H.R. 6438

To provide for the adjustment of status for certain long-term conditional residents.

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I

111th CONGRESS

2d Session

H. R. 6438

IN THE HOUSE OF REPRESENTATIVES

November 18, 2010

Mr. Griffith introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide for the adjustment of status for certain long-term conditional residents.

1.

Adjustment of status

Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:

(n)

Adjustment of status for alien entrepreneurs

(1)

In general

The Secretary of Homeland Security shall adjust the status of an alien described in paragraph (2) to that of an alien lawfully admitted for permanent residency if the alien—

(A)

applies for such adjustment;

(B)

is physically present in the United States on the date on which the application for such adjustment is filed;

(C)

is admissible to the United States as an immigrant (except as provided in paragraph (3)); and

(D)

pays the standard fee for applicants for adjustment of status under this section.

(2)

Aliens eligible for adjustment of status

An alien is described in this paragraph if the alien—

(A)

became a conditional resident under this section as an alien entrepreneur, alien spouse, or alien child (as such terms are defined in section 216A(f)) on or before December 31, 1998;

(B)

filed an application to remove his or her conditional resident status on an I–829 form on or before December 31, 2000, in accordance with section 216A; and

(C)

had such form or a motion to reopen or reconsider the denial of such form pending before the Department of Homeland Security as of the date of the enactment of this subsection.

(3)

Waiver of certain grounds for inadmissibility

(A)

Inapplicable provisions

Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an adjustment of status under this subsection.

(B)

Permissible waivers

The Secretary of Homeland Security may waive any other provision of section 212(a) (except for paragraphs (2)(C) and (3)) with respect to an adjustment of status under this subsection—

(i)

for humanitarian purposes;

(ii)

to assure family unity; or

(iii)

if such waiver is otherwise in the public interest.

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