II 

108TH CONGRESS 

2D SESSION S. 2816 

To provide for adjustment of immigration status for certain aliens granted 

temporary protected status in the United States because of conditions 

in Montserrat. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 20, 2004 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for adjustment of immigration status for certain 

aliens granted temporary protected status in the United 

States because of conditions in Montserrat. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Montserrat Immigra5 tion Fairness Act’’. 

6 SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS 

7 OF MONTSERRAT. 

8 (a) IN GENERAL.—The status of any alien described 

9 in subsection (c) shall be adjusted by the Secretary of 
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1 Homeland Security to that of an alien lawfully admitted 

2 for permanent residence, if the alien— 

3 (1) applies for such adjustment within 1 year 

4 after the date of enactment of this Act; and 

5 (2) is determined to be admissible to the United 

6 States for permanent residence. 

7 (b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI8 CABLE.—For purposes of determining admissibility under 

9 subsection (a)(2), the grounds for inadmissibility specified 

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

11 of the Immigration and Nationality Act (8 U.S.C. 

12 1182(a)) shall not apply. 

13 (c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA14 TUS.—An alien shall be eligible for adjustment of status 

15 under subsection (a) only if the alien— 

16 (1) is a national of Montserrat; and 

17 (2) was granted temporary protected status in 

18 the United States by the Secretary of Homeland Se19 curity pursuant to the designation of Montserrat 

20 under section 244(b)(1) of the Immigration and Na21 tionality Act (8 U.S.C. 1254a(b)(1)) on August 28, 

22 1997. 

23 SEC. 3. EFFECT OF APPLICATION ON CERTAIN ORDERS. 

24 An alien present in the United States who has been 

25 ordered excluded, deported, or removed, or ordered to de-
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1 part voluntarily, from the United States through an order 

2 of removal issued under the Immigration and Nationality 

3 Act (8 U.S.C. 1101 et seq.) may, notwithstanding such 

4 order of removal, apply for adjustment of status under 

5 section 1. Such an alien shall not be required to file a 

6 separate motion to reopen, reconsider, or vacate the order 

7 of removal. If the Secretary of Homeland Security ap8 proves the application, the Secretary shall cancel the order 

9 of removal. If the Secretary renders a final administrative 

10 decision to deny the application, the order of removal shall 

11 be effective and enforceable to the same extent as if the 

12 application had not been made. 

13 SEC. 4. WORK AUTHORIZATION. 

14 The Secretary of Homeland Security shall authorize 

15 an alien who has applied for adjustment of status under 

16 section 1 to engage in employment in the United States 

17 during the pendency of such application and shall provide 

18 the alien with an appropriate document signifying author19 ization of employment. 

20 SEC. 5. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY 

21 MEMBERS. 

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

23 adjusted by the Secretary of Homeland Security to that 

24 of an alien lawfully admitted for permanent residence if 

25 the alien— 
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1 (1) is the spouse, parent, or unmarried son or 

2 daughter of an alien whose status is adjusted under 

3 section 1; 

4 (2) applies for adjustment under this section 

5 within 2 years after the date of enactment of this 

6 Act; and 

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

8 States for permanent residence. 

9 (b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI10 CABLE.—For purposes of determining admissibility under 

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

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

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1182(a)) shall not apply. 

15 SEC. 6. AVAILABILITY OF REVIEW. 

16 (a) ADMINISTRATIVE REVIEW.—The Secretary of 

17 Homeland Security shall provide to aliens applying for ad18 justment of status under section 1 or 4 the same right 

19 to, and procedures for, administrative review as are pro20 vided to— 

21 (1) applicants for adjustment of status under 

22 section 245 of the Immigration and Nationality Act 

23 (8 U.S.C. 1255); or 

24 (2) aliens subject to removal proceedings under 

25 section 240 of such Act (8 U.S.C. 1229a). 
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1 (b) LIMITATION ON JUDICIAL REVIEW.—A deter2 mination by the Secretary of Homeland Security as to 

3 whether the status of any alien should be adjusted under 

4 this Act is final and shall not be subject to review by any 

5 court. 

6 SEC. 7. NO OFFSET IN NUMBER OF VISAS AVAILABLE. 

7 The granting of adjustment of status under section 

8 2 shall not reduce the number of immigrant visas author9 ized to be issued under any provision of the Immigration 

10 and Nationality Act (8 U.S.C. 1101 et seq.). 

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