Additional solicitor general DJ Khambata told the court that the American government could consider granting her citizenship on humanitarian grounds.
Jennifer Haynes, 28, who was deported to India from USA owing to incomplete adoption formalities 20 years ago, will now have to seek US citizenship on humanitarian parole.
Humanitarian parole is often a “last chance” to gain entry to the US for individuals who are not otherwise eligible for a visa. The parole is valid for a maximum time limit of one year, although this time can be extended indefinitely while in the US.
“We are concerned about her two children more than anything else,” justice Ranjana Desai of the Bombay high court said on Thursday.
Arguing on behalf of the union government and the central adoption regulation authority (Cara), additional solicitor general DJ Khambata told the court that Haynes lived in the US for 20 years and the American government could consider granting her citizenship on humanitarian grounds.
“We will give any certificate to consider on humanitarian grounds,” Khambata said.
Haynes was deported to Mumbai in July 2008, as she did not gain American citizenship in spite of having been adopted by an American family and lived there for the past 20 years.
She filed a petition in court, seeking a passage back to the US and de-registration of the agency that processed her adoption.
“She was not advised properly. Those [adoptive] parents did not bother about her,” justice Desai remarked. Haynes’s advocate Pradeep Havnur told the court that her documents were confiscated by the immigration officers at the Chhatrapati Shivanji International Airport on her arrival last year.
The court has summoned the immigration officers with the seized documents to court on January 12. In the meantime, Haynes has been asked to make a humanitarian parole application to the US embassy.
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