text: SECTION 1. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS.
  
      (a) Adjustment of Status.--
              (1) In general.--Notwithstanding section 245(c) of the 
          Immigration and Nationality Act, the status of any alien 
          described in paragraph (2) shall be adjusted by the Attorney 
          General to that of an alien lawfully admitted for permanent 
          residence, if the alien--
                      (A) applies for such adjustment before April 1, 
                  2005; and
                      (B) 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 inadmissibility specified 
                  in paragraphs (4), (5), (6)(A), and (7)(A) of section 
                  212(a) of the Immigration and Nationality Act shall not 
                  apply.
              (2) Relationship of application to certain orders.--An 
          alien present in the United States who has been ordered 
          excluded, deported, 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 Attorney General grants the application, the 
          Attorney General shall cancel the order. If the Attorney 
          General 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 Haiti--
              (1) who was physically present in the United States on 
          December 1, 1995; 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 
          subsection 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 Attorney General shall provide by 
          regulation for an alien subject to a final order of 
          deportation, removal, or exclusion 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, the Attorney 
          General shall not order any alien to be removed from the United 
          States, if the alien is in exclusion, deportation, or 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 
          Attorney General has rendered a final administrative 
          determination to deny the application.
              (3) Work authorization.--The Attorney General 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 Attorney 
          General 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, the status of an alien shall 
          be adjusted by the Attorney General 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 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 Attorney General 
  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; or
              (2) aliens subject to removal proceedings under section 240 
          of such Act.
      (f) Limitation on Judicial Review.--A determination by the Attorney 
  General as to whether the status of any alien should be adjusted under 
  this subsection 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 section, 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 section. Nothing contained in this 
  section shall be held to repeal, amend, alter, modify, effect, or 
  restrict the powers, duties, functions, or authority of the Attorney 
  General 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: Provides for the adjustment to permanent resident status of certain Haitian nationals (and spouses and children).
feat_title: To adjust the immigration status of certain Haitian nationals.