Sec. 8. Adjustment to lawful permanent resident status of certain nationals of the PRC
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Subject to subsection (c)(1), if an alien described in subsection
(b)applies for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) during the period described in subsection (e)(2) of such section— the alien shall be deemed to have had a petition approved under section 204(a) of such Act ( 8 U.S.C. 1154(a) ) for classification under section 203(b)(3)(A)(i) of such Act ( 8 U.S.C. 1153(b)(3)(A)(i) ); the application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed; in determining the alien’s admissibility as an immigrant and the alien’s eligibility for an immigrant visa— subsections (a)(5), (a)(7)(A), and
(e)of section 212 of such Act ( 8 U.S.C. 1182 ) shall not apply; and the Attorney General may waive any other provision of section 212(a) of such Act (other than paragraphs (2)(C), (3)(A), (3)(C), and (3)(E) of such section) with respect to such adjustment for humanitarian purposes, to ensure family unity, or if otherwise in the public interest; the numerical limitation under section 202(a)(2) of such Act ( 8 U.S.C. 1152(a)(2) ) shall not apply; and section 245(c) of such Act ( 8 U.S.C. 1255(c) ) shall not apply. An alien is described in this subsection if the alien— faces a fear of persecution on account of his or her political opinion by the Government of the PRC or Hong Kong authorities; was born in, or has been a resident or permanent resident of, Hong Kong for at least 10 years; has initiated permanent residence in the United States (other than brief, casual, and innocent absences) during the period beginning June 1, 2019, and ending on the date that is 5 years after the date of the enactment of this Act; and was not physically present in the PRC for longer than 90 days after the date he or she established such permanent residence. Subsection
(a)shall not apply to any alien if the Secretary of State determines and certifies to Congress, before the first day of the period referred to in subsection (a), that conditions in the PRC permit aliens described in subsection
(b)to return to such the PRC in safety. If the President does not made the certification described in paragraph
(1)before the first day of the period referred to in subsection (a), the Secretary of Homeland Security, subject to the availability of appropriations, shall— immediately broadly disseminate information respecting the benefits available under this section to aliens described in subsection (b); and to the extent practicable, provide notice of such benefits to the last known mailing address of each such alien. Aliens provided immigrant visas under this section shall not be counted against any numerical limitation under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153).
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Sec. 8
Adjustment to lawful permanent resident status of certain nationals of the PRC
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