‘‘(3) DETERMINATIONS
WITH
RESPECT
TO 
CHILDREN.— 
‘‘(A) 
USE
OF
APPLICATION
FILING 
DATE.—Determinations made under this sub-
section as to whether an individual is a child of 
a parent shall be made using the age and status 
of the individual on the date of the enactment 
of this section. 
‘‘(B) APPLICATION
SUBMISSION
BY
PAR-
ENT.—Notwithstanding paragraph (1)(C), an 
application under this subsection filed based on 
status as a child may be filed for the benefit of 
such child by a parent or guardian of the child, 
if the child is physically present in the United 
States on such filing date.’’. 
SEC. 505. NEW APPLICATIONS AND MOTIONS TO REOPEN. 
(a) NEW APPLICATIONS.—Notwithstanding section 
902(a)(1)(A) of the Haitian and Immigrant Fairness Act 
of 1998, an alien who is eligible for adjustment of status 
under such Act, as amended by section 504 of this Act, 
may submit an application for adjustment of status under 
such Act not later than the later of— 
(1) 2 years after the date of the enactment of 
this Act; and
(2) 1 year after the date on which final regula-
tions implementing section 504 are promulgated. 
(b) MOTIONS TO REOPEN.—The Secretary of Home-
land Security shall establish procedures for the reopening 
and reconsideration of applications for adjustment of sta-
tus under the Haitian Refugee Immigration Fairness Act 
of 1998 that are affected by the amendments under sec-
tion 504 of this Act. 
(c) RELATIONSHIP OF APPLICATION TO CERTAIN OR-
DERS.—Section 902(a)(3) of the Haitian and Immigrant 
Fairness Act of 1998 shall apply to an alien present in 
the United States who has been ordered excluded, de-
ported, removed, or ordered to depart voluntarily, and who 
files an application under subsection (a), or a motion 
under subsection (b), in the same manner as such section 
902(a)(3) applied to aliens filing applications for adjust-
ment of status under such Act before April 1, 2000. 
SEC. 506. SENSE OF CONGRESS REGARDING TEMPORARY 
PROTECTED STATUS FOR HAITIANS. 
It is the sense of the Congress that the Secretary of 
Homeland Security should be more liberal with respect to 
Haiti in deciding whether to designate that country for 
temporary protected status under section 244(b)(1)(A) of 
the 
Immigration 
and 
Nationality 
(8 
U.S.C. 
1254(b)(1)(A)). It is the sense of the Congress that this
decision has sometimes been made without due regard to 
the serious threat to personal safety that results from 
sending Haitians back to Haiti during a period of ongoing 
armed conflict in that country. 
TITLE VI—LIBERIAN REFUGEE 
RELIEF 
SEC. 601. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN 
NATIONALS. 
(a) ADJUSTMENT OF STATUS.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of any alien described in subsection (b) shall 
be adjusted by the Secretary of Homeland Security 
to that of an alien lawfully admitted for permanent 
residence, if the alien— 
(A) applies for such adjustment before 
April 1, 2005; and 
(B) is otherwise eligible to receive an im-
migrant visa and is otherwise admissible to the 
United States for permanent residence, except 
in determining such admissibility 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.
(2) RELATIONSHIP OF APPLICATION TO CER-
TAIN
ORDERS.—An alien present in the United 
States who has been ordered excluded, deported, re-
moved, 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 on submitting or granting such applica-
tion, to file a motion to reopen, reconsider, or vacate 
such order. If the Secretary of Homeland Security 
grants the application, the Secretary of Homeland 
Security shall cancel the order. If the Secretary of 
Homeland Security renders a final administrative 
decision to deny the application, the order shall be 
effective and enforceable to the same extent as if the 
application had not been made. 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—The benefits provided by subsection (a) shall apply 
to any alien who— 
(1) is a national of Liberia; and 
(2)(A) who was granted temporary protected 
status on or after March 27, 1991; or 
(B) was eligible to apply for temporary pro-
tected status on or after March 27, 1991.
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall provide by regulation for an alien sub-
ject to a final order of deportation or removal or ex-
clusion to seek a stay of such order based on the fil-
ing of an application under subsection (a). 
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Secretary of Homeland Security 
shall not order any alien to be removed from the 
United States, if the alien is in exclusion, deporta-
tion, or removal proceedings under any provision of 
such Act and raises as a defense to such an order 
the eligibility of the alien to apply for adjustment of 
status under subsection (a), except where the Sec-
retary of Homeland Security has rendered a final 
administrative determination to deny the application. 
(3) WORK AUTHORIZATION.—The Secretary of 
Homeland Security 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 signi-
fying authorization of employment, except that if
such application is pending for a period exceeding 
180 days, and has not been denied, the Secretary of 
Homeland Security shall authorize such employment. 
(d) ADJUSTMENT OF STATUS FOR SPOUSES AND 
CHILDREN.— 
(1) IN
GENERAL.—Notwithstanding section 
245(c) of the Immigration and Nationality Act, the 
status of an alien shall be adjusted by the Secretary 
of Homeland Security to that of an alien lawfully 
admitted for permanent residence, if— 
(A) the alien is a national of Liberia; 
(B) the alien is the spouse, child, or un-
married son or daughter, of an alien whose sta-
tus is adjusted to that of an alien lawfully ad-
mitted for permanent residence under sub-
section (a), except that in the case of such an 
unmarried son or daughter, the son or daughter 
shall be required to establish that they have 
been physically present in the United States for 
at least 1 year and is physically present in the 
United States on the date the application for 
such adjustment is filed; 
(C) the alien applies for such adjustment 
and is physically present in the United States 
on the date the application is filed; and
(D) the alien is otherwise eligible to receive 
an immigration visa and is otherwise admissible 
to the United States for permanent residence, 
except in determining such admissibility the 
grounds for exclusion specified in paragraphs 
(4), (5), (6)(A), and (7)(A) of section 212(a) of 
the Immigration and Nationality Act shall not 
apply. 
(2) PROOF OF CONTINUOUS PRESENCE.—For 
purposes of establishing the period of continuous 
physical presence referred to in paragraph (1)(B), 
an alien shall not be considered to have failed to 
maintain continuous physical presence by reason of 
an absence, or absences, from the United States for 
any periods in aggregate not exceeding 180 days. 
(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— 
The Secretary of Homeland Security shall provide to ap-
plicants for adjustment 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) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Secretary of Homeland Security as to 
whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by 
any court. 
(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 
issued under any provision of the Immigration and Na-
tionality Act. 
(h) APPLICATION
OF IMMIGRATION
AND NATION-
ALITY 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, effect, or re-
strict the powers, duties, functions, or authority of the 
Secretary of Homeland Security in the administration and 
enforcement of such Act or any other law relating to immi-
gration, nationality, 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 sta-
tus under any other provision of law for which the alien 
may be eligible. 
TITLE VII—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
SEC. 701. REFUGEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF REFUGEES. 
Section 207(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1157(c)(2)) is amended by adding at the 
end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of a refugee to be a child of the refugee for 
purposes of this paragraph.’’. 
SEC. 702. ASYLEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF ASYLEES. 
Section 208(b)(3) of the Immigration and Nationality 
Act (8 U.S.C. 1158(b)(3)) is amended by adding at the 
end the following: 
‘‘(C) When warranted by unusual cir-
cumstances or to preserve family unity, the At-
torney General may, in the Attorney General’s 
discretion, consider an unmarried son or daugh-
ter of an alien who is granted asylum under
this subsection to be a child of the alien for 
purposes of this paragraph.’’. 
SEC. 703. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)(2)) is amended— 
(1) by striking subparagraph (B); 
(2) in subparagraph (C), by striking ‘‘(D),’’ and 
inserting ‘‘(C),’’; 
(3) in subparagraph (D)— 
(A) by striking ‘‘subparagraphs (B) and 
(C),’’ and inserting ‘‘subparagraph (B),’’; 
(B) by striking ‘‘either’’; and 
(C) by striking ‘‘asylum or extraordinary’’ 
and all that follows through the period at the 
end and inserting ‘‘asylum.’’; and 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 704. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(42)) is amended by adding at the end the fol-
lowing: 
‘‘(C) For purposes of determinations under 
this Act, a person who establishes that he or
she suffered persecution in the past, or has a 
well-founded fear of persecution, on account of 
gender shall be considered to have suffered per-
secution, or to have a well-founded fear of per-
secution, on account of membership in a par-
ticular social group.’’. 
(b) RESTRICTION ON REMOVAL TO COUNTRY WHERE 
ALIEN WOULD BE THREATENED.—Section 241(b)(3) of 
such Act (8 U.S.C. 1231(b)(3)) is amended by adding at 
the end the following: 
‘‘(C) GENDER-BASED PERSECUTION.—For 
purposes of determinations under this para-
graph, an alien who establishes that the alien’s 
life or freedom would be threatened in a coun-
try on account of gender shall be considered to 
have established that the alien’s life or freedom 
would be threatened in that country on account 
of membership in a particular social group.’’. 
SEC. 705. ELIMINATION OF ARBITRARY CAP ON PERSONS 
ELIGIBLE TO ADJUST STATUS FROM ASYLEES 
TO LEGAL PERMANENT RESIDENTS. 
Section 209(b) of the Immigration and Nationality 
Act (8 U.S.C. 1159(b)) is amended by striking ‘‘Not more 
than 10,000 of the’’ and all that follows through ‘‘to ad-
just’’ and inserting ‘‘Subject to a numerical limitation de-
termined by the President before the beginning of each 
fiscal year, the Attorney General may adjust, in the Attor-
ney General’s discretion and under such regulations as the 
Attorney General may prescribe,’’. 
TITLE VIII—TEMPORARY 
PROTECTED STATUS 
SEC. 801. ADJUSTMENT OF STATUS FOR CERTAIN RECIPI-
ENTS OF TEMPORARY PROTECTED STATUS. 
(a) IN GENERAL.—Section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255) is amended by add-
ing at the end the following: 
‘‘(n)(1) If, in the opinion of the Secretary of the 
Homeland Security Department, a person granted tem-
porary protected status under section 244— 
‘‘(A) has been physically present in the United 
States in that status for a continuous period of at 
least 5 years; 
‘‘(B) has at all times been a person of good 
moral character; 
‘‘(C) has never been convicted of a criminal of-
fense in the United States; 
‘‘(D) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(E) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(F) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service; 
the Secretary may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence. 
‘‘(2) An alien shall not be considered to have failed 
to maintain a continuous presence in the United States 
for purposes of subsection (a)(1) by virtue of brief, casual, 
and innocent absences from the United States. 
‘‘(3)(A) The alien shall establish that the alien is ad-
missible to the United States as immigrant, except as oth-
erwise provided in paragraph (2). 
‘‘(B) The provisions of paragraphs (5), (6)(A), 
(6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
(9)(C)(i)(I) of section 212(a) shall not apply in the deter-
mination of an alien’s admissibility under this section. 
‘‘(4) When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
‘‘(5) The Secretary of Homeland Security may termi-
nate removal proceedings without prejudice pending the 
outcome of an alien’s application for adjustment of status 
under this section on the basis of a prima facie showing 
of eligibility for relief under this section.’’. 
(b) LIMITATION ON CONSIDERATION IN THE SENATE 
OF LEGISLATION ADJUSTING STATUS.—Section 244 of 
the Immigration and Nationality Act (8 U.S.C. 1254a) is 
amended by striking subsection (h) and redesignating sub-
section (i) as subsection (h). 
SEC. 802. FOREIGN STATE DESIGNATIONS. 
Section 244(b)(1)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1254a(b)(1)(C)) is amended to change 
the following phrase ‘‘the Attorney General finds that 
there exist extraordinary and temporary conditions in the 
foreign state that prevent aliens who are nationals of the 
state from returning to the state in safety,’’ so that it 
reads as follows: ‘‘the Secretary of Homeland Security 
finds that extraordinary and temporary conditions in the 
foreign state make returning aliens to the state undesir-
able for humanitarian reasons,’’.
SEC. 803. TECHNICAL CORRECTION. 
Section 244 of the Immigration and Nationality Act 
(8 U.S.C. 1254a) is amended by striking ‘‘Attorney Gen-
eral’’ each place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. PHYSICAL PRESENCE REQUIREMENT. 
Section 316(a) of the Immigration and Nationality 
Act (8 U.S.C. 1427) is amended by adding at the end the 
following: 
‘‘When warranted by extraordinary circumstances, 
the Secretary of Homeland Security may reduce, by not 
more than 90 days, the physical presence requirement de-
scribed in the preceding sentence.’’. 
SEC. 902. ABSENCES FROM THE UNITED STATES. 
Section 316(b) of the Immigration and Nationality 
Act (8 U.S.C. 1427(b)) is amended—
(1) in the first sentence, by striking ‘‘one year’’ 
and inserting ‘‘18 months’’; and 
(2) in the second sentence, by striking ‘‘contin-
uous period of one year’’ and inserting ‘‘continuous 
period of 18 months’’.
SEC. 903. ELIMINATING THE WIDOWED IMMIGRANT’S 2–
YEAR MARRIAGE PENALTY. 
Section 201(b)(2)(A)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1251(b)(2)(A)(i)) is amended—
(1) by striking ‘‘for at least 2 years’’; and 
(2) by inserting ‘‘, proves by a preponderance 
of the evidence that the marriage was entered into 
in good faith and not for the purpose of obtaining 
an immigration benefit,’’ after ‘‘within 2 years after 
such date’’. 
SEC. 904. ELIMINATE THE WIDOWED PERMANENT RESI-
DENT’S NATURALIZATION PENALTY. 
Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1429(a)) is amended by inserting ‘‘or, if 
the spouse is deceased, the spouse was a citizen of the 
United States,’’ after ‘‘(a) Any person whose spouse is a 
citizen of the United States,’’. 
SEC. 905. ELIMINATION OF BAN ON STATE AND LOCAL GOV-
ERNMENTS FROM PREVENTING COMMUNICA-
TIONS WITH THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is repealed. 
(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL 
PUBLIC BENEFITS.—Section 432 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1642) is repealed. 
SEC. 906. ELIMINATION OF AUTHORITY TO PERMIT STATE 
PERSONNEL TO CARRY OUT IMMIGRATION 
OFFICER FUNCTIONS. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is repealed.
Æ