I 
108TH CONGRESS 
1ST SESSION H. R. 1830
To amend the Immigration and Nationality Act to provide for permanent 
resident status for certain long-term resident workers and college-bound 
students, to modify the worldwide level of family-sponsored immigrants 
in order to promote family unification, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2003
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
for permanent resident status for certain long-term resi-
dent workers and college-bound students, to modify the 
worldwide level of family-sponsored immigrants in order 
to promote family unification, and for other purposes.
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 ‘‘Earned Legalization 
and Family Unification Act of 2003’’.
SEC. 2. LEGALIZATION OF STATUS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following new 
section: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESI-
DENT
WORKERS
AND
COLLEGE-BOUND
STUDENTS 
TO THAT OF ALIEN LAWFULLY ADMITTED FOR PER-
MANENT RESIDENCE 
‘‘SEC. 245B. (a) ADJUSTMENT
TO PERMANENT 
RESIDENT STATUS FOR CERTAIN WORKERS, SPOUSES, 
AND CHILDREN.—The Attorney General shall adjust the 
status of an alien to that of an alien lawfully admitted 
for permanent residence if the alien meets the following 
requirements: 
‘‘(1) TIMELY APPLICATION.—
‘‘(A) DURING APPLICATION PERIOD.—Ex-
cept as provided in subparagraph (B), the alien 
must apply for such adjustment during the 36-
month period beginning on the date final regu-
lations are issued to carry out this section. 
‘‘(B) INFORMATION INCLUDED IN APPLI-
CATION.—Each application under this sub-
section shall contain such information as the 
Attorney General may require, including infor-
mation on living relatives of the applicant with
respect to whom a petition for preference or 
other status may be filed by the applicant at 
any later date under section 204(a). 
‘‘(2) CONTINUOUS 5-YEAR RESIDENCE.—
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien—
‘‘(i) entered the United States before 
the date that is 5 years before the date of 
the enactment of this Act; 
‘‘(ii) has resided continuously in the 
United States during the 5-year period 
ending on the date of the enactment of this 
Act and through the date the application 
was filed under this subsection; and 
‘‘(iii) was in the United States on the 
date of the enactment of this Act in an un-
lawful status and has resided continuously 
in the United States in an unlawful status 
since such date and through the date the 
application was filed under this subsection. 
‘‘(B) NONIMMIGRANTS.—In the case of an 
alien who entered the United States as a non-
immigrant before the date of the enactment of 
this Act, the alien must also establish that the 
alien’s period of authorized stay as a non-
immigrant expired before such date through the 
passage of time or the alien’s unlawful status 
was known to the Government as of such date. 
‘‘(C) EXCHANGE
VISITORS.—If the alien 
was at any time a nonimmigrant exchange alien 
(as defined in section 101(a)(15)(J)), the alien 
must establish that the alien was not subject to 
the two-year foreign residence requirement of 
section 212(e) or has fulfilled that requirement 
or received a waiver thereof. 
‘‘(D) OTHER LAWFUL ALIENS.—Notwith-
standing any other provision of this paragraph, 
in the case of an alien who is in a lawful status, 
other than a nonimmigrant status, on the date 
of the enactment of this Act, the alien must es-
tablish that the alien has resided continuously 
in the United States in such status during the 
5-year period ending on the date of the enact-
ment of this Act. 
‘‘(3) CONTINUOUS
PRESENCE
SINCE
ENACT-
MENT.—
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien has been continuously 
present in the United States since the date of 
the enactment of this section.
‘‘(B) TREATMENT OF BRIEF, CASUAL, AND 
INNOCENT ABSENCES.— An alien shall not be 
considered to have failed to maintained contin-
uous presence in the United States for purposes 
of subparagraph (A), or continuous residence in 
the United States for purposes of paragraph 
(2), by virtue of brief, casual, and innocent ab-
sences from the United States. 
‘‘(C) ADMISSIONS.—Nothing in this section 
shall be construed as authorizing an alien to 
apply for admission to, or to be admitted to, the 
United States in order to apply for adjustment 
of status under this subsection. 
‘‘(4) ADMISSIBLE
AS
IMMIGRANT.—The alien 
must establish that the alien—
‘‘(A) is admissible to the United States as 
an immigrant, except as otherwise provided 
under subsection (e)(2);
‘‘(B) has not been convicted of any felony 
or of three or more misdemeanors committed in 
the United States; 
‘‘(C) has not assisted in the persecution of 
any person or persons on account of race, reli-
gion, nationality, membership in a particular 
social group, or political opinion; and
‘‘(D) is registered or registering under the 
Military Selective Service Act, if the alien is re-
quired to be so registered under that Act. 
‘‘(5) EMPLOYMENT IN UNITED STATES.—
‘‘(A) IN GENERAL.—The alien must have 
been employed (whether or not lawfully) in the 
United States, in the aggregate, for at least 
520 of the workdays occurring during the 5-
year period ending on the date of the enactment 
of this Act. 
‘‘(B) EXCEPTION FOR ALIEN CHILDREN.—
Subparagraph (A) shall not apply to an indi-
vidual under 23 years of age on the date on 
which the application was filed under this sub-
section. 
‘‘(C) EVIDENCE
OF
EMPLOYMENT.—For 
purposes of satisfying the requirement of sub-
paragraph (A), the alien may submit, among 
other evidence—
‘‘(i) records maintained by the Com-
missioner of Social Security; 
‘‘(ii) other employment records; 
‘‘(iii) tax records; 
‘‘(iv) bank account records; and
‘‘(v) attestations from community 
leaders, religious leaders, co-workers, or 
store owners. 
‘‘(D) BURDEN OF PROOF.—An alien apply-
ing for adjustment of status under this sub-
section has the burden of proving by a prepon-
derance of the evidence that the alien has 
worked the requisite number of days (as re-
quired under subparagraph (A)). An alien can 
meet such burden of proof by producing suffi-
cient evidence to show the extent of that em-
ployment as a matter of just and reasonable in-
ference. In such a case, the burden then shifts 
to the Attorney General to disprove the alien’s 
evidence with a showing which negates the rea-
sonableness of the inference to be drawn from 
the evidence. 
‘‘(6) PAYMENT OF INCOME TAXES.—
‘‘(A) IN GENERAL.—The alien must dem-
onstrate the payment of all Federal and State 
income taxes owed for employment during the 
3-year period preceding the date the application 
was filed under this subsection. The alien may 
satisfy such requirement through demonstrating 
that no such tax liability exists or through sat-
isfaction of all outstanding liabilities (including 
through execution of a binding agreement to 
pay back taxes owing). 
‘‘(7) BASIC CITIZENSHIP SKILLS.—
‘‘(A) IN GENERAL.—The alien must dem-
onstrate that the alien either—
‘‘(i) meets the requirements of section 
312(a) (relating to minimal understanding 
of ordinary English and a knowledge and 
understanding of the history and govern-
ment of the United States); or 
‘‘(ii) is satisfactorily pursuing a 
course of study (recognized by the Attor-
ney General) to achieve such an under-
standing of English and such a knowledge 
and understanding of the history and gov-
ernment of the United States. 
‘‘(B) EXCEPTIONS.—
‘‘(i) MANDATORY.—The requirements 
of subparagraph (A) shall not apply to any 
person who is—
‘‘(I) 65 years of age or older; or 
‘‘(II) unable because of physical 
or developmental disability or mental 
impairment to comply therewith.
‘‘(ii) DISCRETIONARY.—The Attorney 
General may, in his discretion, waive all or 
part of the requirements of subparagraph 
(A) in the case of an alien who is 50 years 
of age or older. 
‘‘(C) RELATION TO NATURALIZATION EX-
AMINATION.—In accordance with regulations of 
the Attorney General, an alien who has dem-
onstrated under subparagraph (A)(i) that the 
alien meets the requirements of section 312(a) 
may be considered to have satisfied the require-
ments of that section for purposes of becoming 
naturalized as a citizen of the United States 
under title III. 
‘‘(b) FAMILY UNIFICATION.—An alien who, as of the 
date of filing an application under subsection (a), is the 
spouse or child of an alien who qualifies for adjustment 
of status under subsection (a) shall, if not otherwise enti-
tled to such adjustment of status, be entitled to the same 
status if accompanying or following to join the spouse or 
parent if—
‘‘(1) the spouse or child meets the requirements 
of subsection (a)(4); and
‘‘(2) the spouse or child was included in the ap-
plication information required under subsection 
(a)(1)(B). 
‘‘(c) ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS FOR CERTAIN CHILDREN IN MIDDLE OR SECONDARY 
SCHOOL.—
‘‘(1) IN GENERAL.—The Attorney General shall 
adjust the status of an alien to that of an alien law-
fully admitted for permanent residence if the alien 
meets the following requirements: 
‘‘(A) TIMELY APPLICATION.—
‘‘(i) AGE
ON
APPLICATION
DATE.—
The alien must not have attained 25 years 
of age before the date on which the appli-
cation for adjustment under this sub-
section was filed. 
‘‘(ii) OTHER
REQUIREMENTS.—The 
requirements of subparagraphs (A) and 
(B) of subsection (a)(1) shall apply to an 
application under this subsection.
‘‘(B) CONTINUOUS PRESENCE.—
‘‘(i) IN GENERAL.—The alien must es-
tablish that the alien was present in the 
United States on the date of the enactment 
of this section and has been present in the
United States for a continuous period of 
not less than 5 years immediately pre-
ceding the date on which the application 
under subparagraph (A) was filed. 
‘‘(ii) TREATMENT OF BRIEF, CASUAL, 
AND
INNOCENT
ABSENCES.— An alien 
shall not be considered to have failed to 
maintained continuous presence in the 
United States for purposes of clause (i) by 
virtue of brief, casual, and innocent ab-
sences from the United States. 
‘‘(iii) ADMISSIONS.—Nothing in this 
section shall be construed as authorizing 
an alien to apply for admission to, or to be 
admitted to, the United States in order to 
apply for adjustment of status under this 
subsection. 
‘‘(C) GOOD
MORAL
CHARACTER.—The 
alien must demonstrate that the alien has been 
a person of good moral character during the 5 
years immediately preceding the date on which 
the application under subparagraph (A) was 
filed. 
‘‘(D) STUDENT.—The alien, at the time of 
application, must be enrolled at or above the
7th grade level in a school in the United States 
or be enrolled in, or actively pursuing admission 
to, an institution of higher education in the 
United States (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 
1001)). 
‘‘(E) ADMISSIBLE
AS
IMMIGRANT.—The 
alien must satisfy the requirements of sub-
section (a)(4). 
‘‘(2) NO DERIVATIVE RIGHT OF PARENTS.—The 
parent of an alien who adjusts status pursuant to 
this subsection shall not be granted the same status 
by reason of accompanying or following to join un-
less otherwise entitled to such status. 
‘‘(d) APPLICATIONS FOR ADJUSTMENT OF STATUS.—
‘‘(1) TO WHOM MAY BE MADE.—The Attorney 
General shall provide that applications for adjust-
ment of status under this section may be filed—
‘‘(A) with the Attorney General; or 
‘‘(B) with a qualified designated entity, 
but only if the applicant consents to the for-
warding of the application to the Attorney Gen-
eral.
As used in this section, the term ‘qualified des-
ignated entity’ means an organization or person des-
ignated under paragraph (2). 
‘‘(2) DESIGNATION OF QUALIFIED ENTITIES TO 
RECEIVE APPLICATIONS.—For purposes of assisting 
in the program of legalization provided under this 
section, the Attorney General—
‘‘(A) shall designate qualified voluntary or-
ganizations and other qualified State, local, and 
community organizations; and 
‘‘(B) may designate such other persons as 
the Attorney General determines are qualified 
and have substantial experience, demonstrated 
competence, and traditional long-term involve-
ment in the preparation and submittal of appli-
cations for adjustment of status under section 
209 or 245, Public Law 89–732, or Public Law 
95–145 (including qualified designated entities 
under section 245A). 
‘‘(3) TREATMENT OF APPLICATIONS BY DES-
IGNATED ENTITIES.—Each qualified designated enti-
ty must agree to forward to the Attorney General 
applications filed with it in accordance with para-
graph (1)(B) but not to forward to the Attorney 
General applications filed with it unless the appli-
cant has consented to such forwarding. No such en-
tity may make a determination required by this sec-
tion to be made by the Attorney General. 
‘‘(4) LIMITATION
ON
ACCESS
TO
INFORMA-
TION.—Files and records of qualified designated en-
tities relating to an alien’s seeking assistance or in-
formation with respect to filing an application under 
this section are confidential and the Attorney Gen-
eral and the Service shall not have access to such 
files or records relating to an alien without the con-
sent of the alien. 
‘‘(5) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in 
this paragraph, neither the Attorney General, 
nor any other official or employee of the De-
partment of Justice, or bureau or agency there-
of, may—
‘‘(i) use the information furnished by 
the applicant pursuant to an application 
filed under this section for any purpose 
other than to make a determination on the 
application for enforcement of paragraph 
(6), or for the preparation of reports to 
Congress under law;
‘‘(ii) make any publication whereby 
the information furnished by any par-
ticular applicant can be identified; or 
‘‘(iii) permit anyone other than the 
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
ignated entity, that designated entity, to 
examine individual applications. 
‘‘(B) REQUIRED
DISCLOSURES.—The At-
torney General shall provide the information 
furnished under this section, and any other in-
formation derived from such furnished informa-
tion, to a duly recognized law enforcement enti-
ty in connection with a criminal investigation or 
prosecution, when such information is requested 
in writing by such entity, or to an official cor-
oner for purposes of affirmatively identifying a 
deceased individual (whether or not such indi-
vidual is deceased as a result of a crime). 
‘‘(C) 
AUTHORIZED
DISCLOSURES.—The 
Attorney General may provide, in the Attorney
General’s discretion, for the furnishing of infor-
mation furnished under this section in the same 
manner and circumstances as census informa-
tion may be disclosed by the Secretary of Com-
merce under section 8 of title 13, United States 
Code. 
‘‘(D) CONSTRUCTION.—
‘‘(i) IN
GENERAL.—Nothing in this 
paragraph shall be construed to limit the 
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or 
records of the Service pertaining to an ap-
plication filed under this section, other 
than information furnished by an applicant 
pursuant to the application, or any other 
information derived from the application, 
that is not available from any other source. 
‘‘(ii) CRIMINAL CONVICTIONS.—Informa-
tion concerning whether the applicant has 
at any time been convicted of a crime may 
be used or released for immigration en-
forcement purposes. 
‘‘(E) CRIME.—Whoever knowingly uses, 
publishes, or permits information to be exam-
ined in violation of this paragraph shall be fined 
not more than $10,000.