303 
Military Selective Service Act (50 U.S.C. 3801 et 
seq.), if the alien is subject to registration under 
such Act. 
(c) CRIMINAL AND NATIONAL SECURITY BARS.— 
(1) GROUNDS
OF
INELIGIBILITY.—Except as 
provided in paragraph (2), an alien is ineligible for 
adjustment of status under this title (whether on a 
conditional basis or without the conditional basis as 
provided in section 21004(c)(2)) if any of the fol-
lowing apply: 
(A) The alien is inadmissible under para-
graph (2) or (3) of section 212(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)). 
(B) Excluding any offense under State law 
for which an essential element is the alien’s im-
migration status, and any minor traffic offense, 
the alien has been convicted of— 
(i) any felony offense; 
(ii) two or more misdemeanor offenses 
(excluding simple possession of cannabis or 
cannabis-related paraphernalia, any offense 
involving cannabis or cannabis-related par-
aphernalia which is no longer prosecutable 
in the State in which the conviction was 
entered, and any offense involving civil dis-
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304 
obedience without violence) not occurring 
on the same date, and not arising out of 
the same act, omission, or scheme of mis-
conduct; or 
(iii) a misdemeanor offense of domes-
tic violence, unless the alien demonstrates 
that such crime is related to the alien hav-
ing been— 
(I) a victim of domestic violence, 
sexual assault, stalking, child abuse or 
neglect, abuse or neglect in later life, 
or human trafficking; 
(II) battered or subjected to ex-
treme cruelty; or 
(III) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) 
of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)(iii)). 
(2) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may— 
(A) waive the grounds of inadmissibility 
under subparagraphs (A), (C), and (D) of sec-
tion 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)), unless the con-
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305 
viction forming the basis for inadmissibility 
would otherwise render the alien ineligible 
under paragraph (1)(B) (subject to subpara-
graph (B)); and 
(B) for purposes of clauses (ii) and (iii) of 
paragraph (1)(B), waive consideration of— 
(i) one misdemeanor offense if the 
alien has not been convicted of any offense 
in the 5-year period preceding the date on 
which the alien applies for adjustment of 
status under this title; or 
(ii) up to two misdemeanor offenses if 
the alien has not been convicted of any of-
fense in the 10-year period preceding the 
date on which the alien applies for adjust-
ment of status under this title. 
(3) AUTHORITY TO CONDUCT SECONDARY RE-
VIEW.— 
(A) IN
GENERAL.—Notwithstanding an 
alien’s eligibility for adjustment of status under 
this title, and subject to the procedures de-
scribed in this paragraph, the Secretary may, 
as a matter of non-delegable discretion, provi-
sionally deny an application for adjustment of 
status (whether on a conditional basis or with-
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306 
out the conditional basis as provided in section 
21004(c)(2)) if the Secretary, based on clear 
and convincing evidence, which shall include 
credible law enforcement information, deter-
mines that the alien is described in subpara-
graph (B) or (D). 
(B) PUBLIC
SAFETY.—An alien is de-
scribed in this subparagraph if— 
(i) excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, any offense under 
State law for which an essential element is 
the alien’s immigration status, any offense 
involving civil disobedience without vio-
lence, and any minor traffic offense, the 
alien— 
(I) has been convicted of a mis-
demeanor offense punishable by a 
term of imprisonment of more than 
30 days; or 
(II) has been adjudicated delin-
quent in a State or local juvenile court 
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307 
proceeding that resulted in a disposi-
tion ordering placement in a secure 
facility; and 
(ii) the alien poses a significant and 
continuing threat to public safety related 
to such conviction or adjudication. 
(C) PUBLIC
SAFETY
DETERMINATION.— 
For purposes of subparagraph (B)(ii), the Sec-
retary shall consider the recency of the convic-
tion or adjudication; the length of any imposed 
sentence or placement; the nature and serious-
ness of the conviction or adjudication, including 
whether the elements of the offense include the 
unlawful possession or use of a deadly weapon 
to commit an offense or other conduct intended 
to cause serious bodily injury; and any miti-
gating factors pertaining to the alien’s role in 
the commission of the offense. 
(D) GANG
PARTICIPATION.—An alien is 
described in this subparagraph if the alien has, 
within the 5 years immediately preceding the 
date of the application, knowingly, willfully, and 
voluntarily participated in offenses committed 
by a criminal street gang (as described in sub-
sections (a) and (c) of section 521 of title 18, 
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308 
United States Code) with the intent to promote 
or further the commission of such offenses. 
(E) EVIDENTIARY LIMITATION.—For pur-
poses of subparagraph (D), allegations of gang 
membership obtained from a State or Federal 
in-house or local database, or a network of 
databases used for the purpose of recording and 
sharing activities of alleged gang members 
across law enforcement agencies, shall not es-
tablish the participation described in such para-
graph. 
(F) NOTICE.— 
(i) IN GENERAL.—Prior to rendering 
a discretionary decision under this para-
graph, the Secretary shall provide written 
notice of the intent to provisionally deny 
the application to the alien (or the alien’s 
counsel of record, if any) by certified mail 
and, if an electronic mail address is pro-
vided, by electronic mail (or other form of 
electronic communication). Such notice 
shall— 
(I) articulate with specificity all 
grounds for the preliminary deter-
mination, including the evidence relied 
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309 
upon to support the determination; 
and 
(II) provide the alien with not 
less than 90 days to respond. 
(ii) SECOND NOTICE.—Not more than 
30 days after the issuance of the notice 
under clause (i), the Secretary shall pro-
vide a second written notice that meets the 
requirements of such clause. 
(iii) NOTICE
NOT
RECEIVED.—Not-
withstanding any other provision of law, if 
an applicant provides good cause for not 
contesting a provisional denial under this 
paragraph, including a failure to receive 
notice as required under this subpara-
graph, the Secretary shall, upon a motion 
filed by the alien, reopen an application for 
adjustment of status under this title and 
allow the applicant an opportunity to re-
spond, consistent with clause (i)(II). 
(G) JUDICIAL REVIEW OF A PROVISIONAL 
DENIAL.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, if, after notice 
and the opportunity to respond under sub-
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310 
paragraph (F), 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 deter-
mination in an appropriate United States 
district court. 
(ii) SCOPE
OF
REVIEW
AND
DECI-
SION.—Notwithstanding any other provi-
sion of law, review under paragraph (1) 
shall be de novo and based solely on the 
administrative record, except that the ap-
plicant shall be given the opportunity to 
supplement the administrative record and 
the Secretary shall be given the oppor-
tunity 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 
Department of Homeland Security to 
render a final decision on the application. 
(iii) APPOINTED COUNSEL.—Notwith-
standing any other provision of law, an ap-
plicant seeking judicial review under clause 
(i) shall be represented by counsel. Upon 
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311 
the request of the applicant, counsel shall 
be appointed for the applicant, in accord-
ance 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 accordance with fees col-
lected and deposited in the Immigration 
Counsel Account under section 23012. 
(4) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘felony offense’’ means an of-
fense under Federal or State law that is pun-
ishable by a maximum term of imprisonment of 
more than 1 year; 
(B) the term ‘‘misdemeanor offense’’ 
means an offense under Federal or State law 
that is punishable by a term of imprisonment of 
more than 5 days but not more than 1 year; 
and 
(C) the term ‘‘crime of domestic violence’’ 
means any offense that has as an element the 
use, attempted use, or threatened use of phys-
ical force against a person committed by a cur-
rent or former spouse of the person, by an indi-
vidual with whom the person shares a child in 
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312 
common, by an individual who is cohabiting 
with or has cohabited with the person as a 
spouse, by an individual similarly situated to a 
spouse of the person under the domestic or 
family violence laws of the jurisdiction where 
the offense occurs, or by any other individual 
against a person who is protected from that in-
dividual’s acts under the domestic or family vio-
lence laws of the United States or any State, 
Indian Tribal government, or unit of local gov-
ernment. 
(d) LIMITATION ON REMOVAL OF CERTAIN ALIEN 
MINORS.—An alien who is 18 years of age or younger and 
meets the requirements under subparagraphs (A), (B), 
and (C) of subsection (b)(1) shall be provided a reasonable 
opportunity to meet the educational requirements under 
subparagraph (D) of such subsection. The Attorney Gen-
eral or the Secretary may not commence or continue with 
removal proceedings against such an alien. 
(e) WITHDRAWAL OF APPLICATION.—The Secretary 
shall, upon receipt of a request to withdraw an application 
for adjustment of status under this section, cease proc-
essing of the application, and close the case. Withdrawal 
of the application under this subsection shall not prejudice 
any future application filed by the applicant for any immi-
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313 
gration benefit under this title or under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.). 
SEC. 21003. TERMS OF PERMANENT RESIDENT STATUS ON 
A CONDITIONAL BASIS. 
(a) PERIOD OF STATUS.—Permanent resident status 
on a conditional basis is— 
(1) valid for a period of 10 years, unless such 
period is extended by the Secretary; and 
(2) subject to revocation under subsection (c). 
(b) NOTICE OF REQUIREMENTS.—At the time an 
alien obtains permanent resident status on a conditional 
basis, the Secretary shall provide notice to the alien re-
garding the provisions of this title and the requirements 
to have the conditional basis of such status removed. 
(c) REVOCATION OF STATUS.—The Secretary may 
revoke the permanent resident status on a conditional 
basis of an alien only if the Secretary— 
(1) determines that the alien ceases to meet the 
requirements under section 21002(b)(1)(C); and 
(2) prior to the revocation, provides the alien— 
(A) notice of the proposed revocation; and 
(B) the opportunity for a hearing to pro-
vide evidence that the alien meets such require-
ments or otherwise to contest the proposed rev-
ocation. 
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314 
(d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 
An alien whose permanent resident status on a conditional 
basis expires under subsection (a)(1) or is revoked under 
subsection (c), shall return to the immigration status that 
the alien had immediately before receiving permanent resi-
dent status on a conditional basis. 
SEC. 21004. REMOVAL OF CONDITIONAL BASIS OF PERMA-
NENT RESIDENT STATUS. 
(a) ELIGIBILITY
FOR REMOVAL
OF CONDITIONAL 
BASIS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall remove the conditional basis of 
an alien’s permanent resident status granted under 
this title and grant the alien status as an alien law-
fully admitted for permanent residence if the alien— 
(A) is described in section 21002(b)(1)(C); 
(B) has not abandoned the alien’s resi-
dence in the United States during the period in 
which the alien has permanent resident status 
on a conditional basis; and 
(C)(i) has obtained a degree from an insti-
tution of higher education or a recognized post-
secondary credential from an area career and 
technical education school providing education 
at the postsecondary level; 
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315 
(ii) has served in the Uniformed Services 
for at least 3 years and, if discharged, received 
an honorable discharge; or 
(iii) demonstrates earned income for peri-
ods totaling at least 4 years and at least 75 
percent of the time that the alien has had a 
valid employment authorization. 
(2) HARDSHIP
EXCEPTION.—The Secretary 
shall remove the conditional basis of an alien’s per-
manent resident status and grant the alien status as 
an alien lawfully admitted for permanent residence 
if the alien— 
(A) satisfies the requirements under sub-
paragraphs (A) and (B) of paragraph (1); 
(B) demonstrates compelling circumstances 
for the inability to satisfy the requirements 
under subparagraph (C) of such paragraph; and 
(C) demonstrates that— 
(i) the alien has a disability; 
(ii) the alien is a full-time caregiver; 
or 
(iii) the removal of the alien from the 
United States would result in hardship to 
the alien or the alien’s spouse, parent, or 
child who is a national of the United 
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316 
States or is lawfully admitted for perma-
nent residence. 
(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 3112(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 23012(a) due 
to disability. 
(4) APPLICATION
FEE.—The Secretary may, 
subject to an exemption under section 23003(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 23002 are satisfied. 
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317 
(b) TREATMENT FOR PURPOSES OF NATURALIZA-
TION.— 
(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 
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318 
alien lawfully admitted for permanent resident 
status without conditional basis, any alien 
who— 
(i) demonstrates eligibility for lawful 
permanent residence status on a condi-
tional basis under section 21002(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 21002(b)(4) shall not 
be construed to require the Secretary to con-
duct more than one identical security or law en-
forcement background check on such an alien. 
(C) APPLICATION FEES.—In the case of an 
alien seeking lawful permanent resident status 
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319 
without conditional basis in an initial applica-
tion, the alien shall pay the fee required under 
subsection (a)(4), subject to the exemption al-
lowed under section 23003, but shall not be re-
quired to pay the application fee under section 
21002(b)(3). 
SEC. 21005. RESTORATION OF STATE OPTION TO DETER-
MINE RESIDENCY FOR PURPOSES OF HIGHER 
EDUCATION 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 
SEC. 22001. SHORT TITLE. 
This title may be cited as the ‘‘American Promise 
Act’’. 
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320 
SEC. 22002. ADJUSTMENT OF STATUS FOR CERTAIN NA-
TIONALS 
OF 
CERTAIN 
COUNTRIES 
DES-
IGNATED FOR TEMPORARY PROTECTED STA-
TUS OR DEFERRED ENFORCED DEPARTURE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary or the Attorney General shall 
adjust to the status of an alien lawfully admitted for per-
manent residence, an alien described in subsection (b) if 
the alien— 
(1) applies for such adjustment, including sub-
mitting any required documents under section 
23007, not later than 5 years after the date of the 
enactment of this Act; 
(2) has been continuously physically present in 
the United States for a period of not less than 3 
years after the date of enactment of this Act; and 
(3) subject to subsection (c), 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 who— 
(1) is a national of a foreign state (or part 
thereof) (or in the case of an alien having no nation-
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321 
ality, is a person who last habitually resided in such 
state) with a designation under subsection (b) of 
section 244 of the Immigration and Nationality Act 
(8 U.S.C. 1254a(b)) as of March 8, 2021, 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 
(2) 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 Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1245a(c)(2)). 
(c) 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-
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. 
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322 
(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)). 
(d) APPLICATION.— 
(1) FEE.—The Secretary shall, subject to an 
exemption under section 23003(c), require an alien 
applying 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 
exceed $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 23002 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 
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323 
immigration benefit under this title or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
SEC. 22003. CLARIFICATION. 
Section 244(f)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after 
‘‘considered’’ the following: ‘‘as having been inspected and 
admitted into the United States, and’’. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 23001. DEFINITIONS. 
(a) IN GENERAL.—In this division: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this division that is 
used in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) APPROPRIATE
UNITED
STATES
DISTRICT 
COURT.—The term ‘‘appropriate United States dis-
trict court’’ means the United States District Court 
for the District of Columbia or the United States 
district court with jurisdiction over the alien’s prin-
cipal place of residence. 
(3) AREA CAREER AND TECHNICAL EDUCATION 
SCHOOL.—The term ‘‘area career and technical edu-
cation school’’ has the meaning given such term in 
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section 3 of the Carl D. Perkins Career and Tech-
nical Education Act of 2006 (20 U.S.C. 2302). 
(4) DACA.—The term ‘‘DACA’’ means de-
ferred action granted to an alien pursuant to the 
Deferred Action for Childhood Arrivals policy an-
nounced by the Secretary of Homeland Security on 
June 15, 2012. 
(5) 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)). 
(6) 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). 
(7) HIGH SCHOOL; SECONDARY SCHOOL.—The 
terms ‘‘high school’’ and ‘‘secondary school’’ have 
the meanings given such terms in section 8101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(8) 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)). 
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abandon residence 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— 
(A) the serious illness of the alien; 
(B) death or serious illness of a parent, 
grandparent, sibling, or child of the alien; 
(C) processing delays associated with the 
application process for a visa or other travel 
document; or 
(D) restrictions on international travel due 
to the public health emergency declared by the 
Secretary of Health and Human Services under 
section 3119 of the Public Health Service Act 
(42 U.S.C. 247d) with respect to COVID–19. 
(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). 
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