I 

117TH CONGRESS 

1ST SESSION H. R. 6 

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

aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2021 

Ms. ROYBAL-ALLARD (for herself, Ms. VELA ́ZQUEZ, Ms. CLARKE of New 

York, Ms. LOFGREN, Mr. NADLER, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. JEFFRIES, Mr. AGUILAR, Mr. RUIZ, Ms. BARRAGA ́N, Mr. 

CARBAJAL, Mr. CA ́RDENAS, Mr. CASTRO of Texas, Mr. CORREA, Mr. 

COSTA, Mr. CUELLAR, Mr. DELGADO, Ms. ESCOBAR, Mr. ESPAILLAT, 

Mr. GALLEGO, Ms. GARCIA of Texas, Mr. GOMEZ, Mr. GRIJALVA, Ms. 

LEGER FERNANDEZ, Mr. LEVIN of California, Mrs. NAPOLITANO, Mr. 

SABLAN, Ms. SA ́NCHEZ, Mr. SAN NICOLAS, Mr. SIRES, Mr. SOTO, Mrs. 

TORRES of California, Mr. TORRES of New York, Mrs. TRAHAN, Mr. 

VARGAS, Mr. VELA, Mr. AUCHINCLOSS, Ms. BASS, Mrs. BEATTY, Mr. 

BERA, Mr. BEYER, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRENDAN F. 

BOYLE of Pennsylvania, Mr. BROWN, Ms. BROWNLEY, Mrs. BUSTOS, Mr. 

CASTEN, Ms. CHU, Ms. CLARK of Massachusetts, Mr. CONNOLLY, Mr. 

COOPER, Mr. CRIST, Ms. DAVIDS of Kansas, Ms. DEAN, Mr. DEFAZIO, 

Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mrs. DEMINGS, Mr. 

DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. DOGGETT, Ms. ESHOO, 

Mr. EVANS, Mrs. FLETCHER, Mr. GARAMENDI, Mr. HARDER of California, Mr. HASTINGS, Mrs. HAYES, Mr. HIGGINS of New York, Mr. 

HIMES, Mr. HUFFMAN, Ms. JACOBS of California, Ms. JAYAPAL, Mr. 

JONES, Mr. KAHELE, Ms. KELLY of Illinois, Mr. KILMER, Mr. KIM of 

New Jersey, Mr. KIND, Mr. KRISHNAMOORTHI, Mr. LARSEN of Washington, Mrs. LAWRENCE, Ms. LEE of California, Mr. LEVIN of Michigan, 

Mr. LOWENTHAL, Mrs. CAROLYN B. MALONEY of New York, Ms. MANNING, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, 

Mr. MEEKS, Ms. MENG, Ms. MOORE of Wisconsin, Mrs. MURPHY of Florida, Mr. NEGUSE, Ms. NEWMAN, Ms. NORTON, Mr. O’HALLERAN, Mr. 

PALLONE, Mr. PANETTA, Mr. PAPPAS, Mr. PERLMUTTER, Mr. PETERS, 

Ms. PINGREE, Ms. PLASKETT, Mr. PRICE of North Carolina, Mr. 

QUIGLEY, Mr. RASKIN, Ms. ROSS, Mr. RUSH, Mr. RYAN, Ms. SCANLON, 

Ms. SCHRIER, Mr. SCHIFF, Mr. SCHRADER, Mr. SMITH of Washington, 

Mr. STANTON, Mr. SUOZZI, Mr. SWALWELL, Mr. TAKANO, Mr. THOMPSON of California, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mrs. WATSON

COLEMAN, Ms. WILD, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, 


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and Mr. YARMUTH) 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, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Dream and Promise Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DREAM ACT OF 2021 

Sec. 101. Short title. 

Sec. 102. Permanent resident status on a conditional basis for certain longterm residents who entered the United States as children. 

Sec. 103. Terms of permanent resident status on a conditional basis. 

Sec. 104. Removal of conditional basis of permanent resident status. 

Sec. 105. Restoration of State option to determine residency for purposes of 

higher education benefits. 

TITLE II—AMERICAN PROMISE ACT OF 2021 

Sec. 201. Short title. 

Sec. 202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. 

Sec. 203. Clarification. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Definitions. 

Sec. 302. Submission of biometric and biographic data; background checks. 


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Sec. 303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. 

Sec. 304. Determination of continuous presence and residence. 

Sec. 305. Exemption from numerical limitations. 

Sec. 306. Availability of administrative and judicial review. 

Sec. 307. Documentation requirements. 

Sec. 308. Rulemaking. 

Sec. 309. Confidentiality of information. 

Sec. 310. Grant program to assist eligible applicants. 

Sec. 311. Provisions affecting eligibility for adjustment of status. 

Sec. 312. Supplementary surcharge for appointed counsel. 

Sec. 313. Annual report on provisional denial authority. 

1 TITLE I—DREAM ACT OF 2021 

2 SEC. 101. SHORT TITLE. 

3 This title may be cited as the ‘‘Dream Act of 2021’’. 

4 SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI5 TIONAL BASIS FOR CERTAIN LONG-TERM 

6 RESIDENTS WHO ENTERED THE UNITED 

7 STATES AS CHILDREN. 

8 (a) CONDITIONAL BASIS FOR STATUS.—Notwith9 standing any other provision of law, and except as pro10 vided in section 104(c)(2), an alien shall be considered, 

11 at the time of obtaining the status of an alien lawfully 

12 admitted for permanent residence under this section, to 

13 have obtained such status on a conditional basis subject 

14 to the provisions of this title. 

15 (b) REQUIREMENTS.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, the Secretary or the Attorney Gen18 eral shall adjust to the status of an alien lawfully 

19 admitted for permanent residence on a conditional 

20 basis, or without the conditional basis as provided in 


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1 section 104(c)(2), an alien who is inadmissible or de2 portable from the United States, is subject to a 

3 grant of Deferred Enforced Departure, has tem4 porary protected status under section 244 of the Im5 migration and Nationality Act (8 U.S.C. 1254a), or 

6 is the son or daughter of an alien admitted as a non7 immigrant under subparagraphs (E)(i), (E)(ii), 

8 (H)(i)(b), or (L) of section 101(a)(15) of such Act 

9 (8 U.S.C. 1101(a)(15)) if— 

10 (A) the alien has been continuously phys11 ically present in the United States since Janu12 ary 1, 2021; 

13 (B) the alien was 18 years of age or 

14 younger on the date on which the alien entered 

15 the United States and has continuously resided 

16 in the United States since such entry; 

17 (C) the alien— 

18 (i) subject to paragraph (2), is not in19 admissible under paragraph (1), (6)(E), 

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

21 the Immigration and Nationality Act (8 

22 U.S.C. 1182(a)); 

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

24 or otherwise participated in the persecution 

25 of any person on account of race, religion, 


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1 nationality, membership in a particular so2 cial group, or political opinion; and 

3 (iii) is not barred from adjustment of 

4 status under this title based on the crimi5 nal and national security grounds de6 scribed under subsection (c), subject to the 

7 provisions of such subsection; and 

8 (D) the alien— 

9 (i) has been admitted to an institution 

10 of higher education; 

11 (ii) has been admitted to an area ca12 reer and technical education school at the 

13 postsecondary level; 

14 (iii) in the United States, has ob15 tained— 

16 (I) a high school diploma or a 

17 commensurate alternative award from 

18 a public or private high school; 

19 (II) a General Education Devel20 opment credential, a high school 

21 equivalency diploma recognized under 

22 State law, or another similar State23 authorized credential; 

24 (III) a credential or certificate 

25 from an area career and technical 


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1 education school at the secondary 

2 level; or 

3 (IV) a recognized postsecondary 

4 credential; or 

5 (iv) is enrolled in secondary school or 

6 in an education program assisting students 

7 in— 

8 (I) obtaining a high school di9 ploma or its recognized equivalent 

10 under State law; 

11 (II) passing the General Edu12 cation Development test, a high school 

13 equivalence diploma examination, or 

14 other similar State-authorized exam; 

15 (III) obtaining a certificate or 

16 credential from an area career and 

17 technical education school providing 

18 education at the secondary level; or 

19 (IV) obtaining a recognized post20 secondary credential. 

21 (2) WAIVER OF GROUNDS OF INADMIS22 SIBILITY.—With respect to any benefit under this 

23 title, and in addition to the waivers under subsection 

24 (c)(2), the Secretary may waive the grounds of inad25 missibility under paragraph (1), (6)(E), (6)(G), or 


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1 (10)(D) of section 212(a) of the Immigration and 

2 Nationality Act (8 U.S.C. 1182(a)) for humanitarian 

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

4 otherwise in the public interest. 

5 (3) APPLICATION FEE.— 

6 (A) IN GENERAL.—The Secretary may, 

7 subject to an exemption under section 303(c), 

8 require an alien applying under this section to 

9 pay a reasonable fee that is commensurate with 

10 the cost of processing the application but does 

11 not exceed $495.00. 

12 (B) SPECIAL PROCEDURES FOR APPLI13 CANTS WITH DACA.—The Secretary shall estab14 lish a streamlined procedure for aliens who have 

15 been granted DACA and who meet the require16 ments for renewal (under the terms of the pro17 gram in effect on January 1, 2017) to apply for 

18 adjustment of status to that of an alien lawfully 

19 admitted for permanent residence on a condi20 tional basis under this section, or without the 

21 conditional basis as provided in section 

22 104(c)(2). Such procedure shall not include a 

23 requirement that the applicant pay a fee, except 

24 that the Secretary may require an applicant 

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1 nent residence without the conditional basis 

2 under section 104(c)(2) to pay a fee that is 

3 commensurate with the cost of processing the 

4 application, subject to the exemption under sec5 tion 303(c). 

6 (4) BACKGROUND CHECKS.—The Secretary 

7 may not grant an alien permanent resident status on 

8 a conditional basis under this section until the re9 quirements of section 302 are satisfied. 

10 (5) MILITARY SELECTIVE SERVICE.—An alien 

11 applying for permanent resident status on a condi12 tional basis under this section, or without the condi13 tional basis as provided in section 104(c)(2), shall 

14 establish that the alien has registered under the 

15 Military Selective Service Act (50 U.S.C. 3801 et 

16 seq.), if the alien is subject to registration under 

17 such Act. 

18 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

19 (1) GROUNDS OF INELIGIBILITY.—Except as 

20 provided in paragraph (2), an alien is ineligible for 

21 adjustment of status under this title (whether on a 

22 conditional basis or without the conditional basis as 

23 provided in section 104(c)(2)) if any of the following 

24 apply: 


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1 (A) The alien is inadmissible under para2 graph (2) or (3) of section 212(a) of the Immi3 gration and Nationality Act (8 U.S.C. 1182(a)). 

4 (B) Excluding any offense under State law 

5 for which an essential element is the alien’s im6 migration status, and any minor traffic offense, 

7 the alien has been convicted of— 

8 (i) any felony offense; 

9 (ii) three or more misdemeanor of10 fenses (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, and any offense involv16 ing civil disobedience without violence) not 

17 occurring on the same date, and not aris18 ing out of the same act, omission, or 

19 scheme of misconduct; or 

20 (iii) a misdemeanor offense of domes21 tic violence, unless the alien demonstrates 

22 that such crime is related to the alien hav23 ing been— 

24 (I) a victim of domestic violence, 

25 sexual assault, stalking, child abuse or 


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1 neglect, abuse or neglect in later life, 

2 or human trafficking; 

3 (II) battered or subjected to ex4 treme cruelty; or 

5 (III) a victim of criminal activity 

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

7 of the Immigration and Nationality 

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

9 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

10 For humanitarian purposes, family unity, or if oth11 erwise in the public interest, the Secretary may— 

12 (A) waive the grounds of inadmissibility 

13 under subparagraphs (A), (C), and (D) of sec14 tion 212(a)(2) of the Immigration and Nation15 ality Act (8 U.S.C. 1182(a)(2)), unless the con16 viction forming the basis for inadmissibility 

17 would otherwise render the alien ineligible 

18 under paragraph (1)(B) (subject to subpara19 graph (B)); and 

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

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

22 (i) one misdemeanor offense if the 

23 alien has not been convicted of any offense 

24 in the 5-year period preceding the date on 


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1 which the alien applies for adjustment of 

2 status under this title; or 

3 (ii) up to two misdemeanor offenses if 

4 the alien has not been convicted of any of5 fense in the 10-year period preceding the 

6 date on which the alien applies for adjust7 ment of status under this title. 

8 (3) AUTHORITY TO CONDUCT SECONDARY RE9 VIEW.— 

10 (A) IN GENERAL.—Notwithstanding an 

11 alien’s eligibility for adjustment of status under 

12 this title, and subject to the procedures de13 scribed in this paragraph, the Secretary may, 

14 as a matter of non-delegable discretion, provi15 sionally deny an application for adjustment of 

16 status (whether on a conditional basis or with17 out the conditional basis as provided in section 

18 104(c)(2)) if the Secretary, based on clear and 

19 convincing evidence, which shall include credible 

20 law enforcement information, determines that 

21 the alien is described in subparagraph (B) or 

22 (D). 

23 (B) PUBLIC SAFETY.—An alien is de24 scribed in this subparagraph if— 


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1 (i) excluding simple possession of can2 nabis or cannabis-related paraphernalia, 

3 any offense involving cannabis or cannabis4 related paraphernalia which is no longer 

5 prosecutable in the State in which the con6 viction was entered, any offense under 

7 State law for which an essential element is 

8 the alien’s immigration status, any offense 

9 involving civil disobedience without vio10 lence, and any minor traffic offense, the 

11 alien— 

12 (I) has been convicted of a mis13 demeanor offense punishable by a 

14 term of imprisonment of more than 

15 30 days; or 

16 (II) has been adjudicated delin17 quent in a State or local juvenile court 

18 proceeding that resulted in a disposi19 tion ordering placement in a secure 

20 facility; and 

21 (ii) the alien poses a significant and 

22 continuing threat to public safety related 

23 to such conviction or adjudication. 

24 (C) PUBLIC SAFETY DETERMINATION.— 

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1 retary shall consider the recency of the convic2 tion or adjudication; the length of any imposed 

3 sentence or placement; the nature and serious4 ness of the conviction or adjudication, including 

5 whether the elements of the offense include the 

6 unlawful possession or use of a deadly weapon 

7 to commit an offense or other conduct intended 

8 to cause serious bodily injury; and any miti9 gating factors pertaining to the alien’s role in 

10 the commission of the offense. 

11 (D) GANG PARTICIPATION.—An alien is 

12 described in this subparagraph if the alien has, 

13 within the 5 years immediately preceding the 

14 date of the application, knowingly, willfully, and 

15 voluntarily participated in offenses committed 

16 by a criminal street gang (as described in sub17 sections (a) and (c) of section 521 of title 18, 

18 United States Code) with the intent to promote 

19 or further the commission of such offenses. 

20 (E) EVIDENTIARY LIMITATION.—For pur21 poses of subparagraph (D), allegations of gang 

22 membership obtained from a State or Federal 

23 in-house or local database, or a network of 

24 databases used for the purpose of recording and 

25 sharing activities of alleged gang members 


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1 across law enforcement agencies, shall not es2 tablish the participation described in such para3 graph. 

4 (F) NOTICE.— 

5 (i) IN GENERAL.—Prior to rendering 

6 a discretionary decision under this para7 graph, the Secretary shall provide written 

8 notice of the intent to provisionally deny 

9 the application to the alien (or the alien’s 

10 counsel of record, if any) by certified mail 

11 and, if an electronic mail address is pro12 vided, by electronic mail (or other form of 

13 electronic communication). Such notice 

14 shall— 

15 (I) articulate with specificity all 

16 grounds for the preliminary deter17 mination, including the evidence relied 

18 upon to support the determination; 

19 and 

20 (II) provide the alien with not 

21 less than 90 days to respond. 

22 (ii) SECOND NOTICE.—Not more than 

23 30 days after the issuance of the notice 

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1 vide a second written notice that meets the 

2 requirements of such clause. 

3 (iii) NOTICE NOT RECEIVED.—Not4 withstanding any other provision of law, if 

5 an applicant provides good cause for not 

6 contesting a provisional denial under this 

7 paragraph, including a failure to receive 

8 notice as required under this subpara9 graph, the Secretary shall, upon a motion 

10 filed by the alien, reopen an application for 

11 adjustment of status under this title and 

12 allow the applicant an opportunity to re13 spond, consistent with clause (i)(II). 

14 (G) JUDICIAL REVIEW OF A PROVISIONAL

15 DENIAL.— 

16 (i) IN GENERAL.—Notwithstanding 

17 any other provision of law, if, after notice 

18 and the opportunity to respond under sub19 paragraph (F), the Secretary provisionally 

20 denies an application for adjustment of 

21 status under this Act, the alien shall have 

22 60 days from the date of the Secretary’s 

23 determination to seek review of such deter24 mination in an appropriate United States 

25 district court. 


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1 (ii) SCOPE OF REVIEW AND DECI2 SION.—Notwithstanding any other provi3 sion of law, review under paragraph (1) 

4 shall be de novo and based solely on the 

5 administrative record, except that the ap6 plicant shall be given the opportunity to 

7 supplement the administrative record and 

8 the Secretary shall be given the oppor9 tunity to rebut the evidence and arguments 

10 raised in such submission. Upon issuing its 

11 decision, the court shall remand the mat12 ter, with appropriate instructions, to the 

13 Department of Homeland Security to 

14 render a final decision on the application. 

15 (iii) APPOINTED COUNSEL.—Notwith16 standing any other provision of law, an ap17 plicant seeking judicial review under clause 

18 (i) shall be represented by counsel. Upon 

19 the request of the applicant, counsel shall 

20 be appointed for the applicant, in accord21 ance with procedures to be established by 

22 the Attorney General within 90 days of the 

23 date of the enactment of this Act, and 

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1 lected and deposited in the Immigration 

2 Counsel Account under section 312. 

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 pun7 ishable by a maximum term of imprisonment of 

8 more than 1 year; 

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

10 means an offense under Federal or State law 

11 that is punishable by a term of imprisonment of 

12 more than 5 days but not more than 1 year; 

13 and 

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

15 means any offense that has as an element the 

16 use, attempted use, or threatened use of phys17 ical force against a person committed by a cur18 rent or former spouse of the person, by an indi19 vidual with whom the person shares a child in 

20 common, by an individual who is cohabiting 

21 with or has cohabited with the person as a 

22 spouse, by an individual similarly situated to a 

23 spouse of the person under the domestic or 

24 family violence laws of the jurisdiction where 

25 the offense occurs, or by any other individual 


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1 against a person who is protected from that in2 dividual’s acts under the domestic or family vio3 lence laws of the United States or any State, 

4 Indian Tribal government, or unit of local gov5 ernment. 

6 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

7 MINORS.—An alien who is 18 years of age or younger and 

8 meets the requirements under subparagraphs (A), (B), 

9 and (C) of subsection (b)(1) shall be provided a reasonable 

10 opportunity to meet the educational requirements under 

11 subparagraph (D) of such subsection. The Attorney Gen12 eral or the Secretary may not commence or continue with 

13 removal proceedings against such an alien. 

14 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

15 shall, upon receipt of a request to withdraw an application 

16 for adjustment of status under this section, cease proc17 essing of the application, and close the case. Withdrawal 

18 of the application under this subsection shall not prejudice 

19 any future application filed by the applicant for any immi20 gration benefit under this title or under the Immigration 

21 and Nationality Act (8 U.S.C. 1101 et seq.). 

22 SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A 

23 CONDITIONAL BASIS. 

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

25 on a conditional basis is— 


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1 (1) valid for a period of 10 years, unless such 

2 period is extended by the Secretary; and 

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

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

5 alien obtains permanent resident status on a conditional 

6 basis, the Secretary shall provide notice to the alien re7 garding the provisions of this title and the requirements 

8 to have the conditional basis of such status removed. 

9 (c) REVOCATION OF STATUS.—The Secretary may 

10 revoke the permanent resident status on a conditional 

11 basis of an alien only if the Secretary— 

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

13 requirements under section 102(b)(1)(C); and 

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

15 (A) notice of the proposed revocation; and 

16 (B) the opportunity for a hearing to pro17 vide evidence that the alien meets such require18 ments or otherwise to contest the proposed rev19 ocation. 

20 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

21 An alien whose permanent resident status on a conditional 

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

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

24 the alien had immediately before receiving permanent resi25 dent status on a conditional basis. 


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1 SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA2 NENT RESIDENT STATUS. 

3 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

4 BASIS.— 

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

6 the Secretary shall remove the conditional basis of 

7 an alien’s permanent resident status granted under 

8 this title and grant the alien status as an alien law9 fully admitted for permanent residence if the alien— 

10 (A) is described in section 102(b)(1)(C); 

11 (B) has not abandoned the alien’s resi12 dence in the United States during the period in 

13 which the alien has permanent resident status 

14 on a conditional basis; and 

15 (C)(i) has obtained a degree from an insti16 tution of higher education, or has completed at 

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

18 the United States leading to a bachelor’s degree 

19 or higher degree or a recognized postsecondary 

20 credential from an area career and technical 

21 education school providing education at the 

22 postsecondary level; 

23 (ii) has served in the Uniformed Services 

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

25 an honorable discharge; or 


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1 (iii) demonstrates earned income for peri2 ods totaling at least 3 years and at least 75 

3 percent of the time that the alien has had a 

4 valid employment authorization, except that, in 

5 the case of an alien who was enrolled in an in6 stitution of higher education, an area career 

7 and technical education school to obtain a rec8 ognized postsecondary credential, or an edu9 cation program described in section 

10 102(b)(1)(D)(iii), the Secretary shall reduce 

11 such total 3-year requirement by the total of 

12 such periods of enrollment. 

13 (2) HARDSHIP EXCEPTION.—The Secretary 

14 shall remove the conditional basis of an alien’s per15 manent resident status and grant the alien status as 

16 an alien lawfully admitted for permanent residence 

17 if the alien— 

18 (A) satisfies the requirements under sub19 paragraphs (A) and (B) of paragraph (1); 

20 (B) demonstrates compelling circumstances 

21 for the inability to satisfy the requirements 

22 under subparagraph (C) of such paragraph; and 

23 (C) demonstrates that— 

24 (i) the alien has a disability; 


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

2 or 

3 (iii) the removal of the alien from the 

4 United States would result in hardship to 

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

6 child who is a national of the United 

7 States or is lawfully admitted for perma8 nent residence. 

9 (3) CITIZENSHIP REQUIREMENT.— 

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

11 subparagraph (B), the conditional basis of an 

12 alien’s permanent resident status granted under 

13 this title may not be removed unless the alien 

14 demonstrates that the alien satisfies the re15 quirements under section 312(a) of the Immi16 gration and Nationality Act (8 U.S.C. 1423(a)). 

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

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

19 requirements under such section 312(a) due to 

20 disability. 

21 (4) APPLICATION FEE.—The Secretary may, 

22 subject to an exemption under section 303(c), re23 quire aliens applying for removal of the conditional 

24 basis of an alien’s permanent resident status under 


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1 this section to pay a reasonable fee that is commen2 surate with the cost of processing the application. 

3 (5) BACKGROUND CHECKS.—The Secretary 

4 may not remove the conditional basis of an alien’s 

5 permanent resident status until the requirements of 

6 section 302 are satisfied. 

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

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

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

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

12 on a conditional basis shall be considered to have 

13 been admitted to the United States, and be present 

14 in the United States, as an alien lawfully admitted 

15 for permanent 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 title 

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 admit9 ted for permanent resident status without con10 ditional basis, any alien who— 

11 (i) demonstrates eligibility for lawful 

12 permanent residence status on a condi13 tional basis under section 102(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 title. 

21 (B) BACKGROUND CHECKS.—Subsection 

22 (a)(5) shall apply to an alien seeking lawful 

23 permanent resident status without conditional 

24 basis in an initial application in the same man25 ner as it applies to an alien seeking removal of 


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1 the conditional basis of an alien’s permanent 

2 resident status. Section 102(b)(4) shall not be 

3 construed to require the Secretary to conduct 

4 more than one identical security or law enforce5 ment background 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 303(c), but shall not be re12 quired to pay the application fee under section 

13 102(b)(3). 

14 SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE 

15 RESIDENCY FOR PURPOSES OF HIGHER EDU16 CATION BENEFITS. 

17 (a) IN GENERAL.—Section 505 of the Illegal Immi18 gration Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1623) is repealed. 

20 (b) EFFECTIVE DATE.—The repeal under subsection 

21 (a) shall take effect as if included in the original enact22 ment of the Illegal Immigration Reform and Immigrant 

23 Responsibility Act of 1996 (division C of Public Law 104– 

24 208; 110 Stat. 3009–546). 


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1 (c) LIMITATION OF FEDERAL STUDENT ASSIST2 ANCE.—Notwithstanding any other provision of law, an 

3 alien who has permanent resident status on a conditional 

4 basis under this title shall be eligible only for the following 

5 assistance under title IV of the Higher Education Act of 

6 1965 (20 U.S.C. 1070 et seq.): 

7 (1) Student loans under parts D and E of such 

8 title IV (20 U.S.C. 1087a et seq. and 1087aa et 

9 seq.), subject to the requirements of such parts. 

10 (2) Federal work-study programs under part C 

11 of such title IV (42 U.S.C. 2751 et seq.), subject to 

12 the requirements of such part. 

13 (3) Services under such title IV (20 U.S.C. 

14 1070 et seq.), subject to the requirements for such 

15 services. 

16 TITLE II—AMERICAN PROMISE 

17 ACT OF 2021 

18 SEC. 201. SHORT TITLE. 

19 This title may be cited as the ‘‘American Promise Act 

20 of 2021’’. 


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1 SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATION2 ALS OF CERTAIN COUNTRIES DESIGNATED 

3 FOR TEMPORARY PROTECTED STATUS OR 

4 DEFERRED ENFORCED DEPARTURE. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary or the Attorney General shall 

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

8 lawfully admitted for permanent residence, an alien de9 scribed in subsection (b) if the alien— 

10 (1) applies for such adjustment, including sub11 mitting any required documents under section 307, 

12 not later than 3 years after the date of the enact13 ment of this Act; 

14 (2) has been continuously physically present in 

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

16 years; and 

17 (3) subject to subsection (c), is not inadmissible 

18 under paragraph (1), (2), (3), (6)(D), (6)(E), 

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

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

21 1182(a)). 

22 (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA23 TUS.—An alien shall be eligible for adjustment of status 

24 under this section if the alien is an individual— 

25 (1) who— 


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

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

3 nationality, is a person who last habitually re4 sided in such state) with a designation under 

5 subsection (b) of section 244 of the Immigra6 tion and Nationality Act (8 U.S.C. 1254a(b)) 

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

8 eligible for temporary protected status on such 

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

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

11 (B) has not engaged in conduct since such 

12 date that would render the alien ineligible for 

13 temporary protected status under section 

14 244(c)(2) of the Immigration and Nationality 

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

16 (2) who was eligible for Deferred Enforced De17 parture as of January 20, 2021, and has not en18 gaged in conduct since that date that would render 

19 the alien ineligible for Deferred Enforced Departure. 

20 (c) WAIVER OF GROUNDS OF INADMISSIBILITY.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), with respect to any benefit under this 

23 title, and in addition to any waivers that are other24 wise available, the Secretary may waive the grounds 

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1 graphs (A), (C), and (D) of paragraph (2), subpara2 graphs (D) through (G) of paragraph (6), or para3 graph (10)(D) of section 212(a) of the Immigration 

4 and Nationality Act (8 U.S.C. 1182(a)) for humani5 tarian purposes, for family unity, or because the 

6 waiver is otherwise in the public interest. 

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

8 a ground described in paragraph (1) if such inad9 missibility is based on a conviction or convictions, 

10 and such conviction or convictions would otherwise 

11 render the alien ineligible under section 

12 244(c)(2)(B) of the Immigration and Nationality 

13 Act (8 U.S.C. 1254a(c)(2)(B)). 

14 (d) APPLICATION.— 

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

16 exemption under section 303(c), require an alien ap17 plying for adjustment of status under this section to 

18 pay a reasonable fee that is commensurate with the 

19 cost of processing the application, but does not ex20 ceed $1,140. 

21 (2) BACKGROUND CHECKS.—The Secretary 

22 may not grant an alien permanent resident status on 

23 a conditional basis under this section until the re24 quirements of section 302 are satisfied. 


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1 (3) WITHDRAWAL OF APPLICATION.—The Sec2 retary of Homeland Security shall, upon receipt of 

3 a request to withdraw an application for adjustment 

4 of status under this section, cease processing of the 

5 application and close the case. Withdrawal of the ap6 plication under this subsection shall not prejudice 

7 any future application filed by the applicant for any 

8 immigration benefit under this title or under the Im9 migration and Nationality Act (8 U.S.C. 1101 et 

10 seq.). 

11 SEC. 203. CLARIFICATION. 

12 Section 244(f)(4) of the Immigration and Nationality 

13 Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after 

14 ‘‘considered’’ the following: ‘‘as having been inspected and 

15 admitted into the United States, and’’. 

16 TITLE III—GENERAL 

17 PROVISIONS 

18 SEC. 301. DEFINITIONS. 

19 (a) IN GENERAL.—In this Act: 

20 (1) IN GENERAL.—Except as otherwise specifi21 cally provided, any term used in this Act that is 

22 used in the immigration laws shall have the meaning 

23 given such term in the immigration laws. 

24 (2) APPROPRIATE UNITED STATES DISTRICT

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1 trict court’’ means the United States District Court 

2 for the District of Columbia or the United States 

3 district court with jurisdiction over the alien’s prin4 cipal place of residence. 

5 (3) AREA CAREER AND TECHNICAL EDUCATION

6 SCHOOL.—The term ‘‘area career and technical edu7 cation school’’ has the meaning given such term in 

8 section 3 of the Carl D. Perkins Career and Tech9 nical Education Act of 2006 (20 U.S.C. 2302). 

10 (4) DACA.—The term ‘‘DACA’’ means de11 ferred action granted to an alien pursuant to the 

12 Deferred Action for Childhood Arrivals policy an13 nounced by the Secretary of Homeland Security on 

14 June 15, 2012. 

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

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

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

18 12102(1)). 

19 (6) FEDERAL POVERTY LINE.—The term ‘‘Fed20 eral poverty line’’ has the meaning given such term 

21 in section 213A(h) of the Immigration and Nation22 ality Act (8 U.S.C. 1183a). 

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

24 terms ‘‘high school’’ and ‘‘secondary school’’ have 

25 the meanings given such terms in section 8101 of 


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1 the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 7801). 

3 (8) IMMIGRATION LAWS.—The term ‘‘immigra4 tion laws’’ has the meaning given such term in sec5 tion 101(a)(17) of the Immigration and Nationality 

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

7 (9) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’— 

9 (A) except as provided in subparagraph 

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

11 102 of the Higher Education Act of 1965 (20 

12 U.S.C. 1002); and 

13 (B) does not include an institution of high14 er education outside of the United States. 

15 (10) RECOGNIZED POSTSECONDARY CREDEN16 TIAL.—The term ‘‘recognized postsecondary creden17 tial’’ has the meaning given such term in section 3 

18 of the Workforce Innovation and Opportunity Act 

19 (29 U.S.C. 3102). 

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

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


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

2 United States Code. 

3 (b) TREATMENT OF EXPUNGED CONVICTIONS.—For 

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

5 ‘‘convicted’’ and ‘‘conviction’’, as used in this Act and in 

6 sections 212 and 244 of the Immigration and Nationality 

7 Act (8 U.S.C. 1182, 1254a), do not include a judgment 

8 that has been expunged or set aside, that resulted in a 

9 rehabilitative disposition, or the equivalent. 

10 SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 

11 DATA; BACKGROUND CHECKS. 

12 (a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC

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

14 of status under this Act, on either a conditional or perma15 nent basis, unless the alien submits biometric and bio16 graphic data, in accordance with procedures established 

17 by the Secretary. The Secretary shall provide an alter18 native procedure for aliens who are unable to provide such 

19 biometric or biographic data because of a physical impair20 ment. 

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

22 biometric, biographic, and other data that the Secretary 

23 determines appropriate to conduct security and law en24 forcement background checks and to determine whether 

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


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1 that would render the alien ineligible for adjustment of 

2 status under this Act, on either a conditional or perma3 nent basis. The status of an alien may not be adjusted, 

4 on either a conditional or permanent basis, unless security 

5 and law enforcement background checks are completed to 

6 the satisfaction of the Secretary. 

7 SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND 

8 FEE EXEMPTION; AND OTHER CONDITIONS 

9 ON ELIGIBLE INDIVIDUALS. 

10 (a) LIMITATION ON REMOVAL.—An alien who ap11 pears to be prima facie eligible for relief under this Act 

12 shall be given a reasonable opportunity to apply for such 

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

14 306(c)(2), a final decision establishing ineligibility for re15 lief is rendered. 

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

17 States who has been ordered removed or has been per18 mitted to depart voluntarily from the United States may, 

19 notwithstanding such order or permission to depart, apply 

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

21 not be required to file a separate motion to reopen, recon22 sider, or vacate the order of removal. If the Secretary ap23 proves the application, the Secretary shall cancel the order 

24 of removal. If the Secretary renders a final administrative 

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


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1 permission to depart shall be effective and enforceable to 

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

3 only after all available administrative and judicial rem4 edies have been exhausted. 

5 (c) FEE EXEMPTION.—An applicant may be exempt6 ed from paying an application fee required under this Act 

7 if the applicant— 

8 (1) is 18 years of age or younger; 

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

10 period immediately preceding the date on which the 

11 applicant files an application under this Act, that is 

12 less than 150 percent of the Federal poverty line; 

13 (3) is in foster care or otherwise lacks any pa14 rental or other familial support; or 

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

16 a serious, chronic disability. 

17 (d) ADVANCE PAROLE.—During the period beginning 

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

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

20 the Secretary makes a final decision regarding such appli21 cation, the alien shall be eligible to apply for advance pa22 role. Section 101(g) of the Immigration and Nationality 

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

24 advance parole under this Act. 


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1 (e) 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. 304. 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 

11 the United States of an alien who applies for permanent 

12 resident status under this Act (whether on a conditional 

13 basis or without the conditional basis as provided in sec14 tion 104(c)(2)) shall not terminate when the alien is 

15 served a notice to appear under section 239(a) of the Im16 migration 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 

24 departed from the United States for any period 


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1 exceeding 90 days or for any periods, in the ag2 gregate, 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 

7 satisfaction of the Secretary of Homeland Secu8 rity that the alien did not in fact abandon resi9 dence 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— 

16 (A) the serious illness of the alien; 

17 (B) death or serious illness of a parent, 

18 grandparent, sibling, or child of the alien; 

19 (C) processing delays associated with the 

20 application process for a visa or other travel 

21 document; or 

22 (D) restrictions on international travel due 

23 to the COVID–19 public health emergency. 

24 (3) TRAVEL AUTHORIZED BY THE SEC25 RETARY.—Any period of travel outside of the United 


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1 States by an alien that was authorized by the Sec2 retary may not be counted toward any period of de3 parture from the United States under paragraph 

4 (1). 

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

6 to aliens who were removed or departed the United States 

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

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

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

10 as a matter of discretion, waive the physical presence re11 quirement under section 102(b)(1)(A) or section 

12 202(a)(2) for humanitarian purposes, for family unity, or 

13 because a waiver is otherwise in the public interest. The 

14 Secretary, in consultation with the Secretary of State, 

15 shall establish a procedure for such aliens to apply for re16 lief under section 102 or 202 from outside the United 

17 States if they would have been eligible for relief under 

18 such section, but for their removal or departure. 

19 SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. 

20 Nothing in this Act or in any other law may be con21 strued to apply a numerical limitation on the number of 

22 aliens who may be granted permanent resident status 

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

24 the conditional basis as provided in section 104(c)(2)). 


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1 SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDI2 CIAL REVIEW. 

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

4 days after the date of the enactment of this Act, the Sec5 retary shall provide to aliens who have applied for adjust6 ment of status under this Act a process by which an appli7 cant may seek administrative appellate review of a denial 

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

9 of such status. 

10 (b) JUDICIAL REVIEW.—Except as provided in sub11 section (c), and notwithstanding any other provision of 

12 law, an alien may seek judicial review of a denial of an 

13 application for adjustment of status, or a revocation of 

14 such status, under this Act in an appropriate United 

15 States district court. 

16 (c) STAY OF REMOVAL.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), an alien seeking administrative or judicial 

19 review under this Act may not be removed from the 

20 United States until a final decision is rendered es21 tablishing that the alien is ineligible for adjustment 

22 of status under this Act. 

23 (2) EXCEPTION.—The Secretary may remove 

24 an alien described in paragraph (1) pending judicial 

25 review if such removal is based on criminal or na26 tional security grounds described in this Act. Such 


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1 removal shall not affect the alien’s right to judicial 

2 review under this Act. The Secretary shall promptly 

3 return a removed alien if a decision to deny an ap4 plication for adjustment of status under this Act, or 

5 to revoke such status, is reversed. 

6 SEC. 307. DOCUMENTATION REQUIREMENTS. 

7 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

8 alien’s application for permanent resident status under 

9 this Act (whether on a conditional basis, or without the 

10 conditional basis as provided in section 104(c)(2)) may in11 clude, as evidence of identity, the following: 

12 (1) A passport or national identity document 

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

14 alien’s name and the alien’s photograph or finger15 print. 

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

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

18 (3) A school identification card that includes 

19 the alien’s name and photograph, and school records 

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

21 was enrolled at the school. 

22 (4) A Uniformed Services identification card 

23 issued by the Department of Defense. 


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1 (5) Any immigration or other document issued 

2 by the United States Government bearing the alien’s 

3 name and photograph. 

4 (6) A State-issued identification card bearing 

5 the alien’s name and photograph. 

6 (7) Any other evidence determined to be cred7 ible by the Secretary. 

8 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN9 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

10 RESIDENCE.—To establish that an alien was 18 years of 

11 age or younger on the date on which the alien entered 

12 the United States, and has continuously resided in the 

13 United States since such entry, as required under section 

14 102(b)(1)(B), that an alien has been continuously phys15 ically present in the United States, as required under sec16 tion 102(b)(1)(A) or 202(a)(2), or that an alien has not 

17 abandoned residence in the United States, as required 

18 under section 104(a)(1)(B), the alien may submit the fol19 lowing forms of evidence: 

20 (1) Passport entries, including admission 

21 stamps on the alien’s passport. 

22 (2) Any document from the Department of Jus23 tice or the Department of Homeland Security noting 

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


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1 (3) Records from any educational institution 

2 the alien has attended in the United States. 

3 (4) Employment records of the alien that in4 clude the employer’s name and contact information, 

5 or other records demonstrating earned income. 

6 (5) Records of service from the Uniformed 

7 Services. 

8 (6) Official records from a religious entity con9 firming the alien’s participation in a religious cere10 mony. 

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

12 in the United States. 

13 (8) Hospital or medical records showing med14 ical treatment or hospitalization, the name of the 

15 medical facility or physician, and the date of the 

16 treatment or hospitalization. 

17 (9) Automobile license receipts or registration. 

18 (10) Deeds, mortgages, or rental agreement 

19 contracts. 

20 (11) Rent receipts or utility bills bearing the 

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

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

23 (12) Tax receipts. 

24 (13) Insurance policies. 


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1 (14) Remittance records, including copies of 

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

3 (15) Travel records. 

4 (16) Dated bank transactions. 

5 (17) Two or more sworn affidavits from individ6 uals who are not related to the alien who have direct 

7 knowledge of the alien’s continuous physical pres8 ence in the United States, that contain— 

9 (A) the name, address, and telephone num10 ber of the affiant; and 

11 (B) the nature and duration of the rela12 tionship between the affiant and the alien. 

13 (18) Any other evidence determined to be cred14 ible by the Secretary. 

15 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

16 INSTITUTION OF HIGHER EDUCATION.—To establish that 

17 an alien has been admitted to an institution of higher edu18 cation, the alien may submit to the Secretary a document 

19 from the institution of higher education certifying that the 

20 alien— 

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

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

23 student. 

24 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE25 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 


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

2 institution of higher education in the United States, the 

3 alien may submit to the Secretary a diploma or other doc4 ument from the institution stating that the alien has re5 ceived such a degree. 

6 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

7 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP8 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

9 To establish that in the United States an alien has earned 

10 a high school diploma or a commensurate alternative 

11 award from a public or private high school, has obtained 

12 the General Education Development credential, or other13 wise has satisfied section 102(b)(1)(D)(iii), the alien may 

14 submit to the Secretary the following: 

15 (1) A high school diploma, certificate of comple16 tion, or other alternate award. 

17 (2) A high school equivalency diploma or certifi18 cate recognized under State law. 

19 (3) Evidence that the alien passed a State-au20 thorized exam, including the General Education De21 velopment test, in the United States. 

22 (4) Evidence that the alien successfully com23 pleted an area career and technical education pro24 gram, such as a certification, certificate, or similar 

25 alternate award. 


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1 (5) Evidence that the alien obtained a recog2 nized postsecondary credential. 

3 (6) Any other evidence determined to be cred4 ible by the Secretary. 

5 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

6 EDUCATIONAL PROGRAM.—To establish that an alien is 

7 enrolled in any school or education program described in 

8 section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may 

9 submit school records from the United States school that 

10 the alien is currently attending that include— 

11 (1) the name of the school; and 

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

13 current grade or educational level. 

14 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

16 from an application fee under this Act, the alien may sub17 mit to the Secretary the following relevant documents: 

18 (1) DOCUMENTS TO ESTABLISH AGE.—To es19 tablish that an alien meets an age requirement, the 

20 alien may provide proof of identity, as described in 

21 subsection (a), that establishes that the alien is 18 

22 years of age or younger. 

23 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

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


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1 (A) employment records or other records of 

2 earned income, including records that have been 

3 maintained by the Social Security Administra4 tion, the Internal Revenue Service, or any other 

5 Federal, State, or local government agency; 

6 (B) bank records; or 

7 (C) at least two sworn affidavits from indi8 viduals who are not related to the alien and 

9 who have direct knowledge of the alien’s work 

10 and income that contain— 

11 (i) the name, address, and telephone 

12 number of the affiant; and 

13 (ii) the nature and duration of the re14 lationship between the affiant and the 

15 alien. 

16 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

17 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

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

19 care, lacks parental or familial support, or has a se20 rious, chronic disability, the alien may provide at 

21 least two sworn affidavits from individuals who are 

22 not related to the alien and who have direct knowl23 edge of the circumstances that contain— 

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

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1 miliar support, or has a serious, chronic dis2 ability, as appropriate; 

3 (B) the name, address, and telephone num4 ber of the affiant; and 

5 (C) the nature and duration of the rela6 tionship between the affiant and the alien. 

7 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

8 HARDSHIP EXEMPTION.—To establish that an alien satis9 fies one of the criteria for the hardship exemption set forth 

10 in section 104(a)(2)(C), the alien may submit to the Sec11 retary at least two sworn affidavits from individuals who 

12 are not related to the alien and who have direct knowledge 

13 of the circumstances that warrant the exemption, that 

14 contain— 

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

16 the affiant; and 

17 (2) the nature and duration of the relationship 

18 between the affiant and the alien. 

19 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

20 UNIFORMED SERVICES.—To establish that an alien has 

21 served in the Uniformed Services for at least 2 years and, 

22 if discharged, received an honorable discharge, the alien 

23 may submit to the Secretary— 

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


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1 (2) a National Guard Report of Separation and 

2 Record of Service form 22; 

3 (3) personnel records for such service from the 

4 appropriate Uniformed Service; or 

5 (4) health records from the appropriate Uni6 formed Service. 

7 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

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

9 earned income requirement under section 

10 104(a)(1)(C)(iii) by submitting records that— 

11 (A) establish compliance with such require12 ment; and 

13 (B) have been maintained by the Social Se14 curity Administration, the Internal Revenue 

15 Service, or any other Federal, State, or local 

16 government agency. 

17 (2) OTHER DOCUMENTS.—An alien who is un18 able to submit the records described in paragraph 

19 (1) may satisfy the earned income requirement by 

20 submitting at least two types of reliable documents 

21 that provide evidence of employment or other forms 

22 of earned income, including— 

23 (A) bank records; 

24 (B) business records; 

25 (C) employer or contractor records; 


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1 (D) records of a labor union, day labor 

2 center, or organization that assists workers in 

3 employment; 

4 (E) sworn affidavits from individuals who 

5 are not related to the alien and who have direct 

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

7 (i) the name, address, and telephone 

8 number of the affiant; and 

9 (ii) the nature and duration of the re10 lationship between the affiant and the 

11 alien; 

12 (F) remittance records; or 

13 (G) any other evidence determined to be 

14 credible by the Secretary. 

15 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN

16 DOCUMENTS.—If the Secretary determines, after publica17 tion in the Federal Register and an opportunity for public 

18 comment, that any document or class of documents does 

19 not reliably establish identity or that permanent resident 

20 status under this Act (whether on a conditional basis, or 

21 without the conditional basis as provided in section 

22 104(c)(2)) is being obtained fraudulently to an unaccept23 able degree, the Secretary may prohibit or restrict the use 

24 of such document or class of documents. 


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1 SEC. 308. RULEMAKING. 

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

3 date of the enactment of this Act, the Secretary shall pub4 lish in the Federal Register interim final rules imple5 menting this Act, which shall allow eligible individuals to 

6 immediately apply for relief under this Act. Notwith7 standing section 553 of title 5, United States Code, the 

8 regulation shall be effective, on an interim basis, imme9 diately upon publication, but may be subject to change and 

10 revision after public notice and opportunity for a period 

11 of public comment. The Secretary shall finalize such rules 

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

13 (b) PAPERWORK REDUCTION ACT.—The require14 ments under chapter 35 of title 44, United States Code, 

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

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

17 SEC. 309. CONFIDENTIALITY OF INFORMATION. 

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

19 or use information (including information provided during 

20 administrative or judicial review) provided in applications 

21 filed under this Act or in requests for DACA for the pur22 pose of immigration enforcement. 

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

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1 cation for DACA, may not refer an applicant to U.S. Im2 migration and Customs Enforcement, U.S. Customs and 

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

4 (c) LIMITED EXCEPTION.—Notwithstanding sub5 sections (a) and (b), information provided in an applica6 tion for adjustment of status under this Act may be 

7 shared with Federal security and law enforcement agen8 cies— 

9 (1) for assistance in the consideration of an ap10 plication for adjustment of status under this Act; 

11 (2) to identify or prevent fraudulent claims; 

12 (3) for national security purposes; or 

13 (4) for the investigation or prosecution of any 

14 felony offense not related to immigration status. 

15 (d) PENALTY.—Any person who knowingly uses, pub16 lishes, or permits information to be examined in violation 

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

18 SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI19 CANTS. 

20 (a) ESTABLISHMENT.—The Secretary shall establish, 

21 within U.S. Citizenship and Immigration Services, a pro22 gram to award grants, on a competitive basis, to eligible 

23 nonprofit organizations that will use the funding to assist 

24 eligible applicants under this Act by providing them with 

25 the services described in subsection (b). 


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

2 this section shall be used for the design and implementa3 tion of programs that provide— 

4 (1) information to the public regarding the eli5 gibility and benefits of permanent resident status 

6 under this Act (whether on a conditional basis, or 

7 without the conditional basis as provided in section 

8 104(c)(2)), particularly to individuals potentially eli9 gible for such status; 

10 (2) assistance, within the scope of authorized 

11 practice of immigration law, to individuals submit12 ting applications for adjustment of status under this 

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

14 conditional basis as provided in section 104(c)(2)), 

15 including— 

16 (A) screening prospective applicants to as17 sess their eligibility for such status; 

18 (B) completing applications and petitions, 

19 including providing assistance in obtaining the 

20 requisite documents and supporting evidence; 

21 and 

22 (C) providing any other assistance that the 

23 Secretary or grantee considers useful or nec24 essary to apply for adjustment of status under 

25 this Act (whether on a conditional basis, or 


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1 without the conditional basis as provided in sec2 tion 104(c)(2)); and 

3 (3) assistance, within the scope of authorized 

4 practice of immigration law, and instruction, to indi5 viduals— 

6 (A) on the rights and responsibilities of 

7 United States citizenship; 

8 (B) in civics and English as a second lan9 guage; 

10 (C) in preparation for the General Edu11 cation Development test; and 

12 (D) in applying for adjustment of status 

13 and United States citizenship. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) AMOUNTS AUTHORIZED.—There are author16 ized to be appropriated such sums as may be nec17 essary for each of the fiscal years 2022 through 

18 2032 to carry out this section. 

19 (2) AVAILABILITY.—Any amounts appropriated 

20 pursuant to paragraph (1) shall remain available 

21 until expended. 

22 SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR AD23 JUSTMENT OF STATUS. 

24 An alien’s eligibility to be lawfully admitted for per25 manent residence under this Act (whether on a conditional 


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1 basis, or without the conditional basis as provided in sec2 tion 104(c)(2)) shall not preclude the alien from seeking 

3 any status under any other provision of law for which the 

4 alien may otherwise be eligible. 

5 SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED 

6 COUNSEL. 

7 (a) IN GENERAL.—Except as provided in section 302 

8 and in cases where the applicant is exempt from paying 

9 a fee under section 303(c), in any case in which a fee is 

10 charged pursuant to this Act, an additional surcharge of 

11 $25 shall be imposed and collected for the purpose of pro12 viding appointed counsel to applicants seeking judicial re13 view of the Secretary’s decision to provisionally deny an 

14 application under this Act. 

15 (b) IMMIGRATION COUNSEL ACCOUNT.—There is es16 tablished in the general fund of the Treasury a separate 

17 account which shall be known as the ‘‘Immigration Coun18 sel Account’’. Fees collected under subsection (a) shall be 

19 deposited into the Immigration Counsel Account and shall 

20 remain available until expended for purposes of providing 

21 appointed counsel as required under this Act. 

22 (c) REPORT.—At the end of each 2-year period, be23 ginning with the establishment of this account, the Sec24 retary of Homeland Security shall submit a report to the 

25 Congress concerning the status of the account, including 


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1 any balances therein, and recommend any adjustment in 

2 the prescribed fee that may be required to ensure that the 

3 receipts collected from the fee charged for the succeeding 

4 two years equal, as closely as possible, the cost of pro5 viding appointed counsel as required under this Act. 

6 SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AU7 THORITY. 

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

9 of this Act, and annually thereafter, the Secretary of 

10 Homeland Security shall submit to the Congress a report 

11 detailing the number of applicants that receive— 

12 (1) a provisional denial under this Act; 

13 (2) a final denial under this Act without seek14 ing judicial review; 

15 (3) a final denial under this Act after seeking 

16 judicial review; and 

17 (4) an approval under this Act after seeking ju18 dicial review. 

Æ 


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