[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1713 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1713

 To amend the Immigration and Nationality Act to restore the scope of 
 eligibility for adjustment of status under section 245(i) of that Act 
                to that in effect before November 1997.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2001

Mr. Gutierrez (for himself, Mrs. Morella, Mr. Menendez, Ms. Solis, Mrs. 
Napolitano, Mr. LaFalce, Ms. Velazquez, Mr. Rangel, Mr. Rodriguez, Mr. 
Dooley of California, Mr. Serrano, Ms. Sanchez, Ms. Roybal-Allard, Mr. 
Baca, and Mr. Reyes) introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to restore the scope of 
 eligibility for adjustment of status under section 245(i) of that Act 
                to that in effect before November 1997.

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

SECTION 1. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT 
              OF STATUS UNDER SECTION 245(I).

    (a) Eligibility for Adjustment of Status.--Section 245(i) of the 
Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended--
            (1) in paragraph (1), by striking ``(i)(1)'' through ``to 
        that of an alien lawfully admitted for permanent residence.'' 
        and inserting the following:
    ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) 
of this section, an alien physically present in the United States who--
            ``(A) entered the United States without inspection; or
            ``(B) is within one of the classes enumerated in subsection 
        (c) of this section;
may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent 
residence.''; and
            (2) in paragraph (3)(B), by striking ``, except that'' 
        through ``286(m)''.
    (b) Effective Dates.--
            (1) Eligibility.--The amendment made by subsection (a)(1) 
        shall be effective as if included in the enactment of section 
        111 of the Departments of Commerce, Justice, and State, the 
        Judiciary, and Related Agencies Appropriations Act, 1998 
        (Public Law 105-119; 111 Stat. 2458).
            (2) Use of Funds.--The amendment made by subsection (a)(2) 
        shall be effective as if included in the enactment of section 
        1502 of division B of the Miscellaneous Appropriations Act, 
        2001, as enacted into law by section 1(a)(4) of Public Law 106-
        554.
    (c) Application of Relief to Departed Aliens.--
            (1) In general.--The Attorney General shall establish a 
        process under which an alien described in paragraph (2) may 
        apply (or reapply) for adjustment of status under section 
        245(i) of the Immigration and Nationality Act, as amended by 
        subsection (a). For purposes of determining the eligibility of 
        such an alien for such adjustment, the departure described in 
        paragraph (2) shall be disregarded.
            (2) Aliens described.--An alien described in this paragraph 
        is an alien who--
                    (A) was ineligible for adjustment of status under 
                section 245(i) of the Immigration and Nationality Act, 
                as in effect before the date of the enactment of this 
                Act;
                    (B) departed from the United States after the date 
                of the enactment of the Departments of Commerce, 
                Justice, and State, the Judiciary, and Related Agencies 
                Appropriations Act, 1998 and before the date of the 
                enactment of this Act; and
                    (C) would be eligible for adjustment of status to 
                that of alien lawfully admitted for permanent residence 
                as a result of the amendment made by subsection (a) but 
                for such departure.
                                 <all>