I 
108TH CONGRESS 
2D SESSION 
H. R. 4885
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 
JULY 21, 2004
Ms. JACKSON-LEE of Texas (for herself, Mr. CONYERS, Ms. LEE, Mr. CLAY, 
Mr. RUSH, Mr. TOWNS, Mr. MEEK of Florida, Mr. PAYNE, Ms. CORRINE 
BROWN of Florida, Mr. OWENS, Mrs. CHRISTENSEN, Mr. HASTINGS of 
Florida, Ms. NORTON, Ms. WATERS, Ms. KILPATRICK, Mr. LEWIS of 
Georgia, Mr. FATTAH, Mr. MEEKS of New York, Mr. CUMMINGS, Ms. 
MILLENDER-MCDONALD, Ms. SCHAKOWSKY, Mr. JACKSON of Illinois, 
Mr. DAVIS of Alabama, Mr. ORTIZ, Mr. HINOJOSA, Mr. GRIJALVA, Mr. 
REYES, Mr. BECERRA, Ms. LINDA T. SA´NCHEZ of California, and Mr. 
FILNER) introduced the following bill; which was referred to the Com-
mittee 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 Act’’. 
TITLE 
I—FAMILY 
REUNIFICA-
TION 
AND 
DISCRETIONARY 
RELIEF 
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