[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1844 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1844

    To provide for adjustment of status for certain aliens granted 
 temporary protected status in the United States because of conditions 
                              in Lebanon.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 1999

 Mr. LaHood (for himself, Mr. Frank of Massachusetts, Mr. Kildee, Mr. 
  Sununu, Mr. Frost, Mr. Dingell, and Mr. LaTourette) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To provide for adjustment of status for certain aliens granted 
 temporary protected status in the United States because of conditions 
                              in Lebanon.

    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 ``Lebanese Adjustment Act''.

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

    (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 not later than the 
                date that is 18 months after the date of the enactment 
                of this Act; 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--
                    (A) was granted temporary protected status in the 
                United States by the Attorney General pursuant to the 
                designation of Lebanon under section 244A(b) of the 
                Immigration and Nationality Act (as in effect on the 
                date of the designation) on March 21, 1991, or any 
                extension of the designation;
                    (B) prior to December 9, 1993, was permitted by the 
                Attorney General voluntarily to depart the United 
                States, in lieu of being subject to deportation 
                proceedings or prior to the completion of such 
                proceedings; and
                    (C) has been physically present in the United 
                States for a continuous period, beginning not later 
                than March 28, 1993, 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)(C) commenced not later 
        than March 28, 1993, an alien--
                    (A) shall demonstrate that the alien, prior to 
                March 28, 1993--
                            (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 March 28, 1993; 
                        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 the alien--
                    (A) 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 March 28, 1993, and ending not 
                earlier than the date the application for adjustment 
                under this subsection is filed;
                    (B) applies for such adjustment not later than the 
                date that is 18 months after the date of the enactment 
                of this Act and is physically present in the United 
                States on the date the application is filed; and
                    (C) 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.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(A), an alien--
                    (A) shall demonstrate that such period commenced 
                not later than March 28, 1993, 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>