for adjustment of status under subsection (a) or (g)
except in accordance with this subsection.
‘‘(2) NO REVIEW FOR LATE FILINGS.—No de-
nial of adjustment of status under subsection (a) or
(g) based on a late filing of an application for such
adjustment may be reviewed by a court of the
United States or of any State or reviewed in any ad-
ministrative proceeding of the United States Govern-
ment.
‘‘(3) ADMINISTRATIVE REVIEW.—
‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE
APPELLATE
REVIEW.—The Attorney General
shall establish an appellate authority to provide
for a single level of administrative appellate re-
view of a determination described in paragraph
(1).
‘‘(B) STANDARD FOR REVIEW.—Such ad-
ministrative appellate review shall be based
solely upon the administrative record estab-
lished at the time of the determination on the
application and upon such additional or newly
discovered evidence as may not have been avail-
able at the time of the determination.
‘‘(4) JUDICIAL REVIEW.—
‘‘(A) LIMITATION TO REVIEW OF DEPOR-
TATION.—There shall be judicial review of such
a denial only in the judicial review of an order
of removal under section 242.
‘‘(B) STANDARD FOR JUDICIAL REVIEW.—
Such judicial review shall be based solely upon
the administrative record established at the
time of the review by the appellate authority
and the findings of fact and determinations
contained in such record shall be conclusive un-
less the applicant can establish abuse of discre-
tion or that the findings are directly contrary to
clear and convincing facts contained in the
record considered as a whole.
‘‘(C) JURISDICTION OF COURTS.—Notwith-
standing any other provision of law, no court
shall have jurisdiction of any cause of action or
claim by or on behalf of any person asserting
an interest under this section unless such per-
son in fact filed an application under this sec-
tion within the period specified by subsection
(a)(2) attempted to file a complete application
and application fee with an authorized legaliza-
tion officer of the Service but had the applica-
tion and fee refused by that officer.
‘‘(f) IMPLEMENTATION OF SECTION.—
‘‘(1) REGULATIONS.—The Attorney General,
after consultation with the Committees on the Judi-
ciary of the House of Representatives and of the
Senate, shall prescribe—
‘‘(A) regulations establishing a definition
of the term ‘continuous residence’, as used in
this section, and the evidence needed to estab-
lish that an alien has resided continuously in
the United States for purposes of this section;
and
‘‘(B) such other regulations as may be nec-
essary to carry out this section.
‘‘(2) CONSIDERATIONS.—In prescribing regula-
tions described in paragraph (1)(A)—
‘‘(A) PERIODS
OF
CONTINUOUS
RESI-
DENCE.—The Attorney General shall specify in-
dividual periods, and aggregate periods, of ab-
sence from the United States which will be con-
sidered to break a period of continuous resi-
dence in the United States and shall take into
account absences due merely to brief and casual
trips abroad.
‘‘(B) ABSENCES CAUSED BY REMOVAL OR
ADVANCED
PAROLE.—The Attorney General
shall provide that—
‘‘(i) an alien shall not be considered to
have resided continuously in the United
States, if, during any period for which con-
tinuous residence is required, the alien was
outside the United States as a result of a
departure under an order of removal or de-
portation; and
‘‘(ii) any period of time during which
an alien is outside the United States pur-
suant to the advance parole procedures of
the Service shall not be considered as part
of the period of time during which an alien
is outside the United States for purposes
of this section.
‘‘(C) WAIVERS OF CERTAIN ABSENCES.—
The Attorney General shall provide for a waiv-
er, in the discretion of the Attorney General, of
the periods specified under subparagraph (A) in
the case of an absence from the United States
due merely to a brief temporary trip abroad re-
quired by emergency or extenuating cir-
cumstances outside the control of the alien.
‘‘(D) USE
OF
CERTAIN
DOCUMENTA-
TION.—The Attorney General shall require
that—
‘‘(i) continuous residence and physical
presence in the United States must be es-
tablished through documents, together with
independent corroboration of the informa-
tion contained in such documents; and
‘‘(ii) the documents provided under
clause (i) be employment-related if employ-
ment-related documents with respect to the
alien are available to the applicant.
‘‘(3) INTERIM
FINAL
REGULATIONS.—Regula-
tions prescribed under this section may be pre-
scribed to take effect on an interim final basis if the
Attorney General determines that this is necessary
in order to implement this section in a timely man-
ner.
‘‘(g) ADJUSTMENT OF STATUS FOR SPOUSES AND
CHILDREN.—
‘‘(1) IN GENERAL.—The status of an alien shall
be adjusted by the Attorney General to that of an
alien lawfully admitted for permanent residence con-
currently with the adjustment of the principal alien,
if—