Matter of Furtado

Matter of Furtado, 28 I&N Dec. 794 (BIA 2024)

(1) A petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption, opened for signature May 29, 1993, S. Treaty Doc. No. 105-51, 1870 U.N.T.S. 167 (entered into force May 1, 1995; for the United States Apr. 1, 2008), should provide, regardless of the beneficiary’s length of United States residence: (1) a written statement from the Central Authority of the child’s country of origin stating that it is aware of the child’s presence in the United States and of the adoption, and that it has determined that the child is not habitually resident in the country of origin; and (2) an adoption order or amended adoption order incorporating the language of the statement from the Central Authority.

(2) An adopted child will not be considered habitually resident in the United States unless the petitioner shows that the Central Authority of the child’s country of origin did not respond to the request for a habitual residence statement, that the Central Authority responded that it would not write a habitual residence statement, or that the United States Department of State has confirmed that the Central Authority does not issue habitual residence statements.