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Haiti Adoptions: Scenario #2

You are in this process if:

  • DHS paroled the child Into the United States After January 12, 2010, according to the Haitian Orphan Parole Program
  • You did not complete a full and final adoption In Haiti

adoption begin here button


If you did not complete a full and final adoption of the child in Haiti, you may obtain Permanent Resident status for your adopted child either as:

  • An orphan case (if at least one adoptive parent is a U.S. citizen) (then you must obtain a full and final adoption in Haiti, see the Orphan Process page); OR
  •  An adopted child case (if at least one adoptive parent is a U.S. citizen or alien lawfully admitted for permanent residency (see process below)

NOTE: Individuals paroled under the Haitian Orphan Parole Program may be eligible for a green card under the Help HAITI Act of 2010. Click here for more information.

Adopted Child Case

  • You may adopt the child in the United States, where allowed under the law of the State where you live

  • The child must be adopted before the child’s 16th birthday (or before the 18th birthday if the child is being adopted by the same adoptive parent of a natural sibling who qualifies/qualified as an orphan or adopted child while under the age of 16)

  • You must have legal custody of the child for 2 full years which will include any formal custody granted before the actual adoption (Health and Human Services (HHS) sponsorship is not legal custody)

  •  The child must reside with you for 2 full years (which will include time residing together before the actual adoption)

  • The child must be admissible as an immigrant

If at least one adoptive parent is a U.S. citizen:If neither adoptive parent is a citizen, but at least one is a Permanent Resident:

You must file a Form I-130, Petition for Alien Relative and I-485 together with appropriate fees. If the Form I-485 is approved, the child becomes a Permanent Resident.

If the child becomes a Permanent Resident before the child’s 18th birthday, and is residing in the United States with the citizen parent who has legal and physical custody of the child, the child will automatically become a U.S. citizen by operation of law. That parent may then file Form N-600, Application for Certificate of Citizenship or apply for a U.S. passport for evidence of their child’s U. S. citizenship.

The Permanent Resident adoptive parent must file the Form I-130 with appropriate fees, but the child will not be able to adjust to Permanent Resident status until a visa number becomes available in accordance with the Department of State Visa Bulletin in order to file Form I-485.  Your adopted child will not automatically become a U.S. citizen.

 

 


 

Last Reviewed/Updated: 01/06/2011