[Congressional Record Volume 144, Number 132 (Monday, September 28, 1998)]
[Extensions of Remarks]
[Pages E1840-E1841]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ADJUSTMENTS OF STATUS OF BANGLADESH NATIONALS, H.R. 4652

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Monday, September 28, 1998

  Mr. GILMAN. Mr. Speaker, it is with great pleasure that I rise to 
introduce H.R. 4652, a bill to provide for the adjustment of status of 
certain nationals of Bangladesh who have resided in the U.S. for over a 
decade. Despite attempts at promoting democracy and pluralism in 
Bangladesh, nearly half of that nation's population still lives below 
the poverty line. Per capita income is approximately $260 dollars per 
year making Bangladesh one of the poorest nations in the world.
  The Monsoon's of 1998 have magnified Bangladesh's problems making it 
ever more difficult for the people of that nation to distribute the 
scarce resources available. With 830 people per square kilometer, 
Bangladesh is one of the world's most densely populated places. In 
1992, nearly \2/3\ of Bangladesh is one of the world's most densely 
populated places. In 1992, nearly \2/3\ of Bangladeshi children 
suffered from severe malnutrition. The picture in Bangladesh remains 
exceedingly bleak.
  The recent nuclear threats emanating from Bangladesh's larger 
neighbors have placed further burdens on a nation which has traveled so 
far in its quest for democracy yet remains precariously perched in a 
very dangerous neighborhood. Our colleagues should applaud Bangladesh 
for its efforts to reduce the problems associated with child labor over 
the last several years. We must, however, do more. We must do something 
vital and tangible to demonstrate our commitment to help a limited 
number of Bangladeshi people who have lived in this country for at 
least a decade, contributed to American society and in many cases, 
raised their American children.
  The perils of living in poverty and climatic devastation in 
Bangladesh has forced some of these people to follow the same route of 
our own ancestors and seek refuge in the United States. Some of these 
people are suspended in a statute of permanent illegality, entangled in 
a labyrinth of changing, complex immigration laws. These people are not 
on our welfare roles and will not become wards of the state. They are 
good, hard working people with whom I have been proud to associate 
myself.
  Mr. Speaker, let us do what is right, let us do what is just and let 
us do what is humane. Let us respect that role that immigrants have 
played in the cultural mosaic that is our United States. Accordingly, I 
invite my colleagues to join me in supporting this limited action to 
legalize those who truly are deserving of permanent residency in this 
great nation.
  Mr. Speaker, I request that a copy of the bill be inserted into the 
Record following my remarks.

  A bill to provide for adjustment of status for certain nationals of 
                              Bangladesh.

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       This Act may be cited as the ``Bangladeshi Adjustment 
     Act''.

     SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF 
                   BANGLADESH.

       (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Attorney General to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (A) applies for such adjustment before July 1, 2000; 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 shall not apply.
       (2) Relationship of application to certain order.--An alien 
     present in the United States who has been ordered excluded, 
     deported, removed, or ordered to deport 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 Attorney General 
     grants the application, the Attorney General shall cancel the 
     order. If the Attorney General 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 Bangladesh and 
     who has been physically present in the United States for a 
     continuous period, beginning not earlier than the date the 
     application for adjustment under such subsection is filed, 
     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 
     in the aggregate 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 not 
     later than January 1, 1987, an alien--
       (A) shall demonstrate that the alien, prior to January 1, 
     1987--
       (i) 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
       (ii) applied for any benefit under the Immigration and 
     Nationality Act by means of an application establishing the 
     alien's presence in the United States prior to January 1, 
     1987; or
       (B) shall make such other demonstration of physical 
     presence as the Attorney General may provide for by 
     regulation.
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien subject to a final order of 
     deportation or 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 exclusion, deportation, 
     or removal proceedings under any provision of such Act and 
     has applied for adjustment of status under subsection (a), 
     except where the Attorney General has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Attorney General 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 Attorney 
     General 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 Attorney General to that of all alien lawfully 
     admitted for permanent residence, if--
       (A) the alien is a national of Bangladesh;
       (B) the alien 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 they have been physically present in the 
     United States for a continuous period, beginning not later 
     than January 1, 1987, and ending not earlier than the date 
     the application for adjustment under this subsection is 
     filed;
       (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 exclusion specified in 
     paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 
     212(a) of the Immigration and Nationality Act shall not 
     apply; and
       (E) applies for such adjustment before July 1, 2000.
       (2) Proof of continuous presence.--For purposes of 
     establishing the period of continuous physical presence 
     referred to in paragraph (1)(B), and alien--
       (A) shall demonstrate that such period commenced not later 
     than January 1, 1987, in a manner consistent with submission 
     (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 in the 
     aggregate not exceeding 180 days.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--

[[Page E1841]]

       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this section, the definitions continued 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 Attorney General 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.

     

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