Venezuelan Adjustment Act

To authorize the Secretary of Homeland Security to adjust the status of certain aliens who are nationals of Venezuela to that of aliens lawfully admitted for permanent residence, and for other purposes. 1. Short title This Act may be cited as the Venezuelan Adjustment Act 2. Venezuelan refugee immigration fairness (a) Definitions In this section: (1) In general Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given the term in the immigration laws. (2) Immigration laws The term immigration laws 8 U.S.C. 1101(a)(17) (3) Secretary The term Secretary (b) Adjustment of status (1) In general Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien— (A) applies for adjustment not later than 3 years after the date of the enactment of this Act; (B) is otherwise eligible to receive an immigrant visa; and (C) subject to paragraph (2), is admissible to the United States for permanent residence. (2) Applicability of grounds of inadmissibility In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) (3) Exceptions An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien— (A) has been convicted of any aggravated felony; (B) has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or (C) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (4) Relationship of application to certain orders (A) In general An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Separate motion not required An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A). (C) Effect of decision by secretary (i) Grant If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject. (ii) Denial If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made. (c) Aliens eligible for adjustment of status (1) In general The benefits provided under subsection (b) shall apply to any alien who— (A) (i) is a national of Venezuela; (ii) entered the United States before or on December 31, 2021; and (iii) has been continuously physically present in the United States for not less than 1 year as of the date on which the alien submits an application under such subsection (b); or (B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the United States for one or more periods amounting, in the aggregate, to not more than 180 days. (d) Stay of removal (1) In general The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b). (2) During certain proceedings (A) In general Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (i) is in exclusion, deportation, or removal proceedings under any provision of such Act; and (ii) has submitted an application for adjustment of status under subsection (b). (B) Exception The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien. (3) Work authorization (A) In general The Secretary may— (i) authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and (ii) provide such alien with an employment authorized (B) Pending applications If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien. (e) Record of permanent residence On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States. (f) Availability of administrative review The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to— (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (2) aliens subject to removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a (g) Limitation on judicial review (1) In general A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (2) Rule of construction Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5, United States Code, with respect to a denial of adjustment of status under this section. (h) No offset in number of visas available The Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (i) Application of immigration and nationality act provisions (1) Savings provision Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (2) Effect of eligibility for adjustment of status The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.

Summary: Venezuelan Adjustment Act This bill requires the Department of Homeland Security (DHS) to grant lawful permanent resident status to qualifying nationals of Venezuela. A national of Venezuela shall be eligible if that individual (1) applies for lawful permanent resident status no later than three years after this bill's enactment, (2) entered the United States on or before December 31, 2021, (3) has been continuously physically present in the United States for at least one year when filing their application, (4) is otherwise eligible to receive an immigrant visa, and (5) is not inadmissible under various grounds such as a conviction for an aggravated felony. Certain grounds for inadmissibility, such as the public charge ground, shall not apply. The spouse, child, or unmarried son or daughter of an eligible individual shall also be eligible. If an individual has applied for lawful permanent resident status under this bill and is subject to exclusion, deportation, or removal proceedings, DHS may not order that individual's removal unless DHS has made a final determination to deny the application. DHS must provide work authorization to an individual whose application has been pending for more than 180 days, and may also provide authorization before that.