[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1737 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1737
To amend the Haitian Refugee Immigration Fairness Act of 1998 to
benefit individuals who were children when such Act was enacted.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2005
Mr. Meek of Florida (for himself, Mr. Towns, Mr. Hastings of Florida,
Mr. Jackson of Illinois, Mr. Conyers, Ms. Kilpatrick of Michigan, Mr.
Serrano, Mr. Owens, Mr. Cummings, Mr. Rush, Mr. Lynch, Mr. Weiner, Mr.
Kucinich, Mr. Bishop of Georgia, Mr. Meeks of New York, Ms. Wasserman
Schultz, Mr. Engel, Ms. Lee, and Mrs. Christensen) 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 to
benefit individuals who were children when such Act was enacted.
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 2005''.
SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN AND
IMMIGRANT FAIRNESS ACT OF 1998.
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 the date
of the enactment of this section.
``(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.''.
SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN.
(a) New Applications.--Notwithstanding section 902(a)(1)(A) of the
Haitian and Immigrant Fairness Act of 1998, 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 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 and Immigrant Fairness Act of 1998 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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