S. 3411: Help HAITI Act of 2010


Full title:
A bill to provide for the 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 the Help HAITI Act of 2010 - Authorizes the Secretary of Homeland Security (DHS) to adjust to permanent resident status an alien who 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, if such alien: (1) applies for adjustment; (2) is physically present in the United States when the adjustment application is filed; and (3) is admissible as an immigrant.

Deems such an alien to satisfy the requirements applicable to adopted children if, before the alien is 18 years of age, he or she adjusts to permanent resident status and is adopted by a U.S. citizen (which may occur before, on, or after status adjustment).

Permits a parent or legal guardian to apply on behalf of a minor.

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

Text:

S 3411 IS

111th CONGRESS
2d Session
S. 3411

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

IN THE SENATE OF THE UNITED STATES

May 25, 2010

Mrs. GILLIBRAND (for herself, Mr. INHOFE, and Ms. LANDRIEU) introduced the following bill; which was read twice and 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 the `Help Haitian Adoptees Immediately to Integrate Act of 2010' or 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: 2010-05-25
Related persons
People working for or related to this organization
Personsort iconPositionCountryFromTo
Amy KlobucharCosponsor2010-06-23
Charles SchumerCosponsor2010-06-10
Frank LautenbergCosponsor2010-08-02
James InhofeCosponsor2010-05-25
Jeff MerkleyCosponsor2010-06-21
Kirsten GillibrandIntroduced2010-05-25
Mary LandrieuCosponsor2010-05-25
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