[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3493 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3493
To amend the Immigration and Nationality Act to provide for an
extension of the application period for certain aliens present in the
United States for adjustment of status.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2021
Mr. Espaillat (for himself and Mr. Vargas) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for an
extension of the application period for certain aliens present in the
United States for adjustment of status.
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 Reunification Act of 2021''.
SEC. 2. EXTENSION OF THE APPLICATION PERIOD FOR CERTAIN ALIENS PRESENT
IN THE UNITED STATES FOR ADJUSTMENT OF STATUS.
Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C.
1255(i)(1)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B)--
(A) in clause (i), by striking ``or before April
30, 2001''; and
(B) in clause (ii), by striking ``on or before such
date; and'' and inserting a period; and
(3) by striking subparagraph (C).
SEC. 3. DEPOSIT OF CERTAIN FUNDS.
Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C.
1255(i)(3)) is amended by striking ``Breached Bond/Detention Fund
established under section 286(r), 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''.
SEC. 4. LIMITATION ON REMOVAL.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(n) An alien who is the beneficiary (including a spouse or child
of the principal alien, if eligible to receive a visa under section
203(d)) of a petition for classification under section 204 that was
filed with the Secretary of the Department of Homeland Security and
that is prima facie eligible for approval may not be removed while such
petition or application is being adjudicated or appealed.''.
SEC. 5. V NONIMMIGRANT VISAS.
(a) Nonimmigrant Eligibility.--Section 101(a)(15)(V) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) is amended to
read as follows:
``(V) subject to section 214(q)(1), a noncitizen
who is the beneficiary of an approved petition under
section 203(a) or 245B.''.
(b) Employment and Period of Admission of Nonimmigrants Described
in Section 101(a)(15)(V).--Section 214(q)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows:
``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
``(1) Certain sons and daughters.--
``(A) Employment authorization.--The Secretary
shall--
``(i) authorize a nonimmigrant admitted
pursuant to section 101(a)(15)(V) to engage in
employment in the United States during the
period of such nonimmigrant's authorized
admission; and
``(ii) provide the nonimmigrant with an
`employment authorized' endorsement or other
appropriate document signifying authorization
of employment.
``(B) Termination of admission.--The period of
authorized admission for a nonimmigrant admitted
pursuant to section 101(a)(15)(V) shall terminate 30
days after the date on which--
``(i) the nonimmigrant's application for an
immigrant visa pursuant to the approval of a
petition under section 203(a) is denied; or
``(ii) the nonimmigrant's application for
adjustment of status under section 245, 245B,
or 245C pursuant to the approval of such a
petition is denied.
``(C) Public benefits.--
``(i) In general.--A noncitizen who is
lawfully present in the United States pursuant
to section 101(a)(15)(V) is not eligible for
any means-tested public benefits (as such term
is defined and implemented in section 403 of
the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8
U.S.C. 1613)).
``(ii) Health care coverage.--A noncitizen
admitted under section 101(a)(15)(V)--
``(I) is not entitled to the
premium assistance tax credit
authorized under section 36B of the
Internal Revenue Code of 1986 for his
or her health insurance coverage;
``(II) shall be subject to the
rules applicable to individuals not
lawfully present that are set forth in
subsection (e) of such section;
``(III) shall be subject to the
rules applicable to individuals not
lawfully present set forth in section
1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C.
18071(e)); and
``(IV) shall be subject to the
rules applicable to individuals not
lawfully present set forth in section
5000A(d)(3) of the Internal Revenue
Code of 1986.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year beginning after the
date of the enactment of this Act.
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