House Bill 5283 – Help Haitian Orphans Home on Humanitarian Parole
Tom here, I’ve gotten a number of e-mails, text messages, facebook messages etc. about the new bill that’s been proposed about helping the kids who are already home in the US on Humanitarian Parole. If you know me, you know I probably was going to find the real text and read it. So, the text is below. I’ll put comments in italics and (parentheses) so you can tell what’s my thoughts and what’s the facts.
But before I do, here’s the disclaimer – I’m not an attorney, I’m not an immigration expert, I’m just a normal every day kind of guy who happens to really care about kids from and in Haiti. Please confirm anything you read with someone who knows before you make any major decisions!
HR 5283 IH
To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.
To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.
SECTION 1. SHORT TITLE.
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–
(2) is physically present in the United States on the date the application for such adjustment is filed; and
(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–
(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.).
(I think this doesn’t have anything to do with the kids, it has to do with the number of permanent resident alien visas that are available for others)
(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–
(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.).
(Tom here again – I don’t know what it means in section F about the definition of child but it sounds like it’s not something that would be an issue unless the child in question is very close to the age of 18. So, my reaction to this bill is that it probably is a pretty good thing. It does raise a couple of questions that I don’t know the answers to:
- If an orphan who came home on humanitarian parole gets their status changed to permanent resident alien, what implications does that have for the overall adoption status of these kids?
- What else should be known to make wise decisions about supporting this bill?
If anyone who reads this KNOWS the answers or knows anyone who is an immigration expert, I would gladly post any additional information here to help others out.)
Thanks!
Tom
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Jun 02, 2010 @ 20:12:24
While I’m not an expert either, one thing that comes to mind as I read this is that we should be able to skip one of the steps that was going to be required by the process. The process is expected to take over 2 years to complete the formal adoption, so an extension of the Humanitarian Parole would be required. The application for an extension also requires an application fee (I think it’s $385 per child). Of course, I’m also not sure if the application for a change in status has a similar fee.
Jun 04, 2010 @ 13:16:37
My understanding of this bill (and the corresponding one in the Senate) is that it would eliminate the need for final I600/I604 (internal USCIS investigation) approval prior to granting an I-485 application for permanent residence. Then, depending on whether or not your state requires readoption to recognize the parent/child relationship first & how far along you were in process in Haiti, you would apply for Citizenship via form N600. (If you did not have a Haitian adoption decree, you would need to readopt here first…which is recommended in order to get US birth certificates anyway).
I think we should support these bills & have written our representatives to tell them so. I also asked that language be put into the bill to waive the $930 I485 fee & that the bill be passed without delay.