I
107TH CONGRESS
1ST SESSION
H. R. 1806
To provide for the adjustment of status of certain nationals of Liberia
to that of lawful permanent residence.
IN THE HOUSE OF REPRESENTATIVES
MAY 10, 2001
Mr. KENNEDY of Rhode Island (for himself, Mr. FRANK, Mr. CUMMINGS, Ms.
MCCOLLUM, Mr. HASTINGS of Florida, Ms. BROWN of Florida, Ms.
JACKSON-LEE of Texas, Mr. CLAY, Mr. BRADY of Pennsylvania, Mr.
MCNULTY, Mr. RANGEL, Mr. DELAHUNT, Mr. BERMAN, Mr. MCGOVERN,
Mr. HILLIARD, Mr. PAYNE, Mr. WYNN, Mr. LANTOS, Mr. CAPUANO, Mr.
MEEKS of New York, Mr. LANGEVIN, and Mr. OWENS) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To provide for the adjustment of status of certain nationals
of Liberia to that of lawful permanent residence.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be referred to as the ‘‘Liberian Refugee
Immigration Fairness Act of 2001’’.
SEC. 2. ADJUSTMENT OF STATUS.
(a) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—
(A) ELIGIBILITY.—The Attorney General
shall adjust the status of an alien described in
subsection (b) to that of an alien lawfully ad-
mitted for permanent residence, if the alien—
(i) applies for adjustment before April
1, 2003; and
(ii) is otherwise eligible to receive an
immigrant visa and is otherwise admissible
to the United States for permanent resi-
dence, except that, in determining such ad-
missibility, the grounds for inadmissibility
specified in paragraphs (4), (5), (6)(A),
and (7)(A) of section 212(a) of the Immi-
gration and Nationality Act shall not
apply.
(B) INELIGIBLE ALIENS.—An alien shall
not be eligible for adjustment of status under
this section if the Attorney General finds that
the alien has been convicted of—
(i) any aggravated felony (as defined
in section 101(a)(43) of the Immigration
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(43)); or
(ii) two or more crimes involving
moral turpitude.
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the
United States under any provision of the Immigra-
tion and Nationality Act may, notwithstanding such
order, apply for adjustment of status under para-
graph (1), if otherwise qualified under that para-
graph. Such an alien may not be required, as a con-
dition on submitting or granting such application, to
file a separate motion to reopen, reconsider, or va-
cate such order. If the Attorney General grants the
application, the Attorney General shall cancel the
order. If the Attorney General makes a final decision
to deny the application, the order shall be effective
and enforceable to the same extent as if the applica-
tion had not been made.
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—
(1) IN
GENERAL.—The benefits provided by
subsection (a) shall apply to any alien—
(A) who is—
(i) a national of Liberia; and
(ii) has been continuously present in
the United States from January 1, 2001,
through the date of application under sub-
section (a); or
(B) who is the spouse, child, or unmarried
son or daughter of an alien described in sub-
paragraph (A).
(2) DETERMINATION
OF
CONTINUOUS
PHYS-
ICAL PRESENCE.—For purposes of establishing the
period of continuous physical presence referred to in
paragraph (1), an alien shall not be considered to
have failed to maintain continuous physical presence
by reasons of an absence, or absences, from the
United States for any period or periods amounting
in the aggregate to not more than 180 days.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien who is subject to
a final order of deportation or removal or exclusion
to seek a stay of such order based on the filing of
an application under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order
an alien to be removed from the United States if
the alien is in exclusion, deportation, or removal pro-
ceedings under any provision of such Act and has
applied for adjustment of status under subsection
(a), except where the Attorney General has made a
final determination to deny the application.
(3) WORK
AUTHORIZATION.—The Attorney
General may authorize an alien who has applied for
adjustment of status under subsection (a) to engage
in employment in the United States during the
pendency of such application and may provide the
alien with an ‘‘employment authorized’’ endorsement
or other appropriate document signifying authoriza-
tion of employment, except that, if such application
is pending for a period exceeding 180 days and has
not been denied, the Attorney General shall author-
ize such employment.
(d) RECORD
OF PERMANENT RESIDENCE.—Upon
approval of an alien’s application for adjustment of status
under subsection (a), the Attorney General shall establish
a record of the alien’s admission for permanent record as
of the date of the alien’s arrival in the United States.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—
The Attorney General shall provide to applicants for ad-
justment of status under subsection (a) 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;
or
(2) aliens subject to removal proceedings under
section 240 of such Act.
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Attorney General as to whether the status
of any alien should be adjusted under this section is final
and shall not be subject to review by any court.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
Whenever an alien is granted the status of having been
lawfully admitted for permanent residence pursuant to
this section, 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 Na-
tionality Act.
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically
provided in this Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in the Act shall
be held to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Attorney
General in the administration and enforcement of such
Act or any other law relating to immigration, nationality,
or naturalization. The fact that an alien may be eligible
to be granted the status of having been lawfully admitted
for permanent residence under this section shall not pre-
clude the alien from seeking such status under any other
provision of law for which the alien may be eligible.
Æ