[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 945 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 945
To adjust the immigration status of certain Colombian and Peruvian
nationals who are in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2001
Mr. Diaz-Balart (for himself, Mr. Crowley, Ms. Ros-Lehtinen, Mr.
Menendez, Mr. Blagojevich, Ms. Brown of Florida, Mr. Capuano, Mr. Tom
Davis of Virginia, Mr. Delahunt, Mr. Deutsch, Ms. Eshoo, Mr. Farr of
California, Mr. Filner, Mr. Foley, Mr. Gilman, Ms. Jackson-Lee of
Texas, Mr. Lantos, Ms. Lee, Ms. Lofgren, Mr. Markey, Mr. McGovern, Ms.
McKinney, Mr. Meehan, Mrs. Meek of Florida, Mr. Moakley, Mr. Moran of
Virginia, Mrs. Morella, Mr. Pascrell, Mr. Rothman, Mr. Serrano, Mr.
Smith of New Jersey, Mr. Towns, Mr. Wexler, and Mr. Wynn) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To adjust the immigration status of certain Colombian and Peruvian
nationals who are in the United States.
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 ``Andean Adjustment Act of 2001''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN
NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, 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 April 1,
2005; and
(B) is otherwise eligible to receive an immigrant
visa and 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), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) 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 on submitting or granting such
application, to file a 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.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Colombia or Peru--
(1) who was physically present in the United States on
December 1, 1995; and
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for adjustment of status under this
Act 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.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of
deportation, 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 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 raises as a
defense to such an order the eligibility of the alien to apply
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.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Attorney General to that of an alien
lawfully admitted for permanent residence, if--
(A) 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 at
least 1 year;
(B) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(C) the alien is otherwise eligible to receive an
immigrant visa and 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), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), 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.
(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--
(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 Act is final and shall not be subject to review by any court.
(g) 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 Act, 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.
(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 Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
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