I
107TH CONGRESS
1ST SESSION
H. R. 1713
To amend the Immigration and Nationality Act to restore the scope of
eligibility for adjustment of status under section 245(i) of that Act
to that in effect before November 1997.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2001
Mr. GUTIERREZ (for himself, Mrs. MORELLA, Mr. MENENDEZ, Ms. SOLIS,
Mrs. NAPOLITANO, Mr. LAFALCE, Ms. VELA´ZQUEZ, Mr. RANGEL, Mr.
RODRIGUEZ, Mr. DOOLEY of California, Mr. SERRANO, Ms. SANCHEZ,
Ms. ROYBAL-ALLARD, Mr. BACA, and Mr. REYES) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to restore
the scope of eligibility for adjustment of status under
section 245(i) of that Act to that in effect before Novem-
ber 1997.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REMOVAL OF CERTAIN LIMITATIONS ON ELIGI-
BILITY FOR ADJUSTMENT OF STATUS UNDER
SECTION 245(I).
(a) ELIGIBILITY FOR ADJUSTMENT OF STATUS.—
Section 245(i) of the Immigration and Nationality Act (8
U.S.C. 1255(i)) is amended—
(1) in paragraph (1), by striking ‘‘(i)(1)’’
through ‘‘to that of an alien lawfully admitted for
permanent residence.’’ and inserting the following:
‘‘(i)(1) Notwithstanding the provisions of subsections
(a) and (c) of this section, an alien physically present in
the United States who—
‘‘(A) entered the United States without inspec-
tion; or
‘‘(B) is within one of the classes enumerated in
subsection (c) of this section;
may apply to the Attorney General for the adjustment of
his or her status to that of an alien lawfully admitted for
permanent residence.’’; and
(2) in paragraph (3)(B), by striking ‘‘, except
that’’ through ‘‘286(m)’’.
(b) EFFECTIVE DATES.—
(1) ELIGIBILITY.—The amendment made by
subsection (a)(1) shall be effective as if included in
the enactment of section 111 of the Departments of
Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1998 (Public
Law 105–119; 111 Stat. 2458).
(2) USE OF FUNDS.—The amendment made by
subsection (a)(2) shall be effective as if included in
the enactment of section 1502 of division B of the
Miscellaneous Appropriations Act, 2001, as enacted
into law by section 1(a)(4) of Public Law 106–554.
(c) 
APPLICATION
OF
RELIEF
TO
DEPARTED
ALIENS.—
(1) IN GENERAL.—The Attorney General shall
establish a process under which an alien described in
paragraph (2) may apply (or reapply) for adjust-
ment of status under section 245(i) of the Immigra-
tion and Nationality Act, as amended by subsection
(a). For purposes of determining the eligibility of
such an alien for such adjustment, the departure de-
scribed in paragraph (2) shall be disregarded.
(2) ALIENS DESCRIBED.—An alien described in
this paragraph is an alien who—
(A) was ineligible for adjustment of status
under section 245(i) of the Immigration and
Nationality Act, as in effect before the date of
the enactment of this Act;
(B) departed from the United States after
the date of the enactment of the Departments
of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1998
and before the date of the enactment of this
Act; and
(C) would be eligible for adjustment of sta-
tus to that of alien lawfully admitted for perma-
nent residence as a result of the amendment
made by subsection (a) but for such departure.
Æ