[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4652 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4652

     To provide for adjustment of status for certain nationals of 
                              Bangladesh.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 1998

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

_______________________________________________________________________

                                 A BILL


 
     To provide for adjustment of status for certain nationals of 
                              Bangladesh.

    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 ``Bangladeshi Adjustment Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF BANGLADESH.

    (a) Adjustment of Status.--
            (1) In general.--The status of any alien described in 
        subsection (b) shall be adjusted by the Attorney General to 
        that of an alien lawfully admitted for permanent residence, if 
        the alien--
                    (A) applies for such adjustment before July 1, 
                2000; and
                    (B) is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of 
                section 212(a) of the Immigration and Nationality Act 
                shall not apply.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1). Such an alien may not 
        be required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such order. If the Attorney General grants the 
        application, the Attorney General shall cancel the order. If 
        the Attorney General renders a final administrative decision to 
        deny the application, the order shall be effective and 
        enforceable to the same extent as if the application had not 
        been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided by subsection (a) 
        shall apply to any alien who is a national of Bangladesh and 
        who has been physically present in the United States for a 
        continuous period, beginning not later than January 1, 1987, 
        and ending not earlier than the date the application for 
        adjustment under such subsection is filed, except an alien 
        shall not be considered to have failed to maintain continuous 
        physical presence by reason of an absence, or absences, from 
        the United States for any periods in the aggregate not 
        exceeding 180 days.
            (2) Proof of commencement of continuous presence.--For 
        purposes of establishing that the period of continuous physical 
        presence referred to in paragraph (1) commenced not later than 
        January 1, 1987, an alien--
                    (A) shall demonstrate that the alien, prior to 
                January 1, 1987--
                            (i) performed service, or engaged in a 
                        trade or business, within the United States 
                        which is evidenced by records maintained by the 
                        Commissioner of Social Security; or
                            (ii) applied for any benefit under the 
                        Immigration and Nationality Act by means of an 
                        application establishing the alien's presence 
                        in the United States prior to January 1, 1987; 
                        or
                    (B) shall make such other demonstration of physical 
                presence as the Attorney General may provide for by 
                regulation.
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal to seek a stay of such order based on the filing of 
        an application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order any alien to be removed from the United 
        States, if the alien is in exclusion, deportation, or removal 
        proceedings under any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where the 
        Attorney General has rendered a final administrative 
        determination to deny the application.
            (3) Work authorization.--The Attorney General may authorize 
        an alien who has applied for adjustment of status under 
        subsection (a) to engage in employment in the United States 
        during the pendency of such application and may provide the 
        alien with an ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of employment, 
        except that if such application is pending for a period 
        exceeding 180 days, and has not been denied, the Attorney 
        General shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--The status of an alien shall be adjusted 
        by the Attorney General to that of an alien lawfully admitted 
        for permanent residence, if--
                    (A) the alien is a national of Bangladesh;
                    (B) the alien is the spouse, child, or unmarried 
                son or daughter, of an alien whose status is adjusted 
                to that of an alien lawfully admitted for permanent 
                residence under subsection (a), except that in the case 
                of such an unmarried son or daughter, the son or 
                daughter shall be required to establish that they have 
                been physically present in the United States for a 
                continuous period, beginning not later than January 1, 
                1987, and ending not earlier than the date the 
                application for adjustment under this subsection is 
                filed;
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed;
                    (D) the alien is otherwise admissible to the United 
                States for permanent residence, except in determining 
                such admissibility the grounds for exclusion specified 
                in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of 
                section 212(a) of the Immigration and Nationality Act 
                shall not apply; and
                    (E) applies for such adjustment before July 1, 
                2000.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien--
                    (A) shall demonstrate that such period commenced 
                not later than January 1, 1987, in a manner consistent 
                with subsection (b)(2); and
                    (B) shall not be considered to have failed to 
                maintain continuous physical presence by reason of an 
                absence, or absences, from the United States for any 
                period in the aggregate not exceeding 180 days.
    (e) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for adjustment of status under subsection 
(a) 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; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the Attorney 
General as to whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by any court.
    (g) 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, affect, 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.
                                 <all>