less of marijuana’’ and inserting ‘‘controlled sub-
stance offense for which the alien was not incarcer-
ated for a period exceeding 1 year’’; and 
(2) by striking the final two sentences. 
SEC. 808. GENERAL WAIVER FOR ALIENS PREVIOUSLY RE-
MOVED AND FOR THE UNLAWFUL PRESENCE 
BARS. 
(a) IN
GENERAL.—Section 212(d) (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. 
809. 
WAIVER 
OF 
AGGRAVATED 
FELONY 
CON-
SEQUENCES. 
Section 101 (8 U.S.C. 1101) is amended by adding 
at the end the following: 
‘‘(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 
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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. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) (8 
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
‘‘(15) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended by adding at the end the following: 
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‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 
amended to read as follows: 
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
SEC. 811. RESTORATION OF SUSPENSION OF DEPORTA-
TION. 
(a) 
CANCELLATION
OF
REMOVAL.—Section 
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 
follows: 
‘‘(3) has not been convicted of an aggravated 
felony for which the sentence imposed is five years 
or more.’’. 
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.— 
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 
(8 U.S.C. 1229b(a)) is repealed. 
(2) Section 240A(d) (8 U.S.C. 1229b) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
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(B) by inserting before the period at the 
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the 
United States was due to a temporary trip 
abroad required by emergency or extenuating 
circumstances outside the control of the alien’’. 
(c) CANCELLATION OF REMOVAL AND ADJUSTMENT 
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section 
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may cancel removal in the case of an alien 
who is inadmissible or deportable from the United 
States if the alien— 
‘‘(A) has been physically present in the 
United States for a continuous period of— 
‘‘(i) 7 years immediately preceding the 
date of application in the case of an 
alien— 
‘‘(I) who is deportable on any 
ground other than a ground specified 
in clause (ii)(I); and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in extreme hardship to the alien 
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or the alien’s spouse, child, parent, 
son, or daughter, who is a citizen of 
the United States or an alien lawfully 
admitted for permanent residence; or 
‘‘(ii) 10 years immediately preceding 
the date of application in the case of an 
alien— 
‘‘(I) who is deportable for convic-
tion of an offense under section 
212(a)(2), 237(a)(2), or 237(a)(3); 
and 
‘‘(II) whose deportation would, in 
the opinion of the Attorney General, 
result in exceptional and extremely 
unusual hardship to the alien or the 
alien’s spouse, parent, child, son, or 
daughter, who is a citizen of the 
United States or an alien lawfully ad-
mitted for permanent residence; and 
‘‘(B) has been a person of good moral 
character during such period.’’. 
(d) ELIMINATION OF ANNUAL LIMITATION.—Section 
240A (8 U.S.C. 1229b) is amended by striking subsection 
(e). 
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TITLE IX—REMOVAL GROUNDS 
BASED ON CRIMINAL OFFENSES 
SEC. 901. DEFINITION OF MORAL TURPITUDE. 
(a) EQUITABLE DEFINITION
OF ‘‘MORAL TURPI-
TUDE’’.— 
(1) CONVICTION OF CERTAIN CRIMES.—Section 
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended by striking ‘‘of, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of—’’ and inserting 
‘‘of—’’. 
(2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 
(8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 
(A) by striking ‘‘the maximum’’ and all 
that follows through ‘‘such crime,’’; and 
(B) by striking ‘‘6 months’’ and inserting 
‘‘1 year’’. 
(b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL 
TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
1227(a)(2)(A)(i)(II)) is amended to read as follows: 
‘‘(II) for which the alien has been 
incarcerated for a period exceeding 
one year,’’. 
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SEC. 903. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 
IMPRISONMENT’’. 
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through the period at the end 
and inserting ‘‘court. An adjudication or judgment 
of guilt that has been expunged, deferred, annulled, 
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘court of law’’ and all that 
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall 
not be deemed to include any suspension of the 
imposition or execution of that imprisonment or 
sentence in whole or in part.’’. 
‘‘(i) For purposes of this Act, and notwithstanding 
subsection (a)(43), the Attorney General may treat any 
conviction that did not result in incarceration for more 
than 1 year as if such conviction were not a conviction 
for an aggravated felony.’’. 
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SEC. 904. ELIMINATING RETROACTIVE CHANGES IN RE-
MOVAL GROUNDS. 
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
(b) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing: 
‘‘(e) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing 
any offense that was not a ground of deportability on the 
date the offense occurred.’’. 
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing: 
‘‘(u) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing 
any offense that was not a ground of inadmissibility on 
the date the offense occurred.’’. 
SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 
REMOVAL RULES FOR PERSONS PREVIOUSLY 
REMOVED. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a process by which an alien described 
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in subsection (b) may apply for reopening a proceeding 
so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality 
Act (8 U.S.C. 1182(c)), as such section was in effect prior 
to the enactment of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104–132), or section 
240A of the Immigration and Nationality Act (8 U.S.C. 
1229b), as amended by this Act. 
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition 
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was— 
(1) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that was not a basis for removal, 
exclusion, or deportation on the date on which the 
offense was committed; 
(2) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of 
this Act; or 
(3) excluded, deported, or removed from the 
United States by reason of having committed a 
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criminal offense prior to April 24, 1996, for which 
there was relief from exclusion, deportation, or re-
moval available prior to such date. 
(c) PAROLE.—The Secretary of Homeland Security 
may, in the Secretary’s discretion, exercise the parole au-
thority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose 
of permitting aliens excluded, deported, or removed from 
the United States to participate in the process established 
under subsection (a), if the alien establishes prima facie 
eligibility for the relief. 
TITLE X—DIVERSITY VISAS 
SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) (8 U.S.C. 1151(e)) is amended by 
striking ‘‘55,000’’ and inserting ‘‘110,000’’. 
TITLE XI—HAITIAN PARITY 
SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 202, is further 
amended by inserting after section 245C the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. 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 
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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 
as amended by section 202, is further amended by insert-
ing after the item relating to section 245C the following: 
‘‘Sec. 245D. 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. 
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SEC. 1102. LIMITATION ON BOND DISCRETION. 
Section 236 (8 U.S.C. 1226) is amended by adding 
at the end the following: 
‘‘(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. 1103. ELIMINATION OF MANDATORY DETENTION IN 
EXPEDITED REMOVAL PROCEEDINGS. 
Section 
235(b)(1)(B)(iii)(IV) 
(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. 1104. 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 
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100 
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. 1105. NEW APPLICATIONS AND MOTIONS TO REOPEN. 
(a) NEW APPLICATIONS.—Notwithstanding section 
902(a)(1)(A) of the Haitian and Immigrant Fairness Act 
of 1998 (8 U.S.C. 1255 note), an alien who is eligible for 
adjustment of status under such Act, as amended by sec-
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101 
tion 804 of this Act, may submit an application for adjust-
ment 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 804 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 made by 
section 1104 of this Act. 
(c) RELATIONSHIP OF APPLICATION TO CERTAIN OR-
DERS.—Section 902(a)(3) of the Haitian and Immigrant 
Fairness Act of 1998 (8 U.S.C. 1255 note) shall apply 
to an alien present in the United States who has been or-
dered excluded, deported, 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 applica-
tions for adjustment of status under such Act before April 
1, 2000. 
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102 
SEC. 1106. TEMPORARY PROTECTED STATUS FOR HAI-
TIANS. 
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 XII—FAIRNESS IN ASYLUM 
AND REFUGEE PROCEEDINGS 
SEC. 1201. REFUGEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF REFUGEES. 
Section 207(c)(2) (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.’’. 
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103 
SEC. 1202. ASYLEE STATUS FOR UNMARRIED SONS AND 
DAUGHTERS OF ASYLEES. 
Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended 
by adding at the end the following: 
‘‘(D) When warranted by unusual cir-
cumstances or to preserve family unity, the Sec-
retary of Homeland Security may, in the Sec-
retary’s discretion, consider an unmarried son 
or daughter of an alien who is granted asylum 
under this subsection to be a child of the alien 
for purposes of this paragraph.’’. 
SEC. 1203. ELIMINATION OF ARBITRARY TIME LIMITS ON 
ASYLUM APPLICATIONS. 
Section 208(a)(2) (8 U.S.C. 1158(a)(2)) is amend-
ed— 
(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 
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104 
(4) by redesignating subparagraphs (C) and 
(D) as subparagraphs (B) and (C), respectively. 
SEC. 1204. GENDER-BASED PERSECUTION. 
(a) TREATMENT AS REFUGEE.—Section 101(a)(42) 
(8 U.S.C. 1101(a)(42)) is amended by adding at the end 
the following: 
‘‘(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) (8 
U.S.C. 1231(b)(3)) is amended by adding at the end the 
following: 
‘‘(D) 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 
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