I 
109TH CONGRESS 
1ST SESSION H. R. 3575 
To provide the nonimmigrant spouses and children of nonimmigrant aliens 
who perished in the September 11 terrorist attacks an opportunity to 
adjust their status to that of an alien lawfully admitted for permanent 
residence, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mrs. MALONEY (for herself, Mr. KING of New York, Mr. WEINER, Mr. NAD-
LER, Mr. HIGGINS, Mr. FARR, Mr. SERRANO, Mr. ENGEL, Mr. OWENS, 
Mr. MCDERMOTT, Mr. LANTOS, Ms. SCHAKOWSKY, Mr. THOMPSON of 
Mississippi, Ms. SOLIS, Mr. SCHIFF, Mr. BERMAN, Mr. PALLONE, Mr. 
KENNEDY of Rhode Island, and Mr. GRIJALVA) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide the nonimmigrant spouses and children of non-
immigrant aliens who perished in the September 11 ter-
rorist attacks an opportunity to adjust their status to 
that of an alien lawfully admitted for permanent resi-
dence, 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 ‘‘September 11 Family 
Humanitarian Relief and Patriotism Act’’.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NON-
IMMIGRANT VICTIMS OF TERRORISM. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN GENERAL.—The status of any alien de-
scribed in subsection (b) shall be adjusted by the 
Secretary of Homeland Security to that of an alien 
lawfully admitted for permanent residence, if the 
alien— 
(A) applies for such adjustment not later 
than 2 years after the date on which the Sec-
retary promulgates final regulations to imple-
ment this section; and 
(B) is otherwise admissible to the United 
States for permanent residence, except in deter-
mining such admissibility the grounds for inad-
missibility specified in paragraphs (4), (5), 
(6)(A), (7)(A), and (9)(B) of section 212(a) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)) shall not apply. 
(2) RULES
IN
APPLYING
CERTAIN
PROVI-
SIONS.—In the case of an alien described in sub-
section (b) who is applying for adjustment of status 
under this section— 
(A) the provisions of section 241(a)(5) of 
the Immigration and Nationality Act shall not 
apply; and
(B) the Secretary of Homeland Security 
may grant the alien a waiver on the grounds of 
inadmissibility under subparagraphs (A) and 
(C) of section 212(a)(9) of such Act. 
In granting waivers under subparagraph (B), the 
Secretary shall use standards used in granting con-
sent under subparagraphs (A)(iii) and (C)(ii) of 
such section 212(a)(9). 
(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, re-
moved, or ordered to depart voluntarily from the 
United States under any provision of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) 
may, notwithstanding such order, apply for adjust-
ment of status under paragraph (1). Such an alien 
may not be required, as a condition of submitting or 
granting such application, to file a separate motion 
to reopen, reconsider, or vacate such order. If the 
Secretary of Homeland Security grants the applica-
tion, the Secretary shall cancel the order. If the Sec-
retary renders a final administrative decision to deny 
the application, the order shall be effective and en-
forceable 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— 
(1) was lawfully present in the United States as 
a 
nonimmigrant 
alien 
described 
in 
section 
101(a)(15) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(15)) on September 10, 2001; 
(2) was, on such date, the spouse, child, de-
pendent son, or dependent daughter of an alien 
who— 
(A) was lawfully present in the United 
States as a nonimmigrant alien described in 
section 101(a)(15) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(15)) on such 
date; and 
(B) died as a direct result of a specified 
terrorist activity; and 
(3) was deemed to be a beneficiary of, and by, 
the September 11th Victim Compensation Fund of 
2001 (42 U.S.C. 40101). 
(c) STAY OF REMOVAL; WORK AUTHORIZATION.— 
(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 has applied for adjustment of status under sub-
section (a), except where the Secretary has rendered 
a final administrative determination to deny the ap-
plication. 
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security shall 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. 
(d) 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; 
or
(2) aliens subject to removal proceedings under 
section 240 of such Act. 
SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMI-
GRANT VICTIMS OF TERRORISM. 
(a) IN GENERAL.—Subject to the provisions of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
other than subsections (b)(1), (d)(1), and (e) of section 
240A of such Act (8 U.S.C. 1229b), the Secretary of 
Homeland Security shall, under such section 240A, cancel 
the removal of, and adjust to the status of an alien law-
fully admitted for permanent residence, an alien described 
in subsection (b), if the alien applies for such relief. 
(b) ALIENS ELIGIBLE FOR CANCELLATION OF RE-
MOVAL.—The benefits provided by subsection (a) shall 
apply to any alien who— 
(1) was, on September 10, 2001, the spouse, 
child, dependent son, or dependent daughter of an 
alien who died as a direct result of a specified ter-
rorist activity; and 
(2) was deemed to be a beneficiary of, and by, 
the September 11th Victim Compensation Fund of 
2001 (49 U.S.C. 40101). 
(c) STAY OF REMOVAL; WORK AUTHORIZATION.— 
(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) WORK AUTHORIZATION.—The Secretary of 
Homeland Security shall authorize an alien who has 
applied for cancellation of removal under subsection 
(a) to engage in employment in the United States 
during the pendency of such application. 
(d) 
MOTIONS
TO
REOPEN
REMOVAL
PRO-
CEEDINGS.—Notwithstanding any limitation imposed by 
law on motions to reopen removal proceedings (except lim-
itations premised on an alien’s conviction of an aggravated 
felony (as defined in section 101(a)(43) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(43))), any 
alien who has become eligible for cancellation of removal 
as a result of the enactment of this section may file one 
motion to reopen removal proceedings to apply for such 
relief. The Secretary of Homeland Security shall designate 
a specific time period in which all such motions to reopen 
are required to be filed. The period shall begin not later 
than 60 days after the date of the enactment of this Act 
and shall extend for a period not to exceed 240 days.
SEC. 4. EXCEPTIONS. 
Notwithstanding any other provision of this Act, an 
alien may not be provided relief under this Act if the alien 
is— 
(1) inadmissible under paragraph (2) or (3) of 
section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)), or deportable under para-
graph (2) or (4) of section 237(a) of such Act (8 
U.S.C. 1227(a)), including any individual culpable 
for a specified terrorist activity; or 
(2) a member of the family of an alien de-
scribed in paragraph (1). 
SEC. 5. EVIDENCE OF DEATH. 
For purposes of this Act, the Secretary of Homeland 
Security shall use the standards established under section 
426 of the Uniting and Strengthening America by Pro-
viding Appropriate Tools Required to Intercept and Ob-
struct Terrorism (USA PATRIOT ACT) Act of 2001 in 
determining whether death occurred as a direct result of 
a specified terrorist activity. 
SEC. 6. DEFINITIONS. 
(a) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY ACT PROVISIONS.—Except as otherwise specifically 
provided in this Act, the definitions used in the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) (exclud-
ing the definitions applicable exclusively to title III of such 
Act) shall apply in the administration of this Act. 
(b) SPECIFIED TERRORIST ACTIVITY.—For purposes 
of this Act, the term ‘‘specified terrorist activity’’ means 
any terrorist activity conducted against the Government 
or the people of the United States on September 11, 2001. 
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