,i #aacth ,,congress #ast ,session ,h4 ,r4 #cdca ,,in ,,the ,,house ,,of ,,representatives ,october #cj1 #bjac,mr4 ,o',rourke 7for himself and ,mr4 ,pearce7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to promote family unity1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,families ,united ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the rights and interests of ,u4,s4 citizens should be protected by our ,nation's immigration laws4 7#b7 ,it is the intent of ,congress to provide the ,attorney ,general and ,secretary of ,homeland ,security with the limited ability to provide fairness to the spouses1 children and parents of ,american citizens in immigration proceedings on a case-by-case basis4 #c4 ,rules of ,construction ,nothing in this ,act shall be construed-- 7#a7 to provide the ,attorney ,general or the ,secretary of ,homeland ,security with the ability to expand the discretionary authority beyond a case-by-case basis2 or 7#b7 to provide1 confirm or concur legalization or nationalization of persons covered under this ,act1 it is solely designed to address hardships incurred by a small minority of ,american families that are adversely affected by inadmissibility and deportation provisions that cause family separation4 #d4 ,waivers of inadmissibility 7a7 ,aliens who entered as children ,section #bab7;a77#i77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b77iii77 is amended by adding at the end the following3 7,,vi7 ,aliens who entered as children ,clause 7i7 shall not apply to an alien who is the beneficiary of an approved petition under #aja7;a77#ae77;,h7 and who has earned a baccalaureate or higher degree from a ,united ,states institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 and had not yet reached the age of #af years at the time of initial entry to the ,united ,states4 4 7b7 ,aliens unlawfully present ,section #bab7;a77#i77;,b77v7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha7;a77#i77;,b77v77 is amended-- 7#a7 by striking spouse or son or daughter and inserting spouse1 son1 daughter1 or parent2 7#b7 by striking extreme2 and 7#c7 by inserting 1 child1 after lawfully resident spouse4 7c7 ,previous immigration violations ,section #bab7;a77#i77;,c77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,c77i77 is amended by adding 1 other than an alien described in clause 7iii7 or 7iv7 of subparagraph 7,b71 after ,any alien4 7d7 ,false claims 7#a7 ,inadmissibility 7,a7 ,in general ,section #bab7;a77#f77;,c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#f77;,c77 is amended to read as follows3 7,c7 ,misrepresentation 7i7 ,in general ,any alien who1 by fraud or willfully misrepresenting a material fact1 seeks to procure 7or within the last #c years has sought to procure or has procured7 a visa1 other documentation1 or admission into the ,united ,states or other benefit provided under this ,act is inadmissible4 7ii7 ,falsely claiming citizenship 7,i7 ,inadmissibility ,subject to subclause 7,,ii71 any alien who knowingly misrepresents himself or herself to be a citizen of the ,united ,states for any purpose or benefit under this chapter 7including section #bgd;,a7 or any other ,federal or ,state law is inadmissible4 7,,ii7 ,special rule ,an alien shall not be inadmissible under this clause if the misrepresentation described in subclause 7,i7 was made by the alien when the alien-- 7aa7 was under #ah years of age2 or 7bb7 otherwise lacked the mental competence to knowingly misrepresent a claim of ,united ,states citizenship4 7iii7 ,waiver ,the ,attorney ,general or the ,secretary of ,homeland ,security may1 in the discretion of the ,attorney ,general or the ,secretary1 waive the application of clause 7i7 or 7ii77,i7 for an alien1 regardless whether the alien is within or outside the ,united ,states1 if the ,attorney ,general or the ,secretary find that a determination of inadmissibility to the ,united ,states for such alien would-- 7,i7 result in hardship to the alien or to the alien's parent1 spouse1 son1 or daughter who is a citizen of the ,united ,states or an alien lawfully admitted for permanent residence2 or 7,,ii7 in the case of a ,,vawa self-petitioner1 result in hardship to the alien or a parent or child of the alien who is a citizen of the ,united ,states1 an alien lawfully admitted for permanent residence1 or a qualified alien 7as defined in section #dca of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afda7;b7774 ,for purposes of this clause1 family separation in and of itself shall be deemed to be a hardship4 7iv7 ,limitation on review ,no court shall have jurisdiction to review a decision or action of the ,attorney ,general or the ,secretary regarding a waiver under clause 7iii74 4 7,b7 ,conforming amendment ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by striking subsection 7i74 7#b7 ,deportability ,section #bcg7;a77#c77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#c77;,d77 is amended to read as follows3 7,d7 ,falsely claiming citizenship ,any alien described in section #bab7;a77#f77;,c77ii7 is deportable4 4 7e7 ,definition of ,conviction 7#a7 ,section #aja7;a77#dh7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dh77 is amended by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,the term conviction means1 with respect to an alien1 a final1 formal judgment of guilt entered by a court4 ,where a ,state or ,federal court enters an adjudication or judgment of guilt that has been withheld1 deferred1 expunged1 annulled1 invalidated or vacated1 or enters an order of probation without entry of judgment1 or any similar disposition under ,state or ,federal law such judgment or adjudication shall not be considered a conviction for purposes of this ,act4 7,b7 ,any pardon entered by a ,state or ,federal authority shall render the prior conviction null and void for all purposes under this ,act4 7,c7 ,any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law4 ,the suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this ,act4 4 7#b7 ,effective ,date and ,application ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to convictions and sentences entered before1 on1 or after the date of the enactment of this ,act4 #e4 ,discretionary authority with respect to removal1 deportation1 ineligibility or inadmissibility of citizen and resident immediate family members 7a7 ,applications for relief from removal ,section #bdj7;c77#d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#d77 is amended by adding at the end the following3 7,d7 ,judicial discretion ,in the case of an alien subject to removal1 deportation1 ineligibility or inadmissibility1 the immigration judge may exercise discretion to decline to order the alien removable1 deportable1 ineligible or inadmissible from the ,united ,states and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal1 deportation1 ineligibility or inadmissibility is against the public interest or would result in hardship to the alien's ,united ,states citizen or lawful permanent resident parent1 spouse1 or child1 or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines-- 7i7 is inadmissible or deportable under-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 or 7,i7 of section #bab7;a77#b72 7,,ii7 section #bab7;a77#c72 7,,iii7 subparagraph 7,a71 7,c71 or 7,d7 of section #bab7;a77#aj72 or 7,,iv7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 7#d71 or 7#f7 of section #bcg7;a72 or 7ii7 has-- 7,i7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 or 7,,ii7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction4 ,for purposes of this subparagraph1 family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest4 4 7b7 ,secretary's discretion ,section #bab of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by adding at the end the following3 7u7 ,secretary's discretion ,in the case of an alien who is inadmissible under this section or deportable under section #bcg or ineligible under any provision of this ,act1 the ,secretary of ,homeland ,security may exercise discretion to waive a ground of ineligibility1 inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the ,secretary determines that such ineligibility1 removal or refusal of admission is against the public interest or would result in hardship1 including family separation1 to the alien's ,united ,states citizen or permanent resident parent1 spouse1 or child4 ,for purposes of this subsection1 family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest4 ,this subsection shall not apply to an alien whom the ,secretary determines-- 7#a7 is inadmissible or deportable under-- 7,a7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,h71 or 7,i7 of subsection 7a77#b72 7,b7 subsection 7a77#c72 7,c7 subparagraph 7,a71 7,c71 or 7,d7 of subsection 7a77#aj72 7,d7 paragraph 7#b77;,a77ii71 7#b77;,a77v71 7#b77;,f71 or 7#f7 of section #bcg7;a72 or 7,e7 section #bdj7;c77#d77;,d77ii77,,ii72 or 7#b7 has-- 7,a7 engaged in conduct described in paragraph 7#h7 or 7#i7 of section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 7,b7 a felony conviction described in section #aja7;a77#dc7 that would have been classified as an aggravated felony at the time of conviction2 4 7c7 ,reinstatement of removal orders ,section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e77 is amended by striking the period at the end and inserting 1 unless the alien reentered prior to attaining the age of #ah years1 or reinstatement of the prior order of removal would not be in the public interest or would result in hardship1 including family separation1 to the alien's ,united ,states citizen or permanent resident parent1 spouse1 or child44