Contributed by Piyush Seth, Esquire

pseth@tuckerlaw.com, 412.594.5640

The Department of Homeland Security, in coordination with the US Department of State, have announced a humanitarian parole policy allowing orphaned children from Haiti to enter the US temporarily.  Each case is reviewed separately (case by case basis) and depending upon the particular circumstances of the case, children are eligible to receive immigrant visas with permanent immigration status immediately or enter under humanitarian parole status and thereafter adjust their status while in the US. 

There are two categories of orphans immediately eligible for Humanitarian Parole as follows:

Category 1

Children who have been legally confirmed as orphans eligible for intercountry adoption by the Government of Haiti, were in the process of being adopted by Americans prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria

  • Evidence of availability for adoption, which MUST include at least one of the following:
  • Full and final Haitian adoption decree
  • Government of Haiti Custody grant to prospective adoptive parents for emigration and adoption
  • Secondary evidence in lieu of the above.
  • Evidence of suitability for adoption, which MUST include at least one of the following:
  • Notice of Approval of Form I-600A, Application for Advance Processing of an Orphan Petition
  • Current FBI Fingerprints and background security check clearances
  • Physical custody in Haiti plus a security background check

Category 2

Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria

  • 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, etc.)
  • Evidence of the child’s availability for adoption, which could the following: 
  • IBESR (Haitian Adoption Authority) approval 
  • Documentation of legal relinquishment or award of custody to the Haitian orphanage
  • Secondary evidence in lieu of the above
  • Evidence of suitability for adoption, which MUST include at least one of the following:
  • Notice of Approval of Form I-600A, Application for Advance Processing of an Orphan Petition; OR
  • Current FBI Fingerprints and background security check clearances

 USCIS has set up a special e-mail box haitianadoptions@dhs.gov to receive scanned documentation on pending Haitian adoptee orphans.  USCIS requests that all communications from prospective adoptive parents and adoption service providers should be formatted as follows:

  • Subject line: LAST NAME, First name of the adopting parent, and USCIS case number and NVC case number, if available
  • If you are adopting more than one child, please send separate e-mails for each child
  • Include the name, DOB, gender of the child, and the current location of the child in Haiti
  • Include any contact information for the child’s current whereabouts
  • Please include a recent photograph of the child
  • Attachments: Limit attachments to 10 megabytes per e-mail message.  If necessary, split your communication into more than one message, and indicate in the subject line the total number of e-mails and the message number  (i.e. “1 of 2”)

The following case documents should be sent to USCIS for the process:

  • Full and final Haitian adoption decree
  • GOH Custody grant to prospective adoptive parents for emigration and adoption OR
  • Secondary evidence of either of the adoption or custody decree
  • Proof of travel by the prospective adoptive parents to Haiti to visit the child
  • Photos of the child and prospective adoptive parents together
  • ASP “Acceptance of Referral” letter signed by the prospective adoptive parents
  • IBESR approval
  • Legal relinquishment or award of custody to the Haitian orphanage 
  • Secondary evidence of the above (e.g. e-mail correspondence, copies, ASP correspondence)