I

104TH CONGRESS

1ST SESSION H. R. 1765

To amend the Immigration and Nationality Act to deny visas and admission

to aliens who have been unlawfully present in the United States for

more than 1 year until they have been outside the United States for

10 years and to repeal the provision allowing adjustment of status

of unlawful aliens in the United States.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1995

Mr. GALLEGLY introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to deny

visas and admission to aliens who have been unlawfully

present in the United States for more than 1 year until

they have been outside the United States for 10 years

and to repeal the provision allowing adjustment of status

of unlawful aliens 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,
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1 SECTION 1. EXCLUSION OF ALIENS UNLAWFULLY PRESENT

2 IN THE UNITED STATES FOR MORE THAN 1

3 YEAR UNTIL HAVE BEEN OUTSIDE THE

4 UNITED STATES FOR 10 YEARS.

5 (a) IN GENERAL.—Section 212(a)(6) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(a)(6)) is

7 amended by adding at the end the following new subpara8 graph:

9 ‘‘(G) ALIENS PRESENT UNLAWFULLY FOR

10 MORE THAN 1 YEAR.—

11 ‘‘(i) IN GENERAL.—Any alien who was

12 unlawfully present in the United States

13 during a period totaling 1 year is exclud14 able unless the alien has remained outside

15 the United States for a period totaling at

16 least 10 years.

17 ‘‘(ii) EXCEPTIONS.—

18 ‘‘(I) MINORS.—In applying

19 clause (i) no period of time before the

20 alien’s 18th birthday shall be taken

21 into account in determining the period

22 of unlawful presence in the United

23 States.

24 ‘‘(II) ASYLEES.—No period of

25 time in which an alien has a bona fide

26 application for asylum pending under
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1 section 208 shall be taken into ac2 count in determining the period of un3 lawful presence in the United States

4 under clause (i).

5 ‘‘(iii) EXTENSION.—The Attorney

6 General may extend the period of 1 year

7 under clause (i) to a period of 15 months

8 in the case of an alien who applies to the

9 Attorney General (before the alien has

10 been present unlawfully in the United

11 States for a period totaling 1 year) and es12 tablishes to the satisfaction of the Attorney

13 General that—

14 ‘‘(I) the alien is not excludable

15 under clause (i) at the time of the ap16 plication, and

17 ‘‘(II) the failure to extend such

18 period would constitute an extreme

19 hardship for the alien.’’.

20 (b) EFFECTIVE DATE.—The amendment made by

21 subsection (a) shall take effect on the date of the enact22 ment of this Act, except that no period of time before the

23 date of the enactment of this Act shall be included in the

24 period of 1 year described in section 212(a)(6)(G)(i) of
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1 the Immigration and Nationality Act (added by such

2 amendment).

3 SEC. 2. REPEAL OF ADJUSTMENT OF STATUS OF UNLAW4 FUL ALIENS.

5 (a) IN GENERAL.—Subsection (i) of section 245 of

6 the Immigration and Nationality Act (8 U.S.C. 1255), as

7 added by section 605(b) of the Department of State and

8 Related Agencies Appropriations Act, 1995 (Public Law

9 103–317, 108 Stat. 1765), is amended by repealed.

10 (b) EFFECTIVE DATE.—The repeal made by sub11 section (a) shall apply to applications for adjustment of

12 status filed before, on, or after the date of the enactment

13 of this Act, except such applications as were approved as

14 of the date of the enactment of this Act. In the case of

15 such an application for adjustment filed, but not approved,

16 as of the date of the enactment of this Act, the Attorney

17 General shall promptly refund to the applicant the amount

18 of the application fee paid.

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