II 111th CONGRESS 2d Session S. 3411 IN THE SENATE OF THE UNITED STATES May 25, 2010 Mrs. Gillibrand (for herself, Mr. Inhofe, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for adjustment of status for certain Haitian orphans paroled into the United States after the earthquake of January 12, 2010.

1.

Short title

This Act may be cited as the Help Haitian Adoptees Immediately to Integrate Act of 2010 or the Help HAITI Act of 2010.

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— (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)a 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)

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— (1)the alien obtains adjustment of status under this section; and (2)a United States citizen adopts the alien, regardless of whether the adoption occurs 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.).