[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 152 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 152

 To adjust the status of certain aliens with longstanding ties to the 
   United States to that of an alien lawfully admitted to permanent 
                   residence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

  Mr. Pastor (for himself and Mr. Gutierrez) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To adjust the status of certain aliens with longstanding ties to the 
   United States to that of an alien lawfully admitted to permanent 
                   residence, 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 ``Immigration Adjustment Act of 
2003''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act.

      TITLE I--ADJUSTMENT OF STATUS OF CERTAIN UNDOCUMENTED ALIENS

SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN ENTRANTS BEFORE JANUARY 1, 
              2001, TO THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE.

    (a) In General.--Chapter 4 of title II is amended by inserting 
after section 245A the following:

 ``adjustment of status of certain entrants before january 1, 2001, to 
              that of person admitted for lawful residence

    ``Sec. 245B. (a) Resident Status.--
            ``(1) In general.--The Attorney General shall adjust the 
        status of an alien to that of an alien lawfully admitted for 
        permanent residence if the alien meets the requirements of this 
        subsection.
            ``(2) Timely application.--
                    ``(A) During application period.--Except as 
                provided in subparagraph (B), the alien must apply for 
                such adjustment during the 18-month period beginning on 
                a date (not later than 360 days after date of 
                enactment) designated by the Attorney General.
                    ``(B) Application within 30 days of notice to 
                appear.--An alien who, at any time during the first 17 
                months of the 18-month period described in subparagraph 
                (A), is the subject of a notice to appear issued under 
                section 239, must make application under subsection (b) 
                not later than the end of the 30-day period beginning 
                either on the first day of such 18-month period or on 
                the date of the issuance of such notice, whichever day 
                is later.
                    ``(C) Information included in application.--Each 
                application under subsection (c) shall contain such 
                information as the Attorney General may require, 
                including information on living relatives of the 
                applicant with respect to whom a petition for 
                preference or other status may be filed by the 
                applicant at any later date under section 204(a).
            ``(3) Continuous residence.--
                    ``(A) In general.--
                            ``(i) Continuous residence.--The alien must 
                        establish that the alien entered the United 
                        States before January 1, 2001, and has resided 
                        continuously in the United States since such 
                        date and through the date the application is 
                        filed under this subsection.
                            ``(ii) 5 years.--The alien must establish 
                        continuous residence in the United States 
                        immediately preceding the 5-year period ending 
                        on the date on which the alien becomes eligible 
                        for adjustment of status under this subsection.
                            ``(iii) Treatment of certain absences.--An 
                        alien shall not be considered to have lost 
                        continuous residence by reason of an absence 
                        from the United States permitted under 
                        subsection (b)(9).
                    ``(B) Exchange visitors.--If the alien was at any 
                time a nonimmigrant exchange alien (as defined in 
                section 101(a)(15)(J)), the alien must establish that 
                the alien was not subject to the two-year foreign 
                residence requirement of section 212(e) or has 
                fulfilled that requirement or received a waiver 
                thereof.
            ``(4) Continuous physical presence since date of 
        enactment.--
                    ``(A) In general.--The alien must establish that 
                the alien has been continuously physically present in 
                the United States since the date of the enactment of 
                this section.
                    ``(B) Treatment of brief, casual, and innocent 
                absences.--An alien shall not be considered to have 
                failed to maintain continuous physical presence in the 
                United States for purposes of subparagraph (A) by 
                virtue of an absence, or absences, from the United 
                States for any periods in the aggregate not exceeding 
                180 days.
                    ``(C) Admissions.--Nothing in this section shall be 
                construed as authorizing an alien to apply for 
                admission to, or to be admitted to, the United States 
                in order to apply for adjustment of status under this 
                subsection.
            ``(5) Admissible as immigrant.--The alien must establish 
        that the alien--
                    ``(A) is admissible to the United States as an 
                immigrant, except as otherwise provided under 
                subsection (c)(2); and
                    ``(B) has not been convicted of any felony or three 
                or more misdemeanors committed in the United States.
            ``(6) Basic citizenship skills.--
                    ``(A) In general.--The alien must demonstrate that 
                he either--
                            ``(i) meets the requirements of section 
                        312(a) (relating to minimal understanding of 
                        ordinary English and a knowledge and 
                        understanding of the history and government of 
                        the United States); or
                            ``(ii) is satisfactorily pursuing a course 
                        of study (recognized by the Attorney General) 
                        to achieve such an understanding of English and 
                        such a knowledge and understanding of the 
                        history and government of the United States.
                    ``(B) Exceptions.--
                            ``(i) Disabilities.--Subparagraph (A) shall 
                        not apply to a person who is unable because of 
                        physical or developmental disability or mental 
                        impairment to comply with such subparagraph.
                            ``(ii) Age.--The Attorney General may, in 
                        the Attorney General's discretion, waive all or 
                        part of the requirements of subparagraph (A) in 
                        the case of an alien who is 65 years of age or 
                        older.
                    ``(C) Relation to naturalization examination.--In 
                accordance with regulations of the Attorney General, an 
                alien who has demonstrated under subparagraph (A)(i) 
                that the alien meets the requirements of section 312(a) 
                may be considered to have satisfied the requirements of 
                that section for purposes of becoming naturalized as a 
                citizen of the United States under title III.
    ``(b) Applications for Adjustment of Status.--
            ``(1) Conditions for acceptance of application.--An 
        application shall be accepted under this subsection upon a 
        determination that the applicant is prima facie eligible for 
        adjustment of status under subsection (a), which determination 
        shall not be made before, at a minimum, the identity of the 
        applicant has been checked against all appropriate electronic 
        databases maintained by the Attorney General and by the 
        Secretary of State and appropriate foreign entities or 
        international law enforcement databases to determine any 
        grounds on which the alien may be inadmissible to the United 
        States that may not be waived under subsection (c)(2).
            ``(2) To whom may be made.--
                    ``(A) In general.--The Attorney General shall 
                provide that applications for adjustment of status 
                under subsection (a) may be filed--
                            ``(i) with the Attorney General, or
                            ``(ii) with a qualified designated entity, 
                        but only if the applicant consents to the 
                        forwarding of the application to the Attorney 
                        General.
                    ``(B) Definition.--As used in this section, the 
                term `qualified designated entity' means an 
                organization or person designated under paragraph (3).
            ``(3) Designation of qualified entities to receive 
        applications.--For purposes of assisting in the program of 
        legalization provided under this section, the Attorney 
        General--
                    ``(A) shall designate qualified voluntary 
                organizations and other qualified State, local, and 
                community organizations, and
                    ``(B) may designate such other persons as the 
                Attorney General determines are qualified and have 
                substantial experience, demonstrated competence, and 
                traditional long-term involvement in the preparation 
                and submittal of applications for adjustment of status 
                under section 209 or 245, Public Law 89-732, or Public 
                Law 95-145.
            ``(4) Treatment of applications by designated entities.--
        Each qualified designated entity must agree to forward to the 
        Attorney General applications filed with it in accordance with 
        paragraph (2)(A)(ii) but not to forward to the Attorney General 
        applications filed with it unless the applicant has consented 
        to such forwarding. No such entity may make a determination 
        required by this section to be made by the Attorney General.
            ``(5) Limitation on access to information.--Files and 
        records of qualified designated entities relating to an alien's 
        seeking assistance or information with respect to filing an 
        application under this section are confidential and the 
        Attorney General and the Service shall not have access to such 
        files or records relating to an alien without the consent of 
        the alien.
            ``(6) Confidentiality of information.--
                    ``(A) In general.--Except as provided in this 
                paragraph, neither the Attorney General, nor any other 
official or employee of the Department of Justice, or bureau or agency 
thereof, may--
                            ``(i) use the information furnished by the 
                        applicant pursuant to an application filed 
                        under this section for any purpose other than 
                        to make a determination on the application, for 
                        enforcement of paragraph (7);
                            ``(ii) make any publication whereby the 
                        information furnished by any particular 
                        applicant can be identified; or
                            ``(iii) permit anyone other than the sworn 
                        officers and employees of the Department or 
                        bureau or agency or, with respect to 
                        applications filed with a designated entity, 
                        that designated entity, to examine individual 
                        applications.
                    ``(B) Required disclosures.--The Attorney General 
                shall provide the information furnished under this 
                section, and any other information derived from such 
                furnished information, to a duly recognized law 
                enforcement entity in connection with a criminal 
                investigation or prosecution, when such information is 
                requested in writing by such entity, or to an official 
coroner for purposes of affirmatively identifying a deceased individual 
(whether or not such individual is deceased as a result of a crime).
                    ``(C) Authorized disclosures.--The Attorney General 
                may provide, in the Attorney General's discretion, for 
                the furnishing of information furnished under this 
                section in the same manner and circumstances as census 
                information may be disclosed by the Secretary of 
                Commerce under section 8 of title 13, United States 
                Code.
                    ``(D) Construction.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to limit the use, 
                        or release, for immigration enforcement 
                        purposes or law enforcement purposes of 
                        information contained in files or records of 
                        the Service pertaining to an application filed 
                        under this section, other than information 
                        furnished by an applicant pursuant to the 
                        application, or any other information derived 
                        from the application, that is not available 
                        from any other source.
                          ``(ii) Criminal convictions.--Information 
                        concerning whether the applicant has at any 
                        time been convicted of a crime may be used or 
                        released for immigration enforcement or law 
                        enforcement purposes.
                    ``(E) Crime.--Whoever knowingly uses, publishes, or 
                permits information to be examined in violation of this 
                paragraph shall be fined not more than $10,000.
            ``(7) Penalties for false statements in applications.--
        Whoever files an application for adjustment of status under 
        this section and knowingly and willfully falsifies, 
        misrepresents, conceals, or covers up a material fact or makes 
        any false, fictitious, or fraudulent statements or 
        representations, or makes or uses any false writing or document 
        knowing the same to contain any false, fictitious, or 
        fraudulent statement or entry, shall be fined in accordance 
        with title 18, United States Code, or imprisoned not more than 
        five years, or both.
            ``(8) Application fees.--
                    ``(A) Fee schedule.--The Attorney General shall 
                provide for a schedule of fees to be charged for the 
                filing of applications for adjustment under this 
                section. Such fees shall not exceed the Attorney 
                General's costs in adjudicating the applications.
                    ``(B) Use of fees.--The Attorney General shall 
                deposit payments received under this paragraph in a 
                separate account and amounts in such account shall be 
                available, without fiscal year limitation, to cover 
                administrative and other expenses incurred in 
                connection with the review of applications filed under 
                this subsection.
            ``(9) Authorized travel and employment.--During the period 
        after an alien has submitted an application under this 
        subsection and before the Attorney General has rendered a 
        decision to accept or reject such application, and during the 
        period after the acceptance of an alien's application under 
        this subsection and before the Attorney General has rendered a 
        final decision granting or denying such application, the 
        Attorney General--
                    ``(A) shall not remove the alien from the United 
                States;
                    ``(B) shall, in accordance with regulations, permit 
                the alien to return to the United States after such 
                brief and casual trips abroad as reflect an intention 
                on the part of the alien to adjust to lawful permanent 
                resident status under subsection (a) and after brief 
                temporary trips abroad occasioned by a family 
                obligation involving an occurrence such as the illness 
                or death of a close relative or other family need; and
                    ``(C) shall grant the alien authorization to engage 
                in employment in the United States and provide to that 
                alien an `employment authorized' endorsement or other 
                appropriate work permit for 12 months, renewable at 6-
                month intervals, until a final ruling on the 
                application is made.
    ``(c) Waiver of Numerical Limitations and Certain Grounds for 
Inadmissibility.--
            ``(1) Numerical limitations do not apply.--The numerical 
        limitations of sections 201 and 202 shall not apply to the 
        adjustment of aliens to lawful permanent resident status under 
        subsection (a) or (g).
            ``(2) Treatment of grounds for inadmissibility.--
                    ``(A) Inapplicable grounds for inadmissibility.--In 
                the determination of an alien's admissibility under 
                subsection (a), the provisions of paragraphs (4), (5), 
                (6)(A), (7)(A), and (9)(B) of section 212(a) shall not 
apply.
                    ``(B) Waiver of grounds for inadmissibility.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Attorney General may waive any 
                        other provision of section 212(a) in the case 
                        of individual aliens for humanitarian purposes, 
                        to assure family unity, or when it is otherwise 
                        in the public interest.
                            ``(ii) Grounds that may not be waived.--The 
                        following provisions of section 212(a) may not 
                        be waived by the Attorney General under clause 
                        (i):
                                    ``(I) Paragraphs (2)(A) and (2)(B) 
                                (relating to criminals).
                                    ``(II) Paragraph (2)(C) (relating 
                                to drug offenses), except for so much 
                                of such paragraph as relates to a 
                                single offense of simple possession of 
                                30 grams or less of marijuana.
                                    ``(III) Paragraph (3) (relating to 
                                security and related grounds).
                    ``(C) Medical examination.--The alien shall be 
                required, at the alien's expense, to undergo such a 
                medical examination (including a determination of 
                immunization status) as is appropriate and conforms to 
                generally accepted professional standards of medical 
                practice.
    ``(d) Temporary Stay of Deportation and Work Authorization Before 
Application Period.--The Attorney General may provide that in the case 
of an alien who is apprehended before the beginning of the application 
period described in subsection (a)(2)(A) and who can establish a prima 
facie case of eligibility to have his status adjusted under subsection 
(a) or (g) (but for the fact that the alien may not apply for such 
adjustment until the beginning of such period), until the alien has had 
the opportunity during the first 30 days of the application period to 
complete the filing of an application for adjustment, the alien--
            ``(1) may not be removed from the United States; and
            ``(2) shall be granted authorization to engage in 
        employment in the United States and be provided an `employment 
        authorized' endorsement or other appropriate work permit.
    ``(e) Administrative and Judicial Review.--
            ``(1) Administrative and judicial review.--There shall be 
        no administrative or judicial review of a determination 
        respecting an application for adjustment of status under 
        subsection (a) or (g) except in accordance with this 
        subsection.
            ``(2) No review for late filings.--No denial of adjustment 
        of status under subsection (a) or (g) based on a late filing of 
        an application for such adjustment may be reviewed by a court 
        of the United States or of any State or reviewed in any 
        administrative proceeding of the United States Government.
            ``(3) Administrative review.--
                    ``(A) Single level of administrative appellate 
                review.--The Attorney General shall establish an 
                appellate authority to provide for a single level of 
                administrative appellate review of a determination 
                described in paragraph (1).
                    ``(B) Standard for review.--Such administrative 
                appellate review shall be based solely upon the 
                administrative record established at the time of the 
                determination on the application and upon such 
                additional or newly discovered evidence as may not have 
                been available at the time of the determination.
            ``(4) Judicial review.--
                    ``(A) Limitation to review of deportation.--There 
                shall be judicial review of such a denial only in the 
                judicial review of an order of removal under section 
                242.
                    ``(B) Standard for judicial review.--Such judicial 
                review shall be based solely upon the administrative 
                record established at the time of the review by the 
                appellate authority and the findings of fact and 
                determinations contained in such record shall be 
                conclusive unless the applicant can establish abuse of 
                discretion or that the findings are directly contrary 
                to clear and convincing facts contained in the record 
                considered as a whole.
                    ``(C) Jurisdiction of courts.--Notwithstanding any 
                other provision of law, no court shall have 
                jurisdiction of any cause of action or claim by or on 
                behalf of any person asserting an interest under this 
                section unless such person in fact filed an application 
                under this section within the period specified by 
                subsection (a)(2) attempted to file a complete 
                application and application fee with an authorized 
                legalization officer of the Service but had the 
                application and fee refused by that officer.
    ``(f) Implementation of Section.--
            ``(1) Regulations.--The Attorney General, after 
        consultation with the Committees on the Judiciary of the House 
        of Representatives and of the Senate, shall prescribe--
                    ``(A) regulations establishing a definition of the 
                term `continuous residence', as used in this section, 
                and the evidence needed to establish that an alien has 
                resided continuously in the United States for purposes 
                of this section; and
                    ``(B) such other regulations as may be necessary to 
                carry out this section.
            ``(2) Considerations.--In prescribing regulations described 
        in paragraph (1)(A)--
                    ``(A) Periods of continuous residence.--The 
                Attorney General shall specify individual periods, and 
                aggregate periods, of absence from the United States 
                which will be considered to break a period of 
                continuous residence in the United States and shall 
                take into account absences due merely to brief and 
casual trips abroad.
                    ``(B) Absences caused by removal or advanced 
                parole.--The Attorney General shall provide that--
                            ``(i) an alien shall not be considered to 
                        have resided continuously in the United States, 
                        if, during any period for which continuous 
                        residence is required, the alien was outside 
                        the United States as a result of a departure 
                        under an order of removal or deportation; and
                            ``(ii) any period of time during which an 
                        alien is outside the United States pursuant to 
                        the advance parole procedures of the Service 
                        shall not be considered as part of the period 
                        of time during which an alien is outside the 
                        United States for purposes of this section.
                    ``(C) Waivers of certain absences.--The Attorney 
                General shall provide for a waiver, in the discretion 
                of the Attorney General, of the periods specified under 
                subparagraph (A) in the case of an absence from the 
                United States due merely to a brief temporary trip 
                abroad required by emergency or extenuating 
                circumstances outside the control of the alien.
                    ``(D) Use of certain documentation.--The Attorney 
                General shall require that--
                            ``(i) continuous residence and physical 
                        presence in the United States must be 
                        established through documents, together with 
                        independent corroboration of the information 
                        contained in such documents; and
                            ``(ii) the documents provided under clause 
                        (i) be employment-related if employment-related 
                        documents with respect to the alien are 
                        available to the applicant.
            ``(3) Interim final regulations.--Regulations prescribed 
        under this section may be prescribed to take effect on an 
        interim final basis if the Attorney General determines that 
        this is necessary in order to implement this section in a 
        timely manner.
    ``(g) Adjustment of Status for Spouses and Children.--
            ``(1) In general.--The status of an alien shall be adjusted 
        by the Attorney General to that of an alien lawfully admitted 
        for permanent residence concurrently with the adjustment of the 
        principal alien, if--
                    ``(A) the alien is the spouse or child of an alien 
                whose status is adjusted to that of an alien lawfully 
                admitted for permanent residence under subsection (a);
                    ``(B) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed;
                    ``(C) the alien is otherwise admissible to the 
                United States for permanent residence, except in 
                determining such admissibility the grounds for 
                inadmissibility specified in paragraphs (4), (5), 
                (6)(A), (7)(A), and (9)(B) of section 212(a) shall not 
                apply; and
                    ``(D) the alien applies for such adjustment before 
                the expiration of the application period specified in 
                subsection (a)(2)(A).
            ``(2) Determination of whether applicant is a child.--For 
        purposes of paragraph (1)(A), a determination of whether an 
        alien is a child shall be made using the age of the alien on 
        the date on which the alien's application under this subsection 
        is filed.
    ``(h) Inapplicability of Removal Order Reinstatement.--Section 
241(a)(5) shall not apply with respect to an alien who is applying for 
adjustment of status under this section.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 245A the following:

``Sec. 245B. Adjustment of status of certain entrants before January 1, 
                            2001, to that of person admitted for lawful 
                            residence.''.

                     TITLE II--REGISTRY DATE CHANGE

SEC. 201. CHANGE OF ENTRY DATE INTO THE UNITED STATES FOR PURPOSES OF A 
              RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR CERTAIN 
              ALIENS.

    (a) In General.--Section 249 (8 U.S.C. 1259) is amended--
            (1) in the section heading, by striking ``january 1, 1972'' 
        and inserting ``january 1, 2001''; and
            (2) in subsection (a), by striking ``January 1, 1972;'' and 
        inserting ``January 1, 2001;''.
    (b) Clerical Amendment.--The table of contents is amended in the 
item relating to section 249 by striking ``January 1, 1972'' and 
inserting ``January 1, 2001''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on January 1, 2007.

                        TITLE III--MISCELLANEOUS

SEC. 301. REGULATIONS.

    The Attorney General shall promulgate regulations to implement this 
Act not more than 90 days after the date of the enactment of this Act.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) are authorized to remain available until expended.

SEC. 303. EFFECTIVE DATE.

      Except as otherwise provided in this Act, the amendments made by 
this Act shall take effect on the date of the enactment of this Act.
                                 <all>