I 

111TH CONGRESS 

2D SESSION H. R. 6327 

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

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

United States as children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

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

on the Judiciary, and in addition to the Committee on Education and 

Labor, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the cancellation of removal and adjustment 

of status of certain aliens who are long-term United 

States residents and who entered the United States as 

children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Citizenship and Service 

5 Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) INSTITUTION OF HIGHER EDUCATION.—The 

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

3 meaning given that term in section 101 of the High4 er Education Act of 1965 (20 U.S.C. 1001). 

5 (2) UNIFORMED SERVICES.—The term ‘‘uni6 formed services’’ has the meaning given that term in 

7 section 101(a) of title 10, United States Code. 

8 SEC. 3. CANCELLATION OF REMOVAL AND ADJUSTMENT OF 

9 STATUS OF CERTAIN LONG-TERM RESIDENTS 

10 WHO ENTERED THE UNITED STATES AS CHIL11 DREN. 

12 (a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI13 DENTS WHO ENTERED THE UNITED STATES AS CHIL14 DREN.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law and except as otherwise provided in 

17 this Act, the Secretary of Homeland Security may 

18 cancel removal of, and adjust to the status of an 

19 alien lawfully admitted for permanent residence, 

20 subject to the conditional basis described in section 

21 4, an alien who is inadmissible or deportable from 

22 the United States, if the alien demonstrates that— 

23 (A) the alien has been physically present in 

24 the United States for a continuous period of 

25 not less than 5 years immediately preceding the 


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1 date of enactment of this Act, and had not yet 

2 reached the age of 16 years at the time of ini3 tial entry; 

4 (B) the alien has been a person of good 

5 moral character since the time of application; 

6 (C) the alien— 

7 (i) is not inadmissible under para8 graph (2), (3), or (6)(E) of section 212(a) 

9 of the Immigration and Nationality Act (8 

10 U.S.C. 1182(a)); and 

11 (ii) is not deportable under paragraph 

12 (1)(E), (2), or (4) of section 237(a) of the 

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

14 1227(a)); and 

15 (D) the alien, at the time of application, 

16 has been admitted to an institution of higher 

17 education in the United States, or has earned 

18 a high school diploma or obtained a general 

19 education development certificate in the United 

20 States. 

21 (2) WAIVER.—Notwithstanding paragraph (1), 

22 the Secretary of Homeland Security may waive the 

23 grounds of ineligibility under section 212(a)(2) of 

24 the Immigration and Nationality Act, and the 

25 grounds of deportability under paragraphs (1)(E) 


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1 and (2) of section 237(a) of such Act, if the Sec2 retary determines that the alien’s removal would re3 sult in extreme hardship to the alien, the alien’s 

4 child, or (in the case of an alien who is a child) to 

5 the alien’s parent. 

6 (3) PROCEDURES.—The Secretary of Homeland 

7 Security shall provide a procedure by regulation al8 lowing eligible individuals to apply affirmatively for 

9 the relief available under this subsection without 

10 being placed in removal proceedings. 

11 (b) TERMINATION OF CONTINUOUS PERIOD.—For 

12 purposes of this section, any period of continuous resi13 dence or continuous physical presence in the United States 

14 of an alien who applies for cancellation of removal under 

15 this section shall not terminate when the alien is served 

16 a notice to appear under section 239(a) of the Immigra17 tion and Nationality Act (8 U.S.C. 1229(a)). 

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

20 (1) IN GENERAL.—An alien shall not be consid21 ered to have failed to maintain continuous physical 

22 presence in the United States for purposes of sub23 section (a)(1)(A) by virtue of brief, casual, and inno24 cent absences from the United States. 


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1 (2) WAIVER.—The Secretary of Homeland Se2 curity may waive breaks in presence beyond brief, 

3 casual, or innocent absences for humanitarian pur4 poses, family unity, or when it is otherwise in the 

5 public interest. 

6 (d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 

7 Nothing in this section may be construed to apply a nu8 merical limitation on the number of aliens who may be 

9 eligible for cancellation of removal or adjustment of status 

10 under this section. 

11 (e) REGULATIONS.— 

12 (1) PROPOSED REGULATIONS.—Not later than 

13 180 days after the date of the enactment of this Act, 

14 the Secretary of Homeland Security shall publish 

15 proposed regulations implementing this section. 

16 Such regulations shall be effective immediately on an 

17 interim basis, but are subject to change and revision 

18 after public notice and opportunity for a period for 

19 public comment. 

20 (2) INTERIM, FINAL REGULATIONS.—Not later 

21 than 90 days after publication of the interim regula22 tions in accordance with paragraph (1), the Sec23 retary of Homeland Security shall publish final regu24 lations implementing this section. 


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1 (f) REMOVAL OF ALIEN.—The Secretary of Home2 land Security may not remove any alien who has a pending 

3 application for conditional status under this Act. 

4 SEC. 4. CONDITIONAL PERMANENT RESIDENT STATUS. 

5 (a) IN GENERAL.— 

6 (1) CONDITIONAL BASIS FOR STATUS.—Not7 withstanding any other provision of law, and except 

8 as provided in section 5, an alien whose status has 

9 been adjusted under section 3 to that of an alien 

10 lawfully admitted for permanent residence shall be 

11 considered to have obtained such status on a condi12 tional basis subject to the provisions of this section. 

13 Such conditional permanent resident status shall be 

14 valid for a period of 6 years, subject to termination 

15 under subsection (b). 

16 (2) NOTICE OF REQUIREMENTS.— 

17 (A) AT TIME OF OBTAINING PERMANENT

18 RESIDENCE.—At the time an alien obtains per19 manent resident status on a conditional basis 

20 under paragraph (1), the Secretary of Home21 land Security shall provide for notice to the 

22 alien regarding the provisions of this section 

23 and the requirements of subsection (c) to have 

24 the conditional basis of such status removed. 


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1 (B) EFFECT OF FAILURE TO PROVIDE NO2 TICE.—The failure of the Secretary of Home3 land Security to provide a notice under this 

4 paragraph— 

5 (i) shall not affect the enforcement of 

6 the provisions of this Act with respect to 

7 the alien; and 

8 (ii) shall not give rise to any private 

9 right of action by the alien. 

10 (3) ELIGIBILITY FOR MILITARY SERVICE.—For 

11 purposes of section 504(b)(1), an alien whose status 

12 has been adjusted under section 3 shall be treated 

13 as an alien who is lawfully admitted for permanent 

14 residence, as defined in section 101(a)(20) of the 

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

16 1101(a)(20)). 

17 (b) TERMINATION OF STATUS.— 

18 (1) IN GENERAL.—The Secretary of Homeland 

19 Security shall terminate the conditional permanent 

20 resident status of any alien who obtained such sta21 tus under this Act, if the Secretary determines that 

22 the alien— 

23 (A) ceases to meet the requirements of 

24 subparagraph (B) or (C) of section 3(a)(1); 

25 (B) has become a public charge; or 


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1 (C) has received a dishonorable or other 

2 than honorable discharge from the uniformed 

3 services. 

4 (2) RETURN TO PREVIOUS IMMIGRATION STA5 TUS.—Any alien whose conditional permanent resi6 dent status is terminated under paragraph (1) shall 

7 return to the immigration status the alien had im8 mediately prior to receiving conditional permanent 

9 resident status under this Act. 

10 (c) REQUIREMENTS OF TIMELY PETITION FOR RE11 MOVAL OF CONDITION.— 

12 (1) IN GENERAL.—In order for the conditional 

13 basis of permanent resident status obtained by an 

14 alien under subsection (a) to be removed, the alien 

15 must file with the Secretary of Homeland Security, 

16 in accordance with paragraph (3), a petition which 

17 requests the removal of such conditional basis and 

18 which provides, under penalty of perjury, the facts 

19 and information so that the Secretary may make the 

20 determination described in paragraph (2)(A). 

21 (2) ADJUDICATION OF PETITION TO REMOVE

22 CONDITION.— 

23 (A) IN GENERAL.—If a petition is filed in 

24 accordance with paragraph (1) for an alien, the 

25 Secretary of Homeland Security shall make a 


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1 determination as to whether the alien meets the 

2 requirements set out in subparagraphs (A) 

3 through (E) of subsection (d)(1). 

4 (B) REMOVAL OF CONDITIONAL BASIS IF

5 FAVORABLE DETERMINATION.—If the Secretary 

6 determines that the alien meets such require7 ments, the Secretary shall notify the alien of 

8 such determination and immediately remove the 

9 conditional basis of the status of the alien. 

10 (C) TERMINATION IF ADVERSE DETER11 MINATION.—If the Secretary determines that 

12 the alien does not meet such requirements, the 

13 Secretary shall notify the alien of such deter14 mination and terminate the conditional perma15 nent resident status of the alien as of the date 

16 of the determination. 

17 (3) TIME TO FILE PETITION.—An alien may pe18 tition to remove the conditional basis to lawful resi19 dent status during the period beginning 180 days 

20 before and ending 2 years after either the date that 

21 is 6 years after the date of the granting of condi22 tional permanent resident status or any other expi23 ration date of the conditional permanent resident 

24 status as extended by the Secretary of Homeland 

25 Security in accordance with this Act. The alien shall 


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1 be deemed in conditional permanent resident status 

2 in the United States during the period in which the 

3 petition is pending. 

4 (d) DETAILS OF PETITION.— 

5 (1) CONTENTS OF PETITION.—Each petition 

6 for an alien under subsection (c)(1) shall contain in7 formation to permit the Secretary of Homeland Se8 curity to determine whether each of the following re9 quirements is met: 

10 (A) The alien has demonstrated good 

11 moral character during the entire period the 

12 alien has been a conditional permanent resi13 dent. 

14 (B) The alien is in compliance with section 

15 3(a)(1)(C). 

16 (C) The alien has not abandoned the 

17 alien’s residence in the United States. The Sec18 retary shall presume that the alien has aban19 doned such residence if the alien is absent from 

20 the United States for more than 365 days, in 

21 the aggregate, during the period of conditional 

22 residence, unless the alien demonstrates that 

23 alien has not abandoned the alien’s residence. 

24 An alien who is absent from the United States 

25 due to active service in the uniformed services 


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1 shall not be considered to have abandoned the 

2 alien’s residence in the United States during 

3 the period of such service. 

4 (D) The alien has served in the uniformed 

5 services for at least 2 years and, if discharged, 

6 has received an honorable discharge. 

7 (E) The alien has provided a list of all of 

8 the secondary educational institutions that the 

9 alien attended in the United States. 

10 (2) HARDSHIP EXCEPTION.— 

11 (A) IN GENERAL.—The Secretary of 

12 Homeland Security may, in the Secretary’s dis13 cretion, remove the conditional status of an 

14 alien if the alien— 

15 (i) satisfies the requirements of sub16 paragraphs (A), (B), and (C) of paragraph 

17 (1); 

18 (ii) demonstrates compelling cir19 cumstances for the inability to complete 

20 the requirements described in paragraph 

21 (1)(D); and 

22 (iii) demonstrates that the alien’s re23 moval from the United States would result 

24 in exceptional and extremely unusual hard25 ship to the alien or the alien’s spouse, parVerDate Mar 15 2010 03:32 Oct 13, 2010 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H6327.IH H6327

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1 ent, or child who is a citizen or a lawful 

2 permanent resident of the United States. 

3 (B) EXTENSION.—Upon a showing of good 

4 cause, the Secretary of Homeland Security may 

5 extend the period of the conditional resident 

6 status for the purpose of completing the re7 quirements described in paragraph (1)(D). 

8 (e) TREATMENT OF PERIOD FOR PURPOSES OF NAT9 URALIZATION.—Except as otherwise provided under this 

10 Act, an alien who is in the United States as a lawful per11 manent resident on a conditional basis under this section 

12 shall be considered to have been admitted as an alien law13 fully admitted for permanent residence and to be in the 

14 United States as an alien lawfully admitted to the United 

15 States for permanent residence. However, the conditional 

16 basis must be removed before the alien may apply for nat17 uralization. 

18 SEC. 5. APPLICABILITY. 

19 If, on the date of the enactment of this Act, an alien 

20 has satisfied all the requirements of subparagraphs (A) 

21 through (D) of section 3(a)(1) and section 4(d)(1)(D), the 

22 Secretary of Homeland Security may adjust the status of 

23 the alien to that of a conditional resident in accordance 

24 with section 3. The alien may petition for removal of such 

25 condition at the end of the conditional residence period 


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1 in accordance with section 4(c) if the alien has met the 

2 requirements of subparagraphs (A), (B), and (C) of sec3 tion 4(d)(1) during the entire period of conditional resi4 dence. 

5 SEC. 6. EXCLUSIVE JURISDICTION. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall have exclusive jurisdiction to determine eligibility 

8 for relief under this Act, except where the alien has been 

9 placed into deportation, exclusion, or removal proceedings 

10 either prior to or after filing an application for relief under 

11 this Act, in which case the Attorney General shall have 

12 exclusive jurisdiction and shall assume all the powers and 

13 duties of the Secretary until proceedings are terminated, 

14 or if a final order of deportation, exclusion, or removal 

15 is entered the Secretary shall resume all powers and duties 

16 delegated to the Secretary under this Act. 

17 (b) STAY OF REMOVAL OF CERTAIN ALIENS EN18 ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At19 torney General shall stay the removal proceedings of any 

20 alien who— 

21 (1) meets all the requirements of subpara22 graphs (A), (B), (C), and (E) of section 3(a)(1); 

23 (2) is at least 12 years of age; and 

24 (3) is enrolled full time in a primary or sec25 ondary school. 


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

2 pursuant to subsection (b) may be engaged in employment 

3 in the United States, consistent with the Fair Labor 

4 Standards Act of 1938 (29 U.S.C. 201 et seq.), and State 

5 and local laws governing minimum age for employment. 

6 (d) LIFT OF STAY.—The Attorney General shall lift 

7 the stay granted pursuant to subsection (b) if the alien— 

8 (1) is no longer enrolled in a primary or sec9 ondary school; or 

10 (2) ceases to meet the requirements of sub11 section (b)(1). 

12 SEC. 7. CONFIDENTIALITY OF INFORMATION. 

13 (a) PROHIBITION.—No officer or employee of the 

14 United States may— 

15 (1) use the information furnished by the appli16 cant pursuant to an application filed under this Act 

17 to initiate removal proceedings against any persons 

18 identified in the application; 

19 (2) make any publication whereby the informa20 tion furnished by any particular individual pursuant 

21 to an application under this Act can be identified; or 

22 (3) permit anyone other than an officer or em23 ployee of the United States Government or, in the 

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1 ignated entity, that designated entity, to examine 

2 applications filed under this Act. 

3 (b) REQUIRED DISCLOSURE.—The Attorney General 

4 or the Secretary of Homeland Security shall provide the 

5 information furnished under this section, and any other 

6 information derived from such furnished information, to— 

7 (1) a duly recognized law enforcement entity in 

8 connection with an investigation or prosecution of an 

9 offense described in paragraph (2) or (3) of section 

10 212(a) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(a)), when such information is requested 

12 in writing by such entity; or 

13 (2) an official coroner for purposes of affirma14 tively identifying a deceased individual (whether or 

15 not such individual is deceased as a result of a 

16 crime). 

17 (c) PENALTY.—Whoever knowingly uses, publishes, 

18 or permits information to be examined in violation of this 

19 section shall be fined not more than $10,000. 

20 SEC. 8. EXPEDITED PROCESSING OF APPLICATIONS; PRO21 HIBITION ON FEES. 

22 Regulations promulgated under this Act shall provide 

23 that applications under this Act will be considered on an 

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1 ment by the applicant of any additional fee for such expe2 dited processing. 

3 SEC. 9. HIGHER EDUCATION ASSISTANCE. 

4 Notwithstanding any provision of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1001 et seq.) or any provi6 sion of title IV of the Personal Responsibility and Work 

7 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 

8 et seq.), with respect to Federal financial education assist9 ance, an alien who is lawfully admitted for permanent resi10 dence under this Act and has not had the conditional basis 

11 removed shall not be eligible for— 

12 (1) Federal Pell grants under part A of title IV 

13 of the Higher Education Act of 1965 (20 U.S.C. 

14 1070a et seq.); and 

15 (2) Federal supplemental educational oppor16 tunity grants under part A of title IV of that Act 

17 (20 U.S.C. 1070b et seq.). 

18 SEC. 10. GAO REPORT. 

19 Not later than 7 years after the date of enactment 

20 of this Act, the Comptroller General of the United States 

21 shall submit a report to the Committees on the Judiciary 

22 of the Senate and the House of Representatives setting 

23 forth— 


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

2 cancellation of removal and adjustment of status 

3 under section 3(a); 

4 (2) the number of aliens who applied for adjust5 ment of status under section 3(a); 

6 (3) the number of aliens who were granted ad7 justment of status under section 3(a); and 

8 (4) the number of aliens whose conditional per9 manent resident status was removed under section 

10 4. 

Æ 


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