I 
110TH CONGRESS 
1ST SESSION H. R. 1397 
To provide for immigration relief in the case of certain immigrants who 
are innocent victims of immigration fraud. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 8, 2007 
Mr. HONDA introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for immigration relief in the case of certain 
immigrants who are innocent victims of immigration fraud. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS 
OF IMMIGRATION FRAUD. 
(a) IN GENERAL.— 
(1) RELIEF
UPON
APPROVAL
OF
APPLICA-
TION.—If an alien, upon application to an appro-
priate immigration official, establishes to the satis-
faction of such official that such alien is an eligible 
alien (as defined in subsection (b)) and is, but for 
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the specified immigration fraud, admissible to the 
United States as an immigrant and is not removable 
from the United States, such official shall provide 
immigration relief for such alien under subsection 
(c). 
(2) RELIEF PENDING APPROVAL.—In the case 
of an eligible alien, any pending proceedings pro-
viding for revocation of adjustment of status, revoca-
tion of naturalization, or removal with respect to 
such eligible alien shall be suspended in order to 
provide such alien with a reasonable opportunity to 
apply for immigration relief under this section and 
during the pendency of the application for such re-
lief. 
(3) APPROPRIATE
IMMIGRATION
OFFICIAL.— 
For purposes of this section, the term ‘‘appropriate 
immigration official’’ means, in the case of an alien 
in removal proceedings, the immigration judge who 
is presiding over such proceedings, or otherwise the 
Secretary of Homeland Security. 
(b) ELIGIBLE
ALIEN, SPECIFIED
IMMIGRATION 
FRAUD DEFINED.—For purposes of this section: 
(1) ELIGIBLE ALIEN.— 
(A) IN
GENERAL.—The term ‘‘eligible 
alien’’ means an alien— 
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(i) who obtained status as a non-
immigrant on or after January 1, 1980, 
and who, at the time of obtaining such sta-
tus, was a national of the Republic of 
Korea; 
(ii) who applied, before January 1, 
1999, through one or more immigration 
brokers for adjustment of such status to 
that of the status of an alien lawfully ad-
mitted to the United States for permanent 
residence, and who applied through the 
Immigration and Naturalization office lo-
cated in San Jose, California; 
(iii) whose application for adjustment 
of status described in clause (ii) was ap-
proved as a result of bribery by such immi-
gration brokers of a supervisor of the Im-
migration and Naturalization Service for 
such office; and 
(iv) who had no actual knowledge of 
the specified immigration fraud at the time 
of such adjustment. 
(B) TREATMENT OF SPOUSES AND CHIL-
DREN.—Such term includes an alien who ob-
tained lawful permanent resident status as the 
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spouse or child of an eligible alien described in 
paragraph (1). 
(2) SPECIFIED
IMMIGRATION
FRAUD.—The 
term ‘‘specified immigration fraud’’ means the brib-
ery described in paragraph (1)(A)(iii). 
(c) FORM OF IMMIGRATION RELIEF.— 
(1) IN GENERAL.—If an application of an eligi-
ble alien under subsection (a) is approved, then— 
(A) the specified immigration fraud shall 
not be considered in determining the admissi-
bility or removeability of such alien; and 
(B) the alien’s status shall be restored as 
if the original adjustment of status described in 
subsection (b)(1)(C) had been lawful, in accord-
ance with the succeeding provisions of this sub-
section. 
(2) RESTORATION OF STATUS TO LAWFUL PER-
MANENT RESIDENT; CANCELLATION OF ORDER OF 
REMOVAL.—In the case of an approved application 
for an alien whose adjustment of status to lawful 
permanent resident status was rescinded or who was 
ordered removed solely as a result of the specified 
immigration fraud, such rescission shall be vitiated 
or such order shall be cancelled and the status of 
such alien shall be restored to that of an alien law-
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fully admitted for permanent residence. Such res-
toration or cancellation shall be effective as of the 
date of such rescission or order of removal. 
(3) RESTORATION
OF
NATURALIZATION.—In 
the case of an eligible alien who has been naturalized 
as a citizen of the United States and whose natu-
ralization was revoked solely as a result of the speci-
fied immigration fraud, such revocation shall be viti-
ated and such alien’s citizenship status shall be re-
stored. Such restoration shall be effective as of the 
date of such revocation. 
(4) TRAVEL TO AND PAROLE INTO THE UNITED 
STATES
FOR
ELIGIBLE
ALIENS
WHO
HAVE
DE-
PARTED.—In the case of an eligible alien who has 
been removed, or has voluntarily departed, from the 
United States in connection with charges relating to 
specified immigration fraud, the Secretary shall pa-
role such alien into the United States for the pur-
pose of filing an application for immigration relief 
under this section. The Secretary of State shall pro-
vide such alien with appropriate travel documents in 
order to travel to the United States for such parole. 
(d) PROCEDURES AND DEFINITIONS.— 
(1) PROCEDURES FOR APPLICATION.—An alien 
seeking immigration relief under this section shall 
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submit an application at such time (consistent with 
paragraph (3)), in such manner, and containing 
such information as the Secretary shall require. No 
fee shall be charged in connection with such applica-
tion. 
(2) BURDEN OF PROOF.—For purposes of sub-
section (b)(1)(A)(iv), the alien shall be presumed not 
to have actual knowledge of the specified immigra-
tion fraud and the Secretary shall have the burden 
of proving such knowledge. 
(3) DEADLINE FOR APPLICATION.—An applica-
tion under paragraph (1) shall be submitted not 
later than the date that is five years after the date 
of the enactment of this Act, except that the Sec-
retary may extend such deadline for an additional 
period not to exceed five years. 
(4) NO REDUCTION IN NUMBER OF IMMIGRANT 
VISAS AVAILABLE.—The Secretary of State shall not 
reduce the number of immigrant visas authorized to 
be issued under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) if an application of an 
eligible alien for immigration relief under this sec-
tion is approved. 
(5) APPLICATION
OF
OTHER
DEFINITIONS.— 
For purposes of this section and except as otherwise 
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specifically provided, the term ‘‘Secretary’’ means 
the Secretary of Homeland Security and the defini-
tions contained in the Immigration and Nationality 
Act shall apply in the administration of this section. 
Nothing in this section shall be construed to repeal, 
amend, alter, modify, affect, or restrict the powers, 
duties, functions, or authority of the Secretary 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 
for immigration relief under this section shall not 
preclude such alien from seeking immigration relief 
under any other provision of law for which such 
alien may be eligible. 
Æ 
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