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.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3911 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3911
To provide for adjustment of status of nationals of Ukraine, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2023
Mr. Keating (for himself, Mr. Fitzpatrick, Mr. Quigley, and Ms. Kaptur)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide for adjustment of status of nationals of Ukraine, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ukrainian Adjustment Act of 2023''.
SEC. 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)) shall not apply;
(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)) shall apply to an
applicant for adjustment of status under this subsection.
(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))) of an
individual described in subparagraph (A); or
(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)) or section 412(d)(2)(B) of the
Immigration and Nationality Act (8 U.S.C.
1522(d)(2)(B)); and
(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)) (other
than paragraphs 2(C) or (3) of such section) for humanitarian
purposes, to ensure family unity, or if a waiver is otherwise
in the public interest.
(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)) that arises due to
criminal conduct that was committed--
(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)) and section 384 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (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)); or
(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)) is amended--
(1) in subparagraph (F), by striking ``or'';
(2) in subparagraph (G), by striking the period at the end
and inserting ``; or''; and
(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, 1152, and 1153).
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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