Speech #980216062

The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 52 offered by Mr. WAXMAN: Page 95. after line 7. insert the following new subparagraphs: "(C)(i) The Attorney General shall publish guidelines for the approval of applications for adjustment submitted under this section. In establishing such guidelines. the Attorney General shall liberally construe the requirements for eligibility for adjustment of status under this section taking into account the special circumstances relating to individuals previously residing unlawfully in the United States. "(ii) An aliens application submitted under this section which meets such guidelines shall be approved. unless the Attorney General can establish legal grounds for the denial of the application. "(D) Such regulations and guidelines shall recognize and accept the use of affidavits of witnesses. whether alone or with other evidence. to establish continuous residence in the United States and shall take into consideration the special circumstances relating to individuals previously residing unlawfully in the United States. "(E)(i) In establishing regulations and any guidelines to carry out this section. the Attorney General shall provide for flexibility in the determination of periods of continuous residence in the United States and shall not find a failure to maintain continuous residence where an alien has not been physically present in the United States due merely to brief and casual trips abroad or due to temporary trips abroad required by emergency or extenuating circumstances outside the control of the alien. "(ii) Any such regulations and guidelines shall not find an alien to have filed to have been continuously resident in the United States solely on the basis that the alien was not physically present in the United States for any period of less than 30 days per year since January 1. 1982. "(iii) Continuous residence shall not be considered to be interrupted merely because of the voluntary departure of the alien from the United States where no final order of deportation has been entered and there is no evidence of an intent to terminate residence. "(iv) The Attorney General may waive the requirement of subsection (a)(2)(A) in cases which would otherwise result in undue hardship to the alien or to his spouse. parent or child.