II 

109TH CONGRESS 

1ST SESSION S. 597 

For the relief of Fatuka Kaikumba Flake. 

IN THE SENATE OF THE UNITED STATES 

MARCH 10, 2005 

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

the Committee on the Judiciary 

A BILL 

For the relief of Fatuka Kaikumba Flake. 

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

3 SECTION 1. PERMANENT RESIDENT STATUS FOR FATUKA 

4 KAIKUMBA FLAKE. 

5 (a) IN GENERAL.—Notwithstanding subsections (a) 

6 and (b) of section 201 of the Immigration and Nationality 

7 Act, Fatuka Kaikumba Flake shall be eligible for issuance 

8 of an immigrant visa or for adjustment of status to that 

9 of an alien lawfully admitted for permanent residence 

10 upon filing an application for issuance of an immigrant 

11 visa under section 204 of such Act or for adjustment of 

12 status to lawful permanent resident. 
2 

•S 597 IS

1 (b) WAIVER OF GROUNDS FOR REMOVAL OR DENIAL

2 OF ADMISSION.— 

3 (1) IN GENERAL.—Notwithstanding sections 

4 212(a) and 237(a) of the Immigration and Nation5 ality Act, Fatuka Kaikumba Flake may not be re6 moved from the United States, denied admission to 

7 the United States, or considered ineligible for lawful 

8 permanent residence in the United States, by reason 

9 of any ground for removal or denial of admission 

10 that is reflected in the records of the Department of 

11 Homeland Security or the Visa Office of the Depart12 ment of State, on the date of the enactment of this 

13 Act. 

14 (2) RESCISSION OF OUTSTANDING ORDER OF

15 REMOVAL.—The Secretary of Homeland Security 

16 shall rescind any outstanding order of removal or de17 portation, or any finding of inadmissibility or de18 portability, that has been entered against Fatuka 

19 Kaikumba Flake by reason of any ground described 

20 in paragraph (1). 

21 (c) ADJUSTMENT OF STATUS.—If Fatuka Kaikumba 

22 Flake enters, or is admitted or paroled into, the United 

23 States before the filing deadline specified in subsection 

24 (d), she shall be considered to have entered and remained 

25 lawfully and shall, if otherwise eligible, be eligible for ad-
3 

•S 597 IS

1 justment of status under section 245 of the Immigration 

2 and Nationality Act as of the date of the enactment of 

3 this Act. 

4 (d) DEADLINE FOR APPLICATION AND PAYMENT OF

5 FEES.—Subsections (a) and (b) shall apply only if the ap6 plication for issuance of an immigrant visa or the applica7 tion for adjustment of status is filed with appropriate fees 

8 within 2 years after the date of the enactment of this Act. 

9 (e) REDUCTION OF IMMIGRANT VISA NUMBER.— 

10 Upon the granting of an immigrant visa or permanent res11 idence to Fatuka Kaikumba Flake, the Secretary of State 

12 shall instruct the proper officer to reduce by 1, during the 

13 current or next following fiscal year, the total number of 

14 immigrant visas that are made available to natives of the 

15 country of the alien’s birth under section 203(a) of the 

16 Immigration and Nationality Act or, if applicable, the 

17 total number of immigrant visas that are made available 

18 to natives of the country of the alien’s birth under section 

19 202(e) of such Act. 

Æ