104 
(b) MOTIONS TO REOPEN.—The Secretary of Home-
land Security shall establish procedures for the reopening 
and reconsideration of applications for adjustment of sta-
tus under the Haitian Refugee Immigration Fairness Act 
of 1998 that are affected by the amendments under sec-
tion 804 of this Act. 
(c) RELATIONSHIP OF APPLICATION TO CERTAIN OR-
DERS.—Section 902(a)(3) of the Haitian and Immigrant 
Fairness Act of 1998 shall apply to an alien present in 
the United States who has been ordered excluded, de-
ported, removed, or ordered to depart voluntarily, and who 
files an application under subsection (a), or a motion 
under subsection (b), in the same manner as such section 
902(a)(3) applied to aliens filing applications for adjust-
ment of status under such Act before April 1, 2000. 
SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAI-
TIANS. 
It is the sense of the Congress that the Secretary of 
Homeland Security should be more liberal with respect to 
Haiti in deciding whether to designate that country for 
temporary protected status under section 244(b)(1)(A) of 
the 
Immigration 
and 
Nationality 
(8 
U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this 
decision has sometimes been made without due regard to 
the serious threat to personal safety that results from 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
105 
sending Haitians back to Haiti during a period of ongoing 
armed conflict in that country. 
TITLE XII—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF REFUGEES. 
Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended 
by adding at the end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of a refugee to be a child of the refugee for 
purposes of this paragraph.’’. 
SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF ASYLEES. 
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 
by adding at the end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of an alien who is granted asylum under 
this subsection to be a child of the alien for 
purposes of this paragraph.’’. 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
106 
SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed— 
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D),’’ and 
inserting ‘‘(C),’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘subparagraphs (B) and 
(C),’’ and inserting ‘‘subparagraph (B),’’; 
(B) by striking ‘‘either’’; and 
(C) by striking ‘‘asylum or extraordinary’’ 
and all that follows through the period at the 
end and inserting ‘‘asylum.’’; and 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 1204. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
(8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: 
‘‘(C) For purposes of determinations under 
this Act, a person who establishes that he or 
she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of 
gender shall be considered to have suffered per-
secution, or to have a well-founded fear of per-
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
107 
secution, on account of membership in a par-
ticular social group.’’. 
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE 
ALIEN WOULD BE THREATENED.—Section 241(b)(3) of 
such Act (8 U.S.C. 1231(b)(3)) is amended by adding at 
the end the following: 
‘‘(C) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom 
would be threatened in that country on account 
of membership in a particular social group.’’. 
TITLE XIII—TEMPORARY 
PROTECTED STATUS 
SEC. 1301. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI-
ENTS OF TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 245 (8 U.S.C. 1255) is 
amended by adding at the end the following: 
‘‘(n)(1) If, in the opinion of the Secretary of the 
Homeland Security Department, a person granted tem-
porary protected status under section 244— 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
108 
‘‘(A) has been physically present in the United 
States in that status for a continuous period of at 
least 5 years; 
‘‘(B) has at all times been a person of good 
moral character; 
‘‘(C) has never been convicted of a criminal of-
fense in the United States; 
‘‘(D) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(E) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(F) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service; 
the Secretary may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence. 
‘‘(2) An alien shall not be considered to have failed 
to maintain a continuous presence in the United States 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
109 
for purposes of subsection (a)(1) by virtue of brief, casual, 
and innocent absences from the United States. 
‘‘(3)(A) The alien shall establish that the alien is ad-
missible to the United States as immigrant, except as oth-
erwise provided in paragraph (2). 
‘‘(B) The provisions of paragraphs (5), (6)(A), 
(6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
(9)(C)(i)(I) of section 212(a) shall not apply in the deter-
mination of an alien’s admissibility under this section. 
‘‘(4) When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision 
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
‘‘(5) The Secretary of Homeland Security may termi-
nate removal proceedings without prejudice pending the 
outcome of an alien’s application for adjustment of status 
under this section on the basis of a prima facie showing 
of eligibility for relief under this section.’’. 
(b) LIMITATION ON CONSIDERATION IN THE SENATE 
OF LEGISLATION ADJUSTING STATUS.—Section 244 (8 
U.S.C. 1254a) is amended by striking subsection (h) and 
redesignating subsection (i) as subsection (h). 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
110 
SEC. 1302. FOREIGN STATE DESIGNATIONS. 
Section 244(b)(1)(C) (8 U.S.C. 1254a(b)(1)(C)) is 
amended to change the following phrase ‘‘the Attorney 
General finds that there exist extraordinary and tem-
porary conditions in the foreign state that prevent aliens 
who are nationals of the state from returning to the state 
in safety,’’ so that it reads as follows: ‘‘the Secretary of 
Homeland Security finds that extraordinary and tem-
porary conditions in the foreign state make returning 
aliens to the state undesirable for humanitarian reasons,’’. 
TITLE XIV—MISCELLANEOUS 
PROVISIONS 
SEC. 1401. NATURALIZATION PROVISIONS. 
(a) PHYSICAL PRESENCE REQUIREMENT.—Section 
316(a) (8 U.S.C. 1427) is amended by adding at the end 
the following: 
‘‘(g) 
When 
warranted 
by 
extraordinary 
cir-
cumstances, the Secretary of Homeland Security may re-
duce, by not more than 90 days, the physical presence re-
quirement described in the preceding sentence.’’. 
(b) ABSENCES FROM THE UNITED STATES.—Section 
316(b) (8 U.S.C. 1427(b)) is amended— 
(1) in the first sentence, by striking ‘‘one year’’ 
and inserting ‘‘18 months’’; and 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
111 
(2) in the second sentence, by striking ‘‘contin-
uous period of one year’’ and inserting ‘‘continuous 
period of 18 months’’. 
SEC. 
1402. 
PREVENTING 
INAPPROPRIATE 
STATE 
AND 
LOCAL GOVERNMENT INVOLVEMENT IN THE 
ENFORCEMENT OF CIVIL IMMIGRATION PRO-
VISIONS UNDER THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) ELIMINATION OF BAN ON STATE AND LOCAL 
GOVERNMENTS FROM PREVENTING COMMUNICATIONS 
WITH THE DEPARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1373) is repealed. 
(2) VERIFICATION OF ELIGIBILITY FOR FED-
ERAL PUBLIC BENEFITS.—Section 432 of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1642) is repealed. 
(b) ELIMINATION OF AUTHORITY TO PERMIT STATE 
PERSONNEL TO CARRY OUT IMMIGRATION OFFICER 
FUNCTIONS.—Section 287(g) (8 U.S.C. 1357(g)) is re-
pealed. 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
112 
SEC. 1403. NONIMMIGRANT CATEGORY FOR FASHION MOD-
ELS. 
(a) ELIMINATION
OF H–1B CLASSIFICATION
FOR 
FASHION MODELS.—Section 101(a)(15)(H)(i)(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) is amended— 
(1) by striking ‘‘or as a fashion model’’; and 
(2) by striking ‘‘or, in the case of a fashion 
model, is of distinguished merit and ability’’. 
(b) NEW CLASSIFICATION.—Section 101(a)(15)(O) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(O)) is amended— 
(1) in clause (iii), by striking ‘‘clause (i) or (ii)’’ 
and inserting ‘‘clause (i), (ii), or (iii)’’ and by redes-
ignating clause (iii) as clause (iv); and 
(2) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) is a fashion model who is of distin-
guished merit and ability and who is seeking to 
enter the United States temporarily to perform 
fashion modeling services that involve events or 
productions which have a distinguished reputa-
tion or that are performed for an organization 
or establishment that has a distinguished rep-
utation for, or a record of, utilizing prominent 
modeling talent; or’’. 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
113 
(c) EFFECTIVE DATE AND IMPLEMENTATION.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date of the en-
actment of this Act. 
(2) REGULATIONS, GUIDELINES, AND
PRECE-
DENTS.—The regulations, guidelines, and precedents 
in effect on the date of the enactment of this Act for 
the adjudication of petitions for fashion models 
under section 101(a)(15)(H)(i)(b) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(i)(b)) shall be applied to petitions 
for fashion model under section 101(a)(15)(O)(iii) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(O)(iii)), as added by this section, except 
that the duration of status approvals shall be based 
on regulations applicable to other occupations under 
section 101(a)(15)(O) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(O)). 
(3) CONSTRUCTION.—Nothing in this section, 
or the amendments made by this section, shall be 
construed as preventing an alien who is a fashion 
model from obtaining nonimmigrant status under 
section 101(a)(15)(O)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such 
alien is otherwise qualified for such status. 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS
114 
(4) TREATMENT OF PENDING PETITIONS.—Pe-
titions filed on behalf of fashion models under sec-
tion 101(a)(15)(H)(i)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) 
that are pending on the date of the enactment of 
this Act shall be treated as if they had been filed 
under section 101(a)(15)(O)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), 
as added by this section. 
(5) VISA VALIDITY PERIOD.—The validity pe-
riod for visas issued to beneficiaries of petitions filed 
under section 101(a)(15)(O)(iii) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)) 
shall be for the full period of approval notwith-
standing the reciprocity validity periods that would 
otherwise be applicable. 
Æ 
VerDate Nov 24 2008 
00:50 Jan 11, 2009
Jkt 079200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6301
E:\BILLS\H264.IH
H264
wwoods2 on PRODPC68 with BILLS