110th 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
February 16, 2007
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 cited as the `Liberian Refugee Immigration Fairness Act
of 2007'.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status-
(A) ELIGIBILITY- The Secretary of Homeland Security 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, 2009; and
(ii) is otherwise eligible to receive an immigrant visa and 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 (8 U.S.C. 1182(a)) shall not apply.
(B) INELIGIBLE ALIENS- An alien shall not be eligible for adjustment
of status under this section if the Secretary of Homeland Security determines
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) 2 or more crimes involving moral turpitude.
(2) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS-
(A) IN GENERAL- An alien present in the United States who has been ordered
excluded, deported, removed, or 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.
(B) SEPARATE MOTION NOT REQUIRED- An alien described in subparagraph
(A) may not be required, as a condition of submitting or granting such
application, to file a separate motion to reopen, reconsider, or vacate
the order described in subparagraph (A).
(C) EFFECT OF DECISION BY SECRETARY- If the Secretary of Homeland Security
grants an application under paragraph (1), the Secretary shall cancel
the order. If the Secretary of Homeland Security 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 under subsection (a) shall apply
to any alien--
(i) a national of Liberia; and
(ii) has been continuously present in the United States from January
1, 2007, 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.
(1) IN GENERAL- The Secretary of Homeland Security 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 in the Immigration
and Nationality Act, the Secretary of Homeland Security 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 Secretary of Homeland Security has made a final determination to deny
the application.
(A) IN GENERAL- The Secretary of Homeland Security 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.
(B) PENDING APPLICATIONS- If an application under subsection (a) is
pending for a period exceeding 180 days and has not been denied, the
Secretary of Homeland Security shall authorize such employment.
(d) Record of Permanent Residence- Upon approval of an alien's application
for adjustment of status under subsection (a), the Secretary of Homeland
Security 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 Secretary of Homeland Security
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 (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240 of such Act
(8 U.S.C. 1229a).
(f) Limitation on Judicial Review- A determination by the Secretary of Homeland
Security 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- If 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-
(1) DEFINITIONS- Except as otherwise specifically provided in this Act,
the definitions contained in the Immigration and Nationality Act shall
apply in this section.
(2) SAVINGS PROVISION- Nothing in this Act shall be construed to repeal,
amend, alter, modify, effect, or restrict the powers, duties, function,
or authority of the Secretary of Homeland Security in the administration
and enforcement of the Immigration and Nationality Act or any other law
relating to immigration, nationality, or naturalization.
(3) EFFECT OF ELIGIBILITY FOR ADJUSTMENT OF STATUS- Eligibility to be
granted the status of having been lawfully admitted for permanent residence
under this section shall not preclude an alien from seeking any status
under any other provision of law for which the alien may otherwise be
eligible.
END
