H.R.5402 - To provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud.108th Congress (2003-2004)
Summary: H.R.5402 — 108th Congress (2003-2004)
Introduced in House (11/19/2004)
Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment of status to that of a lawful permanent resident (LPR) through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained approval for adjustment as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted derivative LPR status.
Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens.
Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where LPR status and naturalization were rescinded on the basis of the fraud; and (2) parole into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act.
Prohibits the Secretary of State from reducing the number of available immigrant visas as the result of the approval of such an application for relief.