[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1397 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1397

To provide for immigration relief in the case of certain immigrants who 
               are innocent victims of immigration fraud.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2007

  Mr. Honda introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for immigration relief in the case of certain immigrants who 
               are innocent victims of immigration fraud.

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

SECTION 1. IMMIGRATION RELIEF FOR INNOCENT VICTIMS OF IMMIGRATION 
              FRAUD.

    (a) In General.--
            (1) Relief upon approval of application.--If an alien, upon 
        application to an appropriate immigration official, establishes 
        to the satisfaction of such official that such alien is an 
        eligible alien (as defined in subsection (b)) and is, but for 
        the specified immigration fraud, admissible to the United 
        States as an immigrant and is not removable from the United 
        States, such official shall provide immigration relief for such 
        alien under subsection (c).
            (2) Relief pending approval.--In the case of an eligible 
        alien, any pending proceedings providing for revocation of 
        adjustment of status, revocation of naturalization, or removal 
        with respect to such eligible alien shall be suspended in order 
        to provide such alien with a reasonable opportunity to apply 
        for immigration relief under this section and during the 
        pendency of the application for such relief.
            (3) Appropriate immigration official.--For purposes of this 
        section, the term ``appropriate immigration official'' means, 
        in the case of an alien in removal proceedings, the immigration 
        judge who is presiding over such proceedings, or otherwise the 
        Secretary of Homeland Security.
    (b) Eligible Alien, Specified Immigration Fraud Defined.--For 
purposes of this section:
            (1) Eligible alien.--
                    (A) In general.--The term ``eligible alien'' means 
                an alien--
                            (i) who obtained status as a nonimmigrant 
                        on or after January 1, 1980, and who, at the 
                        time of obtaining such status, was a national 
                        of the Republic of Korea;
                            (ii) who applied, before January 1, 1999, 
                        through one or more immigration brokers for 
                        adjustment of such status to that of the status 
                        of an alien lawfully admitted to the United 
                        States for permanent residence, and who applied 
                        through the Immigration and Naturalization 
                        office located in San Jose, California;
                            (iii) whose application for adjustment of 
                        status described in clause (ii) was approved as 
                        a result of bribery by such immigration brokers 
                        of a supervisor of the Immigration and 
                        Naturalization Service for such office; and
                            (iv) who had no actual knowledge of the 
                        specified immigration fraud at the time of such 
                        adjustment.
                    (B) Treatment of spouses and children.--Such term 
                includes an alien who obtained lawful permanent 
                resident status as the spouse or child of an eligible 
                alien described in paragraph (1).
            (2) Specified immigration fraud.--The term ``specified 
        immigration fraud'' means the bribery described in paragraph 
        (1)(A)(iii).
    (c) Form of Immigration Relief.--
            (1) In general.--If an application of an eligible alien 
        under subsection (a) is approved, then--
                    (A) the specified immigration fraud shall not be 
                considered in determining the admissibility or 
                removeability of such alien; and
                    (B) the alien's status shall be restored as if the 
                original adjustment of status described in subsection 
                (b)(1)(C) had been lawful, in accordance with the 
                succeeding provisions of this subsection.
            (2) Restoration of status to lawful permanent resident; 
        cancellation of order of removal.--In the case of an approved 
        application for an alien whose adjustment of status to lawful 
        permanent resident status was rescinded or who was ordered 
        removed solely as a result of the specified immigration fraud, 
        such rescission shall be vitiated or such order shall be 
        cancelled and the status of such alien shall be restored to 
        that of an alien lawfully admitted for permanent residence. 
        Such restoration or cancellation shall be effective as of the 
        date of such rescission or order of removal.
            (3) Restoration of naturalization.--In the case of an 
        eligible alien who has been naturalized as a citizen of the 
        United States and whose naturalization was revoked solely as a 
        result of the specified immigration fraud, such revocation 
        shall be vitiated and such alien's citizenship status shall be 
        restored. Such restoration shall be effective as of the date of 
        such revocation.
            (4) Travel to and parole into the united states for 
        eligible aliens who have departed.--In the case of an eligible 
        alien who has been removed, or has voluntarily departed, from 
        the United States in connection with charges relating to 
        specified immigration fraud, the Secretary shall parole such 
        alien into the United States for the purpose of filing an 
        application for immigration relief under this section. The 
        Secretary of State shall provide such alien with appropriate 
        travel documents in order to travel to the United States for 
        such parole.
    (d) Procedures and Definitions.--
            (1) Procedures for application.--An alien seeking 
        immigration relief under this section shall submit an 
        application at such time (consistent with paragraph (3)), in 
        such manner, and containing such information as the Secretary 
        shall require. No fee shall be charged in connection with such 
        application.
            (2) Burden of proof.--For purposes of subsection 
        (b)(1)(A)(iv), the alien shall be presumed not to have actual 
        knowledge of the specified immigration fraud and the Secretary 
        shall have the burden of proving such knowledge.
            (3) Deadline for application.--An application under 
        paragraph (1) shall be submitted not later than the date that 
        is five years after the date of the enactment of this Act, 
        except that the Secretary may extend such deadline for an 
        additional period not to exceed five years.
            (4) No reduction in number of immigrant visas available.--
        The Secretary of State shall not reduce the number of immigrant 
        visas authorized to be issued under the Immigration and 
        Nationality Act (8 U.S.C. 1101 et seq.) if an application of an 
        eligible alien for immigration relief under this section is 
        approved.
            (5) Application of other definitions.--For purposes of this 
        section and except as otherwise specifically provided, the term 
        ``Secretary'' means the Secretary of Homeland Security and the 
        definitions contained in the Immigration and Nationality Act 
        shall apply in the administration of this section. Nothing in 
        this section shall be construed to repeal, amend, alter, 
        modify, affect, or restrict the powers, duties, functions, or 
        authority of the Secretary in the administration and 
        enforcement of such Act or any other law relating to 
        immigration, nationality, or naturalization. The fact that an 
        alien may be eligible for immigration relief under this section 
        shall not preclude such alien from seeking immigration relief 
        under any other provision of law for which such alien may be 
        eligible.
                                 <all>