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105TH CONGRESS

1ST SESSION H. R. 793

To provide for permanent resident status for certain Persian Gulf evacuees.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. RAHALL introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To provide for permanent resident status for certain Persian

Gulf evacuees.

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

3 SECTION. 1. ADJUSTMENT OF STATUS FOR CERTAIN PER4 SIAN GULF EVACUEES.

5 (a) IN GENERAL.—The Attorney General shall adjust

6 the status of an alien described in subsection (b) to that

7 of an alien lawfully admitted for permanent residence if

8 the alien—

9 (1) applies for such adjustment;

10 (2) has been physically present in the United

11 States for at least 1 year and is physically present
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1 in the United States on the date the application for

2 such adjustment is filed;

3 (3) is admissible to the United States as an im4 migrant, except as provided in subsection (c); and

5 (4) pays a fee (determined by the Attorney

6 General) for the processing of such application.

7 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA8 TUS.—The benefits provided in subsection (a) shall only

9 apply to an alien who—

10 (1) was—

11 (A) paroled into the United States as a

12 Persian Gulf evacuee; or

13 (B) was otherwise admitted into the Unit14 ed States and qualified for, and registered

15 under, the Persian Gulf Evacuee Deferred En16 forced Departure Program; or

17 (2) is an individual described in the memoran18 dum of November 14, 1991, from the President of

19 the United States to the Acting Attorney General

20 entitled ‘‘Measures Regarding Certain Persian Gulf

21 Evacuees’’.

22 (c) WAIVER OF CERTAIN GROUNDS FOR INADMIS23 SIBILITY.—The provisions of subsection (e) and para24 graphs (4), (5), and (7)(A) of subsection (a) of section

25 212 of the Immigration and Nationality Act shall not
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1 apply to adjustment of status under this Act and the At2 torney General may waive any other provision of section

3 212 of the Immigration and Nationality Act (other than

4 paragraph (2)(C) and subparagraphs (A), (B), (C), or (E)

5 of paragraph (3)) with respect to such an adjustment for

6 humanitarian purposes, to assure family unity, or when

7 it is otherwise in the public interest.

8 (d) DATE OF APPROVAL.—Upon the approval of such

9 an application for adjustment of status, the Attorney Gen10 eral shall create a record of the alien’s admission as an

11 alien lawfully admitted for permanent residence as of the

12 date of the alien’s inspection and parole described in sub13 section (b)(2).

14 (e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—

15 When an alien is granted the status of having been law16 fully admitted for permanent residence under this section,

17 the Secretary of State shall not be required to reduce the

18 number of immigrant visas authorized to be issued under

19 the Immigration and Nationality Act.

20 (f) TEMPORARY STAY OF REMOVAL AND WORK AU21 THORIZATION.—The Attorney General—

22 (1) shall refrain from deporting or removing

23 from the United States an alien who is eligible for

24 adjustment of status under this section, but who is
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1 not yet lawfully admitted for permanent residence;

2 and

3 (2) shall authorize such an alien to engage in

4 employment in the United States.

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