Sec. 1109. Admission of refugees and asylees as lawful permanent residents
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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 2022 . 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 (a), or who adjust their status pursuant to paragraph
(2)of such section, as amended by subsection (a), shall be considered to be refugees and aliens granted asylum for purposes of 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(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. . This section, and the amendments made by this section, shall take effect on the earlier of— the date that is 180 days after the date of the enactment of this Act; or the date on which a final rule is promulgated to implement this section and the amendments made by this section.
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Sec. 1109
Admission of refugees and asylees as lawful permanent residents
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