I 

109TH CONGRESS 

1ST SESSION H. R. 3450

To adjust the immigration status of certain Liberian nationals who were 

provided refuge in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Mr. KENNEDY of Rhode Island (for himself, Mr. PAYNE, Mr. FRANK of Massachusetts, Mr. SERRANO, Mr. GUTIERREZ, Mr. HASTINGS of Florida, 

Mr. GRIJALVA, Mr. MCDERMOTT, Ms. SCHAKOWSKY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. SABO, Mr. DAVIS of Illinois, Ms. JACKSONLEE of Texas, Mr. LANGEVIN, Ms. WATSON, Mr. LYNCH, and Ms. KILPATRICK of Michigan) introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To adjust the immigration status of certain Liberian 

nationals who were provided refuge 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 ‘‘Liberian Refugee Im5 migration Protection Act of 2005’’. 

6 SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 

7 NATIONALS. 

8 (a) ADJUSTMENT OF STATUS.—
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1 (1) IN GENERAL.—Notwithstanding section 

2 245(c) of the Immigration and Nationality Act, the 

3 status of any alien described in subsection (b) shall 

4 be adjusted by the Attorney General to that of an 

5 alien lawfully admitted for permanent residence, if 

6 the alien—

7 (A) applies for such adjustment before 

8 April 1, 2007; and 

9 (B) is otherwise eligible to receive an im10 migrant visa and is otherwise admissible to the 

11 United States for permanent residence, except 

12 in determining such admissibility the grounds 

13 for inadmissibility specified in paragraphs (4), 

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

15 Immigration and Nationality Act shall not 

16 apply. 

17 (2) RELATIONSHIP OF APPLICATION TO CER18 TAIN ORDERS.—An alien present in the United 

19 States who has been ordered excluded, deported, re20 moved, or ordered to depart voluntarily from the 

21 United States under any provision of the Immigra22 tion and Nationality Act may, notwithstanding such 

23 order, apply for adjustment of status under para24 graph (1). Such an alien may not be required, as a 

25 condition on submitting or granting such applica-
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1 tion, to file a motion to reopen, reconsider, or vacate 

2 such order. If the Attorney General grants the appli3 cation, the Attorney General shall cancel the order. 

4 If the Attorney General renders a final administra5 tive decision to deny the application, the order shall 

6 be effective and enforceable to the same extent as if 

7 the application had not been made. 

8 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA9 TUS.—The benefits provided by subsection (a) shall apply 

10 to any alien who—

11 (1) is a national of Liberia; and 

12 (2)(A) who was granted temporary protected 

13 status on or after March 27, 1991; or 

14 (B) was eligible to apply for temporary pro15 tected status on or after March 27, 1991. 

16 (c) STAY OF REMOVAL.—

17 (1) IN GENERAL.—The Attorney General shall 

18 provide by regulation for an alien subject to a final 

19 order of deportation or removal or exclusion to seek 

20 a stay of such order based on the filing of an appli21 cation under subsection (a). 

22 (2) DURING CERTAIN PROCEEDINGS.—Notwith23 standing any provision of the Immigration and Na24 tionality Act, the Attorney General shall not order 

25 any alien to be removed from the United States, if 
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1 the alien is in exclusion, deportation, or removal pro2 ceedings under any provision of such Act and raises 

3 as a defense to such an order the eligibility of the 

4 alien to apply for adjustment of status under sub5 section (a), except where the Attorney General has 

6 rendered a final administrative determination to 

7 deny the application. 

8 (3) WORK AUTHORIZATION.—The Attorney 

9 General may authorize an alien who has applied for 

10 adjustment of status under subsection (a) to engage 

11 in employment in the United States during the 

12 pendency of such application and may provide the 

13 alien with an ‘‘employment authorized’’ endorsement 

14 or other appropriate document signifying authoriza15 tion of employment, except that if such application 

16 is pending for a period exceeding 180 days, and has 

17 not been denied, the Attorney General shall author18 ize such employment. 

19 (d) ADJUSTMENT OF STATUS FOR SPOUSES AND

20 CHILDREN.—

21 (1) IN GENERAL.—Notwithstanding section 

22 245(c) of the Immigration and Nationality Act, the 

23 status of an alien shall be adjusted by the Attorney 

24 General to that of an alien lawfully admitted for per25 manent residence, if—
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1 (A) the alien is a national of Liberia; 

2 (B) the alien is the spouse, child, or un3 married son or daughter, of an alien whose sta4 tus is adjusted to that of an alien lawfully ad5 mitted for permanent residence under sub6 section (a), except that in the case of such an 

7 unmarried son or daughter, the son or daughter 

8 shall be required to establish that they have 

9 been physically present in the United States for 

10 at least 1 year and is physically present in the 

11 United States on the date the application for 

12 such adjustment is filed; 

13 (C) the alien applies for such adjustment 

14 and is physically present in the United States 

15 on the date the application is filed; and 

16 (D) the alien is otherwise eligible to receive 

17 an immigration visa and is otherwise admissible 

18 to the United States for permanent residence, 

19 except in determining such admissibility the 

20 grounds for exclusion specified in paragraphs 

21 (4), (5), (6)(A), and (7)(A) of section 212(a) of 

22 the Immigration and Nationality Act shall not 

23 apply. 

24 (2) PROOF OF CONTINUOUS PRESENCE.—For 

25 purposes of establishing the period of continuous 
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1 physical presence referred to in paragraph (1)(B), 

2 an alien shall not be considered to have failed to 

3 maintain continuous physical presence by reason of 

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

5 any periods in aggregate not exceeding 180 days. 

6 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

7 The Attorney General shall provide to applicants for ad8 justment of status under subsection (a) the same right to, 

9 and procedures for, administrative review as are provided 

10 to—

11 (1) applicants for adjustment of status under 

12 section 245 of the Immigration and Nationality Act; 

13 or 

14 (2) aliens subject to removal proceedings under 

15 section 240 of such Act. 

16 (f) LIMITATION ON JUDICIAL REVIEW.—A deter17 mination by the Attorney General as to whether the status 

18 of any alien should be adjusted under this section is final 

19 and shall not be subject to review by any court. 

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

21 When an alien is granted the status of having been law22 fully admitted for permanent residence pursuant to this 

23 section, the Secretary of State shall not be required to re24 duce the number of immigrant visas authorized to be 
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1 issued under any provision of the Immigration and Na2 tionality Act. 

3 (h) APPLICATION OF IMMIGRATION AND NATION4 ALITY ACT PROVISIONS.—Except as otherwise specifically 

5 provided in this Act, the definitions contained in the Immi6 gration and Nationality Act shall apply in the administra7 tion of this section. Nothing contained in this Act shall 

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

9 the powers, duties, functions, or authority of the Attorney 

10 General in the administration and enforcement of such 

11 Act or any other law relating to immigration, nationality, 

12 or naturalization. The fact that an alien may be eligible 

13 to be granted the status of having been lawfully admitted 

14 for permanent residence under this section shall not pre15 clude the alien from seeking such status under any other 

16 provision of law for which the alien may be eligible.

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