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: Evidence of availability for adoption MUST include at least one of the following: Full and final Haitian adoption decree; or Full and final Haitian adoption decree; or GOH custody grant to prospective adoptive parents for emigration and adoption; or GOH custody grant to prospective adoptive parents for emigration and adoption; or Secondary evidence in place of the above. Secondary evidence in place of the above. Evidence of suitability MUST include one of the following: Evidence of suitability MUST include one of the following: Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or Current FBI fingerprints and security background check; or Current FBI fingerprints and security background check; or Physical custody in Haiti plus a security background check 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: 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; Proof of travel by the prospective adoptive parents to Haiti to visit the child; Photos of the child and prospective adoptive parents together; Photos of the child and prospective adoptive parents together; An Adoption Service Provider “Acceptance of Referral” letter signed by the prospective adoptive parents; 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, , correspondence etc.). 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, , correspondence etc.).

Category 2 – Evidentiary Standard (Cont’d) Evidence of the child’s availability for adoption, which would include the following: Evidence of the child’s availability for adoption, which would include the following: IBESR (Haitian Adoption Authority) approval; IBESR (Haitian Adoption Authority) approval; Documentation of legal relinquishment or award of custody to the Haitian orphanage; 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; Documentation of birth parent consent to the adoption of a child by specific PAPs; Secondary evidence in place of the above. Secondary evidence in place of the above. Evidence of suitability MUST include one of the following: Evidence of suitability MUST include one of the following: Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or Current FBI fingerprints and security background check Current FBI fingerprints and security background check

Case Documentation No standard set of documents for each case 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 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 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. 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. 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. 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 2:  Legal custody or adoption in the child’s state of residence, AND  2 years legal and physical custody  Adjustment to Legal Permanent Resident Alien FOR CATEGORY 1:  Adjustment to Legal Permanent Resident Alien or U.S. Citizenship

Points of Contact at USCIS:  The National Benefits Center  ,  USCIS – NBC, PO Box 8025, Lee’s Summit, MO  International Operations Division  Whitney Reitz, ,  Carrie Rankin, ,