IIB 

117TH CONGRESS 

1ST SESSION H. R. 6 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2021 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 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. 

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. Rule making. 

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. 

6 TITLE I—DREAM ACT OF 2021 

7 SEC. 101. SHORT TITLE. 

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


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1 SEC. 102. PERMANENT RESIDENT STATUS ON A CONDI2 TIONAL BASIS FOR CERTAIN LONG-TERM 

3 RESIDENTS WHO ENTERED THE UNITED 

4 STATES AS CHILDREN. 

5 (a) CONDITIONAL BASIS FOR STATUS.—Notwith6 standing any other provision of law, and except as pro7 vided in section 104(c)(2), an alien shall be considered, 

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

9 admitted for permanent residence under this section, to 

10 have obtained such status on a conditional basis subject 

11 to the provisions of this title. 

12 (b) REQUIREMENTS.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, the Secretary or the Attorney Gen15 eral shall adjust to the status of an alien lawfully 

16 admitted for permanent residence on a conditional 

17 basis, or without the conditional basis as provided in 

18 section 104(c)(2), an alien who is inadmissible or de19 portable from the United States, is subject to a 

20 grant of Deferred Enforced Departure, has tem21 porary protected status under section 244 of the Im22 migration and Nationality Act (8 U.S.C. 1254a), or 

23 is the son or daughter of an alien admitted as a non24 immigrant under subparagraphs (E)(i), (E)(ii), 

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

26 (8 U.S.C. 1101(a)(15)) if— 


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1 (A) the alien has been continuously phys2 ically present in the United States since Janu3 ary 1, 2021; 

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

5 younger on the date on which the alien entered 

6 the United States and has continuously resided 

7 in the United States since such entry; 

8 (C) the alien— 

9 (i) subject to paragraph (2), is not in10 admissible under paragraph (1), (6)(E), 

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

12 the Immigration and Nationality Act (8 

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

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

15 or otherwise participated in the persecution 

16 of any person on account of race, religion, 

17 nationality, membership in a particular so18 cial group, or political opinion; and 

19 (iii) is not barred from adjustment of 

20 status under this title based on the crimi21 nal and national security grounds de22 scribed under subsection (c), subject to the 

23 provisions of such subsection; and 

24 (D) the alien— 


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1 (i) has been admitted to an institution 

2 of higher education; 

3 (ii) has been admitted to an area ca4 reer and technical education school at the 

5 postsecondary level; 

6 (iii) in the United States, has ob7 tained— 

8 (I) a high school diploma or a 

9 commensurate alternative award from 

10 a public or private high school; 

11 (II) a General Education Devel12 opment credential, a high school 

13 equivalency diploma recognized under 

14 State law, or another similar State15 authorized credential; 

16 (III) a credential or certificate 

17 from an area career and technical 

18 education school at the secondary 

19 level; or 

20 (IV) a recognized postsecondary 

21 credential; or 

22 (iv) is enrolled in secondary school or 

23 in an education program assisting students 

24 in— 


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1 (I) obtaining a high school di2 ploma or its recognized equivalent 

3 under State law; 

4 (II) passing the General Edu5 cation Development test, a high school 

6 equivalence diploma examination, or 

7 other similar State-authorized exam; 

8 (III) obtaining a certificate or 

9 credential from an area career and 

10 technical education school providing 

11 education at the secondary level; or 

12 (IV) obtaining a recognized post13 secondary credential. 

14 (2) WAIVER OF GROUNDS OF INADMIS15 SIBILITY.—With respect to any benefit under this 

16 title, and in addition to the waivers under subsection 

17 (c)(2), the Secretary may waive the grounds of inad18 missibility under paragraph (1), (6)(E), (6)(G), or 

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

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

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

22 otherwise in the public interest. 

23 (3) APPLICATION FEE.— 

24 (A) IN GENERAL.—The Secretary may, 

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


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1 require an alien applying under this section to 

2 pay a reasonable fee that is commensurate with 

3 the cost of processing the application but does 

4 not exceed $495.00. 

5 (B) SPECIAL PROCEDURES FOR APPLI6 CANTS WITH DACA.—The Secretary shall estab7 lish a streamlined procedure for aliens who have 

8 been granted DACA and who meet the require9 ments for renewal (under the terms of the pro10 gram in effect on January 1, 2017) to apply for 

11 adjustment of status to that of an alien lawfully 

12 admitted for permanent residence on a condi13 tional basis under this section, or without the 

14 conditional basis as provided in section 

15 104(c)(2). Such procedure shall not include a 

16 requirement that the applicant pay a fee, except 

17 that the Secretary may require an applicant 

18 who meets the requirements for lawful perma19 nent residence without the conditional basis 

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

21 commensurate with the cost of processing the 

22 application, subject to the exemption under sec23 tion 303(c). 

24 (4) BACKGROUND CHECKS.—The Secretary 

25 may not grant an alien permanent resident status on 


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1 a conditional basis under this section until the re2 quirements of section 302 are satisfied. 

3 (5) MILITARY SELECTIVE SERVICE.—An alien 

4 applying for permanent resident status on a condi5 tional basis under this section, or without the condi6 tional basis as provided in section 104(c)(2), shall 

7 establish that the alien has registered under the 

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

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

10 such Act. 

11 (c) CRIMINAL AND NATIONAL SECURITY BARS.— 

12 (1) GROUNDS OF INELIGIBILITY.—Except as 

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

14 adjustment of status under this title (whether on a 

15 conditional basis or without the conditional basis as 

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

17 apply: 

18 (A) The alien is inadmissible under para19 graph (2) or (3) of section 212(a) of the Immi20 gration and Nationality Act (8 U.S.C. 1182(a)). 

21 (B) Excluding any offense under State law 

22 for which an essential element is the alien’s im23 migration status, and any minor traffic offense, 

24 the alien has been convicted of— 

25 (i) any felony offense; 


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1 (ii) three or more misdemeanor of2 fenses (excluding simple possession of can3 nabis or cannabis-related paraphernalia, 

4 any offense involving cannabis or cannabis5 related paraphernalia which is no longer 

6 prosecutable in the State in which the con7 viction was entered, and any offense involv8 ing civil disobedience without violence) not 

9 occurring on the same date, and not aris10 ing out of the same act, omission, or 

11 scheme of misconduct; or 

12 (iii) a misdemeanor offense of domes13 tic violence, unless the alien demonstrates 

14 that such crime is related to the alien hav15 ing been— 

16 (I) a victim of domestic violence, 

17 sexual assault, stalking, child abuse or 

18 neglect, abuse or neglect in later life, 

19 or human trafficking; 

20 (II) battered or subjected to ex21 treme cruelty; or 

22 (III) a victim of criminal activity 

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

24 of the Immigration and Nationality 

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


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1 (2) WAIVERS FOR CERTAIN MISDEMEANORS.— 

2 For humanitarian purposes, family unity, or if oth3 erwise in the public interest, the Secretary may— 

4 (A) waive the grounds of inadmissibility 

5 under subparagraphs (A), (C), and (D) of sec6 tion 212(a)(2) of the Immigration and Nation7 ality Act (8 U.S.C. 1182(a)(2)), unless the con8 viction forming the basis for inadmissibility 

9 would otherwise render the alien ineligible 

10 under paragraph (1)(B) (subject to subpara11 graph (B)); and 

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

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

14 (i) one misdemeanor offense if the 

15 alien has not been convicted of any offense 

16 in the 5-year period preceding the date on 

17 which the alien applies for adjustment of 

18 status under this title; or 

19 (ii) up to two misdemeanor offenses if 

20 the alien has not been convicted of any of21 fense in the 10-year period preceding the 

22 date on which the alien applies for adjust23 ment of status under this title. 

24 (3) AUTHORITY TO CONDUCT SECONDARY RE25 VIEW.— 


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1 (A) IN GENERAL.—Notwithstanding an 

2 alien’s eligibility for adjustment of status under 

3 this title, and subject to the procedures de4 scribed in this paragraph, the Secretary may, 

5 as a matter of non-delegable discretion, provi6 sionally deny an application for adjustment of 

7 status (whether on a conditional basis or with8 out the conditional basis as provided in section 

9 104(c)(2)) if the Secretary, based on clear and 

10 convincing evidence, which shall include credible 

11 law enforcement information, determines that 

12 the alien is described in subparagraph (B) or 

13 (D). 

14 (B) PUBLIC SAFETY.—An alien is de15 scribed in this subparagraph if— 

16 (i) excluding simple possession of can17 nabis or cannabis-related paraphernalia, 

18 any offense involving cannabis or cannabis19 related paraphernalia which is no longer 

20 prosecutable in the State in which the con21 viction was entered, any offense under 

22 State law for which an essential element is 

23 the alien’s immigration status, any offense 

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1 lence, and any minor traffic offense, the 

2 alien— 

3 (I) has been convicted of a mis4 demeanor offense punishable by a 

5 term of imprisonment of more than 

6 30 days; or 

7 (II) has been adjudicated delin8 quent in a State or local juvenile court 

9 proceeding that resulted in a disposi10 tion ordering placement in a secure 

11 facility; and 

12 (ii) the alien poses a significant and 

13 continuing threat to public safety related 

14 to such conviction or adjudication. 

15 (C) PUBLIC SAFETY DETERMINATION.— 

16 For purposes of subparagraph (B)(ii), the Sec17 retary shall consider the recency of the convic18 tion or adjudication; the length of any imposed 

19 sentence or placement; the nature and serious20 ness of the conviction or adjudication, including 

21 whether the elements of the offense include the 

22 unlawful possession or use of a deadly weapon 

23 to commit an offense or other conduct intended 

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1 gating factors pertaining to the alien’s role in 

2 the commission of the offense. 

3 (D) GANG PARTICIPATION.—An alien is 

4 described in this subparagraph if the alien has, 

5 within the 5 years immediately preceding the 

6 date of the application, knowingly, willfully, and 

7 voluntarily participated in offenses committed 

8 by a criminal street gang (as described in sub9 sections (a) and (c) of section 521 of title 18, 

10 United States Code) with the intent to promote 

11 or further the commission of such offenses. 

12 (E) EVIDENTIARY LIMITATION.—For pur13 poses of subparagraph (D), allegations of gang 

14 membership obtained from a State or Federal 

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

16 databases used for the purpose of recording and 

17 sharing activities of alleged gang members 

18 across law enforcement agencies, shall not es19 tablish the participation described in such para20 graph. 

21 (F) NOTICE.— 

22 (i) IN GENERAL.—Prior to rendering 

23 a discretionary decision under this para24 graph, the Secretary shall provide written 

25 notice of the intent to provisionally deny 


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

2 counsel of record, if any) by certified mail 

3 and, if an electronic mail address is pro4 vided, by electronic mail (or other form of 

5 electronic communication). Such notice 

6 shall— 

7 (I) articulate with specificity all 

8 grounds for the preliminary deter9 mination, including the evidence relied 

10 upon to support the determination; 

11 and 

12 (II) provide the alien with not 

13 less than 90 days to respond. 

14 (ii) SECOND NOTICE.—Not more than 

15 30 days after the issuance of the notice 

16 under clause (i), the Secretary shall pro17 vide a second written notice that meets the 

18 requirements of such clause. 

19 (iii) NOTICE NOT RECEIVED.—Not20 withstanding any other provision of law, if 

21 an applicant provides good cause for not 

22 contesting a provisional denial under this 

23 paragraph, including a failure to receive 

24 notice as required under this subpara25 graph, the Secretary shall, upon a motion 


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1 filed by the alien, reopen an application for 

2 adjustment of status under this title and 

3 allow the applicant an opportunity to re4 spond, consistent with clause (i)(II). 

5 (G) JUDICIAL REVIEW OF A PROVISIONAL

6 DENIAL.— 

7 (i) IN GENERAL.—Notwithstanding 

8 any other provision of law, if, after notice 

9 and the opportunity to respond under sub10 paragraph (F), the Secretary provisionally 

11 denies an application for adjustment of 

12 status under this Act, the alien shall have 

13 60 days from the date of the Secretary’s 

14 determination to seek review of such deter15 mination in an appropriate United States 

16 district court. 

17 (ii) SCOPE OF REVIEW AND DECI18 SION.—Notwithstanding any other provi19 sion of law, review under paragraph (1) 

20 shall be de novo and based solely on the 

21 administrative record, except that the ap22 plicant shall be given the opportunity to 

23 supplement the administrative record and 

24 the Secretary shall be given the oppor25 tunity to rebut the evidence and arguments 


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1 raised in such submission. Upon issuing its 

2 decision, the court shall remand the mat3 ter, with appropriate instructions, to the 

4 Department of Homeland Security to 

5 render a final decision on the application. 

6 (iii) APPOINTED COUNSEL.—Notwith7 standing any other provision of law, an ap8 plicant seeking judicial review under clause 

9 (i) shall be represented by counsel. Upon 

10 the request of the applicant, counsel shall 

11 be appointed for the applicant, in accord12 ance with procedures to be established by 

13 the Attorney General within 90 days of the 

14 date of the enactment of this Act, and 

15 shall be funded in accordance with fees col16 lected and deposited in the Immigration 

17 Counsel Account under section 312. 

18 (4) DEFINITIONS.—For purposes of this sub19 section— 

20 (A) the term ‘‘felony offense’’ means an of21 fense under Federal or State law that is pun22 ishable by a maximum term of imprisonment of 

23 more than 1 year; 

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

25 means an offense under Federal or State law 


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1 that is punishable by a term of imprisonment of 

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

3 and 

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

5 means any offense that has as an element the 

6 use, attempted use, or threatened use of phys7 ical force against a person committed by a cur8 rent or former spouse of the person, by an indi9 vidual with whom the person shares a child in 

10 common, by an individual who is cohabiting 

11 with or has cohabited with the person as a 

12 spouse, by an individual similarly situated to a 

13 spouse of the person under the domestic or 

14 family violence laws of the jurisdiction where 

15 the offense occurs, or by any other individual 

16 against a person who is protected from that in17 dividual’s acts under the domestic or family vio18 lence laws of the United States or any State, 

19 Indian Tribal government, or unit of local gov20 ernment. 

21 (d) LIMITATION ON REMOVAL OF CERTAIN ALIEN

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

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

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

25 opportunity to meet the educational requirements under 


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1 subparagraph (D) of such subsection. The Attorney Gen2 eral or the Secretary may not commence or continue with 

3 removal proceedings against such an alien. 

4 (e) WITHDRAWAL OF APPLICATION.—The Secretary 

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

6 for adjustment of status under this section, cease proc7 essing of the application, and close the case. Withdrawal 

8 of the application under this subsection shall not prejudice 

9 any future application filed by the applicant for any immi10 gration benefit under this title or under the Immigration 

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

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

13 CONDITIONAL BASIS. 

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

15 on a conditional basis is— 

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

17 period is extended by the Secretary; and 

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

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

20 alien obtains permanent resident status on a conditional 

21 basis, the Secretary shall provide notice to the alien re22 garding the provisions of this title and the requirements 

23 to have the conditional basis of such status removed. 


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

2 revoke the permanent resident status on a conditional 

3 basis of an alien only if the Secretary— 

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

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

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

7 (A) notice of the proposed revocation; and 

8 (B) the opportunity for a hearing to pro9 vide evidence that the alien meets such require10 ments or otherwise to contest the proposed rev11 ocation. 

12 (d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 

13 An alien whose permanent resident status on a conditional 

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

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

16 the alien had immediately before receiving permanent resi17 dent status on a conditional basis. 

18 SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMA19 NENT RESIDENT STATUS. 

20 (a) ELIGIBILITY FOR REMOVAL OF CONDITIONAL

21 BASIS.— 

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

23 the Secretary shall remove the conditional basis of 

24 an alien’s permanent resident status granted under 


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1 this title and grant the alien status as an alien law2 fully admitted for permanent residence if the alien— 

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

4 (B) has not abandoned the alien’s resi5 dence in the United States during the period in 

6 which the alien has permanent resident status 

7 on a conditional basis; and 

8 (C)(i) has obtained a degree from an insti9 tution of higher education, or has completed at 

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

11 the United States leading to a bachelor’s degree 

12 or higher degree or a recognized postsecondary 

13 credential from an area career and technical 

14 education school providing education at the 

15 postsecondary level; 

16 (ii) has served in the Uniformed Services 

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

18 an honorable discharge; or 

19 (iii) demonstrates earned income for peri20 ods totaling at least 3 years and at least 75 

21 percent of the time that the alien has had a 

22 valid employment authorization, except that, in 

23 the case of an alien who was enrolled in an in24 stitution of higher education, an area career 

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1 ognized postsecondary credential, or an edu2 cation program described in section 

3 102(b)(1)(D)(iii), the Secretary shall reduce 

4 such total 3-year requirement by the total of 

5 such periods of enrollment. 

6 (2) HARDSHIP EXCEPTION.—The Secretary 

7 shall remove the conditional basis of an alien’s per8 manent resident status and grant the alien status as 

9 an alien lawfully admitted for permanent residence 

10 if the alien— 

11 (A) satisfies the requirements under sub12 paragraphs (A) and (B) of paragraph (1); 

13 (B) demonstrates compelling circumstances 

14 for the inability to satisfy the requirements 

15 under subparagraph (C) of such paragraph; and 

16 (C) demonstrates that— 

17 (i) the alien has a disability; 

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

19 or 

20 (iii) the removal of the alien from the 

21 United States would result in hardship to 

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

23 child who is a national of the United 

24 States or is lawfully admitted for perma25 nent residence. 


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1 (3) CITIZENSHIP REQUIREMENT.— 

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

3 subparagraph (B), the conditional basis of an 

4 alien’s permanent resident status granted under 

5 this title may not be removed unless the alien 

6 demonstrates that the alien satisfies the re7 quirements under section 312(a) of the Immi8 gration and Nationality Act (8 U.S.C. 1423(a)). 

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

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

11 requirements under such section 312(a) due to 

12 disability. 

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

14 subject to an exemption under section 303(c), re15 quire aliens applying for removal of the conditional 

16 basis of an alien’s permanent resident status under 

17 this section to pay a reasonable fee that is commen18 surate with the cost of processing the application. 

19 (5) BACKGROUND CHECKS.—The Secretary 

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

21 permanent resident status until the requirements of 

22 section 302 are satisfied. 

23 (b) TREATMENT FOR PURPOSES OF NATURALIZA24 TION.— 


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

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

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

4 on a conditional basis shall be considered to have 

5 been admitted to the United States, and be present 

6 in the United States, as an alien lawfully admitted 

7 for permanent residence. 

8 (2) LIMITATION ON APPLICATION FOR NATU9 RALIZATION.—An alien may not apply for natu10 ralization while the alien is in permanent resident 

11 status on a conditional basis. 

12 (c) TIMING OF APPROVAL OF LAWFUL PERMANENT

13 RESIDENT STATUS.— 

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

15 resident status on a conditional basis under this title 

16 may apply to have such conditional basis removed at 

17 any time after such alien has met the eligibility re18 quirements set forth in subsection (a). 

19 (2) APPROVAL WITH REGARD TO INITIAL APPLI20 CATIONS.— 

21 (A) IN GENERAL.—Notwithstanding any 

22 other provision of law, the Secretary or the At23 torney General shall adjust to the status of an 

24 alien lawfully admitted for permanent resident 


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1 status without conditional basis, any alien 

2 who— 

3 (i) demonstrates eligibility for lawful 

4 permanent residence status on a condi5 tional basis under section 102(b); and 

6 (ii) subject to the exceptions described 

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

8 section, already has fulfilled the require9 ments of paragraphs (1) and (3) of sub10 section (a) of this section at the time such 

11 alien first submits an application for bene12 fits under this title. 

13 (B) BACKGROUND CHECKS.—Subsection 

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

15 permanent resident status without conditional 

16 basis in an initial application in the same man17 ner as it applies to an alien seeking removal of 

18 the conditional basis of an alien’s permanent 

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

20 construed to require the Secretary to conduct 

21 more than one identical security or law enforce22 ment background check on such an alien. 

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

24 alien seeking lawful permanent resident status 

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1 tion, the alien shall pay the fee required under 

2 subsection (a)(4), subject to the exemption al3 lowed under section 303(c), but shall not be re4 quired to pay the application fee under section 

5 102(b)(3). 

6 SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE 

7 RESIDENCY FOR PURPOSES OF HIGHER EDU8 CATION BENEFITS. 

9 (a) IN GENERAL.—Section 505 of the Illegal Immi10 gration Reform and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1623) is repealed. 

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

13 (a) shall take effect as if included in the original enact14 ment of the Illegal Immigration Reform and Immigrant 

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

16 208; 110 Stat. 3009–546). 

17 TITLE II—AMERICAN PROMISE 

18 ACT OF 2021 

19 SEC. 201. SHORT TITLE. 

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

21 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 adjust to the status of an alien lawfully admitted for per8 manent residence, an alien described in subsection (b) if 

9 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 public health emergency declared by the 

24 Secretary of Health and Human Services under 


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1 section 319 of the Public Health Service Act 

2 (42 U.S.C. 247d) with respect to COVID–19. 

3 (3) TRAVEL AUTHORIZED BY THE SEC4 RETARY.—Any period of travel outside of the United 

5 States by an alien that was authorized by the Sec6 retary may not be counted toward any period of de7 parture from the United States under paragraph 

8 (1). 

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

10 to aliens who were removed or departed the United States 

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

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

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

14 as a matter of discretion, waive the physical presence re15 quirement under section 102(b)(1)(A) or section 

16 202(a)(2) for humanitarian purposes, for family unity, or 

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

18 Secretary, in consultation with the Secretary of State, 

19 shall establish a procedure for such aliens to apply for re20 lief under section 102 or 202 from outside the United 

21 States if they would have been eligible for relief under 

22 such section, but for their removal or departure. 

23 SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. 

24 Nothing in this Act or in any other law may be con25 strued to apply a numerical limitation on the number of 


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1 aliens who may be granted permanent resident status 

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

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

4 SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDI5 CIAL REVIEW. 

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

7 days after the date of the enactment of this Act, the Sec8 retary shall provide to aliens who have applied for adjust9 ment of status under this Act a process by which an appli10 cant may seek administrative appellate review of a denial 

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

12 of such status. 

13 (b) JUDICIAL REVIEW.—Except as provided in sub14 section (c), and notwithstanding any other provision of 

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

16 application for adjustment of status, or a revocation of 

17 such status, under this Act in an appropriate United 

18 States district court. 

19 (c) STAY OF REMOVAL.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), an alien seeking administrative or judicial 

22 review under this Act may not be removed from the 

23 United States until a final decision is rendered es24 tablishing that the alien is ineligible for adjustment 

25 of status under this Act. 


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1 (2) EXCEPTION.—The Secretary may remove 

2 an alien described in paragraph (1) pending judicial 

3 review if such removal is based on criminal or na4 tional security grounds described in this Act. Such 

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

6 review under this Act. The Secretary shall promptly 

7 return a removed alien if a decision to deny an ap8 plication for adjustment of status under this Act, or 

9 to revoke such status, is reversed. 

10 SEC. 307. DOCUMENTATION REQUIREMENTS. 

11 (a) DOCUMENTS ESTABLISHING IDENTITY.—An 

12 alien’s application for permanent resident status under 

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

14 conditional basis as provided in section 104(c)(2)) may in15 clude, as evidence of identity, the following: 

16 (1) A passport or national identity document 

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

18 alien’s name and the alien’s photograph or finger19 print. 

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

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

22 (3) A school identification card that includes 

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

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

25 was enrolled at the school. 


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1 (4) A Uniformed Services identification card 

2 issued by the Department of Defense. 

3 (5) Any immigration or other document issued 

4 by the United States Government bearing the alien’s 

5 name and photograph. 

6 (6) A State-issued identification card bearing 

7 the alien’s name and photograph. 

8 (7) Any other evidence determined to be cred9 ible by the Secretary. 

10 (b) DOCUMENTS ESTABLISHING ENTRY, CONTIN11 UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF

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

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

14 the United States, and has continuously resided in the 

15 United States since such entry, as required under section 

16 102(b)(1)(B), that an alien has been continuously phys17 ically present in the United States, as required under sec18 tion 102(b)(1)(A) or 202(a)(2), or that an alien has not 

19 abandoned residence in the United States, as required 

20 under section 104(a)(1)(B), the alien may submit the fol21 lowing forms of evidence: 

22 (1) Passport entries, including admission 

23 stamps on the alien’s passport. 


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1 (2) Any document from the Department of Jus2 tice or the Department of Homeland Security noting 

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

4 (3) Records from any educational institution 

5 the alien has attended in the United States. 

6 (4) Employment records of the alien that in7 clude the employer’s name and contact information, 

8 or other records demonstrating earned income. 

9 (5) Records of service from the Uniformed 

10 Services. 

11 (6) Official records from a religious entity con12 firming the alien’s participation in a religious cere13 mony. 

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

15 in the United States. 

16 (8) Hospital or medical records showing med17 ical treatment or hospitalization, the name of the 

18 medical facility or physician, and the date of the 

19 treatment or hospitalization. 

20 (9) Automobile license receipts or registration. 

21 (10) Deeds, mortgages, or rental agreement 

22 contracts. 

23 (11) Rent receipts or utility bills bearing the 

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

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


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1 (12) Tax receipts. 

2 (13) Insurance policies. 

3 (14) Remittance records, including copies of 

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

5 (15) Travel records. 

6 (16) Dated bank transactions. 

7 (17) Two or more sworn affidavits from individ8 uals who are not related to the alien who have direct 

9 knowledge of the alien’s continuous physical pres10 ence in the United States, that contain— 

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

13 (B) the nature and duration of the rela14 tionship between the affiant and the alien. 

15 (18) Any other evidence determined to be cred16 ible by the Secretary. 

17 (c) DOCUMENTS ESTABLISHING ADMISSION TO AN

18 INSTITUTION OF HIGHER EDUCATION.—To establish that 

19 an alien has been admitted to an institution of higher edu20 cation, the alien may submit to the Secretary a document 

21 from the institution of higher education certifying that the 

22 alien— 

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

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

25 student. 


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1 (d) DOCUMENTS ESTABLISHING RECEIPT OF A DE2 GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 

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

4 institution of higher education in the United States, the 

5 alien may submit to the Secretary a diploma or other doc6 ument from the institution stating that the alien has re7 ceived such a degree. 

8 (e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH

9 SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP10 MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 

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

12 a high school diploma or a commensurate alternative 

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

14 the General Education Development credential, or other15 wise has satisfied section 102(b)(1)(D)(iii), the alien may 

16 submit to the Secretary the following: 

17 (1) A high school diploma, certificate of comple18 tion, or other alternate award. 

19 (2) A high school equivalency diploma or certifi20 cate recognized under State law. 

21 (3) Evidence that the alien passed a State-au22 thorized exam, including the General Education De23 velopment test, in the United States. 

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1 gram, such as a certification, certificate, or similar 

2 alternate award. 

3 (5) Evidence that the alien obtained a recog4 nized postsecondary credential. 

5 (6) Any other evidence determined to be cred6 ible by the Secretary. 

7 (f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN

8 EDUCATIONAL PROGRAM.—To establish that an alien is 

9 enrolled in any school or education program described in 

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

11 submit school records from the United States school that 

12 the alien is currently attending that include— 

13 (1) the name of the school; and 

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

15 current grade or educational level. 

16 (g) DOCUMENTS ESTABLISHING EXEMPTION FROM

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

18 from an application fee under this Act, the alien may sub19 mit to the Secretary the following relevant documents: 

20 (1) DOCUMENTS TO ESTABLISH AGE.—To es21 tablish that an alien meets an age requirement, the 

22 alien may provide proof of identity, as described in 

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

24 years of age or younger. 


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1 (2) DOCUMENTS TO ESTABLISH INCOME.—To 

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

3 (A) employment records or other records of 

4 earned income, including records that have been 

5 maintained by the Social Security Administra6 tion, the Internal Revenue Service, or any other 

7 Federal, State, or local government agency; 

8 (B) bank records; or 

9 (C) at least two sworn affidavits from indi10 viduals who are not related to the alien and 

11 who have direct knowledge of the alien’s work 

12 and income that contain— 

13 (i) the name, address, and telephone 

14 number of the affiant; and 

15 (ii) the nature and duration of the re16 lationship between the affiant and the 

17 alien. 

18 (3) DOCUMENTS TO ESTABLISH FOSTER CARE, 

19 LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC

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

21 care, lacks parental or familial support, or has a se22 rious, chronic disability, the alien may provide at 

23 least two sworn affidavits from individuals who are 

24 not related to the alien and who have direct knowl25 edge of the circumstances that contain— 


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

2 care, otherwise lacks any parental or other fa3 miliar support, or has a serious, chronic dis4 ability, as appropriate; 

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

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

9 (h) DOCUMENTS ESTABLISHING QUALIFICATION FOR

10 HARDSHIP EXEMPTION.—To establish that an alien satis11 fies one of the criteria for the hardship exemption set forth 

12 in section 104(a)(2)(C), the alien may submit to the Sec13 retary at least two sworn affidavits from individuals who 

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

15 of the circumstances that warrant the exemption, that 

16 contain— 

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

18 the affiant; and 

19 (2) the nature and duration of the relationship 

20 between the affiant and the alien. 

21 (i) DOCUMENTS ESTABLISHING SERVICE IN THE

22 UNIFORMED SERVICES.—To establish that an alien has 

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

24 if discharged, received an honorable discharge, the alien 

25 may submit to the Secretary— 


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

2 (2) a National Guard Report of Separation and 

3 Record of Service form 22; 

4 (3) personnel records for such service from the 

5 appropriate Uniformed Service; or 

6 (4) health records from the appropriate Uni7 formed Service. 

8 (j) DOCUMENTS ESTABLISHING EARNED INCOME.— 

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

10 earned income requirement under section 

11 104(a)(1)(C)(iii) by submitting records that— 

12 (A) establish compliance with such require13 ment; and 

14 (B) have been maintained by the Social Se15 curity Administration, the Internal Revenue 

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

17 government agency. 

18 (2) OTHER DOCUMENTS.—An alien who is un19 able to submit the records described in paragraph 

20 (1) may satisfy the earned income requirement by 

21 submitting at least two types of reliable documents 

22 that provide evidence of employment or other forms 

23 of earned income, including— 

24 (A) bank records; 

25 (B) business records; 


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1 (C) employer or contractor records; 

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

3 center, or organization that assists workers in 

4 employment; 

5 (E) sworn affidavits from individuals who 

6 are not related to the alien and who have direct 

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

8 (i) the name, address, and telephone 

9 number of the affiant; and 

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

12 alien; 

13 (F) remittance records; or 

14 (G) any other evidence determined to be 

15 credible by the Secretary. 

16 (k) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC17 UMENTS.—If the Secretary determines, after publication 

18 in the Federal Register and an opportunity for public com19 ment, that any document or class of documents does not 

20 reliably establish identity or that permanent resident sta21 tus under this Act (whether on a conditional basis, or 

22 without the conditional basis as provided in section 

23 104(c)(2)) is being obtained fraudulently to an unaccept24 able degree, the Secretary may prohibit or restrict the use 

25 of such document or class of documents. 


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1 SEC. 308. RULE MAKING. 

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 

24 solely on information provided in an application for adjust25 ment of status under this Act (including information pro26 vided during administrative or judicial review) or an appliVerDate Sep 11 2014 00:11 Mar 23, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H6.RFS H6

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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. 

Passed the House of Representatives March 18, 

2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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