To adjust the immigration status of certain Colombian and Peruvian nationals who are in the United States.

Summary: Andean Adjustment Act of 2003 - Provides for the adjustment to permanent resident status of a national of Colombia or Peru (and spouse, children, and certain unmarried sons or daughters) who: (1) was physically present in the United States on December 31, 1999; and (2) is physically present in the United States on the date of application for such status adjustment.

Provides for a stay of removal during such process unless the Secretary of Homeland Security has rendered a final administrative order denying such application.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Andean Adjustment Act of 2003''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN 
              NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of any alien 
        described in subsection (b) shall be adjusted by the Secretary 
        of Homeland Security to that of an alien lawfully admitted for 
        permanent residence, if the alien--
                    (A) applies for such adjustment not later than 2 
                years after the date of the enactment of this Act; and
                    (B) is otherwise eligible to receive an immigrant 
                visa and 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), and (7)(A) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily, 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition on submitting or granting such 
        application, to file a motion to reopen, reconsider, or vacate 
        such order. If the Secretary of Homeland Security grants the 
        application, the Secretary of Homeland Security shall cancel 
        the order. If the Secretary of Homeland Security renders a 
        final administrative decision to deny the application, the 
        order shall be effective and enforceable to the same extent as 
        if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to any alien who is a national 
of Colombia or Peru who--
            (1) was physically present in the United States on December 
        31, 1999; and
            (2) is physically present in the United States on the date 
        the application for adjustment of status under this Act is 
        filed.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        deportation, removal, or exclusion to seek a stay of such order 
        based on the filing of an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Secretary 
        of Homeland Security shall not order any alien to be removed 
        from the United States, if the alien is in exclusion, 
        deportation, or removal proceedings under any provision of such 
        Act and raises as a defense to such an order the eligibility of 
        the alien to apply for adjustment of status under subsection 
        (a), except where the Secretary of Homeland Security has 
        rendered a final administrative determination to deny the 
        application.
            (3) Work authorization.--The Secretary of Homeland Security 
        may authorize an alien who has applied for adjustment of status 
        under subsection (a), and the spouse of the alien, to engage in 
        employment in the United States during the pendency of such 
        application and may provide the alien and the alien's spouse 
        with an ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of employment, 
        except that if such application is pending for a period 
        exceeding 180 days, and has not been denied, the Secretary of 
        Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, the status of an alien shall 
        be adjusted by the Secretary of Homeland Security to that of an 
        alien lawfully admitted for permanent residence, if the alien--
                    (A) is the spouse, child, or unmarried son or 
                daughter, of an alien whose status is adjusted to that 
                of an alien lawfully admitted for permanent residence 
                under subsection (a), except that in the case of such 
                an unmarried son or daughter, the son or daughter shall 
                be required to establish that they have been physically 
                present in the United States for a continuous period, 
                beginning not later than December 31, 1999, and ending 
                not earlier than the date the application for 
                adjustment under this subsection is filed;
                    (B) applies for such adjustment not later than 2 
                years after the date of the enactment of this Act and 
                is physically present in the United States on the date 
                the application is filed; and
                    (C) is otherwise eligible to receive an immigrant 
                visa and is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for exclusion specified in 
                paragraphs (4), (5), (6)(A), and (7)(A) of section 
                212(a) of the Immigration and Nationality Act shall not 
                apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence, or absences, from the United 
        States for any periods in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Secretary of 
Homeland Security shall provide to applicants for adjustment of status 
under subsection (a) the same right to, and procedures for, 
administrative review as are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this Act is final and shall not be subject to 
review by any court.
    (g) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this Act, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this Act. Nothing contained in this Act 
shall be held to repeal, amend, alter, modify, effect, or restrict the 
powers, duties, functions, or authority of the Secretary of Homeland 
Security in the administration and enforcement of such Act or any other 
law relating to immigration, nationality, or naturalization. The fact 
that an alien may be eligible to be granted the status of having been 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking such status under any other provision 
of law for which the alien may be eligible.