I
107TH CONGRESS
2D SESSION
H. R. 4649
To adjust the immigration status of certain Haitian nationals.
IN THE HOUSE OF REPRESENTATIVES
MAY 2, 2002
Mr. HASTINGS of Florida introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To adjust the immigration status of certain Haitian
nationals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN
NATIONALS.
(a) ADJUSTMENT OF STATUS.—
(1) IN
GENERAL.—Notwithstanding section
245(c) of the Immigration and Nationality Act, the
status of any alien described in paragraph (2) shall
be adjusted by the Attorney General to that of an
alien lawfully admitted for permanent residence, if
the alien—
(A) applies for such adjustment before
April 1, 2005; and
(B) is otherwise eligible to receive an im-
migrant visa and 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), and (7)(A) of section 212(a) of the
Immigration and Nationality Act shall not
apply.
(2) 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 on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the appli-
cation, the Attorney General shall cancel the order.
If the Attorney General renders a final administra-
tive 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.—The benefits provided by subsection (a) shall apply
to any alien who is a national of Haiti—
(1) who was physically present in the United
States on December 1, 1995; and
(2) has been physically present in the United
States for at least 1 year and is physically present
in the United States on the date the application for
adjustment of status under this subsection is filed,
except 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 in the aggregate not exceeding 180
days.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation, removal, or exclusion to seek a
stay of such order based on the filing of an applica-
tion under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order
any alien to be removed from the United States, if
the alien is in exclusion, deportation, or removal pro-
ceedings under any provision of such Act and raises
as a defense to such an order the eligibility of the
alien to apply for adjustment of status under sub-
section (a), except where the Attorney General has
rendered a final administrative determination to
deny the application.
(3) WORK
AUTHORIZATION.—The Attorney
General 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 signifying authoriza-
tion of employment, except that if such application
is pending for a period exceeding 180 days, and has
not been denied, the Attorney General shall author-
ize such employment.
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND
CHILDREN.—
(1) IN
GENERAL.—Notwithstanding section
245(c) of the Immigration and Nationality Act, the
status of an alien shall be adjusted by the Attorney
General to that of an alien lawfully admitted for per-
manent residence, if—
(A) the alien is the spouse, child, or un-
married son or daughter, of an alien whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted 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 they have
been physically present in the United States for
at least 1 year;
(B) the alien applies for such adjustment
and is physically present in the United States
on the date the application is filed; and
(C) the alien is otherwise eligible to receive
an immigrant visa and is otherwise admissible
to the United States for permanent residence,
except in determining such admissibility the
grounds for exclusion specified in paragraphs
(4), (5), (6)(A), and (7)(A) of section 212(a) of
the Immigration and Nationality Act shall not
apply.
(2) PROOF OF CONTINUOUS PRESENCE.—For
purposes of establishing the period of continuous
physical presence referred to in paragraph (1)(B),
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 in the aggregate not exceeding 180
days.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—
The Attorney General shall provide to applicants for ad-
justment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided
to—
(1) applicants for adjustment of status under
section 245 of the Immigration and Nationality Act;
or
(2) aliens subject to removal proceedings under
section 240 of such Act.
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Attorney General as to whether the status
of any alien should be adjusted under this subsection is
final and shall not be subject to review by any court.
(g) 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.
(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, effect, or re-
strict the powers, duties, functions, or authority of the At-
torney General in the administration and enforcement of
such Act or any other law relating to immigration, nation-
ality, or naturalization. The fact that an alien may be eli-
gible to be granted the status of having been lawfully ad-
mitted for permanent residence under this section shall
not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.
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