I
105TH CONGRESS
1ST SESSION
H. R. 3049
To adjust the immigration status of certain Haitian nationals who were
provided refuge in the United States.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 1997
Mr. CONYERS (for himself, Mrs. MEEK of Florida, Mr. DIAZ-BALART, Ms.
ROS-LEHTINEN, Mr. WATT of North Carolina, Mr. HASTINGS of Florida,
Ms. BROWN of Florida, and Ms. WATERS) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To adjust the immigration status of certain Haitian nationals
who were provided refuge 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 ‘‘Haitian Refugee Immi-
gration Fairness Act of 1997’’.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NA-
TIONALS.
(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 Attorney General to that of an
alien lawfully admitted for permanent residence, if
the alien—
(A) applies for such adjustment before
April 1, 2000; 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 Attorney General grants the appli-
cation, the Attorney General shall cancel the order.
If the Attorney General renders a final administra-
tive 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 is a national of Haiti—
(1) who filed for asylum before December 31,
1995, was paroled into the United States prior to
December 31, 1995, after having been identified as
having a credible fear of persecution, or was paroled
into the United States for emergent reasons or rea-
sons deemed strictly in the public interest; and
(2) has 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, except an alien shall not be
considered to have failed to maintain continuous
physical presence by reason of an absence, or ab-
sences, from the United States for any periods in
the aggregate not exceeding 180 days.
(c) STAY OF REMOVAL.—
(1) IN GENERAL.—The Attorney General shall
provide by regulation for an alien subject to a final
order of deportation, removal, or exclusion to seek a
stay of such order based on the filing of an applica-
tion under subsection (a).
(2) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, the Attorney General shall not order
any alien to be removed from the United States, if
the alien is in exclusion, deportation, or removal pro-
ceedings 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 sub-
section (a), except where the Attorney General has
rendered a final administrative determination to
deny the application.
(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 that if such application
is pending for a period exceeding 180 days, and has
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 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) LIMITATION
ON JUDICIAL REVIEW.—A deter-
mination by the Attorney General 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 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 Act, the definitions contained in the Immi-
gration and Nationality Act shall apply in the administra-
tion of this section. Nothing contained in this Act 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, 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 pre-
clude the alien from seeking such status under any other
provision of law for which the alien may be eligible.
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