[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5003 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5003

For the relief of Malachy McAllister, Nicola McAllister, and Sean Ryan 
                              McAllister.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

 Mr. Rothman introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
For the relief of Malachy McAllister, Nicola McAllister, and Sean Ryan 
                              McAllister.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PERMANENT RESIDENT STATUS FOR MALACHY MCALLISTER, NICOLA 
              MCALLISTER, AND SEAN RYAN MCALLISTER.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Malachy McAllister, Nicola 
McAllister, and Sean Ryan McAllister shall each be eligible for 
issuance of an immigrant visa or for adjustment of status to that of an 
alien lawfully admitted for permanent residence upon filing an 
application for issuance of an immigrant visa under section 204 of such 
Act or for adjustment of status to lawful permanent resident.
    (b) Adjustment of Status.--If Malachy McAllister, Nicola 
McAllister, or Sean Ryan McAllister enters the United States before the 
filing deadline specified in subsection (c), he or she shall be 
considered to have entered and remained lawfully and shall, if 
otherwise eligible, be eligible for adjustment of status under section 
245 of the Immigration and Nationality Act as of the date of the 
enactment of this Act.
    (c) Waiver of Grounds for Removal of, or Denial of Admission to, 
Malachy McAllister, Nicola McAllister, and Sean Ryan McAllister.--
            (1) In general.--Notwithstanding sections 212(a) and 237(a) 
        of the Immigration and Nationality Act, Malachy McAllister, 
        Nicola McAllister, and Sean Ryan McAllister may not be removed 
        from the United States, or denied admission to the United 
        States, by reason of any act of any of such individuals that is 
        a ground for removal or denial of admission and is reflected in 
        the records of the Department of Homeland Security, or the Visa 
        Office of the Department of State, on the date of the enactment 
        of this Act.
            (2) Rescission of outstanding order of removal.--The 
        Secretary of Homeland Security shall rescind any outstanding 
        order of removal or deportation, or any finding of 
        deportability, that has been entered against Malachy 
        McAllister, Nicola McAllister, or Sean Ryan McAllister by 
        reason of any act described in paragraph (1).
    (d) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (e) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Malachy McAllister, Nicola 
McAllister, and Sean Ryan McAllister, the Secretary of State shall 
instruct the proper officer to reduce by 3, during the current or next 
following fiscal year, the total number of immigrant visas that are 
made available to natives of the country of the aliens' birth under 
section 203(a) of the Immigration and Nationality Act or, if 
applicable, the total number of immigrant visas that are made available 
to natives of the country of the aliens' birth under section 202(e) of 
such Act.
    (f) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Malachy 
McAllister, Nicola McAllister, and Sean Ryan McAllister shall not, by 
virtue of such relationship, be accorded any right, privilege, or 
status under the Immigration and Nationality Act.
                                 <all>