H.R. 8740

Iranian Temporary Immigration Relief Act

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Sec. 7. Protection of pending applications and status

(a) No prejudice. The filing for, receipt of, or grant of temporary protected status in accordance with this Act shall not—

(1) be considered a negative factor or adverse evidence in the adjudication of any pending or future application for change of nonimmigrant classification, extension of stay, adjustment of status, employment authorization, or any other immigration benefit;

(2) constitute an abandonment of any pending application for any immigration benefit;

(3) affect the priority date, processing date, or queue position of any pending application; or

(4) be used as a basis for initiating removal proceedings or for any enforcement action.

(b) Protection against unlawful presence. No period during which an eligible individual has temporary protected status under this Act, or during which the individual’s application for such status is pending, shall be considered a period of unlawful presence under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).

(c) Protection against accrual during pause. Notwithstanding any other provision of law, no period during which an eligible individual’s application was pending and subject to the adjudication pause shall be considered a period of unlawful presence for purposes of any provision of the Immigration and Nationality Act, regardless of whether the individual is granted temporary protected status under this Act.

(d) Travel authorization. The Secretary shall establish a process by which individuals granted temporary protected status in accordance with this Act may apply for advance parole for travel outside the United States. Such travel shall not constitute an abandonment of any pending application for change of status, adjustment of status, or other immigration benefit.