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TITLE II--FAIRNESS AND EQUITY IN CASES INVOLVING PREVIOUS AND MINOR MISCONDUCT

Subtitle A--Increased Fairness and Equity Concerning Removal Proceedings

SEC. 201. EQUITABLE DEFINITION OF `CRIME INVOLVING MORAL TURPITUDE'.

(a) CONVICTION OF CERTAIN CRIMES- Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking `of, or who admits having committed, or who admits committing acts which constitute the essential elements of--' and inserting `of--'.

(b) EXCEPTION- Section 212(a)(2)(A)(ii)(II) (8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended--

(1) by striking `the maximum' and all that follows through `such crime,'; and

(2) by striking `6 months' and inserting `1 year'.

SEC. 202. EQUITABLE APPLICATION AND DEFINITION OF `AGGRAVATED FELONY'.

(a) ILLICIT TRAFFICKING- Section 101(a)(43)(B) (8 U.S.C. 1101(a)(43))(B)) is amended by striking `Code);' and inserting `Code), except a single offense of simple possession of a controlled substance that is an alien's first controlled substance offense;'.

(b) CRIMES OF VIOLENCE AND THEFT OFFENSES- Subparagraphs (F), (G), (J), (M), (R), and (S) of section 101(a)(43) (8 U.S.C. 1101(a)(43)) are each amended by striking `imprisonment' and all that follows through the semicolon and inserting `imprisonment of more than 5 years;'.

(c) ALIEN SMUGGLING- Section 101(a)(43)(N) (8 U.S.C. 101(a)(43)(N)) is amended--

(1) by inserting `committed for the purpose of commercial advantage,' after `smuggling),'; and

(2) by adding at the end a semicolon.

(d) DISCRETIONARY WAIVER IN CASES OF OTHER MINOR FELONIES- Section 101 (8 U.S.C. 1101) is amended by adding at the end the following:

`(i) For purposes of this Act, and notwithstanding subsection (a)(43), the Attorney General may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony.'.

(e) CONFORMING CHANGE CONCERNING REMOVAL OF NONPERMANENT RESIDENTS- Section 238(b) (8 U.S.C. 1228(b)) is amended by striking paragraph (5).

SEC. 203. EQUITABLE DEFINITIONS OF `CONVICTION' AND `TERM OF IMPRISONMENT'.

Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended--

(1) in subparagraph (A), by striking `court' and all that follows through the period at the end and inserting `court. An adjudication or judgment of guilt that has been expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act.'; and

(2) in subparagraph (B)--

(A) by inserting `only' after `deemed to include'; and

(B) by striking `court of law' and all that follows through the period at the end and inserting `court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.'.

SEC. 204. EQUITABLE DEFINITION OF `CRIMES OF MORAL TURPITUDE'.

Section 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended to read as follows:

`(II) for which the alien has been incarcerated for a period exceeding one year,'.

SEC. 205. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR LONG-TIME LEGAL PERMANENT RESIDENTS.

(a) CANCELLATION OF REMOVAL- Section 240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as follows:

`(3) has not been convicted of an aggravated felony for which the sentence imposed is five years or more.'.

(b) REPEAL OF RULE FOR TERMINATION OF CONTINUOUS PERIOD-

(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) (8 U.S.C. 1229b(a)) is repealed.

(2) Section 240A(d) (8 U.S.C. 1229b) is amended--

(A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(B) by inserting before the period at the end of paragraph (1) (as redesignated) the following: `, unless the alien's departure from the United States was due to a temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien'.

(c) CANCELLATION OF REMOVAL FOR CERTAIN OTHER PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT- Section 240A (8 U.S.C. 1229b) is amended by adding at the end the following:

`(f) CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS FOR URGENT HUMANITARIAN REASONS OR SIGNIFICANT PUBLIC BENEFIT- In the case of an alien otherwise eligible for cancellation of removal under subsection (a), except that the alien has been convicted of an aggravated felony that renders the alien unable to satisfy the requirement in subsection (a)(3), the Attorney General may cancel removal of the alien under such conditions as the Attorney General may prescribe, but only--

`(1) on a case-by-case basis for urgent humanitarian reasons, significant public benefit (including assuring family unity), or any other sufficiently compelling reason; and

`(2) after making a written determination that the cancellation of removal poses no danger to the safety of persons or property.'.

SEC. 206. RESTORATION OF FAIRNESS IN EQUITABLE RELIEF FOR OTHER NONCITIZENS.

(a) CANCELLATION OF REMOVAL AND ADJUSTMENT FOR CERTAIN NONPERMANENT RESIDENTS- Section 240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as follows:

`(1) IN GENERAL- The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien--

`(A) has been physically present in the United States for a continuous period of--

`(i) 7 years immediately preceding the date of application in the case of an alien--

`(I) who is deportable on any ground other than a ground specified in clause (ii)(I); and

`(II) whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or

`(ii) 10 years immediately preceding the date of application in the case of an alien--

`(I) who is deportable for conviction of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and

`(II) whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence'; and

`(B) has been a person of good moral character during such period.'.

(b) ELIMINATION OF ANNUAL LIMITATION- Section 240A (8 U.S.C. 1229b) is amended by striking subsection (e).

SEC. 207. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS SUBJECT TO PENDING PROCEEDINGS.

(a) APPLICATION OF AGGRAVATED FELONY DEFINITION- The last sentence of section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended to read as follows: `The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred.'.

(b) GROUNDS OF DEPORTABILITY- Section 237 (8 U.S.C. 1227) is amended by adding at the end the following new subsection:

`(d) Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred.'.

(c) GROUNDS OF INADMISSIBILITY- Section 212 (8 U.S.C. 1182) is amended by adding at the end the following new subsection:

`(p) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred.'.

SEC. 208. ELIMINATING UNFAIR RETROACTIVE CHANGES IN REMOVAL RULES FOR PERSONS PREVIOUSLY REMOVED.

(a) IN GENERAL- The Attorney General shall establish a process by which an alien described in subsection (b) may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act, as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, or section 240A of the Immigration and Nationality Act, as amended by this Act.

(b) ALIEN DESCRIBED- An alien referred to in subsection (a) is an alien who received a final order of exclusion, deportation, or removal, or a decision on a petition for review or petition for habeas corpus, on or after September 30, 1996, and who was--

(1) excluded, deported, or removed from the United States by reason of having committed a criminal offense that was not a basis for removal, exclusion, or deportation on the date on which the offense was committed;

(2) excluded, deported, or removed from the United States by reason of having committed a criminal offense that is not a basis for removal, exclusion, or deportation on the date of the enactment of this Act; or

(3) excluded, deported, or removed from the United States by reason of having committed a criminal offense prior to April 24, 1996, for which there was relief from exclusion, deportation, or removal available prior to such date.

(c) PAROLE- The Attorney General may exercise the parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens excluded, deported, or removed from the United States to participate in the process established under subsection (a), if the alien establishes prima facie eligibility for the relief.

Subtitle B--Increased Fairness and Equity Concerning 5-Year Bars to Admission and Other Grounds for Exclusion

SEC. 211. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY FAIL TO ATTEND REMOVAL PROCEEDINGS.

Section 212(a)(6)(B) (8 U.S.C. 1182(a)(6)(B)) is amended to read as follows:

`(B) FAILURE TO ATTEND REMOVAL PROCEEDINGS-

`(i) IN GENERAL- Any alien who willfully and without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

SEC. 212. LIMITING 5-YEAR BAR TO ADMISSION TO PERSONS WHO WILLFULLY VIOLATE STUDENT VISA CONDITIONS.

(a) IN GENERAL- Section 212(a)(6)(G) (8 U.S.C. 1182(a)(6)(G)) is amended to read as follows:

`(G) STUDENT VISA ABUSERS-

`(i) IN GENERAL- An alien who obtains the status of a nonimmigrant under section 101(a)(15)(F)(i) and who willfully violates a term or condition of such status under section 214(m) is inadmissible until the alien has been outside the United States for a continuous period of 5 years after the date of the violation.

`(ii) WAIVER AUTHORIZED- For provision authorizing waiver of clause (i), see subsection (d)(13).'.

(b) TECHNICAL AMENDMENT- Section 101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking `214(l)' and inserting `214(m)'.

SEC. 213. LIMITING BAN ON ADMISSIBILITY TO PERSONS WHO WILLFULLY MAKE FALSE CLAIMS FOR CITIZENSHIP.

(a) CLASSES OF DEPORTABLE ALIENS- Section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) is amended by inserting `and willfully' after `falsely' each place such term appears.

(b) CLASSES OF INADMISSIBLE ALIENS- Section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) is amended by inserting `and willfully' after `falsely' each place such term appears.

SEC. 214. EQUITABLE WAIVER OF INADMISSIBILITY FOR MINOR CRIMINAL OFFENSES.

Section 212(h) (8 U.S.C. 1182(h)) is amended--

(1) in the matter preceding paragraph (1), by striking `offense of simple possession of 30 grams or less of marijuana' and inserting `controlled substance offense for which the alien was not incarcerated for a period exceeding 1 year'; and

(2) by striking the final two sentences.

SEC. 215. ELIMINATING THE 3 AND 10 YEAR BARS TO INADMISSIBILITY.

Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended--

(1) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and

(2) in subparagraph (B), as so redesignated, by striking `10 years' and inserting `3 years'.

TITLE III--ENCOURAGING FAMILY REUNIFICATION

Subtitle A--Reuniting Family Members

SEC. 301. VISA FOR SPOUSES AND CHILDREN OF PERMANENT RESIDENTS TEMPORARILY WAITING FOR VISA NUMBERS.

(a) IN GENERAL- Section 101(a)(15)(V) (8 U.S.C. 1101(a)(15)(V)) is amended to read as follows:

`(V) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) who is the beneficiary of a petition approved under--

`(i) section 204 (excluding the provisions of such section referred to in clause (ii)) for classification by reason of a relationship described in section 203(a)(2)(A) with an alien lawfully admitted for permanent residence, who is awaiting the availability of an immigrant visa based upon such approval, and who seeks to enter the United States to achieve family unity by joining the permanent resident alien in the United States; or

`(ii) clause (iii), (iv), (v), or (vi) of section 204(a)(1)(A) or clause (ii), (iii), or (iv) of section 204(a)(1)(B) and who is awaiting the availability of an immigrant visa based upon such approval.'.

(b) PROVISIONS AFFECTING NONIMMIGRANT STATUS- Section 214 (8 U.S.C. 1184) is amended--

(1) by redesignating the subsections (o) and (p), as added by sections 1102(b) and 1103(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 (as enacted into law by section 1(a)(2) of Public Law 106-553) as subsections (p) and (q), respectively; and

(2) by amending paragraph (1)(B)(i) of subsection (p) (as so redesignated) to read as follows:

`(i) The petition filed under section 204 for which the visa was authorized under section 101(a)(15)(V).'.

SEC. 302. REFUGEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF REFUGEES.

Section 207(c)(2) (8 U.S.C. 1157(c)(2)) is amended by adding at the end the following:

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of a refugee to be a child of the refugee for purposes of this paragraph.'.

SEC. 303. ASYLEE STATUS FOR UNMARRIED SONS AND DAUGHTERS OF ASYLEES.

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended by adding at the end the following:

`When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General's discretion, consider an unmarried son or daughter of an alien who is granted asylum under this subsection to be a child of the alien for purposes of this paragraph.'.

SEC. 304. PROTECTION AGAINST PROCESSING DELAYS.

(a) IN GENERAL-

(1) NEW SECTION- Title I (8 U.S.C. 1101 et seq.) is amended by adding at the end the following:

`protection against processing delays for children

`SEC. 106. (a) IN GENERAL-

`(1) DETERMINATION OF WHO IS A CHILD- In the case of an application initially to grant a benefit under this Act (other than an application for naturalization) that otherwise would be granted only after a determination that the beneficiary of the application is a child (such as classification as an immediate relative under section 201(b)(2)(A)(i)), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application--

`(A) the beneficiary shall be considered to be a child for all purposes related to the receipt of the benefit if the beneficiary was a child on the last day of such 90-day period; and

`(B) the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay, and shall be considered to be a

child under this Act for all purposes related to such application.

`(2) TERMINATION OF BENEFIT- Paragraph (1) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.

`(b) SPECIAL BENEFITS FOR SONS AND DAUGHTERS OF NATURALIZED PARENTS-

`(1) IN GENERAL- In the case of an alien son or daughter of a parent who is a naturalized citizen, if the alien is the beneficiary of an application for a benefit under this Act that otherwise would be granted only after a determination that the alien is a child--

`(A) the alien shall not be prejudiced with respect to such determination by the failure of the Attorney General to approve the parent's application for naturalization during the 90-day period beginning on date of the filing of the application; and

`(B) the alien son or daughter shall be considered to be a child for all purposes related to such application if the alien was a child on the last day of such 90-day period.

`(2) TERMINATION OF BENEFIT- Paragraph (1) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved.'.

(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by inserting after the item relating to section 105 the following:

`Sec. 106. Protection against processing delays for children.'.

(b) PROTECTION AGAINST PREJUDICIAL EFFECTS OF PROCESSING DELAYS RELATED TO CHANGE IN FAMILY STATUS- Section 203 (8 U.S.C. 1153) is amended by adding at the end the following:

`(h) PROTECTION AGAINST PREJUDICIAL EFFECTS OF PROCESSING DELAYS RELATED TO CHANGE IN FAMILY STATUS-

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