I 

108TH CONGRESS 

2D SESSION H. R. 5402 

To provide for immigration relief in the case of certain immigrants who 

are innocent victims of immigration fraud. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2004 

Mr. HONDA (for himself, Mr. MORAN of Virginia, Ms. LEE, Mr. CROWLEY, 

Mr. EVANS, Ms. LINDA T. SA ́NCHEZ of California, Mr. GEORGE MILLER

of California, Ms. BORDALLO, Mr. MEEKS of New York, Mr. LAMPSON, 

Mr. GREEN of Texas, Mr. SCHIFF, Mr. CAPUANO, Mr. GRIJALVA, Ms. 

ESHOO, Ms. SCHAKOWSKY, and Ms. LOFGREN) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide for immigration relief in the case of certain 

immigrants who are innocent victims of immigration fraud. 

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

3 SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS 

4 OF IMMIGRATION FRAUD. 

5 (a) IN GENERAL.— 

6 (1) RELIEF UPON APPROVAL OF APPLICA7 TION.—If an alien, upon application to the Secretary 

8 of Homeland Security, establishes to the satisfaction 
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1 of the Secretary that such alien is an eligible alien 

2 (as defined in subsection (b)) and is, but for the 

3 specified immigration fraud, admissible to the 

4 United States as an immigrant and is not removable 

5 from the United States, the Secretary shall provide 

6 immigration relief for such alien under subsection 

7 (c). 

8 (2) RELIEF PENDING APPROVAL.—In the case 

9 of an eligible alien, the Secretary shall suspend any 

10 pending proceedings providing for revocation of ad11 justment of status, revocation of naturalization, or 

12 removal with respect to such eligible alien in order 

13 to provide such alien with a reasonable opportunity 

14 to apply for immigration relief under this section 

15 and during the pendency of the application for such 

16 relief. 

17 (b) ELIGIBLE ALIEN, SPECIFIED IMMIGRATION

18 FRAUD DEFINED.—For purposes of this section: 

19 (1) ELIGIBLE ALIEN.—The term ‘‘eligible 

20 alien’’ means an alien— 

21 (A) who obtained status as a non22 immigrant on or after January 1, 1980, and 

23 who, at the time of obtaining such status, was 

24 a national of the Republic of Korea; 
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1 (B) who applied, before January 1, 1999, 

2 through one or more immigration brokers for 

3 adjustment of such status to that of the status 

4 of an alien lawfully admitted to the United 

5 States for permanent residence, and who ap6 plied through the Immigration and Naturaliza7 tion office located in San Jose, California; 

8 (C) whose application for adjustment of 

9 status described in subparagraph (B) was ap10 proved as a result of bribery by such immigra11 tion brokers of a supervisor of the Immigration 

12 and Naturalization Service for such office; and 

13 (D) who had no actual knowledge of such 

14 fraud at the time of such adjustment. 

15 (2) TREATMENT OF SPOUSES AND CHIL16 DREN.—Such term includes an alien who obtained 

17 lawful permanent resident status as the spouse or 

18 child of an eligible alien described in paragraph (1). 

19 (3) SPECIFIED IMMIGRATION FRAUD.—The 

20 term ‘‘specified immigration fraud’’ means the brib21 ery described in paragraph (1)(C). 

22 (c) FORM OF IMMIGRATION RELIEF.— 

23 (1) IN GENERAL.—If an application of an eligi24 ble alien under subsection (a) is approved, then— 
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1 (A) the specified immigration fraud shall 

2 not be considered in determining the admissi3 bility or removeability of such alien; and 

4 (B) the Secretary shall provide for the res5 toration of the alien’s status as if the original 

6 adjustment of status described in subsection 

7 (b)(1)(C) had been lawful, in accordance with 

8 the succeeding provisions of this subsection. 

9 (2) RESTORATION OF STATUS TO LAWFUL PER10 MANENT RESIDENT.—In the case of an approved ap11 plication for an alien whose adjustment of status to 

12 lawful permanent resident status was rescinded sole13 ly as a result of the specified immigration fraud, the 

14 Secretary shall vitiate such rescission and shall re15 store the status of such alien to that of an alien law16 fully admitted for permanent residence. Such res17 toration shall be effective as of the date of such re18 scission. 

19 (3) RESTORATION OF NATURALIZATION.—In 

20 the case of an eligible alien who has been naturalized 

21 as a citizen of the United States and whose natu22 ralization was revoked solely as a result of the speci23 fied immigration fraud, the Secretary shall vitiate 

24 such revocation and shall restore such citizenship 
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1 status to such alien. Such restoration shall be effec2 tive as of the date of such revocation. 

3 (4) PAROLE INTO THE UNITED STATES FOR EL4 IGIBLE ALIENS WHO HAVE DEPARTED.—In the case 

5 of an eligible alien who has been removed, or has 

6 voluntarily departed, from the United States in con7 nection with charges relating to specified immigra8 tion fraud, the Secretary shall parole such alien into 

9 the United States for the purpose of filing an appli10 cation for immigration relief under this section. 

11 (d) PROCEDURES AND DEFINITIONS.— 

12 (1) PROCEDURES FOR APPLICATION.—An alien 

13 seeking immigration relief under this section shall 

14 submit to the Secretary an application at such time, 

15 in such manner, and containing such information as 

16 the Secretary shall require. The Secretary shall not 

17 charge such alien a fee in connection with such ap18 plication. 

19 (2) NO REDUCTION IN NUMBER OF IMMIGRANT

20 VISAS AVAILABLE.—The Secretary of State shall not 

21 reduce the number of immigrant visas authorized to 

22 be issued under the Immigration and Nationality 

23 Act (8 U.S.C. 1101 et seq.) if an application of an 

24 eligible alien for immigration relief under this sec25 tion is approved. 
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1 (3) APPLICATION OF OTHER DEFINITIONS.— 

2 For purposes of this section and except as otherwise 

3 specifically provided, the term ‘‘Secretary ’’ means 

4 the Secretary of Homeland Security and the defini5 tions contained in the Immigration and Nationality 

6 Act shall apply in the administration of this section. 

7 Nothing in this section shall be construed to repeal, 

8 amend, alter, modify, affect, or restrict the powers, 

9 duties, functions, or authority of the Secretary in 

10 the administration and enforcement of such Act or 

11 any other law relating to immigration, nationality, or 

12 naturalization. The fact that an alien may be eligible 

13 for immigration relief under this section shall not 

14 preclude such alien from seeking immigration relief 

15 under any other provision of law for which such 

16 alien may be eligible. 

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