S.Amdt. 1970

1. Inserts new text at the end of section 602

   Inserts

   In S. 1639 · Placed on Calendar Senate

   (10) Deposit of penalties.--Penalties collected under this paragraph shall be deposited into the Temporary Worker Program Account and shall remain available as provided under section 286(w) of the Immigration and Nationality Act.

   Inserted: (b) Special Rule for Haitian Children.--

   Inserted: (1) Adjustment of status.--The status of an alien described in paragraph (2) shall be adjusted by the Secretary of Homeland Security under this subsection, if the alien--

   Inserted: (A) applies for such adjustment prior to the date that is the later of--

   Inserted: (i) 2 years after the date of the enactment of this Act; or

   Inserted: (ii) 1 year after the date on which final regulations implementing this section are promulgated; and

   Inserted: (B) is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (6)(C)(i), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4), (5), (6)(A), (6)(C)(i), (7)(A), and (9)(B)) shall not apply.

   Inserted: (2) Eligible aliens.--An alien described in this paragraph is an alien--

   Inserted: (A) who is a national of Haiti;

   Inserted: (B) who--

   Inserted: (i) was on October 21, 1998 the child of an alien who--

   Inserted: (I) was a national of Haiti;

   Inserted: (II) was present in the United States on December 31, 1995;

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   Inserted: (III) filed for asylum before December 31, 1995; and

   Inserted: (IV) was paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest; or

   Inserted: (ii) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who--

   Inserted: (I) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival;

   Inserted: (II) became orphaned subsequent to arrival in the United States; or

   Inserted: (III) was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and

   Inserted: (IV) has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days; and

   Inserted: (C) applies for such adjustment and is physically present in the United States on the date the application is filed.

   Inserted: (3) Application submission by parent.--Notwithstanding paragraphs (1) and (2), an application under such paragraph filed based on status as a child may be filed for the benefit of such child by a parent or guardian of the child, if the child is physically present in the United States on such filing date.

   Original wording

   At the end of section 602, add the following:

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As printed