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(3) CITIZENSHIP REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the conditional basis of an 
alien’s permanent resident status granted under 
this title may not be removed unless the alien 
demonstrates that the alien satisfies the re-
quirements under section 312(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1423(a)). 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to an alien who is unable to meet the 
requirements under such section 312(a) due to 
disability. 
(4) APPLICATION
FEE.—The Secretary may, 
subject to an exemption under section 303(c), re-
quire aliens applying for removal of the conditional 
basis of an alien’s permanent resident status under 
this section to pay a reasonable fee that is commen-
surate with the cost of processing the application. 
(5) BACKGROUND
CHECKS.—The Secretary 
may not remove the conditional basis of an alien’s 
permanent resident status until the requirements of 
section 302 are satisfied. 
(b) TREATMENT FOR PURPOSES OF NATURALIZA-
TION.— 
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(1) IN GENERAL.—For purposes of title III of 
the Immigration and Nationality Act (8 U.S.C. 1401 
et seq.), an alien granted permanent resident status 
on a conditional basis shall be considered to have 
been admitted to the United States, and be present 
in the United States, as an alien lawfully admitted 
for permanent residence. 
(2) LIMITATION ON APPLICATION FOR NATU-
RALIZATION.—An alien may not apply for natu-
ralization while the alien is in permanent resident 
status on a conditional basis. 
(c) TIMING OF APPROVAL OF LAWFUL PERMANENT 
RESIDENT STATUS.— 
(1) IN GENERAL.—An alien granted permanent 
resident status on a conditional basis under this title 
may apply to have such conditional basis removed at 
any time after such alien has met the eligibility re-
quirements set forth in subsection (a). 
(2) APPROVAL WITH REGARD TO INITIAL APPLI-
CATIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Secretary or the At-
torney General shall adjust to the status of an 
alien lawfully admitted for permanent resident 
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status without conditional basis, any alien 
who— 
(i) demonstrates eligibility for lawful 
permanent residence status on a condi-
tional basis under section 102(b); and 
(ii) subject to the exceptions described 
in subsections (a)(2) and (a)(3)(B) of this 
section, already has fulfilled the require-
ments of paragraphs (1) and (3) of sub-
section (a) of this section at the time such 
alien first submits an application for bene-
fits under this title. 
(B) BACKGROUND
CHECKS.—Subsection 
(a)(5) shall apply to an alien seeking lawful 
permanent resident status without conditional 
basis in an initial application in the same man-
ner as it applies to an alien seeking removal of 
the conditional basis of an alien’s permanent 
resident status. Section 102(b)(4) shall not be 
construed to require the Secretary to conduct 
more than one identical security or law enforce-
ment background check on such an alien. 
(C) APPLICATION FEES.—In the case of an 
alien seeking lawful permanent resident status 
without conditional basis in an initial applica-
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tion, the alien shall pay the fee required under 
subsection (a)(4), subject to the exemption al-
lowed under section 303(c), but shall not be re-
quired to pay the application fee under section 
102(b)(3). 
SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is repealed. 
(b) EFFECTIVE DATE.—The repeal under subsection 
(a) shall take effect as if included in the original enact-
ment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104– 
208; 110 Stat. 3009–546). 
TITLE II—AMERICAN PROMISE 
ACT OF 2021 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘American Promise Act 
of 2021’’. 
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