[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1919 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1919

   To amend the Immigration and Nationality Act in order to reunify 
  families, to provide for earned adjustment of status, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2005

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

_______________________________________________________________________

                                 A BILL


 
   To amend the Immigration and Nationality Act in order to reunify 
  families, to provide for earned adjustment of status, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Immigrant 
Accountability Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
   TITLE I--ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND 
                                REENTRY

Sec. 101. Adjustment of status.
Sec. 102. Mandatory departure and reentry.
Sec. 103. Correction of Social Security records.
                     TITLE II--FAMILY REUNIFICATION

Sec. 201. Treatment of immediate relatives with respect to the family 
                            immigration cap.
Sec. 202. Reclassification of spouses and minor children of legal 
                            permanent residents as immediate relatives.
Sec. 203. Exceptions.

   TITLE I--ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND 
                                REENTRY

SEC. 101. ADJUSTMENT OF STATUS.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after 
section 245A the following:

                     ``access to earned adjustment

    ``Sec. 245B. (a) Adjustment of Status.--
            ``(1) Principal aliens.--Notwithstanding any other 
        provision of law, the Secretary of Homeland Security shall 
        adjust to the status of an alien lawfully admitted for 
        permanent residence, an alien who satisfies the following 
        requirements:
                    ``(A) Application.--The alien shall file an 
                application establishing eligibility for adjustment of 
                status and pay the fine required under subsection (m) 
                and any additional amounts owed under that subsection.
                    ``(B) Continuous physical presence.--
                            ``(i) In general.--The alien shall 
                        establish that the alien--
                                    ``(I) was physically present in the 
                                United States on or before the date 
                                that is 5 years before the date of 
                                introduction of the Immigrant 
                                Accountability Act of 2005;
                                    ``(II) was not legally present in 
                                the United States on such date of 
                                introduction; and
                                    ``(III) did not depart from the 
                                United States during the 5-year period 
                                ending on such date of introduction, 
                                except for brief, casual, and innocent 
                                departures.
                            ``(ii) Legally present.--For purposes of 
                        this subparagraph, an alien who has violated 
                        any conditions of his or her visa shall be 
                        considered not to be legally present in the 
                        United States.
                    ``(C) Admissible under immigration laws.--The alien 
                shall establish that the alien is not inadmissible 
                under section 212(a) except for any provision of that 
                section that is waived under subsection (b) of this 
                section.
                    ``(D) Employment in united states.--
                            ``(i) In general.--The alien shall have 
                        been employed in the United States, in the 
                        aggregate, for--
                                    ``(I) at least 3 years during the 
                                5-year period ending on the date of 
                                introduction of the Immigrant 
                                Accountability Act of 2005; and
                                    ``(II) at least 6 years after the 
                                date of enactment of such Act.
                            ``(ii) Exceptions.--
                                    ``(I) The employment requirement in 
                                clause (i)(I) shall not apply to an 
                                individual who is under 20 years of age 
                                on the date of enactment of the 
                                Immigrant Accountability Act of 2005.
                                    ``(II) The employment requirement 
                                in clause (i)(II) shall be reduced for 
                                an individual who cannot demonstrate 
                                employment based on a physical or 
                                mental disability or as a result of 
                                pregnancy.
                                    ``(III) The employment requirement 
                                in clause (i)(II) shall be reduced for 
                                an individual who is under 20 years of 
                                age on the date of enactment of the 
                                Immigrant Accountability Act of 2005 by 
                                a period of time equal to the time 
                                period beginning on such date of 
                                enactment and ending on the date on 
                                which the individual reaches 20 years 
                                of age.
                                    ``(IV) The employment requirements 
                                in clause (i) shall be reduced by 1 
                                year for each year of full time post-
                                secondary study in the United States 
                                during the relevant period.
                            ``(iii) Portability.--An alien shall not be 
                        required to complete the employment 
                        requirements in clause (i) with the same 
                        employer.
                            ``(iv) Evidence of employment.--
                                    ``(I) Conclusive documents.--For 
                                purposes of satisfying the requirements 
                                in clause (i), the alien shall submit 
                                at least 2 of the following documents 
                                for each period of employment, which 
                                shall be considered conclusive evidence 
                                of such employment:
                                            ``(aa) Records maintained 
                                        by the Social Security 
                                        Administration.
                                            ``(bb) Records maintained 
                                        by an employer, such as pay 
                                        stubs, time sheets, or 
                                        employment work verification.
                                            ``(cc) Records maintained 
                                        by the Internal Revenue 
                                        Service.
                                            ``(dd) Records maintained 
                                        by a union or day labor center.
                                            ``(ee) Records maintained 
                                        by any other government agency, 
                                        such as worker compensation 
                                        records, disability records, or 
                                        business licensing records.
                                    ``(II) Other documents.--Aliens 
                                unable to submit documents described in 
                                subclause (I) shall submit at least 3 
                                other types of reliable documents, 
                                including sworn declarations, for each 
                                period of employment to satisfy the 
                                requirement in clause (i).
                                    ``(III) Intent of congress.--It is 
                                the intent of Congress that the 
                                requirement in clause (i) be 
                                interpreted and implemented in a manner 
                                that recognizes and takes into account 
                                the difficulties encountered by aliens 
                                in obtaining evidence of employment due 
                                to the undocumented status of the 
                                alien.
                            ``(v) Burden of proof.--An alien applying 
                        for adjustment of status under this subsection 
                        has the burden of proving by a preponderance of 
                        the evidence that the alien has satisfied the 
                        employment requirements in clause (i). An alien 
                        may satisfy such burden of proof by producing 
                        sufficient evidence to show the extent of that 
                        employment as a matter of just and reasonable 
                        inference. Once the burden is met, the burden 
                        shall shift to the Secretary of Homeland 
                        Security to disprove the alien's evidence with 
                        a showing which negates the reasonableness of 
                        the inference to be drawn from the evidence.
                    ``(E) Payment of income taxes.--Not later than the 
                date on which status is adjusted under this subsection, 
                the alien shall establish the payment of all Federal 
                and State income taxes owed for employment during the 
                period of employment required under subparagraph 
                (D)(i). The alien may satisfy such requirement by 
                establishing that--
                            ``(i) no such tax liability exists;
                            ``(ii) all outstanding liabilities have 
                        been met; or
                            ``(iii) the alien has entered into an 
                        agreement for payment of all outstanding 
                        liabilities with the Internal Revenue Service 
                        and with the department of revenue of each 
                        State to which taxes are owed.
                    ``(F) Basic citizenship skills.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the alien shall demonstrate that 
                        the alien either--
                                    ``(I) meets the requirements of 
                                section 312(a) (relating to minimal 
                                understanding of ordinary English and a 
                                knowledge and understanding of the 
                                history and Government of the United 
                                States); or
                                    ``(II) is satisfactorily pursuing a 
                                course of study, recognized by the 
                                Secretary of Homeland Security, to 
                                achieve such understanding of English 
                                and the history and Government of the 
                                United States.
                            ``(ii) Exceptions.--
                                    ``(I) Mandatory.--The requirements 
                                of clause (i) shall not apply to any 
                                person who is unable to comply with 
                                those requirements because of a 
                                physical or developmental disability or 
                                mental impairment.
                                    ``(II) Discretionary.--The 
                                Secretary of Homeland Security may 
                                waive all or part of the requirements 
                                of clause (i) in the case of an alien 
                                who is 65 years of age or older as of 
                                the date of the filing of the 
                                application for adjustment of status.
                    ``(G) Security and law enforcement clearances.--The 
                alien shall submit fingerprints in accordance with 
                procedures established by the Secretary of Homeland 
                Security. Such fingerprints shall be submitted to 
                relevant Federal agencies to be checked against 
                existing databases for information relating to 
                criminal, national security, or other law enforcement 
                actions that would render the alien ineligible for 
                adjustment of status under this subsection. The 
                relevant Federal agencies shall work to ensure that 
                such clearances are completed within 90 days of the 
                submission of fingerprints. An appeal of a security 
                clearance determination by the Secretary of Homeland 
                Security shall be processed through the Department of 
                Homeland Security.
                    ``(H) Military selective service.--The alien shall 
                establish that if the alien is within the age period 
                required under the Military Selective Service Act (50 
                U.S.C. App. 451 et seq.) that such alien has registered 
                under that Act.
                    ``(I) Adjustment of status.--An alien may not 
                adjust to an immigrant classification under this 
                section until after the earlier of--
                            ``(i) the consideration of all applications 
                        filed under section 201, 202, or 203 before the 
                        date of enactment of this section; or
                            ``(ii) 8 years after the date of enactment 
                        of this section.
            ``(2) Spouses and children.--
                    ``(A) In general.--
                            ``(i) Adjustment of status.--
                        Notwithstanding any other provision of law, the 
                        Secretary of Homeland Security shall, if 
                        otherwise eligible under subparagraph (B), 
                        adjust the status to that of a lawful permanent 
                        resident for--
                                    ``(I) the spouse, or child who was 
                                under 21 years of age on the date of 
                                enactment of the Immigrant 
                                Accountability Act of 2005, of an alien 
                                who adjusts status or is eligible to 
                                adjust status to that of a permanent 
                                resident under paragraph (1); or
                                    ``(II) an alien who, within 5 years 
                                preceding the date of enactment of the 
                                Immigrant Accountability Act of 2005, 
                                was the spouse or child of an alien who 
                                adjusts status to that of a permanent 
                                resident under paragraph (1), if--
                                            ``(aa) the termination of 
                                        the qualifying relationship was 
                                        connected to domestic violence; 
                                        or
                                            ``(bb) the spouse or child 
                                        has been battered or subjected 
                                        to extreme cruelty by the 
                                        spouse or parent who adjusts 
                                        status or is eligible to adjust 
                                        status to that of a permanent 
                                        resident under paragraph (1).
                            ``(ii) Application of other law.--In acting 
                        on applications filed under this paragraph with 
                        respect to aliens who have been battered or 
                        subjected to extreme cruelty, the Secretary of 
                        Homeland Security shall apply the provisions of 
                        section 204(a)(1)(J) and the protections, 
                        prohibitions, and penalties under section 384 
                        of the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1367).
                    ``(B) Grounds of inadmissibility not applicable.--
                In establishing admissibility to the United States, the 
                spouse or child described in subparagraph (A) shall 
                establish that they are not inadmissible under section 
                212(a), except for any provision of that section that 
                is waived under subsection (b) of this section.
                    ``(C) Security and law enforcement clearance.--The 
                spouse or child, if that child is 14 years of age or 
                older, described in subparagraph (A) shall submit 
                fingerprints in accordance with procedures established 
                by the Secretary of Homeland Security. Such 
                fingerprints shall be submitted to relevant Federal 
                agencies to be checked against existing databases for 
                information relating to criminal, national security, or 
                other law enforcement actions that would render the 
                alien ineligible for adjustment of status under this 
                subsection. The relevant Federal agencies shall work to 
                ensure that such clearances are completed within 90 
                days of the submission of fingerprints. An appeal of a 
                denial by the Secretary of Homeland Security shall be 
                processed through the Department of Homeland Security.
            ``(3) Nonapplicability of numerical limitations.--When an 
        alien is granted lawful permanent resident status under this 
        subsection, the number of immigrant visas authorized to be 
        issued under any provision of this Act shall not be reduced.
    ``(b) Grounds of Inadmissibility.--
            ``(1) Applicable provisions.--In the determination of an 
        alien's admissibility under paragraphs (1)(C) and (2) of 
        subsection (a), the following provisions of section 212(a) 
        shall apply and may not be waived by the Secretary of Homeland 
        Security under paragraph (3)(A):
                    ``(A) Paragraph (1) (relating to health).
                    ``(B) Paragraph (2) (relating to criminals).
                    ``(C) Paragraph (3) (relating to security and 
                related grounds).
                    ``(D) Subparagraphs (A) and (C) of paragraph (10) 
                (relating to polygamists and child abductors).
            ``(2) Grounds of inadmissibility not applicable.--The 
        provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
        (6)(G), (7), (9), and (10)(B) of section 212(a) shall not apply 
        to an alien who is applying for adjustment of status under 
        subsection (a).
            ``(3) Waiver of other grounds.--
                    ``(A) In general.--Except as provided in paragraph 
                (1), the Secretary of Homeland Security may waive any 
                provision of section 212(a) in the case of individual 
                aliens for humanitarian purposes, to ensure family 
                unity, or when it is otherwise in the public interest.
                    ``(B) Construction.--Nothing in this paragraph 
                shall be construed as affecting the authority of the 
                Secretary of Homeland Security, other than under this 
                subparagraph, to waive the provisions of section 
                212(a).
            ``(4) Special rule for determination of public charge.--An 
        alien is not ineligible for adjustment of status under 
        subsection (a) by reason of a ground of inadmissibility under 
        section 212(a)(4) if the alien establishes a history of 
        employment in the United States evidencing self-support without 
        public cash assistance.
            ``(5) Special rule for individuals where there is no 
        commercial purpose.--An alien is not ineligible for adjustment 
        of status under subsection (a) by reason of a ground of 
        inadmissibility under section 212(a)(6)(E) if the alien 
        establishes that the action referred to in that section was 
        taken for humanitarian purposes, to ensure family unity, or was 
        otherwise in the public interest.
            ``(6) Applicability of other provisions.--Section 241(a)(5) 
        and section 240B(d) shall not apply with respect to an alien 
        who is applying for adjustment of status under subsection (a).
    ``(c) Treatment of Applicants.--
            ``(1) In general.--An alien who files an application under 
        subsection (a)(1)(A) for adjustment of status, including a 
        spouse or child who files for adjustment of status under 
        subsection (b)--
                    ``(A) shall be granted employment authorization 
                pending final adjudication of the alien's application 
                for adjustment of status;
                    ``(B) shall be granted permission to travel abroad 
                pursuant to regulation pending final adjudication of 
                the alien's application for adjustment of status;
                    ``(C) shall not be detained, determined 
                inadmissible or deportable, or removed pending final 
                adjudication of the alien's application for adjustment 
                of status, unless the alien commits an act which 
                renders the alien ineligible for such adjustment of 
                status; and
                    ``(D) shall not be considered an unauthorized alien 
                as defined in section 274A(h)(3) until such time as 
                employment authorization under subparagraph (A) is 
                denied.
            ``(2) Document of authorization.--The Secretary of Homeland 
        Security shall provide each alien described in paragraph (1) 
        with a counterfeit-resistant document of authorization that--
                    ``(A) meets all current requirements established by 
                the Secretary of Homeland Security for travel 
                documents, including the requirements under section 403 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1324a note); and
                    ``(B) reflects the benefits and status set forth in 
                paragraph (1).
            ``(3) Security and law enforcement clearance.--Before an 
        alien is granted employment authorization or permission to 
        travel under paragraph (1), the alien shall be required to 
        undergo a name check against existing databases for information 
        relating to criminal, national security, or other law 
        enforcement actions. The relevant Federal agencies shall work 
        to ensure that such name checks are completed not later than 90 
        days after the date on which the name check is requested.
            ``(4) Termination of proceedings.--An alien in removal 
        proceedings who establishes prima facie eligibility for 
        adjustment of status under subsection (a) shall be entitled to 
        termination of the proceedings pending the outcome of the 
        alien's application, unless the removal proceedings are based 
        on criminal or national security grounds.
    ``(d) Apprehension Before Application Period.--The Secretary of 
Homeland Security shall provide that in the case of an alien who is 
apprehended before the beginning of the application period described in 
subsection (a) and who can establish prima facie eligibility to have 
the alien's status adjusted under that subsection (but for the fact 
that the alien may not apply for such adjustment until the beginning of 
such period), until the alien has had the opportunity during the first 
180 days of the application period to complete the filing of an 
application for adjustment, the alien may not be removed from the 
United States unless the alien is removed on the basis that the alien 
has engaged in criminal conduct or is a threat to the national security 
of the United States.
    ``(e) Confidentiality of Information.--
            ``(1) In general.--Except as otherwise provided in this 
        section, no Federal agency or bureau, nor any officer or 
        employee of such agency or bureau, may--
                    ``(A) use the information furnished by the 
                applicant pursuant to an application filed under 
                paragraph (1) or (2) of subsection (a) for any purpose 
                other than to make a determination on the application;
                    ``(B) make any publication through which the 
                information furnished by any particular applicant can 
                be identified; or
                    ``(C) permit anyone other than the sworn officers 
                and employees of such agency, bureau, or approved 
                entity, as approved by the Secretary of Homeland 
                Security, to examine individual applications that have 
                been filed.
            ``(2) Required disclosures.--The Secretary of Homeland 
        Security and the Secretary of State shall provide the 
        information furnished pursuant to an application filed under 
        paragraph (1) or (2) of subsection (a), and any other 
        information derived from such furnished information, to a duly 
        recognized law enforcement entity in connection with a criminal 
        investigation or prosecution or a national security 
        investigation or prosecution, in each instance about an 
        individual suspect or group of suspects, when such information 
        is requested in writing by such entity.
            ``(3) Criminal penalty.--Any person who knowingly uses, 
        publishes, or permits information to be examined in violation 
        of this subsection shall be fined not more than $10,000.
    ``(f) Penalties for False Statements in Applications.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person to--
                            ``(i) file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        conceal, or cover up a material fact or make 
                        any false, fictitious, or fraudulent statements 
                        or representations, or make or use any false 
                        writing or document knowing the same to contain 
                        any false, fictitious, or fraudulent statement 
                        or entry; or
                            ``(ii) create or supply a false writing or 
                        document for use in making such an application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, or imprisoned not more 
                than 5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States.
            ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
        any alien or other entity (including an employer or union) that 
        submits an employment record that contains incorrect data that 
        the alien used in order to obtain such employment, shall not 
        have violated this subsection.
    ``(g) Ineligibility for Public Benefits.--For purposes of section 
403 of the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (8 U.S.C. 1613), an alien whose status has been adjusted in 
accordance with subsection (a) shall not be eligible for any Federal 
means-tested public benefit unless the alien meets the alien 
eligibility criteria for such benefit under title IV of such Act (8 
U.S.C. 1601 et seq.).
    ``(h) Relationships of Application to Certain Orders.--
            ``(1) In general.--An alien who is present in the United 
        States and has been ordered excluded, deported, removed, or to 
        depart voluntarily from the United States or is subject to 
        reinstatement of removal under any provision of this Act may, 
        notwithstanding such order, apply for adjustment of status 
        under subsection (a). Such an alien shall not be required, as a 
        condition of submitting or granting such application, to file a 
        separate motion to reopen, reconsider, or vacate the exclusion, 
        deportation, removal or voluntary departure order. If the 
        Secretary of Homeland Security grants the application, the 
        order shall be canceled. If the Secretary of Homeland Security 
        renders a final administrative decision to deny the 
        application, such order shall be effective and enforceable. 
        Nothing in this paragraph shall affect the review or stay of 
        removal under subsection (j).
            ``(2) Stay of removal.--The filing of an application 
        described in paragraph (1) shall stay the removal or detainment 
        of the alien pending final adjudication of the application, 
        unless the removal or detainment of the alien is based on 
        criminal or national security grounds.
    ``(i) Application of Other Provisions.--Nothing in this section 
shall preclude an alien who may be eligible to be granted adjustment of 
status under subsection (a) from seeking such status under any other 
provision of law for which the alien may be eligible.
    ``(j) Administrative and Judicial Review.--
            ``(1) In general.--Except as provided in this subsection, 
        there shall be no administrative or judicial review of a 
        determination respecting an application for adjustment of 
        status under subsection (a).
            ``(2) Administrative review.--
                    ``(A) Single level of administrative appellate 
                review.--The Secretary of Homeland Security shall 
                establish an appellate authority to provide for a 
                single level of administrative appellate review of a 
                determination respecting an application for adjustment 
                of status under subsection (a).
                    ``(B) Standard for review.--Administrative 
                appellate review referred to in subparagraph (A) shall 
                be based solely upon the administrative record 
                established at the time of the determination on the 
                application and upon the presentation of additional or 
                newly discovered evidence during the time of the 
                pending appeal.
            ``(3) Judicial review.--
                    ``(A) Direct review.--A person whose application 
                for adjustment of status under subsection (a) is denied 
                after administrative appellate review under paragraph 
                (2) may seek review of such denial, in accordance with 
                chapter 7 of title 5, United States Code, before the 
                United States district court for the district in which 
                the person resides.
                    ``(B) Review after removal proceedings.--There 
                shall be judicial review in the Federal courts of 
                appeal of the denial of an application for adjustment 
                of status under subsection (a) in conjunction with 
                judicial review of an order of removal, deportation, or 
                exclusion, but only if the validity of the denial has 
                not been upheld in a prior judicial proceeding under 
                subparagraph (A). Notwithstanding any other provision 
                of law, the standard for review of such a denial shall 
                be governed by subparagraph (C).
                    ``(C) Standard for judicial review.--Judicial 
                review of a denial of an application under this section 
                shall be based solely upon the administrative record 
                established at the time of the review. The findings of 
                fact and other determinations contained in the record 
                shall be conclusive unless the applicant can establish 
                abuse of discretion or that the findings are directly 
                contrary to clear and convincing facts contained in the 
                record, considered as a whole.
            ``(4) Stay of removal.--Aliens seeking administrative or 
        judicial review under this subsection shall not be removed from 
        the United States until a final decision is rendered 
        establishing ineligibility under this section, unless such 
        removal is based on criminal or national security grounds.
    ``(k) Dissemination of Information on Adjustment Program.--During 
the 12 months following the issuance of final regulations in accordance 
with subsection (o), the Secretary of Homeland Security, in cooperation 
with approved entities, approved by the Secretary of Homeland Security, 
shall broadly disseminate information respecting adjustment of status 
under this section and the requirements to be satisfied to obtain such 
status. The Secretary of Homeland Security shall also disseminate 
information to employers and labor unions to advise them of the rights 
and protections available to them and to workers who file applications 
under this section. Such information shall be broadly disseminated, in 
the languages spoken by the top 15 source countries of the aliens who 
would qualify for adjustment of status under this section, including to 
television, radio, and print media such aliens would have access to.
    ``(l) Employer Protections.--
            ``(1) Immigration status of alien.--Employers of aliens 
        applying for adjustment of status under this section shall not 
        be subject to civil and criminal tax liability relating 
        directly to the employment of such alien.
            ``(2) Provision of employment records.--Employers that 
        provide unauthorized aliens with copies of employment records 
        or other evidence of employment pursuant to an application for 
        adjustment of status under this section or any other 
        application or petition pursuant to other provisions of the 
        immigration laws, shall not be subject to civil and criminal 
        liability pursuant to section 274A for employing such 
        unauthorized aliens.
            ``(3) Applicability of other law.--Nothing in this 
        subsection shall be used to shield an employer from liability 
        pursuant to section 274B or any other labor and employment law 
        provisions.
    ``(m) Authorization of Funds; Fines.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Department of Homeland 
        Security such sums as are necessary to commence the processing 
        of applications filed under this section.
            ``(2) Fine.--An alien who files an application under this 
        section shall pay a fine commensurate with levels charged by 
        the Department of Homeland Security for other applications for 
        adjustment of status.
            ``(3) Additional amounts owed.--Prior to the adjudication 
        of an application for adjustment of status filed under this 
        section, the alien shall pay an amount equaling $2,000, but 
        such amount shall not be required from an alien under the age 
        of 18.
            ``(4) Use of amounts collected.--The Secretary of Homeland 
        Security shall deposit payments received under this subsection 
        in the Immigration Examinations Fee Account, and these payments 
        in such account shall be available, without fiscal year 
        limitation, such that--
                    ``(A) 80 percent of such funds shall be available 
                to the Department of Homeland Security for border 
                security purposes;
                    ``(B) 10 percent of such funds shall be available 
                to the Department of Homeland Security for implementing 
                and processing applications under this section; and
                    ``(C) 10 percent of such funds shall be available 
                to the Department of Homeland Security and the 
                Department of State to cover administrative and other 
                expenses incurred in connection with the review of 
                applications filed by immediate relatives as a result 
                of the amendments made by title II of the Immigrant 
                Accountability Act of 2005.
    ``(n) Mandatory Departure and Reentry.--Any alien who is physically 
present in the United States on the date of introduction of the 
Immigrant Accountability Act of 2005 who seeks to adjust status under 
this section but does not satisfy the requirements of subparagraph (B) 
or (D) of subsection (a)(1) shall be eligible to depart the United 
States and to seek admission as a nonimmigrant or immigrant alien as 
described in section 245C.
    ``(o) Issuance of Regulations.--Not later than 120 days after the 
date of enactment of the Immigrant Accountability Act of 2005, the 
Secretary of Homeland Security shall issue regulations to implement 
this section.''.
    (b) Table of Contents.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 245A the following:

``245B. Access to Earned Adjustment.''.

SEC. 102. MANDATORY DEPARTURE AND REENTRY.

    (a) In General.--Chapter 5 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1255 et seq.), as amended by section 101(a), 
is further amended by inserting after section 245B the following: ``

                   ``mandatory departure and reentry

    ``Sec. 245C. (a) In General.--The Secretary of Homeland Security 
may grant Deferred Mandatory Departure status to aliens who are in the 
United States illegally to allow such aliens time to depart the United 
States and to seek admission as a nonimmigrant or immigrant alien.
    ``(b) Requirements.--An alien desiring an adjustment of status 
under subsection (a) shall meet the following requirements:
            ``(1) Presence.--The alien shall establish that the alien--
                    ``(A) was physically present in the United States 
                on the date of introduction of the Immigrant 
                Accountability Act of 2005;
                    ``(B) has been continuously in the United States 
                since such date, except for brief, casual, and innocent 
                departures; and
                    ``(C) was not legally present in the United States 
                on that date under any classification set forth in 
                section 101(a)(15).
            ``(2) Employment.--
                    ``(A) In general.--The alien shall establish that 
                the alien--
                            ``(i) was employed in the United States, 
                        whether full time, part time, seasonally, or 
                        self-employed, before the date on which the 
                        Secure America and Orderly Immigration Act was 
                        introduced; and
                            ``(ii) has been employed in the United 
                        States since that date.
                    ``(B) Evidence of employment.--
                            ``(i) In general.--An alien may 
                        conclusively establish employment status in 
                        compliance with subparagraph (A) by submitting 
                        to the Secretary of Homeland Security records 
                        demonstrating such employment maintained by--
                                    ``(I) the Social Security 
                                Administration, Internal Revenue 
                                Service, or by any other Federal, 
                                State, or local government agency;
                                    ``(II) an employer; or
                                    ``(III) a labor union, day labor 
                                center, or an organization that assists 
                                workers in matters related to 
                                employment.
                            ``(ii) Other documents.--An alien who is 
                        unable to submit a document described in 
                        subclauses (I) through (III) of clause (i) may 
                        satisfy the requirement in subparagraph (A) by 
                        submitting to the Secretary at least 2 other 
                        types of reliable documents that provide 
                        evidence of employment, including--
                                    ``(I) bank records;
                                    ``(II) business records;
                                    ``(III) sworn affidavits from 
                                nonrelatives who have direct knowledge 
                                of the alien's work; or
                                    ``(IV) remittance records.
                            ``(iii) Intent of congress.--It is the 
                        intent of Congress that the requirement in this 
                        subsection be interpreted and implemented in a 
                        manner that recognizes and takes into account 
                        the difficulties encountered by aliens in 
                        obtaining evidence of employment due to the 
                        undocumented status of the alien.
                            ``(iv) Burden of proof.--An alien who is 
                        applying for adjustment of status under this 
                        section has the burden of proving by a 
                        preponderance of the evidence that the alien 
                        has satisfied the requirements of this 
                        subsection. An alien may meet such burden of 
                        proof by producing sufficient evidence to 
                        demonstrate such employment as a matter of 
                        reasonable inference.
            ``(3) Admissibility.--
                    ``(A) In general.--The alien shall establish that 
                such alien--
                            ``(i) is admissible to the United States, 
                        except as provided as in (B); and
                            ``(ii) has not assisted in the persecution 
                        of any person or persons on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion.
                    ``(B) Grounds not applicable.--The provisions of 
                paragraphs (5), (6)(A), and (7) of section 212(a) shall 
                not apply.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                may waive any other provision of section 212(a), or a 
                ground of ineligibility under paragraph (4), in the 
                case of individual aliens for humanitarian purposes, to 
                assure family unity, or when it is otherwise in the 
                public interest.
            ``(4) Ineligible.--The alien is ineligible for Deferred 
        Mandatory Departure status if the alien--
                    ``(A) has been ordered excluded, deported, removed, 
                or to depart voluntarily from the United States; or
                    ``(B) fails to comply with any request for 
                information by the Secretary of Homeland Security.
            ``(5) Medical examination.--The alien may be required, at 
        the alien's expense, to undergo such a medical examination 
        (including a determination of immunization status) as is 
        appropriate and conforms to generally accepted professional 
        standards of medical practice.
            ``(6) Termination.--The Secretary of Homeland Security may 
        terminate an alien's Deferred Mandatory Departure status if--
                    ``(A) the Secretary of Homeland Security determines 
                that the alien was not in fact eligible for such 
                status; or
                    ``(B) the alien commits an act that makes the alien 
                removable from the United States.
            ``(7) Application content and waiver.--
                    ``(A) Application form.--The Secretary of Homeland 
                Security shall create an application form that an alien 
                shall be required to complete as a condition of 
                obtaining Deferred Mandatory Departure status.
                    ``(B) Content.--In addition to any other 
                information that the Secretary requires to determine an 
                alien's eligibility for Deferred Mandatory Departure, 
                the Secretary shall require an alien to answer 
                questions concerning the alien's physical and mental 
                health, criminal history, gang membership, renunciation 
                of gang affiliation, immigration history, involvement 
                with groups or individuals that have engaged in 
                terrorism, genocide, persecution, or who seek the 
                overthrow of the United States Government, voter 
                registration history, claims to United States 
                citizenship, and tax history.
                    ``(C) Waiver.--The Secretary of Homeland Security 
                shall require an alien to include with the application 
                a waiver of rights that explains to the alien that, in 
                exchange for the discretionary benefit of obtaining 
                Deferred Mandatory Departure status, the alien agrees 
                to waive any right to administrative or judicial review 
                or appeal of an immigration officer's determination as 
                to the alien's eligibility, or to contest any removal 
                action, other than on the basis of an application for 
                asylum or restriction of removal pursuant to the 
                provisions contained in section 208 or 241(b)(3), or 
                under the Convention Against Torture and Other Cruel, 
                Inhuman or Degrading Treatment or Punishment, done at 
                New York December 10, 1984, or cancellation of removal 
                pursuant to section 240A(a).
                    ``(D) Knowledge.--The Secretary of Homeland 
                Security shall require an alien to include with the 
                application a signed certification in which the alien 
                certifies that the alien has read and understood all of 
                the questions and statements on the application form, 
                and that the alien certifies under penalty of perjury 
                under the laws of the United States that the 
                application, and any evidence submitted with it, are 
                all true and correct, and that the applicant authorizes 
                the release of any information contained in the 
                application and any attached evidence for law 
                enforcement purposes.
    ``(c) Implementation and Application Time Periods.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        ensure that the application process is secure and incorporates 
        antifraud protection. The Secretary of Homeland Security shall 
        interview an alien to determine eligibility for Deferred 
        Mandatory Departure status and shall utilize biometric 
        authentication at time of document issuance.
            ``(2) Initial receipt of applications.--The Secretary of 
        Homeland Security shall begin accepting applications for 
        Deferred Mandatory Departure status not later than 3 months 
        after the date on which the application form is first made 
        available.
            ``(3) Application.--An alien must submit an initial 
        application for Deferred Mandatory Departure status not later 
        than 6 months after the date on which the application form is 
        first made available. An alien that fails to comply with this 
        requirement is ineligible for Deferred Mandatory Departure 
        status.
            ``(4) Completion of processing.--The Secretary of Homeland 
        Security shall ensure that all applications for Deferred 
        Mandatory Departure status are processed not later than 12 
        months after the date on which the application form is first 
        made available.
    ``(d) Security and Law Enforcement Background Checks.--An alien may 
not be granted Deferred Mandatory Departure status unless the alien 
submits biometric data in accordance with procedures established by the 
Secretary of Homeland Security. The Secretary of Homeland Security may 
not grant Deferred Mandatory Departure status until all appropriate 
background checks are completed to the satisfaction of the Secretary of 
Homeland Security.
    ``(e) Acknowledgment.--
            ``(1) In general.--An alien who applies for Deferred 
        Mandatory Departure status shall submit to the Secretary of 
        Homeland Security--
                    ``(A) an acknowledgment made in writing and under 
                oath that the alien--
                            ``(i) is unlawfully present in the United 
                        States and subject to removal or deportation, 
                        as appropriate, under this Act; and
                            ``(ii) understands the terms of the terms 
                        of Deferred Mandatory Departure;
                    ``(B) any Social Security account number or card in 
                the possession of the alien or relied upon by the 
                alien;
                    ``(C) any false or fraudulent documents in the 
                alien's possession.
            ``(2) Use of information.--None of the documents or other 
        information provided in accordance with paragraph (1) may be 
        used in a criminal proceeding against the alien providing such 
        documents or information.
    ``(f) Mandatory Departure.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        grant Deferred Mandatory Departure status to an alien who meets 
        the requirements of this section for a period not to exceed 3 
        years.
            ``(2) Registration at time of departure.--An alien granted 
        Deferred Mandatory Departure shall--
                    ``(A) depart from the United States before the 
                expiration of the period of Deferred Mandatory 
                Departure status;
                    ``(B) register with the Secretary of Homeland 
                Security at the time of departure; and
                    ``(C) surrender any evidence of Deferred Mandatory 
                Departure status at the time of departure.
            ``(3) Application for readmission.--An alien under this 
        section may apply for admission to the United States as an 
        immigrant or nonimmigrant while in the United States or from 
        any location outside of the United States, but may not be 
        granted admission until the alien has departed from the United 
        States in accordance with paragraph (2).
            ``(4) Effect of readmission on spouse or child.--The spouse 
        or child of an alien granted Deferred Mandatory Departure and 
        subsequently granted an immigrant or nonimmigrant visa before 
        departing the United States shall be--
                    ``(A) deemed to have departed under this section 
                upon the successful admission of the principal alien; 
                and
                    ``(B) eligible for the derivative benefits 
                associated with the immigrant or nonimmigrant visa 
                granted to the principal alien without regard to 
                numerical caps related to such visas.
            ``(5) Waivers.--The Secretary of Homeland Security may 
        waive the departure requirement under this subsection if the 
        alien--
                    ``(A) is granted an immigrant or nonimmigrant visa; 
                and
                    ``(B) can demonstrate that the departure of the 
                alien would create a substantial hardship on the alien 
                or an immediate family member of the alien.
            ``(6) Return in legal status.--An alien who complies with 
        the terms of Deferred Mandatory Departure status and who 
        departs before the expiration of such status--
                    ``(A) shall not be subject to section 212(a)(9)(B); 
                and
                    ``(B) if otherwise eligible, may immediately seek 
                admission as a nonimmigrant or immigrant.
            ``(7) Failure to depart.--An alien who fails to depart the 
        United States prior to the expiration of Mandatory Deferred 
        Departure status is not eligible and may not apply for or 
        receive any immigration relief or benefit under this Act or any 
        other law for a period of 10 years, with the exception of 
        section 208 or 241(b)(3) or the Convention Against Torture and 
        Other Cruel, Inhuman or Degrading Treatment or Punishment, done 
        at New York December 10, 1984, in the case of an alien who 
        indicates either an intention to apply for asylum under section 
        208 or a fear of persecution or torture.
            ``(8) Penalties for delayed departure.--An alien who fails 
        to depart immediately shall be subject to--
                    ``(A) no fine if the alien departs not later than 1 
                year after the grant of Deferred Mandatory Departure;
                    ``(B) a fine of $2,000 if the alien does not depart 
                within 2 years after the grant of Deferred Mandatory 
                Departure; and
                    ``(C) a fine of $3,000 if the alien does not depart 
                within 3 years after the grant of Deferred Mandatory 
                Departure.
    ``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of 
Deferred Mandatory Departure status shall be machine-readable and 
tamper-resistant, shall allow for biometric authentication, and shall 
comply with the requirements under section 403 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note). The Secretary of Homeland Security is authorized to 
incorporate integrated-circuit technology into the document. The 
Secretary of Homeland Security shall consult with the Forensic Document 
Laboratory in designing the document. The document may serve as a 
travel, entry, and work authorization document during the period of its 
validity. The document may be accepted by an employer as evidence of 
employment authorization and identity under section 274A(b)(1)(B).
    ``(h) Terms of Status.--
            ``(1) Reporting.--During the period of Deferred Mandatory 
        Departure, an alien shall comply with all registration 
        requirements under section 264.
            ``(2) Travel.--
                    ``(A) An alien granted Deferred Mandatory Departure 
                is not subject to section 212(a)(9) for any unlawful 
                presence that occurred prior to the Secretary of 
                Homeland Security granting the alien Deferred Mandatory 
                Departure status.
                    ``(B) Under regulations established by the 
                Secretary of Homeland Security, an alien granted 
                Deferred Mandatory Departure--
                            ``(i) may travel outside of the United 
                        States and may be readmitted if the period of 
                        Deferred Mandatory Departure status has not 
                        expired; and
                            ``(ii) must establish at the time of 
                        application for admission that the alien is 
                        admissible under section 212.
                    ``(C) Effect on period of authorized admission.--
                Time spent outside the United States under subparagraph 
                (B) shall not extend the period of Deferred Mandatory 
                Departure status.
            ``(3) Benefits.--During the period in which an alien is 
        granted Deferred Mandatory Departure under this section--
                    ``(A) the alien shall not be considered to be 
                permanently residing in the United States under the 
                color of law and shall be treated as a nonimmigrant 
                admitted under section 214; and
                    ``(B) the alien may be deemed ineligible for public 
                assistance by a State (as defined in section 
                101(a)(36)) or any political subdivision thereof which 
                furnishes such assistance.
    ``(i) Prohibition on Change of Status or Adjustment of Status.--
Before leaving the United States, an alien granted Deferred Mandatory 
Departure status may not apply to change status under section 248.
    ``(j) Application Fee.--
            ``(1) In general.--An alien seeking a grant of Deferred 
        Mandatory Departure status shall submit, in addition to any 
        other fees authorized by law, an application fee of $1,000.
            ``(2) Use of fee.--The fees collected under paragraph (1) 
        shall be available for use by the Secretary of Homeland 
        Security for activities to identify, locate, or remove illegal 
        aliens.
    ``(k) Family Members.--
            ``(1) In general.--Subject subsection (f)(4), the spouse or 
        child of an alien granted Deferred Mandatory Departure status 
        is subject to the same terms and conditions as the principal 
        alien.
            ``(2) Application fee.--
                    ``(A) In general.--The spouse or child of an alien 
                seeking Deferred Mandatory Departure status shall 
                submit, in addition to any other fee authorized by law, 
                an additional fee of $500.
                    ``(B) Use of fee.--The fees collected under 
                subparagraph (A) shall be available for use by the 
                Secretary of Homeland Security for activities to 
                identify, locate, or remove aliens who are removable 
                under section 237.
    ``(l) Employment.--
            ``(1) In general.--An alien who has applied for or has been 
        granted Deferred Mandatory Departure status may be employed in 
        the United States.
            ``(2) Continuous employment.--An alien granted Deferred 
        Mandatory Departure status must be employed while in the United 
        States. An alien who fails to be employed for 60 days is 
        ineligible for hire until the alien has departed the United 
        States and reentered. The Secretary of Homeland Security may 
        reauthorize an alien for employment without requiring the 
        alien's departure from the United States.
    ``(m) Enumeration of Social Security Number.--The Secretary of 
Homeland Security, in coordination with the Commissioner of the Social 
Security system, shall implement a system to allow for the enumeration 
of a Social Security number and production of a Social Security card at 
the time the Secretary of Homeland Security grants an alien Deferred 
Mandatory Departure status.
    ``(n) Penalties for False Statements in Application for Deferred 
Mandatory Departure.--
            ``(1) Criminal penalty.--
                    ``(A) Violation.--It shall be unlawful for any 
                person--
                            ``(i) to file or assist in filing an 
                        application for adjustment of status under this 
                        section and knowingly and willfully falsify, 
                        misrepresent, conceal, or cover up a material 
                        fact or make any false, fictitious, or 
                        fraudulent statements or representations, or 
                        make or use any false writing or document 
                        knowing the same to contain any false, 
                        fictitious, or fraudulent statement or entry; 
                        or
                            ``(ii) to create or supply a false writing 
                        or document for use in making such an 
                        application.
                    ``(B) Penalty.--Any person who violates 
                subparagraph (A) shall be fined in accordance with 
                title 18, United States Code, imprisoned not more than 
                5 years, or both.
            ``(2) Inadmissibility.--An alien who is convicted of a 
        crime under paragraph (1) shall be considered to be 
        inadmissible to the United States on the ground described in 
        section 212(a)(6)(C)(i).
    ``(o) Relation to Cancellation of Removal.--With respect to an 
alien granted Deferred Mandatory Departure status under this section, 
the period of such status shall not be counted as a period of physical 
presence in the United States for purposes of section 240A(a), unless 
the Secretary of Homeland Security determines that extreme hardship 
exists.
    ``(p) Waiver of Rights.--An alien is not eligible for Deferred 
Mandatory Departure status, unless the alien has waived any right to 
contest, other than on the basis of an application for asylum, 
restriction of removal, or protection under the Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 
done at New York December 10, 1984, or cancellation of removal pursuant 
to section 240A(a), any action for deportation or removal of the alien 
that is instituted against the alien subsequent to a grant of Deferred 
Mandatory Departure status.
    ``(q) Denial of Discretionary Relief.--The determination of whether 
an alien is eligible for a grant of Deferred Mandatory Departure status 
is solely within the discretion of the Secretary of Homeland Security. 
Notwithstanding any other provision of law, no court shall have 
jurisdiction to review--
            ``(1) any judgment regarding the granting of relief under 
        this section; or
            ``(2) any other decision or action of the Secretary of 
        Homeland Security the authority for which is specified under 
        this section to be in the discretion of the Secretary, other 
        than the granting of relief under section 208(a).
    ``(r) Judicial Review.--
            ``(1) Limitations on relief.--Without regard to the nature 
        of the action or claim and without regard to the identity of 
        the party or parties bringing the action, no court may--
                    ``(A) enter declaratory, injunctive, or other 
                equitable relief in any action pertaining to--
                            ``(i) an order or notice denying an alien a 
                        grant of Deferred Mandatory Departure status or 
                        any other benefit arising from such status; or
                            ``(ii) an order of removal, exclusion, or 
                        deportation entered against an alien after a 
                        grant of Deferred Mandatory Departure status; 
                        or
                    ``(B) certify a class under Rule 23 of the Federal 
                Rules of Civil Procedure in any action for which 
                judicial review is authorized under a subsequent 
                paragraph of this subsection.
            ``(2) Challenges to validity.--
                    ``(A) In general.--Any right or benefit not 
                otherwise waived or limited pursuant this section is 
                available in an action instituted in the United States 
                District Court for the District of Columbia, but shall 
                be limited to determinations of--
                            ``(i) whether such section, or any 
                        regulation issued to implement such section, 
                        violates the Constitution of the United States; 
                        or
                            ``(ii) whether such a regulation, or a 
                        written policy directive, written policy 
                        guideline, or written procedure issued by or 
                        under the authority of the Secretary of 
                        Homeland Security to implement such section, is 
                        not consistent with applicable provisions of 
                        this section or is otherwise in violation of 
                        law.''.
    (b) Table of Contents.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.), as amended by section 
101(b) is amended by inserting after the item relating to section 245B 
the following:

``245C. Mandatory Departure and Reentry.''.
    (c) Conforming Amendment.--Amend section 237(a)(2)(A)(i)(II) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(i)(II)) is 
amended by striking the period at the end and inserting ``(or 6 months 
in the case of an alien granted Deferred Mandatory Departure status 
under section 245C),''.
    (d) Statutory Construction.--Nothing in this section, or any 
amendment made by this section, shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such amounts as may be necessary for facilities, personnel 
(including consular officers), training, technology, and processing 
necessary to carry out the amendments made by this section.

SEC. 103. CORRECTION OF SOCIAL SECURITY RECORDS.

    Section 208(e)(1) of the Social Security Act (42 U.S.C. 408(e)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end of 
        clause (ii);
            (2) in subparagraph (C), by inserting ``or'' at the end;
            (3) by inserting after subparagraph (C) the following:
                    ``(D) whose status is adjusted to that of lawful 
                permanent resident under section 245B of the 
                Immigration and Nationality Act,''; and
            (4) by striking ``1990.'' and inserting ``1990, or in the 
        case of an alien described in subparagraph (D), if such conduct 
        is alleged to have occurred prior to the date on which the 
        alien became lawfully admitted for temporary residence.''.

                     TITLE II--FAMILY REUNIFICATION

SEC. 201. TREATMENT OF IMMEDIATE RELATIVES WITH RESPECT TO THE FAMILY 
              IMMIGRATION CAP.

    (a) Exemption of Immediate Relatives From Family Sponsored 
Immigrant Cap.--Section 201(c)(1)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1151(c)(1)(A)) is amended by striking clauses (i), (ii), 
and (iii) and inserting the following:
            ``(i) 480,000, minus
            ``(ii) the number computed under paragraph (3), plus
            ``(iii) the number (if any) computed under paragraph 
        (2).''.
    (b) Technical and Conforming Amendments.--Section 201(c) of the 
Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.

SEC. 202. RECLASSIFICATION OF SPOUSES AND MINOR CHILDREN OF LEGAL 
              PERMANENT RESIDENTS AS IMMEDIATE RELATIVES.

    (a) Immediate Relatives.--Section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is 
amended--
            (1) in the first sentence, by inserting ``or the spouses 
        and children of aliens lawfully admitted for permanent 
        residence,'' after ``United States,'';
            (2) in the second sentence--
                    (A) by inserting ``or lawful permanent resident'' 
                after ``citizen'' each place that term appears; and
                    (B) by inserting ``or lawful permanent resident's'' 
                after ``citizen's'' each place that term appears;
            (3) in the third sentence, by inserting ``or the lawful 
        permanent resident loses lawful permanent resident status'' 
        after ``United States citizenship''; and
            (4) by adding at the end the following: ``A spouse or 
        child, as defined in subparagraph (A), (B), (C), (D), or (E) of 
        section 101(b)(1), shall be entitled to the same status, and 
        the same order of consideration provided in the respective 
        subsection, if accompanying or following to join the spouse or 
        parent. The same treatment shall apply to parents of citizens 
        of the United States being entitled to the same status, and the 
        same order of consideration provided in the respective 
        subsection, if accompanying or following to join their daughter 
        or son.''.
    (b) Allocation of Immigrant Visas.--Section 203(a) of the 
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended--
            (1) in paragraph (1), by striking ``23,400'' and inserting 
        ``38,000'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Unmarried sons and unmarried daughters of permanent 
        resident aliens.--Qualified immigrants who are the unmarried 
        sons or unmarried daughters (but are not the children) of an 
        alien lawfully admitted for permanent residence shall be 
        allocated visas in a number not to exceed 60,000 plus the 
        number (if any) by which such worldwide level exceeds 226,000, 
        plus any visas not required for the class specified in 
        paragraph (1).'';
            (3) in paragraph (3), by striking ``23,400'' and inserting 
        ``38,000''; and
            (4) in paragraph (4), by striking ``65,000'' and inserting 
        ``90,000''.
    (c) Technical and Conforming Amendments.--
            (1) Rules for determining whether certain aliens are 
        immediate relatives.--Section 201(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1151(f)) is amended--
                    (A) in paragraph (1), by striking ``paragraphs (2) 
                and (3),'' and inserting ``paragraph (2),'';
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph 
                (2).
            (2) Numerical limitation to any single foreign state.--
        Section 202 of the Immigration and Nationality Act (8 U.S.C. 
        1152) is amended--
                    (A) in subsection (a)(4)--
                            (i) by striking subparagraphs (A) and (B);
                            (ii) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (A) and (B), respectively; 
                        and
                            (iii) in subparagraph (A), as redesignated, 
                        by striking ``section 203(a)(2)(B)'' and 
                        inserting ``section 203(a)(2)''; and
                    (B) in subsection (e), in the flush matter 
                following paragraph (3), by striking ``, or as limiting 
                the number of visas that may be issued under section 
                203(a)(2)(A) pursuant to subsection (a)(4)(A)''.
            (3) Allocation of immigration visas.--Section 203(h) of the 
        Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsections (a)(2)(A) and 
                        (d)'' and inserting ``subsection (d)'';
                            (ii) in subparagraph (A), by striking 
                        ``becomes available for such alien (or, in the 
                        case of subsection (d), the date on which an 
                        immigrant visa number became available for the 
                        alien's parent),'' and inserting ``became 
                        available for the alien's parent,''; and
                            (iii) in subparagraph (B), by striking 
                        ``applicable'';
                    (B) in paragraph (2), by striking ``The petition'' 
                and all that follows through the period and inserting 
                ``The petition described in this paragraph is a 
                petition filed under section 204 for classification of 
                the alien's parent under subsection (a), (b), or 
                (c).''; and
                    (C) in paragraph (3), by striking ``subsections 
                (a)(2)(A) and (d)'' and inserting ``subsection (d)''.
            (4) Procedure for granting immigrant status.--Section 204 
        of the Immigration and Nationality Act (8 U.S.C. 1154) is 
        amended--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iii)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) in subclause 
                                        (II)(aa)(CC)(bbb), by inserting 
                                        ``or legal permanent resident'' 
                                        after ``citizenship'';
                                    (II) in clause (iv)--
                                            (aa) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizen'' each place 
                                        that term appears; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``citizenship'';
                                    (III) in clause (v)(I), by 
                                inserting ``or legal permanent 
                                resident'' after ``citizen''; and
                                    (IV) in clause (vi)--
                                            (aa) by inserting ``or 
                                        legal permanent resident 
                                        status'' after ``renunciation 
                                        of citizenship''; and
                                            (bb) by inserting ``or 
                                        legal permanent resident'' 
                                        after ``abuser's citizenship'';
                            (ii) by striking subparagraph (B);
                            (iii) by redesignating subparagraphs (C) 
                        through (J) as subparagraphs (B) through (I), 
                        respectively;
                            (iv) in subparagraph (B), as so 
                        redesignated, by striking ``subparagraph 
                        (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
                        inserting ``clause (iii) or (iv) of 
                        subparagraph (A)''; and
                            (v) in subparagraph (I), as so 
                        redesignated--
                                    (I) by striking ``or clause (ii) or 
                                (iii) of subparagraph (B)''; and
                                    (II) by striking ``under 
                                subparagraphs (C) and (D)'' and 
                                inserting ``under subparagraphs (B) and 
                                (C)'';
                    (B) by striking subsection (a)(2);
                    (C) in subsection (h), by striking ``or a petition 
                filed under subsection (a)(1)(B)(ii)''; and
                    (D) in subsection (j), by striking ``subsection 
                (a)(1)(D)'' and inserting ``subsection (a)(1)(C)''.

SEC. 203. EXCEPTIONS.

    Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the 
following:
                                    ``(V) Spouses, children, and 
                                parents.--The provisions of this 
                                subparagraph and subparagraph (C)(i)(I) 
                                shall be waived for spouses and 
                                children of legal permanent residents 
                                or citizens of the United States and 
                                parents of citizens of the United 
                                States (as such terms are defined in 
                                section 201(b)(2)(A)(i)) on whose 
                                behalf a petition was filed under 
                                section 203 on or before the date of 
                                introduction of the Immigrant 
                                Accountability Act of 2005, or who are 
                                derivative beneficiaries of such a 
                                petition.''.
                                 <all>