Page:United States Statutes at Large Volume 111 Part 3.djvu/106

 Ill STAT. 2194 PUBLIC LAW 105-100—NOV. 19, 1997 excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— (1) IN GENERAL.—The benefits provided by subsection (a) shall apply to any alien who is a national of Nicaragua or Cuba and who has been physically present in the United States for a continuous period, beginning not later than December 1, 1995, and ending not earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) PROOF OF COMMENCEMENT OF CONTINUOUS PRESENCE.— For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than December 1, 1995, an alien— (A) shall demonstrate that the alien, prior to December 1, 1995— (i) applied to the Attorney General for asylum; (ii) was issued an order to show cause under section 242 or 242B of the Immigration and Nationality Act (as in effect prior to April 1, 1997); (iii) was placed in exclusion proceedings under section 236 of such Act (as so in effect); (iv) applied for adjustment of status under section 245 of such Act; (v) applied to the Attorney General for employment authorization; (vi) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (vii) applied for any other benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to December 1, 1995; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) STAY OF REMOVAL; WORK AUTHORIZATION.— (1) IN GENERAL.— The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) DURING CERTAIN PROCEEDINGS. —Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the

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