II 112th CONGRESS 1st Session S. 480 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.

Short title

This Act may be cited as the Haitian Emergency Life Protection Act of 2011 or the H.E.L.P. Act.

2.

Expansion of V Visa category for Haitian immigrants

Section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended— (1)in the matter preceding clause (i), by striking section 203(a)(2)(A) that and inserting section 203(a) that, except as provided under clause (iii),; (2)by amending clause (i) to read as follows: (i)the petition is for status under section 203(a)(2)(A) and has been pending for at least 3 years; ; (3)in clause (ii)— (A)by amending the matter preceding subclause (I) to read as follows: (ii)the petition is for status under section 203(a)(2)(A), has been approved, and was filed at least 3 years previously, and ; and (B)in subclause (ii), by striking the period at the end and inserting ; or; and (4)by adding at the end the following: (iii)(I)such petition was approved on or before January 12, 2010; and (II)the alien is a national of Haiti and a resident of Haiti. .

3.

Use of secondary evidence for eligibility verification

The Secretary of State, in coordination with U.S. Citizenship and Immigration Services, may issue travel documents (including a nonimmigrant visa) to any alien in Haiti— (1)who is described in— (A)section 101(a)(15)(V)(iii) of the Immigration and Nationality Act, as added by section 2(4); or (B)section 201(b)(2)(A) of such Act (8 U.S.C. 1151(b)(2)(A)); (2)whose eligibility for such documents has been evaluated by a consular officer after reviewing the best available evidence of such eligibility, including secondary evidence, if necessary; and (3)who meets all criteria required for— (A)a family-sponsored immigrant visa under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or (B)admission into the United States as an immediate relative of a United States citizen (as defined in section 203(b)(2)(A)(i) of such Act).

4.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2011 through 2013 to process— (1)nonimmigrant visa applications authorized under section 101(a)(15)(V)(iii) of the Immigration and Nationality Act, as added by section 2(4); and (2)immigrant visa applications for immediate relatives (as defined in section 203(b)(2)(A)(i) of such Act).

5.

Sunset provision

This Act and the amendments made by this Act shall be effective during the 2-year period beginning on the date of the enactment of this Act.