[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 433 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 433
For the relief of Malachy McAllister, Nicola McAllister, and Sean Ryan
McAllister.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16, 2017
Mr. Menendez introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
For the relief of Malachy McAllister, Nicola McAllister, and Sean Ryan
McAllister.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS.
(a) In General.--Notwithstanding subsections (a) and (b) of section
201 of the Immigration and Nationality Act (8 U.S.C. 1151), Malachy
McAllister, Nicola McAllister, and Sean Ryan McAllister shall each be
eligible for an immigrant visa or for adjustment of status to that of
an alien lawfully admitted for permanent residence upon filing an
application for an immigrant visa under section 204 of such Act or for
adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Malachy McAllister, Nicola
McAllister, or Sean Ryan McAllister enters the United States before the
filing deadline described in subsection (d), he or she shall be
considered to have entered and remained lawfully in the United States
and shall, if otherwise eligible, be eligible for adjustment of status
under section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), as of the date of the enactment of this Act.
(c) Waiver of Grounds for Removal of, or Denial of Admission.--
(1) In general.--Notwithstanding sections 212(a) and 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a) and
1227(a)), Malachy McAllister, Nicola McAllister, and Sean Ryan
McAllister may not be removed from the United States, or denied
admission to the United States, by reason of any act of any of
such individuals that is a ground for removal or denial of
admission and is reflected in the records of the Department of
Homeland Security, or the Visa Office of the Department of
State, on the date of the enactment of this Act.
(2) Rescission of outstanding order of removal.--The
Secretary of Homeland Security shall rescind any outstanding
order of removal or deportation, or any finding of
deportability, that has been entered against Malachy
McAllister, Nicola McAllister, or Sean Ryan McAllister by
reason of any act described in paragraph (1).
(d) Deadline for Application and Payment of Fees.--Subsections (a)
and (b) shall not apply unless Malachy McAllister, Nicola McAllister,
and Sean Ryan McAllister each file an application for an immigrant visa
or for adjustment of status, with appropriate fees, not later than two
years after the date of the enactment of this Act.
(e) Reduction of Immigrant Visa Number.--Upon the granting of an
immigrant visa or permanent resident status to Malachy McAllister,
Nicola McAllister, and Sean Ryan McAllister, the Secretary of State
shall instruct the proper officer to reduce by three, during the
current or next following fiscal year, the total number of immigrant
visas that are made available to natives of the country of the aliens'
birth under section 202(a)(2) of the Immigration and Nationality Act (8
U.S.C. 1152(a)(2)).
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