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(iii) is not barred from adjustment of 
status under this title based on the crimi-
nal and national security grounds de-
scribed under subsection (c), subject to the 
provisions of such subsection; and 
(D) the alien— 
(i) has been admitted to an institution 
of higher education; 
(ii) has been admitted to an area ca-
reer and technical education school at the 
postsecondary level; 
(iii) in the United States, has ob-
tained— 
(I) a high school diploma or a 
commensurate alternative award from 
a public or private high school; 
(II) a General Education Devel-
opment credential, a high school 
equivalency diploma recognized under 
State law, or another similar State- 
authorized credential; 
(III) a credential or certificate 
from an area career and technical 
education school at the secondary 
level; or 
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(IV) a recognized postsecondary 
credential; or 
(iv) is enrolled in secondary school or 
in an education program assisting students 
in— 
(I) obtaining a high school di-
ploma or its recognized equivalent 
under State law; 
(II) passing the General Edu-
cation Development test, a high school 
equivalence diploma examination, or 
other similar State-authorized exam; 
(III) obtaining a certificate or 
credential from an area career and 
technical education school providing 
education at the secondary level; or 
(IV) obtaining a recognized post-
secondary credential. 
(2) APPLICATION FEE.— 
(A) IN
GENERAL.—The Secretary may, 
subject to an exemption under section 123(c), 
require an alien applying under this section to 
pay a reasonable fee that is commensurate with 
the cost of processing the application but does 
not exceed $495.00. 
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(B) SPECIAL PROCEDURE FOR APPLICANTS 
WITH DACA.—The Secretary shall establish a 
streamlined procedure for aliens who have been 
granted DACA and who meet the requirements 
for renewal (under the terms of the program in 
effect on January 1, 2017) to apply for can-
cellation of removal and adjustment of status to 
that of an alien lawfully admitted for perma-
nent residence on a conditional basis under this 
section, or without the conditional basis as pro-
vided in section 113(c)(2). Such procedure shall 
not include a requirement that the applicant 
pay a fee, except that the Secretary may re-
quire an applicant who meets the requirements 
for lawful permanent residence without the con-
ditional basis under section 113(c)(2) to pay a 
fee that is commensurate with the cost of proc-
essing the application, subject to the exemption 
under section 123(c). 
(3) 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 122 are satisfied. 
(4) MILITARY SELECTIVE SERVICE.—An alien 
applying for permanent resident status on a condi-
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tional basis under this section, or without the condi-
tional basis as provided in section 113(c)(2), shall 
establish that the alien has registered under the 
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 113(c)(2)) if any of the following 
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) three or more misdemeanor of-
fenses (excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
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related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, and any offense involv-
ing civil disobedience without violence) not 
occurring on the same date, and not aris-
ing out of the same act, omission, or 
scheme of misconduct; 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— 
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(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-
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-
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scribed in this paragraph, the Secretary of 
Homeland Security may, as a matter of non- 
delegable discretion, provisionally deny an appli-
cation for adjustment of status (whether on a 
conditional basis or without the conditional 
basis as provided in section 113(c)(2)) if the 
Secretary, based on clear and convincing evi-
dence, which shall include credible law enforce-
ment information, determines that the alien is 
described in subparagraph (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 
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term of imprisonment of more than 
30 days; or 
(II) has been adjudicated delin-
quent in a State or local juvenile court 
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 
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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, 
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 of Homeland Security 
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 provided, by electronic mail 
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(or other form of electronic communica-
tion). Such notice shall— 
(I) articulate with specificity all 
grounds for the preliminary deter-
mination, including the evidence relied 
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 of Home-
land Security shall provide a second writ-
ten 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 of Homeland Security 
shall, upon a motion filed by the alien, re-
open an application for adjustment of sta-
tus under this title and allow the applicant 
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an opportunity to respond, consistent with 
clause (i)(II). 
(G) JUDICIAL REVIEW.—An alien is enti-
tled to judicial review of the Secretary’s deci-
sion to provisionally deny an application under 
this paragraph in accordance with the proce-
dures described in section 126(c). 
(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; 
(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 
common, by an individual who is cohabiting 
with or has cohabited with the person as a 
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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; and 
(D) the term ‘‘convicted’’, ‘‘conviction’’, 
‘‘adjudicated’’, or ‘‘adjudication’’ does not in-
clude a judgment that has been expunged or set 
aside, that resulted in a rehabilitative disposi-
tion, or the equivalent. 
(d) LIMITATION ON REMOVAL OF CERTAIN ALIEN 
MINORS.—An alien who is under 18 years of age 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 
of Homeland Security shall, upon receipt of a request to 
withdraw an application for adjustment of status under 
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this section, cease processing of the application, and close 
the case. Withdrawal of the application under this sub-
section shall not prejudice any future application filed by 
the applicant for any immigration benefit under this title 
or under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
SEC. 112. 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 111(b)(1)(C); and 
(2) prior to the revocation, provides the alien— 
(A) notice of the proposed revocation; and 
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(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. 
(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. 113. 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 111(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 
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(C)(i) has obtained a degree from an insti-
tution of higher education, or has completed at 
least 2 years, in good standing, of a program in 
the United States leading to a bachelor’s degree 
or higher degree or a recognized postsecondary 
credential from an area career and technical 
education school providing education at the 
postsecondary level; 
(ii) has served in the Uniformed Services 
for at least 2 years and, if discharged, received 
an honorable discharge; or 
(iii) demonstrates earned income for peri-
ods totaling at least 3 years and at least 75 
percent of the time that the alien has had a 
valid employment authorization, except that, in 
the case of an alien who was enrolled in an in-
stitution of higher education, an area career 
and technical education school to obtain a rec-
ognized postsecondary credential, or an edu-
cation 
program 
described 
in 
section 
111(b)(1)(D)(iii), the Secretary shall reduce 
such total 3-year requirement by the total of 
such periods of enrollment. 
(2) HARDSHIP
EXCEPTION.—The Secretary 
shall remove the conditional basis of an alien’s per-
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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 
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-
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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 123(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 CHECK.—The Secretary may 
not remove the conditional basis of an alien’s perma-
nent resident status until the requirements of sec-
tion 122 are satisfied. 
(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. 
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(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 cancel the removal of, and 
adjust to the status of an alien lawfully admit-
ted for permanent resident status without con-
ditional basis, any alien who— 
(i) demonstrates eligibility for lawful 
permanent residence status on a condi-
tional basis under section 111(b); and 
(ii) subject to the exceptions described 
in subsections (a)(2) and (a)(3)(B) of this 
section, already has fulfilled the require-
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(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this title 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’’ mean 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 
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)). 
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(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)). 
(9) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’— 
(A) except as provided in subparagraph 
(B), has the meaning given such term in section 
102 of the Higher Education Act of 1965 (20 
U.S.C. 1002); and 
(B) does not include an institution of high-
er education outside of the United States. 
(10) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning given such term in section 3 
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of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(11) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
(12) 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. 
SEC. 122. 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, on either a conditional or perma-
nent basis, unless the alien submits biometric and bio-
graphic data, in accordance with procedures established 
by the Secretary. The Secretary shall provide an alter-
native procedure for aliens who are unable to provide such 
biometric or biographic data because of a physical impair-
ment. 
(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 
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that would render the alien ineligible for adjustment of 
status under this title, on either a conditional or perma-
nent basis. The status of an alien may not be adjusted, 
on either a conditional or permanent basis, unless security 
and law enforcement background checks are completed to 
the satisfaction of the Secretary. 
SEC. 123. 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 
126(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.— 
With respect to any benefit under this title, and in addi-
tion to the waivers under section 111(c)(2), the Secretary 
may waive the grounds of inadmissibility under paragraph 
(1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)) for 
humanitarian purposes, for family unity, or because the 
waiver is otherwise in the public interest. 
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(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, who may not be placed in removal 
proceedings pursuant to this title, or who has pending an 
application under this title, shall, upon application to the 
Secretary, be granted an employment authorization docu-
ment. 
SEC. 124. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this title (whether on a conditional 
basis or without the conditional basis as provided in sec-
tion 113(c)(2)) shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Im-
migration and Nationality Act (8 U.S.C. 1229(a)). 
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(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE 
OR RESIDENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain— 
(A) continuous physical presence in the 
United States under this title if the alien has 
departed from the United States for any period 
exceeding 90 days or for any periods, in the ag-
gregate, exceeding 180 days; and 
(B) continuous residence in the United 
States under this title if the alien has departed 
from the United States for any period exceeding 
180 days, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that the alien did not in fact abandon resi-
dence 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 the serious ill-
ness of the alien, or death or serious illness of a par-
ent, grandparent, sibling, or child of the alien. 
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(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 111(b)(1)(A) for humanitarian 
purposes, for family unity, or because a waiver is other-
wise 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 111 from 
outside the United States if they would have been eligible 
for relief under such section, but for their removal or de-
parture. 
SEC. 125. 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 
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under this title (whether on a conditional basis, or without 
the conditional basis as provided in section 113(c)(2)). 
SEC. 126. 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.—Except as provided in sub-
section (c), and notwithstanding any other provision of 
law, an alien may seek judicial review of a denial of an 
application for adjustment of status, or a revocation of 
such status, under this title in an appropriate United 
States district court. 
(c) JUDICIAL REVIEW OF A PROVISIONAL DENIAL.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, if, after notice and the opportunity 
to respond under section 111(c)(3)(E), the Secretary 
provisionally denies an application for adjustment of 
status under this title, the alien shall have 60 days 
from the date of the Secretary’s determination to 
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seek review of such determination in an appropriate 
United States district court. 
(2) SCOPE OF REVIEW AND DECISION.—Not-
withstanding any other provision of law, review 
under paragraph (1) shall be de novo and based 
solely on the administrative record, except that the 
applicant shall be given the opportunity to supple-
ment the administrative record and the Secretary 
shall be given the opportunity 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 Depart-
ment of Homeland Security to render a final deci-
sion on the application. 
(3) APPOINTED
COUNSEL.—Notwithstanding 
any other provision of law, an applicant seeking ju-
dicial review under paragraph (1) shall be rep-
resented by counsel. Upon the request of the appli-
cant, counsel shall be appointed for the applicant, in 
accordance 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 ac-
cordance with fees collected and deposited in the Im-
migration Counsel Account under section 132. 
(d) 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 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 described in this title. Such 
removal shall not affect the alien’s right to judicial 
review under this title. The Secretary shall promptly 
return a removed alien if a decision to deny an ap-
plication for adjustment of status under this title, or 
to revoke such status, is reversed. 
SEC. 127. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this title (whether on a conditional basis, or without the 
conditional basis as provided in section 113(c)(2)) may in-
clude, as evidence of identity, the following: 
(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. 
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(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. 
(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 ENTRY, CONTIN-
UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF 
RESIDENCE.—To establish that an alien was younger than 
18 years of age on the date on which the alien entered 
the United States, and has continuously resided in the 
United States since such entry, as required under section 
111(b)(1)(B), that an alien has been continuously phys-
ically present in the United States, as required under sec-
tion 111(b)(1)(A), or that an alien has not abandoned res-
idence in the United States, as required under section 
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113(a)(1)(B), 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. 
(4) Employment records of the alien that in-
clude the employer’s name and contact information, 
or other records demonstrating earned income. 
(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. 
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(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 
(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 ADMISSION TO AN 
INSTITUTION OF HIGHER EDUCATION.—To establish that 
an alien has been admitted to an institution of higher edu-
cation, the alien may submit to the Secretary a document 
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from the institution of higher education certifying that the 
alien— 
(1) has been admitted to the institution; or 
(2) is currently enrolled in the institution as a 
student. 
(d) DOCUMENTS ESTABLISHING RECEIPT OF A DE-
GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 
To establish that an alien has acquired a degree from an 
institution of higher education in the United States, the 
alien may submit to the Secretary a diploma or other doc-
ument from the institution stating that the alien has re-
ceived such a degree. 
(e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH 
SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP-
MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 
To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative 
award from a public or private high school, has obtained 
the General Education Development credential, or other-
wise has satisfied section 111(b)(1)(D)(iii), the alien may 
submit to the Secretary the following: 
(1) A high school diploma, certificate of comple-
tion, or other alternate award. 
(2) A high school equivalency diploma or certifi-
cate recognized under State law. 
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(3) Evidence that the alien passed a State-au-
thorized exam, including the General Education De-
velopment test, in the United States. 
(4) Evidence that the alien successfully com-
pleted an area career and technical education pro-
gram, such as a certification, certificate, or similar 
alternate award. 
(5) Evidence that the alien obtained a recog-
nized postsecondary credential. 
(6) Any other evidence determined to be cred-
ible by the Secretary. 
(f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN 
EDUCATIONAL PROGRAM.—To establish that an alien is 
enrolled in any school or education program described in 
section 111(b)(1)(D)(iv) or 113(a)(1)(C), the alien may 
submit school records from the United States school that 
the alien is currently attending that include— 
(1) the name of the school; and 
(2) the alien’s name, periods of attendance, and 
current grade or educational level. 
(g) DOCUMENTS ESTABLISHING EXEMPTION FROM 
APPLICATION FEES.—To establish that an alien is exempt 
from an application fee under section 123(c), the alien 
may submit to the Secretary the following relevant docu-
ments: 
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(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 
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 
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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. 
(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR 
HARDSHIP EXEMPTION.—To establish that an alien satis-
fies one of the criteria for the hardship exemption set forth 
in section 113(a)(2)(C), the alien may submit to the Sec-
retary at least two sworn affidavits from individuals who 
are not related to the alien and who have direct knowledge 
of the circumstances that warrant the exemption, that 
contain— 
(1) the name, address, and telephone number of 
the affiant; and 
(2) the nature and duration of the relationship 
between the affiant and the alien. 
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(i) DOCUMENTS ESTABLISHING SERVICE
IN
THE 
UNIFORMED SERVICES.—To establish that an alien has 
served in the Uniformed Services for at least 2 years and, 
if discharged, received an honorable discharge, the alien 
may submit to the Secretary— 
(1) a Department of Defense form DD–214; 
(2) a National Guard Report of Separation and 
Record of Service form 22; 
(3) personnel records for such service from the 
appropriate Uniformed Service; or 
(4) health records from the appropriate Uni-
formed Service. 
(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
(1) IN
GENERAL.—An alien may satisfy the 
earned 
income 
requirement 
under 
section 
113(a)(1)(C)(iii) by submitting records that— 
(A) establish compliance with such require-
ment; and 
(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
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submitting at least two types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records; 
(C) employer or contractor records; 
(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, 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; 
(F) remittance records; or 
(G) any other evidence determined to be 
credible by the Secretary. 
(k) 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 
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status under this title (whether on a conditional basis, or 
without the conditional basis as provided in section 
113(c)(2)) is being obtained fraudulently to an unaccept-
able degree, the Secretary may prohibit or restrict the use 
of such document or class of documents. 
SEC. 128. 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 111 or 
113(c)(2). Notwithstanding section 553 of title 5, United 
States Code, the regulation shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity 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. 129. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information (including information provided during 
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administrative or judicial review) provided in applications 
filed under this title or in requests for DACA for the pur-
pose of immigration enforcement. 
(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) or an appli-
cation for DACA, may not refer an applicant to U.S. Im-
migration and Customs Enforcement, 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 offense 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. 130. 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 (whether on a conditional basis, or 
without the conditional basis as provided in section 
113(c)(2)), particularly to individuals potentially eli-
gible 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 (whether on a conditional basis, or without the 
conditional basis as provided in section 113(c)(2)), 
including— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
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migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
Subtitle B—General Provisions 
SEC. 221. DEFINITIONS. 
(a) IN GENERAL.—In this title: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this title 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. 
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Sfmt 6201
E:\BILLS\H6.PCS
H6
kjohnson on DSK79L0C42 with BILLS