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					OVERVIEW OF THE SPECIAL
 HUMANITARIAN PAROLE
 PROGRAM FOR HAITIAN
       ORPHANS
       January – July, 2010



         September 8, 2010
As part of the USG humanitarian
response to the earthquake in Haiti on
January 12, 2010, Secretary Janet
Napolitano of the Department of
Homeland Security (DHS) authorized
the use of humanitarian parole for 2
categories of orphans in Haiti.
           CATEGORY 1
Children being adopted by U.S. citizens
prior to Jan. 12, 2010, who appeared to
be legally confirmed as orphans available
for intercountry adoption by the
Government of Haiti (GOH) through an
adoption decree or custody grant to
suitable U.S. citizen adoptive parents.
     Category         1: Evidentiary Standard
   Evidence of availability for adoption MUST include at least one
    of the following:
      Full and final Haitian adoption decree; or

      GOH custody grant to prospective adoptive parents for
        emigration and adoption; or
      Secondary evidence in place of the above.

   Evidence of suitability MUST include one of the following:
      Approved Form I-600A, Application for Advance Processing of
        an Orphan Petition; or
      Current FBI fingerprints and security background check; or

      Physical custody in Haiti plus a security background check
           CATEGORY 2
Children previously identified by an
adoption service provider or other
facilitator as available for intercountry
adoption and matched to American
prospective adoptive parents (PAPs) prior
to January 12, 2010.
     Category 2 –Evidentiary Standard
   Significant evidence of a relationship between the prospective
    adoptive parents and the child; AND of the parents’ intention to
    complete the adoption, which could include the following:
      Proof of travel by the prospective adoptive parents to Haiti to
       visit the child;
      Photos of the child and prospective adoptive parents together;
      An Adoption Service Provider “Acceptance of Referral” letter
       signed by the prospective adoptive parents;
      Documentary evidence that the prospective adoptive parents
       initiated the adoption process prior to Jan. 12, 2010, with intent
       to adopt the child (filed Form I-600A, Application for Advance
       Processing of an Orphan Petition, and/or Form I-600, Petition to
       Classify an Orphan as an Immediate Relative, completed a home
       study, located an ASP to work with in Haiti, email,
       correspondence etc.).
      Category 2 – Evidentiary Standard
                  (Cont’d)
   Evidence of the child’s availability for adoption, which would
    include the following:
      IBESR (Haitian Adoption Authority) approval;
      Documentation of legal relinquishment or award of custody to
        the Haitian orphanage;
      Documentation of birth parent consent to the adoption of a child
        by specific PAPs;
      Secondary evidence in place of the above.
   Evidence of suitability MUST include one of the following:
      Approved Form I-600A, Application for Advance Processing of an
        Orphan Petition; or
      Current FBI fingerprints and security background check
      Special Humanitarian Parole Program for
      Haitian Orphans -- Caseload as of 8/2/10

                    Final Ineligiblity,
                       441, 25%




Closed, 93, 5%




  Pending Final
 Decision, 58, 3%                         Eligible, 1,143, 67%
          Categories of Authorized Cases
   Authorized,
    Category                      Category 1, 331,
  Uncertain, 133,                      29%
      12%




Category 2, 685,
     59%
              Case Documentation
   No standard set of documents for each case
   All should have the parole travel document
    issued by the USCIS Field Office in Port au
    Prince
   All Category 2 cases that were screened by HHS
    should have the sponsorship agreement
    Case Documentation – Travel Letter
   Each child authorized
    humanitarian parole under the
    Special Humanitarian Parole
    Program for Haitian Orphans
    was issued a travel letter.

   The letter went through
    several iterations over the
    course of the program.

   Early letters did not specify
    whether the child was
    Category 1 or 2.
        Case Documentation – HHS
         Sponsorship Agreement
   The parents of each
    Category 2 child who was
    screened by HHS before
    being released to them
    have a sponsorship
    agreement giving them
    physical custody.
    Case Documentation – Exceptions
   Early travel letters do not specify Category 1 or
    Category 2.

   Not all Category 2 children were screened by HHS,
    and therefore some do not have the sponsorship
    agreement.
Case Documentation – Supplemental
Documents Issued by USCIS and HHS
   As prospective adoptive parents of Category 2
    children began to seek legal custody and/or finalize
    the adoptions in state courts, some judges have
    asked for additional information.
   Two issues consistently need clarification:
       Who has legal custody of the children and how it can be
        transferred to the prospective adoptive parents?
       How can the court determine that the child was available
        for adoption in Haiti?
Case Documentation – Supplemental
Documents Issued by USCIS and HHS
   USCIS issued the
    Category 2 parents
    that had been
    screened by HHS a
    letter explaining the
    availability
    determination made in
    Haiti as part of the
    parole screening
    process.
Case Documentation – Supplemental
Documents Issued by USCIS and HHS

   HHS issued the Category
    2 parents that had been
    screened by HHS a letter
    explaining the custody
    situation of the children.
What needs to happen to regularize the
       status of the children?
FOR CATEGORY 1:       FOR CATEGORY 2:
 Adjustment to        Legal custody or adoption in
  Legal Permanent       the child’s state of
  Resident Alien or     residence, AND
  U.S. Citizenship     2 years legal and physical
                        custody
                       Adjustment to Legal
                        Permanent Resident Alien
            Points of Contact at USCIS:
   The National Benefits Center
       877-424-8374, NBC.adoptions@dhs.gov
       USCIS – NBC, PO Box 8025, Lee’s Summit, MO 64002


   International Operations Division
       Whitney Reitz, 202-272-1684, whitney.reitz@dhs.gov
       Carrie Rankin, 202-272-0922, carrie.rankin@dhs.gov

				
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