Secretary, be granted an employment authorization docu-
ment. 
SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this Act (whether on a conditional 
basis or without the conditional basis as provided in sec-
tion 103(c)(2)) shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Im-
migration and Nationality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE 
OR RESIDENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain— 
(A) continuous physical presence in the 
United States under this Act if the alien has 
departed from the United States for any period 
exceeding 90 days or for any periods, in the ag-
gregate, exceeding 180 days; and 
(B) continuous residence in the United 
States under this Act if the alien has departed 
from the United States for any period exceeding 
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180 days, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that the alien did not in fact abandon resi-
dence in the United States during such period. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a par-
ent, grandparent, sibling, or child of the alien. 
(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary may not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
(c) WAIVER OF PHYSICAL PRESENCE.—With respect 
to aliens who were removed or departed the United States 
on or after January 20, 2017, and who were continuously 
physically present in the United States for at least 4 years 
prior to such removal or departure, the Secretary may, 
as a matter of discretion, waive the physical presence re-
quirement under section 101(b)(1)(A) for humanitarian 
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purposes, for family unity, or because a waiver is other-
wise in the public interest. The Secretary, in consultation 
with the Secretary of State, shall establish a procedure 
for such aliens to apply for relief under section 101 from 
outside the United States if they would have been eligible 
for relief under such section, but for their removal or de-
parture. 
SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 
Nothing in this Act or in any other law may be con-
strued to apply a numerical limitation on the number of 
aliens who may be granted permanent resident status 
under this Act (whether on a conditional basis, or without 
the conditional basis as provided in section 103(c)(2)). 
SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDI-
CIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary shall provide to aliens who have applied for adjust-
ment of status under this Act a process by which an appli-
cant may seek administrative appellate review of a denial 
of an application for adjustment of status, or a revocation 
of such status. 
(b) JUDICIAL REVIEW.—Except as provided in sub-
section (c), and notwithstanding any other provision of 
law, an alien may seek judicial review of a denial of an 
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application for adjustment of status, or a revocation of 
such status, under this Act in the United States district 
court with jurisdiction over the alien’s residence. 
(c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, if, after notice and the opportunity 
to respond under section 101(c)(3)(E), the Secretary 
provisionally denies an application for adjustment of 
status under this Act, the alien shall have 60 days 
from the date of the Secretary’s determination to 
seek review of such determination in the United 
States District Court for the District of Columbia or 
in the United States district court with jurisdiction 
over the alien’s residence. 
(2) SCOPE OF REVIEW AND DECISION.—Not-
withstanding any other provision of law, review 
under paragraph (1) shall be de novo and based 
solely on the administrative record, except that the 
applicant shall be given the opportunity to supple-
ment the administrative record and the Secretary 
shall be given the opportunity to rebut the evidence 
and arguments raised in such submission. Upon 
issuing its decision, the court shall remand the mat-
ter, with appropriate instructions, to the Depart-
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ment of Homeland Security to render a final deci-
sion on the application. 
(3) APPOINTED
COUNSEL.—Notwithstanding 
any other provision of law, an applicant seeking ju-
dicial review under paragraph (1) shall be rep-
resented by counsel. Upon the request of the appli-
cant, counsel shall be appointed for the applicant, in 
accordance with procedures to be established by the 
Attorney General within 90 days of the date of the 
enactment of this Act, and shall be funded in ac-
cordance with fees collected and deposited in the Im-
migration Counsel Account under section 212. 
(d) STAY OF REMOVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien seeking administrative or judicial 
review under this Act may not be removed from the 
United States until a final decision is rendered es-
tablishing that the alien is ineligible for adjustment 
of status under this Act. 
(2) EXCEPTION.—The Secretary may remove 
an alien described in paragraph (1) pending judicial 
review if such removal is based on criminal or na-
tional security grounds described in this Act. Such 
removal shall not affect the alien’s right to judicial 
review under this Act. The Secretary shall promptly 
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return a removed alien if a decision to deny an ap-
plication for adjustment of status under this Act, or 
to revoke such status, is reversed. 
SEC. 207. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this Act (whether on a conditional basis, or without the 
conditional basis as provided in section 103(c)(2)) may in-
clude, as evidence of identity— 
(1) a passport or national identity document 
from the alien’s country of origin that includes the 
alien’s name and the alien’s photograph or finger-
print; 
(2) the alien’s birth certificate and an identity 
card that includes the alien’s name and photograph; 
(3) a school identification card that includes the 
alien’s name and photograph, and school records 
showing the alien’s name and that the alien is or 
was enrolled at the school; 
(4) a Uniformed Services identification card 
issued by the Department of Defense; 
(5) any immigration or other document issued 
by the United States Government bearing the alien’s 
name and photograph; 
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(6) a State-issued identification card bearing 
the alien’s name and photograph; or 
(7) any other evidence determined to be credible 
by the Secretary. 
(b) DOCUMENTS ESTABLISHING ENTRY, CONTIN-
UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF 
RESIDENCE.—To establish that an alien was younger than 
18 years of age on the date on which the alien entered 
the United States, as required under section 101(b)(1)(B), 
that an alien has been continuously physically present in 
the United States, as required under section 101(b)(1)(A), 
or that an alien has not abandoned residence in the United 
States, as required under section 103(a)(1)(B), the alien 
may submit the following forms of evidence: 
(1) 
Passport 
entries, 
including 
admission 
stamps on the alien’s passport. 
(2) Any document from the Department of Jus-
tice or the Department of Homeland Security noting 
the alien’s date of entry into the United States. 
(3) Records from any educational institution 
the alien has attended in the United States. 
(4) Employment records of the alien that in-
clude the employer’s name and contact information, 
or other records demonstrating earned income. 
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(5) Records of service from the Uniformed 
Services. 
(6) Official records from a religious entity con-
firming the alien’s participation in a religious cere-
mony. 
(7) A birth certificate for a child who was born 
in the United States. 
(8) Hospital or medical records showing med-
ical treatment or hospitalization, the name of the 
medical facility or physician, and the date of the 
treatment or hospitalization. 
(9) Automobile license receipts or registration. 
(10) Deeds, mortgages, or rental agreement 
contracts. 
(11) Rent receipts or utility bills bearing the 
alien’s name or the name of an immediate family 
member of the alien, and the alien’s address. 
(12) Tax receipts. 
(13) Insurance policies. 
(14) Remittance records, including copies of 
money order receipts sent in or out of the country. 
(15) Travel records. 
(16) Dated bank transactions. 
(17) Two or more sworn affidavits from individ-
uals who are not related to the alien who have direct 
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knowledge of the alien’s continuous physical pres-
ence in the United States, that contain— 
(A) the name, address, and telephone num-
ber of the affiant; and 
(B) the nature and duration of the rela-
tionship between the affiant and the alien. 
(18) Any other evidence determined to be cred-
ible by the Secretary. 
(c) DOCUMENTS ESTABLISHING ADMISSION TO AN 
INSTITUTION OF HIGHER EDUCATION.—To establish that 
an alien has been admitted to an institution of higher edu-
cation, the alien may submit to the Secretary a document 
from the institution of higher education certifying that the 
alien— 
(1) has been admitted to the institution; or 
(2) is currently enrolled in the institution as a 
student. 
(d) DOCUMENTS ESTABLISHING RECEIPT OF A DE-
GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 
To establish that an alien has acquired a degree from an 
institution of higher education in the United States, the 
alien may submit to the Secretary a diploma or other doc-
ument from the institution stating that the alien has re-
ceived such a degree. 
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(e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH 
SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP-
MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 
To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative 
award from a public or private high school, has obtained 
the General Education Development credential, or other-
wise has satisfied section 101(b)(1)(D)(iii), the alien may 
submit to the Secretary— 
(1) a high school diploma, certificate of comple-
tion, or other alternate award; 
(2) a high school equivalency diploma or certifi-
cate recognized under State law; 
(3) evidence that the alien passed a State-au-
thorized exam, including the General Education De-
velopment test, in the United States; 
(4) evidence that the alien successfully com-
pleted an area career and technical education pro-
gram, such as a certification, certificate, or similar 
alternate award; 
(5) evidence that the alien obtained a recog-
nized postsecondary credential; or 
(6) any other evidence determined to be credible 
by the Secretary. 
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(f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN 
EDUCATIONAL PROGRAM.—To establish that an alien is 
enrolled in any school or education program described in 
section 101(b)(1)(D)(iv) or 103(a)(1)(C), the alien may 
submit school records from the United States school that 
the alien is currently attending that include— 
(1) the name of the school; and 
(2) the alien’s name, periods of attendance, and 
current grade or educational level. 
(g) DOCUMENTS ESTABLISHING EXEMPTION FROM 
APPLICATION FEES.—To establish that an alien is exempt 
from an application fee under section 203(c), the alien 
may submit to the Secretary the following relevant docu-
ments: 
(1) DOCUMENTS TO ESTABLISH AGE.—To es-
tablish that an alien meets an age requirement, the 
alien may provide proof of identity, as described in 
subsection (a), that establishes that the alien is 
younger than 18 years of age. 
(2) DOCUMENTS TO ESTABLISH INCOME.—To 
establish the alien’s income, the alien may provide— 
(A) employment records or other records of 
earned income that have been maintained by 
the Social Security Administration, the Internal 
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Revenue Service, or any other Federal, State, 
or local government agency; 
(B) bank records; or 
(C) at least 2 sworn affidavits from indi-
viduals who are not related to the alien and 
who have direct knowledge of the alien’s work 
and income that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien. 
(3) DOCUMENTS TO ESTABLISH FOSTER CARE, 
LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC 
DISABILITY.—To establish that the alien was in fos-
ter care, lacks parental or familial support, or has 
a serious, chronic disability, the alien may provide at 
least 2 sworn affidavits from individuals who are not 
related to the alien and who have direct knowledge 
of the circumstances that contain— 
(A) a statement that the alien is in foster 
care, otherwise lacks any parental or other fa-
miliar support, or has a serious, chronic dis-
ability, as appropriate; 
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(B) the name, address, and telephone num-
ber of the affiant; and 
(C) the nature and duration of the rela-
tionship between the affiant and the alien. 
(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR 
HARDSHIP EXEMPTION.—To establish that an alien satis-
fies one of the criteria for the hardship exemption set forth 
in section 103(a)(2)(A)(iii), the alien may submit to the 
Secretary at least 2 sworn affidavits from individuals who 
are not related to the alien and who have direct knowledge 
of the circumstances that warrant the exemption, that 
contain— 
(1) the name, address, and telephone number of 
the affiant; and 
(2) the nature and duration of the relationship 
between the affiant and the alien. 
(i) DOCUMENTS ESTABLISHING SERVICE
IN
THE 
UNIFORMED SERVICES.—To establish that an alien has 
served in the Uniformed Services for at least 2 years and, 
if discharged, received an honorable discharge, the alien 
may submit to the Secretary— 
(1) a Department of Defense form DD–214; 
(2) a National Guard Report of Separation and 
Record of Service form 22; 
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(3) personnel records for such service from the 
appropriate Uniformed Service; or 
(4) health records from the appropriate Uni-
formed Service. 
(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
(1) IN
GENERAL.—An alien may satisfy the 
earned 
income 
requirement 
under 
section 
103(a)(1)(C)(iii) by submitting records that— 
(A) establish compliance with such require-
ment; and 
(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
submitting at least 2 types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records; 
(C) employer or contractor records; 
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(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien; 
(F) remittance records; or 
(G) any other evidence determined to be 
credible by the Secretary. 
(k) AUTHORITY TO PROHIBIT USE
OF CERTAIN 
DOCUMENTS.—If the Secretary determines, after publica-
tion in the Federal Register and an opportunity for public 
comment, that any document or class of documents does 
not reliably establish identity or that permanent resident 
status under this Act (whether on a conditional basis, or 
without the conditional basis as provided in section 
103(c)(2)) is being obtained fraudulently to an unaccept-
able degree, the Secretary may prohibit or restrict the use 
of such document or class of documents. 
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SEC. 208. RULE MAKING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register interim final rules imple-
menting this Act, which shall allow eligible individuals to 
immediately apply for relief under section 101 or 
103(c)(2). Notwithstanding section 553 of title 5, United 
States Code, the regulation shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity for a period of public comment. The Secretary 
shall finalize such rules not later than 180 days after the 
date of publication. 
(b) PAPERWORK REDUCTION ACT.—The require-
ments under chapter 35 of title 44, United States Code, 
(commonly known as the ‘‘Paperwork Reduction Act’’) 
shall not apply to any action to implement this Act. 
SEC. 209. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information (including information provided during 
administrative or judicial review) provided in applications 
filed under this Act or in requests for DACA for the pur-
pose of immigration enforcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for adjust-
ment of status under this Act (including information pro-
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vided during administrative or judicial review) or an appli-
cation for DACA, may not refer an applicant to U.S. Im-
migration and Customs Enforcement, U.S. Customs and 
Border Protection, or any designee of either such entity. 
(c) LIMITED
EXCEPTION.—Notwithstanding sub-
sections (a) and (b), information provided in an applica-
tion for adjustment of status under this Act may be 
shared with Federal security and law enforcement agen-
cies— 
(1) for assistance in the consideration of an ap-
plication for adjustment of status under this Act; 
(2) to identify or prevent fraudulent claims; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony offense not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
SEC. 210. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish, within U.S. Citizenship and Immi-
gration Services, a program to award grants, on a com-
petitive basis, to eligible nonprofit organizations that will 
use the funding to assist eligible applicants under this Act 
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by providing them with the services described in sub-
section (b). 
(b) USE OF FUNDS.—Grant funds awarded under 
this section shall be used for the design and implementa-
tion of programs that provide— 
(1) information to the public regarding the eli-
gibility and benefits of permanent resident status 
under this Act (whether on a conditional basis, or 
without the conditional basis as provided in section 
103(c)(2)), particularly to individuals potentially eli-
gible for such status; 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for adjustment of status under this 
Act (whether on a conditional basis, or without the 
conditional basis as provided in section 103(c)(2)), 
including— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(B) completing applications and petitions, 
including providing assistance in obtaining the 
requisite documents and supporting evidence; 
and 
(C) providing any other assistance that the 
Secretary or grantee considers useful or nec-
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essary to apply for adjustment of status under 
this Act (whether on a conditional basis, or 
without the conditional basis as provided in sec-
tion 103(c)(2)); and 
(3) assistance, within the scope of authorized 
practice of immigration law, and instruction, to indi-
viduals— 
(A) on the rights and responsibilities of 
United States citizenship; 
(B) in civics and English as a second lan-
guage; 
(C) in preparation for the General Edu-
cation Development test; and 
(D) in applying for adjustment of status 
and United States citizenship. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) AMOUNTS AUTHORIZED.—There are author-
ized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2020 through 
2030 to carry out this section. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
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SEC. 211. PROVISIONS AFFECTING ELIGIBILITY FOR AD-
JUSTMENT OF STATUS. 
An alien’s eligibility to be lawfully admitted for per-
manent residence under this Act (whether on a conditional 
basis, or without the conditional basis as provided in sec-
tion 103(c)(2)) shall not preclude the alien from seeking 
any status under any other provision of law for which the 
alien may otherwise be eligible. 
SEC. 212. SUPPLEMENTARY SURCHARGE FOR APPOINTED 
COUNSEL. 
(a) IN GENERAL.—Except as provided in section 202 
and in cases where the applicant is exempt from paying 
a fee under section 203(c), in any case in which a fee is 
charged pursuant to this Act, an additional surcharge of 
$25 shall be imposed and collected for the purpose of pro-
viding appointed counsel to applicants seeking judicial re-
view of the Secretary’s decision to provisionally deny an 
application under section 206(c)(3). 
(b) IMMIGRATION COUNSEL ACCOUNT.—There is es-
tablished in the general fund of the Treasury a separate 
account which shall be known as the ‘‘Immigration Coun-
sel Account’’. Fees collected under subsection (a) shall be 
deposited into the Immigration Counsel Account and shall 
to remain available until expended for purposes of pro-
viding appointed counsel as required under this Act. 
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(c) REPORT.—At the end of each 2-year period, be-
ginning with the establishment of this account, the Sec-
retary of Homeland Security shall submit a report to the 
Congress concerning the status of the account, including 
any balances therein, and recommend any adjustment in 
the prescribed fee that may be required to ensure that the 
receipts collected from the fee charged for the succeeding 
two years equal, as closely as possible, the cost of pro-
viding appointed counsel as required under this Act. 
SEC. 213. ANNUAL REPORT ON PROVISIONAL DENIAL AU-
THORITY. 
Not later than 1 year after the date of the enactment 
of this Act, and annually thereafter, the Secretary of 
Homeland Security shall submit to the Congress a report 
detailing the number of applicants that receive— 
(1) a provisional denial under this Act; 
(2) a final denial under this Act without seek-
ing judicial review; 
(3) a final denial under this Act after seeking 
judicial review; and 
(4) an approval under this Act after seeking ju-
dicial review. 
Æ 
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