I 
108TH CONGRESS 
1ST SESSION H. R. 1300
To amend the Nicaraguan Adjustment and Central American Relief Act 
to identify and register certain Central Americans residing in the United 
States. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2003
Mr. TOM DAVIS of Virginia (for himself, Mr. BERMAN, Mr. CANNON, Mr. 
FRANK of Massachusetts, Mr. SMITH of New Jersey, Ms. SOLIS, Mr. 
LINCOLN DIAZ-BALART of Florida, Ms. ROYBAL-ALLARD, and Mr. 
MORAN of Virginia) 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 identify and register certain Central Ameri-
cans residing 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. SHORT TITLE. 
This Act may be cited as the ‘‘Central American Se-
curity Act’’.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS 
FROM EL SALVADOR, GUATEMALA, AND HON-
DURAS. 
Section 202 of the Nicaraguan Adjustment and Cen-
tral American Relief Act (8 U.S.C. 1255 note) is amend-
ed—
(1) in the section heading, by striking ‘‘NICA-
RAGUANS
AND
CUBANS’’ and inserting ‘‘NICA-
RAGUANS, CUBANS, SALVADORANS, GUATEMALANS, 
AND HONDURANS’’; 
(2) in subsection (a)(1)(A), by striking ‘‘April 
1, 2000’’ and inserting ‘‘two years after the promul-
gation of a final rule implementing the Central 
American Security Act’’; 
(3) in subsection (b)(1), by striking ‘‘Nicaragua 
or Cuba’’ and inserting ‘‘Nicaragua, Cuba, El Sal-
vador, Guatemala, or Honduras’’; and 
(4) in subsection (d)(1)(E), by striking ‘‘April 
1, 2000’’ and inserting ‘‘two years after the promul-
gation of a final rule implementing the Central 
American Security Act’’.
SEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS 
MADE BY SECTION 203 OF THE NICARAGUAN 
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT. 
An application for relief properly filed by a national 
of Guatemala or El Salvador under the amendments made 
by section 203 of the Nicaraguan Adjustment and Central 
American Relief Act which was filed on or before the date 
of the enactment of this Act, and on which a final adminis-
trative determination has not been made, shall, at the elec-
tion of the applicant, be considered to be an application 
for adjustment of status under the provisions of section 
202 of the Nicaraguan Adjustment and Central American 
Relief Act, as amended by this Act, upon the payment of 
any fees, and in accordance with procedures, that the At-
torney General shall prescribe by regulation. The Attorney 
General may not refund any fees paid in connection with 
an application filed by a national of Guatemala or El Sal-
vador under the amendments made by section 203 of that 
Act. 
SEC. 4. TECHNICAL AMENDMENTS TO THE NICARAGUAN 
ADJUSTMENT AND CENTRAL AMERICAN RE-
LIEF ACT. 
(a) IN GENERAL.—Section 202 of the Nicaraguan 
Adjustment and Central American Relief Act (8 U.S.C. 
1255 note) is amended—
(1) in subsection (a)—
(A) by inserting before the period at the 
end of paragraph (1)(B) the following: ‘‘, and 
the Attorney General may waive the grounds of 
inadmissibility specified in subparagraphs (A)(i) 
and (6)(C) of section 212(a)(1) of such Act for 
humanitarian purposes, to assure family unity, 
or when it is otherwise in the public interest’’; 
and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, or 
removed, 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. Such an alien may be required to 
seek a stay of such an order in accordance with sub-
section (c) to prevent the execution of the order 
pending the adjudication of the application for ad-
subsection (a) or pursuant to the 
amendments made by section 203; 
‘‘(II) in the case of such a 
spouse, stepchild, or unmarried step-
son or stepdaughter, the spouse, step-
child, stepson, or stepdaughter shall 
be required to establish that the quali-
fying marriage was entered into be-
fore the date of the enactment of the 
Central American Security Act; and 
‘‘(III) in the case of such an un-
married son or daughter, the son or 
daughter shall be required to establish 
that the son or daughter has been 
physically present in the United 
States for a continuous period begin-
ning not later than December 1, 
1995, and ending not earlier than the 
date on which the application for ad-
justment under this subsection is 
filed; or 
‘‘(ii) was, at the time at which a prin-
cipal alien filed for adjustment under sub-
section (a) or pursuant to the amendments 
made by section 203, the spouse or child of
such principal alien, the status of such 
principal alien is adjusted to that of an 
alien lawfully admitted for permanent resi-
dence under subsection (a) or pursuant to 
the amendments made by section 203, and 
the spouse, child, or child of the spouse 
has been battered or subjected to extreme 
cruelty by such principal alien;’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(3) ELIGIBILITY OF CERTAIN SPOUSES AND 
CHILDREN FOR ISSUANCE OF IMMIGRANT VISAS.—
‘‘(A) IN
GENERAL.—In accordance with 
regulations to be promulgated by the Attorney 
General and the Secretary of State, upon ap-
proval of an application for adjustment of sta-
tus to that of an alien lawfully admitted for 
permanent residence under subsection (a) or 
pursuant to the amendments made by section 
203, an alien who is the spouse or child of the 
alien being granted such status may be issued 
a visa for admission to the United States as an 
immigrant following to join the principal appli-
cant, if the spouse or child—
‘‘(i) satisfies the requirements in 
paragraphs (1)(B) and (1)(D); and 
‘‘(ii) applies for such a visa within a 
time period to be established by such regu-
lations. 
‘‘(B) RETENTION
OF
FEES
FOR
PROC-
ESSING APPLICATIONS.—The Secretary of State 
may retain fees to recover the cost of immi-
grant visa application processing and issuance 
for certain spouses and children of aliens whose 
applications for adjustment of status under sub-
section (a) have been approved. Such fees—
‘‘(i) shall be deposited as an offsetting 
collection to any Department of State ap-
propriation to recover the cost of such 
processing and issuance; and 
‘‘(ii) shall be available until expended 
for the same purposes of such appropria-
tion to support consular activities.’’; 
(5) in subsection (g), by inserting ‘‘, or an im-
migrant classification,’’ after ‘‘for permanent resi-
dence’’; and 
(6) by adding at the end the following new sub-
section:
‘‘(i) STATUTORY CONSTRUCTION.—Nothing in this 
section authorizes any alien to apply for admission to, be 
admitted to, be paroled into, or otherwise lawfully return 
to the United States, to apply for, or to pursue an applica-
tion for adjustment of status under this section without 
the express authorization of the Attorney General.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
paragraphs (1)(B), (2), and (6) shall be effective as if in-
cluded in the enactment of the Nicaraguan Adjustment 
and Central American Relief Act. The amendments made 
by paragraphs (1)(A), (3), (4), and (5) shall take effect 
on the date of the enactment of this Act. 
SEC. 5. SECURITY AND CRIMINAL BACKGROUND INVES-
TIGATIONS. 
Notwithstanding any other provision of law, no appli-
cant for relief under this Act, or the amendments made 
by this Act, is eligible to receive a waiver from any security 
or criminal background investigation required to process 
an application under section 202 of the Nicaraguan Ad-
justment and Central American Relief Act (8 U.S.C. 1255 
note). All applicants seeking relief under this Act, or the 
amendments made by this Act, shall submit fingerprints 
to the appropriate government agency in order to facilitate 
such processing.