I 

109TH CONGRESS 

1ST SESSION H. R. 342 

To provide for adjustment of immigration status for certain aliens granted 

temporary protected status in the United States because of conditions 

in Montserrat. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2005 

Mr. OWENS introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To provide for adjustment of immigration status for certain 

aliens granted temporary protected status in the United 

States because of conditions in Montserrat. 

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

3 SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN NA4 TIONALS OF MONTSERRAT. 

5 (a) IN GENERAL.—The status of any alien described 

6 in subsection (c) shall be adjusted by the Secretary of 

7 Homeland Security (in this Act referred to as the ‘‘Sec8 retary’’) to that of an alien lawfully admitted for perma9 nent residence, if the alien— 
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1 (1) applies for such adjustment within 1 year 

2 after the date of enactment of this Act; and 

3 (2) is determined to be admissible to the United 

4 States for permanent residence. 

5 (b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI6 CABLE.—For purposes of determining admissibility under 

7 subsection (a)(2), the grounds for inadmissibility specified 

8 in paragraphs (4), (5), (6)(A), and 7(A) of section 212(a) 

9 of the Immigration and Nationality Act shall not apply. 

10 (c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA11 TUS.—An alien shall be eligible for adjustment of status 

12 under subsection (a) only if the alien— 

13 (1) is a national of Montserrat; and 

14 (2) was granted temporary protected status in 

15 the United States pursuant to the designation of 

16 Montserrat under section 244A(b)(1) of the Immi17 gration and Nationality Act on August 28, 1997. 

18 SEC. 2. EFFECT OF APPLICATION ON CERTAIN ORDERS. 

19 An alien present in the United States who has been 

20 ordered excluded, deported, or removed, or ordered to de21 part voluntarily, from the United States through an order 

22 of removal issued under the Immigration and Nationality 

23 Act may, notwithstanding such order of removal, apply for 

24 adjustment of status under section 1. Such an alien shall 

25 not be required to file a separate motion to reopen, recon-
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1 sider, or vacate the order of removal. If the Secretary ap2 proves the application, the Secretary shall cancel the order 

3 of removal. If the Secretary renders a final administrative 

4 decision to deny the application, the order of removal shall 

5 be effective and enforceable to the same extent as if the 

6 application had not been made. 

7 SEC. 3. WORK AUTHORIZATION. 

8 The Secretary shall authorize an alien who has ap9 plied for adjustment of status under section 1 to engage 

10 in employment in the United States during the pendency 

11 of such application and shall provide the alien with an ap12 propriate document signifying authorization of employ13 ment. 

14 SEC. 4. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY 

15 MEMBERS. 

16 (a) IN GENERAL.—The status of an alien shall be 

17 adjusted by the Secretary to that of an alien lawfully ad18 mitted for permanent residence if the alien— 

19 (1) is the spouse, parent, or unmarried son or 

20 daughter of an alien whose status is adjusted under 

21 section 1; 

22 (2) applies for adjustment under this section 

23 within 2 years after the date of enactment of this 

24 Act; and 
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1 (3) is determined to be admissible to the United 

2 States for permanent residence. 

3 (b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI4 CABLE.—For purposes of determining admissibility under 

5 subsection (a)(3), the grounds for inadmissibility specified 

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

7 of the Immigration and Nationality Act shall not apply. 

8 SEC. 5. AVAILABILITY OF REVIEW. 

9 (a) ADMINISTRATIVE REVIEW.—The Secretary shall 

10 provide to aliens applying for adjustment of status under 

11 section 1 or 4 the same right to, and procedures for, ad12 ministrative review as are provided to— 

13 (1) applicants for adjustment of status under 

14 section 245 of the Immigration and Nationality Act; 

15 or 

16 (2) aliens subject to removal proceedings under 

17 section 240 of such Act. 

18 (b) LIMITATION ON JUDICIAL REVIEW.—A deter19 mination by the Secretary as to whether the status of any 

20 alien should be adjusted under this Act is final and shall 

21 not be subject to review by any court. 

22 SEC. 6. NO OFFSET IN NUMBER OF VISAS AVAILABLE. 

23 The granting of adjustment of status under section 

24 1 shall not reduce the number of immigrant visas author-
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1 ized to be issued under any provision of the Immigration 

2 and Nationality Act. 

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