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 stateless person means an individual who is not considered a national under the operation of the laws of any country. The Secretary of Homeland Security, in consultation with the Secretary of State, may, in the discretion of the Secretary of Homeland Security, designate specific groups of individuals who are considered stateless persons, for purposes of this section.
The Secretary of Homeland Security or the Attorney General shall provide lawful conditional resident status to an alien who— is a stateless person who is present in the United States; applies for such relief; has not lost his or her nationality as a result of voluntary action after arrival in the United States, unless the loss was the result of duress, coercion, or a reasonable expectation that he or she had acquired or would acquire another nationality or citizenship; and is not inadmissible under paragraph
(2)or
(3)of section 212(a) based on criminal or national security grounds and is not described in section 241(b)(3)(B)(i). The Secretary of Homeland Security or the Attorney General may waive any provisions under paragraph
(2)or
(3)of section 212(a) (other than subparagraph (B), (D)(ii), (E), (G), (H), or
(I)of paragraph
(2)or subparagraph (A), (B), (C), (E), or
(F)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 available passport or travel document issued at any time to the alien (whether or not the passport or document has expired or been canceled, rescinded, or revoked); or an affidavit, sworn under penalty of perjury— stating that the alien has never been issued a passport or travel document; or identifying with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 and is found prima facie eligible for or been granted relief under paragraph
(1)to engage in employment in the United States. Upon request, the Secretary of Homeland Security shall provide the conditional resident recognized under subsection
(b)with a document that facilitates the alien’s ability to travel abroad and be admitted to the United States upon return, if otherwise admissible. The spouse or child of an alien who has been granted lawful conditional resident status under paragraph
(1)shall, if not otherwise eligible for admission under paragraph (1), be granted lawful conditional resident status under this subsection if accompanying, or following to join, such alien if— the spouse or child is admissible (except as otherwise provided in paragraph (2)) and is not described in section 241(b)(3)(B)(i); 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 1-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 1 year; 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, shall 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 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); has not acquired permanent foreign residence that is substantially likely to result in the acquisition of citizenship; 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 1 year before the date of such approval. Upon request, the Secretary of Homeland Security shall provide alien lawfully admitted for permanent residence under subsection
(c)with a document that facilitates the alien’s ability to travel abroad and be admitted to the United States upon return, if otherwise admissible. In determining an alien's eligibility for lawful conditional resident status or lawful permanent resident status under this section, the Secretary of Homeland Security or the Attorney General shall consider any credible evidence relevant to the application, including information from the Secretary of State, especially the Bureaus of Population Refugees and Migration and the Bureau of Democracy, Human Rights and Labor. In determining an alien’s eligibility for lawful conditional resident status or lawful permanent resident status under this section— the applicant shall provide a full and truthful account of his or her legal status in any nation in which the applicant was born or resided before entering the United States and submit all evidence reasonably available; and the Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge all available evidence regarding the applicant’s legal status in the nation of birth or prior residence. 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 proceedings in order to apply for relief under this section. Any motion under subparagraph
(A)shall be filed not later than the later of— 2 years after the date of the enactment of the Refugee Protection Act of 2016 ; or 90 days after the date of entry of a final administrative order of removal, deportation, or exclusion. No time or numerical limitation may be construed to restrict the filing of a motion to reopen under this section if such limitation is based on previously unavailable or changed facts or circumstances that would undermine an applicant’s access to nationality that was previously alleged by the Secretary of Homeland Security or the applicant. 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; or the parole of any alien into the United States. . Section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) ) is amended by inserting to aliens granted adjustment of status under section 210A(c) or after level, . 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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