II

106TH CONGRESS

2D SESSION S. 2668

To amend the Immigration and Nationality Act to improve procedures for

the adjustment of status of aliens, to reduce the backlog of familysponsored aliens, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. GRAHAM (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to improve

procedures for the adjustment of status of aliens, to

reduce the backlog of family-sponsored aliens, and for

other purposes.

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 ‘‘Family, Work and Im5 migrant Integration Amendments of 2000’’.
2

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1 TITLE I—CENTRAL AMERICAN

2 AND HAITIAN PARITY

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Central American and

5 Haitian Parity Act of 2000’’.

6 SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATION7 ALS FROM EL SALVADOR, GUATEMALA, HON8 DURAS, AND HAITI.

9 Section 202 of the Nicaraguan Adjustment and Cen10 tral American Relief Act is amended—

11 (1) in the section heading, by striking ‘‘NICA12 RAGUANS AND CUBANS’’ and inserting ‘‘NICA13 RAGUANS, CUBANS, SALVADORANS, GUATEMALANS,

14 HONDURANS, AND HAITIANS’’;

15 (2) in subsection (a)(1)(A), by striking ‘‘2000’’

16 and inserting ‘‘2003’’;

17 (3) in subsection (b)(1), by striking ‘‘Nicaragua

18 or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal19 vador, Guatemala, Honduras, or Haiti’’; and

20 (4) in subsection (d)—

21 (A) in subparagraph (A), by striking

22 ‘‘Nicaragua or Cuba’’ and inserting ‘‘Nica23 ragua, Cuba, El Salvador, Guatamala, Hon24 duras, or Haiti; and
3

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1 (B) in subparagraph (E), by striking

2 ‘‘2000’’ and inserting ‘‘2003’’.

3 SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS

4 MADE BY SECTION 203 OF THE NICARAGUAN

5 ADJUSTMENT AND CENTRAL AMERICAN RE6 LIEF ACT.

7 An application for relief properly filed by a national

8 of Guatemala or El Salvador under the amendments made

9 by section 203 of the Nicaraguan Adjustment and Central

10 American Relief Act which was filed on or before the date

11 of enactment of this Act, and on which a final administra12 tive determination has not been made, shall, at the election

13 of the applicant, be considered to be an application for

14 adjustment of status under the provisions of section 202

15 of the Nicaraguan Adjustment and Central American Re16 lief Act, as amended by section 402 of this Act, upon the

17 payment of any fees, and in accordance with procedures,

18 that the Attorney General shall prescribe by regulation.

19 The Attorney General may not refund any fees paid in

20 connection with an application filed by a national of Gua21 temala or El Salvador under the amendments made by

22 section 203 of that Act.
4

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1 SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN

2 REFUGEE IMMIGRATION FAIRNESS ACT OF

3 1998.

4 An application for adjustment of status properly filed

5 by a national of Haiti under the Haitian Refugee Immi6 gration Fairness Act of 1998 which was filed on or before

7 the date of enactment of this Act, and on which a final

8 administrative determination has not been made, may be

9 considered by the Attorney General, in the unreviewable

10 discretion of the Attorney General, to also constitute an

11 application for adjustment of status under the provisions

12 of section 202 of the Nicaraguan Adjustment and Central

13 American Relief Act, as amended by section 402 of this

14 Act.

15 SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN

16 ADJUSTMENT AND CENTRAL AMERICAN RE17 LIEF ACT.

18 (a) IN GENERAL.—Section 202 of the Nicaraguan

19 Adjustment and Central American Relief Act is

20 amended—

21 (1) in subsection (a)—

22 (A) by inserting before the period at the

23 end of paragraph (1)(B) the following: ‘‘, and

24 the Attorney General may, in the unreviewable

25 discretion of the Attorney General, waive the

26 grounds of inadmissibility specified in section
5

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1 212(a)(1) (A)(i) and (6)(C) of such Act for hu2 manitarian purposes, to assure family unity, or

3 when it is otherwise in the public interest’’;

4 (B) by redesignating paragraph (2) as

5 paragraph (3);

6 (C) by inserting after paragraph (1) the

7 following:

8 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI9 SIONS.—In determining the eligibility of an alien de10 scribed in subsection (b) or (d) for either adjustment

11 of status under this section or other relief necessary

12 to establish eligibility for such adjustment, the provi13 sions of section 241(a)(5) of the Immigration and

14 Nationality Act shall not apply. In addition, an alien

15 who would otherwise be inadmissible pursuant to

16 section 212(a)(9) (A) or (C) of such Act may apply

17 for the Attorney General’s consent to reapply for ad18 mission without regard to the requirement that the

19 consent be granted prior to the date of the alien’s

20 reembarkation at a place outside the United States

21 or attempt to be admitted from foreign contiguous

22 territory, in order to qualify for the exception to

23 those grounds of inadmissibility set forth in section

24 212(a)(9) (A)(iii) and (C)(ii) of such Act.’’; and
6

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1 (D) by amending paragraph (3) (as redes2 ignated by subparagraph (B)) to read as fol3 lows:

4 ‘‘(3) RELATIONSHIP OF APPLICATION TO CER5 TAIN ORDERS.—An alien present in the United

6 States who has been ordered excluded, deported, or

7 removed, or ordered to depart voluntarily from the

8 United States under any provision of the Immigra9 tion and Nationality Act may, notwithstanding such

10 order, apply for adjustment of status under para11 graph (1). Such an alien may not be required, as a

12 condition of submitting or granting such application,

13 to file a separate motion to reopen, reconsider, or

14 vacate such order. Such an alien may be required to

15 seek a stay of such an order in accordance with sub16 section (c) to prevent the execution of that order

17 pending the adjudication of the application for ad18 justment of status. If the Attorney General denies a

19 stay of a final order of exclusion, deportation, or re20 moval, or if the Attorney General renders a final ad21 ministrative determination to deny the application

22 for adjustment of status, the order shall be effective

23 and enforceable to the same extent as if the applica24 tion had not been made. If the Attorney General
7

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1 grants the application for adjustment of status, the

2 Attorney General shall cancel the order.’’;

3 (2) in subsection (b)(1), by adding at the end

4 the following: ‘‘Subsection (a) shall not apply to an

5 alien lawfully admitted for permanent residence, un6 less the alien is applying for relief under that sub7 section in deportation or removal proceedings.’’;

8 (3) in subsection (c)(1), by adding at the end

9 the following: ‘‘Nothing in this Act requires the At10 torney General to stay the removal of an alien who

11 is ineligible for adjustment of status under this

12 Act.’’;

13 (4) in subsection (d)—

14 (A) by amending the subsection heading to

15 read as follows: ‘‘SPOUSES, CHILDREN, AND

16 UNMARRIED SONS AND DAUGHTERS.—’’;

17 (B) by amending the heading of paragraph

18 (1) to read as follows: ‘‘ADJUSTMENT OF STA19 TUS.—’’;

20 (C) by amending paragraph (1)(A) to read

21 as follows:

22 ‘‘(A) the alien entered the United States

23 on or before the date of enactment of the Cen24 tral American and Haitian Parity Act of

25 1999;’’;
8

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1 (D) in paragraph (1)(B), by striking ‘‘ex2 cept that in the case of’’ and inserting the fol3 lowing: ‘‘except that—

4 ‘‘(i) in the case of such a spouse, step5 child, or unmarried stepson or step6 daughter, the qualifying marriage was en7 tered into before the date of enactment of

8 the Central American and Haitian Parity

9 Act of 1999; and

10 ‘‘(ii) in the case of’’; and

11 (E) by adding at the end the following new

12 paragraph:

13 ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND

14 CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—

15 ‘‘(A) IN GENERAL.—In accordance with

16 regulations to be promulgated by the Attorney

17 General and the Secretary of State, upon ap18 proval of an application for adjustment of sta19 tus to that of an alien lawfully admitted for

20 permanent residence under subsection (a), an

21 alien who is the spouse or child of the alien

22 being granted such status may be issued a visa

23 for admission to the United States as an immi24 grant following to join the principal applicant,

25 if the spouse or child—
9

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1 ‘‘(i) meets the requirements in para2 graphs (1) (B) and (1) (D); and

3 ‘‘(ii) applies for such a visa within a

4 time period to be established by such regu5 lations.

6 ‘‘(B) RETENTION OF FEES FOR PROC7 ESSING APPLICATIONS.—The Secretary of State

8 may retain fees to recover the cost of immi9 grant visa application processing and issuance

10 for certain spouses and children of aliens whose

11 applications for adjustment of status under sub12 section (a) have been approved. Such fees—

13 ‘‘(i) shall be deposited as an offsetting

14 collection to any Department of State ap15 propriation to recover the cost of such

16 processing and issuance; and

17 ‘‘(ii) shall be available until expended

18 for the same purposes of such appropria19 tion to support consular activities.’’;

20 (5) in subsection (g), by inserting ‘‘, or an im21 migrant classification,’’ after ‘‘for permanent resi22 dence’’; and

23 (6) by adding at the end the following new sub24 section:
10

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1 ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this

2 section authorizes any alien to apply for admission to, be

3 admitted to, be paroled into, or otherwise lawfully return

4 to the United States, to apply for, or to pursue an applica5 tion for adjustment of status under this section without

6 the express authorization of the Attorney General.’’.

7 (b) EFFECTIVE DATE.—The amendments made by

8 paragraphs (1)(D), (2), and (6) shall be effective as if in9 cluded in the enactment of the Nicaraguan and Central

10 American Relief Act. The amendments made by para11 graphs (1) (A)–(C), (3), (4), and (5) shall take effect on

12 the date of enactment of this Act.

13 SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REF14 UGEE IMMIGRATION FAIRNESS ACT OF 1998.

15 (a) IN GENERAL.—Section 902 of the Haitian Ref16 ugee Immigration Fairness Act of 1998 is amended—

17 (1) in subsection (a)—

18 (A) by inserting before the period at the

19 end of paragraph (1)(B) the following: ‘‘, and

20 the Attorney General may waive the grounds of

21 inadmissibility specified in section 212(a)

22 (1)(A)(i) and (6)(C) of such Act for humani23 tarian purposes, to assure family unity, or when

24 it is otherwise in the public interest’’;
11

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1 (B) by redesignating paragraph (2) as

2 paragraph (3);

3 (C) by inserting after paragraph (1) the

4 following:

5 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI6 SIONS.—In determining the eligibility of an alien de7 scribed in subsection (b) or (d) for either adjustment

8 of status under this section or other relief necessary

9 to establish eligibility for such adjustment, or for

10 permission to reapply for admission to the United

11 States for the purpose of adjustment of status under

12 this section, the provisions of section 241(a)(5) of

13 the Immigration and Nationality Act shall not apply.

14 In addition, an alien who would otherwise be inad15 missible pursuant to section 212(a)(9) (A) or (C) of

16 such Act may apply for the Attorney General’s con17 sent to reapply for admission without regard to the

18 requirement that the consent be granted prior to the

19 date of the alien’s reembarkation at a place outside

20 the United States or attempt to be admitted from

21 foreign contiguous territory, in order to qualify for

22 the exception to those grounds of inadmissibility set

23 forth in section 212(a)(9) (A)(iii) and (C)(ii) of such

24 Act.’’; and
12

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1 (D) by amending paragraph (3) (as redes2 ignated by subparagraph (B)) to read as fol3 lows:

4 ‘‘(3) RELATIONSHIP OF APPLICATION TO CER5 TAIN ORDERS.—An alien present in the United

6 States who has been ordered excluded, deported, re7 moved, or ordered to depart voluntarily from the

8 United States under any provision of the Immigra9 tion and Nationality Act may, notwithstanding such

10 order, apply for adjustment of status under para11 graph (1). Such an alien may not be required, as a

12 condition of submitting or granting such application,

13 to file a separate motion to reopen, reconsider, or

14 vacate such order. Such an alien may be required to

15 seek a stay of such an order in accordance with sub16 section (c) to prevent the execution of that order

17 pending the adjudication of the application for ad18 justment of status. If the Attorney General denies a

19 stay of a final order of exclusion, deportation, or re20 moval, or if the Attorney General renders a final ad21 ministrative determination to deny the application

22 for adjustment of status, the order shall be effective

23 and enforceable to the same extent as if the applica24 tion had not been made. If the Attorney General
13

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1 grants the application for adjustment of status, the

2 Attorney General shall cancel the order.’’;

3 (2) in subsection (b)(1), by adding at the end

4 the following: ‘‘Subsection (a) shall not apply to an

5 alien lawfully admitted for permanent residence, un6 less the alien is applying for such relief under that

7 subsection in deportation or removal proceedings.’’;

8 (3) in subsection (c)(1), by adding at the end

9 the following: ‘‘Nothing in this Act shall require the

10 Attorney General to stay the removal of an alien

11 who is ineligible for adjustment of status under this

12 Act.’’;

13 (4) in subsection (d)—

14 (A) by amending the subsection heading to

15 read as follows: ‘‘SPOUSES, CHILDREN, AND

16 UNMARRIED SONS AND DAUGHTERS.—’’;

17 (B) by amending the heading of paragraph

18 (1) to read as follows: ‘‘ADJUSTMENT OF STA19 TUS.—’’;

20 (C) by amending paragraph (1)(A), to read

21 as follows:

22 ‘‘(A) the alien entered the United States

23 on or before the date of enactment of the Cen24 tral American and Haitian Parity Act of

25 1999;’’;
14

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1 (D) in paragraph (1)(B), by striking ‘‘ex2 cept that in the case of’’ and inserting the fol3 lowing: ‘‘except that—

4 ‘‘(i) in the case of such a spouse, step5 child, or unmarried stepson or step6 daughter, the qualifying marriage was en7 tered into before the date of enactment of

8 the Central American and Haitian Parity

9 Act of 1999; and

10 ‘‘(ii) in the case of’’;

11 (E) by adding at the end of paragraph (1)

12 the following new subparagraph:

13 ‘‘(E) the alien applies for such adjustment

14 before April 3, 2003.’’; and

15 (F) by adding at the end the following new

16 paragraph:

17 ‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND

18 CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—

19 ‘‘(A) IN GENERAL.—In accordance with

20 regulations to be promulgated by the Attorney

21 General and the Secretary of State, upon ap22 proval of an application for adjustment of sta23 tus to that of an alien lawfully admitted for

24 permanent residence under subsection (a), an

25 alien who is the spouse or child of the alien
15

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1 being granted such status may be issued a visa

2 for admission to the United States as an immi3 grant following to join the principal applicant,

4 if the spouse or child—

5 ‘‘(i) meets the requirements in para6 graphs (1)(B) and (1)(D); and

7 ‘‘(ii) applies for such a visa within a

8 time period to be established by such regu9 lations.

10 ‘‘(B) RETENTION OF FEES FOR PROC11 ESSING APPLICATIONS.—The Secretary of State

12 may retain fees to recover the cost of immi13 grant visa application processing and issuance

14 for certain spouses and children of aliens whose

15 applications for adjustment of status under sub16 section (a) have been approved. Such fees—

17 ‘‘(i) shall be deposited as an offsetting

18 collection to any Department of State ap19 propriation to recover the cost of such

20 processing and issuance; and

21 ‘‘(ii) shall be available until expended

22 for the same purposes of such appropria23 tion to support consular activities.’’;
16

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1 (5) in subsection (g), by inserting ‘‘, or an im2 migrant classification,’’ after ‘‘for permanent resi3 dence’’;

4 (6) by redesignating subsections (i), (j), and (k)

5 as subsections (j), (k), and (l), respectively; and

6 (7) by inserting after subsection (h) the fol7 lowing new subsection:

8 ‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this

9 section authorizes any alien to apply for admission to, be

10 admitted to, be paroled into, or otherwise lawfully return

11 to the United States, to apply for, or to pursue an applica12 tion for adjustment of status under this section without

13 the express authorization of the Attorney General.’’.

14 (b) EFFECTIVE DATE.—The amendments made by

15 paragraphs (1)(D), (2), and (6) shall be effective as if in16 cluded in the enactment of the Haitian Refugee Immigra17 tion Fairness Act of 1998. The amendments made by

18 paragraphs (1) (A)–(C), (3), (4), and (5) shall take effect

19 on the date of enactment of this Act.

20 SEC. 107. MOTIONS TO REOPEN.

21 (a) NATIONALS OF HAITI.—Notwithstanding any

22 time and number limitations imposed by law on motions

23 to reopen, a national of Haiti who, on the date of enact24 ment of this Act, has a final administrative denial of an

25 application for adjustment of status under the Haitian
17

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1 Refugee Immigration Fairness Act of 1998, and is made

2 eligible for adjustment of status under that Act by the

3 amendments made by this title, may file one motion to

4 reopen an exclusion, deportation, or removal proceeding

5 to have the application reconsidered. Any such motion

6 shall be filed within 180 days of the date of enactment

7 of this Act. The scope of any proceeding reopened on this

8 basis shall be limited to a determination of the alien’s eli9 gibility for adjustment of status under the Haitian Ref10 ugee Immigration Fairness Act of 1998.

11 (b) NATIONALS OF CUBA.—Notwithstanding any

12 time and number limitations imposed by law on motions

13 to reopen, a national of Cuba or Nicaragua who, on the

14 date of enactment of the Act, has a final administrative

15 denial of an application for adjustment of status under

16 the Nicaraguan Adjustment and Central American Relief

17 Act, and who is made eligible for adjustment of status

18 under that Act by the amendments made by this title, may

19 file one motion to reopen an exclusion, deportation, or re20 moval proceeding to have the application reconsidered.

21 Any such motion shall be filed within 180 days of the date

22 of enactment of this Act. The scope of any proceeding re23 opened on this basis shall be limited to a determination

24 of the alien’s eligibility for adjustment of status under the

25 Nicaraguan Adjustment and Central American Relief Act.
18

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1 TITLE II—FILING DEADLINES

2 FOR ADJUSTMENT OF STATUS

3 OF CERTAIN CUBAN, NICA4 RAGUAN, AND HAITIAN NA5 TIONALS

6 SEC. 201. EXTENSION OF FILING DEADLINES FOR APPLICA7 TIONS FOR ADJUSTMENT OF STATUS OF CER8 TAIN CUBAN, NICARAGUAN, AND HAITIAN NA9 TIONALS.

10 (a) NICARAGUAN ADJUSTMENT AND CENTRAL

11 AMERICAN RELIEF ACT.—Notwithstanding the expiration

12 of the application filing deadline in section 202(a)(1) of

13 the Nicaraguan Adjustment and Central American Relief

14 Act (as contained in Public Law 105–100; 8 U.S.C. 1255

15 note), a Cuban or Nicaraguan national who is otherwise

16 eligible for adjustment of status under that section may

17 apply for that status through the date that is one year

18 after the date of promulgation by the Attorney General

19 of final regulations for the implementation of that section.

20 (b) HAITIAN REFUGEE IMMIGRATION FAIRNESS

21 ACT.—Notwithstanding the expiration of the application

22 filing deadline in section 902(a) of the Haitian Refugee

23 Immigration Fairness Act of 1998 (as added by section

24 101(h) of division A of Public Law 105–277), a Haitian

25 national who is otherwise eligible for adjustment of status
19

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1 under that section may apply for that status through the

2 date that is one year after the date of promulgation by

3 the Attorney General of final regulations for the imple4 mentation of that section.

5 TITLE III—LIBERIAN REFUGEE

6 IMMIGRATION FAIRNESS

7 SEC. 301. SHORT TITLE.

8 This title may be referred to as the ‘‘Liberian Ref9 ugee Immigration Fairness Act of 2000’’.

10 SEC. 302. ADJUSTMENT OF STATUS.

11 (a) ADJUSTMENT OF STATUS.—

12 (1) IN GENERAL.—

13 (A) ELIGIBILITY.—The Attorney General

14 shall adjust the status of an alien described in

15 subsection (b) to that of an alien lawfully ad16 mitted for permanent residence, if the alien—

17 (i) applies for adjustment before April

18 1, 2004; and

19 (ii) is otherwise eligible to receive an

20 immigrant visa and is otherwise admissible

21 to the United States for permanent resi22 dence, except that, in determining such ad23 missibility, the grounds for inadmissibility

24 specified in paragraphs (4), (5), (6)(A),

25 and (7)(A) of section 212(a) of the Immi-
20

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1 gration and Nationality Act shall not

2 apply.

3 (B) INELIGIBLE ALIENS.—An alien shall

4 not be eligible for adjustment of status under

5 this section if the Attorney General finds that

6 the alien has been convicted of—

7 (i) any aggravated felony (as defined

8 in section 101(a)(43) of the Immigration

9 and Nationality Act (8 U.S.C.

10 1101(a)(43)); or

11 (ii) two or more crimes involving

12 moral turpitude.

13 (2) RELATIONSHIP OF APPLICATION TO CER14 TAIN ORDERS.—An alien present in the United

15 States who has been ordered excluded, deported, re16 moved, or ordered to depart voluntarily from the

17 United States under any provision of the Immigra18 tion and Nationality Act may, notwithstanding such

19 order, apply for adjustment of status under para20 graph (1), if otherwise qualified under that para21 graph. Such an alien may not be required, as a con22 dition on submitting or granting such application, to

23 file a separate motion to reopen, reconsider, or va24 cate such order. If the Attorney General grants the

25 application, the Attorney General shall cancel the
21

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1 order. If the Attorney General makes a final decision

2 to deny the application, the order shall be effective

3 and enforceable to the same extent as if the applica4 tion had not been made.

5 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA6 TUS.—

7 (1) IN GENERAL.—The benefits provided by

8 subsection (a) shall apply to any alien—

9 (A) who is—

10 (i) a national of Liberia; and

11 (ii) has been continuously present in

12 the United States from January 1, 1999,

13 through the date of application under sub14 section (a); or

15 (B) who is the spouse, child, or unmarried

16 son or daughter of an alien described in sub17 paragraph (A).

18 (2) DETERMINATION OF CONTINUOUS PHYS19 ICAL PRESENCE.—For purposes of establishing the

20 period of continuous physical presence referred to in

21 paragraph (1), an alien shall not be considered to

22 have failed to maintain continuous physical presence

23 by reasons of an absence, or absences, from the

24 United States for any period or periods amounting

25 in the aggregate to not more than 180 days.
22

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1 (c) STAY OF REMOVAL.—

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

3 provide by regulation for an alien who is subject to

4 a final order of deportation or removal or exclusion

5 to seek a stay of such order based on the filing of

6 an application under subsection (a).

7 (2) DURING CERTAIN PROCEEDINGS.—Notwith8 standing any provision of the Immigration and Na9 tionality Act, the Attorney General shall not order

10 an alien to be removed from the United States if the

11 alien is in exclusion, deportation, or removal pro12 ceedings under any provision of such Act and has

13 applied for adjustment of status under subsection

14 (a), except where the Attorney General has made a

15 final determination to deny the application.

16 (3) WORK AUTHORIZATION.—The Attorney

17 General may authorize an alien who has applied for

18 adjustment of status under subsection (a) to engage

19 in employment in the United States during the

20 pendency of such application and may provide the

21 alien with an ‘‘employment authorized’’ endorsement

22 or other appropriate document signifying authoriza23 tion of employment, except that, if such application

24 is pending for a period exceeding 180 days and has
23

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1 not been denied, the Attorney General shall author2 ize such employment.

3 (d) RECORD OF PERMANENT RESIDENCE.—Upon

4 approval of an alien’s application for adjustment of status

5 under subsection (a), the Attorney General shall establish

6 a record of the alien’s admission for permanent record as

7 of the date of the alien’s arrival in the United States.

8 (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—

9 The Attorney General shall provide to applicants for ad10 justment of status under subsection (a) the same right to,

11 and procedures for, administrative review as are provided

12 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 (f) LIMITATION ON JUDICIAL REVIEW.—A deter19 mination by the Attorney General as to whether the status

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

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

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

23 Whenever an alien is granted the status of having been

24 lawfully admitted for permanent residence pursuant to

25 this section, the Secretary of State shall not be required
24

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1 to reduce the number of immigrant visas authorized to be

2 issued under any provision of the Immigration and Na3 tionality Act.

4 (h) APPLICATION OF IMMIGRATION AND NATION5 ALITY ACT PROVISIONS.—Except as otherwise specifically

6 provided in this title, the definitions contained in the Im7 migration and Nationality Act shall apply in the adminis8 tration of this section. Nothing contained in this title shall

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

10 the powers, duties, function, or authority of the Attorney

11 General in the administration and enforcement of such

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

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

14 to be granted the status of having been lawfully admitted

15 for permanent residence under this section shall not pre16 clude the alien from seeking such status under any other

17 provision of law for which the alien may be eligible.
25

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1 TITLE IV—INCREASED FLEXI2 BILITY IN EMPLOYMENT3 BASED IMMIGRATION

4 SEC. 401. LIMITATION ON PER COUNTRY CEILING WITH RE5 SPECT TO EMPLOYMENT-BASED IMMI6 GRANTS.

7 (a) SPECIAL RULES.—Section 202(a) of the Immi8 gration and Nationality Act (8 U.S.C. 1152(a)) is amend9 ed by adding at the end the following new paragraph:

10 ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI11 GRANTS.—

12 ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS

13 NOT SUBJECT TO PER COUNTRY LIMITATION IF

14 ADDITIONAL VISAS AVAILABLE.—If the total

15 number of visas available under paragraph (1),

16 (2), (3), (4), or (5) of section 203(b) for a cal17 endar quarter exceeds the number of qualified

18 immigrants who may otherwise be issued such

19 visas, the visas made available under that para20 graph shall be issued without regard to the nu21 merical limitation under paragraph (2) of this

22 subsection during the remainder of the calendar

23 quarter.

24 ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN

25 COUNTRIES SUBJECT TO SUBSECTION (E).—In
26

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1 the case of a foreign state or dependent area to

2 which subsection (e) applies, if the total number

3 of visas issued under section 203(b) exceeds the

4 maximum number of visas that may be made

5 available to immigrants of the state or area

6 under section 203(b) consistent with subsection

7 (e) (determined without regard to this para8 graph), in applying subsection (e) all visas shall

9 be deemed to have been required for the classes

10 of aliens specified in section 203(b).’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) Section 202(a)(2) of the Immigration and

13 Nationality Act (8 U.S.C. 1152(a)(2)) is amended

14 by striking ‘‘paragraphs (3) and (4)’’ and inserting

15 ‘‘paragraphs (3), (4), and (5)’’.

16 (2) Section 202(e)(3) of the Immigration and

17 Nationality Act (8 U.S.C. 1152(e)(3)) is amended by

18 striking ‘‘the proportion of the visa numbers’’ and

19 inserting ‘‘except as provided in subsection (a)(5),

20 the proportion of the visa numbers’’.

21 (c) ONE-TIME PROTECTION UNDER PER COUNTRY

22 CEILING.—Notwithstanding section 214(g)(4) of the Im23 migration and Nationality Act, any alien who—
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1 (1) is the beneficiary of a petition filed under

2 section 204(a) for a preference status under para3 graph (1), (2), or (3) of section 203(b); and

4 (2) is eligible to be granted that status but for

5 application of the per country limitations applicable

6 to immigrants under those paragraphs,

7 may apply for, and the Attorney General may grant, an

8 extension of such nonimmigrant status until the alien’s

9 application for adjustment of status has been processed

10 and a decision made thereon.

11 SEC. 402. INCREASED PORTABILITY OF H–1B STATUS.

12 (a) IN GENERAL.—Section 214 of the Immigration

13 and Nationality Act (8 U.S.C. 1184) is amended by add14 ing at the end the following new subsection:

15 ‘‘(m)(1) A nonimmigrant alien described in para16 graph (2) who was previously issued a visa or otherwise

17 provided nonimmigrant status under section

18 101(a)(15)(H)(i)(b) is authorized to accept new employ19 ment upon the filing by the prospective employer of a new

20 petition on behalf of such nonimmigrant as provided under

21 subsection (a). Employment authorization shall continue

22 for such alien until the new petition is adjudicated. If the

23 new petition is denied, such authorization shall cease.

24 ‘‘(2) A nonimmigrant alien described in this para25 graph is a nonimmigrant alien—
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1 ‘‘(A) who has been lawfully admitted into the

2 United States;

3 ‘‘(B) on whose behalf an employer has filed a

4 nonfrivolous petition for new employment before the

5 date of expiration of the period of stay authorized by

6 the Attorney General; and

7 ‘‘(C) who, subsequent to such lawful admission,

8 has not been employed without authorization in the

9 United States before the filing of such petition.’’.

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

11 subsection (a) shall apply to petitions filed before, on, or

12 after the date of enactment of this Act.

13 SEC. 403. SPECIAL PROVISIONS IN CASES OF LENGTHY AD14 JUDICATIONS.

15 (a) EXEMPTION FROM LIMITATION.—The limitation

16 contained in section 214(g)(4) of the Immigration and Na17 tionality Act with respect to the duration of authorized

18 stay shall not apply to any nonimmigrant alien previously

19 issued a visa or otherwise provided nonimmigrant status

20 under section 101(a)(15)(H)(i)(b) of the Immigration and

21 Nationality Act on whose behalf a petition under section

22 204(b) to accord the alien immigrant status under section

23 203(b), or an application for adjustment of status under

24 section 245 to accord the alien status under section
29

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1 203(b), has been filed, if 365 days or more have elapsed

2 since—

3 (1) the filing of a labor certification application

4 on the alien’s behalf (if such certification is required

5 for the alien to obtain status under section 203(b));

6 or

7 (2) the filing of the petition under section

8 204(b).

9 (b) EXTENSION OF H1–B WORKER STATUS.—The

10 Attorney General shall extend the stay of an alien who

11 qualifies for an exemption under subsection (a) in one-year

12 increments until such time as a final decision is made on

13 the alien’s lawful permanent residence.

14 (c) INCREASED JOB FLEXIBILITY FOR LONG DE15 LAYED APPLICANTS FOR ADJUSTMENT OF STATUS.—

16 (1) Section 204 of the Immigration and Nation17 ality Act (8 U.S.C. 1154) is amended by adding at

18 the end the following new subsection:

19 ‘‘(j) JOB FLEXIBILITY FOR LONG DELAYED APPLI20 CANTS FOR ADJUSTMENT OF STATUS TO PERMANENT

21 RESIDENCE.—A petition under subsection (a)(1)(D) for

22 an individual whose application for adjustment of status

23 pursuant to section 245 has been filed and remained

24 unadjudicated for 180 days or more shall remain valid

25 with respect to a new job if the individual changes jobs
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1 or employers if the new job is in the same or a similar

2 occupational classification as the job for which the petition

3 was filed.’’.

4 (2) Section 212(a)(5)(A) of the Immigration

5 and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is

6 amended by adding at the end the following new

7 clause:

8 ‘‘(iv) LONG DELAYED ADJUSTMENT

9 APPLICANTS.—A certification made under

10 clause (i) with respect to an individual

11 whose petition is covered by section 204(j)

12 shall remain valid with respect to a new

13 job accepted by the individual after the in14 dividual changes jobs or employers if the

15 new job is in the same or a similar occupa16 tional classification as the job for which

17 the certification was issued.’’.

18 (d) RECAPTURE OF UNUSED EMPLOYMENT-BASED

19 IMMIGRANT VISAS.—

20 (1) IN GENERAL.—Notwithstanding any other

21 provision of law, the number of employment-based

22 visas (as defined in paragraph (3)) made available

23 for a fiscal year (beginning with fiscal year 2001)

24 shall be increased by the number described in para25 graph (2). Visas made available under this sub-
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1 section shall only be available in a fiscal year to em2 ployment-based immigrants under paragraph (1),

3 (2), or (3) of section 203(b) of the Immigration and

4 Nationality Act.

5 (2) NUMBER AVAILABLE.—

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the number described in this para8 graph is the difference between the number of

9 employment-based visas that were made avail10 able in fiscal year 1999 and 2000 and the num11 ber of such visas that were actually used in

12 such fiscal years.

13 (B) REDUCTION.—The number described

14 in subparagraph (A) shall be reduced, for each

15 fiscal year after fiscal year 2001, by the cumu16 lative number of immigrant visas made avail17 able under paragraph (1) for previous fiscal

18 years.

19 (C) CONSTRUCTION.—Nothing in this

20 paragraph shall be construed as affecting the

21 application of section 201(c)(3)(C) of the Immi22 gration and Nationality Act (8 U.S.C.

23 1151(c)(3)(C)).

24 (3) EMPLOYMENT-BASED VISAS DEFINED.—For

25 purposes of this subsection, the term ‘‘employment-
32

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1 based visa’’ means an immigrant visa which is issued

2 pursuant to the numerical limitation under section

3 203(b) of the Immigration and Nationality Act (8

4 U.S.C. 1153(b)).

5 TITLE V—RESTORATION OF

6 SECTION 245(i)

7 SEC. 501. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI8 BILITY FOR ADJUSTMENT OF STATUS UNDER

9 SECTION 245(i).

10 (a) IN GENERAL.—Section 245(i)(1) of the Immigra11 tion and Nationality Act (8 U.S.C. 1255(i)(1)) is amended

12 by striking ‘‘(i)(1)’’ through ‘‘The Attorney General’’ and

13 inserting the following:

14 ‘‘(i)(1) Notwithstanding the provisions of subsections

15 (a) and (c) of this section, an alien physically present in

16 the United States who—

17 ‘‘(A) entered the United States without inspec18 tion; or

19 ‘‘(B) is within one of the classes enumerated in

20 subsection (c) of this section;

21 may apply to the Attorney General for the adjustment of

22 his or her status to that of an alien lawfully admitted for

23 permanent residence. The Attorney General’’.

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

25 subsection (a) shall be effective as if included in the enact-
33

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1 ment of the Departments of Commerce, Justice, and

2 State, the Judiciary, and Related Agencies Appropriations

3 Act, 1998 (Public Law 105–119; 111 Stat. 2440).

4 TITLE VI—REGISTRY DATES

5 SEC. 601. SHORT TITLE.

6 This title may be cited as the ‘‘Date of Registry Act

7 of 2000’’.

8 SEC. 602. RECORD OF ADMISSION FOR PERMANENT RESI9 DENCE IN THE CASE OF CERTAIN ALIENS.

10 (a) IN GENERAL.—Section 249 of the Immigration

11 and Nationality Act (8 U.S.C. 1259) is amended—

12 (1) in subsection (a), by striking ‘‘January 1,

13 1972’’ and inserting ‘‘January 1, 1986’’; and

14 (2) by striking ‘‘JANUARY 1, 1972’’ in the head15 ing and inserting ‘‘JANUARY 1, 1986’’.

16 (b) EFFECTIVE DATES.—

17 (1) GENERAL RULE.—The amendments made

18 by subsection (a) shall take effect on the date of en19 actment of this Act.

20 (2) EXTENSION OF DATE OF REGISTRY.—

21 (A) PERIOD BEGINNING JANUARY 1,

22 2002.—Beginning on January 1, 2002, section

23 249 of the Immigration and Nationality Act (8

24 U.S.C. 1259) is amended by striking ‘‘January
34

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1 1, 1986’’ each place it appears and inserting

2 ‘‘January 1, 1987’’.

3 (B) PERIOD BEGINNING JANUARY 1,

4 2003.—Beginning on January 1, 2003, section

5 249 of such Act is amended by striking ‘‘Janu6 ary 1, 1987’’ each place it appears and insert7 ing ‘‘January 1, 1988’’.

8 (C) PERIOD BEGINNING JANUARY 1,

9 2004.—Beginning on January 1, 2004, section

10 249 of such Act is amended by striking ‘‘Janu11 ary 1, 1988’’ each place it appears and insert12 ing ‘‘January 1, 1989’’.

13 (D) PERIOD BEGINNING JANUARY 1,

14 2005.—Beginning on January 1, 2005, section

15 249 of such Act is amended by striking ‘‘Janu16 ary 1, 1989’’ each place it appears and insert17 ing ‘‘January 1, 1990’’.

18 (E) PERIOD BEGINNING JANUARY 1,

19 2006.—Beginning on January 1, 2006, section

20 249 of such Act is amended by striking ‘‘Janu21 ary 1, 1990’’ each place it appears and insert22 ing ‘‘January 1, 1991’’.
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1 TITLE VII—BACKLOG REDUC2 TION FOR FAMILY-SPON3 SORED IMMIGRANTS

4 SEC. 701. FAMILY BACKLOG REDUCTION.

5 (a) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM6 MIGRANTS.—Notwithstanding section 201(a)(1) of the Im7 migration and Nationality Act, the number of aliens who

8 may be issued immigrant visas or who may otherwise ac9 quire the status of an alien lawfully admitted for perma10 nent residence as a family-sponsored immigrant described

11 in section 203(a) of such Act (or who are admitted under

12 section 211(a) of such Act on the basis of a prior issuance

13 of a visa to their accompanying parent under such section

14 203(a)) in any fiscal year is limited to—

15 (1) the number provided for in section

16 201(a)(1) of such Act, plus

17 (2) 200,000 for fiscal year 2001 and each fiscal

18 year thereafter.

19 (b) PER COUNTRY LEVELS FOR FAMILY-SPONSORED

20 IMMIGRANTS.—(1) Notwithstanding section 202(a)(2) of

21 the Immigration and Nationality Act, the total number of

22 immigrant visas made available to natives of any single

23 foreign state or dependent area under subsections (a) and

24 (b) of section 203 of that Act in any fiscal year may not

25 exceed the sum of—
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1 (A) the number specified in section 202(a)(2) of

2 that Act, plus

3 (B) the number computed under paragraph (2).

4 (2) The number computed under this paragraph is—

5 (A) 33 percent of the number computed under

6 section 202(a)(2) of that Act for each of fiscal years

7 2001, 2002, 2003, 2004, and 2005, or

8 (B) 25 percent of the number computed under

9 section 202(a)(2) for each fiscal year thereafter.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—(1)

11 There are authorized to be appropriated to the Depart12 ment of Justice and the Department of State such sums

13 as may be necessary to provide for the additional visa

14 issuances and admissions authorized under subsection (a).

15 (2) There are authorized to be appropriated to the

16 Department of Justice such sums as may be necessary to

17 process backlog adjudications of the Immigration and

18 Naturalization Service.

19 TITLE VIII—ALIEN CHILDREN

20 PROTECTION

21 SEC. 801. SHORT TITLE.

22 This Act may be cited as the ‘‘Alien Children Protec23 tion Act of 2000’’.
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1 SEC. 802. USE OF APPROPRIATE FACILITIES FOR THE DE2 TENTION OF ALIEN CHILDREN.

3 (a) IN GENERAL.—Except as provided in subsection

4 (b), in the case of any alien under 18 years of age who

5 is awaiting final adjudication of the alien’s immigration

6 status and who does not have a parent, guardian, or rel7 ative in the United States into whose custody the alien

8 may be released, the Attorney General shall place such

9 alien in a facility appropriate for children not later than

10 72 hours after the Attorney General has taken custody

11 of the alien.

12 (b) EXCEPTION.—The provisions of subsection (a) do

13 not apply to any alien under 18 years of age who the At14 torney General finds has engaged in delinquent behavior,

15 is an escape risk, or has a security need greater than that

16 provided in a facility appropriate for children.

17 (c) DEFINITION.—In this section, the term ‘‘facility

18 appropriate for children’’ means a facility, such as foster

19 care or group homes, operated by a private nonprofit orga20 nization, or by a local governmental entity, with experience

21 and expertise in providing for the legal, psychological, edu22 cational, physical, social, nutritional, and health require23 ments of children. The term ‘‘facility appropriate for chil24 dren’’ does not include any facility used primarily to house

25 adults or delinquent minors.
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1 SEC. 803. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

2 Section 245 of the Immigration and Nationality Act

3 (8 U.S.C. 1255) is amended by adding at the end the fol4 lowing:

5 ‘‘(l)(1) The Attorney General may, in the Attorney

6 General’s discretion, adjust the status of an alien under

7 18 years of age who has no lawful immigration status in

8 the United States to that of an alien lawfully admitted

9 for permanent residence if—

10 ‘‘(A)(i) the alien (or a parent or legal guardian

11 acting on the alien’s behalf) has applied for the sta12 tus; and

13 ‘‘(ii) the alien has resided in the United States

14 for a period of 5 consecutive years; or

15 ‘‘(B)(i) no parent or legal guardian requests the

16 alien’s return to the country of the parent’s or

17 guardian’s domicile, or with respect to whom the At18 torney General finds that returning the child to his

19 or her country of origin would subject the child to

20 mental or physical abuse; and

21 ‘‘(ii) the Attorney General determines that it is

22 in the best interests of the alien to remain in the

23 United States notwithstanding the fact that the

24 alien is not eligible for asylum protection under sec25 tion 208 or protection under section 101(a)(27)(J).
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1 ‘‘(2) The Attorney General shall make a determina2 tion under paragraph (1)(B)(ii) based on input from a

3 person or entity that is not employed by or a part of the

4 Service and that is qualified to evaluate children and opine

5 as to what is in their best interest in a given situation.

6 ‘‘(3) Upon the approval of adjustment of status of

7 an alien under paragraph (1), the Attorney General shall

8 record the alien’s lawful admission for permanent resi9 dence as of the date of such approval, and the Secretary

10 of State shall reduce by one the number of visas author11 ized to be issued under sections 201(d) and 203(b)(4) for

12 the fiscal year then current.

13 ‘‘(4) Not more than 500 aliens may be granted per14 manent resident status under this subsection in any fiscal

15 year.’’.

16 SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN

17 CHILDREN.

18 (a) ASSIGNMENT.—Whenever a covered alien is a

19 party to an immigration proceeding, the Attorney General

20 shall assign such covered alien a child welfare professional

21 or other individual who has received training in child wel22 fare matters and who is recognized by the Attorney Gen23 eral as being qualified to serve as a guardian ad litem (in

24 this section referred to as the ‘‘guardian’’). The guardian
40

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1 shall not be an employee of the Immigration and Natu2 ralization Service.

3 (b) RESPONSIBILITIES.—The guardian shall ensure

4 that—

5 (1) the covered alien’s best interests are pro6 moted while the covered alien participates in, or is

7 subject to, the immigration proceeding; and

8 (2) the covered alien understands the pro9 ceeding.

10 (c) REQUIREMENTS ON THE ATTORNEY GENERAL.—

11 The Attorney General shall serve notice of all matters af12 fecting a covered alien’s immigration status (including all

13 papers filed in an immigration proceeding) on the covered

14 alien’s guardian.

15 (d) DEFINITION.—In this section, the term ‘‘covered

16 alien’’ means an alien—

17 (1) who is under 18 years of age;

18 (2) who has no lawful immigration status in the

19 United States and is not within the physical custody

20 of a parent or legal guardian; and

21 (3) whom no parent or legal guardian requests

22 the person’s return to the country of the parent’s or

23 guardian’s domicile or with respect to whom the At24 torney General finds that returning the child to his
41

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1 or her country of origin would subject the child to

2 physical or mental abuse.

3 SEC. 805. SENSE OF CONGRESS.

4 Congress commends the Immigration and Naturaliza5 tion Service for its issuance of its ‘‘Guidelines for Chil6 dren’s Asylum Claims’’, dated December 1998, and en7 courages and supports the Service’s implementation of

8 such guidelines in an effort to facilitate the handling of

9 children’s asylum claims.

10 SEC. 806. GENERAL ACCOUNTING OFFICE REPORT.

11 The Comptroller General of the United States shall

12 prepare a report to Congress regarding whether and to

13 what extent United States Embassy and consular officials

14 are fulfilling their obligation to reunify, on a priority basis,

15 children in foreign countries whose parent or parents are

16 legally present in the United States.

17 TITLE IX—BENEFITS

18 RESTORATION

19 SEC. 901. SHORT TITLE.

20 This title may be cited as the ‘‘Immigrant Children’s

21 Health Improvement Act of 2000’’.
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1 SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREG2 NANT WOMEN AND CHILDREN FOR MED3 ICAID.

4 (a) IN GENERAL.—Subtitle A of title IV of the Per5 sonal Responsibility and Work Opportunity Reconciliation

6 Act of 1996 (8 U.S.C. 1611–1614) is amended by adding

7 at the end the following:

8 ‘‘SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR

9 MEDICAID.

10 ‘‘(a) OPTIONAL MEDICAID ELIGIBILITY FOR CER11 TAIN ALIENS.—A State may elect to waive (through an

12 amendment to its State plan under title XIX of the Social

13 Security Act) the application of sections 401(a), 402(b),

14 403, and 421 with respect to eligibility for medical assist15 ance under the program defined in section 402(b)(3)(C)

16 (relating to the medicaid program) of aliens who are law17 fully residing in the United States (including battered

18 aliens described in section 431(c)), within any or all (or

19 any combination) of the following categories of individuals:

20 ‘‘(1) PREGNANT WOMEN.—Women during preg21 nancy (and during the 60-day period beginning on

22 the last day of the pregnancy).

23 ‘‘(2) CHILDREN.—Children (as defined under

24 such plan), including optional targeted low-income

25 children described in section 1905(u)(2)(B).’’.
43

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1 (b) APPLICABILITY OF AFFIDAVITS OF SUPPORT.—

2 Section 213A(a) of the Immigration and Nationality Act

3 (8 U.S.C. 1183a(a)) is amended by adding at the end the

4 following:

5 ‘‘(4) INAPPLICABILITY TO BENEFITS PROVIDED

6 UNDER A STATE WAIVER.—For purposes of this sec7 tion, the term ‘means-tested public benefits’ does not

8 include benefits provided pursuant to a State elec9 tion and waiver described in section 405 of the Per10 sonal Responsibility and Work Opportunity Rec11 onciliation Act of 1996.’’.

12 (c) CONFORMING AMENDMENTS.—

13 (1) Section 401(a) of the Personal Responsi14 bility and Work Opportunity Reconciliation Act of

15 1996 (8 U.S.C. 1611(a)) is amended by inserting

16 ‘‘and section 405’’ after ‘‘subsection (b)’’.

17 (2) Section 402(b)(1) of the Personal Responsi18 bility and Work Opportunity Reconciliation Act of

19 1996 (8 U.S.C. 1612(b)(1)) is amended by inserting

20 ‘‘, section 405,’’ after ‘‘403’’.

21 (3) Section 403(a) of such Act (8 U.S.C.

22 1613(a)) is amended by inserting ‘‘section 405 and’’

23 after ‘‘provided in’’.

24 (4) Section 421(a) of such Act (8 U.S.C.

25 1631(a)) is amended by inserting ‘‘except as pro-
44

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1 vided in section 405,’’ after ‘‘Notwithstanding any

2 other provision of law,’’.

3 (5) Section 1903(v)(1) of the Social Security

4 Act (42 U.S.C. 1396b(v)(1)) is amended by insert5 ing ‘‘and except as permitted under a waiver de6 scribed in section 405(a) of the Personal Responsi7 bility and Work Opportunity Reconciliation Act of

8 1996,’’ after ‘‘paragraph (2),’’.

9 (d) EFFECTIVE DATE.—The amendments made by

10 this section take effect on October 1, 1999.

11 SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT CHIL12 DREN FOR SCHIP.

13 (a) IN GENERAL.—Section 405 of the Personal Re14 sponsibility and Work Opportunity Reconciliation Act of

15 1996, as added by section 102(a), is further amended—

16 (1) in the heading, by inserting ‘‘AND SCHIP’’

17 before the period; and under that section may apply

18 for that status through the date that is one year

19 after the date of promulgation by the Attorney Gen20 eral of final regulations for the implementation of

21 that section.
45

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1 TITLE X—ADMISSION OF

2 SPOUSES AND CHILDREN OF

3 CERTAIN NONIMMIGRANTS

4 SEC. 1001. ADMISSION OF CERTAIN ‘‘B’’ AND ‘‘F’’ VISA NON5 IMMIGRANTS WHO ARE SPOUSES OR CHIL6 DREN OF UNITED STATES PERMANENT RESI7 DENT ALIENS.

8 Section 212 of the Immigration and Nationality Act

9 (8 U.S.C. 1182) is amended by adding at the end thereof

10 the following new subsection:

11 ‘‘(r)(1) Notwithstanding any other provision of law,

12 no alien—

13 ‘‘(A) who is—

14 ‘‘(i) the spouse or child of an alien lawfully

15 admitted for permanent residence to the United

16 States; and

17 ‘‘(ii) not eligible to enter the United States

18 as an immigrant except by reason of being such

19 a spouse or child; and

20 ‘‘(B) who seeks admission to the United States

21 for purposes of visiting the permanent resident

22 spouse or parent or for studying in the United

23 States; and

24 ‘‘(C) who is otherwise qualified;
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1 may be denied issuance of a visa, or may be denied admis2 sion to the United States, as a nonimmigrant alien de3 scribed in section 101(a)(15)(B) who is coming to the

4 United States temporarily for pleasure or as a non5 immigrant alien described in section 101(a)(15)(F).

6 ‘‘(2) Whenever an alien described in paragraph (1)

7 seeks admission to the United States as a nonimmigrant

8 alien described in section 101(a)(15)(B) who is coming

9 temporarily for pleasure or as a nonimmigrant alien de10 scribed in section 101(a)(15)(F), the fact that a petition

11 has been filed on the alien’s behalf for classification of

12 the alien as an alien lawfully admitted for permanent resi13 dence shall not constitute evidence of the alien’s intention

14 to abandon his or her foreign residence.’’.

Æ