[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 3015 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 3015

                For the relief of Fatuka Kaikumba Flake.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2004

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

_______________________________________________________________________

                                 A BILL


 
                For the relief of Fatuka Kaikumba Flake.

    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 FATUKA KAIKUMBA FLAKE.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Fatuka Kaikumba Flake shall 
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) Waiver of Grounds for Removal or Denial of Admission.--
            (1) In general.--Notwithstanding sections 212(a) and 237(a) 
        of the Immigration and Nationality Act, Fatuka Kaikumba Flake 
        may not be removed from the United States, denied admission to 
        the United States, or considered ineligible for lawful 
        permanent residence in the United States, by reason of any 
        ground for removal or denial of admission that 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 
        inadmissibility or deportability, that has been entered against 
        Fatuka Kaikumba Flake by reason of any ground described in 
        paragraph (1).
    (c) Adjustment of Status.--If Fatuka Kaikumba Flake enters, or is 
admitted or paroled into, the United States before the filing deadline 
specified in subsection (c), 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.
    (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 Fatuka Kaikumba Flake, the 
Secretary of State shall instruct the proper officer to reduce by 1, 
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 alien's 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 alien's birth 
under section 202(e) of such Act.
                                 <all>