Wednesday, February 24, 2010

Haiti Adoptions: USCIS FAQ's

I am posting this because I wanted to share with friends and family where things stand on the adoption of Samuel...  I think many people think we are "in the clear" and moving forward with processing the adoption.  Unfortunately that isn't the case and it honestly is feeling like we have a long way to go.  I am HONESTLY trying to stay positive and just channel my frustration toward making a difference (and at least having the "adoptive parent voice" be heard.)  I think we learned how important it is not be afraid to stand up for what you think is "truly right." 

This being said - we have Samuel at home, with us... and nothing will ever take these moments away!  Having him home almost 9 months sooner than we anticipated has been an honest miracle and we do not take that lightly!  We just want to close the chapter and know he is our son - for good!  Right now I am not sure what we are according to the US government.  And the only ID we have for him looks like a paper coffee punch card (not kidding!)
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The USCIS (citizenship and immigration) issued a 5-page FAQ, outlining next steps for legalizing adoptions.  They also hosted another conference call for agencies and adoptive parents.  I guess I was hopeful when I saw the documents arrive in my inbox – thinking that may the US government had worked out special provisions for these Haitian children and their families.  I have been trying to be so positive that the US government would "do the right thing" and create a special category and grant citizenship for those children who have proof of being far enough along in the adoption process.

We are working with our adoption agency, who is having their attorneys review the details.  We have also contacted a senator's office.  And Joe and I are now thinking we will need to contact an immigration lawyer.  Which means more financial burdens, more paperwork follow-ups and more battles to fight.  It's not that we won't fight – I think all of you out there know we will do WHATEVER IT TAKES for Samuel (we have come this far and we aren't about to stop now!)  ☺

But it's like the nightmare just keeps going…  and we have to be our own advocate (and use other parents to check and verify our hunches..)  It's like we are playing a game but the directions weren't included in the box.  And even the experts don't have the answers because the rules keep changing on us.  You know those times when the insurance gets your info wrong and you have to spend hours trying to fix something you didn't break?  Well multiply that feeling by 1000 and you get the idea…

And not that I am an expert, because I am hoping someone tells me I have the facts wrong and all will be just fine!

So here is the summary of where things stand:

OPTION ONE:
We have the option to wait and go through legalization in Haiti ("Orphan Case")  However, as we all know, Haiti is shut-down.  This seems unreasonable and it puts the onus & stress right back on the adoptive families.  The US government actually states that we may have to take them back to Haiti to finish the process.

OPTION TWO:
We need to wait 2 years if we want to use the US process (Petition for Alien Relative.)  However, our Humanitarian Parole WILL expire before it is possible to go through these steps.   So my frustration with this is that the US government should automatically just extend all of the Haitian Adoption Humanitarian Paroles, as this will be required.  Why wait and then create more work for the government later on - they are going to have hundreds of families who require this.  As well, the need for an extension will make the parents liable for more "filing fees."

There are also additional issues:
-       Not being able to comfortable travel out of the country with our children for two years… (paperwork is not robust enough to have the confidence to go in/out of other countries)
-       Concerns about insurance coverage (some parents are having big issues with this)
-       Not being able to have our children be beneficiaries of assets, etc…
-       Name changes; can't do anything here (not a big deal in the scheme of things, but still an issue.)
-       What about the money and fees most of us already paid to the government for fingerprinting and I-600 paperwork filing?  These seem to be for not… should those fees be refunded?

This seems like red tape, for the wrong reasons (is this just me being too dramatic and frustrated?)  Using existing processes absolutely should have been reviewed/considered, but not made THE process just because they didn't want to create a new one for the Haiti children.  It sounds like we didn't have anyone fighting to streamline this and do the "right thing." 

Alternative suggestion and ask for help:  Minimum Request
• Step 1:  Should they not have instead looked at how far the kids were in the adoption process, drew a line and granted citizenship to those children? 
• Step 2:  Extend all Haitian Adoption Humanitarian Parole, as this will be required
• Step 3:  Consider working with Haiti to create a special category for these children.

3 comments:

  1. i think your 3 alternative suggestions are thoughtful and really should be implemented.....i imagine this experience provides for you an insightful and empathetic look at immigration in America.....because our kids are/were immigrants......

    keri

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  2. My concern is not only for you but the children. How could they even think about having them go back? If they are truly looking out for these guys then they should know how much of a set back that would be! Furthermore, i thought Samuel already had your name. That you had gone past that. I understand your frustration and concern. From the outside I am having a really hard time understanding what they think they are doing and how this could possibly benefit the children or the parents. Hang in there! We will continue our prayers for your family and the all the others! CB

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  3. The name change thing is a biggie for my children because I just filled out kindergarten paperwork and had to use two names totally different from what we call them. They should have our last name because we've gone through judgment--three times!!

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