I 
115TH CONGRESS 
1ST SESSION H. R. 2161 
To adjust the immigration status of certain Venezuelan nationals who are 
in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2017 
Mr. CURBELO of Florida (for himself, Mr. SOTO, Ms. ROS-LEHTINEN, and 
Ms. WASSERMAN SCHULTZ) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To adjust the immigration status of certain Venezuelan 
nationals who are in the United States. 
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 ‘‘Venezuelan Refugee 
Assistance Act’’. 
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VEN-
EZUELAN NATIONALS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act (8 
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U.S.C. 1255(c)), the status of any alien described in 
subsection (b) shall be adjusted by the Secretary of 
Homeland Security to that of an alien lawfully ad-
mitted for permanent residence, if the alien— 
(A) applies for such adjustment before 
January 1, 2021; 
(B) is not inadmissible under paragraph 
(1), (2), (3), (4), (6)(E), (6)(G), (8), (10)(A), 
(10)(C), or (10)(D) of section 212(a) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)); 
(C) is not deportable under paragraph 
(1)(E), (1)(G), (2), (4), (5), or (6) of section 
237(a) of such Act (8 U.S.C. 1227(a)); 
(D) has not ordered, incited, assisted, or 
otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion; and 
(E) has not been convicted of— 
(i) any offense under Federal or State 
law punishable by a maximum term of im-
prisonment of more than 1 year; or 
(ii) 3 or more offenses under Federal 
or State law, for which the alien was con-
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victed on different dates for each of the 3 
offenses and sentenced to imprisonment 
for an aggregate of 90 days or more. 
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered removed, or ordered to 
depart voluntarily, from the United States under 
any provision of the Immigration and Nationality 
Act may, notwithstanding such order, apply for ad-
justment of status under paragraph (1). Such an 
alien may not be required, as a condition on submit-
ting or granting such application, to file a motion to 
reopen, reconsider, or vacate such order. If the Sec-
retary of Homeland Security grants the application, 
the Secretary of Homeland Security shall cancel the 
order. If the Secretary of Homeland Security ren-
ders a final administrative decision to deny the ap-
plication, 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 Venezuela— 
(1) who was physically present in the United 
States on January 1, 2013; and 
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(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 Act 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 Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of removal to seek a stay of 
such order based on the filing of an application 
under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act (8 U.S.C. 1101 et seq.), the Secretary 
of Homeland Security shall not order any alien to be 
removed from the United States, if the alien is in re-
moval proceedings under any provision of such Act 
and raises as a defense to such an order the eligi-
bility of the alien to apply for adjustment of status 
under subsection (a), except where the Secretary of 
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Homeland Security has rendered a final administra-
tive determination to deny the application. 
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security 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 signi-
fying authorization of employment, except that if 
such application is pending for a period exceeding 
180 days, and has not been denied, the Secretary of 
Homeland Security shall authorize such employment. 
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND 
CHILDREN.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act (8 
U.S.C. 1255(c)), the status of an alien shall be ad-
justed by the Secretary of Homeland Security to 
that of an alien lawfully admitted for permanent res-
idence, 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-
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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 (8 U.S.C. 
1182(a)) 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. 
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(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide to ap-
plicants for adjustment 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 
(8 U.S.C. 1255); or 
(2) aliens subject to removal proceedings under 
section 240 of such Act (8 U.S.C. 1229a). 
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Secretary of Homeland Security as to 
whether the status of any alien should be adjusted under 
this Act 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 
Act, the Secretary of State shall not be required to reduce 
the number of immigrant visas authorized to be issued 
under any provision of the Immigration and Nationality 
Act. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this section, the definitions contained in the 
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Immigration and Nationality Act shall apply in the admin-
istration of this Act. Nothing contained in this Act shall 
be held to repeal, amend, alter, modify, effect, or restrict 
the powers, duties, functions, or authority of the Secretary 
of Homeland Security in the administration and enforce-
ment of such Act or any other law relating to immigration, 
nationality, or naturalization. The fact that an alien may 
be eligible to be granted the status of having been lawfully 
admitted 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. 
Æ 
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