I
105TH CONGRESS
2D SESSION
H. R. 4652
To provide for adjustment of status for certain nationals of Bangladesh.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 28, 1998
Mr. GILMAN introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide for adjustment of status for certain nationals
of Bangladesh.
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 ‘‘Bangladeshi Adjust-
ment Act’’.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS
OF BANGLADESH.
(a) ADJUSTMENT OF STATUS.—
(1) IN GENERAL.—The status of any alien de-
scribed in subsection (b) shall be adjusted by the At-
torney General to that of an alien lawfully admitted
for permanent residence, if the alien—
(A) applies for such adjustment before
July 1, 2000; 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 shall not
apply.
(2) 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 may, notwithstanding such
order, apply for adjustment of status under para-
graph (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 Attorney General grants
the application, the Attorney General shall cancel
the order. If the Attorney General renders a final
administrative decision to deny the application, 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.—
(1) IN
GENERAL.—The benefits provided by
subsection (a) shall apply to any alien who is a na-
tional of Bangladesh and who has been physically
present in the United States for a continuous period,
beginning not later than January 1, 1987, and end-
ing not earlier than the date the application for ad-
justment under such subsection is filed, except an
alien shall not be considered to have failed to main-
tain continuous physical presence by reason of an
absence, or absences, from the United States for any
periods in the aggregate not exceeding 180 days.
(2) PROOF OF COMMENCEMENT OF CONTINU-
OUS PRESENCE.—For purposes of establishing that
the period of continuous physical presence referred
to in paragraph (1) commenced not later than Janu-
ary 1, 1987, an alien—
(A) shall demonstrate that the alien, prior
to January 1, 1987—
(i) performed service, or engaged in a
trade or business, within the United States
shall be required to establish that they have
been physically present in the United States for
a continuous period, beginning not later than
January 1, 1987, and ending not earlier than
the date the application for adjustment under
this subsection is filed;
(C) the alien applies for such adjustment
and is physically present in the United States
on the date the application is filed;
(D) the alien 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), (7)(A), and (9)(B) of section 212(a) of
the Immigration and Nationality Act shall not
apply; and
(E) applies for such adjustment before
July 1, 2000.
(2) PROOF OF CONTINUOUS PRESENCE.—For
purposes of establishing the period of continuous
physical presence referred to in paragraph (1)(B),
an alien—
(A) shall demonstrate that such period
commenced not later than January 1, 1987, in
a manner consistent with subsection (b)(2); and
(B) 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 period in the aggregate
not exceeding 180 days.
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—
The Attorney General shall provide to applicants for ad-
justment 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.
(f) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Attorney General as to whether the status
of any alien should be adjusted under this section is final
and shall not be subject to review by any court.
(g) APPLICATION OF IMMIGRATION AND NATIONAL-
ITY ACT PROVISIONS.—Except as otherwise specifically
provided in this section, the definitions contained in the
Immigration and Nationality Act shall apply in the admin-
istration of this section. Nothing contained in this section
shall be held to repeal, amend, alter, modify, affect, or
restrict the powers, duties, functions, or authority of the
Attorney General in the administration and enforcement
of such Act or any other law relating to immigration, na-
tionality, 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.
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