UPDATE: Haiti February 24 Teleconference

Haiti Teleconference-February 24, 2010

PEAR was in attendance for the first hour of the teleconference.

The first 30 minutes were updates on

• This past weekend’s delay of 6 children
• Establishment of commercial flights to Haiti
• US Embassy hours of operation in Port Au Prince
• Information on the next steps for regularizing immigration status of children who were granted Humanitarian Parole.

Questions and Answers were taken after that. There was a reiteration of strong commitment to this Humanitarian Parole program from both Haitian and US governments.

Delays

The delay of 6 children that garnered much press were able to leave Haiti today. As commercial flights resumed at the airport on Friday February 19, the Haitian government was back in control of the airport for the first time. This group of children were the first to pass through the airport after the change of power. The Haitian police who were there to ensure proper documents were leery of the paperwork since they had not seen that type before. The Prime Minister’s signature was on all the paperwork and Haiti and US immigration officials were never in doubt of the authenticity of the paperwork. The Police wanted to double-check everything and the children were placed under UNICEF care in a Haitian facility until the process was clarified for the police. The Prime Minister will continue to approve each and every case that the US Embassy processes before each child will be able to leave Haiti.

Commercial Flights

There are now two American Airline commercial flights per day from Port Au Prince to Miami. All children will be processed through Miami. Spirit Air may begin flights soon. Charter flights may occur but the USCIS and DOS cannot guarantee those flights. In the event that children are scheduled on a charter flight and the charter flight fails to materialize, the children’s travel arrangements can be changed to commercial flights.

US Embassy Hours

The US Embassy in Port Au Prince has returned to regular hours for the public. They will be open Monday through Friday 7 AM to 3:30PM with the ability to schedule Saturday appointments. They will not be open on Sundays. Adoptive parents should continue to work with USCIS to get an appointment for their child.

Regularization of Immigration Status for Children on Humanitarian Parole

The issue of how to proceed is not dependent on Category I or Category II status, but rather will be based on documentation of a full and final adoption decree in Haiti.

If you have a full and final adoption decree that is documented, you may file an
I-600 and I-485.

If you do not have a full and final adoption decree, you can either

(1)wait and finalize the adoption in Haiti to gain legal status of your child and then file I-600 and I-485 (timeframe for the ability to do this is unknown at this time) or

(2) Obtain legal custody of your child in the US by adopting the child in the US. Then citizenship will be granted after 2 years of living with the child and 2 years of having physical custody of the child, which can be concurrent. The Humanitarian Parole timeframe can be extended as long as it is applied for before the time has expired. After the 2 year period, an I-130 and I 485 package can be filed. After I-485 is filed a Certificate of Citizenship can be issued and a US Passport can be issued.

Travel outside the US during this 2 year period may have limits. An I-131 form can be shown for entry back in to the US, but the foreign government may not accept the child into their country with the documents that parents may have during this time.

The child must be under 16 or have a sibling, who is under 16 that is being adopted at the same time in order to go through this process. If your child is older than 16 and does not have a sibling younger than 16 concurrently being adopted, a clear path is not yet established but USCIS and DOS will work with you individually.








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

UPDATE: Haiti Teleconference

Today PEAR took part in the first hour of a teleconference with USCIS International Operations Division, DHS, DOS and other government agencies to discuss the ongoing process of bringing children into the US on Humanitarian Parole visas.

The primary discussion was effect that resumption of commercial flights will have on getting HP children to the US. Once commercial flights resume on Friday, February 19, the military will have to reduce its flights so as not to compete with the commercial flights. DHS will continue to work with adopting families to secure remaining military flights during the transition period (approximately two weeks) or to locate other private aircraft flights able to escort the children into the US.

Once it becomes necessary to book commercial flights for the children, adopting parents will have to reserve seats for their children and possibly for an adult escort and cover those costs. American Airlines is the only commercial carrier resuming flights. American requires an escort ratio of 2:1 for infants and all children under 15 must be escorted. DHS will work closely with adopting parents to secure the proper number of seats and coordinate timing. Adopting families are discouraged from attempting to fly to Haiti to retrieve the children.

The following is the outline of the process DHS foresees:

1. HP is approved at the Embassy.
2. The child is immediately placed on the prime minister list for travel approval.
3. The Prime Minister will sign the travel approval (this process has slowed down due to other obligations of the Prime Minister but is still occurring).
4. The Embassy will immediately notify parents when the approval is signed and will inform parents of the options available for bringing home their child.
5. If there is no military or private flight available, parents will need to book a flight with American Airlines. The only point of entry the children will be permitted to enter the US is Miami, so all flights must be booked from PaP to Miami. Once a flight is booked, parents will notify the Embassy and the Embassy will secure the proper documents and escort the child to the airport. The Embassy will work with parents on contacting the orphanage or guardian of the child with travel plans and coordinating the process.

The process is malleable at this point as DHS works though the complications this transition may present.

DHS also provided the following information on the process to date:

So far, travel has been authorized for over 800 children. They expect a considerable number of cases to receive travel authorization tomorrow (Friday February 19). DHS is aware of a possible flight via a charitable organization on Friday if the travel authorizations are signed.

DHS anticipated approximately 900 applications and has received 1300. About 5% of the cases reviewed have been found ineligible. DHS still continues to encourage prospective adoptive parents who began the Haitian adoption process prior to the earthquake to review the criteria for eligibility and contact DHS if they feel they have a chance at meeting those criteria.

DHS has shifted from processing groups of children by orphanage to processing individual children as they are ready which has quickened the pace of approvals. Each case is reviewed twice and is given individual care and attention.

In addition to the above information, DHS announced that it will provide a teleconfernce early next week for disseminating information on obtaining citizenship and finalizing adoptions for children who entered the US under Humanitarian Parole. A date and time have not yet been fixed. PEAR will publish this information as soon as we receive it.


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

PEAR's Summary of the Teleconference of DHS, USCIS and HHS regarding Haitian Adoptions Status of February 3, 2010

The following is a summary of the teleconference of DHS, USCIS and HHS regarding Haitian Adoptions Status of February 3, 2010 from 3:00 pm to 4:45pm

Families and concerned individuals are advised not to send emails urging quick processing etc. It will clog the email box.

Statistics- 750 cases approved; 600 children already in US of approximately 1000 cases

US has a good understanding based on trust with the Haitian government regarding the orphan processing. They are accepting US determinations of humanitarian parole for the children. There was a brief hiatus in processing cases when Haiti temporarily called a halt due to trafficking concerns but they have resumed with the process of granting humanitarian parole to children who were previously determined to be legal orphans properly referred to parents who have been screened.

Parents may express their thanks to the Haitian government via the Haitian Embassy in Washington DC. They can send an email to the Ambassador’s office

The USCIS has posted additional information in the form of Q and As at their site http://adoption.state.gov/news/faq_adoption_haiti.html

The vetting of cases is being done on a case by case basis with triage of urgent need cases processed first. There is a preliminary review and then a second “quality assurance review”

Rejection of cases results in the case being considered by a review board. If the case is missing information parents will be notified and given the opportunity to submit it

All cases are ultimately approved or rejected only at the US Embassy level in Port au Prince.

Upon a preliminary decision of approval by DHS in Washington, Parents will be notified but the decision will be subject to verification of the identity of the child and approval by Embassy Officers.

Parents were repeatedly advised not to go to Haiti and not to have their child go to the Embassy without an appointment as this is making it more difficult to process the children in an organized and expeditious manner.

After preliminary approval and upon an appointment, the child must go to the Embassy to be seen personally and obtain a travel document ( not a passport) . The child should NOT proceed to the Embassy without an appointment notice unless they are in extremely urgent circumstances. Transport and processing are being arranged by both orphanage personnel and individual care takers or custodians in the case of individual adopters. If an individual adopter is not sure how to get the child to the Embassy or the caregiver is unable to communicate with the Embassy, please contact HaitianAdoptions@DHS.gov. It is important for all parents to include all available contact info for the child including phone numbers and location of the child. Children should NOT go with someone who states they will take them to the Embassy without prior notice.

Non-resident US citizens adopting must inform USCIS via HaitianAdoptions@dhs.gov

Heather Burke of HHS stated that children who arrive must have an immediate medical evaluation. They can print out for pediatricians what testing and examinations are advised from the CDC website concerning Haitian Adoptions.

For those children without health coverage, they can be examined by the local office of Refugee Resettlement for free.

It was emphasized that it is urgent that these children be seen by a doctor and tested as recommended immediately upon arrival.

All children are now being sent to Miami with no exceptions where HHS has set up a reception process that is running smoothly. All children are received at the airport and turned over to trained caregivers where they will be checked, fed, given clean clothes, etc. Children in category 1 can be released to parents as soon as their paperwork is checked but the majority in Cat 2 will need to have their parents processed for sponsorship via the Family reunification application and process. Parents will be able to visit and be with their children while this takes places. The site has facilities for this and parents are being assisted with information about area accommodations while their applications for sponsorship are pending. 65 were processed the day before yesterday without problem.

Parents CAN commence their process BEFORE the child’s arrival if they come to Miami before the child.

Parents who have children in the country now and those who will shortly are advised NOT to take steps to adopt/re-adopt or legally adjust their children’s status until they are given further guidance by USCIS which will be forthcoming perhaps by the end of the week. Steps must be taken in the correct order or it can present legal problems later in the process. The process will probably involve the filing of an I600 and 485 or I-130 and 485.

Air transportation of approved orphans is irregular and unpredictable. 14,000 US citizens and immediate relatives have been evacuated so far. No commercial flights to Haiti have resumed yet. Most planes have been humanitarian aid planes that have been able to return to Miami or stop over in Miami. Most days they have been able to schedule air transport. DHS and the Embassy are arranging this. Parents should not attempt to arrange it themselves. For individual cases not in orphanages, those children may be added to groups from orphanages with caregivers. Non US citizens and Haitian guardians may not exit as escorts with the children ( unless they have a valid US visa) Escorts will be arranged where necessary

Parents will be notified if possible when air transport has been arranged or upon arrival

Some highlights of Q and A-

Children will NOT receive a passport at the Embassy but rather a “travel document”

Fingerprints already on file with DHS can be “refreshed” by them. Parents should notify them if they have fingerprints already on file from a previous case as those may not be known to DHS unless informed. Send the info to HaitianAdoptions@dhs.gov

Escorts for flights are arranged in Haiti.

The absence of a recent homestudy will not necessarily result in a determination of non-suitability for sponsorship. Parents should be prepared to demonstrate current suitability with income tax, employment and other records

If a child is currently with a care giver who must leave Haiti, they should be transferred to a UNICEF facility or other caregiver. They cannot leave before their cases is properly approved. Be sure to contact DHS to inform them of this.

Do not go to the embassy even if you are a parent in Haiti. Wait for your appointments. Walk- ins are not always able to get into the Embassy and are presenting problems,.

If there has been no contact with Parents after they have submitted info to HaitianAdoptions@dhs.gov then send info to askci@state.gov

If a parent has not heard anything in a long time from DHS, they may send a status inquiry to haitianadoptions@dhs.gov

Contact DHS in the case of Humanitarian parole children who are considering leaving the country for any reason. They will need to request advance parole

There is an HHS fact sheet for parents at their website

For further info please see:

http://adoption.state.gov/news/Haiti.html

http://adoption.state.gov/news/parents_with_pending_haitian_adoption_cases.html

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

Important Information from Haiti Stakeholders Conference Call

A two-hour conference call was held on Tuesday January 26th among USCIS, DHS, DOS and prospective adoptive parents and adoptive parents.

Shortly after the earthquake, the movement of already identified and matched orphans was proposed by the US and quickly accepted by the Haitian government. The Dutch and German governments also made proposals that were accepted early on. The Government of Haiti is completely in favor of children identified before the earthquake to be adoptable and matched to qualified adoptive parents to come to US. There is NO HALT in the processing of cases despite reports in the media. Talks about a new Haiti government check are ongoing at senior levels of both governments and only expected to delay the travel plans for a short time.

There are approximately 700 identified cases with 500 that have gone through the preliminary approval process on the US side. DHS is working on 200 more cases and expect that there are others. They do not have 100 percent of the contact information from prospective adoptive parents. DHS is asking prospective adoptive parents to directly send their information to Haitianadoptions@dhs.gov

If you are aware of orphanages that are not being processed, help USCIS connect with these orphanages by sending their contact info to the DHS email address. If you know of orphanages in dire straits, send a message with a header EMERGENCY ORPHANAGE IN DIRE STRAITS.

If you have been notified by your agency that the process is no longer working and adoptions will no longer go through, this is not true. Please contact DHS directly if you have been misinformed by your agency.

USCIS has teams of people working around the clock to process all cases as soon as possible.

Preliminary vetting is occurring in Washington DC in the following manner:

Step 1: Receive information from prospective adoptive parent (also can be given by Adoption Service Provider or orphanage) from email Haitianadoptions@dhs.gov

Step 2: They review documents. If they need more documents, they will contact prospective adoptive parent via phone or email. They prefer phone contact.

Step 3: For those people who have not yet been fingerprinted or are having fingerprints that are expiring, DHS will work with the prospective adoptive parent to get that done by helping to schedule an appointment at the local USCIS Application Support Center.

Step 4: Prospective adoptive parent will be notified via email (EMAIL #1) if they are Category 1, Category 2, or Category 2+ (tentative or possible, meaning that confirmation of eligibility will come from documents that US embassy in Haiti would likely have).

Step 5: USCIS in Washington DC sends information to US Embassy in Port au Prince to match up with their documents.

USCIS worked over the past weekend to vet as many cases as possible. However, not all emails to prospective parents of these 500 have been sent yet.

If a prospective adoptive parent receives a category classification, that indicates that your case has been preliminary vetted. You may assume all of the information has been sent to the US Embassy.

Process on the Haiti Side

Prospective adoptive parents are discouraged from going to Haiti. If a prospective adoptive parent is already in Haiti, he or she may proceed to the US Embassy and gain entry BUT their case WILL NOT be prioritized over the cases that they have scheduled. This is NOT a way to fast-track the processing of your child. Know that your presence will be causing delays for others who are following the rules.

The US Embassy continues to process cases and print out travel documents. While the Haitian government determines the proper procedure (expected to be resolved very soon) the travel documents will be held at the Embassy.

Scheduling at the Embassy: The Embassy is striving to move eligible children in groups. They want the list of ALL eligible children from each orphanage in advance. The goal is to stop people from showing up without appointments. They prefer to schedule appointments a few days in advance.

Preferred Process at US Embassy in Port au Prince

1) Orphanage director (or other trusted adult associated with orphanage) WITHOUT the eligible children but WITH documents and photos is to go to embassy to deliver documents to the USCIS part of Embassy. The pre-vetted information from Washington DC will be at the Embassy. The Orphanage director would then leave.

2) Embassy matches the pre-vetted documents from Washington DC with any extra documents brought by the orphanage and/or documents in the possession of the Embassy and then gets back in touch with orphanage (could be a few days). At this point, arrangements will be made for the orphanage director or other trusted adult to bring eligible children for “physical identification”--matching the actual child with the paperwork.

3) Letters and travel documents issued (printed).

4) Hand out the letters/travel documents so that child can be flown to the US. (For now, it will NOT be handed to them until new Haiti procedure goes in place)

5) Email (EMAIL #2) will be sent to the prospective adoptive parent informing about travel manifest. US embassy or agency may arrange travel from Port au Prince Airport to US. See http://pear-now.blogspot.com/2010/01/haiti-update-important-information-for.html about specifics on travel.

Entry into US

If your child is classified as a Category 2, Humanitarian Parole by Department of Homeland Security (DHS) , when child arrives in US:

1) DHS transfers custody to ORR (Office of Refugee Resettlement)

2) ORR will transfer custody to the sponsor (prospective adoptive parent) only AFTER their review of documents (US departments are sharing them to expedite the process) and the Family Reunification Packet. The Family Reunification Packet can be found at www.acf.hhs.gov/programs/ORR . Some elements of the reunification packet, such as possession of original birth certificate, may be able to be waived. The elements will be decided on a case-by-case basis. It is preferred to complete the Family Reunification Packet prior to your child’s arrival.

3) Processing will take up to 1 day. In rare cases it will take longer. For those cases, children will be transferred to a skilled residential facility for children until process completes. Prospective adoptive parents will have access to their child and can visit during this brief time.

4) Phone 202-441-7748 with questions about this or during the custody transfer.

Category Classifications

It is possible that a child’s classification may change from the preliminary vetting in Washington DC to the US embassy finalization. It is also possible that after arriving in the US, a child’s category could be changed from Category 2 to Category 1 if evidence is available. Process to be determined.

Future Conference Calls

Future conference calls with adoptive parents and prospective adoptive parents will be scheduled. PEAR will post that information here when we learn of it.


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