Venezuelan Adjustment Act
Bill: H.R.7854 | Sponsor: Rep. Soto, Darren (D-FL)
Policy area: Immigration

Summary:
Venezuelan Adjustment Act
This bill requires the Department of Homeland Security (DHS) to grant lawful permanent resident status to qualifying nationals of Venezuela.
A national of Venezuela shall be eligible if that individual (1) applies for lawful permanent resident status no later than three years after this bill's enactment, (2) entered the United States on or before December 31, 2021, (3) has been continuously physically present in the United States for at least one year when filing their application, (4) is otherwise eligible to receive an immigrant visa, and (5) is not inadmissible under various grounds such as a conviction for an aggravated felony. Certain grounds for inadmissibility, such as the public charge ground, shall not apply.
The spouse, child, or unmarried son or daughter of an eligible individual shall also be eligible.
If an individual has applied for lawful permanent resident status under this bill and is subject to exclusion, deportation, or removal proceedings, DHS may not order that individual's removal unless DHS has made a final determination to deny the application.
DHS must provide work authorization to an individual whose application has been pending for more than 180 days, and may also provide authorization before that.

To authorize the Secretary of Homeland Security to adjust the status of 
    certain aliens who are nationals of Venezuela to that of aliens 
   lawfully admitted for permanent residence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Venezuelan Adjustment Act''.

SEC. 2. VENEZUELAN REFUGEE IMMIGRATION FAIRNESS.

    (a) Definitions.--In this section:
            (1) In general.--Except as otherwise specifically provided, 
        any term used in this Act that is used in the immigration laws 
        shall have the meaning given the term in the immigration laws.
            (2) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Adjustment of Status.--
            (1) In general.--Except as provided in paragraph (3), the 
        Secretary shall adjust the status of an alien described in 
        subsection (c) to that of an alien lawfully admitted for 
        permanent residence if the alien--
                    (A) applies for adjustment not later than 3 years 
                after the date of the enactment of this Act;
                    (B) is otherwise eligible to receive an immigrant 
                visa; and
                    (C) subject to paragraph (2), is admissible to the 
                United States for permanent residence.
            (2) Applicability of grounds of inadmissibility.--In 
        determining the admissibility of an alien under paragraph 
        (1)(C), the grounds of inadmissibility specified in paragraphs 
        (4), (5), (6)(A), and (7)(A) of section 212(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
        apply.
            (3) Exceptions.--An alien shall not be eligible for 
        adjustment of status under this subsection if the Secretary 
        determines that the alien--
                    (A) has been convicted of any aggravated felony;
                    (B) has been convicted of two or more crimes 
                involving moral turpitude (other than a purely 
                political offense); or
                    (C) has ordered, incited, assisted, or otherwise 
                participated in the persecution of any person on 
                account of race, religion, nationality, membership in a 
                particular social group, or political opinion.
            (4) Relationship of application to certain orders.--
                    (A) In general.--An alien present in the United 
                States who has been subject to an order of exclusion, 
                deportation, removal, or voluntary departure under any 
                provision of the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.) may, notwithstanding such order, 
                submit an application for adjustment of status under 
                this subsection if the alien is otherwise eligible for 
                adjustment of status under paragraph (1).
                    (B) Separate motion not required.--An alien 
                described in subparagraph (A) shall not be required, as 
                a condition of submitting or granting an application 
                under this subsection, to file a separate motion to 
                reopen, reconsider, or vacate an order described in 
                subparagraph (A).
                    (C) Effect of decision by secretary.--
                            (i) Grant.--If the Secretary adjusts the 
                        status of an alien pursuant to an application 
                        under this subsection, the Secretary shall 
                        cancel any order described in subparagraph (A) 
                        to which the alien has been subject.
                            (ii) Denial.--If the Secretary makes a 
                        final decision to deny such application, any 
                        such order shall be effective and enforceable 
                        to the same extent that such order would be 
                        effective and enforceable if the application 
                        had not been made.
    (c) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided under subsection (b) 
        shall apply to any alien who--
                    (A)(i) is a national of Venezuela;
                    (ii) entered the United States before or on 
                December 31, 2021; and
                    (iii) has been continuously physically present in 
                the United States for not less than 1 year as of the 
                date on which the alien submits an application under 
                such subsection (b); or
                    (B) is the spouse, child, or unmarried son or 
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For 
        purposes of establishing the period of continuous physical 
        presence referred to in paragraph (1)(A)(ii), an alien shall 
        not be considered to have failed to maintain continuous 
        physical presence based on one or more absences from the United 
        States for one or more periods amounting, in the aggregate, to 
        not more than 180 days.
    (d) Stay of Removal.--
            (1) In general.--The Secretary shall promulgate regulations 
        establishing procedures by which an alien who is subject to a 
        final order of deportation, removal, or exclusion, may seek a 
        stay of such order based on the filing of an application under 
        subsection (b).
            (2) During certain proceedings.--
                    (A) In general.--Except as provided in subparagraph 
                (B), notwithstanding any provision of the Immigration 
                and Nationality Act (8 U.S.C. 1101 et seq.), the 
                Secretary may not order an alien to be removed from the 
                United States if the alien--
                            (i) is in exclusion, deportation, or 
                        removal proceedings under any provision of such 
                        Act; and
                            (ii) has submitted an application for 
                        adjustment of status under subsection (b).
                    (B) Exception.--The Secretary may order an alien 
                described in subparagraph (A) to be removed from the 
                United States if the Secretary has made a final 
                determination to deny the application for adjustment of 
                status under subsection (b) of the alien.
            (3) Work authorization.--
                    (A) In general.--The Secretary may--
                            (i) authorize an alien who has applied for 
                        adjustment of status under subsection (b) to 
                        engage in employment in the United States 
                        during the period in which a determination on 
                        such application is pending; and
                            (ii) provide such alien with an 
                        ``employment authorized'' endorsement or other 
                        appropriate document signifying authorization 
                        of employment.
                    (B) Pending applications.--If an application for 
                adjustment of status under subsection (b) is pending 
                for a period exceeding 180 days and has not been 
                denied, the Secretary shall authorize employment for 
                the applicable alien.
    (e) Record of Permanent Residence.--On the approval of an 
application for adjustment of status under subsection (b) of an alien, 
the Secretary shall establish a record of admission for permanent 
residence for the alien as of the date of the arrival of the alien in 
the United States.
    (f) Availability of Administrative Review.--The Secretary shall 
provide applicants for adjustment of status under subsection (b) with 
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 (8 U.S.C. 1255); and
            (2) aliens subject to removal proceedings under section 240 
        of such Act (8 U.S.C. 1229a).
    (g) Limitation on Judicial Review.--
            (1) In general.--A determination by the Secretary with 
        respect to the adjustment of status of any alien under this 
        section is final and shall not be subject to review by any 
        court.
            (2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to preclude the review of a constitutional claim 
        or a question of law under section 704 of title 5, United 
        States Code, with respect to a denial of adjustment of status 
        under this section.
    (h) No Offset in Number of Visas Available.--The Secretary of State 
shall not be required to reduce the number of immigrant visas 
authorized to be issued under any provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.) to offset the adjustment of 
status of an alien who has been lawfully admitted for permanent 
residence pursuant to this section.
    (i) Application of Immigration and Nationality Act Provisions.--
            (1) Savings provision.--Nothing in this Act may be 
        construed to repeal, amend, alter, modify, effect, or restrict 
        the powers, duties, function, or authority of the Secretary in 
        the administration and enforcement of the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) or any other law 
        relating to immigration, nationality, or naturalization.
            (2) Effect of eligibility for adjustment of status.--The 
        eligibility of an alien to be lawfully admitted for permanent 
        residence under this section shall not preclude the alien from 
        seeking any status under any other provision of law for which 
        the alien may otherwise be eligible.
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