Because of the devastating earthquake in Haiti, the United States government modified some of its usual procedures for admitting orphans into the U.S. Haitian children, who were adopted or in the process of being adopted, were allowed into the United States under what is called humanitarian parole.
These children have left Haiti with varying amounts of paperwork. They fall into three main groups:
Category 1:
Children in this category have all the necessary paperwork for adoption. They have been legally confirmed as orphans eligible for intercountry adoption by the Government of Haiti and were in the process of being adopted by Americans prior to Jan. 12, 2010.
The U.S. government says the evidence of availability for adoption 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.
The parents must also present evidence of suitability for adoption, including 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 in this category were in the process of being adopted. But their adoption had not been completed before the earthquake. These children had been identified by an adoption service provider as eligible for adoption and matched to prospective parents. prior to Jan. 12, 2010.
There must be "significant evidence of a relationship between the prospective adoptive parents and the child AND of the parents’ intention to complete the adoption". This could include:
- 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.
The child must be considered an orphan and eligible for adoption by the governments of Haiti and the United States.
Other Children:
A third group of children lack sufficient paperwork to qualify for the first two categories.
If any of these situations describes your newest family member, please contact the Law Office of Jody Marten to see how she can help you and your child with the immigration process.
More information about adopting orphans from Haiti
Haitian Adoptions:
Immigration Forms:
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