[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2816 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2816

  To provide for adjustment of immigration status for certain aliens 
  granted temporary protected status in the United States because of 
                       conditions in Montserrat.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2004

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

_______________________________________________________________________

                                 A BILL


 
  To provide for adjustment of immigration status for certain aliens 
  granted temporary protected status in the United States because of 
                       conditions in Montserrat.

    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 ``Montserrat Immigration Fairness 
Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF MONTSERRAT.

    (a) In General.--The status of any alien described in subsection 
(c) shall be adjusted by the Secretary of Homeland Security to that of 
an alien lawfully admitted for permanent residence, if the alien--
            (1) applies for such adjustment within 1 year after the 
        date of enactment of this Act; and
            (2) is determined to be admissible to the United States for 
        permanent residence.
    (b) Certain Grounds for Exclusion Inapplicable.--For purposes of 
determining admissibility under subsection (a)(2), the grounds for 
inadmissibility specified in paragraphs (4), (5), (6)(A), and 7(A) of 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) shall not apply.
    (c) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status under subsection (a) only if the 
alien--
            (1) is a national of Montserrat; and
            (2) was granted temporary protected status in the United 
        States by the Secretary of Homeland Security pursuant to the 
        designation of Montserrat under section 244(b)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)) on 
        August 28, 1997.

SEC. 3. EFFECT OF APPLICATION ON CERTAIN ORDERS.

     An alien present in the United States who has been ordered 
excluded, deported, or removed, or ordered to depart voluntarily, from 
the United States through an order of removal issued under the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, 
notwithstanding such order of removal, apply for adjustment of status 
under section 1. Such an alien shall not be required to file a separate 
motion to reopen, reconsider, or vacate the order of removal. If the 
Secretary of Homeland Security approves the application, the Secretary 
shall cancel the order of removal. If the Secretary renders a final 
administrative decision to deny the application, the order of removal 
shall be effective and enforceable to the same extent as if the 
application had not been made.

SEC. 4. WORK AUTHORIZATION.

     The Secretary of Homeland Security shall authorize an alien who 
has applied for adjustment of status under section 1 to engage in 
employment in the United States during the pendency of such application 
and shall provide the alien with an appropriate document signifying 
authorization of employment.

SEC. 5. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY MEMBERS.

    (a) In General.--The status of an alien shall be adjusted by the 
Secretary of Homeland Security to that of an alien lawfully admitted 
for permanent residence if the alien--
            (1) is the spouse, parent, or unmarried son or daughter of 
        an alien whose status is adjusted under section 1;
            (2) applies for adjustment under this section within 2 
        years after the date of enactment of this Act; and
            (3) is determined to be admissible to the United States for 
        permanent residence.
    (b) Certain Grounds for Exclusion Inapplicable.--For purposes of 
determining admissibility under subsection (a)(3), the grounds for 
inadmissibility specified in paragraphs (4), (5), (6)(A), and 7(A) of 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)) shall not apply.

SEC. 6. AVAILABILITY OF REVIEW.

    (a) Administrative Review.--The Secretary of Homeland Security 
shall provide to aliens applying for adjustment of status under section 
1 or 4 the same right to, and procedures for, administrative review as 
are provided to--
            (1) applicants for adjustment of status under section 245 
        of the Immigration and Nationality Act (8 U.S.C. 1255); or
            (2) aliens subject to removal proceedings under section 240 
        of such Act (8 U.S.C. 1229a).
    (b) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this Act is final and shall not be subject to 
review by any court.

SEC. 7. NO OFFSET IN NUMBER OF VISAS AVAILABLE.

     The granting of adjustment of status under section 2 shall not 
reduce the number of immigrant visas authorized to be issued under any 
provision of the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
                                 <all>