Karen Stoutamyer Law Law Offices of Karen S. Law, PLC

General Tips Use analogies—find best statutory fit Immigration deadlines will drive the adoption case: 1.Final Order in US: 16 th birthday for final order or sibling exception: 18 th birthday if family is adopting/has adopted a sibling under the age of 16 2.Final Order in Haiti: Form I-600 filed prior to 16 th birthday for final order or sibling exception: 18 th birthday if family is adopting/has adopted a sibling under the age of 16—adoption decree can follow 3.If can’t meet age deadlines, don’t file adoption case—consider Special Immigrant Juvenile option Important to maintain valid parole status: Re-apply three months prior to expiration. See Humanitarian Parole Fact Sheet on USCIS web-site for current filing address, filing forms and fees

Resources Obtain copies of all docs in client’s CIS file (file located at either National Benefits Center (Category 1) or CIS Field Office (Category 2)) Letters sent to client from CIS, HHS/ORR addressing birth parents’ rights and agency’s consent to adoption Letter to Judges from National Council of Juvenile and Family Court Judges USCIS web-site: Humanitarian Parole Fact Sheet, Q&A: Information for U.S. citizens in the Process of Adopting a Child from Haitiwww.uscis.gov

Category One Family Procedures File I-600 prior to age deadline and I-485 with USCIS to obtain LPR card. If approved prior to child’s 18 th birthday, child is citizen. If citizenship, re-adoption not required by CIS but Check state law: foreign decree valid without re- adoption? Haiti difference: re-adoption recommended in all cases

Re-adoption Procedures Mimic procedures for other re-adoptions Post-placement visit or other requirements prior to filing Supporting documents: child’s birth certificate, foreign decree, proof of lawful admission to US (parole stamp in passport plus LPR card or COC), Letter from National Council of Juvenile and Family Court Judges, other state specific

Category Two Families Must obtain Final Order prior to 16 th birthday (sibling exception) Closest analogy might be domestic agency finalization Satisfy state post-placement visit requirements and other requirements prior to filing for finalization May need to expedite to meet age deadlines

Pleading Components: 1.Birth parents’ rights properly addressed 2.Placement was made with family by DHS/CIS in conjunction with HHS/ORR 3.HHS/ORR currently has legal custody of child 4.Demonstrate that custodial agency (HHS/ORR) has consented to the adoption 5.Use letter from National Council of Juvenile and Family Court Judges to help plead your case 6.Attach CIS Q and A to give background on birth parents’ rights and screening process for adoptive parents

Alternatives: Birth Parents’ Rights If state court judge requires more evidence that birth parents’ rights no longer viable: 1.Birth parent abandonment statute? May still require notice to birth parents 2.TPR proceeding with appropriate notice?

Alternatives: Older children Special Immigrant Juvenile Legislative Always maintain humanitarian parole status: file three months prior to expiration See CIS web-site: Humanitarian Parole Fact Sheet for current filing forms, address, fees and instructions

Alternatives: Children who came to the U.S. Early in Crisis New Letter from HHS/ORR? Special Immigrant Juvenile Parental placement case with missing birth parents