Ukrainian Adjustment Act of 2023

To provide for adjustment of status of nationals of Ukraine, and for other purposes. 1. Short title This Act may be cited as the Ukrainian Adjustment Act of 2023 2. Adjustment of status for eligible Ukrainian nationals (a) Streamlined adjustment of status for eligible Ukrainian nationals (1) In general Notwithstanding any other provision of law, the Secretary of Homeland Security shall adjust the status of an eligible Ukrainian national described in subsection (b) to the status of an alien lawfully admitted for permanent residence if the eligible Ukrainian national— (A) submits an application for adjustment of status in accordance with procedures established by the Secretary of Homeland Security; (B) subject to subsection (c), is otherwise admissible to the United States as an immigrant, except that the grounds of inadmissibility under paragraphs (4), (5), and (7)(A) of section 212(a) the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (C) has complied with the vetting requirements under paragraphs (1) and (2) of subsection (d) to the satisfaction of the Secretary of Homeland Security; and (D) the Secretary of Homeland Security determines that the adjustment of status of the eligible Ukrainian national is not contrary to the national welfare, safety, or security of the United States. (2) Applicability of refugee admissibility requirements The provisions relating to admissibility for a refugee seeking adjustment of status under section 209(c) of the Immigration and Nationality Act ( 8 U.S.C. 1159(c) (b) Eligible Ukrainian national Notwithstanding any other provision of law, an eligible Ukrainian national for the purpose of this section is a citizen or national of Ukraine (or a person who last habitually resided in Ukraine) who— (1) completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently— (A) paroled into the United States after February 20, 2014; or (B) paroled into the United States for the purpose of accompanying or following to join as— (i) the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) (ii) the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) who is determined to be an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) 8 U.S.C. 1522(d)(2)(B) (2) has not had such parole terminated by the Secretary of Homeland Security. (c) Waiver (1) In general With respect to an applicant for adjustment of status under this section, subject to paragraph (2), the Secretary of Homeland Security may waive any applicable ground of inadmissibility under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (2) Limitations The Secretary of Homeland Security may not waive under this subsection any applicable ground of inadmissibility under section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) (A) on or after February 20, 2014; (B) within the United States; and (C) by an applicant for adjustment of status under this section. (3) Rule of construction Nothing in this subsection may be construed to limit any other waiver authority. (d) Interview and vetting requirements (1) In general The Secretary of Homeland Security shall establish vetting requirements for applicants seeking adjustment of status under this section that are equivalent to the vetting requirements for refugees admitted to the United States through the United States Refugee Admissions Program, including an interview. (2) Rule of construction Nothing in this subsection may be construed to limit the authority of the Secretary of Homeland Security to maintain records under any other law. (e) Protection for battered spouses (1) In general An alien whose marriage to an eligible Ukrainian national described in paragraph (1)(A) of subsection (b) has been terminated shall be eligible for adjustment of status under this section as an alien described in paragraph (1)(B) of that subsection for not more than 2 years after the date on which such marriage is terminated if there is a demonstrated connection between the termination of the marriage and battering or extreme cruelty perpetrated by the principal applicant. (2) Applicability of other law In reviewing an application for adjustment of status under this section with respect to spouses and children who have been battered or subjected to extreme cruelty, the Secretary of Homeland Security shall apply section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) 8 U.S.C. 1367 (f) Date of approval Upon the approval of an application for adjustment of status under this section, the Secretary of Homeland Security shall create a record of the alien’s admission as a lawful permanent resident as of the date on which the alien was inspected and admitted or paroled into the United States. (g) Prohibition on further authorization of parole (1) In general Except as provided in paragraph (2), an individual who is a national of Ukraine shall not be authorized for an additional period of parole if such individual— (A) is eligible to apply for adjustment of status under this section; and (B) fails to submit an application for adjustment of status by the later of— (i) the date that is 1 year after the date on which final guidance described in subsection (h)(2) is published; or (ii) the date that is 1 year after the date on which such individual becomes eligible to apply for adjustment of status under this section. (2) Exception An individual described in paragraph (1)(A) may be authorized for an additional period of parole if such individual— (A) within the period described in paragraph (1)(B), seeks an extension to file an application for adjustment of status under this section; or (B) has previously submitted to a vetting equivalent of the vetting required under subsection (d). (3) Deadline for application Except as provided in paragraph (2), a national of Ukraine who does not submit an application for adjustment of status within the timeline provided in paragraph (1)(B) may not later adjust status under this section. (h) Implementation (1) Interim guidance (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall issue guidance implementing this section. (B) Publication Notwithstanding section 553 of title 5, United States Code, such guidance— (i) may be published on the internet website of the Department of Homeland Security; and (ii) shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment. (2) Final guidance Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall finalize guidance implementing this section. (i) Administrative review The Secretary of Homeland Security shall provide applicants for adjustment of status under this section with the same right to, and procedures for, administrative review as are provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (j) Prohibition on fees The Secretary of Homeland Security may not charge a fee to any eligible Ukrainian national in connection with— (1) an application for adjustment of status or employment authorization under this section; or (2) the issuance of a permanent resident card or an employment authorization document. (k) Pending applications During the period beginning on the date on which an alien files a bona fide application for adjustment of status under this section and ending on the date on which the Secretary of Homeland Security makes a final administrative decision regarding such application, any alien and any dependent included in such application who remains in compliance with all application requirements may not be— (1) removed from the United States unless the Secretary of Homeland Security makes a prima facie determination that the alien is, or has become, ineligible for adjustment of status under this section; (2) considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) (3) considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) (l) VAWA self petitioners Section 101(a)(51) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51) (1) in subparagraph (F), by striking or (2) in subparagraph (G), by striking the period at the end and inserting ; or (3) by adding at the end the following: (H) section 2(a) of the Ukrainian Adjustment Act of 2023 . (m) Exemption from numerical limitations Aliens granted adjustment of status under this section shall not be subject to the numerical limitations under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 (n) Rule of construction Nothing in this section may be construed to preclude an eligible Ukrainian national from applying for or receiving any immigration benefit to which the eligible Ukrainian national is otherwise entitled.

Summary: Ukrainian Adjustment Act of 2023 This bill provides a streamlined process for certain Ukrainian nationals (including accompanying spouse and children) who are living in the United States to receive lawful permanent resident status. Specifically, the bill permits Ukrainian nationals who have been paroled into the United States after February 20, 2014, to apply for and receive lawful permanent resident status. Additionally, the Department of Homeland Security (DHS) may waive grounds for inadmissibility (excluding certain crimes or security related grounds) for individuals who apply for status adjustment. DHS must establish vetting requirements (including an interview) for applicants that are equivalent to those under the United States Refugee Admissions Program. The bill also preserves eligibility for the status adjustment of certain battered spouses whose eligibility for such status stemmed from a marriage that has terminated. Finally, the bill requires DHS to issue guidance to implement these requirements and establishes a deadline for eligible individuals to apply for adjustment.