[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4956 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4956

To amend the Immigration and Nationality Act to provide for adjustment 
of status for aliens who are nationals of El Salvador and were granted 
  or eligible for temporary protected status, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2018

  Ms. Norton (for herself and Mr. Sarbanes) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide for adjustment 
of status for aliens who are nationals of El Salvador and were granted 
  or eligible for temporary protected status, and for other purposes.

    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 ``Keeping Salvadoran Families Together 
Act''.

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR 
              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after section 244 the 
following:

``SEC. 244A. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF EL SALVADOR 
              GRANTED OR ELIGIBLE FOR TEMPORARY PROTECTED STATUS.

    ``(a) In General.--The status of any alien described in subsection 
(c) shall 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 within 3 years after the 
        date of the enactment of this section;
            ``(2) is determined to be admissible to the United States 
        for permanent residence; and
            ``(3) meets the criteria established under subsection (c).
    ``(b) Certain Grounds for Inadmissability Inapplicable.--
            ``(1) In general.--For purposes of determining 
        admissibility under subsection (a)(2), the grounds for 
        inadmissibility specified in paragraphs (4), (5), (6)(A), and 
        (7)(A) of section 212(a) of the Immigration and Nationality Act 
        shall not apply.
            ``(2) Additional waiver for individual aliens.--The 
        Secretary may waive any other provision of section 212(a) in 
        the case of an individual alien for humanitarian purposes, to 
        assure family unity, or when it is otherwise in the public 
        interest.
    ``(c) Aliens Eligible for Adjustment of Status.--An alien shall be 
eligible for adjustment of status if the alien--
            ``(1) is a national of El Salvador who was granted 
        temporary protected status, or was otherwise eligible for 
        temporary protected status, on or before the date of the 
        enactment of this section; and
            ``(2) has been continuously physically present in the 
        United States for a period of not less than 3 years before the 
        date of the enactment of this section.
    ``(d) Waiver Authorized.--Notwithstanding any provision of this 
Act, an alien who fails to meet the continuous physical presence 
requirement under paragraph (2) of subsection (c) shall be considered 
eligible for status adjustment as provided in this section if the 
Attorney General or the Secretary determines that the removal of the 
alien from the United States would result in extreme hardship to the 
alien, their spouse, their children, their parents, or their domestic 
partner.
    ``(e) Effect of Application on Certain Orders.--An alien present in 
the United States who has been ordered removed or has been granted 
voluntary departure from the United States may, notwithstanding such 
order, apply for adjustment of status under this section. Such alien 
shall not be required to file a separate motion to reopen, reconsider, 
or vacate the order of removal. If the Secretary approves the 
application, the Secretary shall cancel the order of removal. If the 
Secretary renders a final administrative decision to deny the 
application, the order of removal shall be effective and enforceable to 
the same extent as if the application had not been made.
    ``(f) Work Authorization.--The Secretary shall authorize an alien 
who has applied for adjustment of status under this section to engage 
in employment in the United States during the pendency of such 
application and shall provide the alien with an appropriate document 
signifying authorization of employment.
    ``(g) Adjustment of Status for Certain Family Members.--
            ``(1) In general.--The status of an alien shall be adjusted 
        by the Secretary to that of an alien lawfully admitted for 
        permanent residence if the alien--
                    ``(A) is the spouse, parent, or unmarried son or 
                daughter of an alien whose status is adjusted under 
                this section;
                    ``(B) applies for adjustment under this section 
                within 3 years after the date of the enactment of this 
                section; and
                    ``(C) is determined to be admissible to the United 
                States for permanent residence.
            ``(2) Certain grounds for inadmissibility inapplicable.--
        For purposes of determining admissibility under subsection 
        (g)(1)(C), the grounds for inadmissibility specified in 
        paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall 
        not apply.
    ``(h) Availability of Administrative Review.--The Secretary shall 
provide to aliens applying for adjustment of status under this section 
the same right to, and procedures for, administrative review as are 
provided to--
            ``(1) applicants for adjustment of status under section 
        245; and
            ``(2) aliens subject to removal proceedings under section 
        240.
    ``(i) No Offset in Number of Visas Available.--The granting of 
adjustment of status under this section shall not reduce the number of 
immigrant visas authorized to be issued under any provision of this 
Act.
    ``(j) Treatment of Brief, Casual, and Innocent Departures and 
Certain Other Absences.--An alien who has failed to maintain the 3-year 
continuous physical presence requirement under subsection (c) because 
of brief, casual, and innocent departures or, emergency travel, or 
extenuating circumstances outside of the control of the alien, shall 
not be considered to have failed to maintain continuous physical 
presence in the United States.
    ``(k) Definition.--In this section, the term `domestic partner' 
means an adult of at least 18 years of age in a committed relationship 
with an alien applying for adjustment of status under this section. A 
committed relationship is one in which the employee and the domestic 
partner of the employee are each other's sole domestic partner (and are 
not married to or domestic partners with anyone else) and share 
responsibility for a significant measure of each other's common welfare 
and financial obligations. This includes any relationship between two 
individuals of the same or opposite sex that is granted legal 
recognition by a State or by the District of Columbia as a marriage or 
analogous relationship (including a civil union).''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 244 the following:

``Sec. 244A. Adjustment of status for certain nationals of El Salvador 
                            granted or eligible for temporary protected 
                            status.''.

SEC. 3. ADJUSTMENT OF RELATION OF PERIOD OF TEMPORARY PROTECTED STATUS 
              TO CANCELLATION OF REMOVAL.

    Section 244(e) of the Immigration and Nationality Act (8 U.S.C. 
1254a(e)) is amended--
            (1) by striking ``With respect to an alien'' and inserting 
        the following:
            ``(1) In general.--With respect to an alien''; and
            (2) by adding at the end the following:
            ``(2) Waiver for certain temporary protected status 
        holders.--The provisions in subsection (e) shall not apply to 
        an alien who is eligible for adjustment of status pursuant to 
        section 244A.''.

SEC. 4. ELIGIBILITY FOR NATURALIZATION.

    (a) In General.--Notwithstanding sections 319(b), 328, and 329 of 
the Immigration and Nationality Act (8 U.S.C. 1430(b), 1439, and 1440), 
an alien whose status is adjusted under section 244A of the Immigration 
and Nationality Act, as added by section 2 of this Act, to that of an 
alien lawfully admitted for permanent residence may apply for 
naturalization under chapter 2 of title III of the Immigration and 
Nationality Act (8 U.S.C. 1421 et seq.) not earlier than 5 years after 
such adjustment of status.
    (b) Language Requirement Waiver.--Section 312(b)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1423(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``334, either--'' and inserting ``334--'';
            (2) in subparagraph (A), by striking ``, or'' at the end 
        and inserting a semicolon;
            (3) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(C) is an alien who received adjustment of status 
                under section 244A.''.
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