I
104TH CONGRESS
1ST SESSION
H. R. 1765
To amend the Immigration and Nationality Act to deny visas and admission
to aliens who have been unlawfully present in the United States for
more than 1 year until they have been outside the United States for
10 years and to repeal the provision allowing adjustment of status
of unlawful aliens in the United States.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 1995
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to deny
visas and admission to aliens who have been unlawfully
present in the United States for more than 1 year until
they have been outside the United States for 10 years
and to repeal the provision allowing adjustment of status
of unlawful aliens 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. EXCLUSION OF ALIENS UNLAWFULLY PRESENT
IN THE UNITED STATES FOR MORE THAN 1
YEAR 
UNTIL 
HAVE 
BEEN 
OUTSIDE 
THE
UNITED STATES FOR 10 YEARS.
(a) IN GENERAL.—Section 212(a)(6) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(6)) is
amended by adding at the end the following new subpara-
graph:
‘‘(G) ALIENS PRESENT UNLAWFULLY FOR
MORE THAN 1 YEAR.—
‘‘(i) IN GENERAL.—Any alien who was
unlawfully present in the United States
during a period totaling 1 year is exclud-
able unless the alien has remained outside
the United States for a period totaling at
least 10 years.
‘‘(ii) EXCEPTIONS.—
‘‘(I) 
MINORS.—In 
applying
clause (i) no period of time before the
alien’s 18th birthday shall be taken
into account in determining the period
of unlawful presence in the United
States.
‘‘(II) ASYLEES.—No period of
time in which an alien has a bona fide
application for asylum pending under
section 208 shall be taken into ac-
count in determining the period of un-
lawful presence in the United States
under clause (i).
‘‘(iii) 
EXTENSION.—The 
Attorney
General may extend the period of 1 year
under clause (i) to a period of 15 months
in the case of an alien who applies to the
Attorney General (before the alien has
been present unlawfully in the United
States for a period totaling 1 year) and es-
tablishes to the satisfaction of the Attorney
General that—
‘‘(I) the alien is not excludable
under clause (i) at the time of the ap-
plication, and
‘‘(II) the failure to extend such
period would constitute an extreme
hardship for the alien.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act, except that no period of time before the
date of the enactment of this Act shall be included in the
period of 1 year described in section 212(a)(6)(G)(i) of
the Immigration and Nationality Act (added by such
amendment).
SEC. 2. REPEAL OF ADJUSTMENT OF STATUS OF UNLAW-
FUL ALIENS.
(a) IN GENERAL.—Subsection (i) of section 245 of
the Immigration and Nationality Act (8 U.S.C. 1255), as
added by section 605(b) of the Department of State and
Related Agencies Appropriations Act, 1995 (Public Law
103–317, 108 Stat. 1765), is amended by repealed.
(b) EFFECTIVE DATE.—The repeal made by sub-
section (a) shall apply to applications for adjustment of
status filed before, on, or after the date of the enactment
of this Act, except such applications as were approved as
of the date of the enactment of this Act. In the case of
such an application for adjustment filed, but not approved,
as of the date of the enactment of this Act, the Attorney
General shall promptly refund to the applicant the amount
of the application fee paid.
Æ