H.R. 1071 would provide the nonimmigrant spouses and children of nonimmigrant aliens who perished in the September 11 terrorist attacks an opportunity to adjust their status to that of an alien lawfully admitted for permanent residence.
Detailed Summary
September 11 Family Humanitarian Relief and Patriotism Act - (Sec. 2) Provides permanent resident status adjustment for an applicant alien who was: (1) lawfully present in the United States on September 10, 2001, and on such date was the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001.
Waives specified grounds of inadmissibility. Provides for: (1) stay of removal; (2) work authorization; and (3) availability of administrative review.
Requires that applications be filed within two years after the Secretary of Homeland Security promulgates final implementing regulations.
Authorizes an alien who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States to apply for such status adjustment. Prohibits such alien from being required to file a separate motion to reopen exclusion, deportation, or removal proceedings.
(Sec. 3) Provides cancellation of removal and permanent resident status adjustment for an applicant alien who was: (1) on September 10, 2001, the spouse, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States; and (2) deemed to be a beneficiary of, and by, the September 11th Victim Compensation Fund of 2001.
Provides for: (1) stay of removal; (2) work authorization; and (3) authority to file one motion to reopen exclusion, deportation or removal proceedings in order to apply for such relief.
(Sec. 4) Makes the provisions of this Act inapplicable to an alien who is: (1) inadmissible or deportable under criminal or security grounds, including September 11, 2001, terrorist activity; or (2) a family member of such an alien.
(Sec. 5) Directs the Secretary and the Attorney General to use the standards established under the USA PATRIOT Act of 2001 in determining whether death occurred as a direct result of the September 11, 2001, terrorist attacks against the United States.
(Sec. 6) Defines terms.
Status of the Legislation
Latest Major Action: 10/3/2008: Placed on the Union Calendar, Calendar No. 584.
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