I
107TH CONGRESS
2D SESSION
H. R. 4999
To adjust the status of certain aliens with longstanding ties to the United
States to that of an alien lawfully admitted to permanent residence,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 21, 2002
Mr. PASTOR (for himself and Mr. GUTIERREZ) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To adjust the status of certain aliens with longstanding
ties to the United States to that of an alien lawfully
admitted to permanent residence, 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 ‘‘Immigration Adjust-
ment Act of 2002’’.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Immigration and Nation-
ality Act.
TITLE I—ADJUSTMENT OF STA-
TUS OF CERTAIN UNDOCU-
MENTED ALIENS
SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS
BEFORE JANUARY 1, 2000, TO THAT OF PER-
SON ADMITTED FOR LAWFUL RESIDENCE.
(a) IN GENERAL.—Chapter 4 of title II is amended
by inserting after section 245A the following:
‘‘ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BE-
FORE JANUARY 1, 2000, TO THAT OF PERSON ADMIT-
TED FOR LAWFUL RESIDENCE
‘‘SEC. 245B. (a) RESIDENT STATUS.—
‘‘(1) IN GENERAL.—The Attorney General shall
adjust the status of an alien to that of an alien law-
fully admitted for permanent residence if the alien
meets the requirements of this subsection.
‘‘(2) TIMELY APPLICATION.—
‘‘(A) DURING APPLICATION PERIOD.—Ex-
cept as provided in subparagraph (B), the alien
must apply for such adjustment during the 18-
month period beginning on a date (not later
than 360 days after date of enactment) des-
ignated by the Attorney General.
‘‘(B) APPLICATION
WITHIN
DAYS
OF
NOTICE TO APPEAR.—An alien who, at any time
during the first 17 months of the 18-month pe-
riod described in subparagraph (A), is the sub-
ject of a notice to appear issued under section
239, must make application under subsection
(b) not later than the end of the 30-day period
beginning either on the first day of such 18-
month period or on the date of the issuance of
such notice, whichever day is later.
‘‘(C) INFORMATION INCLUDED IN APPLICA-
TION.—Each application under subsection (c)
shall contain such information as the Attorney
General may require, including information on
living relatives of the applicant with respect to
whom a petition for preference or other status
may be filed by the applicant at any later date
under section 204(a).
‘‘(3) CONTINUOUS RESIDENCE.—
‘‘(A) IN GENERAL.—
‘‘(i) CONTINUOUS
RESIDENCE.—The
alien must establish that the alien entered
the United States before January 1, 2000,
and has resided continuously in the United
States since such date and through the
date the application is filed under this sub-
section.
‘‘(ii) 5 YEARS.—The alien must estab-
lish continuous residence in the United
States immediately preceding the 5-year
period ending on the date on which the
alien becomes eligible for adjustment of
status under this subsection.
‘‘(iii) TREATMENT
OF
CERTAIN
AB-
SENCES.—An alien shall not be considered
to have lost continuous residence by reason
of an absence from the United States per-
mitted under subsection (b)(9).
‘‘(B) EXCHANGE
VISITORS.—If the alien
was at any time a nonimmigrant exchange alien
(as defined in section 101(a)(15)(J)), the alien
must establish that the alien was not subject to
the two-year foreign residence requirement of
section 212(e) or has fulfilled that requirement
or received a waiver thereof.
‘‘(4) CONTINUOUS PHYSICAL PRESENCE SINCE
DATE OF ENACTMENT.—
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien has been continuously phys-
ically present in the United States since the
date of the enactment of this section.
‘‘(B) TREATMENT OF BRIEF, CASUAL, AND
INNOCENT ABSENCES.—An alien shall not be
considered to have failed to maintain contin-
uous physical presence in the United States for
purposes of subparagraph (A) by virtue of an
absence, or absences, from the United States
for any periods in the aggregate not exceeding
180 days.
‘‘(C) ADMISSIONS.—Nothing in this section
shall be construed as authorizing an alien to
apply for admission to, or to be admitted to, the
United States in order to apply for adjustment
of status under this subsection.
‘‘(5) ADMISSIBLE
AS
IMMIGRANT.—The alien
must establish that the alien—
‘‘(A) is admissible to the United States as
an immigrant, except as otherwise provided
under subsection (c)(2); and
‘‘(B) has not been convicted of any felony
or three or more misdemeanors committed in
the United States.
‘‘(6) BASIC CITIZENSHIP SKILLS.—
‘‘(A) IN GENERAL.—The alien must dem-
onstrate that he either—
‘‘(i) meets the requirements of section
312(a) (relating to minimal understanding
of ordinary English and a knowledge and
understanding of the history and govern-
ment of the United States); or
‘‘(ii) is satisfactorily pursuing a
course of study (recognized by the Attor-
ney General) to achieve such an under-
standing of English and such a knowledge
and understanding of the history and gov-
ernment of the United States.
‘‘(B) EXCEPTIONS.—
‘‘(i) 
DISABILITIES.—Subparagraph
(A) shall not apply to a person who is un-
able because of physical or developmental
disability or mental impairment to comply
with such subparagraph.
‘‘(ii) AGE.—The Attorney General
may, in the Attorney General’s discretion,
waive all or part of the requirements of
subparagraph (A) in the case of an alien
who is 65 years of age or older.
‘‘(C) RELATION TO NATURALIZATION EX-
AMINATION.—In accordance with regulations of
the Attorney General, an alien who has dem-
onstrated under subparagraph (A)(i) that the
alien meets the requirements of section 312(a)
may be considered to have satisfied the require-
ments of that section for purposes of becoming
naturalized as a citizen of the United States
under title III.
‘‘(b) APPLICATIONS FOR ADJUSTMENT OF STATUS.—
‘‘(1) CONDITIONS FOR ACCEPTANCE OF APPLI-
CATION.—An application shall be accepted under
this subsection upon a determination that the appli-
cant is prima facie eligible for adjustment of status
under subsection (a), which determination shall not
be made before, at a minimum, the identity of the
applicant has been checked against all appropriate
electronic databases maintained by the Attorney
General and by the Secretary of State and appro-
priate foreign entities or international law enforce-
ment databases to determine any grounds on which
the alien may be inadmissible to the United States
that may not be waived under subsection (c)(2).
‘‘(2) TO WHOM MAY BE MADE.—
‘‘(A) IN GENERAL.—The Attorney General
shall provide that applications for adjustment of
status under subsection (a) may be filed—
‘‘(i) with the Attorney General, or
‘‘(ii) with a qualified designated enti-
ty, but only if the applicant consents to the
forwarding of the application to the Attor-
ney General.
‘‘(B) DEFINITION.—As used in this sec-
tion, the term ‘qualified designated entity’
means an organization or person designated
under paragraph (3).
‘‘(3) DESIGNATION OF QUALIFIED ENTITIES TO
RECEIVE APPLICATIONS.—For purposes of assisting
in the program of legalization provided under this
section, the Attorney General—
‘‘(A) shall designate qualified voluntary or-
ganizations and other qualified State, local, and
community organizations, and
‘‘(B) may designate such other persons as
the Attorney General determines are qualified
and have substantial experience, demonstrated
competence, and traditional long-term involve-
ment in the preparation and submittal of appli-
cations for adjustment of status under section
209 or 245, Public Law 89–732, or Public Law
95–145.
‘‘(4) TREATMENT OF APPLICATIONS BY DES-
IGNATED ENTITIES.—Each qualified designated enti-
ty must agree to forward to the Attorney General
applications filed with it in accordance with para-
graph (2)(A)(ii) but not to forward to the Attorney
General applications filed with it unless the appli-
cant has consented to such forwarding. No such en-
tity may make a determination required by this sec-
tion to be made by the Attorney General.
‘‘(5) LIMITATION
ON
ACCESS
TO
INFORMA-
TION.—Files and records of qualified designated en-
tities relating to an alien’s seeking assistance or in-
formation with respect to filing an application under
this section are confidential and the Attorney Gen-
eral and the Service shall not have access to such
files or records relating to an alien without the con-
sent of the alien.
‘‘(6) CONFIDENTIALITY OF INFORMATION.—
‘‘(A) IN GENERAL.—Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the De-
partment of Justice, or bureau or agency there-
of, may—
‘‘(i) use the information furnished by
the applicant pursuant to an application
filed under this section for any purpose
other than to make a determination on the
application, for enforcement of paragraph
(7);
‘‘(ii) make any publication whereby
the information furnished by any par-
ticular applicant can be identified; or
‘‘(iii) permit anyone other than the
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
ignated entity, that designated entity, to
examine individual applications.
‘‘(B) REQUIRED
DISCLOSURES.—The At-
torney General shall provide the information
furnished under this section, and any other in-
formation derived from such furnished informa-
tion, to a duly recognized law enforcement enti-
ty in connection with a criminal investigation or
prosecution, when such information is requested
in writing by such entity, or to an official cor-
oner for purposes of affirmatively identifying a
deceased individual (whether or not such indi-
vidual is deceased as a result of a crime).
‘‘(C) 
AUTHORIZED
DISCLOSURES.—The
Attorney General may provide, in the Attorney
General’s discretion, for the furnishing of infor-
mation furnished under this section in the same
manner and circumstances as census informa-
tion may be disclosed by the Secretary of Com-
merce under section 8 of title 13, United States
Code.
‘‘(D) CONSTRUCTION.—
‘‘(i) IN
GENERAL.—Nothing in this
paragraph shall be construed to limit the
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or
records of the Service pertaining to an ap-
plication filed under this section, other
than information furnished by an applicant
pursuant to the application, or any other
information derived from the application,
that is not available from any other source.
‘‘(ii) CRIMINAL CONVICTIONS.—Informa-
tion concerning whether the applicant has
at any time been convicted of a crime may
be used or released for immigration en-
forcement or law enforcement purposes.
‘‘(E) CRIME.—Whoever knowingly uses,
publishes, or permits information to be exam-
ined in violation of this paragraph shall be fined
not more than $10,000.
‘‘(7) PENALTIES FOR FALSE STATEMENTS IN
APPLICATIONS.—Whoever files an application for ad-
justment of status under this section and knowingly
and willfully falsifies, misrepresents, conceals, or
covers up a material fact or makes any false, ficti-
tious, or fraudulent statements or representations,
or makes or uses any false writing or document
knowing the same to contain any false, fictitious, or
fraudulent statement or entry, shall be fined in ac-
cordance with title 18, United States Code, or im-
prisoned not more than five years, or both.
‘‘(8) APPLICATION FEES.—
‘‘(A) FEE SCHEDULE.—The Attorney Gen-
eral shall provide for a schedule of fees to be
charged for the filing of applications for adjust-
ment under this section. Such fees shall not ex-
ceed the Attorney General’s costs in adjudi-
cating the applications.
‘‘(B) USE OF FEES.—The Attorney Gen-
eral shall deposit payments received under this
paragraph in a separate account and amounts
in such account shall be available, without fiscal
year limitation, to cover administrative and
other expenses incurred in connection with the
review of applications filed under this sub-
section.
‘‘(9) AUTHORIZED
TRAVEL
AND
EMPLOY-
MENT.—During the period after an alien has sub-
mitted an application under this subsection and be-
fore the Attorney General has rendered a decision to
accept or reject such application, and during the pe-
riod after the acceptance of an alien’s application
under this subsection and before the Attorney Gen-
eral has rendered a final decision granting or deny-
ing such application, the Attorney General—
‘‘(A) shall not remove the alien from the
United States;
‘‘(B) shall, in accordance with regulations,
permit the alien to return to the United States
after such brief and casual trips abroad as re-
flect an intention on the part of the alien to ad-
just to lawful permanent resident status under
subsection (a) and after brief temporary trips
abroad occasioned by a family obligation involv-
ing an occurrence such as the illness or death
of a close relative or other family need; and
‘‘(C) shall grant the alien authorization to
engage in employment in the United States and
provide to that alien an ‘employment author-
ized’ endorsement or other appropriate work
permit for 12 months, renewable at 6-month in-
tervals, until a final ruling on the application is
made.
‘‘(c) WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY.—
‘‘(1) 
NUMERICAL
LIMITATIONS
DO
NOT
APPLY.—The numerical limitations of sections 201
and 202 shall not apply to the adjustment of aliens
to lawful permanent resident status under subsection
(a) or (g).
‘‘(2) TREATMENT OF GROUNDS FOR INADMIS-
SIBILITY.—
‘‘(A) INAPPLICABLE GROUNDS FOR INAD-
MISSIBILITY.—In the determination of an
alien’s admissibility under subsection (a), the
provisions of paragraphs (4), (5), (6)(A),
(7)(A), and (9)(B) of section 212(a) shall not
apply.
‘‘(B) WAIVER OF GROUNDS FOR INADMIS-
SIBILITY.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the Attorney General
may waive any other provision of section
212(a) in the case of individual aliens for
humanitarian purposes, to assure family
unity, or when it is otherwise in the public
interest.
‘‘(ii) GROUNDS
THAT
MAY
NOT
BE
WAIVED.—The following provisions of sec-
tion 212(a) may not be waived by the At-
torney General under clause (i):
‘‘(I) 
Paragraphs 
(2)(A) 
and
(2)(B) (relating to criminals).
‘‘(II) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a sin-
gle offense of simple possession of 30
grams or less of marijuana.
‘‘(III) Paragraph (3) (relating to
security and related grounds).
‘‘(C) MEDICAL EXAMINATION.—The alien
shall be required, at the alien’s expense, to un-
dergo such a medical examination (including a
determination of immunization status) as is ap-
propriate and conforms to generally accepted
professional standards of medical practice.
‘‘(d) TEMPORARY
STAY
OF
DEPORTATION
AND
WORK AUTHORIZATION BEFORE APPLICATION PERIOD.—
The Attorney General may provide that in the case of an
alien who is apprehended before the beginning of the ap-
plication period described in subsection (a)(2)(A) and who
can establish a prima facie case of eligibility to have his
status adjusted under subsection (a) or (g) (but for the
fact that the alien may not apply for such adjustment until
the beginning of such period), until the alien has had the
opportunity during the first 30 days of the application pe-
riod to complete the filing of an application for adjust-
ment, the alien—
‘‘(1) may not be removed from the United
States; and
‘‘(2) shall be granted authorization to engage in
employment in the United States and be provided an
‘employment authorized’ endorsement or other ap-
propriate work permit.
‘‘(e) ADMINISTRATIVE AND JUDICIAL REVIEW.—
‘‘(1) ADMINISTRATIVE
AND
JUDICIAL
RE-
VIEW.—There shall be no administrative or judicial
review of a determination respecting an application