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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1830 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1830

 To amend the Immigration and Nationality Act to provide for permanent 
  resident status for certain long-term resident workers and college-
   bound students, to modify the worldwide level of family-sponsored 
   immigrants in order to promote family unification, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2003

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Immigration and Nationality Act to provide for permanent 
  resident status for certain long-term resident workers and college-
   bound students, to modify the worldwide level of family-sponsored 
   immigrants in order to promote family unification, 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 ``Earned Legalization and Family 
Unification Act of 2003''.

SEC. 2. LEGALIZATION OF STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following new section:

   ``adjustment of status of certain long-term resident workers and 
college-bound students to that of alien lawfully admitted for permanent 
                               residence

    ``Sec. 245B. (a) Adjustment to Permanent Resident Status for 
Certain Workers, Spouses, and Children.--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 following requirements:
            ``(1) Timely application.--
                    ``(A) During application period.--Except as 
                provided in subparagraph (B), the alien must apply for 
                such adjustment during the 36-month period beginning on 
                the date final regulations are issued to carry out this 
                section.
                    ``(B) Information included in application.--Each 
                application under this subsection 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).
            ``(2) Continuous 5-year residence.--
                    ``(A) In general.--The alien must establish that 
                the alien--
                            ``(i) entered the United States before the 
                        date that is 5 years before the date of the 
                        enactment of this Act;
                            ``(ii) has resided continuously in the 
                        United States during the 5-year period ending 
                        on the date of the enactment of this Act and 
                        through the date the application was filed 
                        under this subsection; and
                            ``(iii) was in the United States on the 
                        date of the enactment of this Act in an 
                        unlawful status and has resided continuously in 
                        the United States in an unlawful status since 
                        such date and through the date the application 
                        was filed under this subsection.
                    ``(B) Nonimmigrants.--In the case of an alien who 
                entered the United States as a nonimmigrant before the 
                date of the enactment of this Act, the alien must also 
                establish that the alien's period of authorized stay as 
                a nonimmigrant expired before such date through the 
                passage of time or the alien's unlawful status was 
                known to the Government as of such date.
                    ``(C) 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.
                    ``(D) Other lawful aliens.--Notwithstanding any 
                other provision of this paragraph, in the case of an 
                alien who is in a lawful status, other than a 
                nonimmigrant status, on the date of the enactment of 
                this Act, the alien must establish that the alien has 
                resided continuously in the United States in such 
                status during the 5-year period ending on the date of 
                the enactment of this Act.
            ``(3) Continuous presence since enactment.--
                    ``(A) In general.--The alien must establish that 
                the alien has been continuously 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 maintained continuous presence in the United 
                States for purposes of subparagraph (A), or continuous 
                residence in the United States for purposes of 
                paragraph (2), by virtue of brief, casual, and innocent 
                absences from the United States.
                    ``(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.
            ``(4) 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 (e)(2);
                    ``(B) has not been convicted of any felony or of 
                three or more misdemeanors committed in the United 
                States;
                    ``(C) has not assisted in the persecution of any 
                person or persons on account of race, religion, 
                nationality, membership in a particular social group, 
                or political opinion; and
                    ``(D) is registered or registering under the 
                Military Selective Service Act, if the alien is 
                required to be so registered under that Act.
            ``(5) Employment in united states.--
                    ``(A) In general.--The alien must have been 
                employed (whether or not lawfully) in the United 
                States, in the aggregate, for at least 520 of the 
                workdays occurring during the 5-year period ending on 
                the date of the enactment of this Act.
                    ``(B) Exception for alien children.--Subparagraph 
                (A) shall not apply to an individual under 23 years of 
                age on the date on which the application was filed 
                under this subsection.
                    ``(C) Evidence of employment.--For purposes of 
                satisfying the requirement of subparagraph (A), the 
                alien may submit, among other evidence--
                            ``(i) records maintained by the 
                        Commissioner of Social Security;
                            ``(ii) other employment records;
                            ``(iii) tax records;
                            ``(iv) bank account records; and
                            ``(v) attestations from community leaders, 
                        religious leaders, co-workers, or store owners.
                    ``(D) Burden of proof.--An alien applying for 
                adjustment of status under this subsection has the 
                burden of proving by a preponderance of the evidence 
                that the alien has worked the requisite number of days 
                (as required under subparagraph (A)). An alien can meet 
                such burden of proof by producing sufficient evidence 
                to show the extent of that employment as a matter of 
                just and reasonable inference. In such a case, the 
                burden then shifts to the Attorney General to disprove 
                the alien's evidence with a showing which negates the 
                reasonableness of the inference to be drawn from the 
                evidence.
            ``(6) Payment of income taxes.--
                    ``(A) In general.--The alien must demonstrate the 
                payment of all Federal and State income taxes owed for 
                employment during the 3-year period preceding the date 
                the application was filed under this subsection. The 
                alien may satisfy such requirement through 
                demonstrating that no such tax liability exists or 
                through satisfaction of all outstanding liabilities 
                (including through execution of a binding agreement to 
                pay back taxes owing).
            ``(7) Basic citizenship skills.--
                    ``(A) In general.--The alien must demonstrate that 
                the alien 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) Mandatory.--The requirements of 
                        subparagraph (A) shall not apply to any person 
                        who is--
                                    ``(I) 65 years of age or older; or
                                    ``(II) unable because of physical 
                                or developmental disability or mental 
                                impairment to comply therewith.
                            ``(ii) Discretionary.--The Attorney General 
                        may, in his discretion, waive all or part of 
                        the requirements of subparagraph (A) in the 
                        case of an alien who is 50 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) Family Unification.--An alien who, as of the date of filing 
an application under subsection (a), is the spouse or child of an alien 
who qualifies for adjustment of status under subsection (a) shall, if 
not otherwise entitled to such adjustment of status, be entitled to the 
same status if accompanying or following to join the spouse or parent 
if--
            ``(1) the spouse or child meets the requirements of 
        subsection (a)(4); and
            ``(2) the spouse or child was included in the application 
        information required under subsection (a)(1)(B).
    ``(c) Adjustment to Permanent Resident Status for Certain Children 
in Middle or Secondary School.--
            ``(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 following 
        requirements:
                    ``(A) Timely application.--
                            ``(i) Age on application date.--The alien 
                        must not have attained 25 years of age before 
                        the date on which the application for 
                        adjustment under this subsection was filed.
                            ``(ii) Other requirements.--The 
                        requirements of subparagraphs (A) and (B) of 
                        subsection (a)(1) shall apply to an application 
                        under this subsection.
                    ``(B) Continuous presence.--
                            ``(i) In general.--The alien must establish 
                        that the alien was present in the United States 
                        on the date of the enactment of this section 
                        and has been present in the United States for a 
                        continuous period of not less than 5 years 
                        immediately preceding the date on which the 
                        application under subparagraph (A) was filed.
                            ``(ii) Treatment of brief, casual, and 
                        innocent absences.-- An alien shall not be 
                        considered to have failed to maintained 
                        continuous presence in the United States for 
                        purposes of clause (i) by virtue of brief, 
                        casual, and innocent absences from the United 
                        States.
                            ``(iii) 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.
                    ``(C) Good moral character.--The alien must 
                demonstrate that the alien has been a person of good 
                moral character during the 5 years immediately 
                preceding the date on which the application under 
                subparagraph (A) was filed.
                    ``(D) Student.--The alien, at the time of 
                application, must be enrolled at or above the 7th grade 
                level in a school in the United States or be enrolled 
                in, or actively pursuing admission to, an institution 
                of higher education in the United States (as defined in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)).
                    ``(E) Admissible as immigrant.--The alien must 
                satisfy the requirements of subsection (a)(4).
            ``(2) No derivative right of parents.--The parent of an 
        alien who adjusts status pursuant to this subsection shall not 
        be granted the same status by reason of accompanying or 
        following to join unless otherwise entitled to such status.
    ``(d) Applications for Adjustment of Status.--
            ``(1) To whom may be made.--The Attorney General shall 
        provide that applications for adjustment of status under this 
        section may be filed--
                    ``(A) with the Attorney General; or
                    ``(B) with a qualified designated entity, but only 
                if the applicant consents to the forwarding of the 
                application to the Attorney General.
        As used in this section, the term `qualified designated entity' 
        means an organization or person designated under paragraph (2).
            ``(2) 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 (including qualified designated entities 
                under section 245A).
            ``(3) 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 (1)(B) 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.
            ``(4) 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.
            ``(5) 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 (6), or for the 
                        preparation of reports to Congress under law;
                            ``(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 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.
            ``(6) 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 
        5 years, or both.
            ``(7) Application fees.--
                    ``(A) Fee schedule.--The Attorney General, in 
                consultation with the Congress, shall provide for a 
                schedule of fees to be charged for the filing of 
                applications for adjustment under this section. Such 
                fees may not exceed $100 per individual or $300 per 
                family.
                    ``(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 section.
    ``(e) 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 
        this section.
            ``(2) Waiver of grounds for inadmissibility.--In the 
        determination of an alien's admissibility under this section, 
        the following provisions shall apply:
                    ``(A) Grounds of inadmissibility not applicable.--
                The provisions of paragraphs (5), (6)(A), (6)(C), 
                (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 
                212(a) shall not apply.
                    ``(B) Waiver of other grounds.--
                            ``(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).
                                    ``(IV) Paragraph (4) (relating to 
                                aliens likely to become public 
                                charges).
                        Subclause (IV) (prohibiting the waiver of 
                        section 212(a)(4)) shall not apply to an alien 
                        who is or was an aged, blind, or disabled 
                        individual (as defined in section 1614(a)(1) of 
                        the Social Security Act).
                            ``(iii) Special rule for determination of 
                        public charge.--An alien is not ineligible for 
                        adjustment of status under this section due to 
                        being inadmissible under section 212(a)(4) if 
the alien demonstrates a history of employment in the United States 
evidencing self-support without receipt of public cash assistance.
                    ``(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.
    ``(f) Temporary Stay of Removal and Work Authorization for Certain 
Applicants.--
            ``(1) Before application period.--The Attorney General 
        shall provide that in the case of an alien who is apprehended 
        before the beginning of the application period described in 
        subsection (a)(1)(A) and who can establish a prima facie case 
        of eligibility to have the alien's status adjusted under this 
        section (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 120 days of the 
        application period to complete the filing of an application for 
        adjustment, the alien--
                    ``(A) may not be removed from the United States; 
                and
                    ``(B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                `employment authorized' endorsement or other 
                appropriate work permit.
            ``(2) During application period.--The Attorney General 
        shall provide that in the case of an alien who presents a prima 
        facie application for adjustment of status under this section 
        during the application period, and until a final determination 
        on the application has been made in accordance with this 
        section, including any judicial review thereof, the alien--
                    ``(A) may not be removed from the United States; 
                and
                    ``(B) shall be granted authorization to engage in 
                employment in the United States and be provided an 
                `employment authorized' endorsement or other 
                appropriate work permit.
            ``(3) Advance parole authority.--The Attorney General shall 
        establish a process for the approval of advance parole (under 
        section 212(d)(5)) for applicants to travel outside the United 
        States with prior approval in the case of--
                    ``(A) business or family necessity; or
                    ``(B) emergency or extenuating circumstances 
                outside the control of the alien.
    ``(g) Administrative and Judicial Review.--
            ``(1) In general.--There shall be no administrative or 
        judicial review of a determination respecting an application 
        for adjustment of status under this section except in 
        accordance with this subsection.
            ``(2) 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.
            ``(3) Judicial review.--
                    ``(A) Direct review.--A person whose application 
                for adjustment of status under this section is denied 
                after administrative appellate review under paragraph 
                (2) may seek review of such denial before the United 
                States district court for the district in which such 
                person resides in accordance with chapter 7 of title 5, 
                United States Code.
                    ``(B) Review after removal proceedings.--There 
                shall be judicial review of the denial of an 
                application for adjustment of status under this section 
                in the judicial review of an order of removal, 
                deportation, or exclusion, but only if the validity of 
                the denial has not been upheld in a prior judicial 
                proceeding under subparagraph (A). Notwithstanding any 
                other provision of law, the standard for review of such 
                a denial shall be governed by subparagraph (C).
                    ``(C) Standard for judicial review.--Judicial 
                review of a denial of an application under this section 
                shall be based solely upon the administrative record 
                established at the time of the review. The findings of 
                fact and other determinations contained in the 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.
                    ``(D) Jurisdiction of courts.--Notwithstanding any 
                other provision of law, the district courts of the 
                United States shall have jurisdiction over any cause or 
                claim arising from a pattern or practice of the 
                Attorney General in the operation or implementation of 
                this section that is arbitrary, capricious, or 
                otherwise contrary to law, and may order any 
                appropriate relief. The district courts may order any 
                appropriate relief in accordance with the preceding 
                sentence without regard to exhaustion, ripeness, or 
                other standing requirements, if the court determines 
                that resolution of such cause or claim will serve 
                judicial and administrative efficiency or that a remedy 
                would otherwise not be reasonably available or 
                practicable.
    ``(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.
    ``(i) Implementation of Section.--
            ``(1) In general.--Except as otherwise provided in this 
        section, for comparable provisions of this section and section 
        245A, the Attorney General shall base the regulations 
        prescribed to implement this section on the regulations (as 
        implemented after judicial review) prescribed by the Attorney 
        General under section 245A(g) that were most recently in effect 
        before the date of the enactment of this section.
            ``(2) Identity.--
                    ``(A) In general.--The Attorney General, after 
                consultation with the Committees on the Judiciary of 
                the House of Representatives and of the Senate, shall 
                prescribe regulations with respect to how an alien may 
                establish his or her identity for purposes of this 
                section.
                    ``(B) Evidence.--The Attorney General shall provide 
                that the applicant may submit evidence to establish his 
                or her identity, including--
                            ``(i) attestations;
                            ``(ii) photographs;
                            ``(iii) rental records;
                            ``(iv) medical records; and
                            ``(v) employment records.
            ``(3) Treatment of certain absences.--
                    ``(A) Waiver.--The Attorney General may provide for 
                a waiver, in the discretion of the Attorney General, of 
                an absence from the United States that otherwise would 
                be considered to break a period of continuous residence 
                in the case of an absence from the United States due 
                merely to a brief temporary trip abroad required by--
                            ``(i) business or family necessity; or
                            ``(ii) emergency or extenuating 
                        circumstances outside the control of the alien.
                    ``(B) Absences caused by removal.--If a waiver is 
                granted pursuant to subsection (e)(2)(B) for an alien 
                who is inadmissible under section 212(a)(9)(A) due to 
                having been ordered removed, or having departed the 
                United States while an order of removal was 
                outstanding, the Attorney General shall provide that 
                any period of time during which the alien is outside 
                the United States because of such removal or departure 
                shall be disregarded in determining any period of 
                continuous residence or presence in the United States 
                for purposes of this section.
    ``(j) Dissemination of Information on Legalization Program.--
Beginning not later than the first day of the application period 
described in subsection (a)(1)(A), the Attorney General, in cooperation 
with qualified designated entities, shall broadly disseminate 
information respecting the benefits which aliens may receive under this 
section and the requirements to obtain such benefits.''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 245A the 
following new item:

``Sec. 245B. Adjustment of status of certain long-term resident workers 
                            and college-bound students to that of alien 
                            lawfully admitted for permanent 
                            residence.''.

SEC. 3. FAMILY UNIFICATION.

    Section 201(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)(2)) is amended by striking ``the sum of the number of aliens 
described in subparagraphs (A) and (B) of subsection (b)(2)'' and 
inserting ``the number of aliens described in subsection (b)(2)(B)''.
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