I 

116TH CONGRESS 

1ST SESSION H. R. 2821 

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

nationals of certain countries designated for temporary protected status 

or deferred enforced departure, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2019 

Ms. VELA ́ZQUEZ (for herself and Ms. CLARKE of New York) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain nationals of certain countries designated for temporary protected status or deferred enforced departure, 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 Promise Act 

5 of 2019’’. 


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1 TITLE I—TREATMENT OF CER2 TAIN NATIONALS OF CERTAIN 

3 COUNTRIES DESIGNATED 

4 FOR TEMPORARY PRO5 TECTED STATUS OR DE6 FERRED ENFORCED DEPAR7 TURE 

8 SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATION9 ALS OF CERTAIN COUNTRIES DESIGNATED 

10 FOR TEMPORARY PROTECTED STATUS OR 

11 DEFERRED ENFORCED DEPARTURE. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, the Secretary or the Attorney General shall 

14 cancel the removal of, and adjust to the status of an alien 

15 lawfully admitted for permanent residence, an alien de16 scribed in subsection (b) if the alien— 

17 (1) applies for such adjustment, including sub18 mitting any required documents under section 207, 

19 not later than 3 years after the date of the enact20 ment of this Act; 

21 (2) has been continuously physically present in 

22 the United States for a period of not less than 3 

23 years before the date of the enactment of this Act; 

24 and 


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1 (3) is not inadmissible under paragraph (1), 

2 (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), (10) of 

3 section 212(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1182(a)). 

5 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA6 TUS.—An alien shall be eligible for adjustment of status 

7 under this section if the alien is an individual— 

8 (1) who— 

9 (A) is a national of a foreign state (or part 

10 thereof) (or in the case of an alien having no 

11 nationality, is a person who last habitually re12 sided in such state) with a designation under 

13 subsection (b) of section 244 of the Immigra14 tion and Nationality Act (8 U.S.C. 1254a(b)) 

15 on January 1, 2017, who had or was otherwise 

16 eligible for temporary protected status on such 

17 date notwithstanding subsections (c)(1)(A)(iv) 

18 and (c)(3)(C) of such section; and 

19 (B) has not engaged in conduct since such 

20 date that would render the alien ineligible for 

21 temporary protected status under section 

22 244(c)(2) of the Immigration and Nationality 

23 Act (8 U.S.C. 1245a(c)(2)); or 

24 (2) who was eligible for Deferred Enforced De25 parture as of January 1, 2017, and has not engaged 


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1 in conduct since that date that would render the 

2 alien ineligible for Deferred Enforced Departure. 

3 (c) APPLICATION.— 

4 (1) FEE.—The Secretary shall, subject to an 

5 exemption under section 203(c), require an alien ap6 plying for adjustment of status under this section to 

7 pay a reasonable fee that is commensurate with the 

8 cost of processing the application, but does not ex9 ceed $1,140. 

10 (2) BACKGROUND CHECKS.—The Secretary 

11 may not grant an alien permanent resident status on 

12 a conditional basis under this section until the re13 quirements of section 202 are satisfied. 

14 (3) WITHDRAWAL OF APPLICATION.—The Sec15 retary of Homeland Security shall, upon receipt of 

16 a request to withdraw an application for adjustment 

17 of status under this section, cease processing of the 

18 application and close the case. Withdrawal of the ap19 plication under this subsection shall not prejudice 

20 any future application filed by the applicant for any 

21 immigration benefit under this Act or under the Im22 migration and Nationality Act (8 U.S.C. 1101 et 

23 seq.). 


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1 TITLE II—GENERAL PROVISIONS 

2 SEC. 201. DEFINITIONS. 

3 (a) IN GENERAL.—In this Act: 

4 (1) IN GENERAL.—Except as otherwise specifi5 cally provided, any term used in this Act that is 

6 used in the immigration laws shall have the meaning 

7 given such term in the immigration laws. 

8 (2) DISABILITY.—The term ‘‘disability’’ has the 

9 meaning given such term in section 3(1) of the 

10 Americans with Disabilities Act of 1990 (42 U.S.C. 

11 12102(1)). 

12 (3) FEDERAL POVERTY LINE.—The term ‘‘Fed13 eral poverty line’’ has the meaning given such term 

14 in section 213A(h) of the Immigration and Nation15 ality Act (8 U.S.C. 1183a). 

16 (4) IMMIGRATION LAWS.—The term ‘‘immigra17 tion laws’’ has the meaning given such term in sec18 tion 101(a)(17) of the Immigration and Nationality 

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

20 (5) SECRETARY.—Except as otherwise specifi21 cally provided, the term ‘‘Secretary’’ means the Sec22 retary of Homeland Security. 

23 (6) UNIFORMED SERVICES.—The term ‘‘Uni24 formed Services’’ has the meaning given the term 


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1 ‘‘uniformed services’’ in section 101(a) of title 10, 

2 United States Code. 

3 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

4 purposes of adjustment of status under this Act, the terms 

5 ‘‘convicted’’ and ‘‘conviction’’, as used in section 212 of 

6 the Immigration and Nationality Act (8 U.S.C. 1182), do 

7 not include a judgment that has been expunged or set 

8 aside, that resulted in a rehabilitative disposition, or the 

9 equivalent. 

10 SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

11 DATA; BACKGROUND CHECKS. 

12 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

13 DATA.—The Secretary may not grant an alien adjustment 

14 of status under this Act unless the alien submits biometric 

15 and biographic data, in accordance with procedures estab16 lished by the Secretary. The Secretary shall provide an 

17 alternative procedure for aliens who are unable to provide 

18 such biometric or biographic data because of a physical 

19 impairment. 

20 (b) BACKGROUND CHECKS.—The Secretary shall use 

21 biometric, biographic, and other data that the Secretary 

22 determines appropriate to conduct security and law en23 forcement background checks and to determine whether 

24 there is any criminal, national security, or other factor 

25 that would render the alien ineligible for adjustment of 


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1 status under this Act. The status of an alien may not be 

2 adjusted unless security and law enforcement background 

3 checks are completed to the satisfaction of the Secretary. 

4 SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND 

5 FEE EXEMPTION; WAIVER OF GROUNDS FOR 

6 INADMISSIBILITY AND OTHER CONDITIONS 

7 ON ELIGIBLE INDIVIDUALS. 

8 (a) LIMITATION ON REMOVAL.—An alien who ap9 pears to be prima facie eligible for relief under this Act 

10 shall be given a reasonable opportunity to apply for such 

11 relief and may not be removed until, subject to section 

12 206(c), a final decision establishing ineligibility for relief 

13 is rendered. 

14 (b) APPLICATION.—An alien present in the United 

15 States who has been ordered removed or has been per16 mitted to depart voluntarily from the United States may, 

17 notwithstanding such order or permission to depart, apply 

18 for adjustment of status under this Act. Such alien shall 

19 not be required to file a separate motion to reopen, recon20 sider, or vacate the order of removal. If the Secretary ap21 proves the application, the Secretary shall cancel the order 

22 of removal. If the Secretary renders a final administrative 

23 decision to deny the application, the order of removal or 

24 permission to depart shall be effective and enforceable to 

25 the same extent as if the application had not been made, 


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1 only after all available administrative and judicial rem2 edies have been exhausted. 

3 (c) FEE EXEMPTION.—An applicant may be exempt4 ed from paying an application fee required under this Act 

5 if the applicant— 

6 (1) is younger than 18 years of age; 

7 (2) received total income, during the 12-month 

8 period immediately preceding the date on which the 

9 applicant files an application under this Act, that is 

10 less than 150 percent of the Federal poverty line; 

11 (3) is in foster care or otherwise lacks any pa12 rental or other familial support; or 

13 (4) cannot care for himself or herself because of 

14 a serious, chronic disability. 

15 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

16 With respect to any benefit under this Act, the Secretary 

17 may waive the grounds of inadmissibility under paragraph 

18 (1), subparagraphs (A) through (E) of paragraph (2), sub19 paragraphs (D) through (G) of paragraph (6), or para20 graph (10)(D) of section 212(a) of the Immigration and 

21 Nationality Act (8 U.S.C. 1182(a)) for humanitarian pur22 poses, for family unity, or because the waiver is otherwise 

23 in the public interest. 

24 (e) ADVANCE PAROLE.—During the period beginning 

25 on the date on which an alien applies for adjustment of 


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1 status under this Act and ending on the date on which 

2 the Secretary makes a final decision regarding such appli3 cation, the alien shall be eligible to apply for advance pa4 role. Section 101(g) of the Immigration and Nationality 

5 Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 

6 advance parole under this section. 

7 (f) EMPLOYMENT.—An alien whose removal is stayed 

8 pursuant to this Act, or who has pending an application 

9 under this Act, shall, upon application to the Secretary, 

10 be granted an employment authorization document. 

11 SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE. 

12 (a) EFFECT OF NOTICE TO APPEAR.—Any period of 

13 continuous physical presence in the United States of an 

14 alien who applies for adjustment of status under this Act 

15 shall not terminate when the alien is served a notice to 

16 appear under section 239(a) of the Immigration and Na17 tionality Act (8 U.S.C. 1229(a)). 

18 (b) TREATMENT OF CERTAIN BREAKS IN PRES19 ENCE.— 

20 (1) IN GENERAL.—Except as provided in para21 graphs (2) and (3), an alien shall be considered to 

22 have failed to maintain continuous physical presence 

23 in the United States under this Act if the alien has 

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1 ceeding 90 days or for any periods, in the aggregate, 

2 exceeding 180 days. 

3 (2) EXTENSIONS FOR EXTENUATING CIR4 CUMSTANCES.—The Secretary may extend the time 

5 periods described in paragraph (1) for an alien who 

6 demonstrates that the failure to timely return to the 

7 United States was due to extenuating circumstances 

8 beyond the alien’s control, including the serious ill9 ness of the alien, or death or serious illness of a par10 ent, grandparent, sibling, or child of the alien. 

11 (3) TRAVEL AUTHORIZED BY THE SEC12 RETARY.—Any period of travel outside of the United 

13 States by an alien that was authorized by the Sec14 retary may not be counted toward any period of de15 parture from the United States under paragraph 

16 (1). 

17 (c) WAIVER OF PHYSICAL PRESENCE.—With respect 

18 to aliens who were removed or departed the United States 

19 on or after January 20, 2017, and who were continuously 

20 physically present in the United States for at least 4 years 

21 prior to such removal or departure, the Secretary may, 

22 as a matter of discretion, waive the physical presence re23 quirement under section 101(a)(2) for humanitarian pur24 poses, for family unity, or because a waiver is otherwise 

25 in the public interest. The Secretary, in consultation with 


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1 the Secretary of State, shall establish a procedure for such 

2 aliens to apply for relief under section 101 from outside 

3 the United States if they would have been eligible for relief 

4 under such section, but for their removal or departure. 

5 SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 

6 Nothing in this Act or in any other law may be con7 strued to apply a numerical limitation on the number of 

8 aliens who may be granted permanent resident status 

9 under this Act. 

10 SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDI11 CIAL REVIEW. 

12 (a) ADMINISTRATIVE REVIEW.—Not later than 30 

13 days after the date of the enactment of this Act, the Sec14 retary shall provide to aliens who have applied for adjust15 ment of status under this Act a process by which an appli16 cant may seek administrative appellate review of a denial 

17 of an application for adjustment of status, or a revocation 

18 of such status. 

19 (b) JUDICIAL REVIEW.—Notwithstanding any other 

20 provision of law, an alien may seek judicial review of a 

21 denial of an application for adjustment of status, or a rev22 ocation of such status, under this Act in the United States 

23 district court with jurisdiction over the alien’s residence. 

24 (c) STAY OF REMOVAL.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), an alien seeking administrative or judicial 

3 review under this Act may not be removed from the 

4 United States until a final decision is rendered es5 tablishing that the alien is ineligible for adjustment 

6 of status under this Act. 

7 (2) EXCEPTION.—The Secretary may remove 

8 an alien described in paragraph (1) pending judicial 

9 review if such removal is based on criminal or na10 tional security grounds. Such removal does not af11 fect the alien’s right to judicial review under this 

12 Act. The Secretary shall promptly return a removed 

13 alien if a decision to deny an application for adjust14 ment of status under this Act, or to revoke such sta15 tus, is reversed. 

16 SEC. 207. DOCUMENTATION REQUIREMENTS. 

17 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

18 alien’s application for permanent resident status under 

19 this Act may include, as evidence of identity— 

20 (1) a passport or national identity document 

21 from the alien’s country of origin that includes the 

22 alien’s name and the alien’s photograph or finger23 print; 

24 (2) the alien’s birth certificate and an identity 

25 card that includes the alien’s name and photograph; 


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1 (3) a school identification card that includes the 

2 alien’s name and photograph, and school records 

3 showing the alien’s name and that the alien is or 

4 was enrolled at the school; 

5 (4) a Uniformed Services identification card 

6 issued by the Department of Defense; 

7 (5) any immigration or other document issued 

8 by the United States Government bearing the alien’s 

9 name and photograph; 

10 (6) a State-issued identification card bearing 

11 the alien’s name and photograph; or 

12 (7) any other evidence determined to be credible 

13 by the Secretary. 

14 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS15 ICAL PRESENCE.—To establish that an alien has been 

16 continuously physically present in the United States, as 

17 required under section 101(a)(2), the alien may submit 

18 the following forms of evidence: 

19 (1) Passport entries, including admission 

20 stamps on the alien’s passport. 

21 (2) Any document from the Department of Jus22 tice or the Department of Homeland Security noting 

23 the alien’s date of entry into the United States. 

24 (3) Records from any educational institution 

25 the alien has attended in the United States. 


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1 (4) Employment records of the alien that in2 clude the employer’s name and contact information. 

3 (5) Records of service from the Uniformed 

4 Services. 

5 (6) Official records from a religious entity con6 firming the alien’s participation in a religious cere7 mony. 

8 (7) A birth certificate for a child who was born 

9 in the United States. 

10 (8) Hospital or medical records showing med11 ical treatment or hospitalization, the name of the 

12 medical facility or physician, and the date of the 

13 treatment or hospitalization. 

14 (9) Automobile license receipts or registration. 

15 (10) Deeds, mortgages, or rental agreement 

16 contracts. 

17 (11) Rent receipts or utility bills bearing the 

18 alien’s name or the name of an immediate family 

19 member of the alien, and the alien’s address. 

20 (12) Tax receipts. 

21 (13) Insurance policies. 

22 (14) Remittance records, including copies of 

23 money order receipts sent in or out of the country. 

24 (15) Travel records. 

25 (16) Dated bank transactions. 


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1 (17) Two or more sworn affidavits from individ2 uals who are not related to the alien who have direct 

3 knowledge of the alien’s continuous physical pres4 ence in the United States, that contain— 

5 (A) the name, address, and telephone num6 ber of the affiant; and 

7 (B) the nature and duration of the rela8 tionship between the affiant and the alien. 

9 (18) Any other evidence determined to be cred10 ible by the Secretary. 

11 (c) DOCUMENTS ESTABLISHING EXEMPTION FROM

12 APPLICATION FEES.—To establish that an alien is exempt 

13 from an application fee under section 203(c), the alien 

14 may submit to the Secretary the following relevant docu15 ments: 

16 (1) DOCUMENTS TO ESTABLISH AGE.—To es17 tablish that an alien meets an age requirement, the 

18 alien may provide proof of identity, as described in 

19 subsection (a), that establishes that the alien is 

20 younger than 18 years of age. 

21 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

22 establish the alien’s income, the alien may provide— 

23 (A) employment records or other records of 

24 earned income that have been maintained by 

25 the Social Security Administration, the Internal 


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1 Revenue Service, or any other Federal, State, 

2 or local government agency; 

3 (B) bank records; or 

4 (C) at least 2 sworn affidavits from indi5 viduals who are not related to the alien and 

6 who have direct knowledge of the alien’s work 

7 and income that contain— 

8 (i) the name, address, and telephone 

9 number of the affiant; and 

10 (ii) the nature and duration of the re11 lationship between the affiant and the 

12 alien. 

13 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

14 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

15 DISABILITY.—To establish that the alien was in fos16 ter care, lacks parental or familial support, or has 

17 a serious, chronic disability, the alien may provide at 

18 least 2 sworn affidavits from individuals who are not 

19 related to the alien and who have direct knowledge 

20 of the circumstances that contain— 

21 (A) a statement that the alien is in foster 

22 care, otherwise lacks any parental or other fa23 miliar support, or has a serious, chronic dis24 ability, as appropriate; 


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1 (B) the name, address, and telephone num2 ber of the affiant; and 

3 (C) the nature and duration of the rela4 tionship between the affiant and the alien. 

5 (d) AUTHORITY TO PROHIBIT USE OF CERTAIN

6 DOCUMENTS.—If the Secretary determines, after publica7 tion in the Federal Register and an opportunity for public 

8 comment, that any document or class of documents does 

9 not reliably establish identity or that permanent resident 

10 status under this Act is being obtained fraudulently to an 

11 unacceptable degree, the Secretary may prohibit or re12 strict the use of such document or class of documents. 

13 SEC. 208. RULEMAKING. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of the enactment of this Act, the Secretary shall pub16 lish in the Federal Register interim final rules imple17 menting this Act, which shall allow eligible individuals to 

18 immediately apply for relief under section 101. Notwith19 standing section 553 of title 5, United States Code, the 

20 regulation shall be effective, on an interim basis, imme21 diately upon publication, but may be subject to change and 

22 revision after public notice and opportunity for a period 

23 of public comment. The Secretary shall finalize such rules 

24 not later than 180 days after the date of publication. 


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1 (b) PAPERWORK REDUCTION ACT.—The require2 ments under chapter 35 of title 44, United States Code, 

3 (commonly known as the ‘‘Paperwork Reduction Act’’) 

4 shall not apply to any action to implement this Act. 

5 SEC. 209. CONFIDENTIALITY OF INFORMATION. 

6 (a) IN GENERAL.—The Secretary may not disclose 

7 or use information provided in applications filed under this 

8 Act (including information provided during administrative 

9 or judicial review) for the purpose of immigration enforce10 ment. 

11 (b) REFERRALS PROHIBITED.—The Secretary, based 

12 solely on information provided in an application for adjust13 ment of status under this Act (including information pro14 vided during administrative or judicial review), may not 

15 refer an applicant to U.S. Immigration and Customs En16 forcement, U.S. Customs and Border Protection, or any 

17 designee of either such entity. 

18 (c) LIMITED EXCEPTION.—Notwithstanding sub19 sections (a) and (b), information provided in an applica20 tion for adjustment of status under this Act may be 

21 shared with Federal security and law enforcement agen22 cies— 

23 (1) for assistance in the consideration of an ap24 plication for adjustment of status under this Act; 

25 (2) to identify or prevent fraudulent claims; 


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1 (3) for national security purposes; or 

2 (4) for the investigation or prosecution of any 

3 felony not related to immigration status. 

4 (d) PENALTY.—Any person who knowingly uses, pub5 lishes, or permits information to be examined in violation 

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

7 SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI8 CANTS. 

9 (a) ESTABLISHMENT.—The Secretary of Homeland 

10 Security shall establish, within U.S. Citizenship and Immi11 gration Services, a program to award grants, on a com12 petitive basis, to eligible nonprofit organizations that will 

13 use the funding to assist eligible applicants under this Act 

14 by providing them with the services described in sub15 section (b). 

16 (b) USE OF FUNDS.—Grant funds awarded under 

17 this section shall be used for the design and implementa18 tion of programs that provide— 

19 (1) information to the public regarding the eli20 gibility and benefits of permanent resident status 

21 under this Act, particularly to individuals potentially 

22 eligible for such status; 

23 (2) assistance, within the scope of authorized 

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1 ting applications for adjustment of status under this 

2 Act, including— 

3 (A) screening prospective applicants to as4 sess their eligibility for such status; 

5 (B) completing applications and petitions, 

6 including providing assistance in obtaining the 

7 requisite documents and supporting evidence; 

8 and 

9 (C) providing any other assistance that the 

10 Secretary or grantee considers useful or nec11 essary to apply for adjustment of status under 

12 this Act; and 

13 (3) assistance, within the scope of authorized 

14 practice of immigration law, and instruction, to indi15 viduals— 

16 (A) on the rights and responsibilities of 

17 United States citizenship; 

18 (B) in civics and English as a second lan19 guage; 

20 (C) in preparation for the General Edu21 cation Development test; and 

22 (D) in applying for adjustment of status 

23 and United States citizenship. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) AMOUNTS AUTHORIZED.—There are author2 ized to be appropriated such sums as may be nec3 essary for each of the fiscal years 2020 through 

4 2030 to carry out this section. 

5 (2) AVAILABILITY.—Any amounts appropriated 

6 pursuant to paragraph (1) shall remain available 

7 until expended. 

8 SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR AD9 JUSTMENT OF STATUS. 

10 An alien’s eligibility to be lawfully admitted for per11 manent residence under this Act shall not preclude the 

12 alien from seeking any status under any other provision 

13 of law for which the alien may otherwise be eligible. 

Æ 


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