[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 348 Introduced in House (IH)]







107th Congress
  1st Session
                                H. R. 348

 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 HOUSE OF REPRESENTATIVES

                            January 31, 2001

Mr. Gutierrez introduced the following bill; which was 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 
Adjustment Act of 1999''.

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

    (a) 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 subparagraph (a)(1)(A), by striking ``2000'' and 
        inserting ``2003'';
            (3) in paragraph (b)(1), by striking ``Nicaragua or Cuba'' 
        and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
        Honduras, or Haiti'';
            (4) in subparagraph (d)(1)(E), by striking ``2000'' and 
        inserting ``2003''.
    (b) Effective Date.--The amendments made by this section shall be 
effective upon the date of enactment of this Act.

SEC. 3. APPLICATIONS PENDING UNDER 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 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, may be converted by the applicant to 
an application for adjustment of status under the provisions of section 
202 of the Nicaraguan Adjustment and Central American Relief Act, as 
amended, upon the payment of any fees, and in accordance with 
procedures, that the Attorney General shall prescribe by regulation. 
The Attorney General shall not be required to refund any fees paid in 
connection with an application filed by a national of Guatemala or El 
Salvador under section 203 of the Nicaraguan Adjustment and Central 
American Relief 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 her unreviewable 
discretion, 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.

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

    (a) Section 202 of the Nicaraguan Adjustment and Central American 
Relief Act is amended--
            (1) in subparagraph (a)(1)(B), by adding after the word 
        ``apply''--``and the Attorney General may, in her unreviewable 
        discretion, waive the grounds of inadmissibility specified in 
        clause 212(a)(1)(A)(i) and paragraph 212(a)(6)(C) of the 
        Immigration and Nationality Act for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3), and adding the following as paragraph (2)--
            ``(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 
        sections 212(a)(9) (A) or (C) of the Immigration and 
        Nationality 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 sections 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) of 
        the Immigration and Nationality Act.''.
            (3) in subsection (a), by striking redesignated paragraph 
        (3), and inserting in its place--
            ``(3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, or removed, 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.''.
            (4) in paragraph (b)(1), by adding at the end the 
        following--``However, subsection (a) shall not apply to an 
        alien lawfully admitted for permanent residence, unless he or 
        she is applying for such relief in deportation or removal 
        proceedings.''.
            (5) in paragraph (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.''.
            (6) in subsection (d)--
                    (A) by revising the subsection heading to read 
                ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) in paragraph (1), by revising the heading to 
                read ``Adjustment of status.--'';
                    (C) by striking subparagraph (1)(A), and replacing 
                it with the following--
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Adjustment Act of 1999;'';
                    (D) in subparagraph (1)(B), by inserting the 
                following after ``except that''--``: (1) 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 Adjustment Act of 1999; and (ii)''; and
                    (E) by creating a new paragraph (3) to read as 
                follows--
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) 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, provided that the spouse or 
                child:
                            ``(i) meets the requirements in 
                        subparagraphs (1)(B) and (D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by regulation.
                    ``(B) 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, 
                provided that 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'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following--``or an immigrant classification''; 
        and
            (8) by adding at the end the following subsection--
                            ``(i) Admissions.--Nothing in this section 
                        shall be construed as authorizing an 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 sections 5(a)(3), 
5(a)(4), and 5(a)(8) of this Act shall be effective as if included in 
the enactment of the Nicaraguan and Central American Relief Act. The 
amendments made by sections 5(a)(1), 5(a)(2), 5(a)(5), 5(a)(6), and 
5(a)(7) shall be effective as of the date of enactment of this Act.

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

    (a) Section 902 of the Haitian Refugee Immigration Fairness Act of 
1998 is amended--
            (1) in subparagraph (a)(1)(B), by adding after the word 
        ``apply''--``and the Attorney General may, in her unreviewable 
        discretion, waive the grounds of inadmissibility specified in 
        clause 212(a)(1)(A)(i) and paragraph 212(a)(6)(C) of the 
        Immigration and Nationality Act for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest'';
            (2) in subsection (a), by redesignating paragraph (2) as 
        paragraph (3), and adding the following as paragraph (2)--
            ``(2) Inapplicability of certain provisions.--In 
        determining the eligibility of an alien described in 
        subsections (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 
        sections 212(a)(9) (A) or (C) of the Immigration and 
        Nationality 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 sections 212(a)(9)(A)(iii) and 212(a)(9)(C)(ii) of 
        the Immigration and Nationality Act.''.
            (3) in subsection (a), by striking redesignated paragraph 
        (3), and inserting in its place--
            ``(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.''.
            (4) in paragraph (b)(1), by adding at the end the 
        following--``However, subsection (a) shall not apply to an 
        alien lawfully admitted for permanent residence, unless he or 
        she is applying for such relief in deportation or removal 
        proceedings.''.
            (5) in paragraph (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.''.
            (6) in subsection (d)--
                    (A) by revising the subsection heading to read 
                ``Spouses, Children, and Unmarried Sons and 
                Daughters.--'';
                    (B) in paragraph (1), by revising the heading to 
                read ``Adjustment of status.--'';
                    (C) by striking subparagraph (1)(A), and replacing 
                it with the following--
                    ``(A) the alien entered the United States on or 
                before the date of enactment of the Central American 
                and Haitian Adjustment Act of 1999;'';
                    (D) in subparagraph (1)(B), by inserting the 
                following after ``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 Adjustment Act of 1999; and (ii)'';
                    (E) in paragraph (1), by creating a new 
                subparagraph (E) as follows--
                    ``(E) the alien applies for such adjustment before 
                April 3, 2003.''; and
                    (F) by creating a new paragraph (3) to read as 
                follows--
            ``(3) Eligibility of certain spouses and children for 
        issuance of immigrant visas.--
                    ``(A) 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, provided that the spouse or 
                child:
                            ``(i) meets the requirements in 
                        subparagraphs (1) (B) and (D); and
                            ``(ii) applies for such a visa within a 
                        time period to be established by regulation.
                    ``(B) 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, 
                provided that 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.'';
            (7) in subsection (g), by inserting after ``for permanent 
        residence'' the following--``or an immigrant classification''; 
        and
            (8) by redesignating subsections (i), (j), and (k) as (j), 
        (k), and (l) respectively, and adding as subsection (i) the 
        following--
                            ``(i) Admissions.--Nothing in this section 
                        shall be construed as authorizing an 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 sections 6(a)(3), 
6(a)(4), and 6(a)(8) of this Act shall be effective as if included in 
the enactment of the Haitian Refugee Immigration Fairness Act of 1998. 
The amendments made by sections 6(a)(1), 6(a)(2), 6(a)(5), 6(a)(6), and 
6(a)(7) shall be effective as of the date of enactment of this Act.

SEC. 7. MOTIONS TO REOPEN.

    (a) 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 1988, and is made eligible for adjustment of status under that Act 
by the amendments made by this Act, may file one motion to reopen 
exclusion, deportation, or removal proceedings to have the application 
considered again. All such motions 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 1988.
    (b) 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 exclusion, deportation, or removal 
proceedings to have the application considered again. All such motions 
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>