The Haitian Refugee Immigration Act (HRIFA) of 1998 established a means in which nationals or citizens of Haiti may apply for lawful permanent residents in the United States, provided that he or she was present in the United States on December 31, 1995. The Haitian national or citizen must have resided in the United States for a continuous period beginning on the above date and ending no earlier than the date of petition to adjust status. Periods of more than 180 days absence in the United States will render a Haitian applicant ineligible to apply. The petition to adjustment status must be filed before April 1, 2000 and be admissible to the United States under the Immigration and Naturalization Act except for the following HRIFA exemptions: 1) public charge; 2) lack of labor certification; 3) present without admission or parole; 4) lack of valid immigrant visa; and 5) unlawful presence.

Certain Haitian nationals or citizens meet the requirements under HRIFA:

I.    Haitian nationals who filed for asylum before December 31, 1995;

II.   Haitians 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;

III.  Haitian national children who arrived in the United States without parents and have remained without parents in the United States since arrival;

IV.  Haitian national children who became orphaned subsequent to arrival in the United States;

V.   Haitian national children who were abandoned by their parents or guardians prior to April 1, 1998, and have remained abandoned since this abandonment.

Haitian nationals or citizens eligible for immigration under HRIFA may apply for employment authorization and advanced parole to travel while the adjustment of status application is pending.

Contact our office for more information at (800) 733-0849 or email us to schedule a free consultation:

information@cannlaw.com.