II 

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. 

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 ‘‘Immigrant Account5 ability Act of 2007’’. 

6 SEC. 2. APPLICATION FOR CHANGE IN STATUS. 

7 (a) IN GENERAL.—Chapter 5 of title II of the Immi8 gration and Nationality Act (8 U.S.C. 1255 et seq.) is 

9 amended by inserting after section 245A the following: 


ycherry on PROD1PC64 with BILLS
2 

•S 1225 IS

1 ‘‘SEC. 245B. ADJUSTMENT OF STATUS OF CERTAIN EN2 TRANTS BEFORE JANUARY 7, 2004, TO THAT 

3 OF PERSONS ADMITTED FOR LAWFUL RESI4 DENCE. 

5 ‘‘(a) CONDITIONAL RESIDENT ORANGE CARD.— 

6 ‘‘(1) ISSUANCE.—Not later than 30 days after 

7 the date on which an alien submits, in person at any 

8 location designated by the Secretary of Homeland 

9 Security, a facially valid application for adjustment 

10 of status under this section, the Secretary shall issue 

11 the alien a conditional resident orange card (referred 

12 to in this section as the ‘orange card’) if the alien 

13 has passed a background and criminal records check 

14 conducted by the Secretary under paragraph (3) and 

15 is not otherwise ineligible for conditional resident 

16 status under this section. If the background and 

17 criminal records check is completed after the 30-day 

18 period described in this paragraph, the orange card 

19 shall be issued to the alien immediately after the 

20 alien passes such check. 

21 ‘‘(2) APPLICATION FORM.— 

22 ‘‘(A) IN GENERAL.—Not later than 90 

23 days after the date of the enactment of this sec24 tion, the Secretary of Homeland Security shall 

25 make available, on the Internet and at each 

26 post office in the United States— 


ycherry on PROD1PC64 with BILLS
3 

•S 1225 IS

1 ‘‘(i) an application for adjustment of 

2 status that meets the requirements de3 scribed in subparagraphs (B) and (C); and 

4 ‘‘(ii) a description of the point system 

5 developed pursuant to subsection (c)(2). 

6 ‘‘(B) CONTENTS.—The application form 

7 described in subparagraph (A) shall contain 

8 spaces for the alien to record— 

9 ‘‘(i) the full name of the alien, includ10 ing maiden name and any aliases used; 

11 ‘‘(ii) the date of birth of the alien; 

12 ‘‘(iii) the country of origin or nation13 ality of the alien; 

14 ‘‘(iv) the date on which the alien last 

15 entered the United States and the means 

16 of such entry; 

17 ‘‘(v) a preexisting alien number, if ap18 plicable; 

19 ‘‘(vi) any social security number or 

20 tax identification number used by the 

21 alien; 

22 ‘‘(vii) the current physical address of 

23 the alien and the mailing address of the 

24 alien, if different; 


ycherry on PROD1PC64 with BILLS
4 

•S 1225 IS

1 ‘‘(viii) the current telephone number 

2 and e-mail address of the alien, if applica3 ble; 

4 ‘‘(ix) the information described in 

5 clauses (i) through (viii) for the spouse or 

6 children of the alien who are applying for 

7 a adjustment of status under this section; 

8 ‘‘(x) a sworn statement that the 

9 alien— 

10 ‘‘(I) is unlawfully present in the 

11 United States; 

12 ‘‘(II) intends to apply for adjust13 ment of status under this section; and 

14 ‘‘(III) is eligible for conditional 

15 resident status; and 

16 ‘‘(xi) any other information that the 

17 Secretary requires the alien to submit. 

18 ‘‘(C) PENALTIES.—The application form 

19 described in subparagraph (A) shall— 

20 ‘‘(i) include the last date on which an 

21 application for adjustment of status may 

22 be submitted; 

23 ‘‘(ii) clearly identify, in English and 

24 Spanish, the penalties for submitting false 


ycherry on PROD1PC64 with BILLS
5 

•S 1225 IS

1 information in an application under this 

2 subsection; and 

3 ‘‘(iii) require each applicant to sign 

4 the application, under penalty of perjury 

5 and inadmissibility, to attest to its accu6 racy. 

7 ‘‘(3) SECURITY AND LAW ENFORCEMENT BACK8 GROUND CHECKS.— 

9 ‘‘(A) PRINCIPAL ALIEN.—An alien may not 

10 be issued an orange card unless the alien sub11 mits biometric data, including a photograph 

12 and fingerprints, in accordance with procedures 

13 established by the Secretary of Homeland Secu14 rity. Not later than 90 days after the date on 

15 which fingerprints are obtained from an alien 

16 under this subparagraph, the Secretary shall 

17 compare the alien’s name and fingerprints 

18 against appropriate Federal databases for infor19 mation relating to criminal, national security, 

20 or other law enforcement actions to determine 

21 if the alien is eligible for an orange card. 

22 ‘‘(B) FAMILY MEMBERS.—The spouse and 

23 any children of an alien described in subpara24 graph (A) who are not younger than 13 years 

25 of age and are not lawfully present in the 


ycherry on PROD1PC64 with BILLS
6 

•S 1225 IS

1 United States shall also submit biometric data, 

2 including a photograph and fingerprints, in ac3 cordance with procedures established by the 

4 Secretary of Homeland Security. Not later than 

5 90 days after the date on which fingerprints are 

6 obtained from a spouse or child under this sub7 paragraph, the Secretary shall compare the 

8 alien’s name and fingerprints against appro9 priate Federal databases for information relat10 ing to criminal, national security, or other law 

11 enforcement actions to determine if the spouse 

12 or child is eligible for an orange card. 

13 ‘‘(4) FEATURES.—Each orange card shall— 

14 ‘‘(A) contain the alien’s full name and 

15 physical address; 

16 ‘‘(B) include fraud-resistant features and 

17 biometric identifiers, as determined by the Sec18 retary; 

19 ‘‘(C) meet all current requirements estab20 lished by the Secretary of Homeland Security 

21 for travel documents, including the require22 ments under section 403 of the Illegal Immigra23 tion Reform and Immigrant Responsibility Act 

24 of 1996 (8 U.S.C. 1324a note); 


ycherry on PROD1PC64 with BILLS
7 

•S 1225 IS

1 ‘‘(D) include, in bold letters, the following: 

2 ‘This card is evidence of conditional resident 

3 status and work authorization.’; and 

4 ‘‘(E) clearly indicate the date on which the 

5 card is scheduled to expire. 

6 ‘‘(5) EXPIRATION.— 

7 ‘‘(A) IN GENERAL.—An orange card issued 

8 to an alien shall expire on the earlier of— 

‘‘(i) 81 9 ⁄2 years after the date on which 

10 the card is issued to the alien; 

11 ‘‘(ii) the date on which the Secretary 

12 of Homeland Security determines that the 

13 alien is inadmissible, ineligible for such 

14 status, or cannot possibly earn sufficient 

15 points under subsection (c)(2) to be grant16 ed a adjustment of status under subsection 

17 (c); 

18 ‘‘(iii) the date on which the Secretary 

19 revokes the alien’s conditional resident sta20 tus under subparagraph (C); or 

21 ‘‘(iv) the date on which the Secretary 

22 adjusts the alien’s status to that of an 

23 alien lawfully admitted for permanent resi24 dence. 


ycherry on PROD1PC64 with BILLS
8 

•S 1225 IS

1 ‘‘(B) WAIVER.—The expiration date de2 scribed in subparagraph (A)(i) may be extended 

3 by the Secretary for an alien whose application 

4 for adjustment of status has not been processed 

5 due to a backlog of applications. 

6 ‘‘(C) REVOCATION.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided under clause (ii), the Secretary may 

9 revoke the conditional resident status of an 

10 alien who fails to maintain employment for 

11 more than 90 consecutive days. 

12 ‘‘(ii) EXCEPTIONS.—Clause (i) shall 

13 not apply to an alien during any period in 

14 which the alien— 

15 ‘‘(I) is enrolled as a full time stu16 dent; 

17 ‘‘(II) cannot demonstrate employ18 ment based on a physical or mental 

19 disability or as a result of pregnancy; 

20 or 

21 ‘‘(III) is older than 65 years of 

22 age. 

23 ‘‘(6) BENEFITS OF CONDITIONAL RESIDENT

24 STATUS.—An alien who is granted conditional resi25 dent status and is issued an orange card— 


ycherry on PROD1PC64 with BILLS
9 

•S 1225 IS

1 ‘‘(A) shall be granted employment author2 ization pending final adjudication of the alien’s 

3 application for adjustment of status; 

4 ‘‘(B) shall be granted permission to travel 

5 abroad pursuant to regulation pending final ad6 judication of the alien’s application for adjust7 ment of status; 

8 ‘‘(C) shall not be detained, determined in9 admissible or deportable, or removed pending 

10 final adjudication of the alien’s application for 

11 adjustment of status, unless the Secretary de12 termines that the alien is inadmissible or ineli13 gible for such adjustment of status under sub14 section (c); and 

15 ‘‘(D) shall not be considered an unauthor16 ized alien as defined in section 274A(i) until 

17 such time as employment authorization under 

18 paragraph (1) is denied. 

19 ‘‘(7) STAY OF REMOVAL.—On or before the 

20 date described in subsection (b)(3)(A), a court may 

21 grant a stay of removal for an alien who can dem22 onstrate prima facie eligibility for conditional resi23 dent status under this subsection. 

24 ‘‘(8) ENUMERATION OF SOCIAL SECURITY NUM25 BER.—The Secretary of Homeland Security, in coVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
10 

•S 1225 IS

1 ordination with the Commissioner of Social Security, 

2 shall implement a system to allow for the enumera3 tion of a Social Security number and production of 

4 a Social Security card at the time the Secretary 

5 issues an orange card to an alien under this sub6 section. 

7 ‘‘(b) APPLICATION PROCESS.— 

8 ‘‘(1) COMMENCEMENT.—The Secretary of 

9 Homeland Security shall begin accepting applica10 tions for adjustment of status under this section not 

11 later than 30 days after the date on which the appli12 cation form described in subsection (a)(2) is first 

13 made publicly available. The Secretary shall ensure 

14 that the application process is secure and incor15 porates antifraud protection. 

16 ‘‘(2) IN PERSON.—Each alien applying for ad17 justment of status under this section shall submit, 

18 in person at any of the locations designated by the 

19 Secretary, 2 copies of a completed application for 

20 adjustment of status. In addition to the information 

21 described in subsection (a)(2), the application shall 

22 include a current photograph of the alien and a full 

23 set of fingerprints, which shall be collected at the 

24 time the application is submitted. The official shall 

25 imprint each copy with the name of the application 


ycherry on PROD1PC64 with BILLS
11 

•S 1225 IS

1 service center and the date on which the application 

2 was submitted and return 1 copy of the application 

3 to the applicant. 

4 ‘‘(3) APPLICATION DEADLINE.— 

5 ‘‘(A) IN GENERAL.—An alien is ineligible 

6 for adjustment of status unless the alien sub7 mits an application for adjustment of status not 

8 later than 180 days after the date on which the 

9 application form is first made publicly available. 

10 The provisions of paragraph (5) and (6) of sub11 section (c) shall apply to applications filed 

12 under this section. 

13 ‘‘(B) UPDATE.—An alien may update an 

14 application submitted before the deadline de15 scribed in subparagraph (A) by submitting evi16 dence that the alien has earned sufficient points 

17 to qualify for adjustment of status under this 

18 section or updating any other information de19 scribed in subsection (a)(2)(B). Such update 

20 shall be submitted not later than 8 years after 

21 the date on which the initial application was 

22 submitted. 

23 ‘‘(c) ADJUSTMENT OF STATUS.— 

24 ‘‘(1) ADJUSTMENT OF STATUS.— 


ycherry on PROD1PC64 with BILLS
12 

•S 1225 IS

1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law, the Secretary of Home3 land Security shall adjust the status of an alien 

4 who has a valid orange card to that of an alien 

5 lawful admitted for permanent residence if the 

6 alien satisfies the requirements under this para7 graph and earns at least 65 percent of the base 

8 points available under paragraph (2). 

9 ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— 

10 ‘‘(i) IN GENERAL.—The alien shall es11 tablish that the alien— 

12 ‘‘(I) was physically present in the 

13 United States on or before January 7, 

14 2004; 

15 ‘‘(II) was not legally present in 

16 the United States on January 7, 

17 2004, under any classification set 

18 forth in section 101(a)(15); and 

19 ‘‘(III) did not depart from the 

20 United States since January 7, 2004, 

21 for more than brief periods. 

22 ‘‘(ii) LEGALLY PRESENT.—For pur23 poses of this subparagraph, an alien who 

24 has violated any conditions of the alien’s 


ycherry on PROD1PC64 with BILLS
13 

•S 1225 IS

1 visa shall be considered not to be legally 

2 present in the United States. 

3 ‘‘(C) EVIDENCE OF PHYSICAL PRESENCE

4 AND WORK.— 

5 ‘‘(i) CONCLUSIVE DOCUMENTS.—An 

6 alien may satisfy the physical presence re7 quirements under subparagraph (B), and 

8 earn base points for work and physical 

9 presence under paragraph (2)(B), by sub10 mitting at least 2 of the following docu11 ments for each period of physical presence 

12 or work, which shall be considered conclu13 sive evidence of physical presence or work 

14 in the United States: 

15 ‘‘(I) Records maintained by the 

16 Social Security Administration. 

17 ‘‘(II) Records maintained by an 

18 employer, such as pay stubs, time 

19 sheets, or employment work 

20 verification. 

21 ‘‘(III) Records maintained by the 

22 Internal Revenue Service. 

23 ‘‘(IV) Records maintained by a 

24 union or day labor center. 


ycherry on PROD1PC64 with BILLS
14 

•S 1225 IS

1 ‘‘(V) Records maintained by any 

2 other government agency, such as 

3 worker compensation records, dis4 ability records, or business licensing 

5 records. 

6 ‘‘(VI) Any other document that 

7 the Secretary determines to be reliable 

8 to establish physical presence. 

9 ‘‘(ii) OTHER DOCUMENTS.—An alien 

10 who is unable to submit a document de11 scribed in clause (i) may satisfy the phys12 ical presence requirements under subpara13 graph (B), and earn base points for work 

14 and physical presence under paragraph 

15 (2)(B), by submitting to the Secretary at 

16 least 3 other types of reliable documents 

17 that provide evidence of physical presence 

18 for each required period, including— 

19 ‘‘(I) bank records; 

20 ‘‘(II) business records; 

21 ‘‘(III) rent payment records; 

22 ‘‘(IV) school records; or 

23 ‘‘(V) remittance records. 

24 ‘‘(iii) BURDEN OF PROOF.— 


ycherry on PROD1PC64 with BILLS
15 

•S 1225 IS

1 ‘‘(I) ALIEN.—An alien applying 

2 for adjustment of status under this 

3 subsection has the burden to prove, by 

4 a preponderance of the evidence, that 

5 the alien has satisfied the physical 

6 presence requirement under subpara7 graph (B). 

8 ‘‘(II) SECRETARY.—If the alien 

9 meets the burden of proof described in 

10 subclause (I), the Secretary of Home11 land Security has the burden to dis12 prove the alien’s evidence with a 

13 showing that negates the reasonable14 ness of the inference to be drawn 

15 from the evidence. 

16 ‘‘(D) ADMISSIBLE UNDER IMMIGRATION

17 LAWS.—The alien shall establish that the alien 

18 is not inadmissible under section 212(a), except 

19 for any provision of that section that is waived 

20 under paragraph (4). 

21 ‘‘(E) FEES; FINES.—An alien who files an 

22 application for adjustment of status shall pay— 

23 ‘‘(i) a fee commensurate with levels 

24 charged by the Secretary of Homeland SeVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
16 

•S 1225 IS

1 curity for other applications for adjustment 

2 of status; and 

3 ‘‘(ii) a fine of $2,000, if the alien is 

4 not less than 18 years of age. 

5 ‘‘(F) PAYMENT OF INCOME TAXES.— 

6 ‘‘(i) IN GENERAL.—Before the status 

7 of an alien is adjusted under this section 

8 to that of an alien lawful admitted for per9 manent residence, the alien shall establish 

10 the payment of any applicable Federal or 

11 State income tax liability by establishing 

12 that— 

13 ‘‘(I) no such income tax liability 

14 exists; or 

15 ‘‘(II) all outstanding income tax 

16 liabilities have been paid. 

17 ‘‘(ii) IRS COOPERATION.—The Sec18 retary of the Treasury shall establish rules 

19 and procedures under which the Commis20 sioner of Internal Revenue shall provide 

21 documentation to an alien upon request to 

22 establish the payment of income taxes 

23 under this subparagraph. 

24 ‘‘(iii) LIMITATION.—An alien who is 

25 required to establish the payment of inVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
17 

•S 1225 IS

1 come taxes under this subparagraph, or 

2 who otherwise satisfies the requirements 

3 under clause (i), may not— 

4 ‘‘(I) collect any income tax re5 fund for any taxable year before 

6 2006; or 

7 ‘‘(II) file any claim for the 

8 Earned Income Tax Credit or any 

9 other tax credit otherwise allowable 

10 under the tax code before any taxable 

11 year before 2006. 

12 ‘‘(iv) APPLICABLE FEDERAL OR

13 STATE INCOME TAX LIABILITY.—In this 

14 subparagraph, the term ‘applicable Federal 

15 or State income tax liability’ means liabil16 ity for Federal or State income taxes, in17 cluding penalties and interest, owed by the 

18 alien. 

19 ‘‘(v) SAVINGS PROVISION.—Nothing in 

20 this subparagraph shall affect any income 

21 tax liability or other financial obligation of 

22 the alien under Federal or State law. 

23 ‘‘(G) BASIC CITIZENSHIP SKILLS.— 

24 ‘‘(i) IN GENERAL.—Except as pro25 vided under clause (ii), the alien shall demVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
18 

•S 1225 IS

1 onstrate compliance with the requirements 

2 under section 312(a) before the alien’s sta3 tus is adjusted under this subsection. 

4 ‘‘(ii) EXCEPTIONS.— 

5 ‘‘(I) MANDATORY.—Clause (i) 

6 shall not apply to any person who is 

7 unable to comply with those require8 ments because of a physical or devel9 opmental disability or mental impair10 ment. 

11 ‘‘(II) DISCRETIONARY.—The Sec12 retary of Homeland Security may 

13 waive any requirement referred to in 

14 clause (i). 

15 ‘‘(H) MEDICAL EXAMINATION.—The alien 

16 may be required, at the alien’s expense, to un17 dergo an appropriate medical examination, in18 cluding a determination of immunization status, 

19 that conforms to generally accepted professional 

20 standards of medical practice. 

21 ‘‘(I) MILITARY SELECTIVE SERVICE.—If 

22 the alien is required to register under section 3 

23 of the Military Selective Service Act (50 U.S.C. 

24 App. 453), the alien shall establish that he has 

25 registered under such section. 


ycherry on PROD1PC64 with BILLS
19 

•S 1225 IS

1 ‘‘(J) ADJUSTMENT OF STATUS.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided in clause (ii), the Secretary of Home4 land Security may not adjust the status of 

5 an alien under this section to that of an 

6 alien lawfully admitted for permanent resi7 dence until the later of— 

8 ‘‘(I) the date on which the Sec9 retary determines that the priority 

10 dates have become current for the 

11 class of aliens whose family-based or 

12 employment-based petitions for per13 manent residence were pending on the 

14 date of the enactment of this Act; or 

15 ‘‘(II) 8 years after the date on 

16 which the application for adjustment 

17 of status becomes available under sub18 section (a)(2). 

19 ‘‘(ii) AUTHORIZATION.—The Sec20 retary may, on a case-by-case basis, adjust 

21 the status of an alien under this section to 

22 that of an alien lawfully admitted for per23 manent residence before the date described 

24 in clause (i). 


ycherry on PROD1PC64 with BILLS
20 

•S 1225 IS

1 ‘‘(iii) NOTIFICATION OF PROVISIONAL

2 APPROVAL.—The Secretary shall notify 

3 each alien who is determined to be eligible 

4 for adjustment of status under this section, 

5 that the alien has been provisionally ap6 proved for adjustment of status to that of 

7 a person admitted for permanent residence 

8 as of the date described in clause (i). 

9 ‘‘(K) FINAL ADJUDICATION.—The Sec10 retary of Homeland Security shall ensure that 

11 all applications for adjustment of status are ad12 judicated not later than 9 years after the date 

13 on which the application form is first made 

14 available under subsection (a)(2). 

15 ‘‘(2) POINT SYSTEM.— 

16 ‘‘(A) IN GENERAL.—Not later than 90 

17 days after the date of the enactment of this sec18 tion, the Secretary of Homeland Security shall 

19 establish, by regulation, a point system through 

20 which an alien to whom an orange card has 

21 been issued may become eligible for a adjust22 ment of status under this subsection if, in addi23 tion to complying with the requirements under 

24 subsection (a), the alien earns points equal to 

25 at least 65 percent of the base points available 


ycherry on PROD1PC64 with BILLS
21 

•S 1225 IS

1 under subparagraph (B), which may include 

2 points accumulated under subparagraph (C), 

3 before the end of the 8-year period beginning 

4 on the date on which the application for adjust5 ment of status becomes available under sub6 section (a)(2). 

7 ‘‘(B) BASE POINTS.— 

8 ‘‘(i) WORK IN THE UNITED STATES.— 

9 Not more than 5 percent of the base points 

10 available under this subparagraph shall be 

11 available to an alien for each year in which 

12 the alien worked in the United States, as 

13 determined by the Secretary, up to a cu14 mulative total of not more than 30 percent 

15 of the base points. Not less than 15 per16 cent of the base points available under this 

17 subparagraph shall be available under this 

18 clause. 

19 ‘‘(ii) PRESENCE IN THE UNITED

20 STATES.—Not more than 5 percent of the 

21 base points shall be available to an alien 

22 for each year in which the alien was 

23 present in the United States, as deter24 mined by the Secretary, up to a cumulative 

25 total of not more than 20 percent of the 


ycherry on PROD1PC64 with BILLS
22 

•S 1225 IS

1 base points. Not less than 10 percent of 

2 the base points available under this sub3 paragraph shall be available under this 

4 clause. 

5 ‘‘(iii) CIVIC ENGAGEMENT.—Not less 

6 than 5 percent and not more than 20 per7 cent of the base points shall be available to 

8 an alien for the following group of activi9 ties: 

10 ‘‘(I) The alien has paid all Fed11 eral and State income taxes owed dur12 ing employment in the United States 

13 on or before such taxes were due. 

14 ‘‘(II) The alien has not been con15 victed of violating any Federal or 

16 State law during the alien’s presence 

17 in the United States (except for illegal 

18 entry and remaining in the United 

19 States beyond authorized period). 

20 ‘‘(III) The alien has provided re21 liable documentation of community 

22 service in the United States. 

23 ‘‘(iv) EDUCATION.—Not less than 15 

24 percent and not more than 30 percent of 


ycherry on PROD1PC64 with BILLS
23 

•S 1225 IS

1 the base points shall be available to an 

2 alien for the following group of activities: 

3 ‘‘(I) The alien has completed pri4 mary school. 

5 ‘‘(II) The alien has earned a cer6 tificate of graduation from a school 

7 providing secondary education, or the 

8 recognized equivalent of such a certifi9 cate. 

10 ‘‘(III) The alien possesses a li11 cense in a skilled trade. 

12 ‘‘(v) FAMILY RELATIONS TO NATION13 ALS OF THE UNITED STATES.—Not less 

14 than 10 percent and not more than 20 per15 cent of the base points shall be available to 

16 an alien under the following circumstances: 

17 ‘‘(I) The alien was the parent of 

18 a United States citizen on January 1, 

19 2007. 

20 ‘‘(II) The alien has been married 

21 to a citizen or legal permanent resi22 dent of the United States since Janu23 ary 1, 2007. 

24 ‘‘(vi) LANGUAGE ABILITY.—Not less 

25 than 5 percent and not more than 15 perVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
24 

•S 1225 IS

1 cent of the base points shall be available to 

2 an alien based on English proficiency, as 

3 determined by the Secretary. 

4 ‘‘(C) EXTRA POINTS FOR ADDITIONAL

5 CONTRIBUTIONS TO SOCIETY.—In addition to 

6 the points available under subparagraph (B), an 

7 alien may earn points under this subparagraph 

8 equal to not more than— 

9 ‘‘(i) a cumulative total of 15 percent 

10 of the base points available under subpara11 graph (B) if the alien has successfully 

12 completed an associates, bachelors, mas13 ters, or doctorate degree from an accred14 ited college or university; 

15 ‘‘(ii) 20 percent of such base points if 

16 the alien is eligible for honorable release, 

17 or has been honorably released, from serv18 ice in the Armed Forces of the United 

19 States; 

20 ‘‘(iii) 10 percent of such base points if 

21 the alien owned a business that employed 

22 at least 2 nonrelatives in the United States 

23 for at least 18 months; 


ycherry on PROD1PC64 with BILLS
25 

•S 1225 IS

1 ‘‘(iv) 5 percent of such base points if 

2 the alien owns a residence in the United 

3 States; and 

4 ‘‘(v) 20 percent of such base points 

5 for other circumstances determined by the 

6 Secretary. 

7 ‘‘(D) RULEMAKING.—The Secretary of 

8 Homeland Security shall promulgate regulations 

9 to establish the number of points available for 

10 each of the criteria described in this paragraph. 

11 ‘‘(3) SPOUSES AND CHILDREN.— 

12 ‘‘(A) ADJUSTMENT OF STATUS.— 

13 ‘‘(i) IN GENERAL.—Except as other14 wise provided under this section, the Sec15 retary of Homeland Security shall adjust 

16 the status of the spouse, or child who was 

17 younger than 21 years of age on the date 

18 of enactment of this Act, of an alien whose 

19 status is adjusted under paragraph (1) to 

20 that of a lawful permanent resident. 

21 ‘‘(ii) VICTIMS OF DOMESTIC VIO22 LENCE.—The Secretary shall adjust the 

23 status of an alien who, before January 7, 

24 2004, was the spouse or child of an alien 


ycherry on PROD1PC64 with BILLS
26 

•S 1225 IS

1 who is eligible for adjustment of status 

2 under paragraph (1), if— 

3 ‘‘(I) the termination of the quali4 fying relationship was connected to 

5 domestic violence; or 

6 ‘‘(II) the spouse or child has 

7 been battered or subjected to extreme 

8 cruelty by the spouse or parent de9 scribed in this subparagraph. 

10 ‘‘(iii) APPLICATION OF OTHER LAW.— 

11 In acting on applications filed under this 

12 subparagraph with respect to aliens who 

13 have been battered or subjected to extreme 

14 cruelty, the Secretary shall apply— 

15 ‘‘(I) the provisions of section 

16 204(a)(1)(J); and 

17 ‘‘(II) the protections, prohibi18 tions, and penalties under section 384 

19 of the Illegal Immigration Reform and 

20 Immigrant Responsibility Act of 1996 

21 (8 U.S.C. 1367). 

22 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

23 APPLICABLE.—In establishing admissibility to 

24 the United States, the spouse or child described 

25 in subparagraph (A) shall establish that he or 


ycherry on PROD1PC64 with BILLS
27 

•S 1225 IS

1 she is not inadmissible under section 212(a), 

2 except for any provision of that section that is 

3 waived under paragraph (4). 

4 ‘‘(4) GROUNDS OF INADMISSIBILITY.— 

5 ‘‘(A) APPLICABLE PROVISIONS.—In deter6 mining an alien’s admissibility under para7 graphs (1)(D) and (3)(B), the Secretary of 

8 Homeland Security may not waive, under sub9 paragraph (C)(i)— 

10 ‘‘(i) paragraph (1) (relating to 

11 health); 

12 ‘‘(ii) paragraph (2) (relating to crimi13 nals); 

14 ‘‘(iii) paragraph (3) (relating to secu15 rity and related grounds); or 

16 ‘‘(iv) subparagraphs (A) and (C) of 

17 paragraph (10) (relating to polygamists 

18 and child abductors). 

19 ‘‘(B) GROUNDS OF INADMISSIBILITY NOT

20 APPLICABLE.—Paragraphs (5), (6) (except sub21 paragraphs (D) and (E)), (7), (9) (other than 

22 subparagraph (C)(i)(II)), and (10)(B) of sec23 tion 212(a) shall not apply to an alien who is 

24 applying for an adjustment of status under this 

25 subsection. 


ycherry on PROD1PC64 with BILLS
28 

•S 1225 IS

1 ‘‘(C) WAIVER OF OTHER GROUNDS.— 

2 ‘‘(i) IN GENERAL.—Except as pro3 vided under subparagraph (A), the Sec4 retary of Homeland Security may waive, 

5 for individual aliens, the application of any 

6 provision of section 212(a) for humani7 tarian purposes, to ensure family unity, or 

8 if such waiver is otherwise in the public in9 terest. 

10 ‘‘(ii) CONSTRUCTION.—Nothing in 

11 this subparagraph may be construed to af12 fect the authority of the Secretary, other 

13 than under this subparagraph, to waive the 

14 provisions of section 212(a). 

15 ‘‘(D) SPECIAL RULE FOR DETERMINATION

16 OF PUBLIC CHARGE.—An alien is not ineligible 

17 for adjustment of status under this subsection 

18 by reason of a ground of inadmissibility under 

19 section 212(a)(4) if the alien establishes a his20 tory of employment in the United States evi21 dencing self-support without public cash assist22 ance. 

23 ‘‘(E) SPECIAL RULE FOR INDIVIDUALS

24 WHERE THERE IS NO COMMERCIAL PURPOSE.— 

25 An alien is not ineligible for adjustment of staVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
29 

•S 1225 IS

1 tus under this subsection by reason of a ground 

2 of inadmissibility under section 212(a)(6)(E) if 

3 the alien establishes that the action referred to 

4 in that section was taken for humanitarian pur5 poses, to ensure family unity, or was otherwise 

6 in the public interest. 

7 ‘‘(F) APPLICABILITY OF OTHER PROVI8 SIONS.—Sections 240B(d) and 241(a)(5) shall 

9 not apply with respect to an alien who is apply10 ing for adjustment of status under this sub11 section. 

12 ‘‘(G) INELIGIBILITY.—An alien is ineligible 

13 for an adjustment of status under this section 

14 if the alien has been convicted of a felony or 

15 more than 1 misdemeanor. 

16 ‘‘(5) CONFIDENTIALITY OF INFORMATION.— 

17 ‘‘(A) IN GENERAL.—Except as otherwise 

18 provided under this subsection, Federal agen19 cies and officers and employees of such agencies 

20 may not— 

21 ‘‘(i) use the information furnished by 

22 the applicant pursuant to an application 

23 filed under this section for any purpose 

24 other than to make a determination on the 

25 application; 


ycherry on PROD1PC64 with BILLS
30 

•S 1225 IS

1 ‘‘(ii) make any publication through 

2 which the information furnished by any 

3 particular applicant can be identified; or 

4 ‘‘(iii) permit anyone other than the 

5 sworn officers and employees of such agen6 cy, bureau, or approved entity, as approved 

7 by the Secretary of Homeland Security, to 

8 examine individual applications that have 

9 been filed. 

10 ‘‘(B) REQUIRED DISCLOSURES.—The Sec11 retary of Homeland Security and the Secretary 

12 of State shall provide the information furnished 

13 pursuant to an application filed under this sec14 tion, and any other information derived from 

15 such furnished information, to a duly recog16 nized law enforcement entity in connection with 

17 a criminal investigation or prosecution or a na18 tional security investigation or prosecution, in 

19 each instance about an individual suspect or 

20 group of suspects, when such information is re21 quested in writing by such entity. 

22 ‘‘(C) CRIMINAL PENALTY.—Any person 

23 who knowingly uses, publishes, or permits infor24 mation to be examined in violation of this para25 graph shall be fined not more than $10,000. 


ycherry on PROD1PC64 with BILLS
31 

•S 1225 IS

1 ‘‘(6) PENALTIES FOR FALSE STATEMENTS IN

2 APPLICATIONS.— 

3 ‘‘(A) CRIMINAL PENALTY.— 

4 ‘‘(i) VIOLATION.—It shall be unlawful 

5 for any person to— 

6 ‘‘(I) file or assist in filing an ap7 plication for adjustment of status 

8 under this section and knowingly and 

9 willfully falsify, conceal, or cover up a 

10 material fact or make any false, ficti11 tious, or fraudulent statements or rep12 resentations, or make or use any false 

13 writing or document knowing the 

14 same to contain any false, fictitious, 

15 or fraudulent statement or entry; or 

16 ‘‘(II) create or supply a false 

17 writing or document for use in mak18 ing such an application. 

19 ‘‘(ii) PENALTY.—Any person who vio20 lates clause (i) shall be fined in accordance 

21 with title 18, United States Code, impris22 oned not more than 5 years, or both. 

23 ‘‘(B) INADMISSIBILITY.—An alien who is 

24 convicted of a crime under subparagraph (A) is 

25 inadmissible to the United States. 


ycherry on PROD1PC64 with BILLS
32 

•S 1225 IS

1 ‘‘(C) EXCEPTION.—Notwithstanding sub2 paragraphs (A) and (B), any alien or other en3 tity (including an employer or union) that sub4 mits an employment record that contains incor5 rect data that the alien used in order to obtain 

6 such employment, shall not have violated this 

7 subsection. 

8 ‘‘(7) NONAPPLICABILITY OF NUMERICAL LIMI9 TATIONS.—The number of immigrant visas author10 ized to be issued under any this Act shall not be re11 duced as a result of the adjustment of status of an 

12 alien under this subsection. 

13 ‘‘(8) TERMINATION OF PROCEEDINGS.—An 

14 alien in removal proceedings who establishes prima 

15 facie eligibility for adjustment of status under this 

16 subsection shall be entitled to termination of the 

17 proceedings pending the outcome of the alien’s appli18 cation, unless the Secretary determines that the 

19 alien is inadmissible or ineligible for such adjust20 ment of status under subsection (d). 

21 ‘‘(9) INELIGIBILITY FOR PUBLIC BENEFITS.— 

22 For purposes of section 403 of the Personal Respon23 sibility and Work Opportunity Reconciliation Act of 

24 1996 (8 U.S.C. 1613), an alien whose status has 

25 been adjusted under this subsection shall not be eliVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
33 

•S 1225 IS

1 gible for any Federal means-tested public benefit un2 less the alien meets the alien eligibility criteria for 

3 such benefit under title IV of such Act (8 U.S.C. 

4 1601 et seq.). 

5 ‘‘(10) RELATIONSHIPS OF APPLICATION TO

6 CERTAIN ORDERS.—The Secretary of Homeland Se7 curity may stay the deportation of an alien who is 

8 present in the United States and has been ordered 

9 excluded, deported, removed, or to depart voluntarily 

10 from the United States or is subject to reinstate11 ment of removal under any provision of this Act if 

12 the alien demonstrates prima facie eligibility for ad13 justment of status under this subsection. If the Sec14 retary grants the application, the order shall be can15 celed. If the Secretary of Homeland Security renders 

16 a final administrative decision to deny the applica17 tion, such order shall be effective and enforceable. 

18 ‘‘(11) APPLICATION OF OTHER PROVISIONS.— 

19 Nothing in this subsection shall preclude an alien 

20 who may be eligible for adjustment of status under 

21 this subsection from seeking such status under any 

22 other provision of law for which the alien may be eli23 gible. 

24 ‘‘(12) DISSEMINATION OF INFORMATION ON AD25 JUSTMENT PROGRAM.—During the 1-year period folVerDate Aug 31 2005 21:39 Apr 27, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1225.IS S1225

ycherry on PROD1PC64 with BILLS
34 

•S 1225 IS

1 lowing the issuance of final regulations under sub2 section (d), the Secretary of Homeland Security, in 

3 cooperation with entities approved by the Secretary, 

4 shall broadly disseminate information respecting ad5 justment of status and the requirements for obtain6 ing such status— 

7 ‘‘(A) through television, radio, and print 

8 media sources to which such aliens would have 

9 access in the languages most commonly spoken 

10 in the 15 countries from which the most aliens 

11 arrived who would qualify for adjustment of 

12 status under this subsection; 

13 ‘‘(B) to employers and labor unions to ad14 vise them of the rights and protections available 

15 to them; and 

16 ‘‘(C) to workers who file applications under 

17 this section. 

18 ‘‘(13) AUTHORIZATION OF APPROPRIATIONS; 

19 USE OF AMOUNTS COLLECTED.— 

20 ‘‘(A) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated to the Secretary of Homeland Security 

23 such sums as may be necessary to commence 

24 the processing of applications filed under this 

25 section. 


ycherry on PROD1PC64 with BILLS
35 

•S 1225 IS

1 ‘‘(B) USE OF AMOUNTS COLLECTED.—The 

2 Secretary shall deposit fees and fines received 

3 under paragraph (1)(E) in the Immigration Ex4 aminations Fee Account established under sec5 tion 286 to be used, without fiscal year limita6 tion, for— 

7 ‘‘(i) implementing and processing ap8 plications under this section, including ex9 pedited processing of criminal and national 

10 security background checks; 

11 ‘‘(ii) administrative and other ex12 penses incurred in connection with the re13 view of applications filed by immediate rel14 atives of aliens applying for adjustment of 

15 status under this section; and 

16 ‘‘(iii) border security purposes. 

17 ‘‘(d) RULEMAKING.—Not later than 180 days after 

18 the date of the enactment of the Immigrant Accountability 

19 Act of 2007, the Secretary of Homeland Security shall 

20 promulgate regulations to carry out this section. 

21 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this 

22 section shall be construed to create any substantive or pro23 cedural right or benefit that is legally enforceable by any 

24 party against the United States or its agencies or officers 

25 or any other person. 


ycherry on PROD1PC64 with BILLS
36 

•S 1225 IS

1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such amounts as may 

3 be necessary for facilities, personnel (including consular 

4 officers), training, technology, and processing necessary to 

5 carry out this section.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 of the Immigration and Nationality Act is amended by in8 serting after the item relating to section 245B the fol9 lowing: 

‘‘Sec. 245B. Adjustment of status of certain entrants before January 7, 2004, 

to that of persons admitted for lawful residence.’’. 

10 SEC. 3. CORRECTION OF SOCIAL SECURITY RECORDS. 

11 Section 208(e)(1) of the Social Security Act (42 

12 U.S.C. 408(e)(1)) is amended— 

13 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

14 the end; 

15 (2) in subparagraph (C), by inserting ‘‘or’’ at 

16 the end; 

17 (3) by inserting after subparagraph (C) the fol18 lowing: 

19 ‘‘(D) whose status is adjusted to that of 

20 lawful permanent resident under section 245B 

21 of the Immigration and Nationality Act,’’; and 

22 (4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 

23 in the case of an alien described in subparagraph 

24 (D), if such conduct is alleged to have occurred prior 


ycherry on PROD1PC64 with BILLS
37 

•S 1225 IS

1 to the date on which the alien became lawfully ad2 mitted for temporary residence.’’. 

3 SEC. 4. ELIGIBILITY FOR MILITARY ENLISTMENT. 

4 (a) ARMY.—Section 3253 of title 10, United States 

5 Code, is amended— 

6 (1) by striking ‘‘he is a citizen of the United 

7 States or’’ and inserting ‘‘the person is a citizen of 

8 the United States,’’; and 

9 (2) by inserting ‘‘, or has been issued a condi10 tional resident orange card under section 245B of 

11 such Act’’ before the period at the end. 

12 (b) AIR FORCE.—Section 8253 of title 10, United 

13 States Code, is amended— 

14 (1) by striking ‘‘he is a citizen of the United 

15 States or’’ and inserting ‘‘the person is a citizen of 

16 the United States,’’; and 

17 (2) by inserting ‘‘, or has been issued a condi18 tional resident orange card under section 245B of 

19 such Act’’ before the period at the end. 

Æ 


ycherry on PROD1PC64 with BILLS