I 

112TH CONGRESS 

2D SESSION H. R. 3823 

To authorize the cancellation of removal and adjustment of status of certain 

aliens who are long-term United States residents and who entered the 

United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2012 

Mr. RIVERA introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Ways and Means, 

Armed Services, and Homeland Security, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain aliens who are long-term United 

States residents and who entered the United States as 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as— 

5 (1) the ‘‘Adjusted Residency for Military Serv6 ice Act’’; or 

7 (2) the ‘‘ARMS Act’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 3823 IH

1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

Sec. 4. Cancellation of removal of certain long-term residents who entered the 

United States as children. 

Sec. 5. Conditional nonimmigrant status. 

Sec. 6. Adjustment of status. 

Sec. 7. Treatment of aliens meeting requirements for extension of conditional 

nonimmigrant status. 

Sec. 8. Exclusive jurisdiction. 

Sec. 9. Penalties for false statements. 

Sec. 10. Confidentiality of information. 

Sec. 11. Treatment of conditional nonimmigrants for certain purposes. 

Sec. 12. Military enlistment. 

Sec. 13. GAO report. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) IN GENERAL.—Except as otherwise specifi6 cally provided, a term used in this Act that is used 

7 in the immigration laws shall have the meaning 

8 given such term in the immigration laws. 

9 (2) CONDITIONAL NONIMMIGRANT.— 

10 (A) DEFINITION.—The term ‘‘conditional 

11 nonimmigrant’’ means an alien who is granted 

12 conditional nonimmigrant status under this Act. 

13 (B) DESCRIPTION.—A conditional non14 immigrant— 

15 (i) shall be considered to be an alien 

16 within a nonimmigrant class for purposes 

17 of the immigration laws; 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 3823 IH

1 (ii) may have the intention perma2 nently to reside in the United States; and 

3 (iii) is not required to have a foreign 

4 residence which the alien has no intention 

5 of abandoning. 

6 (3) IMMIGRATION LAWS.—The term ‘‘immigra7 tion laws’’ has the meaning given such term in sec8 tion 101(a)(17) of the Immigration and Nationality 

9 Act (8 U.S.C. 1101(a)(17)). 

10 (4) INSTITUTION OF HIGHER EDUCATION.—The 

11 term ‘‘institution of higher education’’ has the 

12 meaning given such term in section 102 of the High13 er Education Act of 1965 (20 U.S.C. 1002), except 

14 that the term does not include an institution of high15 er education outside the United States. 

16 (5) MILITARY-RELATED TERMS.—The terms 

17 ‘‘armed forces’’, ‘‘active duty’’, ‘‘active service’’, and 

18 ‘‘active status’’ have the meanings given those terms 

19 in section 101 of title 10, United States Code. 

20 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG21 TERM RESIDENTS WHO ENTERED THE 

22 UNITED STATES AS CHILDREN. 

23 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI24 DENTS WHO ENTERED THE UNITED STATES AS CHIL25 DREN.— 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 3823 IH

1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law and except as otherwise provided in 

3 this Act, the Secretary of Homeland Security may 

4 cancel removal of an alien who is inadmissible or de5 portable from the United States, and grant the alien 

6 conditional nonimmigrant status, if the alien dem7 onstrates by a preponderance of the evidence that— 

8 (A) the alien has been physically present in 

9 the United States for a continuous period of 

10 not less than 5 years immediately preceding the 

11 date of the enactment of this Act and was 

12 younger than 16 years of age on the date the 

13 alien initially entered the United States; 

14 (B) the alien has been a person of good 

15 moral character since the date the alien initially 

16 entered the United States; 

17 (C) subject to paragraph (2), the alien— 

18 (i) is not inadmissible under para19 graph (1), (2), (3), (4), (6)(E), (6)(G), (8), 

20 (10)(A), (10)(C), or (10)(D) of section 

21 212(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1182(a)); 

23 (ii) is not deportable under paragraph 

24 (1)(E), (1)(G), (2), (4), (5), or (6) of secVerDate Mar 15 2010 04:16 Jan 25, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3823.IH H3823

rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 3823 IH

1 tion 237(a) of the Immigration and Na2 tionality Act (8 U.S.C. 1227(a)); 

3 (iii) has not ordered, incited, assisted, 

4 or otherwise participated in the persecution 

5 of any person on account of race, religion, 

6 nationality, membership in a particular so7 cial group, or political opinion; and 

8 (iv) has not been convicted of— 

9 (I) any offense under Federal or 

10 State law punishable by a maximum 

11 term of imprisonment of more than 1 

12 year; or 

13 (II) 3 or more offenses under 

14 Federal or State law, for which the 

15 alien was convicted on different dates 

16 for each of the 3 offenses and sen17 tenced to imprisonment for an aggre18 gate of 90 days or more; 

19 (D) the alien— 

20 (i) has been admitted to an institution 

21 of higher education in the United States; 

22 or 

23 (ii) has earned a high school diploma 

24 or obtained a general education develop25 ment certificate in the United States; 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 3823 IH

1 (E) the alien has never been under a final 

2 administrative or judicial order of exclusion, de3 portation, or removal, unless the alien— 

4 (i) has remained in the United States 

5 under color of law after such order was 

6 issued; or 

7 (ii) received the order before attaining 

8 the age of 16 years; and 

9 (F) the alien was younger than 30 years of 

10 age on the date of the enactment of this Act. 

11 (2) WAIVER.—With respect to any benefit 

12 under this Act, the Secretary of Homeland Security 

13 may waive the ground of inadmissibility under para14 graph (1), (4), or (6) of section 212(a) of the Immi15 gration and Nationality Act (8 U.S.C. 1182(a)) and 

16 the ground of deportability under paragraph (1) of 

17 section 237(a) of that Act (8 U.S.C. 1227(a)) for 

18 humanitarian purposes or family unity or when it is 

19 otherwise in the public interest. 

20 (3) PROCEDURES.—The Secretary of Homeland 

21 Security shall provide a procedure by regulation al22 lowing eligible individuals to apply affirmatively for 

23 the relief available under this subsection without 

24 being placed in removal proceedings. 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 3823 IH

1 (4) SURCHARGE.—The Secretary of Homeland 

2 Security shall charge and collect a surcharge of 

3 $525 per application on all applications for relief 

4 under this subsection. Such surcharge shall be in ad5 dition to the otherwise applicable application fee im6 posed for the purpose of recovering the full costs of 

7 providing adjudication and processing services. Not8 withstanding any other provision of law, including 

9 section 286 of the Immigration and Nationality Act 

10 (8 U.S.C. 1356), any surcharge collected under this 

11 paragraph shall be deposited as offsetting receipts in 

12 the General Fund of the Treasury and shall not be 

13 available for obligation or expenditure. 

14 (5) DEADLINE FOR SUBMISSION OF APPLICA15 TION.—An alien shall submit an application for can16 cellation of removal and conditional nonimmigrant 

17 status under this subsection no later than the date 

18 that is 1 year after the later of— 

19 (A) the date the alien earned a high school 

20 diploma or obtained a general education devel21 opment certificate in the United States; or 

22 (B) the effective date of the interim regu23 lations under subsection (d). 

24 (6) SUBMISSION OF BIOMETRIC AND BIO25 GRAPHIC DATA.—The Secretary of Homeland SecuVerDate Mar 15 2010 04:16 Jan 25, 2012 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3823.IH H3823

rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 3823 IH

1 rity may not cancel the removal of an alien or grant 

2 conditional nonimmigrant status to the alien under 

3 this subsection unless the alien submits biometric 

4 and biographic data, in accordance with procedures 

5 established by the Secretary. The Secretary shall 

6 provide an alternative procedure for applicants who 

7 are unable to provide such biometric or biographic 

8 data because of a physical impairment. 

9 (7) BACKGROUND CHECKS.— 

10 (A) REQUIREMENT FOR BACKGROUND

11 CHECKS.—The Secretary of Homeland Security 

12 shall utilize biometric, biographic, and other 

13 data that the Secretary determines is appro14 priate— 

15 (i) to conduct security and law en16 forcement background checks of an alien 

17 seeking relief available under this sub18 section; and 

19 (ii) to determine whether there is any 

20 criminal, national security, or other factor 

21 that would render the alien ineligible for 

22 such relief. 

23 (B) COMPLETION OF BACKGROUND

24 CHECKS.—The security and law enforcement 

25 background checks required by subparagraph 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 3823 IH

1 (A) shall be completed, to the satisfaction of the 

2 Secretary, prior to the date the Secretary can3 cels the removal of the alien under this sub4 section. 

5 (8) MEDICAL EXAMINATION.—An alien applying 

6 for relief available under this subsection shall under7 go a medical observation and examination. The Sec8 retary of Homeland Security, with the concurrence 

9 of the Secretary of Health and Human Services, 

10 shall prescribe policies and procedures for the nature 

11 and timing of such observation and examination. 

12 (9) MILITARY SELECTIVE SERVICE.—An alien 

13 applying for relief available under this subsection 

14 shall establish that the alien has registered under 

15 the Military Selective Service Act (50 U.S.C. App. 

16 451 et seq.), if the alien is subject to such registra17 tion under that Act. 

18 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

19 purposes of this section, any period of continuous resi20 dence or continuous physical presence in the United States 

21 of an alien who applies for cancellation of removal under 

22 subsection (a) shall not terminate when the alien is served 

23 a notice to appear under section 239(a) of the Immigra24 tion and Nationality Act (8 U.S.C. 1229(a)). 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 3823 IH

1 (c) TREATMENT OF CERTAIN BREAKS IN PRES2 ENCE.— 

3 (1) IN GENERAL.—An alien shall be considered 

4 to have failed to maintain continuous physical pres5 ence in the United States under subsection (a) if the 

6 alien has departed from the United States for any 

7 period in excess of 90 days or for any periods in the 

8 aggregate exceeding 180 days. 

9 (2) EXTENSIONS FOR EXCEPTIONAL CIR10 CUMSTANCES.—The Secretary of Homeland Security 

11 may extend the time periods described in paragraph 

12 (1) if the alien demonstrates that the failure to time13 ly return to the United States was due to excep14 tional circumstances. The exceptional circumstances 

15 determined sufficient to justify an extension should 

16 be no less compelling than serious illness of the 

17 alien, or death or serious illness of a parent, grand18 parent, sibling, or child. 

19 (d) REGULATIONS.— 

20 (1) INITIAL PUBLICATION.—Not later than 180 

21 days after the date of the enactment of this Act, the 

22 Secretary of Homeland Security shall publish regula23 tions implementing this section. 

24 (2) INTERIM REGULATIONS.—Notwithstanding 

25 section 553 of title 5, United States Code, the reguVerDate Mar 15 2010 04:16 Jan 25, 2012 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3823.IH H3823

rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 3823 IH

1 lations required by paragraph (1) shall be effective, 

2 on an interim basis, immediately upon publication 

3 but may be subject to change and revision after pub4 lic notice and opportunity for a period of public com5 ment. 

6 (3) FINAL REGULATIONS.—Within a reasonable 

7 time after publication of the interim regulations in 

8 accordance with paragraph (1), the Secretary of 

9 Homeland Security shall publish final regulations 

10 implementing this section. 

11 (e) REMOVAL OF ALIEN.—The Secretary of Home12 land Security may not remove any alien who— 

13 (1) has a pending application for conditional 

14 nonimmigrant status under this Act; and 

15 (2) establishes prima facie eligibility for can16 cellation of removal and conditional nonimmigrant 

17 status under subsection (a). 

18 SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 

19 (a) LENGTH OF STATUS.—Conditional nonimmigrant 

20 status granted under section 4 shall be valid for an initial 

21 period of 5 years, subject to termination under subsection 

22 (c) of this section. 

23 (b) TERMS OF CONDITIONAL NONIMMIGRANT STA24 TUS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 3823 IH

1 (1) EMPLOYMENT.—A conditional non2 immigrant shall be authorized— 

3 (A) to be employed in the United States 

4 incident to conditional nonimmigrant status; 

5 and 

6 (B) to enlist in the armed forces as pro7 vided in 504(b)(1)(D) of title 10, United States 

8 Code, as added by section 12. 

9 (2) TRAVEL.—A conditional nonimmigrant may 

10 travel outside the United States and may be admit11 ted (if otherwise admissible) upon return to the 

12 United States without having to obtain a visa if— 

13 (A) the alien is the bearer of valid, unex14 pired documentary evidence of conditional non15 immigrant status; and 

16 (B) the alien’s absence from the United 

17 States was not for a period exceeding 180 days 

18 or the alien was absent from the United States 

19 due to active service in the armed forces. 

20 (c) TERMINATION OF STATUS.— 

21 (1) IN GENERAL.—The Secretary of Homeland 

22 Security shall terminate the conditional non23 immigrant status of any alien if the Secretary deter24 mines that the alien— 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 3823 IH

1 (A) failed to enlist, and be accepted for en2 listment, in the armed forces within 9 months 

3 after the date on which the alien was granted 

4 conditional nonimmigrant status; 

5 (B) ceases to meet the requirements of 

6 subparagraph (B) or (C) of section 4(a)(1); 

7 (C) has become a public charge; or 

8 (D) has received a dishonorable or other 

9 than honorable discharge from the armed 

10 forces. 

11 (2) RETURN TO PREVIOUS IMMIGRATION STA12 TUS.—Any alien whose conditional nonimmigrant 

13 status is terminated under paragraph (1) shall re14 turn to the immigration status the alien had imme15 diately prior to receiving conditional nonimmigrant 

16 status. 

17 (d) EXTENSION OF STATUS.— 

18 (1) ELIGIBILITY.—The Secretary of Homeland 

19 Security shall extend the conditional nonimmigrant 

20 status of an alien for a second period of 5 years if 

21 the following requirements are met: 

22 (A) The alien has demonstrated good 

23 moral character during the entire period the 

24 alien has been a conditional nonimmigrant. 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 3823 IH

1 (B) The alien is in compliance with section 

2 4(a)(1)(C). 

3 (C) The alien has not abandoned the 

4 alien’s residence in the United States. For pur5 poses of this subparagraph— 

6 (i) the Secretary shall presume that 

7 the alien has abandoned such residence if 

8 the alien is absent from the United States 

9 for more than 365 days, in the aggregate, 

10 during the period of conditional non11 immigrant status, unless the alien dem12 onstrates that the alien has not abandoned 

13 the alien’s residence; and 

14 (ii) an alien who is absent from the 

15 United States due to active service in the 

16 armed forces has not abandoned the alien’s 

17 residence in the United States during the 

18 period of such service. 

19 (D) The alien has served as a member of 

20 a regular or reserve component of the armed 

21 forces on active duty for at least 2 years or as 

22 a member of a reserve component of the armed 

23 forces in an active status for at least 4 years, 

24 and, if discharged, received an honorable dis25 charge. 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 3823 IH

1 (2) SURCHARGE.—The Secretary of Homeland 

2 Security shall charge and collect a surcharge of 

3 $2,000 per application on all applications for an ex4 tension under this subsection. Such surcharge shall 

5 be in addition to the otherwise applicable application 

6 fee imposed for the purpose of recovering the full 

7 costs of providing adjudication and processing serv8 ices. Notwithstanding any other provision of law, in9 cluding section 286 of the Immigration and Nation10 ality Act (8 U.S.C. 1356), any surcharge collected 

11 under this paragraph shall be deposited as offsetting 

12 receipts in the General Fund of the Treasury and 

13 shall not be available for obligation or expenditure. 

14 SEC. 6. ADJUSTMENT OF STATUS. 

15 (a) IN GENERAL.—A conditional nonimmigrant may 

16 file with the Secretary of Homeland Security, in accord17 ance with subsection (c), an application to have the alien’s 

18 status adjusted to that of an alien lawfully admitted for 

19 permanent residence. The application shall provide, under 

20 penalty of perjury, the facts and information so that the 

21 Secretary may make the determination described in para22 graph (b)(1). 

23 (b) ADJUDICATION OF APPLICATION FOR ADJUST24 MENT OF STATUS.— 


rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 3823 IH

1 (1) IN GENERAL.—If an application is filed in 

2 accordance with subsection (a) for an alien, the Sec3 retary of Homeland Security shall make a deter4 mination as to whether the alien meets the require5 ments set out in paragraphs (1) through (4) of sub6 section (d). 

7 (2) ADJUSTMENT OF STATUS IF FAVORABLE

8 DETERMINATION.—If the Secretary determines that 

9 the alien meets such requirements, the Secretary 

10 shall notify the alien of such determination and ad11 just the alien’s status to that of an alien lawfully ad12 mitted for permanent residence, effective as of the 

13 date of approval of the application. 

14 (3) TERMINATION IF ADVERSE DETERMINA15 TION.—If the Secretary determines that the alien 

16 does not meet such requirements, the Secretary shall 

17 notify the alien of such determination and terminate 

18 the conditional nonimmigrant status of the alien as 

19 of the date of the determination. 

20 (c) TIME TO FILE APPLICATION.— 

21 (1) IN GENERAL.—An alien shall file an appli22 cation for adjustment of status during the period— 

23 (A) beginning on the date on which the 

24 alien obtained an extension of status under sec25 tion 5(d); and 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 3823 IH

1 (B) ending on either the date that is 10 

2 years after the date of the initial grant of con3 ditional nonimmigrant status or any other expi4 ration date of the conditional nonimmigrant 

5 status as extended by the Secretary of Home6 land Security in accordance with this Act. 

7 (2) STATUS DURING PENDENCY.—The alien 

8 shall be deemed to be in conditional nonimmigrant 

9 status in the United States during the period in 

10 which such application is pending. 

11 (d) CONTENTS OF APPLICATION.—Each application 

12 for an alien under subsection (a) shall contain information 

13 to permit the Secretary of Homeland Security to deter14 mine whether each of the following requirements is met: 

15 (1) The alien has demonstrated good moral 

16 character during the entire period the alien has been 

17 a conditional nonimmigrant. 

18 (2) The alien is in compliance with section 

19 4(a)(1)(C). 

20 (3) The alien has not abandoned the alien’s res21 idence in the United States. For purposes of this 

22 paragraph— 

23 (A) the Secretary shall presume that the 

24 alien has abandoned such residence if the alien 

25 is absent from the United States for more than 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 3823 IH

1 730 days, in the aggregate, during the period of 

2 conditional nonimmigrant status, unless the 

3 alien demonstrates that the alien has not aban4 doned the alien’s residence; and 

5 (B) an alien who is absent from the United 

6 States due to active service in the armed forces 

7 has not abandoned the alien’s residence in the 

8 United States during the period of such service. 

9 (e) CITIZENSHIP REQUIREMENT.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the status of a conditional nonimmigrant 

12 shall not be adjusted to permanent resident status 

13 unless the alien demonstrates that the alien satisfies 

14 the requirements of section 312(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1423(a)). 

16 (2) EXCEPTION.—Paragraph (1) shall not 

17 apply to an alien who is unable because of a physical 

18 or developmental disability or mental impairment to 

19 meet the requirements of such paragraph. 

20 (f) PAYMENT OF FEDERAL TAXES.— 

21 (1) IN GENERAL.—Not later than the date on 

22 which an application is filed under subsection (a) for 

23 adjustment of status, the alien shall satisfy any ap24 plicable Federal tax liability due and owing on such 

25 date. 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 3823 IH

1 (2) APPLICABLE FEDERAL TAX LIABILITY.— 

2 For purposes of paragraph (1), the term ‘‘applicable 

3 Federal tax liability’’ means liability for Federal 

4 taxes imposed under the Internal Revenue Code of 

5 1986, including any penalties and interest thereon. 

6 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

7 DATA.—The Secretary of Homeland Security may not ad8 just the status of an alien under this section unless the 

9 alien submits biometric and biographic data, in accordance 

10 with procedures established by the Secretary. The Sec11 retary shall provide an alternative procedure for applicants 

12 who are unable to provide such biometric or biographic 

13 data because of a physical impairment. 

14 (h) BACKGROUND CHECKS.— 

15 (1) REQUIREMENT FOR BACKGROUND

16 CHECKS.—The Secretary of Homeland Security shall 

17 utilize biometric, biographic, and other data that the 

18 Secretary determines appropriate— 

19 (A) to conduct security and law enforce20 ment background checks of an alien applying 

21 for adjustment of status under this section; and 

22 (B) to determine whether there is any 

23 criminal, national security, or other factor that 

24 would render the alien ineligible for such ad25 justment of status. 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 3823 IH

1 (2) COMPLETION OF BACKGROUND CHECKS.— 

2 The security and law enforcement background 

3 checks required by paragraph (1) shall be completed, 

4 to the satisfaction of the Secretary, prior to the date 

5 the Secretary grants adjustment of status. 

6 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

7 Nothing in this section or in any other law may be con8 strued to apply a numerical limitation on the number of 

9 aliens who may be eligible for adjustment of status under 

10 this section. 

11 (j) ELIGIBILITY FOR NATURALIZATION.—An alien 

12 whose status is adjusted under this section to that of an 

13 alien lawfully admitted for permanent residence may be 

14 naturalized upon compliance with all the requirements of 

15 the immigration laws except the provisions of paragraph 

16 (1) of section 316(a) of the Immigration and Nationality 

17 Act (8 U.S.C. 1427(a)), if such person immediately pre18 ceding the date of filing the application for naturalization 

19 has resided continuously, after being lawfully admitted for 

20 permanent residence, within the United States for at least 

21 3 years, and has been physically present in the United 

22 States for periods totaling at least half of that time and 

23 has resided within the State or the district of U.S. Citizen24 ship and Immigration Services in the United States in 

25 which the applicant filed the application for at least 3 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•HR 3823 IH

1 months. An alien described in this subsection may file the 

2 application for naturalization as provided in the second 

3 sentence of subsection (a) of section 334 of the Immigra4 tion and Nationality Act (8 U.S.C. 1445). 

5 SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 

6 FOR EXTENSION OF CONDITIONAL NON7 IMMIGRANT STATUS. 

8 If, on the date of the enactment of this Act, an alien 

9 has satisfied all the requirements of section 4(a)(1) and 

10 section 5(d)(1)(D), the Secretary of Homeland Security 

11 may cancel removal and grant conditional nonimmigrant 

12 status in accordance with section 4, and may extend condi13 tional nonimmigrant status in accordance with section 

14 5(d). The alien may apply for adjustment of status in ac15 cordance with section 6(a) if the alien has met the require16 ments of subparagraphs (A), (B), and (C) of section 

17 5(d)(1) during the entire period of conditional non18 immigrant status. 

19 SEC. 8. EXCLUSIVE JURISDICTION. 

20 The Secretary of Homeland Security shall have exclu21 sive jurisdiction to determine eligibility for relief under 

22 this Act, except where the alien has been placed into de23 portation, exclusion, or removal proceedings either prior 

24 to or after filing an application for cancellation of removal 

25 and conditional nonimmigrant status or adjustment of staVerDate Mar 15 2010 04:16 Jan 25, 2012 Jkt 019200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3823.IH H3823

rfrederick on DSK6VPTVN1PROD with BILLS
22 

•HR 3823 IH

1 tus under this Act, in which case the Attorney General 

2 shall have exclusive jurisdiction and shall assume all the 

3 powers and duties of the Secretary until proceedings are 

4 terminated, or if a final order of deportation, exclusion, 

5 or removal is entered the Secretary shall resume all powers 

6 and duties delegated to the Secretary under this Act. If 

7 the Secretary grants relief under this Act, the final order 

8 of deportation, exclusion, or removal shall be terminated. 

9 SEC. 9. PENALTIES FOR FALSE STATEMENTS. 

10 Whoever files an application for any benefit under 

11 this Act and willfully and knowingly falsifies, misrepre12 sents, or conceals a material fact or makes any false or 

13 fraudulent statement or representation, or makes or uses 

14 any false writing or document knowing the same to con15 tain any false or fraudulent statement or entry, shall be 

16 fined in accordance with title 18, United States Code, im17 prisoned not more than 5 years, or both. 

18 SEC. 10. CONFIDENTIALITY OF INFORMATION. 

19 (a) PROHIBITION.—Except as provided in subsection 

20 (b), no officer or employee of the United States may— 

21 (1) use the information furnished by an indi22 vidual pursuant to an application filed under this 

23 Act to initiate removal proceedings against any per24 son identified in the application; 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•HR 3823 IH

1 (2) make any publication whereby the informa2 tion furnished by any particular individual pursuant 

3 to an application under this Act can be identified; or 

4 (3) permit anyone other than an officer or em5 ployee of the United States Government or, in the 

6 case of an application filed under this Act with a 

7 designated entity, that designated entity, to examine 

8 such application filed under this Act. 

9 (b) REQUIRED DISCLOSURE.—The Attorney General 

10 or the Secretary of Homeland Security shall provide the 

11 information furnished under this Act, and any other infor12 mation derived from such furnished information, to— 

13 (1) a Federal, State, tribal, or local law enforce14 ment agency, intelligence agency, national security 

15 agency, component of the Department of Homeland 

16 Security, court, or grand jury in connection with a 

17 criminal investigation or prosecution, a background 

18 check conducted pursuant to the Brady Handgun 

19 Violence Protection Act (Public Law 103–159; 107 

20 Stat. 1536) or an amendment made by that Act, or 

21 for homeland security or national security purposes, 

22 if such information is requested by such entity or 

23 consistent with an information sharing agreement or 

24 mechanism; or 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•HR 3823 IH

1 (2) an official coroner for purposes of affirma2 tively identifying a deceased individual (whether or 

3 not such individual is deceased as a result of a 

4 crime). 

5 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

6 CONDUCT.—Notwithstanding any other provision of this 

7 section, information concerning whether an alien seeking 

8 relief under this Act has engaged in fraud in an applica9 tion for such relief or at any time committed a crime may 

10 be used or released for immigration enforcement, law en11 forcement, or national security purposes. 

12 (d) PENALTY.—Whoever knowingly uses, publishes, 

13 or permits information to be examined in violation of this 

14 section shall be fined not more than $10,000. 

15 SEC. 11. TREATMENT OF CONDITIONAL NONIMMIGRANTS 

16 FOR CERTAIN PURPOSES. 

17 (a) IN GENERAL.—An individual granted conditional 

18 nonimmigrant status under this Act shall, while such indi19 vidual remains in such status, be considered lawfully 

20 present for all purposes except— 

21 (1) section 36B of the Internal Revenue Code 

22 of 1986 (concerning premium tax credits), as added 

23 by section 1401 of the Patient Protection and Af24 fordable Care Act (Public Law 111–148); and 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•HR 3823 IH

1 (2) section 1402 of the Patient Protection and 

2 Affordable Care Act (concerning reduced cost shar3 ing; 42 U.S.C. 18071). 

4 (b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY

5 WAITING PERIOD UNDER PRWORA.—An individual who 

6 has met the requirements under this Act for adjustment 

7 from conditional nonimmigrant status to lawful perma8 nent resident status shall be considered, as of the date 

9 of such adjustment, to have completed the 5-year period 

10 specified in section 403 of the Personal Responsibility and 

11 Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 

12 1613). 

13 SEC. 12. MILITARY ENLISTMENT. 

14 Section 504(b)(1) of title 10, United States Code, is 

15 amended by adding at the end the following new subpara16 graph: 

17 ‘‘(D) An alien who is a conditional non18 immigrant (as that term is defined in section 3 of 

19 the Adjusted Residency for Military Service Act).’’. 

20 SEC. 13. GAO REPORT. 

21 Not later than 7 years after the date of the enact22 ment of this Act, the Comptroller General of the United 

23 States shall submit to the Committee on the Judiciary of 

24 the Senate and the Committee on the Judiciary of the 

25 House of Representatives a report setting forth— 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•HR 3823 IH

1 (1) the number of aliens who were eligible for 

2 cancellation of removal and grant of conditional non3 immigrant status under section 4(a); 

4 (2) the number of aliens who applied for can5 cellation of removal and grant of conditional non6 immigrant status under section 4(a); 

7 (3) the number of aliens who were granted con8 ditional nonimmigrant status under section 4(a); 

9 and 

10 (4) the number of aliens whose status was ad11 justed to that of an alien lawfully admitted for per12 manent residence under section 6. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS