text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Liberian Refugee Immigration 
  Fairness Act of 2009''.
  
  SEC. 2. ADJUSTMENT OF STATUS.
  
      (a) Adjustment of Status.--
              (1) In general.--
                      (A) Eligibility.--Except as provided under 
                  subparagraph (B), the Secretary of Homeland Security 
                  shall adjust the status of an alien described in 
                  subsection (b) to that of an alien lawfully admitted 
                  for permanent residence, if the alien--
                              (i) applies for adjustment before April 1, 
                          2011; and
                              (ii) is otherwise eligible to receive an 
                          immigrant visa and admissible to the United 
                          States for permanent residence, except that, 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 (8 U.S.C. 
                          1182(a)) shall not apply.
                      (B) Ineligible aliens.--An alien shall not be 
                  eligible for adjustment of status under this section if 
                  the Secretary of Homeland Security determines that the 
                  alien has been convicted of--
                              (i) any aggravated felony (as defined in 
                          section 101(a)(43) of the Immigration and 
                          Nationality Act (8 U.S.C. 1101(a)(43)); or
                              (ii) 2 or more crimes involving moral 
                          turpitude.
              (2) Relationship of application to certain orders.--
                      (A) In general.--An alien present in the United 
                  States who has been subject to an order of exclusion, 
                  deportation, or removal, or has been 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) if otherwise qualified under 
                  such paragraph.
                      (B) Separate motion not required.--An alien 
                  described in subparagraph (A) may not be required, as a 
                  condition of submitting or granting such application, 
                  to file a separate motion to reopen, reconsider, or 
                  vacate the order described in subparagraph (A).
                      (C) Effect of decision by secretary.--If the 
                  Secretary of Homeland Security grants an application 
                  under paragraph (1), the Secretary shall cancel the 
                  order described in subparagraph (A). If the Secretary 
                  of Homeland Security makes a final 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.--
              (1) In general.--The benefits provided under subsection (a) 
          shall apply to any alien--
                      (A) who is--
                              (i) a national of Liberia; and
                              (ii) has been continuously present in the 
                          United States from January 1, 2009, through the 
                          date of application under subsection (a); or
                      (B) who is the spouse, child, or unmarried son or 
                  daughter of an alien described in subparagraph (A).
              (2) Determination of continuous physical presence.--For 
          purposes of establishing the period of continuous physical 
          presence referred to in paragraph (1), an alien shall not be 
          considered to have failed to maintain continuous physical 
          presence by reasons of an absence, or absences, from the United 
          States for any period or periods amounting in the aggregate to 
          not more than 180 days.
      (c) Stay of Removal.--
              (1) In general.--The Secretary of Homeland Security shall 
          provide by regulation for an alien who is subject to a final 
          order of deportation or 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 in the Immigration and Nationality Act, the Secretary 
          of Homeland Security shall not order an 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 has applied for adjustment of status under subsection 
          (a), except where the Secretary of Homeland Security has made a 
          final determination to deny the application.
              (3) Work authorization.--
                      (A) In general.--The Secretary of Homeland Security 
                  may--
                              (i) 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
                              (ii) provide the alien with an ``employment 
                          authorized'' endorsement or other appropriate 
                          document signifying authorization of 
                          employment.
                      (B) Pending applications.--If an application for 
                  adjustment of status under subsection (a) is pending 
                  for a period exceeding 180 days and has not been 
                  denied, the Secretary of Homeland Security shall 
                  authorize such employment.
      (d) Record of Permanent Residence.--Upon the approval of an alien's 
  application for adjustment of status under subsection (a), the 
  Secretary of Homeland Security shall establish a record of the alien's 
  admission for permanent record as of the date of the alien's arrival in 
  the United States.
      (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); and
              (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 regarding the adjustment of status of 
  any alien under this section is final and shall not be subject to 
  review by any court.
      (g) No Offset in Number of Visas Available.--If 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 (8 U.S.C. 1101 et 
  seq.).
      (h) Application of Immigration and Nationality Act Provisions.--
              (1) Definitions.--Except as otherwise specifically provided 
          in this Act, the definitions contained in the Immigration and 
          Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this 
          section.
              (2) Savings provision.--Nothing in this Act may be 
          construed to repeal, amend, alter, modify, effect, or restrict 
          the powers, duties, function, or authority of the Secretary of 
          Homeland Security in the administration and enforcement of the 
          Immigration and Nationality Act or any other law relating to 
          immigration, nationality, or naturalization.
              (3) Effect of eligibility for adjustment of status.--
          Eligibility to be granted the status of having been lawfully 
          admitted for permanent residence under this section shall not 
          preclude an alien from seeking any status under any other 
          provision of law for which the alien may otherwise be eligible.
target: Liberian Refugee Immigration Fairness Act of 2009 - Adjusts to permanent resident status a qualifying Liberian national who: (1) has been continuously present in the United States from January 1, 2009, through the date of status adjustment application; or (2) is the spouse, child, or unmarried son or daughter of such an alien.
  
  Requires adjustment applications to be filed before April 1, 2011.
feat_title: A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.