I
107TH CONGRESS
1ST SESSION
H. R. 348
To amend the Nicaraguan Adjustment and Central American Relief Act
to provide to certain nationals of El Salvador, Guatemala, Honduras,
and Haiti an opportunity to apply for adjustment of status under that
Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. GUTIERREZ introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Nicaraguan Adjustment and Central American
Relief Act to provide to certain nationals of El Salvador,
Guatemala, Honduras, and Haiti an opportunity to apply
for adjustment of status under that Act, 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 ‘‘Central American and
Haitian Adjustment Act of 1999’’.
HR 348 IH
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS
FROM 
EL 
SALVADOR, 
GUATEMALA, 
HON-
DURAS, AND HAITI.
(a) Section 202 of the Nicaraguan Adjustment and
Central American Relief Act is amended—
(1) in the section heading, by striking ‘‘NICA-
RAGUANS AND CUBANS’’ and inserting ‘‘NICA-
RAGUANS, CUBANS, SALVADORANS, GUATE-
MALANS, HONDURANS, and HAITIANS’’;
(2) in subparagraph (a)(1)(A), by striking
‘‘2000’’ and inserting ‘‘2003’’;
(3) in paragraph (b)(1), by striking ‘‘Nicaragua
or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal-
vador, Guatemala, Honduras, or Haiti’’;
(4) in subparagraph (d)(1)(E), by striking
‘‘2000’’ and inserting ‘‘2003’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall be effective upon the date of enactment
of this Act.
SEC. 3. APPLICATIONS PENDING UNDER SECTION 203 OF
THE NICARAGUAN ADJUSTMENT AND CEN-
TRAL AMERICAN RELIEF ACT.
An application for relief properly filed by a national
of Guatemala or El Salvador under section 203 of the Nic-
araguan Adjustment and Central American Relief Act
which was filed on or before the date of enactment of this
HR 348 IH
Act, and on which a final administrative determination has
not been made, may be converted by the applicant to an
application for adjustment of status under the provisions
of section 202 of the Nicaraguan Adjustment and Central
American Relief Act, as amended, upon the payment of
any fees, and in accordance with procedures, that the At-
torney General shall prescribe by regulation. The Attorney
General shall not be required to refund any fees paid in
connection with an application filed by a national of Gua-
temala or El Salvador under section 203 of the Nica-
raguan Adjustment and Central American Relief Act.
SEC. 4. APPLICATIONS PENDING UNDER THE HAITIAN REF-
UGEE IMMIGRATION FAIRNESS ACT OF 1998.
An application for adjustment of status properly filed
by a national of Haiti under the Haitian Refugee Immi-
gration Fairness Act of 1998 which was filed on or before
the date of enactment of this Act, and on which a final
administrative determination has not been made, may be
considered by the Attorney General, in her unreviewable
discretion, to also constitute an application for adjustment
of status under the provisions of section 202 of the Nica-
raguan Adjustment and Central American Relief Act, as
amended.
HR 348 IH
SEC. 5. TECHNICAL AMENDMENTS TO THE NICARAGUAN
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT.
(a) Section 202 of the Nicaraguan Adjustment and
Central American Relief Act is amended—
(1) in subparagraph (a)(1)(B), by adding after
the word ‘‘apply’’—‘‘and the Attorney General may,
in her unreviewable discretion, waive the grounds of
inadmissibility specified in clause 212(a)(1)(A)(i)
and paragraph 212(a)(6)(C) of the Immigration and
Nationality Act for humanitarian purposes, to as-
sure family unity, or when it is otherwise in the pub-
lic interest’’;
(2) in subsection (a), by redesignating para-
graph (2) as paragraph (3), and adding the fol-
lowing as paragraph (2)—
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In determining the eligibility of an alien de-
scribed in subsection, (b) or (d) for either adjust-
ment of status under this section or other relief nec-
essary to establish eligibility for such adjustment,
the provisions of section 241(a)(5) of the Immigra-
tion and Nationality Act shall not apply. In addition,
an alien who would otherwise be inadmissible pursu-
ant to sections 212(a)(9) (A) or (C) of the Immigra-
tion and Nationality Act may apply for the Attorney