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108th CONGRESS
1st Session
S. 656
To provide for the adjustment of status of certain nationals of Liberia
to that of lawful permanent residence.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 19, 2003
Mr. Reed introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the adjustment of status of certain nationals of Liberia
to that of lawful permanent residence.
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 referred to as the ``Liberian Refugee Immigration
Fairness Act of 2003''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Attorney General shall adjust
the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent
residence, if the alien--
(i) applies for adjustment before April 1,
2005; and
(ii) is otherwise eligible to receive an
immigrant visa and is otherwise admissible to
the United States for permanent residence,
except that, 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.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Attorney General finds that the alien has been
convicted of--
(i) any aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)); or
(ii) two or more crimes involving moral
turpitude.
(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), if otherwise
qualified under that paragraph. Such an alien may not be
required, as a condition on 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 makes a final 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--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the
United States from January 1, 2003, through the
date of application under subsection (a); or
(B) who 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), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to
not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or 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 an 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 made a final 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) Record of Permanent Residence.--Upon approval of an alien's
application for adjustment of status under subsection (a), the Attorney
General shall establish a record of the alien's admission for permanent
record as of the date of the alien's arrival in the United States.
(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 section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--Whenever an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, 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 Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in the Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, function, 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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