HRIFA Improvement Act of 2004

HRIFA Improvement Act of 2004 - Amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) to remove document fraud as a ground of inadmissibility for qualifying Haitians who apply for adjustment of status under HRIFA.

Requires determinations regarding derivative status for the children of such qualifying Haitians to be made using the age of the child as of the date of enactment of this Act. Authorizes parents or guardians of children seeking derivative status to file an adjustment application on the child's behalf if the child is physically present in the United States on the date of filing.

Permits qualifying Haitians seeking benefits pursuant to this Act to file new status adjustment applications and motions to reopen. Extends to those who file such new applications or motions the same protection from exclusion, deportation, removal, or enforcement of a voluntary departure order as currently applies to HRIFA beneficiaries.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2187 Introduced in Senate (IS)]







 108th CONGRESS
   2d Session
                                S. 2187

     To amend the Haitian Refugee Immigration Fairness Act of 1998.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2004

  Mr. Graham of Florida (for himself, Mr. DeWine, Mr. Lautenberg, Mr. 
Durbin, and Mr. Kennedy) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Haitian Refugee Immigration Fairness Act of 1998.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HRIFA Improvement Act of 2004''.

SEC. 2. AMENDMENTS TO HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.

    (a) Ground for Inadmissibility for Document Fraud Does Not Apply.--
Section 902 of the Haitian Refugee Immigration Fairness Act of 1998 (8 
U.S.C. 1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D) by 
inserting ``(6)(C)(i),'' after ``(6)(A),''.
    (b) Determination With Respect to Children.--Section 902(d) of such 
Act (8 U.S.C. 1255 note) is amended by adding at the end the following:
            ``(3) Determinations with respect to children.--
                    ``(A) Use of application filing date.--
                Determinations made under this subsection as to whether 
                an alien is a child of a parent shall be made using the 
                age and status of the alien on the date of enactment of 
                this section.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application filed 
                under this subsection based on an alien's status as a 
                child may be filed for the benefit of such child by a 
                parent or guardian of the child, if the child is 
                physically present in the United States on such filing 
                date.''.

SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN.

    (a) New Applications.--Notwithstanding section 902(a)(1)(A) of the 
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note), 
an alien who is eligible for adjustment of status under that Act, as 
amended by section 2, may submit an application for adjustment of 
status under that Act not later than the later of--
            (1) 2 years after the date of enactment of this Act; or
            (2) 1 year after the date on which final regulations 
        implementing this Act are promulgated.
    (b) Motions to Reopen.--The Secretary of Homeland Security shall 
establish procedures for the reopening and reconsideration of 
applications for adjustment of status under the Haitian Refugee 
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) that are affected 
by the amendments made by section 2.
    (c) Relationship of Application to Certain Orders.--Section 
902(a)(3) of the Haitian Refugee Immigration Fairness Act of 1998 (8 
U.S.C. 1255 note) shall apply to an alien present in the United States 
who has been ordered excluded, deported, removed, or ordered to depart 
voluntarily, and who files an application under subsection (a) or a 
motion under subsection (b), in the same manner as such section 
902(a)(3) applied to aliens who filed applications for adjustment of 
status under that Act before April 1, 2000.
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