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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Immigration Family Equity Act, is repealed.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
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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