SenateS. 5521119th Congress

Ukrainian Adjustment Act of 2026

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5521 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 5521

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2026

 Ms. Murkowski (for herself, Mr. Coons, and Mr. Blumenthal) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To provide for adjustment of status for eligible 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 2026''.

SEC. 2. 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.
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