I 
116TH CONGRESS 
1ST SESSION H. R. 2821 
To authorize the cancellation of removal and adjustment of status of certain 
nationals of certain countries designated for temporary protected status 
or deferred enforced departure, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2019 
Ms. VELA´ZQUEZ (for herself and Ms. CLARKE of New York) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain nationals of certain countries des-
ignated for temporary protected status or deferred en-
forced departure, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Promise Act 
of 2019’’. 
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TITLE I—TREATMENT OF CER-
TAIN NATIONALS OF CERTAIN 
COUNTRIES 
DESIGNATED 
FOR 
TEMPORARY 
PRO-
TECTED 
STATUS 
OR 
DE-
FERRED ENFORCED DEPAR-
TURE 
SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATION-
ALS OF CERTAIN COUNTRIES DESIGNATED 
FOR TEMPORARY PROTECTED STATUS OR 
DEFERRED ENFORCED DEPARTURE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary or the Attorney General shall 
cancel the removal of, and adjust to the status of an alien 
lawfully admitted for permanent residence, an alien de-
scribed in subsection (b) if the alien— 
(1) applies for such adjustment, including sub-
mitting any required documents under section 207, 
not later than 3 years after the date of the enact-
ment of this Act; 
(2) has been continuously physically present in 
the United States for a period of not less than 3 
years before the date of the enactment of this Act; 
and 
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(3) is not inadmissible under paragraph (1), 
(2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), (10) of 
section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)). 
(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STA-
TUS.—An alien shall be eligible for adjustment of status 
under this section if the alien is an individual— 
(1) who— 
(A) is a national of a foreign state (or part 
thereof) (or in the case of an alien having no 
nationality, is a person who last habitually re-
sided in such state) with a designation under 
subsection (b) of section 244 of the Immigra-
tion and Nationality Act (8 U.S.C. 1254a(b)) 
on January 1, 2017, who had or was otherwise 
eligible for temporary protected status on such 
date notwithstanding subsections (c)(1)(A)(iv) 
and (c)(3)(C) of such section; and 
(B) has not engaged in conduct since such 
date that would render the alien ineligible for 
temporary 
protected 
status 
under 
section 
244(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1245a(c)(2)); or 
(2) who was eligible for Deferred Enforced De-
parture as of January 1, 2017, and has not engaged 
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in conduct since that date that would render the 
alien ineligible for Deferred Enforced Departure. 
(c) APPLICATION.— 
(1) FEE.—The Secretary shall, subject to an 
exemption under section 203(c), require an alien ap-
plying for adjustment of status under this section to 
pay a reasonable fee that is commensurate with the 
cost of processing the application, but does not ex-
ceed $1,140. 
(2) BACKGROUND
CHECKS.—The Secretary 
may not grant an alien permanent resident status on 
a conditional basis under this section until the re-
quirements of section 202 are satisfied. 
(3) WITHDRAWAL OF APPLICATION.—The Sec-
retary of Homeland Security shall, upon receipt of 
a request to withdraw an application for adjustment 
of status under this section, cease processing of the 
application and close the case. Withdrawal of the ap-
plication under this subsection shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
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TITLE II—GENERAL PROVISIONS 
SEC. 201. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this Act that is 
used in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) DISABILITY.—The term ‘‘disability’’ has the 
meaning given such term in section 3(1) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(1)). 
(3) FEDERAL POVERTY LINE.—The term ‘‘Fed-
eral poverty line’’ has the meaning given such term 
in section 213A(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1183a). 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given such term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(5) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(6) UNIFORMED
SERVICES.—The term ‘‘Uni-
formed Services’’ has the meaning given the term 
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‘‘uniformed services’’ in section 101(a) of title 10, 
United States Code. 
(b) TREATMENT OF EXPUNGED CONVICTIONS.—For 
purposes of adjustment of status under this Act, the terms 
‘‘convicted’’ and ‘‘conviction’’, as used in section 212 of 
the Immigration and Nationality Act (8 U.S.C. 1182), do 
not include a judgment that has been expunged or set 
aside, that resulted in a rehabilitative disposition, or the 
equivalent. 
SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant an alien adjustment 
of status under this Act unless the alien submits biometric 
and biographic data, in accordance with procedures estab-
lished by the Secretary. The Secretary shall provide an 
alternative procedure for aliens who are unable to provide 
such biometric or biographic data because of a physical 
impairment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary 
determines appropriate to conduct security and law en-
forcement background checks and to determine whether 
there is any criminal, national security, or other factor 
that would render the alien ineligible for adjustment of 
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status under this Act. The status of an alien may not be 
adjusted unless security and law enforcement background 
checks are completed to the satisfaction of the Secretary. 
SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND 
FEE EXEMPTION; WAIVER OF GROUNDS FOR 
INADMISSIBILITY AND OTHER CONDITIONS 
ON ELIGIBLE INDIVIDUALS. 
(a) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for relief under this Act 
shall be given a reasonable opportunity to apply for such 
relief and may not be removed until, subject to section 
206(c), a final decision establishing ineligibility for relief 
is rendered. 
(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been per-
mitted to depart voluntarily from the United States may, 
notwithstanding such order or permission to depart, apply 
for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall cancel the order 
of removal. If the Secretary renders a final administrative 
decision to deny the application, the order of removal or 
permission to depart shall be effective and enforceable to 
the same extent as if the application had not been made, 
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only after all available administrative and judicial rem-
edies have been exhausted. 
(c) FEE EXEMPTION.—An applicant may be exempt-
ed from paying an application fee required under this Act 
if the applicant— 
(1) is younger than 18 years of age; 
(2) received total income, during the 12-month 
period immediately preceding the date on which the 
applicant files an application under this Act, that is 
less than 150 percent of the Federal poverty line; 
(3) is in foster care or otherwise lacks any pa-
rental or other familial support; or 
(4) cannot care for himself or herself because of 
a serious, chronic disability. 
(d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 
With respect to any benefit under this Act, the Secretary 
may waive the grounds of inadmissibility under paragraph 
(1), subparagraphs (A) through (E) of paragraph (2), sub-
paragraphs (D) through (G) of paragraph (6), or para-
graph (10)(D) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) for humanitarian pur-
poses, for family unity, or because the waiver is otherwise 
in the public interest. 
(e) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
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status under this Act and ending on the date on which 
the Secretary makes a final decision regarding such appli-
cation, the alien shall be eligible to apply for advance pa-
role. Section 101(g) of the Immigration and Nationality 
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 
advance parole under this section. 
(f) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this Act, or who has pending an application 
under this Act, shall, upon application to the Secretary, 
be granted an employment authorization document. 
SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence in the United States of an 
alien who applies for adjustment of status under this Act 
shall not terminate when the alien is served a notice to 
appear under section 239(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous physical presence 
in the United States under this Act if the alien has 
departed from the United States for any period ex-
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ceeding 90 days or for any periods, in the aggregate, 
exceeding 180 days. 
(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(a)(2) for humanitarian pur-
poses, for family unity, or because a waiver is otherwise 
in the public interest. The Secretary, in consultation with 
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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 departure. 
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. 
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.—Notwithstanding any other 
provision of law, an alien may seek judicial review of a 
denial of an application for adjustment of status, or a rev-
ocation of such status, under this Act in the United States 
district court with jurisdiction over the alien’s residence. 
(c) STAY OF REMOVAL.— 
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(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. Such removal does not af-
fect the alien’s right to judicial review under this 
Act. The Secretary shall promptly return a removed 
alien if a decision to deny an application for adjust-
ment of status under this Act, or to revoke such sta-
tus, is reversed. 
SEC. 207. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this Act may include, 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; 
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(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; 
(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 CONTINUOUS PHYS-
ICAL PRESENCE.—To establish that an alien has been 
continuously physically present in the United States, as 
required under section 101(a)(2), 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. 
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(4) Employment records of the alien that in-
clude the employer’s name and contact information. 
(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. 
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(17) Two or more sworn affidavits from individ-
uals who are not related to the alien who have direct 
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 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. 
(d) 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 is being obtained fraudulently to an 
unacceptable degree, the Secretary may prohibit or re-
strict the use of such document or class of documents. 
SEC. 208. RULEMAKING. 
(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. Notwith-
standing section 553 of title 5, United States Code, the 
regulation shall be effective, on an interim basis, imme-
diately upon publication, but may be subject to change and 
revision after public notice and opportunity for a period 
of public comment. The Secretary shall finalize such rules 
not later than 180 days after the date of publication. 
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(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 provided in applications filed under this 
Act (including information provided during administrative 
or judicial review) for the purpose of immigration enforce-
ment. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for adjust-
ment of status under this Act (including information pro-
vided during administrative or judicial review), may not 
refer an applicant to U.S. Immigration and Customs En-
forcement, 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; 
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