DISCLAIMER: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only. Questions involving interpretation of specific foreign laws should be addressed to foreign legal counsel.

Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S. based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and licensing office of the Department of Health and Family Services in the state where the agency is located.

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GENERAL: The following is a guide for U.S. citizens who are interested in adopting a child in Pakistan and applying for an immigrant visa for the child to come to the United States. This process involves complex foreign and U.S. legal requirements. U.S. consular officers give each petition careful consideration on a case-by-case basis to ensure that the legal requirements of both countries have been met, for the protection of the prospective adoptive parent(s), the biological parents(s) and the child. Interested U.S. citizens are strongly encouraged to contact U.S. consular officials in Islamabad before formalizing an adoption agreement to ensure that appropriate procedures have been followed which will make it possible for the Embassy (Consulate) to issue a U.S. immigrant visa for the child.

AVAILABILITY OF CHILDREN FOR ADOPTION: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to orphans:

Fiscal Year IR-4 immigrant visas issued to Pakistani orphans adopted abroad
FY-1995: IR-4 Visas - 6
FY-1996: IR-4 Visas - 17
FY-1997: IR-4 Visas - 13
FY-1998: IR-4 Visas - 24
FY-1999: IR-4 Visas - 30

PAKISTAN ADOPTION AUTHORITY: The government office responsible for adoptions in Pakistan is the Family court.

PAKISTAN ADOPTION PROCEDURES: First, it should be noted that Pakistan is not an easy country from which to adopt a child. If you have a particular child in mind for adoption, especially a relative, be sure to have a lawyer or INS assist you in determining if the child fits the definition of "orphan" before proceeding. Suggested steps to take when adopting is as follows:

1) Obtain the publication International Adoptions from the U.S. Embassy in Islamabad or the U.S. Department of State in Washington, DC.

2) Contact the Immigration and Naturalization Service office closest to your place of residence for general information regarding adoption procedures, as well as a copy of the brochure The Immigration of Adopted and Prospective Adoptive Children (document M249N).

3) Contact adoption organizations in the U.S. for general information and guidance regarding international adoptions.

4) Consider consulting an adoption attorney

5) File form I-600A (if no child has been identified) or I-600 (if specific child has been identified) with your local INS office. If you have been a resident in Pakistan for at least six months, you may file the form(s) with the INS officer in Islamabad. If you have an approved I-600A and are traveling to Pakistan, you may also file form I-600 with the INS officer in Islamabad.

6) The petitioner must obtain custody of the child from a Pakistani family court, under the Guardian and Wards Act of 1890. The custody order should allow for emigration and foreign adoption of the child

7) Obtain a Pakistani passport for the child

AGE AND CIVIL STATUS REQUIREMENTS: If single, the petitioner must be a U.S. citizen who is at least 24 years old when filing form I-600A, and at least 25 years old when filing form I-600. If married, only one spouse is technically the petitioner (must be a U.S. citizen). The other spouse (who does not have to be a U.S. citizen) must co-sign the forms, consent to the adoption, and be approved in the home study. Both spouses can be of any age. The child must be under the age of 16 when the I-600 petition is filed on his/her behalf and must meet the statutory definition of "orphan."

ADOPTION AGENCIES AND ATTORNEYS: There are no adoption agencies in Pakistan, however, the American Embassy provides a list of attorneys that the parents can use:

Muhammad Mahboob Alam
Office Address: 10-E Upper floor
New Milli Stores, Super Market
F-6, Islamabad
Office Phone: 92-51-812-320 (Evening 6:00 p.m. to 8:30pm), District Court Islamabad: 92-51-251-921

Choudhry Ghazanfar Ali
Office Address: District Courts
F-8 Markaz
Islamabad AND 661
Aabpara Market, Islamabad
Office Phone: Bar- 92-51-850-850
Office- 92-51-273-250
Fax- 92-51-264-035

Maulvi Anwar ul- Hague
Office Address: 1-B Civil Lines
Rawalpindi
Office Phone: 581-982

Syed Zia Hussain Kazimi
Office address: H. 135-A Murree Rd.
Rawalpindi
Office Phone: 530-997

Anees Jillani
Office Address: No. 7, Second floor
Sardar Begum Plaza
109- West Blue Area
Islamabad
Office Phone: 92-51-279-255

Sardar Muhammad Ishaq Khan
Office Address: 10-A Civil Lines
Rawalpindi
Office Phone: 564-346

Dr. Sajid Qureshi
Office Address: Second Floor
Ginza Center
Jinnah Ave., Blue Area
Islamabad
Office Phone: 92-51-278-350
92-51-278-776
Fax: 92-51-278-351

Basharat Qadir
Office Address: Legal Consultant/ PPIB
50 Khawaja Nazimuddin Rd.
F-7/4
Islamabad
Office Phone: 9-222-378, 9-206-357, 9-214-731
Fax: 9-217-735, 9-215-723

Farrukh Karim Qureshi
Office Address: House 40
St. 40, F- 8/1
Islamabad
Office Phone: 92-51-260-601
92-51-260-605

DOCTORS: The U.S. Embassy (Consulate) maintains current lists of doctors and sources for medicines, should either you or your child experience health problems while in Pakistan.

PAKISTAN DOCUMENTARY REQUIREMENTS: The following documents are required to complete the adoption process:

· Proof of U.S. citizenship of petitioner

· Proof of marriage of petitioner (if married); if the petitioner is unmarried but was previously married, submit proof of termination of all previous marriages

· Fingerprint cards of petitioner, spouse, and all other adult members of the petitioner's household

· Approved home study (see attachment B for more information)

· $460 filing fee, plus $25 fingerprint fee for each adult household member

Form I-600 also requires:

(a) Proof of age of orphan, i.e. birth certificate

(b) Proof of child's status as orphan: for a child with no parents, evidence of the parents' death, disappearance, abandonment, desertion, separation, or loss; for a child with a sole or surviving parent, evidence of the death of one parent, evidence that the surviving parent is incapable of providing proper care, and the surviving parent's irrevocable written release of the child for emigration and adoption

(c) Proof that the petitioner and spouse (if married) have obtained legal custody of the child for emigration and adoption. In Pakistan, such custody is evidenced by a court order issued in accordance with the Guardian and Wards Act of 1890

(d) Proof that the pre-adoption requirements, if any, of the state of the orphan's proposed residence in the U.S. have been met

(e) $140 filing fee (unless filed within one year of an approved I-600A petition, in which case no new fee is required).

U.S. IMMIGRATION REQUIREMENTS

A Pakistani child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Immigration and Naturalization Service (INS) having jurisdiction over their place of residence. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Islamabad. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Islamabad for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;

The child must be under the age of 16 at the time an I-600 Petition is filed with the INS on his or her behalf;

If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;

If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;

The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by INS can be found on INS's web site at http://www.ins.usdoj.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

I. The Petition.

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Immigration and Naturalization Service (INS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Immigration and Naturalization Service (INS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Islamabad .

Detailed information about filing these forms can be found on INS's web site at http://www.ins.usdoj.gov. Americans who have adopted or hope to adopt a child from Pakistan should request, at the time they file these forms, that INS notify the U.S. Embassy in Islamabad as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an INS office in the US.

II. The Orphan Investigation

One part of the petition process that INS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

Contact the Embassy in Islamabad to schedule an immigrant visa interview for the orphan. In addition to the approved I-600 petition, the child will need the following documents for the interview:

· Application- Form OF-230, Parts I and II.

· Medical report from a physician approved by the Embassy

· Birth certificate- original Urdu and a copy ; original English translation and a copy

· Affidavit of support from the petitioner; form I-864; copy of three most recent years' federal tax returns (form 1040 and all attachments) and evidence of employment

· Two visa photos, according to the instruction sheet provided.

Basic requirements for pursuing an IR-4 visa:

· Form I-600A: " Application for Advance Processing of Orphan Petition"- used when the petitioner has not yet identified a specific child but wants to obtain INS pre-approval for adoption. A prospective adoptive parent is not required to use form I-600A; however, if he/she chooses to do so, he/she will also need to submit and obtain INS approval of form I-600 once a specific child has been identified

· Form I-600: "Petition to Classify an Orphan as an Immediate Relative"- used when the petitioner has identified a specific child. This form is needed in all orphan visa cases

· The INS officer should adjudicate both forms with jurisdiction over the petitioning parents' residence. If a petitioner has an approved form I-600A and is traveling to Pakistan to finalize the orphan visa process, they may choose to file form I-600 with the INS officer in Islamabad.

USEFUL CONTACT INFORMATION:

Immigration and Naturalization Service (INS)
Information: (800) 755-0777
To order forms: (800) 870-3676
Web site: http://www.ins.usdoj.gov

Office of Children's Issues
U.S. Department of State
SA-1, Ste. L-127
2401 E. Street, NW
Washington, DC 20522
Tel: 202-736-7000
Web site:

U.S. EMBASSY (CONSULATE) IN PAKISTAN:

U.S. Embassy
Islamabad, Pakistan
Tel: (92)(51) 2-080-2700
Fax: (92)(51) 2-822-632
Web site:http://www.usembassy.state.gov/pakistan

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult INS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Pakistan may be addressed to the Consular Section of the U.S. Embassy or Consulate in Islamabad. You may also contact the Office of Children's Issues (CA/OCS/CI), 2201 C Street, N.W., SA-22, Room 2100, Washington, D.C. 20520-4818, Tel: (202) 736-7000 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues - recorded information regarding changes in adoption procedures and general information, (202) 736-7000.- State Department Visa Office - recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Immigration and Naturalization Service - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Automated fax - contains the full text of the office's international adoption information flyers and general information brochure, International Adoptions. From the telephone on your fax machine, call (202) 647-3000.

Internet - the Consular Affairs web site, at: contains international adoption information flyers and the International Adoptions brochure.

INS web site- http://www.ins.usdoj.gov

Other information:

Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports. The information is available 24 hours a day by calling the State Department's Office of Overseas Citizens Services at (202) 647-5225. The recordings are updated as new information becomes available, and are also accessible through the automated fax machine and the internet web site, as above.

© June 2001