COMPLETE TEXT OF NEW
IMMIGRATION AMENDMENTSThe following two documents contain the full text of immigration provisions enacted by the 106th Congress as part of the end-of-session negotiations. The first document is the "LIFE Act", which was passed by Congress in November as part of the Commerce, State, Justice Apropriations bill, which is now being sent to the President for signature, and will be enacted. The second document is the "LIFE Act Amendments", which amend the LIFE Act and were passed by Congress on Friday, December 15, as part of the Omnibus Consolidated Appropriations bill, which also is on its way to the President. The two documents must be read together, and compared to the Immigration and Nationality Act, which they amend. The official cites for these texts is listed at the top of each document.
TITLE XI--ENCOURAGING IMMIGRANT FAMILY REUNIFICATION
(TITLE XI of H.R. 5548, enacted by reference in H.R. 4942, H.Rept. 106-1003)SEC. 1101. SHORT TITLE.
This title may be cited as--(1) the `Legal Immigration Family Equity Act'; or (2) the `LIFE Act'.SEC. 1102. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA; PROVISIONS AFFECTING SUBSEQUENT ADJUSTMENT OF STATUS FOR SUCH NONIMMIGRANTS.
(a) IN GENERAL- Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (T), by striking `or' at the end;
(2) in subparagraph (U), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:`(V) subject to section 214(o), an alien who is the beneficiary (including a child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition to accord a status under section 203(a)(2)(A) that was filed with the Attorney General under section 204 on or before the date of the enactment of the Legal Immigration Family Equity Act, if--
`(i) such petition has been pending for 3 years or more; or
`(ii) such petition has been approved, 3 years or more have elapsed since such filing date, and--
`(I) an immigrant visa is not immediately available to the alien because of a waiting list of applicants for visas under section 203(a)(2)(A); or
`(II) the alien's application for an immigrant visa, or the alien's application for adjustment of status under section 245, pursuant to the approval of such petition, remains pending.(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following:
`(o)(1) In the case of a nonimmigrant described in section 101(a)(15)(V)--
`(A) the Attorney General shall authorize the alien to engage in employment in the United States during the period of authorized admission and shall provide the alien with an `employment authorized' endorsement or other appropriate document signifying authorization of employment; and
`(B) the period of authorized admission as such a nonimmigrant shall terminate 30 days after the date on which any of the following is denied:
`(i) The petition filed under section 204 to accord the alien a status under section 203(a)(2)(A) (or, in the case of a child granted nonimmigrant status based on eligibility to receive a visa under section 203(d), the petition filed to accord the child's parent a status under section 203(a)(2)(A)).
`(ii) The alien's application for an immigrant visa pursuant to the approval of such petition.
`(iii) The alien's application for adjustment of status under section 245 pursuant to the approval of such petition.
`(2) In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under section 101(a)(15)(V), the grounds for inadmissibility specified in section 212(a)(9)(B) shall not apply.
`(3) The status of an alien physically present in the United States may be adjusted by the Attorney General, in the discretion of the Attorney General and under such regulations as the Attorney General may prescribe, to that of a nonimmigrant under section 101(a)(15)(V), if the alien--
`(A) applies for such adjustment;
`(B) satisfies the requirements of such section; and
`(C) is eligible to be admitted to the United States, except in determining such admissibility, the grounds for inadmissibility specified in paragraphs (6)(A), (7), and (9)(B) of section 212(a) shall not apply.'.(c) PROVISIONS AFFECTING PERMANENT RESIDENT STATUS- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(m)(1) The status of a nonimmigrant described in section 101(a)(15)(V) who the Attorney General determines was physically present in the United States at any time during the period beginning on July 1, 2000, and ending on October 1, 2000, may be adjusted by the Attorney General, in the discretion of the Attorney General and under such regulations as the Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence, if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in paragraphs
(6)(A), (7), and (9)(B) of section 212(a) shall not apply; and
`(C) an immigrant visa is immediately available to the alien at the time the alien's application is filed.
`(2) Paragraph (1) shall not apply to an alien who has failed (other than through no fault of the alien or for technical reasons) to maintain continuously a lawful status since obtaining the status of a nonimmigrant described in section 101(a)(15)(V).
`(3) Upon the approval of an application for adjustment made under paragraph (1), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 202 and 203 within the class to which the alien is chargeable for the fiscal year then current.
`(4) The Attorney General may accept an application for adjustment made under paragraph (1) only if the alien remits with such application a sum equalling $1,000, except that such sum shall not be required from an alien if it would not be required from the alien if the alien were applying under subsection (i).
`(5) The sum specified in paragraph (4) shall be in addition to the fee normally required for the processing of an application under this section.
`(6)(A) The portion of each application fee (not to exceed $200) that the Attorney General determines is required to process an application under this subsection shall be disposed of by the Attorney General as provided in subsections (m), (n), and (o) of section 286.
`(B) One-half of any remaining portion of such fee shall be deposited by the Attorney General into the Immigration Examination Fee Account established under section 286(m), and one-half of any remaining portion of such fees shall be deposited by the Attorney General into the Breached Bond/Detention Fund established under section 286(r).
`(7) Nothing in this subsection shall be construed as precluding a nonimmigrant described in section 101(a)(15)(V) who is eligible for adjustment of status under subsection (a) from applying for and obtaining adjustment under such subsection. In the case of such an application, the alien shall be required to remit only the fee normally required for the processing of an application under subsection (a).'.
(d) CONFORMING AMENDMENTS-
(1) ADMISSION OF NONIMMIGRANTS- Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended, in each of subsections (b) and (h), by striking `(H)(i) or (L)' and inserting `(H)(i), (L), or (V)'.
(2) ADJUSTMENT OF STATUS- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended--
(A) in each of subsections (d) and (f), by striking `under subsection (a),' each place such term appears and inserting `under subsection (a) or (m),'; and
(B) in subsection (e)(1), by striking `subsection (a).' and inserting `subsection (a) or (m).'.(e) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act on or before the date of the enactment of this Act.
SEC. 1103. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF CITIZENS AWAITING THE AVAILABILITY OF AN IMMIGRANT VISA.
(a) IN GENERAL- Section 101(a)(15)(K) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended to read as follows:
`(K) subject to subsections (d) and (p) of section 214, an alien who-- `(i) is the fiancee or fiance of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission;
`(ii) has concluded a valid marriage with a citizen of the United States who is the petitioner, is the beneficiary of a petition to accord a status under section 201(b)(2)(A)(i) that was filed under section 204 by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or
`(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;'.(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), as amended by section 2 of this Act, is further amended by adding at the end the following:
`(p)(1) A visa shall not be issued under the provisions of section 101(a)(15)(K)(ii) until the consular officer has received a petition filed in the United States by the spouse of the applying alien and approved by the Attorney General. The petition shall be in such form and contain such information as the Attorney General shall, by regulation, prescribe.
`(2) In the case of an alien seeking admission under section 101(a)(15)(K)(ii) who concluded a marriage with a citizen of the United States outside the United States, the alien shall be considered inadmissible under section 212(a)(7)(B) if the alien is not at the time of application for admission in possession of a valid nonimmigrant visa issued by a consular officer in the foreign state in which the marriage was concluded.
`(3) In the case of a nonimmigrant described in section 101(a)(15)(K)(ii), and any child of such a nonimmigrant who was admitted as accompanying, or following to join, such a nonimmigrant, the period of authorized admission shall terminate 30 days after the date on which any of the following is denied:
`(A) The petition filed under section 204 to accord the principal alien status under section 201(b)(2)(A)(i).
`(B) The principal alien's application for an immigrant visa pursuant to the approval of such petition.
`(C) The principal alien's application for adjustment of status under section 245 pursuant to the approval of such petition.'.(c) CONFORMING AMENDMENTS-
(1) ADMISSION OF NONIMMIGRANTS- Section 214(d) of the Immigration and Nationality Act (8 U.S.C. 1184(d)) is amended by striking `101(a)(15)(K)' and inserting `101(a)(15)(K)(i)'.
(2) CONDITIONAL PERMANENT RESIDENT STATUS- Section 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended, in each of subsections (b)(1)(B) and (d)(1)(A)(ii), by striking `214(d)' and inserting `subsection (d) or (p) of section 214'.
(3) ADJUSTMENT OF STATUS- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended--
(A) in subsection (d), by striking `(relating to an alien fiancee or fiance or the minor child of such alien)'; and
(B) in subsection (e)(3), by striking `214(d)' and inserting `subsection (d) or (p) of section 214'.(d) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to an alien who is the beneficiary of a classification petition filed under section 204 of the Immigration and Nationality Act before, on, or after the date of the enactment of this Act.
SEC. 1104. ADJUSTMENT OF STATUS OF CERTAIN CLASS ACTION PARTICIPANTS WHO ENTERED BEFORE JANUARY 1, 1982, TO THAT OF PERSON ADMITTED FOR LAWFUL RESIDENCE.
(a) IN GENERAL- In the case of an eligible alien described in subsection (b), the provisions of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a), as modified by subsection (c), shall apply to the alien.
(b) ELIGIBLE ALIENS DESCRIBED- An alien is an eligible alien described in this subsection if, before October 1, 2000, the alien filed with the Attorney General a written claim for class membership, with or without a filing fee, pursuant to a court order issued in the case of--
(1) Catholic Social Services, Inc. v. Meese, vacated sub nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993); or
(2) League of United Latin American Citizens v. INS, vacated sub nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993).(c) MODIFICATIONS TO PROVISIONS GOVERNING ADJUSTMENT OF STATUS- The modifications to section 245A of the Immigration and Nationality Act that apply to an eligible alien described in subsection (b) of this section are the following:
(1) TEMPORARY RESIDENT STATUS- Subsection (a) of such section 245A shall not apply.
(2) ADJUSTMENT TO PERMANENT RESIDENT STATUS- In lieu of paragraphs (1) and (2) of subsection (b) of such section 245A, the Attorney General shall be required to adjust the status of an eligible alien described in subsection (b) of this section to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:
(A) APPLICATION PERIOD- The alien must file with the Attorney General an application for such adjustment during the 12- month period beginning on the date on which the Attorney General issues final regulations to implement this section.
(B) CONTINUOUS UNLAWFUL RESIDENCE-
(i) IN GENERAL- The alien must establish that the alien entered the United States before January 1, 1982, and that he or she has resided continuously in the United States in an unlawful status since such date and through May 4, 1988. In determining whether an alien maintained continuous unlawful residence in the United States for purposes of this subparagraph, the regulations prescribed by the Attorney General under section 245A(g) of the Immigration and Nationality Act that were most recently in effect before the date of the enactment of this Act shall apply.
(ii) NONIMMIGRANTS- In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982, the alien must establish that the alien's period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien's unlawful status was known to the Government as of such date.
(iii) EXCHANGE VISITORS- If the alien was at any time a nonimmigrant exchange alien (as defined in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)), the alien must establish that the alien was not subject to the two-year foreign residence requirement of section 212(e) of such Act or has fulfilled that requirement or received a waiver thereof.
(iv) CUBAN AND HAITIAN ENTRANTS- For purposes of this section, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96-422 shall be considered to have entered the United States and to be in an unlawful status in the United States.(C) CONTINUOUS PHYSICAL PRESENCE-
(i) IN GENERAL- The alien must establish that the alien was continuously physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988, except that--
(I) an alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of this subparagraph by virtue of brief, casual, and innocent absences from the United States; and
(II) brief, casual, and innocent absences from the United States shall not be limited to absences with advance parole.
(ii) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this section or section 245A of the Immigration and Nationality Act.
(D) ADMISSIBLE AS IMMIGRANT- The alien must establish that the alien--
(i) is admissible to the United States as an immigrant, except as otherwise provided under section 245A(d)(2) of the Immigration and Nationality Act;
(ii) has not been convicted of any felony or of three or more misdemeanors committed in the United States;
(iii) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion; and
(iv) is registered or registering under the Military Selective Service Act, if the alien is required to be so registered under that Act.
(E) BASIC CITIZENSHIP SKILLS-
(i) IN GENERAL- The alien must demonstrate that the alien either--
(I) meets the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)) (relating to minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States); or (II) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and such a knowledge and understanding of the history and government of the United States.
(ii) EXCEPTION FOR ELDERLY OR DEVELOPMENTALLY DISABLED INDIVIDUALS- The Attorney General may, in the discretion of the Attorney General, waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older or who is developmentally disabled.
(iii) RELATION TO NATURALIZATION EXAMINATION- In accordance with regulations of the Attorney General, an alien who has demonstrated under clause (i)(I) that the alien meets the requirements of section 312(a) of the Immigration and Nationality Act may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III of such Act.(3) TEMPORARY STAY OF REMOVAL, AUTHORIZED TRAVEL, AND EMPLOYMENT DURING PENDENCY OF APPLICATION-
In lieu of subsections (b)(3) and (e)(2) of such section 245A, the Attorney General shall provide that, in the case of an eligible alien described in subsection (b) of this section who presents a prima facie application for adjustment of status to that of an alien lawfully admitted for permanent residence under such section 245A during the application period described in paragraph (2)(A), until a final determination on the application has been made--
(A) the alien may not be deported or removed from the United States;
(B) the Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need; and
(C) the Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an `employment authorized' endorsement or other appropriate work permit.
(4) APPLICATIONS- Paragraphs (1) through (4) of subsection (c) of such section 245A shall not apply.
(5) CONFIDENTIALITY OF INFORMATION- Subsection (c)(5) of such section 245A shall apply to information furnished by an eligible alien described in subsection (b) pursuant to any application filed under such section 245A or this section, except that the Attorney General (and other officials and employees of the Department of Justice and any bureau or agency thereof) may use such information for purposes of rescinding, pursuant to section 246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)), any adjustment of status obtained by the alien.
(6) USE OF FEES FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES- Notwithstanding subsection (c)(7)(C) of such section 245A, no application fee paid to the Attorney General pursuant to this section by an eligible alien described in subsection (b) of this section shall be available in any fiscal year for the purpose described in such subsection (c)(7)(C).
(7) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS BEFORE APPLICATION PERIOD-
In lieu of subsection (e)(1) of such section 245A, the Attorney General shall provide that in the case of an eligible alien described in subsection (b) of this section who is apprehended before the beginning of the application period described in paragraph (2)(A) and who can establish a prima facie case of eligibility to have his status adjusted under such section 245A pursuant to this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien--
(A) may not be deported or removed from the United States; and
(B) shall be granted authorization to engage in employment in the United States and be provided an `employment authorized' endorsement or other appropriate work permit.(8) JURISDICTION OF COURTS- Effective as of November 6, 1986, subsection (f)(4)(C) of such section 245A shall not apply to an eligible alien described in subsection (b) of this section.
(9) PUBLIC WELFARE ASSISTANCE- Subsection (h) of such section 245A shall not apply.(d) APPLICATIONS FROM ABROAD- The Attorney General shall establish a process under which an alien who has become eligible to apply for adjustment of status to that of an alien lawfully admitted for permanent residence as a result of the enactment of this section and who is not physically present in the United States may apply for such adjustment from abroad.
(e) DEADLINE FOR REGULATIONS- The Attorney General shall issue regulations to implement this section not later than 120 days after the date of the enactment of this Act.
(f) ADMINISTRATIVE AND JUDICIAL REVIEW-The provisions of subparagraphs (A) and (B) of section 245A(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1255a(f)(4)) shall apply to administrative or judicial review of a determination under this section or of a determination respecting an application for adjustment of status under section 245A of the Immigration and Nationality Act filed pursuant to this section.
(g) DEFINITION- For purposes of this section, the term `such section 245A' means section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a).
TITLE XV--LIFE ACT AMENDMENTS (Title XV, Division B, H.R. 5666, Miscellaneous Appropriations of 2001, enacted by reference in H.R. 4577) ?H.Rept. 106-1033
SEC. 1501. SHORT TITLE.
This title may be cited as the ``LIFE Act Amendments of 2000''.
SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT PROVISION.
(a) EXTENDED APPLICATION OF SECTION 245(i).--
(1) IN GENERAL.--Paragraph (1) of section 245(i) of the Immigration and Nationality Act (8 U.S.C. 1255(i)) is amended--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)(i), by striking ``January 14, 1998'' and inserting ``April 30, 2001'';
(C) in subparagraph (B), by adding ``and'' at the end; and
(D) by inserting after subparagraph (B) the following new subparagraph:
``(C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically present in the United States on the date of the enactment of the LIFE Act Amendments of 2000;''.
(2) MODIFICATION IN USE OF FUNDS.--Paragraph (3)(B) of such section is amended by inserting before the period the following: ``, except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 286(m)''.(b) CONFORMING AMENDMENTS.--
(1) Subsection (m) of section 245 of the Immigration and Nationality Act, as added by section 1102(c) of the Legal Immigration Family Equity Act, is repealed.
(2) Section 245 of the Immigration and Nationality Act, as amended by section 1102(d)(2) of the Legal Immigration Family Equity Act, is amended by striking ``or (m)'' each place it appears.SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT PROVISIONS.
(a) INCLUSION OF ADDITIONAL CLASS.--Section 1104(b) of the Legal Immigration Family Equity Act is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) Zambrano v. INS, vacated sub nom. Immigration and Naturalization Service v. Zambrano, 509 U.S. 918 (1993).''.(b) CONFORMING APPLICATION OF CONSENT PROVISION.--
Section 1104(c) of the Legal Immigration Family Equity Act is amended by adding at the end the following new paragraph:
``(10) CONFORMING APPLICATION OF CONSENT PROVISION.--In addition to the waivers provided in subsection (d)(2) of such section 245A of the Immigration and Nationality Act, the Attorney General may grant the alien a waiver of the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting such waivers, the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section.''.
(c) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.--Section 1104 of such Act is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection: ``(g) INAPPLICABILITY OF REMOVAL ORDER REINSTATEMENT.--
Section 241(a)(5) of the Immigration and Nationality Act shall not apply with respect to an alien who is applying for adjusmtent of status under this section.''.SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO SPOUSES AND UNMARRIED CHILDREN OF CERTAIN LIFE ACT BENEFICIARIES.
(a) IMMIGRATION BENEFITS.--Except as provided in subsection (d), in the case of an eligible spouse or child (as described in subsection (b)), the Attorney General--
(1) shall not remove the alien on a ground specified in paragraph (1)(A), (1)(B), (1)(C), or (3)(A) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)), other than so much of paragraph (1)(A) of such section as relates to a groundof inadmissibility described in paragraph (2) or (3) of section 212(a) of such Act (8 U.S.C. 1182(a)); and
(2) shall authorize the alien to engage in employment in the United States during the period of time in which protection is provided under paragraph (1) and shall provide the alien with an ``employment authorized'' endorsement or [Page: H12300] GPO's PDF other appropriate document signifying authorization of employment.(b) ELIGIBLE SPOUSES AND CHILDREN.--For purposes of this section, the term ``eligible spouse or child'' means an alien who is the spouse or unmarried child of an alien described in section 1104(b) of the Legal Immigration Family Equity Act if the spouse or child--
(1) entered the United States before December 1, 1988; and
(2) resided in the United States on such date.(c) PROCESS FOR RELIEF FOR ELIGIBLE SPOUSES AND CHILDREN OUTSIDE THE UNITED STATES.
If an alien has obtained lawful permanent resident status under section 1104 of the Legal Immigration Family Equity Act and the alien has an eligible spouse or child who is no longer physically present in the United States, the Attorney General shall establish a process under which the eligible spouse or child may be paroled into the United States in order to obtain the benefits of subsection (a) unless the Attorney General finds that the spouse or child would be inadmissible or deportable on any ground, other than a ground for which the alien would not be subject to removal under subsection (a)(1). An alien so paroled shall not be treated as paroled into the United States for purposes of section 201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(4)).(d) EXCEPTION.--An alien is not eligible for the benefits of this section if the Attorney General finds that--
(1) the alien has been convicted of a felony or three or more misdemeanors in the United States; or
(2) the alien is described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).(e) APPLICATION OF DEFINITIONS.--Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section.
SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT AND RELIEF ACTS.
(a) NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT.--
(1) IN GENERAL.--Section 202(a) of the Nicaraguan Adjustment and Central American Relief Act is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
``(2) RULES IN APPLYING CERTAIN PROVISIONS.--In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section--
``(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and
``(B) the Attorney General may grant the alien a waiver of the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).''.(2) PERMITTING MOTION TO REOPEN. Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act)), a national of Cuba or Nicaragua who has become eligible for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act as a result of the amendments made by paragraph (1), may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act.
(b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998.--
(1) INAPPLICABILITY OF CERTAIN PROVISIONS.--Section 902(a) of the Haitian Refugee Immigration Fairness Act of 1998 is amended--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new paragraph:
``(2) INAPPLICABILITY OF CERTAIN PROVISIONS.--In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section--
``(A) the provisions of section 241(a)(5) of the Immigration and Nationality Act shall not apply; and
``(B) the Attorney General may grant the alien a waiver of the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act.
In granting waivers under subparagraph (B), the Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).''.(2) PERMITTING MOTION TO REOPEN.--Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act)), a national of Haiti who has become eligible for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 as a result of the amendments made by paragraph (1), may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act.
(c) SECTION 309 OF IIRIRA.--Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is amended by adding at the end the following new subsection:
``(h) RELIEF AND MOTIONS TO REOPEN.--
``(1) RELIEF.--An alien described in subsection (c)(5)(C)(i) who is otherwise eligible for--
``(A) suspension of deportation pursuant to section 244(a) of the Immigration and Nationality Act, as in effect before the title III-A effective date; or
``(B) cancellation of removal, pursuant to section 240A(b) of the Immigration and Nationality Act and subsection (f) of this section; shall not be barred from applying for such relief by operation of section 241(a)(5) of the Immigration and National Act, as in effect after the title III-A effective date.
``(2) ADDITIONAL MOTION TO REOPEN PERMITTED.--Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an alien's conviction of an aggravated felony (as defined by section 101(a) of the Immigration and Nationality Act)), any alien who is described in subsection (c)(5)(C)(i) and who has become eligible for cancellation of removal or suspension of deportation as a result of the enactment of paragraph (1) may file one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal or suspension of deportation. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for cancellation of removal or suspension of deportation. The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of this subsection and shall extend for a period not to exceed 240 days.
``(3) CONSTRUCTION.--Nothing in this subsection shall preclude an alien from filing a motion to reopen pursuant to section 240(b)(5)(C)(ii) of the Immigration and Nationality Act, or section 242B(c)(3)(B) of such Act (as in effect before the title III-A effective date).''.SEC. 1506. EFFECTIVE DATE.
This title shall take effect as if included in the enactment of the Legal Immigration Family Equity Act.
© Copyright Law Offices of Jonathan Liang 2000. All rights reserved.