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103D CONGRESS

2D SESSION H. R. 4749

To provide for adjustment of status of certain Nicaraguans.

IN THE HOUSE OF REPRESENTATIVES

JULY 13, 1994

Ms. ROS-LEHTINEN (for herself and Mr. DIAZ-BALART) introduced the

following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for adjustment of status of certain Nicaraguans.

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 OF CERTAIN NICA4 RAGUANS.

5 (a) ADJUSTMENT OF STATUS.—The status of any

6 alien described in subsection (b) may be adjusted by the

7 Attorney General, in the Attorney General’s discretion and

8 under such regulations as the Attorney General may pre9 scribe, to that of an alien lawfully admitted for permanent

10 residence if—
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1 (1) the alien applies for such adjustment within

2 two years after the date of the enactment of this

3 Act;

4 (2) the alien is otherwise eligible to receive an

5 immigrant visa and is otherwise admissible to the

6 United States for permanent residence, except in de7 termining such admissibility the grounds for exclu8 sion specified in paragraphs (4), (5), (6)(A), (6)(B),

9 and (7)(A) of section 212(a) of the Immigration and

10 Nationality Act shall not apply and the Attorney

11 General may, in his discretion, waive the ground for

12 exclusion specified in paragraph (6)(C) of such sec13 tion;

14 (3) the alien is not an alien described in section

15 243(h)(2) of such Act;

16 (4) the alien is physically present in the United

17 States on the date the application for such adjust18 ment is filed; and

19 (5) the alien has continuously resided in the

20 United States since January 20, 1993.

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

23 to any alien—

24 (1) who is a national of Nicaragua,
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1 (2) who arrived in the United States before

2 January 20, 1993, and

3 (3) who (unless the alien filed an application

4 for asylum with the Immigration and Naturalization

5 Service before January 20, 1993) was not admitted

6 to the United States as a nonimmigrant.

7 (c) RECORD OF PERMANENT RESIDENCE AS OF JAN8 UARY 20, 1993.—Upon approval of an alien’s application

9 for adjustment of status under subsection (a), the Attor10 ney General shall establish a record of the alien’s admis11 sion for permanent residence as of January 20, 1993.

12 (d) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

13 When an alien is granted the status of having been law14 fully admitted for permanent residence pursuant to this

15 section, the Secretary of State shall not be required to re16 duce the number of immigrant visas authorized to be is17 sued under the Immigration and Nationality Act and the

18 Attorney General shall not be required to charge the alien

19 any fee.

20 (f) APPLICATION OF IMMIGRATION AND NATIONAL21 ITY ACT PROVISIONS.—Except as otherwise specifically

22 provided in this section, the definitions contained in the

23 Immigration and Nationality Act shall apply in the admin24 istration of this section. Nothing contained in this section

25 shall be held to repeal, amend, alter, modify, effect, or re-
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1 strict the powers, duties, functions, or authority of the At2 torney General in the administration and enforcement of

3 such Act or any other law relating to immigration, nation4 ality, or naturalization. The fact that an alien may be eli5 gible to be granted the status of having been lawfully ad6 mitted for permanent residence under this section shall

7 not preclude the alien from seeking such status under any

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

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