[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1504

To adjust the immigration status of certain Haitian nationals who were 
                 provided refuge in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

 Mr. Graham (for himself, Mr. Mack, Mr. Kennedy, Mr. Abraham, and Ms. 
Moseley-Braun) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To adjust the immigration status of certain Haitian nationals who were 
                 provided refuge 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. SHORT TITLE.

    This Act may be cited as the ``Haitian Refugee Immigration Fairness 
Act of 1997''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.

    (a) Adjustment of Status.--
            (1) In general.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, 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 April 1, 
                2000; and
                    (B) 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 inadmissibility specified 
                in paragraphs (4), (5), (6)(A), and (7)(A) 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 on submitting or granting such 
        application, to file a 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.--The benefits 
provided by subsection (a) shall apply to any alien who is a national 
of Haiti--
            (1) who filed for asylum before December 31, 1995, or was 
        paroled into the United States prior to December 31, 1995, 
        after having been identified as having a credible fear of 
        persecution, or paroled for emergent reasons or reasons deemed 
        strictly in the public interest, and
            (2) has been physically present in the United States for at 
        least 1 year and is physically present in the United States on 
        the date the application for such adjustment 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.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien subject to a final order of deportation 
        or removal or exclusion 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 raises as a 
        defense to such an order the eligibility of the alien to apply 
        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.--Notwithstanding section 245(c) of the 
        Immigration and Nationality Act, 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 Haiti;
                    (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 at least 1 year and is physically present in the 
United States on the date the application for such adjustment is filed.
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed; and
                    (D) the alien is otherwise eligible to receive an 
                immigration 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), (6)(A), and 
                (7)(A) of section 212(a) of the Immigration and 
                Nationality Act shall not apply.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), 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 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) No Offset in Number of Visas Available.--When an alien is 
granted the status of having been lawfully admitted for permanent 
resident pursuant to this section, 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.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in this Act 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.
                                 <all>