I

107TH CONGRESS

1ST SESSION H. R. 1726

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

MAY 3, 2001

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 Attorney General

7 to that of an alien lawfully admitted for permanent resi8 dence, 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 by the Attorney General pursuant

16 to the designation of Montserrat under section

17 244A(b)(1) of the Immigration and Nationality Act

18 on August 28, 1997.

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

20 An alien present in the United States who has been

21 ordered excluded, deported, or removed, or ordered to de22 part voluntarily, from the United States through an order

23 of removal issued under the Immigration and Nationality

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

25 adjustment of status under section 1. Such an alien shall
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1 not be required to file a separate motion to reopen, recon2 sider, or vacate the order of removal. If the Attorney Gen3 eral approves the application, the Attorney General shall

4 cancel the order of removal. If the Attorney General ren5 ders a final administrative decision to deny the applica6 tion, the order of removal shall be effective and enforce7 able to the same extent as if the application had not been

8 made.

9 SEC. 3. WORK AUTHORIZATION.

10 The Attorney General shall authorize an alien who

11 has applied for adjustment of status under section 1 to

12 engage in employment in the United States during the

13 pendency of such application and shall provide the alien

14 with an appropriate document signifying authorization of

15 employment.

16 SEC. 4. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY

17 MEMBERS.

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

19 adjusted by the Attorney General to that of an alien law20 fully admitted for permanent residence if the alien—

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

22 daughter of an alien whose status is adjusted under

23 section 1;
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1 (2) applies for adjustment under this section

2 within 2 years after the date of enactment of this

3 Act; and

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

5 States for permanent residence.

6 (b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI7 CABLE.—For purposes of determining admissibility under

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

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

10 of the Immigration and Nationality Act shall not apply.

11 SEC. 5. AVAILABILITY OF REVIEW.

12 (a) ADMINISTRATIVE REVIEW.—The Attorney Gen13 eral shall provide to aliens applying for adjustment of sta14 tus under section 1 or 4 the same right to, and procedures

15 for, administrative review as are provided to—

16 (1) applicants for adjustment of status under

17 section 245 of the Immigration and Nationality Act;

18 or

19 (2) aliens subject to removal proceedings under

20 section 240 of such Act.

21 (b) LIMITATION ON JUDICIAL REVIEW.—A deter22 mination by the Attorney General as to whether the status

23 of any alien should be adjusted under this Act is final and

24 shall not be subject to review by any court.
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1 SEC. 6. NO OFFSET IN NUMBER OF VISAS AVAILABLE.

2 The granting of adjustment of status under section

3 1 shall not reduce the number of immigrant visas author4 ized to be issued under any provision of the Immigration

5 and Nationality Act.

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