II 

112TH CONGRESS 

1ST SESSION S. 480 

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 SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Mrs. GILLIBRAND (for herself, Mr. KERRY, Mr. LAUTENBERG, and Mr. 

LEAHY) introduced the following bill; which was read twice and 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. 

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 ‘‘Haitian Emergency 

5 Life Protection Act of 2011’’ or the ‘‘H.E.L.P. Act’’. 


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•S 480 IS

1 SEC. 2. EXPANSION OF V VISA CATEGORY FOR HAITIAN IM2 MIGRANTS. 

3 Section 101(a)(15)(V) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(15)(V)) is amended— 

5 (1) in the matter preceding clause (i), by strik6 ing ‘‘section 203(a)(2)(A) that’’ and inserting ‘‘sec7 tion 203(a) that, except as provided under clause 

8 (iii),’’; 

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

10 ‘‘(i) the petition is for status under 

11 section 203(a)(2)(A) and has been pending 

12 for at least 3 years;’’; 

13 (3) in clause (ii)— 

14 (A) by amending the matter preceding sub15 clause (I) to read as follows: 

16 ‘‘(ii) the petition is for status under 

17 section 203(a)(2)(A), has been approved, 

18 and was filed at least 3 years previously, 

19 and’’; and 

20 (B) in subclause (ii), by striking the period 

21 at the end and inserting ‘‘; or’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(iii)(I) such petition was approved on or 

24 before January 12, 2010; and 

25 ‘‘(II) the alien is a national of Haiti and 

26 a resident of Haiti.’’. 


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•S 480 IS

1 SEC. 3. USE OF SECONDARY EVIDENCE FOR ELIGIBILITY 

2 VERIFICATION. 

3 The Secretary of State, in coordination with U.S. 

4 Citizenship and Immigration Services, may issue travel 

5 documents (including a nonimmigrant visa) to any alien 

6 in Haiti— 

7 (1) who is described in— 

8 (A) section 101(a)(15)(V)(iii) of the Immi9 gration and Nationality Act, as added by sec10 tion 2(4); or 

11 (B) section 201(b)(2)(A) of such Act (8 

12 U.S.C. 1151(b)(2)(A)); 

13 (2) whose eligibility for such documents has 

14 been evaluated by a consular officer after reviewing 

15 the best available evidence of such eligibility, includ16 ing secondary evidence, if necessary; and 

17 (3) who meets all criteria required for— 

18 (A) a family-sponsored immigrant visa 

19 under section 203(a) of the Immigration and 

20 Nationality Act (8 U.S.C. 1153(a)); or 

21 (B) admission into the United States as an 

22 immediate relative of a United States citizen 

23 (as defined in section 203(b)(2)(A)(i) of such 

24 Act). 


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•S 480 IS

1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary for each of the fiscal years 2011 

4 through 2013 to process— 

5 (1) nonimmigrant visa applications authorized 

6 under section 101(a)(15)(V)(iii) of the Immigration 

7 and Nationality Act, as added by section 2(4); and 

8 (2) immigrant visa applications for immediate 

9 relatives (as defined in section 203(b)(2)(A)(i) of 

10 such Act). 

11 SEC. 5. SUNSET PROVISION. 

12 This Act and the amendments made by this Act shall 

13 be effective during the 2-year period beginning on the date 

14 of the enactment of this Act. 

Æ 


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