[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2666 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2666

      To provide for adjustment of status of certain Nicaraguans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1997

 Ms. Ros-Lehtinen introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To provide for adjustment of status of certain Nicaraguans.

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

SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS.

    (a) Adjustment of Status.--The status of any alien described in 
subsection (b) may be adjusted by the Attorney General, in the Attorney 
General's discretion and under such regulations as the Attorney General 
may prescribe, to that of an alien lawfully admitted for permanent 
residence if--
            (1) the alien applies for such adjustment within two years 
        after the date of the enactment of this Act;
            (2) the alien is otherwise eligible to receive an immigrant 
        visa and is otherwise admissible to the United States for 
        permanent residence, except in determining such admissibility 
        the grounds for exclusion specified in paragraphs (4), (5), 
        (7)(A), and 9 of section 212(a) of the Immigration and 
        Nationality Act shall not apply and the Attorney General may 
        waive the ground for exclusion specified in paragraph (6)(C) of 
        such section;
            (3) the alien is not an alien described in section 
        241(b)(3)(B) of such Act;
            (4) the alien is physically present in the United States on 
        the date the application for such adjustment is filed; and
            (5) the alien has continuously resided in the United States 
        since March 26, 1997.
    (b) Aliens Eligible for Adjustment of Status.--The benefits 
provided by subsection (a) shall apply to--
            (1) any alien--
                    (A) who is a national of Nicaragua,
                    (B) who arrived in the United States before March 
                26, 1997, and
                    (C) who (unless the alien filed an application for 
                asylum with the Immigration and Naturalization Service 
                before March 26, 1997) was not admitted to the United 
                States as a nonimmigrant; and
            (2) any alien who is the spouse or child of an alien under 
        paragraph (1).
    (c) Record of Permanent Residence as of March 26, 1997.--Upon 
approval of an alien's application for adjustment of status under 
subsection (a), the Attorney General shall establish a record of the 
alien's admission for permanent residence as of March 26, 1997.
    (d) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under the Immigration and Nationality Act and the Attorney 
General shall not be required to charge the alien any fee.
    (e) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, effect, or 
restrict the powers, duties, functions, or authority of the Attorney 
General in the administration and enforcement of such Act or any other 
law relating to immigration, nationality, or naturalization. The fact 
that an alien may be eligible to be granted the status of having been 
lawfully admitted for permanent residence under this section shall not 
preclude the alien from seeking such status under any other provision 
of law for which the alien may be eligible.

SEC. 2. SUSPENSION OF DEPORTATION.

    Section 309(c)(5) of the Illegal Immigration and Immigrant 
Responsibility Act of 1996 shall not apply with respect to an 
application for suspension of deportation pending or filed on or after 
the date of the enactment of this Act with respect to any alien 
described in section 1(b).
                                 <all>