[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3290 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3290
To provide the spouses and children of aliens who perished in the
September 11 terrorist attacks an opportunity to adjust their status to
that of an alien lawfully admitted for permanent residence.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2009
Mrs. Maloney (for herself, Mr. King of New York, Mr. Nadler of New
York, Mr. Weiner, Mr. Ackerman, Mr. Engel, Mr. Israel, Ms. Clarke, Mr.
Sires, Mr. Holt, and Mr. Grijalva) introduced the following bill; which
was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide the spouses and children of aliens who perished in the
September 11 terrorist attacks an opportunity to adjust their status to
that of an alien lawfully admitted for permanent residence.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``September 11 Family Humanitarian
Relief and Patriotism Act of 2009''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.
(a) Adjustment of Status.--The status of any alien described in
subsection (b) may be adjusted by the Secretary of Homeland Security to
that of an alien lawfully admitted for permanent residence, if the
alien--
(1) applies for such adjustment not later than 1 year after
the date of the enactment of this Act;
(2) is not inadmissible to the United States under
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), or deportable under
paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C.
1227(a)); and
(3) not later than the date on which the application under
paragraph (1) is submitted, satisfies any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists; or
(B) all outstanding liabilities have been paid.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefit provided by subsection (a)
shall apply to any alien who--
(A) was, on September 10, 2001, the spouse, child,
unmarried son, or unmarried daughter of an alien who
died as a direct result of the terrorist activity
conducted against the United States on September 11,
2001;
(B) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49
U.S.C. 40101); and
(C) made a proffer of information to the Secretary
of Homeland Security between April 24, 2008, and August
15, 2008, in connection with a request for immigration
relief.
(2) Exception.--An alien shall not be provided any benefit
under this section if the Secretary of Homeland Security
determines that the alien has willfully made a material
misrepresentation or material omission in the proffer of
information described in paragraph (1)(C).
(c) Work Authorization.--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.
(d) Construction.--Nothing in this section shall be construed to
limit the existing authority of the Secretary of Homeland Security on
the date of the enactment of this Act to require any form or other
submission of information or to perform any background or security
check for the purpose of determining the admissibility, or eligibility
under this section, of any alien.
(e) Waiver of Regulations.--The Secretary of Homeland Security
shall issue guidance to carry out this section not later than 6 months
after the date of the enactment of this Act, but is not required to
promulgate regulations prior to implementing this section.
(f) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(g) Definitions.--For purposes of this section:
(1) The term ``applicable Federal tax liability'' means
liability for Federal taxes, including penalties and interest,
owed for any year for which the statutory period for assessment
of any deficiency for such taxes has not expired.
(2) Except as otherwise specifically provided in this
section, the definitions used in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) (excluding the
definitions applicable exclusively to title III of such Act)
shall apply in the administration of this section.
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