IB 

Union Calendar No. 72 

116TH CONGRESS 

1ST SESSION H. R. 2821 

[Report No. 116–97] 

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 

MAY 30, 2019 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 17, 2019] 


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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. 


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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’’. 

6 TITLE I—TREATMENT OF CER7 TAIN NATIONALS OF CERTAIN 

8 COUNTRIES DESIGNATED FOR 

9 TEMPORARY PROTECTED STA10 TUS OR DEFERRED EN11 FORCED DEPARTURE 

12 SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATION13 ALS OF CERTAIN COUNTRIES DESIGNATED 

14 FOR TEMPORARY PROTECTED STATUS OR DE15 FERRED ENFORCED DEPARTURE. 

16 (a) IN GENERAL.—Notwithstanding any other provi17 sion of law, the Secretary or the Attorney General shall can18 cel the removal of, and adjust to the status of an alien law19 fully admitted for permanent residence, an alien described 

20 in subsection (b) if the alien— 

21 (1) applies for such adjustment, including sub22 mitting any required documents under section 207, 

23 not later than 3 years after the date of the enactment 

24 of this Act; 


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1 (2) has been continuously physically present in 

2 the United States for a period of not less than 3 years 

3 before the date of the enactment of this Act; and 

4 (3) is not inadmissible under paragraph (1), (2), 

5 (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of sec6 tion 212(a) of the Immigration and Nationality Act 

7 (8 U.S.C. 1182(a)). 

8 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA9 TUS.—An alien shall be eligible for adjustment of status 

10 under this section if the alien is an individual— 

11 (1) who— 

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

13 thereof) (or in the case of an alien having no na14 tionality, is a person who last habitually resided 

15 in such state) with a designation under sub16 section (b) of section 244 of the Immigration and 

17 Nationality Act (8 U.S.C. 1254a(b)) on January 

18 1, 2017, who had or was otherwise eligible for 

19 temporary protected status on such date notwith20 standing subsections (c)(1)(A)(iv) and (c)(3)(C) 

21 of such section; and 

22 (B) has not engaged in conduct since such 

23 date that would render the alien ineligible for 

24 temporary protected status under section 


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1 244(c)(2) of the Immigration and Nationality 

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

3 (2) who was eligible for Deferred Enforced De4 parture as of January 1, 2017, and has not engaged 

5 in conduct since that date that would render the alien 

6 ineligible for Deferred Enforced Departure. 

7 (c) APPLICATION.— 

8 (1) FEE.—The Secretary shall, subject to an ex9 emption under section 203(c), require an alien apply10 ing for adjustment of status under this section to pay 

11 a reasonable fee that is commensurate with the cost 

12 of processing the application, but does not exceed 

13 $1,140. 

14 (2) BACKGROUND CHECKS.—The Secretary may 

15 not grant an alien permanent resident status on a 

16 conditional basis under this section until the require17 ments of section 202 are satisfied. 

18 (3) WITHDRAWAL OF APPLICATION.—The Sec19 retary of Homeland Security shall, upon receipt of a 

20 request to withdraw an application for adjustment of 

21 status under this section, cease processing of the ap22 plication and close the case. Withdrawal of the appli23 cation under this subsection shall not prejudice any 

24 future application filed by the applicant for any imVerDate Sep 11 2014 00:12 May 31, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2821.RH H2821

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1 migration benefit under this Act or under the Immi2 gration and Nationality Act (8 U.S.C. 1101 et seq). 

3 TITLE II—GENERAL PROVISIONS 

4 SEC. 201. DEFINITIONS. 

5 (a) IN GENERAL.—In this Act: 

6 (1) IN GENERAL.—Except as otherwise specifi7 cally provided, any term used in this Act that is used 

8 in the immigration laws shall have the meaning given 

9 such term in the immigration laws. 

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

11 meaning given such term in section 3(1) of the Amer12 icans with Disabilities Act of 1990 (42 U.S.C. 

13 12102(1)). 

14 (3) FEDERAL POVERTY LINE.—The term ‘‘Fed15 eral poverty line’’ has the meaning given such term 

16 in section 213A(h) of the Immigration and Nation17 ality Act (8 U.S.C. 1183a). 

18 (4) IMMIGRATION LAWS.—The term ‘‘immigra19 tion laws’’ has the meaning given such term in sec20 tion 101(a)(17) of the Immigration and Nationality 

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

22 (5) SECRETARY.—Except as otherwise specifi23 cally provided, the term ‘‘Secretary’’ means the Sec24 retary of Homeland Security. 


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1 (6) UNIFORMED SERVICES.—The term ‘‘Uni2 formed Services’’ has the meaning given the term 

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

4 United States Code. 

5 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

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

7 ‘‘convicted’’ and ‘‘conviction’’, as used in sections 212 and 

8 244 of the Immigration and Nationality Act (8 U.S.C. 

9 1182, 1254a), do not include a judgment that has been ex10 punged or set aside, that resulted in a rehabilitative dis11 position, or the equivalent. 

12 SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

13 DATA; BACKGROUND CHECKS. 

14 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

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

16 of status under this Act unless the alien submits biometric 

17 and biographic data, in accordance with procedures estab18 lished by the Secretary. The Secretary shall provide an al19 ternative procedure for aliens who are unable to provide 

20 such biometric or biographic data because of a physical im21 pairment. 

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

23 biometric, biographic, and other data that the Secretary de24 termines appropriate to conduct security and law enforce25 ment background checks and to determine whether there is 


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1 any criminal, national security, or other factor that would 

2 render the alien ineligible for adjustment of status under 

3 this Act. The status of an alien may not be adjusted unless 

4 security and law enforcement background checks are com5 pleted to the satisfaction of the Secretary. 

6 SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE 

7 EXEMPTION; WAIVER OF GROUNDS FOR INAD8 MISSIBILITY AND OTHER CONDITIONS ON EL9 IGIBLE INDIVIDUALS. 

10 (a) LIMITATION ON REMOVAL.—An alien who appears 

11 to be prima facie eligible for relief under this Act shall be 

12 given a reasonable opportunity to apply for such relief and 

13 may not be removed until, subject to section 206(c), a final 

14 decision establishing ineligibility for relief is rendered. 

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

16 States who has been ordered removed or has been permitted 

17 to depart voluntarily from the United States may, notwith18 standing such order or permission to depart, apply for ad19 justment of status under this Act. Such alien shall not be 

20 required to file a separate motion to reopen, reconsider, or 

21 vacate the order of removal. If the Secretary approves the 

22 application, the Secretary shall cancel the order of removal. 

23 If the Secretary renders a final administrative decision to 

24 deny the application, the order of removal or permission 

25 to depart shall be effective and enforceable to the same extent 


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1 as if the application had not been made, only after all 

2 available administrative and judicial remedies have been 

3 exhausted. 

4 (c) FEE EXEMPTION.—An applicant may be exempted 

5 from paying an application fee required under this Act if 

6 the applicant— 

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

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

9 period immediately preceding the date on which the 

10 applicant files an application under this Act, that is 

11 less than 150 percent of the Federal poverty line; 

12 (3) is in foster care or otherwise lacks any pa13 rental or other familial support; or 

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

15 a serious, chronic disability. 

16 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), with respect to any benefit under this Act, 

19 and in addition to any waivers that are otherwise 

20 available, the Secretary may waive the grounds of in21 admissibility under paragraph (1), subparagraphs 

22 (A), (C), and (D) of paragraph (2), subparagraphs 

23 (D) through (G) of paragraph (6), or paragraph 

24 (10)(D) of section 212(a) of the Immigration and Na25 tionality Act (8 U.S.C. 1182(a)) for humanitarian 


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1 purposes, for family unity, or because the waiver is 

2 otherwise in the public interest. 

3 (2) EXCEPTION.—The Secretary may not waive 

4 a ground described in paragraph (1) if such inadmis5 sibility is based on a conviction or convictions, and 

6 such conviction or convictions would otherwise render 

7 the alien ineligible under section 244(c)(2)(B) of the 

8 Immigration and Nationality Act (8 U.S.C. 

9 1254a(c)(2)(B)). 

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

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

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

13 Secretary makes a final decision regarding such applica14 tion, the alien shall be eligible to apply for advance parole. 

15 Section 101(g) of the Immigration and Nationality Act (8 

16 U.S.C. 1101(g)) shall not apply to an alien granted ad17 vance parole under this section. 

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

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

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

21 be granted an employment authorization document. 

22 SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE. 

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

24 continuous physical presence in the United States of an 

25 alien who applies for adjustment of status under this Act 


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1 shall not terminate when the alien is served a notice to ap2 pear under section 239(a) of the Immigration and Nation3 ality Act (8 U.S.C. 1229(a)). 

4 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE.— 

5 (1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), an alien shall be considered to 

7 have failed to maintain continuous physical presence 

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

9 departed from the United States for any period ex10 ceeding 90 days or for any periods, in the aggregate, 

11 exceeding 180 days. 

12 (2) EXTENSIONS FOR EXTENUATING CIR13 CUMSTANCES.—The Secretary may extend the time 

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

15 demonstrates that the failure to timely return to the 

16 United States was due to extenuating circumstances 

17 beyond the alien’s control, including the serious ill18 ness of the alien, or death or serious illness of a par19 ent, grandparent, sibling, or child of the alien. 

20 (3) TRAVEL AUTHORIZED BY THE SECRETARY.— 

21 Any period of travel outside of the United States by 

22 an alien that was authorized by the Secretary may 

23 not be counted toward any period of departure from 

24 the United States under paragraph (1). 


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1 (c) WAIVER OF PHYSICAL PRESENCE.—With respect to 

2 aliens who were removed or departed the United States on 

3 or after January 20, 2017, and who were continuously 

4 physically present in the United States for at least 3 years 

5 prior to such removal or departure, the Secretary may, as 

6 a matter of discretion, waive the physical presence require7 ment under section 101(a)(2) for humanitarian purposes, 

8 for family unity, or because a waiver is otherwise in the 

9 public interest. The Secretary, in consultation with the Sec10 retary of State, shall establish a procedure for such aliens 

11 to apply for relief under section 101 from outside the United 

12 States if they would have been eligible for relief under such 

13 section, but for their removal or departure. 

14 SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 

15 Nothing in this Act or in any other law may be con16 strued to apply a numerical limitation on the number of 

17 aliens who may be granted permanent resident status under 

18 this Act. 

19 SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL 

20 REVIEW. 

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

22 days after the date of the enactment of this Act, the Sec23 retary shall provide to aliens who have applied for adjust24 ment of status under this Act a process by which an appli25 cant may seek administrative appellate review of a denial 


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

2 of such status. 

3 (b) JUDICIAL REVIEW.—Notwithstanding any other 

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

5 denial of an application for adjustment of status, or a rev6 ocation of such status, under this Act in the United States 

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

8 (c) STAY OF REMOVAL.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), an alien seeking administrative or judicial 

11 review under this Act may not be removed from the 

12 United States until a final decision is rendered estab13 lishing that the alien is ineligible for adjustment of 

14 status under this Act. 

15 (2) EXCEPTION.—The Secretary may remove an 

16 alien described in paragraph (1) pending judicial re17 view if such removal is based on criminal or national 

18 security grounds. Such removal does not affect the 

19 alien’s right to judicial review under this Act. The 

20 Secretary shall promptly return a removed alien if a 

21 decision to deny an application for adjustment of sta22 tus under this Act, or to revoke such status, is re23 versed. 


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1 SEC. 207. DOCUMENTATION REQUIREMENTS. 

2 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

3 alien’s application for permanent resident status under this 

4 Act may include, as evidence of identity, the following: 

5 (1) A passport or national identity document 

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

7 alien’s name and the alien’s photograph or finger8 print. 

9 (2) The alien’s birth certificate and an identity 

10 card that includes the alien’s name and photograph. 

11 (3) A school identification card that includes the 

12 alien’s name and photograph, and school records 

13 showing the alien’s name and that the alien is or was 

14 enrolled at the school. 

15 (4) A Uniformed Services identification card 

16 issued by the Department of Defense. 

17 (5) Any immigration or other document issued 

18 by the United States Government bearing the alien’s 

19 name and photograph. 

20 (6) A State-issued identification card bearing the 

21 alien’s name and photograph. 

22 (7) Any other evidence determined to be credible 

23 by the Secretary. 

24 (b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS25 ICAL PRESENCE.—An alien’s application for permanent 

26 resident status under this Act may include, as evidence that 


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1 the alien has been continuously physically present in the 

2 United States, as required under section 101(a)(2), the fol3 lowing: 

4 (1) Passport entries, including admission stamps 

5 on the alien’s passport. 

6 (2) Any document from the Department of Jus7 tice or the Department of Homeland Security noting 

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

9 (3) Records from any educational institution the 

10 alien has attended in the United States. 

11 (4) Employment records of the alien that include 

12 the employer’s name and contact information. 

13 (5) Records of service from the Uniformed Serv14 ices. 

15 (6) Official records from a religious entity con16 firming the alien’s participation in a religious cere17 mony. 

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

19 in the United States. 

20 (8) Hospital or medical records showing medical 

21 treatment or hospitalization, the name of the medical 

22 facility or physician, and the date of the treatment or 

23 hospitalization. 

24 (9) Automobile license receipts or registration. 


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1 (10) Deeds, mortgages, or rental agreement con2 tracts. 

3 (11) Rent receipts or utility bills bearing the 

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

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

6 (12) Tax receipts; 

7 (13) Insurance policies. 

8 (14) Remittance records, including copies of 

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

10 (15) Travel records. 

11 (16) Dated bank transactions. 

12 (17) Two or more sworn affidavits from individ13 uals who are not related to the alien who have direct 

14 knowledge of the alien’s continuous physical presence 

15 in the United States, that contain— 

16 (A) the name, address, and telephone num17 ber of the affiant; and 

18 (B) the nature and duration of the relation19 ship between the affiant and the alien. 

20 (18) Any other evidence determined to be credible 

21 by the Secretary. 

22 (c) DOCUMENTS ESTABLISHING EXEMPTION FROM AP23 PLICATION FEES.—An alien’s application for permanent 

24 resident status under this Act may include, as evidence that 


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1 the alien is exempt from an application fee under section 

2 203(c), the following: 

3 (1) DOCUMENTS TO ESTABLISH AGE.—To estab4 lish that an alien meets an age requirement, the alien 

5 may provide proof of identity, as described in sub6 section (a), that establishes that the alien is younger 

7 than 18 years of age. 

8 (2) DOCUMENTS TO ESTABLISH INCOME.—To es9 tablish the alien’s income, the alien may provide— 

10 (A) employment records or other records of 

11 earned income, including records that have been 

12 maintained by the Social Security Administra13 tion, the Internal Revenue Service, or any other 

14 Federal, State, or local government agency; 

15 (B) bank records; or 

16 (C) at least 2 sworn affidavits from individ17 uals who are not related to the alien and who 

18 have direct knowledge of the alien’s work and in19 come that contain— 

20 (i) the name, address, and telephone 

21 number of the affiant; and 

22 (ii) the nature and duration of the re23 lationship between the affiant and the alien. 

24 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

25 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC


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1 DISABILITY.—To establish that the alien is in foster 

2 care, lacks parental or familial support, or has a seri3 ous, chronic disability, the alien may provide at least 

4 2 sworn affidavits from individuals who are not re5 lated to the alien and who have direct knowledge of 

6 the circumstances that contain— 

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

8 care, otherwise lacks any parental or other fa9 miliar support, or has a serious, chronic dis10 ability, as appropriate; 

11 (B) the name, address, and telephone num12 ber of the affiant; and 

13 (C) the nature and duration of the relation14 ship between the affiant and the alien. 

15 (d) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCU16 MENTS.—If the Secretary determines, after publication in 

17 the Federal Register and an opportunity for public com18 ment, that any document or class of documents does not 

19 reliably establish identity or that permanent resident status 

20 under this Act is being obtained fraudulently to an unac21 ceptable degree, the Secretary may prohibit or restrict the 

22 use of such document or class of documents. 

23 SEC. 208. RULE MAKING. 

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

25 date of the enactment of this Act, the Secretary shall publish 


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1 in the Federal Register interim final rules implementing 

2 this Act, which shall allow eligible individuals to imme3 diately apply for relief under section 101. Notwithstanding 

4 section 553 of title 5, United States Code, the regulation 

5 shall be effective, on an interim basis, immediately upon 

6 publication, but may be subject to change and revision after 

7 public notice and opportunity for a period of public com8 ment. The Secretary shall finalize such rules not later than 

9 180 days after the date of publication. 

10 (b) PAPERWORK REDUCTION ACT.—The requirements 

11 under chapter 35 of title 44, United States Code, (commonly 

12 known as the ‘‘Paperwork Reduction Act’’) shall not apply 

13 to any action to implement this Act. 

14 SEC. 209. CONFIDENTIALITY OF INFORMATION. 

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

16 use information provided in applications filed under this 

17 Act (including information provided during administrative 

18 or judicial review) for the purpose of immigration enforce19 ment. 

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

21 solely on information provided in an application for adjust22 ment of status under this Act (including information pro23 vided during administrative or judicial review), may not 

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1 forcement, U.S. Customs and Border Protection, or any des2 ignee of either such entity . 

3 (c) LIMITED EXCEPTION.—Notwithstanding sub4 sections (a) and (b), information provided in an applica5 tion for adjustment of status under this Act may be shared 

6 with Federal security and law enforcement agencies— 

7 (1) for assistance in the consideration of an ap8 plication for adjustment of status under this Act; 

9 (2) to identify or prevent fraudulent claims; 

10 (3) for national security purposes; or 

11 (4) for the investigation or prosecution of any 

12 felony not related to immigration status. 

13 (d) PENALTY.—Any person who knowingly uses, pub14 lishes, or permits information to be examined in violation 

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

16 SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI17 CANTS. 

18 (a) ESTABLISHMENT.—The Secretary of Homeland 

19 Security shall establish, within U.S. Citizenship and Immi20 gration Services, a program to award grants, on a competi21 tive basis, to eligible nonprofit organizations that will use 

22 the funding to assist eligible applicants under this Act by 

23 providing them with the services described in subsection (b). 


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

2 section shall be used for the design and implementation of 

3 programs that provide— 

4 (1) information to the public regarding the eligi5 bility and benefits of permanent resident status under 

6 this Act, particularly to individuals potentially eligi7 ble for such status; 

8 (2) assistance, within the scope of authorized 

9 practice of immigration law, to individuals submit10 ting applications for adjustment of status under this 

11 Act, including— 

12 (A) screening prospective applicants to as13 sess their eligibility for such status; 

14 (B) completing applications and petitions, 

15 including providing assistance in obtaining the 

16 requisite documents and supporting evidence; 

17 and 

18 (C) providing any other assistance that the 

19 Secretary or grantee considers useful or nec20 essary to apply for adjustment of status under 

21 this Act; and 

22 (3) assistance, within the scope of authorized 

23 practice of immigration law, and instruction, to indi24 viduals— 


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1 (A) on the rights and responsibilities of 

2 United States citizenship; 

3 (B) in civics and English as a second lan4 guage; 

5 (C) in preparation for the General Edu6 cation Development test; and 

7 (D) in applying for adjustment of status 

8 and United States citizenship. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) AMOUNTS AUTHORIZED.—There are author11 ized to be appropriated such sums as may be nec12 essary for each of the fiscal years 2020 through 2030 

13 to carry out this section. 

14 (2) AVAILABILITY.—Any amounts appropriated 

15 pursuant to paragraph (1) shall remain available 

16 until expended. 

17 SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR AD18 JUSTMENT OF STATUS. 

19 An alien’s eligibility to be lawfully admitted for per20 manent residence under this Act shall not preclude the alien 

21 from seeking any status under any other provision of law 

22 for which the alien may otherwise be eligible. 


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Union Calendar No. 72 

116TH CONGRESS 

1ST SESSION H. R. 2821 

[Report No. 116–97] 

A BILL 

To authorize the cancellation of removal and adpurposes. tus or deferred enforced departure, and for other countries designated for temporary protected sta- justment of status of certain nationals of certain 

MAY 30, 2019 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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