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Title I — Treatment of certain nationals of certain countries designated for temporary protected status or deferred enforced departure

H.R. 2821 · 116th Congress · May 17, 2019 · Lineage

I Treatment of certain nationals of certain countries designated for temporary protected status or deferred enforced departure

101. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure

(a)
In general— Notwithstanding any other provision of law, the Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b) if the alien—
(1)
applies for such adjustment, including submitting any required documents under section 207, not later than 3 years after the date of the enactment of this Act;
(2)
has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this Act; and
(3)
is not inadmissible under paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
(b)
Aliens eligible for adjustment of status— An alien shall be eligible for adjustment of status under this section if the alien is an individual—
(1)
who—
(A)
is a national of a foreign state (or part thereof) (or in the case of an alien having no nationality, is a person who last habitually resided in such state) with a designation under subsection (b) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of such section; and
(B)
has not engaged in conduct since such date that would render the alien ineligible for temporary protected status under section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); or
(2)
who was eligible for Deferred Enforced Departure as of January 1, 2017, and has not engaged in conduct since that date that would render the alien ineligible for Deferred Enforced Departure.
(c)
Application—
(1)
Fee— The Secretary shall, subject to an exemption under section 203(c), require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $1,140.
(2)
Background checks— The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 202 are satisfied.
(3)
Withdrawal of application— The Secretary of Homeland Security shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this Act or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq).