USCIS UPDATE: Haiti, Special Processes for Children Brought in Under Humanitarian Parole

The USCIS has created a special webpage for families who brought children to the US under the Special Humanitarian Parole Program. The webpage contains directions for obtaining US citizenship based on three catagories of DHS parole and is meant to help clarify the process for adopting/adoptive families. Please visit the USCIS website for further information:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f8f42777302b8210VgnVCM100000082ca60aRCRD&vgnextchannel=f8f42777302b8210VgnVCM100000082ca60aRCRD

or use this Tiny Url:

http://tinyurl.com/USCISHaitiHP

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: USCIS Announces It will Be Ending the Special Program for Humanitarian Parole for Haitian Orphans

Special Humanitarian Parole Program for Haitian Orphan
Final Opportunity to Request Consideration

Introduction

U.S. Citizenship and Immigration Services (USCIS) will stop accepting new requests for parole under the Special Humanitarian Parole Program for Haitian Orphans effective April 13, 2010, because the Haitian government has requested that the United States bring the program to a close. While USCIS believes that the vast majority of requests for special parole have already been submitted, any remaining prospective adoptive parents or adoptive parents will have until April 14, 2010, to submit a request under the special program.

Background
The Department of Homeland Security (DHS) established the special parole policy and process as part of the overall U.S. government response to the January 12, earthquake. The policy and process was designed to address the circumstances of a specific group of vulnerable Haitian children:
* those who either had full and final adoptions completed by United States citizen parents before the earthquake or,
* who were far enough along in the adoption process that both the governments of Haiti and the United States could verify the identity and eligibility of the children for adoption, and the United States government could confirm the suitability of the adoptive parents.

To date, more than 1,000 Haitian orphans have been approved for travel to the United States to join their adoptive families under this expedited process. USCIS is in the process of considering several hundred more requests and anticipates that ultimately some 1,200 children will benefit from this program.

USCIS will process all requests for parole under the special program received at HaitianAdoptions@dhs.gov by April 14, 2010. USCIS is no longer accepting “walk-in” requests at the USCIS embassy in Port-au-Prince.
Initiating a Case
If initiating a case by sending an e-mail to the HaitianAdoptions@dhs.gov mailbox, please include in the subject line the last name of the prospective parent(s) and the name of the child to be adopted.
Please also provide the information below to help us process the case as expeditiously as possible:
* The name(s) and date(s) of birth of the adoptive parent(s);  The name(s) and date(s) of birth of the orphaned child(ren);  The address and contact information for the adoptive parent(s), the adoption service provider, if
applicable, as well as the caregiver for the child(ren) in Haiti;  A signed Form G-28 or privacy waiver if you wish USCIS to communicate about your
humanitarian parole request with an attorney or other representative;
Office of Communications
* A recent photo(s) of the child(ren); and,
* Documentation showing that the child was either:
~ Being adopted prior to January 12,2010 and was legally confirmed as an orphan available for inter-country adoption by the government of Haiti through an adoption decree or custody grant to suitable U.S. citizen adoptive parents; or
~ Identified by an adoption service provider or facilitator as eligible for inter-country adoption and matched to prospective American adoptive parents prior to January 12, 2010.

Please see the Fact Sheet on the Humanitarian Parole Policy for Certain Haitian Orphans for additional details on the evidence that supports a request for parole. If you do not have all of the evidence necessary to establish eligibility for parole and are in the process of gathering that evidence, you may still submit a request to the e-mail box before the deadline, with an explanation of the evidence you are seeking to obtain. You should also, at a minimum, provide the following information:
* Full name(s) and date(s) of birth of the Haitian child(ren);
* Full name(s) and date(s) of birth of the U.S. prospective adoptive parents;
* Contact information for the prospective adoptive parent(s).
-USCIS-
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=dc4535f9b29d7210VgnVCM100000082ca60aRCRD&vgnextchannel=c94e6d26d17df110VgnVCM1000004718190aRCRD





Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Why PEAR does not support new adoption cases or airlifts of children from Haiti at this time:

This week, a member of PEAR, Julia Rollings, spoke eloquently of the reasons why international relocation and adoption of Haitian children is not appropriate at this time: http://au.tv.yahoo.com/sunrise/video/play/-/6725923/haitis-orphans/#fop

While many US citizens are moved by the sight of children in distress and feel the need to press the US government toward adoption or massive airlifts of children, we must remember that these are not our children, Haiti is not under the authority of the United States nor subject to the desires and demands of US politicians and NGOs. As the countries affected by the 2004 tsunami were afforded the right to determine how their people would rebuild their lives and their country by offering and accepting support and resources in their own countries, Haiti should be afforded the same sovereign right. It is Haiti, not the US or any other foreign government or NGO, who has the right and responsibility to care for its children and make the decisions in their children's best interests.

We recommend that the Guidelines for Alternative Care of Children published by ISS this past fall be consulted for excellent child care policies in emergency situations: http://www.crin.org/bcn/initiatives.asp. Although the guidelines have not been formally adopted, they offer excellent advice and counsel. The ISS provisions for the care of children in emergencies include the following excerpts:

"In such circumstances, the State or de facto authorities in the region concerned, the international community and all local, national, foreign and international agencies providing or intending to provide child-focused services should pay special attention:
(a) To ensure that all entities and persons involved in responding to unaccompanied or separated children are sufficiently experienced, trained, resourceful and equipped to do so in an appropriate manner;
(b) To develop, as necessary, temporary and long-term family-based care;
(c) To use residential care only as a temporary measure until family-based care can be developed;
(d) To prohibit the establishment of new residential facilities structured to provide simultaneous care to large groups of children on a permanent or long-term basis;
(e) To prevent the cross-border displacement of children, except under the circumstances described in paragraph 159 below;
(f) To make cooperation with family tracing and reintegration efforts mandatory.

Paragraph 159 states:
"Children in emergency situations should not be moved to a country other than that of their habitual residence for alternative care except temporarily for compelling health, medical or safety reasons. In that case, this should be as close as possible to their home, they should be accompanied by a parent or caregiver known to the child, and a clear return plan should be established."

PEAR supports the temporary relocation with a clear repatriation plan of Haitian children on a case by case, individual basis if, and only if, approved by the Haitian government for purposes of receiving medical attention that cannot be provided currently in Haiti. We also support policies and procedures that would reunite Haitian children with their relatives living abroad if this is determined to be in the best interest of the child. We do not support wholesale relocation of children to foreign countries on a temporary or permanent basis when care and protection can be provided in Haiti by the Haitian government and its people with assistance of funding, supplies and hands provided by foreign and international NGOs and governments.

Adoption is not an emergency procedure. Airlifting children after a crisis to a different culture is not in the best interest of the children. It was not considered in the 2004 tsunami, so why has this become a daily crusade for local groups, churches, NGOs and government officials?

The executive branch of the US government has spoken clearly through DOS and USCIS that it is best to reunify the family. This position is clearly preferred and supported by numerous national and international child welfare organizations. We call on the legislative branch to support that decision and place their focus on the exploration of ways in which the US can respond to the needs of the Haitian people. This includes providing legal, medical and therapeutic assistance to the children who have been granted humanitarian parole to the US. We also call on members of Congress to act with caution and responsibility and avoid hastily passing undebated sweeping global child welfare reform called Family For Orphans Act (FFOA) during this Haiti crisis.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Secretary Napolitano Announces Humanitarian Parole Policy for Certain Haitian Orphans

SECRETARY NAPOLITANO ANNOUNCES HUMANITARIAN PAROLE POLICY FOR CERTAIN HAITIAN ORPHANS


On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.

DHS and DOS are working together to issue travel documents (either immigrant visas or humanitarian parole authorizations) for children who fall into the two categories described below. Once these children are cleared to travel, the U.S. Embassy in Port au Prince will facilitate their evacuation to the United States so they may be united with their American adoptive parents.

Under applicable laws, unaccompanied minors entering the country without a parent or legal guardian will be turned over to the Department of Health and Human Services (HHS) Office of Refugee Resettlement.

All cases will be evaluated by U.S. Citizenship and Immigration Services (USCIS). Depending on their circumstances, and information available some children will receive immigrant visas with permanent immigration status and will require no further processing. Those who enter under humanitarian parole status will need to have their immigration status resolved after arrival.

Eligibility for Humanitarian Parole

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

Other Orphaned or Separated Children
Given the severity of the disaster in Haiti, we understand that there are additional children that have been orphaned and/or separated from relatives and may also be in varying stages of the adoption process. DHS and the U.S. Department of State continue to evaluate additional eligibility criteria and will provide additional information as soon as it is available.

USCIS encourages U.S. citizens with pending adoption cases in Haiti to send us detailed information about their cases to HaitianAdoptions@dhs.gov

Please visit the USCIS website at www.uscis.gov and the U.S. Department of State website at www.adoption.state.gov/ for more information and updates.

- USCIS -



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/