H.R. 9494: Haitian Refugee Immigration Fairness Act of 2026

This bill would create a special one-time path for certain Haitian nationals, and some of their family members, to become lawful permanent residents (“green card” holders) if they meet the bill’s requirements.

Who could qualify

• The person must be a national of Haiti.
• The person must have been continuously present in the United States from June 26, 2024 until the date they apply.
• Spouses, children, and unmarried sons or daughters of qualifying Haitian nationals could also qualify.

How the process would work

• Eligible people would need to apply within 3 years of the bill becoming law.
• If approved, the Department of Homeland Security would adjust their immigration status to lawful permanent resident.
• The bill says that, for people approved under this section, their permanent residence would be recorded as of the date they originally entered the United States.

Exceptions and limits

• People convicted of an aggravated felony would not be eligible.
• People convicted of two or more crimes involving moral turpitude would not be eligible.
• People who participated in persecution based on race, religion, nationality, social group, or political opinion would not be eligible.
• The bill also says certain immigration inadmissibility rules would not apply when deciding eligibility, including some related to public charge, labor-related issues, health-related grounds, unlawful presence, and certain prior immigration violations.

Effect on people with prior removal orders

• People who are already subject to an exclusion, deportation, removal, or voluntary departure order could still apply if they otherwise qualify.
• They would not need to file a separate motion to reopen or cancel that order just to submit the application.
• If the application is approved, the old removal order would be canceled.
• If the application is denied, the removal order would remain in effect.

Protection while applications are pending

• The Secretary of Homeland Security would have to create procedures for applicants with final removal orders to request a stay of removal while their application is being considered.
• People in exclusion, deportation, or removal proceedings generally could not be removed while their adjustment application is pending.
• If the application is ultimately denied, removal could proceed.
• The Secretary could allow applicants to work while their applications are pending, and would have to allow work authorization if the application has been pending for more than 180 days without denial.

Review and appeal

• Applicants would receive the same kind of administrative review available in other immigration adjustment and removal cases.
• Judicial review would follow the usual immigration court review rules, including review of constitutional claims and legal questions.

Other provisions

• The bill says the State Department would not have to reduce the number of other immigrant visas to make room for these adjustments.
• It also states that the bill does not change the government’s broader immigration enforcement powers outside this program.
• People eligible under this bill could still apply for other immigration benefits if they qualify under other laws.

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