Other Forms of Relief

Relief from Removal (Deportation)

Attorney Kornfeld has worked successfully with aliens who are in removal (deportation) proceedings to obtain relief from deportation or a mitigation of the harsh consequences of leaving the United States.

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:

1. Is a national of Haiti who was physically present in the United States on December 31, 1995;
2. 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);
3. Applies for such adjustment before April 1, 2000 (this deadline may be extended);
4. Is otherwise admissible to the United States for permanent residence; and
5. Falls within one of the following five classes of persons:
   1. Haitian nationals who filed for asylum before December 31, 1995;
   2. 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;
   3. 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;
   4. 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
   5. 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:

1. Any period or periods of absence from the United States not exceeding 180 days in the aggregate;
2. 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
3. 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.

Miscellaneous Immigration Applications and Petitions

• Naturalization
• Orphan and adoption-based immigrant visa petitions
• Temporary Protected Status
• Deferred Enforced Departure

If you wish to investigate your eligibility for legal benefits discussed on this site, please consult with Attorney Monique Kornfeld:

Phone: 617-323-5049 • Email: mkornfeld@mhkimmigration.com • Newton, MA

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