S.744 Immigration bill - Sec. 2212: ADJUSTMENT TO PERMANENT RESIDENT STATUS
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) In General- Except as provided in subsection (b), and
not earlier than 5 years after the date of the enactment of this Act,
the Secretary shall adjust the status of an alien granted blue card
status to that of an alien lawfully admitted for permanent residence if
the Secretary determines that the following requirements are satisfied:
- (1) QUALIFYING EMPLOYMENT- Except as provided in paragraph (3), the alien--
- (A) during the 8-year period beginning on the date
of the enactment of this Act, performed not less than 100 work days of
agricultural employment during each of 5 years; or
- (B) during the 5-year period beginning on the date
of the enactment of this Act, performed not less than 150 work days of
agricultural employment during each of 3 years.
- (2) EVIDENCE- An alien may demonstrate compliance with the requirement under paragraph (1) by submitting--
- (A) the record of employment described in section 2211(e);
- (B) documentation that may be submitted under subsection (e)(5); or
- (C) any other documentation designated by the Secretary for such purpose.
- (3) EXTRAORDINARY CIRCUMSTANCES-
- (A) IN GENERAL- In determining whether an alien has
met the requirement under paragraph (1), the Secretary may credit the
alien with not more than 12 additional months of agricultural employment
in the United States to meet such requirement if the alien was unable
to work in agricultural employment due to--
- (i) pregnancy, disabling injury, or disease that the alien can establish through medical records;
- (ii) illness, disease, or other special needs of a child that the alien can establish through medical records;
- (iii) severe weather conditions that prevented
the alien from engaging in agricultural employment for a significant
period of time; or
- (iv) termination from agricultural employment, if the Secretary determines that--
- (I) the termination was without just cause; and
- (II) the alien was unable to find alternative agricultural employment after a reasonable job search.
- (B) EFFECT OF DETERMINATION- A determination under
subparagraph (A)(iv), with respect to an alien, shall not be conclusive,
binding, or admissible in a separate or subsequent judicial or
administrative action or proceeding between the alien and a current or
prior employer of the alien or any other party.
- (4) APPLICATION PERIOD- The alien applies for adjustment of status before the alien's agricultural card status expires.
- (5) FINE- The alien pays a fine of $400 to the
Secretary, which shall be deposited into the Comprehensive Immigration
Reform Trust Fund established under section 6(a)(1).
- (b) Grounds for Denial of Adjustment of Status-
- (1) IN GENERAL- The Secretary may not adjust the status of an alien granted blue card status if the alien--
- (A) is no longer eligible for blue card status; or
- (B) failed to perform the qualifying employment
requirement under subsection (a)(1), considering any amount credited by
the Secretary under subsection (a)(3).
- (2) MAINTENANCE OF WAIVERS OF INADMISSIBILITY- The
grounds of inadmissibility set forth in section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) that were previously
waived for the alien or made inapplicable shall not apply for purposes
of the alien's adjustment of status under this section.
- (3) PENDING REVOCATION PROCEEDINGS- If the Secretary
has notified the applicant that the Secretary intends to revoke the
applicant's blue card status, the Secretary may not approve an
application for adjustment of status under this section unless the
Secretary makes a final determination not to revoke the applicant's
- (4) PAYMENT OF TAXES-
- (A) IN GENERAL- An applicant may not file an
application for adjustment of status under this section unless the
applicant has satisfied any applicable Federal tax liability.
- (B) COMPLIANCE- The applicant may demonstrate
compliance with subparagraph (A) by submitting such documentation as the
Secretary, in consultation with the Secretary of the Treasury, may
require by regulation.
- (c) Spouses and Children- Notwithstanding any other
provision of law, the Secretary shall grant permanent resident status to
the spouse or child of an alien whose status was adjusted under
subsection (a) if--
- (1) the spouse or child applies for such status;
- (2) the principal alien includes the spouse and
children in an application for adjustment of status to that of a lawful
permanent resident; and
- (3) the spouse or child is not ineligible under section 245B(b)(3).
- (d) Numerical Limitations Do Not Apply-
- (1) IN GENERAL- The numerical limitations under
sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C.
1151 and 1152) shall not apply to the adjustment of aliens to lawful
permanent resident status under this section.
- (2) CONFORMING AMENDMENT- Section 201(b)(1) is amended by adding at the end the following:
- `(F) Aliens granted lawful permanent resident status under section 245B.'.
- (e) Submission of Applications-
- (1) INTERVIEW- The Secretary may interview applicants
for adjustment of status under this section to determine whether they
meet the eligibility requirements set forth in this section.
- (2) FEES -
- (A) IN GENERAL- Applicants for adjustment of status
under this section shall pay a processing fee to the Secretary in an
amount that will ensure the recovery of the full costs of adjudicating
such applications, including--
- (i) the cost of taking and processing biometrics;
- (ii) expenses relating to prevention and investigation of fraud; and
- (iii) costs relating to the administration of the fees collected.
- (B) AUTHORITY TO LIMIT FEES- The Secretary, by regulation--
- (i) may limit the maximum processing fee
payable under this paragraph by a family, including spouses and
unmarried children younger than 21 years of age; and
- (ii) may exempt individuals described in
section 245B(c)(10) of the Immigration and Nationality Act, as added by
section 2201 of this Act, and other defined classes of individuals from
the payment of the fee under subparagraph (A).
- (3) DISPOSITION OF FEES-
- (A) IN GENERAL- All fees collected under paragraph
(1)(A) shall be deposited as offsetting receipts into the Comprehensive
Immigration Reform Trust Fund established under section 6(a)(1).
- (B) USE OF FEES FOR APPLICATION PROCESSING- Amounts
deposited into the Comprehensive Immigration Reform Trust Fund pursuant
to subparagraph (A) shall remain available to the Secretary until
expended for processing applications for agriculture card status or for
adjustment of status under this section or section 2211.
- (4) DOCUMENTATION OF WORK HISTORY-
- (A) BURDEN OF PROOF- An alien applying for blue
card status under this section or for adjustment of status under
subsection (a) has provided evidence that the alien has worked the
requisite number of hours or days required under section 2211(a)(1) or
subsection (a)(3), as applicable.
- (B) TIMELY PRODUCTION OF RECORDS- If an employer or
farm labor contractor employing such an alien has kept proper and
adequate records respecting such employment, the alien's burden of proof
under subparagraph (A) may be met by securing timely production of
those records under regulations to be promulgated by the Secretary.
- (C) SUFFICIENT EVIDENCE- An alien may meet the
burden of proof under subparagraph (A) to establish that the alien has
performed the days or hours of work referred to in subparagraph (A) by
producing sufficient evidence to show the extent of that employment as a
matter of just and reasonable inference.
- (f) Limitation on Access to Information- Files and records
collected or compiled by a qualified designated entity for the purposes
of this section are confidential. The Secretary may not have access to
such a file or record relating to an alien without the consent of the
alien, except as allowed by a court order issued pursuant to subsection
- (g) Confidentiality of Information- Except as otherwise
provided in this section, the Secretary or any other official or
employee of the Department may not--
- (1) use information furnished by the applicant pursuant
to an application filed under this subtitle, the information provided
by an applicant to a qualified designated entity, or any information
provided by an employer or former employer for any purpose other than to
make a determination on the application or for imposing the penalties
described in subsection (h);
- (2) make any publication in which the information furnished by any particular individual can be identified; or
- (3) permit a person other than a sworn officer or
employee of the Department or, with respect to applications filed with a
qualified designated entity, that qualified designated entity, to
examine individual applications.
- (h) Penalties for False Statements in Applications-
- (1) CRIMINAL PENALTY- Any person who--
- (A) files an application for blue card status under
section 2211 or an adjustment of status under this section and
knowingly and willfully falsifies, conceals, or covers up a material
fact or makes any false, fictitious, or fraudulent statements or
representations, or makes or uses any false writing or document knowing
the same to contain any false, fictitious, or fraudulent statement or
- (B) creates or supplies a false writing or document for use in making such an application,
- shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both.
- (2) INADMISSIBILITY- An alien who is convicted of a
crime under paragraph (1) shall be deemed inadmissible to the United
States on the ground described in section 212(a)(6)(C)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
- (3) DEPOSIT- Fines collected under paragraph (1) shall
be deposited into the Comprehensive Immigration Reform Trust Fund
established under section 6(a)(1).
- (i) Eligibility for Legal Services- Section 504(a)(11) of
the Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat.
1321-55) may not be construed to prevent a recipient of funds under the
Legal Services Corporation Act (42 U.S.C. 2996 et seq.) from providing
legal assistance directly related to an application for blue card status
under section 2211 or an adjustment of status under this section.
ADJUSTMENT TO PERMANENT RESIDENT STATUS