H.R. 1348 — Venezuelan Adjustment Act

This section provides the short title of the Act as the “Venezuelan Adjustment Act.”

This section establishes a special adjustment of status process for certain Venezuelan nationals and their immediate family members, allowing the Secretary of Homeland Security to grant lawful permanent resident status to eligible aliens who apply within 3 years of enactment, are otherwise eligible for an immigrant visa, and are admissible except that the grounds of inadmissibility for public charge, labor certification, unlawful presence, and certain documentation requirements do not apply. It bars eligibility for aliens convicted of an aggravated felony, convicted of 2 or more crimes involving moral turpitude, or involved in persecution, and it permits eligible applicants who are already subject to exclusion, deportation, removal, or voluntary departure orders to apply without first filing a separate motion to reopen, reconsider, or vacate those orders. (Thus, a grant of adjustment cancels the prior order, while a denial leaves the order effective and enforceable.) This section limits eligibility to a national of Venezuela who entered the United States on or before December 31, 2021, and who has been continuously physically present in the United States for at least 1 year when applying, as well as the spouse, child, or unmarried son or daughter of such a national. It treats absences totaling not more than 180 days as not breaking continuous physical presence. This section directs the Secretary to issue regulations for stays of removal for applicants with final exclusion, deportation, or removal orders, prohibits removal of an applicant who is in exclusion, deportation, or removal proceedings while the adjustment application is pending unless the application is finally denied, and authorizes employment during the pendency of an application. It requires mandatory employment authorization if an application has been pending for more than 180 days without denial. This section requires the Secretary, upon approval of an application, to create a record of lawful permanent residence as of the alien’s date of arrival in the United States, and it provides applicants the same administrative review rights and procedures available to applicants under section 245 of the Immigration and Nationality Act.