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(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-
essary to apply for adjustment of status under 
this title (whether on a conditional basis, or 
without the conditional basis as provided in sec-
tion 113(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-
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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. 
SEC. 131. PROVISIONS AFFECTING ELIGIBILITY FOR AD-
JUSTMENT OF STATUS. 
An alien’s eligibility to be lawfully admitted for per-
manent residence under this title (whether on a condi-
tional basis, or without the conditional basis as provided 
in section 113(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. 132. SUPPLEMENTARY SURCHARGE FOR APPOINTED 
COUNSEL. 
(a) IN GENERAL.—Except as provided in section 122 
and in cases where the applicant is exempt from paying 
a fee under section 123(c), in any case in which a fee is 
charged pursuant to this title, 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 126(c)(3). 
(b) IMMIGRATION COUNSEL ACCOUNT.—There is es-
tablished in the general fund of the Treasury a separate 
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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 title. 
(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 title. 
SEC. 133. 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 title; 
(2) a final denial under this title without seek-
ing judicial review; 
(3) a final denial under this title after seeking 
judicial review; and 
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(4) an approval under this title after seeking ju-
dicial review. 
TITLE II—AMERICAN PROMISE 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘American Promise Act 
of 2019’’. 
Subtitle A—Treatment of Certain 
Nationals of Certain Countries 
Designated for Temporary Pro-
tected Status or Deferred En-
forced Departure 
SEC. 211. 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 227, 
not later than 3 years after the date of the enact-
ment of this Act; 
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(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 
(3) is not inadmissible under paragraph (1), 
(2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (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 
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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 
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 223(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 222 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 title or under the Im-
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(6) UNIFORMED
SERVICES.—The term ‘‘Uni-
formed Services’’ has the meaning given the term 
‘‘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 title, the 
terms ‘‘convicted’’ and ‘‘conviction’’, as used in sections 
212 and 244 of the Immigration and Nationality Act (8 
U.S.C. 1182, 1254a), do not include a judgment that has 
been expunged or set aside, that resulted in a rehabilita-
tive disposition, or the equivalent. 
SEC. 222. 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 title 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 
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there is any criminal, national security, or other factor 
that would render the alien ineligible for adjustment of 
status under this title. The status of an alien may not 
be adjusted unless security and law enforcement back-
ground checks are completed to the satisfaction of the Sec-
retary. 
SEC. 223. 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 title 
shall be given a reasonable opportunity to apply for such 
relief and may not be removed until, subject to section 
226(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 title. 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 
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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, 
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 title 
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 title, 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.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to any benefit under this 
title, and in addition to any waivers that are other-
wise available, the Secretary may waive the grounds 
of inadmissibility under paragraph (1), subpara-
graphs (A), (C), and (D) of paragraph (2), subpara-
graphs (D) through (G) of paragraph (6), or para-
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graph (10)(D) of section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)) for humani-
tarian purposes, for family unity, or because the 
waiver is otherwise in the public interest. 
(2) EXCEPTION.—The Secretary may not waive 
a ground described in paragraph (1) if such inad-
missibility is based on a conviction or convictions, 
and such conviction or convictions would otherwise 
render 
the 
alien 
ineligible 
under 
section 
244(c)(2)(B) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(c)(2)(B)). 
(e) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this title 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 title, or who has pending an application 
under this title, shall, upon application to the Secretary, 
be granted an employment authorization document. 
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SEC. 224. 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 title 
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 title if the alien has 
departed from the United States for any period ex-
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 
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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 3 years 
prior to such removal or departure, the Secretary may, 
as a matter of discretion, waive the physical presence re-
quirement under section 211(a)(2) for humanitarian pur-
poses, for family unity, or because a waiver is otherwise 
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 211 from outside 
the United States if they would have been eligible for relief 
under such section, but for their removal or departure. 
SEC. 225. EXEMPTION FROM NUMERICAL LIMITATIONS. 
Nothing in this title 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 title. 
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SEC. 226. 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 title 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 title in the United 
States district court with jurisdiction over the alien’s resi-
dence. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien seeking administrative or judicial 
review under this title 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 title. 
(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-
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fect the alien’s right to judicial review under this 
title. The Secretary shall promptly return a removed 
alien if a decision to deny an application for adjust-
ment of status under this title, or to revoke such 
status, is reversed. 
SEC. 227. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this title may include, as evidence of identity, the fol-
lowing: 
(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. 
(7) Any other evidence determined to be cred-
ible by the Secretary. 
(b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS-
ICAL PRESENCE.—An alien’s application for permanent 
resident status under this title may include, as evidence 
that the alien has been continuously physically present in 
the United States, as required under section 211(a)(2), 
the following: 
(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. 
(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. 
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(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 
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 
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(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.—An alien’s application for perma-
nent resident status under this title may include, as evi-
dence that the alien is exempt from an application fee 
under section 223(c), the following: 
(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, including records that have been 
maintained by the Social Security Administra-
tion, the Internal Revenue Service, or any other 
Federal, State, or local government agency; 
(B) bank records; or 
(C) at least two sworn affidavits from indi-
viduals who are not related to the alien and 
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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 is in foster 
care, lacks parental or familial support, or has a se-
rious, chronic disability, the alien may provide at 
least two sworn affidavits from individuals who are 
not related to the alien and who have direct knowl-
edge 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; 
(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 DOC-
UMENTS.—If the Secretary determines, after publication 
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in the Federal Register and an opportunity for public com-
ment, that any document or class of documents does not 
reliably establish identity or that permanent resident sta-
tus under this title 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. 228. 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 title, which shall allow eligible individuals to 
immediately apply for relief under section 211. 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. 
(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 title. 
SEC. 229. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information provided in applications filed under this 
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title (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 title (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 title 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 title; 
(2) to identify or prevent fraudulent claims; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony 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. 
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SEC. 230. 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 title 
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 title, particularly to individuals poten-
tially eligible 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 
title, 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 
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(C) providing any other assistance that the 
Secretary or grantee considers useful or nec-
essary to apply for adjustment of status under 
this title; 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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