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Code · BILL · 119th Congress · H.R. 3227 (Introduced in House) — To amend the Immigration and Nationality Act to provide for terms and conditions for nonimmigrant workers performing... · Sec. 125

Sec. 125. Limitation on removal

300 words·~1 min read·/bill/119/hr/3227/ih/section-125·

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An alien who appears to be prima facie eligible for status under this title shall be given a reasonable opportunity to apply for such status. Such an alien may not be placed in removal proceedings or removed from the United States until a final administrative decision establishing ineligibility for such status is rendered. Notwithstanding any other provision of the law, the Attorney General shall (upon motion by the Secretary with the consent of the alien, or motion by the alien) terminate removal proceedings, without prejudice, against an alien who appears to be prima facie eligible for status under this title, and provide such alien a reasonable opportunity to apply for such status.
An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for status under this title. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall notify the Attorney General of such approval, and the Attorney General shall cancel the order of removal.
If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien who departs the United States— with advance permission to return to the United States granted by the Secretary under this title; or after having been granted certified agricultural worker status or lawful permanent resident status under this title.
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Sec. 125
Limitation on removal
U.S.C.§ 1101
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