I 
113TH CONGRESS 
1ST SESSION 
H. R. 944 
To provide for eligibility for relief from removal for certain Venezuelans. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 4, 2013 
Mr. GARCIA introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for eligibility for relief from removal for certain 
Venezuelans. 
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 cited as the ‘‘Venezuelan Liberty 
Act’’. 
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VEN-
EZUELANS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—The status of any alien de-
scribed in subsection (b) shall be adjusted by the 
Secretary of Homeland Security to that of an alien 
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lawfully admitted for permanent residence, if the 
alien— 
(A) applies for such adjustment before 
April 1, 2014; and 
(B) is otherwise admissible to the United 
States for permanent residence, except in deter-
mining such admissibility the grounds for inad-
missibility specified in paragraphs (4), (5), 
(6)(A), (7)(A), and (9)(B) of section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)) shall not apply. 
(2) RULES
IN
APPLYING
CERTAIN
PROVI-
SIONS.—In the case of an alien described in sub-
section (b) or (d) who is applying for adjustment of 
status under this section— 
(A) the provisions of section 241(a)(5) of 
the Immigration and Nationality Act (8 U.S.C. 
1231(a)(5)) shall not apply; and 
(B) the Secretary of Homeland Security 
may grant the alien a waiver on the grounds of 
inadmissibility under subparagraphs (A) and 
(C) of section 212(a)(9) of such Act (8 U.S.C. 
1182(a)(9)). 
In granting waivers under subparagraph (B), the 
Secretary shall use standards used in granting con-
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sent under subparagraphs (A)(iii) and (C)(ii) of 
such section 212(a)(9). 
(3) 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). Such an alien may not be required, as a 
condition of submitting or granting such application, 
to file a separate motion to reopen, reconsider, or 
vacate such order. If the Secretary of Homeland Se-
curity grants the application, the Attorney General 
shall cancel the order. If the Secretary of Homeland 
Security renders a final administrative decision to 
deny the application, the order shall be effective and 
enforceable to the same extent as if the application 
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 who is a na-
tional of Venezuela and who has been physically 
present in the United States for a continuous period, 
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beginning on a date during the required presence pe-
riod and ending on the date the application for ad-
justment under such subsection is adjudicated, ex-
cept an alien shall not be considered to have failed 
to maintain continuous physical presence by reason 
of an absence, or absences, from the United States 
for any periods not exceeding 180 days. 
(2) PROOF
OF
COMMENCEMENT
OF
CONTIN-
UOUS PRESENCE.—For purposes of establishing that 
the period of continuous physical presence referred 
to in paragraph (1) commenced during the required 
presence period, an alien— 
(A) shall demonstrate that the alien, dur-
ing the required presence period— 
(i) applied to the Secretary of Home-
land Security for asylum; 
(ii) was issued an order to show cause 
under the Immigration and Nationality 
Act; 
(iii) was placed in exclusion, deporta-
tion, or removal proceedings under such 
Act; 
(iv) applied for adjustment of status 
under section 245 of such Act (8 U.S.C. 
1255); 
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(v) applied to the Secretary of Home-
land Security for employment authoriza-
tion; 
(vi) performed service, or engaged in 
a trade or business, within the United 
States which is evidenced by records main-
tained by the Commissioner of Social Secu-
rity; or 
(vii) applied for any other benefit 
under the Immigration and Nationality Act 
by means of an application establishing the 
alien’s presence in the United States dur-
ing the required presence period; or 
(B) shall make such other demonstration 
of physical presence as the Secretary of Home-
land Security may provide for by regulation. 
(c) STAY OF REMOVAL; WORK AUTHORIZATION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of removal 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 
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any alien to be removed from the United States if 
the alien is in removal proceedings under any provi-
sion of such Act and has applied for adjustment of 
status under subsection (a), except where the Sec-
retary of Homeland Security has rendered a final 
administrative determination to deny the application. 
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security 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 signi-
fying authorization of employment, except that if 
such application is pending for a period exceeding 
180 days, and has not been denied, the Secretary of 
Homeland Security shall authorize such employment. 
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND 
CHILDREN.— 
(1) IN GENERAL.—The status of an alien shall 
be adjusted by the Secretary of Homeland Security 
to that of an alien lawfully admitted for permanent 
residence, if— 
(A) the alien is a national of Venezuela; 
(B) the alien— 
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(i) is the spouse, child, or unmarried 
son or daughter of an alien whose status is 
adjusted to that of an alien lawfully admit-
ted for permanent residence under sub-
section (a), except that in the case of such 
an unmarried son or daughter, the son or 
daughter shall be required to establish that 
the son or daughter has been physically 
present in the United States for a contin-
uous period beginning on a date during the 
required presence period and ending on the 
date on which the application for adjust-
ment under this subsection is adjudicated; 
or 
(ii) was, at the time at which an alien 
filed for adjustment under subsection (a), 
the spouse or child of an alien whose sta-
tus is adjusted, or was eligible for adjust-
ment, to that of an alien lawfully admitted 
for permanent residence under subsection 
(a), and the spouse, child, or child of the 
spouse has been battered or subjected to 
extreme cruelty by the alien that filed for 
adjustment under subsection (a); 
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(C) the alien applies for such adjustment 
and is physically present in the United States 
on the date the application is filed; 
(D) the alien is otherwise admissible to the 
United States for permanent residence, except 
in determining such admissibility the grounds 
for inadmissibility specified in paragraphs (4), 
(5), (6)(A), (7)(A), and (9)(B) of section 
212(a) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)) shall not apply; and 
(E) applies for such adjustment before 
April 1, 2014. 
(2) PROOF OF CONTINUOUS PRESENCE.—For 
purposes of establishing the period of continuous 
physical presence referred to in paragraph (1)(B), 
an alien— 
(A) shall demonstrate that such period 
commenced during the required presence period 
in a manner consistent with subsection (b)(2); 
and 
(B) shall not be considered to have failed 
to maintain continuous physical presence by 
reason of an absence, or absences, from the 
United States for any period not exceeding 180 
days. 
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(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide to ap-
plicants for adjustment of status under subsection (a) the 
same right to, and procedures for, administrative review 
as are provided to applicants for adjustment of status 
under section 245 of the Immigration and Nationality Act 
(8 U.S.C. 1255). 
(f) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this 
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Na-
tionality Act. 
(g) DEFINITION.—For purposes of this Act, the term 
‘‘required presence period’’ means the period beginning on 
February 2, 1999, and ending on March 4, 2013. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this section, the definitions contained in the 
Immigration and Nationality Act shall apply in the admin-
istration of this section. Nothing contained in this section 
shall be held to repeal, amend, alter, modify, affect, or 
restrict the powers, duties, functions, or authority of the 
Secretary of Homeland Security in the administration and 
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enforcement of such Act or any other law relating to immi-
gration, 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 preclude the alien from seeking such sta-
tus under any other provision of law for which the alien 
may be eligible. 
Æ 
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