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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245 of the Immigration and Nationality Act, as added by section 1102(c) of the Legal Immigration Family Equity Act, is repealed.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 adjustment 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 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 on 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 on 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 Nationality 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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