S 656 ISCommentsClose CommentsPermalink

To provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.CommentsClose CommentsPermalink

March 19, 2009CommentsClose CommentsPermalink

Mr. REED (for himself, Mr. WHITEHOUSE, Mr. KERRY, Ms. MIKULSKI, Ms. KLOBUCHAR, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.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 ‘Liberian Refugee Immigration Fairness Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. ADJUSTMENT OF STATUS.

(a) Adjustment of Status-CommentsClose CommentsPermalink





(1) IN GENERAL-CommentsClose CommentsPermalink





(A) ELIGIBILITY- Except as provided under subparagraph (B), 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--CommentsClose CommentsPermalink





(i) applies for adjustment before April 1, 2011; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); orCommentsClose CommentsPermalink





(ii) 2 or more crimes involving moral turpitude.CommentsClose CommentsPermalink





(2) RELATIONSHIP OF APPLICATION TO CERTAIN ORDERS-CommentsClose CommentsPermalink





(A) IN GENERAL- An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been 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 such paragraph.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(C) EFFECT OF DECISION BY SECRETARY- If the Secretary of Homeland Security grants an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). 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.CommentsClose CommentsPermalink





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





(1) IN GENERAL- The benefits provided under subsection (a) shall apply to any alien--CommentsClose CommentsPermalink





(A) who is--CommentsClose CommentsPermalink





(i) a national of Liberia; andCommentsClose CommentsPermalink





(ii) has been continuously present in the United States from January 1, 2009, through the date of application under subsection (a); orCommentsClose CommentsPermalink





(B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Stay of Removal-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) WORK AUTHORIZATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary of Homeland Security may--CommentsClose CommentsPermalink





(i) 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; andCommentsClose CommentsPermalink





(ii) provide the alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment.CommentsClose CommentsPermalink





(B) PENDING APPLICATIONS- If an application for adjustment of status 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.CommentsClose CommentsPermalink





(d) Record of Permanent Residence- Upon the 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); andCommentsClose CommentsPermalink





(2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).CommentsClose CommentsPermalink





(f) Limitation on Judicial Review- A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court.CommentsClose CommentsPermalink





(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 (8 U.S.C. 1101 et seq.).CommentsClose CommentsPermalink





(h) Application of Immigration and Nationality Act Provisions-CommentsClose CommentsPermalink





(1) DEFINITIONS- Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section.CommentsClose CommentsPermalink





(2) 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 of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink