[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 440 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 440

 To amend the Immigration and Nationality Act to adjust the status of 
 certain aliens with longstanding ties to the United States to that of 
 an alien lawfully admitted to permanent residence, to promote family 
 unity, to improve national security, to modify provisions of such Act 
   affecting removal of aliens from the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2003

 Mr. Gutierrez (for himself, Mrs. Napolitano, Mr. Pastor, Mr. Serrano, 
Ms. Solis, Mr. Grijalva, and Mr. Acevedo-Vila) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to adjust the status of 
 certain aliens with longstanding ties to the United States to that of 
 an alien lawfully admitted to permanent residence, to promote family 
 unity, to improve national security, to modify provisions of such Act 
   affecting removal of aliens from the United States, 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--
            (1) the ``Unity, Security, Accountability, and Family 
        Act''; or
            (2) the ``U.S.A. Family Act''.

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.

SEC. 3. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) immigrants play a vital role in filling voids in our 
        workforce and adding strength and stability to our economy;
            (2) the Labor Department estimates that the total number of 
        jobs requiring only short-term training will increase from 
        53,200,000 in 2000 to 60,900,000 by 2010, a net increase of 
        7,700,000 jobs;
            (3) the number of workers currently available and able to 
        fill jobs that require short-term training continues to fall 
        because of an aging workforce and rising education levels;
            (4) the National Academy of Sciences reports that immigrant 
        households paid $133,000,000,000 in direct taxes to Federal, 
        State, and local governments in 1997, and that a typical 
        immigrant and his or her descendants pay an estimated $80,000 
        more in taxes than they receive in local, State, and Federal 
        benefits over their lifetimes;
            (5) separating families can be damaging to a household's 
        financial and emotional well-being and efforts should be taken 
        to keep husbands and wives, parents, and children together;
            (6) a mechanism that provides workers the opportunity for 
        legal permanent residence in the United States would save the 
        Federal Government billions of dollars each year in enforcement 
        initiatives and allow thousands of government personnel to 
        concentrate their efforts on safeguarding the homeland and 
        fighting terrorism; and
            (7) men and women entering the United States to fill 
        vacancies in the workforce and provide for their families are 
        being exploited and injured in increasing numbers because the 
        current system and market realities have crated a violent and 
        lucrative human border smuggling operation.
    (b) Purpose.--The purpose of this Act is to create a system that 
recognizes and reflects the enormous contributions immigrants make to 
our workforce and economy, helps hardworking families stay together, 
and protects our homeland by--
            (1) creating an improved system of accountability that 
        allows critical resources and manpower to be redirected to 
        fight the war on terror;
            (2) providing legal permanent residence to immigrants who 
        have been living in the United States for 5 years or more;
            (3) granting conditional legal status and work 
        authorization to all law-abiding immigrants living in the 
        United States for less than 5 years; and
            (4) repealing provisions that bar certain alien from 
        admission into the United States for a period of 3 to 10 years 
        or that place aliens at risk of removal from the United States 
        for having committed minor nonviolent offenses.

                    TITLE I--LEGALIZATION OF STATUS

SEC. 101. ADJUSTMENT OF STATUS OF CERTAIN 5-YEAR RESIDENTS TO THAT OF 
              PERSON ADMITTED FOR LAWFUL PERMANENT RESIDENCE.

    (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is 
amended by inserting after section 245A the following:

 ``adjustment of status of certain 5-year residents to that of person 
                admitted for lawful permanent 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.--The alien must 
                apply for such adjustment during the 24-month period 
                beginning on the date final regulations are issued to 
                carry out this section.
                    ``(B) Information included in application.--Each 
                application under subparagraph (A) 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 5-year residence.--
                    ``(A) In general.--
                            ``(i) 5 years.--The alien must establish 
                        continuous residence in the United States 
                        during the 5-year period ending on January 29, 
                        2003, and through the date the application was 
                        filed.
                            ``(ii) 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 presence.--
                    ``(A) In general.--The alien must establish that 
                the alien has been continuously physically present in 
                the United States since January 29, 2003.
                    ``(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 brief, casual, and innocent absences from the 
                United States.
                    ``(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);
                    ``(B) has not been convicted of any felony or three 
                or more misdemeanors committed in the United States;
                    ``(C) has not assisted in the persecution of any 
                person or persons on account of race, religion, 
                nationality, membership in a particular group, or 
                political opinion;
                    ``(D) is registered or registering under the 
                Military Selective Service Act, if the alien is 
                required to be so registered; and
                    ``(E) has not received public cash assistance.
    ``(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, not later than 90 days after the 
                alien's application under this subsection has been 
                accepted under paragraph (1), grant the alien 
                authorization to engage in employment in the United 
                States and provide to the alien an `employment 
                authorized' endorsement or other appropriate work 
                permit.
    ``(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), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
                (9)(C) 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 180 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) 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.
            ``(3) 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.
    ``(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), the following requirements shall apply:
                    ``(A) Periods of continuous residence.--The 
                Attorney General shall specify periods of absence from 
                the United States which will be considered to break a 
period of continuous residence in the United States and shall not take 
into account absences due merely to brief and casual trips abroad.
                    ``(B) Absences caused by removal.--If a waiver is 
                granted pursuant to subsection (c)(2)(B) for an alien 
                who is inadmissible under section 212(a)(9)(A) due to 
                having been ordered removed, or having departed the 
                United States while an order of removal was 
                outstanding, the Attorney General shall provide that 
                any period of time during which the alien is outside 
                the United States because of such removal or departure 
                shall be disregarded in determining any period of 
                continuous residence or presence in the United States 
                for purposes of this section.
                    ``(C) Absences caused by advance parole.--The 
                Attorney General shall provide that 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.
                    ``(D) 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.
                    ``(E) Use of certain documentation.--The Attorney 
                General shall provide that the applicant may submit 
                evidence to establish his or her continuous residence, 
                including--
                            ``(i) attestations;
                            ``(ii) photographs;
                            ``(iii) rental records;
                            ``(iv) medical records;
                            ``(v) employment;
                            ``(vi) school records;
                            ``(vii) bank records; and
                            ``(viii) attestations from community 
                        leaders, religious leaders, coworkers, or 
                        social service providers.
    ``(g) Family Unification.--
            ``(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 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), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
                (9)(C) of section 212(a) shall not apply; and
                    ``(C) the spouse or child was included in the 
                application required under subsection (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 application under subsection (a) 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.
    ``(i) Dissemination of Information on Legalization Program.--
Beginning not later than the first day of the application period 
described in subsection (a)(2)(A), the Attorney General, in cooperation 
with qualified designated entities, shall broadly disseminate 
information respecting the benefits which aliens may receive under this 
section and section 245C and the requirements to obtain such 
benefits.''.
    (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 5-year residents to that 
                            of person admitted for lawful residence.''.

SEC. 102. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN OTHER 
              ALIENS UNABLE TO SATISFY 5-YEAR RESIDENCE REQUIREMENT.

    (a) In General.--Chapter 5 of title II, as amended by section 101, 
is further amended by inserting after section 245B the following:

 ``conditional permanent resident status for certain aliens ineligible 
                   for adjustment under section 245b

    ``Sec. 245C. (a) In General.--
            ``(1) Conditional basis.--In the case of an alien who has 
        commenced a period of continuous residence in the United 
        States, who timely applies for adjustment of status under 
        section 245B, and who is otherwise eligible for adjustment of 
        status under subsection (a) of such section, except that the 
        alien is unable to satisfy the 5-year residence requirement 
        described in subsection (a)(3)(A)(i) of such section, the 
        Attorney General, notwithstanding such inability--
                    ``(A) shall accept the application in accordance 
                with subsection (b)(1) of such section if the 
                application otherwise satisfies the requirements of 
                section 245B; and
                    ``(B) shall adjust the status of the alien to that 
                of an alien lawfully admitted for permanent residence 
                on a conditional basis if the alien otherwise satisfies 
                the requirements of section 245B.
            ``(2) Exception.--The Attorney General shall deem an alien 
        described in paragraph (1) to have satisfied the 5-year 
        residence requirement described in section 245B(a)(3)(A)(i), 
        and shall adjust the status of the alien under section 245B(a) 
        and not under this section, if the alien establishes, before 
        the application for adjustment of status under section 245B is 
        adjudicated (and subject to section 245B(a)(3)(A)(ii)), that 
period of residence in the United States--
                    ``(A) has remained continuous for not less than 5 
                years; or
                    ``(B) will satisfy subparagraph (A) not later than 
                the end of the 90-day period beginning on such 
                adjudication date.
    ``(b) Family Unification.--In the case of a spouse or child of a 
principal alien who obtains permanent resident status on a conditional 
basis under subsection (a), the Attorney General shall provide for the 
concurrent granting of the same status to the spouse or child if, 
disregarding the inability of the principal alien to satisfy the 5-year 
residence requirement described in section 245B(a)(3)(A)(i), the spouse 
or child is eligible for adjustment of status under section 245B(g).
    ``(c) Application of Additional Provisions.--Except as otherwise 
provided in this section, the provisions of subsections (b), (c), (d), 
(e), and (h) of section 245B shall apply under this section in the same 
manner as such provisions apply under section 245B.
    ``(d) Notice of Requirements.--
            ``(1) At time of obtaining permanent residence.--At the 
        time an alien obtains permanent resident status on a 
        conditional basis under subsection (a) or (b), the Attorney 
        General shall provide for notice to such alien respecting the 
        provisions of this section and the requirements to have the 
        conditional basis of such status removed.
            ``(2) At time of required petition.--In addition, the 
        Attorney General shall attempt to provide notice to such alien, 
        at or about the beginning of the 90-day period described in 
        subsection (e)(2), of such provisions and requirements.
            ``(3) Effect of failure to provide notice.--The failure of 
        the Attorney General to provide a notice under this subsection 
        shall not affect the enforcement of the provisions of this 
        section with respect to any alien.
    ``(e) Requirement of Timely Petition for Removal of Condition on 
Principal Alien.--
            ``(1) In general.--In order for the conditional basis 
        established under subsection (a) for an alien to be removed, 
        the alien must submit to the Attorney General a petition which 
        requests the removal of such conditional basis and which 
        states, under penalty of perjury, facts and information 
        establishing--
                    ``(A) subject to section 245B(a)(3)(A)(ii), that 
                the period of residence described in subsection (a) has 
                remained continuous for not less than 5 years;
                    ``(B) that the alien has never been inadmissible 
                under section 212(a)(4); and
                    ``(C) subject to the exceptions described in 
                section 245B(c)(2), that the alien satisfies the 
                requirements of section 245B(a)(5).
            ``(2) Submission period.--A petition under paragraph (1) 
        shall be submitted during the 90-day period ending on the date 
        that is 5 years after the date on which the alien commenced the 
        period of residence described in subsection (a).
            ``(3) Termination of permanent resident status for failure 
        to file petition.--
                    ``(A) In general.--In the case of an alien with 
                permanent resident status on a conditional basis under 
                subsection (a), if no petition is filed with respect to 
                the alien in accordance with the provisions of 
                paragraphs (1) and (2), the Attorney General shall 
                terminate the permanent resident status of the alien 
                (and that of the alien's spouse and children, if 
                obtained under subsection (b)) as of the 5-year 
                anniversary of the date on which the period of 
                residence described in subsection (a) commenced.
                    ``(B) Hearing in removal proceeding.--In any 
                removal proceeding with respect to an alien whose 
                permanent resident status is terminated under 
                subparagraph (A), the burden of proof shall be on the 
                alien to establish compliance with the conditions of 
                paragraphs (1) and (2).
                    ``(C) Hardship waiver.--The Attorney General, in 
                the Attorney General's discretion, may remove the 
                conditional basis of the permanent resident status for 
                an alien who fails to meet the requirements of 
                paragraphs (1) and (2) if the alien demonstrates that 
                extreme hardship would result if such alien is removed.
    ``(f) Determination After Petition.--
            ``(1) In general.--If a petition is filed in accordance 
        with the provisions of subsection (e), the Attorney General 
        shall make a determination, within 90 days of the date of the 
        filing, as to whether the facts and information alleged in the 
        petition are true.
            ``(2) Removal of conditional basis if favorable 
        determination.--
                    ``(A) Principal alien.--If the Attorney General 
                determines that such facts and information are true, 
                the Attorney General shall so notify the parties 
                involved and shall remove the conditional basis of the 
                principal alien effective as of the 5th anniversary of 
                the date on which the period of residence described in 
                subsection (a) commenced.
                    ``(B) Spouse and children.--In the case of a spouse 
                or child with permanent resident status on a 
                conditional basis under subsection (b), upon the 
                removal of the principal alien's conditional basis 
                under subparagraph (B), the Attorney General shall 
                determine whether the spouse or child satisfies the 
                requirement of section 245B(g)(1)(B). If the spouse or 
                child is determined to satisfy such requirement, the 
                Attorney General shall so notify the parties involved 
                and shall remove the conditional basis of the spouse or 
                child effective as of the 5th anniversary of the date 
                on which the period of residence described in 
                subsection (a) commenced. Otherwise, the Attorney 
                General shall so notify the parties involved and shall 
                terminate the permanent resident status of the spouse 
                or child.
            ``(3) Termination if adverse determination.--If the 
        Attorney General determines that such facts and information are 
        not true, the Attorney General shall so notify the parties 
        involved and, subject to paragraph (4), shall terminate the 
        permanent resident status of the principal alien (and that of 
        the alien's spouse and children, if obtained under subsection 
        (b)).
            ``(4) Hearing in removal proceeding.--Any alien whose 
        permanent resident status is terminated under paragraph (3) 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 to establish, by a preponderance of 
        the evidence, that the facts and information required to be 
        alleged in the petition are not true.
    ``(g) Determination of Whether a Child.--For purposes of this 
section, 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 files an 
application for permanent residence under subsection (b).
    ``(h) Treatment of Period for Purposes of Naturalization.--For 
purposes of title III, in the case of an alien who is in the United 
States as a lawful permanent resident on a conditional basis under this 
section, the alien shall be considered to have been admitted as an 
alien lawfully admitted for permanent residence and to be in the United 
States as an alien lawfully admitted to the United States for permanent 
residence.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 245B the following:

``Sec. 245C. Conditional permanent resident status for certain aliens 
                            ineligible for adjustment under section 
                            245B.''.

    TITLE II--MODIFICATION OF PROVISIONS AFFECTING REMOVAL OF ALIENS

SEC. 201. ELIMINATION OF RETROACTIVE APPLICATION OF CERTAIN PROVISIONS 
              OF THE IMMIGRATION AND NATIONALITY ACT.

    (a) Cancellation of Removal.--Section 240A (8 U.S.C. 1229b) is 
amended by adding at the end the following new subsection:
    ``(f) Application of Law.--Notwithstanding any other provision of 
this section, an alien who committed an offense that was a ground for 
deportation or exclusion prior to April 1, 1997, shall have the law in 
effect at the time of the offense apply with respect to any application 
for relief from deportation or exclusion on that ground. For purposes 
of determining eligibility for such relief, such alien shall be 
credited with any periods of residency in the United States that the 
alien has accrued without regard to whether or not the residency 
occurred after the commission of the offense or service of a notice to 
appear under section 239(a).''.
    (b) Application of Aggravated Felony Definition.--The last sentence 
of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as 
follows: ``The term shall not apply to any offense that was not covered 
by the term on the date on which the offense occurred.''.
    (c) Grounds of Deportability.--Section 237 (8 U.S.C. 1227) is 
amended by adding at the end the following new subsection:
    ``(d) Notwithstanding any other provision of this section, an alien 
is not deportable by reason of committing any offense that was not a 
ground of deportability on the date the offense occurred.''.
    (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is 
amended--
            (1) by redesignating the subsection (p) added by section 
        1505(f) of P.L. 106-386 (114 Stat. 1526) as a subsection (s); 
        and
            (2) by adding at the end the following new subsection:
    ``(t)(1) Notwithstanding any other provision of this section, an 
alien is not inadmissible by reason of committing any offense that was 
not a ground of inadmissibility on the date the offense occurred.
    ``(2) Any alien who applied for admission to the United States or 
adjustment of status to that of an alien lawfully admitted for 
permanent residence prior to April 1, 1997, and was inadmissible under 
subsection (a)(6)(C), shall be eligible for the relief available 
(including any waiver of inadmissibility) at the time the application 
was filed.''.
    (e) Prospective Effective Dates.--
            (1) Illegal immigration reform and immigrant responsibility 
        act.--Notwithstanding any other provision of law, the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996, 
        and the amendments made by that Act, shall apply only to 
        persons seeking admission, or who became inadmissible or 
        deportable, on or after April 1, 1997, as the case may be.
            (2) Antiterrorism and effective death penalty act of 
        1996.--Notwithstanding any other provision of law, title IV of 
        the Antiterrorism and Effective Death Penalty Act of 1996, and 
        the amendments made by that title, shall only apply to persons 
        seeking admission, or who become deportable, on or after April 
        24, 1996.
            (3) Reinstatement of removal orders.--Section 241(a)(5) (8 
        U.S.C. 1231(a)(5)) is repealed, and such repeal shall apply to 
        all proceedings pending at any stage as of the date of the 
        enactment of this Act and to all cases brought on or after such 
        date.

SEC. 202. RESTORATION OF PROPORTIONALITY TO GROUNDS OF REMOVAL.

    (a) Definition of Crimes Involving Moral Turpitude.--Section 
237(a)(2)(A)(i) (8 U.S.C. 1227(a)(2)(A)(i)) is amended to read as 
follows:
                    ``(i) Crimes of moral turpitude.--Any alien who is 
                convicted of a crime involving moral turpitude 
                committed within five years after the date of 
                admissions (or 10 years in the case of an alien 
                provided lawful permanent residence status under 
                section 245(j)) for which the alien is confined in a 
                prison or correctional institution for more than one 
                year, is deportable.''.
    (b) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended--
            (1) in subparagraphs (F), (G), (J), (R), and (S), by 
        striking ``one year'' each place it appears and inserting 
        ``five years'';
            (2) by amending subparagraph (N) (8 U.S.C. 1101(a)(43)(N)) 
        to read as follows:
            ``(N) an offense described in section 274(a)(1) (relating 
        to alien smuggling) for the purpose of commercial advantage.'';
            (3) in subparagraph (P)(ii) (8 U.S.C. 1101(a)(43)(P)(ii)), 
        by striking ``child'' and inserting ``son or daughter'';
            (4) in subparagraph (T), by striking ``2 years''' and 
        inserting ``5 years'''; and
            (5) by adding at the end of section 101(a)(43) the 
        following: ``No crime shall be deemed to be an aggravated 
        felony if the underlying conviction is a misdemeanor or if the 
        sentence imposed is not in excess of one year.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to convictions entered before, on, or after the date of the 
enactment of this Act.
    (d) Conviction Defined.--Section 101(a)(48)(A) (8 U.S.C. 
1101(a)(48)(A)) is amended--
            (1) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively;
            (2) by striking ``(48)(A) The term'' and inserting 
        ``(48)(A)(i) Except as provided in clause (ii), the term''; and
            (3) by adding at the end the following:
    ``(ii) For purposes of determinations under this Act, the term 
`conviction' does not include any Federal, State, or foreign guilty 
plea or other record of guilt or conviction that has been expunged, 
dismissed, canceled, vacated, discharged or otherwise removed, or any 
Federal, State, or foreign deferred adjudication, adjudication of guilt 
withheld, order of probation without entry of judgment, or similar 
disposition.''.
    (e) Definition of Term of Imprisonment.--Section 101(a)(48)(B) (8 
U.S.C. 1101(a)(48)(B)) is amended to read as follows:
    ``(B) Any reference to a term of imprisonment or a sentence with 
respect to an offense is deemed to include the period of incarceration 
or confinement ordered by a court of law excluding any period of the 
suspension of the imposition or execution of that imprisonment or 
sentence in whole or in part.''.
    (f) Conforming Amendments.--
            (1) Ground of inadmissibility.--Section 212(a)(6)(E) (8 
        U.S.C. 1182(a)(6)(E)) is amended--
                    (A) in clause (i), by inserting ``and for 
                commercial advantage'' after ``knowingly'';
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).
            (2) Ground of deportability.--Section 237(a)(1)(E) (8 
        U.S.C. 1227(a)(1)(E)) is amended--
                    (A) in clause (i), by inserting ``and for 
                commercial advantage'' after ``knowingly'';
                    (B) by striking clause (ii); and
                    (C) by redesignating clause (iii) as clause (ii).

SEC. 203. ELIMINATION OF PROHIBITION ON ADMISSION FOR ALIENS WHO HAVE 
              BEEN UNLAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is 
amended--
            (1) by striking subparagraph (B); and
            (2) by redesignating subparagraph (C) as subparagraph (B).
    (b) Conforming Amendment.--Section 248 (8 U.S.C. 1258) is amended 
by striking ``and who is not inadmissible under section 212(a)(9)(B)(i) 
(or whose inadmissibility under such section is waived under section 
212(a)(9)(B)(v))''.

                        TITLE III--MISCELLANEOUS

SEC. 301. FAMILY UNIFICATION THROUGH CHANGE IN WORLDWIDE LEVEL OF 
              FAMILY-SPONSORED IMMIGRANTS.

    Section 201(c)(2) of the Immigration and Nationality Act (8 U.S.C. 
1151(c)(2)) is amended by striking ``the sum of the number of aliens 
described in subparagraphs (A) and (B) of subsection (b)(2)'' and 
inserting ``the number of aliens described in subsection (b)(2)(B)''.

SEC. 302. VISA FOR CERTAIN SPOUSES AND CHILDREN OF CITIZENS AND 
              PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.

    (a) In General.--Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is 
amended to read as follows:
            ``(V) subject to section 214(o), an alien (other than one 
        coming for the purpose of study or of performing skilled or 
        unskilled labor or as a representative of foreign press, radio, 
        film, or other foreign information media coming to engage in 
        such vocation) who is the beneficiary of a petition approved 
        under--
                    ``(i) section 204 (excluding the provisions of such 
                section referred to in clause (ii)) for classification 
                by reason of a relationship described in section 
                203(a)(2)(A) with an alien lawfully admitted for 
                permanent residence, who is awaiting the availability 
                of an immigrant visa based upon such approval, and who 
                seeks to enter the United States to achieve family 
                unity by joining the permanent resident alien in the 
                United States; or
                    ``(ii) clause (iii), (iv), or (v) of section 
                204(a)(1)(A) or clause (ii), (iii), or (iv) of section 
                204(a)(1)(B) and who is awaiting the availability of an 
                immigrant visa based upon such approval.''.
    (b) Conforming Amendments.--Section 214 (8 U.S.C. 1184) is 
amended--
            (1) by redesignating the subsections (o) and (p) added by 
        sections 1102(b) and 1103(b), respectively, of the Departments 
        of Commerce, Justice, and State, the Judiciary, and Related 
        Agencies Appropriations Act, 2001, as enacted into law by 
        section 1(a)(2) of P.L. 106-553 as subsections (p) and (q); and
            (2) in subsection (p) (as so redesignated)--
                    (A) in paragraph (1)(B)(i), by striking ``under 
                section 203(a)(2)(A)'' each place such term appears;
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                    (C) in paragraph (2)(C) (as so redesignated), by 
                striking ``(6)(A), (7), and (9)(B)'' and inserting 
                ``(6)(A) and (7)''.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. 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. 402. 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. 403. 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>