rity may not cancel the removal of an alien or grant 
conditional nonimmigrant status to the alien under 
this subsection unless the alien submits biometric 
and biographic data, in accordance with procedures 
established by the Secretary. The Secretary shall 
provide an alternative procedure for applicants who 
are unable to provide such biometric or biographic 
data because of a physical impairment. 
(7) BACKGROUND CHECKS.— 
(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary of Homeland Security 
shall utilize biometric, biographic, and other 
data that the Secretary determines is appro-
priate— 
(i) to conduct security and law en-
forcement background checks of an alien 
seeking relief available under this sub-
section; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
such relief. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
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(A) shall be completed, to the satisfaction of the 
Secretary, prior to the date the Secretary can-
cels the removal of the alien under this sub-
section. 
(8) MEDICAL EXAMINATION.—An alien applying 
for relief available under this subsection shall under-
go a medical observation and examination. The Sec-
retary of Homeland Security, with the concurrence 
of the Secretary of Health and Human Services, 
shall prescribe policies and procedures for the nature 
and timing of such observation and examination. 
(9) MILITARY SELECTIVE SERVICE.—An alien 
applying for relief available under this subsection 
shall establish that the alien has registered under 
the Military Selective Service Act (50 U.S.C. App. 
451 et seq.), if the alien is subject to such registra-
tion under that Act. 
(b) TERMINATION OF CONTINUOUS PERIOD.—For 
purposes of this section, any period of continuous resi-
dence or continuous physical presence in the United States 
of an alien who applies for cancellation of removal under 
subsection (a) shall not terminate when the alien is served 
a notice to appear under section 239(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229(a)). 
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(c) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—An alien shall be considered 
to have failed to maintain continuous physical pres-
ence in the United States under subsection (a) if the 
alien has departed from the United States for any 
period in excess of 90 days or for any periods in the 
aggregate exceeding 180 days. 
(2) 
EXTENSIONS
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—The Secretary of Homeland Security 
may extend the time periods described in paragraph 
(1) if the alien demonstrates that the failure to time-
ly return to the United States was due to excep-
tional circumstances. The exceptional circumstances 
determined sufficient to justify an extension should 
be no less compelling than serious illness of the 
alien, or death or serious illness of a parent, grand-
parent, sibling, or child. 
(d) REGULATIONS.— 
(1) INITIAL PUBLICATION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall publish regula-
tions implementing this section. 
(2) INTERIM
REGULATIONS.—Notwithstanding 
section 553 of title 5, United States Code, the regu-
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lations required by paragraph (1) shall be effective, 
on an interim basis, immediately upon publication 
but may be subject to change and revision after pub-
lic notice and opportunity for a period of public com-
ment. 
(3) FINAL REGULATIONS.—Within a reasonable 
time after publication of the interim regulations in 
accordance with paragraph (1), the Secretary of 
Homeland Security shall publish final regulations 
implementing this section. 
(e) REMOVAL OF ALIEN.—The Secretary of Home-
land Security may not remove any alien who— 
(1) has a pending application for conditional 
nonimmigrant status under this Act; and 
(2) establishes prima facie eligibility for can-
cellation of removal and conditional nonimmigrant 
status under subsection (a). 
SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 
(a) LENGTH OF STATUS.—Conditional nonimmigrant 
status granted under section 4 shall be valid for an initial 
period of 5 years, subject to termination under subsection 
(c) of this section. 
(b) TERMS OF CONDITIONAL NONIMMIGRANT STA-
TUS.— 
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(1) 
EMPLOYMENT.—A 
conditional 
non-
immigrant shall be authorized— 
(A) to be employed in the United States 
incident to conditional nonimmigrant status; 
and 
(B) to enlist in the armed forces as pro-
vided in 504(b)(1)(D) of title 10, United States 
Code, as added by section 12. 
(2) TRAVEL.—A conditional nonimmigrant may 
travel outside the United States and may be admit-
ted (if otherwise admissible) upon return to the 
United States without having to obtain a visa if— 
(A) the alien is the bearer of valid, unex-
pired documentary evidence of conditional non-
immigrant status; and 
(B) the alien’s absence from the United 
States was not for a period exceeding 180 days 
or the alien was absent from the United States 
due to active service in the armed forces. 
(c) TERMINATION OF STATUS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall terminate the conditional non-
immigrant status of any alien if the Secretary deter-
mines that the alien— 
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