[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 944 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 944

    To provide for eligibility for relief from removal for certain 
                              Venezuelans.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2013

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

_______________________________________________________________________

                                 A BILL


 
    To provide for eligibility for relief from removal for certain 
                              Venezuelans.

    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 ``Venezuelan Liberty Act''.

SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELANS.

    (a) Adjustment of Status.--
            (1) In general.--The status of any alien described in 
        subsection (b) shall be adjusted by the Secretary of Homeland 
        Security to that of an alien lawfully admitted for permanent 
        residence, if the alien--
                    (A) applies for such adjustment before April 1, 
                2014; and
                    (B) is otherwise admissible to the United States 
                for permanent residence, except in determining such 
                admissibility the grounds for inadmissibility specified 
                in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of 
                section 212(a) of the Immigration and Nationality Act 
                (8 U.S.C. 1182(a)) shall not apply.
            (2) Rules in applying certain provisions.--In the case of 
        an alien described in subsection (b) or (d) who is applying for 
        adjustment of status under this section--
                    (A) the provisions of section 241(a)(5) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) 
                shall not apply; and
                    (B) the Secretary of Homeland Security may grant 
                the alien a waiver on the grounds of inadmissibility 
                under subparagraphs (A) and (C) of section 212(a)(9) of 
                such Act (8 U.S.C. 1182(a)(9)).
        In granting waivers under subparagraph (B), the Secretary shall 
        use standards used in granting consent under subparagraphs 
        (A)(iii) and (C)(ii) of such section 212(a)(9).
            (3) Relationship of application to certain orders.--An 
        alien present in the United States who has been ordered 
        excluded, deported, removed, or 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). Such an alien may not 
        be required, as a condition of submitting or granting such 
        application, to file a separate motion to reopen, reconsider, 
        or vacate such order. If the Secretary of Homeland Security 
        grants the application, the Attorney General shall cancel the 
        order. If the Secretary of Homeland Security renders a final 
        administrative 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 by subsection (a) 
        shall apply to any alien who is a national of Venezuela and who 
        has been physically present in the United States for a 
        continuous period, beginning on a date during the required 
        presence period and ending on the date the application for 
        adjustment under such subsection is adjudicated, except an 
        alien shall not be considered to have failed to maintain 
        continuous physical presence by reason of an absence, or 
        absences, from the United States for any periods not exceeding 
        180 days.
            (2) Proof of commencement of continuous presence.--For 
        purposes of establishing that the period of continuous physical 
        presence referred to in paragraph (1) commenced during the 
        required presence period, an alien--
                    (A) shall demonstrate that the alien, during the 
                required presence period--
                            (i) applied to the Secretary of Homeland 
                        Security for asylum;
                            (ii) was issued an order to show cause 
                        under the Immigration and Nationality Act;
                            (iii) was placed in exclusion, deportation, 
                        or removal proceedings under such Act;
                            (iv) applied for adjustment of status under 
                        section 245 of such Act (8 U.S.C. 1255);
                            (v) applied to the Secretary of Homeland 
                        Security for employment authorization;
                            (vi) performed service, or engaged in a 
                        trade or business, within the United States 
                        which is evidenced by records maintained by the 
                        Commissioner of Social Security; or
                            (vii) applied for any other benefit under 
                        the Immigration and Nationality Act by means of 
                        an application establishing the alien's 
                        presence in the United States during the 
                        required presence period; or
                    (B) shall make such other demonstration of physical 
                presence as the Secretary of Homeland Security may 
                provide for by regulation.
    (c) Stay of Removal; Work Authorization.--
            (1) In general.--The Secretary of Homeland Security shall 
        provide by regulation for an alien subject to a final order of 
        removal to seek a stay of such order based on the filing of an 
        application under subsection (a).
            (2) During certain proceedings.--Notwithstanding any 
        provision of the Immigration and Nationality Act, the Attorney 
        General shall not order any alien to be removed from the United 
        States if the alien is in 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 rendered a final administrative determination to 
        deny the application.
            (3) 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 and may provide 
        the alien with an ``employment authorized'' endorsement or 
        other appropriate document signifying authorization of 
        employment, except that if such application is pending for a 
        period exceeding 180 days, and has not been denied, the 
        Secretary of Homeland Security shall authorize such employment.
    (d) Adjustment of Status for Spouses and Children.--
            (1) In general.--The status of an alien shall be adjusted 
        by the Secretary of Homeland Security to that of an alien 
        lawfully admitted for permanent residence, if--
                    (A) the alien is a national of Venezuela;
                    (B) the alien--
                            (i) is the spouse, child, or unmarried son 
                        or daughter of an alien whose status is 
                        adjusted to that of an alien lawfully admitted 
                        for permanent residence under subsection (a), 
                        except that in the case of such an unmarried 
                        son or daughter, the son or daughter shall be 
                        required to establish that the son or daughter 
                        has been physically present in the United 
                        States for a continuous period beginning on a 
                        date during the required presence period and 
                        ending on the date on which the application for 
                        adjustment under this subsection is 
                        adjudicated; or
                            (ii) was, at the time at which an alien 
                        filed for adjustment under subsection (a), the 
                        spouse or child of an alien whose status is 
                        adjusted, or was eligible for adjustment, to 
                        that of an alien lawfully admitted for 
                        permanent residence under subsection (a), and 
                        the spouse, child, or child of the spouse has 
                        been battered or subjected to extreme cruelty 
                        by the alien that filed for adjustment under 
                        subsection (a);
                    (C) the alien applies for such adjustment and is 
                physically present in the United States on the date the 
                application is filed;
                    (D) the alien is otherwise admissible to the United 
                States for permanent residence, except in determining 
                such admissibility the grounds for inadmissibility 
                specified in paragraphs (4), (5), (6)(A), (7)(A), and 
                (9)(B) of section 212(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)) shall not apply; and
                    (E) applies for such adjustment before April 1, 
                2014.
            (2) Proof of continuous presence.--For purposes of 
        establishing the period of continuous physical presence 
        referred to in paragraph (1)(B), an alien--
                    (A) shall demonstrate that such period commenced 
                during the required presence period in a manner 
                consistent with subsection (b)(2); and
                    (B) shall not be considered to have failed to 
                maintain continuous physical presence by reason of an 
                absence, or absences, from the United States for any 
                period not exceeding 180 days.
    (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 applicants for adjustment of 
status under section 245 of the Immigration and Nationality Act (8 
U.S.C. 1255).
    (f) No Offset in Number of Visas Available.--When 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.
    (g) Definition.--For purposes of this Act, the term ``required 
presence period'' means the period beginning on February 2, 1999, and 
ending on March 4, 2013.
    (h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the 
definitions contained in the Immigration and Nationality Act shall 
apply in the administration of this section. Nothing contained in this 
section shall be held to repeal, amend, alter, modify, affect, or 
restrict the powers, duties, functions, or authority of the Secretary 
of Homeland Security 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 to be granted 
the status of having been lawfully admitted for permanent residence 
under this section shall not preclude the alien from seeking such 
status under any other provision of law for which the alien may be 
eligible.
                                 <all>