Family Reunification Act of 2021

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Family Reunification 4 Act of 2021’’. 5 VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3493 IH SEC. 2. EXTENSION OF THE APPLICATION PERIOD FOR 1 CERTAIN ALIENS PRESENT IN THE UNITED 2 STATES FOR ADJUSTMENT OF STATUS. 3 Section 245(i)(1) of the Immigration and Nationality 4 Act (8 U.S.C. 1255(i)(1)) is amended— 5 (1) in subparagraph (A), by adding ‘‘and’’ at 6 the end; 7 (2) in subparagraph (B)— 8 (A) in clause (i), by striking ‘‘or before 9 April 30, 2001’’; and 10 (B) in clause (ii), by striking ‘‘on or before 11 such date; and’’ and inserting a period; and 12 (3) by striking subparagraph (C). 13 SEC. 3. DEPOSIT OF CERTAIN FUNDS. 14 Section 245(i)(3) of the Immigration and Nationality 15 Act (8 U.S.C. 1255(i)(3)) is amended by striking 16 ‘‘Breached Bond/Detention Fund established under sec- 17 tion 286(r), except that in the case of fees attributable 18 to applications for a beneficiary with respect to whom a 19 petition for classification, or an application for labor cer- 20 tification, described in paragraph (1)(B) was filed after 21 January 14, 1998, one-half of such remaining portion 22 shall be deposited by the Attorney General into the’’. 23 VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3493 IH SEC. 4. LIMITATION ON REMOVAL. 1 Section 245 of the Immigration and Nationality Act 2 (8 U.S.C. 1255) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(n) An alien who is the beneficiary (including a 5 spouse or child of the principal alien, if eligible to receive 6 a visa under section 203(d)) of a petition for classification 7 under section 204 that was filed with the Secretary of the 8 Department of Homeland Security and that is prima facie 9 eligible for approval may not be removed while such peti- 10 tion or application is being adjudicated or appealed.’’. 11 SEC. 5. V NONIMMIGRANT VISAS. 12 (a) NONIMMIGRANT ELIGIBILITY.—Section 13 101(a)(15)(V) of the Immigration and Nationality Act (8 14 U.S.C. 1101(a)(15)(V)) is amended to read as follows: 15 ‘‘(V) subject to section 214(q)(1), a noncit- 16 izen who is the beneficiary of an approved peti- 17 tion under section 203(a) or 245B.’’. 18 (b) EMPLOYMENT AND PERIOD OF ADMISSION OF 19 NONIMMIGRANTS DESCRIBED IN SECTION 20 101(a)(15)(V).—Section 214(q)(1) of the Immigration 21 and Nationality Act (8 U.S.C. 1184(q)(1)) is amended to 22 read as follows: 23 ‘‘(q) NONIMMIGRANTS DESCRIBED IN SECTION 24 101(a)(15)(V).— 25 ‘‘(1) CERTAIN SONS AND DAUGHTERS.— 26 VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3493 IH ‘‘(A) EMPLOYMENT AUTHORIZATION.—The 1 Secretary shall— 2 ‘‘(i) authorize a nonimmigrant admit- 3 ted pursuant to section 101(a)(15)(V) to 4 engage in employment in the United States 5 during the period of such nonimmigrant’s 6 authorized admission; and 7 ‘‘(ii) provide the nonimmigrant with 8 an ‘employment authorized’ endorsement 9 or other appropriate document signifying 10 authorization of employment. 11 ‘‘(B) TERMINATION OF ADMISSION.—The 12 period of authorized admission for a non- 13 immigrant admitted pursuant to section 14 101(a)(15)(V) shall terminate 30 days after the 15 date on which— 16 ‘‘(i) the nonimmigrant’s application 17 for an immigrant visa pursuant to the ap- 18 proval of a petition under section 203(a) is 19 denied; or 20 ‘‘(ii) the nonimmigrant’s application 21 for adjustment of status under section 22 245, 245B, or 245C pursuant to the ap- 23 proval of such a petition is denied. 24 ‘‘(C) PUBLIC BENEFITS.— 25 VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 3493 IH ‘‘(i) IN GENERAL.—A noncitizen who 1 is lawfully present in the United States 2 pursuant to section 101(a)(15)(V) is not 3 eligible for any means-tested public bene- 4 fits (as such term is defined and imple- 5 mented in section 403 of the Personal Re- 6 sponsibility and Work Opportunity Rec- 7 onciliation Act of 1996 (8 U.S.C. 1613)). 8 ‘‘(ii) HEALTH CARE COVERAGE.—A 9 noncitizen admitted under section 10 101(a)(15)(V)— 11 ‘‘(I) is not entitled to the pre- 12 mium assistance tax credit authorized 13 under section 36B of the Internal 14 Revenue Code of 1986 for his or her 15 health insurance coverage; 16 ‘‘(II) shall be subject to the rules 17 applicable to individuals not lawfully 18 present that are set forth in sub- 19 section (e) of such section; 20 ‘‘(III) shall be subject to the 21 rules applicable to individuals not law- 22 fully present set forth in section 23 1402(e) of the Patient Protection and 24 VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 3493 IH Affordable Care Act (42 U.S.C. 1 18071(e)); and 2 ‘‘(IV) shall be subject to the 3 rules applicable to individuals not law- 4 fully present set forth in section 5 5000A(d)(3) of the Internal Revenue 6 Code of 1986.’’. 7 (c) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect on the first day of the first 9 fiscal year beginning after the date of the enactment of 10 this Act. 11 Æ VerDate Sep 11 2014 20:29 Jul 08, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3493.IH H3493 pamtmann on DSKBC07HB2PROD with BILLS