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[Congressional Record: May 25, 2000 (Senate)]
[Page S4461-S4487]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr25my00-270]                         


                                 ______
                                 
      By Mr. GRAHAM (for himself and Mr. Smith of Oregon):
  S. 2668. A bill to amend the Immigration and Nationality Act to 
improve procedures for the adjustment of status of aliens, to reduce 
the backlog of family-sponsored aliens, and for other purposes; to the 
Committee on the Judiciary.


       family, work and immigrant integration amendments of 2000

 Mr. GRAHAM. Mr. President, I rise today to introduce 
bipartisan immigration legislation that will have a tremendous impact 
on thousands of families in the United States.
  I am very pleased to be working with my colleague, Gordon Smith of 
Oregon, on this effort.
  There are several reasons for the introduction of this legislation.
  1. It corrects past injustices.
  Many of the immigrants helped by this legislation have been active, 
productive, hard-working members of our community for many years.
  For example, the majority of Central Americans helped by this 
legislation have been in the United States since the early 1980s, when 
they fled tyranny and turmoil in their home countries.
  The were welcomed into our nation by President Ronald Reagan.
  These Central American nationals were made retroactively deportable 
by the 1996 immigration bill.
  This legislation provides a state option to help legal immigrant 
children get needed health care.
  The 1996 welfare bill deprived vulnerable, legal children from 
benefits.
  This change is good public policy, from a health care perspective, an 
immigration perspective and a humanitarian perspective.
  2. It is pro-family.
  This legislation will speed the process that reunites family members.
  It has been over ten years since the limits on family immigration 
were adjusted. This has resulted in waiting periods that could last 
years to bring immediate family members together.
  Spouses and children would have an easier time in obtaining visas to 
visit their loved ones through this legislation.
  In current practice, it is often very difficult to travel to visit 
legal residents in the United States while their immigration documents 
are pending--our legislation would ease the bureaucracy to allow 
families to be together for the events that shape their lives.
  3. It is pro-business.
  Congress has focused this session on increasing the number of high-
tech workers for U.S. companies. I have long been supportive of that 
proposal.
  Protections are in place for U.S. workers, and American business has 
the resources needed to keep our economy booming.
  This legislation is pro-business in two ways.
  It builds the pool of legal workers available by swifter family 
reunification.
  And it offers an avenue for those workers who are already here and 
working to remain here.
  They can stay here, and increase the productivity of our nation's 
businesses, or they can leave and work for foreign competitors.
  I want them to stay.
  Alan Greenspan agrees.
  He has said during a House Banking and Financial Services Committee 
meeting in July of last year:

       Aggregated demand is putting very significant pressures on 
     an ever-decreasing supply of unemployed labor. The one 
     obvious means that we can use to offset that is expanding the 
     number of people we allow in. . . . I think in reviewing our 
     immigration laws in the context of the type of economy which 
     we will be enjoying in the decade ahead is clearly on the 
     table. . . .
     4. Its omnibus nature allows groups to work together toward a 
         common goal
  All sides win in this equation.
  Families. Children. Business. Our economy
  By combining forces, groups that care about these issues can work 
together toward a comprehensive, prudent, rational immigration policy.
  These coalitions are already being built.
  I would like to submit a letter from May 16, 2000 from Jack Kemp, 
Henry Cisneros, and a wide range of business, religious, labor and 
immigrant advocacy groups endorsing components of this legislation.
  This is a wonderful example of groups at the national and local level 
coalescing together around pro-family, pro-business, pro-justice 
ideals.
  Our current immigration debates have had the negative effect of 
pitting one segment of our society against another, and pitting one 
nationality against another.
  In the past . . . the debate has been if businesses get more workers, 
family reunification will suffer.
  Nicaraguans and Cubans receive a swifter and more generous 
immigration status than similarly situated Central American and 
Caribbean nationals.
  No one wins if these divides remain.
  All of us win if we can work together and strengthen our nation by 
correcting past injustices, reuniting families and providing American 
businesses with the workers they desperately need.
  I urge my colleagues to support this measure.
  Since the bill covers many issues, I would like to submit a summary 
of the legislation for the Record along with the test and a supporting 
letter.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2668

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family, Work and Immigrant 
     Integration Amendments of 2000''.

              TITLE I--CENTRAL AMERICAN AND HAITIAN PARITY

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Central American and 
     Haitian Parity Act of 2000''.

     SEC. 102. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL 
                   SALVADOR, GUATEMALA, HONDURAS, AND HAITI.

       Section 202 of the Nicaraguan Adjustment and Central 
     American Relief Act is amended--
       (1) in the section heading, by striking ``Nicaraguans and 
     Cubans'' and inserting ``Nicaraguans, Cubans, Salvadorans, 
     Guatemalans, Hondurans, and Haitians'';
       (2) in subsection (a)(1)(A), by striking ``2000'' and 
     inserting ``2003'';
       (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, 
     Honduras, or Haiti''; and
       (4) in subsection (d)--
       (A) in subparagraph (A), by striking ``Nicaragua or Cuba'' 
     and inserting ``Nicaragua, Cuba, El Salvador, Guatamala, 
     Honduras, or Haiti; and
       (B) in subparagraph (E), by striking ``2000'' and inserting 
     ``2003''.

     SEC. 103. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY 
                   SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND 
                   CENTRAL AMERICAN RELIEF ACT.

       An application for relief properly filed by a national of 
     Guatemala or El Salvador under

[[Page S4482]]

     the amendments made by section 203 of the Nicaraguan 
     Adjustment and Central American Relief Act which was filed on 
     or before the date of enactment of this Act, and on which a 
     final administrative determination has not been made, shall, 
     at the election of the applicant, be considered to be an 
     application for adjustment of status under the provisions of 
     section 202 of the Nicaraguan Adjustment and Central American 
     Relief Act, as amended by section 402 of this Act, upon the 
     payment of any fees, and in accordance with procedures, that 
     the Attorney General shall prescribe by regulation. The 
     Attorney General may not refund any fees paid in connection 
     with an application filed by a national of Guatemala or El 
     Salvador under the amendments made by section 203 of that 
     Act.

     SEC. 104. APPLICATIONS PENDING UNDER THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       An application for adjustment of status properly filed by a 
     national of Haiti under the Haitian Refugee Immigration 
     Fairness Act of 1998 which was filed on or before the date of 
     enactment of this Act, and on which a final administrative 
     determination has not been made, may be considered by the 
     Attorney General, in the unreviewable discretion of the 
     Attorney General, to also constitute an application for 
     adjustment of status under the provisions of section 202 of 
     the Nicaraguan Adjustment and Central American Relief Act, as 
     amended by section 402 of this Act.

     SEC. 105. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT 
                   AND CENTRAL AMERICAN RELIEF ACT.

       (a) In General.--Section 202 of the Nicaraguan Adjustment 
     and Central American Relief Act is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may, in 
     the unreviewable discretion of the Attorney General, waive 
     the grounds of inadmissibility specified in section 212(a)(1) 
     (A)(i) and (6)(C) of such Act for humanitarian purposes, to 
     assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, the provisions of section 
     241(a)(5) of the Immigration and Nationality Act shall not 
     apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, or removed, or ordered to depart 
     voluntarily from the United States under any provision of the 
     Immigration and Nationality Act may, notwithstanding such 
     order, apply for adjustment of status under paragraph (1). 
     Such an alien may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order. Such an 
     alien may be required to seek a stay of such an order in 
     accordance with subsection (c) to prevent the execution of 
     that order pending the adjudication of the application for 
     adjustment of status. If the Attorney General denies a stay 
     of a final order of exclusion, deportation, or removal, or if 
     the Attorney General renders a final administrative 
     determination to deny the application for adjustment of 
     status, the order shall be effective and enforceable to the 
     same extent as if the application had not been made. If the 
     Attorney General grants the application for adjustment of 
     status, the Attorney General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for relief under that subsection in deportation 
     or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act requires the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--
       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A) to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 1999;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 1999; and
       ``(ii) in the case of''; and
       (E) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1) (B) and (1) 
     (D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications 
     for adjustment of status under subsection (a) have been 
     approved. Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence''; and
       (6) by adding at the end the following new subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Nicaraguan and Central American Relief Act. 
     The amendments made by paragraphs (1) (A)-(C), (3), (4), and 
     (5) shall take effect on the date of enactment of this Act.

     SEC. 106. TECHNICAL AMENDMENTS TO THE HAITIAN REFUGEE 
                   IMMIGRATION FAIRNESS ACT OF 1998.

       (a) In General.--Section 902 of the Haitian Refugee 
     Immigration Fairness Act of 1998 is amended--
       (1) in subsection (a)--
       (A) by inserting before the period at the end of paragraph 
     (1)(B) the following: ``, and the Attorney General may waive 
     the grounds of inadmissibility specified in section 212(a) 
     (1)(A)(i) and (6)(C) of such Act for humanitarian purposes, 
     to assure family unity, or when it is otherwise in the public 
     interest'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Inapplicability of certain provisions.--In 
     determining the eligibility of an alien described in 
     subsection (b) or (d) for either adjustment of status under 
     this section or other relief necessary to establish 
     eligibility for such adjustment, or for permission to reapply 
     for admission to the United States for the purpose of 
     adjustment of status under this section, the provisions of 
     section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply. In addition, an alien who would otherwise be 
     inadmissible pursuant to section 212(a)(9) (A) or (C) of such 
     Act may apply for the Attorney General's consent to reapply 
     for admission without regard to the requirement that the 
     consent be granted prior to the date of the alien's 
     reembarkation at a place outside the United States or attempt 
     to be admitted from foreign contiguous territory, in order to 
     qualify for the exception to those grounds of inadmissibility 
     set forth in section 212(a)(9) (A)(iii) and (C)(ii) of such 
     Act.''; and
       (D) by amending paragraph (3) (as redesignated by 
     subparagraph (B)) to read as follows:
       ``(3) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1). Such an alien 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order. Such an alien may be 
     required to seek a stay of such an order in accordance with 
     subsection (c) to prevent the execution of that order pending 
     the adjudication of the application for adjustment of status. 
     If the Attorney General denies a stay of a final order of 
     exclusion, deportation, or removal, or if the Attorney 
     General renders a final administrative determination to deny 
     the application for adjustment of status, the order shall be 
     effective and enforceable to the same extent as if the

[[Page S4483]]

     application had not been made. If the Attorney General grants 
     the application for adjustment of status, the Attorney 
     General shall cancel the order.'';
       (2) in subsection (b)(1), by adding at the end the 
     following: ``Subsection (a) shall not apply to an alien 
     lawfully admitted for permanent residence, unless the alien 
     is applying for such relief under that subsection in 
     deportation or removal proceedings.'';
       (3) in subsection (c)(1), by adding at the end the 
     following: ``Nothing in this Act shall require the Attorney 
     General to stay the removal of an alien who is ineligible for 
     adjustment of status under this Act.'';
       (4) in subsection (d)--
       (A) by amending the subsection heading to read as follows: 
     ``Spouses, Children, and Unmarried Sons and Daughters.--'';
       (B) by amending the heading of paragraph (1) to read as 
     follows: ``Adjustment of status.--'';
       (C) by amending paragraph (1)(A), to read as follows:
       ``(A) the alien entered the United States on or before the 
     date of enactment of the Central American and Haitian Parity 
     Act of 1999;'';
       (D) in paragraph (1)(B), by striking ``except that in the 
     case of'' and inserting the following: ``except that--
       ``(i) in the case of such a spouse, stepchild, or unmarried 
     stepson or stepdaughter, the qualifying marriage was entered 
     into before the date of enactment of the Central American and 
     Haitian Parity Act of 1999; and
       ``(ii) in the case of'';
       (E) by adding at the end of paragraph (1) the following new 
     subparagraph:
       ``(E) the alien applies for such adjustment before April 3, 
     2003.''; and
       (F) by adding at the end the following new paragraph:
       ``(3) Eligibility of certain spouses and children for 
     issuance of immigrant visas.--
       ``(A) In general.--In accordance with regulations to be 
     promulgated by the Attorney General and the Secretary of 
     State, upon approval of an application for adjustment of 
     status to that of an alien lawfully admitted for permanent 
     residence under subsection (a), an alien who is the spouse or 
     child of the alien being granted such status may be issued a 
     visa for admission to the United States as an immigrant 
     following to join the principal applicant, if the spouse or 
     child--
       ``(i) meets the requirements in paragraphs (1)(B) and 
     (1)(D); and
       ``(ii) applies for such a visa within a time period to be 
     established by such regulations.
       ``(B) Retention of fees for processing applications.--The 
     Secretary of State may retain fees to recover the cost of 
     immigrant visa application processing and issuance for 
     certain spouses and children of aliens whose applications for 
     adjustment of status under subsection (a) have been approved. 
     Such fees--
       ``(i) shall be deposited as an offsetting collection to any 
     Department of State appropriation to recover the cost of such 
     processing and issuance; and
       ``(ii) shall be available until expended for the same 
     purposes of such appropriation to support consular 
     activities.'';
       (5) in subsection (g), by inserting ``, or an immigrant 
     classification,'' after ``for permanent residence'';
       (6) by redesignating subsections (i), (j), and (k) as 
     subsections (j), (k), and (l), respectively; and
       (7) by inserting after subsection (h) the following new 
     subsection:
       ``(i) Statutory Construction.--Nothing in this section 
     authorizes any alien to apply for admission to, be admitted 
     to, be paroled into, or otherwise lawfully return to the 
     United States, to apply for, or to pursue an application for 
     adjustment of status under this section without the express 
     authorization of the Attorney General.''.
       (b) Effective Date.--The amendments made by paragraphs 
     (1)(D), (2), and (6) shall be effective as if included in the 
     enactment of the Haitian Refugee Immigration Fairness Act of 
     1998. The amendments made by paragraphs (1) (A)-(C), (3), 
     (4), and (5) shall take effect on the date of enactment of 
     this Act.

     SEC. 107. MOTIONS TO REOPEN.

       (a) Nationals of Haiti.--Notwithstanding any time and 
     number limitations imposed by law on motions to reopen, a 
     national of Haiti who, on the date of enactment of this Act, 
     has a final administrative denial of an application for 
     adjustment of status under the Haitian Refugee Immigration 
     Fairness Act of 1998, and is made eligible for adjustment of 
     status under that Act by the amendments made by this title, 
     may file one motion to reopen an exclusion, deportation, or 
     removal proceeding to have the application reconsidered. Any 
     such motion shall be filed within 180 days of the date of 
     enactment of this Act. The scope of any proceeding reopened 
     on this basis shall be limited to a determination of the 
     alien's eligibility for adjustment of status under the 
     Haitian Refugee Immigration Fairness Act of 1998.
       (b) Nationals of Cuba.--Notwithstanding any time and number 
     limitations imposed by law on motions to reopen, a national 
     of Cuba or Nicaragua who, on the date of enactment of the 
     Act, has a final administrative denial of an application for 
     adjustment of status under the Nicaraguan Adjustment and 
     Central American Relief Act, and who is made eligible for 
     adjustment of status under that Act by the amendments made by 
     this title, may file one motion to reopen an exclusion, 
     deportation, or removal proceeding to have the application 
     reconsidered. Any such motion shall be filed within 180 days 
     of the date of enactment of this Act. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for adjustment of 
     status under the Nicaraguan Adjustment and Central American 
     Relief Act.

 TITLE II--FILING DEADLINES FOR ADJUSTMENT OF STATUS OF CERTAIN CUBAN, 
                   NICARAGUAN, AND HAITIAN NATIONALS

     SEC. 201. EXTENSION OF FILING DEADLINES FOR APPLICATIONS FOR 
                   ADJUSTMENT OF STATUS OF CERTAIN CUBAN, 
                   NICARAGUAN, AND HAITIAN NATIONALS.

       (a) Nicaraguan Adjustment and Central American Relief 
     Act.--Notwithstanding the expiration of the application 
     filing deadline in section 202(a)(1) of the Nicaraguan 
     Adjustment and Central American Relief Act (as contained in 
     Public Law 105-100; 8 U.S.C. 1255 note), a Cuban or 
     Nicaraguan national who is otherwise eligible for adjustment 
     of status under that section may apply for that status 
     through the date that is one year after the date of 
     promulgation by the Attorney General of final regulations for 
     the implementation of that section.
       (b) Haitian Refugee Immigration Fairness Act.--
     Notwithstanding the expiration of the application filing 
     deadline in section 902(a) of the Haitian Refugee Immigration 
     Fairness Act of 1998 (as added by section 101(h) of division 
     A of Public Law 105-277), a Haitian national who is otherwise 
     eligible for adjustment of status under that section may 
     apply for that status through the date that is one year after 
     the date of promulgation by the Attorney General of final 
     regulations for the implementation of that section.
            TITLE III--LIBERIAN REFUGEE IMMIGRATION FAIRNESS

     SEC. 301. SHORT TITLE.

       This title may be referred to as the ``Liberian Refugee 
     Immigration Fairness Act of 2000''.

     SEC. 302. ADJUSTMENT OF STATUS.

       (a) Adjustment of Status.--
       (1) In general.--
       (A) Eligibility.--The Attorney General shall adjust the 
     status of an alien described in subsection (b) to that of an 
     alien lawfully admitted for permanent residence, if the 
     alien--
       (i) applies for adjustment before April 1, 2004; and
       (ii) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except that, in determining such admissibility, 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), and (7)(A) of section 212(a) of the Immigration 
     and Nationality Act shall not apply.
       (B) Ineligible aliens.--An alien shall not be eligible for 
     adjustment of status under this section if the Attorney 
     General finds that the alien has been convicted of--
       (i) any aggravated felony (as defined in section 101(a)(43) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)); or
       (ii) two or more crimes involving moral turpitude.
       (2) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of the Immigration 
     and Nationality Act may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1), if otherwise 
     qualified under that paragraph. Such an alien may not be 
     required, as a condition on submitting or granting such 
     application, to file a separate motion to reopen, reconsider, 
     or vacate such order. If the Attorney General grants the 
     application, the Attorney General shall cancel the order. If 
     the Attorney General makes a final decision to deny the 
     application, the order shall be effective and enforceable to 
     the same extent as if the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--
       (1) In general.--The benefits provided by subsection (a) 
     shall apply to any alien--
       (A) who is--
       (i) a national of Liberia; and
       (ii) has been continuously present in the United States 
     from January 1, 1999, through the date of application under 
     subsection (a); or
       (B) who is the spouse, child, or unmarried son or daughter 
     of an alien described in subparagraph (A).
       (2) Determination of continuous physical presence.--For 
     purposes of establishing the period of continuous physical 
     presence referred to in paragraph (1), an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reasons of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days.
       (c) Stay of Removal.--
       (1) In general.--The Attorney General shall provide by 
     regulation for an alien who is subject to a final order of 
     deportation or removal or exclusion to seek a stay of such 
     order based on the filing of an application under subsection 
     (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Attorney General shall not order an alien to be removed from 
     the United States if the alien is in exclusion, deportation, 
     or removal proceedings

[[Page S4484]]

     under any provision of such Act and has applied for 
     adjustment of status under subsection (a), except where the 
     Attorney General has made a final determination to deny the 
     application.
       (3) Work authorization.--The Attorney General may authorize 
     an alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application and may provide the 
     alien with an ``employment authorized'' endorsement or other 
     appropriate document signifying authorization of employment, 
     except that, if such application is pending for a period 
     exceeding 180 days and has not been denied, the Attorney 
     General shall authorize such employment.
       (d) Record of Permanent Residence.--Upon approval of an 
     alien's application for adjustment of status under subsection 
     (a), the Attorney General shall establish a record of the 
     alien's admission for permanent record as of the date of the 
     alien's arrival in the United States.
       (e) Availability of Administrative Review.--The Attorney 
     General shall provide to applicants for adjustment of status 
     under subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act; or
       (2) aliens subject to removal proceedings under section 240 
     of such Act.
       (f) Limitation on Judicial Review.--A determination by the 
     Attorney General as to whether the status of any alien should 
     be adjusted under this section is final and shall not be 
     subject to review by any court.
       (g) No Offset in Number of Visas Available.--Whenever an 
     alien is granted the status of having been lawfully admitted 
     for permanent residence pursuant to this section, the 
     Secretary of State shall not be required to reduce the number 
     of immigrant visas authorized to be issued under any 
     provision of the Immigration and Nationality Act.
       (h) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions contained in the Immigration and 
     Nationality Act shall apply in the administration of this 
     section. Nothing contained in this title shall be held to 
     repeal, amend, alter, modify, effect, or restrict the powers, 
     duties, function, or authority of the Attorney General in the 
     administration and enforcement of such Act or any other law 
     relating to immigration, nationality, or naturalization. The 
     fact that an alien may be eligible to be granted the status 
     of having been lawfully admitted for permanent residence 
     under this section shall not preclude the alien from seeking 
     such status under any other provision of law for which the 
     alien may be eligible.

    TITLE IV--INCREASED FLEXIBILITY IN EMPLOYMENT-BASED IMMIGRATION

     SEC. ____401. LIMITATION ON PER COUNTRY CEILING WITH RESPECT 
                   TO EMPLOYMENT-BASED IMMIGRANTS.

       (a) Special Rules.--Section 202(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1152(a)) is amended by adding at 
     the end the following new paragraph:
       ``(5) Rules for employment-based immigrants.--
       ``(A) Employment-based immigrants not subject to per 
     country limitation if additional visas available.--If the 
     total number of visas available under paragraph (1), (2), 
     (3), (4), or (5) of section 203(b) for a calendar quarter 
     exceeds the number of qualified immigrants who may otherwise 
     be issued such visas, the visas made available under that 
     paragraph shall be issued without regard to the numerical 
     limitation under paragraph (2) of this subsection during the 
     remainder of the calendar quarter.
       ``(B) Limiting fall across for certain countries subject to 
     subsection (e).--In the case of a foreign state or dependent 
     area to which subsection (e) applies, if the total number of 
     visas issued under section 203(b) exceeds the maximum number 
     of visas that may be made available to immigrants of the 
     state or area under section 203(b) consistent with subsection 
     (e) (determined without regard to this paragraph), in 
     applying subsection (e) all visas shall be deemed to have 
     been required for the classes of aliens specified in section 
     203(b).''.
       (b) Conforming Amendments.--
       (1) Section 202(a)(2) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(a)(2)) is amended by striking ``paragraphs 
     (3) and (4)'' and inserting ``paragraphs (3), (4), and (5)''.
       (2) Section 202(e)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1152(e)(3)) is amended by striking ``the 
     proportion of the visa numbers'' and inserting ``except as 
     provided in subsection (a)(5), the proportion of the visa 
     numbers''.
       (c) One-Time Protection Under Per Country Ceiling.--
     Notwithstanding section 214(g)(4) of the Immigration and 
     Nationality Act, any alien who--
       (1) is the beneficiary of a petition filed under section 
     204(a) for a preference status under paragraph (1), (2), or 
     (3) of section 203(b); and
       (2) is eligible to be granted that status but for 
     application of the per country limitations applicable to 
     immigrants under those paragraphs,
     may apply for, and the Attorney General may grant, an 
     extension of such nonimmigrant status until the alien's 
     application for adjustment of status has been processed and a 
     decision made thereon.

     SEC. ____402. INCREASED PORTABILITY OF H-1B STATUS.

       (a) In General.--Section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) is amended by adding at the 
     end the following new subsection:
       ``(m)(1) A nonimmigrant alien described in paragraph (2) 
     who was previously issued a visa or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(i)(b) is 
     authorized to accept new employment upon the filing by the 
     prospective employer of a new petition on behalf of 
     such nonimmigrant as provided under subsection (a). 
     Employment authorization shall continue for such alien 
     until the new petition is adjudicated. If the new petition 
     is denied, such authorization shall cease.
       ``(2) A nonimmigrant alien described in this paragraph is a 
     nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment before the date of expiration of 
     the period of stay authorized by the Attorney General; and
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States 
     before the filing of such petition.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to petitions filed before, on, or after the date 
     of enactment of this Act.

     SEC. ____403. SPECIAL PROVISIONS IN CASES OF LENGTHY 
                   ADJUDICATIONS.

       (a) Exemption From Limitation.--The limitation contained in 
     section 214(g)(4) of the Immigration and Nationality Act with 
     respect to the duration of authorized stay shall not apply to 
     any nonimmigrant alien previously issued a visa or otherwise 
     provided nonimmigrant status under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act on 
     whose behalf a petition under section 204(b) to accord the 
     alien immigrant status under section 203(b), or an 
     application for adjustment of status under section 245 to 
     accord the alien status under section 203(b), has been filed, 
     if 365 days or more have elapsed since--
       (1) the filing of a labor certification application on the 
     alien's behalf (if such certification is required for the 
     alien to obtain status under section 203(b)); or
       (2) the filing of the petition under section 204(b).
       (b) Extension of H1-B Worker Status.--The Attorney General 
     shall extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in one-year increments until 
     such time as a final decision is made on the alien's lawful 
     permanent residence.
       (c) Increased Job Flexibility for Long Delayed Applicants 
     for Adjustment of Status.--
       (1) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended by adding at the end the following 
     new subsection:
       ``(j) Job Flexibility for Long Delayed Applicants for 
     Adjustment of Status to Permanent Residence.--A petition 
     under subsection (a)(1)(D) for an individual whose 
     application for adjustment of status pursuant to section 245 
     has been filed and remained unadjudicated for 180 days or 
     more shall remain valid with respect to a new job if the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the petition was filed.''.
       (2) Section 212(a)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end 
     the following new clause:
       ``(iv) Long delayed adjustment applicants.--A certification 
     made under clause (i) with respect to an individual whose 
     petition is covered by section 204(j) shall remain valid with 
     respect to a new job accepted by the individual after the 
     individual changes jobs or employers if the new job is in the 
     same or a similar occupational classification as the job for 
     which the certification was issued.''.
       (d) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Notwithstanding any other provision of 
     law, the number of employment-based visas (as defined in 
     paragraph (3)) made available for a fiscal year (beginning 
     with fiscal year 2001) shall be increased by the number 
     described in paragraph (2). Visas made available under this 
     subsection shall only be available in a fiscal year to 
     employment-based immigrants under paragraph (1), (2), or (3) 
     of section 203(b) of the Immigration and Nationality Act.
       (2) Number available.--
       (A) In general.--Subject to subparagraph (B), the number 
     described in this paragraph is the difference between the 
     number of employment-based visas that were made available in 
     fiscal year 1999 and 2000 and the number of such visas that 
     were actually used in such fiscal years.
       (B) Reduction.--The number described in subparagraph (A) 
     shall be reduced, for each fiscal year after fiscal year 
     2001, by the cumulative number of immigrant visas made 
     available under paragraph (1) for previous fiscal years.
       (C) Construction.--Nothing in this paragraph shall be 
     construed as affecting the application of section 
     201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 
     1151(c)(3)(C)).
       (3) Employment-based visas defined.--For purposes of this 
     subsection, the term ``employment-based visa'' means an 
     immigrant

[[Page S4485]]

     visa which is issued pursuant to the numerical limitation 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)).

                 TITLE V--RESTORATION OF SECTION 245(i)

     SEC. 501. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR 
                   ADJUSTMENT OF STATUS UNDER SECTION 245(I).

       (a) In General.--Section 245(i)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking 
     ``(i)(1)'' through ``The Attorney General'' and inserting the 
     following:
       ``(i)(1) Notwithstanding the provisions of subsections (a) 
     and (c) of this section, an alien physically present in the 
     United States who--
       ``(A) entered the United States without inspection; or
       ``(B) is within one of the classes enumerated in subsection 
     (c) of this section;
     may apply to the Attorney General for the adjustment of his 
     or her status to that of an alien lawfully admitted for 
     permanent residence. The Attorney General''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in the enactment of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1998 (Public Law 
     105-119; 111 Stat. 2440).

                        TITLE VI--REGISTRY DATES

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Date of Registry Act of 
     2000''.

     SEC. 602. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE 
                   CASE OF CERTAIN ALIENS.

       (a) In General.--Section 249 of the Immigration and 
     Nationality Act (8 U.S.C. 1259) is amended--
       (1) in subsection (a), by striking ``January 1, 1972'' and 
     inserting ``January 1, 1986''; and
       (2) by striking ``january 1, 1972'' in the heading and 
     inserting ``january 1, 1986''.
       (b) Effective Dates.--
       (1) General rule.--The amendments made by subsection (a) 
     shall take effect on the date of enactment of this Act.
       (2) Extension of date of registry.--
       (A) Period beginning january 1, 2002.--Beginning on January 
     1, 2002, section 249 of the Immigration and Nationality Act 
     (8 U.S.C. 1259) is amended by striking ``January 1, 1986'' 
     each place it appears and inserting ``January 1, 1987''.
       (B) Period beginning january 1, 2003.--Beginning on January 
     1, 2003, section 249 of such Act is amended by striking 
     ``January 1, 1987'' each place it appears and inserting 
     ``January 1, 1988''.
       (C) Period beginning january 1, 2004.--Beginning on January 
     1, 2004, section 249 of such Act is amended by striking 
     ``January 1, 1988'' each place it appears and inserting 
     ``January 1, 1989''.
       (D) Period beginning january 1, 2005.--Beginning on January 
     1, 2005, section 249 of such Act is amended by striking 
     ``January 1, 1989'' each place it appears and inserting 
     ``January 1, 1990''.
       (E) Period beginning january 1, 2006.--Beginning on January 
     1, 2006, section 249 of such Act is amended by striking 
     ``January 1, 1990'' each place it appears and inserting 
     ``January 1, 1991''.
      TITLE VII--BACKLOG REDUCTION FOR FAMILY-SPONSORED IMMIGRANTS

     SEC. 701. FAMILY BACKLOG REDUCTION.

       (a) Worldwide Level of Family-Sponsored Immigrants.--
     Notwithstanding section 201(a)(1) of the Immigration and 
     Nationality Act, the number of aliens who may be issued 
     immigrant visas or who may otherwise acquire the status of an 
     alien lawfully admitted for permanent residence as a family-
     sponsored immigrant described in section 203(a) of such Act 
     (or who are admitted under section 211(a) of such Act on the 
     basis of a prior issuance of a visa to their accompanying 
     parent under such section 203(a)) in any fiscal year is 
     limited to--
       (1) the number provided for in section 201(a)(1) of such 
     Act, plus
       (2) 200,000 for fiscal year 2001 and each fiscal year 
     thereafter.
       (b) Per Country Levels for Family-Sponsored Immigrants.--
     (1) Notwithstanding section 202(a)(2) of the Immigration and 
     Nationality Act, the total number of immigrant visas made 
     available to natives of any single foreign state or dependent 
     area under subsections (a) and (b) of section 203 of that Act 
     in any fiscal year may not exceed the sum of--
       (A) the number specified in section 202(a)(2) of that Act, 
     plus
       (B) the number computed under paragraph (2).
       (2) The number computed under this paragraph is--
       (A) 33 percent of the number computed under section 
     202(a)(2) of that Act for each of fiscal years 2001, 2002, 
     2003, 2004, and 2005, or
       (B) 25 percent of the number computed under section 
     202(a)(2) for each fiscal year thereafter.
       (c) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to the Department of Justice 
     and the Department of State such sums as may be necessary to 
     provide for the additional visa issuances and admissions 
     authorized under subsection (a).
       (2) There are authorized to be appropriated to the 
     Department of Justice such sums as may be necessary to 
     process backlog adjudications of the Immigration and 
     Naturalization Service.

                 TITLE VIII--ALIEN CHILDREN PROTECTION

     SEC. 801. SHORT TITLE.

       This Act may be cited as the ``Alien Children Protection 
     Act of 2000''.

     SEC. 802. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF 
                   ALIEN CHILDREN.

       (a) In General.--Except as provided in subsection (b), in 
     the case of any alien under 18 years of age who is awaiting 
     final adjudication of the alien's immigration status and who 
     does not have a parent, guardian, or relative in the United 
     States into whose custody the alien may be released, the 
     Attorney General shall place such alien in a facility 
     appropriate for children not later than 72 hours after the 
     Attorney General has taken custody of the alien.
       (b) Exception.--The provisions of subsection (a) do not 
     apply to any alien under 18 years of age who the Attorney 
     General finds has engaged in delinquent behavior, is an 
     escape risk, or has a security need greater than that 
     provided in a facility appropriate for children.
       (c) Definition.--In this section, the term ``facility 
     appropriate for children'' means a facility, such as foster 
     care or group homes, operated by a private nonprofit 
     organization, or by a local governmental entity, with 
     experience and expertise in providing for the legal, 
     psychological, educational, physical, social, nutritional, 
     and health requirements of children. The term ``facility 
     appropriate for children'' does not include any facility used 
     primarily to house adults or delinquent minors.

     SEC. 803. ADJUSTMENT TO PERMANENT RESIDENT STATUS.

       Section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) is amended by adding at the end the following:
       ``(l)(1) The Attorney General may, in the Attorney 
     General's discretion, adjust the status of an alien under 18 
     years of age who has no lawful immigration status in the 
     United States to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A)(i) the alien (or a parent or legal guardian acting on 
     the alien's behalf) has applied for the status; and
       ``(ii) the alien has resided in the United States for a 
     period of 5 consecutive years; or
       ``(B)(i) no parent or legal guardian requests the alien's 
     return to the country of the parent's or guardian's domicile, 
     or with respect to whom the Attorney General finds that 
     returning the child to his or her country of origin would 
     subject the child to mental or physical abuse; and
       ``(ii) the Attorney General determines that it is in the 
     best interests of the alien to remain in the United States 
     notwithstanding the fact that the alien is not eligible for 
     asylum protection under section 208 or protection under 
     section 101(a)(27)(J).
       ``(2) The Attorney General shall make a determination under 
     paragraph (1)(B)(ii) based on input from a person or entity 
     that is not employed by or a part of the Service and that is 
     qualified to evaluate children and opine as to what is in 
     their best interest in a given situation.
       ``(3) Upon the approval of adjustment of status of an alien 
     under paragraph (1), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval, and the Secretary of State shall 
     reduce by one the number of visas authorized to be issued 
     under sections 201(d) and 203(b)(4) for the fiscal year then 
     current.
       ``(4) Not more than 500 aliens may be granted permanent 
     resident status under this subsection in any fiscal year.''.

     SEC. 804. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.

       (a) Assignment.--Whenever a covered alien is a party to an 
     immigration proceeding, the Attorney General shall assign 
     such covered alien a child welfare professional or other 
     individual who has received training in child welfare matters 
     and who is recognized by the Attorney General as being 
     qualified to serve as a guardian ad litem (in this section 
     referred to as the ``guardian''). The guardian shall not be 
     an employee of the Immigration and Naturalization Service.
       (b) Responsibilities.--The guardian shall ensure that--
       (1) the covered alien's best interests are promoted while 
     the covered alien participates in, or is subject to, the 
     immigration proceeding; and
       (2) the covered alien understands the proceeding.
       (c) Requirements on the Attorney General.--The Attorney 
     General shall serve notice of all matters affecting a covered 
     alien's immigration status (including all papers filed in an 
     immigration proceeding) on the covered alien's guardian.
       (d) Definition.--In this section, the term ``covered 
     alien'' means an alien--
       (1) who is under 18 years of age;
       (2) who has no lawful immigration status in the United 
     States and is not within the physical custody of a parent or 
     legal guardian; and
       (3) whom no parent or legal guardian requests the person's 
     return to the country of the parent's or guardian's domicile 
     or with respect to whom the Attorney General finds that 
     returning the child to his or her country of origin would 
     subject the child to physical or mental abuse.

     SEC. 805. SENSE OF CONGRESS.

       Congress commends the Immigration and Naturalization 
     Service for its issuance of its

[[Page S4486]]

     ``Guidelines for Children's Asylum Claims'', dated December 
     1998, and encourages and supports the Service's 
     implementation of such guidelines in an effort to facilitate 
     the handling of children's asylum claims.

     SEC. 806. GENERAL ACCOUNTING OFFICE REPORT.

       The Comptroller General of the United States shall prepare 
     a report to Congress regarding whether and to what extent 
     United States Embassy and consular officials are fulfilling 
     their obligation to reunify, on a priority basis, children in 
     foreign countries whose parent or parents are legally present 
     in the United States.
                     TITLE IX--BENEFITS RESTORATION

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Immigrant Children's 
     Health Improvement Act of 2000''.

     SEC. 902. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT 
                   WOMEN AND CHILDREN FOR MEDICAID.

       (a) In General.--Subtitle A of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1611-1614) is amended by adding at the end the 
     following:

     ``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR 
                   MEDICAID.

       ``(a) Optional Medicaid Eligibility for Certain Aliens.--A 
     State may elect to waive (through an amendment to its State 
     plan under title XIX of the Social Security Act) the 
     application of sections 401(a), 402(b), 403, and 421 with 
     respect to eligibility for medical assistance under the 
     program defined in section 402(b)(3)(C) (relating to the 
     medicaid program) of aliens who are lawfully residing in the 
     United States (including battered aliens described in section 
     431(c)), within any or all (or any combination) of the 
     following categories of individuals:
       ``(1) Pregnant women.--Women during pregnancy (and during 
     the 60-day period beginning on the last day of the 
     pregnancy).
       ``(2) Children.--Children (as defined under such plan), 
     including optional targeted low-income children described in 
     section 1905(u)(2)(B).''.
       (b) Applicability of Affidavits of Support.--Section 
     213A(a) of the Immigration and Nationality Act (8 U.S.C. 
     1183a(a)) is amended by adding at the end the following:
       ``(4) Inapplicability to benefits provided under a state 
     waiver.--For purposes of this section, the term `means-tested 
     public benefits' does not include benefits provided pursuant 
     to a State election and waiver described in section 405 of 
     the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996.''.
       (c) Conforming Amendments.--
       (1) Section 401(a) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is 
     amended by inserting ``and section 405'' after ``subsection 
     (b)''.
       (2) Section 402(b)(1) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(b)(1)) is amended by inserting ``, section 405,'' after 
     ``403''.
       (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is 
     amended by inserting ``section 405 and'' after ``provided 
     in''.
       (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is 
     amended by inserting ``except as provided in section 405,'' 
     after ``Notwithstanding any other provision of law,''.
       (5) Section 1903(v)(1) of the Social Security Act (42 
     U.S.C. 1396b(v)(1)) is amended by inserting ``and except as 
     permitted under a waiver described in section 405(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996,'' after ``paragraph (2),''.
       (d) Effective Date.--The amendments made by this section 
     take effect on October 1, 1999.

     SEC. 903. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR 
                   SCHIP.

       (a) In General.--Section 405 of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996, as added by 
     section 102(a), is further amended--
       (1) in the heading, by inserting ``AND SCHIP'' before the 
     period; and
     Under that section may apply for that status through the date 
     that is one year after the date of promulgation by the 
     Attorney General of final regulations for the implementation 
     of that section.
  TITLE X--ADMISSION OF SPOUSES AND CHILDREN OF CERTAIN NONIMMIGRANTS

     SEC. 1001. ADMISSION OF CERTAIN ``B'' AND ``F'' VISA 
                   NONIMMIGRANTS WHO ARE SPOUSES OR CHILDREN OF 
                   UNITED STATES PERMANENT RESIDENT ALIENS.

       Section 212 of the Immigration and Nationality Act (8 
     U.S.C. 1182) is amended by adding at the end thereof the 
     following new subsection:
       ``(r)(1) Notwithstanding any other provision of law, no 
     alien--
       ``(A) who is--
       ``(i) the spouse or child of an alien lawfully admitted for 
     permanent residence to the United States; and
       ``(ii) not eligible to enter the United States as an 
     immigrant except by reason of being such a spouse or child; 
     and
       ``(B) who seeks admission to the United States for purposes 
     of visiting the permanent resident spouse or parent or for 
     studying in the United States; and
       ``(C) who is otherwise qualified;
     may be denied issuance of a visa, or may be denied admission 
     to the United States, as a nonimmigrant alien described in 
     section 101(a)(15)(B) who is coming to the United States 
     temporarily for pleasure or as a nonimmigrant alien described 
     in section 101(a)(15)(F).
       ``(2) Whenever an alien described in paragraph (1) seeks 
     admission to the United States as a nonimmigrant alien 
     described in section 101(a)(15)(B) who is coming temporarily 
     for pleasure or as a nonimmigrant alien described in section 
     101(a)(15)(F), the fact that a petition has been filed on the 
     alien's behalf for classification of the alien as an alien 
     lawfully admitted for permanent residence shall not 
     constitute evidence of the alien's intention to abandon his 
     or her foreign residence.''.
                                  ____


 The Family, Work and Immigrant Integration Amendments of 2000--Summary

       1. Central American and Haitian Parity: provides for 
     adjustment of status for Salvadorans, Guatemalans, Hondurans 
     and Haitians on the same terms as that extended to Cubans and 
     Nicaraguans in 1997 under NACARA.
       2. Extension of filing deadlines for applications for 
     adjustment of status of certain Cuban, Nicaraguan, and 
     Haitian nationals: extends the deadline to apply for 
     adjustment of status by one year after the date of issuance 
     of final NACARA regulations.
       3. Liberian Refugee Immigration Fairness: allows Liberian 
     refugees who have been continuously present in the US to 
     apply for adjustment of status.
       4. Increased Flexibility in Employment-Based Immigration: 
     eliminates per country limitation if additional visas are 
     available, increases portability of H-1B visas, encourages 
     swifter adjudication of petitions, and allows unused visas 
     from one year to be used the following year.
       5. Restoration of Section 245(i): restores the provision 
     permitting those who are out of status but otherwise eligible 
     for permanent residence to adjust their status in the United 
     States by paying a fine.
       6. 1986 Registry Date: updates the current registry date 
     from 1972 to 1986 that allows adjustment of status to all 
     persons of good character who have resided in the United 
     States prior to 1986. The registry date would be moved up one 
     year each for the next five years to 1991 in FY 2006.
       7. Backlog reduction for family-sponsored immigrants: would 
     provide additional visas for family members of citizens and 
     permanent residents to reduce backlogs in the family-based 
     immigration categories: 250,000 additional visas for three 
     years, 200,000 for two years and 150,000 permanently; per 
     country ceilings are raised proportionately.
       8. Alien Child Protection Act: provides unaccompanied or 
     orphaned children in the jurisdiction of the INS with several 
     protections. Among other things, it states that if a child is 
     detained, it must be in a child-appropriate facility. They 
     can have access to a guardian ad litem or similar advocate to 
     navigate through the immigration process.
       9. Benefits Restoration: restores modest benefits for legal 
     immigrants, including optional eligibility of certain 
     immigrants for Medicaid and optional eligibility of immigrant 
     children for SCHIP programs (state child health plans). 
     States would be given the option to provide Medicaid to all 
     children and pregnant women who are lawfully residing in the 
     US, regardless of when they arrived. Pregnant women would 
     remain eligible during the first 60 days after their 
     pregnancy. If a state elects the Medicaid option, it may also 
     provide all lawfully present children access to this CHIP 
     (state child health plan) program. Immigrant sponsors would 
     not be required to pay back assistance provided to children 
     or pregnant women.
       10. Admission of spouses and children of certain 
     nonimmigrants: would allow spouses and children of permanent 
     residents who have green card applications pending to enter 
     the US with nonimmigrant student and/or visitor visas. 
     Hundreds of thousands can't get nonimmigrant student and/or 
     visitor visas now because of State Department interpretations 
     that if you have a green card application pending you are 
     presumed likely to overstay a temporary visa to visit the US 
     on a limited basis.
                                  ____

                                                     May 16, 2000.
       Dear Members of Congress. Today, as throughout American 
     history, immigrants have proven essential to the economic, 
     political and social development of our nation. Immigrants 
     make important contributions consistent with America's 
     fundamental values of family, work, justice and community.
       It is important that our immigration policies reflect these 
     values and ensure that all persons enjoy equal protection and 
     due process under the Constitution and laws of the land. Our 
     immigration policies should also be responsive to economic 
     needs and ensure appropriate protections and opportunities 
     for citizens and immigrants.
       Immigration reforms consistent with American values and 
     economic needs should be a high priority on the national 
     agenda this year.
       Currently, there is wide support in Congress for 
     immigration reforms to address the need to better educate and 
     train citizens and lawful immigrants now here, and to 
     increase the number of H-B visas to admit more highly-skilled 
     immigrants so as to meet the economic needs of certain 
     industries experiencing shortages of workers with these 
     skills. While we may differ on specific provisions of 
     proposed bills, we agree that appropriate skilled immigrant 
     admissions contribute to economic growth and job creation.
       The undersigned further believe that, in addition to 
     proposals on high skilled visas, the following issues 
     regarding persons already in the United States or awaiting 
     family reunification also warrant congressional

[[Page S4487]]

     action as early as possible: 1) allow Salvadorans, 
     Guatemalans, Hondurans and Haitians to apply for adjustment 
     of status on the same terms as already provided to Cubans and 
     Nicaraguans in 1997; 2) allow adjustment of status to all 
     persons of good character who have resided in the United 
     States and established ties to American communities; 3) 
     restore the provision permitting those who are out of status 
     but otherwise eligible for permanent residence to adjust 
     their status in the United States; 4) reunite families by 
     establishing a program to provide additional visas for family 
     members of citizens and permanent residents so as to reduce 
     unacceptable backlogs and help stabilize the workforce.
       Other immigration reforms also deserve congressional 
     action, which will be addressed in further correspondence. We 
     believe that there is a broad consensus now that Congress 
     should enact the proposals noted above on a priority basis in 
     the national interest.
           Sincerely,


                              Individuals

     Henry Cisneros.
     Richard Gilder.
     Bill Ong Hing.
     Jack Kemp.
     Rick Swartz.


                         national organizations

       Americans for Tax Reform, Grover Norquist, President
       Center for Equal Opportunity, Linda Chavez, President
       Club for Growth, Steve Moore, President
       Empower America, J.T. Taylor, President
       Hotel Employees and Restaurant Employees Union, John 
     Wilhelm, President
       Service Employees International Union, Andrew Stern, 
     President
       United Farm Workers of America, AFL-CIO, Arturo Rodriguez, 
     President
       Union of Needletrades and Industrial Textile Employees 
     (UNITE), Jay Mazur, President
       American Immigration Lawyers Association, Jeanne 
     Butterfield, Executive Director
       Arab American Institute, James Zogby, President
       Dominican American National Roundtable, Victor Capellan, 
     President
       Haitian American Foundation, Inc., Leonie Hermantin, 
     Executive Director
       Immigrant Support Network, Shailesh Gala, President
       Lutheran Immigration and Refugee Services, Ralston 
     Deffenbaugh, President
       U.S. Catholic Conference/Migration and Refugee Services, 
     Most Reverend Bishop Nicholas DiMarzio, Chairman, National 
     Conference of Catholic Bishops' Committee on Migration
       National Asian Pacific American Legal Consortium, Karen 
     Narasaki, Executive Director
       National Association of Latino Elected and Appointed 
     Officials, Arturo Vargas, Executive Director
       National Coalition for Haitian Rights, Jocelyn McCalla, 
     Executive Director
       National Council of La Raza, Raul Yzaguirre, President
       National Farm Worker Ministry, Virginia Nesmith, Executive 
     Director
       National Immigration Forum, Frank Sharry, Executive 
     Director
       National Immigration Law Center, Susan Drake, Executive 
     Director
       National Puerto Rican Coalition, Manuel Mirabal, President/
     CEO
       New America Alliance, Tom Castro, President
       Polish American Congress, Edward Moskal, President
       Salvadoran American National Network, Oscar Chacon, 
     President
       Southeast Asian Resource Action Center, Ka Ying Yang, 
     Executive Director
       William C. Velasquez Institute, Antonio Gonzalez, President


                          local organizations

       Centro Presente, M. Elena Letona, Executive Director
       Centro Romero, Daisy Funes, Executive Director
       Haitian American Grassroots Coalition, Jean-Robert 
     Lafortune, Chairman
       Heartland Alliance for Human Needs & Human Rights, Sid 
     Mohn, President
       Immigrant Legal Resource Center, Mark Silverman
       Jewish Community Federation of San Francisco, the 
     Peninsula, Marin and Sonoma Counties, Wayne Feinstein, 
     Executive Vice President
       Los Angeles County Federation of Labor, Miguel Contreras, 
     Executive Secretary Treasurer
       New York Association for New Americans, Mark Handelman, 
     Executive Vice President
       New York Immigration Coalition, Margie McHugh, Executive 
     Director

                          ____________________





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