I 

108TH CONGRESS 

1ST SESSION H. R. 440

To amend the Immigration and Nationality Act to adjust the status of 

certain aliens with longstanding ties to the United States to that of 

an alien lawfully admitted to permanent residence, to promote family 

unity, to improve national security, to modify provisions of such Act 

affecting removal of aliens from the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

Mr. GUTIERREZ (for himself, Mrs. NAPOLITANO, Mr. PASTOR, Mr. SERRANO, 

Ms. SOLIS, Mr. GRIJALVA, and Mr. ACEVEDO-VILA ́) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to adjust 

the status of certain aliens with longstanding ties to 

the United States to that of an alien lawfully admitted 

to permanent residence, to promote family unity, to improve national security, to modify provisions of such Act 

affecting removal of aliens from the United States, and 

for other purposes.

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—
2

•HR 440 IH 

1 (1) the ‘‘Unity, Security, Accountability, and 

2 Family Act’’; or 

3 (2) the ‘‘U.S.A. Family Act’’. 

4 SEC. 2. REFERENCES. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to, or repeal of, a section or other provi8 sion, the reference shall be considered to be made to a 

9 section or other provision of the Immigration and Nation10 ality Act. 

11 SEC. 3. FINDINGS AND PURPOSE. 

12 (a) FINDINGS.—The Congress finds that—

13 (1) immigrants play a vital role in filling voids 

14 in our workforce and adding strength and stability 

15 to our economy; 

16 (2) the Labor Department estimates that the 

17 total number of jobs requiring only short-term train18 ing will increase from 53,200,000 in 2000 to 

19 60,900,000 by 2010, a net increase of 7,700,000 

20 jobs; 

21 (3) the number of workers currently available 

22 and able to fill jobs that require short-term training 

23 continues to fall because of an aging workforce and 

24 rising education levels; 
3

•HR 440 IH 

1 (4) the National Academy of Sciences reports 

2 that immigrant households paid $133,000,000,000 

3 in direct taxes to Federal, State, and local govern4 ments in 1997, and that a typical immigrant and his 

5 or her descendants pay an estimated $80,000 more 

6 in taxes than they receive in local, State, and Fed7 eral benefits over their lifetimes; 

8 (5) separating families can be damaging to a 

9 household’s financial and emotional well-being and 

10 efforts should be taken to keep husbands and wives, 

11 parents, and children together; 

12 (6) a mechanism that provides workers the op13 portunity for legal permanent residence in the 

14 United States would save the Federal Government 

15 billions of dollars each year in enforcement initia16 tives and allow thousands of government personnel 

17 to concentrate their efforts on safeguarding the 

18 homeland and fighting terrorism; and 

19 (7) men and women entering the United States 

20 to fill vacancies in the workforce and provide for 

21 their families are being exploited and injured in in22 creasing numbers because the current system and 

23 market realities have crated a violent and lucrative 

24 human border smuggling operation. 
4

•HR 440 IH 

1 (b) PURPOSE.—The purpose of this Act is to create 

2 a system that recognizes and reflects the enormous con3 tributions immigrants make to our workforce and econ4 omy, helps hardworking families stay together, and pro5 tects our homeland by—

6 (1) creating an improved system of account7 ability that allows critical resources and manpower 

8 to be redirected to fight the war on terror; 

9 (2) providing legal permanent residence to im10 migrants who have been living in the United States 

11 for 5 years or more; 

12 (3) granting conditional legal status and work 

13 authorization to all law-abiding immigrants living in 

14 the United States for less than 5 years; and 

15 (4) repealing provisions that bar certain alien 

16 from admission into the United States for a period 

17 of 3 to 10 years or that place aliens at risk of re18 moval from the United States for having committed 

19 minor nonviolent offenses.
5

•HR 440 IH 

1 TITLE I—LEGALIZATION OF 

2 STATUS

3 SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN 5-YEAR 

4 RESIDENTS TO THAT OF PERSON ADMITTED 

5 FOR LAWFUL PERMANENT RESIDENCE. 

6 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

7 1255 et seq.) is amended by inserting after section 245A 

8 the following:

9 ‘‘ADJUSTMENT OF STATUS OF CERTAIN 5-YEAR RESI10 DENTS TO THAT OF PERSON ADMITTED FOR LAW11 FUL PERMANENT RESIDENCE

12 ‘‘SEC. 245B. (a) RESIDENT STATUS.—

13 ‘‘(1) IN GENERAL.—The Attorney General shall 

14 adjust the status of an alien to that of an alien law15 fully admitted for permanent residence if the alien 

16 meets the requirements of this subsection. 

17 ‘‘(2) TIMELY APPLICATION.—

18 ‘‘(A) DURING APPLICATION PERIOD.—The 

19 alien must apply for such adjustment during 

20 the 24-month period beginning on the date final 

21 regulations are issued to carry out this section. 

22 ‘‘(B) INFORMATION INCLUDED IN APPLI23 CATION.—Each application under subparagraph 

24 (A) shall contain such information as the Attor25 ney General may require, including information 
6

•HR 440 IH 

1 on living relatives of the applicant with respect 

2 to whom a petition for preference or other sta3 tus may be filed by the applicant at any later 

4 date under section 204(a). 

5 ‘‘(3) CONTINUOUS 5-YEAR RESIDENCE.—

6 ‘‘(A) IN GENERAL.—

7 ‘‘(i) 5 YEARS.—The alien must estab8 lish continuous residence in the United 

9 States during the 5-year period ending on 

10 January 29, 2003, and through the date 

11 the application was filed. 

12 ‘‘(ii) TREATMENT OF CERTAIN AB13 SENCES.—An alien shall not be considered 

14 to have lost continuous residence by reason 

15 of an absence from the United States per16 mitted under subsection (b)(9). 

17 ‘‘(B) EXCHANGE VISITORS.—If the alien 

18 was at any time a nonimmigrant exchange alien 

19 (as defined in section 101(a)(15)(J)), the alien 

20 must establish that the alien was not subject to 

21 the two-year foreign residence requirement of 

22 section 212(e) or has fulfilled that requirement 

23 or received a waiver thereof. 

24 ‘‘(4) CONTINUOUS PRESENCE.—
7

•HR 440 IH 

1 ‘‘(A) IN GENERAL.—The alien must estab2 lish that the alien has been continuously phys3 ically present in the United States since Janu4 ary 29, 2003. 

5 ‘‘(B) TREATMENT OF BRIEF, CASUAL, AND

6 INNOCENT ABSENCES.—An alien shall not be 

7 considered to have failed to maintain contin8 uous physical presence in the United States for 

9 purposes of subparagraph (A) by virtue of brief, 

10 casual, and innocent absences from the United 

11 States. 

12 ‘‘(C) ADMISSIONS.—Nothing in this section 

13 shall be construed as authorizing an alien to 

14 apply for admission to, or to be admitted to, the 

15 United States in order to apply for adjustment 

16 of status under this subsection. 

17 ‘‘(5) ADMISSIBLE AS IMMIGRANT.—The alien 

18 must establish that the alien—

19 ‘‘(A) is admissible to the United States as 

20 an immigrant, except as otherwise provided 

21 under subsection (c)(2); 

22 ‘‘(B) has not been convicted of any felony 

23 or three or more misdemeanors committed in 

24 the United States; 
8

•HR 440 IH 

1 ‘‘(C) has not assisted in the persecution of 

2 any person or persons on account of race, reli3 gion, nationality, membership in a particular 

4 group, or political opinion; 

5 ‘‘(D) is registered or registering under the 

6 Military Selective Service Act, if the alien is re7 quired to be so registered; and 

8 ‘‘(E) has not received public cash assist9 ance. 

10 ‘‘(b) APPLICATIONS FOR ADJUSTMENT OF STATUS.—

11 ‘‘(1) CONDITIONS FOR ACCEPTANCE OF APPLI12 CATION.—An application shall be accepted under 

13 this subsection upon a determination that the appli14 cant is prima facie eligible for adjustment of status 

15 under subsection (a), which determination shall not 

16 be made before, at a minimum, the identity of the 

17 applicant has been checked against all appropriate 

18 electronic databases maintained by the Attorney 

19 General and by the Secretary of State and appro20 priate foreign entities or international law enforce21 ment databases to determine any grounds on which 

22 the alien may be inadmissible to the United States 

23 that may not be waived under subsection (c)(2). 

24 ‘‘(2) TO WHOM MAY BE MADE.—
9

•HR 440 IH 

1 ‘‘(A) IN GENERAL.—The Attorney General 

2 shall provide that applications for adjustment of 

3 status under subsection (a) may be filed—

4 ‘‘(i) with the Attorney General; or 

5 ‘‘(ii) with a qualified designated enti6 ty, but only if the applicant consents to the 

7 forwarding of the application to the Attor8 ney General. 

9 ‘‘(B) DEFINITION.—As used in this sec10 tion, the term ‘qualified designated entity’ 

11 means an organization or person designated 

12 under paragraph (3). 

13 ‘‘(3) DESIGNATION OF QUALIFIED ENTITIES TO

14 RECEIVE APPLICATIONS.—For purposes of assisting 

15 in the program of legalization provided under this 

16 section, the Attorney General—

17 ‘‘(A) shall designate qualified voluntary or18 ganizations and other qualified State, local, and 

19 community organizations; and 

20 ‘‘(B) may designate such other persons as 

21 the Attorney General determines are qualified 

22 and have substantial experience, demonstrated 

23 competence, and traditional long-term involve24 ment in the preparation and submittal of appli25 cations for adjustment of status under section
10

•HR 440 IH 

1 209 or 245, Public Law 89–732, or Public Law 

2 95–145. 

3 ‘‘(4) TREATMENT OF APPLICATIONS BY DES4 IGNATED ENTITIES.—Each qualified designated enti5 ty must agree to forward to the Attorney General 

6 applications filed with it in accordance with para7 graph (2)(A)(ii) but not to forward to the Attorney 

8 General applications filed with it unless the appli9 cant has consented to such forwarding. No such en10 tity may make a determination required by this sec11 tion to be made by the Attorney General. 

12 ‘‘(5) LIMITATION ON ACCESS TO INFORMA13 TION.—Files and records of qualified designated en14 tities relating to an alien’s seeking assistance or in15 formation with respect to filing an application under 

16 this section are confidential and the Attorney Gen17 eral and the Service shall not have access to such 

18 files or records relating to an alien without the con19 sent of the alien. 

20 ‘‘(6) CONFIDENTIALITY OF INFORMATION.—

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 this paragraph, neither the Attorney General, 

23 nor any other official or employee of the De24 partment of Justice, or bureau or agency there25 of, may—
11

•HR 440 IH 

1 ‘‘(i) use the information furnished by 

2 the applicant pursuant to an application 

3 filed under this section for any purpose 

4 other than to make a determination on the 

5 application, for enforcement of paragraph 

6 (7); 

7 ‘‘(ii) make any publication whereby 

8 the information furnished by any par9 ticular applicant can be identified; or 

10 ‘‘(iii) permit anyone other than the 

11 sworn officers and employees of the De12 partment or bureau or agency or, with re13 spect to applications filed with a des14 ignated entity, that designated entity, to 

15 examine individual applications. 

16 ‘‘(B) REQUIRED DISCLOSURES.—The At17 torney General shall provide the information 

18 furnished under this section, and any other in19 formation derived from such furnished informa20 tion, to a duly recognized law enforcement enti21 ty in connection with a criminal investigation or 

22 prosecution, when such information is requested 

23 in writing by such entity, or to an official cor24 oner for purposes of affirmatively identifying a 
12

•HR 440 IH 

1 deceased individual (whether or not such indi2 vidual is deceased as a result of a crime). 

3 ‘‘(C) AUTHORIZED DISCLOSURES.—The 

4 Attorney General may provide, in the Attorney 

5 General’s discretion, for the furnishing of infor6 mation furnished under this section in the same 

7 manner and circumstances as census informa8 tion may be disclosed by the Secretary of Com9 merce under section 8 of title 13, United States 

10 Code. 

11 ‘‘(D) CONSTRUCTION.—

12 ‘‘(i) IN GENERAL.—Nothing in this 

13 paragraph shall be construed to limit the 

14 use, or release, for immigration enforce15 ment purposes or law enforcement pur16 poses of information contained in files or 

17 records of the Service pertaining to an ap18 plication filed under this section, other 

19 than information furnished by an applicant 

20 pursuant to the application, or any other 

21 information derived from the application, 

22 that is not available from any other source. 

23 ‘‘(ii) CRIMINAL CONVICTIONS.—Infor24 mation concerning whether the applicant 

25 has at any time been convicted of a crime 
13

•HR 440 IH 

1 may be used or released for immigration 

2 enforcement or law enforcement purposes. 

3 ‘‘(E) CRIME.—Whoever knowingly uses, 

4 publishes, or permits information to be exam5 ined in violation of this paragraph shall be fined 

6 not more than $10,000. 

7 ‘‘(7) PENALTIES FOR FALSE STATEMENTS IN

8 APPLICATIONS.—Whoever files an application for ad9 justment of status under this section and knowingly 

10 and willfully falsifies, misrepresents, conceals, or 

11 covers up a material fact or makes any false, ficti12 tious, or fraudulent statements or representations, 

13 or makes or uses any false writing or document 

14 knowing the same to contain any false, fictitious, or 

15 fraudulent statement or entry, shall be fined in ac16 cordance with title 18, United States Code, or im17 prisoned not more than five years, or both. 

18 ‘‘(8) APPLICATION FEES.—

19 ‘‘(A) FEE SCHEDULE.—The Attorney Gen20 eral shall provide for a schedule of fees to be 

21 charged for the filing of applications for adjust22 ment under this section. Such fees shall not ex23 ceed the Attorney General’s costs in adjudi24 cating the applications. 
14

•HR 440 IH 

1 ‘‘(B) USE OF FEES.—The Attorney Gen2 eral shall deposit payments received under this 

3 paragraph in a separate account and amounts 

4 in such account shall be available, without fiscal 

5 year limitation, to cover administrative and 

6 other expenses incurred in connection with the 

7 review of applications filed under this sub8 section. 

9 ‘‘(9) AUTHORIZED TRAVEL AND EMPLOY10 MENT.—During the period after an alien has sub11 mitted an application under this subsection and be12 fore the Attorney General has rendered a decision to 

13 accept or reject such application, and during the pe14 riod after the acceptance of an alien’s application 

15 under this subsection and before the Attorney Gen16 eral has rendered a final decision granting or deny17 ing such application, the Attorney General—

18 ‘‘(A) shall not remove the alien from the 

19 United States; 

20 ‘‘(B) shall, in accordance with regulations, 

21 permit the alien to return to the United States 

22 after such brief and casual trips abroad as re23 flect an intention on the part of the alien to ad24 just to lawful permanent resident status under 

25 subsection (a) and after brief temporary trips
15

•HR 440 IH 

1 abroad occasioned by a family obligation involv2 ing an occurrence such as the illness or death 

3 of a close relative or other family need; and 

4 ‘‘(C) shall, not later than 90 days after the 

5 alien’s application under this subsection has 

6 been accepted under paragraph (1), grant the 

7 alien authorization to engage in employment in 

8 the United States and provide to the alien an 

9 ‘employment authorized’ endorsement or other 

10 appropriate work permit. 

11 ‘‘(c) WAIVER OF NUMERICAL LIMITATIONS AND CER12 TAIN GROUNDS FOR INADMISSIBILITY.—

13 ‘‘(1) NUMERICAL LIMITATIONS DO NOT

14 APPLY.—The numerical limitations of sections 201 

15 and 202 shall not apply to the adjustment of aliens 

16 to lawful permanent resident status under subsection 

17 (a) or (g). 

18 ‘‘(2) TREATMENT OF GROUNDS FOR INADMIS19 SIBILITY.—

20 ‘‘(A) INAPPLICABLE GROUNDS FOR INAD21 MISSIBILITY.—In the determination of an 

22 alien’s admissibility under subsection (a), the 

23 provisions of paragraphs (4), (5), (6)(A), 

24 (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 

25 (9)(C) of section 212(a) shall not apply. 
16

•HR 440 IH 

1 ‘‘(B) WAIVER OF GROUNDS FOR INADMIS2 SIBILITY.—

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), the Attorney General 

5 may waive any other provision of section 

6 212(a) in the case of individual aliens for 

7 humanitarian purposes, to assure family 

8 unity, or when it is otherwise in the public 

9 interest. 

10 ‘‘(ii) GROUNDS THAT MAY NOT BE

11 WAIVED.—The following provisions of sec12 tion 212(a) may not be waived by the At13 torney General under clause (i): 

14 ‘‘(I) Paragraphs (2)(A) and 

15 (2)(B) (relating to criminals). 

16 ‘‘(II) Paragraph (2)(C) (relating 

17 to drug offenses), except for so much 

18 of such paragraph as relates to a sin19 gle offense of simple possession of 30 

20 grams or less of marijuana. 

21 ‘‘(III) Paragraph (3) (relating to 

22 security and related grounds). 

23 ‘‘(C) MEDICAL EXAMINATION.—The alien 

24 shall be required, at the alien’s expense, to un25 dergo such a medical examination (including a 
17

•HR 440 IH 

1 determination of immunization status) as is ap2 propriate and conforms to generally accepted 

3 professional standards of medical practice. 

4 ‘‘(d) TEMPORARY STAY OF DEPORTATION AND

5 WORK AUTHORIZATION BEFORE APPLICATION PERIOD.—

6 The Attorney General may provide that in the case of an 

7 alien who is apprehended before the beginning of the ap8 plication period described in subsection (a)(2)(A) and who 

9 can establish a prima facie case of eligibility to have his 

10 status adjusted under subsection (a) or (g) (but for the 

11 fact that the alien may not apply for such adjustment until 

12 the beginning of such period), until the alien has had the 

13 opportunity during the first 180 days of the application 

14 period to complete the filing of an application for adjust15 ment, the alien—

16 ‘‘(1) may not be removed from the United 

17 States; and 

18 ‘‘(2) shall be granted authorization to engage in 

19 employment in the United States and be provided an 

20 ‘employment authorized’ endorsement or other ap21 propriate work permit. 

22 ‘‘(e) ADMINISTRATIVE AND JUDICIAL REVIEW.—

23 ‘‘(1) ADMINISTRATIVE AND JUDICIAL RE24 VIEW.—There shall be no administrative or judicial 

25 review of a determination respecting an application 
18

•HR 440 IH 

1 for adjustment of status under subsection (a) or (g) 

2 except in accordance with this subsection. 

3 ‘‘(2) ADMINISTRATIVE REVIEW.—

4 ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE

5 APPELLATE REVIEW.—The Attorney General 

6 shall establish an appellate authority to provide 

7 for a single level of administrative appellate re8 view of a determination described in paragraph 

9 (1). 

10 ‘‘(B) STANDARD FOR REVIEW.—Such ad11 ministrative appellate review shall be based 

12 solely upon the administrative record estab13 lished at the time of the determination on the 

14 application and upon such additional or newly 

15 discovered evidence as may not have been avail16 able at the time of the determination. 

17 ‘‘(3) JUDICIAL REVIEW.—

18 ‘‘(A) LIMITATION TO REVIEW OF DEPOR19 TATION.—There shall be judicial review of such 

20 a denial only in the judicial review of an order 

21 of removal under section 242. 

22 ‘‘(B) STANDARD FOR JUDICIAL REVIEW.—

23 Such judicial review shall be based solely upon 

24 the administrative record established at the 

25 time of the review by the appellate authority 
19

•HR 440 IH 

1 and the findings of fact and determinations 

2 contained in such record shall be conclusive un3 less the applicant can establish abuse of discre4 tion or that the findings are directly contrary to 

5 clear and convincing facts contained in the 

6 record considered as a whole. 

7 ‘‘(f) IMPLEMENTATION OF SECTION.—

8 ‘‘(1) REGULATIONS.—The Attorney General, 

9 after consultation with the Committees on the Judi10 ciary of the House of Representatives and of the 

11 Senate, shall prescribe—

12 ‘‘(A) regulations establishing a definition 

13 of the term ‘continuous residence’, as used in 

14 this section, and the evidence needed to estab15 lish that an alien has resided continuously in 

16 the United States for purposes of this section; 

17 and 

18 ‘‘(B) such other regulations as may be nec19 essary to carry out this section. 

20 ‘‘(2) CONSIDERATIONS.—In prescribing regula21 tions described in paragraph (1)(A), the following 

22 requirements shall apply: 

23 ‘‘(A) PERIODS OF CONTINUOUS RESI24 DENCE.—The Attorney General shall specify 

25 periods of absence from the United States
20

•HR 440 IH 

1 which will be considered to break a period of 

2 continuous residence in the United States and 

3 shall not take into account absences due merely 

4 to brief and casual trips abroad. 

5 ‘‘(B) ABSENCES CAUSED BY REMOVAL.—If 

6 a waiver is granted pursuant to subsection 

7 (c)(2)(B) for an alien who is inadmissible under 

8 section 212(a)(9)(A) due to having been or9 dered removed, or having departed the United 

10 States while an order of removal was out11 standing, the Attorney General shall provide 

12 that any period of time during which the alien 

13 is outside the United States because of such re14 moval or departure shall be disregarded in de15 termining any period of continuous residence or 

16 presence in the United States for purposes of 

17 this section. 

18 ‘‘(C) ABSENCES CAUSED BY ADVANCE PA19 ROLE.—The Attorney General shall provide 

20 that any period of time during which an alien 

21 is outside the United States pursuant to the ad22 vance parole procedures of the Service shall not 

23 be considered as part of the period of time dur24 ing which an alien is outside the United States 

25 for purposes of this section. 
21

•HR 440 IH 

1 ‘‘(D) WAIVERS OF CERTAIN ABSENCES.—

2 The Attorney General shall provide for a waiv3 er, in the discretion of the Attorney General, of 

4 the periods specified under subparagraph (A) in 

5 the case of an absence from the United States 

6 due merely to a brief temporary trip abroad re7 quired by emergency or extenuating cir8 cumstances outside the control of the alien. 

9 ‘‘(E) USE OF CERTAIN DOCUMENTA10 TION.—The Attorney General shall provide that 

11 the applicant may submit evidence to establish 

12 his or her continuous residence, including—

13 ‘‘(i) attestations; 

14 ‘‘(ii) photographs; 

15 ‘‘(iii) rental records; 

16 ‘‘(iv) medical records; 

17 ‘‘(v) employment; 

18 ‘‘(vi) school records; 

19 ‘‘(vii) bank records; and 

20 ‘‘(viii) attestations from community 

21 leaders, religious leaders, coworkers, or so22 cial service providers. 

23 ‘‘(g) FAMILY UNIFICATION.—

24 ‘‘(1) IN GENERAL.—The status of an alien shall 

25 be adjusted by the Attorney General to that of an 
22

•HR 440 IH 

1 alien lawfully admitted for permanent residence con2 currently with the adjustment of the principal alien, 

3 if—

4 ‘‘(A) the alien is the spouse or child of an 

5 alien whose status is adjusted to that of an 

6 alien lawfully admitted for permanent residence 

7 under subsection (a); 

8 ‘‘(B) the alien is otherwise admissible to 

9 the United States for permanent residence, ex10 cept in determining such admissibility the 

11 grounds for inadmissibility specified in para12 graphs (4), (5), (6)(A), (6)(C), (6)(F), (6)(G), 

13 (7)(A), (9)(B), and (9)(C) of section 212(a) 

14 shall not apply; and 

15 ‘‘(C) the spouse or child was included in 

16 the application required under subsection (a). 

17 ‘‘(2) DETERMINATION OF WHETHER APPLICANT

18 IS A CHILD.—For purposes of paragraph (1)(A), a 

19 determination of whether an alien is a child shall be 

20 made using the age of the alien on the date on 

21 which the application under subsection (a) is filed. 

22 ‘‘(h) INAPPLICABILITY OF REMOVAL ORDER REIN23 STATEMENT.—Section 241(a)(5) shall not apply with re24 spect to an alien who is applying for adjustment of status 

25 under this section. 
23

•HR 440 IH 

1 ‘‘(i) DISSEMINATION OF INFORMATION ON LEGAL2 IZATION PROGRAM.—Beginning not later than the first 

3 day of the application period described in subsection 

4 (a)(2)(A), the Attorney General, in cooperation with quali5 fied designated entities, shall broadly disseminate informa6 tion respecting the benefits which aliens may receive under 

7 this section and section 245C and the requirements to ob8 tain such benefits.’’. 

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

10 is amended by inserting after the item relating to section 

11 245A the following:

‘‘Sec. 245B. Adjustment of status of certain 5-year residents to that of person 

admitted for lawful residence.’’.

12 SEC. 102. CONDITIONAL PERMANENT RESIDENT STATUS 

13 FOR CERTAIN OTHER ALIENS UNABLE TO 

14 SATISFY 5-YEAR RESIDENCE REQUIREMENT. 

15 (a) IN GENERAL.—Chapter 5 of title II, as amended 

16 by section 101, is further amended by inserting after sec17 tion 245B the following:

18 ‘‘CONDITIONAL PERMANENT RESIDENT STATUS FOR CER19 TAIN ALIENS INELIGIBLE FOR ADJUSTMENT UNDER

20 SECTION 245B

21 ‘‘SEC. 245C. (a) IN GENERAL.—

22 ‘‘(1) CONDITIONAL BASIS.—In the case of an 

23 alien who has commenced a period of continuous 

24 residence in the United States, who timely applies 
24

•HR 440 IH 

1 for adjustment of status under section 245B, and 

2 who is otherwise eligible for adjustment of status 

3 under subsection (a) of such section, except that the 

4 alien is unable to satisfy the 5-year residence re5 quirement described in subsection (a)(3)(A)(i) of 

6 such section, the Attorney General, notwithstanding 

7 such inability—

8 ‘‘(A) shall accept the application in accord9 ance with subsection (b)(1) of such section if 

10 the application otherwise satisfies the require11 ments of section 245B; and 

12 ‘‘(B) shall adjust the status of the alien to 

13 that of an alien lawfully admitted for perma14 nent residence on a conditional basis if the alien 

15 otherwise satisfies the requirements of section 

16 245B. 

17 ‘‘(2) EXCEPTION.—The Attorney General shall 

18 deem an alien described in paragraph (1) to have 

19 satisfied the 5-year residence requirement described 

20 in section 245B(a)(3)(A)(i), and shall adjust the sta21 tus of the alien under section 245B(a) and not 

22 under this section, if the alien establishes, before the 

23 application for adjustment of status under section 

24 245B is adjudicated (and subject to section
25

•HR 440 IH 

1 245B(a)(3)(A)(ii)), that period of residence in the 

2 United States—

3 ‘‘(A) has remained continuous for not less 

4 than 5 years; or 

5 ‘‘(B) will satisfy subparagraph (A) not 

6 later than the end of the 90-day period begin7 ning on such adjudication date. 

8 ‘‘(b) FAMILY UNIFICATION.—In the case of a spouse 

9 or child of a principal alien who obtains permanent resi10 dent status on a conditional basis under subsection (a), 

11 the Attorney General shall provide for the concurrent 

12 granting of the same status to the spouse or child if, dis13 regarding the inability of the principal alien to satisfy the 

14 5-year residence requirement described in section 

15 245B(a)(3)(A)(i), the spouse or child is eligible for adjust16 ment of status under section 245B(g). 

17 ‘‘(c) APPLICATION OF ADDITIONAL PROVISIONS.—

18 Except as otherwise provided in this section, the provisions 

19 of subsections (b), (c), (d), (e), and (h) of section 245B 

20 shall apply under this section in the same manner as such 

21 provisions apply under section 245B. 

22 ‘‘(d) NOTICE OF REQUIREMENTS.—

23 ‘‘(1) AT TIME OF OBTAINING PERMANENT RESI24 DENCE.—At the time an alien obtains permanent 

25 resident status on a conditional basis under sub-
26

•HR 440 IH 

1 section (a) or (b), the Attorney General shall provide 

2 for notice to such alien respecting the provisions of 

3 this section and the requirements to have the condi4 tional basis of such status removed. 

5 ‘‘(2) AT TIME OF REQUIRED PETITION.—In ad6 dition, the Attorney General shall attempt to provide 

7 notice to such alien, at or about the beginning of the 

8 90-day period described in subsection (e)(2), of such 

9 provisions and requirements. 

10 ‘‘(3) EFFECT OF FAILURE TO PROVIDE NO11 TICE.—The failure of the Attorney General to pro12 vide a notice under this subsection shall not affect 

13 the enforcement of the provisions of this section with 

14 respect to any alien. 

15 ‘‘(e) REQUIREMENT OF TIMELY PETITION FOR RE16 MOVAL OF CONDITION ON PRINCIPAL ALIEN.—

17 ‘‘(1) IN GENERAL.—In order for the conditional 

18 basis established under subsection (a) for an alien to 

19 be removed, the alien must submit to the Attorney 

20 General a petition which requests the removal of 

21 such conditional basis and which states, under pen22 alty of perjury, facts and information establishing—

23 ‘‘(A) subject to section 245B(a)(3)(A)(ii), 

24 that the period of residence described in sub-
27

•HR 440 IH 

1 section (a) has remained continuous for not less 

2 than 5 years; 

3 ‘‘(B) that the alien has never been inad4 missible under section 212(a)(4); and 

5 ‘‘(C) subject to the exceptions described in 

6 section 245B(c)(2), that the alien satisfies the 

7 requirements of section 245B(a)(5). 

8 ‘‘(2) SUBMISSION PERIOD.—A petition under 

9 paragraph (1) shall be submitted during the 90-day 

10 period ending on the date that is 5 years after the 

11 date on which the alien commenced the period of 

12 residence described in subsection (a). 

13 ‘‘(3) TERMINATION OF PERMANENT RESIDENT

14 STATUS FOR FAILURE TO FILE PETITION.—

15 ‘‘(A) IN GENERAL.—In the case of an alien 

16 with permanent resident status on a conditional 

17 basis under subsection (a), if no petition is filed 

18 with respect to the alien in accordance with the 

19 provisions of paragraphs (1) and (2), the Attor20 ney General shall terminate the permanent resi21 dent status of the alien (and that of the alien’s 

22 spouse and children, if obtained under sub23 section (b)) as of the 5-year anniversary of the 

24 date on which the period of residence described 

25 in subsection (a) commenced. 
28

•HR 440 IH 

1 ‘‘(B) HEARING IN REMOVAL PRO2 CEEDING.—In any removal proceeding with re3 spect to an alien whose permanent resident sta4 tus is terminated under subparagraph (A), the 

5 burden of proof shall be on the alien to estab6 lish compliance with the conditions of para7 graphs (1) and (2). 

8 ‘‘(C) HARDSHIP WAIVER.—The Attorney 

9 General, in the Attorney General’s discretion, 

10 may remove the conditional basis of the perma11 nent resident status for an alien who fails to 

12 meet the requirements of paragraphs (1) and 

13 (2) if the alien demonstrates that extreme hard14 ship would result if such alien is removed. 

15 ‘‘(f) DETERMINATION AFTER PETITION.—

16 ‘‘(1) IN GENERAL.—If a petition is filed in ac17 cordance with the provisions of subsection (e), the 

18 Attorney General shall make a determination, within 

19 90 days of the date of the filing, as to whether the 

20 facts and information alleged in the petition are 

21 true. 

22 ‘‘(2) REMOVAL OF CONDITIONAL BASIS IF FA23 VORABLE DETERMINATION.—

24 ‘‘(A) PRINCIPAL ALIEN.—If the Attorney 

25 General determines that such facts and infor-
29

•HR 440 IH 

1 mation are true, the Attorney General shall so 

2 notify the parties involved and shall remove the 

3 conditional basis of the principal alien effective 

4 as of the 5th anniversary of the date on which 

5 the period of residence described in subsection 

6 (a) commenced. 

7 ‘‘(B) SPOUSE AND CHILDREN.—In the 

8 case of a spouse or child with permanent resi9 dent status on a conditional basis under sub10 section (b), upon the removal of the principal 

11 alien’s conditional basis under subparagraph 

12 (B), the Attorney General shall determine 

13 whether the spouse or child satisfies the re14 quirement of section 245B(g)(1)(B). If the 

15 spouse or child is determined to satisfy such re16 quirement, the Attorney General shall so notify 

17 the parties involved and shall remove the condi18 tional basis of the spouse or child effective as 

19 of the 5th anniversary of the date on which the 

20 period of residence described in subsection (a) 

21 commenced. Otherwise, the Attorney General 

22 shall so notify the parties involved and shall 

23 terminate the permanent resident status of the 

24 spouse or child.
30

•HR 440 IH 

1 ‘‘(3) TERMINATION IF ADVERSE DETERMINA2 TION.—If the Attorney General determines that such 

3 facts and information are not true, the Attorney 

4 General shall so notify the parties involved and, sub5 ject to paragraph (4), shall terminate the permanent 

6 resident status of the principal alien (and that of the 

7 alien’s spouse and children, if obtained under sub8 section (b)). 

9 ‘‘(4) HEARING IN REMOVAL PROCEEDING.—Any 

10 alien whose permanent resident status is terminated 

11 under paragraph (3) may request a review of such 

12 determination in a proceeding to remove the alien. 

13 In such proceeding, the burden of proof shall be on 

14 the Attorney General to establish, by a preponder15 ance of the evidence, that the facts and information 

16 required to be alleged in the petition are not true. 

17 ‘‘(g) DETERMINATION OF WHETHER A CHILD.—For 

18 purposes of this section, a determination of whether an 

19 alien is a child shall be made using the age of the alien 

20 on the date on which the alien files an application for per21 manent residence under subsection (b). 

22 ‘‘(h) TREATMENT OF PERIOD FOR PURPOSES OF

23 NATURALIZATION.—For purposes of title III, in the case 

24 of an alien who is in the United States as a lawful perma25 nent resident on a conditional basis under this section, the 
31

•HR 440 IH 

1 alien shall be considered to have been admitted as an alien 

2 lawfully admitted for permanent residence and to be in 

3 the United States as an alien lawfully admitted to the 

4 United States for permanent residence.’’. 

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

6 is amended by inserting after the item relating to section 

7 245B the following:

‘‘Sec. 245C. Conditional permanent resident status for certain aliens ineligible 

for adjustment under section 245B.’’.

8 TITLE II—MODIFICATION OF 

9 PROVISIONS AFFECTING RE10 MOVAL OF ALIENS

11 SEC. 201. ELIMINATION OF RETROACTIVE APPLICATION OF 

12 CERTAIN PROVISIONS OF THE IMMIGRATION 

13 AND NATIONALITY ACT. 

14 (a) CANCELLATION OF REMOVAL.—Section 240A (8 

15 U.S.C. 1229b) is amended by adding at the end the fol16 lowing new subsection: 

17 ‘‘(f) APPLICATION OF LAW.—Notwithstanding any 

18 other provision of this section, an alien who committed an 

19 offense that was a ground for deportation or exclusion 

20 prior to April 1, 1997, shall have the law in effect at the 

21 time of the offense apply with respect to any application 

22 for relief from deportation or exclusion on that ground. 

23 For purposes of determining eligibility for such relief, such 

24 alien shall be credited with any periods of residency in the 
32

•HR 440 IH 

1 United States that the alien has accrued without regard 

2 to whether or not the residency occurred after the commis3 sion of the offense or service of a notice to appear under 

4 section 239(a).’’. 

5 (b) APPLICATION OF AGGRAVATED FELONY DEFINI6 TION.—The last sentence of section 101(a)(43) (8 U.S.C. 

7 1101(a)(43)) is amended to read as follows: ‘‘The term 

8 shall not apply to any offense that was not covered by 

9 the term on the date on which the offense occurred.’’. 

10 (c) GROUNDS OF DEPORTABILITY.—Section 237 (8 

11 U.S.C. 1227) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(d) Notwithstanding any other provision of this sec14 tion, an alien is not deportable by reason of committing 

15 any offense that was not a ground of deportability on the 

16 date the offense occurred.’’. 

17 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

18 U.S.C. 1182) is amended—

19 (1) by redesignating the subsection (p) added 

20 by section 1505(f) of P.L. 106–386 (114 Stat. 

21 1526) as a subsection (s); and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(t)(1) Notwithstanding any other provision of this 

25 section, an alien is not inadmissible by reason of commit-
33

•HR 440 IH 

1 ting any offense that was not a ground of inadmissibility 

2 on the date the offense occurred. 

3 ‘‘(2) Any alien who applied for admission to the 

4 United States or adjustment of status to that of an alien 

5 lawfully admitted for permanent residence prior to April 

6 1, 1997, and was inadmissible under subsection (a)(6)(C), 

7 shall be eligible for the relief available (including any waiv8 er of inadmissibility) at the time the application was 

9 filed.’’. 

10 (e) PROSPECTIVE EFFECTIVE DATES.—

11 (1) ILLEGAL IMMIGRATION REFORM AND IMMI12 GRANT RESPONSIBILITY ACT.—Notwithstanding any 

13 other provision of law, the Illegal Immigration Re14 form and Immigrant Responsibility Act of 1996, and 

15 the amendments made by that Act, shall apply only 

16 to persons seeking admission, or who became inad17 missible or deportable, on or after April 1, 1997, as 

18 the case may be.

19 (2) ANTITERRORISM AND EFFECTIVE DEATH

20 PENALTY ACT OF 1996.—Notwithstanding any other 

21 provision of law, title IV of the Antiterrorism and 

22 Effective Death Penalty Act of 1996, and the 

23 amendments made by that title, shall only apply to 

24 persons seeking admission, or who become deport25 able, on or after April 24, 1996. 
34

•HR 440 IH 

1 (3) REINSTATEMENT OF REMOVAL ORDERS.—

2 Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is repealed, 

3 and such repeal shall apply to all proceedings pend4 ing at any stage as of the date of the enactment of 

5 this Act and to all cases brought on or after such 

6 date. 

7 SEC. 202. RESTORATION OF PROPORTIONALITY TO 

8 GROUNDS OF REMOVAL. 

9 (a) DEFINITION OF CRIMES INVOLVING MORAL TUR10 PITUDE.—Section 237(a)(2)(A)(i) (8 U.S.C. 

11 1227(a)(2)(A)(i)) is amended to read as follows: 

12 ‘‘(i) CRIMES OF MORAL TURPITUDE.—Any 

13 alien who is convicted of a crime involving 

14 moral turpitude committed within five years 

15 after the date of admissions (or 10 years in the 

16 case of an alien provided lawful permanent resi17 dence status under section 245(j)) for which the 

18 alien is confined in a prison or correctional in19 stitution for more than one year, is deport20 able.’’. 

21 (b) DEFINITION OF AGGRAVATED FELONY.—Section 

22 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended—

23 (1) in subparagraphs (F), (G), (J), (R), and 

24 (S), by striking ‘‘one year’’ each place it appears 

25 and inserting ‘‘five years’’; 
35

•HR 440 IH 

1 (2) by amending subparagraph (N) (8 U.S.C. 

2 1101(a)(43)(N)) to read as follows: 

3 ‘‘(N) an offense described in section 274(a)(1) 

4 (relating to alien smuggling) for the purpose of com5 mercial advantage.’’; 

6 (3) in subparagraph (P)(ii) (8 U.S.C. 

7 1101(a)(43)(P)(ii)), by striking ‘‘child’’ and insert8 ing ‘‘son or daughter’’; 

9 (4) in subparagraph (T), by striking ‘‘2 years’ ’’ 

10 and inserting ‘‘5 years’ ’’; and 

11 (5) by adding at the end of section 101(a)(43) 

12 the following: ‘‘No crime shall be deemed to be an 

13 aggravated felony if the underlying conviction is a 

14 misdemeanor or if the sentence imposed is not in ex15 cess of one year.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to convictions entered before, on, 

18 or after the date of the enactment of this Act. 

19 (d) CONVICTION DEFINED.—Section 101(a)(48)(A) 

20 (8 U.S.C. 1101(a)(48)(A)) is amended—

21 (1) by redesignating clauses (i) and (ii) as sub22 clauses (I) and (II), respectively; 

23 (2) by striking ‘‘(48)(A) The term’’ and insert24 ing ‘‘(48)(A)(i) Except as provided in clause (ii), the 

25 term’’; and 
36

•HR 440 IH 

1 (3) by adding at the end the following: 

2 ‘‘(ii) For purposes of determinations under this Act, 

3 the term ‘conviction’ does not include any Federal, State, 

4 or foreign guilty plea or other record of guilt or conviction 

5 that has been expunged, dismissed, canceled, vacated, dis6 charged or otherwise removed, or any Federal, State, or 

7 foreign deferred adjudication, adjudication of guilt with8 held, order of probation without entry of judgment, or 

9 similar disposition.’’. 

10 (e) DEFINITION OF TERM OF IMPRISONMENT.—Sec11 tion 101(a)(48)(B) (8 U.S.C. 1101(a)(48)(B)) is amended 

12 to read as follows: 

13 ‘‘(B) Any reference to a term of imprisonment or a 

14 sentence with respect to an offense is deemed to include 

15 the period of incarceration or confinement ordered by a 

16 court of law excluding any period of the suspension of the 

17 imposition or execution of that imprisonment or sentence 

18 in whole or in part.’’. 

19 (f) CONFORMING AMENDMENTS.—

20 (1) GROUND OF INADMISSIBILITY.—Section 

21 212(a)(6)(E) (8 U.S.C. 1182(a)(6)(E)) is amend22 ed—

23 (A) in clause (i), by inserting ‘‘and for 

24 commercial advantage’’ after ‘‘knowingly’’; 

25 (B) by striking clause (ii); and
37

•HR 440 IH 

1 (C) by redesignating clause (iii) as clause 

2 (ii). 

3 (2) GROUND OF DEPORTABILITY.—Section 

4 237(a)(1)(E) (8 U.S.C. 1227(a)(1)(E)) is amend5 ed—

6 (A) in clause (i), by inserting ‘‘and for 

7 commercial advantage’’ after ‘‘knowingly’’; 

8 (B) by striking clause (ii); and 

9 (C) by redesignating clause (iii) as clause 

10 (ii). 

11 SEC. 203. ELIMINATION OF PROHIBITION ON ADMISSION 

12 FOR ALIENS WHO HAVE BEEN UNLAWFULLY 

13 PRESENT IN THE UNITED STATES. 

14 (a) IN GENERAL.—Section 212(a)(9) (8 U.S.C. 

15 1182(a)(9)) is amended—

16 (1) by striking subparagraph (B); and 

17 (2) by redesignating subparagraph (C) as sub18 paragraph (B).

19 (b) CONFORMING AMENDMENT.—Section 248 (8 

20 U.S.C. 1258) is amended by striking ‘‘and who is not in21 admissible under section 212(a)(9)(B)(i) (or whose inad22 missibility under such section is waived under section 

23 212(a)(9)(B)(v))’’. 
38

•HR 440 IH 

1 TITLE III—MISCELLANEOUS

2 SEC. 301. FAMILY UNIFICATION THROUGH CHANGE IN 

3 WORLDWIDE LEVEL OF FAMILY-SPONSORED 

4 IMMIGRANTS. 

5 Section 201(c)(2) of the Immigration and Nationality 

6 Act (8 U.S.C. 1151(c)(2)) is amended by striking ‘‘the 

7 sum of the number of aliens described in subparagraphs 

8 (A) and (B) of subsection (b)(2)’’ and inserting ‘‘the num9 ber of aliens described in subsection (b)(2)(B)’’.

10 SEC. 302. VISA FOR CERTAIN SPOUSES AND CHILDREN OF 

11 CITIZENS AND PERMANENT RESIDENTS TEM12 PORARILY WAITING FOR VISA NUMBERS. 

13 (a) IN GENERAL.—Section 101(a)(15)(V) (8 U.S.C. 

14 1101(a)(15)(V)) is amended to read as follows: 

15 ‘‘(V) subject to section 214(o), an alien (other 

16 than one coming for the purpose of study or of per17 forming skilled or unskilled labor or as a representa18 tive of foreign press, radio, film, or other foreign in19 formation media coming to engage in such vocation) 

20 who is the beneficiary of a petition approved 

21 under—

22 ‘‘(i) section 204 (excluding the provisions 

23 of such section referred to in clause (ii)) for 

24 classification by reason of a relationship de25 scribed in section 203(a)(2)(A) with an alien 
39

•HR 440 IH 

1 lawfully admitted for permanent residence, who 

2 is awaiting the availability of an immigrant visa 

3 based upon such approval, and who seeks to 

4 enter the United States to achieve family unity 

5 by joining the permanent resident alien in the 

6 United States; or 

7 ‘‘(ii) clause (iii), (iv), or (v) of section 

8 204(a)(1)(A) or clause (ii), (iii), or (iv) of sec9 tion 204(a)(1)(B) and who is awaiting the 

10 availability of an immigrant visa based upon 

11 such approval.’’. 

12 (b) CONFORMING AMENDMENTS.—Section 214 (8 

13 U.S.C. 1184) is amended—

14 (1) by redesignating the subsections (o) and (p) 

15 added by sections 1102(b) and 1103(b), respectively, 

16 of the Departments of Commerce, Justice, and 

17 State, the Judiciary, and Related Agencies Appro18 priations Act, 2001, as enacted into law by section 

19 1(a)(2) of P.L. 106–553 as subsections (p) and (q); 

20 and 

21 (2) in subsection (p) (as so redesignated)—

22 (A) in paragraph (1)(B)(i), by striking 

23 ‘‘under section 203(a)(2)(A)’’ each place such 

24 term appears; 
40

•HR 440 IH 

1 (B) by striking paragraph (2) and redesig2 nating paragraph (3) as paragraph (2); and 

3 (C) in paragraph (2)(C) (as so redesig4 nated), by striking ‘‘(6)(A), (7), and (9)(B)’’ 

5 and inserting ‘‘(6)(A) and (7)’’. 

6 TITLE IV—GENERAL 

7 PROVISIONS 

8 SEC. 401. REGULATIONS. 

9 The Attorney General shall promulgate regulations to 

10 implement this Act not more than 90 days after the date 

11 of the enactment of this Act. 

12 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) IN GENERAL.—There are authorized to be appro14 priated such sums as may be necessary to carry out this 

15 Act. 

16 (b) AVAILABILITY OF FUNDS.—Amounts appro17 priated pursuant to subsection (a) are authorized to re18 main available until expended. 

19 SEC. 403. EFFECTIVE DATE. 

20 Except as otherwise provided in this Act, the amend21 ments made by this Act shall take effect on the date of 

22 the enactment of this Act.

Æ