I 
109TH CONGRESS 
1ST SESSION 
H. R. 257 
To amend the Immigration and Nationality Act to reunify families, permit 
earned access to permanent resident status, provide protection against 
unfair immigration-related employment practices, reform the diversity 
visa program, provide adjustment of status for Haitians and Liberian 
nationals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2005 
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 reunify 
families, permit earned access to permanent resident sta-
tus, provide protection against unfair immigration-related 
employment practices, reform the diversity visa program, 
provide adjustment of status for Haitians and Liberian 
nationals, 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 ‘‘Comprehensive Immi-
gration Fairness Act’’.
TITLE 
I—FAMILY 
REUNIFICA-
TION 
AND 
DISCRETIONARY 
RELIEF 
SEC. 101. PERMANENT APPLICATION OF SECTION 245(i). 
Section 245(i) of the Immigration and Nationality 
Act (8 U.S.C. 1255(i)) is amended— 
(1) by inserting ‘‘and’’ at the end of paragraph 
(1)(A); 
(2) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) who is the beneficiary (including a 
spouse or child of the principal alien) of— 
‘‘(i) a petition for classification under 
section 204; or 
‘‘(ii) an application for a labor certifi-
cation under section 212(a)(5)(A);’’; 
(3) by striking paragraph (1)(C); and 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’.
SEC. 102. DISCRETIONARY WAIVER OF INADMISSIBILITY 
BASED ON UNLAWFUL PRESENCE, FAILURE 
TO ATTEND REMOVAL PROCEEDINGS, AND 
MISREPRESENTATIONS. 
(a) IN GENERAL.—Section 212(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(i)) is amended to read 
as follows: 
‘‘(i) The Secretary of Homeland Security may waive 
the application of subparagraph (A)(i) or (B), or clause 
(i) or (ii) of subparagraph (C), of subsection (a)(6) in the 
case of an immigrant who is the parent, spouse, son, or 
daughter of a United States citizen or of an alien lawfully 
admitted to the United States for permanent residence, 
if it is established to the satisfaction of the Secretary that 
the refusal of admission to the United States of such im-
migrant would result in hardship to the immigrant or to 
such citizen or lawful permanent resident parent, spouse, 
son, or daughter.’’. 
(b) CONFORMING AMENDMENTS.—Section 212(a)(6) 
of such Act (8 U.S.C. 1182(a)(6)) is amended— 
(1) in subparagraph (A), by adding at the end 
the following: 
‘‘(iii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; 
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after the subpara-
graph heading; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; and 
(3) in subparagraph (C)(iii), by inserting ‘‘or 
(ii)’’ after ‘‘(i)’’. 
SEC. 103. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN GENERAL.—Section 212(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)) is amended 
by adding at the end the following: 
‘‘(14) The Secretary of Homeland Security may, in 
the discretion of the Secretary, for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public 
interest, waive the application of subparagraph (A) or 
(B)(i) of subsection (a)(9).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 
amended by striking clause (v).
SEC. 104. ADDRESSING THE PROBLEM OF VISA NUMBER 
BACKLOGS FOR THE FAMILY MEMBERS OF 
CITIZENS AND LAWFUL PERMANENT RESI-
DENTS. 
(a) CLASSES OF NONIMMIGRANT ALIENS.—Section 
101(a)(15)(K) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by adding ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following: 
‘‘(iv)(I) has concluded a valid mar-
riage with an alien lawfully admitted for 
permanent residence, is the parent of a cit-
izen of the United States, or is the son or 
daughter of an alien lawfully admitted for 
permanent residence or a citizen of the 
United States; (II) is the beneficiary of a 
petition to accord immigrant status on the 
basis of such family relationship that was 
filed under section 204 by such family 
member; (III) has waited more than 6 
months for the approval of such petition or 
the availability to the alien of an immi-
grant visa; and (IV) seeks to enter the 
United States to await the approval of
such petition and the availability to the 
alien of an immigrant visa;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) of such Act (8 U.S.C. 1184(d)) is amended— 
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) A visa shall not be issued under the provisions 
of section 101(a)(15)(K)(iv) until the consular officer has 
received a petition filed in the United States by the lawful 
permanent resident or citizen relative of the applying alien 
and approved by the Secretary of Homeland Security. The 
petition shall be in such form and contain such informa-
tion as the Secretary shall, by regulation, prescribe.’’. 
SEC. 
105. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101) is amended by adding at the end the fol-
lowing: 
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
a conviction for an aggravated felony. This discretion may
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 106. AGE-OUT PROTECTION FOR CHILDREN. 
(a) IN GENERAL.—Chapter 1 of title IV of the Immi-
gration and Nationality Act (8 U.S.C. 1101 note) is 
amended by adding at the end the following: 
‘‘AGE-OUT PROTECTION FOR CHILDREN 
‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap-
plication initially to grant a benefit under this Act (other 
than an application for naturalization) that otherwise 
would be granted only after a determination that the bene-
ficiary of the application is a child (such as classification 
as an immediate relative under section 201(b)(2)(A)(i)), 
if the application is neither approved nor denied (on proce-
dural or substantive grounds) during the 90-day period 
beginning on the date of the filing of the application, the 
beneficiary shall be considered to be a child for all pur-
poses related to the receipt of the benefit if the beneficiary 
was a child on the last day of such 90-day period, and 
the beneficiary shall not otherwise be prejudiced with re-
spect to such determination by such delay, and shall be 
considered to be a child under this Act for all purposes 
related to such application. 
‘‘(b) TERMINATION
OF BENEFIT.—Subsection (a) 
shall remain in effect until the termination of the 1-year
period beginning on the date on which the application de-
scribed in such paragraph is approved.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 407 the fol-
lowing: 
‘‘408. Age-out protection for children.’’. 
SEC. 107. TIMELINESS OF ADOPTION FOR IMMIGRATION 
PURPOSES. 
(a) IN GENERAL.—Section 101(b)(1)(E)(i) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(i)) is amended by striking ‘‘a child adopted 
while under the age of sixteen years’’ and inserting ‘‘a 
child, under the age of 16 when adoption proceedings were 
initiated,’’. 
(b) 
SPECIAL
RULE
FOR
SIBLINGS.—Section 
101(b)(1)(E)(ii)(III) 
of 
such 
Act 
(8 
U.S.C. 
1101(b)(1)(E)(ii)(III)) is amended by striking ‘‘adopted 
while under the age of 18 years’’ and inserting ‘‘under 
the age of 18 when adoption proceedings were initiated’’. 
SEC. 108. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) of the 
Immigration and Nationality Act (8 U.S.C. 1182(d)) is 
amended by adding at the end the following:
‘‘(13) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) of such Act (8 U.S.C. 
1182(a)(9)(A)) is amended by adding at the end the 
following: 
‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) 
of 
such 
Act 
(8 
U.S.C. 
1182(A)(9)(B)(v)) is amended to read as follows:
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
TITLE II—EARNED ACCESS TO 
LEGALIZATION 
AND 
REG-
ISTRY UPDATE 
SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF 
EARNED ACCESS TO LEGALIZATION. 
(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: 
‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED 
ACCESS TO LEGALIZATION 
‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien— 
‘‘(1) was physically present in the United 
States for a continuous period of not less than 5 
years immediately preceding the date on which this 
provision was enacted and has maintained contin-
uous physical presence since then; 
‘‘(2) has at all times been a person of good 
moral character; 
‘‘(3) has never been convicted of a criminal of-
fense in the United States;
‘‘(4) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(5) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(6) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—An alien shall not be considered to 
have failed to maintain a continuous presence in the 
United States for purposes of subsection (a)(1) by virtue 
of brief, casual, and innocent absences from the United 
States. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.— 
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
immigrant, except as otherwise provided in para-
graph (2).