§ 3405 : STATELESS PERSONS IN THE UNITED STATES

IN GENERAL.—Chapter 1 of title II (8 U.S.C. 1151 et seq.) is amended by adding at the end the following:

SEC. 210A. PROTECTION OF CERTAIN STATELESS PERSONS IN THE UNITED STATES.

a.

STATELESS PERSONS.—

1.

IN GENERAL.—In this section, the term stateless person means an individual who is not considered a national under the operation of the laws of any country.

2.

DESIGNATION OF SPECIFIC STATELESS GROUPS.—The Secretary of Homeland Security, in consultation with the Secretary of State, may, in the discretion of the Secretary, designate specific groups of individuals who are considered stateless persons, for purposes of this section.

b.

STATUS OF STATELESS PERSONS.—

1.

RELIEF FOR CERTAIN INDIVIDUALS DETERMINED TO BE STATELESS PERSONS.—The Secretary of Homeland Security or the Attorney General may, in his or her discretion, provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the United States if the alien—

A.

is a stateless person present in the United States;

B.

applies for such relief;

C.

has not lost his or her nationality as a result of his or her voluntary action or knowing inaction after arrival in the United States;

D.

except as provided in paragraphs (2) and (3), is not inadmissible under section 212(a); and

E.

is not described in section 241(b)(3)(B)(i).

2.

INAPPLICABILITY OF CERTAIN PROVISIONS.—The provisions under paragraphs (4),(5),(7), and (9)(B) of section 212(a)shall not apply to any alien seeking relief under paragraph (1).

3.

WAIVER.—The Secretary or the Attorney General may waive any other provisions of such section, other than subparagraphs (B),(C),(D)(ii),(E),(G),(H), or (I)of paragraph (2), paragraph (3), paragraph (6)(C)(i)(with respect to misrepresentations relating to the application for relief under paragraph (1)), or subparagraphs (A),(C),(D), or (E) of paragraph (10) of section 212(a), with respect to such an alien for humanitarian purposes, to assure family unity, or if it is otherwise in the public interest.

4.

SUBMISSION OF PASSPORT OR TRAVEL DOCUMENT.—Any alien who seeks relief under this section shall submit to the Secretary of Homeland Security or the Attorney General—

A.

any available passport or travel document issued at any time to the alien (whether or not the passport or document has expired or been cancelled, rescinded, or revoked); or

B.

an affidavit, sworn under penalty of perjury—

i.

stating that the alien has never been issued a passport or travel document; or

ii.

identifying with particularity any such passport or travel document and explaining why the alien cannot submit it.

5.

WORK AUTHORIZATION.—The Secretary of Homeland Security may authorize an alien who has applied for and is found prima facie eligible for or been granted relief under paragraph (1) to engage in employment in the United States.

6.

TRAVEL DOCUMENTS.—The Secretary may issue appropriate travel documents to an alien who has been granted relief under paragraph (1) that would allow him or her to travel abroad and be admitted to the United States upon return, if otherwise admissible.

7.

TREATMENT OF SPOUSE AND CHILDREN.—The spouse or child of an alien who has been granted conditional lawful status under paragraph (1) shall, if not otherwise eligible for admission under paragraph (1), be granted conditional lawful status under this section if accompanying, or following to join, such alien if—

A.

the spouse or child is admissible (except as otherwise provided in paragraphs (2) and (3)) and is not described in section 241(b)(3)(B)(i); and

B.

the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status.

c.

ADJUSTMENT OF STATUS.—

1.

INSPECTION AND EXAMINATION.—At the end of the 1-year period beginning on the date on which an alien has been granted conditional lawful status under subsection (b), the alien may apply for lawful permanent residence in the United States if—

A.

the alien has been physically present in the United States for at least 1 year;

B.

the alien’s conditional lawful status has not been terminated by the Secretary of Homeland Security or the Attorney General, pursuant to such regulations as the Secretary or the Attorney General may prescribe; and

C.

the alien has not otherwise acquired permanent resident status.

2.

REQUIREMENTS FOR ADJUSTMENT OF STATUS.—The Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, may adjust the status of an alien granted conditional lawful status under subsection (b) to that of an alien lawfully admitted for permanent residence if such alien—

A.

is a stateless person;

B.

properly applies for such adjustment of status;

C.

has been physically present in the United States for at least 1 year after being granted conditional lawful status under subsection (b);

D.

is not firmly resettled in any foreign country; and

E.

is admissible (except as otherwise provided under paragraph (2) or (3) of subsection (b)) as an immigrant under this chapter at the time of examination of such alien for adjustment of status.

3.

RECORD.—Upon approval of an application under this subsection, the Secretary of Homeland Security shall establish a record of the alien’s admission for lawful permanent residence as of the date that is 1 year before the date of such approval.

4.

NUMERICAL LIMITATION.—The number of aliens who may receive an adjustment of status under this section for a fiscal year shall be subject to the numerical limitation of section 203(b)(4).

d.

PROVING THE CLAIM.—In determining an alien’s eligibility for lawful conditional status or adjustment of status under this subsection, the Secretary of Homeland Security or the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General.

e.

REVIEW.—

1.

ADMINISTRATIVE REVIEW.—No appeal shall lie from the denial of an application by the Secretary, but such denial will be without prejudice to the alien’s right to renew the application in proceedings under section 240.

2.

MOTIONS TO REOPEN.—Notwithstanding any limitation imposed by law on motions to reopen removal, deportation, or exclusion proceedings, any individual who is eligible for relief under this section may file a motion to reopen proceedings in order to apply for relief under this section. Any such motion shall be filed within 2 years of the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

f.

LIMITATION.—

1.

APPLICABILITY.—The provisions of this section shall only apply to aliens present in the United States.

2.

SAVINGS PROVISION.—Nothing in this section may be construed to authorize or require—

A.

the admission of any alien to the United States;

B.

the parole of any alien into the United States; or

C.

the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the United States.