Adjustment of status for eligible nationals of Ukraine

(a) Definition of eligible national of Ukraine In this section, the term eligible national of Ukraine means 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 (referred to in this section as the Secretary) and was— (A) inspected and admitted to the United States before the date of the enactment of this Act; (B) paroled into the United States after February 20, 2014; or (C) 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 (B); or (ii) the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) or (B) 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) is physically present in the United States. (b) Streamlined adjustment of status (1) In general Notwithstanding any other provision of law, the Secretary shall adjust the status of an eligible national of Ukraine to the status of an alien lawfully admitted for permanent residence if— (A) the eligible national of Ukraine— (i) submits an application for adjustment of status in accordance with procedures established by the Secretary; (ii) 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; and (iii) has complied with the vetting requirements under subsection (d) to the satisfaction of the Secretary; and (B) the Secretary determines, based on specific and individualized facts, that the adjustment of status of the eligible national of Ukraine is not contrary to the national welfare, public safety, or national security of the United States. (2) Applicability of refugee admissibility requirements The provisions of section 209(c) of the Immigration and Nationality Act (8 U.S.C. 1159(c)) (relating to the admissibility of refugees seeking adjustment of status) shall apply to applicants for adjustment of status under this section. (c) Waiver of inadmissibility (1) In general With respect to an applicant for adjustment of status under this section, subject to paragraph (2), the Secretary 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 paragraph 2(C) or (3) of that section) for humanitarian purposes, to ensure family unity, or if a waiver is otherwise in the public interest. (2) Limitations The Secretary 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 of the Secretary under any other law. (d) Interview and vetting requirements (1) In general The Secretary 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. (2) Rule of construction Nothing in this subsection may be construed to limit the authority of the Secretary to maintain records under any other law. (e) Protection for battered spouses (1) In general An alien whose marriage to an eligible national of Ukraine described in subparagraph (A) or (B) of subsection (a)(1) has been terminated shall be eligible for adjustment of status under this section as an alien described in subsection (a)(1)(C) 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 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 shall create a record of the alien’s admission as a lawful permanent resident as of the date on which the alien was first inspected and admitted or paroled into the United States. (g) Implementation (1) Interim guidance (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary 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 shall finalize the guidance implementing this section. (h) Administrative review The Secretary 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). (i) Fees (1) Prohibition on imposition of fees other than processing fees The Secretary shall not charge, in connection with an application for adjustment of status or employment authorization under this section, or with the issuance of a permanent resident card or an employment authorization document to an eligible national of Ukraine, any fee that is not specifically associated with the administrative cost of processing such application or issuing such card or document. (2) Waiver available The Secretary shall permit eligible nationals of Ukraine to apply for a waiver of any fees associated with filing an application for adjustment of status or employment authorization under this section. (j) 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 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 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))). (k) 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 2026.. (l) 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). (m) Rule of construction Nothing in this section may be construed to preclude an eligible national of Ukraine from applying for or receiving any immigration benefit to which the eligible national of Ukraine is otherwise entitled.