[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1435 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1435
To amend the Immigration and Nationality Act to provide Temporary
Resident Status for certain parents and spouses of citizens or lawful
residents of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2021
Mr. Rush introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide Temporary
Resident Status for certain parents and spouses of citizens or lawful
residents of the United States, and for other purposes.
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 ``American Right to Family Act''.
SEC. 2. TEMPORARY RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENT
PARENTS.
Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended by adding at the end the following:
``(W) Temporary resident status for certain long-
term resident parents.--
``(i) In general.--Subject to section
214(s), an alien who files a petition for
status under this subparagraph, if the
Secretary of Homeland Security determines
that--
``(I) the alien--
``(aa) has been physically
present in the United States
for a continuous period of not
less than 10 years immediately
preceding the date of the
alien's application;
``(bb) has been granted
deferred action pursuant to the
Deferred Action for Childhood
Arrivals Memorandum announced
by the Secretary of Homeland
Security on June 15, 2012, or
would have otherwise qualified
for the Deferred Action for
Childhood Arrivals announced by
the Secretary of Homeland
Security pursuant to the
November 14, 2014, Memorandum;
and
``(cc) is a covered person;
``(II) the alien--
``(aa) was issued an order
of removal from the United
States under sections 235 or
240 of the Immigration and
Nationality Act, and--
``(AA) remained in
the United States;
``(BB) was removed,
deported, or permitted
to depart voluntarily
from the United States;
``(CC) resides
outside of the United
States; or
``(DD) unlawfully
reentered the United
States after being
issued an order of
removal under section
235 or 240 of the
Immigration and
Nationality Act;
``(bb) was physically
present in the United States
for a continuous presence of
not less than 10 years
immediately preceding the date
of the alien's order of
removal; and
``(cc) is a covered person.
``(ii) Definition.--For purposes of this
subparagraph, a covered person is an alien who
is--
``(I) the parent of a child who--
``(aa) is a citizen or
national of the United States;
or
``(bb) initially entered
the United States before the
age of 16 and has been
continuously and physically
present in the United States
since their last entry; or
``(II) the spouse of a person who--
``(aa) is a citizen or
lawful permanent resident of
the United States; or
``(bb) initially entered
the United States before the
age of 16 and has been
continuously and physically
present in the United States
since their last entry.''.
SEC. 3. REQUIREMENTS FOR TEMPORARY RESIDENT STATUS FOR CERTAIN LONG-
TERM RESIDENT PARENTS.
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184)
is amended by adding the following subsection:
``(s) Requirements Applicable to Section 101(a)(15)(W) Visas or
Nonimmigrant Status.--
``(1) In general.--In the case of a nonimmigrant described
in section 101(a)(15)(W), the alien--
``(A) is not inadmissible under section 212(a)(1),
(a)(6)(E), (a)(8), or (a)(10) of the Immigration and
Nationality Act;
``(B) is not inadmissible under section 212(a)(2),
unless eligible for a waiver pursuant to subsection (6)
of this section; and
``(C) has not ordered, incited assisted or
otherwise participated in the persecution of any person
on account of race, religion, nationality, membership
in a particular social group, or political opinion.
``(2) Credible evidence considered.--In acting on any
petition filed under this subsection, the consular officer,
Secretary of Homeland Security, or the Attorney General, as
appropriate, shall consider any credible evidence relevant to
the petition.
``(3) Work authorization.--In the case of a nonimmigrant
described in section 101(a)(15)(W), the Secretary of Homeland
Security shall authorize the alien to engage in employment in
the United States during the period of authorized admission and
shall provide the alien with an `employment authorized'
endorsement or other appropriate document signifying
authorization of employment. Work authorization provided under
this paragraph shall be effective throughout the period the
alien is in temporary resident status.
``(4) No numerical limitations.--The number of aliens who
may be issued visas or otherwise provided status as
nonimmigrants under section 101(a)(15)(W) shall have no
numerical limitations.
``(5) Duration of status.--The authorized period of status
of an alien as a nonimmigrant under section 101(a)(15)(W) shall
be valid for a period of 3 years, but the Secretary of Homeland
Security shall extend or renew such period, with no limit on
the number of such renewals, if--
``(A) the alien files a nonfrivolous application
for renewal before the date of expiration of authorized
stay determined by the Secretary; and
``(B) the Secretary determines that the alien
continues to meet the conditions as defined by section
101(a)(15)(W) and subject to the requirements provided
under this subsection.
Further, in the case of an alien who files a nonfrivolous
application for renewal before the date of expiration of the
period of authorized stay by the Secretary, the alien's period
of temporary resident status and work authorization shall be
deemed automatically extended during the pendency of the
application.
``(6) Waivers for certain misdemeanors.--Include the same
or similar language in section 240A(f)(3)(C), and explain that
certain crimes related to section 212(a)(2) are also to be
expressly excluded (and the applicant remains eligible for
relief under this section) if described in section
240A(f)(D)(i)(ii)(I) (i.e. except simple possession of
cannabis/paraphernalia, etc.) and include the language in
treatment of certain crimes.
``(7) Nonexclusive relief.--Nothing in this subsection
limits the ability of aliens who qualify for status under
section 101(a)(15)(W) to seek any other immigration benefit or
status for which the alien may be eligible.''.
SEC. 4. CANCELLATION OF REMOVAL AND TEMPORARY RESIDENT STATUS FOR
CERTAIN LONG-TERM RESIDENT PARENTS.
Section 240A of the Immigration and Nationality Act (8 U.S.C.
1229b) is amended by adding at the end the following:
``(f) Cancellation of Removal and Temporary Resident Status for
Certain Long-Term Resident Parents.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security or the Attorney General
shall cancel the removal of, and adjust to the status of an
alien having lawful temporary residence, an alien who is
inadmissible or deportable from the United States if--
``(A) the alien--
``(i) has been physically present in the
United States for a continuous period of not
less than 10 years immediately preceding the
date of the alien's application;
``(ii) subject to paragraph (7), was
removed, deported, or permitted to depart
voluntarily from the United States after having
been physically present in the United States
for a continuous period of not less than 10
years;
``(iii) has been granted deferred action
pursuant to the Deferred Action for Childhood
Arrivals Memorandum announced by the Secretary
of Homeland Security on June 15, 2012, or would
have otherwise qualified for the Deferred
Action for Childhood Arrivals announced by the
Secretary of Homeland Security pursuant to the
November 14, 2014, Memorandum; or
``(iv) would have been eligible for a grant
of deferred action pursuant to such policy, if
the memorandum announcing the policy were fully
in effect since the date issued;
``(B) the alien is the parent of a son or daughter
who--
``(i) is a citizen or national of the
United States; or
``(ii) initially entered the United States
while under 16 years of age and has been
continuously physically present in the United
States since such entry; and
``(C) the alien--
``(i) is not inadmissible under paragraph
(1), (6)(E), (6)(G), (8), or (10) of section
212(a);
``(ii) has not ordered, incited, assisted,
or otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion; and
``(iii) is not barred from adjustment of
status under this subsection based on the
criminal and national security grounds
described under paragraph (3), subject to the
provisions of such paragraph.
``(2) Determination of continuous presence.--
``(A) Effect of notice to appear.--Any period of
continuous physical presence in the United States of an
alien who applies for temporary resident status under
this subsection shall not terminate when the alien is
served a notice to appear under section 239(a).
``(B) Treatment of certain breaks in presence or
residence.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), an alien shall be
considered to have failed to maintain
continuous physical presence in the United
States under this subsection if the alien has
departed from the United States for any period
exceeding 90 days or for any periods, in the
aggregate, exceeding 180 days.
``(ii) Extensions for extenuating
circumstances.--The Secretary may extend the
time period described in clause (i) for an
alien who demonstrates that the failure to
timely return to the United States was due to
extenuating circumstances beyond the alien's
control, including the serious illness of the
alien, or death or serious illness of a parent,
grandparent, sibling, or child of the alien.
``(iii) Travel authorized by the
secretary.--Any period of travel outside of the
United States by an alien that was authorized
by the Secretary of Homeland Secretary may not
be counted toward any period of departure from
the United States under clause (i).
``(3) Criminal and national security bars.--
``(A) Grounds of ineligibility.--Except as provided
in subparagraphs (B) and (C), an alien is ineligible
for cancellation of removal and adjustment of status
under this subsection if any of the following apply:
``(i) The alien is inadmissible under
paragraph (2) or (3) of section 212(a) of the
Immigration and Nationality Act.
``(ii) Excluding any offense under State
law for which an essential element is the
alien's immigration status, and any minor
traffic offense, the alien has been convicted
of--
``(I) any felony offense;
``(II) three or more misdemeanor
offenses (excluding simple possession
of cannabis or cannabis-related
paraphernalia, any offense involving
cannabis or cannabis-related
paraphernalia which is no longer
prosecutable in the State in which the
conviction was entered, and any offense
involving civil disobedience without
violence) not occurring on the same
date, and not arising out of the same
act, omission, or scheme of misconduct;
or
``(III) a misdemeanor offense of
domestic violence, unless the alien
demonstrates that such crime is related
to the alien having been--
``(aa) a victim of domestic
violence, sexual assault,
stalking, child abuse or
neglect, abuse or neglect in
later life, or human
trafficking;
``(bb) battered or
subjected to extreme cruelty;
or
``(cc) a victim of criminal
activity described in section
101(a)(15)(U)(iii).
``(B) Treatment of certain offenses.--
``(i) In general.--Notwithstanding section
101(h), a crime described in clause (ii) shall
only be considered for purposes of this
subsection if--
``(I) such crime involves personal
injury or death to another; or
``(II) the alien has been convicted
of such a crime more than once during
the 10 years immediately preceding the
date of the alien's application.
``(ii) Crime described.--A crime described
in this clause is--
``(I) a crime of reckless driving
or of driving while intoxicated or
under the influence of alcohol or of
controlled substances; or
``(II) a crime involving controlled
substances.
``(C) Waivers for certain misdemeanors.--For
humanitarian purposes, family unity, or if otherwise in
the public interest, the Secretary may--
``(i) waive the grounds of inadmissibility
under subparagraphs (A), (C), and (D) of
section 212(a)(2), unless the conviction
forming the basis for inadmissibility would
otherwise render the alien ineligible under
subparagraph (A)(ii) (subject to clause (ii));
and
``(ii) for purposes of subclauses (II) and
(III) of subparagraph (A)(ii), waive
consideration of--
``(I) one misdemeanor offense if
the alien has not been convicted of any
offense in the 5-year period preceding
the date on which the alien applies for
adjustment of status under this
subsection; or
``(II) up to two misdemeanor
offenses if the alien has not been
convicted of any offense in the 10-year
period preceding the date on which the
alien applies for adjustment of status
under this subsection.
``(D) Authority to conduct secondary review.--
``(i) In general.--Notwithstanding an
alien's eligibility for adjustment of status
under this subsection, and subject to the
procedures described in this subparagraph, the
Secretary of Homeland Security or the Attorney
General may, as a matter of non-delegable
discretion, provisionally deny an application
for adjustment of status if the Secretary or
the Attorney General, based on clear and
convincing evidence, which shall include
credible law enforcement information,
determines that the alien is described in
clause (ii) or (iv).
``(ii) Public safety.--An alien is
described in this clause if--
``(I) excluding simple possession
of cannabis or cannabis-related
paraphernalia, any offense involving
cannabis or cannabis-related
paraphernalia which is no longer
prosecutable in the State in which the
conviction was entered, any offense
under State law for which an essential
element is the alien's immigration
status, any offense involving civil
disobedience without violence, and any
minor traffic offense, the alien--
``(aa) has been convicted
of a misdemeanor offense
punishable by a term of
imprisonment of more than 30
days; or
``(bb) has been adjudicated
delinquent in a State or local
juvenile court proceeding that
resulted in a disposition
ordering placement in a secure
facility; and
``(II) the alien poses a
significant and continuing threat to
public safety related to such
conviction or adjudication.
``(iii) Public safety determination.--For
purposes of clause (ii)(II), the Secretary
shall consider the recency of the conviction or
adjudication; the length of any imposed
sentence or placement; the nature and
seriousness of the conviction or adjudication,
including whether the elements of the offense
include the unlawful possession or use of a
deadly weapon to commit an offense or other
conduct intended to cause serious bodily
injury; and any mitigating factors pertaining
to the alien's role in the commission of the
offense.
``(iv) Gang participation.--An alien is
described in this clause if the alien has,
within the 5 years immediately preceding the
date of the application, knowingly, willfully,
and voluntarily participated in offenses
committed by a criminal street gang (as
described in subsections (a) and (c) of section
521 of title 18, United States Code) with the
intent to promote or further the commission of
such offenses.
``(v) Evidentiary limitation.--For purposes
of clause (iv), allegations of gang membership
obtained from a State or Federal in-house or
local database, or a network of databases used
for the purpose of recording and sharing
activities of alleged gang members across law
enforcement agencies, shall not establish the
participation described in such clause.
``(vi) Notice.--
``(I) In general.--Prior to
rendering a discretionary decision
under this subparagraph, the Secretary
of Homeland Security or the Attorney
General shall provide written notice of
the intent to provisionally deny the
application to the alien (or the
alien's counsel of record, if any) by
certified mail and, if an electronic
mail address is provided, by electronic
mail (or other form of electronic
communication). Such notice shall--
``(aa) articulate with
specificity all grounds for the
preliminary determination,
including the evidence relied
upon to support the
determination; and
``(bb) provide the alien
with not less than 90 days to
respond.
``(II) Second notice.--Not more
than 30 days after the issuance of the
notice under subclause (I), the
Secretary of Homeland Security or the
Attorney General shall provide a second
written notice that meets the
requirements of such clause.
``(III) Notice not received.--
Notwithstanding any other provision of
law, if an applicant provides good
cause for not contesting a provisional
denial under this paragraph, including
a failure to receive notice as required
under this subparagraph, the Secretary
of Homeland Security or the Attorney
General shall, upon a motion filed by
the alien, reopen an application for
adjustment of status under this
subsection and allow the applicant an
opportunity to respond, consistent with
subclause (I)(bb).
``(E) Definitions.--For purposes of this
paragraph--
``(i) the term `felony offense' means an
offense under Federal or State law that is
punishable by a maximum term of imprisonment of
more than 1 year;
``(ii) the term `misdemeanor offense' means
an offense under Federal or State law that is
punishable by a term of imprisonment of more
than 5 days but not more than 1 year;
``(iii) the term `crime of domestic
violence' means any offense that has as an
element the use, attempted use, or threatened
use of physical force against a person
committed by a current or former spouse of the
person, by an individual with whom the person
shares a child in common, by an individual who
is cohabiting with or has cohabited with the
person as a spouse, by an individual similarly
situated to a spouse of the person under the
domestic or family violence laws of the
jurisdiction where the offense occurs, or by
any other individual against a person who is
protected from that individual's acts under the
domestic or family violence laws of the United
States or any State, Indian tribal government,
or unit of local government; and
``(iv) the terms `convicted', `conviction',
`adjudicated', and `adjudication' do not
include a judgment that has been expunged or
set aside, that resulted in a rehabilitative
disposition, or the equivalent.
``(4) Work authorization.--In the case of an alien who has
temporary resident status under this subsection, the Secretary
of Homeland Security shall authorize the alien to engage in
employment in the United States and provide the alien with an
`employment authorized' endorsement or other appropriate work
permit. Work authorization provided under this paragraph shall
be effective throughout the period the alien is in temporary
resident status under this subsection.
``(5) Terms of status.--
``(A) In general.--Temporary resident status under
this subsection shall be valid for a period of 3 years,
unless such period is extended or renewed.
``(B) Renewal.--In the case of an alien who has
temporary resident status under this subsection, the
Secretary of Homeland Security shall renew the status
in 3-year increments, with no limit on the number of
such renewals, if--
``(i) the alien files a nonfrivolous
application for renewal before the date of
expiration of the period of stay authorized by
the Secretary; and
``(ii) the Secretary determines that the
alien continues to meet the conditions for
adjustment of status under this subsection.
``(C) Automatic extension during pendency of
application.--In the case of an alien who files a
nonfrivolous application for renewal before the date of
expiration of the period of stay authorized by the
Secretary, the alien's period of temporary resident
status and work authorization shall be deemed extended
during the pendency of the application.
``(6) Documents establishing continuous physical
presence.--To establish that an alien has been continuously
physically present in the United States, as required under
paragraph (1), the alien may submit the following forms of
evidence:
``(A) Passport entries, including admission stamps
on the alien's passport.
``(B) Any document from the Department of Justice
or the Department of Homeland Security noting the
alien's date of entry into the United States.
``(C) Records from any educational institution the
alien has attended in the United States.
``(D) Employment records of the alien that include
the employer's name and contact information, or other
records demonstrating earned income.
``(E) Records of service from the Uniformed
Services.
``(F) Official records from a religious entity
confirming the alien's participation in a religious
ceremony.
``(G) A birth certificate for a child who was born
in the United States.
``(H) Hospital or medical records showing medical
treatment or hospitalization, the name of the medical
facility or physician, and the date of the treatment or
hospitalization.
``(I) Automobile license receipts or registration.
``(J) Deeds, mortgages, or rental agreement
contracts.
``(K) Rent receipts or utility bills bearing the
alien's name or the name of an immediate family member
of the alien, and the alien's address.
``(L) Tax receipts.
``(M) Insurance policies.
``(N) Remittance records, including copies of money
order receipts sent in or out of the country.
``(O) Travel records.
``(P) Dated bank transactions.
``(Q) Two or more sworn affidavits from individuals
who are not related to the alien who have direct
knowledge of the alien's continuous physical presence
in the United States, that contain--
``(i) the name, address, and telephone
number of the affiant; and
``(ii) the nature and duration of the
relationship between the affiant and the alien.
``(R) Any other evidence determined to be credible
by the Secretary of Homeland Security or the Attorney
General.
``(7) Eligibility of removed, deported, or voluntarily
departed aliens.--An alien who was removed, deported, or
permitted to depart voluntarily from the United States may
apply for relief under this subsection from abroad if the
reason for their removal, deportation, or voluntary departure
was that the alien--
``(A) was present in the United States after the
expiration of the period of stay authorized by the
Secretary of Homeland Security or was present in the
United States without being admitted or paroled; or
``(B) committed an offense, if that offense does
not render the alien ineligible for relief under this
subsection pursuant to the provisions of paragraph (3).
``(8) Construction.--
``(A) In general.--A denial of cancellation of
removal under any other provision of this section shall
not prejudice a decision under this subsection. An
alien's eligibility for temporary resident status under
this subsection shall not preclude the alien from
seeking any status under any other provision of law for
which the alien may otherwise be eligible.
``(B) Determination of continuous presence and
residence.--Subsection (d) shall not apply to
cancellation of removal or adjustment of status under
this subsection.
``(C) Annual limitation.--Subsection (e) shall not
apply to cancellation of removal or adjustment of
status under this subsection.''.
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