I 

114TH CONGRESS 

1ST SESSION H. R. 3744 

To adjust the immigration status of certain Venezuelan nationals who are 

in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 9, 2015 

Mr. CURBELO of Florida (for himself, Mr. GRAYSON, Ms. ROS-LEHTINEN, and 

Ms. WASSERMAN SCHULTZ) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To adjust the immigration status of certain Venezuelan 

nationals who are in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Venezuelan Refugee 

5 Assistance Act’’. 

6 SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VEN7 EZUELAN NATIONALS. 

8 (a) ADJUSTMENT OF STATUS.— 

9 (1) IN GENERAL.—Notwithstanding section 

10 245(c) of the Immigration and Nationality Act (8 


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1 U.S.C. 1255(c)), the status of any alien described in 

2 subsection (b) shall be adjusted by the Secretary of 

3 Homeland Security to that of an alien lawfully ad4 mitted for permanent residence, if the alien— 

5 (A) applies for such adjustment before 

6 January 1, 2019; 

7 (B) is not inadmissible under paragraph 

8 (1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), 

9 (10)(C), or (10)(D) of section 212(a) of the Im10 migration and Nationality Act (8 U.S.C. 

11 1182(a)); 

12 (C) is not deportable under paragraph 

13 (1)(E), (1)(G), (2), (4), (5), or (6) of section 

14 237(a) of such Act (8 U.S.C. 1227(a)); 

15 (D) has not ordered, incited, assisted, or 

16 otherwise participated in the persecution of any 

17 person on account of race, religion, nationality, 

18 membership in a particular social group, or po19 litical opinion; and 

20 (E) has not been convicted of— 

21 (i) any offense under Federal or State 

22 law punishable by a maximum term of im23 prisonment of more than 1 year; or 

24 (ii) 3 or more offenses under Federal 

25 or State law, for which the alien was conVerDate Sep 11 2014 02:51 Oct 15, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3744.IH H3744

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1 victed on different dates for each of the 3 

2 offenses and sentenced to imprisonment 

3 for an aggregate of 90 days or more. 

4 (2) RELATIONSHIP OF APPLICATION TO CER5 TAIN ORDERS.—An alien present in the United 

6 States who has been ordered removed, or ordered to 

7 depart voluntarily, from the United States under 

8 any provision of the Immigration and Nationality 

9 Act may, notwithstanding such order, apply for ad10 justment of status under paragraph (1). Such an 

11 alien may not be required, as a condition on submit12 ting or granting such application, to file a motion to 

13 reopen, reconsider, or vacate such order. If the Sec14 retary of Homeland Security grants the application, 

15 the Secretary of Homeland Security shall cancel the 

16 order. If the Secretary of Homeland Security ren17 ders a final administrative decision to deny the ap18 plication, the order shall be effective and enforceable 

19 to the same extent as if the application had not been 

20 made. 

21 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA22 TUS.—The benefits provided by subsection (a) shall apply 

23 to any alien who is a national of Venezuela— 

24 (1) who was physically present in the United 

25 States on January 1, 2013; and 


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1 (2) has been physically present in the United 

2 States for at least 1 year and is physically present 

3 in the United States on the date the application for 

4 adjustment of status under this Act is filed, except 

5 an alien shall not be considered to have failed to 

6 maintain continuous physical presence by reason of 

7 an absence, or absences, from the United States for 

8 any periods in the aggregate not exceeding 180 

9 days. 

10 (c) STAY OF REMOVAL.— 

11 (1) IN GENERAL.—The Secretary of Homeland 

12 Security shall provide by regulation for an alien sub13 ject to a final order of removal to seek a stay of 

14 such order based on the filing of an application 

15 under subsection (a). 

16 (2) DURING CERTAIN PROCEEDINGS.—Notwith17 standing any provision of the Immigration and Na18 tionality Act (8 U.S.C. 1101 et seq.), the Secretary 

19 of Homeland Security shall not order any alien to be 

20 removed from the United States, if the alien is in re21 moval proceedings under any provision of such Act 

22 and raises as a defense to such an order the eligi23 bility of the alien to apply for adjustment of status 

24 under subsection (a), except where the Secretary of 


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1 Homeland Security has rendered a final administra2 tive determination to deny the application. 

3 (3) WORK AUTHORIZATION.—The Secretary of 

4 Homeland Security may authorize an alien who has 

5 applied for adjustment of status under subsection 

6 (a) to engage in employment in the United States 

7 during the pendency of such application and may 

8 provide the alien with an ‘‘employment authorized’’ 

9 endorsement or other appropriate document signi10 fying authorization of employment, except that if 

11 such application is pending for a period exceeding 

12 180 days, and has not been denied, the Secretary of 

13 Homeland Security shall authorize such employment. 

14 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

15 CHILDREN.— 

16 (1) IN GENERAL.—Notwithstanding section 

17 245(c) of the Immigration and Nationality Act (8 

18 U.S.C. 1255(c)), the status of an alien shall be ad19 justed by the Secretary of Homeland Security to 

20 that of an alien lawfully admitted for permanent res21 idence, if— 

22 (A) the alien is the spouse, child, or un23 married son or daughter, of an alien whose sta24 tus is adjusted to that of an alien lawfully ad25 mitted for permanent residence under subVerDate Sep 11 2014 02:51 Oct 15, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3744.IH H3744

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1 section (a), except that in the case of such an 

2 unmarried son or daughter, the son or daughter 

3 shall be required to establish that they have 

4 been physically present in the United States for 

5 at least 1 year; 

6 (B) the alien applies for such adjustment 

7 and is physically present in the United States 

8 on the date the application is filed; and 

9 (C) the alien is otherwise eligible to receive 

10 an immigrant visa and is otherwise admissible 

11 to the United States for permanent residence, 

12 except in determining such admissibility the 

13 grounds for exclusion specified in paragraphs 

14 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1182(a)) shall not apply. 

17 (2) PROOF OF CONTINUOUS PRESENCE.—For 

18 purposes of establishing the period of continuous 

19 physical presence referred to in paragraph (1)(B), 

20 an alien shall not be considered to have failed to 

21 maintain continuous physical presence by reason of 

22 an absence, or absences, from the United States for 

23 any periods in the aggregate not exceeding 180 

24 days. 


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1 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 

2 The Secretary of Homeland Security shall provide to ap3 plicants for adjustment of status under subsection (a) the 

4 same right to, and procedures for, administrative review 

5 as are provided to— 

6 (1) applicants for adjustment of status under 

7 section 245 of the Immigration and Nationality Act 

8 (8 U.S.C. 1255); or 

9 (2) aliens subject to removal proceedings under 

10 section 240 of such Act (8 U.S.C. 1229a). 

11 (f) LIMITATION ON JUDICIAL REVIEW.—A deter12 mination by the Secretary of Homeland Security as to 

13 whether the status of any alien should be adjusted under 

14 this Act is final and shall not be subject to review by any 

15 court. 

16 (g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 

17 When an alien is granted the status of having been law18 fully admitted for permanent residence pursuant to this 

19 Act, the Secretary of State shall not be required to reduce 

20 the number of immigrant visas authorized to be issued 

21 under any provision of the Immigration and Nationality 

22 Act. 

23 (h) APPLICATION OF IMMIGRATION AND NATION24 ALITY ACT PROVISIONS.—Except as otherwise specifically 

25 provided in this section, the definitions contained in the 


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1 Immigration and Nationality Act shall apply in the admin2 istration of this Act. Nothing contained in this Act shall 

3 be held to repeal, amend, alter, modify, effect, or restrict 

4 the powers, duties, functions, or authority of the Secretary 

5 of Homeland Security in the administration and enforce6 ment of such Act or any other law relating to immigration, 

7 nationality, or naturalization. The fact that an alien may 

8 be eligible to be granted the status of having been lawfully 

9 admitted for permanent residence under this section shall 

10 not preclude the alien from seeking such status under any 

11 other provision of law for which the alien may be eligible. 

Æ 


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