[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 656 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 656

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 19, 2009

  Mr. Reed (for himself, Mr. Whitehouse, Mr. Kerry, Ms. Mikulski, Ms. 
 Klobuchar, and Mr. Kennedy) 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 residents.

    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 2009''.

SEC. 2. ADJUSTMENT OF STATUS.

    (a) Adjustment of Status.--
            (1) In general.--
                    (A) Eligibility.--Except as provided under 
                subparagraph (B), 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, 
                        2011; 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 determines 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 subject to an order of exclusion, 
                deportation, or removal, or has been ordered 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 
                such 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 an application 
                under paragraph (1), the Secretary shall cancel the 
                order described in subparagraph (A). 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, 2009, 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--
                            (i) 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
                            (ii) provide the alien with an ``employment 
                        authorized'' endorsement or other appropriate 
                        document signifying authorization of 
                        employment.
                    (B) Pending applications.--If an application for 
                adjustment of status 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 the 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); and
            (2) aliens subject to removal proceedings under section 240 
        of such Act (8 U.S.C. 1229a).
    (f) Limitation on Judicial Review.--A determination by the 
Secretary of Homeland Security regarding the adjustment of status of 
any alien 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 (8 U.S.C. 1101 et 
seq.).
    (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 (8 U.S.C. 1101 et seq.) shall apply in this 
        section.
            (2) Savings provision.--Nothing in this Act may 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.
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