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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
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