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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

< Back to current issue of Immigration Daily                        < Back to current issue of Immigrant's Weekly 

	              TITLE XV--LIFE ACT AMENDMENTS

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``LIFE Act Amendments of 
     2000''.

     SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT PROVISION.

       (a) Extended Application of Section 245(i).--
       (1) In general.--Paragraph (1) of section 245(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(i)) is 
     amended--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B)(i), by striking ``January 14, 
     1998'' and inserting ``April 30, 2001'';
       (C) in subparagraph (B), by adding ``and'' at the end; and
       (D) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) who, in the case of a beneficiary of a petition for 
     classification, or an application for labor certification, 
     described in subparagraph (B) that was filed after January 
     14, 1998, is physically present in the United States on the 
     date of the enactment of the LIFE Act Amendments of 2000;''.
       (2) Modification in use of funds.--Paragraph (3)(B) of such 
     section is amended by inserting before the period the 
     following: ``, except that in the case of fees attributable 
     to applications for a beneficiary with respect to whom a 
     petition for classification, or an application for labor 
     certification, described in paragraph (1)(B) was filed after 
     January 14, 1998, one-half of such remaining portion shall be 
     deposited by the Attorney General into the Immigration 
     Examinations Fee Account established under section 286(m)''.
       (b) Conforming Amendments.--
       (1) Subsection (m) of section 245 of the Immigration and 
     Nationality Act, as added by section 1102(c) of the Legal 
     Immigration Family Equity Act, is repealed.
       (2) Section 245 of the Immigration and Nationality Act, as 
     amended by section 1102(d)(2) of the Legal Immigration Family 
     Equity Act, is amended by striking ``or (m)'' each place it 
     appears.

     SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT 
                   PROVISIONS.

       (a) Inclusion of Additional Class.--Section 1104(b) of the 
     Legal Immigration Family Equity Act is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Zambrano v. INS, vacated sub nom. Immigration and 
     Naturalization Service v. Zambrano, 509 U.S. 918 (1993).''.
       (b) Conforming Application of Consent Provision.--Section 
     1104(c) of the Legal Immigration Family Equity Act is amended 
     by adding at the end the following new paragraph:
       ``(10) Conforming application of consent provision.--In 
     addition to the waivers provided in subsection (d)(2) of such 
     section 245A of the Immigration and Nationality Act, the 
     Attorney General may grant the alien a waiver of the grounds 
     of inadmissibility under subparagraphs (A) and (C) of section 
     212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In granting such 
     waivers, the Attorney General shall use standards used in 
     granting consent under subparagraphs (A)(iii) and (C)(ii) of 
     such section.''.
       (c) Inapplicability of Removal Order Reinstatement.--
     Section 1104 of such Act is further amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g) Inapplicability of Removal Order Reinstatement.--
     Section 241(a)(5) of the Immigration and Nationality Act 
     shall not apply with respect to an alien who is applying for 
     adjusmtent of status under this section.''.

     SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO SPOUSES 
                   AND UNMARRIED CHILDREN OF CERTAIN LIFE ACT 
                   BENEFICIARIES.

       (a) Immigration Benefits.--Except as provided in subsection 
     (d), in the case of an eligible spouse or child (as described 
     in subsection (b)), the Attorney General--
       (1) shall not remove the alien on a ground specified in 
     paragraph (1)(A), (1)(B), (1)(C), or (3)(A) of section 237(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1227(a)), 
     other than so much of paragraph (1)(A) of such section as 
     relates to a ground of inadmissibility described in paragraph 
     (2) or (3) of section 212(a) of such Act (8 U.S.C. 
     1182(a)); and
       (2) shall authorize the alien to engage in employment in 
     the United States during the period of time in which 
     protection is provided under paragraph (1) and shall provide 
     the alien with an ``employment authorized'' endorsement or

[[Page H12300]]

     other appropriate document signifying authorization of 
     employment.
       (b) Eligible Spouses and Children.--For purposes of this 
     section, the term ``eligible spouse or child'' means an alien 
     who is the spouse or unmarried child of an alien described in 
     section 1104(b) of the Legal Immigration Family Equity Act if 
     the spouse or child--
       (1) entered the United States before December 1, 1988; and
       (2) resided in the United States on such date.
       (c) Process for Relief for Eligible Spouses and Children 
     Outside the United States.--If an alien has obtained lawful 
     permanent resident status under section 1104 of the Legal 
     Immigration Family Equity Act and the alien has an eligible 
     spouse or child who is no longer physically present in the 
     United States, the Attorney General shall establish a process 
     under which the eligible spouse or child may be paroled into 
     the United States in order to obtain the benefits of 
     subsection (a) unless the Attorney General finds that the 
     spouse or child would be inadmissible or deportable on any 
     ground, other than a ground for which the alien would not be 
     subject to removal under subsection (a)(1). An alien so 
     paroled shall not be treated as paroled into the United 
     States for purposes of section 201(c)(4) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(c)(4)).
       (d) Exception.--An alien is not eligible for the benefits 
     of this section if the Attorney General finds that--
       (1) the alien has been convicted of a felony or three or 
     more misdemeanors in the United States; or
       (2) the alien is described in section 241(b)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
       (e) Application of Definitions.--Except as otherwise 
     specifically provided in this section, the definitions 
     contained in the Immigration and Nationality Act shall apply 
     in the administration of this section.

     SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS ADJUSTMENT AND 
                   RELIEF ACTS.

       (a) Nicaraguan Adjustment and Central American Relief 
     Act.--
       (1) In general.--Section 202(a) of the Nicaraguan 
     Adjustment and Central American Relief Act is amended--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Rules in applying certain provisions.--In the case of 
     an alien described in subsection (b) or (d) who is applying 
     for adjustment of status under this section--
       ``(A) the provisions of section 241(a)(5) of the 
     Immigration and Nationality Act shall not apply; and
       ``(B) the Attorney General may grant the alien a waiver of 
     the grounds of inadmissibility under subparagraphs (A) and 
     (C) of section 212(a)(9) of such Act.
     In granting waivers under subparagraph (B), the Attorney 
     General shall use standards used in granting consent under 
     subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).''.
       (2) Permitting motion to reopen.--Notwithstanding any time 
     and number limitations imposed by law on motions to reopen 
     exclusion, removal, or deportation proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined by section 101(a) of the 
     Immigration and Nationality Act)), a national of Cuba or 
     Nicaragua who has become eligible for adjustment of status 
     under the Nicaraguan Adjustment and Central American Relief 
     Act as a result of the amendments made by paragraph (1), may 
     file one motion to reopen exclusion, deportation, or removal 
     proceedings to apply for such adjustment under that 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 that Act. All such motions shall 
     be filed within 180 days of the date of the enactment of this 
     Act.
       (b) Haitian Refugee Immigration Fairness Act of 1998.--
       (1) Inapplicability of certain provisions.--Section 902(a) 
     of the Haitian Refugee Immigration Fairness Act of 1998 is 
     amended--
       (A) by redesignating paragraph (2) as paragraph (3); and
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Inapplicability of certain provisions.--In the case 
     of an alien described in subsection (b) or (d) who is 
     applying for adjustment of status under this section--
       ``(A) the provisions of section 241(a)(5) of the 
     Immigration and Nationality Act shall not apply; and
       ``(B) the Attorney General may grant the alien a waiver of 
     the grounds of inadmissibility under subparagraphs (A) and 
     (C) of section 212(a)(9) of such Act.
     In granting waivers under subparagraph (B), the Attorney 
     General shall use standards used in granting consent under 
     subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).''.
       (2) Permitting motion to reopen.--Notwithstanding any time 
     and number limitations imposed by law on motions to reopen 
     exclusion, removal, or deportation proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined by section 101(a) of the 
     Immigration and Nationality Act)), a national of Haiti who 
     has become eligible for adjustment of status under the 
     Haitian Refugee Immigration Fairness Act of 1998 as a result 
     of the amendments made by paragraph (1), may file one motion 
     to reopen exclusion, deportation, or removal proceedings to 
     apply for such adjustment under that 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 that Act. All such motions shall be filed within 
     180 days of the date of the enactment of this Act.
       (c) Section 309 of IIRIRA.--Section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended by adding at the end the following new subsection:
       ``(h) Relief and Motions to Reopen.--
       ``(1) Relief.--An alien described in subsection 
     (c)(5)(C)(i) who is otherwise eligible for--
       ``(A) suspension of deportation pursuant to section 244(a) 
     of the Immigration and Nationality Act, as in effect before 
     the title III-A effective date; or
       ``(B) cancellation of removal, pursuant to section 240A(b) 
     of the Immigration and Nationality Act and subsection (f) of 
     this section;
     shall not be barred from applying for such relief by 
     operation of section 241(a)(5) of the Immigration and 
     National Act, as in effect after the title III-A effective 
     date.
       ``(2) Additional motion to reopen permitted.--
     Notwithstanding any limitation imposed by law on motions to 
     reopen removal or deportation proceedings (except limitations 
     premised on an alien's conviction of an aggravated felony (as 
     defined by section 101(a) of the Immigration and Nationality 
     Act)), any alien who is described in subsection (c)(5)(C)(i) 
     and who has become eligible for cancellation of removal or 
     suspension of deportation as a result of the enactment of 
     paragraph (1) may file one motion to reopen removal or 
     deportation proceedings in order to apply for cancellation of 
     removal or suspension of deportation. The scope of any 
     proceeding reopened on this basis shall be limited to a 
     determination of the alien's eligibility for cancellation of 
     removal or suspension of deportation. The Attorney General 
     shall designate a specific time period in which all such 
     motions to reopen are required to be filed. The period shall 
     begin not later than 60 days after the date of the enactment 
     of this subsection and shall extend for a period not to 
     exceed 240 days.
       ``(3) Construction.--Nothing in this subsection shall 
     preclude an alien from filing a motion to reopen pursuant to 
     section 240(b)(5)(C)(ii) of the Immigration and Nationality 
     Act, or section 242B(c)(3)(B) of such Act (as in effect 
     before the title III-A effective date).''.

     SEC. 1506. EFFECTIVE DATE.

       This title shall take effect as if included in the 
     enactment of the Legal Immigration Family Equity Act.

					


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