[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3053 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3053

        To provide immigration benefits, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2002

   Mr. Hatch introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To provide immigration benefits, 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 ``Alien Entrepreneur Adjustment Act''.

SEC. 2. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS FOR 
              CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.

    (a) In General.--In lieu of the provisions of section 216A(c)(3) of 
the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)), subsection 
(c) shall apply in the case of an eligible alien described in 
subsection (b)(1).
    (b) Eligible Aliens Described.--
            (1) In general.--An alien is an eligible alien described in 
        this subsection if the alien--
                    (A) filed, under section 204(a)(1)(H) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1154(a)(1)(H)) (or any predecessor provision), a 
                petition to accord the alien a status under section 
                203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was 
                approved by the Attorney General after January 1, 1995, 
                and before August 31, 1998;
                    (B) pursuant to such approval, obtained the status 
                of an alien entrepreneur with permanent resident status 
                on a conditional basis described in section 216A of 
                such Act (8 U.S.C. 1186b); and
                    (C) timely filed, in accordance with section 
                216A(c)(1)(A) of such Act (8 U.S.C. 1186b(c)(1)(A)) and 
                before the date of the enactment of this Act, a 
                petition requesting the removal of such conditional 
                basis.
            (2) Reopening petitions previously denied.--
                    (A) In general.--In the case of a petition 
                described in paragraph (1)(C) that was denied under 
                section 216A(c)(3)(C) of the Immigration and 
                Nationality Act (8 U.S.C. 1186b(c)(3)(C)) before the 
                date of the enactment of this Act, upon a motion to 
                reopen such petition filed by the eligible alien not 
                later than 60 days after such date, the Attorney 
                General shall make determinations on such petition 
                pursuant to subsection (c).
                    (B) Petitioners abroad.--In the case of such an 
                eligible alien who is no longer physically present in 
                the United States, the Attorney General shall establish 
                a process under which the alien may be paroled into the 
                United States if necessary in order to obtain the 
                determinations under subsection (c), unless the 
                Attorney General finds that--
                            (i) the alien is inadmissible or deportable 
                        on any ground; or
                            (ii) the petition described in paragraph 
                        (1)(C) was denied on the ground that it 
                        contains a material misrepresentation in the 
                        facts and information described in section 
                        216A(d)(1) of the Immigration and Nationality 
                        Act (8 U.S.C. 1186b(d)(1)) and alleged in the 
                        petition with respect to a commercial 
                        enterprise.
                    (C) Deportation or removal proceedings.--In the 
                case of such an eligible alien who was placed in 
                deportation or removal proceedings by reason of the 
                denial of the petition described in paragraph (1)(C), a 
                motion to reopen filed under subparagraph (A) shall be 
                treated as a motion to reopen such proceedings. The 
                Attorney General shall grant such motion 
                notwithstanding any time and number limitations imposed 
                by law on motions to reopen such proceedings, except 
                that the scope of any proceeding reopened on this basis 
                shall be limited to whether any order of deportation or 
                removal should be vacated, and the alien granted the 
                status of an alien lawfully admitted for permanent 
                residence (unconditionally or on a conditional basis), 
                by reason of the determinations made under subsection 
                (c). An alien who is inadmissible or deportable on any 
                ground shall not be granted such status, except that 
                this prohibition shall not apply to an alien who 
has been paroled into the United States under subparagraph (B).
    (c) Determinations on Petitions.--
            (1) Initial determination.--
                    (A) In general.--With respect to each eligible 
                alien described in subsection (b)(1), the Attorney 
                General shall make a determination, not later than 180 
                days after the date of the enactment of this Act, 
                whether--
                            (i) the petition described in subsection 
                        (b)(1)(C) contains any material 
                        misrepresentation in the facts and information 
                        described in section 216A(d)(1) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1186b(d)(1)) and alleged in the petition with 
                        respect to a commercial enterprise (regardless 
                        of whether such enterprise is a limited 
                        partnership and regardless of whether the alien 
                        entered the enterprise after its formation);
                            (ii) subject to subparagraphs (B) and (C), 
                        such enterprise created full-time jobs for not 
                        fewer than 10 United States citizens or aliens 
                        lawfully admitted for permanent residence or 
                        other immigrants lawfully authorized to be 
                        employed in the United States (other than the 
                        eligible alien and the alien's spouse, sons, or 
                        daughters), and those jobs exist or existed on 
                        any of the dates described in subparagraph (D); 
                        and
                            (iii) on any of the dates described in 
                        subparagraph (D), the alien is in substantial 
                        compliance with the capital investment 
                        requirement described in section 216A(d)(1)(B) 
                        of the Immigration and Nationality Act (8 
                        U.S.C. 1186b(d)(1)(B)).
                    (B) Investment under pilot immigration program.--
                For purposes of subparagraph (A)(ii), an investment 
                that satisfies the requirements of section 610(c) of 
                the Departments of Commerce, Justice, and State, the 
                Judiciary, and Related Agencies Appropriations Act, 
                1993 (8 U.S.C. 1153 note), as in effect on the date of 
                the enactment of this Act, shall be deemed to satisfy 
                the requirements of such subparagraph.
                    (C) Exception for troubled businesses.--In the case 
                of an eligible alien who has made a capital investment 
                in a troubled business (as defined in 8 CFR 204.6(e), 
                as in effect on the date of the enactment of this Act), 
                in lieu of the determination under subparagraph 
                (A)(ii), the Attorney General shall determine whether 
                the number of employees of the business, as measured on 
                any of the dates described in subparagraph (D), is at 
                no less than the pre-investment level.
                    (D) Dates.--The dates described in this 
                subparagraph are the following:
                            (i) The date on which the petition 
                        described in subsection (b)(1)(C) is filed.
                            (ii) 6 months after the date described in 
                        clause (i).
                            (iii) The date on which the determination 
                        under subparagraph (A) or (C) is made.
                    (E) Removal of conditional basis if favorable 
                determination.--If the Attorney General renders an 
                affirmative determination with respect to clauses (ii) 
                and (iii) of subparagraph (A), and if the Attorney 
                General renders a negative determination with respect 
                to clause (i) of such subparagraph, the Attorney 
                General shall so notify the alien involved and shall 
                remove the conditional basis of the alien's status (and 
                that of the alien's spouse and children if it was 
                obtained under section 216A of the Immigration and 
                Nationality Act (8 U.S.C. 1186b)) effective as of the 
                second anniversary of the alien's lawful admission for 
                permanent residence.
                    (F) Requirements relating to adverse 
                determinations.--
                            (i) Notice.--If the Attorney General 
                        renders an adverse determination with respect 
                        to clause (i), (ii), or (iii) of subparagraph 
                        (A), the Attorney General shall so notify the 
                        alien involved. The notice shall be in writing 
                        and shall state the factual basis for any 
                        adverse determination. The Attorney General 
                        shall provide the alien with an opportunity to 
                        submit evidence to rebut any adverse 
                        determination. If the Attorney General reverses 
                        all adverse determinations pursuant to such 
                        rebuttal, the Attorney General shall so notify 
                        the alien involved and shall remove the 
                        conditional basis of the alien's status (and 
                        that of the alien's spouse and children if it 
                        was obtained under section 216A of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1186b)) effective as of the second anniversary 
                        of the alien's lawful admission for permanent 
                        residence.
                            (ii) Continuation of conditional basis if 
                        certain adverse determinations.--If the 
                        Attorney General renders an adverse 
                        determination with respect to clause (ii) or 
                        (iii) of subparagraph (A), and the eligible 
                        alien's rebuttal does not cause the Attorney 
                        General to reverse such determination, the 
                        Attorney General shall continue the conditional 
                        basis of the alien's permanent resident status 
(and that of the alien's spouse and children if it was obtained under 
section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b)) 
for a 2-year period.
                            (iii) Termination if adverse 
                        determination.--If the Attorney General renders 
                        an adverse determination with respect to 
                        subparagraph (A)(i), and the eligible alien's 
                        rebuttal does not cause the Attorney General to 
                        reverse such determination, the Attorney 
                        General shall so notify the alien involved and, 
                        subject to subsection (d), shall terminate the 
                        permanent resident status of the alien (and 
                        that of the alien's spouse and children if it 
                        was obtained on a conditional basis under 
                        section 216A of the Immigration and Nationality 
                        Act (8 U.S.C. 1186b)).
                            (iv) Administrative and judicial review.--
                        An alien may seek administrative review of an 
                        adverse determination made under subparagraph 
                        (A) by filing a petition for such review with 
                        the Board of Immigration Appeals. If the Board 
                        of Immigration Appeals denies the petition, the 
                        alien may seek judicial review. The procedures 
                        for judicial review under this clause shall be 
                        the same as the procedures for judicial review 
                        of a final order of removal under section 
                        242(a)(1) of the Immigration and Nationality 
                        Act (8 U.S.C. 1252(a)(1)). During the period in 
                        which an administrative or judicial appeal 
                        under this clause is pending, the Attorney 
                        General shall continue the conditional basis of 
                        the alien's permanent resident status (and that 
                        of the alien's spouse and children if it was 
                        obtained under section 216A of the Immigration 
                        and Nationality Act (8 U.S.C. 1186b)).
            (2) Second determination.--
                    (A) Authorization to consider investments in other 
                commercial enterprises.--In determining under this 
                paragraph whether to remove a conditional basis 
                continued under paragraph (1)(F)(ii) with respect to an 
                alien, the Attorney General shall consider any capital 
                investment made by the alien in a commercial enterprise 
                (regardless of whether such enterprise is a limited 
                partnership and regardless of whether the alien entered 
                the enterprise after its formation), in the United 
                States, regardless of whether that investment was made 
                before or after the determinations under paragraph (1) 
                and regardless of whether the commercial enterprise is 
                the same as that considered in the determinations under 
                such paragraph, if facts and information with respect 
                to the investment and the enterprise are included in 
                the petition submitted under subparagraph (B).
                    (B) Petition.--In order for a conditional basis 
                continued under paragraph (1)(F)(ii) for an eligible 
                alien (and the alien's spouse and children) to be 
                removed, the alien must submit to the Attorney General, 
                during the period described in subparagraph (C), a 
                petition which requests the removal of such conditional 
                basis and which states, under penalty of perjury, the 
                facts and information described in subparagraphs (A) 
                and (B) of section 216A(d)(1) of the Immigration and 
                Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to 
                any commercial enterprise (regardless of whether such 
                enterprise is a limited partnership and regardless of 
                whether the alien entered the enterprise after its 
                formation) which the alien desires to have considered 
                under this paragraph, regardless of whether such 
                enterprise was created before or after the 
                determinations made under paragraph (1).
                    (C) Period for filing petition.--
                            (i) 90-day period before second 
                        anniversary.--Except as provided in clause 
                        (ii), the petition under subparagraph (B) must 
                        be filed during the 90-day period before the 
                        second anniversary of the continuation, under 
                        paragraph (1)(F)(ii), of the conditional basis 
                        of the alien's lawful admission for permanent 
                        residence.
                            (ii) Date petitions for good cause.--Such a 
                        petition may be considered if filed after such 
                        date, but only if the alien establishes to the 
                        satisfaction of the Attorney General good cause 
                        and extenuating circumstances for failure to 
                        file the petition during the period described 
                        in clause (i).
                    (D) Termination of permanent resident status for 
                failure to file petition.--
                            (i) In general.--In the case of an alien 
                        with permanent resident status on a conditional 
                        basis under paragraph (1)(F)(ii), if no 
                        petition is filed with respect to the alien in 
                        accordance with subparagraph (B), the Attorney 
                        General shall terminate the permanent resident 
                        status of the alien (and the alien's spouse and 
                        children if it was obtained on a conditional 
                        basis under section 216A of the Immigration and 
                        Nationality Act (8 U.S.C. 1186b)) as of the 
                        second anniversary of the continuation, under 
                        paragraph (1)(F)(ii), of the conditional basis 
                        of the alien's lawful admission for permanent 
                        residence.
                            (ii) Hearing in removal proceeding.--In any 
                        removal proceeding with respect to an alien 
                        whose permanent resident status is terminated 
                        under clause (i), the burden of proof shall be 
                        on the alien to establish compliance with 
                        subparagraph (B).
                    (E) Determinations after petition.--If a petition 
                is filed by an eligible alien in accordance with 
                subparagraph (B), the Attorney General shall make a 
                determination, within 90 days of the date of such 
                filing, whether--
                            (i) the petition contains any material 
                        misrepresentation in the facts and information 
                        alleged in the petition with respect to the 
                        commercial enterprises included in such 
                        petition;
                            (ii) all such enterprises, considered 
                        together, created full-time jobs for not fewer 
                        than 10 United States citizens or aliens 
                        lawfully admitted for permanent residence or 
                        other immigrants lawfully authorized to be 
                        employed in the United States (other than the 
                        eligible alien and the alien's spouse, sons, or 
                        daughters), and those jobs exist on the date on 
                        which the determination is made, except that--
                                    (I) this clause shall apply only if 
                                the Attorney General made an adverse 
                                determination with respect to the 
                                eligible alien under paragraph 
                                (1)(A)(ii);
                                    (II) the provisions of 
                                subparagraphs (B) and (C) of paragraph 
                                (1) shall apply to a determination 
                                under this clause in the same manner as 
                                they apply to a determination under 
                                paragraph (1)(A)(ii); and
                                    (III) if the Attorney General 
                                determined under paragraph (1)(A)(ii) 
                                that any jobs satisfying the 
                                requirement of such paragraph were 
                                created, the number of those jobs shall 
                                be subtracted from the number of jobs 
                                otherwise needed to satisfy the 
                                requirement of this clause; and
                            (iii) considering all such enterprises 
                        together, on the date on which the 
                        determination is made, the eligible alien is in 
                        substantial compliance with the capital 
                        investment requirement described in section 
                        216A(d)(1)(B) of the Immigration and 
                        Nationality Act (8 U.S.C. 1186b(d)(1)(B)), 
                        except that--
                                    (I) this clause shall apply only if 
                                the Attorney General made an adverse 
                                determination with respect to the 
                                eligible alien under paragraph 
                                (1)(A)(iii); and
                                    (II) if the Attorney General 
                                determined under paragraph (1)(A)(iii) 
                                that any capital amount was invested 
                                that could be credited towards 
                                compliance with the capital investment 
                                requirement described in section 
                                216A(d)(1)(B) of the Immigration and 
                                Nationality Act (8 U.S.C. 
                                1186b(d)(1)(B)), such amount shall be 
                                subtracted from the amount of capital 
                                otherwise needed to satisfy the 
                                requirement of this clause.
                    (F) Removal of conditional basis if favorable 
                determination.--If the Attorney General renders an 
                affirmative determination with respect to clauses (ii) 
                and (iii) of subparagraph (E), and if the Attorney 
                General renders a negative determination with respect 
                to clause (i) of such subparagraph, the Attorney 
                General shall so notify the alien involved and shall 
                remove the conditional basis of the alien's status (and 
                that of the alien's spouse and children if it was 
                obtained under section 216A of the Immigration and 
                Nationality Act (8 U.S.C. 1186b)) effective as of the 
                second anniversary of the continuation, under paragraph 
                (1)(F)(ii), of the conditional basis of the alien's 
                lawful admission for permanent residence.
                    (G) Requirements relating to adverse 
                determinations.--
                            (i) Notice.--If the Attorney General 
                        renders an adverse determination under 
                        subparagraph (E), the Attorney General shall so 
                        notify the alien involved. The notice shall be 
                        in writing and shall state the factual basis 
                        for any adverse determination. The Attorney 
                        General shall provide the alien with an 
                        opportunity to submit evidence to rebut any 
                        adverse determination. If the Attorney General 
                        reverses all adverse determinations pursuant to 
                        such rebuttal, the Attorney General shall so 
                        notify the alien involved and shall remove the 
                        conditional basis of the alien's status (and 
                        that of the alien's spouse and children if it 
                        was obtained under section 216A of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1186b)) effective as of the second anniversary 
                        of the continuation, under paragraph 
                        (1)(F)(ii), of the conditional basis of the 
                        alien's lawful admission for permanent 
                        residence.
                            (ii) Termination if adverse 
                        determination.--If the eligible alien's 
                        rebuttal does not cause the Attorney General to 
                        reverse each adverse determination under 
                        subparagraph (E), the Attorney General shall so 
                        notify the alien involved and, subject to 
                        subsection (d), shall terminate the permanent 
                        resident status of the alien (and that of the 
                        alien's spouse and children if it was obtained 
                        on a conditional basis under section 216A of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1186b)).
    (d) Hearing in Removal Proceeding.--Any alien whose permanent 
resident status is terminated under paragraph (1)(F)(iii) or (2)(G)(ii) 
of subsection (c) may request a review of such determination in a 
proceeding to remove the alien. In such proceeding, the burden of proof 
shall be on the Attorney General.
    (e) Clarification With Respect to Children.--In the case of an 
alien who obtained the status of an alien lawfully admitted for 
permanent residence on a conditional basis before the date of the 
enactment of this Act by virtue of being the child of an eligible alien 
described in subsection (b)(1), the alien shall be considered to be a 
child for purposes of this section regardless of any change in age or 
marital status after obtaining such status.
    (f) Definition of Full-Time.--For purposes of this section, the 
term ``full-time'' means a position that requires at least 35 hours of 
service per week at any time, regardless of who fills the position.

SEC. 3. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN ALIEN 
              ENTREPRENEURS, SPOUSES, AND CHILDREN.

    (a) In General.--With respect to each eligible alien described in 
subsection (b), the Attorney General or the Secretary of State shall 
approve the application described in subsection (b)(2) and grant the 
alien (and any spouse or child of the alien, if the spouse or child is 
eligible to receive a visa under section 203(d) of the Immigration and 
Nationality Act (8 U.S.C. 1153(d))) the status of an alien lawfully 
admitted for permanent residence on a conditional basis under section 
216A of such Act (8 U.S.C. 1186b). Such application shall be approved 
not later than 180 days after the date of the enactment of this Act.
    (b) Eligible Aliens Described.--An alien is an eligible alien 
described in this subsection if the alien--
            (1) filed, under section 204(a)(1)(H) of the Immigration 
        and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any 
        predecessor provision), a petition to accord the alien a status 
        under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that 
        was approved by the Attorney General after January 1, 1995, and 
        before August 31, 1998;
            (2) pursuant to such approval, timely filed before the date 
        of the enactment of this Act an application for adjustment of 
        status under section 245 of such Act (8 U.S.C. 1255) or an 
        application for an immigrant visa under section 203(b)(5) of 
        such Act (8 U.S.C. 1153(b)(5)); and
            (3) is not inadmissible or deportable on any ground.
    (c) Treatment of Certain Applications.--
            (1) Revocation of approval of petitions.--If the Attorney 
        General revoked the approval of a petition described in 
        subsection (b)(1), such revocation shall be disregarded for 
        purposes of this section if it was based on a determination 
        that the alien failed to satisfy section 203(b)(5)(A)(ii) of 
        the Immigration and Nationality Act (8 U.S.C. 
        1153(b)(5)(A)(ii)).
            (2) Applications no longer pending.--
                    (A) In general.--If an application described in 
                subsection (b)(2) is not pending on the date of the 
                enactment of this Act, the Attorney General shall 
                disregard the circumstances leading to such lack of 
                pendency and treat it as reopened, if such lack of 
                pendency is due to a determination that the alien--
                            (i) failed to satisfy section 
                        203(b)(5)(A)(ii) of the Immigration and 
                        Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)); 
                        or
                            (ii) departed the United States without 
                        advance parole.
                    (B) Applicants abroad.--In the case of an eligible 
                alien who filed an application for adjustment of status 
                described in subsection (b)(2), but who is no longer 
                physically present in the United States, the Attorney 
                General shall establish a process under which the alien 
                may be paroled into the United States if necessary in 
                order to obtain adjustment of status under this 
                section.
    (d) Recordation of Date; Reduction of Numbers.--Upon the approval 
of an application under subsection (a), the Attorney General shall 
record the alien's lawful admission for permanent residence on a 
conditional basis as of the date of such approval and the Secretary of 
State shall reduce by one the number of visas authorized to be issued 
under sections 201(d) and 203(b)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1151(d) and 1153(b)(5)) for the fiscal year then current.
    (e) Removal of Conditional Basis.--
            (1) Petition.--In order for a conditional basis established 
        under this section for an alien (and the alien's spouse and 
children) to be removed, the alien must satisfy the requirements of 
section 216A(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1186b(c)(1)), including the submission of a petition in accordance with 
subparagraph (A) of such section. Such petition may include the facts 
and information described in subparagraphs (A) and (B) of section 
216A(d)(1) of the Immigration and Nationality Act (8 U.S.C. 
1186b(d)(1)) with respect to any commercial enterprise (regardless of 
whether such enterprise is a limited partnership and regardless of 
whether the alien entered the enterprise after its formation) in the 
United States in which the alien has made a capital investment at any 
time.
            (2) Determination.--In carrying out section 216A(c)(3) of 
        the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) with 
        respect to an alien described in paragraph (1), the Attorney 
        General, in lieu of the determination described in such section 
        216A(c)(3), shall make a determination, within 90 days of the 
        date of such filing, whether--
                    (A) the petition described in paragraph (1) 
                contains any material misrepresentation in the facts 
                and information alleged in the petition with respect to 
                the commercial enterprises included in the petition;
                    (B) subject to subparagraphs (B) and (C) of section 
                2(c)(1), all such enterprises, considered together, 
                created full-time jobs for not fewer than 10 United 
                States citizens or aliens lawfully admitted for 
                permanent residence or other immigrants lawfully 
                authorized to be employed in the United States (other 
                than the alien and the alien's spouse, sons, or 
                daughters), and those jobs exist or existed on either 
                of the dates described in paragraph (3); and
                    (C) considering the alien's investments in such 
                enterprises on either of the dates described in 
                paragraph (3), or on both such dates, the alien is or 
                was in substantial compliance with the capital 
                investment requirement described in section 
                216A(d)(1)(B) of the Immigration and Nationality Act (8 
                U.S.C. 1186b(d)(1)(B)).
            (3) Dates.--The dates described in this paragraph are the 
        following:
                    (A) The date on which the application described in 
                subsection (b)(2) was filed.
                    (B) The date on which the determination under 
                paragraph (2) is made.
    (f) Clarification With Respect to Children.--In the case of an 
alien who was a child on the date on which the application described in 
subsection (b)(2) was filed, the alien shall be considered to be a 
child for purposes of this section regardless of any change in age or 
marital status after such date.

SEC. 4. REGULATIONS.

    The Immigration and Naturalization Service shall promulgate 
regulations to implement this Act not later than 120 days after the 
date of enactment of this Act. Until such regulations are promulgated, 
the Attorney General shall not deny a petition filed or pending under 
section 216A(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1186b(c)(1)(A)) that relates to an eligible alien described in section 
2, or on an application filed or pending under section 245 of such Act 
(8 U.S.C. 1255) that relates to an eligible alien described in section 
3. Until such regulations are promulgated, the Attorney General shall 
not initiate or proceed with removal proceedings under section 240 of 
the Immigration and Nationality Act (8 U.S.C. 1229a) that relate to an 
eligible alien described in section 2 or 3.

SEC. 5. DEFINITIONS.

    Except as otherwise provided, the terms used in this Act shall have 
the meaning given such terms in section 101(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(b)).
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