Sec. 107. Admission of refugees and asylees as lawful permanent residents
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Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3) ), as amended by section 104(d), is further amended by adding at the end the following: An alien granted asylum under this subsection may petition for the same status to be conferred on his or her spouse or child at any time after such alien is granted asylum whether or not such alien has applied for, or been granted, adjustment to permanent resident status under section 209. Notwithstanding any numerical limitations under this Act, a spouse or child admitted to the United States as an asylee following to join a spouse or parent previously granted asylum may be regarded as lawfully admitted to the United States for permanent residence as of the date of the admission to the United States of such spouse or child admission to the United States, if admissible under section 209.
A spouse or child who was not admitted to the United States pursuant to a grant of asylum, but who was granted asylum under this subparagraph after his or her arrival as the spouse or child of an alien granted asylum under section 208, may apply for adjustment of status to that of lawful permanent resident under section 209 at any time after being granted asylum. . Section 209 of the Immigration and Nationality Act ( 8 U.S.C. 1159 ) is amended to read as follows: Any alien may be lawfully admitted to the United States for permanent residence at the time of initial admission to the United States if the alien— has been approved for admission to the United States— under section 207 or 208; or under section 208(b)(3) as the spouse or child of an alien granted asylum under section 208(b)(1); and is admissible under section 212 (except as otherwise provided in subsections
(b)and (c)). The Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General, and under such regulations as the Secretary or the Attorney General may prescribe, may adjust, to the status of an alien lawfully admitted to the United States for permanent residence, the status of any alien who, while in the United States— is granted— asylum under section 208(b) (as a principal alien or as the spouse or child of an alien granted asylum); or refugee status under section 207 as the spouse or child of a refugee; applies for such adjustment of status at any time after being granted asylum or refugee status; is not firmly resettled in any foreign country; and is admissible (except as otherwise provided under subsections
(b)and (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. This paragraph shall apply to any alien lawfully admitted for permanent residence under section 207 or 208 before the date of the enactment of the Refugee Protection Act of 2019 . 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 such alien was granted asylum or refugee status. Paragraphs (4), (5), and (7)(A) of section 212(a) shall not apply to— any refugee under section 207; any alien granted asylum under section 208; or any alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status. Except as provided in paragraph (2), the Secretary of Homeland Security or the Attorney General may waive any ground under section 212 or 237 for aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), if such a waiver is justified by humanitarian purposes, to ensure family unity, or is otherwise in the public interest. Aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), shall be ineligible for a waiver under paragraph
(1)if it has been established that the alien is— inadmissible under section 212(a)(2)(C) or subparagraph (A), (B), (C), or
(E)of section 212(a)(3); deportable under section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B); or deportable under subparagraph (A), (B), (C), or
(D)of section 237(a)(4). . Aliens admitted for lawful permanent residence pursuant to paragraph
(1)of section 209(a) of the Immigration and Nationality Act, as amended by subsection (b), or who adjust their status pursuant to paragraph
(2)of such section, shall be considered to be refugees and aliens granted asylum in accordance with sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 , 1613, 1622, and 1641). Section 201(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(B) ) is amended to read as follows: Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209. . Section 207(f)(1) of such Act ( 8 U.S.C. 1157(f)(1) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . Section 208(d)(3) of such Act ( 8 U.S.C. 1158(d)(3) ) is amended by striking section 209(b) and inserting section 209(a)(2) . Section 208(e) of such Act ( 8 U.S.C. 1158(e) ) is amended by striking section 209(b) and inserting section 209(a)(2) . The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following: Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asylum. .
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Sec. 107
Admission of refugees and asylees as lawful permanent residents
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