IB 

Union Calendar No. 73 

116TH CONGRESS 

1ST SESSION H. R. 2820 

[Report No. 116–98] 

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

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

United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2019 

Ms. ROYBAL-ALLARD 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 individuals who are long-term United 

States residents and entered the United States as children, 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 ‘‘Dream Act of 2019’’. 

5 TITLE I—TREATMENT OF CER6 TAIN LONG-TERM RESIDENTS 

7 WHO ENTERED THE UNITED 

8 STATES AS CHILDREN 

9 SEC. 101. PERMANENT RESIDENT STATUS ON A CONDI10 TIONAL BASIS FOR CERTAIN LONG-TERM 

11 RESIDENTS WHO ENTERED THE UNITED 

12 STATES AS CHILDREN. 

13 (a) CONDITIONAL BASIS FOR STATUS.—Notwith14 standing any other provision of law, and except as provided 

15 in section 103(c)(2), an alien shall be considered, at the 

16 time of obtaining the status of an alien lawfully admitted 

17 for permanent residence under this section, to have obtained 

18 such status on a conditional basis subject to the provisions 

19 of this Act. 

20 (b) REQUIREMENTS.— 

21 (1) IN GENERAL.—Notwithstanding any other 

22 provision of law, the Secretary or the Attorney Gen23 eral shall cancel the removal of, and adjust to the sta24 tus of an alien lawfully admitted for permanent resi25 dence on a conditional basis, or without the condiVerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820

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1 tional basis as provided in section 103(c)(2), an alien 

2 who is inadmissible or deportable from the United 

3 States (or is under a grant of Deferred Enforced De4 parture or has temporary protected status under sec5 tion 244 of the Immigration and Nationality Act (8 

6 U.S.C. 1254a)) if— 

7 (A) the alien has been continuously phys8 ically present in the United States since the date 

9 that is 4 years before the date of the enactment 

10 of this Act; 

11 (B) the alien was younger than 18 years of 

12 age on the date on which the alien entered the 

13 United States and has continuously resided in 

14 the United States since such entry; 

15 (C) the alien— 

16 (i) subject to section 203(d), is not in17 admissible under paragraph (1), (6)(E), 

18 (6)(G), (8), or (10) of section 212(a) of the 

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

20 1182(a)); 

21 (ii) has not ordered, incited, assisted, 

22 or otherwise participated in the persecution 

23 of any person on account of race, religion, 

24 nationality, membership in a particular so25 cial group, or political opinion; and 


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1 (iii) is not barred from adjustment of 

2 status under this Act based on the criminal 

3 and national security grounds described 

4 under subsection (c), subject to the provi5 sions of such subsection; and 

6 (D) the alien— 

7 (i) has been admitted to an institution 

8 of higher education; 

9 (ii) has been admitted to an area ca10 reer and technical education school at the 

11 postsecondary level; 

12 (iii) in the United States, has ob13 tained— 

14 (I) a high school diploma or a 

15 commensurate alternative award from 

16 a public or private high school; 

17 (II) a General Education Devel18 opment credential, a high school 

19 equivalency diploma recognized under 

20 State law, or another similar State-au21 thorized credential; 

22 (III) a credential or certificate 

23 from an area career and technical edu24 cation school at the secondary level; or 


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1 (IV) a recognized postsecondary 

2 credential; or 

3 (iv) is enrolled in secondary school or 

4 in an education program assisting students 

5 in— 

6 (I) obtaining a high school di7 ploma or its recognized equivalent 

8 under State law; 

9 (II) passing the General Edu10 cation Development test, a high school 

11 equivalence diploma examination, or 

12 other similar State-authorized exam; 

13 (III) obtaining a certificate or 

14 credential from an area career and 

15 technical education school providing 

16 education at the secondary level; or 

17 (IV) obtaining a recognized post18 secondary credential. 

19 (2) APPLICATION FEE.— 

20 (A) IN GENERAL.—The Secretary may, sub21 ject to an exemption under section 203(c), re22 quire an alien applying under this section to 

23 pay a reasonable fee that is commensurate with 

24 the cost of processing the application but does 

25 not exceed $495.00. 


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1 (B) SPECIAL PROCEDURE FOR APPLICANTS

2 WITH DACA.—The Secretary shall establish a 

3 streamlined procedure for aliens who have been 

4 granted DACA and who meet the requirements 

5 for renewal (under the terms of the program in 

6 effect on January 1, 2017) to apply for cancella7 tion of removal and adjustment of status to that 

8 of an alien lawfully admitted for permanent res9 idence on a conditional basis under this section, 

10 or without the conditional basis as provided in 

11 section 103(c)(2). Such procedure shall not in12 clude a requirement that the applicant pay a fee, 

13 except that the Secretary may require an appli14 cant who meets the requirements for lawful per15 manent residence without the conditional basis 

16 under section 103(c)(2) to pay a fee that is com17 mensurate with the cost of processing the appli18 cation, subject to the exemption under section 

19 203(c). 

20 (3) BACKGROUND CHECKS.—The Secretary may 

21 not grant an alien permanent resident status on a 

22 conditional basis under this section until the require23 ments of section 202 are satisfied. 

24 (4) MILITARY SELECTIVE SERVICE.—An alien 

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1 tional basis under this section, or without the condi2 tional basis as provided in section 103(c)(2), shall es3 tablish that the alien has registered under the Mili4 tary Selective Service Act (50 U.S.C. 3801 et seq.), if 

5 the alien is subject to registration under such Act. 

6 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

7 (1) GROUNDS OF INELIGIBILITY.—Except as pro8 vided in paragraph (2), an alien is ineligible for ad9 justment of status under this Act (whether on a condi10 tional basis or without the conditional basis as pro11 vided in section 103(c)(2)) if any of the following 

12 apply: 

13 (A) The alien is inadmissible under para14 graph (2) or (3) of section 212(a) of the Immi15 gration and Nationality Act (8 U.S.C. 1182(a)). 

16 (B) Excluding any offense under State law 

17 for which an essential element is the alien’s im18 migration status, and any minor traffic offense, 

19 the alien has been convicted of— 

20 (i) any felony offense; 

21 (ii) 3 or more misdemeanor offenses 

22 (excluding simple possession of cannabis or 

23 cannabis-related paraphernalia, any offense 

24 involving cannabis or cannabis-related par25 aphernalia which is no longer prosecutable 


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1 in the State in which the conviction was en2 tered, and any offense involving civil dis3 obedience without violence) not occurring on 

4 the same date, and not arising out of the 

5 same act, omission, or scheme of mis6 conduct; or 

7 (iii) a misdemeanor offense of domestic 

8 violence, unless the alien demonstrates that 

9 such crime is related to the alien having 

10 been— 

11 (I) a victim of domestic violence, 

12 sexual assault, stalking, child abuse or 

13 neglect, abuse or neglect in later life, or 

14 human trafficking; 

15 (II) battered or subjected to ex16 treme cruelty; or 

17 (III) a victim of criminal activity 

18 described in section 101(a)(15)(U)(iii) 

19 of the Immigration and Nationality 

20 Act (8 U.S.C. 1101(a)(15)(U)(iii)). 

21 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

22 For humanitarian purposes, family unity, or if other23 wise in the public interest, the Secretary may— 

24 (A) waive the grounds of inadmissibility 

25 under subparagraphs (A), (C), and (D) of section 


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1 212(a)(2) of the Immigration and Nationality 

2 Act (8 U.S.C. 1182(a)(2)), unless the conviction 

3 forming the basis for inadmissibility would oth4 erwise render the alien ineligible under para5 graph (1)(B) (subject to subparagraph (B)); and 

6 (B) for purposes of clauses (ii) and (iii) of 

7 paragraph (1)(B), waive consideration of— 

8 (i) one misdemeanor offense if the alien 

9 has not been convicted of any offense in the 

10 5-year period preceding the date on which 

11 the alien applies for adjustment of status 

12 under this Act; or 

13 (ii) up to two misdemeanor offenses if 

14 the alien has not been convicted of any of15 fense in the 10-year period preceding the 

16 date on which the alien applies for adjust17 ment of status under this Act. 

18 (3) AUTHORITY TO CONDUCT SECONDARY RE19 VIEW.— 

20 (A) IN GENERAL.—Notwithstanding an 

21 alien’s eligibility for adjustment of status under 

22 this Act, and subject to the procedures described 

23 in this paragraph, the Secretary of Homeland 

24 Security may, as a matter of non-delegable dis25 cretion, provisionally deny an application for 


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1 adjustment of status (whether on a conditional 

2 basis or without the conditional basis as pro3 vided in section 103(c)(2)) if the Secretary, 

4 based on clear and convincing evidence, which 

5 shall include credible law enforcement informa6 tion, determines that the alien is described in 

7 subparagraph (B) or (D). 

8 (B) PUBLIC SAFETY.—An alien is described 

9 in this subparagraph if— 

10 (i) excluding simple possession of can11 nabis or cannabis-related paraphernalia, 

12 any offense involving cannabis or cannabis13 related paraphernalia which is no longer 

14 prosecutable in the State in which the con15 viction was entered, any offense under State 

16 law for which an essential element is the 

17 alien’s immigration status, any offense in18 volving civil disobedience without violence, 

19 and any minor traffic offense, the alien— 

20 (I) has been convicted of a mis21 demeanor offense punishable by a term 

22 of imprisonment of more than 30 days; 

23 or 

24 (II) has been adjudicated delin25 quent in a State or local juvenile court 


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1 proceeding that resulted in a disposi2 tion ordering placement in a secure fa3 cility; and 

4 (ii) the alien poses a significant and 

5 continuing threat to public safety related to 

6 such conviction or adjudication. 

7 (C) PUBLIC SAFETY DETERMINATION.—For 

8 purposes of subparagraph (B)(ii), the Secretary 

9 shall consider the recency of the conviction or ad10 judication; the length of any imposed sentence or 

11 placement; the nature and seriousness of the con12 viction or adjudication, including whether the 

13 elements of the offense include the unlawful pos14 session or use of a deadly weapon to commit an 

15 offense or other conduct intended to cause serious 

16 bodily injury; and any mitigating factors per17 taining to the alien’s role in the commission of 

18 the offense. 

19 (D) GANG PARTICIPATION.—An alien is de20 scribed in this subparagraph if the alien has, 

21 within the 5 years immediately preceding the 

22 date of the application, knowingly, willfully, and 

23 voluntarily participated in offenses committed 

24 by a criminal street gang (as described in sub25 sections (a) and (c) of section 521 of title 18, 


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1 United States Code) with the intent to promote 

2 or further the commission of such offenses. 

3 (E) EVIDENTIARY LIMITATION.—For pur4 poses of subparagraph (D), allegations of gang 

5 membership obtained from a State or Federal in6 house or local database, or a network of data7 bases used for the purpose of recording and shar8 ing activities of alleged gang members across law 

9 enforcement agencies, shall not establish the par10 ticipation described in such paragraph. 

11 (F) NOTICE.— 

12 (i) IN GENERAL.—Prior to rendering a 

13 discretionary decision under this para14 graph, the Secretary of Homeland Security 

15 shall provide written notice of the intent to 

16 provisionally deny the application to the 

17 alien (or the alien’s counsel of record, if 

18 any) by certified mail and, if an electronic 

19 mail address is provided, by electronic mail 

20 (or other form of electronic communication). 

21 Such notice shall— 

22 (I) articulate with specificity all 

23 grounds for the preliminary deter24 mination, including the evidence relied 


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1 upon to support the determination; 

2 and 

3 (II) provide the alien with not 

4 less than 90 days to respond. 

5 (ii) SECOND NOTICE.—Not more than 

6 30 days after the issuance of the notice 

7 under clause (i), the Secretary of Homeland 

8 Security shall provide a second written no9 tice that meets the requirements of such 

10 clause. 

11 (iii) NOTICE NOT RECEIVED.—Not12 withstanding any other provision of law, if 

13 an applicant provides good cause for not 

14 contesting a provisional denial under this 

15 paragraph, including a failure to receive 

16 notice as required under this subparagraph, 

17 the Secretary of Homeland Security shall, 

18 upon a motion filed by the alien, reopen an 

19 application for adjustment of status under 

20 this Act and allow the applicant an oppor21 tunity to respond, consistent with clause 

22 (i)(II). 

23 (G) JUDICIAL REVIEW.—An alien is entitled 

24 to judicial review of the Secretary’s decision to 

25 provisionally deny an application under this 


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1 paragraph in accordance with the procedures de2 scribed in section 206(c). 

3 (4) DEFINITIONS.—For purposes of this sub4 section— 

5 (A) the term ‘‘felony offense’’ means an of6 fense under Federal or State law that is punish7 able by a maximum term of imprisonment of 

8 more than 1 year; 

9 (B) the term ‘‘misdemeanor offense’’ means 

10 an offense under Federal or State law that is 

11 punishable by a term of imprisonment of more 

12 than 5 days but not more than 1 year; 

13 (C) the term ‘‘crime of domestic violence’’ 

14 means any offense that has as an element the 

15 use, attempted use, or threatened use of physical 

16 force against a person committed by a current or 

17 former spouse of the person, by an individual 

18 with whom the person shares a child in common, 

19 by an individual who is cohabiting with or has 

20 cohabited with the person as a spouse, by an in21 dividual similarly situated to a spouse of the 

22 person under the domestic or family violence 

23 laws of the jurisdiction where the offense occurs, 

24 or by any other individual against a person who 

25 is protected from that individual’s acts under the 


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1 domestic or family violence laws of the United 

2 States or any State, Indian tribal government, 

3 or unit of local government; and 

4 (D) the term ‘‘convicted’’ or ‘‘conviction’’ 

5 does not include a judgment that has been ex6 punged or set aside, that resulted in a rehabilita7 tive disposition, or the equivalent. 

8 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN MI9 NORS.—An alien who is under 18 years of age and meets 

10 the requirements under subparagraphs (A), (B), and (C) 

11 of subsection (b)(1) shall be provided a reasonable oppor12 tunity to meet the educational requirements under subpara13 graph (D) of such subsection. The Attorney General or the 

14 Secretary may not commence or continue with removal pro15 ceedings against such an alien. 

16 (e) WITHDRAWAL OF APPLICATION.—The Secretary of 

17 Homeland Security shall, upon receipt of a request to with18 draw an application for adjustment of status under this 

19 section, cease processing of the application, and close the 

20 case. Withdrawal of the application under this subsection 

21 shall not prejudice any future application filed by the ap22 plicant for any immigration benefit under this Act or under 

23 the Immigration and Nationality Act (8 U.S.C. 1101 et 

24 seq.). 


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1 SEC. 102. TERMS OF PERMANENT RESIDENT STATUS ON A 

2 CONDITIONAL BASIS. 

3 (a) PERIOD OF STATUS.—Permanent resident status 

4 on a conditional basis is— 

5 (1) valid for a period of 10 years, unless such pe6 riod is extended by the Secretary; and 

7 (2) subject to revocation under subsection (c). 

8 (b) NOTICE OF REQUIREMENTS.—At the time an alien 

9 obtains permanent resident status on a conditional basis, 

10 the Secretary shall provide notice to the alien regarding the 

11 provisions of this Act and the requirements to have the con12 ditional basis of such status removed. 

13 (c) REVOCATION OF STATUS.—The Secretary may re14 voke the permanent resident status on a conditional basis 

15 of an alien only if the Secretary— 

16 (1) determines that the alien ceases to meet the 

17 requirements under section 101(b)(1)(C); and 

18 (2) prior to the revocation, provides the alien— 

19 (A) notice of the proposed revocation; and 

20 (B) the opportunity for a hearing to pro21 vide evidence that the alien meets such require22 ments or otherwise to contest the proposed rev23 ocation. 

24 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

25 An alien whose permanent resident status on a conditional 

26 basis expires under subsection (a)(1) or is revoked under 


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1 subsection (c), shall return to the immigration status that 

2 the alien had immediately before receiving permanent resi3 dent status on a conditional basis. 

4 SEC. 103. REMOVAL OF CONDITIONAL BASIS OF PERMA5 NENT RESIDENT STATUS. 

6 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

7 BASIS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), the 

9 Secretary shall remove the conditional basis of an 

10 alien’s permanent resident status granted under this 

11 Act and grant the alien status as an alien lawfully 

12 admitted for permanent residence if the alien— 

13 (A) is described in section 101(b)(1)(C); 

14 (B) has not abandoned the alien’s residence 

15 in the United States during the period in which 

16 the alien has permanent resident status on a 

17 conditional basis; and 

18 (C)(i) has obtained a degree from an insti19 tution of higher education, or has completed at 

20 least 2 years, in good standing, of a program in 

21 the United States leading to a bachelor’s degree 

22 or higher degree or a recognized postsecondary 

23 credential from an area career and technical 

24 education school providing education at the post25 secondary level; 


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1 (ii) has served in the Uniformed Services 

2 for at least 2 years and, if discharged, received 

3 an honorable discharge; or 

4 (iii) demonstrates earned income for periods 

5 totaling at least 3 years and at least 75 percent 

6 of the time that the alien has had a valid em7 ployment authorization, except that, in the case 

8 of an alien who was enrolled in an institution 

9 of higher education, an area career and technical 

10 education school to obtain a recognized postsec11 ondary credential, or an education program de12 scribed in section 101(b)(1)(D)(iii), the Sec13 retary shall reduce such total 3-year requirement 

14 by the total of such periods of enrollment. 

15 (2) HARDSHIP EXCEPTION.—The Secretary shall 

16 remove the conditional basis of an alien’s permanent 

17 resident status and grant the alien status as an alien 

18 lawfully admitted for permanent residence if the 

19 alien— 

20 (A) satisfies the requirements under sub21 paragraphs (A) and (B) of paragraph (1); 

22 (B) demonstrates compelling circumstances 

23 for the inability to satisfy the requirements 

24 under subparagraph (C) of such paragraph; and 

25 (C) demonstrates that— 


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1 (i) the alien has a disability; 

2 (ii) the alien is a full-time caregiver; 

3 or 

4 (iii) the removal of the alien from the 

5 United States would result in hardship to 

6 the alien or the alien’s spouse, parent, or 

7 child who is a national of the United States 

8 or is lawfully admitted for permanent resi9 dence. 

10 (3) CITIZENSHIP REQUIREMENT.— 

11 (A) IN GENERAL.—Except as provided in 

12 subparagraph (B), the conditional basis of an 

13 alien’s permanent resident status granted under 

14 this Act may not be removed unless the alien 

15 demonstrates that the alien satisfies the require16 ments under section 312(a) of the Immigration 

17 and Nationality Act (8 U.S.C. 1423(a)). 

18 (B) EXCEPTION.—Subparagraph (A) shall 

19 not apply to an alien who is unable to meet the 

20 requirements under such section 312(a) due to 

21 disability. 

22 (4) APPLICATION FEE.—The Secretary may, sub23 ject to an exemption under section 203(c), require 

24 aliens applying for removal of the conditional basis 

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1 tion to pay a reasonable fee that is commensurate 

2 with the cost of processing the application. 

3 (5) BACKGROUND CHECK.—The Secretary may 

4 not remove the conditional basis of an alien’s perma5 nent resident status until the requirements of section 

6 202 are satisfied. 

7 (b) TREATMENT FOR PURPOSES OF NATURALIZA8 TION.— 

9 (1) IN GENERAL.—For purposes of title III of the 

10 Immigration and Nationality Act (8 U.S.C. 1401 et 

11 seq.), an alien granted permanent resident status on 

12 a conditional basis shall be considered to have been 

13 admitted to the United States, and be present in the 

14 United States, as an alien lawfully admitted for per15 manent residence. 

16 (2) LIMITATION ON APPLICATION FOR NATU17 RALIZATION.—An alien may not apply for natu18 ralization while the alien is in permanent resident 

19 status on a conditional basis. 

20 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

21 RESIDENT STATUS.— 

22 (1) IN GENERAL.—An alien granted permanent 

23 resident status on a conditional basis under this Act 

24 may apply to have such conditional basis removed at 


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1 any time after such alien has met the eligibility re2 quirements set forth in subsection (a). 

3 (2) APPROVAL WITH REGARD TO INITIAL APPLI4 CATIONS.— 

5 (A) IN GENERAL.—Notwithstanding any 

6 other provision of law, the Secretary or the At7 torney General shall cancel the removal of, and 

8 adjust to the status of an alien lawfully admitted 

9 for permanent resident status without condi10 tional basis, any alien who— 

11 (i) demonstrates eligibility for lawful 

12 permanent residence status on a conditional 

13 basis under section 101(b); and 

14 (ii) subject to the exceptions described 

15 in subsections (a)(2) and (a)(3)(B) of this 

16 section, already has fulfilled the require17 ments of paragraphs (1) and (3) of sub18 section (a) of this section at the time such 

19 alien first submits an application for bene20 fits under this Act. 

21 (B) BACKGROUND CHECKS.—Subsection 

22 (a)(5) shall apply to an alien seeking lawful per23 manent resident status without conditional basis 

24 in an initial application in the same manner as 

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1 ditional basis of an alien’s permanent resident 

2 status. Section 101(b)(3) shall not be construed 

3 to require the Secretary to conduct more than 

4 one identical security or law enforcement back5 ground check on such an alien. 

6 (C) APPLICATION FEES.—In the case of an 

7 alien seeking lawful permanent resident status 

8 without conditional basis in an initial applica9 tion, the alien shall pay the fee required under 

10 subsection (a)(4), subject to the exemption al11 lowed under section 203(c), but shall not be re12 quired to pay the application fee under section 

13 101(b)(2). 

14 TITLE II—GENERAL PROVISIONS 

15 SEC. 201. DEFINITIONS. 

16 In this Act: 

17 (1) IN GENERAL.—Except as otherwise specifi18 cally provided, any term used in this Act that is used 

19 in the immigration laws shall have the meaning given 

20 such term in the immigration laws. 

21 (2) APPROPRIATE UNITED STATES DISTRICT

22 COURT.—The term ‘‘appropriate United States dis23 trict court’’ mean the United States District Court for 

24 the District of Columbia or the United States district 


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1 court with jurisdiction over the alien’s principal 

2 place of residence. 

3 (3) AREA CAREER AND TECHNICAL EDUCATION

4 SCHOOL.—The term ‘‘area career and technical edu5 cation school’’ has the meaning given such term in 

6 section 3 of the Carl D. Perkins Career and Technical 

7 Education Act of 2006 (20 U.S.C. 2302). 

8 (4) DACA.—The term ‘‘DACA’’ means deferred 

9 action granted to an alien pursuant to the Deferred 

10 Action for Childhood Arrivals policy announced by 

11 the Secretary of Homeland Security on June 15, 

12 2012. 

13 (5) DISABILITY.—The term ‘‘disability’’ has the 

14 meaning given such term in section 3(1) of the Amer15 icans with Disabilities Act of 1990 (42 U.S.C. 

16 12102(1)). 

17 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed18 eral poverty line’’ has the meaning given such term 

19 in section 213A(h) of the Immigration and Nation20 ality Act (8 U.S.C. 1183a). 

21 (7) HIGH SCHOOL; SECONDARY SCHOOL.—The 

22 terms ‘‘high school’’ and ‘‘secondary school’’ have the 

23 meanings given such terms in section 8101 of the Ele24 mentary and Secondary Education Act of 1965 (20 

25 U.S.C. 7801). 


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1 (8) IMMIGRATION LAWS.—The term ‘‘immigra2 tion laws’’ has the meaning given such term in sec3 tion 101(a)(17) of the Immigration and Nationality 

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

5 (9) INSTITUTION OF HIGHER EDUCATION.—The 

6 term ‘‘institution of higher education’’— 

7 (A) except as provided in subparagraph 

8 (B), has the meaning given such term in section 

9 102 of the Higher Education Act of 1965 (20 

10 U.S.C. 1002); and 

11 (B) does not include an institution of high12 er education outside of the United States. 

13 (10) RECOGNIZED POSTSECONDARY CREDEN14 TIAL.—The term ‘‘recognized postsecondary creden15 tial’’ has the meaning given such term in section 3 

16 of the Workforce Innovation and Opportunity Act (29 

17 U.S.C. 3102). 

18 (11) SECRETARY.—Except as otherwise specifi19 cally provided, the term ‘‘Secretary’’ means the Sec20 retary of Homeland Security. 

21 (12) UNIFORMED SERVICES.—The term ‘‘Uni22 formed Services’’ has the meaning given the term 

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

24 United States Code. 


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1 SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

2 DATA; BACKGROUND CHECKS. 

3 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

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

5 of status under this Act, on either a conditional or perma6 nent basis, unless the alien submits biometric and bio7 graphic data, in accordance with procedures established by 

8 the Secretary. The Secretary shall provide an alternative 

9 procedure for aliens who are unable to provide such biomet10 ric or biographic data because of a physical impairment. 

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

12 biometric, biographic, and other data that the Secretary de13 termines appropriate to conduct security and law enforce14 ment background checks and to determine whether there is 

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

16 render the alien ineligible for adjustment of status under 

17 this Act, on either a conditional or permanent basis. The 

18 status of an alien may not be adjusted, on either a condi19 tional or permanent basis, unless security and law enforce20 ment background checks are completed to the satisfaction 

21 of the Secretary. 


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

2 EXEMPTION; WAIVER OF GROUNDS FOR INAD3 MISSIBILITY AND OTHER CONDITIONS ON EL4 IGIBLE INDIVIDUALS. 

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

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

7 given a reasonable opportunity to apply for such relief and 

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

9 decision establishing ineligibility for relief is rendered. 

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

11 States who has been ordered removed or has been permitted 

12 to depart voluntarily from the United States may, notwith13 standing such order or permission to depart, apply for ad14 justment of status under this Act. Such alien shall not be 

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

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

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

18 If the Secretary renders a final administrative decision to 

19 deny the application, the order of removal or permission 

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

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

22 available administrative and judicial remedies have been 

23 exhausted. 

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

25 from paying an application fee required under this Act if 

26 the applicant— 


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

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

3 period immediately preceding the date on which the 

4 applicant files an application under this Act, that is 

5 less than 150 percent of the Federal poverty line; 

6 (3) is in foster care or otherwise lacks any pa7 rental or other familial support; or 

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

9 a serious, chronic disability. 

10 (d) WAIVER OF GROUNDS OF INADMISSIBILITY.—With 

11 respect to any benefit under this Act, and in addition to 

12 the waivers under section 101(c)(2), the Secretary may 

13 waive the grounds of inadmissibility under paragraph (1), 

14 (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1182(a)) for humani16 tarian purposes, for family unity, or because the waiver 

17 is otherwise in the public interest. 

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

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

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

21 Secretary makes a final decision regarding such applica22 tion, the alien shall be eligible to apply for advance parole. 

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

24 U.S.C. 1101(g)) shall not apply to an alien granted ad25 vance parole under this section. 


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

2 pursuant to this Act, who may not be placed in removal 

3 proceedings pursuant to this Act, or who has pending an 

4 application under this Act, shall, upon application to the 

5 Secretary, be granted an employment authorization docu6 ment. 

7 SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE 

8 AND RESIDENCE. 

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

10 continuous physical presence or continuous residence in the 

11 United States of an alien who applies for permanent resi12 dent status under this Act (whether on a conditional basis 

13 or without the conditional basis as provided in section 

14 103(c)(2)) shall not terminate when the alien is served a 

15 notice to appear under section 239(a) of the Immigration 

16 and Nationality Act (8 U.S.C. 1229(a)). 

17 (b) TREATMENT OF CERTAIN BREAKS IN PRESENCE

18 OR RESIDENCE.— 

19 (1) IN GENERAL.—Except as provided in para20 graphs (2) and (3), an alien shall be considered to 

21 have failed to maintain— 

22 (A) continuous physical presence in the 

23 United States under this Act if the alien has de24 parted from the United States for any period exVerDate Sep 11 2014 21:50 May 30, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H2820.RH H2820

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1 ceeding 90 days or for any periods, in the aggre2 gate, exceeding 180 days; and 

3 (B) continuous residence in the United 

4 States under this Act if the alien has departed 

5 from the United States for any period exceeding 

6 180 days, unless the alien establishes to the satis7 faction of the Secretary of Homeland Security 

8 that the alien did not in fact abandon residence 

9 in the United States during such period. 

10 (2) EXTENSIONS FOR EXTENUATING CIR11 CUMSTANCES.—The Secretary may extend the time 

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

13 demonstrates that the failure to timely return to the 

14 United States was due to extenuating circumstances 

15 beyond the alien’s control, including the serious ill16 ness of the alien, or death or serious illness of a par17 ent, grandparent, sibling, or child of the alien. 

18 (3) TRAVEL AUTHORIZED BY THE SECRETARY.— 

19 Any period of travel outside of the United States by 

20 an alien that was authorized by the Secretary may 

21 not be counted toward any period of departure from 

22 the United States under paragraph (1). 

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

24 aliens who were removed or departed the United States on 

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


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

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

3 a matter of discretion, waive the physical presence require4 ment under section 101(b)(1)(A) for humanitarian pur5 poses, for family unity, or because a waiver is otherwise 

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

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

8 aliens to apply for relief under section 101 from outside 

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

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

11 SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 

12 Nothing in this Act or in any other law may be con13 strued to apply a numerical limitation on the number of 

14 aliens who may be granted permanent resident status under 

15 this Act (whether on a conditional basis, or without the con16 ditional basis as provided in section 103(c)(2)). 

17 SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL 

18 REVIEW. 

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

20 days after the date of the enactment of this Act, the Sec21 retary shall provide to aliens who have applied for adjust22 ment of status under this Act a process by which an appli23 cant may seek administrative appellate review of a denial 

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

25 of such status. 


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1 (b) JUDICIAL REVIEW.—Except as provided in sub2 section (c), and notwithstanding any other provision of law, 

3 an alien may seek judicial review of a denial of an applica4 tion for adjustment of status, or a revocation of such status, 

5 under this Act in an appropriate United States district 

6 court. 

7 (c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, if, after notice and the opportunity 

10 to respond under section 101(c)(3)(E), the Secretary 

11 provisionally denies an application for adjustment of 

12 status under this Act, the alien shall have 60 days 

13 from the date of the Secretary’s determination to seek 

14 review of such determination in an appropriate 

15 United States district court. 

16 (2) SCOPE OF REVIEW AND DECISION.—Notwith17 standing any other provision of law, review under 

18 paragraph (1) shall be de novo and based solely on 

19 the administrative record, except that the applicant 

20 shall be given the opportunity to supplement the ad21 ministrative record and the Secretary shall be given 

22 the opportunity to rebut the evidence and arguments 

23 raised in such submission. Upon issuing its decision, 

24 the court shall remand the matter, with appropriate 


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1 instructions, to the Department of Homeland Security 

2 to render a final decision on the application. 

3 (3) APPOINTED COUNSEL.—Notwithstanding any 

4 other provision of law, an applicant seeking judicial 

5 review under paragraph (1) shall be represented by 

6 counsel. Upon the request of the applicant, counsel 

7 shall be appointed for the applicant, in accordance 

8 with procedures to be established by the Attorney Gen9 eral within 90 days of the date of the enactment of 

10 this Act, and shall be funded in accordance with fees 

11 collected and deposited in the Immigration Counsel 

12 Account under section 212. 

13 (d) STAY OF REMOVAL.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), an alien seeking administrative or judicial 

16 review under this Act may not be removed from the 

17 United States until a final decision is rendered estab18 lishing that the alien is ineligible for adjustment of 

19 status under this Act. 

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

21 alien described in paragraph (1) pending judicial re22 view if such removal is based on criminal or national 

23 security grounds described in this Act. Such removal 

24 shall not affect the alien’s right to judicial review 

25 under this Act. The Secretary shall promptly return 


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1 a removed alien if a decision to deny an application 

2 for adjustment of status under this Act, or to revoke 

3 such status, is reversed. 

4 SEC. 207. DOCUMENTATION REQUIREMENTS. 

5 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

6 alien’s application for permanent resident status under this 

7 Act (whether on a conditional basis, or without the condi8 tional basis as provided in section 103(c)(2)) may include, 

9 as evidence of identity, the following: 

10 (1) A passport or national identity document 

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

12 alien’s name and the alien’s photograph or finger13 print. 

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

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

16 (3) A school identification card that includes the 

17 alien’s name and photograph, and school records 

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

19 enrolled at the school. 

20 (4) A Uniformed Services identification card 

21 issued by the Department of Defense. 

22 (5) Any immigration or other document issued 

23 by the United States Government bearing the alien’s 

24 name and photograph. 


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

2 alien’s name and photograph. 

3 (7) Any other evidence determined to be credible 

4 by the Secretary. 

5 (b) DOCUMENTS ESTABLISHING ENTRY, CONTINUOUS

6 PHYSICAL PRESENCE, LACK OF ABANDONMENT OF RESI7 DENCE.—To establish that an alien was younger than 18 

8 years of age on the date on which the alien entered the 

9 United States, and has continuously resided in the United 

10 States since such entry, as required under section 

11 101(b)(1)(B), that an alien has been continuously phys12 ically present in the United States, as required under sec13 tion 101(b)(1)(A), or that an alien has not abandoned resi14 dence in the United States, as required under section 

15 103(a)(1)(B), the alien may submit the following forms of 

16 evidence: 

17 (1) Passport entries, including admission stamps 

18 on the alien’s passport. 

19 (2) Any document from the Department of Jus20 tice or the Department of Homeland Security noting 

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

22 (3) Records from any educational institution the 

23 alien has attended in the United States. 


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1 (4) Employment records of the alien that include 

2 the employer’s name and contact information, or 

3 other records demonstrating earned income. 

4 (5) Records of service from the Uniformed Serv5 ices. 

6 (6) Official records from a religious entity con7 firming the alien’s participation in a religious cere8 mony. 

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

10 in the United States. 

11 (8) Hospital or medical records showing medical 

12 treatment or hospitalization, the name of the medical 

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

14 hospitalization. 

15 (9) Automobile license receipts or registration. 

16 (10) Deeds, mortgages, or rental agreement con17 tracts. 

18 (11) Rent receipts or utility bills bearing the 

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

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

21 (12) Tax receipts. 

22 (13) Insurance policies. 

23 (14) Remittance records, including copies of 

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

25 (15) Travel records. 


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1 (16) Dated bank transactions. 

2 (17) Two or more sworn affidavits from individ3 uals who are not related to the alien who have direct 

4 knowledge of the alien’s continuous physical presence 

5 in the United States, that contain— 

6 (A) the name, address, and telephone num7 ber of the affiant; and 

8 (B) the nature and duration of the relation9 ship between the affiant and the alien. 

10 (18) Any other evidence determined to be credible 

11 by the Secretary. 

12 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN IN13 STITUTION OF HIGHER EDUCATION.—To establish that an 

14 alien has been admitted to an institution of higher edu15 cation, the alien may submit to the Secretary a document 

16 from the institution of higher education certifying that the 

17 alien— 

18 (1) has been admitted to the institution; or 

19 (2) is currently enrolled in the institution as a 

20 student. 

21 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE22 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

23 To establish that an alien has acquired a degree from an 

24 institution of higher education in the United States, the 

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1 ment from the institution stating that the alien has received 

2 such a degree. 

3 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

4 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOPMENT

5 CREDENTIAL, OR A RECOGNIZED EQUIVALENT.—To estab6 lish that in the United States an alien has earned a high 

7 school diploma or a commensurate alternative award from 

8 a public or private high school, has obtained the General 

9 Education Development credential, or otherwise has satis10 fied section 101(b)(1)(D)(iii), the alien may submit to the 

11 Secretary the following: 

12 (1) A high school diploma, certificate of comple13 tion, or other alternate award. 

14 (2) A high school equivalency diploma or certifi15 cate recognized under State law. 

16 (3) Evidence that the alien passed a State-au17 thorized exam, including the General Education De18 velopment test, in the United States. 

19 (4) Evidence that the alien successfully completed 

20 an area career and technical education program, such 

21 as a certification, certificate, or similar alternate 

22 award. 

23 (5) Evidence that the alien obtained a recognized 

24 postsecondary credential. 


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1 (6) Any other evidence determined to be credible 

2 by the Secretary. 

3 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

4 EDUCATIONAL PROGRAM.—To establish that an alien is en5 rolled in any school or education program described in sec6 tion 101(b)(1)(D)(iv) or 103(a)(1)(C), the alien may submit 

7 school records from the United States school that the alien 

8 is currently attending that include— 

9 (1) the name of the school; and 

10 (2) the alien’s name, periods of attendance, and 

11 current grade or educational level. 

12 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

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

15 submit to the Secretary the following relevant documents: 

16 (1) DOCUMENTS TO ESTABLISH AGE.—To estab17 lish that an alien meets an age requirement, the alien 

18 may provide proof of identity, as described in sub19 section (a), that establishes that the alien is younger 

20 than 18 years of age. 

21 (2) DOCUMENTS TO ESTABLISH INCOME.—To es22 tablish the alien’s income, the alien may provide— 

23 (A) employment records or other records of 

24 earned income, including records that have been 

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1 tion, the Internal Revenue Service, or any other 

2 Federal, State, or local government agency; 

3 (B) bank records; or 

4 (C) at least 2 sworn affidavits from individ5 uals who are not related to the alien and who 

6 have direct knowledge of the alien’s work and in7 come 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 alien. 

12 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

13 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

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

15 care, lacks parental or familial support, or has a seri16 ous, chronic disability, the alien may provide at least 

17 2 sworn affidavits from individuals who are not re18 lated to the alien and who have direct knowledge of 

19 the circumstances that contain— 

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

21 care, otherwise lacks any parental or other fa22 miliar support, or has a serious, chronic dis23 ability, as appropriate; 

24 (B) the name, address, and telephone num25 ber of the affiant; and 


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1 (C) the nature and duration of the relation2 ship between the affiant and the alien. 

3 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

4 HARDSHIP EXEMPTION.—To establish that an alien satis5 fies one of the criteria for the hardship exemption set forth 

6 in section 103(a)(2)(C), the alien may submit to the Sec7 retary at least 2 sworn affidavits from individuals who are 

8 not related to the alien and who have direct knowledge of 

9 the circumstances that warrant the exemption, that con10 tain— 

11 (1) the name, address, and telephone number of 

12 the affiant; and 

13 (2) the nature and duration of the relationship 

14 between the affiant and the alien. 

15 (i) DOCUMENTS ESTABLISHING SERVICE IN THE UNI16 FORMED SERVICES.—To establish that an alien has served 

17 in the Uniformed Services for at least 2 years and, if dis18 charged, received an honorable discharge, the alien may 

19 submit to the Secretary— 

20 (1) a Department of Defense form DD–214; 

21 (2) a National Guard Report of Separation and 

22 Record of Service form 22; 

23 (3) personnel records for such service from the 

24 appropriate Uniformed Service; or 


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1 (4) health records from the appropriate Uni2 formed Service. 

3 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

4 (1) IN GENERAL.—An alien may satisfy the 

5 earned income requirement under section 

6 103(a)(1)(C)(iii) by submitting records that— 

7 (A) establish compliance with such require8 ment; and 

9 (B) have been maintained by the Social Se10 curity Administration, the Internal Revenue 

11 Service, or any other Federal, State, or local gov12 ernment agency. 

13 (2) OTHER DOCUMENTS.—An alien who is un14 able to submit the records described in paragraph (1) 

15 may satisfy the earned income requirement by sub16 mitting at least 2 types of reliable documents that 

17 provide evidence of employment or other forms of 

18 earned income, including— 

19 (A) bank records; 

20 (B) business records; 

21 (C) employer or contractor records; 

22 (D) records of a labor union, day labor cen23 ter, or organization that assists workers in em24 ployment; 


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1 (E) sworn affidavits from individuals who 

2 are not related to the alien and who have direct 

3 knowledge of the alien’s work, that contain— 

4 (i) the name, address, and telephone 

5 number of the affiant; and 

6 (ii) the nature and duration of the re7 lationship between the affiant and the alien; 

8 (F) remittance records; or 

9 (G) any other evidence determined to be 

10 credible by the Secretary. 

11 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCU12 MENTS.—If the Secretary determines, after publication in 

13 the Federal Register and an opportunity for public com14 ment, that any document or class of documents does not 

15 reliably establish identity or that permanent resident status 

16 under this Act (whether on a conditional basis, or without 

17 the conditional basis as provided in section 103(c)(2)) is 

18 being obtained fraudulently to an unacceptable degree, the 

19 Secretary may prohibit or restrict the use of such document 

20 or class of documents. 

21 SEC. 208. RULE MAKING. 

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

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

24 in the Federal Register interim final rules implementing 

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1 diately apply for relief under section 101 or 103(c)(2). Not2 withstanding section 553 of title 5, United States Code, the 

3 regulation shall be effective, on an interim basis, imme4 diately upon publication, but may be subject to change and 

5 revision after public notice and opportunity for a period 

6 of public comment. The Secretary shall finalize such rules 

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

8 (b) PAPERWORK REDUCTION ACT.—The requirements 

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

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

11 to any action to implement this Act. 

12 SEC. 209. CONFIDENTIALITY OF INFORMATION. 

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

14 use information (including information provided during 

15 administrative or judicial review) provided in applications 

16 filed under this Act or in requests for DACA for the purpose 

17 of immigration enforcement. 

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

19 solely on information provided in an application for adjust20 ment of status under this Act (including information pro21 vided during administrative or judicial review) or an ap22 plication for DACA, may not refer an applicant to U.S. 

23 Immigration and Customs Enforcement, U.S. Customs and 

24 Border Protection, or any designee of either such entity. 


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1 (c) LIMITED EXCEPTION.—Notwithstanding sub2 sections (a) and (b), information provided in an applica3 tion for adjustment of status under this Act may be shared 

4 with Federal security and law enforcement agencies— 

5 (1) for assistance in the consideration of an ap6 plication for adjustment of status under this Act; 

7 (2) to identify or prevent fraudulent claims; 

8 (3) for national security purposes; or 

9 (4) for the investigation or prosecution of any 

10 felony offense not related to immigration status. 

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. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI15 CANTS. 

16 (a) ESTABLISHMENT.—The Secretary of Homeland 

17 Security shall establish, within U.S. Citizenship and Immi18 gration Services, a program to award grants, on a competi19 tive basis, to eligible nonprofit organizations that will use 

20 the funding to assist eligible applicants under this Act by 

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

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

23 section shall be used for the design and implementation of 

24 programs that provide— 


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1 (1) information to the public regarding the eligi2 bility and benefits of permanent resident status under 

3 this Act (whether on a conditional basis, or without 

4 the conditional basis as provided in section 

5 103(c)(2)), particularly to individuals potentially eli6 gible for such status; 

7 (2) assistance, within the scope of authorized 

8 practice of immigration law, to individuals submit9 ting applications for adjustment of status under this 

10 Act (whether on a conditional basis, or without the 

11 conditional basis as provided in section 103(c)(2)), 

12 including— 

13 (A) screening prospective applicants to as14 sess their eligibility for such status; 

15 (B) completing applications and petitions, 

16 including providing assistance in obtaining the 

17 requisite documents and supporting evidence; 

18 and 

19 (C) providing any other assistance that the 

20 Secretary or grantee considers useful or nec21 essary to apply for adjustment of status under 

22 this Act (whether on a conditional basis, or with23 out the conditional basis as provided in section 

24 103(c)(2)); and 


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1 (3) assistance, within the scope of authorized 

2 practice of immigration law, and instruction, to indi3 viduals— 

4 (A) on the rights and responsibilities of 

5 United States citizenship; 

6 (B) in civics and English as a second lan7 guage; 

8 (C) in preparation for the General Edu9 cation Development test; and 

10 (D) in applying for adjustment of status 

11 and United States citizenship. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) AMOUNTS AUTHORIZED.—There are author14 ized to be appropriated such sums as may be nec15 essary for each of the fiscal years 2020 through 2030 

16 to carry out this section. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 pursuant to paragraph (1) shall remain available 

19 until expended. 

20 SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR AD21 JUSTMENT OF STATUS. 

22 An alien’s eligibility to be lawfully admitted for per23 manent residence under this Act (whether on a conditional 

24 basis, or without the conditional basis as provided in sec25 tion 103(c)(2)) shall not preclude the alien from seeking any 


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1 status under any other provision of law for which the alien 

2 may otherwise be eligible. 

3 SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

4 COUNSEL. 

5 (a) IN GENERAL.—Except as provided in section 202 

6 and in cases where the applicant is exempt from paying 

7 a fee under section 203(c), in any case in which a fee is 

8 charged pursuant to this Act, an additional surcharge of 

9 $25 shall be imposed and collected for the purpose of pro10 viding appointed counsel to applicants seeking judicial re11 view of the Secretary’s decision to provisionally deny an 

12 application under section 206(c)(3). 

13 (b) IMMIGRATION COUNSEL ACCOUNT.—There is estab14 lished in the general fund of the Treasury a separate ac15 count which shall be known as the ‘‘Immigration Counsel 

16 Account’’. Fees collected under subsection (a) shall be depos17 ited into the Immigration Counsel Account and shall to re18 main available until expended for purposes of providing 

19 appointed counsel as required under this Act. 

20 (c) REPORT.—At the end of each 2-year period, begin21 ning with the establishment of this account, the Secretary 

22 of Homeland Security shall submit a report to the Congress 

23 concerning the status of the account, including any balances 

24 therein, and recommend any adjustment in the prescribed 

25 fee that may be required to ensure that the receipts collected 


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1 from the fee charged for the succeeding two years equal, as 

2 closely as possible, the cost of providing appointed counsel 

3 as required under this Act. 

4 SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AU5 THORITY. 

6 Not later than 1 year after the date of the enactment 

7 of this Act, and annually thereafter, the Secretary of Home8 land Security shall submit to the Congress a report detail9 ing the number of applicants that receive— 

10 (1) a provisional denial under this Act; 

11 (2) a final denial under this Act without seeking 

12 judicial review; 

13 (3) a final denial under this Act after seeking ju14 dicial review; and 

15 (4) an approval under this Act after seeking ju16 dicial review. 


pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 73 

116TH CONGRESS 

1ST SESSION H. R. 2820 

[Report No. 116–98] 

A BILL 

To authorize the cancellation of removal and adposes. the United States as children, and for other pur- long-term United States residents and entered justment of status of certain individuals who are 

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, 


pamtmann on DSKBFK8HB2PROD with BILLS