Extends the admission date for permanent residence for certain aliens.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 152
To adjust the status of certain aliens with longstanding ties to the
United States to that of an alien lawfully admitted to permanent
residence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Pastor (for himself and Mr. Gutierrez) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To adjust the status of certain aliens with longstanding ties to the
United States to that of an alien lawfully admitted to permanent
residence, 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 ``Immigration Adjustment Act of
2003''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act.
TITLE I--ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED ALIENS
SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 1,
2001, TO THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE.
(a) In General.--Chapter 4 of title II is amended by inserting
after section 245A the following:
``adjustment of status of certain entrants before january 1, 2001, to
that of person admitted for lawful residence
``Sec. 245B. (a) Resident Status.--
``(1) In general.--The Attorney General shall adjust the
status of an alien to that of an alien lawfully admitted for
permanent residence if the alien meets the requirements of this
subsection.
``(2) Timely application.--
``(A) During application period.--Except as
provided in subparagraph (B), the alien must apply for
such adjustment during the 18-month period beginning on
a date (not later than 360 days after date of
enactment) designated by the Attorney General.
``(B) Application within 30 days of notice to
appear.--An alien who, at any time during the first 17
months of the 18-month period described in subparagraph
(A), is the subject of a notice to appear issued under
section 239, must make application under subsection (b)
not later than the end of the 30-day period beginning
either on the first day of such 18-month period or on
the date of the issuance of such notice, whichever day
is later.
``(C) Information included in application.--Each
application under subsection (c) shall contain such
information as the Attorney General may require,
including information on living relatives of the
applicant with respect to whom a petition for
preference or other status may be filed by the
applicant at any later date under section 204(a).
``(3) Continuous residence.--
``(A) In general.--
``(i) Continuous residence.--The alien must
establish that the alien entered the United
States before January 1, 2001, and has resided
continuously in the United States since such
date and through the date the application is
filed under this subsection.
``(ii) 5 years.--The alien must establish
continuous residence in the United States
immediately preceding the 5-year period ending
on the date on which the alien becomes eligible
for adjustment of status under this subsection.
``(iii) Treatment of certain absences.--An
alien shall not be considered to have lost
continuous residence by reason of an absence
from the United States permitted under
subsection (b)(9).
``(B) Exchange visitors.--If the alien was at any
time a nonimmigrant exchange alien (as defined in
section 101(a)(15)(J)), the alien must establish that
the alien was not subject to the two-year foreign
residence requirement of section 212(e) or has
fulfilled that requirement or received a waiver
thereof.
``(4) Continuous physical presence since date of
enactment.--
``(A) In general.--The alien must establish that
the alien has been continuously physically present in
the United States since the date of the enactment of
this section.
``(B) Treatment of brief, casual, and innocent
absences.--An alien shall not be considered to have
failed to maintain continuous physical presence in the
United States for purposes of subparagraph (A) by
virtue of an absence, or absences, from the United
States for any periods in the aggregate not exceeding
180 days.
``(C) Admissions.--Nothing in this section shall be
construed as authorizing an alien to apply for
admission to, or to be admitted to, the United States
in order to apply for adjustment of status under this
subsection.
``(5) Admissible as immigrant.--The alien must establish
that the alien--
``(A) is admissible to the United States as an
immigrant, except as otherwise provided under
subsection (c)(2); and
``(B) has not been convicted of any felony or three
or more misdemeanors committed in the United States.
``(6) Basic citizenship skills.--
``(A) In general.--The alien must demonstrate that
he either--
``(i) meets the requirements of section
312(a) (relating to minimal understanding of
ordinary English and a knowledge and
understanding of the history and government of
the United States); or
``(ii) is satisfactorily pursuing a course
of study (recognized by the Attorney General)
to achieve such an understanding of English and
such a knowledge and understanding of the
history and government of the United States.
``(B) Exceptions.--
``(i) Disabilities.--Subparagraph (A) shall
not apply to a person who is unable because of
physical or developmental disability or mental
impairment to comply with such subparagraph.
``(ii) Age.--The Attorney General may, in
the Attorney General's discretion, waive all or
part of the requirements of subparagraph (A) in
the case of an alien who is 65 years of age or
older.
``(C) Relation to naturalization examination.--In
accordance with regulations of the Attorney General, an
alien who has demonstrated under subparagraph (A)(i)
that the alien meets the requirements of section 312(a)
may be considered to have satisfied the requirements of
that section for purposes of becoming naturalized as a
citizen of the United States under title III.
``(b) Applications for Adjustment of Status.--
``(1) Conditions for acceptance of application.--An
application shall be accepted under this subsection upon a
determination that the applicant is prima facie eligible for
adjustment of status under subsection (a), which determination
shall not be made before, at a minimum, the identity of the
applicant has been checked against all appropriate electronic
databases maintained by the Attorney General and by the
Secretary of State and appropriate foreign entities or
international law enforcement databases to determine any
grounds on which the alien may be inadmissible to the United
States that may not be waived under subsection (c)(2).
``(2) To whom may be made.--
``(A) In general.--The Attorney General shall
provide that applications for adjustment of status
under subsection (a) may be filed--
``(i) with the Attorney General, or
``(ii) with a qualified designated entity,
but only if the applicant consents to the
forwarding of the application to the Attorney
General.
``(B) Definition.--As used in this section, the
term `qualified designated entity' means an
organization or person designated under paragraph (3).
``(3) Designation of qualified entities to receive
applications.--For purposes of assisting in the program of
legalization provided under this section, the Attorney
General--
``(A) shall designate qualified voluntary
organizations and other qualified State, local, and
community organizations, and
``(B) may designate such other persons as the
Attorney General determines are qualified and have
substantial experience, demonstrated competence, and
traditional long-term involvement in the preparation
and submittal of applications for adjustment of status
under section 209 or 245, Public Law 89-732, or Public
Law 95-145.
``(4) Treatment of applications by designated entities.--
Each qualified designated entity must agree to forward to the
Attorney General applications filed with it in accordance with
paragraph (2)(A)(ii) but not to forward to the Attorney General
applications filed with it unless the applicant has consented
to such forwarding. No such entity may make a determination
required by this section to be made by the Attorney General.
``(5) Limitation on access to information.--Files and
records of qualified designated entities relating to an alien's
seeking assistance or information with respect to filing an
application under this section are confidential and the
Attorney General and the Service shall not have access to such
files or records relating to an alien without the consent of
the alien.
``(6) Confidentiality of information.--
``(A) In general.--Except as provided in this
paragraph, neither the Attorney General, nor any other
official or employee of the Department of Justice, or bureau or agency
thereof, may--
``(i) use the information furnished by the
applicant pursuant to an application filed
under this section for any purpose other than
to make a determination on the application, for
enforcement of paragraph (7);
``(ii) make any publication whereby the
information furnished by any particular
applicant can be identified; or
``(iii) permit anyone other than the sworn
officers and employees of the Department or
bureau or agency or, with respect to
applications filed with a designated entity,
that designated entity, to examine individual
applications.
``(B) Required disclosures.--The Attorney General
shall provide the information furnished under this
section, and any other information derived from such
furnished information, to a duly recognized law
enforcement entity in connection with a criminal
investigation or prosecution, when such information is
requested in writing by such entity, or to an official
coroner for purposes of affirmatively identifying a deceased individual
(whether or not such individual is deceased as a result of a crime).
``(C) Authorized disclosures.--The Attorney General
may provide, in the Attorney General's discretion, for
the furnishing of information furnished under this
section in the same manner and circumstances as census
information may be disclosed by the Secretary of
Commerce under section 8 of title 13, United States
Code.
``(D) Construction.--
``(i) In general.--Nothing in this
paragraph shall be construed to limit the use,
or release, for immigration enforcement
purposes or law enforcement purposes of
information contained in files or records of
the Service pertaining to an application filed
under this section, other than information
furnished by an applicant pursuant to the
application, or any other information derived
from the application, that is not available
from any other source.
``(ii) Criminal convictions.--Information
concerning whether the applicant has at any
time been convicted of a crime may be used or
released for immigration enforcement or law
enforcement purposes.
``(E) Crime.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
paragraph shall be fined not more than $10,000.
``(7) Penalties for false statements in applications.--
Whoever files an application for adjustment of status under
this section and knowingly and willfully falsifies,
misrepresents, conceals, or covers up a material fact or makes
any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or document
knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned not more than
five years, or both.
``(8) Application fees.--
``(A) Fee schedule.--The Attorney General shall
provide for a schedule of fees to be charged for the
filing of applications for adjustment under this
section. Such fees shall not exceed the Attorney
General's costs in adjudicating the applications.
``(B) Use of fees.--The Attorney General shall
deposit payments received under this paragraph in a
separate account and amounts in such account shall be
available, without fiscal year limitation, to cover
administrative and other expenses incurred in
connection with the review of applications filed under
this subsection.
``(9) Authorized travel and employment.--During the period
after an alien has submitted an application under this
subsection and before the Attorney General has rendered a
decision to accept or reject such application, and during the
period after the acceptance of an alien's application under
this subsection and before the Attorney General has rendered a
final decision granting or denying such application, the
Attorney General--
``(A) shall not remove the alien from the United
States;
``(B) shall, in accordance with regulations, permit
the alien to return to the United States after such
brief and casual trips abroad as reflect an intention
on the part of the alien to adjust to lawful permanent
resident status under subsection (a) and after brief
temporary trips abroad occasioned by a family
obligation involving an occurrence such as the illness
or death of a close relative or other family need; and
``(C) shall grant the alien authorization to engage
in employment in the United States and provide to that
alien an `employment authorized' endorsement or other
appropriate work permit for 12 months, renewable at 6-
month intervals, until a final ruling on the
application is made.
``(c) Waiver of Numerical Limitations and Certain Grounds for
Inadmissibility.--
``(1) Numerical limitations do not apply.--The numerical
limitations of sections 201 and 202 shall not apply to the
adjustment of aliens to lawful permanent resident status under
subsection (a) or (g).
``(2) Treatment of grounds for inadmissibility.--
``(A) Inapplicable grounds for inadmissibility.--In
the determination of an alien's admissibility under
subsection (a), the provisions of paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) shall not
apply.
``(B) Waiver of grounds for inadmissibility.--
``(i) In general.--Except as provided in
clause (ii), the Attorney General may waive any
other provision of section 212(a) in the case
of individual aliens for humanitarian purposes,
to assure family unity, or when it is otherwise
in the public interest.
``(ii) Grounds that may not be waived.--The
following provisions of section 212(a) may not
be waived by the Attorney General under clause
(i):
``(I) Paragraphs (2)(A) and (2)(B)
(relating to criminals).
``(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a
single offense of simple possession of
30 grams or less of marijuana.
``(III) Paragraph (3) (relating to
security and related grounds).
``(C) Medical examination.--The alien shall be
required, at the alien's expense, to undergo such a
medical examination (including a determination of
immunization status) as is appropriate and conforms to
generally accepted professional standards of medical
practice.
``(d) Temporary Stay of Deportation and Work Authorization Before
Application Period.--The Attorney General may provide that in the case
of an alien who is apprehended before the beginning of the application
period described in subsection (a)(2)(A) and who can establish a prima
facie case of eligibility to have his status adjusted under subsection
(a) or (g) (but for the fact that the alien may not apply for such
adjustment until the beginning of such period), until the alien has had
the opportunity during the first 30 days of the application period to
complete the filing of an application for adjustment, the alien--
``(1) may not be removed from the United States; and
``(2) shall be granted authorization to engage in
employment in the United States and be provided an `employment
authorized' endorsement or other appropriate work permit.
``(e) Administrative and Judicial Review.--
``(1) Administrative and judicial review.--There shall be
no administrative or judicial review of a determination
respecting an application for adjustment of status under
subsection (a) or (g) except in accordance with this
subsection.
``(2) No review for late filings.--No denial of adjustment
of status under subsection (a) or (g) based on a late filing of
an application for such adjustment may be reviewed by a court
of the United States or of any State or reviewed in any
administrative proceeding of the United States Government.
``(3) Administrative review.--
``(A) Single level of administrative appellate
review.--The Attorney General shall establish an
appellate authority to provide for a single level of
administrative appellate review of a determination
described in paragraph (1).
``(B) Standard for review.--Such administrative
appellate review shall be based solely upon the
administrative record established at the time of the
determination on the application and upon such
additional or newly discovered evidence as may not have
been available at the time of the determination.
``(4) Judicial review.--
``(A) Limitation to review of deportation.--There
shall be judicial review of such a denial only in the
judicial review of an order of removal under section
242.
``(B) Standard for judicial review.--Such judicial
review shall be based solely upon the administrative
record established at the time of the review by the
appellate authority and the findings of fact and
determinations contained in such record shall be
conclusive unless the applicant can establish abuse of
discretion or that the findings are directly contrary
to clear and convincing facts contained in the record
considered as a whole.
``(C) Jurisdiction of courts.--Notwithstanding any
other provision of law, no court shall have
jurisdiction of any cause of action or claim by or on
behalf of any person asserting an interest under this
section unless such person in fact filed an application
under this section within the period specified by
subsection (a)(2) attempted to file a complete
application and application fee with an authorized
legalization officer of the Service but had the
application and fee refused by that officer.
``(f) Implementation of Section.--
``(1) Regulations.--The Attorney General, after
consultation with the Committees on the Judiciary of the House
of Representatives and of the Senate, shall prescribe--
``(A) regulations establishing a definition of the
term `continuous residence', as used in this section,
and the evidence needed to establish that an alien has
resided continuously in the United States for purposes
of this section; and
``(B) such other regulations as may be necessary to
carry out this section.
``(2) Considerations.--In prescribing regulations described
in paragraph (1)(A)--
``(A) Periods of continuous residence.--The
Attorney General shall specify individual periods, and
aggregate periods, of absence from the United States
which will be considered to break a period of
continuous residence in the United States and shall
take into account absences due merely to brief and
casual trips abroad.
``(B) Absences caused by removal or advanced
parole.--The Attorney General shall provide that--
``(i) an alien shall not be considered to
have resided continuously in the United States,
if, during any period for which continuous
residence is required, the alien was outside
the United States as a result of a departure
under an order of removal or deportation; and
``(ii) any period of time during which an
alien is outside the United States pursuant to
the advance parole procedures of the Service
shall not be considered as part of the period
of time during which an alien is outside the
United States for purposes of this section.
``(C) Waivers of certain absences.--The Attorney
General shall provide for a waiver, in the discretion
of the Attorney General, of the periods specified under
subparagraph (A) in the case of an absence from the
United States due merely to a brief temporary trip
abroad required by emergency or extenuating
circumstances outside the control of the alien.
``(D) Use of certain documentation.--The Attorney
General shall require that--
``(i) continuous residence and physical
presence in the United States must be
established through documents, together with
independent corroboration of the information
contained in such documents; and
``(ii) the documents provided under clause
(i) be employment-related if employment-related
documents with respect to the alien are
available to the applicant.
``(3) Interim final regulations.--Regulations prescribed
under this section may be prescribed to take effect on an
interim final basis if the Attorney General determines that
this is necessary in order to implement this section in a
timely manner.
``(g) Adjustment of Status for Spouses and Children.--
``(1) In general.--The status of an alien shall be adjusted
by the Attorney General to that of an alien lawfully admitted
for permanent residence concurrently with the adjustment of the
principal alien, if--
``(A) the alien is the spouse or child of an alien
whose status is adjusted to that of an alien lawfully
admitted for permanent residence under subsection (a);
``(B) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
``(C) the alien is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
inadmissibility specified in paragraphs (4), (5),
(6)(A), (7)(A), and (9)(B) of section 212(a) shall not
apply; and
``(D) the alien applies for such adjustment before
the expiration of the application period specified in
subsection (a)(2)(A).
``(2) Determination of whether applicant is a child.--For
purposes of paragraph (1)(A), a determination of whether an
alien is a child shall be made using the age of the alien on
the date on which the alien's application under this subsection
is filed.
``(h) Inapplicability of Removal Order Reinstatement.--Section
241(a)(5) shall not apply with respect to an alien who is applying for
adjustment of status under this section.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 245A the following:
``Sec. 245B. Adjustment of status of certain entrants before January 1,
2001, to that of person admitted for lawful
residence.''.
TITLE II--REGISTRY DATE CHANGE
SEC. 201. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A
RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN
ALIENS.
(a) In General.--Section 249 (8 U.S.C. 1259) is amended--
(1) in the section heading, by striking ``january 1, 1972''
and inserting ``january 1, 2001''; and
(2) in subsection (a), by striking ``January 1, 1972;'' and
inserting ``January 1, 2001;''.
(b) Clerical Amendment.--The table of contents is amended in the
item relating to section 249 by striking ``January 1, 1972'' and
inserting ``January 1, 2001''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on January 1, 2007.
TITLE III--MISCELLANEOUS
SEC. 301. REGULATIONS.
The Attorney General shall promulgate regulations to implement this
Act not more than 90 days after the date of the enactment of this Act.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 303. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall take effect on the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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