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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1225 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1225

  To establish a process for aliens who meet certain conditions to be 
                   granted permanent resident status.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2007

   Mr. Hagel introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To establish a process for aliens who meet certain conditions to be 
                   granted permanent resident status.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Accountability Act of 
2007''.

SEC. 2. APPLICATION FOR CHANGE IN STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

``SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 7, 
              2004, TO THAT OF PERSONS ADMITTED FOR LAWFUL RESIDENCE.

    ``(a) Conditional Resident Orange Card.--
            ``(1) Issuance.--Not later than 30 days after the date on 
        which an alien submits, in person at any location designated by 
        the Secretary of Homeland Security, a facially valid 
        application for adjustment of status under this section, the 
        Secretary shall issue the alien a conditional resident orange 
        card (referred to in this section as the `orange card') if the 
        alien has passed a background and criminal records check 
        conducted by the Secretary under paragraph (3) and is not 
        otherwise ineligible for conditional resident status under this 
        section. If the background and criminal records check is 
        completed after the 30-day period described in this paragraph, 
        the orange card shall be issued to the alien immediately after 
        the alien passes such check.
            ``(2) Application form.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this section, the Secretary of 
                Homeland Security shall make available, on the Internet 
                and at each post office in the United States--
                            ``(i) an application for adjustment of 
                        status that meets the requirements described in 
                        subparagraphs (B) and (C); and
                            ``(ii) a description of the point system 
                        developed pursuant to subsection (c)(2).
                    ``(B) Contents.--The application form described in 
                subparagraph (A) shall contain spaces for the alien to 
                record--
                            ``(i) the full name of the alien, including 
                        maiden name and any aliases used;
                            ``(ii) the date of birth of the alien;
                            ``(iii) the country of origin or 
                        nationality of the alien;
                            ``(iv) the date on which the alien last 
                        entered the United States and the means of such 
                        entry;
                            ``(v) a preexisting alien number, if 
                        applicable;
                            ``(vi) any social security number or tax 
                        identification number used by the alien;
                            ``(vii) the current physical address of the 
                        alien and the mailing address of the alien, if 
                        different;
                            ``(viii) the current telephone number and 
                        e-mail address of the alien, if applicable;
                            ``(ix) the information described in clauses 
                        (i) through (viii) for the spouse or children 
                        of the alien who are applying for a adjustment 
                        of status under this section;
                            ``(x) a sworn statement that the alien--
                                    ``(I) is unlawfully present in the 
                                United States;
                                    ``(II) intends to apply for 
                                adjustment of status under this 
                                section; and
                                    ``(III) is eligible for conditional 
                                resident status; and
                            ``(xi) any other information that the 
                        Secretary requires the alien to submit.
                    ``(C) Penalties.--The application form described in 
                subparagraph (A) shall--
                            ``(i) include the last date on which an 
                        application for adjustment of status may be 
                        submitted;
                            ``(ii) clearly identify, in English and 
                        Spanish, the penalties for submitting false 
                        information in an application under this 
                        subsection; and
                            ``(iii) require each applicant to sign the 
                        application, under penalty of perjury and 
                        inadmissibility, to attest to its accuracy.
            ``(3) Security and law enforcement background checks.--
                    ``(A) Principal alien.--An alien may not be issued 
                an orange card unless the alien submits biometric data, 
                including a photograph and fingerprints, in accordance 
                with procedures established by the Secretary of 
                Homeland Security. Not later than 90 days after the 
                date on which fingerprints are obtained from an alien 
                under this subparagraph, the Secretary shall compare 
                the alien's name and fingerprints against appropriate 
                Federal databases for information relating to criminal, 
                national security, or other law enforcement actions to 
                determine if the alien is eligible for an orange card.
                    ``(B) Family members.--The spouse and any children 
                of an alien described in subparagraph (A) who are not 
                younger than 13 years of age and are not lawfully 
                present in the United States shall also submit 
                biometric data, including a photograph and 
                fingerprints, in accordance with procedures established 
                by the Secretary of Homeland Security. Not later than 
                90 days after the date on which fingerprints are 
                obtained from a spouse or child under this 
                subparagraph, the Secretary shall compare the alien's 
                name and fingerprints against appropriate Federal 
                databases for information relating to criminal, 
                national security, or other law enforcement actions to 
                determine if the spouse or child is eligible for an 
                orange card.
            ``(4) Features.--Each orange card shall--
                    ``(A) contain the alien's full name and physical 
                address;
                    ``(B) include fraud-resistant features and 
                biometric identifiers, as determined by the Secretary;
                    ``(C) meet all current requirements established by 
                the Secretary of Homeland Security for travel 
                documents, including the requirements under section 403 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1324a note);
                    ``(D) include, in bold letters, the following: 
                `This card is evidence of conditional resident status 
                and work authorization.'; and
                    ``(E) clearly indicate the date on which the card 
                is scheduled to expire.
            ``(5) Expiration.--
                    ``(A) In general.--An orange card issued to an 
                alien shall expire on the earlier of--
                            ``(i) 8\1/2\ years after the date on which 
                        the card is issued to the alien;
                            ``(ii) the date on which the Secretary of 
                        Homeland Security determines that the alien is 
                        inadmissible, ineligible for such status, or 
                        cannot possibly earn sufficient points under 
                        subsection (c)(2) to be granted a adjustment of 
                        status under subsection (c);
                            ``(iii) the date on which the Secretary 
                        revokes the alien's conditional resident status 
                        under subparagraph (C); or
                            ``(iv) the date on which the Secretary 
                        adjusts the alien's status to that of an alien 
                        lawfully admitted for permanent residence.
                    ``(B) Waiver.--The expiration date described in 
                subparagraph (A)(i) may be extended by the Secretary 
                for an alien whose application for adjustment of status 
                has not been processed due to a backlog of 
                applications.
                    ``(C) Revocation.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), the Secretary may revoke the 
                        conditional resident status of an alien who 
                        fails to maintain employment for more than 90 
                        consecutive days.
                            ``(ii) Exceptions.--Clause (i) shall not 
                        apply to an alien during any period in which 
                        the alien--
                                    ``(I) is enrolled as a full time 
                                student;
                                    ``(II) cannot demonstrate 
                                employment based on a physical or 
                                mental disability or as a result of 
                                pregnancy; or
                                    ``(III) is older than 65 years of 
                                age.
            ``(6) Benefits of conditional resident status.--An alien 
        who is granted conditional resident status and is issued an 
        orange card--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the alien's application 
                for adjustment of status;
                    ``(B) shall be granted permission to travel abroad 
                pursuant to regulation pending final adjudication of 
                the alien's application for adjustment of status;
                    ``(C) shall not be detained, determined 
                inadmissible or deportable, or removed pending final 
                adjudication of the alien's application for adjustment 
                of status, unless the Secretary determines that the 
                alien is inadmissible or ineligible for such adjustment 
                of status under subsection (c); and
                    ``(D) shall not be considered an unauthorized alien 
                as defined in section 274A(i) until such time as 
                employment authorization under paragraph (1) is denied.
            ``(7) Stay of removal.--On or before the date described in 
        subsection (b)(3)(A), a court may grant a stay of removal for 
        an alien who can demonstrate prima facie eligibility for 
        conditional resident status under this subsection.
            ``(8) Enumeration of social security number.--The Secretary 
        of Homeland Security, in coordination with the Commissioner of 
        Social Security, shall implement a system to allow for the 
        enumeration of a Social Security number and production of a 
        Social Security card at the time the Secretary issues an orange 
        card to an alien under this subsection.
    ``(b) Application Process.--
            ``(1) Commencement.--The Secretary of Homeland Security 
        shall begin accepting applications for adjustment of status 
        under this section not later than 30 days after the date on 
        which the application form described in subsection (a)(2) is 
        first made publicly available. The Secretary shall ensure that 
        the application process is secure and incorporates antifraud 
        protection.
            ``(2) In person.--Each alien applying for adjustment of 
        status under this section shall submit, in person at any of the 
        locations designated by the Secretary, 2 copies of a completed 
        application for adjustment of status. In addition to the 
        information described in subsection (a)(2), the application 
        shall include a current photograph of the alien and a full set 
        of fingerprints, which shall be collected at the time the 
        application is submitted. The official shall imprint each copy 
        with the name of the application service center and the date on 
        which the application was submitted and return 1 copy of the 
        application to the applicant.
            ``(3) Application deadline.--
                    ``(A) In general.--An alien is ineligible for 
                adjustment of status unless the alien submits an 
                application for adjustment of status not later than 180 
                days after the date on which the application form is 
                first made publicly available. The provisions of 
                paragraph (5) and (6) of subsection (c) shall apply to 
                applications filed under this section.
                    ``(B) Update.--An alien may update an application 
                submitted before the deadline described in subparagraph 
                (A) by submitting evidence that the alien has earned 
                sufficient points to qualify for adjustment of status 
                under this section or updating any other information 
                described in subsection (a)(2)(B). Such update shall be 
                submitted not later than 8 years after the date on 
                which the initial application was submitted.
    ``(c) Adjustment of Status.--
            ``(1) Adjustment of status.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary of Homeland Security 
                shall adjust the status of an alien who has a valid 
                orange card to that of an alien lawful admitted for 
                permanent residence if the alien satisfies the 
                requirements under this paragraph and earns at least 65 
                percent of the base points available under paragraph 
                (2).
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--The alien shall 
                        establish that the alien--
                                    ``(I) was physically present in the 
                                United States on or before January 7, 
                                2004;
                                    ``(II) was not legally present in 
                                the United States on January 7, 2004, 
                                under any classification set forth in 
                                section 101(a)(15); and
                                    ``(III) did not depart from the 
                                United States since January 7, 2004, 
                                for more than brief periods.
                            ``(ii) Legally present.--For purposes of 
                        this subparagraph, an alien who has violated 
                        any conditions of the alien's visa shall be 
                        considered not to be legally present in the 
                        United States.
                    ``(C) Evidence of physical presence and work.--
                            ``(i) Conclusive documents.--An alien may 
                        satisfy the physical presence requirements 
                        under subparagraph (B), and earn base points 
                        for work and physical presence under paragraph 
                        (2)(B), by submitting at least 2 of the 
                        following documents for each period of physical 
                        presence or work, which shall be considered 
                        conclusive evidence of physical presence or 
                        work in the United States:
                                    ``(I) Records maintained by the 
                                Social Security Administration.
                                    ``(II) Records maintained by an 
                                employer, such as pay stubs, time 
                                sheets, or employment work 
                                verification.
                                    ``(III) Records maintained by the 
                                Internal Revenue Service.
                                    ``(IV) Records maintained by a 
                                union or day labor center.
                                    ``(V) Records maintained by any 
                                other government agency, such as worker 
                                compensation records, disability 
                                records, or business licensing records.
                                    ``(VI) Any other document that the 
                                Secretary determines to be reliable to 
                                establish physical presence.
                            ``(ii) Other documents.--An alien who is 
                        unable to submit a document described in clause 
                        (i) may satisfy the physical presence 
                        requirements under subparagraph (B), and earn 
                        base points for work and physical presence 
                        under paragraph (2)(B), by submitting to the 
                        Secretary at least 3 other types of reliable 
                        documents that provide evidence of physical 
                        presence for each required period, including--
                                    ``(I) bank records;
                                    ``(II) business records;
                                    ``(III) rent payment records;
                                    ``(IV) school records; or
                                    ``(V) remittance records.
                            ``(iii) Burden of proof.--
                                    ``(I) Alien.--An alien applying for 
                                adjustment of status under this 
                                subsection has the burden to prove, by 
                                a preponderance of the evidence, that 
                                the alien has satisfied the physical 
                                presence requirement under subparagraph 
                                (B).
                                    ``(II) Secretary.--If the alien 
                                meets the burden of proof described in 
                                subclause (I), the Secretary of 
                                Homeland Security has the burden to 
                                disprove the alien's evidence with a 
                                showing that negates the reasonableness 
                                of the inference to be drawn from the 
                                evidence.
                    ``(D) Admissible under immigration laws.--The alien 
                shall establish that the alien is not inadmissible 
                under section 212(a), except for any provision of that 
                section that is waived under paragraph (4).
                    ``(E) Fees; fines.--An alien who files an 
                application for adjustment of status shall pay--
                            ``(i) a fee commensurate with levels 
                        charged by the Secretary of Homeland Security 
                        for other applications for adjustment of 
                        status; and
                            ``(ii) a fine of $2,000, if the alien is 
                        not less than 18 years of age.
                    ``(F) Payment of income taxes.--
                            ``(i) In general.--Before the status of an 
                        alien is adjusted under this section to that of 
                        an alien lawful admitted for permanent 
                        residence, the alien shall establish the 
                        payment of any applicable Federal or State 
                        income tax liability by establishing that--
                                    ``(I) no such income tax liability 
                                exists; or
                                    ``(II) all outstanding income tax 
                                liabilities have been paid.
                            ``(ii) IRS cooperation.--The Secretary of 
                        the Treasury shall establish rules and 
                        procedures under which the Commissioner of 
                        Internal Revenue shall provide documentation to 
                        an alien upon request to establish the payment 
                        of income taxes under this subparagraph.
                            ``(iii) Limitation.--An alien who is 
                        required to establish the payment of income 
                        taxes under this subparagraph, or who otherwise 
                        satisfies the requirements under clause (i), 
                        may not--
                                    ``(I) collect any income tax refund 
                                for any taxable year before 2006; or
                                    ``(II) file any claim for the 
                                Earned Income Tax Credit or any other 
                                tax credit otherwise allowable under 
                                the tax code before any taxable year 
                                before 2006.
                            ``(iv) Applicable federal or state income 
                        tax liability.--In this subparagraph, the term 
                        `applicable Federal or State income tax 
                        liability' means liability for Federal or State 
                        income taxes, including penalties and interest, 
                        owed by the alien.
                            ``(v) Savings provision.--Nothing in this 
                        subparagraph shall affect any income tax 
                        liability or other financial obligation of the 
                        alien under Federal or State law.
                    ``(G) Basic citizenship skills.--
                            ``(i) In general.--Except as provided under 
                        clause (ii), the alien shall demonstrate 
                        compliance with the requirements under section 
                        312(a) before the alien's status is adjusted 
                        under this subsection.
                            ``(ii) Exceptions.--
                                    ``(I) Mandatory.--Clause (i) shall 
                                not apply to any person who is unable 
                                to comply with those requirements 
                                because of a physical or developmental 
                                disability or mental impairment.
                                    ``(II) Discretionary.--The 
                                Secretary of Homeland Security may 
                                waive any requirement referred to in 
                                clause (i).
                    ``(H) Medical examination.--The alien may be 
                required, at the alien's expense, to undergo an 
                appropriate medical examination, including a 
                determination of immunization status, that conforms to 
                generally accepted professional standards of medical 
                practice.
                    ``(I) Military selective service.--If the alien is 
                required to register under section 3 of the Military 
                Selective Service Act (50 U.S.C. App. 453), the alien 
                shall establish that he has registered under such 
                section.
                    ``(J) Adjustment of status.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary of Homeland Security 
                        may not adjust the status of an alien under 
                        this section to that of an alien lawfully 
                        admitted for permanent residence until the 
                        later of--
                                    ``(I) the date on which the 
                                Secretary determines that the priority 
                                dates have become current for the class 
                                of aliens whose family-based or 
                                employment-based petitions for 
                                permanent residence were pending on the 
                                date of the enactment of this Act; or
                                    ``(II) 8 years after the date on 
                                which the application for adjustment of 
                                status becomes available under 
                                subsection (a)(2).
                            ``(ii) Authorization.--The Secretary may, 
                        on a case-by-case basis, adjust the status of 
                        an alien under this section to that of an alien 
                        lawfully admitted for permanent residence 
                        before the date described in clause (i).
                            ``(iii) Notification of provisional 
                        approval.--The Secretary shall notify each 
                        alien who is determined to be eligible for 
                        adjustment of status under this section, that 
                        the alien has been provisionally approved for 
                        adjustment of status to that of a person 
                        admitted for permanent residence as of the date 
                        described in clause (i).
                    ``(K) Final adjudication.--The Secretary of 
                Homeland Security shall ensure that all applications 
                for adjustment of status are adjudicated not later than 
                9 years after the date on which the application form is 
                first made available under subsection (a)(2).
            ``(2) Point system.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this section, the Secretary of 
                Homeland Security shall establish, by regulation, a 
                point system through which an alien to whom an orange 
                card has been issued may become eligible for a 
                adjustment of status under this subsection if, in 
                addition to complying with the requirements under 
                subsection (a), the alien earns points equal to at 
                least 65 percent of the base points available under 
                subparagraph (B), which may include points accumulated 
                under subparagraph (C), before the end of the 8-year 
                period beginning on the date on which the application 
                for adjustment of status becomes available under 
                subsection (a)(2).
                    ``(B) Base points.--
                            ``(i) Work in the united states.--Not more 
                        than 5 percent of the base points available 
                        under this subparagraph shall be available to 
                        an alien for each year in which the alien 
                        worked in the United States, as determined by 
                        the Secretary, up to a cumulative total of not 
                        more than 30 percent of the base points. Not 
                        less than 15 percent of the base points 
                        available under this subparagraph shall be 
                        available under this clause.
                            ``(ii) Presence in the united states.--Not 
                        more than 5 percent of the base points shall be 
                        available to an alien for each year in which 
                        the alien was present in the United States, as 
                        determined by the Secretary, up to a cumulative 
                        total of not more than 20 percent of the base 
                        points. Not less than 10 percent of the base 
                        points available under this subparagraph shall 
                        be available under this clause.
                            ``(iii) Civic engagement.--Not less than 5 
                        percent and not more than 20 percent of the 
                        base points shall be available to an alien for 
                        the following group of activities:
                                    ``(I) The alien has paid all 
                                Federal and State income taxes owed 
                                during employment in the United States 
                                on or before such taxes were due.
                                    ``(II) The alien has not been 
                                convicted of violating any Federal or 
                                State law during the alien's presence 
                                in the United States (except for 
                                illegal entry and remaining in the 
                                United States beyond authorized 
                                period).
                                    ``(III) The alien has provided 
                                reliable documentation of community 
                                service in the United States.
                            ``(iv) Education.--Not less than 15 percent 
                        and not more than 30 percent of the base points 
                        shall be available to an alien for the 
                        following group of activities:
                                    ``(I) The alien has completed 
                                primary school.
                                    ``(II) The alien has earned a 
                                certificate of graduation from a school 
                                providing secondary education, or the 
                                recognized equivalent of such a 
                                certificate.
                                    ``(III) The alien possesses a 
                                license in a skilled trade.
                            ``(v) Family relations to nationals of the 
                        united states.--Not less than 10 percent and 
                        not more than 20 percent of the base points 
                        shall be available to an alien under the 
                        following circumstances:
                                    ``(I) The alien was the parent of a 
                                United States citizen on January 1, 
                                2007.
                                    ``(II) The alien has been married 
                                to a citizen or legal permanent 
                                resident of the United States since 
                                January 1, 2007.
                            ``(vi) Language ability.--Not less than 5 
                        percent and not more than 15 percent of the 
                        base points shall be available to an alien 
                        based on English proficiency, as determined by 
                        the Secretary.
                    ``(C) Extra points for additional contributions to 
                society.--In addition to the points available under 
                subparagraph (B), an alien may earn points under this 
                subparagraph equal to not more than--
                            ``(i) a cumulative total of 15 percent of 
                        the base points available under subparagraph 
                        (B) if the alien has successfully completed an 
                        associates, bachelors, masters, or doctorate 
                        degree from an accredited college or 
                        university;
                            ``(ii) 20 percent of such base points if 
                        the alien is eligible for honorable release, or 
                        has been honorably released, from service in 
                        the Armed Forces of the United States;
                            ``(iii) 10 percent of such base points if 
                        the alien owned a business that employed at 
                        least 2 nonrelatives in the United States for 
                        at least 18 months;
                            ``(iv) 5 percent of such base points if the 
                        alien owns a residence in the United States; 
                        and
                            ``(v) 20 percent of such base points for 
                        other circumstances determined by the 
                        Secretary.
                    ``(D) Rulemaking.--The Secretary of Homeland 
                Security shall promulgate regulations to establish the 
                number of points available for each of the criteria 
                described in this paragraph.
            ``(3) Spouses and children.--
                    ``(A) Adjustment of status.--
                            ``(i) In general.--Except as otherwise 
                        provided under this section, the Secretary of 
                        Homeland Security shall adjust the status of 
                        the spouse, or child who was younger than 21 
                        years of age on the date of enactment of this 
                        Act, of an alien whose status is adjusted under 
                        paragraph (1) to that of a lawful permanent 
                        resident.
                            ``(ii) Victims of domestic violence.--The 
                        Secretary shall adjust the status of an alien 
                        who, before January 7, 2004, was the spouse or 
                        child of an alien who is eligible for 
                        adjustment of status under paragraph (1), if--
                                    ``(I) the termination of the 
                                qualifying relationship was connected 
                                to domestic violence; or
                                    ``(II) the spouse or child has been 
                                battered or subjected to extreme 
                                cruelty by the spouse or parent 
                                described in this subparagraph.
                            ``(iii) Application of other law.--In 
                        acting on applications filed under this 
                        subparagraph with respect to aliens who have 
                        been battered or subjected to extreme cruelty, 
                        the Secretary shall apply--
                                    ``(I) the provisions of section 
                                204(a)(1)(J); and
                                    ``(II) the protections, 
                                prohibitions, and penalties under 
                                section 384 of the Illegal Immigration 
                                Reform and Immigrant Responsibility Act 
                                of 1996 (8 U.S.C. 1367).
                    ``(B) Grounds of inadmissibility not applicable.--
                In establishing admissibility to the United States, the 
                spouse or child described in subparagraph (A) shall 
                establish that he or she is not inadmissible under 
                section 212(a), except for any provision of that 
                section that is waived under paragraph (4).
            ``(4) Grounds of inadmissibility.--
                    ``(A) Applicable provisions.--In determining an 
                alien's admissibility under paragraphs (1)(D) and 
                (3)(B), the Secretary of Homeland Security may not 
                waive, under subparagraph (C)(i)--
                            ``(i) paragraph (1) (relating to health);
                            ``(ii) paragraph (2) (relating to 
                        criminals);
                            ``(iii) paragraph (3) (relating to security 
                        and related grounds); or
                            ``(iv) subparagraphs (A) and (C) of 
                        paragraph (10) (relating to polygamists and 
                        child abductors).
                    ``(B) Grounds of inadmissibility not applicable.--
                Paragraphs (5), (6) (except subparagraphs (D) and (E)), 
                (7), (9) (other than subparagraph (C)(i)(II)), and 
                (10)(B) of section 212(a) shall not apply to an alien 
                who is applying for an adjustment of status under this 
                subsection.
                    ``(C) Waiver of other grounds.--
                            ``(i) In general.--Except as provided under 
                        subparagraph (A), the Secretary of Homeland 
                        Security may waive, for individual aliens, the 
                        application of any provision of section 212(a) 
                        for humanitarian purposes, to ensure family 
                        unity, or if such waiver is otherwise in the 
                        public interest.
                            ``(ii) Construction.--Nothing in this 
                        subparagraph may be construed to affect the 
                        authority of the Secretary, other than under 
                        this subparagraph, to waive the provisions of 
                        section 212(a).
                    ``(D) Special rule for determination of public 
                charge.--An alien is not ineligible for adjustment of 
                status under this subsection by reason of a ground of 
                inadmissibility under section 212(a)(4) if the alien 
                establishes a history of employment in the United 
                States evidencing self-support without public cash 
                assistance.
                    ``(E) Special rule for individuals where there is 
                no commercial purpose.--An alien is not ineligible for 
                adjustment of status under this subsection by reason of 
                a ground of inadmissibility under section 212(a)(6)(E) 
                if the alien establishes that the action referred to in 
                that section was taken for humanitarian purposes, to 
                ensure family unity, or was otherwise in the public 
                interest.
                    ``(F) Applicability of other provisions.--Sections 
                240B(d) and 241(a)(5) shall not apply with respect to 
                an alien who is applying for adjustment of status under 
                this subsection.
                    ``(G) Ineligibility.--An alien is ineligible for an 
                adjustment of status under this section if the alien 
                has been convicted of a felony or more than 1 
                misdemeanor.
            ``(5) Confidentiality of information.--
                    ``(A) In general.--Except as otherwise provided 
                under this subsection, Federal agencies and officers 
                and employees of such agencies may not--
                            ``(i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section for any purpose other than 
                        to make a determination on the application;
                            ``(ii) make any publication through which 
                        the information furnished by any particular 
                        applicant can be identified; or
                            ``(iii) permit anyone other than the sworn 
                        officers and employees of such agency, bureau, 
                        or approved entity, as approved by the 
                        Secretary of Homeland Security, to examine 
                        individual applications that have been filed.
                    ``(B) Required disclosures.--The Secretary of 
                Homeland Security and the Secretary of State shall 
                provide the information furnished pursuant to an 
                application filed under this section, and any other 
                information derived from such furnished information, to 
                a duly recognized law enforcement entity in connection 
                with a criminal investigation or prosecution or a 
                national security investigation or prosecution, in each 
                instance about an individual suspect or group of 
                suspects, when such information is requested in writing 
                by such entity.
                    ``(C) Criminal penalty.--Any person who knowingly 
                uses, publishes, or permits information to be examined 
                in violation of this paragraph shall be fined not more 
                than $10,000.
            ``(6) Penalties for false statements in applications.--
                    ``(A) Criminal penalty.--
                            ``(i) Violation.--It shall be unlawful for 
                        any person to--
                                    ``(I) file or assist in filing an 
                                application for adjustment of status 
                                under this section and knowingly and 
                                willfully falsify, conceal, or cover up 
                                a material fact or make any false, 
                                fictitious, or fraudulent statements or 
                                representations, or make or use any 
                                false writing or document knowing the 
                                same to contain any false, fictitious, 
                                or fraudulent statement or entry; or
                                    ``(II) create or supply a false 
                                writing or document for use in making 
                                such an application.
                            ``(ii) Penalty.--Any person who violates 
                        clause (i) shall be fined in accordance with 
                        title 18, United States Code, imprisoned not 
                        more than 5 years, or both.
                    ``(B) Inadmissibility.--An alien who is convicted 
                of a crime under subparagraph (A) is inadmissible to 
                the United States.
                    ``(C) Exception.--Notwithstanding subparagraphs (A) 
                and (B), any alien or other entity (including an 
                employer or union) that submits an employment record 
                that contains incorrect data that the alien used in 
                order to obtain such employment, shall not have 
                violated this subsection.
            ``(7) Nonapplicability of numerical limitations.--The 
        number of immigrant visas authorized to be issued under any 
        this Act shall not be reduced as a result of the adjustment of 
        status of an alien under this subsection.
            ``(8) Termination of proceedings.--An alien in removal 
        proceedings who establishes prima facie eligibility for 
        adjustment of status under this subsection shall be entitled to 
        termination of the proceedings pending the outcome of the 
        alien's application, unless the Secretary determines that the 
        alien is inadmissible or ineligible for such adjustment of 
        status under subsection (d).
            ``(9) Ineligibility for public benefits.--For purposes of 
        section 403 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (8 U.S.C. 1613), an alien whose 
        status has been adjusted under this subsection shall not be 
        eligible for any Federal means-tested public benefit unless the 
        alien meets the alien eligibility criteria for such benefit 
        under title IV of such Act (8 U.S.C. 1601 et seq.).
            ``(10) Relationships of application to certain orders.--The 
        Secretary of Homeland Security may stay the deportation of an 
        alien who is present in the United States and has been ordered 
        excluded, deported, removed, or to depart voluntarily from the 
        United States or is subject to reinstatement of removal under 
        any provision of this Act if the alien demonstrates prima facie 
        eligibility for adjustment of status under this subsection. If 
        the Secretary grants the application, the order shall be 
        canceled. If the Secretary of Homeland Security renders a final 
        administrative decision to deny the application, such order 
        shall be effective and enforceable.
            ``(11) Application of other provisions.--Nothing in this 
        subsection shall preclude an alien who may be eligible for 
        adjustment of status under this subsection from seeking such 
        status under any other provision of law for which the alien may 
        be eligible.
            ``(12) Dissemination of information on adjustment 
        program.--During the 1-year period following the issuance of 
        final regulations under subsection (d), the Secretary of 
        Homeland Security, in cooperation with entities approved by the 
        Secretary, shall broadly disseminate information respecting 
        adjustment of status and the requirements for obtaining such 
        status--
                    ``(A) through television, radio, and print media 
                sources to which such aliens would have access in the 
                languages most commonly spoken in the 15 countries from 
                which the most aliens arrived who would qualify for 
                adjustment of status under this subsection;
                    ``(B) to employers and labor unions to advise them 
                of the rights and protections available to them; and
                    ``(C) to workers who file applications under this 
                section.
            ``(13) Authorization of appropriations; use of amounts 
        collected.--
                    ``(A) Authorization of appropriations.--There are 
                authorized to be appropriated to the Secretary of 
                Homeland Security such sums as may be necessary to 
                commence the processing of applications filed under 
                this section.
                    ``(B) Use of amounts collected.--The Secretary 
                shall deposit fees and fines received under paragraph 
                (1)(E) in the Immigration Examinations Fee Account 
                established under section 286 to be used, without 
                fiscal year limitation, for--
                            ``(i) implementing and processing 
                        applications under this section, including 
                        expedited processing of criminal and national 
                        security background checks;
                            ``(ii) administrative and other expenses 
                        incurred in connection with the review of 
                        applications filed by immediate relatives of 
                        aliens applying for adjustment of status under 
                        this section; and
                            ``(iii) border security purposes.
    ``(d) Rulemaking.--Not later than 180 days after the date of the 
enactment of the Immigrant Accountability Act of 2007, the Secretary of 
Homeland Security shall promulgate regulations to carry out this 
section.
    ``(e) Statutory Construction.--Nothing in this section shall be 
construed to create any substantive or procedural right or benefit that 
is legally enforceable by any party against the United States or its 
agencies or officers or any other person.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such amounts as may be necessary for facilities, personnel 
(including consular officers), training, technology, and processing 
necessary to carry out this section.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by inserting after the item relating to 
section 245B the following:

``Sec. 245B. Adjustment of status of certain entrants before January 7, 
                            2004, to that of persons admitted for 
                            lawful residence.''.

SEC. 3. CORRECTION OF SOCIAL SECURITY RECORDS.

    Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) 
is amended--
            (1) in subparagraph (B)(ii), by striking ``or'' at the end;
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) whose status is adjusted to that of lawful 
                permanent resident under section 245B of the 
                Immigration and Nationality Act,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred prior to the date on which the 
        alien became lawfully admitted for temporary residence.''.

SEC. 4. ELIGIBILITY FOR MILITARY ENLISTMENT.

    (a) Army.--Section 3253 of title 10, United States Code, is 
amended--
            (1) by striking ``he is a citizen of the United States or'' 
        and inserting ``the person is a citizen of the United 
        States,''; and
            (2) by inserting ``, or has been issued a conditional 
        resident orange card under section 245B of such Act'' before 
        the period at the end.
    (b) Air Force.--Section 8253 of title 10, United States Code, is 
amended--
            (1) by striking ``he is a citizen of the United States or'' 
        and inserting ``the person is a citizen of the United 
        States,''; and
            (2) by inserting ``, or has been issued a conditional 
        resident orange card under section 245B of such Act'' before 
        the period at the end.
                                 <all>
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