[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1592 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1592

 To amend the Nicaraguan Adjustment and Central American Relief Act to 
 provide to certain nationals of El Salvador, Guatemala, Honduras, and 
Haiti an opportunity to apply for adjustment of status under that Act, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 1999

Mr. Durbin (for himself and Mr. Kennedy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Nicaraguan Adjustment and Central American Relief Act to 
 provide to certain nationals of El Salvador, Guatemala, Honduras, and 
Haiti an opportunity to apply for adjustment of status under that Act, 
                        and for other purposes.

    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 ``Central American and Haitian Parity 
Act of 1999''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, 
              GUATEMALA, HONDURAS, AND HAITI.

    Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in the section heading, by striking ``Nicaraguans and 
        Cubans'' and inserting ``Nicaraguans, Cubans, Salvadorans, 
        Guatemalans, Hondurans, and Haitians'';
            (2) in subsection (a)(1)(A), by striking ``2000'' and 
        inserting ``2003'';
            (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
        and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
        Honduras, or Haiti''; and
            (4) in subsection (d)--
                    (A) in subparagraph (A), by striking ``Nicaragua or 
                Cuba'' and inserting ``Nicaragua, Cuba, El Salvador, 
                Guatamala, Honduras, or Haiti; and
                    (B) in subparagraph (E), by striking ``2000'' and 
                inserting ``2003''.

SEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF 
              THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF 
              ACT.

    An application for relief properly filed by a national of Guatemala 
or El Salvador under the amendments made by section 203 of the 
Nicaraguan Adjustment and Central American Relief Act which was filed 
on or before the date of enactment of this Act, and on which a final 
administrative determination has not been made, shall, at the election 
of the applicant, be considered to be an application for adjustment of 
status under the provisions of section 202 of the Nicaraguan Adjustment 
and Central American Relief Act, as amended by section 2 of this Act, 
upon the payment of any fees, and in accordance with procedures, that 
the Attorney General shall prescribe by regulation. The Attorney 
General may not refund any fees paid in connection with an application 
filed by a national of Guatemala or El Salvador under the amendments 
made by section 203 of that Act.

SEC. 4. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE IMMIGRATION 
              FAIRNESS ACT OF 1998.

    An application for adjustment of status properly filed by a 
national of Haiti under the Haitian Refugee Immigration Fairness Act of 
1998 which was filed on or before the date of enactment of this Act, 
and on which a final administrative determination has not been made, 
may be considered by the Attorney General, in the unreviewable 
discretion of the Attorney General, to also constitute an application 
for adjustment of status under the provisions of section 202 of the 
Nicaraguan Adjustment and Central American Relief Act, as amended by 
section 2 of this Act.

SEC. 5. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
              AMERICAN RELIEF ACT.

    (a) In General.--Section 202 of the Nicaraguan Adjustment and 
Central American Relief Act is amended--
            (1) in subsection (a)--
                    (A) by inserting before the period at the end of 
                paragraph (1)(B) the following: ``, and the Attorney 
                General may, in the unreviewable discretion of the 
                Attorney General, waive the grounds of inadmissibility 
                specified in section 212(a)(1) (A)(i) and (6)(C) of 
                such Act for humanitarian purposes, to assure family 
                unity, or when it is otherwise in the public 
                interest'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, the provisions of section 241(a)(5) of the 
        Immigration and Nationality Act shall not apply. In addition, 
        an alien who would otherwise be inadmissible pursuant to 
        section 212(a)(9) (A) or (C) of such Act may apply for the 
        Attorney General's consent to reapply for admission without 
        regard to the requirement that the consent be granted prior to 
        the date of the alien's reembarkation at a place outside the 
        United States or attempt to be admitted from foreign contiguous 
        territory, in order to qualify for the exception to those 
        grounds of inadmissibility set forth in section 212(a)(9) 
        (A)(iii) and (C)(ii) of such Act.''; and
                    (D) by amending paragraph (3) (as redesignated by 
                subparagraph (B)) to read as follows:
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, or 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. Such an alien may be required 
        to seek a stay of such an order in accordance with subsection 
        (c) to prevent the execution of that order pending the 
        adjudication of the application for adjustment of status. If 
        the Attorney General denies a stay of a final order of 
        exclusion, deportation, or removal, or if the Attorney General 
        renders a final administrative determination to deny the 
        application for adjustment of status, the order shall be 
        effective and enforceable to the same extent as if the 
        application had not been made. If the Attorney General grants 
        the application for adjustment of status, the Attorney General 
        shall cancel the order.'';
            (2) in subsection (b)(1), by adding at the end the 
        following: ``Subsection (a) shall not apply to an alien 
        lawfully admitted for permanent residence, unless the alien is 
        applying for relief under that subsection in deportation or 
        removal proceedings.'';
            (3) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act requires the Attorney General 
        to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (4) in subsection (d)--
                    (A) by amending the subsection heading to read as 
                follows: ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) by amending the heading of paragraph (1) to 
                read as follows: ``Adjustment of status.--'';
                    (C) by amending paragraph (1)(A) to read as 
                follows:
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Parity Act of 1999;'';
                    (D) in paragraph (1)(B), by striking ``except that 
                in the case of'' and inserting the following: ``except 
                that--
                            ``(i) in the case of such a spouse, 
                        stepchild, or unmarried stepson or 
                        stepdaughter, the qualifying marriage was 
                        entered into before the date of enactment of 
                        the Central American and Haitian Parity Act of 
                        1999; and
                            ``(ii) in the case of''; and
                    (E) by adding at the end the following new 
                paragraph:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In general.--In accordance with regulations 
                to be promulgated by the Attorney General and the 
                Secretary of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child--
                            ``(i) meets the requirements in paragraphs 
                        (1) (B) and (1) (D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by such 
                        regulations.
                    ``(B) Retention of fees for processing 
                applications.--The Secretary of State may retain fees 
                to recover the cost of immigrant visa application 
                processing and issuance for certain spouses and 
children of aliens whose applications for adjustment of status under 
subsection (a) have been approved. Such fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (5) in subsection (g), by inserting ``, or an immigrant 
        classification,'' after ``for permanent residence''; and
            (6) by adding at the end the following new subsection:
    ``(i) Statutory Construction.--Nothing in this section authorizes 
any alien to apply for admission to, be admitted to, be paroled into, 
or otherwise lawfully return to the United States, to apply for, or to 
pursue an application for adjustment of status under this section 
without the express authorization of the Attorney General.''.
    (b) Effective Date.--The amendments made by paragraphs (1)(D), (2), 
and (6) shall be effective as if included in the enactment of the 
Nicaraguan and Central American Relief Act. The amendments made by 
paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the date 
of enactment of this Act.

SEC. 6. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE IMMIGRATION 
              FAIRNESS ACT OF 1998.

    (a) In General.--Section 902 of the Haitian Refugee Immigration 
Fairness Act of 1998 is amended--
            (1) in subsection (a)--
                    (A) by inserting before the period at the end of 
                paragraph (1)(B) the following: ``, and the Attorney 
                General may, in the unreviewable discretion of the 
                Attorney General, waive the grounds of inadmissibility 
                specified in section 212(a) (1)(A)(i) and (6)(C) of 
                such Act for humanitarian purposes, to assure family 
                unity, or when it is otherwise in the public 
                interest'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in subsection 
        (b) or (d) for either adjustment of status under this section 
        or other relief necessary to establish eligibility for such 
        adjustment, or for permission to reapply for admission to the 
        United States for the purpose of adjustment of status under 
        this section, the provisions of section 241(a)(5) of the 
        Immigration and Nationality Act shall not apply. In addition, 
        an alien who would otherwise be inadmissible pursuant to 
        section 212(a)(9) (A) or (C) of such Act may apply for the 
        Attorney General's consent to reapply for admission without 
        regard to the requirement that the consent be granted prior to 
        the date of the alien's reembarkation at a place outside the 
        United States or attempt to be admitted from foreign contiguous 
        territory, in order to qualify for the exception to those 
        grounds of inadmissibility set forth in section 212(a)(9) 
        (A)(iii) and (C)(ii) of such Act.''; and
                    (D) by amending paragraph (3) (as redesignated by 
                subparagraph (B)) to read as follows:
            ``(3) 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. Such an alien may be required to seek a 
        stay of such an order in accordance with subsection (c) to 
        prevent the execution of that order pending the adjudication of 
        the application for adjustment of status. If the Attorney 
        General denies a stay of a final order of exclusion, 
        deportation, or removal, or if the Attorney General renders a 
        final administrative determination to deny the application for 
        adjustment of status, the order shall be effective and 
        enforceable to the same extent as if the application had not 
        been made. If the Attorney General grants the application for 
        adjustment of status, the Attorney General shall cancel the 
        order.'';
            (2) in subsection (b)(1), by adding at the end the 
        following: ``Subsection (a) shall not apply to an alien 
        lawfully admitted for permanent residence, unless the alien is 
        applying for such relief under that subsection in deportation 
        or removal proceedings.'';
            (3) in subsection (c)(1), by adding at the end the 
        following: ``Nothing in this Act shall require the Attorney 
        General to stay the removal of an alien who is ineligible for 
        adjustment of status under this Act.'';
            (4) in subsection (d)--
                    (A) by amending the subsection heading to read as 
                follows: ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) by amending the heading of paragraph (1) to 
                read as follows: ``Adjustment of status.--'';
                    (C) by amending paragraph (1)(A), to read as 
                follows:
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Parity Act of 1999;'';
                    (D) in paragraph (1)(B), by striking ``except that 
                in the case of'' and inserting the following: ``except 
                that--
                            ``(i) in the case of such a spouse, 
                        stepchild, or unmarried stepson or 
                        stepdaughter, the qualifying marriage was 
                        entered into before the date of enactment of 
                        the Central American and Haitian Parity Act of 
                        1999; and
                            ``(ii) in the case of'';
                    (E) by adding at the end of paragraph (1) the 
                following new subparagraph:
                    ``(E) the alien applies for such adjustment before 
                April 3, 2003.''; and
                    (F) by adding at the end the following new 
                paragraph:
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) In general.--In accordance with regulations 
                to be promulgated by the Attorney General and the 
                Secretary of State, upon approval of an application for 
                adjustment of status to that of an alien lawfully 
                admitted for permanent residence under subsection (a), 
                an alien who is the spouse or child of the alien being 
                granted such status may be issued a visa for admission 
                to the United States as an immigrant following to join 
                the principal applicant, if the spouse or child--
                            ``(i) meets the requirements in paragraphs 
                        (1)(B) and (1)(D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by such 
                        regulations.
                    ``(B) Retention of fees for processing 
                applications.--The Secretary of State may retain fees 
                to recover the cost of immigrant visa application 
                processing and issuance for certain spouses and 
                children of aliens whose applications for adjustment of 
                status under subsection (a) have been approved. Such 
                fees--
                            ``(i) shall be deposited as an offsetting 
                        collection to any Department of State 
                        appropriation to recover the cost of such 
                        processing and issuance; and
                            ``(ii) shall be available until expended 
                        for the same purposes of such appropriation to 
                        support consular activities.'';
            (5) in subsection (g), by inserting ``, or an immigrant 
        classification,'' after ``for permanent residence'';
            (6) by redesignating subsections (i), (j), and (k) as 
        subsections (j), (k), and (l), respectively; and
            (7) by inserting after subsection (h) the following new 
        subsection:
    ``(i) Statutory Construction.--Nothing in this section authorizes 
any alien to apply for admission to, be admitted to, be paroled into, 
or otherwise lawfully return to the United States, to apply for, or to 
pursue an application for adjustment of status under this section 
without the express authorization of the Attorney General.''.
    (b) Effective Date.--The amendments made by paragraphs (1)(D), (2), 
and (6) shall be effective as if included in the enactment of the 
Haitian Refugee Immigration Fairness Act of 1998. The amendments made 
by paragraphs (1) (A)-(C), (3), (4), and (5) shall take effect on the 
date of enactment of this Act.

SEC. 7. MOTIONS TO REOPEN.

    (a) Nationals of Haiti.--Notwithstanding any time and number 
limitations imposed by law on motions to reopen, a national of Haiti 
who, on the date of enactment of this Act, has a final administrative 
denial of an application for adjustment of status under the Haitian 
Refugee Immigration Fairness Act of 1998, and is made eligible for 
adjustment of status under that Act by the amendments made by this Act, 
may file one motion to reopen an exclusion, deportation, or removal 
proceeding to have the application reconsidered. Any such motion shall 
be filed within 180 days of the date of enactment of this Act. The 
scope of any proceeding reopened on this basis shall be limited to a 
determination of the alien's eligibility for adjustment of status under 
the Haitian Refugee Immigration Fairness Act of 1998.
    (b) Nationals of Cuba.--Notwithstanding any time and number 
limitations imposed by law on motions to reopen, a national of Cuba or 
Nicaragua who, on the date of enactment of the Act, has a final 
administrative denial of an application for adjustment of status under 
the Nicaraguan Adjustment and Central American Relief Act, and who is 
made eligible for adjustment of status under that Act by the amendments 
made by this Act, may file one motion to reopen an exclusion, 
deportation, or removal proceeding to have the application 
reconsidered. Any such motion shall be filed within 180 days of the 
date of enactment of this Act. The scope of any proceeding reopened on 
this basis shall be limited to a determination of the alien's 
eligibility for adjustment of status under the Nicaraguan Adjustment 
and Central American Relief Act.
                                 <all>