Sec. 17. Protection of stateless persons in the United States
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Chapter 1 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by adding at the end the following: In this section, the term de jure stateless person means an individual who is not considered a national under the laws of any country. Individuals who have lost their nationality as a result of their voluntary action or knowing inaction after arrival in the United States shall not be considered de jure stateless persons. The Secretary of Homeland Security, in consultation with the Secretary of State, may, in the discretion of the Secretary, designate specific groups of individuals who are considered de jure stateless persons, for purposes of this section.
The Secretary of Homeland Security or the Attorney General may, in his or her discretion, provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the United States if the alien— is a de jure stateless person; applies for such relief; is not inadmissible under paragraph
(2)or
(3)of section 212(a); and is not described in section 241(b)(3)(B)(i). The provisions under paragraphs (4), (5), (6)(A), (7)(A), and
(9)of section 212(a) shall not be applicable to any alien seeking relief under paragraph (1). The Secretary of Homeland Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or
(E)of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or if it is otherwise in the public interest. Any alien who seeks relief under this section shall submit to the Secretary of Homeland Security or the Attorney General— any passport or travel document issued at any time to the alien (whether or not the passport or document has expired or been cancelled, rescinded, or revoked); or an affidavit, sworn under penalty of perjury— stating that the alien has never been issued a passport or travel document; or identifying with particularity any such passport or travel document and explaining why the alien cannot submit it. The Secretary of Homeland Security may— authorize an alien who has applied for relief under paragraph
(1)to engage in employment in the United States while such application is being considered; and provide such applicant with an employment authorized endorsement or other appropriate document signifying authorization of employment. The spouse or child of an alien who has been granted conditional lawful status under paragraph
(1)shall, if not otherwise eligible for admission under paragraph (1), be granted conditional lawful status under this section if accompanying, or following to join, such alien if— the spouse or child is admissible (except as otherwise provided in paragraph (2)); and the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status. At the end of the 5-year period beginning on the date on which an alien has been granted conditional lawful status under subsection (b), the alien may apply for lawful permanent residence in the United States if— the alien has been physically present in the United States for at least 5 years; the alien's conditional lawful status has not been terminated by the Secretary of Homeland Security or the Attorney General, pursuant to such regulations as the Secretary or the Attorney General may prescribe; and the alien has not otherwise acquired permanent resident status. The Secretary of Homeland Security or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, may adjust the status of an alien granted conditional lawful status under subsection
(b)to that of an alien lawfully admitted for permanent residence if such alien— is a de jure stateless person; properly applies for such adjustment of status; has been physically present in the United States for at least 5 years after being granted conditional lawful status under subsection (b); is not firmly resettled in any foreign country; and is admissible (except as otherwise provided under subsection (b)(2)) as an immigrant under this chapter at the time of examination of such alien for adjustment of status. Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date that is 5 years before the date of such approval. In determining an alien's eligibility for lawful conditional status or adjustment of status under this subsection, the Secretary of Homeland Security or the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General. No appeal shall lie from the denial of an application by the Secretary, but such denial will be without prejudice to the alien’s right to renew the application in proceedings under section 240. Notwithstanding any limitation imposed by law on motions to reopen removal, deportation, or exclusion proceedings, any individual who is eligible for relief under this section may file a motion to reopen removal or deportation proceedings in order to apply for relief under this section. Any such motion shall be filed not later than the later of— 2 years after the date of the enactment of the Refugee Protection Act of 2013 ; or 90 days after the date of entry of a final administrative order of removal, deportation, or exclusion. The provisions of this section shall only apply to aliens present in the United States. Nothing in this section may be construed to authorize or require— the admission of any alien to the United States; the parole of any alien into the United States; or the grant of any motion to reopen or reconsider filed by an alien after departure or removal from the United States. . Section 242(a)(2)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1252(a)(2)(B)(ii) ) is amended by inserting or 210A after 208(a) . The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 210 the following: Sec. 210A. Protection of stateless persons in the United States. .
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