Haitian Refugee Immigration Fairness Act of 1998: HRIFA

Haitian Refugee Immigration Fairness Act (HRIFA) allows for
eligible aliens from Haiti to obtain legal permanent residency.

The deadline for filing an application under HRIFA was April
1, 2000.

However, currently, there is legislation pending that would extend
this deadline.

Haitian dependent applicants (i.e., a principal applicant's spouse
or child who entered the United States at any time, or a principal
applicant's unmarried son or daughter who has been in the United
States since December 31, 1995) may continue to file applications
for adjustment of status under HRIFA, provided the principal
applicant filed his or her application on or before March 31, 2000
(or later if the legislation is approved extending the deadline).

HRIFA allows aliens from Haiti to adjust their status to legal
permanent resident if the alien:

Is a national of Haiti who was physically present in the
United States on December 31, 1995;

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 adjustment is filed (not counting any absence or
absences totaling 180 days or less in the aggregate);

Applies for such adjustment before April 1, 2000 (this
deadline may be extended);

Is otherwise admissible to the United States for permanent
residence; and

Falls within one of the following five classes of persons:

Haitian nationals who filed for asylum before
December 31, 1995;
Haitian nationals who were 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;
Haitian national children who, at the time of arrival in
the United States and on December 31, 1995, were
unmarried and under 21 years of age and who
arrived in the United States without parents in the
United States and have remained without parents in
the United States since their arrival;
Haitian national children who at the time of arrival in
the United States and on December 31, 1995, were
unmarried and under 21 years of age and who
became orphaned subsequent to arrival in the United
States; and
Haitian national children who at the time of arrival in
the United States and on December 31, 1995, were
unmarried and under 21 years of age and who were
abandoned by parents or guardians prior to April 1,
1998, and have remained abandoned since such
abandonment.

For the last three classes, the applicant must have been a
child at the time of his or her arrival in the United States,
and on December 31, 1995, but not necessarily at the time
of his or her adjustment of status.

In addition, certain family members of HRIFA beneficiaries are also
eligible for adjustment of status under HRIFA.

Regarding the physical presence requirement, the alien has been
physically present in the United States for a continuous period
beginning on December 31, 1995, and ending on the date the
application for adjustment is granted, except for the following
periods of time:

Any period or periods of absence from the United States not
exceeding 180 days in the aggregate;

Any periods of absence for which the applicant received an
Advance Authorization for Parole (Form I-512) prior to his or
her departure from the United States, provided the applicant
returned to the United States in accordance with the
conditions of such Advance Authorization for Parole; and

Any periods of absence from the United States occurring
after October 21, 1998, and before July 12, 1999, provided
the applicant departed the United States prior to December
31, 1998.