RFE

On Wednesday, I received the Request For Evidence (RFE) email from New Delhi USCIS office.  While not totally surprising, this news was very disappointing.  The RFE puts proof of little girl's abandonment on us.  They feel that the orphanage and police records are unreliable.  Really, it kind of sounds crazy.  They want us to locate her parents to prove she was abandoned????  Who writes this stuff?

Most PAPs who have received the RFE have hired an attorney and a PI.  I really don't know what we are going to do at this point.  Our new/old house has consumed all of our savings (and still no completed kitchen).  Our agency is not really being helpful. We are working on a plan, but for now it is up in the air. 

Believe it or not, I had to be re-fingerprinted today.  Our I-700 has expired and we have to be fingerprinted to renew it.  We were delayed in getting our fingerprint approval because the NBC lost our file when they moved offices.  We finally get the fingerprint appointment and my prints came back unreadable.  SOOOO, I take another half day off of work to get re-printed. 

I feel like I am bailing water out of a sinking ship with a teacup.  Angela said if I got some duct tape she would help plug up the holes. (How Texas of her)

We are looking for duct tape.
Carrie

Had to take a break...

OK, I am back.  I had to take a blog break.  I had to take a break from reading and writing.  I have been so discouraged lately that I just had to take a few steps back.  In the meantime, our case file was sent to New Delhi.  In the email letter we received it stated that they cannot clearly find proof of abandonment in our little girl's case.  In a conference call the Nepali Embassy Consular said that they are not finding fraud in these cases, but since they cannot prove that there was no fraud, they will not issue visas.  You can read my earlier posts to see what happens in New Delhi.  It looks like they will be issuing RFEs in New Delhi.  We have been told by our agency that we would probably need an immigration attorney in order to respond to an  RFE.  As it stands now, we will not be able to hire an attorney.  The RFEs are supposed to be specific for each case, so we will have to see if that is what we get, what it says.  Many families have traveled to Nepal and have finalized their adoptions even though they cannot return to the US with their children.  Some are staying in Nepal indefinitely and some have returned to the US after adopting their children and are arranging for the child's care in Nepal.  I admire their bravery and tenacity.  If you know us, you know that we cannot travel to Nepal, adopt and stay.  Nor could we arrange for care.  I wish for our little girl that we were able to do all of these things, but this does not fit our family situation.  SO, now we are just waiting and I am hoping and praying for the best.  We did receive our travel approval, however it seems it was signed in August, but it was not forwarded to our agency until last week.  I really don't know what that means.  Our travel approval could be now expired, or maybe not.  Our agency could not confirm whether our travel approval expired 60 days after it was signed, or 60 days after it was received.  The US embassy has requested an extension for all pipeline cases, but the Nepali ministry is not thrilled with the US, so who knows what they will do?  This is all very confusing, but again, we are just waiting.

While I was taking a break, some very amazing prospective adoptive parents were creating a petition to congress.  It is very informative and calls for action.  Even though I have had a number of people contact congress people on our behalf, there has not been interest from my congress people here in Texas.  This petition has the potential to magnify our issue.  I will be posting it to my Facebook page and hoping my friends will continue to spread the word.  Please read it, sign it and pass it on.  Break is over-we have to keep going!

www.petition2congress.com/2/3608/

Carrie

Blog post

Wow, this is truly unbelievable.  Thank you so much to this brave family for posting this.  As long as this blog is public, I think it is OK to link to it.  Read this to understand what is happening in Nepal.  If it does link, just copy and paste in your browser.
http://newbrownchild.blogspot.com/2010/09/embassy-meeting-from-sept-10th.html#comments
I am having a very hard time wrapping my brain around this.
Carrie

Happy Birthday, Bro!

Today is my brother's birthday!  Happy Birthday, Rob!  I am so fortunate to be in one of those families where, for the most part, everyone gets along.  We enjoy each other's company and appreciate each other.  I am very proud of my siblings and the people they have become.  My brother is an amazing, cool, wonderful man and father. Today is Rob's day!  Love ya!

News from Kathmandu

Last Tuesday we got the copies of the documents that went with our I-600 to Kathmandu.  Within these were all of the documents from the children’s home that will become the proof that little girl is a true orphan.  Mike and I poured over this information.  After looking at them, we felt pretty confident that she would be proven an orphan.  The next morning we even discussed the logistics of going to Nepal. 

THEN, on Friday, we got the “News from Kathmandu”.  This was an email that was a copy of a blog post of a family that had been in Nepal, met and bonded with their child, and were not approved for a visa.  They had to travel home without the child.  It was devastating for them and I am sure for the child.  Their file has been sent on to New Delhi.  (Read previous blog post for what happens in Delhi).  Sadly, they are not the only ones whose files have been sent on to New Delhi.  At this point, I do not know of one family who has had the visa approved for their child under the new policy.  The blog post says that it is expected that all of the files will be sent to New Delhi.

And it gets more complicated…  Embassy officials are not saying why they are not approving the visas or what information they are getting from the Nepali paperwork that is questionable.  Apparently there is a US law that says they don’t have to (or cannot) tell PAPs the results of the investigations they are doing.  The PAP’s don’t have a clue.  So when the files are sent to New Delhi, in 2 of the outcomes the PAP’s may provide additional information to prove orphan status.  But, of course, most of us are a million miles away and have no clue what piece of information would be helpful.  I hate to say this, but it seems pretty bleak.

It is so frustrating that our US laws are not making sense.  I am not sure what greater good is being served by keeping kids in orphanages.  It is so frustrating that the paperwork is not good enough.  There must be some way to prove these children are orphans that meets US standards, but we don’t know what that is.  I have asked about and looked up information on the legal definition of “abandoned” and “orphan” as it relates to international adoption, but it is vague.  Are the people at the embassy not approving visas because of paperwork, when they know, in their hearts, that there is no family to come and get the child?  How can that be?

So, it is not good news. But, I have a hope in my heart that this is meant to be and will work out.  We will see…  My prayer still is that if our little girl has a family who is willing and able to care for her, that they will come and get her.  If she does not have a family, I am praying that all of her paperwork will be in order so that she can be granted a visa and join our family.

Love to all,

Carrie

What's Happening...

OK, we have had some progress within the last week. First, our I-600 request has been officially received by the US embassy in Nepal. All waiting parents received an email yesterday from DOS saying that although they have verbal assurance from the ministry that they will extend travel approvals for all those who have received it, they do not have this assurance in writing. So, the embassy will prioritize those cases who have received travel approval. I got an email this morning from an adoption worker at the US embassy in Nepal saying that all of our information has been received and that we are “in the queue”. It did not say how long the “queue” is, but I am glad that we are in it.

Also, it has been reported on the yahoo group that 2 cases have already been sent to New Delhi. The regional office of the USCIS is in New Delhi and this is where cases will go if they cannot clearly determine the child’s eligibility for adoption. In New Delhi they will do 1 of 4 things. 1. Review and approve. 2. Issue a request for more information. 3. Issue a Notice of Intent to Deny (NOID). 4. Issue a denial. I have not heard anything other than that the cases were sent there. I am hoping for the best for these families and children. At least things are now moving. People are working. I truly hope that they will be looking to see if the child is truly an orphan and not just denying because not all I’s are dotted and T’s are crossed. Of course we all want to adopt children who truly are orphans. How that is determined, I guess, is the question.

The third interesting thing that happened to me was that I got an email back from TX Senator John Cornyn’s office. The email was clearly a canned letter discussing immigration reform. When I sent him my first email, I had to check a box saying what the email was in reference to. I just checked immigration since there was no “US shuts down Nepal adoptions box”. I thought they would read the email. Clearly they did not. I replied to his email saying that I think he may have not read my email "correctly". I then attached my previous email. Hmmm… I thought of copying his response here on my blog, but I think I’ll give him a chance to respond to me first.

Finally, I found my car keys! Yea! Please continue to say prayers for our little girl and all the others waiting for families!

Enjoying the moment

I had one of those days.  You know, too much to do, too little time.  I was on a tight time schedule.  It was a delicate balance to get everyone where they needed to be at the correct time.  Then, as I was leaving work to go home, I COULD NOT FIND MY KEYS!  Nowhere to be found.  So, called Mike, got a ride home with Angela, ran Riley over to neighbors house who was taking him to football, ran to middle school to pick up Blaine from football, drove Blaine home for shower, rode 20 minutes to my school with Mike, did NOT find keys in car, drove 20 minutes home, picked up Blaine, and got to the home of Blaine's violin trio recital FIRST!  So I guess you could say, I was a bit frazzled.  BUT then the trio began to play.  Two boys, 13 years old, one little girl (maybe 11).  It was delightful.  It just was. I know that is an old lady's word, but it was SO delightful!  I sat back, relaxed and listened to my baby play his violin with two others.  AND then, I truly enjoyed the moment.  I know I will be taking myself back to that moment when stress calls (like tomorrow when I again search for my keys).  Thanks, Blaine for the moment!  I am so proud of you!
Carrie

US DOS Update

On Friday the US Department of State (DOS) posted an announcement that they were ready to begin the Orphans First initiative. Through this the US embassy in Nepal will be investigating the orphan status of the child before prospective adoptive parents travel to Nepal and adopt their child. This cuts down on the possibility of a family adopting a child who will not receive a visa to immigrate to the US. Since the suspension, those of us with referrals have been waiting for this to begin. We were all very anxious because we were afraid it would take months to get this program running. We were also all very anxious because for those of us who have received travel approval, we were only given 60 days to complete the adoption. The US has negotiated with Nepal to extend the travel approvals on a case by case basis, as needed to conduct the investigations. While this is a relief, we are all still very fearful about the outcome of the investigations. Rumors were that the embassy would be investigating these “pipeline” cases more vigorously than the previous cases and that most of the visas would be denied. But these are rumors and DOS will not say how they are investigating the cases.

Now we just need to pray. There is nothing else we can do. We sent our paperwork (it is on its way to Nepal as we speak). We are waiting for an appointment to have our fingerprints renewed. There is nothing else we can do. We have no power over this situation. This is my prayer. .. That if our little girl does have a family that is willing and able to care for her, that they are found and she is reunited with them. However, if she does not have this family, it is my prayer that all of her paperwork will be in order (sufficient to approve a visa) and that she be granted a visa. What I will not be able to live with is if she does not have a family and does not have sufficient data to prove she is an orphan. That means she may spend the rest of her life in an orphanage. That will be very difficult for me to live with. Please pray with me. Thanks!

Carrie

International Adoption: Unicef's and Other Critics’ War Against International Adoption

An interesting article on Unicef''s vendetta against international adoption.
International Adoption: Unicef's and Other Critics’ War Against International Adoption
Seems they have struck again with Nepal. Let's look for real reforms in fighting adoption fraud as opposed to shutting down countries. Really, what is in the best interest of the child? Growing up in an orphanage in their home country or being a part of a loving family in another country. Unicef is failing children in these countries, making them orphans for life. Yep, I'm mad!

Thanks for the link, Nachama.
Carrie

How I am coping?

How am I coping?  Overall, I think pretty well.  I have spent quite a bit of mental and emotional energy on worrying, thinking, planning, feeling mad, feeling resentful, feeling powerless, feeling sad, wondering why we were brought to this point, only to have an abrupt halt.  I think about this ALL the time.  Now that I have pictures of a precious little girl, I cannot get them out of mind. 

Last week, I asked our church to pray for us and little girl.  I had not, up to this point ,even told anyone at church about our adoption plans.  Really, I had only talked about it with family and close friends.  All along, I was worried something would go wrong.  It took so long for Nepal to get moving on the matching that I wondered if they intended on doing so.  I kind of looked at this as a very long, high risk pregnancy.  But, when we got our referral, I let my guard down.  It seemed real then.  It seemed like it was really going to happen.  OK, now back to church.  It was so strange having the church pray for us.  I know that is not the word I should use to describe my feeling, but it was strange.  I did feel a bit of peace.  Then, this week, they prayed again for us and little girl.  I didn't even have to ask, they just remembered.  Again, strange and peaceful.  I am feeling this is about more than just us and this little girl.  It is so touching to me that others are hoping we can bring her home. 

Tomorrow starts school.  Being a teacher, I will be consumed with all I have to do with my class and my two sons.  In a way this is a relief.  I do have some power over these things.  God has put these children (my class and my own kids) here in front of me now.  I will be available and present for them 100%.  I will not stop doing what I think I need to do to advocate for the adoption situation, but I know I will not be thinking about it all day.  I am doing what is put in front of me each day and I will trust that the adoption will work out.  (OK, I will struggle to trust that the adoption will work out-but I'll work on this too).  

AND, I will be praying for all of the prospective adoptive parents and their prospective children.  I hope they will feel some peace.
Carrie

FL Senators

FL Senators Bill Nelson and George LeMieux have sent emails back to my Mom's friends.  Unfortunately, it seems they can only intervene for a FL resident.  Sooo...  Has this been a waste of time?  No, I don't think so.  At least the word is getting out there.  Is there a family hoping to adopt from Nepal in FL?  If so, contact these senators.  They have each written back, sending forms to intervene.  I guess I need to get on my Texas buddies and ask them to send some letters.  I know Lisa wrote a letter (Thx, GF, I know you are busy).  And I plan on either dropping by or calling Ralph Hall's office this week.  Here's what we are asking for right now...  Three things-  1.  That the US get their new procedures to investigate the orphan status prior to parents travel.  This needs to be done, yesterday!  2.  That the US DOS secures an extended travel approval from Nepal.  We don't know what will happen when our 60 days are up and we have not gotten a visa for little girl.  3.  That the US embassy uses the same standards to investigate the pipeline cases as the previous referrals.  Before they approved the visa as long as there was no sign of corruption, now it is stated they will be needing proof that documents are legitimate.  Hopefully, early this week we will get word that DOS is ready to start investigating.

Again, thanks to all who have written on our behalf!
Carrie

I Spoke to the Congrassman's Office

Today I spoke with a staff person in Congressman Connie Mack's office. He listened intently to my story, asked some questions and finally said that they could call the Department of State to make a congressional inquiry. I thought, "WOW, yea, maybe someone will put some pressure on the DOS!" When he asked where I lived and I told him I was in Texas, he said that he would not be able to do that on our behalf. He told me they would have to extend congressional courtesy to my congressman. I told him I had emailed him and not heard back and he suggested I call his office. Even though he could not help me, I appreciated that he called me. At least now I know that they can make a congressional inquiry with the DOS. That was valuable information.

Any Prospective Adoptive Nepal Parents out there, call your congressman. I will be calling Congressman Ralph Hall's office on Monday. The Department of State needs to get their procedures going. Those of us who have travel approval have time ticking away.
Carrie

Someone heard

Thanks to everyone who has been making some noise. I know these people have written letters... Mom, Lori, Susan, Ron and Ginny, Clora. THANK YOU! These are the people who have told me they wrote. Today I got a message from Congressman Connie Mack's (FL) office. I did not get to call him back today, but will call tomorrow. The message said they have received several notes on our behalf. I don't know if it will help, but at least, someone heard. I don't know if he can do anything, or even if he wants to do anything, but someone heard. Thanks for helping me make some noise!

I am a bit nervous about calling him back and talking to him. What if I don't make a good argument or am not articulate enough? What if he asks me questions I don't know the answer to? What if I don't mention the major points? What if he cannot do anything? What if all of this doesn't work and I will wonder the rest of my life what is happening to that little brown-eyed girl in Nepal?

Let's keep making noise!
Carrie

Dear Madame Secretary:

Reposted from Nachama's blog http://apennyanickeladollaroradime.blogspot.com/

August 13, 2010

Madame Secretary Hillary Rodham Clinton
U.S. Department of State
2201 C Street NW
Washington, DC 20520

Dear Madame Secretary:

Effective August 6, 2010, the U.S. Department of State (DOS) announced the suspension of new adoption cases for children identified as abandoned in Nepal. DOS announced at the same time that that they would continue processing adoptions for those children who have already been referred to an American citizen prior to August 6, 2010.

There are approximately 80 of those citizens. They have waited for these children for years.

On August 6, 2010, without warning to any of the parents or agencies currently finalizing their cases, the DOS issued a statement, “strongly recommending that prospective adoptive parents do not travel to Nepal to finalize their adoptions.” Instead, the United States Citizenship and Immigration Services (USCIS) and the Department of State report that they are “currently setting up a [new] program that will enable the U.S. Embassy in Kathmandu to complete the required I-604 Determination of Child for Adoption before prospective parents travel to Nepal to finalize the adoptions.”

This new vigorous investigative program is just for the 80 families that are in possession of referrals issued before August 6th, 2010. USCIS and DOS report that "...the review of these approximately 80 adoptions will be vigorous and it is expected that some might not be ultimately approved.” Holding these 80 cases to a higher standard of investigation than the previously approved cases seems arbitrary at best and cruel at worst. Chuck Johnson, head of the private National Council for Adoption, expressed dismay at the suspension, saying it would consign many Nepalese orphans to longer stays in institutions.

"It's a sad day for us children's advocates," he said. "When you suspend adoptions due to concerns of abuse, you're also preventing the adoption of legal and legitimate orphans. ... There will be suffering, profound psychological and physical effects."

Until August 6th a visa could be granted if there was no proof of corruption but as of August 6, 2010 – just for the 80 families with referrals -- proof must be provided that the documents are legitimate, proof that is extremely difficult to come by given the Nepali culture and customs. It is unconscionable that these children may have to remain in orphanages for the rest of their childhood because the DOS is now reviewing each abandonment case on a “guilty until proven innocent” view instead of an “innocent until proven guilty” standard. These children have been abandoned – there is ample evidence that they have been living in orphanages for years but are not going to be given a visa to the US to live with their forever family that will provide a safe, loving and nurturing home because their original abandonment cannot be substantially verified. Children are abandoned because these mothers/family members/relatives by necessity go great lengths not to be identified. The government of Nepal has determined that these children are legally free to be adopted.

The Nepali culture makes it very difficult to investigate these cases according to Western standards. Many abandoned children were born out of wedlock, a situation that is illegal in Nepali society. Women who have given birth out of wedlock are considered unmarriageable. Therefore most women and girls have no choice but to keep their pregnancies a secret. These women and their relatives will do anything to remain anonymous rather than be shunned by their community and left husbandless in a patriarchal society. This makes the orphan investigation process nearly impossible. The Embassy has stated that one of the reasons for questioning the orphans' files is that they are all so similar. However, the files are similar because the situations are very similar in the case of abandonment. A child is found by someone and then taken to either a police station or orphanage. This is the only information available because the mother has chosen to remain anonymous and others do not wish to report anything they know about the situation.

I strongly support ethical adoption policies and procedures but feel there may be a lack of consideration of the values and culture in Nepal. I am asking you to help us bring these children home.

Please contact the Department of State and urge them to expedite these cases caught in the middle of this abrupt policy change.

Very truly yours,

Travel Approval (TA) time may be extended

It has been reported by someone on the Yahoo group that the US Embassy in Nepal is negotiating with the Ministry to have the travel approval time extended. Apparently Nepal gave them verbal indication that they would do so. We just need to get it in writing to feel comfortable that we will all not need to jump on a plane in 10 weeks and complete the adoption before we are sure we can get a visa for the child. This would not be an option for us anyway- but many are considering this. There are also several families in Nepal right now trying to decide what to do.

Come on DOS, let's this get this show on the road! We need to get moving! Children need to leave orphanages and go to the loving families waiting for them!
Carrie

Nepal Adoption Suspension in the News

US family fights halt on Nepal adoptions
AMY BOWEN/ST CLOUD TIMES

ST CLOUD, Minnesota, USA, Aug 14: Tears well up in Cherie Beumer's eyes for the daughter she doesn't know, but loves.

Beumer and her husband, Todd, are fighting to adopt a 14-month-old Nepali girl. The US Department of State, Department of Homeland Security and US Citizenship and Immigration Services suspended American adoptions from Nepal on August 6.

The Collegeville couple was scheduled to travel August 7 to Kathmandu, Nepal, to adopt the toddler. They adopted their 6-year-old son, Alex, from the country in 2005. They started the adoption process for a second time more than three years ago.

"We are so far along," Todd Beumer said. "We already have her photos."

The pictures show a little girl with chocolate brown eyes and black hair, crawling and sitting on a wooden horse. The family has already invested $20,000-$25, 000 in the adoption, not including travel expenses.

The US government halted Nepalese adoptions of abandoned children. According to the State Department, Nepalese adoption documents have been found unreliable, and the government wants to verify the children are orphans.

Other countries, including Belgium, Canada, Denmark, France, Germany and England, have suspended adoptions from Nepal as well.

About 80 American families have been matched with children, the State Department reported. It is recommending that families defer travel to complete the adoptions.

It is illegal to abandon a child in Nepal, the Beumers said. Therefore, little information is known about children who are abandoned in places such as police stations, they said.

Officials publish the children's pictures in newspapers in case birth parents are looking for them, they said, then fill out paperwork to make the children eligible for adoption, the Beumers said.

The Beumers and their adoption agency are confident the child they want to adopt does not have a birth family looking for her, they said. They wouldn't adopt a child who had a birth family that wants to care for the baby, the couple said.

The Joint Council of International Children's Services, an advocacy group for intercountry adoption and finding families for orphans, issued a position statement about the situation in Nepal. The council contends those who abuse the adoption system in Nepal should be "investigated, arrested and prosecuted." It does not want to stop intercountry adoption, though, as it "only contributes to the elimination of a child's right to a family".

The Beumers feel added stress because they have 60 days from the date they were approved to travel to Nepal to legally adopt the child, according to the government there.

They were approved to travel July 23.

They have to get to Nepal by September 20 or they will lose the referral, Todd Beumer said.

Cherie Beumer plans to leave for Nepal early next week.

The girl will be legally adopted by the Beumers in Nepal's Ministry of Women, Children and Social Welfare, but she will not be issued a U.S. visa until the investigation into whether she was legally abandoned is complete. And that could take months, the Beumers said.

They have thought about stopping the adoption, but can't. They already love the child, and worry she will grow up without a family in the orphanage, Cherie Beumer said.

"We can't leave her there," Cherie Beumer said.

"We're going to adopt her, and show up at the (US) embassy and fight for her, " Cherie Beumer said. "She'll be our child legally."

Todd and Alex Beumer will stay in Collegeville, and will visit Nepal in November or December if Cherie Beumer is still there, Todd Beumer said.

The family is prepared for the worst, which would have Cherie Beumer living abroad with the girl for two years until the child could obtain a visa.

"We're planning for the worst case," Todd Beumer said. "It's better to get good news when you're expecting bad news."


Published on 2010-08-14 14:49:23

We are in this same situation. However, we cannot travel and be in Nepal for an undetermined period of time.

Carrie