H.R. 6 — what changed

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—

is described in section 102(b)(1)(C);

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

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;

has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or

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 102(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment.

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—

satisfies the requirements under subparagraphs (A) and (B) of paragraph (1);

demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and

demonstrates that—

the alien has a disability;

the alien is a full-time caregiver; or

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.

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)).

Exception— Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability.

Application fee— The Secretary may, subject to an exemption under section 303(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.

Background checks— The Secretary may not remove the conditional basis of an alien’s permanent resident status until the requirements of section 302 are satisfied.

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.

Limitation on application for naturalization— An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.

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).

demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and

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.

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 102(b)(4) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien.

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 303(c), but shall not be required to pay the application fee under section 102(b)(3).

In general— Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

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).

applies for such adjustment, including submitting any required documents under section 307, not later than 3 years after the date of the enactment of this Act;

has been continuously physically present in the United States for a period of not less than 3 years; and

subject to subsection (c), 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)).

Aliens eligible for adjustment of status— An alien shall be eligible for adjustment of status under this section if the alien is an individual—

who—

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

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

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.

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)).

Fee— The Secretary shall, subject to an exemption under section 303(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.

Background checks— The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied.

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.).

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; and

continuous residence in the United States under this Act 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.

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;

death or serious illness of a parent, grandparent, sibling, or child of the alien;

processing delays associated with the application process for a visa or other travel document; or

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).

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 102(b)(1)(A) or section 202(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 102 or 202 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure.

Documents establishing identity— An alien’s application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) may include, as evidence of identity, the following:

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.

The alien’s birth certificate and an identity card that includes the alien’s name and photograph.

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.

A Uniformed Services identification card issued by the Department of Defense.

Any immigration or other document issued by the United States Government bearing the alien’s name and photograph.

A State-issued identification card bearing the alien’s name and photograph.

Any other evidence determined to be credible by the Secretary.

Documents establishing entry, continuous physical presence, lack of abandonment of residence— To establish that an alien was 18 years of age or younger 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 102(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 102(b)(1)(A) or 202(a)(2), or that an alien has not abandoned residence in the United States, as required under section 104(a)(1)(B), the alien may submit the following forms of evidence:

Passport entries, including admission stamps on the alien’s passport.

Any document from the Department of Justice or the Department of Homeland Security noting the alien’s date of entry into the United States.

Records from any educational institution the alien has attended in the United States.

Employment records of the alien that include the employer’s name and contact information, or other records demonstrating earned income.

Records of service from the Uniformed Services.

Official records from a religious entity confirming the alien’s participation in a religious ceremony.

A birth certificate for a child who was born in the United States.

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.

Automobile license receipts or registration.

Deeds, mortgages, or rental agreement contracts.

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.

Tax receipts.

Insurance policies.

Remittance records, including copies of money order receipts sent in or out of the country.

Travel records.

Dated bank transactions.

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—

the name, address, and telephone number of the affiant; and

the nature and duration of the relationship between the affiant and the alien.

Any other evidence determined to be credible by the Secretary.

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—

has been admitted to the institution; or

is currently enrolled in the institution as a student.

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.

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 102(b)(1)(D)(iii), the alien may submit to the Secretary the following:

A high school diploma, certificate of completion, or other alternate award.

A high school equivalency diploma or certificate recognized under State law.

Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States.

Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award.

Evidence that the alien obtained a recognized postsecondary credential.

Any other evidence determined to be credible by the Secretary.

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)(iv) or 104(a)(1)(C), the alien may submit school records from the United States school that the alien is currently attending that include—

the name of the school; and

the alien’s name, periods of attendance, and current grade or educational level.

Documents establishing exemption from application fees— To establish that an alien is exempt from an application fee under this Act, the alien may submit to the Secretary the following relevant documents:

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 18 years of age or younger.

Documents to establish income— To establish the alien’s income, the alien may provide—

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;

bank records; or

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—

the name, address, and telephone number of the affiant; and

the nature and duration of the relationship between the affiant and the alien.

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—

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;

the name, address, and telephone number of the affiant; and

the nature and duration of the relationship between the affiant and the alien.

Documents establishing qualification for hardship exemption— To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 104(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—

the name, address, and telephone number of the affiant; and

the nature and duration of the relationship between the affiant and the alien.

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—

a Department of Defense form DD–214;

a National Guard Report of Separation and Record of Service form 22;

personnel records for such service from the appropriate Uniformed Service; or

health records from the appropriate Uniformed Service.

In general— An alien may satisfy the earned income requirement under section 104(a)(1)(C)(iii) by submitting records that—

establish compliance with such requirement; and

have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency.

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—

bank records;

business records;

employer or contractor records;

records of a labor union, day labor center, or organization that assists workers in employment;

sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien’s work, that contain—

the name, address, and telephone number of the affiant; and

the nature and duration of the relationship between the affiant and the alien;

remittance records; or

any other evidence determined to be credible by the Secretary.