I
107TH CONGRESS
1ST SESSION
H. R. 1726
To provide for adjustment of immigration status for certain aliens granted
temporary protected status in the United States because of conditions
in Montserrat.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2001
Mr. OWENS introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To provide for adjustment of immigration status for certain
aliens granted temporary protected status in the United
States because of conditions in Montserrat.
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 FOR CERTAIN NA-
TIONALS OF MONTSERRAT.
(a) IN GENERAL.—The status of any alien described
in subsection (c) shall be adjusted by the Attorney General
to that of an alien lawfully admitted for permanent resi-
dence, if the alien—
(1) applies for such adjustment within 1 year
after the date of enactment of this Act; and
(2) is determined to be admissible to the United
States for permanent residence.
(b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI-
CABLE.—For purposes of determining admissibility under
subsection (a)(2), 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.
(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—An alien shall be eligible for adjustment of status
under subsection (a) only if the alien—
(1) is a national of Montserrat; and
(2) was granted temporary protected status in
the United States by the Attorney General pursuant
to the designation of Montserrat under section
244A(b)(1) of the Immigration and Nationality Act
on August 28, 1997.
SEC. 2. EFFECT OF APPLICATION ON CERTAIN ORDERS.
An alien present in the United States who has been
ordered excluded, deported, or removed, or ordered to de-
part voluntarily, from the United States through an order
of removal issued under the Immigration and Nationality
Act may, notwithstanding such order of removal, apply for
adjustment of status under section 1. Such an alien shall
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Attorney Gen-
eral approves the application, the Attorney General shall
cancel the order of removal. If the Attorney General ren-
ders a final administrative decision to deny the applica-
tion, the order of removal shall be effective and enforce-
able to the same extent as if the application had not been
made.
SEC. 3. WORK AUTHORIZATION.
The Attorney General shall authorize an alien who
has applied for adjustment of status under section 1 to
engage in employment in the United States during the
pendency of such application and shall provide the alien
with an appropriate document signifying authorization of
employment.
SEC. 4. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY
MEMBERS.
(a) IN GENERAL.—The status of an alien shall be
adjusted by the Attorney General to that of an alien law-
fully admitted for permanent residence if the alien—
(1) is the spouse, parent, or unmarried son or
daughter of an alien whose status is adjusted under
section 1;
SEC. 6. NO OFFSET IN NUMBER OF VISAS AVAILABLE.
The granting of adjustment of status under section
1 shall not reduce the number of immigrant visas author-
ized to be issued under any provision of the Immigration
and Nationality Act.
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