[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4895 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4895
To amend the Immigration and Nationality Act and the Afghan Allies
Protection Act of 2009, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 5, 2025
Mrs. Miller-Meeks (for herself, Mr. Crow, Mr. Ciscomani, Mr.
Auchincloss, Ms. Salazar, Ms. Houlahan, Mr. Bacon, Ms. Lofgren, Mr.
Nunn of Iowa, Mr. Moulton, Mr. Baumgartner, and Mr. Bera) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act and the Afghan Allies
Protection Act of 2009, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Adjustment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Armed Services of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives;
(H) the Committee on Armed Services of the House of
Representatives;
(I) the Committee on Appropriations of the House of
Representatives; and
(J) the Committee on Homeland Security of the House
of Representatives.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given such term in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Special immigrant status.--The term ``special immigrant
status'' means special immigrant status provided under--
(A) the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note; Public Law 111-8);
(B) section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109-163); or
(C) subparagraph (N) of section 101(a)(27) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)),
as added by section 7(a).
(5) Specified application.--The term ``specified
application'' means--
(A) a pending, documentarily complete application
for special immigrant status; and
(B) a case in processing in the United States
Refugee Admissions Program for an individual who has
received a Priority 1 or Priority 2 referral to such
program.
(6) United states refugee admissions program.--The term
``United States Refugee Admissions Program'' means the program
to resettle refugees in the United States pursuant to the
authorities provided in sections 101(a)(42), 207, and 412 of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(42),
1157, and 1522).
SEC. 3. SUPPORT FOR AFGHAN ALLIES OUTSIDE THE UNITED STATES.
(a) Response to Congressional Inquiries.--The Secretary of State
shall respond to inquiries by Members of Congress regarding the status
of a specified application submitted by, or on behalf of, a national of
Afghanistan, including any information that has been provided to the
applicant, in accordance with section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)).
(b) Office in Lieu of Embassy.--During the period in which there is
no operational United States embassy in Afghanistan, the Secretary of
State shall designate an appropriate office within the Department of
State--
(1) to review specified applications submitted by nationals
of Afghanistan residing in Afghanistan, including by conducting
any required interviews;
(2) to issue visas or other travel documents to such
nationals, in accordance with the immigration laws;
(3) to provide services to such nationals, to the greatest
extent practicable, that would normally be provided by an
embassy; and
(4) to carry out any other function the Secretary of State
considers necessary.
SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS FOR ELIGIBLE INDIVIDUALS.
(a) Definitions.--In this section:
(1) Conditional permanent resident status.--The term
``conditional permanent resident status'' means conditional
permanent resident status under section 216 and 216A of the
Immigration and Nationality Act (8 U.S.C. 1186a, 1186b),
subject to the provisions of this section.
(2) Eligible individual.--The term ``eligible individual''
means an alien who--
(A) is present in the United States;
(B) is a citizen or national of Afghanistan or, in
the case of an alien having no nationality, is a person
who last habitually resided in Afghanistan;
(C) has not been granted permanent resident status;
(D)(i) was inspected and admitted to the United
States on or before the date of the enactment of this
Act; or
(ii) was paroled into the United States during the
period beginning on July 30, 2021, and ending on the
date of the enactment of this Act, provided that--
(I) such parole has not been terminated by
the Secretary upon written notice; and
(II) the alien did not enter the United
States at a location between ports of entry
along the southwest land border; and
(E) is admissible to the United States as an
immigrant under the applicable immigration laws,
including eligibility for waivers of grounds of
inadmissibility to the extent provided by the
immigration laws and the terms of this section.
(b) Conditional Permanent Resident Status for Eligible
Individuals.--
(1) Adjustment of status to conditional permanent resident
status.--Beginning on the date of the enactment of this Act,
the Secretary--
(A) may adjust the status of each eligible
individual to that of an alien lawfully admitted for
permanent residence status, subject to the procedures
established by the Secretary to determine eligibility
for conditional permanent resident status; and
(B) shall create for each eligible individual who
is granted adjustment of status under this section a
record of admission to such status as of the date on
which the eligible individual was initially inspected
and admitted or paroled into the United States, or July
30, 2021, whichever is later,
unless the Secretary determines, on a case-by-case basis, that
such individual is inadmissible under any ground of
inadmissibility under section 212 (other than subsection
(a)(4)) of the Immigration and Nationality Act (8 U.S.C. 1182)
and is not eligible for a waiver of such grounds of
inadmissibility as provided by this Act or by the immigration
laws.
(2) Conditional basis.--An individual who obtains lawful
permanent resident status under this section shall be
considered, at the time of obtaining the status of an alien
lawfully admitted for permanent residence, to have obtained
such status on a conditional basis subject to the provisions of
this section.
(c) Conditional Permanent Resident Status Described.--
(1) Assessment.--
(A) In general.--Before granting conditional
permanent resident status to an eligible individual
under subsection (b)(1), the Secretary shall conduct an
assessment with respect to the eligible individual,
which shall be equivalent in rigor to the assessment
conducted with respect to refugees admitted to the
United States through the United States Refugee
Admissions Program, for the purpose of determining
whether the eligible individual is inadmissible under
any ground of inadmissibility under section 212 (other
than subsection (a)(4)) of the Immigration and
Nationality Act (8 U.S.C. 1182) and is not eligible for
a waiver of such grounds of inadmissibility under
paragraph (2)(C) or the immigration laws.
(B) Consultation.--In conducting an assessment
under subparagraph (A), the Secretary may consult with
the head of any other relevant agency and review the
holdings of any such agency.
(2) Removal of conditions.--
(A) In general.--Not earlier than the date
described in subparagraph (B), the Secretary may remove
the conditional basis of the status of an individual
granted conditional permanent resident status under
this section unless the Secretary determines, on a
case-by-case basis, that such individual is
inadmissible under any ground of inadmissibility under
paragraph (2) or (3) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)), and
is not eligible for a waiver of such grounds of
inadmissibility under subparagraph (C) or the
immigration laws.
(B) Date described.--The date described in this
subparagraph is the earlier of--
(i) the date that is 4 years after the date
on which the individual was admitted or paroled
into the United States; or
(ii) July 1, 2027.
(C) Waiver.--
(i) In general.--Except as provided in
clause (ii), to determine eligibility for
conditional permanent resident status under
subsection (b) or removal of conditions under
this paragraph, the Secretary may waive the
application of the grounds of inadmissibility
under section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) for
humanitarian purposes or to ensure family
unity.
(ii) Exceptions.--The Secretary may not
waive under clause (i) the application of
subparagraphs (C) through (E) and (G) through
(H) of paragraph (2), or paragraph (3), of
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)).
(iii) Rule of construction.--Nothing in
this subparagraph may be construed to expand or
limit any other waiver authority applicable
under the immigration laws to an individual who
is otherwise eligible for adjustment of status.
(D) Timeline.--Not later than 180 days after the
date described in subparagraph (B), the Secretary
shall, to the greatest extent practicable, remove
conditions as to all individuals granted conditional
permanent resident status under this section who are
eligible for removal of conditions.
(3) Treatment of conditional basis of status period for
purposes of naturalization.--An individual in conditional
permanent resident status under this section shall be
considered--
(A) to have been admitted to the United States as
an alien lawfully admitted for permanent residence; and
(B) to be present in the United States as an alien
lawfully admitted to the United States for permanent
residence, provided that, no alien granted conditional
permanent resident status shall be naturalized unless
the alien's conditions have been removed under this
section.
(d) Termination of Conditional Permanent Resident Status.--
Conditional permanent resident status shall terminate on, as
applicable--
(1) the date on which the Secretary removes the conditions
pursuant to subsection (c)(2), on which date the alien shall be
lawfully admitted for permanent residence without conditions;
(2) the date on which the Secretary determines that the
alien was not an eligible individual under subsection (a)(2) as
of the date that such conditional permanent resident status was
granted, on which date of the Secretary's determination the
alien shall no longer be an alien lawfully admitted for
permanent residence; or
(3) the date on which the Secretary determines pursuant to
subsection (c)(2) that the alien is not eligible for removal of
conditions, on which date the alien shall no longer be an alien
lawfully admitted for permanent residence.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Secretary at any time to place
in removal proceedings under section 240 of the Immigration and
Nationality Act (8 U.S.C. 1229a) any alien who has conditional
permanent resident status under this section, if the alien is
deportable under section 237 of such Act (8 U.S.C. 1227) under a ground
of deportability applicable to an alien who has been lawfully admitted
for permanent residence.
(f) Parole Expiration Tolled.--The expiration date of a period of
parole shall not apply to an individual under consideration for
conditional permanent resident status under this section, until such
time as the Secretary has determined whether to issue conditional
permanent resident status.
(g) Periodic Nonadversarial Meetings.--
(1) In general.--Not later than 180 days after the date on
which an individual is conferred conditional permanent resident
status under this section, and periodically thereafter, the
Office of Refugee Resettlement shall make available
opportunities for the individual to participate in a
nonadversarial meeting, during which an official of the Office
of Refugee Resettlement (or an agency funded by the Office)
shall--
(A) on request by the individual, assist the
individual in a referral or application for applicable
benefits administered by the Department of Health and
Human Services and completing any applicable paperwork;
and
(B) answer any questions regarding eligibility for
other benefits administered by the United States
Government.
(2) Notification of requirements.--Not later than 7 days
before the date on which a meeting under paragraph (1) is
scheduled to occur, the Secretary of Health and Human Services
shall provide notice to the individual that includes the date
of the scheduled meeting and a description of the process for
rescheduling the meeting.
(3) Conduct of meeting.--The Secretary of Health and Human
Services shall implement practices to ensure that--
(A) meetings under paragraph (1) are conducted in a
nonadversarial manner; and
(B) interpretation and translation services are
provided to individuals granted conditional permanent
resident status under this section who have limited
English proficiency.
(4) Rules of construction.--Nothing in this subsection
shall be construed--
(A) to prevent an individual from electing to have
counsel present during a meeting under paragraph (1);
or
(B) in the event that an individual declines to
participate in such a meeting, to affect the
individual's conditional permanent resident status
under this section or eligibility to have conditions
removed in accordance with this section.
(h) Consideration.--Except with respect to an application for
naturalization and the benefits described in subsection (p), an
individual in conditional permanent resident status under this section
shall be considered to be an alien lawfully admitted for permanent
residence for purposes of the adjudication of an application or
petition for a benefit or the receipt of a benefit.
(i) Notification of Requirements.--Not later than 90 days after the
date on which the status of an individual is adjusted to that of
conditional permanent resident status under this section, the Secretary
shall provide notice to such individual with respect to the provisions
of this section, including subsection (c)(1) (relating to the conduct
of assessments) and subsection (g) (relating to periodic nonadversarial
meetings).
(j) Application for Naturalization.--The Secretary shall establish
procedures whereby an individual who would otherwise be eligible to
apply for naturalization but for having conditional permanent resident
status, may be considered for naturalization coincident with removal of
conditions under subsection (c)(2).
(k) Adjustment of Status Date.--
(1) In general.--An alien described in paragraph (2) shall
be regarded as lawfully admitted for permanent residence as of
the date the alien was initially inspected and admitted or
paroled into the United States, or July 30, 2021, whichever is
later.
(2) Alien described.--An alien described in this paragraph
is an alien who--
(A) is described