What This Bill Does
This bill grants permanent resident status to Mykhaylo Gnatyuk and Melnik Gnatyuk. They can get an immigrant visa or adjust their status to become lawfully admitted permanent residents if they meet certain conditions.
Who It Affects
Mykhaylo Gnatyuk and Melnik Gnatyuk. The Secretary of State. The country where these two individuals were born.
Key Provisions
• Mykhaylo Gnatyuk and Melnik Gnatyuk can each apply for an immigrant visa or adjust their status to permanent resident despite normal visa restrictions (Sec. 1(a))
• If they enter the United States before the filing deadline, they are considered to have entered and stayed lawfully and can adjust their status if otherwise eligible (Sec. 1(b))
• They must file their application and pay required fees within 2 years after this law is enacted (Sec. 1(c))
• When these two people receive permanent resident status, the Secretary of State must reduce by 2 the number of immigrant visas available to natives of their birth country in that fiscal year or the next one (Sec. 1(d))
• Their natural parents, brothers and sisters cannot receive any immigration benefits or special status because of their relationship to these two individuals (Sec. 1(e))
What Changes
If this bill becomes law, Mykhaylo Gnatyuk and Melnik Gnatyuk can pursue permanent resident status outside of normal visa limits. Their relatives lose the ability to claim immigration benefits based on family connection to them.
Important Definitions
None defined in bill text.
V
118TH CONGRESS
1ST SESSION
H. R. 738
For the relief of Mykhaylo Gnatyuk and Melnik Gnatyuk.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 1, 2023
Mr. DAVIS of Illinois introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
For the relief of Mykhaylo Gnatyuk and Melnik Gnatyuk.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION
1.
PERMANENT
RESIDENT
STATUS
FOR
3
MYKHAYLO
GNATYUK
AND
MELNIK
4
GNATYUK.
5
(a) IN GENERAL.—Notwithstanding subsections (a)
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and (b) of section 201 of the Immigration and Nationality
7
Act, Mykhaylo Gnatyuk and Melnik Gnatyuk shall each
8
be eligible for issuance of an immigrant visa or for adjust-
9
ment of status to that of an alien lawfully admitted for
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permanent residence upon filing an application for
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issuance of an immigrant visa under section 204 of such
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•HR 738 IH
Act or for adjustment of status to lawful permanent resi-
1
dent.
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(b) ADJUSTMENT OF STATUS.—If Mykhaylo Gnatyuk
3
or Melnik Gnatyuk enters the United States before the
4
filing deadline specified in subsection (c), he or she shall
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be considered to have entered and remained lawfully and
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shall, if otherwise eligible, be eligible for adjustment of
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status under section 245 of the Immigration and Nation-
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ality Act as of the date of the enactment of this Act.
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(c) DEADLINE FOR APPLICATION AND PAYMENT OF
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FEES.—Subsections (a) and (b) shall apply only if the ap-
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plication for issuance of an immigrant visa or the applica-
12
tion for adjustment of status is filed with appropriate fees
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within 2 years after the date of the enactment of this Act.
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(d) REDUCTION OF IMMIGRANT VISA NUMBER.—
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Upon the granting of an immigrant visa or permanent res-
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idence to Mykhaylo Gnatyuk and Melnik Gnatyuk, the
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Secretary of State shall instruct the proper officer to re-
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duce by 2, during the current or next following fiscal year,
19
the total number of immigrant visas that are made avail-
20
able to natives of the country of the aliens’ birth under
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section 203(a) of the Immigration and Nationality Act or,
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if applicable, the total number of immigrant visas that are
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made available to natives of the country of the aliens’ birth
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under section 202(e) of such Act.
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(e)
DENIAL
OF
PREFERENTIAL
IMMIGRATION
1
TREATMENT
FOR CERTAIN RELATIVES.—The natural
2
parents, brothers, and sisters of Mykhaylo Gnatyuk and
3
Melnik Gnatyuk shall not, by virtue of such relationship,
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be accorded any right, privilege, or status under the Immi-
5
gration and Nationality Act.
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Æ
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