I 

117TH CONGRESS 

1ST SESSION H. R. 1435 

To amend the Immigration and Nationality Act to provide Temporary Resident Status for certain parents and spouses of citizens or lawful residents 

of the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2021 

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

on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

Temporary Resident Status for certain parents and 

spouses of citizens or lawful residents of the United 

States, 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 the ‘‘American Right to 

5 Family Act’’. 


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1 SEC. 2. TEMPORARY RESIDENT STATUS FOR CERTAIN 

2 LONG-TERM RESIDENT PARENTS. 

3 Section 101(a)(15) of the Immigration and Nation4 ality Act (8 U.S.C. 1101(a)(15)) is amended by adding 

5 at the end the following: 

6 ‘‘(W) TEMPORARY RESIDENT STATUS FOR

7 CERTAIN LONG-TERM RESIDENT PARENTS.— 

8 ‘‘(i) IN GENERAL.—Subject to section 

9 214(s), an alien who files a petition for 

10 status under this subparagraph, if the Sec11 retary of Homeland Security determines 

12 that— 

13 ‘‘(I) the alien— 

14 ‘‘(aa) has been physically 

15 present in the United States for 

16 a continuous period of not less 

17 than 10 years immediately pre18 ceding the date of the alien’s ap19 plication; 

20 ‘‘(bb) has been granted de21 ferred action pursuant to the De22 ferred Action for Childhood Ar23 rivals Memorandum announced 

24 by the Secretary of Homeland 

25 Security on June 15, 2012, or 

26 would have otherwise qualified 


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1 for the Deferred Action for 

2 Childhood Arrivals announced by 

3 the Secretary of Homeland Secu4 rity pursuant to the November 

5 14, 2014, Memorandum; and 

6 ‘‘(cc) is a covered person; 

7 ‘‘(II) the alien— 

8 ‘‘(aa) was issued an order of 

9 removal from the United States 

10 under sections 235 or 240 of the 

11 Immigration and Nationality Act, 

12 and— 

13 ‘‘(AA) remained in the 

14 United States; 

15 ‘‘(BB) was removed, 

16 deported, or permitted to de17 part voluntarily from the 

18 United States; 

19 ‘‘(CC) resides outside of 

20 the United States; or 

21 ‘‘(DD) unlawfully reen22 tered the United States 

23 after being issued an order 

24 of removal under section 


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1 235 or 240 of the Immigra2 tion and Nationality Act; 

3 ‘‘(bb) was physically present 

4 in the United States for a contin5 uous presence of not less than 10 

6 years immediately preceding the 

7 date of the alien’s order of re8 moval; and 

9 ‘‘(cc) is a covered person. 

10 ‘‘(ii) DEFINITION.—For purposes of 

11 this subparagraph, a covered person is an 

12 alien who is— 

13 ‘‘(I) the parent of a child who— 

14 ‘‘(aa) is a citizen or national 

15 of the United States; or 

16 ‘‘(bb) initially entered the 

17 United States before the age of 

18 16 and has been continuously 

19 and physically present in the 

20 United States since their last 

21 entry; or 

22 ‘‘(II) the spouse of a person 

23 who— 


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1 ‘‘(aa) is a citizen or lawful 

2 permanent resident of the United 

3 States; or 

4 ‘‘(bb) initially entered the 

5 United States before the age of 

6 16 and has been continuously 

7 and physically present in the 

8 United States since their last 

9 entry.’’. 

10 SEC. 3. REQUIREMENTS FOR TEMPORARY RESIDENT STA11 TUS FOR CERTAIN LONG-TERM RESIDENT 

12 PARENTS. 

13 Section 214 of the Immigration and Nationality Act 

14 (8 U.S.C. 1184) is amended by adding the following sub15 section: 

16 ‘‘(s) REQUIREMENTS APPLICABLE TO SECTION

17 101(a)(15)(W) VISAS OR NONIMMIGRANT STATUS.— 

18 ‘‘(1) IN GENERAL.—In the case of a non19 immigrant described in section 101(a)(15)(W), the 

20 alien— 

21 ‘‘(A) is not inadmissible under section 

22 212(a)(1), (a)(6)(E), (a)(8), or (a)(10) of the 

23 Immigration and Nationality Act; 


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1 ‘‘(B) is not inadmissible under section 

2 212(a)(2), unless eligible for a waiver pursuant 

3 to subsection (6) of this section; and 

4 ‘‘(C) has not ordered, incited assisted or 

5 otherwise participated in the persecution of any 

6 person on account of race, religion, nationality, 

7 membership in a particular social group, or po8 litical opinion. 

9 ‘‘(2) CREDIBLE EVIDENCE CONSIDERED.—In 

10 acting on any petition filed under this subsection, 

11 the consular officer, Secretary of Homeland Secu12 rity, or the Attorney General, as appropriate, shall 

13 consider any credible evidence relevant to the peti14 tion. 

15 ‘‘(3) WORK AUTHORIZATION.—In the case of a 

16 nonimmigrant described in section 101(a)(15)(W), 

17 the Secretary of Homeland Security shall authorize 

18 the alien to engage in employment in the United 

19 States during the period of authorized admission 

20 and shall provide the alien with an ‘employment au21 thorized’ endorsement or other appropriate docu22 ment signifying authorization of employment. Work 

23 authorization provided under this paragraph shall be 

24 effective throughout the period the alien is in tem25 porary resident status. 


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1 ‘‘(4) NO NUMERICAL LIMITATIONS.—The num2 ber of aliens who may be issued visas or otherwise 

3 provided status as nonimmigrants under section 

4 101(a)(15)(W) shall have no numerical limitations. 

5 ‘‘(5) DURATION OF STATUS.—The authorized 

6 period of status of an alien as a nonimmigrant 

7 under section 101(a)(15)(W) shall be valid for a pe8 riod of 3 years, but the Secretary of Homeland Se9 curity shall extend or renew such period, with no 

10 limit on the number of such renewals, if— 

11 ‘‘(A) the alien files a nonfrivolous applica12 tion for renewal before the date of expiration of 

13 authorized stay determined by the Secretary; 

14 and 

15 ‘‘(B) the Secretary determines that the 

16 alien continues to meet the conditions as de17 fined by section 101(a)(15)(W) and subject to 

18 the requirements provided under this sub19 section. 

20 Further, in the case of an alien who files a nonfrivo21 lous application for renewal before the date of expi22 ration of the period of authorized stay by the Sec23 retary, the alien’s period of temporary resident sta24 tus and work authorization shall be deemed autoVerDate Sep 11 2014 21:48 Apr 07, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1435.IH H1435

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1 matically extended during the pendency of the appli2 cation. 

3 ‘‘(6) WAIVERS FOR CERTAIN MISDEMEANORS.— 

4 Include the same or similar language in section 

5 240A(f)(3)(C), and explain that certain crimes re6 lated to section 212(a)(2) are also to be expressly 

7 excluded (and the applicant remains eligible for re8 lief under this section) if described in section 

9 240A(f)(D)(i)(ii)(I) (i.e. except simple possession of 

10 cannabis/paraphernalia, etc.) and include the lan11 guage in treatment of certain crimes. 

12 ‘‘(7) NONEXCLUSIVE RELIEF.—Nothing in this 

13 subsection limits the ability of aliens who qualify for 

14 status under section 101(a)(15)(W) to seek any 

15 other immigration benefit or status for which the 

16 alien may be eligible.’’. 

17 SEC. 4. CANCELLATION OF REMOVAL AND TEMPORARY 

18 RESIDENT STATUS FOR CERTAIN LONG-TERM 

19 RESIDENT PARENTS. 

20 Section 240A of the Immigration and Nationality Act 

21 (8 U.S.C. 1229b) is amended by adding at the end the 

22 following: 

23 ‘‘(f) CANCELLATION OF REMOVAL AND TEMPORARY

24 RESIDENT STATUS FOR CERTAIN LONG-TERM RESIDENT

25 PARENTS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, the Secretary of Homeland Security 

3 or the Attorney General shall cancel the removal of, 

4 and adjust to the status of an alien having lawful 

5 temporary residence, an alien who is inadmissible or 

6 deportable from the United States if— 

7 ‘‘(A) the alien— 

8 ‘‘(i) has been physically present in the 

9 United States for a continuous period of 

10 not less than 10 years immediately pre11 ceding the date of the alien’s application; 

12 ‘‘(ii) subject to paragraph (7), was re13 moved, deported, or permitted to depart 

14 voluntarily from the United States after 

15 having been physically present in the 

16 United States for a continuous period of 

17 not less than 10 years; 

18 ‘‘(iii) has been granted deferred action 

19 pursuant to the Deferred Action for Child20 hood Arrivals Memorandum announced by 

21 the Secretary of Homeland Security on 

22 June 15, 2012, or would have otherwise 

23 qualified for the Deferred Action for Child24 hood Arrivals announced by the Secretary 


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1 of Homeland Security pursuant to the No2 vember 14, 2014, Memorandum; or 

3 ‘‘(iv) would have been eligible for a 

4 grant of deferred action pursuant to such 

5 policy, if the memorandum announcing the 

6 policy were fully in effect since the date 

7 issued; 

8 ‘‘(B) the alien is the parent of a son or 

9 daughter who— 

10 ‘‘(i) is a citizen or national of the 

11 United States; or 

12 ‘‘(ii) initially entered the United 

13 States while under 16 years of age and has 

14 been continuously physically present in the 

15 United States since such entry; and 

16 ‘‘(C) the alien— 

17 ‘‘(i) is not inadmissible under para18 graph (1), (6)(E), (6)(G), (8), or (10) of 

19 section 212(a); 

20 ‘‘(ii) has not ordered, incited, assisted, 

21 or otherwise participated in the persecution 

22 of any person on account of race, religion, 

23 nationality, membership in a particular so24 cial group, or political opinion; and 


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1 ‘‘(iii) is not barred from adjustment of 

2 status under this subsection based on the 

3 criminal and national security grounds de4 scribed under paragraph (3), subject to the 

5 provisions of such paragraph. 

6 ‘‘(2) DETERMINATION OF CONTINUOUS PRES7 ENCE.— 

8 ‘‘(A) EFFECT OF NOTICE TO APPEAR.— 

9 Any period of continuous physical presence in 

10 the United States of an alien who applies for 

11 temporary resident status under this subsection 

12 shall not terminate when the alien is served a 

13 notice to appear under section 239(a). 

14 ‘‘(B) TREATMENT OF CERTAIN BREAKS IN

15 PRESENCE OR RESIDENCE.— 

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clauses (ii) and (iii), an alien shall 

18 be considered to have failed to maintain 

19 continuous physical presence in the United 

20 States under this subsection if the alien 

21 has departed from the United States for 

22 any period exceeding 90 days or for any 

23 periods, in the aggregate, exceeding 180 

24 days. 


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1 ‘‘(ii) EXTENSIONS FOR EXTENUATING

2 CIRCUMSTANCES.—The Secretary may ex3 tend the time period described in clause (i) 

4 for an alien who demonstrates that the 

5 failure to timely return to the United 

6 States was due to extenuating cir7 cumstances beyond the alien’s control, in8 cluding the serious illness of the alien, or 

9 death or serious illness of a parent, grand10 parent, sibling, or child of the alien. 

11 ‘‘(iii) TRAVEL AUTHORIZED BY THE

12 SECRETARY.—Any period of travel outside 

13 of the United States by an alien that was 

14 authorized by the Secretary of Homeland 

15 Secretary may not be counted toward any 

16 period of departure from the United States 

17 under clause (i). 

18 ‘‘(3) CRIMINAL AND NATIONAL SECURITY

19 BARS.— 

20 ‘‘(A) GROUNDS OF INELIGIBILITY.—Ex21 cept as provided in subparagraphs (B) and (C), 

22 an alien is ineligible for cancellation of removal 

23 and adjustment of status under this subsection 

24 if any of the following apply: 


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1 ‘‘(i) The alien is inadmissible under 

2 paragraph (2) or (3) of section 212(a) of 

3 the Immigration and Nationality Act. 

4 ‘‘(ii) Excluding any offense under 

5 State law for which an essential element is 

6 the alien’s immigration status, and any 

7 minor traffic offense, the alien has been 

8 convicted of— 

9 ‘‘(I) any felony offense; 

10 ‘‘(II) three or more misdemeanor 

11 offenses (excluding simple possession 

12 of cannabis or cannabis-related para13 phernalia, any offense involving can14 nabis or cannabis-related para15 phernalia which is no longer prosecut16 able in the State in which the convic17 tion was entered, and any offense in18 volving civil disobedience without vio19 lence) not occurring on the same date, 

20 and not arising out of the same act, 

21 omission, or scheme of misconduct; or 

22 ‘‘(III) a misdemeanor offense of 

23 domestic violence, unless the alien 

24 demonstrates that such crime is re25 lated to the alien having been— 


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1 ‘‘(aa) a victim of domestic 

2 violence, sexual assault, stalking, 

3 child abuse or neglect, abuse or 

4 neglect in later life, or human 

5 trafficking; 

6 ‘‘(bb) battered or subjected 

7 to extreme cruelty; or 

8 ‘‘(cc) a victim of criminal ac9 tivity described in section 

10 101(a)(15)(U)(iii). 

11 ‘‘(B) TREATMENT OF CERTAIN OF12 FENSES.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 section 101(h), a crime described in clause 

15 (ii) shall only be considered for purposes of 

16 this subsection if— 

17 ‘‘(I) such crime involves personal 

18 injury or death to another; or 

19 ‘‘(II) the alien has been convicted 

20 of such a crime more than once dur21 ing the 10 years immediately pre22 ceding the date of the alien’s applica23 tion. 

24 ‘‘(ii) CRIME DESCRIBED.—A crime de25 scribed in this clause is— 


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1 ‘‘(I) a crime of reckless driving 

2 or of driving while intoxicated or 

3 under the influence of alcohol or of 

4 controlled substances; or 

5 ‘‘(II) a crime involving controlled 

6 substances. 

7 ‘‘(C) WAIVERS FOR CERTAIN MIS8 DEMEANORS.—For humanitarian purposes, 

9 family unity, or if otherwise in the public inter10 est, the Secretary may— 

11 ‘‘(i) waive the grounds of inadmis12 sibility under subparagraphs (A), (C), and 

13 (D) of section 212(a)(2), unless the convic14 tion forming the basis for inadmissibility 

15 would otherwise render the alien ineligible 

16 under subparagraph (A)(ii) (subject to 

17 clause (ii)); and 

18 ‘‘(ii) for purposes of subclauses (II) 

19 and (III) of subparagraph (A)(ii), waive 

20 consideration of— 

21 ‘‘(I) one misdemeanor offense if 

22 the alien has not been convicted of 

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1 plies for adjustment of status under 

2 this subsection; or 

3 ‘‘(II) up to two misdemeanor of4 fenses if the alien has not been con5 victed of any offense in the 10-year 

6 period preceding the date on which 

7 the alien applies for adjustment of 

8 status under this subsection. 

9 ‘‘(D) AUTHORITY TO CONDUCT SEC10 ONDARY REVIEW.— 

11 ‘‘(i) IN GENERAL.—Notwithstanding 

12 an alien’s eligibility for adjustment of sta13 tus under this subsection, and subject to 

14 the procedures described in this subpara15 graph, the Secretary of Homeland Security 

16 or the Attorney General may, as a matter 

17 of non-delegable discretion, provisionally 

18 deny an application for adjustment of sta19 tus if the Secretary or the Attorney Gen20 eral, based on clear and convincing evi21 dence, which shall include credible law en22 forcement information, determines that the 

23 alien is described in clause (ii) or (iv). 

24 ‘‘(ii) PUBLIC SAFETY.—An alien is de25 scribed in this clause if— 


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1 ‘‘(I) excluding simple possession 

2 of cannabis or cannabis-related para3 phernalia, any offense involving can4 nabis or cannabis-related para5 phernalia which is no longer prosecut6 able in the State in which the convic7 tion was entered, any offense under 

8 State law for which an essential ele9 ment is the alien’s immigration sta10 tus, any offense involving civil disobe11 dience without violence, and any 

12 minor traffic offense, the alien— 

13 ‘‘(aa) has been convicted of 

14 a misdemeanor offense punish15 able by a term of imprisonment 

16 of more than 30 days; or 

17 ‘‘(bb) has been adjudicated 

18 delinquent in a State or local ju19 venile court proceeding that re20 sulted in a disposition ordering 

21 placement in a secure facility; 

22 and 

23 ‘‘(II) the alien poses a significant 

24 and continuing threat to public safety 


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1 related to such conviction or adjudica2 tion. 

3 ‘‘(iii) PUBLIC SAFETY DETERMINA4 TION.—For purposes of clause (ii)(II), the 

5 Secretary shall consider the recency of the 

6 conviction or adjudication; the length of 

7 any imposed sentence or placement; the 

8 nature and seriousness of the conviction or 

9 adjudication, including whether the ele10 ments of the offense include the unlawful 

11 possession or use of a deadly weapon to 

12 commit an offense or other conduct in13 tended to cause serious bodily injury; and 

14 any mitigating factors pertaining to the 

15 alien’s role in the commission of the of16 fense. 

17 ‘‘(iv) GANG PARTICIPATION.—An alien 

18 is described in this clause if the alien has, 

19 within the 5 years immediately preceding 

20 the date of the application, knowingly, will21 fully, and voluntarily participated in of22 fenses committed by a criminal street gang 

23 (as described in subsections (a) and (c) of 

24 section 521 of title 18, United States 


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1 Code) with the intent to promote or fur2 ther the commission of such offenses. 

3 ‘‘(v) EVIDENTIARY LIMITATION.—For 

4 purposes of clause (iv), allegations of gang 

5 membership obtained from a State or Fed6 eral in-house or local database, or a net7 work of databases used for the purpose of 

8 recording and sharing activities of alleged 

9 gang members across law enforcement 

10 agencies, shall not establish the participa11 tion described in such clause. 

12 ‘‘(vi) NOTICE.— 

13 ‘‘(I) IN GENERAL.—Prior to ren14 dering a discretionary decision under 

15 this subparagraph, the Secretary of 

16 Homeland Security or the Attorney 

17 General shall provide written notice of 

18 the intent to provisionally deny the 

19 application to the alien (or the alien’s 

20 counsel of record, if any) by certified 

21 mail and, if an electronic mail address 

22 is provided, by electronic mail (or 

23 other form of electronic communica24 tion). Such notice shall— 


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1 ‘‘(aa) articulate with speci2 ficity all grounds for the prelimi3 nary determination, including the 

4 evidence relied upon to support 

5 the determination; and 

6 ‘‘(bb) provide the alien with 

7 not less than 90 days to respond. 

8 ‘‘(II) SECOND NOTICE.—Not 

9 more than 30 days after the issuance 

10 of the notice under subclause (I), the 

11 Secretary of Homeland Security or 

12 the Attorney General shall provide a 

13 second written notice that meets the 

14 requirements of such clause. 

15 ‘‘(III) NOTICE NOT RECEIVED.— 

16 Notwithstanding any other provision 

17 of law, if an applicant provides good 

18 cause for not contesting a provisional 

19 denial under this paragraph, including 

20 a failure to receive notice as required 

21 under this subparagraph, the Sec22 retary of Homeland Security or the 

23 Attorney General shall, upon a motion 

24 filed by the alien, reopen an applica25 tion for adjustment of status under 


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1 this subsection and allow the appli2 cant an opportunity to respond, con3 sistent with subclause (I)(bb). 

4 ‘‘(E) DEFINITIONS.—For purposes of this 

5 paragraph— 

6 ‘‘(i) the term ‘felony offense’ means 

7 an offense under Federal or State law that 

8 is punishable by a maximum term of im9 prisonment of more than 1 year; 

10 ‘‘(ii) the term ‘misdemeanor offense’ 

11 means an offense under Federal or State 

12 law that is punishable by a term of impris13 onment of more than 5 days but not more 

14 than 1 year; 

15 ‘‘(iii) the term ‘crime of domestic vio16 lence’ means any offense that has as an 

17 element the use, attempted use, or threat18 ened use of physical force against a person 

19 committed by a current or former spouse 

20 of the person, by an individual with whom 

21 the person shares a child in common, by 

22 an individual who is cohabiting with or has 

23 cohabited with the person as a spouse, by 

24 an individual similarly situated to a spouse 

25 of the person under the domestic or family 


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1 violence laws of the jurisdiction where the 

2 offense occurs, or by any other individual 

3 against a person who is protected from 

4 that individual’s acts under the domestic 

5 or family violence laws of the United 

6 States or any State, Indian tribal govern7 ment, or unit of local government; and 

8 ‘‘(iv) the terms ‘convicted’, ‘convic9 tion’, ‘adjudicated’, and ‘adjudication’ do 

10 not include a judgment that has been ex11 punged or set aside, that resulted in a re12 habilitative disposition, or the equivalent. 

13 ‘‘(4) WORK AUTHORIZATION.—In the case of an 

14 alien who has temporary resident status under this 

15 subsection, the Secretary of Homeland Security shall 

16 authorize the alien to engage in employment in the 

17 United States and provide the alien with an ‘employ18 ment authorized’ endorsement or other appropriate 

19 work permit. Work authorization provided under this 

20 paragraph shall be effective throughout the period 

21 the alien is in temporary resident status under this 

22 subsection. 

23 ‘‘(5) TERMS OF STATUS.— 

24 ‘‘(A) IN GENERAL.—Temporary resident 

25 status under this subsection shall be valid for a 


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1 period of 3 years, unless such period is ex2 tended or renewed. 

3 ‘‘(B) RENEWAL.—In the case of an alien 

4 who has temporary resident status under this 

5 subsection, the Secretary of Homeland Security 

6 shall renew the status in 3-year increments, 

7 with no limit on the number of such renewals, 

8 if— 

9 ‘‘(i) the alien files a nonfrivolous ap10 plication for renewal before the date of ex11 piration of the period of stay authorized by 

12 the Secretary; and 

13 ‘‘(ii) the Secretary determines that 

14 the alien continues to meet the conditions 

15 for adjustment of status under this sub16 section. 

17 ‘‘(C) AUTOMATIC EXTENSION DURING

18 PENDENCY OF APPLICATION.—In the case of an 

19 alien who files a nonfrivolous application for re20 newal before the date of expiration of the period 

21 of stay authorized by the Secretary, the alien’s 

22 period of temporary resident status and work 

23 authorization shall be deemed extended during 

24 the pendency of the application. 


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1 ‘‘(6) DOCUMENTS ESTABLISHING CONTINUOUS

2 PHYSICAL PRESENCE.—To establish that an alien 

3 has been continuously physically present in the 

4 United States, as required under paragraph (1), the 

5 alien may submit the following forms of evidence: 

6 ‘‘(A) Passport entries, including admission 

7 stamps on the alien’s passport. 

8 ‘‘(B) Any document from the Department 

9 of Justice or the Department of Homeland Se10 curity noting the alien’s date of entry into the 

11 United States. 

12 ‘‘(C) Records from any educational institu13 tion the alien has attended in the United 

14 States. 

15 ‘‘(D) Employment records of the alien that 

16 include the employer’s name and contact infor17 mation, or other records demonstrating earned 

18 income. 

19 ‘‘(E) Records of service from the Uni20 formed Services. 

21 ‘‘(F) Official records from a religious enti22 ty confirming the alien’s participation in a reli23 gious ceremony. 

24 ‘‘(G) A birth certificate for a child who 

25 was born in the United States. 


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1 ‘‘(H) Hospital or medical records showing 

2 medical treatment or hospitalization, the name 

3 of the medical facility or physician, and the 

4 date of the treatment or hospitalization. 

5 ‘‘(I) Automobile license receipts or reg6 istration. 

7 ‘‘(J) Deeds, mortgages, or rental agree8 ment contracts. 

9 ‘‘(K) Rent receipts or utility bills bearing 

10 the alien’s name or the name of an immediate 

11 family member of the alien, and the alien’s ad12 dress. 

13 ‘‘(L) Tax receipts. 

14 ‘‘(M) Insurance policies. 

15 ‘‘(N) Remittance records, including copies 

16 of money order receipts sent in or out of the 

17 country. 

18 ‘‘(O) Travel records. 

19 ‘‘(P) Dated bank transactions. 

20 ‘‘(Q) Two or more sworn affidavits from 

21 individuals who are not related to the alien who 

22 have direct knowledge of the alien’s continuous 

23 physical presence in the United States, that 

24 contain— 


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1 ‘‘(i) the name, address, and telephone 

2 number of the affiant; and 

3 ‘‘(ii) the nature and duration of the 

4 relationship between the affiant and the 

5 alien. 

6 ‘‘(R) Any other evidence determined to be 

7 credible by the Secretary of Homeland Security 

8 or the Attorney General. 

9 ‘‘(7) ELIGIBILITY OF REMOVED, DEPORTED, OR

10 VOLUNTARILY DEPARTED ALIENS.—An alien who 

11 was removed, deported, or permitted to depart vol12 untarily from the United States may apply for relief 

13 under this subsection from abroad if the reason for 

14 their removal, deportation, or voluntary departure 

15 was that the alien— 

16 ‘‘(A) was present in the United States 

17 after the expiration of the period of stay au18 thorized by the Secretary of Homeland Security 

19 or was present in the United States without 

20 being admitted or paroled; or 

21 ‘‘(B) committed an offense, if that offense 

22 does not render the alien ineligible for relief 

23 under this subsection pursuant to the provisions 

24 of paragraph (3). 

25 ‘‘(8) CONSTRUCTION.— 


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1 ‘‘(A) IN GENERAL.—A denial of cancella2 tion of removal under any other provision of 

3 this section shall not prejudice a decision under 

4 this subsection. An alien’s eligibility for tem5 porary resident status under this subsection 

6 shall not preclude the alien from seeking any 

7 status under any other provision of law for 

8 which the alien may otherwise be eligible. 

9 ‘‘(B) DETERMINATION OF CONTINUOUS

10 PRESENCE AND RESIDENCE.—Subsection (d) 

11 shall not apply to cancellation of removal or ad12 justment of status under this subsection. 

13 ‘‘(C) ANNUAL LIMITATION.—Subsection 

14 (e) shall not apply to cancellation of removal or 

15 adjustment of status under this subsection.’’. 

Æ 


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