V 

108TH CONGRESS 

2D SESSION H. R. 5003 

For the relief of Malachy McAllister, Nicola McAllister, and Sean Ryan 

McAllister. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004 

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

Committee on the Judiciary 

A BILL 

For the relief of Malachy McAllister, Nicola McAllister, and 

Sean Ryan McAllister. 

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 MALACHY 

4 MCALLISTER, NICOLA MCALLISTER, AND 

5 SEAN RYAN MCALLISTER. 

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

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

8 Act, Malachy McAllister, Nicola McAllister, and Sean 

9 Ryan McAllister shall each be eligible for issuance of an 

10 immigrant visa or for adjustment of status to that of an 
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1 alien lawfully admitted for permanent residence upon fil2 ing an application for issuance of an immigrant visa under 

3 section 204 of such Act or for adjustment of status to 

4 lawful permanent resident. 

5 (b) ADJUSTMENT OF STATUS.—If Malachy 

6 McAllister, Nicola McAllister, or Sean Ryan McAllister en7 ters the United States before the filing deadline specified 

8 in subsection (c), he or she shall be considered to have 

9 entered and remained lawfully and shall, if otherwise eligi10 ble, be eligible for adjustment of status under section 245 

11 of the Immigration and Nationality Act as of the date of 

12 the enactment of this Act. 

13 (c) WAIVER OF GROUNDS FOR REMOVAL OF, OR DE14 NIAL OF ADMISSION TO, MALACHY MCALLISTER, NICOLA

15 MCALLISTER, AND SEAN RYAN MCALLISTER.— 

16 (1) IN GENERAL.—Notwithstanding sections 

17 212(a) and 237(a) of the Immigration and Nation18 ality Act, Malachy McAllister, Nicola McAllister, and 

19 Sean Ryan McAllister may not be removed from the 

20 United States, or denied admission to the United 

21 States, by reason of any act of any of such individ22 uals that is a ground for removal or denial of admis23 sion and is reflected in the records of the Depart24 ment of Homeland Security, or the Visa Office of 
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1 the Department of State, on the date of the enact2 ment of this Act. 

3 (2) RESCISSION OF OUTSTANDING ORDER OF

4 REMOVAL.—The Secretary of Homeland Security 

5 shall rescind any outstanding order of removal or de6 portation, or any finding of deportability, that has 

7 been entered against Malachy McAllister, Nicola 

8 McAllister, or Sean Ryan McAllister by reason of 

9 any act described in paragraph (1). 

10 (d) DEADLINE FOR APPLICATION AND PAYMENT OF

11 FEES.—Subsections (a) and (b) shall apply only if the ap12 plication for issuance of an immigrant visa or the applica13 tion for adjustment of status is filed with appropriate fees 

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

15 (e) REDUCTION OF IMMIGRANT VISA NUMBER.— 

16 Upon the granting of an immigrant visa or permanent res17 idence to Malachy McAllister, Nicola McAllister, and Sean 

18 Ryan McAllister, the Secretary of State shall instruct the 

19 proper officer to reduce by 3, during the current or next 

20 following fiscal year, the total number of immigrant visas 

21 that are made available to natives of the country of the 

22 aliens’ birth under section 203(a) of the Immigration and 

23 Nationality Act or, if applicable, the total number of immi24 grant visas that are made available to natives of the coun25 try of the aliens’ birth under section 202(e) of such Act. 
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1 (f) DENIAL OF PREFERENTIAL IMMIGRATION TREAT2 MENT FOR CERTAIN RELATIVES.—The natural parents, 

3 brothers, and sisters of Malachy McAllister, Nicola 

4 McAllister, and Sean Ryan McAllister shall not, by virtue 

5 of such relationship, be accorded any right, privilege, or 

6 status under the Immigration and Nationality Act. 

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