HRIFA

AcronymDefinition
HRIFAHaitian Refugee Immigration Fairness Act of 1998
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(101) Congress enacted HRIFA for humanitarian reasons: to
(103) HRIFA enabled Haitians to adjust their status to become
Citizenship and Immigration Services (USCIS), formerly part of the Immigration and Naturalization Service, had received a total of 41,370 HRIFA applications and had approved 18,886 of these applications.
This Note further argues that even if the intent of Congress is not clear and the Acts are ambiguous as to waivers of the HIV exclusion, the INS's regulations for HIV-positive applicants are unreasonable in light of Congress's humanitarian purposes in enacting HRIFA and NACARA.
The key phrase in the Acts relevant to the HIV exclusion is that applicants must be "otherwise admissible," which indicates that the grounds for inadmissibility of immigrants under the INA (including the HIV exclusion) apply to HRIFA and NACARA applicants.(33) The Acts explicitly waive some of the inadmissibility grounds, including the likelihood of becoming a public charge, failure to obtain a labor certification, entering the country illegally, and violating documentary requirements for entry.(34) The Acts do not waive the HIV exclusion, however, and do not specify which waiver should be available for HIV-positive applicants; in fact, the Acts do not mention HIV or the public health exclusion at all.
1645 also included provisions that would have allowed HRIFA
454 would have amended HRIFA to provide that determinations with
The following year, Congress enacted the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998 (S.
1645 also included provisions that would have allowed HRIFA adjustments to encompass a child of an applicant based on the child's age and status on October 21, 1998.
citizens 439,972 483,676 Spouses 268,294 293,219 Children 91,275 96,941 Parents 80,403 93,516 Refugees 96,870 115,601 Asylees 11,111 10,197 Diversity 41,989 42,820 Cancellation of removal 22,188 23,642 Parolees 5,349 6,018 Nicaraguan Adjustment and 18,663 9,307 Central American Relief Act (NACARA) Haitian Refugee Immigration 10,064 5,345 Fairness Act (HRIFA) Other 2,295 2,056 Total 1,058,902 1,059,356 Type and Class of Admission 2003 2004 Family-sponsored preferences 158,796 214,355 First 21,471 26,380 Second 53,195 93,609 Third 27,287 28,695 Fourth 56,843 65,671 Employment-based preferences 81,727 155,330 First 14,453 31,291 Second 15,406 32,534 Third 46,415 85,969 Fourth 5,389 5,407 Fifth 64 129 Immediate relatives of U.S.
citizens: 439,972 483,676 Spouses 268,294 293,219 Children 91,275 96,941 Parents 80,403 93,516 Refugees 96,870 115,601 Asylees 11,111 10,197 Diversity 41,989 42,820 Cancellation of removal 22,188 23,642 Parolees 5,349 6,018 Nicaraguan Adjustment and Central American Relief Act (NACARA) 18,663 9,307 Haitian Refugee Immigration Fairness Act (HRIFA) 10,064 5,345 Other 2,295 2,056 Total 1,058,902 1,059,356 Type and class of admission 2003 2004 Family-sponsored preferences 158,796 214,355 First 21,471 26,380 Second 53,195 93,609 Third 27,287 28,695 Fourth 56,843 65,671 Employment-based preferences 81,727 155,330 First 14,453 31,291 Second 15,406 32,534 Third 46,415 85,969 Fourth 5,389 5,407 Fifth 64 129 Immediate relatives of U.S.
Subsequently, Congress enacted the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998, which allows certain specified Haitians to adjust to LPR status, as part of the FY1999 omnibus appropriations act (P.L.