H.R. 3104

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3104 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 3104

To provide for adjustment of status of nationals of Ukraine, and for 
other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 30, 2025

Mr. Keating (for himself, Mr. Fitzpatrick, Ms. Kaptur, and Mr. Quigley) 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ukrainian Adjustment Act of 2025''.

SEC. 2. ADJUSTMENT OF STATUS FOR ELIGIBLE UKRAINIAN NATIONALS.

(a) Streamlined Adjustment of Status for Eligible Ukrainian 
Nationals.--
(1) In general.--Notwithstanding any other provision of 
law, the Secretary of Homeland Security shall adjust the status 
of an eligible Ukrainian national described in subsection (b) 
to the status of an alien lawfully admitted for permanent 
residence if the eligible Ukrainian national--
(A) submits an application for adjustment of status 
in accordance with procedures established by the 
Secretary of Homeland Security;
(B) subject to subsection (c), is otherwise 
admissible to the United States as an immigrant, except 
that the grounds of inadmissibility under paragraphs 
(4), (5), and (7)(A) of section 212(a) the Immigration 
and Nationality Act (8 U.S.C. 1182(a)) shall not apply;
(C) has complied with the vetting requirements 
under paragraphs (1) and (2) of subsection (d) to the 
satisfaction of the Secretary of Homeland Security; and
(D) the Secretary of Homeland Security determines 
that the adjustment of status of the eligible Ukrainian 
national is not contrary to the national welfare, 
safety, or security of the United States.
(2) Applicability of refugee admissibility requirements.--
The provisions relating to admissibility for a refugee seeking 
adjustment of status under section 209(c) of the Immigration 
and Nationality Act (8 U.S.C. 1159(c)) shall apply to an 
applicant for adjustment of status under this subsection.
(b) Eligible Ukrainian National.--Notwithstanding any other 
provision of law, an eligible Ukrainian national for the purpose of 
this section is a citizen or national of Ukraine (or a person who last 
habitually resided in Ukraine) who--
(1) completed security and law enforcement background 
checks to the satisfaction of the Secretary of Homeland 
Security and was subsequently--
(A) paroled into the United States after February 
20, 2014; or
(B) paroled into the United States for the purpose 
of accompanying or following to join as--
(i) the spouse or child (as defined in 
section 101(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)(1))) of an 
individual described in subparagraph (A); or
(ii) the parent, legal guardian, or primary 
caregiver of an individual described in 
subparagraph (A) who is determined to be an 
unaccompanied child under section 462(g)(2) of 
the Homeland Security Act of 2002 (6 U.S.C. 
279(g)(2)) or section 412(d)(2)(B) of the 
Immigration and Nationality Act (8 U.S.C. 
1522(d)(2)(B)); and
(2) has not had such parole terminated by the Secretary of 
Homeland Security.
(c) Waiver.--
(1) In general.--With respect to an applicant for 
adjustment of status under this section, subject to paragraph 
(2), the Secretary of Homeland Security may waive any 
applicable ground of inadmissibility under section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other 
than paragraphs 2(C) or (3) of such section) for humanitarian 
purposes, to ensure family unity, or if a waiver is otherwise 
in the public interest.
(2) Limitations.--The Secretary of Homeland Security may 
not waive under this subsection any applicable ground of 
inadmissibility under section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) that arises due to 
criminal conduct that was committed--
(A) on or after February 20, 2014;
(B) within the United States; and
(C) by an applicant for adjustment of status under 
this section.
(3) Rule of construction.--Nothing in this subsection may 
be construed to limit any other waiver authority.
(d) Interview and Vetting Requirements.--
(1) In general.--The Secretary of Homeland Security shall 
establish vetting requirements for applicants seeking 
adjustment of status under this section that are equivalent to 
the vetting requirements for refugees admitted to the United 
States through the United States Refugee Admissions Program, 
including an interview.
(2) Rule of construction.--Nothing in this subsection may 
be construed to limit the authority of the Secretary of 
Homeland Security to maintain records under any other law.
(e) Protection for Battered Spouses.--
(1) In general.--An alien whose marriage to an eligible 
Ukrainian national described in paragraph (1)(A) of subsection 
(b) has been terminated shall be eligible for adjustment of 
status under this section as an alien described in paragraph 
(1)(B) of that subsection for not more than 2 years after the 
date on which such marriage is terminated if there is a 
demonstrated connection between the termination of the marriage 
and battering or extreme cruelty perpetrated by the principal 
applicant.
(2) Applicability of other law.--In reviewing an 
application for adjustment of status under this section with 
respect to spouses and children who have been battered or 
subjected to extreme cruelty, the Secretary of Homeland 
Security shall apply section 204(a)(1)(J) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(J)) and section 384 of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1367).
(f) Date of Approval.--Upon the approval of an application for 
adjustment of status under this section, the Secretary of Homeland 
Security shall create a record of the alien's admission as a lawful 
permanent resident as of the date on which the alien was inspected and 
admitted or paroled into the United States.
(g) Prohibition on Further Authorization of Parole.--
(1) In general.--Except as provided in paragraph (2), an 
individual who is a national of Ukraine shall not be authorized 
for an additional period of parole if such individual--
(A) is eligible to apply for adjustment of status 
under this section; and
(B) fails to submit an application for adjustment 
of status by the later of--
(i) the date that is 1 year after the date 
on which final guidance described in subsection 
(h)(2) is published; or
(ii) the date that is 1 year after the date 
on which such individual becomes eligible to 
apply for adjustment of status under this 
section.
(2) Exception.--An individual described in paragraph (1)(A) 
may be authorized for an additional period of parole if such 
individual--
(A) within the period described in paragraph 
(1)(B), seeks an extension to file an application for 
adjustment of status under this section; or
(B) has previously submitted to a vetting 
equivalent of the vetting required under subsection 
(d).
(3) Deadline for application.--Except as provided in 
paragraph (2), a national of Ukraine who does not submit an 
application for adjustment of status within the timeline 
provided in paragraph (1)(B) may not later adjust status under 
this section.
(h) Implementation.--
(1) Interim guidance.--
(A) In general.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of 
Homeland Security shall issue guidance implementing 
this section.
(B) Publication.--Notwithstanding section 553 of 
title 5, United States Code, such guidance--
(i) may be published on the internet 
website of the Department of Homeland Security; 
and
(ii) shall be effective on an interim basis 
immediately upon such publication but may be 
subject to change and revision after notice and 
an opportunity for public comment.
(2) Final guidance.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall finalize guidance implementing this section.
(i) Administrative Review.--The Secretary of Homeland Security 
shall provide applicants for adjustment of status under this section 
with the same right to, and procedures for, administrative review as 
are provided to applicants for adjustment of status under section 245 
of the Immigration and Nationality Act (8 U.S.C. 1255).
(j) Prohibition on Fees.--The Secretary of Homeland Security may 
not charge a fee to any eligible Ukrainian national in connection 
with--
(1) an application for adjustment of status or employment 
authorization under this section; or
(2) the issuance of a permanent resident card or an 
employment authorization document.
(k) Pending Applications.--During the period beginning on the date 
on which an alien files a bona fide application for adjustment of 
status under this section and ending on the date on which the Secretary 
of Homeland Security makes a final administrative decision regarding 
such application, any alien and any dependent included in such 
application who remains in compliance with all application requirements 
may not be--
(1) removed from the United States unless the Secretary of 
Homeland Security makes a prima facie determination that the 
alien is, or has become, ineligible for adjustment of status 
under this section;
(2) considered unlawfully present under section 
212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); or
(3) considered an unauthorized alien (as defined in section 
274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))).
(l) VAWA Self Petitioners.--Section 101(a)(51) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(51)) is amended--
(1) in subparagraph (F), by striking ``or'';
(2) in subparagraph (G), by striking the period at the end 
and inserting ``; or''; and
(3) by adding at the end the following:
``(H) section 2(a) of the Ukrainian Adjustment Act 
of 2025.''.
(m) Exemption From Numerical Limitations.--Aliens granted 
adjustment of status under this section shall not be subject to the 
numerical limitations under sections 201, 202, and 203 of the 
Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153).
(n) Rule of Construction.--Nothing in this section may be construed 
to preclude an eligible Ukrainian national from applying for or 
receiving any immigration benefit to which the eligible Ukrainian 
national is otherwise entitled.
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