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— (1)subject to subsection (c), applies for such adjustment; (2)is physically present in the United States on the date the application for such adjustment is filed; and (3)is admissible to the United States as an immigrant, except as provided in subsection (d). (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— (1)an adoptive parent; or (2)a legal guardian. (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.). (f)

Aliens deemed to meet definition of child

An unmarried alien described in subsection (b) who is under the age of 18 years 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— (1)the alien obtained adjustment of status under this section; and (2)a United States citizen adopted the alien before, on, or after the date of the decision granting adjustment of status under this section. (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.).

Compliance with PAYGO

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.