[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3575 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3575

To provide the nonimmigrant spouses and children of nonimmigrant aliens 
 who perished in the September 11 terrorist attacks an opportunity to 
adjust their status to that of an alien lawfully admitted for permanent 
                   residence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

   Mrs. Maloney (for herself, Mr. King of New York, Mr. Weiner, Mr. 
 Nadler, Mr. Higgins, Mr. Farr, Mr. Serrano, Mr. Engel, Mr. Owens, Mr. 
McDermott, Mr. Lantos, Ms. Schakowsky, Mr. Thompson of Mississippi, Ms. 
   Solis, Mr. Schiff, Mr. Berman, Mr. Pallone, Mr. Kennedy of Rhode 
  Island, and Mr. Grijalva) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide the nonimmigrant spouses and children of nonimmigrant aliens 
 who perished in the September 11 terrorist attacks an opportunity to 
adjust their status to that of an alien lawfully admitted for permanent 
                   residence, and for other purposes.

    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 ``September 11 Family Humanitarian 
Relief and Patriotism Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT VICTIMS OF 
              TERRORISM.

    (a) Adjustment of Status.--
            (1) In general.--The status of any alien described in 
        subsection (b) shall be adjusted by the Secretary of Homeland 
        Security to that of an alien lawfully admitted for permanent 
        residence, if the alien--
                    (A) applies for such adjustment not later than 2 
                years after the date on which the Secretary promulgates 
                final regulations to implement this section; and
                    (B) is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)) shall not apply.
            (2) Rules in applying certain provisions.--In the case of 
        an alien described in subsection (b) who is applying for 
        adjustment of status under this section--
                    (A) the provisions of section 241(a)(5) of the 
                Immigration and Nationality Act shall not apply; and
                    (B) the Secretary of Homeland Security may grant 
                the alien a waiver on the grounds of inadmissibility 
                under subparagraphs (A) and (C) of section 212(a)(9) of 
                such Act.
        In granting waivers under subparagraph (B), the Secretary shall 
        use standards used in granting consent under subparagraphs 
        (A)(iii) and (C)(ii) of such section 212(a)(9).
            (3) 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 (8 U.S.C. 1101 et seq.) may, 
        notwithstanding such order, apply for adjustment of status 
        under paragraph (1). Such an alien may not be required, as a 
        condition of submitting or granting such application, to file a 
        separate motion to reopen, reconsider, or vacate such order. If 
        the Secretary of Homeland Security grants the application, the 
        Secretary shall cancel the order. If the Secretary renders a 
        final administrative 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.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) was lawfully present in the United States as a 
        nonimmigrant alien described in section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
        September 10, 2001;
            (2) was, on such date, the spouse, child, dependent son, or 
        dependent daughter of an alien who--
                    (A) was lawfully present in the United States as a 
                nonimmigrant alien described in section 101(a)(15) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)) on such date; and
                    (B) died as a direct result of a specified 
                terrorist activity; and
            (3) was deemed to be a beneficiary of, and by, the 
        September 11th Victim Compensation Fund of 2001 (42 U.S.C. 
        40101).
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        removal 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 (8 U.S.C. 1101 
        et seq.), the Secretary of Homeland Security shall not order 
        any alien to be removed from the United States, if the alien is 
        in removal proceedings under any provision of such Act and has 
        applied for adjustment of status under subsection (a), except 
        where the Secretary has rendered a final administrative 
        determination to deny the application.
            (3) Work authorization.--The Secretary of Homeland Security 
        shall 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.
    (d) Availability of Administrative Review.--The Secretary of 
Homeland Security 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.

SEC. 3. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT VICTIMS OF 
              TERRORISM.

    (a) In General.--Subject to the provisions of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.), other than subsections (b)(1), 
(d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b), the 
Secretary of Homeland Security shall, under such section 240A, cancel 
the removal of, and adjust to the status of an alien lawfully admitted 
for permanent residence, an alien described in subsection (b), if the 
alien applies for such relief.
    (b) Aliens Eligible for Cancellation of Removal.--The benefits 
provided by subsection (a) shall apply to any alien who--
            (1) was, on September 10, 2001, the spouse, child, 
        dependent son, or dependent daughter of an alien who died as a 
        direct result of a specified terrorist activity; and
            (2) was deemed to be a beneficiary of, and by, the 
        September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
        40101).
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        removal to seek a stay of such order based on the filing of an 
        application under subsection (a).
            (2) Work authorization.--The Secretary of Homeland Security 
        shall authorize an alien who has applied for cancellation of 
        removal under subsection (a) to engage in employment in the 
        United States during the pendency of such application.
    (d) Motions to Reopen Removal Proceedings.--Notwithstanding any 
limitation imposed by law on motions to reopen removal proceedings 
(except limitations premised on an alien's conviction of an aggravated 
felony (as defined in section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43))), any alien who has become 
eligible for cancellation of removal as a result of the enactment of 
this section may file one motion to reopen removal proceedings to apply 
for such relief. The Secretary of Homeland Security shall designate a 
specific time period in which all such motions to reopen are required 
to be filed. The period shall begin not later than 60 days after the 
date of the enactment of this Act and shall extend for a period not to 
exceed 240 days.

SEC. 4. EXCEPTIONS.

    Notwithstanding any other provision of this Act, an alien may not 
be provided relief under this Act if the alien is--
            (1) inadmissible under paragraph (2) or (3) of section 
        212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)), or deportable under paragraph (2) or (4) of section 
        237(a) of such Act (8 U.S.C. 1227(a)), including any individual 
        culpable for a specified terrorist activity; or
            (2) a member of the family of an alien described in 
        paragraph (1).

SEC. 5. EVIDENCE OF DEATH.

    For purposes of this Act, the Secretary of Homeland Security shall 
use the standards established under section 426 of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 in 
determining whether death occurred as a direct result of a specified 
terrorist activity.

SEC. 6. DEFINITIONS.

    (a) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions 
used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
(excluding the definitions applicable exclusively to title III of such 
Act) shall apply in the administration of this Act.
    (b) Specified Terrorist Activity.--For purposes of this Act, the 
term ``specified terrorist activity'' means any terrorist activity 
conducted against the Government or the people of the United States on 
September 11, 2001.
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