Cambodia


 
 

Country Status

Cambodia is currently CLOSED to adoptions by foreign citizens.
 
 
 

February 12, 2009 -

USCIS today clarified that it continues to be unable to approve any Form I-600 for a child to be adopted from Cambodia. Please read the recently posted USCIS Update regarding intercountry adoption in Cambodia.   
 

January 2007 -
 
Joint Council staff and Board of Directors met with the U.S. Department of State and U.S. Citizenship and Immigration Services on Monday in conjunction with our quarterly Board meeting.   The following update was supplied to us by DOS:
 
During its November 27-30 session, the Cambodian National Assembly approved Cambodia’s joining the Hague Adoption Convention.  The Convention was sent to the Cambodian Senate on December 7th for approval; it was also sent to the Council of Ministers for review.  This forward movement is in keeping with what Cambodian government officials had told Assistant Secretary Maura Harty and Children’s Issues Director, Ellen Conway, during their September visit to Phnom Penh in early December.  At the time they shared that ratification of the Convention is a high priority for the Cambodian government.  As of January 22nd, however, DOS is unaware of further progress in the Convention’s ratification by Cambodia.  DOS continues to impress upon Cambodian officials that the United States is willing to help Cambodia in implementing both adoption-related and broader child welfare reforms.  The latter are a necessary prerequisite to a possible future reopening of Cambodia for intercountry adoptions to the United States.
 
 
September 2006 -
 
Assistant Secretary for Consular Affairs Maura Harty, together with Children's Issues office director, Ellen Conway, traveled to Cambodia the week of September 11th and met with officials at the Ministry of Justice and Ministry of Foreign Affairs. The Royal Government of Cambodia (RGC) has not yet finalized any adoption reform legislation, although the Hague Convention has been submitted to the General Assembly for consideration.
 
 
July 2006 -
 
Embassy Phnom Penh turned over to the Cambodian government ("RGC") last Fall the results of the Holt survey.  UNICEF has similarly provided to the RGC the results of its own survey on the provision of services to orphans.  UNICEF has received RGC concurrence to do training on the management of both databases, so that the RGC can take them over.  Although the Department of State had previously hoped that the revised adoption legislation might be passed by the end of this year, recent reporting from our Embassy there indicates this is less likely, and it could be well into 2007 before such legislation is enacted.  The Government of France recently entered into a bilateral agreement with the RGC to recommence processing of cases involving French families.
 
 

May 2005 -

It is our understanding that in the near future there may be research conducted on the status of institutionalized children in Cambodia.  Joint Council will update this website with new information on the project as it becomes available.

U.S. Department of Justice

United States Attorney
Western District of Washington
 
700 Stewart Street, Suite 5220Tel:  (206) 553-7970
Seattle, Washington 98101-1271Fax: (206) 553-0882
 
FOR IMMEDIATE RELEASE
November 19, 2004
 
HAWAII RESIDENT SENTENCED TO 18 MONTHS IN PRISON IN CAMBODIAN ADOPTION CONSPIRACY
 
LAURYN GALINDO, age 53, was sentenced to 18 months in prison, 3 years of supervised release, 300 hours of community service, and more than $60,000 dollars in restitution by U.S. District Court Judge Thomas S. Zilly for Conspiracy to Commit Visa Fraud and Conspiracy to Launder Money, and Structuring of Financial Transactions.  In addition GALINDO is ordered to forfeit the proceeds of her crime to the government in the form of her home in Hawaii worth $1.4 million, and the value of her Jaguar (approx $25,000).  In July of 2004 GALINDO admitted she organized the scheme whereby some Cambodian children were taken from their families and represented on immigration forms as orphans.  In sentencing GALINDO today Judge Zilly stated:  conduct regarding children who were taken from their families far outweighs all the other good work you did for other children.                                       
 
This case stems from a two year investigation into the adoption of Cambodian infants by American families in which material misrepresentations as to the orphan status and identities of the infants were made by GALINDO to the State Department and to the former Immigration and Naturalization Service, whose functions are now carried out by the Department of Homeland Security.  The misrepresentations were made from 1997 thru 2001 in order to obtain visas for the infants to travel with their adopting parents to the United States.
 
"This investigation focused on a scheme that treated hundreds of children as nothing more than commodities," said Leigh Winchell, special agent-in-charge for U.S. Immigration and Customs Enforcement (ICE) in Seattle.  "Their criminal behavior exploited not only our nation's immigration system, but defrauded hundreds of well-meaning American parents who wanted nothing more than to provide orphans with a loving home."
 
On December 10, 2003, LYNN DEVIN, the sister of LAURYN GALINDO entered a plea of guilty to related charges.  DEVIN will be sentenced next month.  Both GALINDO and DEVIN committed the offenses using Seattle International Adoptions (SIA), a Seattle based company.  The government plans to take no action which would jeopardize the residency status of Cambodian children in the United States who were adopted thru SIA.
 
At the sentencing hearing GALINDO s defense attorney argued that the Judge should consider his client s charitable work and mental state and sentence his client to probation.  Judge Zilly rejected those arguments saying her  charitable work made it possible to commit the crimes  and noting that while there had been a great deal of discussion about GALINDO s childhood trauma, his concern was the trauma suffered by children  ripped from their parents, and robbed of their identities.
 
The case was jointly prosecuted by Assistant United States Attorney Jim Lord of the Western District of Washington and Trial Attorney Michael Barr of the Domestic Security Section of the Department of Justice.  Michael Seabright, Assistant United States Attorney for the District of Hawaii assisted in the prosecution. The case was investigated by  the Bureau of Immigration and Customs Enforcement of the Department of Homeland Security, and  the Internal Revenue Service. 
 
For additional information please contact Emily Langlie, Public Affairs Officer for the United States Attorney's Office, Western District of Washington at 206-553-4110.   

 

Cambodian Adoption Investigation Results in 2 Guilty Pleas

On June 23, 2004 Lauryn Galindo pleaded guilty to charges in a criminal information of conspiracy to commit visa fraud, conspiracy to launder money and the structuring of financial transactions.  Earlier, in December 2003, her sister, Lynn Devin, entered a guilty plea to related charges.

Both Galindo and Devin committed the offenses using Seattle International Adoptions (SIA), a Seattle-based company. Galindo and Devin have agreed that all illegal profits made by them through SIA, including cash and real property, will be forfeited.

The U.S. government plans to take no action which would jeopardize the residency status of Cambodian children in the United States who were adopted through SIA.

For more details on this case please read below.

Joint Council firmly believes that cases of child trafficking and fraud should be quickly condemned and prosecuted to the full extent of the law.

March 2004

The U.S. Department of State issued a recent notice about their meeting in Cambodia earlier in March.  Click here for the notice.

The U.S. Department of State meet with the Cambodian government in Phnom Penh in early March.  The meeting discussed what steps have been taken within Cambodia since the moratorium took effect and what other issues must be considered before adoptions can resume.  They were able to gather quite a bit of useful information on the current adoption situation and will be shortly forming recommendations to the Cambodian and US governments on how to proceed.  All parties involved would like to see the Cambodian government take steps to create an adoption system with good safeguards for children, birth parents and adoptive parents.  

JCICS has confirmed that as a result of a multi-lateral effort, new draft legislation governing adoptions exists but it is not slated for implementation at this time. However, according to a State Department representative, legislation alone is not a United States requirement for the resumption of adoptions. Ensuring that resources and mechanisms for adoption processes are in place and functioning are key components to a future system. While initial reports of the meeting are positive, this should not be construed as an indication that adoptions will quickly resume. Once the delegation finalizes their report JCICS will update our website with any additional information.

In addition, the Department of State is working the completion of the last category four families. Any families that are eligible to adopt a Cambodian child under category four status must contact the Department of State as soon as possible.

HAWAII RESIDENT PLEADS GUILTY IN CAMBODIAN ADOPTION CONSPIRACY

June 23, 2004 - Assistant Attorney General Christopher A. Wray of the Criminal Division, U.S. Attorney John McKay of the Western District of Washington, U.S. Attorney Edward Kubo, Jr., of the District of Hawaii and Michael J. Garcia, Homeland Security Assistant Secretary for Immigration and Customs Enforcement, announced today that Lauryn Galindo, 53, has pleaded guilty to charges in a criminal information of conspiracy to commit visa fraud, conspiracy to launder money and the structuring of financial transactions.

The charges stem from a two-year investigation into the adoption of Cambodian children by American families, in which material misrepresentations as to the orphan status and identities of the infants were made by Galindo to the now-defunct Immigration and Naturalization Service, whose investigative functions are now carried out by the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE). The misrepresentations were made from January 1997 through December 2001 in order to obtain visas for the infants to travel with their adopting parents to the United States.

The guilty pleas, to a two-count criminal information filed in Seattle and to count three of a three-count indictment originating from the District of Hawaii, were entered today before U.S. Magistrate Judge Mary Alice Theiler in Seattle.

On Dec. 10, 2003, Lynn Devin, the sister of Lauryn Galindo, entered a guilty plea to related charges. Both Galindo and Devin committed the offenses using Seattle International Adoptions (SIA), a Seattle-based company. Galindo and Devin have agreed that all illegal profits made by them through SIA, including cash and real property, will be forfeited. With Galindo’s guilty plea, the case with respect to American citizens involved in the conspiracy has been effectively resolved. The government plans to take no action which would jeopardize the residency status of Cambodian children in the United States who were adopted through SIA.

The charges of conspiracy to commit money laundering and structuring financial transactions each carry a maximum sentence of five years in prison and a fine of up to $250,000. The charge of conspiracy to commit money laundering carries a maximum sentence of 20 years in prison and a fine of up to $500,000. Galindo is scheduled to be sentenced on Sept. 24, 2004 at 1:30 p.m. in front of U.S. District Court Judge Thomas Zilly.

The case was jointly prosecuted by Assistant United States Attorney Jim Lord of the Western District of Washington and Trial Attorney Michael Barr of the Domestic Security Section of the Department of Justice. Michael Seabright, Assistant United States Attorney for the District of Hawaii, assisted in the prosecution. The case was investigated by U.S. Immigration and Customs Enforcement and the Internal Revenue Service.

January 2004

Adoption Investigation
A grand jury has indicted Lynn Devin, owner and operator of Seattle International Adoptions, and her sister Lauryn Galindo, adoption facilitator, on numerous counts of visa fraud. Ms. Devin pleaded guilty on December 3, 2003 to conspiracy to commit visa fraud alleging she falsified documents in order to obtain visas for children being adopted through her agency.  Ms. Galindo voluntarily surrendered on January 8, 2004.  The indictment alleges that between January 1997 and January 1999 Galindo conspired to obtain visas for Cambodian children who were being adopted by parents in the United States falsely representing either the identity of the children or the fact that the children were abandoned or true orphans.  The charges are part of an ongoing investigation into adoption fraud. The government plans to take no action which would jeopardize the residency status of children in the United States who are considered to be victims of the fraud.

Families that wish to contribute additional information to the investigation may contact JCICS at (703) 535-8045 or at jcics@jcics.org.  We can assist the party in contacting the Department of Justice investigator.  

July 2003

On June 23rd and 24th, a Seminary took place in Cambodia in which UNICEF presented a new proposed adoption law to the Royal Cambodian Government (RCG), Parliament, representatives from local and foreign NGO's, and representatives from various Embassies. Ambassador Ray confirmed that representatives from the US attended the Seminary.

It is our understanding that the final draft of the proposed law has not been released as of yet by UNICEF. Early reports indicate that no activity has occurred in respect to movement on the new law due to Cambodian elections.

In July, the JCICS sent a formal letter introducing Joint Council and offering our assistance to the RCG. We are hopeful that this may serve to pave the way for future communication with the Cambodian officials. To read a copy of the letter, click here.

U.S. Department of State's Notice

Important Update Regarding Cambodia Adoptions
February 12, 2002

Expressing particular concern about the adoption process in Cambodia, On December 21, 2001, Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) Commissioner James Ziglar announced an immediate suspension of the processing of adoption petitions in Cambodia. On January 25, 2002 the Cambodian Foreign Ministry verbally notified the U.S. State Department that it would suspend the issuance of adoption documentation to American families in acknowledgement of trafficking concerns and other problems in the adoption process in Cambodia.
 

Therefore, any adoption petitions or approved home studies involving Cambodian orphans arriving at our Embassies in either Phnom Penh, Cambodia, or Bangkok, Thailand after December 21, 2001 will be forwarded to the State Department's National Visa Center (NVC) in Portsmouth, New Hampshire, to be held until such time as the Cambodian suspension is completely lifted. These cases will not be processed while the suspension is in effect. Prospective parents in this situation are strongly urged to consider having their cases redirected for adoption in another country, as it is unlikely the suspension will be lifted completely in the foreseeable future. Those wishing to redirect their adoption to a country other than Cambodia should inform the BCIS. Upon notification from the BCIS, NVC will send the case to the appropriate overseas Consulate or Embassy.
 

Petitions and home studies received prior to the December 21, 2001 suspension will be held at the U.S. Embassy in Bangkok.

 
 

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