Haiti IBESR Advises that Haitian Intercountry Adoptions Must be Full (Plenary) UPDATED
DOS issues the following alert, found here:”Alert: IBESR Advises that Haitian Intercountry Adoptions Must be Full (Plenary)
The Department of State (Department) and the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) wish to advise U.S. prospective adoptive parents, adoptive parents, and adoption service providers (ASPs) of new information provided by the Haitian Central Authority, L’Institut du Bien-Etre Social et de Recherches (IBESR). IBESR advised that its 2013 law reforming adoptions requires that all intercountry adoptions completed after November 2013 must be completed as plenary (full) adoptions. The Department and USCIS are seeking clarification with IBESR and the appropriate courts to determine if simple adoptions already completed by U.S. citizens after November 2013may be sufficient for U.S. immigration purposes.
According to IBESR, under Haiti’s 2013 adoption law, simple adoptions may not terminate all of the birth parents’ legal rights and might be subject to revocation at the request of the birth family at any point before the child turns 18. Pursuant to information from IBESR, simple adoptions completed in Haiti may need to be converted to a plenary adoption through the Haitian conversion process in order to be sufficient for intercountry adoption. The Department and USCIS have requested additional information from IBESR.
We recognize that any delays may cause hardship and we are working to resolve this issue as quickly as possible. Once we have additional guidance from the Haitian authorities, the Department and USCIS will publish information for impacted families, if any additional steps become necessary.
For further information regarding this notice, please contact the Department’s Office of Children’s Issues via email at Adoption@state.gov. For case specific inquiries, please contact the U.S. Embassy Port-au-Prince Adoption Unit at PAPadoptions@state.gov. Please continue to monitor our website for updates on adoptions in Haiti.”
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Update: US DOS issued An Alert dated 10/22/15. See here: “Alert: Update on Haitian Intercountry Adoptions Following U.S. Government Trip to Port-au-Prince
The Department of State (Department) and the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) wish to advise U.S. prospective adoptive parents (PAPs), adoptive parents, and adoption service providers (ASPs) of new information provided by the Haitian Central Authority, L’Institut du Bien-Etre Social et de Recherches (IBESR), and the Tribunal of First Instance (Tribunal) during our trip to Port-au-Prince October 13-17, 2015.
IBESR and the Tribunal reiterated that under the 2013 Haitian adoption law, all intercountry adoptions of Haitian children completed on or after November 15, 2013, must be completed as plenary adoptions. Key information that applies to all intercountry adoptions is outlined in the attached “General Information” document.
Converting simple adoptions to plenary adoptions: We are pleased to note that fewer adoptions will need to be converted from simple to plenary than initially expected. Please see the chart and key points for detailed guidance on when an adoption will need to be converted or corrected, the necessary steps, the expected timeframe, fees, and children’s passports.
The Department, USCIS, IBESR, and the Tribunal expect that all intercountry adoptions that have not yet been finalized will be completed as plenary adoptions. U.S. PAPs and their ASPs are strongly encouraged to ensure that the court or IBESR have obtained the appropriate plenary consents before finalizing the adoption.
Cautionary note for transition cases that have not yet been matched: The Hague Adoption Convention entered into force for Haiti on April 1, 2014. Prior to that date, the Haitian and U.S. governments agreed that certain cases may proceed under the orphan process (non-Convention) even after April 1, 2014, if certain criteria are met – see the USCIS websitefor detailed criteria. Cases will be able to process as transition cases only if, before April 1, 2016, IBESR matches U.S. PAPs with a child, and the adopting family files their Form I-600 petition with USCIS while their Form I-600A approval is still valid.
The Department and USCIS caution U.S. PAPs, however, that IBESR may not be able to match all eligible PAPs who applied using the transition process with a Haitian child before April 1, 2016. IBESR is currently assessing their capacity and monthly quotas to determine how many cases they expect to be able to match by the April 1, 2016 deadline and how many additional dossiers for transition cases, if any, they will be able to accept. We will share additional information as it becomes available.
PAPs who are not able to obtain a match and file a Form I-600 on behalf of the child by the deadline may want to consider pursuing a Convention adoption and file new forms (Form I-800A and Form I-800) and submitting required documentation.
We recognize these additional delays cause hardship for children and their adoptive families. Please be assured the Department and USCIS will continue to urge that conversions be completed as smoothly and quickly as possible.
For further information regarding this notice, please contact the Department’s Office of Children’s Issues via email at Adoption@state.gov. For case specific inquiries, please contact the U.S. Embassy Port-au-Prince Adoption Unit at PAPadoptions@state.gov, the USCIS Field Office in Port-au-Prince at Haiti.USCIS@uscis.dhs.gov, or the USCIS National Benefits Center at NBC.Hague@uscis.dhs.gov. Please continue to monitor our website for updates on adoptions in Haiti.”
“Notice: Haitian Central Authority to Cease Accepting Transition Case Applications
The Department of State (Department) and the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) wish to advise U.S. prospective adoptive parents, adoptive parents, and adoption service providers of a new transition case deadline established by the Haitian Central Authority, L’Institut du Bien-Etre Social et de Recherches (IBESR). IBESR will cease accepting dossiers for U.S. transition cases on February 12, 2016. We strongly advise U.S. families who have an eligible transition case and have not yet filed their transition dossier with IBESR to file their dossier with IBESR before the February 12 deadline if they want to continue as a transition case.
The Department and USCIS remind U.S. prospective adoptive parents that IBESR may not be able to match all eligible prospective adoptive parents who applied using the transition process with a Haitian child before April 1, 2016. We will share additional information as it becomes available for families who are unable to obtain a match from IBESR and meet the transition case criteria.
The Department also alerts prospective adoptive parents residing in or traveling to Haiti to exercise caution and remain abreast of the security situation throughout the current electoral period. The Haitian government has rescheduled the final round of elections for January 24, 2016. Please see the Department’s Travel Alert for more information.
For further information regarding IBESR’s new deadline, please contact the Department’s Office of Children’s Issues via email at Adoption@state.gov. For case specific inquiries, please contact the U.S. Embassy Port-au-Prince Adoption Unit at PAPadoptions@state.gov, the USCIS Field Office in Port-au-Prince at Haiti.USCIS@uscis.dhs.gov, or the USCIS National Benefits Center at NBC.Hague@uscis.dhs.gov. Please continue to monitor our website for updates on adoptions in Haiti.”
Update 3: DOS issued an alert on 3/23/16 that can be seen here:
“Alert: Update on Filing Options for Form I-600 Petitions on behalf of Haitian Children
FILING OPTIONS FOR FORM I-600, PETITION TO CLASSIFY ORPHAN AS AN IMMEDIATE RELATIVE
If you are a U.S. prospective adoptive parent or adoption service provider with an eligible U.S. transition case, USCIS would like to remind you about these options for filing a Form I-600, Petition to Classify Orphan as an Immediate Relative:
- U.S. families do not have to travel to Haiti to submit their Form I-600 petition with USCIS Port-au-Prince. A representative may file the Form I-600 petition on their behalf, as long as:
- At least one prospective adoptive parent travels to Haiti and appears at the Embassy at some point in the adoption or visa process,
- The petition contains original signatures by the prospective adoptive parent (and spouse, if married), and
- The petition is accompanied by any appropriate fees.
- U.S. families can also file domestically with the USCIS National Benefits Center (NBC) via the USCIS Dallas Lockbox to meet the transition timeline.
USCIS Port-au-Prince is currently accepting appointments Monday–Friday to accommodate U.S. families or their representatives who would like to file their Form I-600 petition with the USCIS office in Port-au-Prince.
We understand that l’Institut du Bien-Etre Social et de Recherches (IBESR) is working diligently to match as many eligible U.S. transition cases as possible by the April 1, 2016, deadline. We also understand that if an eligible U.S. transition family receives a match from IBESR close to the deadline, it may be difficult to file a Form I-600 petition with USCIS by April 1, 2016.
USCIS will accept a Form I-600 petition filed by April 29, 2016, and allow the case to proceed as a transition (non-Convention) case, provided there is evidence the family received an official match from IBESR before April 1, 2016, and their Form I-600A approval was valid at the time the Form I-600 petition is filed.
For additional information about filing options, please see the filing instructions for Form I-600, Petition to Classify Orphan as an Immediate Relative.
IMPORTANT: USCIS will update this information if there are any changes to filing options or the transition timeline.
REMINDERS:
- To demonstrate that your case meets the criteria to proceed as a U.S. transition case, please also include evidence of the match letter made by IBESR by April 1, 2016, along with your Form I-600 petition.
- U.S. families must have a valid Form I-600A, Application for Advance Processing of an Orphan Petition, approval to file the Form I-600 petition with USCIS at the NBC or USCIS Port-au-Prince.
- Adoptive parents wanting to file their Form I-600 petition with USCIS Port-au-Prince should contact the USCIS office in Port-au-Prince to schedule an appointment to file the Form I-600 petition in person at the Embassy.
CONTACT INFORMATION:
- To schedule an appointment for you or your representative, please contact USCIS Port-au-Prince by email at USCIS.Haiti@uscis.dhs.govor by phone at 509 2229-8600 or 509 2229 8184 (from within Haiti) or 011-509-2229-8600 or 011-509-2229 8184 (from the United States).
- U.S. families may contact the USCIS National Benefits Center by email at nbc.adoptions@uscis.dhs.gov or by phone at 877-424-8374.
NOTE:
For U.S. transition families who have filed a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with USCIS, please notify the NBC if you receive an official match from IBESR while your Form I-800A application is pending adjudication. We continue to discuss with IBESR possible options to smoothly process cases for families in this scenario.”
Update 4: DOS issued an alert on 4/5/16 that can be seen here:
“Alert: IBESR Indicates Certain Transition Dossiers Pending on April 1, 2016 May Remain Transition Cases; Updates to Follow
The Department of State (Department) and the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) advise U.S. families and adoption service providers of new information provided by the Haitian Central Adoption Authority, L’Institut du Bien-Etre Social et de Recherches (IBESR). On March 31, 2016, IBESR indicated that it intends to process to completion any transition dossier filed by February 15, 2016, because IBESR has provisionally matched or plans to provisionally match, children with these specific U.S. families but final processing steps are still necessary before IBESR can issue an official referral.
Based on this IBESR announcement, the Department and USCIS believe eligible U.S. transition families that have not received an official match from IBESR by April 1, 2016 but have been provisionally matched or will be provisionally matched with a child, may still be eligible to complete their adoption processes as transition cases under the pre-Hague Adoption Convention procedures. We expect to receive additional information on these cases in the coming weeks, and will publish further information for affected families as it becomes available. IBESR reiterated their commitment to facilitating a smooth transition for families that began the intercountry adoption process in Haiti before the Hague Adoption Convention’s entry-into-force. IBESR also provided assurances that Convention adoption processing has commenced as planned and will continue while the remaining transition cases are processed.
For further information regarding this notice, please contact the Department’s Office of Children’s Issues via email at Adoption@state.gov. For Convention case-specific inquiries, please contact the U.S. Embassy Port-au-Prince’s Adoption Unit at PAPadoptions@state.gov or the USCIS National Benefits Center at NBC.Hague@uscis.dhs.gov. For case-specific inquiries involving transition cases, you may also contact the USCIS Field Office in Port-au-Prince at Haiti.USCIS@uscis.dhs.gov. Please continue to monitor our website for updates on adoptions in Haiti.”
Update 5: DOS has issued a notice on 5/24/16 seen here and pasted below:
“Notice: Haitian Central Authority to Accept ASPs’ Applications for Authorization July 4 – August 9
The Department of State (Department) wishes to advise accredited and approved U.S. adoption service providers (ASPs) of an invitation issued by the Haitian Central Authority, L’Institut du Bien-Etre Social et de Recherches (IBESR). From July 4 through August 9, 2016, IBESR will accept applications from U.S. ASPs seeking authorization or renewal of existing authorization to operate in Haiti for the next two years.
IBESR expects to publish the list of authorized ASPs in late September; it will authorize the selected ASPs to provide services in adoptions from Haiti starting October 1, 2016 through September 30, 2018. IBESR requires authorized ASPs to adhere strictly to IBESR’s quota. Information on the quota is available in the Department’s March 10 adoption alert.
IBESR’s announcement requires the following to be provided with an application for authorization. Please direct any inquiries about the items on this list to IBESR:
- Letter of Interest addressed to Madam Arielle Jeanty Villedrouin, Director General;
- Certified copy of the ASP’s articles of incorporation (official document noting the ASP’s creation);
- Certified copy of internal rules showing the ASP’s missions and objectives, administrative organization, and operations;
- Approval of the Central Authority or the competent authority of the host State authorizing the ASP to operate in Haiti, noting the period of validity;
- List of the ASP’s Board of Directors or of the Board of Management, accompanied by the curriculum vitae and a recent photo of each member;
- Certificate of absence of criminal records for each of the members of the Board of Directors;
- List of staff (salaried and volunteers) working for the ASP (names, profiles, functions/responsibilities, and number of years of experience);
- Copy of the ASP’s annual report of activities for the fiscal years 2014-2016;
- List of dossiers submitted by the ASP for the period of October 2014 to April 2016;
- Summary of expenditures incurred and committed by adoptive parents for each child adopted for the period of October 2014 to April 2016, specifying the recipients of the funds;
- Certified letter appointing the ASP’s representative in Haiti (name and surname, complete address in Haiti, electronic address, telephone number, and mandates);
- Certificate of absence of criminal records for the ASP’s representative in Haiti; and
- Curriculum vitae and photo of the ASP’s representative in Haiti.
The Department reminds U.S. prospective adoptive parents and ASPs that any currently-authorized ASPs that are not selected by IBESR in September will need to cease serving as the primary provider in adoptions from Haiti as of October 1, 2016. We strongly encourage ASPs to develop Haiti-specific contingency plans for transferring their cases to an IBESR-authorized ASP or to become supervised by one of those ASPs.
For further information regarding IBESR’s call for applications, please contact IBESR directly at ibesr01@yahoo.fr. For further information about Convention adoptions in general, please contact the Department’s Office of Children’s Issues via email at Adoption@state.gov. Please continue to monitor our website for updates on adoptions in Haiti.”
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