text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Venezuelan Refugee Assistance Act''.
  
  SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN VENEZUELAN NATIONALS.
  
      (a) Adjustment of Status.--
              (1) In general.--Notwithstanding section 245(c) of the 
          Immigration and Nationality Act (8 U.S.C. 1255(c)), the status 
          of any alien described in subsection (b) shall be adjusted by 
          the Secretary of Homeland Security to that of an alien lawfully 
          admitted for permanent residence, if the alien--
                      (A) applies for such adjustment before January 1, 
                  2019;
                      (B) is not inadmissible under paragraph (1), (2), 
                  (3), (4), (6)(E), (6)(G), (8), (10)(A), (10)(C), or 
                  (10)(D) of section 212(a) of the Immigration and 
                  Nationality Act (8 U.S.C. 1182(a));
                      (C) is not deportable under paragraph (1)(E), 
                  (1)(G), (2), (4), (5), or (6) of section 237(a) of such 
                  Act (8 U.S.C. 1227(a));
                      (D) has not ordered, incited, assisted, or 
                  otherwise participated in the persecution of any person 
                  on account of race, religion, nationality, membership 
                  in a particular social group, or political opinion; and
                      (E) has not been convicted of--
                              (i) any offense under Federal or State law 
                          punishable by a maximum term of imprisonment of 
                          more than 1 year; or
                              (ii) 3 or more offenses under Federal or 
                          State law, for which the alien was convicted on 
                          different dates for each of the 3 offenses and 
                          sentenced to imprisonment for an aggregate of 
                          90 days or more.
              (2) Relationship of application to certain orders.--An 
          alien present in the United States who has been ordered 
          removed, or ordered to depart voluntarily, from the United 
          States under any provision of the Immigration and Nationality 
          Act may, notwithstanding such order, apply for adjustment of 
          status under paragraph (1). Such an alien may not be required, 
          as a condition on submitting or granting such application, to 
          file a motion to reopen, reconsider, or vacate such order. If 
          the Secretary of Homeland Security grants the application, the 
          Secretary of Homeland Security shall cancel the order. If the 
          Secretary of Homeland Security renders a final administrative 
          decision to deny the application, the order shall be effective 
          and enforceable to the same extent as if the application had 
          not been made.
      (b) Aliens Eligible for Adjustment of Status.--The benefits 
  provided by subsection (a) shall apply to any alien who is a national 
  of Venezuela--
              (1) who was physically present in the United States on 
          January 1, 2013; and
              (2) has been physically present in the United States for at 
          least 1 year and is physically present in the United States on 
          the date the application for adjustment of status under this 
          Act is filed, except an alien shall not be considered to have 
          failed to maintain continuous physical presence by reason of an 
          absence, or absences, from the United States for any periods in 
          the aggregate not exceeding 180 days.
      (c) Stay of Removal.--
              (1) 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 (a).
              (2) During certain proceedings.--Notwithstanding any 
          provision of the Immigration and Nationality Act (8 U.S.C. 1101 
          et seq.), the Secretary of Homeland Security 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 
          raises as a defense to such an order the eligibility of the 
          alien to apply for adjustment of status under subsection (a), 
          except where the Secretary of Homeland Security has rendered a 
          final administrative determination to deny the application.
              (3) Work authorization.--The Secretary of Homeland Security 
          may authorize an alien who has applied for adjustment of status 
          under subsection (a) 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 
          employment, except that if such application is pending for a 
          period exceeding 180 days, and has not been denied, the 
          Secretary of Homeland Security shall authorize such employment.
      (d) Adjustment of Status for Spouses and Children.--
              (1) In general.--Notwithstanding section 245(c) of the 
          Immigration and Nationality Act (8 U.S.C. 1255(c)), the status 
          of an alien shall be adjusted by the Secretary of Homeland 
          Security to that of an alien lawfully admitted for permanent 
          residence, if--
                      (A) the alien is the spouse, child, or unmarried 
                  son or daughter, of an alien whose status is adjusted 
                  to that of an alien lawfully admitted for permanent 
                  residence under subsection (a), except that in the case 
                  of such an unmarried son or daughter, the son or 
                  daughter shall be required to establish that they have 
                  been physically present in the United States for at 
                  least 1 year;
                      (B) the alien applies for such adjustment and is 
                  physically present in the United States on the date the 
                  application is filed; and
                      (C) the alien is otherwise eligible to receive an 
                  immigrant visa and is otherwise admissible to the 
                  United States for permanent residence, except in 
                  determining such admissibility the grounds for 
                  exclusion specified in paragraphs (4), (5), (6)(A), and 
                  (7)(A) of section 212(a) of the Immigration and 
                  Nationality Act (8 U.S.C. 1182(a)) shall not apply.
              (2) Proof of continuous presence.--For purposes of 
          establishing the period of continuous physical presence 
          referred to in paragraph (1)(B), an alien shall not be 
          considered to have failed to maintain continuous physical 
          presence by reason of an absence, or absences, from the United 
          States for any periods in the aggregate not exceeding 180 days.
      (e) Availability of Administrative Review.--The Secretary of 
  Homeland Security shall provide to applicants for adjustment of status 
  under subsection (a) the same right to, and procedures for, 
  administrative review as are provided to--
              (1) applicants for adjustment of status under section 245 
          of the Immigration and Nationality Act (8 U.S.C. 1255); or
              (2) aliens subject to removal proceedings under section 240 
          of such Act (8 U.S.C. 1229a).
      (f) 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 court.
      (g) 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 Act, 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 Act.
      (h) Application of Immigration and Nationality Act Provisions.--
  Except as otherwise specifically provided in this section, the 
  definitions contained in the Immigration and Nationality Act shall 
  apply in the administration of this Act. Nothing contained in this Act 
  shall be held to repeal, amend, alter, modify, effect, or restrict the 
  powers, duties, functions, or authority of the Secretary of Homeland 
  Security in the administration and enforcement of such Act or any other 
  law relating to immigration, nationality, or naturalization. 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 eligible.
target: Venezuelan Refugee Assistance Act This bill provides for the status adjustment to permanent resident of a qualifying Venezuelan national who: (1) was physically present in the United States on January 1, 2013, (2) has been physically present in the United States for at least one year and is physically present in the United States on the date the status adjustment application is filed, (3) has not been convicted of specified crimes and was never involved in the persecution of others, and (4) applies for adjustment before January 1, 2019. Derivative adjustment of status is provided for the spouse, child, or certain unmarried sons or daughters of such alien.
feat_title: Venezuelan Refugee Assistance Act