HR 3290 IH

To provide the spouses and children of aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink

July 22, 2009CommentsClose CommentsPermalink

Mrs. MALONEY (for herself, Mr. KING of New York, Mr. NADLER of New York, Mr. WEINER, Mr. ACKERMAN, Mr. ENGEL, Mr. ISRAEL, Ms. CLARKE, Mr. SIRES, Mr. HOLT, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide the spouses and children of aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘September 11 Family Humanitarian Relief and Patriotism Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF TERRORISM.

(a) Adjustment of Status- The status of any alien described in subsection (b) may be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien--CommentsClose CommentsPermalink





(1) applies for such adjustment not later than 1 year after the date of the enactment of this Act;CommentsClose CommentsPermalink





(2) is not inadmissible to the United States under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), or deportable under paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C. 1227(a)); andCommentsClose CommentsPermalink





(3) not later than the date on which the application under paragraph (1) is submitted, satisfies any applicable Federal tax liability by establishing that--CommentsClose CommentsPermalink





(A) no such tax liability exists; orCommentsClose CommentsPermalink





(B) all outstanding liabilities have been paid.CommentsClose CommentsPermalink





(b) Aliens Eligible for Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL- The benefit provided by subsection (a) shall apply to any alien who--CommentsClose CommentsPermalink





(A) was, on September 10, 2001, the spouse, child, unmarried son, or unmarried daughter of an alien who died as a direct result of the terrorist activity conducted against the United States on September 11, 2001;CommentsClose CommentsPermalink





(B) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101); andCommentsClose CommentsPermalink





(C) made a proffer of information to the Secretary of Homeland Security between April 24, 2008, and August 15, 2008, in connection with a request for immigration relief.CommentsClose CommentsPermalink





(2) EXCEPTION- An alien shall not be provided any benefit under this section if the Secretary of Homeland Security determines that the alien has willfully made a material misrepresentation or material omission in the proffer of information described in paragraph (1)(C).CommentsClose CommentsPermalink





(c) Work Authorization- 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.CommentsClose CommentsPermalink





(d) Construction- Nothing in this section shall be construed to limit the existing authority of the Secretary of Homeland Security on the date of the enactment of this Act to require any form or other submission of information or to perform any background or security check for the purpose of determining the admissibility, or eligibility under this section, of any alien.CommentsClose CommentsPermalink





(e) Waiver of Regulations- The Secretary of Homeland Security shall issue guidance to carry out this section not later than 6 months after the date of the enactment of this Act, but is not required to promulgate regulations prior to implementing this section.CommentsClose CommentsPermalink





(f) No Offset in Number of Visas Available- When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).CommentsClose CommentsPermalink





(g) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) The term ‘applicable Federal tax liability’ means liability for Federal taxes, including penalties and interest, owed for any year for which the statutory period for assessment of any deficiency for such taxes has not expired.CommentsClose CommentsPermalink





(2) Except as otherwise specifically provided in this section, the definitions used in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (excluding the definitions applicable exclusively to title III of such Act) shall apply in the administration of this section.CommentsClose CommentsPermalink