H.R. 6 — what changed
American Dream and Promise Act of 2019
From Introduced in House to Engrossed in House. 1 section amended, 28 added, and 20 removed between Introduced in House and Engrossed in House.
Section 1 Short title; table of contents
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Short title— This Act may be cited as the “American Dream and Promise Act of 2019”.
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Table of contents— The table of contents for this Act is as follows:
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This Act may be cited as the “American Dream and Promise Act of 2019”.
Sec. 2 Table of contents
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The table of contents of this Act is as follows:
Sec. 102 Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
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Conditional basis for status— Notwithstanding any other provision of law, and except as provided in section 105(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title.
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Requirements—
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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 on a conditional basis, or without the conditional basis as provided in section 105(c)(2), an alien who is inadmissible or deportable from the United States if—
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the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;
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the alien was younger than 18 years of age on the date on which the alien initially entered the United States;
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subject to sections 301(b) and 302(d), the alien—
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is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), (10)(D), or (10)(E) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
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has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and
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excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, has not been convicted of—
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any offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year;
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3 or more offenses under Federal or State law for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; or
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a crime of domestic violence, unless—
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the alien demonstrates that such crime is related to the alien having been—
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a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking;
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battered or subjected to extreme cruelty; or
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a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)); or
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the Secretary, in the discretion of the Secretary, waives this subclause for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest; and
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the alien—
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has been admitted to an institution of higher education;
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in the United States, has—
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earned a high school diploma or a commensurate alternative award from a public or private high school;
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obtained the General Education Development credential;
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obtained a high school equivalency diploma recognized under State law; or
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obtained a recognized postsecondary credential; or
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is enrolled in secondary school or in an education program assisting students in—
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obtaining a regular high school diploma or its recognized equivalent under State law;
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passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam;
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obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or
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obtaining a recognized postsecondary credential.
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DACA recipients— The Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 105(c)(2), an alien who—
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was granted DACA, unless the alien has become ineligible for DACA renewal; or
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was never granted DACA, but would have been eligible for such a grant pursuant to the terms of the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012, in place before it was rescinded on Sept. 5, 2017.
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Application fee— The Secretary may, subject to an exemption under section 302(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00.
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Submission of biometric and biographic data— The Secretary may not grant an alien permanent resident status on a conditional basis under this section unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.
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Background checks—
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Requirement for background checks— The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—
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to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and
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to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.
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Completion of background checks— The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section.
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Military selective service— An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 105(c)(2), shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.
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Crime of domestic violence defined— For purposes of paragraph (1)(C)(iii)(III), the term crime of domestic violence means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
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Limitation on removal of certain alien minors; treatment of certain removed or departed aliens—
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Certain alien minors—
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Stay of removal— The Attorney General shall stay the removal proceedings of an alien who meets all the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1), subject to sections 301(b) and 302(d), and is not older than 18 years of age.
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Commencement of removal proceedings— The Secretary may not commence removal proceedings for an alien described in subparagraph (A).
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Lift of stay— The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph (A) unless the alien ceases to meet the requirements under such subparagraph.
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Eligibility of removed or voluntarily departed aliens— An alien who was removed or permitted to depart voluntarily from the United States on or after January 20, 2017, may apply for relief under this section from abroad if—
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the alien meets all the requirements under subparagraphs (B) and (C) of subsection (b)(1), subject to sections 301(b) and 302(d);
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the alien meets the requirements of subsection (b)(1)(D) or was enrolled in an elementary school or secondary school in the United States during the 60-day period before the alien’s removal or voluntary departure;
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the alien was continuously physically present in the United States for a period of at least 4 years;
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at the time of their removal or voluntary departure, the alien—
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had been granted DACA, and was not ineligible for DACA renewal; or
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had never been granted DACA, but would have been eligible for such a grant pursuant to the terms of the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012, in place before it was rescinded on Sept. 5, 2017; and
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the sole reason for their removal or voluntary departure was that the alien was present in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security or was present in the United States without being admitted or paroled.
Sec. 103 Terms of permanent resident status on a conditional basis
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Period of status— Permanent resident status on a conditional basis is—
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valid for a period of 10 years, unless such period is extended by the Secretary; and
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subject to termination under subsection (d).
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Notice of requirements— At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed.
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Professional, commercial, and business licenses— Notwithstanding any other law, for the purposes of professional, commercial, and business licenses, an alien with permanent status on a conditional basis shall be treated as an alien lawfully admitted for permanent residence.
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Termination of status— The Secretary may terminate the permanent resident status on a conditional basis of an alien only if the Secretary—
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determines that the alien ceases to meet the requirements under section 102(b)(1)(C), subject to sections 301(b) and 302(d); and
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prior to the termination, provides the alien—
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notice of the proposed termination; and
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the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise contest the termination.
Sec. 104 Return to previous immigration status
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An alien whose permanent resident status on a conditional basis expires under section 103(a)(1) or is terminated under section 103(d), or whose application under section 102 is denied, shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis or applying under section 102, as appropriate.
Sec. 105 Removal of conditional basis of permanent resident status
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Eligibility for removal of conditional basis—
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In general— Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien—
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is described in section 102(b)(1)(C), subject to sections 301(b) and 302(d);
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has not abandoned the alien’s residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and
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has earned a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a certificate or credential from an area career and technical education school providing education at the postsecondary level;
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has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or
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has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 102(b)(1)(D)(iii), shall not count toward the time requirements under this clause.
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Hardship exception—
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In general— The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien—
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satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);
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demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and
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demonstrates that—
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the alien has a disability;
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the alien is a full-time caregiver of a minor child; or
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the removal of the alien from the United States would result in hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.
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Citizenship requirement—
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In general— Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).
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Exception— Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.
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Application fee— The Secretary may, subject to an exemption under section 302(c), require aliens applying for removal of the conditional basis of an alien’s permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.
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Submission of biometric and biographic data— The Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment.
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Background checks—
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Requirement for background checks— The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—
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to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and
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to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis.
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Completion of background checks— The security and law enforcement background checks of an alien required under subparagraph (A) shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status.
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Treatment for purposes of naturalization—
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In general— For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.
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Limitation on application for naturalization— An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.
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Timing of approval of lawful permanent residence status—
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In general— An alien granted lawful permanent residence on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a).
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Approval with regard to initial applications—
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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 status without conditional basis, any alien who—
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subject to the waiver described in section 302(d), and the provisions on determination of continuous presence in section 303, demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and
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subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title.
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Background checks— Paragraphs (5) and (6) of subsection (a) of this section shall apply to an alien seeking lawful permanent residence status without conditional basis in an initial application in the same manner as they apply to an alien seeking removal of the conditional basis of an alien’s permanent resident status. Paragraphs (4) and (5) of section 102(b) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien.
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Application fees— In the case of an alien seeking lawful permanent residence status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4)(A) of this section, subject to the exemption allowed under section 302(c), but shall not be required to pay the application fee under section 102(b)(3).
Sec. 106 Restoration of State option to determine residency for purposes of higher education benefits
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In general— Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
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Effective date— The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 110 Stat. 3009–546).
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Limitation of Federal student assistance— Notwithstanding any other provision of law, an alien who has permanent resident status on a conditional basis under this title shall be eligible only for the following assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.):
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Student loans under parts D and E of such title IV (20 U.S.C. 1087a et seq. and 1087aa et seq.), subject to the requirements of such parts.
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Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.
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Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.
Sec. 111 Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
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Conditional basis for status— Notwithstanding any other provision of law, and except as provided in section 113(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title.
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Requirements—
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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 on a conditional basis, or without the conditional basis as provided in section 113(c)(2), an alien who is inadmissible or deportable from the United States (or is under a grant of Deferred Enforced Departure or has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a)) if—
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the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act;
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the alien was younger than 18 years of age on the date on which the alien entered the United States and has continuously resided in the United States since such entry;
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the alien—
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subject to section 123(d), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
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has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and
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is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and
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the alien—
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has been admitted to an institution of higher education;
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has been admitted to an area career and technical education school at the postsecondary level;
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in the United States, has obtained—
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a high school diploma or a commensurate alternative award from a public or private high school;
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a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State-authorized credential;
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a credential or certificate from an area career and technical education school at the secondary level; or
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a recognized postsecondary credential; or
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is enrolled in secondary school or in an education program assisting students in—
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obtaining a high school diploma or its recognized equivalent under State law;
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passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam;
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obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or
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obtaining a recognized postsecondary credential.
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Application fee—
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In general— The Secretary may, subject to an exemption under section 123(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00.
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Special procedure for applicants with DACA— The Secretary shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for cancellation of removal and adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 113(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section 113(c)(2) to pay a fee that is commensurate with the cost of processing the application, subject to the exemption under section 123(c).
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Background checks— The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 122 are satisfied.
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Military selective service— An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 113(c)(2), shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act.
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Criminal and national security bars—
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Grounds of ineligibility— Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 113(c)(2)) if any of the following apply:
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The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
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Excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of—
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any felony offense;
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three or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or
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a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been—
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a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking;
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battered or subjected to extreme cruelty; or
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a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)).
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Waivers for certain misdemeanors— For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may—
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waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and
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for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of—
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one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this title; or
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up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title.
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Authority to conduct secondary review—
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In general— Notwithstanding an alien’s eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary of Homeland Security may, as a matter of non-delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 113(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D).
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Public safety— An alien is described in this subparagraph if—
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excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien—
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has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or
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has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and
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the alien poses a significant and continuing threat to public safety related to such conviction or adjudication.
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Public safety determination— For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien’s role in the commission of the offense.
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Gang participation— An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses.
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Evidentiary limitation— For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph.
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Notice—
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In general— Prior to rendering a discretionary decision under this paragraph, the Secretary of Homeland Security shall provide written notice of the intent to provisionally deny the application to the alien (or the alien’s counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall—
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articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and
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provide the alien with not less than 90 days to respond.
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Second notice— Not more than 30 days after the issuance of the notice under clause (i), the Secretary of Homeland Security shall provide a second written notice that meets the requirements of such clause.
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Notice not received— Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary of Homeland Security shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II).
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Judicial review— An alien is entitled to judicial review of the Secretary’s decision to provisionally deny an application under this paragraph in accordance with the procedures described in section 126(c).
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Definitions— For purposes of this subsection—
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the term “felony offense” means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year;
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the term “misdemeanor offense” means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year;
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the term “crime of domestic violence” means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government; and
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the term “convicted”, “conviction”, “adjudicated”, or “adjudication” does not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent.
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Limitation on removal of certain alien minors— An alien who is under 18 years of age and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien.
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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 title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Sec. 112 Terms of permanent resident status on a conditional basis
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Period of status— Permanent resident status on a conditional basis is—
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valid for a period of 10 years, unless such period is extended by the Secretary; and
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subject to revocation under subsection (c).
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Notice of requirements— At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed.
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Revocation of status— The Secretary may revoke the permanent resident status on a conditional basis of an alien only if the Secretary—
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determines that the alien ceases to meet the requirements under section 111(b)(1)(C); and
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prior to the revocation, provides the alien—
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notice of the proposed revocation; and
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the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation.
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Return to previous immigration status— An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis.
Sec. 113 Removal of conditional basis of permanent resident status
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Eligibility for removal of conditional basis—
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In general— Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien—
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is described in section 111(b)(1)(C);
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has not abandoned the alien’s residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and
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added
has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level;
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has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or
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demonstrates earned income for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 111(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment.
added
Hardship exception— The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien—
added
satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);
added
demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and
added
demonstrates that—
added
the alien has a disability;
added
the alien is a full-time caregiver; or
added
the removal of the alien from the United States would result in hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence.
added
Citizenship requirement—
added
In general— Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).
added
Exception— Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.
added
Application fee— The Secretary may, subject to an exemption under section 123(c), require aliens applying for removal of the conditional basis of an alien’s permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application.
added
Background check— The Secretary may not remove the conditional basis of an alien’s permanent resident status until the requirements of section 122 are satisfied.
added
Treatment for purposes of naturalization—
added
In general— For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence.
added
Limitation on application for naturalization— An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.
added
Timing of approval of lawful permanent resident status—
added
In general— An alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a).
added
Approval with regard to initial applications—
added
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 resident status without conditional basis, any alien who—
added
demonstrates eligibility for lawful permanent residence status on a conditional basis under section 111(b); and
added
subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title.
added
Background checks— Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien’s permanent resident status. Section 111(b)(3) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien.
added
Application fees— In the case of an alien seeking lawful permanent resident status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4), subject to the exemption allowed under section 123(c), but shall not be required to pay the application fee under section 111(b)(2).
Sec. 121 Definitions
addedadded In this title:
added
In general— Except as otherwise specifically provided, any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws.
added
Appropriate United States district court— The term “appropriate United States district court” mean the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien’s principal place of residence.
added
Area career and technical education school— The term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
added
DACA— The term DACA means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.
added
Disability— The term disability has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).
added
Federal poverty line— The term Federal poverty line has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a).
added
High school; secondary school— The terms high school and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
Immigration laws— The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
added
Institution of higher education— The term institution of higher education—
added
except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
added
does not include an institution of higher education outside of the United States.
added
Recognized postsecondary credential— The term recognized postsecondary credential has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
added
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.
added
Uniformed services— The term Uniformed Services has the meaning given the term uniformed services in section 101(a) of title 10, United States Code.
Sec. 122 Submission of biometric and biographic data; background checks
added
added
Submission of biometric and biographic data— The Secretary may not grant an alien adjustment of status under this title, on either a conditional or permanent basis, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.
added
Background checks— The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this title, on either a conditional or permanent basis. The status of an alien may not be adjusted, on either a conditional or permanent basis, unless security and law enforcement background checks are completed to the satisfaction of the Secretary.
Sec. 123 Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
added
added
Limitation on removal— An alien who appears to be prima facie eligible for relief under this title shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 126(c), a final decision establishing ineligibility for relief is rendered.
added
Application— An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this title. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted.
added
Fee exemption— An applicant may be exempted from paying an application fee required under this title if the applicant—
added
is younger than 18 years of age;
added
received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this title, that is less than 150 percent of the Federal poverty line;
added
is in foster care or otherwise lacks any parental or other familial support; or
added
cannot care for himself or herself because of a serious, chronic disability.
added
Waiver of grounds of inadmissibility— With respect to any benefit under this title, and in addition to the waivers under section 111(c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest.
added
Advance parole— During the period beginning on the date on which an alien applies for adjustment of status under this title and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this section.
added
Employment— An alien whose removal is stayed pursuant to this title, who may not be placed in removal proceedings pursuant to this title, or who has pending an application under this title, shall, upon application to the Secretary, be granted an employment authorization document.
Sec. 124 Determination of continuous presence and residence
added
added
Effect of notice To appear— Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this title (whether on a conditional basis or without the conditional basis as provided in section 113(c)(2)) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).
added
Treatment of certain breaks in presence or residence—
added
In general— Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain—
added
continuous physical presence in the United States under this title if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days; and
added
continuous residence in the United States under this title if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period.
added
Extensions for extenuating circumstances— The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.
added
Travel authorized by the Secretary— Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1).
added
Waiver of physical presence— With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 111(b)(1)(A) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 111 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure.
Sec. 125 Exemption from numerical limitations
addedadded Nothing in this title or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)).
Sec. 126 Availability of administrative and judicial review
added
added
Administrative review— Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this title a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status.
added
Judicial review— Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this title in an appropriate United States district court.
added
Judicial review of a provisional denial—
added
In general— Notwithstanding any other provision of law, if, after notice and the opportunity to respond under section 111(c)(3)(E), the Secretary provisionally denies an application for adjustment of status under this title, the alien shall have 60 days from the date of the Secretary’s determination to seek review of such determination in an appropriate United States district court.
added
Scope of review and decision— Notwithstanding any other provision of law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application.
added
Appointed counsel— Notwithstanding any other provision of law, an applicant seeking judicial review under paragraph (1) shall be represented by counsel. Upon the request of the applicant, counsel shall be appointed for the applicant, in accordance with procedures to be established by the Attorney General within 90 days of the date of the enactment of this Act, and shall be funded in accordance with fees collected and deposited in the Immigration Counsel Account under section 132.
added
Stay of removal—
added
In general— Except as provided in paragraph (2), an alien seeking administrative or judicial review under this title may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this title.
added
Exception— The Secretary may remove an alien described in paragraph (1) pending judicial review if such removal is based on criminal or national security grounds described in this title. Such removal shall not affect the alien’s right to judicial review under this title. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this title, or to revoke such status, is reversed.
Sec. 127 Documentation requirements
added
added
Documents establishing identity— An alien’s application for permanent resident status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)) may include, as evidence of identity, the following:
added
A passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint.
added
The alien’s birth certificate and an identity card that includes the alien’s name and photograph.
added
A school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school.
added
A Uniformed Services identification card issued by the Department of Defense.
added
Any immigration or other document issued by the United States Government bearing the alien’s name and photograph.
added
A State-issued identification card bearing the alien's name and photograph.
added
Any other evidence determined to be credible by the Secretary.
added
Documents establishing entry, continuous physical presence, lack of abandonment of residence— To establish that an alien was younger than 18 years of age on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 111(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 111(b)(1)(A), or that an alien has not abandoned residence in the United States, as required under section 113(a)(1)(B), the alien may submit the following forms of evidence:
added
Passport entries, including admission stamps on the alien’s passport.
added
Any document from the Department of Justice or the Department of Homeland Security noting the alien’s date of entry into the United States.
added
Records from any educational institution the alien has attended in the United States.
added
Employment records of the alien that include the employer’s name and contact information, or other records demonstrating earned income.
added
Records of service from the Uniformed Services.
added
Official records from a religious entity confirming the alien’s participation in a religious ceremony.
added
A birth certificate for a child who was born in the United States.
added
Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization.
added
Automobile license receipts or registration.
added
Deeds, mortgages, or rental agreement contracts.
added
Rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address.
added
Tax receipts.
added
Insurance policies.
added
Remittance records, including copies of money order receipts sent in or out of the country.
added
Travel records.
added
Dated bank transactions.
added
Two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain—
added
the name, address, and telephone number of the affiant; and
added
the nature and duration of the relationship between the affiant and the alien.
added
Any other evidence determined to be credible by the Secretary.
added
Documents establishing admission to an institution of higher education— To establish that an alien has been admitted to an institution of higher education, the alien may submit to the Secretary a document from the institution of higher education certifying that the alien—
added
has been admitted to the institution; or
added
is currently enrolled in the institution as a student.
added
Documents establishing receipt of a degree from an institution of higher education— To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien may submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.
added
Documents establishing receipt of a high school diploma, General Educational Development credential, or a recognized equivalent— To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 111(b)(1)(D)(iii), the alien may submit to the Secretary the following:
added
A high school diploma, certificate of completion, or other alternate award.
added
A high school equivalency diploma or certificate recognized under State law.
added
Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States.
added
Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award.
added
Evidence that the alien obtained a recognized postsecondary credential.
added
Any other evidence determined to be credible by the Secretary.
added
Documents establishing enrollment in an educational program— To establish that an alien is enrolled in any school or education program described in section 111(b)(1)(D)(iv) or 113(a)(1)(C), the alien may submit school records from the United States school that the alien is currently attending that include—
added
the name of the school; and
added
the alien’s name, periods of attendance, and current grade or educational level.
added
Documents establishing exemption from application fees— To establish that an alien is exempt from an application fee under section 123(c), the alien may submit to the Secretary the following relevant documents:
added
Documents to establish age— To establish that an alien meets an age requirement, the alien may provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.
added
Documents to establish income— To establish the alien’s income, the alien may provide—
added
employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
added
bank records; or
added
at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain—
added
the name, address, and telephone number of the affiant; and
added
the nature and duration of the relationship between the affiant and the alien.
added
Documents to establish foster care, lack of familial support, or serious, chronic disability— To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain—
added
a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate;
added
the name, address, and telephone number of the affiant; and
added
the nature and duration of the relationship between the affiant and the alien.
added
Documents establishing qualification for hardship exemption— To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 113(a)(2)(C), the alien may submit to the Secretary at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain—
added
the name, address, and telephone number of the affiant; and
added
the nature and duration of the relationship between the affiant and the alien.
added
Documents establishing service in the Uniformed Services— To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien may submit to the Secretary—
added
a Department of Defense form DD–214;
added
a National Guard Report of Separation and Record of Service form 22;
added
personnel records for such service from the appropriate Uniformed Service; or
added
health records from the appropriate Uniformed Service.
added
Documents establishing earned income—
added
In general— An alien may satisfy the earned income requirement under section 113(a)(1)(C)(iii) by submitting records that—
added
establish compliance with such requirement; and
added
have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.
added
Other documents— An alien who is unable to submit the records described in paragraph (1) may satisfy the earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including—
added
bank records;
added
business records;
added
employer or contractor records;
added
records of a labor union, day labor center, or organization that assists workers in employment;
added
sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain—
added
the name, address, and telephone number of the affiant; and
added
the nature and duration of the relationship between the affiant and the alien;
added
remittance records; or
added
any other evidence determined to be credible by the Secretary.
added
Authority To prohibit use of certain documents— If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
Sec. 128 Rule making
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this title, which shall allow eligible individuals to immediately apply for relief under section 111 or 113(c)(2). Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication.
added
Paperwork Reduction Act— The requirements under chapter 35 of title 44, United States Code, (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this title.
Sec. 129 Confidentiality of information
added
added
In general— The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this title or in requests for DACA for the purpose of immigration enforcement.
added
Referrals prohibited— The Secretary, based solely on information provided in an application for adjustment of status under this title (including information provided during administrative or judicial review) or an application for DACA, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.
added
Limited exception— Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this title may be shared with Federal security and law enforcement agencies—
added
for assistance in the consideration of an application for adjustment of status under this title;
added
to identify or prevent fraudulent claims;
added
for national security purposes; or
added
for the investigation or prosecution of any felony offense not related to immigration status.
added
Penalty— Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
Sec. 130 Grant program to assist eligible applicants
added
added
Establishment— The Secretary of Homeland Security shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this title by providing them with the services described in subsection (b).
added
Use of funds— Grant funds awarded under this section shall be used for the design and implementation of programs that provide—
added
information to the public regarding the eligibility and benefits of permanent resident status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)), particularly to individuals potentially eligible for such status;
added
assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for adjustment of status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)), including—
added
screening prospective applicants to assess their eligibility for such status;
added
completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and
added
providing any other assistance that the Secretary or grantee considers useful or necessary to apply for adjustment of status under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)); and
added
assistance, within the scope of authorized practice of immigration law, and instruction, to individuals—
added
on the rights and responsibilities of United States citizenship;
added
in civics and English as a second language;
added
in preparation for the General Education Development test; and
added
in applying for adjustment of status and United States citizenship.
added
Authorization of appropriations—
added
Amounts authorized— There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2020 through 2030 to carry out this section.
added
Availability— Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
Sec. 131 Provisions affecting eligibility for adjustment of status
addedadded An alien’s eligibility to be lawfully admitted for permanent residence under this title (whether on a conditional basis, or without the conditional basis as provided in section 113(c)(2)) shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.
Sec. 132 Supplementary surcharge for appointed counsel
added
added
In general— Except as provided in section 122 and in cases where the applicant is exempt from paying a fee under section 123(c), in any case in which a fee is charged pursuant to this title, an additional surcharge of $25 shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary’s decision to provisionally deny an application under section 126(c)(3).
added
Immigration counsel account— There is established in the general fund of the Treasury a separate account which shall be known as the “Immigration Counsel Account”. Fees collected under subsection (a) shall be deposited into the Immigration Counsel Account and shall to remain available until expended for purposes of providing appointed counsel as required under this title.
added
Report— At the end of each 2-year period, beginning with the establishment of this account, the Secretary of Homeland Security shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing appointed counsel as required under this title.
Sec. 133 Annual report on provisional denial authority
addedadded Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress a report detailing the number of applicants that receive—
added
a provisional denial under this title;
added
a final denial under this title without seeking judicial review;
added
a final denial under this title after seeking judicial review; and
added
an approval under this title after seeking judicial review.
Sec. 202 Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure
removed
removed
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 (c) if the alien—
removed
applies for such adjustment, including submitting the documents required under section 306, not later than 3 years after the date of the enactment of this Act; and
removed
is determined to be an alien admissible to the United States as an immigrant, except as otherwise provided under subsection (b) and subject to sections 301(b) and 302(d).
removed
Certain grounds for inadmissibility inapplicable— For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A),(6)(B), (6)(C), (7)(A), (9)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
removed
Aliens eligible for adjustment of status—
removed
In general— An alien shall be eligible for adjustment of status if the alien—
removed
is—
removed
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 September 25, 2016, 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; or
removed
under a grant of Deferred Enforced Departure as of September 28, 2016; and
removed
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.
removed
TPS aliens previously removed or departed— An alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the United States on or after September 25, 2016, if the alien—
removed
applies from abroad;
removed
was continuously physically present in the United States for a period of not less than 3 years before the date of removal or departure;
removed
had temporary protected status on such date, or was otherwise eligible, on such date, for temporary protected status notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a); and
removed
the sole reason for the alien’s removal or departure was—
removed
that the alien was present in the United States after the expiration of the designation of that foreign state (or part thereof) under section 244(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)(B)); or
removed
in the case of a voluntary departure, the alien did so on the basis of the Secretary’s determination to terminate such designation.
removed
DED aliens previously removed or departed— An alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the United States on or after September 28, 2016, if the alien—
removed
applies from abroad;
removed
is under a grant of Deferred Enforced Departure as of September 28, 2016;
removed
was continuously physically present in the United States for a period of not less than 3 years before the date of removal or departure; and
removed
the sole reason for the alien’s removal or departure—
removed
was that the alien was present in the United States after the expiration of the deferral of enforced departure directed in the Presidential Memorandum on Deferred Enforced Departure for Liberians issued on September 28, 2016, or any subsequent extension of such deferral; or
removed
in the case of a voluntary departure, the alien did so on the basis of the President’s determination to terminate such presidential memorandum or extension.
removed
Application—
removed
Fee— The Secretary shall, subject to an exemption under section 302(c), require an alien applying for permanent resident 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.
removed
Stay of removal while application pending— The removal proceedings of an alien shall be stayed while an application for adjustment of status submitted pursuant to this section is pending.
Sec. 203 Reporting requirements regarding future discontinued eligibility of aliens from countries currently listed under temporary protected status
removed
removed
Section 244(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(3)) is amended by adding at the end, the following:
removed
“(D) Report on terminations—Not later than 3 days after the Secretary of Homeland Security publishes a notice in the Federal Register of the determination to terminate the designation of a foreign state (or part thereof) under subparagraph (B), the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report that includes—
removed
“(i) an explanation of any event that initially prompted the designation of the foreign state (or part thereof) under this subsection;
removed
“(ii) the progress that the foreign state (or part thereof) has made in remedying, solving, or addressing the conditions prompting the designation specified under clause (i), including any significant challenges or shortcomings that have arisen from conditions related to the initial designation;
removed
“(iii) a description of the quantitative and qualitative methodologies used by the Secretary to assess and determine improvements in country conditions; and
removed
“(iv) any additional metrics the Secretary deems necessary.”
Sec. 204 Waiver of certain language requirements
removed
removed
The language requirements of section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not apply to an alien in receipt of a status adjustment under section 202 of this title.
Sec. 205 Clarification of inspection and admission under temporary protected status
removed
removed
Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after “considered” the following: “as having been inspected and admitted into the United States, and”.
Sec. 301 Definitions
removed
removed
In general— In this Act:
removed
In general— Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws.
removed
Area career and technical education school— The term area career and technical education school has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
removed
DACA— The term DACA means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012.
removed
Disability— The term disability has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).
removed
Early childhood education program— The term early childhood education program has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
removed
Elementary school; high school; secondary school— The terms elementary school, high school, and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
removed
Immigration laws— The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
removed
Institution of higher education— The term institution of higher education—
removed
except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and
removed
does not include an institution of higher education outside of the United States.
removed
Permanent resident status on a conditional basis— The term permanent resident status on a conditional basis means status as an alien lawfully admitted for permanent residence on a conditional basis under this Act.
removed
Federal poverty line— The term Federal poverty line has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a).
removed
Recognized postsecondary credential— The term recognized postsecondary credential has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
removed
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.
removed
Uniformed services— The term Uniformed Services has the meaning given the term uniformed services in section 101(a) of title 10, United States Code.
removed
Treatment of expunged convictions— For purposes of this Act, the term conviction does not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent.
Sec. 302 Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
removed
removed
Limitation on removal— An alien who has presented evidence to establish prima facie eligibility for relief from removal, who appears to be prima facie eligible, or who has an application pending under this Act may not be removed.
removed
Application— An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this Act. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted.
removed
Fee exemption— An applicant may be exempted from paying an application fee required under this Act if the applicant—
removed
is younger than 18 years of age;
removed
received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this Act, that is less than 150 percent of the Federal poverty line;
removed
is in foster care or otherwise lacking any parental or other familial support; or
removed
cannot care for himself or herself because of a serious, chronic disability.
removed
Waiver of grounds of inadmissibility— With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest.
removed
Advance parole— During the period beginning on the date on which an alien applies for adjustment of status under this Act and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this section.
removed
Employment— An alien whose removal is stayed pursuant to this Act, who may not be placed in removal proceedings pursuant to this Act, or who has pending an application under this Act, shall, upon application to the Secretary, be granted an employment authorization document.
Sec. 303 Determination of continuous presence
removed
removed
Termination of continuous period— Any period of continuous physical presence in the United States of an alien who applies for permanent resident status under title I (whether on a conditional basis or without the conditional basis as provided in section 105(c)(2)) or under title II shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).
removed
Treatment of certain breaks in presence—
removed
In general— Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain continuous physical presence in the United States under this Act if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days.
removed
Extensions for extenuating circumstances— The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.
removed
Travel authorized by the Secretary— Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1).
Sec. 304 Exemption from numerical limitations
removed
removed
Nothing in this Act or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act.
Sec. 305 Availability of administrative and judicial review
removed
removed
Administrative review— Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens applying for adjustment of status under this Act a process by which the denial of an application for adjustment of status may undergo a single level of administrative appellate review, which shall be substantially similar to the procedures for administrative review provided to applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255).
removed
Consolidation of issues for judicial review— An alien may seek judicial review of a denial of an application for benefits, or a revocation of such benefits, under this Act in the appropriate United States court of appeals in conjunction with the judicial review of an order of removal under section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).
removed
Stay of removal— An alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this Act, unless such removal is based on criminal or national security grounds.
Sec. 306 Documentation requirements
removed
removed
Documents establishing identity— An alien’s application for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II, may include, as proof of identity—
removed
a passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint;
removed
the alien’s birth certificate and an identity card that includes the alien’s name and photograph;
removed
a school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school;
removed
a Uniformed Services identification card issued by the Department of Defense;
removed
any immigration or other document issued by the United States Government bearing the alien’s name and photograph; or
removed
a State-issued identification card bearing the alien's name and photograph.
removed
Documents establishing continuous physical presence in the United States— To establish that an alien has been continuously physically present in the United States, as required under sections 102(b)(1)(A) and 202(c)(1)(B), or to establish that an alien has not abandoned residence in the United States, as required under section 105(a)(1)(B), the alien may submit documents to the Secretary, including—
removed
employment records of the alien that include the employer’s name and contact information;
removed
records from any educational institution the alien has attended in the United States;
removed
records of service from the Uniformed Services;
removed
official records from a religious entity confirming the alien’s participation in a religious ceremony;
removed
passport entries;
removed
a birth certificate for a child of the alien who was born in the United States;
removed
automobile license receipts or registration;
removed
deeds, mortgages, or rental agreement contracts;
removed
tax receipts;
removed
insurance policies;
removed
remittance records;
removed
rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;
removed
copies of money order receipts for money sent in or out of the United States;
removed
dated bank transactions; or
removed
two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain—
removed
the name, address, and telephone number of the affiant; and
removed
the nature and duration of the relationship between the affiant and the alien.
removed
Documents establishing initial entry into the United States— To establish under section 102(b)(1)(B) that an alien was younger than 18 years of age on the date on which the alien initially entered the United States, an alien may submit documents to the Secretary, including—
removed
an admission stamp on the alien’s passport;
removed
records from any educational institution the alien has attended in the United States;
removed
any document from the Department of Justice or the Department of Homeland Security stating the alien’s date of entry into the United States;
removed
hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization;
removed
rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address;
removed
employment records that include the employer’s name and contact information;
removed
official records from a religious entity confirming the alien’s participation in a religious ceremony;
removed
a birth certificate for a child who was born in the United States;
removed
automobile license receipts or registration;
removed
deeds, mortgages, or rental agreement contracts;
removed
tax receipts;
removed
travel records;
removed
copies of money order receipts sent in or out of the country;
removed
dated bank transactions;
removed
remittance records; or
removed
insurance policies.
removed
Documents establishing admission to an institution of higher education— To establish that an alien has been admitted to an institution of higher education, the alien shall submit to the Secretary a document from the institution of higher education certifying that the alien—
removed
has been admitted to the institution; or
removed
is currently enrolled in the institution as a student.
removed
Documents establishing receipt of a degree from an institution of higher education— To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien shall submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree.
removed
Documents establishing receipt of high school diploma, General Educational Development credential, or a recognized equivalent— To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 102(b)(1)(D)(ii), the alien shall submit to the Secretary—
removed
a high school diploma, certificate of completion, or other alternate award;
removed
a high school equivalency diploma or certificate recognized under State law;
removed
evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States;
removed
evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award; or
removed
evidence that the alien obtained a recognized postsecondary credential.
removed
Documents establishing enrollment in an educational program— To establish that an alien is enrolled in any school or education program described in section 102(b)(1)(D)(iii), 102(c)(4)(B), or 105(a)(1)(C), the alien shall submit school records from the United States school that the alien is currently attending that include—
removed
the name of the school; and
removed
the alien’s name, periods of attendance, and current grade or educational level.
removed
Documents establishing exemption from application fees— To establish that an alien is exempt from an application fee under section 302(c), the alien shall submit to the Secretary the following relevant documents:
removed
Documents to establish age— To establish that an alien meets an age requirement, the alien shall provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.
removed
Documents to establish income— To establish the alien’s income, the alien shall provide—
removed
employment records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
removed
bank records; or
removed
at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain—
removed
the name, address, and telephone number of the affiant; and
removed
the nature and duration of the relationship between the affiant and the alien.
removed
Documents to establish foster care, lack of familial support, homelessness, or serious, chronic disability— To establish that the alien was in foster care, lacks parental or familial support, is homeless, or has a serious, chronic disability, the alien shall provide at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain—
removed
a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, is homeless, or has a serious, chronic disability, as appropriate;
removed
the name, address, and telephone number of the affiant; and
removed
the nature and duration of the relationship between the affiant and the alien.
removed
Documents to establish unpaid medical expense— To establish that the alien has debt as a result of unreimbursed medical expenses, the alien shall provide receipts or other documentation from a medical provider that—
removed
bear the provider’s name and address;
removed
bear the name of the individual receiving treatment; and
removed
document that the alien has accumulated $10,000 or more in debt in the past 12 months as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien.
removed
Documents establishing qualification for hardship exemption— To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 105(a)(2)(A)(iii), the alien shall submit to the Secretary at least 2 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain—
removed
the name, address, and telephone number of the affiant; and
removed
the nature and duration of the relationship between the affiant and the alien.
removed
Documents establishing service in the Uniformed Services— To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien shall submit to the Secretary—
removed
a Department of Defense form DD–214;
removed
a National Guard Report of Separation and Record of Service form 22;
removed
personnel records for such service from the appropriate Uniformed Service; or
removed
health records from the appropriate Uniformed Service.
removed
Documents establishing employment—
removed
In general— An alien may satisfy the employment requirement under section 105(a)(1)(C)(iii) by submitting records that—
removed
establish compliance with such employment requirement; and
removed
have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.
removed
Other documents— An alien who is unable to submit the records described in paragraph (1) may satisfy the employment requirement by submitting at least 2 types of reliable documents that provide evidence of employment, including—
removed
bank records;
removed
business records;
removed
employer records;
removed
records of a labor union, day labor center, or organization that assists workers in employment;
removed
sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain—
removed
the name, address, and telephone number of the affiant; and
removed
the nature and duration of the relationship between the affiant and the alien; and
removed
remittance records.
removed
Authority To prohibit use of certain documents— If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
Sec. 307 Rule making
removed
removed
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under section 102, 105(c)(2), or 202. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication.
removed
Paperwork Reduction Act— The requirements under chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to any action to implement this Act.
Sec. 308 Confidentiality of information
removed
removed
In general— The Secretary may not disclose or use information provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement.
removed
Referrals prohibited— The Secretary may not refer any individual who has been granted permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act or who was granted DACA or temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.
removed
Limited exception— Notwithstanding subsections (a) and (b), information provided in an application for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act or a request for DACA or temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), may be shared with Federal security and law enforcement agencies—
removed
for assistance in the consideration of an application for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act;
removed
to identify or prevent fraudulent claims;
removed
for national security purposes; or
removed
for the investigation or prosecution of any felony not related to immigration status.
removed
Penalty— Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
Sec. 309 Grant program to assist eligible applicants
removed
removed
Establishment— The Secretary of Homeland Security shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this Act by providing them with the services described in subsection (b).
removed
Use of funds— Grant funds awarded under this section shall be used for the design and implementation of programs that provide—
removed
information to the public regarding the eligibility and benefits of permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act, particularly to individuals potentially eligible for such status;
removed
assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act, including—
removed
screening prospective applicants to assess their eligibility for such status;
removed
completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and
removed
providing any other assistance that the Secretary or grantee considers useful or necessary to apply for permanent resident status under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act; and
removed
assistance, within the scope of authorized practice of immigration law, and instruction, to individuals—
removed
on the rights and responsibilities of United States citizenship;
removed
in civics and English as a second language;
removed
in preparation for the General Education Development test; and
removed
in applying for adjustment of status and United States citizenship.
removed
Authorization of appropriations—
removed
Amounts authorized— There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2020 through 2030 to carry out this section.
removed
Availability— Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
Sec. 310 Provisions affecting eligibility for adjustment of status
removed
removed
An alien’s eligibility to be lawfully admitted for permanent residence under title I (whether on a conditional basis, or without the conditional basis as provided in section 105(c)(2)) or under title II of this Act shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.
Sec. 211 Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure
added
added
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—
added
applies for such adjustment, including submitting any required documents under section 227, not later than 3 years after the date of the enactment of this Act;
added
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
added
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)).
added
Aliens eligible for adjustment of status— An alien shall be eligible for adjustment of status under this section if the alien is an individual—
added
who—
added
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
added
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
added
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.
added
Application—
added
Fee— The Secretary shall, subject to an exemption under section 223(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.
added
Background checks— The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 222 are satisfied.
added
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 title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Sec. 221 Definitions
added
added
In general— In this title:
added
In general— Except as otherwise specifically provided, any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws.
added
Disability— The term disability has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)).
added
Federal poverty line— The term Federal poverty line has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a).
added
Immigration laws— The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
added
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security.
added
Uniformed services— The term Uniformed Services has the meaning given the term uniformed services in section 101(a) of title 10, United States Code.
added
Treatment of expunged convictions— For purposes of adjustment of status under this title, the terms “convicted” and conviction, as used in sections 212 and 244 of the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent.
Sec. 222 Submission of biometric and biographic data; background checks
added
added
Submission of biometric and biographic data— The Secretary may not grant an alien adjustment of status under this title unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment.
added
Background checks— The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this title. The status of an alien may not be adjusted unless security and law enforcement background checks are completed to the satisfaction of the Secretary.
Sec. 223 Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
added
added
Limitation on removal— An alien who appears to be prima facie eligible for relief under this title shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 226(c), a final decision establishing ineligibility for relief is rendered.
added
Application— An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this title. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted.
added
Fee exemption— An applicant may be exempted from paying an application fee required under this title if the applicant—
added
is younger than 18 years of age;
added
received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this title, that is less than 150 percent of the Federal poverty line;
added
is in foster care or otherwise lacks any parental or other familial support; or
added
cannot care for himself or herself because of a serious, chronic disability.
added
Waiver of grounds of inadmissibility—
added
In general— Except as provided in paragraph (2), with respect to any benefit under this title, and in addition to any waivers that are otherwise available, the Secretary may waive the grounds of inadmissibility under paragraph (1), subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs (D) through (G) of paragraph (6), or paragraph (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest.
added
Exception— The Secretary may not waive a ground described in paragraph (1) if such inadmissibility is based on a conviction or convictions, and such conviction or convictions would otherwise render the alien ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)).
added
Advance parole— During the period beginning on the date on which an alien applies for adjustment of status under this title and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this section.
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Employment— An alien whose removal is stayed pursuant to this title, or who has pending an application under this title, shall, upon application to the Secretary, be granted an employment authorization document.
Sec. 224 Determination of continuous presence
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Effect of notice To appear— Any period of continuous physical presence in the United States of an alien who applies for adjustment of status under this title shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).
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Treatment of certain breaks in presence—
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In general— Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain continuous physical presence in the United States under this title if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days.
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Extensions for extenuating circumstances— The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien.
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Travel authorized by the Secretary— Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1).
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Waiver of physical presence— With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 3 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 211(a)(2) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 211 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure.
Sec. 225 Exemption from numerical limitations
addedadded Nothing in this title or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this title.
Sec. 226 Availability of administrative and judicial review
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Administrative review— Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this title a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status.
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Judicial review— Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this title in the United States district court with jurisdiction over the alien’s residence.
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Stay of removal—
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In general— Except as provided in paragraph (2), an alien seeking administrative or judicial review under this title may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this title.
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Exception— The Secretary may remove an alien described in paragraph (1) pending judicial review if such removal is based on criminal or national security grounds. Such removal does not affect the alien’s right to judicial review under this title. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this title, or to revoke such status, is reversed.
Sec. 227 Documentation requirements
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Documents establishing identity— An alien’s application for permanent resident status under this title may include, as evidence of identity, the following:
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A passport or national identity document from the alien’s country of origin that includes the alien’s name and the alien’s photograph or fingerprint.
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The alien’s birth certificate and an identity card that includes the alien’s name and photograph.
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A school identification card that includes the alien’s name and photograph, and school records showing the alien’s name and that the alien is or was enrolled at the school.
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A Uniformed Services identification card issued by the Department of Defense.
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Any immigration or other document issued by the United States Government bearing the alien’s name and photograph.
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A State-issued identification card bearing the alien's name and photograph.
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Any other evidence determined to be credible by the Secretary.
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Documents establishing continuous physical presence— An alien’s application for permanent resident status under this title may include, as evidence that the alien has been continuously physically present in the United States, as required under section 211(a)(2), the following:
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Passport entries, including admission stamps on the alien’s passport.
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Any document from the Department of Justice or the Department of Homeland Security noting the alien’s date of entry into the United States.
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Records from any educational institution the alien has attended in the United States.
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Employment records of the alien that include the employer’s name and contact information.
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Records of service from the Uniformed Services.
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Official records from a religious entity confirming the alien’s participation in a religious ceremony.
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A birth certificate for a child who was born in the United States.
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Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization.
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Automobile license receipts or registration.
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Deeds, mortgages, or rental agreement contracts.
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Rent receipts or utility bills bearing the alien’s name or the name of an immediate family member of the alien, and the alien’s address.
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Tax receipts.
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Insurance policies.
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Remittance records, including copies of money order receipts sent in or out of the country.
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Travel records.
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Dated bank transactions.
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Two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien’s continuous physical presence in the United States, that contain—
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the name, address, and telephone number of the affiant; and
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the nature and duration of the relationship between the affiant and the alien.
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Any other evidence determined to be credible by the Secretary.
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Documents establishing exemption from application fees— An alien’s application for permanent resident status under this title may include, as evidence that the alien is exempt from an application fee under section 223(c), the following:
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Documents to establish age— To establish that an alien meets an age requirement, the alien may provide proof of identity, as described in subsection (a), that establishes that the alien is younger than 18 years of age.
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Documents to establish income— To establish the alien’s income, the alien may provide—
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employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency;
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bank records; or
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at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work and income that contain—
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the name, address, and telephone number of the affiant; and
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the nature and duration of the relationship between the affiant and the alien.
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Documents to establish foster care, lack of familial support, or serious, chronic disability— To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain—
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a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate;
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the name, address, and telephone number of the affiant; and
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the nature and duration of the relationship between the affiant and the alien.
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Authority to prohibit use of certain documents— If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this title is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents.
Sec. 228 Rule making
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In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this title, which shall allow eligible individuals to immediately apply for relief under section 211. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication.
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Paperwork Reduction Act— The requirements under chapter 35 of title 44, United States Code, (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this title.
Sec. 229 Confidentiality of information
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In general— The Secretary may not disclose or use information provided in applications filed under this title (including information provided during administrative or judicial review) for the purpose of immigration enforcement.
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Referrals prohibited— The Secretary, based solely on information provided in an application for adjustment of status under this title (including information provided during administrative or judicial review), may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity.
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Limited exception— Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this title may be shared with Federal security and law enforcement agencies—
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for assistance in the consideration of an application for adjustment of status under this title;
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to identify or prevent fraudulent claims;
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for national security purposes; or
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for the investigation or prosecution of any felony not related to immigration status.
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Penalty— Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.
Sec. 230 Grant program to assist eligible applicants
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Establishment— The Secretary of Homeland Security shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this title by providing them with the services described in subsection (b).
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Use of funds— Grant funds awarded under this section shall be used for the design and implementation of programs that provide—
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information to the public regarding the eligibility and benefits of permanent resident status under this title, particularly to individuals potentially eligible for such status;
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assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for adjustment of status under this title, including—
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screening prospective applicants to assess their eligibility for such status;
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completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and
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providing any other assistance that the Secretary or grantee considers useful or necessary to apply for adjustment of status under this title; and
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assistance, within the scope of authorized practice of immigration law, and instruction, to individuals—
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on the rights and responsibilities of United States citizenship;
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in civics and English as a second language;
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in preparation for the General Education Development test; and
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in applying for adjustment of status and United States citizenship.
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Authorization of appropriations—
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Amounts authorized— There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2020 through 2030 to carry out this section.
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Availability— Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.
Sec. 231 Provisions affecting eligibility for adjustment of status
addedadded An alien’s eligibility to be lawfully admitted for permanent residence under this title shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.