To provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence.

1. Adds SEC. __. ADJUSTMENT OF STATUS wherever appropriate

   Adds a section

   Inserted: SEC. __. ADJUSTMENT OF STATUS.

   Inserted: (a) Adjustment of Status.--

   Inserted: (1) Eligibility.--The Secretary of Homeland Security (referred to in this section as the "Secretary") shall adjust the status of any alien described in subsection (b) to that of an alien lawfully admitted for permanent residence, if the alien--

   Inserted: (A) applies for adjustment before April 1, 2006; and

   Inserted: (B) is otherwise eligible to receive an immigrant visa, has not been convicted of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act), and is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility--

   Inserted: (i) the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply; and

   Inserted: (ii) the Secretary, in the unreviewable discretion of the Secretary, may waive the grounds of inadmissibility specified in paragraphs (1)(A)(i) and (6)(C) of such section 212(a) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

   Inserted: (2) Inapplicability of certain provisions.--

   Inserted: (A) In general.--In determining the eligibility of an alien described in subsection (b) or (d) for adjustment of status under this section or other relief necessary to establish eligibility for such adjustment, the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply.

   Inserted: (B) Reapplication for admission.--An alien who would otherwise be inadmissible under subparagraph (A) or (C) of section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)) may apply for the Secretary's consent to reapply for admission without regard to the requirement that the consent be granted prior to the date of the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, in order to qualify for the exception to those grounds of inadmissibility set forth in subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).

   Inserted: (3) Relationship of application to certain orders.--

   Inserted: (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).

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   Inserted: (B) Requirements.--An alien described in subparagraph (A)--

   Inserted: (i) 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); and

   Inserted: (ii) may be required to seek a stay of such order in accordance with subsection (c) to prevent the execution of that order pending the adjudication of the application for adjustment of status.

   Inserted: (C) Effect of decision by secretary.--If the Secretary denies a stay of a final order of exclusion, deportation, or removal, or if the Secretary renders a final administrative decision to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Secretary grants the application for adjustment of status, the Secretary shall cancel the order.

   Inserted: (b) Aliens Eligible for Adjustment of Status.--

   Inserted: (1) In general.--Except as provided under paragraphs (2) and (3), the benefits provided under subsection (a) shall apply to any alien who--

   Inserted: (A) is a national of Liberia; and

   Inserted: (B) has been physically present in the United States for a continuous period, beginning not later than January 1, 2005, and ending not earlier than the date on which the application for adjustment under subsection (a) is filed.

   Inserted: (2) Effect of absences.--An alien described in paragraph (1) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days.

   Inserted: (3) Limitation.--Subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless the alien is applying for such relief in deportation or removal proceedings.

   Inserted: (c) Stay of Removal and Work Authorization.--

   Inserted: (1) In general.--The Secretary shall provide, by regulation, for an alien subject to a final order of exclusion, deportation, or removal to seek a stay of such order based on the filing of an application under subsection (a). Nothing in this section shall require the Secretary to stay the removal of an alien who is ineligible for adjustment of status under this section.

   Inserted: (2) During certain proceedings.--Notwithstanding any provision in the Immigration and Nationality Act, the Secretary shall not order any 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 if the Secretary has rendered a final administrative determination to deny the application.

   Inserted: (3) Work authorization.--

   Inserted: (A) In general.--The Secretary 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 documentation signifying authorization of employment.

   Inserted: (B) Pending applications.--If an application under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize such employment.

   Inserted: (d) Spouses, Children, and Unmarried Sons and Daughters.--

   Inserted: (1) Adjustment of status.--The Secretary shall adjust the status of any alien to that of an alien lawfully admitted for permanent residence if--

   Inserted: (A) the alien is the spouse, child, or unmarried son or daughter of an alien lawfully admitted for permanent residence under subsection (a), if--

   Inserted: (i) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the qualifying marriage was entered into before the date of enactment of this Act; and

   Inserted: (ii) in the case of such an unmarried son or daughter, the son or daughter is required to establish that he or she has been physically present in the United States for a continuous period, beginning not later than January 1, 2005, and ending not earlier than the date the application for adjustment under this subsection is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days;

   Inserted: (B) the alien entered the United States on or before the date of enactment of this Act;

   Inserted: (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed;

   Inserted: (D) the alien is otherwise eligible to receive an immigrant visa, has not been convicted of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act) and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply, and the Secretary may, in his unreviewable discretion, waive the grounds of inadmissibility specified in paragraphs (1)(A)(i) and (6)(C) of such section 212(a) for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest; and

   Inserted: (E) the alien applies for such adjustment before April 1, 2006.

   Inserted: (2) Eligibility of certain spouses and children for issuance of immigrant visas.--

   Inserted: (A) In general.--In accordance with regulations to be promulgated by the Secretary and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a), an alien who is the spouse or child of the alien granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child--

   Inserted: (i) meets the requirements in subparagraph (A) and (D) of paragraph (1); and

   Inserted: (ii) applies for such a visa within a time period to be established by regulation.

   Inserted: (B) Fees.--

   Inserted: (i) In general.--The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved.

   Inserted: (ii) Amount; availability.--Fees collected under this subparagraph--

   Inserted: (I) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and

   Inserted: (II) shall be available until expended for the same purposes of such appropriation to support consular activities.

   Inserted: (e) Administrative Review.--The Secretary shall provide to applicants for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to--

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

   Inserted: (2) aliens subject to removal proceedings under section 240 of such Act.

   Inserted: (f) Limitation on Judicial Review.--A determination by the Secretary 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.

   Inserted: (g) No Offset in Number of Visas Available.--If an alien is granted the status of having been lawfully admitted for permanent residence or an immigrant classification under 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.

   Inserted: (h) Application of Immigration and Nationality Act Provisions.--

   Inserted: (1) Definitions.--Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in this section.

   Inserted: (2) Savings provision.--Nothing in this section shall be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization.

   Inserted: (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.

   Inserted: (i) Admissions.--Nothing in this section shall be construed as authorizing an alien to apply for admission to, be admitted to, be paroled into, or otherwise return to the United States, or to apply for or pursue an application for adjustment of status under this section without the express authorization of the Secretary.

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As printed