,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bafa ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjag,mr4 ,curbelo of ,florida 7for himself1 ,mr4 ,soto1 ,ms4 ,ros-,lehtinen1 and ,ms4 ,wasserman ,schultz7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to adjust the immigration status of certain ,venezuelan nationals who are in the ,united ,states4 #a4 ,short title ,this ,act may be cited as the ,venezuelan ,refugee ,assistance ,act4 #b4 ,adjustment of status of certain ,venezuelan nationals 7a7 ,adjustment of status 7#a7 ,in general ,notwithstanding section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c771 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 ,january #a1 #bjba2 7,b7 is not inadmissible under paragraph 7#a71 7#b71 7#c71 7#d71 7#f77;,e71 7#f77;,g71 7#h71 7#aj77;,a71 7#aj77;,c71 or 7#aj77;,d7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 7,c7 is not deportable under paragraph 7#a77;,e71 7#a77;,g71 7#b71 7#d71 7#e71 or 7#f7 of section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a772 7,d7 has not ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 and 7,e7 has not been convicted of-- 7i7 any offense under ,federal or ,state law punishable by a maximum term of imprisonment of more than #a year2 or 7ii7 #c or more offenses under ,federal or ,state law1 for which the alien was convicted on different dates for each of the #c offenses and sentenced to imprisonment for an aggregate of #ij days or more4 7#b7 ,relationship of application to certain orders ,an alien present in the ,united ,states who has been ordered removed1 or ordered to depart voluntarily1 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 on submitting or granting such application1 to file a motion to reopen1 reconsider1 or vacate such order4 ,if the ,secretary of ,homeland ,security grants the application1 the ,secretary of ,homeland ,security 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 ,the benefits provided by subsection 7a7 shall apply to any alien who is a national of ,venezuela-- 7#a7 who was physically present in the ,united ,states on ,january #a1 #bjac2 and 7#b7 has been physically present in the ,united ,states for at least #a year and is physically present in the ,united ,states on the date the application for adjustment of status under this ,act is filed1 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 in the aggregate not exceeding #ahj days4 7c7 ,stay of removal 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 ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,secretary of ,homeland ,security shall not order any alien to be removed from the ,united ,states1 if the alien is in removal proceedings under any provision of such ,act and raises as a defense to such an order the eligibility of the alien to apply 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 ,notwithstanding section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c771 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 the spouse1 child1 or unmarried son or daughter1 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 they have been physically present in the ,united ,states for at least #a year2 7,b7 the alien applies for such adjustment and is physically present in the ,united ,states on the date the application is filed2 and 7,c7 the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the ,united ,states for permanent residence1 except in determining such admissibility the grounds for exclusion specified in paragraphs 7#d71 7#e71 7#f77;,a71 and 7#g77;,a7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 shall not apply4 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 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 in the aggregate 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-- 7#a7 applicants for adjustment of status under section #bde of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee72 or 7#b7 aliens subject to removal proceedings under section #bdj of such ,act 7#h ,u4,s4,c4 #abbi;a74 7f7 ,limitation on judicial review ,a determination by the ,secretary of ,homeland ,security as to whether the status of any alien should be adjusted under this ,act is final and shall not be subject to review by any court4 7g7 ,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 ,act1 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 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 ,act4 ,nothing contained in this ,act shall be held to repeal1 amend1 alter1 modify1 effect1 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