S.Amdt. 1972

1. Inserts new text on page 570, between lines 3 and 4

   InsertsPrinted page

   Inserted: (f) Adjustment of Status for Certain Victims of Terrorism.--

   Inserted: (1) Specified terrorist activity.--In this subsection, the term "specified terrorist activity" means any terrorist activity conducted against the Government or the people of the United States on September 11, 2001.

   Inserted: (2) Adjustment of status.--

   Inserted: (A) In general.--The Secretary of Homeland Security shall adjust the status of any alien described in paragraph (3) to that of an alien lawfully admitted for permanent residence, if the alien--

   Inserted: (i) applies for such adjustment not later than 2 years after the date on which the Secretary establishes procedures to implement this subsection; and

   Inserted: (ii) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.

   Inserted: (B) Rules in applying certain provisions.--

   Inserted: (i) In general.--In the case of an alien described in paragraph (3) who is applying for adjustment of status under this subsection--

   Inserted: (I) the provisions of section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; and

   Inserted: (II) the Secretary may grant the alien a waiver of the grounds of inadmissibility under subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).

   Inserted: (ii) Standards.--In granting waivers under clause (i)(II), the Secretary shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).

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

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   Inserted: (i) Application permitted.--An alien who is present in the United States and has been ordered excluded, deported, removed, or granted voluntary departure from the United States under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order or grant of voluntary departure, apply for adjustment of status under subparagraph (A).

   Inserted: (ii) Motion not required.--An alien described in clause (i) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order.

   Inserted: (iii) Effect of decision.--If the Secretary grants an application under clause (i), the Secretary shall cancel the order. If the Secretary renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.

   Inserted: (3) Aliens eligible for adjustment of status.--Subject to paragraph (7), the benefits under paragraph (2) shall apply to any alien who--

   Inserted: (A) was lawfully present in the United States as a nonimmigrant alien under the immigration laws of the United States on September 10, 2001;

   Inserted: (B) was, on such date, the spouse, child, dependent son, or dependent daughter of an alien who--

   Inserted: (i) was lawfully present in the United States as a nonimmigrant under the immigration laws of the United States on such date; and

   Inserted: (ii) died as a direct result of a specified terrorist activity; and

   Inserted: (C) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note).

   Inserted: (4) Stay of removal; work authorization.--

   Inserted: (A) In general.--The Secretary shall establish a process by which an alien subject to a final order of removal may seek a stay of such order based on the filing of an application under paragraph (2).

   Inserted: (B) During certain proceedings.--The Attorney General may not order any alien to be removed from the United States, if the alien is in removal proceedings under any provision of such Act and has applied for adjustment of status under paragraph (2), unless the Secretary or Attorney General has rendered a final administrative determination to deny the application.

   Inserted: (C) Work authorization.--The Secretary shall authorize an alien who was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note), and who has applied for adjustment of status under paragraph (2) to engage in employment in the United States during the pendency of such application.

   Inserted: (5) Availability of administrative review.--Applicants for adjustment of status under paragraph (2) shall have the same right to, and procedures for, administrative review as are provided to--

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

   Inserted: (B) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).

   Inserted: (6) Cancellation of removal for certain immigrant victims of terrorism.--

   Inserted: (A) In general.--Subject to the provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act (8 U.S.C. 1229b)) and paragraph (7) of this subsection, the Attorney General shall, under such section 240A, cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subparagraph (B), if the alien applies for such relief.

   Inserted: (B) Aliens eligible for cancellation of removal.--The benefits provided by subparagraph (A) shall apply to any alien who--

   Inserted: (i) was, on September 10, 2001, the spouse, child, dependent son, or dependent daughter of an alien who died as a direct result of a specified terrorist activity; and

   Inserted: (ii) was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note).

   Inserted: (C) Stay of removal; work authorization.--

   Inserted: (i) In general.--The Secretary shall establish a process to provide for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subparagraph (A).

   Inserted: (ii) Work authorization.--The Secretary shall authorize an alien who was deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note), and who has applied for cancellation of removal under subparagraph (A) to engage in employment in the United States during the pendency of such application.

   Inserted: (D) Motions to reopen removal proceedings.--

   Inserted: (i) In general.--On motions to reopen removal proceedings, any alien who has become eligible for cancellation of removal as a result of the enactment of this section may file 1 motion to reopen removal proceedings to apply for such relief.

   Inserted: (ii) Filing period.--The Attorney General shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of this Act and shall extend for a period not to exceed 240 days.

   Inserted: (7) Exceptions.--Notwithstanding any other provision of this subsection, an alien may not be provided relief under this subsection if the alien is--

   Inserted: (A) inadmissible 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)), including any individual culpable for a specified terrorist activity; or

   Inserted: (B) a family member of an alien described in subparagraph (A).

   Inserted: (8) Evidence of death.--For purposes of this subsection, the Secretary shall use the standards established under section 426 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat. 362) in determining whether death occurred as a direct result of a specified terrorist activity.

   Inserted: (9) Process for implementation.--The Secretary and the Attorney General--

   Inserted: (A) shall carry out this subsection as expeditiously as possible;

   Inserted: (B) are not required to promulgate regulations before implementing this subsection; and

   Inserted: (C) shall promulgate procedures to implement this subsection not later than 180 days after the date of the enactment of this Act.

   Inserted: (10) Implementation.--No provision of this subsection shall be subject to section 1 of this Act.

   Original wording

   On page 570, between lines 3 and 4, insert the following new subsection:

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As printed