I 
109TH CONGRESS 
1ST SESSION 
H. R. 936
To provide for immigration relief in the case of certain immigrants who 
are innocent victims of immigration fraud. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005
Mr. HONDA (for himself, Mr. MORAN of Virginia, Ms. LEE, Mr. EVANS, Mr. 
MEEKS of New York, Mr. SCHIFF, Mr. GRIJALVA, Mr. ABERCROMBIE, 
Ms. JACKSON-LEE of Texas, Mr. FARR, Ms. EDDIE BERNICE JOHNSON 
of Texas, Ms. LINDA T. SA´NCHEZ of California, Mr. CONYERS, Ms. 
SOLIS, Mr. GENE GREEN of Texas, and Ms. BORDALLO) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide for immigration relief in the case of certain 
immigrants who are innocent victims of immigration fraud.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS 
OF IMMIGRATION FRAUD. 
(a) IN GENERAL.—
(1) RELIEF
UPON
APPROVAL
OF
APPLICA-
TION.—If an alien, upon application to the Secretary 
of Homeland Security, establishes to the satisfaction
of the Secretary that such alien is an eligible alien 
(as defined in subsection (b)) and is, but for the 
specified immigration fraud, admissible to the 
United States as an immigrant and is not removable 
from the United States, the Secretary shall provide 
immigration relief for such alien under subsection 
(c). 
(2) RELIEF PENDING APPROVAL.—In the case 
of an eligible alien, the Secretary shall suspend any 
pending proceedings providing for revocation of ad-
justment of status, revocation of naturalization, or 
removal with respect to such eligible alien in order 
to provide such alien with a reasonable opportunity 
to apply for immigration relief under this section 
and during the pendency of the application for such 
relief. 
(b) ELIGIBLE
ALIEN, SPECIFIED
IMMIGRATION 
FRAUD DEFINED.—For purposes of this section: 
(1) ELIGIBLE
ALIEN.—The term ‘‘eligible 
alien’’ means an alien—
(A) who obtained status as a non-
immigrant on or after January 1, 1980, and 
who, at the time of obtaining such status, was 
a national of the Republic of Korea;
(B) who applied, before January 1, 1999, 
through one or more immigration brokers for 
adjustment of such status to that of the status 
of an alien lawfully admitted to the United 
States for permanent residence, and who ap-
plied through the Immigration and Naturaliza-
tion office located in San Jose, California; 
(C) whose application for adjustment of 
status described in subparagraph (B) was ap-
proved as a result of bribery by such immigra-
tion brokers of a supervisor of the Immigration 
and Naturalization Service for such office; and 
(D) who had no actual knowledge of such 
fraud at the time of such adjustment. 
(2) TREATMENT
OF
SPOUSES
AND
CHIL-
DREN.—Such term includes an alien who obtained 
lawful permanent resident status as the spouse or 
child of an eligible alien described in paragraph (1). 
(3) SPECIFIED
IMMIGRATION
FRAUD.—The 
term ‘‘specified immigration fraud’’ means the brib-
ery described in paragraph (1)(C). 
(c) FORM OF IMMIGRATION RELIEF.—
(1) IN GENERAL.—If an application of an eligi-
ble alien under subsection (a) is approved, then—
(A) the specified immigration fraud shall 
not be considered in determining the admissi-
bility or removeability of such alien; and 
(B) the Secretary shall provide for the res-
toration of the alien’s status as if the original 
adjustment of status described in subsection 
(b)(1)(C) had been lawful, in accordance with 
the succeeding provisions of this subsection. 
(2) RESTORATION OF STATUS TO LAWFUL PER-
MANENT RESIDENT.—In the case of an approved ap-
plication for an alien whose adjustment of status to 
lawful permanent resident status was rescinded sole-
ly as a result of the specified immigration fraud, the 
Secretary shall vitiate such rescission and shall re-
store the status of such alien to that of an alien law-
fully admitted for permanent residence. Such res-
toration shall be effective as of the date of such re-
scission. 
(3) RESTORATION
OF
NATURALIZATION.—In 
the case of an eligible alien who has been naturalized 
as a citizen of the United States and whose natu-
ralization was revoked solely as a result of the speci-
fied immigration fraud, the Secretary shall vitiate 
such revocation and shall restore such citizenship
status to such alien. Such restoration shall be effec-
tive as of the date of such revocation. 
(4) PAROLE INTO THE UNITED STATES FOR EL-
IGIBLE ALIENS WHO HAVE DEPARTED.—In the case 
of an eligible alien who has been removed, or has 
voluntarily departed, from the United States in con-
nection with charges relating to specified immigra-
tion fraud, the Secretary shall parole such alien into 
the United States for the purpose of filing an appli-
cation for immigration relief under this section. 
(d) PROCEDURES AND DEFINITIONS.—
(1) PROCEDURES FOR APPLICATION.—An alien 
seeking immigration relief under this section shall 
submit to the Secretary an application at such time, 
in such manner, and containing such information as 
the Secretary shall require. The Secretary shall not 
charge such alien a fee in connection with such ap-
plication. 
(2) NO REDUCTION IN NUMBER OF IMMIGRANT 
VISAS AVAILABLE.—The Secretary of State shall not 
reduce the number of immigrant visas authorized to 
be issued under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) if an application of an 
eligible alien for immigration relief under this sec-
tion is approved.
(3) APPLICATION
OF
OTHER
DEFINITIONS.—
For purposes of this section and except as otherwise 
specifically provided, the term ‘‘Secretary ’’ means 
the Secretary of Homeland Security and the defini-
tions contained in the Immigration and Nationality 
Act shall apply in the administration of this section. 
Nothing in this section shall be construed to repeal, 
amend, alter, modify, affect, or restrict the powers, 
duties, functions, or authority of the Secretary in 
the administration and enforcement of such Act or 
any other law relating to immigration, nationality, or 
naturalization. The fact that an alien may be eligible 
for immigration relief under this section shall not 
preclude such alien from seeking immigration relief 
under any other provision of law for which such 
alien may be eligible.
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