[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5402 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5402

To provide for immigration relief in the case of certain immigrants who 
               are innocent victims of immigration fraud.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2004

 Mr. Honda (for himself, Mr. Moran of Virginia, Ms. Lee, Mr. Crowley, 
  Mr. Evans, Ms. Linda T. Sanchez of California, Mr. George Miller of 
California, Ms. Bordallo, Mr. Meeks of New York, Mr. Lampson, Mr. Green 
    of Texas, Mr. Schiff, Mr. Capuano, Mr. Grijalva, Ms. Eshoo, Ms. 
 Schakowsky, and Ms. Lofgren) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for immigration relief in the case of certain immigrants who 
               are innocent victims of immigration fraud.

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

SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS OF IMMIGRATION 
              FRAUD.

    (a) In General.--
            (1) Relief upon approval of application.--If an alien, upon 
        application to the Secretary of Homeland Security, establishes 
        to the satisfaction of the Secretary that such alien is an 
        eligible alien (as defined in subsection (b)) and is, but for 
        the specified immigration fraud, admissible to the United 
        States as an immigrant and is not removable from the United 
        States, the Secretary shall provide immigration relief for such 
        alien under subsection (c).
            (2) Relief pending approval.--In the case of an eligible 
        alien, the Secretary shall suspend any pending proceedings 
        providing for revocation of adjustment of status, revocation of 
        naturalization, or removal with respect to such eligible alien 
        in order to provide such alien with a reasonable opportunity to 
        apply for immigration relief under this section and during the 
        pendency of the application for such relief.
    (b) Eligible Alien, Specified Immigration Fraud Defined.--For 
purposes of this section:
            (1) Eligible alien.--The term ``eligible alien'' means an 
        alien--
                    (A) who obtained status as a nonimmigrant on or 
                after January 1, 1980, and who, at the time of 
                obtaining such status, was a national of the Republic 
                of Korea;
                    (B) who applied, before January 1, 1999, through 
                one or more immigration brokers for adjustment of such 
                status to that of the status of an alien lawfully 
                admitted to the United States for permanent residence, 
                and who applied through the Immigration and 
                Naturalization office located in San Jose, California;
                    (C) whose application for adjustment of status 
                described in subparagraph (B) was approved as a result 
                of bribery by such immigration brokers of a supervisor 
                of the Immigration and Naturalization Service for such 
                office; and
                    (D) who had no actual knowledge of such fraud at 
                the time of such adjustment.
            (2) Treatment of spouses and children.--Such term includes 
        an alien who obtained lawful permanent resident status as the 
        spouse or child of an eligible alien described in paragraph 
        (1).
            (3) Specified immigration fraud.--The term ``specified 
        immigration fraud'' means the bribery described in paragraph 
        (1)(C).
    (c) Form of Immigration Relief.--
            (1) In general.--If an application of an eligible alien 
        under subsection (a) is approved, then--
                    (A) the specified immigration fraud shall not be 
                considered in determining the admissibility or 
                removeability of such alien; and
                    (B) the Secretary shall provide for the restoration 
                of the alien's status as if the original adjustment of 
                status described in subsection (b)(1)(C) had been 
                lawful, in accordance with the succeeding provisions of 
                this subsection.
            (2) Restoration of status to lawful permanent resident.--In 
        the case of an approved application for an alien whose 
        adjustment of status to lawful permanent resident status was 
        rescinded solely as a result of the specified immigration 
        fraud, the Secretary shall vitiate such rescission and shall 
        restore the status of such alien to that of an alien lawfully 
        admitted for permanent residence. Such restoration shall be 
        effective as of the date of such rescission.
            (3) Restoration of naturalization.--In the case of an 
        eligible alien who has been naturalized as a citizen of the 
        United States and whose naturalization was revoked solely as a 
        result of the specified immigration fraud, the Secretary shall 
        vitiate such revocation and shall restore such citizenship 
        status to such alien. Such restoration shall be effective as of 
        the date of such revocation.
            (4) Parole into the united states for eligible aliens who 
        have departed.--In the case of an eligible alien who has been 
        removed, or has voluntarily departed, from the United States in 
        connection with charges relating to specified immigration 
        fraud, the Secretary shall parole such alien into the United 
        States for the purpose of filing an application for immigration 
        relief under this section.
    (d) Procedures and Definitions.--
            (1) Procedures for application.--An alien seeking 
        immigration relief under this section shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require. The 
        Secretary shall not charge such alien a fee in connection with 
        such application.
            (2) No reduction in number of immigrant visas available.--
        The Secretary of State shall not reduce the number of immigrant 
        visas authorized to be issued under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) if an application of an 
        eligible alien for immigration relief under this section is 
        approved.
            (3) Application of other definitions.--For purposes of this 
        section and except as otherwise specifically provided, the term 
        ``Secretary '' means the Secretary of Homeland Security and the 
        definitions contained in the Immigration and Nationality Act 
        shall apply in the administration of this section. Nothing in 
        this section shall be construed to repeal, amend, alter, 
        modify, affect, or restrict the powers, duties, functions, or 
        authority of the Secretary in the administration and 
        enforcement of such Act or any other law relating to 
        immigration, nationality, or naturalization. The fact that an 
        alien may be eligible for immigration relief under this section 
        shall not preclude such alien from seeking immigration relief 
        under any other provision of law for which such alien may be 
        eligible.
                                 <all>