H.R. 5283: Help HAITI Act of 2010


Status:
This bill was enacted after being signed by the President on December 9, 2010.

Full title:
To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.

Summary:
Help Haitian Adoptees Immediately to Integrate Act of 2010 or Help HAITI Act of 2010 - Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who: (1) was granted parole admission into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, and suspended as to new applications on April 15, 2010; (2) is physically present in the United States; (3) is admissible as an immigrant; and (4) files an application for adjustment not later than three years after enactment of this Act.

Limits the number of such adjusted aliens to 1400.

Excepts such aliens from certain documentation requirements.

Deems such an unmarried alien who is under the age of 18 to satisfy the requirements applicable to adopted children if: (1) the alien obtained adjustment of status; and (2) a U.S. citizen adopted the alien before, on, or after the date of the decision granting adjustment of status.

Prohibits any derivative immigration benefits for the birth parent of an alien adjusted under this Act.

States that the budgetary effects of this Act for the purpose of Statutory Pay-As-You-Go Act of 2010 compliance shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Text:

HR 5283 IH

111th CONGRESS
2d Session
H. R. 5283

To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.

IN THE HOUSE OF REPRESENTATIVES

May 12, 2010

Mr. FORTENBERRY introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.

    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--
      (1) the `Help Haitian Adoptees Immediately to Integrate Act of 2010'; or
      (2) the `Help HAITI Act of 2010'.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.

    (a) In General- The Secretary of Homeland Security may adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien--
      (1) subject to subsection (c), applies for such adjustment;
      (2) is physically present in the United States on the date the application for such adjustment is filed; and
      (3) is admissible to the United States as an immigrant, except as provided in subsection (d).
    (b) Aliens Eligible for Adjustment of Status- An alien is described in this subsection if the alien was inspected and granted parole into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced on January 18, 2010, and suspended as to new applications on April 15, 2010.
    (c) Application- In the case of a minor, an application under this section may be submitted on behalf of the alien by--
      (1) a parent; or
      (2) a legal guardian.
    (d) Grounds of Inadmissibility- Paragraphs (4) and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply to adjustment of status under this section.
    (e) Visa Availability- When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (f) Alien Deemed To Meet Definition of Child- An alien described in subsection (b) shall be deemed to satisfy the requirements applicable to adopted children under section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if, before the date on which the alien attains 18 years of age--
      (1) the alien obtains adjustment of status under this section; and
      (2) a United States citizen adopts the alien, regardless of whether the adoption occurs before, on, or after the date of the decision granting adjustment of status under this section.
    (g) No Immigration Benefits for Birth Parents- No birth parent of an alien who obtains adjustment of status under this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this section or the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Founded: 2010-05-12
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