I 

111TH CONGRESS 

1ST SESSION H. R. 1567 

To amend the Haitian Refugee Immigration Fairness Act of 1998. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2009 

Mr. MEEK of Florida 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘HRIFA Improvement 

5 Act of 2009’’. 

6 SEC. 2. AMENDMENTS TO THE HAITIAN REFUGEE IMMIGRA7 TION FAIRNESS ACT OF 1998. 

8 (a) DETERMINATIONS WITH RESPECT TO CHIL9 DREN.—Section 902(d) of the Haitian Refugee Immigra10 tion Fairness Act of 1998 (8 U.S.C. 1255 note) is amend11 ed by adding at the end the following: 


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1 ‘‘(3) DETERMINATIONS WITH RESPECT TO

2 CHILDREN.— 

3 ‘‘(A) USE OF APPLICATION FILING

4 DATE.—Determinations made under this sub5 section as to whether an individual is a child of 

6 a parent shall be made using the age and status 

7 of the individual on October 21, 1998. 

8 ‘‘(B) APPLICATION SUBMISSION BY PAR9 ENT.—Notwithstanding paragraph (1)(C), an 

10 application under this subsection filed based on 

11 status as a child may be filed for the benefit of 

12 such child by a parent or guardian of the child, 

13 if the child is physically present in the United 

14 States on such filing date.’’. 

15 (b) ADMISSIBILITY WAIVER FOR CERTAIN APPLI16 CANTS FOR ASYLUM PROCEEDINGS.—The Haitian Ref17 ugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 

18 note) is amended in subsections (a)(1)(B) and (d)(1)(D) 

19 of section 902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. 

20 SEC. 3. NEW APPLICATIONS AND MOTIONS TO REOPEN. 

21 (a) NEW APPLICATIONS.—Notwithstanding section 

22 902(a)(1)(A) of the Haitian Refugee Immigration Fair23 ness Act of 1998 (8 U.S.C. 1255 note), an alien who is 

24 eligible for adjustment of status under such Act, as 

25 amended by section 2 of this Act, may submit an applicaVerDate Nov 24 2008 23:09 Mar 18, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1567.IH H1567

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1 tion for adjustment of status under such Act not later 

2 than the later of— 

3 (1) 2 years after the date of the enactment of 

4 this Act; and 

5 (2) 1 year after the date on which final regula6 tions implementing this Act are promulgated. 

7 (b) MOTIONS TO REOPEN.—The Secretary of Home8 land Security shall establish procedures for the reopening 

9 and reconsideration of applications for adjustment of sta10 tus under the Haitian Refugee Immigration Fairness Act 

11 of 1998 (8 U.S.C. 1255 note) that are affected by the 

12 amendments under section 2 of this Act. 

13 (c) RELATIONSHIP OF APPLICATION TO CERTAIN OR14 DERS.—Section 902(a)(3) of the Haitian Refugee Immi15 gration Fairness Act of 1998 (8 U.S.C. 1255 note) shall 

16 apply to an alien present in the United States who has 

17 been ordered excluded, deported, removed, or ordered to 

18 depart voluntarily, and who files an application under sub19 section (a), or a motion under subsection (b), in the same 

20 manner as such section 902(a)(3) applied to aliens filing 

21 applications for adjustment of status under such Act be22 fore April 1, 2000. 

Æ 


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