OVERVIEW OF THE SPECIAL OVERVIEW OF THE SPECIAL HUMANITARIAN PAROLE HUMANITARIAN PAROLE PROGRAM FOR HAITIAN PROGRAM FOR HAITIAN

ORPHANSORPHANSJanuary – July, 2010January – July, 2010

September 8, 2010September 8, 2010

As part of the USG humanitarian As part of the USG humanitarian response to the earthquake in response to the earthquake in Haiti on January 12, 2010, Haiti on January 12, 2010, Secretary Janet Napolitano of the Secretary Janet Napolitano of the Department of Homeland Security Department of Homeland Security (DHS) authorized the use of (DHS) authorized the use of humanitarian parole for 2 humanitarian parole for 2 categories of orphans in Haiti.categories of orphans in Haiti.

CATEGORY 1CATEGORY 1Children being adopted by U.S. citizens Children being adopted by U.S. citizens prior to Jan. 12, 2010, who appeared to prior to Jan. 12, 2010, who appeared to be legally confirmed as orphans be legally confirmed as orphans available for intercountry adoption by available for intercountry adoption by the Government of Haiti (GOH) through the Government of Haiti (GOH) through an adoption decree or custody grant to an adoption decree or custody grant to suitable U.S. citizen adoptive parents. suitable U.S. citizen adoptive parents.

CategoryCategory 1: 1: Evidentiary StandardEvidentiary Standard Evidence of Evidence of availability availability for adoption MUST include at least for adoption MUST include at least oneone of of

the following:the following: Full and final Haitian adoption decree; orFull and final Haitian adoption decree; or GOH custody grant to prospective adoptive parents for GOH custody grant to prospective adoptive parents for

emigration and adoption; oremigration and adoption; or Secondary evidence in place of the above.Secondary evidence in place of the above.

Evidence of Evidence of suitabilitysuitability MUST include MUST include oneone of the following: of the following: Approved Form I-600A,Approved Form I-600A, Application for Advance Processing of an Application for Advance Processing of an

Orphan Petition; Orphan Petition; oror Current FBI fingerprints and security background check; orCurrent FBI fingerprints and security background check; or Physical custody in Haiti plus a security background checkPhysical custody in Haiti plus a security background check

CATEGORY 2CATEGORY 2

Children previously identified by an Children previously identified by an adoption service provider or other adoption service provider or other facilitator as available for intercountry facilitator as available for intercountry adoption and matched to American adoption and matched to American prospective adoptive parents (PAPs) prospective adoptive parents (PAPs) prior to January 12, 2010.prior to January 12, 2010.

Category 2 –Evidentiary StandardCategory 2 –Evidentiary Standard Significant evidence of a Significant evidence of a relationshiprelationship between the between the

prospective adoptive parents and the child; prospective adoptive parents and the child; ANDAND of the of the parents’ parents’ intentionintention to complete the adoption, which to complete the adoption, which couldcould include the following: include the following: Proof of travel by the prospective adoptive parents to Proof of travel by the prospective adoptive parents to

Haiti to visit the child;Haiti to visit the child; Photos of the child and prospective adoptive parents Photos of the child and prospective adoptive parents

together;together; An Adoption Service Provider “Acceptance of Referral” An Adoption Service Provider “Acceptance of Referral”

letter signed by the prospective adoptive parents;letter signed by the prospective adoptive parents; Documentary evidence that the prospective adoptive Documentary evidence that the prospective adoptive

parents initiated the adoption process prior to Jan. 12, parents initiated the adoption process prior to Jan. 12, 2010, with intent to adopt the child (filed Form I-600A, 2010, with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition,Application for Advance Processing of an Orphan Petition, and/or Form I-600, and/or Form I-600, Petition to Classify an Orphan as an Petition to Classify an Orphan as an Immediate RelativeImmediate Relative, completed a home study, located an , completed a home study, located an ASP to work with in Haiti, email, correspondence etc.).ASP to work with in Haiti, email, correspondence etc.).

Category 2 – Evidentiary Standard Category 2 – Evidentiary Standard (Cont’d)(Cont’d)

Evidence of the child’s Evidence of the child’s availability availability for adoption, which for adoption, which would include the following: would include the following: IBESR (Haitian Adoption Authority) approval; IBESR (Haitian Adoption Authority) approval; Documentation of legal relinquishment or award of Documentation of legal relinquishment or award of

custody to the Haitian orphanage;custody to the Haitian orphanage; Documentation of birth parent consent to the adoption Documentation of birth parent consent to the adoption

of a child by specific PAPs;of a child by specific PAPs; Secondary evidence in place of the above.Secondary evidence in place of the above.

Evidence of Evidence of suitabilitysuitability MUST include MUST include oneone of the following: of the following: Approved Form I-600AApproved Form I-600A, Application for Advance , Application for Advance

Processing of an Orphan Petition;Processing of an Orphan Petition; or or Current FBI fingerprints and security background checkCurrent FBI fingerprints and security background check

Special Humanitarian Parole Program for Haitian Orphans -- Caseload as of 8/2/10

Closed, 93, 5%

Pending Final Decision, 58, 3% Eligible, 1,143, 67%

Final Ineligiblity, 441, 25%

Categories of Authorized Cases

Authorized, Category

Uncertain, 133, 12%

Category 2, 685, 59%

Category 1, 331, 29%

Case DocumentationCase Documentation

No standard set of documents for each caseNo standard set of documents for each case All should have the parole travel document All should have the parole travel document

issued by the USCIS Field Office in Port au issued by the USCIS Field Office in Port au PrincePrince

All Category 2 cases that were screened by All Category 2 cases that were screened by HHS should have the sponsorship HHS should have the sponsorship agreementagreement

Case Documentation – Travel Case Documentation – Travel LetterLetter

Each child authorized Each child authorized humanitarian parole under humanitarian parole under the Special Humanitarian the Special Humanitarian Parole Program for Haitian Parole Program for Haitian Orphans was issued a travel Orphans was issued a travel letter.letter.

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

Early letters did not specify Early letters did not specify whether the child was whether the child was Category 1 or 2.Category 1 or 2.

Case Documentation – HHS Case Documentation – HHS Sponsorship AgreementSponsorship Agreement

The parents of each The parents of each Category 2 child who Category 2 child who was screened by HHS was screened by HHS before being released before being released to them have a to them have a sponsorship sponsorship agreement giving agreement giving them physical them physical custody.custody.

Case Documentation – ExceptionsCase Documentation – Exceptions Early travel letters do not specify Category 1 Early travel letters do not specify Category 1

or Category 2.or Category 2.

Not all Category 2 children were screened by Not all Category 2 children were screened by HHS, and therefore some do not have the HHS, and therefore some do not have the sponsorship agreement.sponsorship agreement.

Case Documentation – Case Documentation – Supplemental Documents Issued Supplemental Documents Issued

by USCIS and HHSby USCIS and HHS As prospective adoptive parents of Category As prospective adoptive parents of Category

2 children began to seek legal custody and/or 2 children began to seek legal custody and/or finalize the adoptions in state courts, some finalize the adoptions in state courts, some judges have asked for additional information.judges have asked for additional information.

Two issues consistently need clarification:Two issues consistently need clarification: Who has legal custody of the children and how it Who has legal custody of the children and how it

can be transferred to the prospective adoptive can be transferred to the prospective adoptive parents?parents?

How can the court determine that the child was How can the court determine that the child was available for adoption in Haiti?available for adoption in Haiti?

Case Documentation – Case Documentation – Supplemental Documents Issued Supplemental Documents Issued

by USCIS and HHSby USCIS and HHS USCIS issued the USCIS issued the

Category 2 parents Category 2 parents that had been that had been screened by HHS a screened by HHS a letter explaining the letter explaining the availability availability determination made determination made in Haiti as part of in Haiti as part of the parole the parole screening process.screening process.

Case Documentation – Case Documentation – Supplemental Documents Issued Supplemental Documents Issued

by USCIS and HHSby USCIS and HHS HHS issued the HHS issued the

Category 2 parents Category 2 parents that had been that had been screened by HHS a screened by HHS a letter explaining the letter explaining the custody situation of custody situation of the children.the children.

What needs to happen to What needs to happen to regularize the status of the regularize the status of the

children?children?FOR CATEGORY 2:FOR CATEGORY 2: Legal custody or adoption Legal custody or adoption

in the child’s state of in the child’s state of residence, ANDresidence, AND

2 years legal and physical 2 years legal and physical custodycustody

Adjustment to Legal Adjustment to Legal Permanent Resident AlienPermanent Resident Alien

FOR CATEGORY 1:FOR CATEGORY 1: Adjustment to Adjustment to

Legal Permanent Legal Permanent Resident Alien or Resident Alien or U.S. CitizenshipU.S. Citizenship

Points of Contact at USCIS:Points of Contact at USCIS: The National Benefits CenterThe National Benefits Center

877-424-8374, 877-424-8374, NBC.adoptions@dhs.govNBC.adoptions@dhs.gov USCIS – NBC, PO Box 8025, Lee’s Summit, MO  64002USCIS – NBC, PO Box 8025, Lee’s Summit, MO  64002

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