Page:United States Statutes at Large Volume 114 Part 4.djvu/849

 PUBLIC LAW 106-553—APPENDIX B 114 STAT. 2762A-149 that the Attorney General (and other officials and employees of the Department of Justice and any bureau or agency thereof) may use such information for purposes of rescinding, pursuant to section 246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)), any adjustment of status obtained by the alien. (6) USE OF FEES FOR IMMIGRATION-RELATED UNFAIR EMPLOY- MENT PRACTICES. —Notwithstanding subsection (c)(7)(C) of such section 245A, no application fee paid to the Attorney General pursuant to this section by an eligible alien described in subsection (b) of this section shall be available in any fiscal year for the purpose described in such subsection (c)(7)(C). (7) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS BEFORE APPLICATION PERIOD. —IN LIEU of subsection (e)(1) of such section 245A, the Attorney General shall provide that in the case of an eligible alien described in subsection (b) of this section who is apprehended before the beginning of the application period described in paragraph (2)(A) and who can establish a prima facie case of eligibility to have his status adjusted under such section 245A pursuant to this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien— (A) may not be deported or removed from the United States; and (B) shall be granted authorization to engage in employ- ment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit. (8) JURISDICTION OF COURTS.—Effective as of November 6, 1986, subsection (f)(4)(C) of such section 245A shall not apply to an eligible alien described in subsection (b) of this section. (9) PUBLIC WELFARE ASSISTANCE.—Subsection (h) of such section 245A shall not apply. (d) APPLICATIONS FROM ABROAD.— The Attorney General shall establish a process under which an alien who has become eligible to apply for adjustment of status to that of an alien lawfully admitted for permanent residence as a result of the enactment of this section and who is not physically present in the United States may apply for such adjustment from abroad. (e) DEADLINE FOR REGULATIONS.—The Attorney General shall issue regulations to implement this section not later than 120 days after the date of the enactment of this Act. (f) ADMINISTRATIVE AND JUDICIAL REVIEW.— The provisions of subparagraphs (A) and (B) of section 245A(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1255a(f)(4)) shall apply to administrative or judicial review of a determination under this section or of a determination respecting an application for adjustment of status under section 245A of the Immigration and Nationality Act filed pursuant to this section. (g) DEFINITION. —For purposes of this section, the term "such section 245A" means section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a). Titles I through VII of this Act may be cited as the "Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001". 79-194O-00 -28:QL3Part4

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