I 
112TH CONGRESS 
2D SESSION 
H. R. 3823 
To authorize the cancellation of removal and adjustment of status of certain 
aliens who are long-term United States residents and who entered the 
United States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 24, 2012 
Mr. RIVERA introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Ways and Means, 
Armed Services, and Homeland Security, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain aliens who are long-term United 
States residents and who entered the United States as 
children, 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— 
(1) the ‘‘Adjusted Residency for Military Serv-
ice Act’’; or 
(2) the ‘‘ARMS Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Cancellation of removal of certain long-term residents who entered the 
United States as children. 
Sec. 5. Conditional nonimmigrant status. 
Sec. 6. Adjustment of status. 
Sec. 7. Treatment of aliens meeting requirements for extension of conditional 
nonimmigrant status. 
Sec. 8. Exclusive jurisdiction. 
Sec. 9. Penalties for false statements. 
Sec. 10. Confidentiality of information. 
Sec. 11. Treatment of conditional nonimmigrants for certain purposes. 
Sec. 12. Military enlistment. 
Sec. 13. GAO report. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, a term used in this Act that is used 
in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) CONDITIONAL NONIMMIGRANT.— 
(A) DEFINITION.—The term ‘‘conditional 
nonimmigrant’’ means an alien who is granted 
conditional nonimmigrant status under this Act. 
(B) DESCRIPTION.—A conditional non-
immigrant— 
(i) shall be considered to be an alien 
within a nonimmigrant class for purposes 
of the immigration laws; 
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(ii) may have the intention perma-
nently to reside in the United States; and 
(iii) is not required to have a foreign 
residence which the alien has no intention 
of abandoning. 
(3) 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)). 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002), except 
that the term does not include an institution of high-
er education outside the United States. 
(5) MILITARY-RELATED
TERMS.—The terms 
‘‘armed forces’’, ‘‘active duty’’, ‘‘active service’’, and 
‘‘active status’’ have the meanings given those terms 
in section 101 of title 10, United States Code. 
SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG- 
TERM 
RESIDENTS 
WHO 
ENTERED 
THE 
UNITED STATES AS CHILDREN. 
(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES AS CHIL-
DREN.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law and except as otherwise provided in 
this Act, the Secretary of Homeland Security may 
cancel removal of an alien who is inadmissible or de-
portable from the United States, and grant the alien 
conditional nonimmigrant status, if the alien dem-
onstrates by a preponderance of the evidence that— 
(A) the alien has been physically present in 
the United States for a continuous period of 
not less than 5 years immediately preceding the 
date of the enactment of this Act and was 
younger than 16 years of age on the date the 
alien initially entered the United States; 
(B) the alien has been a person of good 
moral character since the date the alien initially 
entered the United States; 
(C) subject to paragraph (2), the alien— 
(i) is not inadmissible under para-
graph (1), (2), (3), (4), (6)(E), (6)(G), (8), 
(10)(A), (10)(C), or (10)(D) of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)); 
(ii) is not deportable under paragraph 
(1)(E), (1)(G), (2), (4), (5), or (6) of sec-
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tion 237(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)); 
(iii) has not ordered, incited, assisted, 
or otherwise participated in the persecution 
of any person on account of race, religion, 
nationality, membership in a particular so-
cial group, or political opinion; and 
(iv) has not been convicted of— 
(I) any offense under Federal or 
State law punishable by a maximum 
term of imprisonment of more than 1 
year; or 
(II) 3 or more offenses under 
Federal or State law, for which the 
alien was convicted on different dates 
for each of the 3 offenses and sen-
tenced to imprisonment for an aggre-
gate of 90 days or more; 
(D) the alien— 
(i) has been admitted to an institution 
of higher education in the United States; 
or 
(ii) has earned a high school diploma 
or obtained a general education develop-
ment certificate in the United States; 
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(E) the alien has never been under a final 
administrative or judicial order of exclusion, de-
portation, or removal, unless the alien— 
(i) has remained in the United States 
under color of law after such order was 
issued; or 
(ii) received the order before attaining 
the age of 16 years; and 
(F) the alien was younger than 30 years of 
age on the date of the enactment of this Act. 
(2) WAIVER.—With respect to any benefit 
under this Act, the Secretary of Homeland Security 
may waive the ground of inadmissibility under para-
graph (1), (4), or (6) of section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)) and 
the ground of deportability under paragraph (1) of 
section 237(a) of that Act (8 U.S.C. 1227(a)) for 
humanitarian purposes or family unity or when it is 
otherwise in the public interest. 
(3) PROCEDURES.—The Secretary of Homeland 
Security shall provide a procedure by regulation al-
lowing eligible individuals to apply affirmatively for 
the relief available under this subsection without 
being placed in removal proceedings. 
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(4) SURCHARGE.—The Secretary of Homeland 
Security shall charge and collect a surcharge of 
$525 per application on all applications for relief 
under this subsection. Such surcharge shall be in ad-
dition to the otherwise applicable application fee im-
posed for the purpose of recovering the full costs of 
providing adjudication and processing services. Not-
withstanding any other provision of law, including 
section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356), any surcharge collected under this 
paragraph shall be deposited as offsetting receipts in 
the General Fund of the Treasury and shall not be 
available for obligation or expenditure. 
(5) DEADLINE FOR SUBMISSION OF APPLICA-
TION.—An alien shall submit an application for can-
cellation of removal and conditional nonimmigrant 
status under this subsection no later than the date 
that is 1 year after the later of— 
(A) the date the alien earned a high school 
diploma or obtained a general education devel-
opment certificate in the United States; or 
(B) the effective date of the interim regu-
lations under subsection (d). 
(6) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary of Homeland Secu-
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