HR 348 IH
General’s consent to reapply for admission without
regard to the requirement that the consent be grant-
ed prior to the date of the alien’s reembarkation at
a place outside the United States or attempt to be
admitted from foreign contiguous territory, in order
to qualify for the exception to those grounds of inad-
missibility set forth in sections 212(a)(9)(A)(iii) and
212(a)(9)(C)(ii) of the Immigration and Nationality
Act.’’.
(3) in subsection (a), by striking redesignated
paragraph (3), and inserting in its place—
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, 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. Such an alien may be required to
seek a stay of such an order in accordance with sub-
section (c) to prevent the execution of that order
pending the adjudication of the application for ad-
HR 348 IH
justment of status. If the Attorney General denies a
stay of a final order of exclusion, deportation, or re-
moval, or if the Attorney General renders a final ad-
ministrative determination to deny the application
for adjustment of status, the order shall be effective
and enforceable to the same extent as if the applica-
tion had not been made. If the Attorney General
grants the application for adjustment of status, the
Attorney General shall cancel the order.’’.
(4) in paragraph (b)(1), by adding at the end
the following—‘‘However, subsection (a) shall not
apply to an alien lawfully admitted for permanent
residence, unless he or she is applying for such relief
in deportation or removal proceedings.’’.
(5) in paragraph (c)(1), by adding at the end
the following—‘‘Nothing in this Act shall require the
Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this
Act.’’.
(6) in subsection (d)—
(A) by revising the subsection heading to
read ‘‘SPOUSES, CHILDREN, AND UNMARRIED
SONS AND DAUGHTERS.—’’;
(B) in paragraph (1), by revising the head-
ing to read ‘‘ADJUSTMENT OF STATUS.—’’;
HR 348 IH
(C) by striking subparagraph (1)(A), and
replacing it with the following—
‘‘(A) the alien entered the United States
on or before the date of enactment of the Cen-
tral American and Haitian Adjustment Act of
1999;’’;
(D) in subparagraph (1)(B), by inserting
the following after ‘‘except that’’—‘‘: (1) in the
case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying mar-
riage was entered into before the date of enact-
ment of the Central American and Haitian Ad-
justment Act of 1999; and (ii)’’; and
(E) by creating a new paragraph (3) to
read as follows—
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
‘‘(A) In accordance with regulations to be
promulgated by the Attorney General and the
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
HR 348 IH
United States as an immigrant following to join
the principal applicant, provided that the
spouse or child:
‘‘(i) meets the requirements in sub-
paragraphs (1)(B) and (D); and
‘‘(ii) applies for such a visa within a
time period to be established by regulation.
‘‘(B) The Secretary of State may retain
fees to recover the cost of immigrant visa appli-
cation processing and issuance for certain
spouses and children of aliens whose applica-
tions for adjustment of status under subsection
(a) have been approved, provided that such
fees:
‘‘(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
‘‘(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following—‘‘or an immi-
grant classification’’; and
HR 348 IH
(8) by adding at the end the following
subsection—
‘‘(i) ADMISSIONS.—Nothing in this
section shall be construed as authorizing
an alien to apply for admission to, be ad-
mitted to, be paroled into, or otherwise
lawfully return to the United States, to
apply for or to pursue an application for
adjustment of status under this section
without the express authorization of the
Attorney General.’’.
(b) EFFECTIVE DATE.—The amendments made by
sections 5(a)(3), 5(a)(4), and 5(a)(8) of this Act shall be
effective as if included in the enactment of the Nicaraguan
and Central American Relief Act. The amendments made
by sections 5(a)(1), 5(a)(2), 5(a)(5), 5(a)(6), and 5(a)(7)
shall be effective as of the date of enactment of this Act.
SEC. 6. TECHNICAL AMENDMENTS TO THE HAITIAN IMMI-
GRATION FAIRNESS ACT OF 1998.
(a) Section 902 of the Haitian Refugee Immigration
Fairness Act of 1998 is amended—
(1) in subparagraph (a)(1)(B), by adding after
the word ‘‘apply’’—‘‘and the Attorney General may,
in her unreviewable discretion, waive the grounds of
inadmissibility specified in clause 212(a)(1)(A)(i)
HR 348 IH
and paragraph 212(a)(6)(C) of the Immigration and
Nationality Act for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the pub-
lic interest’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3), and adding the fol-
lowing as paragraph (2)—
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsections (b) or (d) for either adjust-
ment of status under this section or other relief nec-
essary to establish eligibility for such adjustment, or
for permission to reapply for admission to the
United States for the purpose of adjustment of sta-
tus under this section, the provisions of section
241(a)(5) of the Immigration and Nationality Act
shall not apply. In addition, an alien who would oth-
erwise 
be 
inadmissible 
pursuant 
to 
sections
212(a)(9) (A) or (C) of the Immigration and Na-
tionality Act may apply for the Attorney General’s
consent to reapply for admission without regard to
the requirement that the consent be granted prior to
the date of the alien’s reembarkation at a place out-
side the United States or attempt to be admitted
from foreign contiguous territory, in order to qualify
HR 348 IH
for the exception to those grounds of inadmissibility
set 
forth 
in 
sections 
212(a)(9)(A)(iii) 
and
212(a)(9)(C)(ii) of the Immigration and Nationality
Act.’’.
(3) in subsection (a), by striking redesignated
paragraph (3), and inserting in its place—
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United
States who has been ordered excluded, deported, or
removed, 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. Such an alien may be required to
seek a stay of such an order in accordance with sub-
section (c) to prevent the execution of that order
pending the adjudication of the application for ad-
justment of status. If the Attorney General denies a
stay of a final order of exclusion, deportation, or re-
moval, or if the Attorney General renders a final ad-
ministrative determination to deny the application
for adjustment of status, the order shall be effective
HR 348 IH
and enforceable to the same extent as if the applica-
tion had not been made. If the Attorney General
grants the application for adjustment of status, the
Attorney General shall cancel the order.’’.
(4) in paragraph (b)(1), by adding at the end
the following—‘‘However, subsection (a) shall not
apply to an alien lawfully admitted for permanent
residence, unless he or she is applying for such relief
in deportation or removal proceedings.’’.
(5) in paragraph (c)(1), by adding at the end
the following—‘‘Nothing in this Act shall require the
Attorney General to stay the removal of an alien
who is ineligible for adjustment of status under this
Act.’’.
(6) in subsection (d)—
(A) by revising the subsection heading to
read ‘‘SPOUSES, CHILDREN, AND UNMARRIED
SONS AND DAUGHTERS.—’’;
(B) in paragraph (1), by revising the head-
ing to read ‘‘ADJUSTMENT OF STATUS.—’’;
(C) by striking subparagraph (1)(A), and
replacing it with the following—
‘‘(A) the alien entered the United States
on or before the date of enactment of the Cen-
HR 348 IH
tral American and Haitian Adjustment Act of
1999;’’;
(D) in subparagraph (1)(B), by inserting
the following after ‘‘except that’’—‘‘: (i) in the
case of such a spouse, stepchild, or unmarried
stepson or stepdaughter, the qualifying mar-
riage was entered into before the date of enact-
ment of the Central American and Haitian Ad-
justment Act of 1999; and (ii)’’;
(E) in paragraph (1), by creating a new
subparagraph (E) as follows—
‘‘(E) the alien applies for such adjustment
before April 3, 2003.’’; and
(F) by creating a new paragraph (3) to
read as follows—
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
‘‘(A) In accordance with regulations to be
promulgated by the Attorney General and the
Secretary of State, upon approval of an applica-
tion for adjustment of status to that of an alien
lawfully admitted for permanent residence
under subsection (a), an alien who is the spouse
or child of the alien being granted such status
may be issued a visa for admission to the
HR 348 IH
United States as an immigrant following to join
the principal applicant, provided that the
spouse or child:
‘‘(i) meets the requirements in sub-
paragraphs (1) (B) and (D); and
‘‘(ii) applies for such a visa within a
time period to be established by regulation.
‘‘(B) The Secretary of State may retain
fees to recover the cost of immigrant visa appli-
cation processing and issuance for certain
spouses and children of aliens whose applica-
tions for adjustment of status under subsection
(a) have been approved, provided that such
fees:
‘‘(i) shall be deposited as an offsetting
collection to any Department of State ap-
propriation to recover the cost of such
processing and issuance; and
‘‘(ii) shall be available until expended
for the same purposes of such appropria-
tion to support consular activities.’’;
(7) in subsection (g), by inserting after ‘‘for
permanent residence’’ the following—‘‘or an immi-
grant classification’’; and
HR 348 IH
(8) by redesignating subsections (i), (j), and (k)
as (j), (k), and (l) respectively, and adding as sub-
section (i) the following—
‘‘(i) ADMISSIONS.—Nothing in this
section shall be construed as authorizing
an alien to apply for admission to, be ad-
mitted to, be paroled into, or otherwise
lawfully return to the United States, to
apply for or to pursue an application for
adjustment of status under this section
without the express authorization of the
Attorney General.’’.
(b) EFFECTIVE DATE.—The amendments made by
sections 6(a)(3), 6(a)(4), and 6(a)(8) of this Act shall be
effective as if included in the enactment of the Haitian
Refugee Immigration Fairness Act of 1998. The amend-
ments made by sections 6(a)(1), 6(a)(2), 6(a)(5), 6(a)(6),
and 6(a)(7) shall be effective as of the date of enactment
of this Act.
SEC. 7. MOTIONS TO REOPEN.
(a) Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Haiti
who, on the date of enactment of this Act, has a final
administrative denial of an application for adjustment of
status under the Haitian Refugee Immigration Fairness
HR 348 IH
Act of 1988, and is made eligible for adjustment of status
under that Act by the amendments made by this Act, may
file one motion to reopen exclusion, deportation, or re-
moval proceedings to have the application considered
again. All such motions shall be filed within 180 days of
the date of enactment of this Act. The scope of any pro-
ceeding reopened on this basis shall be limited to a deter-
mination of the alien’s eligibility for adjustment of status
under the Haitian Refugee Immigration Fairness Act of
1988.
(b) Notwithstanding any time and number limitations
imposed by law on motions to reopen, a national of Cuba
or Nicaragua who, on the date of enactment of the Act,
has a final administrative denial of an application for ad-
justment of status under the Nicaraguan Adjustment and
Central American Relief Act, and who is made eligible for
adjustment of status under that Act by the amendments
made by this Act, may file one motion to reopen exclusion,
deportation, or removal proceedings to have the applica-
tion considered again. All such motions shall be filed with-
in 180 days of the date of enactment of this Act. The
scope of any proceeding reopened on this basis shall be
limited to a determination of the alien’s eligibility for ad-