[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 656 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 656

To provide for the adjustment of status of certain nationals of Liberia 
                 to that of lawful permanent residence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2003

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

_______________________________________________________________________

                                 A BILL


 
To provide for the adjustment of status of certain nationals of Liberia 
                 to that of lawful permanent residence.

    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 referred to as the ``Liberian Refugee Immigration 
Fairness Act of 2003''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--The Attorney General shall adjust 
                the status of an alien described in subsection (b) to 
                that of an alien lawfully admitted for permanent 
                residence, if the alien--
                            (i) applies for adjustment before April 1, 
                        2005; and
                            (ii) is otherwise eligible to receive an 
                        immigrant visa and is otherwise admissible to 
                        the United States for permanent residence, 
                        except that, in determining such admissibility, 
                        the grounds for inadmissibility specified in 
                        paragraphs (4), (5), (6)(A), and (7)(A) of 
                        section 212(a) of the Immigration and 
                        Nationality Act shall not apply.
                    (B) Ineligible aliens.--An alien shall not be 
                eligible for adjustment of status under this section if 
                the Attorney General finds that the alien has been 
                convicted of--
                            (i) any aggravated felony (as defined in 
                        section 101(a)(43) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(43)); or
                            (ii) two or more crimes involving moral 
                        turpitude.
            (2) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or ordered to depart voluntarily 
        from the United States under any provision of the Immigration 
        and Nationality Act may, notwithstanding such order, apply for 
        adjustment of status under paragraph (1), if otherwise 
        qualified under that paragraph. Such an alien may not be 
        required, as a condition on submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such order. If the Attorney General grants the 
        application, the Attorney General shall cancel the order. If 
        the Attorney General makes a final decision to deny the 
        application, the order shall be effective and enforceable to 
        the same extent as if the application had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided by subsection (a) 
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the 
                        United States from January 1, 2003, through the 
                        date of application under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or 
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For 
        purposes of establishing the period of continuous physical 
        presence referred to in paragraph (1), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reasons of an absence, or absences, from the United 
        States for any period or periods amounting in the aggregate to 
        not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Attorney General shall provide by 
        regulation for an alien who is subject to a final order of 
        deportation or removal or exclusion to seek a stay of such 
        order based on the filing of an application under subsection 
        (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order an alien to be removed from the United 
        States if the alien is in exclusion, deportation, or removal 
        proceedings under any provision of such Act and has applied for 
        adjustment of status under subsection (a), except where the 
        Attorney General has made a final determination to deny the 
        application.
            (3) Work authorization.--The Attorney General may authorize 
        an alien who has applied for adjustment of status under 
        subsection (a) to engage in employment in the United States 
        during the pendency of such application and may provide the 
        alien with an ``employment authorized'' endorsement or other 
        appropriate document signifying authorization of employment, 
        except that, if such application is pending for a period 
        exceeding 180 days and has not been denied, the Attorney 
        General shall authorize such employment.
    (d) Record of Permanent Residence.--Upon approval of an alien's 
application for adjustment of status under subsection (a), the Attorney 
General shall establish a record of the alien's admission for permanent 
record as of the date of the alien's arrival in the United States.
    (e) Availability of Administrative Review.--The Attorney General 
shall provide to applicants for adjustment of status under subsection 
(a) 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; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the Attorney 
General as to whether the status of any alien should be adjusted under 
this section is final and shall not be subject to review by any court.
    (g) No Offset in Number of Visas Available.--Whenever an alien is 
granted the status of having been lawfully admitted for permanent 
residence pursuant to this section, the Secretary of State shall not be 
required to reduce the number of immigrant visas authorized to be 
issued under any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
contained in the Immigration and Nationality Act shall apply in the 
administration of this section. Nothing contained in the Act shall be 
held to repeal, amend, alter, modify, effect, or restrict the powers, 
duties, function, or authority of the Attorney General 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 to be granted the status of having been lawfully admitted 
for permanent residence under this section shall not preclude the alien 
from seeking such status under any other provision of law for which the 
alien may be eligible.
                                 <all>