Vivo Law Offices LLC

On December 9, 2010, President Obama signed into law the the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010).  The law grants certain orphaned Haitian children who were in the process of being adopted by American families before last year’s earthquake permanent residency in the U.S.  Before the law was passed, these children had to wait two years before they could obtain their green cards.  The new law, however,  allows adoptive American families to apply immediately to obtain permanent residency for their adopted children which will eventually enable the children to become U.S. citizens.  Those desiring to apply for green cards under the law must file an application on or before December 9, 2013.
The following are green card eligibility requirements under the Help Haiti Act of 2010:

1. The applicant must submit Form I-485, Application to Register Permanent Residence or Adjust Status on or before December 9, 201
2. The applicant must have been inspected and paroled into the U.S. under the humanitarian parole policy issued by the Secretary of Homeland Security on January 18, 2010 and closed to new parole requests on April 15, 2010;
3. The applicant must be deemed admissible to the U.S. as an immigrant.  Visa and passport requirements are waived;
4. The applicant must be physically present in the U.S. when Form I-485 is filed AND on the date that USCIS decides his/her case.

It is important that the application be received by USCIS on or before the deadline.  Otherwise, it will be rejected.

In addition to submitting Form I-485, the applicant must pay a filing fee of $985.00, which is not waivable .  There is also a biometrics fee of $85.00 if the applicant is 14 years old or older.  Form I-693, Report of Medical Examination and Vaccination Record, completed and issued within one year of the application must be completed by a designated civil surgeon and submitted in its original sealed envelope.  A copy of the applicant’s Form I-94 card must be included along with evidence of the applicant’s identity and nationality.  Evidence of such include the applicant’s Haitian Birth Certificate and passport; their national identity document or any other documents issued by the Haitian Government verifying the applicant’s identity.  Unless specifically requested, copies of documents may be submitted with the application and any documents not in English must be accompanied by a full English translation which includes a certification from a competent translator.  Because applicants under Help Haiti are not considered “immediate relatives,” there is no requirement to submit Form I-864 Affidavit of support.  Please consult the instructions for Form I-485 for additional guidance.

For U.S. Postal Service deliveries, the application must be sent to the USCIS Phoenix Lockbox:
USCIS
PO Box 21281
Phoenix, AZ 85036

For Express or courier deliveries, the application is sent to:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034

After the application is filed, the applicant will be notified to appear for biometrics collection which will involve the taking of the applicant’s picture, signature and index fingerprint.  If the applicant is at least 14 years old, an FBI fingerprint check will be performed as well.  The information gathered from this process will be used for the creation of the green card as well as to create employment authorization and/or advance parole document.  An appointment notice will be sent if an interview is required.  If the application is approved, the applicant should receive the green card within 2 weeks after Form I-485 is approved.
Travel outside of the U.S. while the adjustment of status application is pending should not occur until the applicant requests a travel document, also known as advance parole, by filing Form I-131.  Form I-131 can be filed concurrently with the adjustment application or at anytime while the application for adjustment is pending.  The travel document should be obtained PRIOR to departing the U.S.  If not, USCIS will consider the adjustment application abandoned and the applicant will not be able to return lawfully to the U.S.

Those who obtain permanent residence under the Help Haiti Act of 2010 will be eligible for U.S. citizenship under INA Section 320 and 322 if before the applicant’s 18th birthday, he/she

1. Obtained permanent resident status under the Act AND
2. Is adopted by a U.S. citizen.

Under normal circumstances, a child must be adopted before their 16th birthday to obtain citizenship through their adoptive parents.  Help Haiti Act, however, enables children up to 18 years old to be adopted.