What This Bill Does
This bill allows Cesar Carlos Silva Rodriguez to become a permanent resident of the United States. He can either get an immigrant visa or adjust his status to lawful permanent resident. The bill creates an exception to standard immigration law to allow his application.
Who It Affects
Cesar Carlos Silva Rodriguez, the Secretary of State and the proper officer under the Secretary's direction.
Key Provisions
* Cesar Carlos Silva Rodriguez becomes eligible for an immigrant visa or adjustment of status to lawful permanent resident if he files an application within two years of the bill becoming law and pays required fees (Sec. 1(a), (c)).
* If Silva Rodriguez enters the United States before the filing deadline, he is considered to have entered and remained lawfully and can adjust his status as of the date the bill becomes law (Sec. 1(b)).
* When Silva Rodriguez receives his immigrant visa or permanent resident status, the Secretary of State must reduce by one the total number of immigrant visas available to natives of his country of birth during the current or next fiscal year (Sec. 1(d)).
What Changes
Cesar Carlos Silva Rodriguez gains eligibility for permanent resident status despite normal immigration law restrictions. One immigrant visa slot becomes unavailable for future applicants from his country of birth.
Important Definitions
Adjustment of status means changing from one immigration category to lawful permanent resident without leaving the United States.
VI
118TH CONGRESS
1ST SESSION
S. 358
For the relief of Cesar Carlos Silva Rodriguez.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Ms. CORTEZ MASTO introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
For the relief of Cesar Carlos Silva Rodriguez.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. PERMANENT RESIDENT STATUS FOR CESAR
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CARLOS SILVA RODRIGUEZ.
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(a) IN GENERAL.—Notwithstanding subsections (a)
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and (b) of section 201 of the Immigration and Nationality
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Act (8 U.S.C. 1151), Cesar Carlos Silva Rodriguez shall
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be eligible for the issuance of an immigrant visa or for
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adjustment of status to that of an alien lawfully admitted
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for permanent residence upon filing an application for
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issuance of an immigrant visa under section 204 of that
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•S 358 IS
Act (8 U.S.C. 1154) or for adjustment of status to lawful
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permanent resident.
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(b) ADJUSTMENT OF STATUS.—If Cesar Carlos Silva
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Rodriguez enters the United States before the filing dead-
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line specified in subsection (c), Cesar Carlos Silva Rodri-
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guez shall be considered to have entered and remained
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lawfully and shall be eligible for adjustment of status
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under section 245 of the Immigration and Nationality Act
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(8 U.S.C. 1255) as of the date of the enactment of this
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Act.
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(c) APPLICATION AND PAYMENT OF FEES.—Sub-
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sections (a) and (b) shall apply only if the application for
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issuance of immigrant visas or the application for adjust-
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ment of status are filed with appropriate fees within two
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years after the date of the enactment of this Act.
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(d) REDUCTION OF IMMIGRANT VISA NUMBERS.—
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Upon the granting of immigrant visas or permanent resi-
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dence to Cesar Carlos Silva Rodriguez, the Secretary of
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State shall instruct the proper officer to reduce by one,
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during the current or next following fiscal year—
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(1) the total number of immigrant visas that
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are made available to natives of the country of birth
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of Cesar Carlos Silva Rodriguez under section
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203(a) of the Immigration and Nationality Act (8
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U.S.C. 1153(a)); or
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•S 358 IS
(2) if applicable, the total number of immigrant
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visas that are made available to natives of the coun-
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try of birth of Cesar Carlos Silva Rodriguez under
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section 202(e) of that Act (8 U.S.C. 1152(e)).
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(e) PAYGO.—The budgetary effects of this Act, for
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the purpose of complying with the Statutory Pay-As-You-
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Go Act of 2010, shall be determined by reference to the
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latest statement titled ‘‘Budgetary Effects of PAYGO
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Legislation’’ for this Act, submitted for printing in the
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Congressional Record by the Chairman of the Senate
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Budget Committee, provided that such statement has been
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submitted prior to the vote on passage.
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