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S. 3006 (108th): HRIFA Improvement Act of 2004

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Nov 18, 2004.

HRIFA Improvement Act of 2004 - Amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) to require determinations regarding derivative status for the children of qualifying Haitians to be made using the age of the child as of October 21, 1998. Authorizes parents or guardians of children seeking derivative status to file an adjustment application on the child's behalf if the child is physically present in the United States on the date of filing.

Authorizes the Secretary of Homeland Security or the Attorney General to waive grounds of inadmissibility not specified in HRIFA for humanitarian purposes, to assure family unity, or when otherwise in the public interest, with the exception of those grounds related to controlled substances trafficking and certain security and related matters.

Permits qualifying Haitians seeking benefits pursuant to this Act to file new status adjustment applications and motions to reopen. Extends to those who file the same protection from exclusion, deportation, removal, or enforcement of a voluntary departure order as currently applies to HRIFA beneficiaries.