I 

110TH CONGRESS 

1ST SESSION H. R. 1397 

To provide for immigration relief in the case of certain immigrants who 

are innocent victims of immigration fraud. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2007 

Mr. HONDA introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To provide for immigration relief in the case of certain 

immigrants who are innocent victims of immigration fraud. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS 

4 OF IMMIGRATION FRAUD. 

5 (a) IN GENERAL.— 

6 (1) RELIEF UPON APPROVAL OF APPLICA7 TION.—If an alien, upon application to an appro8 priate immigration official, establishes to the satis9 faction of such official that such alien is an eligible 

10 alien (as defined in subsection (b)) and is, but for 


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1 the specified immigration fraud, admissible to the 

2 United States as an immigrant and is not removable 

3 from the United States, such official shall provide 

4 immigration relief for such alien under subsection 

5 (c). 

6 (2) RELIEF PENDING APPROVAL.—In the case 

7 of an eligible alien, any pending proceedings pro8 viding for revocation of adjustment of status, revoca9 tion of naturalization, or removal with respect to 

10 such eligible alien shall be suspended in order to 

11 provide such alien with a reasonable opportunity to 

12 apply for immigration relief under this section and 

13 during the pendency of the application for such re14 lief. 

15 (3) APPROPRIATE IMMIGRATION OFFICIAL.— 

16 For purposes of this section, the term ‘‘appropriate 

17 immigration official’’ means, in the case of an alien 

18 in removal proceedings, the immigration judge who 

19 is presiding over such proceedings, or otherwise the 

20 Secretary of Homeland Security. 

21 (b) ELIGIBLE ALIEN, SPECIFIED IMMIGRATION

22 FRAUD DEFINED.—For purposes of this section: 

23 (1) ELIGIBLE ALIEN.— 

24 (A) IN GENERAL.—The term ‘‘eligible 

25 alien’’ means an alien— 


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1 (i) who obtained status as a non2 immigrant on or after January 1, 1980, 

3 and who, at the time of obtaining such sta4 tus, was a national of the Republic of 

5 Korea; 

6 (ii) who applied, before January 1, 

7 1999, through one or more immigration 

8 brokers for adjustment of such status to 

9 that of the status of an alien lawfully ad10 mitted to the United States for permanent 

11 residence, and who applied through the 

12 Immigration and Naturalization office lo13 cated in San Jose, California; 

14 (iii) whose application for adjustment 

15 of status described in clause (ii) was ap16 proved as a result of bribery by such immi17 gration brokers of a supervisor of the Im18 migration and Naturalization Service for 

19 such office; and 

20 (iv) who had no actual knowledge of 

21 the specified immigration fraud at the time 

22 of such adjustment. 

23 (B) TREATMENT OF SPOUSES AND CHIL24 DREN.—Such term includes an alien who ob25 tained lawful permanent resident status as the 


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1 spouse or child of an eligible alien described in 

2 paragraph (1). 

3 (2) SPECIFIED IMMIGRATION FRAUD.—The 

4 term ‘‘specified immigration fraud’’ means the brib5 ery described in paragraph (1)(A)(iii). 

6 (c) FORM OF IMMIGRATION RELIEF.— 

7 (1) IN GENERAL.—If an application of an eligi8 ble alien under subsection (a) is approved, then— 

9 (A) the specified immigration fraud shall 

10 not be considered in determining the admissi11 bility or removeability of such alien; and 

12 (B) the alien’s status shall be restored as 

13 if the original adjustment of status described in 

14 subsection (b)(1)(C) had been lawful, in accord15 ance with the succeeding provisions of this sub16 section. 

17 (2) RESTORATION OF STATUS TO LAWFUL PER18 MANENT RESIDENT; CANCELLATION OF ORDER OF

19 REMOVAL.—In the case of an approved application 

20 for an alien whose adjustment of status to lawful 

21 permanent resident status was rescinded or who was 

22 ordered removed solely as a result of the specified 

23 immigration fraud, such rescission shall be vitiated 

24 or such order shall be cancelled and the status of 

25 such alien shall be restored to that of an alien lawVerDate Aug 31 2005 03:07 Mar 11, 2007 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1397.IH H1397

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1 fully admitted for permanent residence. Such res2 toration or cancellation shall be effective as of the 

3 date of such rescission or order of removal. 

4 (3) RESTORATION OF NATURALIZATION.—In 

5 the case of an eligible alien who has been naturalized 

6 as a citizen of the United States and whose natu7 ralization was revoked solely as a result of the speci8 fied immigration fraud, such revocation shall be viti9 ated and such alien’s citizenship status shall be re10 stored. Such restoration shall be effective as of the 

11 date of such revocation. 

12 (4) TRAVEL TO AND PAROLE INTO THE UNITED

13 STATES FOR ELIGIBLE ALIENS WHO HAVE DE14 PARTED.—In the case of an eligible alien who has 

15 been removed, or has voluntarily departed, from the 

16 United States in connection with charges relating to 

17 specified immigration fraud, the Secretary shall pa18 role such alien into the United States for the pur19 pose of filing an application for immigration relief 

20 under this section. The Secretary of State shall pro21 vide such alien with appropriate travel documents in 

22 order to travel to the United States for such parole. 

23 (d) PROCEDURES AND DEFINITIONS.— 

24 (1) PROCEDURES FOR APPLICATION.—An alien 

25 seeking immigration relief under this section shall 


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1 submit an application at such time (consistent with 

2 paragraph (3)), in such manner, and containing 

3 such information as the Secretary shall require. No 

4 fee shall be charged in connection with such applica5 tion. 

6 (2) BURDEN OF PROOF.—For purposes of sub7 section (b)(1)(A)(iv), the alien shall be presumed not 

8 to have actual knowledge of the specified immigra9 tion fraud and the Secretary shall have the burden 

10 of proving such knowledge. 

11 (3) DEADLINE FOR APPLICATION.—An applica12 tion under paragraph (1) shall be submitted not 

13 later than the date that is five years after the date 

14 of the enactment of this Act, except that the Sec15 retary may extend such deadline for an additional 

16 period not to exceed five years. 

17 (4) NO REDUCTION IN NUMBER OF IMMIGRANT

18 VISAS AVAILABLE.—The Secretary of State shall not 

19 reduce the number of immigrant visas authorized to 

20 be issued under the Immigration and Nationality 

21 Act (8 U.S.C. 1101 et seq.) if an application of an 

22 eligible alien for immigration relief under this sec23 tion is approved. 

24 (5) APPLICATION OF OTHER DEFINITIONS.— 

25 For purposes of this section and except as otherwise 


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1 specifically provided, the term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security and the defini3 tions contained in the Immigration and Nationality 

4 Act shall apply in the administration of this section. 

5 Nothing in this section shall be construed to repeal, 

6 amend, alter, modify, affect, or restrict the powers, 

7 duties, functions, or authority of the Secretary in 

8 the administration and enforcement of such Act or 

9 any other law relating to immigration, nationality, or 

10 naturalization. The fact that an alien may be eligible 

11 for immigration relief under this section shall not 

12 preclude such alien from seeking immigration relief 

13 under any other provision of law for which such 

14 alien may be eligible. 

Æ 


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