HRIFA Improvement Act of 2009

HRIFA Improvement Act of 2009 - Amends the Haitian Refugee Immigration Fairness Act of 1998 to: (1) require determinations with respect to children to be made using the age and status of an individual on October 21, 1998 (enactment date of the Haitian Refugee Immigration Fairness Act of 1998); (2) permit an application based upon child status to be filed by a parent or guardian if the child is present in the United States on such filing date; and (3) include document fraud among the grounds of inadmissibility which shall not preclude an otherwise qualifying Haitian alien from permanent resident status adjustment.

Permits new status adjustment applications to be filed for a limited time period.

Directs the Secretary of Homeland Security to establish procedures for reopening status adjustment applications that are affected by amendments made by this Act.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1567 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1567

     To amend the Haitian Refugee Immigration Fairness Act of 1998.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2009

 Mr. Meek of Florida introduced the following bill; which was 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 2009''.

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

    (a) Determinations With Respect to Children.--Section 902(d) of the 
Haitian Refugee Immigration Fairness Act of 1998 (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 individual is a child of a parent shall be made 
                using the age and status of the individual on October 
                21, 1998.
                    ``(B) Application submission by parent.--
                Notwithstanding paragraph (1)(C), an application under 
                this subsection filed based on 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.''.
    (b) Admissibility Waiver for Certain Applicants for Asylum 
Proceedings.--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) of 
section 902 by inserting ``(6)(C)(i),'' after ``(6)(A),''.

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 such Act, as 
amended by section 2 of this Act, may submit an application for 
adjustment of status under such Act not later than the later of--
            (1) 2 years after the date of the enactment of this Act; 
        and
            (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 under section 2 of this Act.
    (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 filing applications for adjustment of 
status under such Act before April 1, 2000.
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