Late last year, the President signed the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010). The Act allows certain Haitian orphans who are paroled into the country to obtain green cards and become lawful permanent residents. However, the grant of permission to apply expires on December 9, 2013. It must be noted that the Act does not grant “citizenship” but rather permanent residency. Citizenship must be applied for separately.
In order to claim eligibility for a green card under the Help HAITI Act of 2010, the applicant must meet the following criteria:
- The applicant, or his or her immigration attorney, must properly file Form I 485, Application to Register Permanent Residence or Adjust Status, with the appropriate filing fee, on or before December 9, 2013.
- The applicant must be inspected and paroled into the country under the humanitarian parole policy announced by the Secretary of Homeland Security on January 18, 2010, and closed to new parole requests on April 15, 2010.
- Be otherwise admissible to the United States as an immigrant, (however, the normal visa and passport requirements are waived).
- Actually be inside the United States when I-485 is filed and also on the date that the immigration service adjudicates the case.
While it is not a must that a U.S. citizen has adopted the Haitian parolee in order for the Haitian parolee to qualify for permanent residency under the Help HAITI Act of 2010. But, adoption by a U.S. citizen is necessary for the Haitian parolee to obtain automatic citizenship under section 320 of the INA.
It is imperative that the petition is filed on or before December 9, 2013. If the application is received after that date, it will absolutely be rejected. Any filing fee you send will be refunded.