USCIS and Los Angeles Announce Immigrant Integration Partnership

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas and Los Angeles Mayor Antonio Villaraigosa announced today a new partnership to strengthen immigrant integration efforts in Los Angeles through proactive citizenship awareness, education, and outreach activities. The initiative kicks off with a free citizenship information session and naturalization workshop on Saturday, Jan. 30, 2010, at Felicitas and Gonzalo Mendez Learning Center in Northeast Los Angeles. USCIS Los Angeles District Director Jane Arellano will be on hand to answer questions.

“Citizenship creates opportunities, strengthens communities, and allows immigrants to become fully vested members of this great nation,” said Mayorkas. “In serving the public, it is our duty to provide aspiring citizens with the tools they need to pursue the path to citizenship. We are proud to partner with Mayor Villaraigosa and the City of Los Angeles on this important initiative.”

Saturday’s event is the first in a series of planned citizenship information sessions for Los Angeles residents. Other activities under the agreement include the dissemination of USCIS educational materials highlighting U.S. citizenship and the naturalization process at city facilities along with targeted outreach to increase awareness of citizenship rights, responsibilities, and the naturalization process among eligible residents. As the second largest, and one of the most diverse cities in the country, Los Angeles is home to immigrants coming from more than 140 countries and speaking 224 languages. California is home to nearly 3.5 million legal permanent residents, 2.5 million of whom are eligible to naturalize.

“By partnering with USCIS to educate and encourage Angelenos to become American citizens, the City of Los Angeles is helping to open the doors of greater economic opportunity for thousands of hard-working immigrants and their families,” Mayor Villaraigosa said. “This outreach campaign is a model of cooperation and civic empowerment that will help enrich America's continued success as a nation of immigrants.”

Los Angeles is the first city to enter into an agreement with USCIS to strengthen and enhance local immigant integration efforts. USCIS will regularly evaluate the program’s effectiveness to determine whether a similar agreement may be replicated in other locations. Launched as a pilot, the partnership between USCIS and Los Angeles will remain in effect for two years.

To learn more about USCIS and its programs, visit our homepage or call the National Customer Service Center at (800) 375-5283.

For more information on the City of Los Angeles, visit www.lacity.org.

Questions and Answers: Requesting Waiver of Fees Temporary Protected Status Applicants

Background

U.S. Citizenship and Immigration Services (USCIS) is funded by application and petition fees. Waiving a fee for certain individuals transfers the cost of processing applications and petitions to other applicants and petitioners and often necessitates increasing fees for everyone. However, we recognize that some individuals may not be able to pay the filing or biometrics fees. If you wish for us to consider waiving the fees for your application, please follow the instructions provided on requesting a fee waiver at http://www.uscis.gov/feewaiver and in these Questions and Answers. When you request a fee waiver, you must clearly demonstrate that you are unable to pay the application fees and biometrics fee that are applicable in your case.

Questions and Answers

Q. Which fees can USCIS waive if requested?

A. If you are unable to pay, you may request a fee waiver for the following fees:

• Application for Temporary Protected Status (Form I-821);
• Application for Employment Authorization (Form I-765);
• Application for Waiver of Ground of Inadmissibility (Form I-601); and
• The biometrics fee.

The fee for the Application for Travel Document, (Form I-131), is not waivable.

Q. How should I apply for a fee waiver request?
A. To apply for a fee waiver, you must submit a written statement, made under oath, affirmation, or pursuant to 28 U.S.C. 1746 containing the statement: “I declare under penalty of perjury that the foregoing is true and correct,” requesting a fee waiver(s) and stating the reasons why you are unable to pay the filing fee(s). This statement must be on the request and the request will be denied if it is not. Be sure to state which specific fees you are requesting to be waived in your affidavit.
The signed written statement and any supporting documentation must be submitted along with your benefit application(s).
Your fee waiver request must explain why you are unable to pay the fees and also include:

• Any evidence that you are receiving a federal or state means-tested public benefit (e.g., Medicaid, food and nutrition benefits (SNAP program), housing assistance, etc.),*
• Your monthly Gross Income from all sources for each of the three months prior to the filing of the fee waiver request,
• A list of all assets owned, possessed or controlled by you or your dependents,
• Your monthly essential expenditures , including any extraordinary expenses (e.g., high medical bills), for each of the three months prior to the filing of the fee waiver request,
• A list of your dependents in the United States, their address and relationship to you, and any income earned or received by your dependents,
• Any evidence of humanitarian considerations (e.g., disability, age, homelessness, unemployment),* and
• Any other information that you believe supports your inability to pay the fees that you would like waived.

*Although these starred items are not mandatory requirements, such evidence will be given significant weight in determining your eligibility for a fee waiver.

Q. How will USCIS determine if I qualify for a fee waiver?
A. We will determine that you qualify if you are able to demonstrate that it is more probable than not that your gross income for the three-month period prior to the filing of your fee waiver request was equal to or less than your essential expenses (e.g. reasonable expenditures for rent, utilities, medical expenses, child care) during that same period AND you do not own, possess or control ASSETS sufficient to pay the fee without substantial hardship.

We will review your fee waiver request according to the following 5 steps:

Step 1. Are you receiving a federal-means tested benefit? If you are and you have provided sufficient evidence, your fee waiver will normally be approved.

Step 2. Is your household’s income over the three months preceding the filing of your fee waiver request less than the Federal Poverty Guidelines?

Step 3. Did your essential expenses over the three months preceding the filing of your fee waiver request equal or exceed your gross income during that period?

Step 4. Do you have a humanitarian consideration (e.g, disability, age, etc.) or an extraordinary economic situation (e.g., recent unemployment) that you believe has a sufficiently negative financial impact to make you eligible for a fee waiver? If so, you must provide sufficient evidence to support your claim.

Step 5. Do you have any other reasons and supporting evidence that would support your inability to pay the fee(s)? If so, you must provide the evidence and explain how it makes you unable to pay the fee.

By utilizing the step-by-step process above, USCIS will look at your entire situation to determine whether to grant you a fee waiver based on whether you have sufficient assets to pay the fee without substantial hardship.

Q. What is a federal means-tested benefit and what effect does it have on my eligibility for a fee waiver?
A. A federal means-tested benefit is any benefit funded in whole or part by the Federal government that requires you to demonstrate your “means” (e.g., your income, assets and related resources) as part of the eligibility requirements for the benefit. The federal agency administering the funds determines whether the benefit is a Federal means-tested public benefit under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193.

Many federal-means tested benefits are administered by state, county and city social service agencies. All benefits, whether they are provided by the federal or local government agencies, carry equal weight in our consideration of your fee waiver request.

Examples of federal means-tested benefits include Supplemental Nutrition Assistance Program (SNAP) benefits (formerly called “Food Stamps”), Medicaid, Supplemental Security Income (SSI), and Temporary Assistance to Needy Families (TANF).

You should provide evidence you are receiving these benefits if you wish USCIS to take into account the fact that you have previously demonstrated low income and limited resources to a different agency as part of USCIS’ determination of your eligibility for a fee waiver. This evidence should be a copy of a letter or other documentation bearing the letterhead or logo of the agency granting the benefit, the name of the recipient of the benefit and that you are currently receiving the benefit.

Q. What if someone else in my family is receiving federal means-tested benefits?
A. The person applying for the fee waiver must be the person who is receiving the Federal means-tested benefits.

The only exceptions are:

1. If an applicant is receiving a federal means-tested benefit, then a dependent spouse who lives in the same household of the applicant will also qualify for a fee waiver unless the spouse owns, possesses or controls assets sufficient to pay the fee without substantial hardship; and,

2. If a parent is receiving federal means-tested benefits, then his or her unmarried children under 18 living with him or her would also qualify for a fee waiver.

However, the reverse situation does not apply. For example, if a child or grandchild is receiving Federal means-tested benefits, eligibility for a fee waiver does not automatically extend to parents or other family members. Similarly, if a parent is receiving SSI, his or her adult children do not automatically qualify for a fee waiver as a result.

Q. If I am not receiving a federal-means tested benefit, how will you determine my eligibility for a fee waiver?
A. If you are not receiving a federal-means tested benefit, we will look at other factors, such as the income level of your household and compare it to Federal Poverty Guidelines. We will also consider assets, humanitarian factors, and all evidence that you submit regarding your inability to pay to determine whether your request merits a discretionary grant of a fee waiver.

Q. How will you use my household income information to determine my eligibility for a fee waiver?
A. We will compare your household income with the "Federal Poverty Guidelines". We use the Federal Poverty Guidelines, as established by the Secretary of Health and Human Services.

If your household income is greater than the Federal Poverty Guidelines, then you are not likely to qualify for a fee waiver. However, even if your household income exceeds that of the Federal Poverty Guidelines, if you have a humanitarian consideration or an extraordinary economic situation such as medical bills or unemployment, then USCIS will take this account in an overall assessment of your inability to pay the fees. See further Q&A’s below.

Q. What evidence should I provide concerning my household income?
A. In addition to your written statement, you are strongly encouraged to submit documentary evidence of your household income which includes all forms of income, including income received or earned by any dependent in the United States, and financial assistance. Such evidence may include:

• If available, a copy your Federal tax return for the last tax year; or
• If you did not file a federal tax return, submit other forms of evidence which may include paycheck stubs, employment contracts, statement(s) from your employer(s) own business stationary showing salary or wages paid etc, for the past 3 months; or
• Official transcripts of your tax returns and W-2s. These can be obtained without fee from the Internal Revenue Service by filing an IRS Request for Transcript of Tax Return, (Form 4506T).

Q. Who should I include when determining my household size?
A. You should include:
Yourself;
Your spouse;

• The following family members:
  • Your children or legal wards, who are unmarried and under 21, and who live with you;
  • Your children or legal wards, who are unmarried, under 23, full-time students, and who live with you when not at school;
  • Your children, or legal wards, who are unmarried, and for whom you are the legal guardian because they are physically or mentally disabled to the extent they cannot adequately care for themselves and cannot establish, maintain, or re-establish their own household;
  • Your parents, if:
    • You are unmarried, under 23, a full-time student, and you live with your parents when you are not at school; or
    • They are retired and living with you.

Q. Will you include the income of a person living with me if that person is not part of my household for tax purposes?
A. If a person is living with you but is not claimed as a member of your household for tax purposes, that person’s income will not be considered when determining your household income. You do not need to provide this person’s income information.

Q. If I am separated, do I need to count my husband or wife, and children living with him or her?
A. If you are legally separated, you do not need to include your spouse in your family size, and do not need to include your spouse’s income information. However, be sure you include in your household income any support that your spouse is still legally required to provide to your household under court order or state law.

If you are legally separated but continue to live together, your spouse’s income information must be included with your fee waiver request.

If you are not legally separated, even if you are living apart, then you need to include your spouse’s income information in your fee waiver request.

Evidence of legal separation should be included with your fee waiver request. This may be a copy of the court order or a letter from the attorney that is managing your case.

Q. If I am applying for immigration benefits under the provisions of the Violence Against Women Act, do I need to provide my spouse’s financial information?
A. Individuals applying for immigration benefits under provisions of the Violence Against Women Act (VAWA), regardless of current marital status, should only provide their spouse’s financial information if it is readily available. In those cases where the information cannot be obtained, please provide a brief explanation describing the circumstances.

Q. How will my expenses factor into my eligibility for a fee waiver?
A. Essential expenses for this purpose are limited to reasonable expenditures for: rent, food, utilities, child care, medical expenses, commuting costs, clothing, and laundry. Temporary Protected States (TPS) fees are also considered an essential expenditure.

Q. How will my assets and/or the assets of my dependents factor into my eligibility for a fee waiver?
A. In addition to providing us with evidence that your essential expenditures have equaled or exceeded your gross income for the last three months, you will need to provide us with information concerning your assets (as well as those of your dependents) and their value.

Assets include: real estate, property, cash, checking, and savings accounts, stocks, bonds, and annuities (except for pension plans and Individual Retirement Accounts (IRAs)).

If we determine that you can pay the fees from your assets without substantial harm, we will deny your fee request. For example if you have $20,000 in the bank and own two cars, we would determine the applicant has the ability to pay.

Q. What if I believe I am eligible for a fee waiver because of a humanitarian consideration or due to a recent extraordinary economic situation?
A. To the extent that your essential expenses over the three month period prior to your filing the fee waiver request were not equal to or greater than your income during that period, we may consider the following in determining your eligibility for a fee waiver:

• Whether your age will have an effect on your ability to earn income in the near future;
• Any disability that may prevent you from earning an income in the near future; and
• Evidence that you recently became unemployed.

Disabilities (physical and emotional) should be documented with a letter from a medical professional and should state the nature of your disability and that it prevents or severely inhibits your ability to earn an income.

Q. What if I am filing on behalf of a special immigrant juvenile (SIJ)?
A. Juveniles in the custody of the state or local government will likely qualify for a fee waiver. The legal guardian, conservator, or similar court-appointed surrogate should sign the fee waiver request and provide one of the forms of evidence listed below:

• Evidence that the SIJ is receiving a federal means-tested benefit.
• Pay stubs or bank statements indicating the SIJ’s income is under the federal poverty guidelines.
• Recent juvenile court order establishing dependency or custodial assignment (within the last 6 months) of the SIJ.
• Letter from a foster care home or similar agency overseeing the SIJ’s custodial placement that describes the SIJ’s inability to pay.
• Form I-797 Approval Notice for a Form I-360 filed for the SIJ.

Any one of the above types of documentation will meet the evidentiary requirement to support the SIJ’s inability to pay.

Q. Who may request a fee waiver?
A. Anyone who is 18 or older and wants to request a fee waiver for his/her own application.

Anyone who is 18 or older may request a fee waiver for his/her:

1. Unmarried children under 18;
2. Unmarried sons and daughters for whom s/he remains the legal guardian to the extent they cannot adequately care for themselves; and
3. Legal ward who meets either of the above definitions.

Q. Who should sign the fee waiver request?
A. If you are at least 14 years old, you may sign on your own.

Your parent or legal guardian conservator, committee or similar court-appointed surrogate may sign the request for you if you are under 14 years old, or if you are between 14 and 18 years of age, but incapable of signing on your own.

A legal guardian, conservator, committee or similar court-appointed surrogate may also sign the fee waiver request for you if you are 18 years of age or older but a court has appointed a guardian, conservator, committee or similar surrogate for you because you are not capable of managing your own affairs.

Q. If the applicant is a minor and is a ward of the state, who should complete and sign the fee waiver request?
A. The court appointed guardian, conservator, committee or similar surrogate should sign the fee waiver request. The fee waiver request should include a copy of the court order designating the signee as guardian, conservator, committee or similar surrogate.

Q. Some form instructions mention filing fees and biometric fees. Can both be waived? Do I have to file separate fee waiver requests?
A. You do not have to file a separate fee waiver request for the filing fee and the biometric fee. If we approve your fee waiver request, we will waive both the filing and biometric fees.

Q. Do I need English translation of documents?
A. If any document that you submit with your application is not in English, you must submit both the document itself (in the other language) and a full and complete English translation.

The individual who translated the document into English must certify that he or she is competent to translate from the other language into English, and that the translation is a full, complete and accurate translation of the entire document.

The translator must include his or her name, signature, full address, phone number, e-mail address and any related license or registration number.

Q. What if I have questions?
A. If you have questions, refer to our Web site (http://www.uscis.gov ) or call customer service at the National Customer Service Center (NCSC): 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired).

Change of Filing Location for Form I-601, Application for Waiver of Ground of Inadmissibility

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revisions to Form I-601, Application for Waiver of Ground of Inadmissibility.

As of January 4, 2010, infection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.

In addition, USCIS today announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.

Beginning 1/27/2010, the following filing location changes are in effect for applicants located in the United States:

• Applicants who a) have an approved Form I-360 based as a Self-petitioning spouse or child of an abusive U.S. Citizen or Lawful Permanent Resident, or b) are a T nonimmigrant seeking adjustment of status, and who are filing Form I-601, must file their application at the USCIS Vermont Service Center;

USCIS Vermont Service Center

75 Lower Welden Street

St. Albans, VT 05479-0001.

• Applicants who are filing Form I-601 together with Form I-485, Application to Register Permanent Residence or Adjust Status, must file the I-485 and the I-601 at the filing location specified on the Form I-485 instructions.
• Applicants who have a pending Form I-485 must file Form I-601 with a USCIS Lockbox facility, based on the first 3 letters in their application receipt number. Detailed guidance can be found in updated Form I-601 instructions as well as at www.uscis.gov. Applicants must include a copy of the I-797C, Notice of Action, showing that their Form I-485 was accepted.
• Applicants for Temporary Protected Status (TPS) under the Immigration and Nationality Act Section 244, must file Form I-601 with Form I-821, Application for Temporary Protected Status. Consult the applicable Federal Register notice for the applicant's country’s TPS designation.
• Individuals in removal proceedings, must file Form I-601 with the Executive Office for Immigration Review (EOIR) office with jurisdiction over your case and according to the instructions that are provided to the individual in court.

USCIS Offices will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities for 30 days, until 2/27/2010. After that, incorrectly filed applications will be returned to the applicant, with a note to send the application to the correct location.

Applicants located outside of the United States will continue to file their Form I-601 with the U.S. Embassy or consulate where they are applying for a visa.

When filing Form I-601 at a Lockbox facility, applicants may elect to receive an email and/or text message notifying them that USCIS has accepted their applications. To receive notification, the applicant must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of the application.

For more information on USCIS programs or to download a copy of a USCIS Form, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

USCIS to Reissue Advance Parole Documents

WASHINGTON - U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.

All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.

If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.

For more information on USCIS programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

USCIS Update: USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status

WASHINGTON—U.S. Citizenship and Immigration Services has announced that eligible Haitian nationals in the United States may file for Temporary Protected Status (TPS). Details and procedures for applying for TPS are available in the Federal Register notice published on January 21, 2010.

Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance.

A list of accredited representatives and free or low-cost legal providers is available on the USCIS website under Resources/Finding Legal Advice. Please see our Fact Sheet, “USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status” for helpful tips and further information on how to protect yourself from becoming a victim of fraud. We hope you will use this resource.

Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti

Introduction

On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.

Questions and Answers

Q. I am in the process of adopting a child from Haiti, what can I do to bring the child to the United States?
A. Department of Homeland Security (DHS) Secretary Janet Napolitano has authorized the use of humanitarian parole for the following categories of orphans in Haiti:

Category 1 Cases

Description: Children being adopted by U.S. citizens prior to Jan. 12, 2010, who have been legally confirmed as orphans available for inter-country adoption by the Government of Haiti (GOH) through an adoption decree or custody grant to suitable U.S. citizen adoptive parents.

Required Criteria:

• Evidence of availability for adoption MUST include at least one of the following:
  • Full and final Haitian adoption decree; or
  • GOH custody grant to prospective adoptive parents for emigration and adoption; or
  • Secondary evidence in place of the above.
• Evidence of suitability MUST include one of the following:
  • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
  • Current FBI fingerprints and security background check; or
  • Physical custody in Haiti plus a security background check.

Please note, some of the children in this category will receive immigrant visas and others will receive humanitarian parole, depending on the completeness of the cases. Those who enter with immigrant visas will enter as aliens lawfully admitted for permanent residence. Those who enter with humanitarian parole will need to have their immigration status finalized after arrival through an application for adjustment of status.

Category 2 Cases

Description: Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria:

• Significant evidence of a relationship between the prospective adoptive parents and the child; AND of the parents' intention to complete the adoption, which could include the following:
  • Proof of travel by the prospective adoptive parents to Haiti to visit the child;
  • Photos of the child and prospective adoptive parents together;
  • An Adoption Service Provider (ASP) "Acceptance of Referral" letter signed by the prospective adoptive parents;
  • Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010, with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition, and/or Form I-600, Petition to Classify an Orphan as an Immediate Relative, completed a home study, located an ASP to work with in Haiti, etc.).
• Evidence of the child's availability for adoption, which would include the following:
  • IBESR (Haitian Adoption Authority) approval;
  • Documentation of legal relinquishment or award of custody to the Haitian orphanage;
  • Secondary evidence in place of the above.
• Evidence of suitability MUST include one of the following:
  • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
  • Current FBI fingerprints and security background check.

If the child you have adopted or are adopting meets these criteria, please send U.S. Citizenship and Immigration Services (USCIS) detailed information about the adoption case atHaitianAdoptions@dhs.gov. This e-mail address is dedicated to collecting information about adoption cases still pending in Haiti. Please include the name of the prospective adoptive parent in the subject line of the e-mail. Once we have your information, we will contact you with further information.

Q. If parole is authorized, how will my child get out of Haiti?
A. The Consular Section and USCIS Office is coordinating the arrival of children at the Embassy so that they are able to arrive safely. We urge families not to make individidual arrangements and to assist us in coordinating with the ophanages on the ground. Orphanage directors should wait to receive instructions either from the Embassy or USCIS Headquarters in Washington before taking their group of children to the Embassy for processing. Individuals or groups that appear at the Embassy without prior coordination may be turned away.

Q. If humanitarian parole is authorized, may I travel to pick up a specific child?
A. The Department of State (DOS) Travel Warning, urges U.S. citizens to avoid travel to Haiti. Communications and transportation in Haiti is extremely limited and nearly all available resources are dedicated to the immediate search and rescue of Haitians. Updates to the DOS travel warnings for Haiti are available online athttp://www.travel.state.gov/travel/cis_pa_tw/tw/tw_4632.html.

Once a child receives a visa or is authorized for humanitarian parole, we encourage you to work with your U.S. adoption agency and the orphanage staff in Haiti to identify an escort to bring the child to the United States.

Q. Many documents were destroyed in the earthquake. What kind of secondary evidence can be submitted in the place of primary documents?
A. Secondary evidence may include, but is not limited to, copies of records or correspondence referring to the existence of the destroyed or missing document, as maintained by an Adoption Service Provider or the prospective adoptive family, as well as affidavits of individuals with knowledge of the document or event.

Q. I am a prospective adoptive parent in the process of adopting a child in Haiti, but the adoption was not finalized prior to the earthquake. If DHS authorizes humanitarian parole for a child who was not legally adopted in Haiti, how will I obtain the legal authority to take the child into my home?
A: If you received an order from the Government of Haiti granting custody of the child to you, then the child may be paroled into your custody upon verification of the order, your identity and that of the child after the child's arrival in the United States.

If you have not received a formal order granting you custody from the Government of Haiti, then the child may be placed in your care but some additional procedures must be followed. These procedures are intended to protect children and ensure that those without final adoptions are placed with families that are able to care for them. These additional procedures may take a little time, but they are critical for keeping children safe. Children who cannot be placed with prospective adoptive parents will be well cared for. ORR has contracts with organizations around the country to care for unaccompanied children who are not U.S. citizens.

Whether you become a sponsor or not, you will need to adopt the child under the adoption laws of your place of residence in order for the child to acquire permanent residence in the United States.

Q. How do I request Humanitarian Parole for the child I am in the process of adopting?
A. If you want to request humanitarian parole for a specific child you are in the process of adopting from Haiti, please send the request to HaitianAdoptions@dhs.gov. Please include the name of the prospective adoptive parent in the subject line of the e-mail. You do not need to file Form I-131 or submit a fee for these cases.

Q. I am a prospective adoptive parent in the process of adopting a child from Haiti. What should I do if my Fingerprint Clearance has expired?
A. USCIS will review each prospective adoptive parent's request for humanitarian parole on a case-by-case basis. If we determine that your fingerprint clearance(s) has expired, you do not need to take any action. USCIS will electronically rerun your prints. (Please do not send a request for updated fingerprint to HaitianAdoptions@dhs.gov.) If you have not been fingerprinted by USCIS at any stage of your adoption process, please send an e-mail message to HaitianAdoptions@dhs.gov and we will arrange a fingerprint appointment for you. Please include "FP Request" in the subject line of the e-mail.

Q. Is there any other way I can help orphans in Haiti?
A. We understand that some Americans want to respond by offering to open their homes. We certainly appreciate this generous impulse, but note that it can be extremely difficult to determine whether children are truly orphans. Children may be temporarily separated from their parents or other family members, and their parents or other relatives may be looking for them. In the first instance, we believe it is most important to focus on re-uniting separated children with their relatives. Some individuals may wish to assist by contributing to a reputable relief or humanitarian organization working in that country. More information can be found at the following Web sites linked on the right:

• Department of State
• United States Agency for International Development (USAID)
• International Committee of the Red Cross (ICRC)
• Interaction

USCIS Update: Registration Begins for Temporary Protected Status to Haiti

WASHINGTON - U.S. Citizenship and Immigration Services announced today that eligible Haitian nationals in the United States may begin the application process for Temporary Protected Status. Details and procedures for applying for TPS are provided in the Federal Register notice published today.

On Jan. 15, 2010, Secretary of Homeland Security Janet Napolitano designated TPS for eligible Haitian nationals as a result of the catastrophic earthquake that occurred in Haiti on Jan. 12, 2010.

The TPS designation for Haiti is effective today and will remain in effect through July 22, 2011. The designation means that eligible Haitian nationals will not be removed from the United States and will also be eligible to apply to work in the United States. The 180-day registration period for eligible Haitian nationals to apply for TPS begins today and will end on July 20, 2010.

The designation applies only to those Haitians who resided in the United States on or before Jan. 12, 2010; TPS will not be granted to Haitian nationals who entered the United States after Jan. 12, 2010.

Haiti joins El Salvador, Honduras, Nicaragua, Somalia, and Sudan as countries currently designated for TPS.