II 

115TH CONGRESS 

1ST SESSION S. 1852 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 25, 2017 

Mr. TILLIS (for himself, Mr. LANKFORD, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Solution for Undocumented Children through Careers, 

6 Employment, Education, and Defending our Nation Act’’ 

7 or the ‘‘SUCCEED Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Cancellation of removal of certain long-term residents who entered the 

United States as children. 

Sec. 4. Conditional permanent resident status. 

Sec. 5. Removal of conditional basis for permanent residence. 

Sec. 6. Limitation on parole authority. 

Sec. 7. Failure to comply with status requirements; visa overstays. 

Sec. 8. Benefits for relatives of aliens granted conditional permanent resident 

status. 

Sec. 9. Exclusive jurisdiction. 

Sec. 10. Confidentiality of information. 

Sec. 11. Restriction on welfare benefits for conditional permanent residents. 

Sec. 12. GAO report. 

Sec. 13. Military enlistment. 

Sec. 14. Eligibility for naturalization. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

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

7 used in the immigration laws shall have the meaning 

8 given such term in the immigration laws. 

9 (2) ALIEN ENLISTEE.—The term ‘‘alien en10 listee’’ means a conditional permanent resident that 

11 seeks to maintain or extend such status by com12 plying with the requirements under this Act relating 

13 to enlistment and service in the Armed Forces of the 

14 United States. 

15 (3) ALIEN POSTSECONDARY STUDENT.—The 

16 term ‘‘alien postsecondary student’’ means a condi17 tional permanent resident that seeks to maintain or 

18 extend such status by complying with the requireVerDate Sep 11 2014 20:51 Sep 26, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1852.IS S1852

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1 ments under this Act relating to enrollment in, and 

2 graduation from, an institution of higher education 

3 in the United States. 

4 (4) CONDITIONAL PERMANENT RESIDENT.— 

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

6 permanent resident’’ means an alien described 

7 in subparagraph (B) who is granted conditional 

8 permanent resident status under this Act. 

9 (B) DESCRIPTION.—An alien granted con10 ditional permanent resident status under this 

11 Act— 

12 (i) shall not be considered to be an 

13 alien who is unlawfully present in the 

14 United States for purposes of the immigra15 tion laws, including section 505 of the Ille16 gal Immigration Reform and Immigrant 

17 Responsibility Act of 1996 (8 U.S.C. 

18 1623); 

19 (ii) shall not be considered a lawful 

20 permanent resident for the purpose of— 

21 (I) petitioning for relatives under 

22 section 204(a) of the Immigration and 

23 Nationality Act (8 U.S.C. 1154(a)); 

24 or 


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1 (II) seeking adjustment of status 

2 under section 245(a) of such Act (8 

3 U.S.C. 1255(a)); 

4 (iii) has the intention to permanently 

5 reside in the United States; 

6 (iv) is not required to have a foreign 

7 residence which the alien has no intention 

8 of abandoning; and 

9 (v) shall be considered to have been 

10 inspected and admitted for the purposes of 

11 section 245(a) of the Immigration and Na12 tionality Act (8 U.S.C. 1255(a)) after the 

13 condition on the alien’s permanent resident 

14 status has been removed pursuant to sec15 tion 5. 

16 (5) FEDERAL PUBLIC BENEFIT.—The term 

17 ‘‘Federal public benefit’’ means— 

18 (A) the American Opportunity Tax Credit 

19 authorized under section 25A(i) of the Internal 

20 Revenue Code of 1986; 

21 (B) the Earned Income Tax Credit author22 ized under section 32 of the Internal Revenue 

23 Code of 1986; 


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1 (C) the Health Coverage Tax Credit au2 thorized under section 35 of the Internal Rev3 enue Code of 1986; 

4 (D) Social Security benefits authorized 

5 under title II of the Social Security Act (42 

6 U.S.C. 401 et seq.); 

7 (E) Medicare benefits authorized under 

8 title XVIII of the Social Security Act (42 

9 U.S.C. 1395 et seq.); and 

10 (F) benefits received under the Federal11 State Unemployment Compensation Act of 

12 1970 (26 U.S.C. 3304 note). 

13 (6) IMMIGRATION LAWS.—The term ‘‘immigra14 tion laws’’ has the meaning given the term in section 

15 101(a)(17) of the Immigration and Nationality Act 

16 (8 U.S.C. 1101(a)(17)). 

17 (7) INSTITUTION OF HIGHER EDUCATION.—The 

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

19 meaning given the term in section 102 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1002), except 

21 that the term does not include an institution of high22 er education outside the United States. 

23 (8) MILITARY-RELATED TERMS.—The terms 

24 ‘‘active duty’’, ‘‘active service’’, ‘‘active status’’, and 


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1 ‘‘armed forces’’ have the meanings given those terms 

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

3 (9) APPLICABLE FEDERAL TAX LIABILITY.— 

4 The term ‘‘applicable Federal tax liability’’ means li5 ability for Federal taxes imposed under the Internal 

6 Revenue Code of 1986, including any penalties and 

7 interest on such taxes. 

8 (10) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Homeland Security. 

10 (11) SIGNIFICANT MISDEMEANOR.—The term 

11 ‘‘significant misdemeanor’’ means— 

12 (A) a criminal offense involving— 

13 (i) domestic violence; 

14 (ii) sexual abuse or exploitation, in15 cluding sexually explicit conduct involving 

16 minors (as such terms are defined in sec17 tion 2256 of title 18, United States Code); 

18 (iii) burglary; 

19 (iv) unlawful possession or use of a 

20 firearm; 

21 (v) drug distribution or trafficking; or 

22 (vi) driving under the influence or 

23 driving while intoxicated; or 

24 (B) any other misdemeanor for which the 

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1 ment of not less than 90 days (excluding a sus2 pended sentence). 

3 SEC. 3. CANCELLATION OF REMOVAL OF CERTAIN LONG4 TERM RESIDENTS WHO ENTERED THE 

5 UNITED STATES AS CHILDREN. 

6 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI7 DENTS WHO ENTERED THE UNITED STATES AS CHIL8 DREN.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law and except as otherwise provided in 

11 this Act, the Secretary may cancel the removal of an 

12 alien who is inadmissible or deportable from the 

13 United States and grant the alien conditional perma14 nent resident status under this Act, if the alien— 

15 (A) has been physically present in the 

16 United States for a continuous period since 

17 June 15, 2012; 

18 (B) was younger than 16 years of age on 

19 the date on which the alien initially entered the 

20 United States; 

21 (C) was younger than 31 years of age and 

22 had no lawful status in the United States on 

23 June 15, 2012; 

24 (D) if 18 years of age or older— 


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1 (i) has, while in the United States, 

2 earned a high school diploma, obtained a 

3 general education development certificate 

4 recognized under State law, or received a 

5 high school equivalency diploma; 

6 (ii) has been admitted to an institu7 tion of higher education in the United 

8 States; or 

9 (iii) has served, is serving, or has en10 listed in the Armed Forces of the United 

11 States; 

12 (E) if younger than 18 years of age— 

13 (i) is attending, or has enrolled in, a 

14 primary or secondary school; or 

15 (ii) is attending, or has enrolled in, a 

16 postsecondary school; 

17 (F) has been a person of good moral char18 acter (as defined in section 101(f) of the Immi19 gration and Nationality Act (8 U.S.C. 1101(f))) 

20 since the date on which the alien initially en21 tered the United States; 

22 (G) has paid any applicable Federal tax li23 ability or has agreed to cure such liability 

24 through a payment installment plan that has 

25 been approved by the Internal Revenue Service; 


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1 (H) subject to paragraph (2)— 

2 (i) is not inadmissible under para3 graph (1), (2), (3), (4), (6)(C), (6)(E), (8), 

4 (9)(C) or (10) of section 212(a) of the Im5 migration and Nationality Act (8 U.S.C. 

6 1182(a)), and is not inadmissible under 

7 subparagraph (A) of section 212(a)(9) of 

8 such Act (unless the Secretary determines 

9 that the sole basis for the alien’s removal 

10 under such subparagraph was unlawful 

11 presence under subparagraph (B) of such 

12 section 212(a)(9)); 

13 (ii) is not deportable under paragraph 

14 (1)(D), (1)(E), (1)(G), (2), (3), (4), (5), or 

15 (6) of section 237(a) of the Immigration 

16 and Nationality Act (8 U.S.C. 1227(a)); 

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

18 or otherwise participated in the persecution 

19 of any person on account of race, religion, 

20 nationality, membership in a particular so21 cial group, or political opinion; and 

22 (iv) has not been convicted of— 

23 (I) a felony under Federal or 

24 State law, regardless of the sentence 

25 imposed; 


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1 (II) any combination of offenses 

2 under Federal or State law for which 

3 the alien was sentenced to imprison4 ment for at least 1 year; or 

5 (III) a significant misdemeanor; 

6 and 

7 (I) has never been under a final adminis8 trative or judicial order of exclusion, deporta9 tion, or removal, unless the alien— 

10 (i) has remained in the United States 

11 under color of law after such final order 

12 was issued; or 

13 (ii) received the final order before at14 taining 18 years of age. 

15 (2) WAIVER.— 

16 (A) IN GENERAL.—The Secretary may 

17 waive, on a case-by-case basis, a ground of in18 admissibility under paragraph (1), (4), (6)(B), 

19 or (6)(E) of section 212(a) of the Immigration 

20 and Nationality Act (8 U.S.C. 1182(a)), and a 

21 ground of deportability under paragraph (A), 

22 (B), (C), or (E) of section 237(a)(1) of such 

23 Act (8 U.S.C. 1227(a)(1)) for humanitarian 

24 purposes or if such waiver is otherwise in the 

25 public interest. 


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1 (B) QUARTERLY REPORT.—Not later than 

2 180 days after the date of the enactment of this 

3 Act, and quarterly thereafter, the Secretary 

4 shall submit a report to Congress that identi5 fies— 

6 (i) the number of waivers under this 

7 paragraph that were requested by aliens 

8 during the preceding quarter; 

9 (ii) the number of such requests that 

10 were granted; and 

11 (iii) the number of such requests that 

12 were denied. 

13 (3) PROCEDURES.— 

14 (A) APPLICATION FOR AFFIRMATIVE RE15 LIEF.—The Secretary shall issue regulations 

16 that provide a procedure for eligible individuals 

17 to affirmatively apply for the relief available 

18 under this subsection without being placed in 

19 removal proceedings. 

20 (B) ACKNOWLEDGMENT TO BARS TO RE21 LIEF.— 

22 (i) ACKNOWLEDGMENT OF NOTIFICA23 TION.—The regulations issued pursuant to 

24 subparagraph (A) shall include a require25 ment that each alien applying for condiVerDate Sep 11 2014 20:51 Sep 26, 2017 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1852.IS S1852

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1 tional permanent resident status under this 

2 Act who is at least 18 years of age sign, 

3 under penalty of perjury, an acknowledg4 ment confirming that the alien was notified 

5 and understands that he or she will be in6 eligible for any form of relief or immigra7 tion benefit under this Act or other immi8 gration laws other than withholding of re9 moval under section 241(b)(3), or relief 

10 from removal based on a claim under the 

11 Convention Against Torture and Other 

12 Cruel, Inhuman or Degrading Treatment 

13 or Punishment, done at New York, Decem14 ber 10, 1984, if the alien violates a term 

15 for conditional permanent resident status 

16 under this Act. 

17 (ii) EXCEPTION.—Notwithstanding an 

18 acknowledgment under clause (ii), the Sec19 retary may allow an alien who violated the 

20 terms of conditional permanent resident 

21 status (other than a criminal alien or an 

22 alien deemed to be a national security or 

23 public safety risk) to seek relief from re24 moval if the Secretary determines that 

25 such relief is warranted for humanitarian 


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1 purposes or if otherwise in the public inter2 est. 

3 (iii) JUDICIAL REVIEW.—Notwith4 standing any other provision of law (statu5 tory or nonstatutory), including section 

6 2241 of title 28, United States Code, any 

7 other habeas corpus provision, and sections 

8 1361 and 1651 of such title, no court shall 

9 have jurisdiction to review a determination 

10 by the Secretary under clause (iii). 

11 (4) SUBMISSION OF BIOMETRIC AND BIO12 GRAPHIC DATA.—The Secretary may not cancel the 

13 removal of an alien or grant conditional permanent 

14 resident status to the alien under this Act unless the 

15 alien submits biometric and biographic data, in ac16 cordance with procedures established by the Sec17 retary. The Secretary shall provide an alternative 

18 procedure for applicants who are unable to provide 

19 such biometric or biographic data because of a phys20 ical disability or impairment. 

21 (5) BACKGROUND CHECKS.— 

22 (A) REQUIREMENT FOR BACKGROUND

23 CHECKS.—The Secretary shall utilize biometric, 

24 biographic, and other data that the Secretary 


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1 determines is appropriate, including information 

2 obtained pursuant to subparagraph (C)— 

3 (i) to conduct security and law en4 forcement background checks of an alien 

5 seeking relief under this subsection; and 

6 (ii) to determine whether there is any 

7 criminal, national security, or other factor 

8 that would render the alien ineligible for 

9 such relief. 

10 (B) COMPLETION OF BACKGROUND

11 CHECKS.—The security and law enforcement 

12 background checks required under subpara13 graph (A) shall be completed, to the satisfaction 

14 of the Secretary, before the date on which the 

15 Secretary cancels the removal of the alien under 

16 this Act. 

17 (C) CRIMINAL RECORD REQUESTS.—The 

18 Secretary, in cooperation with the Secretary of 

19 State, shall seek to obtain information about 

20 any criminal activity the alien engaged in, or 

21 for which the alien was convicted in his or her 

22 country of nationality, country of citizenship, or 

23 country of last habitual residence, from 

24 INTERPOL, EUROPOL, or any other inter25 national or national law enforcement agency of 


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1 the alien’s country of nationality, country of 

2 citizenship, or country of last habitual resi3 dence. 

4 (6) MEDICAL EXAMINATION.—An alien applying 

5 for relief available under this subsection shall under6 go a medical examination conducted by a designated 

7 civil surgeon pursuant to procedures established by 

8 the Secretary. 

9 (7) MILITARY SELECTIVE SERVICE.—An alien 

10 applying for relief available under this subsection 

11 shall establish that the alien has registered for the 

12 Selective Service under the Military Selective Service 

13 Act (50 U.S.C. App. 451 et seq.) if the alien is sub14 ject to such registration requirement under such 

15 Act. 

16 (8) TREATMENT OF EXPUNGED CONVIC17 TIONS.— 

18 (A) IN GENERAL.—The Secretary shall 

19 evaluate expunged convictions on a case-by-case 

20 basis according to the nature and severity of 

21 the offense to determine whether, under the 

22 particular circumstances, an alien may be eligi23 ble for— 

24 (i) conditional permanent resident sta25 tus under this Act; 


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1 (ii) removal of the conditional basis of 

2 the permanent resident status under sec3 tion 5; or 

4 (iii) adjustment to permanent resident 

5 status under this Act. 

6 (B) JUDICIAL REVIEW.—Notwithstanding 

7 any other provision of law (statutory or non8 statutory), including section 2241 of title 28, 

9 United States Code, any other habeas corpus 

10 provision, and sections 1361 and 1651 of such 

11 title, no court shall have jurisdiction to review 

12 a determination by the Secretary under sub13 paragraph (A). 

14 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

15 purposes of this section, any period of continuous resi16 dence or continuous physical presence in the United States 

17 of an alien who applies for cancellation of removal under 

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

19 a notice to appear under section 239(a) of the Immigra20 tion and Nationality Act (8 U.S.C. 1229(a)). 

21 (c) TREATMENT OF CERTAIN BREAKS IN PRES22 ENCE.— 

23 (1) IN GENERAL.—Excepted as provided in 

24 paragraph (2), an alien shall be considered to have 

25 failed to maintain continuous physical presence in 


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1 the United States under subsection (a)(1)(A) if the 

2 alien has departed from the United States for— 

3 (A) any period exceeding 90 days; or 

4 (B) any periods exceeding 180 days, in the 

5 aggregate, during a 5-year period. 

6 (2) EXTENSIONS FOR EXCEPTIONAL CIR7 CUMSTANCES.—The Secretary may extend the peri8 ods described in paragraph (1) by 90 days if the 

9 alien demonstrates that the failure to timely return 

10 to the United States was due to exceptional cir11 cumstances. The exceptional circumstances deter12 mined sufficient to justify an extension should be 

13 not less compelling than the serious illness of the 

14 alien, or the death or serious illness of the alien’s 

15 parent, grandparent, sibling, or child. 

16 (3) EXCEPTION FOR MILITARY SERVICE.—Any 

17 time spent outside of the United States that is due 

18 to the alien’s active service in the Armed Forces of 

19 the United States shall not be counted towards the 

20 time limits set forth in paragraph (1). 

21 (d) RULEMAKING.— 

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

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

24 Secretary shall publish regulations implementing this 

25 section. 


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1 (2) INTERIM REGULATIONS.—Notwithstanding 

2 section 553 of title 5, United States Code, the regu3 lations required under paragraph (1) shall be effec4 tive, on an interim basis, immediately upon publica5 tion but may be subject to change and revision after 

6 public notice and opportunity for a period of public 

7 comment. 

8 (3) FINAL REGULATIONS.—Within a reasonable 

9 time after publication of the interim regulations 

10 under paragraph (1), the Secretary shall publish 

11 final regulations implementing this section. 

12 (e) REMOVAL OF ALIEN.—The Secretary may not 

13 seek to remove an alien who establishes prima facie eligi14 bility for cancellation of removal and conditional perma15 nent resident status under this Act until the alien has been 

16 provided with a reasonable opportunity to file an applica17 tion for conditional permanent resident status under this 

18 Act. 

19 SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS. 

20 (a) INITIAL LENGTH OF STATUS.—Conditional per21 manent resident status granted to an alien under this Act 

22 shall be valid— 

23 (1) for an initial period of 5 years, subject to 

24 termination under subsection (c), if applicable; and 


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1 (2) if the alien will not attain 18 years of age 

2 before the end of the period described in paragraph 

3 (1), until the alien reaches 18 years of age. 

4 (b) TERMS OF CONDITIONAL PERMANENT RESIDENT

5 STATUS.— 

6 (1) EMPLOYMENT.—A conditional permanent 

7 resident may— 

8 (A) be employed in the United States inci9 dent to conditional permanent resident status 

10 under this Act; and 

11 (B) enlist in the Armed Forces of the 

12 United States in accordance with section 

13 504(b)(1)(D) of title 10, United States Code, 

14 as added by section 13. 

15 (2) TRAVEL.—A conditional permanent resident 

16 may travel outside the United States and may be ad17 mitted (if otherwise admissible) upon returning to 

18 the United States without having to obtain a visa 

19 if— 

20 (A) the alien is the bearer of valid, unex21 pired documentary evidence of conditional per22 manent resident status under this Act; and 

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

24 States— 


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1 (i) was not for a period of 180 days 

2 or longer, or for multiple periods exceeding 

3 180 days in the aggregate; or 

4 (ii) was due to active service in the 

5 Armed Forces of the United States. 

6 (c) TERMINATION OF STATUS.— 

7 (1) IN GENERAL.—The Secretary shall imme8 diately terminate the conditional permanent resident 

9 status under this Act of any alien who— 

10 (A) is 18 years of age or older if the Sec11 retary determines that the alien is a postsec12 ondary student who was admitted to an accred13 ited institution of higher education in the 

14 United States, but failed to enroll in such insti15 tution within 1 year after the date on which the 

16 alien was granted conditional permanent resi17 dent status under this Act or to remain so en18 rolled; 

19 (B) is younger than 18 years of age if the 

20 Secretary determines that the alien enrolled in 

21 a primary or secondary school as a full-time 

22 student, but has failed to attend such school for 

23 a period exceeding 1 year during the 5-year pe24 riod beginning on the date on which the alien 


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1 was granted conditional permanent resident sta2 tus under this Act; 

3 (C) was granted conditional permanent 

4 resident status under this Act as an enlistee 

5 and— 

6 (i) failed to complete basic training 

7 and begin active duty service or service in 

8 Selected Ready Reserve of the Ready Re9 serve of the Armed Forces of the United 

10 States within 1 year after the date on 

11 which the alien was granted conditional 

12 permanent resident status under this Act; 

13 or 

14 (ii) has received a dishonorable or 

15 other than honorable discharge from the 

16 Armed Forces of the United States; 

17 (D) was granted conditional permanent 

18 resident status under this Act as a result of 

19 fraud or misrepresentation; 

20 (E) ceases to meet a requirement under 

21 subparagraph (F), (G), (H), or (I) of section 

22 3(a)(1); 

23 (F) violated a term or condition of his or 

24 her conditional resident status; 

25 (G) has become a public charge; 


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1 (H) has not maintained employment in the 

2 United States for a period of at least 1 year 

3 since the alien was granted conditional perma4 nent resident status under this Act and while 

5 the alien was not enrolled as a student in a 

6 postsecondary school or institution of higher 

7 education or serving in the Armed Forces of the 

8 United States; or 

9 (I) has not completed a combination of em10 ployment, military service, or postsecondary 

11 school totaling 48 months during the 5-year pe12 riod beginning on the date on which the alien 

13 was granted conditional permanent resident sta14 tus under this Act. 

15 (2) EXPEDITED REMOVAL FOR VIOLATING CON16 DITIONAL PERMANENT RESIDENT STATUS.—Any 

17 alien whose conditional permanent resident status is 

18 terminated pursuant to paragraph (1)(E) for failure 

19 to meet a requirement described in section 

20 3(a)(1)(H)(iv) shall be subject to expedited removal. 

21 (3) RETURN TO PREVIOUS IMMIGRATION STA22 TUS.—Any alien whose conditional permanent resi23 dent status under this Act is terminated under para24 graph (1) shall return to the immigration status the 


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1 alien had immediately before receiving conditional 

2 permanent resident status under this Act. 

3 (d) EXTENSION OF CONDITIONAL PERMANENT RESI4 DENT STATUS.—The Secretary shall extend the condi5 tional permanent resident status of an alien granted such 

6 status under this Act for an additional 5 years beyond 

7 the period specified in subsection (a) if the alien— 

8 (1) has demonstrated good moral character dur9 ing the entire period the alien has been a conditional 

10 permanent resident under this Act; 

11 (2) is in compliance with section 3(a)(1); 

12 (3) has not abandoned the alien’s residence in 

13 the United States by being absent from the United 

14 States for a period of 180 days, or multiple periods 

15 of at least 180 days, in the aggregate, during the pe16 riod of conditional permanent resident status under 

17 this Act; 

18 (4) does not have any delinquent tax liabilities; 

19 (5) has not received any Federal public benefit; 

20 and 

21 (6) while the alien has been a conditional per22 manent resident under this Act— 

23 (A) has graduated from an accredited in24 stitution of higher education in the United 

25 States; 


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1 (B) has attended a postsecondary school 

2 for not less than 8 semesters; 

3 (C)(i) has served as a member of a regular 

4 or reserve component of the Armed Forces of 

5 the United States in an active duty status for 

6 at least 3 years; and 

7 (ii) if discharged from such service, re8 ceived an honorable discharge; or 

9 (D) has attended a postsecondary school, 

10 served in the Armed Forces of the United 

11 States, or maintained employment in the 

12 United States for a cumulative total of not less 

13 than 48 months. 

14 SEC. 5. REMOVAL OF CONDITIONAL BASIS FOR PERMA15 NENT RESIDENCE. 

16 (a) IN GENERAL.—An alien who has been a condi17 tional permanent resident under this Act for at least 10 

18 years may file an application with the Secretary, in ac19 cordance with subsection (c), to remove the conditional 

20 basis on permanent residence and to have the alien’s sta21 tus adjusted to that of an alien lawfully admitted for per22 manent residence. The application shall include the re23 quired fee and shall be filed in accordance with the proce24 dures established by the Secretary. 


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1 (b) ADJUDICATION OF APPLICATION FOR ADJUST2 MENT OF STATUS.— 

3 (1) ADJUSTMENT OF STATUS IF FAVORABLE

4 DETERMINATION.—If the Secretary determines that 

5 an alien who filed an application under subsection 

6 (a) meets the requirements described in subsection 

7 (d), the Secretary shall— 

8 (A) notify the alien of such determination; 

9 and 

10 (B) adjust the alien’s status to that of an 

11 alien lawfully admitted for permanent residence. 

12 (2) TERMINATION IF ADVERSE DETERMINA13 TION.—If the Secretary determines that an alien 

14 who files an application under subsection (a) does 

15 not meet the requirements described in subsection 

16 (d), the Secretary shall— 

17 (A) notify the alien of such determination; 

18 and 

19 (B) terminate the conditional permanent 

20 resident status of the alien. 

21 (c) TIME TO FILE APPLICATION.— 

22 (1) IN GENERAL.—Applications for adjustment 

23 of status described in subsection (a) shall be filed 

24 during the period— 


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1 (A) beginning 180 days before the expira2 tion of the 10-year period of conditional perma3 nent resident status under this Act; and 

4 (B) ending— 

5 (i) 10 years after the date on which 

6 conditional permanent resident status was 

7 initially granted to the alien under this 

8 Act; or 

9 (ii) after the conditional basis on such 

10 status has been removed. 

11 (2) STATUS DURING PENDENCY.—An alien 

12 shall be deemed to be in conditional permanent resi13 dent status in the United States during the period 

14 in which an application filed by the alien under sub15 section (a) is pending. 

16 (d) CONTENTS OF APPLICATION.— 

17 (1) IN GENERAL.—Each application filed by an 

18 alien under subsection (a) shall contain information 

19 to permit the Secretary to determine whether the 

20 alien— 

21 (A) has been a conditional permanent resi22 dent under this Act for at least 10 years; 

23 (B) has demonstrated good moral char24 acter during the entire period the alien has 


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1 been a conditional permanent resident under 

2 this Act; 

3 (C) is in compliance with section 3(a)(1); 

4 and 

5 (D) has not abandoned the alien’s resi6 dence in the United States. 

7 (2) PRESUMPTIONS.—For purposes of para8 graph (1)— 

9 (A) the Secretary shall presume that an 

10 alien has abandoned the alien’s residence in the 

11 United States if the alien is absent from the 

12 United States for more than 365 days, in the 

13 aggregate, during the period of conditional per14 manent resident status under this Act, unless 

15 the alien demonstrates that the alien has not 

16 abandoned the alien’s residence; and 

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

18 States due to active service in the Armed 

19 Forces of the United States has not abandoned 

20 the alien’s residence in the United States dur21 ing the period of such service. 

22 (e) CITIZENSHIP REQUIREMENT.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), an alien granted conditional permanent 

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1 ditional basis for permanent residency removed or be 

2 adjusted to permanent resident status unless the 

3 alien demonstrates to the satisfaction of the Sec4 retary that the alien satisfies the requirements under 

5 section 312(a)(1) of the Immigration and Nation6 ality Act (8 U.S.C. 1423(a)(1)). 

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

8 apply to an alien who the Secretary determines is 

9 unable because of a physical or developmental dis10 ability or mental impairment to meet the require11 ments of such paragraph. The Secretary, in coordi12 nation with the Secretary of Health and Human 

13 Services and the Surgeon General, shall establish 

14 procedures for making determinations under this 

15 subsection. 

16 (f) PAYMENT OF FEDERAL TAXES.—Not later than 

17 the date on which an application is filed under subsection 

18 (a) for adjustment of status, the alien shall satisfy any 

19 applicable Federal tax liability due and owing on such 

20 date. 

21 (g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

22 DATA.—The Secretary may not adjust the status of an 

23 alien under this section unless the alien submits biometric 

24 and biographic data, in accordance with procedures estab25 lished by the Secretary. The Secretary shall provide an 


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1 alternative procedure for applicants who are unable to pro2 vide such biometric or biographic data because of a phys3 ical disability or impairment. 

4 (h) BACKGROUND CHECKS.— 

5 (1) REQUIREMENT FOR BACKGROUND

6 CHECKS.—The Secretary shall utilize biometric, bio7 graphic, and other data that the Secretary deter8 mines appropriate— 

9 (A) to conduct security and law enforce10 ment background checks of an alien applying 

11 for adjustment of status under this section; and 

12 (B) to determine whether there is any 

13 criminal, national security, or other factor that 

14 would render the alien ineligible for such ad15 justment of status. 

16 (2) COMPLETION OF BACKGROUND CHECKS.— 

17 The security and law enforcement background 

18 checks required under paragraph (1) shall be com19 pleted with respect to an alien, to the satisfaction of 

20 the Secretary, before the date on which the Sec21 retary grants adjustment of status to such alien. 

22 (i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

23 Nothing in this section or in any other law may be con24 strued to apply a numerical limitation on the number of 


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1 aliens who may be eligible for adjustment of status under 

2 this section. 

3 (j) TREATMENT OF ALIENS MEETING REQUIRE4 MENTS FOR EXTENSION OF CONDITIONAL PERMANENT

5 RESIDENT STATUS.—If an alien has satisfied all of the 

6 requirements under section 3(a)(1) as of the date of the 

7 enactment of this Act, the Secretary may cancel the re8 moval of the alien and permit the alien to apply for condi9 tional permanent resident status under this Act. After the 

10 initial period of conditional permanent resident status de11 scribed in section 4(a), the Secretary shall extend such 

12 alien’s conditional permanent resident status and permit 

13 the alien to apply for adjustment of status in accordance 

14 with subsection (a) if the alien has met the requirements 

15 under section 4(d) during the entire period of conditional 

16 permanent resident status under this Act. 

17 SEC. 6. LIMITATION ON PAROLE AUTHORITY. 

18 Section 212(d)(5) of the Immigration and Nationality 

19 Act (8 U.S.C. 1182(d)(5)) is amended— 

20 (a) by striking ‘‘Attorney General’’ each place such 

21 term appears and inserting ‘‘Secretary of Homeland Secu22 rity’’; and 

23 (b) by adding at the end the following: 

24 ‘‘(C)(i) The Secretary of Homeland Security may not 

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1 alized categories of aliens or classes of aliens based solely 

2 on— 

3 ‘‘(I) nationality; 

4 ‘‘(II) presence or residence in the United 

5 States; 

6 ‘‘(III) family relationships; or 

7 ‘‘(IV) any other criteria that would cover a 

8 broad group of foreign nationals, whether inside or 

9 outside of the United States. 

10 ‘‘(ii)(I) In this clause, the term ‘advance parole’ 

11 means advance approval for an alien applying for admis12 sion to the United States to request at a port of entry 

13 in the United States, a preinspection station, or a des14 ignated field office of the Department of Homeland Secu15 rity, to be paroled into the United States under subpara16 graph (A). 

17 ‘‘(II) The Secretary of Homeland Security, in the 

18 Secretary’s discretion, may grant an application for ad19 vance parole. Approval of an application for advance pa20 role shall not constitute a grant of parole under subpara21 graph (A). A grant of parole into the United States based 

22 on an approved application for advance parole shall not 

23 be considered parole for purposes of qualifying for adjust24 ment of status to lawful permanent resident status in the 

25 United States under section 245 or 245A. 


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1 ‘‘(III) The Secretary, in the Secretary’s discretion, 

2 may revoke a grant of advance parole to an alien at any 

3 time. Such revocation shall not be subject to administra4 tive appeal or judicial review.’’. 

5 SEC. 7. FAILURE TO COMPLY WITH STATUS REQUIRE6 MENTS; VISA OVERSTAYS. 

7 (a) VISA WAIVER PROGRAM WAIVER OF RIGHTS.— 

8 Section 217(b) of the Immigration and Nationality Act (8 

9 U.S.C. 1187(b)) is amended to read as follows: 

10 ‘‘(b) WAIVER OF RIGHTS.—An alien may not be pro11 vided a waiver under the program unless the alien— 

12 ‘‘(1) has signed, under penalty of perjury, an 

13 acknowledgment confirming that the alien has been 

14 notified and understands that he or she will be ineli15 gible for any right to relief under sections 240B, 

16 245, 248, and 249 (other than relief from removal 

17 under section 241(b)(3)) and any relief not in effect 

18 at the time such acknowledgment is signed, if the 

19 alien fails to depart from the United States at the 

20 end of the 90-day period for admission; 

21 ‘‘(2) has waived any right to review or appeal 

22 under this Act of an immigration officer’s deter23 mination regarding the admissibility of the alien at 

24 a port of entry into the United States; and 


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1 ‘‘(3) has waived any right to contest, other than 

2 on the basis of an application for asylum, any action 

3 for removal of the alien.’’. 

4 (b) ISSUANCE OF NONIMMIGRANT VISAS.—Section 

5 221(a) of the Immigration and Nationality Act (8 U.S.C. 

6 1201(a)) is amended by adding at the end the following: 

7 ‘‘(3) The Secretary of State shall ensure that 

8 every application for a nonimmigrant visa includes 

9 an acknowledgment confirming that the alien— 

10 ‘‘(A) has been notified of the terms and 

11 conditions of the nonimmigrant visa, including 

12 the waiver of rights under subsection (j); and 

13 ‘‘(B) understands that he or she will be in14 eligible for any right to relief under sections 

15 240B, 245, 248, and 249, any relief not in ef16 fect at the time such acknowledgment is signed, 

17 and from contesting removal, if the alien vio18 lates any term or condition of his or her non19 immigrant visa.’’. 

20 (c) BARS TO IMMIGRATION RELIEF.—Section 221 of 

21 the Immigration and Nationality Act (8 U.S.C. 1201) is 

22 amended by adding at the end the following: 

23 ‘‘(j) WAIVER OF RIGHTS.—The Secretary of State 

24 may not issue a nonimmigrant visa under section 214 to 

25 an alien (other than an alien who qualifies for a visa under 


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1 subparagraph (A) or (G) of such section 101(a)(15), is 

2 a VAWA self-petitioner, or qualifies for a visa under the 

3 North Atlantic Treaty, signed at Washington April 4, 

4 1949) until the alien has waived any right to relief under 

5 sections 240B, 245, 248, and 249 (other than relief from 

6 removal under section 241(b)(3)), any form of relief estab7 lished after the date on which the nonimmigrant visa is 

8 issued, and from contesting removal if the alien— 

9 ‘‘(1) violates a term or condition of his or her 

10 nonimmigrant status; or 

11 ‘‘(2) fails to depart the United States at the 

12 end of the alien’s authorized period of stay.’’. 

13 SEC. 8. BENEFITS FOR RELATIVES OF ALIENS GRANTED 

14 CONDITIONAL PERMANENT RESIDENT STA15 TUS. 

16 Notwithstanding any other provision of law, nothing 

17 in this Act may be construed to provide a spouse, parent, 

18 child, or other family member of an alien granted condi19 tional permanent resident status or lawful permanent resi20 dent status under this Act with any immigration benefit 

21 or special consideration for such relatives to be admitted 

22 into or remain in the United States. 

23 SEC. 9. EXCLUSIVE JURISDICTION. 

24 (a) SECRETARY OF HOMELAND SECURITY.—Except 

25 as provided in subsection (b), the Secretary shall have exVerDate Sep 11 2014 20:51 Sep 26, 2017 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1852.IS S1852

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1 clusive jurisdiction to determine eligibility for relief under 

2 this Act. If a final order of deportation, exclusion, or re3 moval is entered, the Secretary shall resume all powers 

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

5 a final order is entered before relief is granted under this 

6 Act, the Attorney General shall terminate such order only 

7 after the alien has been granted conditional permanent 

8 resident status under this Act. 

9 (b) ATTORNEY GENERAL.—The Attorney General 

10 shall have exclusive jurisdiction to determine eligibility for 

11 relief under this Act for any alien who has been placed 

12 into deportation, exclusion, or removal proceedings, wheth13 er such placement occurred before or after the alien filed 

14 an application for cancellation of removal and conditional 

15 permanent resident status or adjustment of status under 

16 this Act. Such exclusive jurisdiction shall continue until 

17 such proceedings are terminated. 

18 SEC. 10. CONFIDENTIALITY OF INFORMATION. 

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

20 (b), an officer or employee of the United States may not— 

21 (1) use the information provided 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; 


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1 (2) make any publication whereby the informa2 tion provided 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 to examine 

6 such application filed under this Act. 

7 (b) REQUIRED DISCLOSURE.—The Attorney General 

8 or the Secretary shall disclose the information provided 

9 by an individual under this Act and any other information 

10 derived from such information to— 

11 (1) a Federal, State, tribal, or local law enforce12 ment agency, intelligence agency, national security 

13 agency, component of the Department of Homeland 

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

15 criminal investigation or prosecution, a background 

16 check conducted pursuant to the Brady Handgun 

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

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

19 for homeland security or national security purposes, 

20 if such information is requested by such entity or 

21 consistent with an information sharing agreement or 

22 mechanism; or 

23 (2) an official coroner for purposes of affirma24 tively identifying a deceased individual (whether or 


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1 not such individual is deceased as a result of a 

2 crime). 

3 (c) FRAUD IN APPLICATION PROCESS OR CRIMINAL

4 CONDUCT.—Nothing in this section may be construed to 

5 prevent the disclosure and use of information provided by 

6 an alien under this Act to determine whether an alien 

7 seeking relief under this Act has engaged in fraud in an 

8 application for such relief or at any time committed a 

9 crime from being used or released for immigration en10 forcement, law enforcement, or national security purposes. 

11 (d) PENALTY.—Any person who knowingly uses, pub12 lishes, or permits information to be examined in violation 

13 of this section shall be fined not more than $10,000. 

14 SEC. 11. RESTRICTION ON WELFARE BENEFITS FOR CONDI15 TIONAL PERMANENT RESIDENTS. 

16 For purposes of the 5-year eligibility waiting period 

17 under section 403 of the Personal Responsibility and 

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

19 1613), an individual who has met the requirements under 

20 section 5 for adjustment from conditional permanent resi21 dent status to lawful permanent resident status shall be 

22 considered, as of the date of such adjustment, to have 

23 completed the 5-year period specified in such section. 


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1 SEC. 12. GAO REPORT. 

2 Not later than 7 years after the date of the enact3 ment of this Act, the Comptroller General of the United 

4 States shall submit a report to the Committee on the Judi5 ciary of the Senate and the Committee on the Judiciary 

6 of the House of Representatives that sets forth— 

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

8 cancellation of removal and grant of conditional per9 manent resident status under section 3(a); 

10 (2) the number of aliens who applied for can11 cellation of removal and grant of conditional perma12 nent resident status under section 3(a); 

13 (3) the number of aliens who were granted con14 ditional permanent resident status under section 

15 3(a); and 

16 (4) the number of aliens whose status was ad17 justed to that of an alien lawfully admitted for per18 manent residence pursuant to section 5. 

19 SEC. 13. MILITARY ENLISTMENT. 

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

21 amended by adding at the end the following: 

22 ‘‘(D) An alien who is a conditional permanent 

23 resident (as defined in section 2 of the SUCCEED 

24 Act).’’. 


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1 SEC. 14. ELIGIBILITY FOR NATURALIZATION. 

2 Notwithstanding sections 319(b), 328, and 329 of the 

3 Immigration and Nationality Act (8 U.S.C. 1430(b), 

4 1439, and 1440), an alien whose status is adjusted under 

5 section 5 to that of an alien lawfully admitted for perma6 nent residence may apply for naturalization under chapter 

7 2 of title III of the Immigration and Nationality Act (8 

8 U.S.C. 310 et seq.) not earlier than 5 years after such 

9 adjustment of status. 

Æ 


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