and Naturalization Service on or before April 1,
1990; or
(4) a Haitian national—
(A) who has been physically present in the
United States for at least 1 year; and
(B) who—
(i) was physically present in the Unit-
ed States on December 31, 1995;
(ii) filed for asylum before December
31, 1995; or
(iii) was paroled into the United
States—
(I) prior to December 31, 1995,
after having been identified as having
a credible fear of persecution; or
(II) for emergent reasons or rea-
sons deemed strictly in the public in-
terest.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation or 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, the Attorney General shall not issue a
final order of removal against an alien, if the alien
is in exclusion, deportation, or removal proceedings
under any provision of such Act and raises as a de-
fense to such an order the eligibility of the alien to
apply for adjustment of status under subsection (a),
except where the Attorney General has rendered a
final administrative determination to deny the appli-
cation.
(3) WORK
AUTHORIZATION.—The Attorney
General may 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 and may provide the
alien with an ‘‘employment authorized’’ endorsement
or other appropriate document signifying authoriza-
tion of employment, except if such application is
pending for a period exceeding 180 days, and has
not been denied, the Attorney General shall author-
ize such employment.
(d) ADJUSTMENT
OF STATUS
FOR SPOUSES
AND
CHILDREN.—Notwithstanding section 245(c) of the Immi-
gration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if—
(1) the alien is a national of El Salvador, Gua-
temala, or Haiti;
(2) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a);
(3) the alien applies for such adjustment and is
physically present in the United States on the date
the application is filed; and
(4) the alien is otherwise admissible to the
United States for permanent residence, except in de-
termining 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 Immigra-
tion and Nationality Act shall not apply.
(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) JUDICIAL REVIEW.—A determination by the At-
torney General as to whether the status of any alien
should be adjusted under this section is subject to judicial
review in accordance with chapter 7 of title 5, United
States Code.
(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.—
When an alien is granted the status of having been law-
fully admitted for permanent residence pursuant to this
section, the Secretary of State shall not be required to re-
duce the number of immigrant visas authorized to be is-
sued under any provision of the Immigration and Nation-
ality Act.
(h) 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.
SEC. 3. AMENDMENTS TO NICARAGUAN ADJUSTMENT AND
CENTRAL AMERICAN RELIEF ACT.
(a) ELIMINATION OF LIMITATIONS ON JUDICIAL RE-
VIEW.—
(1) ADJUSTMENT OF STATUS OF CERTAIN NICA-
RAGUANS AND CUBANS.—Section 202(f) of the Nica-
raguan Adjustment and Central American Relief Act
is amended to read as follows:
‘‘(f) JUDICIAL REVIEW.—A determination by the At-
torney General as to whether the status of any alien
should be adjusted under this section is subject to judicial
review in accordance with chapter 7 of title 5, United
States Code.’’.
(2) SPECIAL
RULE
FOR
CERTAIN
ALIENS
GRANTED TEMPORARY PROTECTION FROM DEPORTA-
TION.—Section 309(c)(5)(C)(ii) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of
1996, as added by section 203(a)(1) of the Nica-
raguan Adjustment and Central American Relief
Act, is amended to read as follows:
‘‘(ii) JUDICIAL
REVIEW.—A deter-
mination by the Attorney General as to
whether an alien satisfies the requirements
of clause (i) is subject to judicial review in
accordance with chapter 7 of title 5, Unit-
ed States Code. Nothing in the preceding
sentence shall be construed as limiting the
application of section 242(a)(2)(B) of the
Immigration and Nationality Act (as in ef-
fect after the title III–A effective date) to
other eligibility determinations pertaining
to discretionary relief under this Act.’’.
(b) ELIMINATION OF TEMPORARY REDUCTIONS IN
VISAS.—Section 203 of the Nicaraguan Adjustment and
Central American Relief Act is amended—
(1) by striking subsections (d) and (e); and
(2) by redesignating subsection (f) as sub-
section (d).
(c) EFFECTIVE DATE.—The amendments made by
this section—
(1) shall take effect upon the enactment of the
Nicaraguan Adjustment and Central American Re-
lief Act; and
(2) shall be effective as if included in the enact-
ment of such Act.
Æ