I 
109TH CONGRESS 
1ST SESSION 
H. R. 342 
To provide for adjustment of immigration status for certain aliens granted 
temporary protected status in the United States because of conditions 
in Montserrat. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005 
Mr. OWENS introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for adjustment of immigration status for certain 
aliens granted temporary protected status in the United 
States because of conditions in Montserrat. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN NA-
TIONALS OF MONTSERRAT. 
(a) IN GENERAL.—The status of any alien described 
in subsection (c) shall be adjusted by the Secretary of 
Homeland Security (in this Act referred to as the ‘‘Sec-
retary’’) to that of an alien lawfully admitted for perma-
nent residence, if the alien—
(1) applies for such adjustment within 1 year 
after the date of enactment of this Act; and 
(2) is determined to be admissible to the United 
States for permanent residence. 
(b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI-
CABLE.—For purposes of determining admissibility under 
subsection (a)(2), the grounds for inadmissibility specified 
in paragraphs (4), (5), (6)(A), and 7(A) of section 212(a) 
of the Immigration and Nationality Act shall not apply. 
(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—An alien shall be eligible for adjustment of status 
under subsection (a) only if the alien— 
(1) is a national of Montserrat; and 
(2) was granted temporary protected status in 
the United States pursuant to the designation of 
Montserrat under section 244A(b)(1) of the Immi-
gration and Nationality Act on August 28, 1997. 
SEC. 2. EFFECT OF APPLICATION ON CERTAIN ORDERS. 
An alien present in the United States who has been 
ordered excluded, deported, or removed, or ordered to de-
part voluntarily, from the United States through an order 
of removal issued under the Immigration and Nationality 
Act may, notwithstanding such order of removal, apply for 
adjustment of status under section 1. Such an alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall cancel the order 
of removal. If the Secretary renders a final administrative 
decision to deny the application, the order of removal shall 
be effective and enforceable to the same extent as if the 
application had not been made. 
SEC. 3. WORK AUTHORIZATION. 
The Secretary shall authorize an alien who has ap-
plied for adjustment of status under section 1 to engage 
in employment in the United States during the pendency 
of such application and shall provide the alien with an ap-
propriate document signifying authorization of employ-
ment. 
SEC. 4. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY 
MEMBERS. 
(a) IN GENERAL.—The status of an alien shall be 
adjusted by the Secretary to that of an alien lawfully ad-
mitted for permanent residence if the alien— 
(1) is the spouse, parent, or unmarried son or 
daughter of an alien whose status is adjusted under 
section 1; 
(2) applies for adjustment under this section 
within 2 years after the date of enactment of this 
Act; and
(3) is determined to be admissible to the United 
States for permanent residence. 
(b) CERTAIN GROUNDS FOR EXCLUSION INAPPLI-
CABLE.—For purposes of determining admissibility under 
subsection (a)(3), the grounds for inadmissibility specified 
in paragraphs (4), (5), (6)(A), and 7(A) of section 212(a) 
of the Immigration and Nationality Act shall not apply. 
SEC. 5. AVAILABILITY OF REVIEW. 
(a) ADMINISTRATIVE REVIEW.—The Secretary shall 
provide to aliens applying for adjustment of status under 
section 1 or 4 the same right to, and procedures for, ad-
ministrative 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. 
(b) LIMITATION ON JUDICIAL REVIEW.—A deter-
mination by the Secretary as to whether the status of any 
alien should be adjusted under this Act is final and shall 
not be subject to review by any court. 
SEC. 6. NO OFFSET IN NUMBER OF VISAS AVAILABLE. 
The granting of adjustment of status under section 
1 shall not reduce the number of immigrant visas author-
ized to be issued under any provision of the Immigration 
and Nationality Act. 
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