Madilynn Min McClurg

Madilynn Min McClurg

USCIS requirement changes

So much has happened since the last post I am not even sure where to start. The adoption is the main story so I am starting there. Our homestudy has been approved for quite some time now but we still do not have a copy that has been approved by WACAP. It seems that USCIS changed their guidelines for the ages of "children", to be more specific, if the child (sibling in the home) will be turning 18 during the adoption process. It used to be if the child was 17 at the time of the homestudy then the 17 year old was considered a child and the paperwork was filed accordingly. Now the rules state that if a 17 year old will be turning 18 before the adoption is final then the 17 year old will be treated as an adult and the homestudy needs to reflect all of the documents as if the 17 year old is an adult. Why is this an issue? Because we cannot get a clearance on a 17 year old child in our state. We have to wait until our son is 18 to fill out the documentation that will give us the clearance needed to complete the paperwork needed for the final approval of our homestudy.

The choices...

1. Go ahead with this homestudy and file our USCIS docs, then get an updated homestudy when our son turns 18. This includes more cost for the update on the homestudy, more time to complete the addendum to the homestudy, and more time to send the addendum to USCIS for approval.
2.Just wait until he is 18 (this a Michigan law I am not sure the age applies in all states) and then move forward with the process.

Our choice is to wait. The cost out weighs the time we will have to wait. There is no guarantee that it will help Min get home quicker even if we go with choice 1.

I found this out while I was out of state with my mother. She was diagnosed with cancer and was undergoing surgery to have her stomach removed. I was staying to help with her recovery and transition home. The day she came home my step-father was sent to the hospital for a cath of his heart, they found that he needed open heart surgery and he had to stay in the hospital until a bed opened up for him. A week later he had the surgery, a few days after that he returned home. Both are doing well.

Now my attention and finances are pulled between care for my parents and the adoption of our daughter.

I am really getting scared about our financials.

2 comments:

  1. Hi Shawn and Sharon,
    I found your blog through the Mlive article that was written about your family (and have to say there are some uninformed and opinionated people on that site!). We went through something similar with a domestic adoption. Florida required a background check on anyone over the age of 12 in the home, but Michigan will not release juvenile records or lack of a record. We filled out the form for her background check so that it was on file and then our social worker had someone at the state level write a letter quoting the statute that says Michigan won't release juvenile records. Not sure if this could help in your case. Best of luck with everything!

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    1. Thank you for the information. It was helpful. We did fill out the form as you suggested but luckily for us our son turns 18 the end of this month. Thank you for your help. Yes, I agree about the comments, we were very surprised and broken hearted that this is what some people think of us. I know in my heart that what we are doing is the right thing for the right reason. Congrats on your adoption!

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