I 

117TH CONGRESS 

1ST SESSION H. R. 3493 

To amend the Immigration and Nationality Act to provide for an extension 

of the application period for certain aliens present in the United States 

for adjustment of status. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2021 

Mr. ESPAILLAT (for himself and Mr. VARGAS) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for an extension of the application period for certain 

aliens present in the United States for adjustment of 

status. 

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 the ‘‘Family Reunification 

5 Act of 2021’’. 


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1 SEC. 2. EXTENSION OF THE APPLICATION PERIOD FOR 

2 CERTAIN ALIENS PRESENT IN THE UNITED 

3 STATES FOR ADJUSTMENT OF STATUS. 

4 Section 245(i)(1) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(i)(1)) is amended— 

6 (1) in subparagraph (A), by adding ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (B)— 

9 (A) in clause (i), by striking ‘‘or before 

10 April 30, 2001’’; and 

11 (B) in clause (ii), by striking ‘‘on or before 

12 such date; and’’ and inserting a period; and 

13 (3) by striking subparagraph (C). 

14 SEC. 3. DEPOSIT OF CERTAIN FUNDS. 

15 Section 245(i)(3) of the Immigration and Nationality 

16 Act (8 U.S.C. 1255(i)(3)) is amended by striking 

17 ‘‘Breached Bond/Detention Fund established under sec18 tion 286(r), except that in the case of fees attributable 

19 to applications for a beneficiary with respect to whom a 

20 petition for classification, or an application for labor cer21 tification, described in paragraph (1)(B) was filed after 

22 January 14, 1998, one-half of such remaining portion 

23 shall be deposited by the Attorney General into the’’. 


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1 SEC. 4. LIMITATION ON REMOVAL. 

2 Section 245 of the Immigration and Nationality Act 

3 (8 U.S.C. 1255) is amended by adding at the end the fol4 lowing: 

5 ‘‘(n) An alien who is the beneficiary (including a 

6 spouse or child of the principal alien, if eligible to receive 

7 a visa under section 203(d)) of a petition for classification 

8 under section 204 that was filed with the Secretary of the 

9 Department of Homeland Security and that is prima facie 

10 eligible for approval may not be removed while such peti11 tion or application is being adjudicated or appealed.’’. 

12 SEC. 5. V NONIMMIGRANT VISAS. 

13 (a) NONIMMIGRANT ELIGIBILITY.—Section 

14 101(a)(15)(V) of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(15)(V)) is amended to read as follows: 

16 ‘‘(V) subject to section 214(q)(1), a noncit17 izen who is the beneficiary of an approved peti18 tion under section 203(a) or 245B.’’. 

19 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF

20 NONIMMIGRANTS DESCRIBED IN SECTION

21 101(a)(15)(V).—Section 214(q)(1) of the Immigration 

22 and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to 

23 read as follows: 

24 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION

25 101(a)(15)(V).— 

26 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 


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1 ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 

2 Secretary shall— 

3 ‘‘(i) authorize a nonimmigrant admit4 ted pursuant to section 101(a)(15)(V) to 

5 engage in employment in the United States 

6 during the period of such nonimmigrant’s 

7 authorized admission; and 

8 ‘‘(ii) provide the nonimmigrant with 

9 an ‘employment authorized’ endorsement 

10 or other appropriate document signifying 

11 authorization of employment. 

12 ‘‘(B) TERMINATION OF ADMISSION.—The 

13 period of authorized admission for a non14 immigrant admitted pursuant to section 

15 101(a)(15)(V) shall terminate 30 days after the 

16 date on which— 

17 ‘‘(i) the nonimmigrant’s application 

18 for an immigrant visa pursuant to the ap19 proval of a petition under section 203(a) is 

20 denied; or 

21 ‘‘(ii) the nonimmigrant’s application 

22 for adjustment of status under section 

23 245, 245B, or 245C pursuant to the ap24 proval of such a petition is denied. 

25 ‘‘(C) PUBLIC BENEFITS.— 


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1 ‘‘(i) IN GENERAL.—A noncitizen who 

2 is lawfully present in the United States 

3 pursuant to section 101(a)(15)(V) is not 

4 eligible for any means-tested public bene5 fits (as such term is defined and imple6 mented in section 403 of the Personal Re7 sponsibility and Work Opportunity Rec8 onciliation Act of 1996 (8 U.S.C. 1613)). 

9 ‘‘(ii) HEALTH CARE COVERAGE.—A 

10 noncitizen admitted under section 

11 101(a)(15)(V)— 

12 ‘‘(I) is not entitled to the pre13 mium assistance tax credit authorized 

14 under section 36B of the Internal 

15 Revenue Code of 1986 for his or her 

16 health insurance coverage; 

17 ‘‘(II) shall be subject to the rules 

18 applicable to individuals not lawfully 

19 present that are set forth in sub20 section (e) of such section; 

21 ‘‘(III) shall be subject to the 

22 rules applicable to individuals not law23 fully present set forth in section 

24 1402(e) of the Patient Protection and 


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1 Affordable Care Act (42 U.S.C. 

2 18071(e)); and 

3 ‘‘(IV) shall be subject to the 

4 rules applicable to individuals not law5 fully present set forth in section 

6 5000A(d)(3) of the Internal Revenue 

7 Code of 1986.’’. 

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

9 this section shall take effect on the first day of the first 

10 fiscal year beginning after the date of the enactment of 

11 this Act. 

Æ 


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