I 
108TH CONGRESS 
2D SESSION 
H. R. 3918
To amend the Immigration and Nationality Act to reunify families, permit 
earned access to permanent resident status, provide protection against 
unfair immigration-related employment practices, reform the diversity 
visa program, provide adjustment of status for Haitians and Liberian 
nationals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2004
Ms. JACKSON-LEE of Texas (for herself and Mr. CONYERS) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to reunify 
families, permit earned access to permanent resident sta-
tus, provide protection against unfair immigration-related 
employment practices, reform the diversity visa program, 
provide adjustment of status for Haitians and Liberian 
nationals, and for other purposes.
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 ‘‘Comprehensive Immi-
gration Fairness Reform Act of 2004’’.
TITLE I—FAMILY 
REUNIFICATION 
SEC. 101. PERMANENT APPLICATION OF SECTION 245(i). 
Section 245(i) of the Immigration and Nationality 
Act (8 U.S.C. 1255(i)) is amended—
(1) by inserting ‘‘and’’ at the end of paragraph 
(1)(A); 
(2) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) who is the beneficiary (including a 
spouse or child of the principal alien) of—
‘‘(i) a petition for classification under 
section 204; or 
‘‘(ii) an application for a labor certifi-
cation under section 212(a)(5)(A);’’; 
(3) by striking paragraph (1)(C); and 
(4) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’.
SEC. 102. DISCRETIONARY WAIVER OF INADMISSIBILITY 
BASED ON UNLAWFUL PRESENCE, FAILURE 
TO ATTEND REMOVAL PROCEEDINGS, AND 
MISREPRESENTATIONS. 
(a) IN GENERAL.—Section 212(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(i)) is amended to read 
as follows: 
‘‘(i) The Secretary of Homeland Security may waive 
the application of subparagraph (A)(i) or (B), or clause 
(i) or (ii) of subparagraph (C), of subsection (a)(6) in the 
case of an immigrant who is the parent, spouse, son, or 
daughter of a United States citizen or of an alien lawfully 
admitted to the United States for permanent residence, 
if it is established to the satisfaction of the Secretary that 
the refusal of admission to the United States of such im-
migrant would result in hardship to the immigrant or to 
such citizen or lawful permanent resident parent, spouse, 
son, or daughter.’’. 
(b) CONFORMING AMENDMENTS.—Section 212(a)(6) 
of such Act (8 U.S.C. 1182(a)(6)) is amended—
(1) in subparagraph (A), by adding at the end 
the following: 
‘‘(iii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; 
(2) in subparagraph (B)—
(A) by inserting ‘‘(i)’’ after the subpara-
graph heading; and 
(B) by adding at the end the following: 
‘‘(ii) WAIVER
AUTHORIZED.—For a 
provision authorizing the waiver of clause 
(i), see subsection (i).’’; and 
(3) in subparagraph (C)(iii), by inserting ‘‘or 
(ii)’’ after ‘‘(i)’’. 
SEC. 103. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN GENERAL.—Section 212(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(d)) is amended 
by adding at the end the following: 
‘‘(14) The Secretary of Homeland Security may, in 
the discretion of the Secretary, for humanitarian purposes, 
to assure family unity, or when it is otherwise in the public 
interest, waive the application of subparagraph (A) or 
(B)(i) of subsection (a)(9).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is 
amended by striking clause (v).
SEC. 104. ADDRESSING THE PROBLEM OF VISA NUMBER 
BACKLOGS FOR THE FAMILY MEMBERS OF 
CITIZENS AND LAWFUL PERMANENT RESI-
DENTS. 
(a) CLASSES OF NONIMMIGRANT ALIENS.—Section 
101(a)(15)(K) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(K)) is amended—
(1) by striking ‘‘or’’ at the end of clause (ii); 
(2) by adding ‘‘or’’ at the end of clause (iii); 
and 
(3) by adding at the end the following: 
‘‘(iv)(I) has concluded a valid mar-
riage with an alien lawfully admitted for 
permanent residence, is the parent of a cit-
izen of the United States, or is the son or 
daughter of an alien lawfully admitted for 
permanent residence or a citizen of the 
United States; (II) is the beneficiary of a 
petition to accord immigrant status on the 
basis of such family relationship that was 
filed under section 204 by such family 
member; (III) has waited more than 6 
months for the approval of such petition or 
the availability to the alien of an immi-
grant visa; and (IV) seeks to enter the 
United States to await the approval of
such petition and the availability to the 
alien of an immigrant visa;’’. 
(b) 
ADMISSION
OF
NONIMMIGRANTS.—Section 
214(d) of such Act (8 U.S.C. 1184(d)) is amended—
(1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) A visa shall not be issued under the provisions 
of section 101(a)(15)(K)(iv) until the consular officer has 
received a petition filed in the United States by the lawful 
permanent resident or citizen relative of the applying alien 
and approved by the Secretary of Homeland Security. The 
petition shall be in such form and contain such informa-
tion as the Secretary shall, by regulation, prescribe.’’. 
SEC. 
105. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101) is amended by adding at the end the fol-
lowing: 
‘‘(j) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Secretary of Homeland Security 
may treat any conviction that did not result in incarcer-
ation for more than 1 year as if such conviction were not 
a conviction for an aggravated felony. This discretion may
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 106. AGE-OUT PROTECTION FOR CHILDREN. 
(a) IN GENERAL.—Chapter 1 of title IV of the Immi-
gration and Nationality Act (8 U.S.C. 1101 note) is 
amended by adding at the end the following: 
‘‘AGE-OUT PROTECTION FOR CHILDREN 
‘‘SEC. 408. (a) IN GENERAL.—In the case of an ap-
plication initially to grant a benefit under this Act (other 
than an application for naturalization) that otherwise 
would be granted only after a determination that the bene-
ficiary of the application is a child (such as classification 
as an immediate relative under section 201(b)(2)(A)(i)), 
if the application is neither approved nor denied (on proce-
dural or substantive grounds) during the 90-day period 
beginning on the date of the filing of the application, the 
beneficiary shall be considered to be a child for all pur-
poses related to the receipt of the benefit if the beneficiary 
was a child on the last day of such 90-day period, and 
the beneficiary shall not otherwise be prejudiced with re-
spect to such determination by such delay, and shall be 
considered to be a child under this Act for all purposes 
related to such application. 
‘‘(b) TERMINATION
OF BENEFIT.—Subsection (a) 
shall remain in effect until the termination of the 1-year
period beginning on the date on which the application de-
scribed in such paragraph is approved.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 407 the fol-
lowing:
‘‘408. Age-out protection for children.’’.
TITLE II—EARNED ACCESS TO 
LEGALIZATION 
SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF 
EARNED ACCESS TO LEGALIZATION. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following: 
‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED 
ACCESS TO LEGALIZATION 
‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien—
‘‘(1) was physically present in the United 
States for a continuous period of not less than 5 
years immediately preceding the date on which this 
provision was enacted and has maintained contin-
uous physical presence since then;
‘‘(2) has at all times been a person of good 
moral character; 
‘‘(3) has never been convicted of a criminal of-
fense in the United States; 
‘‘(4) 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; 
‘‘(5) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(6) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—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. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.—
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
immigrant, except as otherwise provided in para-
graph (2). 
‘‘(2) EXCEPTIONS.—The provisions of para-
graphs (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 determination of an alien’s ad-
missibility under this section. 
‘‘(d) SECURITY AND LAW ENFORCEMENT CLEAR-
ANCES.—The alien, if over 15 years of age, shall submit 
fingerprints in accordance with procedures established by 
the Secretary of Homeland Security. Such fingerprints 
shall be submitted to relevant Federal agencies to be 
checked against existing databases for information relat-
ing to criminal, national security, or other law enforce-
ment actions that would render the alien ineligible for ad-
justment of status under this section. The Secretary of 
Homeland Security shall provide a process for challenging 
the accuracy of matches that result in a finding of ineligi-
bility for adjustment of status. 
‘‘(e) INAPPLICABILITY
OF
NUMERICAL
LIMITA-
TIONS.—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. 
‘‘(f) TERMINATION
OF PROCEEDINGS.—The Sec-
retary of Homeland Security may terminate removal pro-
ceedings without prejudice pending the outcome of an 
alien’s application for adjustment of status under this sec-
tion on the basis of a prima facie showing of eligibility 
for relief under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 245A the fol-
lowing:
‘‘245B. Adjustment of status on the basis of earned access to legalization.’’.
TITLE III—EMPLOYEE 
PROTECTIONS 
SEC. 301. UNFAIR IMMIGRATION-RELATED EMPLOYMENT 
PRACTICES. 
Section 274B of the Immigration and Nationality Act 
(8 U.S.C. 1324b) is amended—
(1) in subsection (a)(5)—
(A) by amending the paragraph heading to 
read ‘‘PROHIBITION OF INTIMIDATION, RETAL-
IATION, OR UNLAWFUL DISCRIMINATION IN EM-
PLOYMENT’’;
(B) by moving the text down and to the 
right 2 ems; 
(C) by inserting before such text the fol-
lowing: ‘‘(A) IN GENERAL.—’’; and 
(D) by adding at the end the following: 
‘‘(B) FEDERAL
LABOR
OR
EMPLOYMENT 
LAWS.—It is an unfair employment practice for 
any employer to directly or indirectly threaten 
any individual with removal or any other ad-
verse consequences pertaining to that individ-
ual’s immigration status or employment bene-
fits for the purpose of intimidating, pressuring, 
or coercing any such individual not to exercise 
any right protected by state or federal labor or 
employment law (including section 7 of the Na-
tional Labor Relations Act (29 U.S.C. 157)), or 
for the purpose of retaliating against any such 
individual for having exercised or having stated 
an intention to exercise any such right. 
‘‘(C) DISCRIMINATION BASED ON IMMIGRA-
TION
STATUS.—It is an unfair employment 
practice for any employer, except to the extent 
specifically authorized or required by law, to 
discriminate in any term or condition of em-
ployment against any individual employed by
such employer on the basis of such individual’s 
immigration status.’’; and 
(2) in subsection (c)(2), by adding at the end 
the following: ‘‘The Special Counsel shall not dis-
close to the Secretary of Homeland Security or any 
other government agency or employee, and shall not 
cause to be published in a manner that discloses to 
the Secretary of Homeland Security or any other 
government agency or employee, any information ob-
tained by the Special Counsel in any manner con-
cerning the immigration status of any individual who 
has filed a charge under this section, or the identity 
of any individual or entity that is a party or witness 
to a proceeding brought pursuant to such charge. 
The Secretary of Homeland Security may not rely, 
in whole or in part, in any enforcement action or re-
moval proceeding, upon any information obtained as 
a result of the filing or prosecution of an unfair im-
migration-related employment practice charge. For 
purposes of this paragraph, the term ‘Special Coun-
sel’ includes individuals formerly appointed to the 
position of Special Counsel and any current or 
former employee of the office of the Special Counsel. 
Whoever knowingly uses, publishes, or permits infor-
mation to be used in violation of this paragraph 
shall be fined not more than $10,000.’’. 
SEC. 302. DEPARTMENT OF LABOR TASK FORCE. 
The Secretary of Labor, in consultation with the At-
torney General and the Secretary of Homeland Security, 
shall conduct a national study of American workplaces to 
determine the causes, extent, circumstances, and con-
sequences, of exploitation of undocumented alien workers 
by their employers. As part of this study, the Secretary 
of Labor shall create a plan for targeted review of federal 
labor law enforcement in industries with a substantial im-
migrant workforce, for the purpose of identifying, moni-
toring, and deterring frequent or egregious violators of 
wage and hour, anti-discrimination, National Labor Rela-
tions Act, and workplace safety and health requirements. 
Not later than 18 months after the date of the enactment 
of this Act, the Secretary of Labor shall submit to the 
Congress a report describing the results of the study and 
the Secretary’s recommendations based on the study. 
SEC. 303. RECRUITMENT OF AMERICAN WORKERS. 
Section 214 of the Immigration and Nationality Act 
is amended—
(1) by redesignating subsections (m) (as added 
by section 105 of Public Law 106–313), (n) (as 
added by section 107(e) of Public Law 106–386),
(o) (as added by section 1513(c) of Public Law 106–
386), (o) (as added by section 1102(b) of the Legal 
Immigration Family Equity Act), and (p) (as added 
by section 1503(b) of the Legal Immigration Family 
Equity Act) as subsections (n), (o), (p), (q), and (r), 
respectively; and 
(2) by adding at the end the following: 
‘‘(s)(1) No petition to accord employment status 
under any nonimmigrant classification described in section 
101(a)(15) shall be granted in the absence of an affidavit 
from the petitioner describing the efforts that were made 
to recruit an alien lawfully admitted for permanent resi-
dence or a citizen of the United States before resorting 
to a petition to obtain a foreign employee. The recruitment 
efforts must have included substantial attempts to find 
employees in minority communities. 
‘‘(2)(A) The Secretary of Homeland Security shall re-
serve 3 percent of all fees collected for petitions to accord 
employment status and shall use these funds to establish 
an employment training program which will include unem-
ployed workers in the United States who need to be 
trained or retrained. The purpose of this program shall 
be to increase the number of lawful permanent residents 
and citizens of the United States who are available for
employment in the occupations that are the subjects of 
such petitions. 
‘‘(B) The Secretary of Homeland Security shall re-
serve and make available to the Secretary of Labor a por-
tion of the funds collected under this paragraph. Such 
funds shall be used by the Secretary of Labor to establish 
an ‘Office to Preserve American Jobs’ within the Depart-
ment of Labor. The purpose of this office shall be to estab-
lish policies intended to ensure that employers in the 
United States will hire available workers in the United 
States before resorting to foreign labor, giving substantial 
emphasis to hiring minority workers in the United 
States.’’. 
TITLE IV—DIVERSITY VISAS 
SEC. 401. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) of the Immigration and Nationality 
Act (8 U.S.C. 1151(e)) is amended by striking ‘‘55,000’’ 
and inserting ‘‘110,000’’. 
SEC. 402. PERIOD DESIGNATED FOR APPLICATION. 
Section 203(e)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1153(e)(1)) is amended—
(1) by striking ‘‘Attorney General’’ each place 
such term appears and and inserting ‘‘Secretary of 
Homeland Security’’; and
(2) by adding at the end the following: ‘‘The 
Secretary shall provide for a filing system that will 
permit unlimited filing throughout the entire period 
designated for the filing of petitions. If an electronic 
filing system is chosen, the Secretary shall ensure 
that the computer equipment and software used to 
accept the filed petitions will have the capacity to ac-
cept every application that is submitted during the 
period designated for filing the petitions. In the 
event that petitions submitted during the designated 
period are rejected, the designated period will be ex-
tended for an additional 10-day period.’’
TITLE V—HAITIAN PARITY 
SEC. 501. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—After section 245B of the Immi-
gration and Nationality Act (as added by section 201 of 
this Act) insert the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245C. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
migrant visa and is admissible to the United States for 
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
and place of birth, if the spouse or child is residing with 
such alien in the United States.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 245B the fol-
lowing:
‘‘Sec. 245C. Adjustment of status of certain Haitian nationals.’’.
(c) SUNSET.—The amendments made by this section 
shall cease to be effective on the date that is 3 years after 
the date of the enactment of this Act. 
SEC. 502. LIMITATION OF ATTORNEY GENERAL’S BOND DIS-
CRETION. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended by adding at the end the fol-
lowing:
‘‘(f) EXERCISE OF AUTHORITY FOR ARREST, DETEN-
TION, AND RELEASE.—The Secretary of Homeland Secu-
rity shall exercise the discretion afforded under subsection 
(a) on a case-by-case basis. If bond is to be denied on 
the ground that the alien’s release would give rise to ad-
verse consequences for national security or national immi-
gration policy, the finding of such adverse consequences 
shall be based on circumstances pertaining to the indi-
vidual alien whose release is being considered.’’. 
SEC. 503. ELIMINATION OF MANDATORY DETENTION IN EX-
PEDITED REMOVAL PROCEEDINGS. 
Section 235(b)(1)(B)(iii)(IV) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is 
amended to read as follows: 
‘‘(IV) DETENTION.—Aliens sub-
ject to the procedures under this 
clause shall be detained in accordance 
with section 236.’’. 
SEC. 504. AMENDMENTS TO HAITIAN AND IMMIGRANT 
FAIRNESS ACT OF 1998. 
(a) GROUND FOR INADMISSIBILITY FOR DOCUMENT 
FRAUD DOES NOT APPLY.—The Haitian Refugee Immi-
gration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
amended in subsections (a)(1)(B) and (d)(1)(D) of section 
902 by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’.
(b) DETERMINATIONS WITH RESPECT
TO CHIL-
DREN.—Section 902(d) of such Act is amended by adding 
at the end the following: 
‘‘(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—DISCRETION 
RE-
GARDING 
RESIDENCY 
RE-
QUIREMENTS 
FOR 
NATU-
RALIZATION 
SEC. 701. 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 described 
in the preceding sentence.’’. 
SEC. 702. 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’’.
Æ