Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997

Summary: Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness for Immigrants Facing 
Persecution in Their Native Country Act of 1997''.
    Sec. 2. (a) Section 240A, subsection (e), of the Immigration and 
Nationality Act is amended--
            (1) in the first sentence, by striking ``this section'' and 
        inserting in lieu thereof ``section 240A(b)(1)'';
            (2) by striking ``, nor suspend the deportation and adjust 
        the status under section 244(a) (as in effect before the 
        enactment of the Illegal Immigration Reform and Immigrant 
        Responsibility act of 1996),''; and
            (3) by striking the last sentence in the subsection and 
        inserting in lieu thereof ``The previous sentence shall apply 
        only to removal cases commenced on or after April 1, 1997, 
        including cases where the Attorney General exercises authority 
        pursuant to paragraph (2) or (3) of section 309(c) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (P.L. 104-208, Division C, 110 Stat. 3009).''.
    (b) Section 309, subsection (c), of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 
Stat. 3009) is amended by striking paragraph (7).
    (c) Section 240A of the Immigration and Nationality Act is 
amended--
            (1) in subsection (b), paragraph (3), by striking ``(1) or 
        (2)'' in the first and third sentences of that paragraph and 
        inserting in lieu thereof ``(1), (2), or (3)'';
            (2) in subsection (b), by redesignating paragraph (3) as 
        paragraph (4);
            (3) in subsection (d), paragraph (1), by striking ``this 
        section.'' and inserting in lieu thereof ``subsections (a), 
        (b)(1), and (b)(2).''; and
            (4) in subsection (b), by adding after paragraph (2) the 
        following new paragraph:
            ``(3) Special rule for certain aliens.--
                    ``(A) The Attorney General may, in his or her 
                discretion, cancel removal and adjust the status from 
                such cancellation in the case of an alien who is 
                removable from the United States if the alien 
                demonstrates that--
                            ``(i) the alien has not been convicted at 
                        any time of an aggravated felony, and--
                                    ``(I) is a Haitian--
                                            ``(aa) who filed an 
                                        application for asylum with the 
                                        Immigration and Naturalization 
                                        Service before October 15, 
                                        1994, and the Immigration and 
                                        Naturalization Service had not 
                                        granted, denied, or referred 
                                        that application as of April 1, 
                                        1997; or
                                            ``(bb) who was paroled into 
                                        the United States prior to 
                                        October 15, 1994, to file an 
                                        application for asylum;
                                    ``(II) was not apprehended after 
                                December 19, 1990, at the time of 
                                entry, and is either--
                                            ``(aa) a Salvadoran 
                                        national who first entered the 
                                        United States on or before 
                                        September 19, 1990, who 
                                        registered for benefits 
                                        pursuant to the ABC settlement 
                                        agreement on or before October 
                                        31, 1991, or applied for 
                                        Temporary Protected Status on 
                                        or before October 31, 1991; or
                                            ``(bb) a Guatemalan 
                                        national who first entered the 
                                        United States on or before 
                                        October 1, 1990, and who 
                                        registered for benefits 
                                        pursuant to the ABC settlement 
                                        agreement by December 31, 1991; 
                                        or
                                            ``(cc) the spouse or 
                                        unmarried son or daughter of an 
                                        alien described in (aa) who 
                                        entered the United States on or 
                                        before September 19, 1990, or 
                                        the spouse or unmarried son or 
                                        daughter of an alien described 
                                        in (bb) who entered the United 
                                        States on or before October 1, 
                                        1990; or
                                    ``(III) is a Nicaraguan, 
                                Guatemalan, or Salvadoran who filed an 
                                application for asylum with the 
                                Immigration and Naturalization Service 
                                before April 1, 1990, and the 
                                Immigration and Naturalization Service 
                                had not granted, denied, or referred 
                                that application as of April 1, 1997; 
                                and
                            ``(ii) the alien is not described in 
                        paragraph (4) of section 237(a) or paragraph 
                        (3) of section 212(a) of the Act; and
                            ``(iii) the alien--
                                    ``(I) is removable under any law of 
                                the United States except the provisions 
                                specified in subclause (II) of this 
                                clause, has been physically present in 
                                the United States for a continuous 
                                period of not less than seven years 
                                immediately preceding the date of such 
                                application, and proves that during all 
                                of such period he was and is a person 
                                of good moral character, and is a 
                                person whose removal would, in the 
                                opinion of the Attorney General, result 
                                in extreme hardship to the alien or to 
                                his spouse, parent, or child, who is a 
                                citizen of the United States or an 
                                alien lawfully admitted for permanent 
                                residence; or
                                    ``(II) is removable under paragraph 
                                (2) (other than section 
                                237(a)(2)(A)(iii)) of section 237(a), 
                                paragraph (3) of section 237(a), or 
                                paragraph (2) of section 212(a), has 
                                been physically present in the United 
                                States for a continuous period of not 
                                less than 10 years immediately 
                                following the commission of an act, or 
                                the assumption of a status, 
                                constituting a ground for deportation, 
                                and proves that during all of such 
                                period he has been and is a person of 
                                good moral character, and is a person 
                                whose removal would, in the opinion of 
                                the Attorney General, result in 
                                exceptional and extremely unusual 
                                hardship to the alien or to his spouse, 
                                parent or child, who is a citizen of 
                                the United States, or an alien lawfully 
                                admitted for permanent residence.
                    ``(B) Subsection (d) of this section shall not 
                apply to determinations under this paragraph, and an 
                alien shall not be considered to have failed to 
                maintain continuous physical presence in the United 
                States under clause (A)(iii) of this paragraph if the 
                alien demonstrates that the absence from the United 
                States was brief, casual, and innocent, and did not 
                meaningfully interrupt the continuous physical 
                presence.''.
    (d) The amendments made by this section shall be effective as if 
included in the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).
    Sec. 3. Any alien who has become eligible for suspension of 
deportation or cancellation of removal as a result of the amendments 
made by section 2, may, notwithstanding any other limitations on 
motions to reopen imposed by the Immigration and Nationality Act or by 
regulation, file one motion to reopen to apply for suspension of 
deportation or cancellation of removal. The Attorney General shall 
designate a specific time period in which all such motions to reopen 
must be filed. The period must begin no later than 120 days after the 
date of enactment of this Act and shall extend for a period of 180 
days.