For Moroccan Heritage families, pursuing kafala independently can seem like a straightforward path to welcoming a child into their home. However, securing a visa for U.S. immigration requires the involvement of a Hague-Accredited Adoption Service Provider (ASP) as the Primary Provider.
When a family identifies a child before completing the home study and obtaining I-600A approval, this is known as a Reverse Kafala. In these cases, families may already have custody before engaging an ASP. However, upon filing the I-600A, USCIS will require them to identify a Primary Provider and complete the missing steps, adding unexpected delays and challenges.
The Standard Process for Kafala with U.S. Immigration
To ensure compliance with U.S. immigration law and the Hague Adoption Convention, the recommended process is:
- Contract with a Hague-accredited ASP to be the Primary Provider
- Complete a home study conducted or supervised by the Primary Provider
- Obtain I-600A approval from USCIS
- Identify a child for kafala through an authorized orphanage and apply in court
- Once kafala is granted, file the I-600 petition with the U.S. Consulate in Casablanca
Following this process from the start helps prevent legal and procedural complications.
Challenges in a Reverse Kafala Process
Families who pursue Reverse Kafala often encounter significant hurdles that extend beyond frustration and delays.
Delays and Increased Costs
Without a completed home study and I-600A approval, the process will stall. USCIS will not proceed with the I-600 petition until these requirements are met. This means:
- A home study takes 3–4 months to complete, with another 2–3 months for I-600A approval.
- A family may invest time and money in the process only to learn they are ineligible to adopt due to criminal history, finances, or health concerns.
- Home studies conducted without a Primary Provider must be redone, adding additional costs and delays.
Legal & Ethical Concerns When Identifying a Child
Families who visit orphanages or hospitals independently to identify a child may face challenges in obtaining a visa:
- USCIS reviews how a child came into care, and improper placements can raise concerns about child trafficking.
- If a child was directly relinquished to the family, rather than placed through an orphanage or licensed care facility, the case may be denied.
- Unauthorized pre-matching or early contact with birth parents can jeopardize the child’s visa eligibility.
Insufficient Documentation for Immigration
The U.S. immigration process requires specific documentation to determine if a child qualifies as an “orphan” under U.S. law. Without the guidance of a Primary Provider, families may lack:
- Official court records and police reports documenting the child’s background.
- Proper investigations into the child’s abandonment or legal relinquishment.
- Essential legal documents needed to establish eligibility for a visa.
Missing documentation can result in visa denial, leaving a child in legal limbo with no path forward.
Misconceptions About Cost Savings
While pursuing kafala independently may seem more cost-effective, unexpected delays, legal fees, and duplicate services often increase overall expenses. Additionally, many U.S. agencies do not accept cases where kafala was completed without proper procedures, further limiting a child’s chances of immigrating.
Ensuring a Successful Kafala Process
A Reverse Kafala can be successful in some cases, but it carries substantial legal, financial, and ethical risks. The best path forward is to engage a Primary Provider from the beginning, ensuring compliance with U.S. immigration laws and ultimately securing a safe and permanent home for the child.