[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 342 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 342

  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 HOUSE OF REPRESENTATIVES

                            January 25, 2005

  Mr. Owens introduced the following bill; which was 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. 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 (in this 
Act referred to as the ``Secretary'') 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 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 pursuant to the designation of Montserrat under section 
        244A(b)(1) of the Immigration and Nationality Act on August 28, 
        1997.

SEC. 2. 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 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 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. 3. WORK AUTHORIZATION.

    The Secretary 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. 4. ADJUSTMENT OF STATUS FOR CERTAIN FAMILY MEMBERS.

    (a) In General.--The status of an alien shall be adjusted by the 
Secretary 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 shall not apply.

SEC. 5. AVAILABILITY OF REVIEW.

    (a) Administrative Review.--The Secretary 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; or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (b) Limitation on Judicial Review.--A determination by the 
Secretary 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. 6. NO OFFSET IN NUMBER OF VISAS AVAILABLE.

    The granting of adjustment of status under section 1 shall not 
reduce the number of immigrant visas authorized to be issued under any 
provision of the Immigration and Nationality Act.
                                 <all>