U.S. Immigration Attorney
John A. Nicelli
225-Broadway N.Y.C., N.Y. 
10007
Phone: 212-227-8020 
Fax: 212-227-8175
E-mail:JohnNicelli@aol.com

Mon.-Fri. 9:00am-5:00pm        
Sat.-9:30am-1:00pm                          

ADOPTION
 
                                                                  
Each year, thousands of U.S. Citizens adopt children from overseas. This is known as an intercountry adoption. Adopting a child from another country is often a complicated journey. We will define the process and provide information to help you make informed decisions for you and your family.

Before You Start:
We encourage you to familiarize yourself with each adoption process, as there are important differences. An adoption agency will be able to help you arrange an adoption placement, but cannot represent you before USCIS or advise you on the legal aspects of your child’s immigration. If you want representation with adoption proceedings, you may want to consider an attorney. Get Immigration Help from a Licensed Professional John A.Nicelli. You are welcome to schedule a consultation, Please click here:  CONTACT US     Fill out the form and call us.  (212) 227-8020.

USCIS - The situation in Haiti,
Responds with a new information update:
On February 23, 2010, U.S. Citizenship and Immigration Services released: 
Questions and Answers: Information for Adoptive Parents of Paroled Haitian Orphans
(Obtaining Lawful Permanent Residence (LPR) Status and U.S. Citizenship), this contains the
 "Next Steps for Obtaining LPR Status". Shown below
 
If you are unable to locate an answer to your adoption questions after reviewing our website,
please call John A.Nicelli Esq. (212) 227-8020 or you can fill out our form to schedule a 
consultation, CLICK HERE:  FORM


U.S. Citizenship and Immigration Services
has published information on How to Schedule An
Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince.  For further
information click here:  SCHEDULE

In response to the situation in Haiti, USCIS will continue to offer expanded live assistance hours,
however, this service will be modified to  8AM - 8PM  Local time Monday through Friday.
 Last updated: (USCIS - Feb.26, 2010).

How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in
Port au Prince


Introduction
In response to the Jan. 12, 2010 earthquake in Haiti, U.S. Citizenship and Immigration Services
(USCIS) is actively screening Haitian children for possible humanitarian parole if they fit into one
of two special categories authorized by Department of Homeland Security Secretary Napolitano
on Jan. 18, 2010. The specialized categories only apply to Haitian children who were adopted or
were in the process of being adopted by American families prior to Jan.12. For additional
information on the eligibility criteria for both categories, please review the "Information for
U.S. Citizens in the process of adopting a child from Haiti", summarized  below.

• Children being adopted by Americans who have been legally confirmed as orphans eligible for
intercountry adoption by the Government of Haiti (GOH), through an adoption decree or custody
grant.

Evidence of availability for adoption must include at least one of the following:

• Full and final Haitian adoption decree
• GOH Custody grant to prospective adoptive parents for emigration and adoption
• Secondary evidence of either of the adoption or custody decree

Evidence of suitability must include one of the following:
• Approved Form I-600A
• Current FBI fingerprints and security background check
• Physical custody in Haiti plus security background clearance

Children previously identified by an Adoption Service Provider (ASP) or an intercountry adoption
facilitator and matched to an American prospective adoptive parents.

Evidence of a relationship between the prospective adoptive parents and the child and evidence
of the parents' intention to complete the adoption. Evidence may include:

• Proof of travel by the prospective adoptive parents to Haiti to visit the child
• Photos of the child and prospective adoptive parents together
• ASP "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 and/or Form I-600,
completed a home study, located an ASP to work with in Haiti, etc.)
• Evidence of the child's availability for adoption. Evidence may include:

• IBESR (Haitian Adoption Authority) approval
• Legal relinquishment or award of custody to the Haitian orphanage
• Secondary evidence of the above (e.g. e-mail correspondence, copies, ASP correspondence
• Evidence of suitability must include one of the following:

• Approved Form I-600A OR
• Current FBI/FP and security background clearances

If you have eligible children for this program, please follow the instructions below on how to
schedule an appointment for an orphan screening.

Adoptive Parent(s) in the United States

We encourage you to work closely with your Adoption Service Provider if you have one since we
frequently provide updated information to them. We strongly discourage parents from traveling
to Haiti on their own.

To request an appointment for an orphan screening at the U.S. Embassy in Port au Prince, contact
us at
HaitianAdoptions@dhs.gov. To ensure your request is processed correctly please follow the
instructions below:

1. In the subject line of your email type: "APPOINTMENT REQUEST," Your surname and the name
of the orphanage
2. In the body of the e-mail be sure to include:
• Your child's full name
• Your child's date of birth
• Any information you believe we should have in regard to the child's vulnerability
 (e.g. the child is ill, has special needs, is particularly vulnerable)
• The name and location of the orphanage where your child is living
• A point of contact for the orphanage (either in the United States or Haiti)

Please note that your child is likely to be scheduled as part of a larger group, so your response
from us may refer to that group as well as to your child. Scheduling all eligible children from a
given orphanage together is safer for the children, as they will be able to travel together to the
embassy, and ultimately depart from Haiti as a group since all will be authorized and issued their
documentation at the same time.

USCIS is actively reaching out to all Haitian orphanages that we are aware of in an effort to
schedule appointments. If you know that USCIS is already working with your orphanage, it is not
necessary for you to request an appointment, although you are free to do so.

Adoptive Parent(s) in Haiti with Your Adoptive Child(ren)

If you have access to the Internet, please send an e-mail to HaitianAdoptions@dhs.gov.
To ensure that your request is processed correctly, please follow the instructions below
:

1.In the subject line of your email type: "URGENT -- ADOPTIVE PARENT IN HAITI"
2.In the body of the e-mail be sure to include:
• Your full name
• Your home address
• Your child's name
• Your child's date of birth
• Information about how to best contact you
We will make every effort to reply to your message promptly with instructions on when to go to
the embassy. You are more likely to get into the embassy and processed quickly if you email us
to make the appointment.

• It is extremely important that you bring all available adoption documents, identity documents and current photos of your child.

If you cannot e-mail us in advance, you may proceed directly to the embassy with your child and
identify yourself to the guards as an adoptive parent with an orphan child in need of orphan

screening at the USCIS Field Office. Although the embassy guards have been instructed to bring
all such cases immediately to the front of the line and admit them into the embassy, it may be
very difficult for you to gain access, particularly if we are unaware that you are coming. You may
also have to make several visits or wait for long periods of time, depending on the information
we have available about your case.

USCIS is actively reaching out to all Haitian orphanages that we are aware of in an effort to
schedule appointments. If you know that USCIS is already working with your orphanage, it is not
necessary for you to request an appointment, although you are free to do so.

Orphanage Directors or Other Individuals Caring for Orphan Children

The embassy is scheduling appointments in advance in an effort to pre-process groups of cases.
This will allow all children who are eligible in a particular orphanage to be screened at the same
time and will only require one trip to the embassy for physical identification. Do not try to enter
the embassy without first arranging an appointment, as you may be turned away.

To request an appointment for orphan screenings at the U.S. Embassy in Port au Prince,
contact us at
HaitianAdoptions@dhs.gov. To ensure your request is processed correctly please
follow the instructions below:

1. In the subject line of your email type: "ORPHANAGE SEEKING APPOINTMENT"
2. In the body of the e-mail be sure to include:
• A list of the children in your care with their dates of birth
• Name(s) of the children's adoptive parent(s)
• Contact information for the children's adoptive parents (addresses and e-mail addresses)
• Status of the each child's case (e.g. pre-IBESR, MOI, etc.)
• Your contact information (phone number, email, through a U.S. contact, etc.)
If you do not have all the information requested above, provide as much as possible.

USCIS will respond by informing you of your appointment time. Only the orphanage director or
other responsible adults should appear for the initial appointment. Bring all available adoption
and identity documentation for each child who will be screened as well as current photos if
available.

The children will need to be seen at the embassy for physical identification after the cases have
been vetted and prior to issuance of the travel documentation. You should only bring the children
to the embassy when instructed to do so by USCIS or the U.S. Embassy.

NOTE: We are aware that some orphanages are located a long way from the U.S. Embassy in
Port au Prince. We are currently considering how we might make processing available in remote
locations, and will provide further information on this at a later time.
 Last updated(USCIS - Feb.23,2010)

Questions & Answers: Information for Adoptive Parents of Paroled Haitian Orphans

Introduction:
Under normal circumstances, a child immigrating to the United States from Haiti as the adopted
orphan child of a U.S. citizen is adopted before leaving Haiti, and is then admitted to the
United States with an immigrant visa for Lawful Permanent Residence (LPR) status. The adopted
child then acquires citizenship upon entry as specified in section 320 of the Immigration and
Nationality Act (INA).

In light of the devastating earthquakes in Haiti, the Secretary of the Department of Homeland
Security authorized Haitian children, who were adopted or were in the process of being adopted
by American families prior to the earthquake, to be paroled into the United States.
• Category 1- parolees are Haitian orphans who were already legally adopted in Haiti.
• Category 2- parolees are certain Haitian orphans whose cases had not yet resulted in final
adoptions. You may find more information about the parole policy on USCIS' Haiti Earthquake
Response page at
www.USCIS.gov.

To determine what steps to take next, it is most important to understand where you were in the
adoption process in Haiti, regardless of the category you believe your child fell within at the time
of parole. The following is provided for informational purposes to U.S. citizen adoptive parents
and prospective adoptive parents.

Questions & Answers

Q1.  Are there any additional requirements from the Haitian government that I should be aware
of during this process?
A1.  The U.S. Department of State (DOS) is working closely with the Haitian government regarding
the Haitian children, who were identified and matched for adoption by U.S. citizens before the
earthquake, and who entered the United States under the special humanitarian parole program
for those children. The DOS will inform adoptive parents on the Web page, www.adoption.state.gov, of any requests the Haitian government makes concerning these children and their adoption by U.S. parents. For example, the DOS understands that the Haitian government may want adoptive parents to complete the Haitian adoption process at some point in the future. In addition, the Haitian
government may wish that adoptive parents complete post-adoption reports about their adoptive
children. We are seeking details on these and any other requests from the Haitian government.
We strongly encourage adoptive parents to fulfill any such requests. Failure to respond appropriately could have an adverse impact on future adoptions from Haiti as well as other countries.

Q2.  What if I had already filed a Form I-600 for my child?
A2. 
As indicated in the table above, if you have adopted the child in Haiti, and the child qualifies
 as an “orphan” as defined in section 101(b)(1)(F) of the INA, the Form I-600 may be approved,
even after the parole of the child into the United States. If you have filed Form I-600 for a child
who has been adopted in Haiti and it is approved or pending, you may file Form I-485 with
USCIS. However, if you are not able to complete an adoption in Haiti, and you decide to adopt the child in the United States instead, you will still need to file a Form I-130 and Form I-485 in order for
the child to immigrate as your adopted child based on your adoption of the child in the United States,  provided all of the relevant requirements are met.

Q3.  Why is the age of my adoptive child important?
A3. 
For a Form I-130 case, U.S. immigration law requires that the child must be adopted before
his or her 16th birthday. For a Form I-600 case, U.S. immigration law provides that the
Form I-600 must be filed before the child’s 16th birthday.

•The only exception to this is for a child whom you adopted or filed a Form I-600 for after his or
her 16th birthday but before his or her 18th birthday, if:
•The child is the birth sibling of another child who you legally adopted, if you adopted or filed a
Form I-600 for the birth sibling before his or her 16th birthday, and
•The birth sibling obtained LPR status in the United States based on adoption by you.
Q4.  My adopted Haitian child entered the United States with an immigrant visa. Do I need to do anything else in order for my child to obtain evidence of U.S. citizenship?
A4.  This depends on how your child was admitted to the United States.

• If your adopted child was admitted to the United States with an immigrant visa, he/she became
a lawful permanent resident upon admission to the United States.
• If your child was admitted with an IR-3 immigrant visa, your child should receive a Certificate
of Citizenship soon after admission.
• If your child was admitted with an IR-4 immigrant visa, you must complete the adoption process
in the United States and file a Form N-600 if you wish to obtain a Certificate of Citizenship or
apply for a U.S. passport for your child.
• If your adoptive child was admitted with an IR-2 visa(which is extremely rare), you may file a
Form N-600 to obtain a Certificate of Citizenship or apply for a U.S. passport for your child.

Q5.  My adoptive child’s period of humanitarian parole will expire before the child acquires LPR
 status. What do I need to do?
A5.  The expiration date for your child’s parole is shown on the DHS Form I-94, issued upon the
child’s arrival in the United States. If your child’s humanitarian parole is going to expire before the child acquires LPR status, you should apply for an extension of your child’s humanitarian parole. Be sure to file the extension application before the period of parole expires. This is important because any lapse in your child’s lawful immigration status could affect future applications. 

To apply for an extension of parole with USCIS you must:

• File an Application for Travel Document, (Form I-131), and on the first page write
 'EXTENSION REQUEST' in big, bold letters,
• Include the filing fee,
• File an Affidavit of Support (Form I-134),
• Include current supporting documentation, and
• Include a copy of your Form I-94, Arrival/Departure Record, which your child was issued upon
 parole into the United States.
You must submit requests for extensions of parole to USCIS at the following address:

Department of Homeland Security/USCIS
Attn: Chief, Parole Branch
20 Massachusetts Avenue, NW Suite 3300
Washington, DC 20529-2100

USCIS recommends that you file for an extension of parole at least 30 days (and up to 120 days)
before the expiration date on your Form I-94, Arrival/Departure Record.

Q6.  When can my adoptive child travel outside the United States?
A6.  Your child may travel outside the United States after the Form I-485 or N-600 is approved,
 and your child has received his or her permanent resident card or Certificate of Citizenship.
Once your child is a citizen, he/she may need to obtain a passport to travel abroad and return to
 the United States.

Before the Form I-485 is approved, your child may travel if you file a form I-131, Application for
Travel Document, and your child has received the advance parole document, which may be used
as a travel document for return travel to the United States.

Remember to check the CBP Web site, www.cbp.gov to determine what other documents your
child will need to return to the United States.

You should also find out what documents any foreign country may require your child to have,
such as a passport or visa, to enter and leave that country.

Q7.  Where can I get the forms mentioned above?
A7.  All USCIS forms are available for free download at http://www.USCIS.gov/forms. Individuals
may also call the toll-free USCIS forms hotline, (800) 870-3676. Last updated: (USCIS - Feb.26,2010)

Intercountry Adoption

Laws
The intercountry adoption process is governed by three different sets of laws:
• U.S. federal law
• The laws of the child’s country of birth.
• The laws of where you reside (U.S. state/territory or foreign country).

Which Process is For You?
There are three processes for adopting a child internationally.
Two separate processes apply only to children adopted by U.S. citizens.

Orphan (Non-Hague)
This process applies to a U.S. citizen or Permanent Resident who may petition for his/her adoptive child through an Immediate Relative Petition. Depending on what country you choose to adopt from will determine which process you will adopt by.

Immigrating Other Adopted Children.
Home Studies
Home studies are very important to the intercountry adoption process.
What is a home study?
Who can conduct a home study?
What are the home study requirements?
When to Contact Us
We are committed to deciding cases as promptly as possible.  If your case has not been decided within the regular processing time, you should contact us. See the USCIS Adoptions Contact Information” go to
http://www.uscis.gov/portal/site/uscis type adoption in the search box.

Hague Home Study Guidelines:

Home Study Preparer

Only an individual or entity defined as a home study preparer for Hague Convention cases may complete a home study for a Hague adoption.
 

If the home study is conducted in the United States, the preparer must hold whatever license or authorization the law of that State requires of practicing home study preparers.  However, if the home study is conducted outside the United States, the preparer must hold any license or authorization required to conduct home studies under the law of that country.

If the adoption service provider who prepares home studies abroad is also engaged in the provision of any adoption services in the United States, the adoption service provider must also be authorized or licensed to do so in any State in which the adoption service provider practices
 (see 8 CFR 204.301).

A home study preparer means an entity (whether an individual or an agency) that is authorized to conduct home studies for Hague adoption cases and includes:

A public domestic authority

An accredited agency

An approved person

A supervised provider

An exempted provider

Someone (if not a public domestic authority) who holds any license or other authorization required to conduct adoption home studies under the law of the jurisdiction in which the home study is conducted (see 22 CFR 96 and 8 CFR 204.301)

After the Adoption
The process does not stop with the adoption. Make sure you understand citizenship requirements and how to obtain documentation of citizenship. Click here: "
CITIZENSHIP"

USCIS
is Responsible For:
Determining the eligibility and suitability of the Prospective Adoptive Parents (Individuals) looking to adopt.
Determining the eligibility of the child to immigrate to the United States
.

Country Information
 
The conditions in the country from which you choose to adopt will dictate the process of your adoption. Understanding the procedures in the different countries is an important part of selecting which country to adopt from.
Due to conditions in the following countries, case processing has been severely impacted.

China
China Center of Adoption Affairs (CCAA) has announced that all prospective adoptive families will be required to work with a U.S. Hague accredited adoption service provider for both transition cases and Convention cases beginning December 1, 2009.  This will require all families to work with an agency that is both U.S. Hague  accredited and a CCAA-licensed agency for both transition cases and Convention cases for all steps in the intercountry adoption process.  In order to facilitate this transition, CCAA has indicated that each non-accredited agency will be required to choose an accredited agency and transfer all remaining cases to that agency no later than December 1, 2009.  This information will in turn be provided to CCAA.  If an agency chooses not to turn over their files to an accredited agency, CCAA has indicated they will terminate the processing of those documents.
Prospective adoptive parents grandfathered under the orphan process will not be required by USCIS to obtain an updated home study based on this change in service provider.  All cases grandfathered under the orphan process (I-600 process) transferred to a Hague accredited agency and a CCAA-licensed agency will continue to be processed in accordance with U.S. immigration regulations for orphan adoptions. 

Vietnam
In June 2005, the United States and Vietnam concluded a bilateral agreement on intercountry adoption. This agreement expired September 1, 2008. Until a new bilateral agreement is reached, USCIS and the Department of State (DOS) determined it is in the best interest of children and families to not process any new Vietnam adoption cases filed after September 1, 2008.
The United States continues to strongly support the Vietnamese government’s efforts to establish an appropriate child adoption system with sound safeguards and protections for children and families. We cannot predict when a new bilateral adoption agreement with adequate safeguards for all parties will be concluded.  

Guatemala
Guatemala is a party to the Hague Intercountry Adoption Convention. DOS determined that Guatemala is currently not meeting its obligations under the Convention. For this reason, DOS Consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration at this time.
In light of the inability to complete the immigration process for Hague cases, prospective adoptive parents are strongly urged not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Guatemala as the country from which they intend to adopt.
 

Cambodia
Cambodia is a party to the Hague Intercountry Adoption Convention. DOS determined that Cambodia is currently not meeting its obligations under the Convention. For this reason, DOS Consular officers cannot issue the required Hague Adoption Certificate or Hague Custody Declaration at this time.
In light of the inability to complete the immigration process for Hague cases, prospective adoptive parents are strongly urged not to file Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, identifying Cambodia as the country from which they intend to adopt.
Additionally, the United States suspended orphan visa petition processing in Cambodia on December 21, 2001, due to the inability to verify that any particular Cambodian child is an “orphan” as defined in U.S. immigration law. It is important to note that this suspension remains in effect for any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed prior to April 1, 2008.

USCIS Centralizes Processing of Orphan Adoptions Change will Streamline Processing:

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced that on 
April 1, 2010, it is centralizing processing and adjudication of all new orphan (Non-Hague)
petitions with the agency’s specialized adoptions team in Missouri.

Prospective adoptive parents will continue to file their Petition to Classify Orphan as an Immediate
Relative (Form I 600) and Application for Advance Processing of Orphan Petition (Form I 600A)
with USCIS Dallas Lockbox facility. The Lockbox will forward the case to the Orphan Unit at USCIS National Benefit Center (NBC) for processing and adjudication. The applicant will receive a  receipt notice with the NBC address and contact information for follow-up correspondence.

While this takes place behind the scenes, adoptive parents will benefit because it allows USCIS  to:

Process applications and petitions more efficiently,
Streamline and standardize work processes, and
Offer more consistent service.
Parents will also benefit from the specialized skills and experience of the NBC Non-Hague
Adoption Unit, based on the NBC’s implementation of the USCIS Hague Adoption Convention
program in 2008.

USCIS has dedicated a toll-free NBC Adoption telephone line, 1-877-424-8374 and published an
Orphan Home Study Tip sheet (Form M-760) to aid adoption service providers and prospective
adoptive parents.

Local USCIS field offices in the United States will continue to accept requests for extensions and
change of circumstances for approved Form I-600A applications in accordance with the current
filing instructions.  Overseas U.S. citizens may continue to file Form I-600 at a U.S. Embassy,
consulate or USCIS office abroad that has jurisdiction to accept the petition. However, in order
to file a Form I-600 petition abroad, the petitioner must have an approved Form I-600A and be
physically present in the adoptive child’s country.
Prospective parents who reside abroad may continue to file the Form I-600A with an overseas USCIS office or the Dallas Lockbox facility.
  Last updated  (USCIS - Mar.16,2010)

Haiti
For more information about U.S. citizens in the process of adopting a child from Haiti,
please read the following information:

Questions & Answers:
Information for U.S. Citizens in the process of adopting a child from Haiti

Introduction
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens that have adopted a child or are in the process of adopting a child from Haiti prior to Jan. 12, 2010.

Questions and Answers
QI am in the process of adopting a child from Haiti, what can I do to bring the child to the
      United States?
ADepartment of Homeland Security (DHS) Secretary Janet Napolitano has authorized the use  
     of  humanitarian parole for the following categories of orphans in Haiti:

Category 1 Cases
Description Children being adopted by U.S. citizens prior to Jan. 12, 2010, who have been legally confirmed as orphans available for inter-country adoption by the Government of Haiti (GOH) through an adoption decree or custody grant to suitable U.S. citizen adoptive parents.

Required Criteria
Evidence of availability for adoption MUST include at least one of the following:
Full and final Haitian adoption decree; or GOH custody grant to prospective adoptive parents
for emigration and adoption; or Secondary evidence in place of the above.
 
• Evidence of suitability MUST include one of the following:
Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
Current FBI fingerprints and security background check; or Physical custody in Haiti plus a security background check.  Please note, some of the children in this category will receive immigrant visas and others will receive humanitarian
parole, depending on the completeness of the cases. Those who enter with immigrant visas will enter as aliens lawfully admitted for permanent residence. Those who enter with humanitarian parole will need to have their immigration status finalized after arrival through an application for adjustment of status.

Category 2 Cases
Description Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria
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;
• Photos of the child and
prospective adoptive parents together;
• An Adoption Service Provider (ASP) “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, etc.)

• Evidence of the child’s availability for adoption, which would include the following:

IBESR (Haitian Adoption Authority) approval;
Documentation of legal relinquishment or award of custody to the Haitian orphanage;
Secondary evidence in place of the above.
• Evidence of suitability MUST include one of the following:

Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
Current FBI fingerprints and security background check. If the child you have adopted or are adopting meets these criteria, please send U.S. Citizenship and Immigration Services (USCIS) detailed information about the adoption case at: HaitianAdoptions @@ dhs.gov  This e-mail address is dedicated to collecting information about adoption cases
still pending in Haiti.
Please include the name of the prospective adoptive parent in the subject line of the e-mail. Once we have your information, we will contact you with further information.
 
Q.  How do I request Humanitarian Parole for the child I am in the process of adopting?
A.  If you want to request humanitarian parole for a specific child you are in the process of adopting from Haiti, please send the request to  HaitianAdoptions @@ dhs.gov  
Please include the name of the prospective adoptive parent in the subject line of the e-mail. You do not need to file Form I-131 or submit a fee for these cases.

Q.  If parole is authorized, how will my child get out of Haiti?
A.  The Department of State and Department of Homeland Security are coordinating the transport of Haitian orphans with approved travel documents to ensure their safe arrival into the U.S.  Currently, children are traveling by both military and private aircraft. We urge families not to make individual arrangements and to assist us in coordinating with the orphanages on the ground.  To obtain more information on the process for
 scheduling appointments for Orphan Screening at the U.S. Embassy in Port-au-Prince
Orphanage directors should first schedule an appointment before taking their group of children to the Embassy for processing. Individuals or groups that appear at the Embassy without prior coordination may be turned away.

Q.  If humanitarian parole is authorized, may I travel to pick up a specific child?
A.  The Department of State (
DOS) Travel Warning urges U.S. citizens to avoid travel to Haiti. Communications and transportation in Haiti are extremely limited and nearly all available resources are dedicated to the immediate search and rescue of Haitians. Updates to the DOS travel warnings for Haiti are available online.
Once a child receives a visa or is authorized for humanitarian parole, we encourage you to work with your U.S.adoption agency and the orphanage staff in Haiti to identify an escort to bring the child to the United States. Should you intend to travel to Haiti, USCIS strongly urges you to contact USCIS through Haitianadoptions @@ dhs.gov  before traveling to ensure that all the paperwork necessary for your child to be paroled into the U.S. has been completed and that, if you have not been fingerprinted, you are fingerprinted in the U.S. Getting fingerprinted in Haiti may delay the processing of your case.

Q.  Many documents were destroyed in the earthquake. What kind of secondary evidence can be submitted in the place of primary documents?
A.  Secondary evidence may include, but is not limited to, copies of records or correspondence referring to the existence of the destroyed or missing document, as maintained by an Adoption Service Provider or the  prospective adoptive family, as well as affidavits of individuals with knowledge of the document or event.

Q.  I am a prospective adoptive parent in the process of adopting a child in Haiti, but the adoption was not finalized prior to the earthquake. If DHS authorizes humanitarian parole for a child who was not legally adopted in Haiti, how will I obtain the legal authority to take the child into my home?
A:  If you received an order from the Government of Haiti granting custody of the child to you, then the child may be paroled into your custody upon verification of the order, your identity and that of the child after the child’s  arrival in the United States.

If you have not received a formal order granting you custody from the Government of Haiti, then the child may be placed in your care but some additional procedures must be followed first. These procedures are intended to protect children and ensure that those without final adoptions are placed with families that are able to care for them. These additional procedures may take a little time, but they are critical for keeping children safe. Children who cannot be placed with prospective adoptive parents will be well cared for. The Office of Refugee Resettlement (ORR) within the Department of Health and Human Services (HHS) has contracts with organizations around the country to care for unaccompanied children who are not U.S. citizens. For more  information on this process, please review Information for Prospective Adoptive Parents available on the U.S. Dept. of Health and Human Services website.

Whether you become a sponsor or not, you will need to adopt the child under the adoption laws of your place of residence in order for the child to acquire permanent residence in the United States.  More information regarding the process for finalizing the adoption in the U.S. will be provided on the USCIS website once available.  If your child is over the age of 14, please contact us immediately by forwarding an email to http://adoption.state.gov/news/Haiti.html
 
To ensure that your request is processed correctly, please follow the instructions below:

1. In the subject line of your email type: "Child in U.S. – Over age 14"
2. In the body of the e-mail be sure to include:

Your full name
Your home address
Your child's name
Your child's date of birth
Information about how to best contact you

Q.  I am a prospective adoptive parent in the process of adopting a child from Haiti. What should I  
do if my Fingerprint Clearance has expired?
A.  USCIS will review each prospective adoptive parent’s request for humanitarian parole on a case-by-case basis. If we determine that your fingerprint clearance(s) has expired, you do not need to take any action.USCIS will electronically rerun your prints. (Please do not send a request for updated fingerprints). 
 If you have not been fingerprinted by USCIS at any stage of your adoption process, please send an e-mail message to click here: http://adoption.state.gov/news/Haiti.html  and we will arrange a fingerprint appointment for you. Please include “FP Request” in the subject line of the e-mail.

Q.  Is there any other way I can help orphans in Haiti?
A.  We understand that some Americans want to respond by offering to open their homes. We certainly appreciate this generous impulse, but note that it can be extremely difficult to determine whether children are
truly orphans. Children may be temporarily separated from their parents or other family members, and their parents or other relatives may be looking for them. In the first instance, we believe it is most important to focus on re-uniting separated children with their relatives. Some individuals may wish to assist by contributing to a reputable relief or humanitarian organization working in that country.

Q.  I have heard the Government of Haiti has stopped allowing orphans to leave Haiti. What will happen to my child if I am still in the process of adoption?
A.  The United States government is working closely with the Government of Haiti to establish an efficient and transparent procedure to allow eligible children to depart quickly while also ensuring the best possible protection of unaccompanied and separated children.

The government of Haiti has not stopped allowing orphans to leave Haiti. USCIS is continuing to process cases that meet the DHS Secretary’s criteria for category 1 and 2, however we are unable to issue travel letters for each child to depart until we receive approval from the Government of Haiti (GOH). Once approval is received, we are able to issue travel documents to authorized children.  

Q. Once the children in an orphanage have been screened, and evaluated, should the orphanage director bring the children to the U.S. Embassy?
A. We recommend against attempting to enter the U.S. Embassy, particularly with a group of children, without  first scheduling an appointment in advance. There is a possibility that you may be turned away and scheduled to come back another day.

USCIS is proactively scheduling appointments at the U.S. Embassy in Port-au-Prince to screen Haitian children who were adopted or were in the process of being adopted by U.S. citizens prior to the January 12 earthquake. Whenever possible, we will schedule all children from the same orphanage/facility, at the same time.

To obtain more information on the process, please review the How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince fact sheet at www.uscis.gov

Q. What are the medical screening requirements for adopted children from Haiti?
A.  Before internationally adopted children come to the United States, they are usually required to go through a medical exam. However, due to the lack of available medical screening facilities and the burden of emergent  medical needs in Haiti as a result of the January 12 earthquake, we anticipate that many children arriving as humanitarian parolees will not have completed their medical exams before they depart Haiti. Medical examinations are not required as a part of the humanitarian parole program.

As a result, it is important that all arriving adoptive children from Haiti undergo a medical screening process  soon after arrival to screen for infectious diseases and other general health concerns. Additional guidance regarding medical exams for adopted children from Haiti is available from the Department of Heath and Human Services, Centers for Prevention and Disease Control Web: Information on Haiti Earthquake.   
 
Q. If my child is traveling from Haiti, are there any specific provisions I should know when he or she arrives in the United States?
A. 
Please note that a U.S. Customs and Border Protection (CBP) officer must inspect all individuals traveling to the United States when they arrive at a port of entry.  For more information on the process for obtaining the  legal authority to take into your home your child or the child you are in the process of adopting, please review the questions above or the Information for Prospective Adoptive Parents available on the U.S. Dept. of Health  and Human Services (HHS) website.

Q. I submitted the original adoption decree and other documents to the USCIS field office in Port-au-Prince. How do I get these documents back after my child arrives in the United States?
A. To request the return of original documents submitted to establish eligibility for an immigration benefit, please fill out Form G-884, “Return of Original Documents,” which is available to download from the forms section on USCIS’ Web, click here:  http://www.uscis.gov/forms
.
Last updated (USCIS - Feb.04,2010) 

You are welcome to schedule a consultation, Please click here:  CONTACT US   
Fill out the form and call us.  (212) 227-8020.

ADOPTION


VISIT OUR OTHER PAGES, CLICK ON THE WORDS ON THE TABS AT THE TOP OF ANY PAGE TO VIEW ALL THE DIFFERENT TOPICS LISTED ON THIS WEBSITE.

John A.Nicelli
225 - Broadway Suite 1040
New York, N.Y. 10007 .
Our office is conveniently located in Downtown New York (Financial District) in close proximity to 10 major subway lines, Path Train, Staten Island Ferry, and the  Holland Tunnel. CLICK HERE:
DIRECTIONS

 
Protect Yourself and Your Family:
Get Immigration Help from a Licensed Professional:
 John A.Nicelli Esq.
 
A NAME YOU CAN TRUST.           
 John A.Nicelli Esq.
  "There is no excuse for Failure".
Web Hosting Companies