Ukrainian Adjustment Act of 2023

I 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. KAP- TUR) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ukrainian Adjustment 4 Act of 2023’’. 5 SEC. 2. ADJUSTMENT OF STATUS FOR ELIGIBLE UKRAIN- 6 IAN NATIONALS. 7 (a) STREAMLINED ADJUSTMENT OF STATUS FOR EL- 8 IGIBLE UKRAINIAN NATIONALS.— 9 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3911 IH (1) IN GENERAL.—Notwithstanding any other 1 provision of law, the Secretary of Homeland Security 2 shall adjust the status of an eligible Ukrainian na- 3 tional described in subsection (b) to the status of an 4 alien lawfully admitted for permanent residence if 5 the eligible Ukrainian national— 6 (A) submits an application for adjustment 7 of status in accordance with procedures estab- 8 lished by the Secretary of Homeland Security; 9 (B) subject to subsection (c), is otherwise 10 admissible to the United States as an immi- 11 grant, except that the grounds of inadmissibility 12 under paragraphs (4), (5), and (7)(A) of sec- 13 tion 212(a) the Immigration and Nationality 14 Act (8 U.S.C. 1182(a)) shall not apply; 15 (C) has complied with the vetting require- 16 ments under paragraphs (1) and (2) of sub- 17 section (d) to the satisfaction of the Secretary 18 of Homeland Security; and 19 (D) the Secretary of Homeland Security 20 determines that the adjustment of status of the 21 eligible Ukrainian national is not contrary to 22 the national welfare, safety, or security of the 23 United States. 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3911 IH (2) APPLICABILITY OF REFUGEE ADMISSIBILITY 1 REQUIREMENTS.—The provisions relating to admis- 2 sibility for a refugee seeking adjustment of status 3 under section 209(c) of the Immigration and Na- 4 tionality Act (8 U.S.C. 1159(c)) shall apply to an 5 applicant for adjustment of status under this sub- 6 section. 7 (b) ELIGIBLE UKRAINIAN NATIONAL.—Notwith- 8 standing any other provision of law, an eligible Ukrainian 9 national for the purpose of this section is a citizen or na- 10 tional of Ukraine (or a person who last habitually resided 11 in Ukraine) who— 12 (1) completed security and law enforcement 13 background checks to the satisfaction of the Sec- 14 retary of Homeland Security and was subse- 15 quently— 16 (A) paroled into the United States after 17 February 20, 2014; or 18 (B) paroled into the United States for the 19 purpose of accompanying or following to join 20 as— 21 (i) the spouse or child (as defined in 22 section 101(b)(1) of the Immigration and 23 Nationality Act (8 U.S.C. 1101(b)(1))) of 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3911 IH an individual described in subparagraph 1 (A); or 2 (ii) the parent, legal guardian, or pri- 3 mary caregiver of an individual described 4 in subparagraph (A) who is determined to 5 be an unaccompanied child under section 6 462(g)(2) of the Homeland Security Act of 7 2002 (6 U.S.C. 279(g)(2)) or section 8 412(d)(2)(B) of the Immigration and Na- 9 tionality Act (8 U.S.C. 1522(d)(2)(B)); 10 and 11 (2) has not had such parole terminated by the 12 Secretary of Homeland Security. 13 (c) WAIVER.— 14 (1) IN GENERAL.—With respect to an applicant 15 for adjustment of status under this section, subject 16 to paragraph (2), the Secretary of Homeland Secu- 17 rity may waive any applicable ground of inadmis- 18 sibility under section 212(a) of the Immigration and 19 Nationality Act (8 U.S.C. 1182(a)) (other than 20 paragraphs 2(C) or (3) of such section) for humani- 21 tarian purposes, to ensure family unity, or if a waiv- 22 er is otherwise in the public interest. 23 (2) LIMITATIONS.—The Secretary of Homeland 24 Security may not waive under this subsection any 25 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3911 IH applicable ground of inadmissibility under section 1 212(a)(2) of the Immigration and Nationality Act (8 2 U.S.C. 1182(a)(2)) that arises due to criminal con- 3 duct that was committed— 4 (A) on or after February 20, 2014; 5 (B) within the United States; and 6 (C) by an applicant for adjustment of sta- 7 tus under this section. 8 (3) RULE OF CONSTRUCTION.—Nothing in this 9 subsection may be construed to limit any other waiv- 10 er authority. 11 (d) INTERVIEW AND VETTING REQUIREMENTS.— 12 (1) IN GENERAL.—The Secretary of Homeland 13 Security shall establish vetting requirements for ap- 14 plicants seeking adjustment of status under this sec- 15 tion that are equivalent to the vetting requirements 16 for refugees admitted to the United States through 17 the United States Refugee Admissions Program, in- 18 cluding an interview. 19 (2) RULE OF CONSTRUCTION.—Nothing in this 20 subsection may be construed to limit the authority 21 of the Secretary of Homeland Security to maintain 22 records under any other law. 23 (e) PROTECTION FOR BATTERED SPOUSES.— 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3911 IH (1) IN GENERAL.—An alien whose marriage to 1 an eligible Ukrainian national described in para- 2 graph (1)(A) of subsection (b) has been terminated 3 shall be eligible for adjustment of status under this 4 section as an alien described in paragraph (1)(B) of 5 that subsection for not more than 2 years after the 6 date on which such marriage is terminated if there 7 is a demonstrated connection between the termi- 8 nation of the marriage and battering or extreme cru- 9 elty perpetrated by the principal applicant. 10 (2) APPLICABILITY OF OTHER LAW.—In review- 11 ing an application for adjustment of status under 12 this section with respect to spouses and children who 13 have been battered or subjected to extreme cruelty, 14 the Secretary of Homeland Security shall apply sec- 15 tion 204(a)(1)(J) of the Immigration and Nation- 16 ality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 17 of the Illegal Immigration Reform and Immigrant 18 Responsibility Act of 1996 (8 U.S.C. 1367). 19 (f) DATE OF APPROVAL.—Upon the approval of an 20 application for adjustment of status under this section, the 21 Secretary of Homeland Security shall create a record of 22 the alien’s admission as a lawful permanent resident as 23 of the date on which the alien was inspected and admitted 24 or paroled into the United States. 25 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3911 IH (g) PROHIBITION ON FURTHER AUTHORIZATION OF 1 PAROLE.— 2 (1) IN GENERAL.—Except as provided in para- 3 graph (2), an individual who is a national of 4 Ukraine shall not be authorized for an additional pe- 5 riod of parole if such individual— 6 (A) is eligible to apply for adjustment of 7 status under this section; and 8 (B) fails to submit an application for ad- 9 justment of status by the later of— 10 (i) the date that is 1 year after the 11 date on which final guidance described in 12 subsection (h)(2) is published; or 13 (ii) the date that is 1 year after the 14 date on which such individual becomes eli- 15 gible to apply for adjustment of status 16 under this section. 17 (2) EXCEPTION.—An individual described in 18 paragraph (1)(A) may be authorized for an addi- 19 tional period of parole if such individual— 20 (A) within the period described in para- 21 graph (1)(B), seeks an extension to file an ap- 22 plication for adjustment of status under this 23 section; or 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3911 IH (B) has previously submitted to a vetting 1 equivalent of the vetting required under sub- 2 section (d). 3 (3) DEADLINE FOR APPLICATION.—Except as 4 provided in paragraph (2), a national of Ukraine 5 who does not submit an application for adjustment 6 of status within the timeline provided in paragraph 7 (1)(B) may not later adjust status under this sec- 8 tion. 9 (h) IMPLEMENTATION.— 10 (1) INTERIM GUIDANCE.— 11 (A) IN GENERAL.—Not later than 180 12 days after the date of the enactment of this 13 Act, the Secretary of Homeland Security shall 14 issue guidance implementing this section. 15 (B) PUBLICATION.—Notwithstanding sec- 16 tion 553 of title 5, United States Code, such 17 guidance— 18 (i) may be published on the internet 19 website of the Department of Homeland 20 Security; and 21 (ii) shall be effective on an interim 22 basis immediately upon such publication 23 but may be subject to change and revision 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3911 IH after notice and an opportunity for public 1 comment. 2 (2) FINAL GUIDANCE.—Not later than 1 year 3 after the date of the enactment of this Act, the Sec- 4 retary of Homeland Security shall finalize guidance 5 implementing this section. 6 (i) ADMINISTRATIVE REVIEW.—The Secretary of 7 Homeland Security shall provide applicants for adjust- 8 ment of status under this section with the same right to, 9 and procedures for, administrative review as are provided 10 to applicants for adjustment of status under section 245 11 of the Immigration and Nationality Act (8 U.S.C. 1255). 12 (j) PROHIBITION ON FEES.—The Secretary of Home- 13 land Security may not charge a fee to any eligible Ukrain- 14 ian national in connection with— 15 (1) an application for adjustment of status or 16 employment authorization under this section; or 17 (2) the issuance of a permanent resident card 18 or an employment authorization document. 19 (k) PENDING APPLICATIONS.—During the period be- 20 ginning on the date on which an alien files a bona fide 21 application for adjustment of status under this section and 22 ending on the date on which the Secretary of Homeland 23 Security makes a final administrative decision regarding 24 such application, any alien and any dependent included 25 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3911 IH in such application who remains in compliance with all ap- 1 plication requirements may not be— 2 (1) removed from the United States unless the 3 Secretary of Homeland Security makes a prima facie 4 determination that the alien is, or has become, ineli- 5 gible for adjustment of status under this section; 6 (2) considered unlawfully present under section 7 212(a)(9)(B) of the Immigration and Nationality 8 Act (8 U.S.C. 1182(a)(9)(B)); or 9 (3) considered an unauthorized alien (as de- 10 fined in section 274A(h)(3) of the Immigration and 11 Nationality Act (8 U.S.C. 1324a(h)(3))). 12 (l) VAWA SELF PETITIONERS.—Section 101(a)(51) 13 of the Immigration and Nationality Act (8 U.S.C. 14 1101(a)(51)) is amended— 15 (1) in subparagraph (F), by striking ‘‘or’’; 16 (2) in subparagraph (G), by striking the period 17 at the end and inserting ‘‘; or’’; and 18 (3) by adding at the end the following: 19 ‘‘(H) section 2(a) of the Ukrainian Adjust- 20 ment Act of 2023.’’. 21 (m) EXEMPTION FROM NUMERICAL LIMITATIONS.— 22 Aliens granted adjustment of status under this section 23 shall not be subject to the numerical limitations under sec- 24 VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3911 IH tions 201, 202, and 203 of the Immigration and Nation- 1 ality Act (8 U.S.C. 1151, 1152, and 1153). 2 (n) RULE OF CONSTRUCTION.—Nothing in this sec- 3 tion may be construed to preclude an eligible Ukrainian 4 national from applying for or receiving any immigration 5 benefit to which the eligible Ukrainian national is other- 6 wise entitled. 7 Æ VerDate Sep 11 2014 21:02 Jul 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H3911.IH H3911 pbinns on DSKJLVW7X2PROD with $$_JOB