I

107TH CONGRESS

1ST SESSION H. R. 1713

To amend the Immigration and Nationality Act to restore the scope of

eligibility for adjustment of status under section 245(i) of that Act

to that in effect before November 1997.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 2001

Mr. GUTIERREZ (for himself, Mrs. MORELLA, Mr. MENENDEZ, Ms. SOLIS,

Mrs. NAPOLITANO, Mr. LAFALCE, Ms. VELA ́ZQUEZ, Mr. RANGEL, Mr.

RODRIGUEZ, Mr. DOOLEY of California, Mr. SERRANO, Ms. SANCHEZ,

Ms. ROYBAL-ALLARD, Mr. BACA, and Mr. REYES) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to restore

the scope of eligibility for adjustment of status under

section 245(i) of that Act to that in effect before November 1997.

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. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI2 BILITY FOR ADJUSTMENT OF STATUS UNDER

3 SECTION 245(I).

4 (a) ELIGIBILITY FOR ADJUSTMENT OF STATUS.—

5 Section 245(i) of the Immigration and Nationality Act (8

6 U.S.C. 1255(i)) is amended—

7 (1) in paragraph (1), by striking ‘‘(i)(1)’’

8 through ‘‘to that of an alien lawfully admitted for

9 permanent residence.’’ and inserting the following:

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

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

12 the United States who—

13 ‘‘(A) entered the United States without inspec14 tion; or

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

16 subsection (c) of this section;

17 may apply to the Attorney General for the adjustment of

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

19 permanent residence.’’; and

20 (2) in paragraph (3)(B), by striking ‘‘, except

21 that’’ through ‘‘286(m)’’.

22 (b) EFFECTIVE DATES.—

23 (1) ELIGIBILITY.—The amendment made by

24 subsection (a)(1) shall be effective as if included in

25 the enactment of section 111 of the Departments of

26 Commerce, Justice, and State, the Judiciary, and
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1 Related Agencies Appropriations Act, 1998 (Public

2 Law 105–119; 111 Stat. 2458).

3 (2) USE OF FUNDS.—The amendment made by

4 subsection (a)(2) shall be effective as if included in

5 the enactment of section 1502 of division B of the

6 Miscellaneous Appropriations Act, 2001, as enacted

7 into law by section 1(a)(4) of Public Law 106–554.

8 (c) APPLICATION OF RELIEF TO DEPARTED

9 ALIENS.—

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

11 establish a process under which an alien described in

12 paragraph (2) may apply (or reapply) for adjust13 ment of status under section 245(i) of the Immigra14 tion and Nationality Act, as amended by subsection

15 (a). For purposes of determining the eligibility of

16 such an alien for such adjustment, the departure de17 scribed in paragraph (2) shall be disregarded.

18 (2) ALIENS DESCRIBED.—An alien described in

19 this paragraph is an alien who—

20 (A) was ineligible for adjustment of status

21 under section 245(i) of the Immigration and

22 Nationality Act, as in effect before the date of

23 the enactment of this Act;

24 (B) departed from the United States after

25 the date of the enactment of the Departments
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1 of Commerce, Justice, and State, the Judiciary,

2 and Related Agencies Appropriations Act, 1998

3 and before the date of the enactment of this

4 Act; and

5 (C) would be eligible for adjustment of sta6 tus to that of alien lawfully admitted for perma7 nent residence as a result of the amendment

8 made by subsection (a) but for such departure.

Æ