S.Amdt. 992

SA 992. Mr. SCHUMER (for Mr. Menendez) submitted an amendment
intended to be proposed by Mr. Schumer to the bill H.R. 2810, to
authorize appropriations for fiscal year 2018 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PRIVATE RELIEF FOR THE MCALLISTER FAMILY.

(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act (8 U.S.C.
1151), Malachy McAllister, Nicola McAllister, and Sean Ryan
McAllister shall each be eligible for an immigrant visa or
for adjustment of status to that of an alien lawfully
admitted for permanent residence upon filing an application
for an immigrant visa under section 204 of such Act (8 U.S.C.
1154) or for adjustment of status to lawful permanent
resident.
(b) Adjustment of Status.--If Malachy McAllister, Nicola
McAllister, or Sean Ryan McAllister enters the United States
before the filing deadline described in subsection (d), he or
she shall be considered to have entered and remained lawfully
in the United States and shall, if otherwise eligible, be
eligible for adjustment of status under section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255), as of the
date of the enactment of this Act.
(c) Waiver of Grounds for Removal of, or Denial of
Admission.--
(1) In general.--Notwithstanding sections 212(a) and 237(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a) and
1227(a)), Malachy McAllister, Nicola McAllister, and Sean
Ryan McAllister may not be removed from the United States, or
denied admission to the United States, by reason of any act
of any of such individuals that is a ground for removal or
denial of admission and is reflected in the records of the
Department of Homeland Security, or the Visa Office of the
Department of State, on the date of the enactment of this
Act.
(2) Rescission of outstanding order of removal.--The
Secretary of Homeland Security shall rescind any outstanding
order of removal or deportation, or any finding of
deportability, that has been entered against Malachy
McAllister, Nicola McAllister, or Sean Ryan McAllister by
reason of any act described in paragraph (1).
(d) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall not apply unless Malachy
McAllister, Nicola McAllister, and Sean Ryan McAllister each
file an application for an immigrant visa or for adjustment
of status, with appropriate fees, not later than 2 years
after the date of the enactment of this Act.
(e) Reduction of Immigrant Visa Number.--Upon the granting
of an immigrant visa or permanent resident status to Malachy
McAllister, Nicola McAllister, and Sean Ryan McAllister, the
Secretary of State shall instruct the proper officer to
reduce by 3, during the current or next following fiscal
year, the total number of immigrant visas that are made
available to natives of the country of the aliens' birth
under section 202(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1152(a)(2)).
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