Text: H.R.3297 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Introduced in House (11/01/2011)


112th CONGRESS
1st Session
H. R. 3297

To temporarily expand the (V) nonimmigrant visa category to include Haitians whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.


IN THE HOUSE OF REPRESENTATIVES
November 1, 2011

Ms. Clarke of New York (for herself, Ms. Brown of Florida, Mrs. Christensen, Mr. Filner, Mr. Gutierrez, Mr. Grijalva, Mr. Hastings of Florida, Ms. Norton, Mr. Jackson of Illinois, Ms. Lee of California, Mr. Lewis of Georgia, Mr. McGovern, Mr. Payne, Mr. Polis, Mr. Rangel, Ms. Schakowsky, Mr. Stark, Mr. Towns, Ms. Wilson of Florida, Mr. Clay, and Ms. Zoe Lofgren of California) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To temporarily expand the (V) nonimmigrant visa category to include Haitians whose petition for a family-sponsored immigrant visa was approved on or before 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 “Haitian Emergency Life Protection Act of 2011” or the “H.E.L.P. Act”.

SEC. 2. Expansion of V Visa category for Haitian immigrants.

Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended—

(1) in the matter preceding clause (i), by striking “section 203(a)(2)(A) that” and inserting “section 203(a) that, except as provided under clause (iii),”;

(2) by amending clause (i) to read as follows:

“(i) the petition is for status under section 203(a)(2)(A) and has been pending for at least 3 years;”;

(3) in clause (ii)—

(A) by amending the matter preceding subclause (I) to read as follows:

“(ii) the petition is for status under section 203(a)(2)(A), has been approved, and was filed at least 3 years previously, and”; and

(B) in subclause (ii), by striking the period at the end and inserting “; or”; and

(4) by adding at the end the following:

“(iii)(I) such petition was approved on or before January 12, 2010; and

“(II) the alien is a national and resident of Haiti.”.

SEC. 3. Use of secondary evidence for eligibility verification.

The Department of State, in coordination with United States Citizenship and Immigration Services, may issue travel documents (including a nonimmigrant visa) to any alien in Haiti—

(1) who is described in—

(A) section 101(a)(15)(V)(iii) of the Immigration and Nationality Act, as added by this Act; or

(B) section 201(b)(2)(A) of such Act;

(2) whose eligibility for such documents has been evaluated by a consular officer after reviewing the best available evidence of such eligibility, including secondary evidence, if necessary; and

(3) who meets all criteria required for—

(A) a family-sponsored immigrant visa under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or

(B) admission into the United States as an immediate relative of a United States citizen (as defined in section 203(b)(2)(A)(i) of such Act).

SEC. 4. Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2012 through 2014 to process—

(1) nonimmigrant visa applications authorized under section 101(a)(15)(V)(iii) of the Immigration and Nationality Act, as added by this Act; and

(2) immigrant visa applications for immediate relatives (as defined in section 203(b)(2)(A)(i) of such Act).

SEC. 5. Sunset provision.

This Act and the amendments made by this Act shall be effective during the 2-year period beginning on the date of the enactment of this Act.