Page:United States Statutes at Large Volume 111 Part 3.djvu/107

 PUBLIC LAW 105-100—NOV. 19, 1997 111 STAT. 2195 United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) WORK AUTHORIZATION. — The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an "employment authorized" endorsement or other appropriate document signifying authorization of employ- ment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.— (1) IN GENERAL. — Notwithstanding section 245(c) of the Immigration and Nationality Act, the status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if— (A) the alien is a national of Nicaragua or Cuba; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have 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 this subsection is filed; (C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; (D) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply; and (E) applies for such adjustment before April 1, 2000. (2) PROOF OF CONTINUOUS PRESENCE.—For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien— (A) shall demonstrate that such period commenced not later than December 1, 1995, in a manner consistent with subsection (b)(2); and (B) 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 period in the aggregate not exceeding 180 days. (e) AVAILABILITY OF ADMINISTRATIVE REVIEW.— The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to— (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or

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