Venezuelan Adjustment Act
This bill requires the Department of Homeland Security (DHS) to grant lawful permanent resident status to qualifying nationals of Venezuela.
A national of Venezuela shall be eligible if that individual (1) applies for lawful permanent resident status no later than three years after this bill's enactment, (2) entered the United States on or before December 31, 2021, (3) has been continuously physically present in the United States for at least one year when filing their application, (4) is otherwise eligible to receive an immigrant visa, and (5) is not inadmissible under various grounds such as a conviction for an aggravated felony. Certain grounds for inadmissibility, such as the public charge ground, shall not apply.
The spouse, child, or unmarried son or daughter of an eligible individual shall also be eligible.
If an individual has applied for lawful permanent resident status under this bill and is subject to exclusion, deportation, or removal proceedings, DHS may not order that individual's removal unless DHS has made a final determination to deny the application.
DHS must provide work authorization to an individual whose application has been pending for more than 180 days, and may also provide authorization before that.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1348 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1348
To authorize the Secretary of Homeland Security to adjust the status of
certain aliens who are nationals of Venezuela to that of aliens
lawfully admitted for permanent residence, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2025
Mr. Soto (for himself, Ms. Salazar, Ms. Wasserman Schultz, and Ms.
Wilson of Florida) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to adjust the status of
certain aliens who are nationals of Venezuela to that of aliens
lawfully admitted for permanent residence, 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 ``Venezuelan Adjustment Act''.
SEC. 2. VENEZUELAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided,
any term used in this Act that is used in the immigration laws
shall have the meaning given the term in the immigration laws.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall adjust the status of an alien described in
subsection (c) to that of an alien lawfully admitted for
permanent residence if the alien--
(A) applies for adjustment not later than 3 years
after the date of the enactment of this Act;
(B) is otherwise eligible to receive an immigrant
visa; and
(C) subject to paragraph (2), is admissible to the
United States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In
determining the admissibility of an alien under paragraph
(1)(C), the grounds of inadmissibility specified in paragraphs
(4), (5), (6)(A), and (7)(A) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(3) Exceptions.--An alien shall not be eligible for
adjustment of status under this subsection if the Secretary
determines that the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of two or more crimes
involving moral turpitude (other than a purely
political offense); or
(C) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group, or political opinion.
(4) Relationship of application to certain orders.--
(A) In general.--An alien present in the United
States who has been subject to an order of exclusion,
deportation, removal, or voluntary departure under any
provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order,
submit an application for adjustment of status under
this subsection if the alien is otherwise eligible for
adjustment of status under paragraph (1).
(B) Separate motion not required.--An alien
described in subparagraph (A) shall not be required, as
a condition of submitting or granting an application
under this subsection, to file a separate motion to
reopen, reconsider, or vacate an order described in
subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the
status of an alien pursuant to an application
under this subsection, the Secretary shall
cancel any order described in subparagraph (A)
to which the alien has been subject.
(ii) Denial.--If the Secretary makes a
final decision to deny such application, any
such order shall be effective and enforceable
to the same extent that such order would be
effective and enforceable if the application
had not been made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b)
shall apply to any alien who--
(A)(i) is a national of Venezuela;
(ii) entered the United States before or on
December 31, 2021; and
(iii) has been continuously physically present in
the United States for not less than 1 year as of the
date on which the alien submits an application under
such subsection (b); or
(B) is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence based on one or more absences from the United
States for one or more periods amounting, in the aggregate, to
not more than 180 days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures by which an alien who is subject to a
final order of deportation, removal, or exclusion, may seek a
stay of such order based on the filing of an application under
subsection (b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph
(B), notwithstanding any provision of the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.), the
Secretary may not order an alien to be removed from the
United States if the alien--
(i) is in exclusion, deportation, or
removal proceedings under any provision of such
Act; and
(ii) has submitted an application for
adjustment of status under subsection (b).
(B) Exception.--The Secretary may order an alien
described in subparagraph (A) to be removed from the
United States if the Secretary has made a final
determination to deny the application for adjustment of
status under subsection (b) of the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for
adjustment of status under subsection (b) to
engage in employment in the United States
during the period in which a determination on
such application is pending; and
(ii) provide such alien with an
``employment authorized'' endorsement or other
appropriate document signifying authorization
of employment.
(B) Pending applications.--If an application for
adjustment of status under subsection (b) is pending
for a period exceeding 180 days and has not been
denied, the Secretary shall authorize employment for
the applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of an alien,
the Secretary shall establish a record of admission for permanent
residence for the alien as of the date of the arrival of the alien in
the United States.
(f) Availability of Administrative Review.--The Secretary shall
provide applicants for adjustment of status under subsection (b) with
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 (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary with
respect to the adjustment of status of any alien under this
section is final and shall not be subject to review by any
court.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to preclude the review of a constitutional claim
or a question of law under section 704 of title 5, United
States Code, with respect to a denial of adjustment of status
under this section.
(h) No Offset in Number of Visas Available.--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 (8 U.S.C. 1101 et seq.) to offset the adjustment of
status of an alien who has been lawfully admitted for permanent
residence pursuant to this section.
(i) Application of Immigration and Nationality Act Provisions.--
(1) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Secretary in
the administration and enforcement of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other law
relating to immigration, nationality, or naturalization.
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien to be lawfully admitted for permanent
residence under this section shall not preclude the alien from
seeking any status under any other provision of law for which
the alien may otherwise be eligible.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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