I 
117TH CONGRESS 
2D SESSION 
H. R. 7854 
To authorize the Secretary of Homeland Security to adjust the status of 
certain aliens who are nationals of Venezuela to that of aliens lawfully 
admitted for permanent residence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2022 
Mr. SOTO (for himself and Ms. WASSERMAN SCHULTZ) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To authorize the Secretary of Homeland Security to adjust 
the status of certain aliens who are nationals of Ven-
ezuela to that of aliens lawfully admitted for permanent 
residence, 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 ‘‘Venezuelan Adjust-
ment Act’’. 
SEC. 2. VENEZUELAN REFUGEE IMMIGRATION FAIRNESS. 
(a) DEFINITIONS.—In this section: 
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(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this Act that is 
used in the immigration laws shall have the meaning 
given the term in the immigration laws. 
(2) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given the term in section 
101(a)(17) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(17)). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall adjust the status of 
an alien described in subsection (c) to that of an 
alien lawfully admitted for permanent residence if 
the alien— 
(A) applies for adjustment not later than 
3 years after the date of the enactment of this 
Act; 
(B) is otherwise eligible to receive an im-
migrant visa; and 
(C) subject to paragraph (2), is admissible 
to the United States for permanent residence. 
(2) APPLICABILITY OF GROUNDS OF INADMIS-
SIBILITY.—In determining the admissibility of an 
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alien under paragraph (1)(C), the grounds of inad-
missibility 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. 
(3) EXCEPTIONS.—An alien shall not be eligible 
for adjustment of status under this subsection if the 
Secretary determines that the alien— 
(A) has been convicted of any aggravated 
felony; 
(B) has been convicted of two or more 
crimes involving moral turpitude (other than a 
purely political offense); or 
(C) has ordered, incited, assisted, or other-
wise participated in the persecution of any per-
son on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion. 
(4) RELATIONSHIP OF APPLICATION TO CER-
TAIN ORDERS.— 
(A) IN GENERAL.—An alien present in the 
United States who has been subject to an order 
of exclusion, deportation, removal, or voluntary 
departure under any provision of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et 
seq.) may, notwithstanding such order, submit 
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an application for adjustment of status under 
this subsection if the alien is otherwise eligible 
for adjustment of status under paragraph (1). 
(B) SEPARATE MOTION NOT REQUIRED.— 
An alien described in subparagraph (A) shall 
not be required, as a condition of submitting or 
granting an application under this subsection, 
to file a separate motion to reopen, reconsider, 
or vacate an order described in subparagraph 
(A). 
(C) 
EFFECT
OF
DECISION
BY
SEC-
RETARY.— 
(i) GRANT.—If the Secretary adjusts 
the status of an alien pursuant to an appli-
cation under this subsection, the Secretary 
shall cancel any order described in sub-
paragraph (A) to which the alien has been 
subject. 
(ii) DENIAL.—If the Secretary makes 
a final decision to deny such application, 
any such order shall be effective and en-
forceable to the same extent that such 
order would be effective and enforceable if 
the application had not been made. 
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(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.— 
(1) IN GENERAL.—The benefits provided under 
subsection (b) shall apply to any alien who— 
(A)(i) is a national of Venezuela; 
(ii) entered the United States before or on 
December 31, 2021; and 
(iii) has been continuously physically 
present in the United States for not less than 
1 year as of the date on which the alien submits 
an application under such subsection (b); or 
(B) is the spouse, child, or unmarried son 
or daughter of an alien described in subpara-
graph (A). 
(2) DETERMINATION
OF
CONTINUOUS
PHYS-
ICAL PRESENCE.—For purposes of establishing the 
period of continuous physical presence referred to in 
paragraph (1)(A)(ii), an alien shall not be consid-
ered to have failed to maintain continuous physical 
presence based on one or more absences from the 
United States for one or more periods amounting, in 
the aggregate, to not more than 180 days. 
(d) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations establishing procedures by which an 
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alien who is subject to a final order of deportation, 
removal, or exclusion, may seek a stay of such order 
based on the filing of an application under sub-
section (b). 
(2) DURING CERTAIN PROCEEDINGS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), notwithstanding any provi-
sion of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.), the Secretary may not 
order an alien to be removed from the United 
States if the alien— 
(i) is in exclusion, deportation, or re-
moval proceedings under any provision of 
such Act; and 
(ii) has submitted an application for 
adjustment of status under subsection (b). 
(B) 
EXCEPTION.—The 
Secretary 
may 
order an alien described in subparagraph (A) to 
be removed from the United States if the Sec-
retary has made a final determination to deny 
the application for adjustment of status under 
subsection (b) of the alien. 
(3) WORK AUTHORIZATION.— 
(A) IN GENERAL.—The Secretary may— 
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(i) authorize an alien who has applied 
for adjustment of status under subsection 
(b) to engage in employment in the United 
States during the period in which a deter-
mination on such application is pending; 
and 
(ii) provide such alien with an ‘‘em-
ployment 
authorized’’ 
endorsement 
or 
other appropriate document signifying au-
thorization of employment. 
(B) PENDING APPLICATIONS.—If an appli-
cation for adjustment of status under sub-
section (b) is pending for a period exceeding 
180 days and has not been denied, the Sec-
retary shall authorize employment for the appli-
cable alien. 
(e) RECORD OF PERMANENT RESIDENCE.—On the 
approval of an application for adjustment of status under 
subsection (b) of an alien, the Secretary shall establish 
a record of admission for permanent residence for the 
alien as of the date of the arrival of the alien in the United 
States. 
(f) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary shall provide applicants for adjustment of 
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status under subsection (b) with 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); and 
(2) aliens subject to removal proceedings under 
section 240 of such Act (8 U.S.C. 1229a). 
(g) LIMITATION ON JUDICIAL REVIEW.— 
(1) IN GENERAL.—A determination by the Sec-
retary with respect to the adjustment of status of 
any alien under this section is final and shall not be 
subject to review by any court. 
(2) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (1) shall be construed to preclude the re-
view of a constitutional claim or a question of law 
under section 704 of title 5, United States Code, 
with respect to a denial of adjustment of status 
under this section. 
(h) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— 
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 (8 
U.S.C. 1101 et seq.) to offset the adjustment of status 
of an alien who has been lawfully admitted for permanent 
residence pursuant to this section. 
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