Bill HR 3271

I don't know if it's any good for us!
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H.R.3271
Earned Legalization and Family Unification Act of 2003 (Introduced in House)

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SEC. 2. LEGALIZATION OF STATUS.

(a) IN GENERAL- Chapter 5 of title II of the Immigration and Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following new section:

`ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT WORKERS AND COLLEGE-BOUND STUDENTS TO THAT OF ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE

`SEC. 245B. (a) ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR CERTAIN WORKERS, SPOUSES, AND CHILDREN- The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:

`(1) TIMELY APPLICATION-

`(A) DURING APPLICATION PERIOD- Except as provided in subparagraph (B), the alien must apply for such adjustment during the 36-month period beginning on the date final regulations are issued to carry out this section.

`(B) INFORMATION INCLUDED IN APPLICATION- Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under section 204(a).

`(2) CONTINUOUS 5-YEAR RESIDENCE-

`(A) IN GENERAL- The alien must establish that the alien--

`(i) entered the United States before the date that is 5 years before the date of the enactment of this Act;

`(ii) has resided continuously in the United States during the 5-year period ending on the date of the enactment of this Act and through the date the application was filed under this subsection; and

`(iii) was in the United States on the date of the enactment of this Act in an unlawful status and has resided continuously in the United States in an unlawful status since such date and through the date the application was filed under this subsection.

`(B) NONIMMIGRANTS- In the case of an alien who entered the United States as a nonimmigrant before the date of the enactment of this Act, the alien must also establish that the alien's period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien's unlawful status was known to the Government as of such date.

`(C) EXCHANGE VISITORS- If the alien was at any time a nonimmigrant exchange alien (as defined in section 101(a)(15)(J)), the alien must establish that the alien was not subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a waiver thereof.

`(D) OTHER LAWFUL ALIENS- Notwithstanding any other provision of this paragraph, in the case of an alien who is in a lawful status, other than a nonimmigrant status, on the date of the enactment of this Act, the alien must establish that the alien has resided continuously in the United States in such status during the 5-year period ending on the date of the enactment of this Act.

`(3) CONTINUOUS PRESENCE SINCE ENACTMENT-

`(A) IN GENERAL- The alien must establish that the alien has been continuously present in the United States since the date of the enactment of this section.

`(B) TREATMENT OF BRIEF, CASUAL, AND INNOCENT ABSENCES- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subparagraph (A), or continuous residence in the United States for purposes of paragraph (2), by virtue of brief, casual, and innocent absences from the United States.

`(C) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.

`(4) ADMISSIBLE AS IMMIGRANT- The alien must establish that the alien--

`(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (e)(2);

`(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States;

`(C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion; and

`(D) is registered or registering under the Military Selective Service Act, if the alien is required to be so registered under that Act.

`(5) EMPLOYMENT IN UNITED STATES-

`(A) IN GENERAL- The alien must have been employed (whether or not lawfully) in the United States, in the aggregate, for at least 520 of the workdays occurring during the 5-year period ending on the date of the enactment of this Act.

`(B) EXCEPTION FOR ALIEN CHILDREN- Subparagraph (A) shall not apply to an individual under 23 years of age on the date on which the application was filed under this subsection.

`(C) EVIDENCE OF EMPLOYMENT- For purposes of satisfying the requirement of subparagraph (A), the alien may submit, among other evidence--

`(i) records maintained by the Commissioner of Social Security;

`(ii) other employment records;

`(iii) tax records;

`(iv) bank account records; and

`(v) attestations from community leaders, religious leaders, co-workers, or store owners.

`(D) BURDEN OF PROOF- An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of days (as required under subparagraph (A)). An alien can meet such burden of proof by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.

`(6) PAYMENT OF INCOME TAXES-

`(A) IN GENERAL- The alien must demonstrate the payment of all Federal and State income taxes owed for employment during the 3-year period preceding the date the application was filed under this subsection. The alien may satisfy such requirement through demonstrating that no such tax liability exists or through satisfaction of all outstanding liabilities (including through execution of a binding agreement to pay back taxes owing).

`(7) BASIC CITIZENSHIP SKILLS-

`(A) IN GENERAL- The alien must demonstrate that the alien either--

`(i) meets the requirements of section 312(a) (relating to minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States); or

`(ii) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and such a knowledge and understanding of the history and government of the United States.

`(B) EXCEPTIONS-

`(i) MANDATORY- The requirements of subparagraph (A) shall not apply to any person who is--

`(I) 65 years of age or older; or

`(II) unable because of physical or developmental disability or mental impairment to comply therewith.

`(ii) DISCRETIONARY- The Attorney General may, in his discretion, waive all or part of the requirements of subparagraph (A) in the case of an alien who is 50 years of age or older.

`(C) RELATION TO NATURALIZATION EXAMINATION- In accordance with regulations of the Attorney General, an alien who has demonstrated under subparagraph (A)(i) that the alien meets the requirements of section 312(a) may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III.

`(b) FAMILY UNIFICATION- An alien who, as of the date of filing an application under subsection (a), is the spouse or child of an alien who qualifies for adjustment of status under subsection (a) shall, if not otherwise entitled to such adjustment of status, be entitled to the same status if accompanying or following to join the spouse or parent if--

`(1) the spouse or child meets the requirements of subsection (a)(4); and

`(2) the spouse or child was included in the application information required under subsection (a)(1)(B).
 
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CONT....

`(c) ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR CERTAIN CHILDREN IN MIDDLE OR SECONDARY SCHOOL-

`(1) IN GENERAL- The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:

`(A) TIMELY APPLICATION-

`(i) AGE ON APPLICATION DATE- The alien must not have attained 25 years of age before the date on which the application for adjustment under this subsection was filed.

`(ii) OTHER REQUIREMENTS- The requirements of subparagraphs (A) and (B) of subsection (a)(1) shall apply to an application under this subsection.

`(B) CONTINUOUS PRESENCE-

`(i) IN GENERAL- The alien must establish that the alien was present in the United States on the date of the enactment of this section and has been present in the United States for a continuous period of not less than 5 years immediately preceding the date on which the application under subparagraph (A) was filed.

`(ii) TREATMENT OF BRIEF, CASUAL, AND INNOCENT ABSENCES- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of clause (i) by virtue of brief, casual, and innocent absences from the United States.

`(iii) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.

`(C) GOOD MORAL CHARACTER- The alien must demonstrate that the alien has been a person of good moral character during the 5 years immediately preceding the date on which the application under subparagraph (A) was filed.

`(D) STUDENT- The alien, at the time of application, must be enrolled at or above the 7th grade level in a school in the United States or be enrolled in, or actively pursuing admission to, an institution of higher education in the United States (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).

`(E) ADMISSIBLE AS IMMIGRANT- The alien must satisfy the requirements of subsection (a)(4).

`(2) NO DERIVATIVE RIGHT OF PARENTS- The parent of an alien who adjusts status pursuant to this subsection shall not be granted the same status by reason of accompanying or following to join unless otherwise entitled to such status.

`(d) APPLICATIONS FOR ADJUSTMENT OF STATUS-

`(1) TO WHOM MAY BE MADE- The Attorney General shall provide that applications for adjustment of status under this section may be filed--

`(A) with the Attorney General; or

`(B) with a qualified designated entity, but only if the applicant consents to the forwarding of the application to the Attorney General.

As used in this section, the term `qualified designated entity' means an organization or person designated under paragraph (2).

`(2) DESIGNATION OF QUALIFIED ENTITIES TO RECEIVE APPLICATIONS- For purposes of assisting in the program of legalization provided under this section, the Attorney General--

`(A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations; and

`(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 209 or 245, Public Law 89-732, or Public Law 95-145 (including qualified designated entities under section 245A).

`(3) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES- Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.

`(4) LIMITATION ON ACCESS TO INFORMATION- Files and records of qualified designated entities relating to an alien's seeking assistance or information with respect to filing an application under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien.

`(5) CONFIDENTIALITY OF INFORMATION-

`(A) IN GENERAL- Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may--

`(i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application for enforcement of paragraph (6), or for the preparation of reports to Congress under law;

`(ii) make any publication whereby the information furnished by any particular applicant can be identified; or

`(iii) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.

`(B) REQUIRED DISCLOSURES- The Attorney General shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).

`(C) AUTHORIZED DISCLOSURES- The Attorney General may provide, in the Attorney General's discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.

`(D) CONSTRUCTION-

`(i) IN GENERAL- Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.

`(ii) CRIMINAL CONVICTIONS- Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement purposes.

`(E) CRIME- Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.

`(6) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS- Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, 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 entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.

`(7) APPLICATION FEES-

`(A) FEE SCHEDULE- The Attorney General, in consultation with the Congress, shall provide for a schedule of fees to be charged for the filing of applications for adjustment under this section. Such fees may not exceed $100 per individual or $300 per family.

`(B) USE OF FEES- The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section.

`(e) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY-

`(1) NUMERICAL LIMITATIONS DO NOT APPLY- The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section.

`(2) WAIVER OF GROUNDS FOR INADMISSIBILITY- In the determination of an alien's admissibility under this section, the following provisions shall apply:

`(A) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 212(a) shall not apply.

`(B) WAIVER OF OTHER GROUNDS-

`(i) IN GENERAL- Except as provided in clause (ii), the Attorney General may waive any other provision of section 212(a) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

`(ii) GROUNDS THAT MAY NOT BE WAIVED- The following provisions of section 212(a) may not be waived by the Attorney General under clause (i):

`(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).

`(II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana.
 
sounds good, hopefully it doesn't mean you have to work 5 years before you can file a 485.....
 
Section 2(A)(iii)
.. was in the United States on the date of the enactment of this Act in an unlawful status and has resided continuously in the United States in an unlawful status since such date and through the date the application was filed under this subsection...


I want to change to unlawful status just b4 this bill is signed into law. Can some one suggest the easiest way of doing it (my current status is AOS) ...
:D
 
No point in getting excited.

This is still a bill. That too proposed by a democratic candidate, who is not in power. He should win the elections and assume office in early 2005 or may be late 2004. Then the bill has to be passed and then there should be regulations and then we can think about it. That itself will take about 5 years.:rolleyes:
 
The point i was trying to make was, it apprears that the bill is for people who are in unlawful status and not for us.
 
If this bill passes before BCIS backlog is cleared, we'll(everybody waiting) all be F****D for life. Think about the MILLIONS of ILLEGALS gonna file and get approved before us.

May be a good bill if BCIS efficiency goes up 100000000%. Otherwise, file and forget.

This bill is politically targetted towards illegals. By the time the employment based applicants (majority) would find this bill beneficial, all the jobs would move to some other country, like India etc...
 
`(D) OTHER LAWFUL ALIENS- Notwithstanding any other provision of this paragraph, in the case of an alien who is in a lawful status, other than a nonimmigrant status, on the date of the enactment of this Act, the alien must establish that the alien has resided continuously in the United States in such status during the 5-year period ending on the date of the enactment of this Act.
Click to expand...
Don't worry; if your AOS has been pending for 5 years then you will qualify under this bill.:D :rolleyes:
Actually I really don't know what this means.:confused:
 
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