S.744 Immigration bill - Sec. 3405: STATELESS PERSONS IN THE UNITED STATES
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) In General- Chapter 1 of title II (8 U.S.C. 1151 et seq.) is amended by adding at the end the following:
`SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED STATES.
- `(a) Stateless Persons-
- `(1) IN GENERAL- In this section, the term `stateless
person' means an individual who is not considered a national under the
operation of the laws of any country.
- `(2) DESIGNATION OF SPECIFIC STATELESS GROUPS- The
Secretary of Homeland Security, in consultation with the Secretary of
State, may, in the discretion of the Secretary, designate specific
groups of individuals who are considered stateless persons, for purposes
of this section.
- `(b) Status of Stateless Persons-
- `(1) RELIEF FOR CERTAIN INDIVIDUALS DETERMINED TO BE
STATELESS PERSONS- The Secretary of Homeland Security or the Attorney
General may, in his or her discretion, provide conditional lawful status
to an alien who is otherwise inadmissible or deportable from the United
States if the alien--
- `(A) is a stateless person present in the United States;
- `(B) applies for such relief;
- `(C) has not lost his or her nationality as a
result of his or her voluntary action or knowing inaction after arrival
in the United States;
- `(D) except as provided in paragraphs (2) and (3), is not inadmissible under section 212(a); and
- `(E) is not described in section 241(b)(3)(B)(i).
- `(2) INAPPLICABILITY OF CERTAIN PROVISIONS- The
provisions under paragraphs (4), (5), (7), and (9)(B) of section 212(a)
shall not apply to any alien seeking relief under paragraph (1).
- `(3) WAIVER- The Secretary or the Attorney General may
waive any other provisions of such section, other than subparagraphs
(B), (C), (D)(ii), (E), (G), (H), or (I) of paragraph (2), paragraph
(3), paragraph (6)(C)(i) (with respect to misrepresentations relating to
the application for relief under paragraph (1)), or subparagraphs (A),
(C), (D), or (E) of paragraph (10) of section 212(a), with respect to
such an alien for humanitarian purposes, to assure family unity, or if
it is otherwise in the public interest.
- `(4) SUBMISSION OF PASSPORT OR TRAVEL DOCUMENT- Any
alien who seeks relief under this section shall submit to the Secretary
of Homeland Security or the Attorney General--
- `(A) any available passport or travel document
issued at any time to the alien (whether or not the passport or document
has expired or been cancelled, rescinded, or revoked); or
- `(B) an affidavit, sworn under penalty of perjury--
- `(i) stating that the alien has never been issued a passport or travel document; or
- `(ii) identifying with particularity any such passport or travel document and explaining why the alien cannot submit it.
- `(5) WORK AUTHORIZATION- The Secretary of Homeland
Security may authorize an alien who has applied for and is found prima
facie eligible for or been granted relief under paragraph (1) to engage
in employment in the United States.
- `(6) TRAVEL DOCUMENTS- The Secretary may issue
appropriate travel documents to an alien who has been granted relief
under paragraph (1) that would allow him or her to travel abroad and be
admitted to the United States upon return, if otherwise admissible.
- `(7) TREATMENT OF SPOUSE AND CHILDREN- The spouse or
child of an alien who has been granted conditional lawful status under
paragraph (1) shall, if not otherwise eligible for admission under
paragraph (1), be granted conditional lawful status under this section
if accompanying, or following to join, such alien if--
- `(A) the spouse or child is admissible (except as
otherwise provided in paragraphs (2) and (3)) and is not described in
section 241(b)(3)(B)(i); and
- `(B) the qualifying relationship to the principal
beneficiary existed on the date on which such alien was granted
conditional lawful status.
- `(c) Adjustment of Status-
- `(1) INSPECTION AND EXAMINATION- At the end of the
1-year period beginning on the date on which an alien has been granted
conditional lawful status under subsection (b), the alien may apply for
lawful permanent residence in the United States if--
- `(A) the alien has been physically present in the United States for at least 1 year;
- `(B) the alien's conditional lawful status has not
been terminated by the Secretary of Homeland Security or the Attorney
General, pursuant to such regulations as the Secretary or the Attorney
General may prescribe; and
- `(C) the alien has not otherwise acquired permanent resident status.
- `(2) REQUIREMENTS FOR ADJUSTMENT OF STATUS- The
Secretary of Homeland Security or the Attorney General, under such
regulations as the Secretary or the Attorney General may prescribe, may
adjust the status of an alien granted conditional lawful status under
subsection (b) to that of an alien lawfully admitted for permanent
residence if such alien--
- `(A) is a stateless person;
- `(B) properly applies for such adjustment of status;
- `(C) has been physically present in the United
States for at least 1 year after being granted conditional lawful status
under subsection (b);
- `(D) is not firmly resettled in any foreign country; and
- `(E) is admissible (except as otherwise provided
under paragraph (2) or (3) of subsection (b)) as an immigrant under this
chapter at the time of examination of such alien for adjustment of
status.
- `(3) RECORD- Upon approval of an application under this
subsection, the Secretary of Homeland Security or the Attorney General
shall establish a record of the alien's admission for lawful permanent
residence as of the date that is 1 year before the date of such
approval.
- `(4) NUMERICAL LIMITATION- The number of aliens who may
receive an adjustment of status under this section for a fiscal year
shall be subject to the numerical limitation of section 203(b)(4).
- `(d) Proving the Claim- In determining an alien's
eligibility for lawful conditional status or adjustment of status under
this subsection, the Secretary of Homeland Security or the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and the
weight to be given that evidence shall be within the sole discretion of
the Secretary or the Attorney General.
- `(e) Review-
- `(1) ADMINISTRATIVE REVIEW- No appeal shall lie from
the denial of an application by the Secretary, but such denial will be
without prejudice to the alien's right to renew the application in
proceedings under section 240.
- `(2) MOTIONS TO REOPEN- Notwithstanding any limitation
imposed by law on motions to reopen removal, deportation, or exclusion
proceedings, any individual who is eligible for relief under this
section may file a motion to reopen proceedings in order to apply for
relief under this section. Any such motion shall be filed within 2 years
of the date of the enactment of the Border Security, Economic
Opportunity, and Immigration Modernization Act.
- `(f) Limitation-
- `(1) APPLICABILITY- The provisions of this section shall only apply to aliens present in the United States.
- `(2) SAVINGS PROVISION- Nothing in this section may be construed to authorize or require--
- `(A) the admission of any alien to the United States;
- `(B) the parole of any alien into the United States; or
- `(C) the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the United States.'.
- (b) Judicial Review- Section 242(a)(2)(B)(ii) (8 U.S.C.
1252(a)(2)(B)(ii)) is amended by striking `208(a).' and inserting
`208(a) or 210A.'.
- (c) Conforming Amendment- Section 203(b)(4) (8 U.S.C.
1153(b)(4)) is amended by inserting `to aliens granted an adjustment of
status under section 210A(c) or' after `level,'.
- (d) Clerical Amendment- The table of contents for the
Immigration and Nationality Act is amended by inserting after the item
relating to section 210 the following:
- `Sec. 210A. Protection of stateless persons in the United States.'.
3405
STATELESS PERSONS IN THE UNITED STATES