,i #aacth ,,congress #ast ,session ,h4 ,r4 #idd ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjac ,mr4 ,garcia introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for eligibility for relief from removal for certain ,venezuelans4 #a4 ,short title ,this ,act may be cited as the ,venezuelan ,liberty ,act4 #b4 ,adjustment of status of certain ,venezuelans 7a7 ,adjustment of status 7#a7 ,in general ,the status of any alien described in subsection 7b7 shall be adjusted by the ,secretary of ,homeland ,security to that of an alien lawfully admitted for permanent residence1 if the alien-- 7,a7 applies for such adjustment before ,april #a1 #bjad2 and 7,b7 is otherwise admissible to the ,united ,states for permanent residence1 except in determining such admissibility the grounds for inadmissibility specified in paragraphs 7#d71 7#e71 7#f77;,a71 7#g77;,a71 and 7#i77;,b7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply4 7#b7 ,rules in applying certain provisions ,in the case of an alien described in subsection 7b7 or 7d7 who is applying for adjustment of status under this section-- 7,a7 the provisions of section #bda7;a77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#e77 shall not apply2 and 7,b7 the ,secretary of ,homeland ,security may grant the alien a waiver on the grounds of inadmissibility under subparagraphs 7,a7 and 7,c7 of section #bab7;a77#i7 of such ,act 7#h ,u4,s4,c4 #aahb7;a77#i774 ,in granting waivers under subparagraph 7,b71 the ,secretary shall use standards used in granting consent under subparagraphs 7,a77iii7 and 7,c77ii7 of such section #bab7;a77#i74 7#c7 ,relationship of application to certain orders ,an alien present in the ,united ,states who has been ordered excluded1 deported1 removed1 or ordered to depart voluntarily from the ,united ,states under any provision of the ,immigration and ,nationality ,act may1 notwithstanding such order1 apply for adjustment of status under paragraph 7#a74 ,such an alien may not be required1 as a condition of submitting or granting such application1 to file a separate motion to reopen1 reconsider1 or vacate such order4 ,if the ,secretary of ,homeland ,security grants the application1 the ,attorney ,general shall cancel the order4 ,if the ,secretary of ,homeland ,security renders a final administrative decision to deny the application1 the order shall be effective and enforceable to the same extent as if the application had not been made4 7b7 ,aliens eligible for adjustment of status 7#a7 ,in general ,the benefits provided by subsection 7a7 shall apply to any alien who is a national of ,venezuela and who has been physically present in the ,united ,states for a continuous period1 beginning on a date during the required presence period and ending on the date the application for adjustment under such subsection is adjudicated1 except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence1 or absences1 from the ,united ,states for any periods not exceeding #ahj days4 7#b7 ,proof of commencement of continuous presence ,for purposes of establishing that the period of continuous physical presence referred to in paragraph 7#a7 commenced during the required presence period1 an alien-- 7,a7 shall demonstrate that the alien1 during the required presence period-- 7i7 applied to the ,secretary of ,homeland ,security for asylum2 7ii7 was issued an order to show cause under the ,immigration and ,nationality ,act2 7iii7 was placed in exclusion1 deportation1 or removal proceedings under such ,act2 7iv7 applied for adjustment of status under section #bde of such ,act 7#h ,u4,s4,c4 #abee72 7v7 applied to the ,secretary of ,homeland ,security for employment authorization2 7vi7 performed service1 or engaged in a trade or business1 within the ,united ,states which is evidenced by records maintained by the ,commissioner of ,social ,security2 or 7vii7 applied for any other benefit under the ,immigration and ,nationality ,act by means of an application establishing the alien's presence in the ,united ,states during the required presence period2 or 7,b7 shall make such other demonstration of physical presence as the ,secretary of ,homeland ,security may provide for by regulation4 7c7 ,stay of removal2 work authorization 7#a7 ,in general ,the ,secretary of ,homeland ,security shall provide by regulation for an alien subject to a final order of removal to seek a stay of such order based on the filing of an application under subsection 7a74 7#b7 ,during certain proceedings ,notwithstanding any provision of the ,immigration and ,nationality ,act1 the ,attorney ,general shall not order any alien to be removed from the ,united ,states if the alien is in removal proceedings under any provision of such ,act and has applied for adjustment of status under subsection 7a71 except where the ,secretary of ,homeland ,security has rendered a final administrative determination to deny the application4 7#c7 ,work authorization ,the ,secretary of ,homeland ,security may authorize an alien who has applied for adjustment of status under subsection 7a7 to engage in employment in the ,united ,states during the pendency of such application and may provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment1 except that if such application is pending for a period exceeding #ahj days1 and has not been denied1 the ,secretary of ,homeland ,security shall authorize such employment4 7d7 ,adjustment of status for spouses and children 7#a7 ,in general ,the status of an alien shall be adjusted by the ,secretary of ,homeland ,security to that of an alien lawfully admitted for permanent residence1 if-- 7,a7 the alien is a national of ,venezuela2 7,b7 the alien-- 7i7 is the spouse1 child1 or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection 7a71 except that in the case of such an unmarried son or daughter1 the son or daughter shall be required to establish that the son or daughter has been physically present in the ,united ,states for a continuous period beginning on a date during the required presence period and ending on the date on which the application for adjustment under this subsection is adjudicated2 or 7ii7 was1 at the time at which an alien filed for adjustment under subsection 7a71 the spouse or child of an alien whose status is adjusted1 or was eligible for adjustment1 to that of an alien lawfully admitted for permanent residence under subsection 7a71 and the spouse1 child1 or child of the spouse has been battered or subjected to extreme cruelty by the alien that filed for adjustment under subsection 7a72 7,c7 the alien applies for such adjustment and is physically present in the ,united ,states on the date the application is filed2 7,d7 the alien is otherwise admissible to the ,united ,states for permanent residence1 except in determining such admissibility the grounds for inadmissibility specified in paragraphs 7#d71 7#e71 7#f77;,a71 7#g77;,a71 and 7#i77;,b7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply2 and 7,e7 applies for such adjustment before ,april #a1 #bjad4 7#b7 ,proof of continuous presence ,for purposes of establishing the period of continuous physical presence referred to in paragraph 7#a77;,b71 an alien-- 7,a7 shall demonstrate that such period commenced during the required presence period in a manner consistent with subsection 7b77#b72 and 7,b7 shall not be considered to have failed to maintain continuous physical presence by reason of an absence1 or absences1 from the ,united ,states for any period not exceeding #ahj days4 7e7 ,availability of administrative review ,the ,secretary of ,homeland ,security shall provide to applicants for adjustment of status under subsection 7a7 the same right to1 and procedures for1 administrative review as are provided to applicants for adjustment of status under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee74 7f7 ,no offset in number of visas available ,when an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section1 the ,secretary of ,state shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the ,immigration and ,nationality ,act4 7g7 ,definition ,for purposes of this ,act1 the term required presence period means the period beginning on ,february #b1 #aiii1 and ending on ,march #d1 #bjac4 7h7 ,application of ,immigration and ,nationality ,act provisions ,except as otherwise specifically provided in this section1 the definitions contained in the ,immigration and ,nationality ,act shall apply in the administration of this section4 ,nothing contained in this section shall be held to repeal1 amend1 alter1 modify1 affect1 or restrict the powers1 duties1 functions1 or authority of the ,secretary of ,homeland ,security in the administration and enforcement of such ,act or any other law relating to immigration1 nationality1 or naturalization4 ,the fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible4