NOT CLEARLY APPROVABLE STAKE HOLDER PHONE CONFERENCE.

I attended this teleconference on October 28.  This is when our government tried to explain to 65 fuming adopted parents what "Not Clearly Approvable" really meant.  At the end of the meeting the consensus was that 75% of us were even more confused after the meeting.   

For those who want to read on, Here are the Notes:

Not Clearly Approvable” (NCA) – many cases. Want to explain what it means.

For stakeholders only to participate. Stakeholders who are NCA

Do not want media on phone.http://www.uscis.gov outreach – notes from previous engagements

 branch chief:

Addis informed nearly 60 cases to refer as NCA. A lot of calls and emails and level of concern of frustration is high. Hope call will dispel some of that but will schedule more calls as needed. Respond to individual requests as quickly as planned. Planned to stay on for 90 minutes

Plan to go over:

• Explain roles and responsibilities of US embassy in Addis for adoption cases
• What NCA means
• How USCIS handles the cases that are or will be referred at NCA
• Q&A

Department of  State (DOS) – Donna (C?) office of children’s issues Adoption branch chief

We know there are many questions about a perceived change in practice at the embassy in Addis. We can see where that perceived understanding may be coming from and there have quite truthfully been a few making sure we are doing things in Addis that are routine standard is in DOS. Were a couple of things in practice that needed to be looped back into standard. 1 piece of process was embassy giving families slices of apple request multiple times missing paper…filed in country…appears to be a change as well as could increase # of cases sent to Nairobi as NCA. Because NCA sent to Nairobi, wanted to talk a little bit about this is the appropriate place to be forwarded. Authority to approve n600 clearly meets all requirements or else are required to send to Nairobi for judification and review. Approx 60 cases in the cue not processed in a timely manner. Apologies. USCIS and DOS work to gether to do this call on how to move forward so that this situation does not continue.

Whitney, USCIS: plan

Relative role and responsibilities. US law USCIS role over 600 forms petition to determine adopted child has a qualified relationship with US cit. adoptive parents to bring child as an immigrant. Apply for immigrant visa. After orphan processing boils down to lawful final adoption in country of origin and meets def inition of orphan in US law. Can approve “clearly approvable”. 

Where not a presence the DOS does it for us…USCIS has no precense in ET so the DOS has to process and approve in ET. US embassy Addis has authority to approve clearly approvable. If not clearly approvable msut be sent to DOS and DOS decides what action is appropriate. Rare cases denial process. 

Orphan investigation required in every case. USCIS makes decision referred to as NCA then the investigation is done by the time they approve. No further investigation after approved. Buck stops with whom rols are judicated.

 

What does NCA MEAN? Very specific meaning. First and formost: these words do not mean denied! They mean further back and forth between petitionary and USCIS to process. If haven’t met burden issue a request for evidence.  Not approved once reviewed will begin to deny?? Something about RFE. RFE explains to petitioner what evidence is missing or requires future explanation or amplification. Examples of what kinds of evidence can cure the problem. Can’t ALWAYS TELL PETITIONARY EXACTLY WHAT TO GIVE THEM TO SOLVE THE PROBLEM BUT BE SPECIFIC AS WE CAN.

Most times petitioners can cure evidence and problem. Can’t predict outcome of cases. RFEs not first step in path to denial but could be another step in approval. Addis no authority to issue RFEs. Flagged for USCIS then Addis no longer has jurisdiction over that case and cannot take further evidence. Only USCIS will make the decision. Cases are referred because they believe they have done all they can in their authoritiy with DOS. If USCIS approves doesn’t mean DOS did anything wrong. It’s part of normal processing for i600 petition and delegated authority with departmental roles are.

Subject: What happens to a case once addis ababa finds as NCA?

Traditionally: Addis sent case file to USCIS in Nairobi for handling physically through diplomatic pouch. 4-6 weeks from here to there. More recently has only had a few transferred from embassy addis no improvement in time lag. Became aware in sept that addis had accumulated 60 NCA cases. Sent a team to Addis rather than finish drafting transfer memos and packing them up sending them to Nairobi. Team of 4 Mon Nov 7^th to stay in addis at least 2 weeks to work on ALL NCA files in Addis whle they are there. We immediately coordinated with embassy to make sure no more cases in the mail and would hold for team in Addis to work on. Faster results than if embassy addis mailed to us.

We the US govt apologize for any delays families have experienced….we are sorry for heartache and distress families are experiencing.

Exploring electronic routes but not in place yet. Some papers do have to move. Will send additional teams to addis to work cases as needed if need be. Team will work on NCA waiting there NOW. May communicate with families via email while in Addis. Won’t do one on one meetings or phone calls because time needed to work through the group of cases while on the ground there.

Will start in addis by revolving all cases. Triage cases with medical/special needs. Everyone has a sense of urgency and some have been waiting for months so that is why we are putting the team in to move ahead on the cases but emergent ones will be put first.

Cases approved in Addis will be there for Others go to Nairobi for completion

Hope to work all in Addis while there but likely not possible to complete all

• USCIS Nairobi work on each cases until render petition on i600
• Does child meet US law definition of orphan under immigration law?
• If approved then will notify addis to begin immigration process.

 

Last topic subject of most questions:  Judi(?) standard to use on i600

Specific terms

For all form i600 regardless of whom. Preponderance of the evidence standard. 51% of the evidence supports approval. More likely than not child meets definition under us law. Every _ consider all evidence and apply this standard for i600 petition. Under standard the burden of proof placed on petitioner to provide evidence that it is more likely than not that the child meets the definition. This is a very generous standard. Tolerates some inconsistency and things in body of evidence. 51% certaitly allows for 49% uncertainty. Really want to emphasize that it’s ok to presenta  case that hasn’t been really well and carefully prepared. Each case USCIS judicator looking at cases first decide if evidence is enough to meet the burden of proof. If not draft RFE for what kind of evidence can overcome the problem. What will be needed for each individual case is a function to each additional case. Can’t give general what people need to find or ask for.

Aware of cultural sensitivities of Et cases. Take this into consideration upon each case. 

We know this presentation hasn’t answered all questions or concerns.  40% of cases how many are approved if as if Nepal almost all approved so why waste the time?

Thank You