[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.
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