[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 656 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 656

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 17, 2005

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Liberian Refugee Immigration 
Fairness Act of 2005''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--The Secretary of Homeland 
                Security shall adjust the status of an alien described 
                in subsection (b) to that of an alien lawfully admitted 
                for permanent residence, if the alien--
                            (i) applies for adjustment before April 1, 
                        2007; and
                            (ii) is otherwise eligible to receive an 
                        immigrant visa and admissible to the United 
                        States for permanent residence, except that, in 
                        determining such admissibility, the grounds for 
                        inadmissibility specified in paragraphs (4), 
                        (5), (6)(A), and (7)(A) of section 212(a) of 
                        the Immigration and Nationality Act (8 U.S.C. 
                        1182(a)) shall not apply.
                    (B) Ineligible aliens.--An alien shall not be 
                eligible for adjustment of status under this section if 
                the Secretary of Homeland Security finds that the alien 
                has been convicted of--
                            (i) any aggravated felony (as defined in 
                        section 101(a)(43) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(a)(43)); or
                            (ii) 2 or more crimes involving moral 
                        turpitude.
            (2) Relationship of application to certain orders.--
                    (A) In general.--An alien present in the United 
                States who has been ordered excluded, deported, 
                removed, or to depart voluntarily from the United 
                States under any provision of the Immigration and 
                Nationality Act may, notwithstanding such order, apply 
                for adjustment of status under paragraph (1) if 
                otherwise qualified under that paragraph.
                    (B) Separate motion not required.--An alien 
                described in subparagraph (A) may not be required, as a 
                condition of submitting or granting such application, 
                to file a separate motion to reopen, reconsider, or 
                vacate the order described in subparagraph (A).
                    (C) Effect of decision by Secretary.--If the 
                Secretary of Homeland Security grants the application, 
                the Secretary shall cancel the order. If the Secretary 
                of Homeland Security makes a final decision to deny the 
                application, the order shall be effective and 
                enforceable to the same extent as if the application 
                had not been made.
    (b) Aliens Eligible for Adjustment of Status.--
            (1) In general.--The benefits provided under subsection (a) 
        shall apply to any alien--
                    (A) who is--
                            (i) a national of Liberia; and
                            (ii) has been continuously present in the 
                        United States from January 1, 2005, through the 
                        date of application under subsection (a); or
                    (B) who is the spouse, child, or unmarried son or 
                daughter of an alien described in subparagraph (A).
            (2) Determination of continuous physical presence.--For 
        purposes of establishing the period of continuous physical 
        presence referred to in paragraph (1), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reasons of an absence, or absences, from the United 
        States for any period or periods amounting in the aggregate to 
        not more than 180 days.
    (c) Stay of Removal.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien who is subject to a final 
        order of deportation or removal or exclusion to seek a stay of 
        such order based on the filing of an application under 
        subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision in the Immigration and Nationality Act, the Secretary 
        of Homeland Security shall not order an alien to be removed 
        from the United States if the alien is in exclusion, 
        deportation, or removal proceedings under any provision of such 
        Act and has applied for adjustment of status under subsection 
        (a), except where the Secretary of Homeland Security has made a 
        final determination to deny the application.
            (3) Work authorization.--
                    (A) In general.--The Secretary of Homeland Security 
                may authorize an alien who has applied for adjustment 
                of status under subsection (a) to engage in employment 
                in the United States during the pendency of such 
                application and may provide the alien with an 
                ``employment authorized'' endorsement or other 
                appropriate document signifying authorization of 
                employment.
                    (B) Pending applications.--If an application under 
                subsection (a) is pending for a period exceeding 180 
                days and has not been denied, the Secretary of Homeland 
                Security shall authorize such employment.
    (d) Record of Permanent Residence.--Upon approval of an alien's 
application for adjustment of status under subsection (a), the 
Secretary of Homeland Security shall establish a record of the alien's 
admission for permanent record as of the date of the alien's arrival in 
the United States.
    (e) Availability of Administrative Review.--The 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 (8 U.S.C. 1255); or
            (2) aliens subject to removal proceedings under section 240 
        of such Act.
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security as to whether the status of any alien 
should be adjusted under this section is final and shall not be subject 
to review by any court.
    (g) No Offset in Number of Visas Available.--If an alien is granted 
the status of having been lawfully admitted for permanent residence 
pursuant to this section, the Secretary of State shall not be required 
to reduce the number of immigrant visas authorized to be issued under 
any provision of the Immigration and Nationality Act.
    (h) Application of Immigration and Nationality Act Provisions.--
            (1) Definitions.--Except as otherwise specifically provided 
        in this Act, the definitions contained in the Immigration and 
        Nationality Act shall apply in this section.
            (2) Savings provision.--Nothing in this Act shall be 
        construed to repeal, amend, alter, modify, effect, or restrict 
        the powers, duties, function, or authority of the Secretary of 
        Homeland Security in the administration and enforcement of the 
        Immigration and Nationality Act or any other law relating to 
        immigration, nationality, or naturalization.
            (3) Effect of eligibility for adjustment of status.--
        Eligibility to be granted the status of having been lawfully 
        admitted for permanent residence under this section shall not 
        preclude an alien from seeking any status under any other 
        provision of law for which the alien may otherwise be eligible.
                                 <all>