[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1765 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1765

    To amend the Immigration and Nationality Act to deny visas and 
  admission to aliens who have been unlawfully present in the United 
  States for more than 1 year until they have been outside the United 
States for 10 years and to repeal the provision allowing adjustment of 
            status of unlawful aliens in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

 Mr. Gallegly introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to deny visas and 
  admission to aliens who have been unlawfully present in the United 
  States for more than 1 year until they have been outside the United 
States for 10 years and to repeal the provision allowing adjustment of 
            status of unlawful aliens in the United States.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. EXCLUSION OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES 
              FOR MORE THAN 1 YEAR UNTIL HAVE BEEN OUTSIDE THE UNITED 
              STATES FOR 10 YEARS.

    (a) In General.--Section 212(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(6)) is amended by adding at the end 
the following new subparagraph:
                    ``(G) Aliens present unlawfully for more than 1 
                year.--
                            ``(i) In general.--Any alien who was 
                        unlawfully present in the United States during 
                        a period totaling 1 year is excludable unless 
                        the alien has remained outside the United 
                        States for a period totaling at least 10 years.
                            ``(ii) Exceptions.--
                                    ``(I) Minors.--In applying clause 
                                (i) no period of time before the 
                                alien's 18th birthday shall be taken 
                                into account in determining the period 
                                of unlawful presence in the United 
                                States.
                                    ``(II) Asylees.--No period of time 
                                in which an alien has a bona fide 
                                application for asylum pending under 
                                section 208 shall be taken into account 
                                in determining the period of unlawful 
                                presence in the United States under 
                                clause (i).
                            ``(iii) Extension.--The Attorney General 
                        may extend the period of 1 year under clause 
                        (i) to a period of 15 months in the case of an 
                        alien who applies to the Attorney General 
                        (before the alien has been present unlawfully 
                        in the United States for a period totaling 1 
                        year) and establishes to the satisfaction of 
                        the Attorney General that--
                                    ``(I) the alien is not excludable 
                                under clause (i) at the time of the 
                                application, and
                                    ``(II) the failure to extend such 
                                period would constitute an extreme 
                                hardship for the alien.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act, except that no 
period of time before the date of the enactment of this Act shall be 
included in the period of 1 year described in section 212(a)(6)(G)(i) 
of the Immigration and Nationality Act (added by such amendment).
SEC. 2. REPEAL OF ADJUSTMENT OF STATUS OF UNLAWFUL ALIENS.

    (a) In General.--Subsection (i) of section 245 of the Immigration 
and Nationality Act (8 U.S.C. 1255), as added by section 605(b) of the 
Department of State and Related Agencies Appropriations Act, 1995 
(Public Law 103-317, 108 Stat. 1765), is amended by repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall apply 
to applications for adjustment of status filed before, on, or after the 
date of the enactment of this Act, except such applications as were 
approved as of the date of the enactment of this Act. In the case of 
such an application for adjustment filed, but not approved, as of the 
date of the enactment of this Act, the Attorney General shall promptly 
refund to the applicant the amount of the application fee paid.
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