467 
(1) IN GENERAL.—An alien, who was lawfully 
present in the United States on the last business 
day, 
as 
a 
nonimmigrant 
under 
section 
101(a)(15)(H) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)) and lost employment 
as a direct result of a major disaster or emergency 
may accept new employment upon the filing by a 
prospective employer of a new petition on behalf of 
such nonimmigrant not later than 1 year after such 
major disaster or emergency. For victims of Hurri-
cane Katrina or Hurricane Rita, this period shall be 
extended until August 29, 2007. 
(2) CONTINUATION OF EMPLOYMENT AUTHOR-
IZATION.—Employment authorization shall continue 
for such alien until the new petition is adjudicated. 
If the new petition is denied, such employment shall 
cease. 
(3) SAVINGS PROVISION.—Nothing in this sub-
section shall be construed to limit eligibility for port-
ability under section 214(n) of the Immigration and 
Nationality Act (8 U.S.C. 1184(n)). 
SEC. 535. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING 
SPOUSES AND CHILDREN. 
(a) TREATMENT AS IMMEDIATE RELATIVES.— 
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468 
(1) SPOUSES.—Notwithstanding the second 
sentence of section 201(b)(2)(A)(i) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1151(b)(2)(A)(i)), if an alien was the spouse of a 
citizen of the United States at the time of the citi-
zen’s death and was not legally separated from the 
citizen at the time of the citizen’s death, and the cit-
izen died as a direct result of a major disaster or 
emergency, the alien (and each child of the alien) 
may be considered, for purposes of section 201(b) of 
such Act, to remain an immediate relative after the 
date of the citizen’s death if the alien files a petition 
under section 204(a)(1)(A)(ii) of such Act not later 
than 2 years after such date and only until the date 
on which the alien remarries. For purposes of such 
section 204(a)(1)(A)(ii), an alien granted relief 
under this paragraph shall be considered an alien 
spouse described in the second sentence of section 
201(b)(2)(A)(i) of such Act. 
(2) CHILDREN.— 
(A) IN GENERAL.—In the case of an alien 
who was the child of a citizen of the United 
States at the time of the citizen’s death, if the 
citizen died as a direct result of a major dis-
aster or emergency, the alien may be consid-
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469 
ered, for purposes of section 201(b) of the Im-
migration and Nationality Act (8 U.S.C. 
1151(b)), to remain an immediate relative after 
the date of the citizen’s death (regardless of 
subsequent changes in age or marital status), 
but only if the alien files a petition under sub-
paragraph (B) not later than 2 years after such 
date. 
(B) PETITIONS.—An alien described in 
subparagraph (A) may file a petition with the 
Secretary for classification of the alien under 
section 201(b)(2)(A)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), 
which shall be considered a petition filed under 
section 204(a)(1)(A) of such Act (8 U.S.C. 
1154(a)(1)(A)). 
(b) SPOUSES, CHILDREN, UNMARRIED SONS
AND 
DAUGHTERS
OF
LAWFUL
PERMANENT
RESIDENT 
ALIENS.— 
(1) IN GENERAL.—Any spouse, child, or unmar-
ried son or daughter of an alien described in para-
graph (3) who is included in a petition for classifica-
tion as a family-sponsored immigrant under section 
203(a)(2) of the Immigration and Nationality Act (8 
U.S.C. 1153(a)(2)), which was filed by such alien 
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470 
before the last business day, may be considered (if 
the spouse, child, son, or daughter has not been ad-
mitted or approved for lawful permanent residence 
by such date) a valid petitioner for preference status 
under such section with the same priority date as 
that assigned before the death described in para-
graph (3)(A). No new petition shall be required to 
be filed. Such spouse, child, son, or daughter may be 
eligible for deferred action and work authorization. 
(2) SELF-PETITIONS.—Any spouse, child, or 
unmarried son or daughter of an alien described in 
paragraph (3) who is not a beneficiary of a petition 
for classification as a family-sponsored immigrant 
under section 203(a)(2) of the Immigration and Na-
tionality Act may file a petition for such classifica-
tion with the Secretary, if the spouse, child, son, or 
daughter was present in the United States on the 
last business day. Such spouse, child, son, or daugh-
ter may be eligible for deferred action and work au-
thorization. 
(3) ALIENS DESCRIBED.—An alien is described 
in this paragraph if the alien— 
(A) died as a direct result of a major dis-
aster or emergency; and 
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471 
(B) on the day of such death, was lawfully 
admitted for permanent residence in the United 
States. 
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS BY 
SURVIVING SPOUSES AND CHILDREN OF EMPLOYMENT- 
BASED IMMIGRANTS.— 
(1) IN GENERAL.—Any alien who was, on the 
last business day, the spouse or child of an alien de-
scribed in paragraph (2), and who applied for ad-
justment of status before the death described in 
paragraph (2)(A), may have such application adju-
dicated as if such death had not occurred. 
(2) ALIENS DESCRIBED.—An alien is described 
in this paragraph if the alien— 
(A) died as a direct result of a major dis-
aster or emergency; and 
(B) on the day before such death, was— 
(i) an alien lawfully admitted for per-
manent residence in the United States by 
reason of having been allotted a visa under 
section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)); or 
(ii) an applicant for adjustment of 
status to that of an alien described in 
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472 
clause (i), and admissible to the United 
States for permanent residence. 
(d) APPLICATIONS
BY SURVIVING SPOUSES
AND 
CHILDREN OF REFUGEES AND ASYLEES.— 
(1) IN GENERAL.—Any alien who, on the last 
business day, was the spouse or child of an alien de-
scribed in paragraph (2), may have his or her eligi-
bility to be admitted under section 207(c)(2)(A) or 
208(b)(3)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) consid-
ered as if the alien’s death had not occurred. 
(2) ALIENS DESCRIBED.—An alien is described 
in this paragraph if the alien— 
(A) died as a direct result of a major dis-
aster or emergency; and 
(B) on the day before such death, was— 
(i) an alien admitted as a refugee 
under section 207 of the Immigration and 
Nationality Act (8 U.S.C. 1157); or 
(ii) granted asylum under section 208 
of such Act (8 U.S.C. 1158). 
(e) WAIVER OF PUBLIC CHARGE GROUNDS.—In de-
termining the admissibility of any alien accorded an immi-
gration benefit under this section, the grounds for inad-
missibility specified in section 212(a)(4) of the Immigra-
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473 
tion and Nationality Act (8 U.S.C. 1182(a)(4)) shall not 
apply. 
SEC. 536. RECIPIENT OF PUBLIC BENEFITS. 
An alien shall not be inadmissible under section 
212(a)(4) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(4)) or deportable under section 237(a)(5) 
of such Act (8 U.S.C. 1227(a)(5)) on the basis that the 
alien received any public benefit as a direct result of a 
major disaster or emergency. 
SEC. 537. AGE-OUT PROTECTION. 
In administering the immigration laws, the Secretary 
and the Attorney General may grant any application or 
benefit notwithstanding the applicant or beneficiary (in-
cluding a derivative beneficiary of the applicant or bene-
ficiary) reaching an age that would render the alien ineli-
gible for the benefit sought, if the alien’s failure to meet 
the age requirement occurred as a direct result of a major 
disaster or emergency. 
SEC. 538. EMPLOYMENT ELIGIBILITY VERIFICATION. 
(a) IN GENERAL.—The Secretary may suspend or 
modify any requirement under section 274A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1324a(b)) or 
subtitle A of title IV of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), either generally or with respect to particular 
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474 
persons, class of persons, geographic areas, or economic 
sectors, to the extent to which the Secretary determines 
necessary or appropriate to respond to major disasters or 
emergencies. 
(b) NOTIFICATION.—If the Secretary suspends or 
modifies any requirement under section 274A(b) of the 
Immigration and Nationality Act pursuant to subsection 
(a), the Secretary shall send notice of such decision, in-
cluding the reasons for the suspension or modification, 
to— 
(1) the Committee on the Judiciary of the Sen-
ate; and 
(2) the Committee on the Judiciary of the 
House of Representatives. 
(c) SUNSET DATE.—The authority under subsection 
(a) shall expire on August 26, 2008. 
SEC. 539. NATURALIZATION. 
The Secretary may, with respect to applicants for 
naturalization in any district of the United States Citizen-
ship and Immigration Services affected by a major dis-
aster or emergency, administer the provisions of Title III 
of the Immigration and Nationality Act (8 U.S.C. 1401 
et seq.) notwithstanding any provision of such title relat-
ing to the jurisdiction of an eligible court to administer 
the oath of allegiance, or requiring residence to be main-
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475 
tained or any action to be taken in any specific district 
or State within the United States. 
SEC. 540. DISCRETIONARY AUTHORITY. 
The Secretary or the Attorney General may waive vio-
lations of the immigration laws committed by an alien— 
(1) who was in lawful status on the last busi-
ness day; and 
(2) whose failure to comply with the immigra-
tion laws— 
(A) was a direct result of a major disaster 
or emergency; 
(B) occurred within a period to be deter-
mined by the Attorney General; and 
(C) for the victims of Hurricane Katrina 
or Hurricane Rita, occurred on or before March 
1, 2006. 
SEC. 541. EVIDENTIARY STANDARDS AND REGULATIONS. 
The Secretary shall establish appropriate evidentiary 
standards for demonstrating, for purposes of this subtitle, 
that a major disaster or emergency directly resulted in— 
(1) death; 
(2) disability; or 
(3) loss of employment due to physical damage 
to, or destruction of, a business. 
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476 
SEC. 542. IDENTIFICATION DOCUMENTS. 
(a) TEMPORARY IDENTIFICATION.—The Secretary 
shall have the authority to instruct any Federal agency 
to issue temporary identification documents to individuals 
affected by a major disaster or emergency. Such docu-
ments shall be acceptable for identification purposes under 
any Federal law until 1 year after the relevant major dis-
aster or emergency. For victims of Hurricane Katrina or 
Hurricane Rita, such documents shall be valid until Au-
gust 29, 2007. 
(b) ISSUANCE.—An agency may not issue identity 
documents under this section after January 1, 2006. 
(c) NO COMPULSION TO ACCEPT OR CARRY IDENTI-
FICATION DOCUMENTS.—Nationals of the United States 
shall not be compelled to accept or carry documents issued 
under this section. 
(d) NO PROOF
OF CITIZENSHIP.—Identity docu-
ments issued under this section shall not constitute proof 
of citizenship or immigration status. 
SEC. 543. WAIVER OF REGULATIONS. 
The Secretary shall carry out the provisions of this 
subtitle as expeditiously as possible. The Secretary is not 
required to promulgate regulations before implementing 
this subtitle. The requirements of chapter 5 of title 5, 
United States Code (commonly referred to as the ‘‘Admin-
istrative Procedure Act’’) or any other law relating to rule 
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477 
making, information collection, or publication in the Fed-
eral Register, shall not apply to any action to implement 
this subtitle to the extent the Secretary, the Secretary of 
Labor, or the Secretary of State determine that compli-
ance with such requirement would impede the expeditious 
implementation of such Act. 
SEC. 544. NOTICES OF CHANGE OF ADDRESS. 
(a) IN GENERAL.—If a notice of change of address 
otherwise required to be submitted to the Secretary by an 
alien described in subsection (b) relates to a change of 
address occurring during the period beginning on the last 
business day, and ending on a date to be determined by 
the Secretary, the alien may submit such notice. For vic-
tims of Hurricane Katrina or Hurricane Rita, such period 
shall end on the date of the enactment of this Act. 
(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien— 
(1) resided, on the last business day, within a 
district of the United States that was declared by 
the President to be affected by a major disaster or 
emergency; and 
(2) is required, under section 265 of the Immi-
gration and Nationality Act (8 U.S.C. 1305) or any 
other provision of law, to notify the Secretary in 
writing of a change of address. 
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478 
SEC. 545. FOREIGN STUDENTS AND EXCHANGE PROGRAM 
PARTICIPANTS. 
(a) IN GENERAL.—The nonimmigrant status of an 
alien described in subsection (b) shall be deemed to have 
been maintained during the period beginning on the last 
business day, and ending on a date to be determined by 
the Attorney General, if on such later date, the alien is 
enrolled in a course of study, or participating in a des-
ignated exchange visitor program, sufficient to satisfy the 
terms and conditions of the alien’s nonimmigrant status 
on the last business day. For victims of Hurricane Katrina 
or Hurricane Rita, the relevant period shall be deemed to 
have ended on September 15, 2006. 
(b) ALIENS DESCRIBED.—An alien is described in 
this subsection if the alien— 
(1) was, on the last business day, lawfully 
present in the United States in the status of a non-
immigrant described in subparagraph (F), (J), or 
(M) of section 101(a)(15) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)); and 
(2) fails to satisfy a term or condition of such 
status as a direct result of a major disaster or emer-
gency. 
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479 
TITLE VI—LEGALIZATION OF 
UNDOCUMENTED INDIVIDUALS 
Subtitle A—Conditional 
Nonimmigrants 
SEC. 601. CONDITIONAL NONIMMIGRANTS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, including section 244(h) of the Immigration 
and Nationality Act (8 U.S.C. 1254a(h)), the Secretary 
may classify an alien as a conditional nonimmigrant or 
conditional nonimmigrant dependent if the alien— 
(1) submits an application for such classifica-
tion; and 
(2) meets the requirements of this section. 
(b) PRESENCE IN THE UNITED STATES.— 
(1) IN
GENERAL.—The alien shall establish 
that the alien— 
(A) was present in the United States be-
fore June 1, 2006; 
(B) has been continuously present in the 
United States since the date described in sub-
paragraph (A); and 
(C) was not legally present in the United 
States on that date under any classification de-
scribed in section 101(a)(15) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
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480 
1101(a)(15)) or any other nonimmigrant status 
made available under a treaty or other multi-
national agreement that has been ratified by 
the Senate. 
(2) CONTINUOUS PRESENCE.—For purposes of 
this subsection, an absence from the United States 
without authorization for a continuous period of 
more than 180 days between June 1, 2006, and the 
beginning of the application period for classification 
as a conditional nonimmigrant shall constitute a 
break in continuous physical presence. 
(c) CONDITIONAL NONIMMIGRANT DEPENDENTS.— 
Notwithstanding any other provision of law, the Secretary 
shall classify the spouse or child of a conditional non-
immigrant as a conditional nonimmigrant dependent, or 
provide the spouse or child with a conditional non-
immigrant dependent visa if— 
(1) the spouse or child meets the applicable eli-
gibility requirements under this section; or 
(2) the alien was, before the date on which this 
Act was introduced in Congress, the spouse or child 
of an alien who was subsequently classified as a con-
ditional nonimmigrant under this section, or is eligi-
ble for such classification, if— 
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481 
(A) the termination of the relationship 
with such spouse or parent was connected to 
domestic violence; and 
(B) the spouse or child has been battered 
or subjected to extreme cruelty by the spouse or 
parent who is a conditional nonimmigrant. 
(d) OTHER CRITERIA.— 
(1) IN GENERAL.—An alien may be classified as 
a conditional nonimmigrant or conditional non-
immigrant dependent if the Secretary determines 
that the alien— 
(A) is not inadmissible to the United 
States under section 212(a) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)), except 
as provided in paragraph (2); 
(B) has not ordered, incited, assisted, or 
otherwise participated in the persecution of any 
person on account of race, religion, nationality, 
membership in a particular social group, or po-
litical opinion; and 
(C) is not an alien— 
(i) who has been convicted by final 
judgment of a particularly serious crime 
and constitutes a danger to the community 
of the United States; 
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482 
(ii) for whom there are reasonable 
grounds for believing that the alien has 
committed a particularly serious crime out-
side the United States before arriving in 
the United States; or 
(iii) for whom there are reasonable 
grounds for regarding the alien as a dan-
ger to the security of the United States; 
and 
(D) has been convicted of a felony or 3 or 
more misdemeanors under Federal or State law. 
(2) GROUNDS OF INADMISSIBILITY.—In deter-
mining an alien’s admissibility under paragraph 
(1)(A)— 
(A) paragraphs (5), (6) (excluding sub-
paragraph (E)), (7), (9), and (10)(B) of section 
212(a) of such Act shall not apply; 
(B) the Secretary may not waive— 
(i) 
subparagraph 
(A), 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act (relating to crimi-
nals); 
(ii) section 212(a)(3) of such Act (re-
lating to security and related grounds); or 
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483 
(iii) subparagraph (A), (C), or (D) of 
section 212(a)(10) of such Act (relating to 
polygamists and child abductors); 
(C) the Secretary may waive the applica-
tion of any provision of section 212(a) of such 
Act not listed in subparagraph (B) on behalf of 
an individual alien for humanitarian purposes, 
to ensure family unity, or if such waiver is oth-
erwise in the public interest; and 
(D) nothing in this paragraph shall be con-
strued as affecting the authority of the Sec-
retary other than under this paragraph to waive 
the provisions of section 212(a) of such Act. 
(3) APPLICABILITY OF OTHER PROVISIONS.— 
Sections 240B(d) and 241(a)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1229c(d) and 
1231(a)(5)) shall not apply to an alien who is apply-
ing for classification under this section for conduct 
that occurred before the date on which this Act was 
introduced in Congress. 
(e) ATTESTATION OF EMPLOYMENT.—The Secretary 
may not classify an alien as a conditional nonimmigrant 
unless the alien— 
(1) attests, under penalty of perjury, that the 
alien— 
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484 
(A) was employed full time, part time, or 
seasonally in the United States or was self-em-
ployed before June 1, 2006, and has been em-
ployed in the United States since that date; or 
(B) was otherwise physically present before 
June 1, 2006, under the limitations described 
in subsections (b) and (c) of section 602; and 
(2) submits evidence that the Secretary deter-
mines to be necessary to establish prima facie evi-
dence of employment or physical presence in the 
United States. 
(f) SECURITY
AND
LAW
ENFORCEMENT
BACK-
GROUND CHECKS.— 
(1) SUBMISSION OF FINGERPRINTS.—The Sec-
retary may not classify an alien as a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent unless the alien submits fingerprints in ac-
cordance with procedures established by the Sec-
retary. 
(2) BACKGROUND
CHECKS.—The Secretary 
shall utilize fingerprints and other biometric data 
provided by the alien to conduct a background check 
of such alien to search for criminal, national secu-
rity, or other law enforcement actions that would 
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485 
render the alien ineligible for classification under 
this section. 
(3) EXPEDITIOUS
PROCESSING.—The back-
ground checks required under paragraph (2) shall be 
conducted as expeditiously as possible. 
(g) PERIOD OF AUTHORIZED STAY; APPLICATION 
FEE AND FINE.— 
(1) PERIOD OF AUTHORIZED STAY.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (C), the period of author-
ized stay for a conditional nonimmigrant or a 
conditional nonimmigrant dependent shall be 6 
years from the date on which such status is 
conferred. 
(B) LIMITATION.—The Secretary may not 
adjust or change the status of a conditional 
nonimmigrant or a conditional nonimmigrant 
dependent to any other immigrant or non-
immigrant classification until the termination of 
the 6-year period described in subparagraph 
(A). 
(C) EXTENSION.—The Secretary may only 
extend the period described in subparagraph 
(A) to accommodate the processing of an appli-
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486 
cation for adjustment of status under section 
602. 
(2) APPLICATION FEE AND FINES.— 
(A) APPLICATION
FEE.—The Secretary 
shall impose a fee for filing an application 
under this section. Such fee shall be sufficient 
to cover the administrative and other expenses 
incurred in connection with the review of such 
applications. 
(B) FINES.— 
(i) IN GENERAL.—Except as provided 
under clause (ii), an alien filing an applica-
tion under this section shall submit to the 
Secretary, in addition to the fee required 
under subparagraph (A), a fine of $500. 
(ii) EXCEPTION.—An alien who is 
younger than 21 years of age shall not be 
required to pay a fine under this para-
graph. 
(C) DISPOSITION OF FEES AND FINES.— 
(i) FEES.—Fees collected under this 
paragraph shall be deposited into the Im-
migration Examination Fee Account and 
remain available as provided under sub-
sections (m) and (n) of section 286. 
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487 
(ii) FINES.—Fines collected under 
this paragraph shall be deposited into the 
New Worker Program and Conditional 
Nonimmigrant Fee Account established 
under section 286(w). 
(h) TREATMENT OF APPLICANTS.— 
(1) IN GENERAL.—An alien who files an appli-
cation under this section to become a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent— 
(A) shall be granted employment author-
ization pending final adjudication of the alien’s 
application; 
(B) shall be granted permission to travel 
abroad; 
(C) may not be detained for immigration 
purposes, determined inadmissible or deport-
able, or removed pending final adjudication of 
the alien’s application, unless the alien, due to 
conduct or criminal conviction, becomes ineli-
gible for conditional nonimmigrant classifica-
tion; and 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
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1324a(h)(3))) until employment authorization 
under subparagraph (A) is denied. 
(2) DOCUMENT OF AUTHORIZATION.—The Sec-
retary shall provide each alien described in para-
graph (1) with a counterfeit-resistant document of 
authorization that— 
(A) meets all current requirements estab-
lished by the Secretary for travel documents, in-
cluding the requirements under section 403 of 
the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a 
note); and 
(B) reflects the benefits and status set 
forth in paragraph (1). 
(3) BEFORE APPLICATION PERIOD.—If an alien 
is apprehended between the date of the enactment of 
this Act and the date on which regulations are pro-
mulgated to implement this section, and the alien 
can establish prima facie eligibility as a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent, the Secretary shall provide the alien with a 
reasonable opportunity to file an application under 
this section after such regulations are promulgated. 
(4) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
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489 
tionality Act, if an immigration judge determines 
that an alien who is in removal proceedings has 
made a prima facie case of eligibility for classifica-
tion as a conditional nonimmigrant or a conditional 
nonimmigrant dependent, the judge shall adminis-
tratively close such proceedings and permit the alien 
a reasonable opportunity to apply for such classifica-
tion. 
(5) RELATIONSHIPS OF APPLICATION TO CER-
TAIN ORDERS.— 
(A) IN GENERAL.—An alien who is present 
in the United States and has been ordered ex-
cluded, deported, removed, or ordered to depart 
voluntarily from the United States under any 
provision of the Immigration and Nationality 
Act— 
(i) notwithstanding such order, may 
apply for classification as a conditional 
nonimmigrant or conditional nonimmigrant 
dependent under this subtitle; and 
(ii) shall not be required to file a sep-
arate motion to reopen, reconsider, or va-
cate the exclusion, deportation, removal, or 
voluntary departure order. 
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490 
(B) APPLICATION GRANTED.—If the Sec-
retary grants the application described in sub-
paragraph (A)(i), the Secretary shall cancel the 
order described in subparagraph (A). 
(C) APPLICATION
DENIED.—If the Sec-
retary renders a final administrative decision to 
deny the application described in subparagraph 
(A)(i), the order described in subparagraph (A) 
shall be effective and enforceable to the same 
extent as if the application had not been made. 
(i) CLASSIFICATION.—If the Secretary determines 
that an alien is eligible for classification as a conditional 
nonimmigrant or conditional nonimmigrant dependent, 
the alien shall be entitled to all benefits described in sub-
section (h)(1). The Secretary may authorize the use of a 
document described in subsection (h)(2) as evidence of 
such classification or may issue additional documentation 
as evidence of classification as a conditional nonimmigrant 
or conditional nonimmigrant dependent. 
(j) TERMINATION OF BENEFITS.— 
(1) IN GENERAL.—Any benefit provided to an 
alien seeking classification as a conditional non-
immigrant or conditional nonimmigrant dependent, 
or who is classified as such, under this section shall 
terminate if— 
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491 
(A) the Secretary determines that the alien 
is ineligible for such classification and all review 
procedures under section 603 have been ex-
hausted or waived by the alien; 
(B) the alien is found removable from the 
United States under section 237 of the Immi-
gration and Nationality Act (8 U.S.C. 1227); 
(C) the alien has used documentation 
issued under this section for unlawful or fraud-
ulent purposes; or 
(D) in the case of the spouse or child of 
an alien applying for classification as a condi-
tional nonimmigrant or classified as a condi-
tional nonimmigrant under this section, the 
benefits for the principal alien are terminated. 
(k) DISSEMINATION OF INFORMATION ON CONDI-
TIONAL
NONIMMIGRANT
PROGRAM.—During the 12- 
month period immediately after the issuance of regula-
tions implementing this section, the Secretary, in coopera-
tion with entities approved by the Secretary, shall broadly 
disseminate information respecting conditional non-
immigrant or conditional nonimmigrant dependent classi-
fication under this section and the requirements to be sat-
isfied to obtain such classification. The Secretary shall dis-
seminate information to employers and labor unions to ad-
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492 
vise them of the rights and protections available to them 
and to workers who file applications under this section. 
Such information shall be broadly disseminated, in the 
principal languages, as determined by the Secretary, spo-
ken by aliens who would qualify for classification under 
this section, including to television, radio, and print media 
to which such aliens would have access. 
SEC. 602. ADJUSTMENT OF STATUS FOR CONDITIONAL 
NONIMMIGRANTS. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, including section 244(h) of the Im-
migration and Nationality Act (8 U.S.C. 1254a(h)), 
the Secretary may adjust the status of a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent to that of an alien lawfully admitted for 
permanent residence if the conditional nonimmigrant 
or conditional nonimmigrant dependent satisfies the 
applicable requirements under this subsection. 
(2) COMPLETION
OF
EMPLOYMENT
OR
EDU-
CATION
REQUIREMENT.—A 
conditional 
non-
immigrant applying for adjustment of status under 
this section shall establish that during the 6-year pe-
riod immediately preceding the application for ad-
justment of status, he or she— 
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493 
(A) has been employed full-time, part-time, 
or seasonally in the United States; 
(B) has been self-employed in the United 
States; or 
(C) has met the education requirements 
under subsection (c). 
(3) EVIDENCE OF EMPLOYMENT.— 
(A) CONCLUSIVE
DOCUMENTS.—An alien 
may conclusively establish employment status in 
compliance with paragraph (2) by submitting 
records to the Secretary that demonstrate such 
employment, and have been maintained by the 
Social Security Administration, the Internal 
Revenue Service, or any other Federal, State, 
or local government agency. 
(B) OTHER DOCUMENTS.—An alien who is 
unable to submit a document described in sub-
paragraph (A) may satisfy the requirement 
under paragraph (1) by submitting to the Sec-
retary at least 2 other types of reliable docu-
ments that provide evidence of employment, in-
cluding— 
(i) bank records; 
(ii) business records; 
(iii) employer records; 
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ccoleman on PROD1PC60 with BILLS
494 
(iv) records of a labor union, day 
labor center, or organization that assists 
workers in employment; 
(v) sworn affidavits from nonrelatives 
who have direct knowledge of the alien’s 
work, that contain— 
(I) the name, address, and tele-
phone number of the affiant; 
(II) the nature and duration of 
the relationship between the affiant 
and the alien; and 
(III) other verification or infor-
mation; and 
(vi) remittance records. 
(C) ADDITIONAL
DOCUMENTS
AND
RE-
STRICTIONS.—The Secretary may— 
(i) designate additional documents to 
evidence employment in the United States; 
and 
(ii) set such terms and conditions on 
the use of affidavits as is necessary to 
verify and confirm the identity of any affi-
ant or otherwise prevent fraudulent sub-
missions. 
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495 
(4) SENSE OF CONGRESS.—It is the sense of 
the Congress that the requirement under this sub-
section should be interpreted and implemented in a 
manner that recognizes and takes into account the 
difficulties encountered by aliens in obtaining evi-
dence of employment due to the undocumented sta-
tus of the alien. 
(5) BURDEN OF PROOF.—An alien described in 
paragraph (1) who is applying for adjustment of sta-
tus under this section shall prove, by a preponder-
ance of the evidence, that the alien has satisfied the 
requirements of this subsection. An alien may meet 
such burden of proof by producing sufficient evi-
dence to demonstrate such employment as a matter 
of reasonable inference. 
(6) PORTABILITY.—An alien shall not be re-
quired to complete the employment requirements 
under this section with a single employer. 
(b) EXCEPTIONS AND SPECIAL RULES.— 
(1) EXCEPTIONS BASED ON AGE.—The employ-
ment requirements under this section shall not 
apply— 
(A) to any alien who is classified as a con-
ditional nonimmigrant dependent who was 
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496 
younger than 21 years of age on the date of the 
enactment of this Act; or 
(B) to any alien who is 65 years of age or 
older on the date of the enactment of this Act. 
(2) DISABILITIES; PREGNANCY.—The employ-
ment requirements under this section shall be re-
duced for an alien who cannot demonstrate employ-
ment based on a physical or mental disability (as de-
fined under section 3(2) of the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12102(2)) or as a 
result of pregnancy if such condition is evidenced by 
the submission of documentation prescribed by the 
Secretary. 
(c) APPLICATION PROCEDURE AND FEE.— 
(1) IN GENERAL.—The Secretary shall promul-
gate regulations establishing procedures for submit-
ting an application for adjustment of status under 
this section. The Secretary shall impose a fee for fil-
ing an application for adjustment of status under 
this section which shall be sufficient to cover the ad-
ministrative and other expenses incurred in connec-
tion with the review of such applications. 
(2) FINES.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), an alien filing an ap-
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497 
plication for adjustment of status under this 
section shall pay a $1500 fine to the Secretary, 
in addition to the fee required under paragraph 
(1). 
(B) EXCEPTION.—An alien who is classi-
fied as a conditional nonimmigrant dependent 
who was under 21 years of age on the date of 
enactment of this Act shall not be required to 
pay a fine under this paragraph. 
(3) STATE IMPACT ASSISTANCE FEE.— 
(A) IN
GENERAL.—In addition to any 
other amounts required to be paid under this 
subsection, a conditional nonimmigrant shall 
submit a State impact assistance fee equal to 
$500 with the application for adjustment filed 
under this section. 
(B) USE OF FEE.—Fees collected under 
subparagraph (A) shall be deposited in the 
State Impact Assistance Account and shall re-
main available under 286(x) of the Immigration 
and Nationality Act. 
(4) DEPOSIT OF FEES.—Fees collected under 
this paragraph shall be deposited into the Immigra-
tion Examination Fee Account and shall remain 
available as provided under subsections (m) and (n) 
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ccoleman on PROD1PC60 with BILLS
498 
of section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356). 
(5) DEPOSIT OF FINES.—Fines collected under 
this paragraph shall be deposited into the New 
Worker Program and Conditional Nonimmigrant 
Fee Account and shall remain available as provided 
under section 286(w) of the Immigration and Na-
tionality Act. 
(d) ADMISSIBLE UNDER IMMIGRATION LAWS.—A 
conditional nonimmigrant or conditional nonimmigrant 
dependent applying for adjustment of status under this 
section shall establish that he or she is not inadmissible 
under section 212(a), except for any provision under that 
section that is not applicable or waived under paragraph 
(2) or (3) of section 601(d). For purposes of an applica-
tion filed under this section, any prior waiver of inadmis-
sibility granted to an alien under section 601(d)(2(C) shall 
remain in effect with respect to the specific conduct con-
sidered by the Secretary at the time of classification under 
section 601. 
(e) LEGAL REENTRY.— 
(1) IN GENERAL.—A conditional nonimmigrant 
applying for adjustment of status under this section 
shall physically depart the United States and after 
such departure, be admitted to the United States as 
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499 
a conditional nonimmigrant or applicant for condi-
tional nonimmigrant status, as evidenced by docu-
mentation issued by the Secretary. A record of such 
admission shall be created by the Secretary through 
the US–VISIT exit and entry system, or any other 
system maintained by the Secretary to create a 
record of a lawful entry. 
(2) DEPARTURE AND REENTRY.—A conditional 
nonimmigrant seeking to establish lawful admission 
under paragraph (1)(B) may seek admission to the 
United States at any port of entry at which the US– 
VISIT exit and entry system, or any other system 
maintained by the Secretary to record lawful admis-
sion, is in operation. Departure and subsequent law-
ful admission to the United States shall occur not 
later than 90 days before the conditional non-
immigrant files an application for adjustment to 
lawful permanent resident status under this section. 
(3) EXEMPTIONS.—Paragraph (2) shall not 
apply to an alien who, on the date on which the ap-
plication for adjustment of status is filed under this 
section— 
(A) has served in the Armed Forces of the 
United States; 
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500 
(B) has a son or daughter who has served 
or is serving in the Armed Forces of the United 
States; 
(C) has a pending or approved application 
under section 244 of the Immigration and Na-
tionality Act (8 U.S.C. 1254a), the Nicaraguan 
Adjustment and Central American Relief Act 
(Public Law 105–100), or the Haitian Refugee 
Immigration Fairness Act of 1998 (Public Law 
105–277); 
(D) is at least 65 years of age; 
(E) is younger than 21 years of age; 
(F) suffers from an ongoing physical or 
mental disability (as defined in section 3(2) of 
the Americans with Disabilities Act of 1990 (42 
U.S.C. 12102)); 
(G) is a single parent head of household; 
or 
(H) cannot comply with such paragraph 
due to extreme hardship to the alien or an im-
mediate family member, as determined by the 
Secretary. 
(4) FAILURE TO ESTABLISH LAWFUL ADMIS-
SION
TO
THE
UNITED
STATES.—Unless exempted 
under paragraph (3), a conditional nonimmigrant 
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501 
who fails to depart and reenter the United States in 
accordance with paragraph (1) may not become a 
lawful permanent resident under this section. 
(f) MEDICAL EXAMINATION.—A conditional non-
immigrant or a conditional nonimmigrant dependent shall 
undergo an appropriate medical examination (including a 
determination of immunization status) that conforms to 
generally accepted professional standards of medical prac-
tice. 
(g) PAYMENT OF INCOME TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which status is adjusted under this section, a condi-
tional nonimmigrant or conditional nonimmigrant 
dependent shall satisfy any applicable Federal tax li-
ability by establishing that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
paid; or 
(C) the conditional nonimmigrant has en-
tered into, and is in compliance with, an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service. 
(2) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
For purposes of paragraph (1), the term ‘‘applicable 
Federal tax liability’’ means liability for Federal 
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502 
taxes, including penalties and interest, owed for any 
year during the period of employment required 
under subsection (a)(2) for which the statutory pe-
riod for assessment of any deficiency for such taxes 
has not expired. 
(3) IRS COOPERATION.—The Secretary of the 
Treasury shall establish rules and procedures under 
which the Commissioner of Internal Revenue shall 
provide documentation to— 
(A) a conditional nonimmigrant or condi-
tional nonimmigrant dependent, upon request, 
to establish the payment of all taxes required 
under this subsection; or 
(B) the Secretary, upon request, regarding 
the payment of Federal taxes by an alien apply-
ing for a benefit under this section. 
(4) COMPLIANCE.—The alien may satisfy proof 
of compliance with this subsection by submitting 
documentation that establishes that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
met; or 
(C) the alien has entered into, and is in 
compliance with, an agreement for payment of 
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503 
all outstanding liabilities with the Internal Rev-
enue Service. 
(h) BASIC CITIZENSHIP SKILLS.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), a conditional nonimmigrant or condi-
tional nonimmigrant dependent shall establish that 
he or she— 
(A) meets the requirements under section 
312 of the Immigration and Nationality Act (8 
U.S.C. 1423); or 
(B) is satisfactorily pursuing a course of 
study to achieve such an understanding of 
English and knowledge and understanding of 
the history and Government of the United 
States. 
(2) RELATION TO NATURALIZATION EXAMINA-
TION.—A conditional nonimmigrant or conditional 
nonimmigrant dependent who demonstrates that he 
or she meets the requirements under such section 
312 may be considered to have satisfied the require-
ments of that section for purposes of becoming natu-
ralized as a citizen of the United States under title 
III of the Immigration and Nationality Act (8 
U.S.C. 1401 et seq.). 
(3) EXCEPTIONS.— 
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504 
(A) MANDATORY.—Paragraph (1) shall 
not apply to any person who is unable to com-
ply with those requirements because of a phys-
ical or developmental disability or mental im-
pairment as described in section 312(b)(1) of 
the Immigration and Nationality Act. 
(B) DISCRETIONARY.—The Secretary may 
waive all or part of paragraph (1) for a condi-
tional nonimmigrant who is at least 65 years of 
age on the date on which an application is filed 
for adjustment of status under this section. 
(i) SECURITY
AND
LAW
ENFORCEMENT
BACK-
GROUND CHECKS.—The Secretary shall conduct a secu-
rity and law enforcement background check in accordance 
with procedures described in section 601(f). 
(j) MILITARY SELECTIVE SERVICE.—If a conditional 
nonimmigrant or conditional nonimmigrant dependent is 
within the age period required under the Military Selective 
Service Act (50 U.S.C. App. 451 et seq.), the conditional 
nonimmigrant shall establish proof of registration under 
that Act. 
(k) TREATMENT OF CONDITIONAL NONIMMIGRANT 
DEPENDENTS.— 
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505 
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Secretary 
may— 
(A) adjust the status of a conditional non-
immigrant dependent to that of a person admit-
ted for lawful permanent residence if the prin-
cipal conditional nonimmigrant spouse or par-
ent has been found eligible for adjustment of 
status under this section; 
(B) adjust the status of a conditional non-
immigrant dependent who was the spouse or 
child of an alien who was classified as a condi-
tional nonimmigrant or was eligible for such 
classification under section 601, to that of a 
person admitted for permanent residence if— 
(i) the termination of the relationship 
with such spouse or parent was connected 
to domestic violence; and 
(ii) the spouse or child has been bat-
tered or subjected to extreme cruelty by 
the spouse or parent. 
(2) APPLICATION
OF
OTHER
LAW.—In proc-
essing applications under this subsection on behalf 
of aliens who have been battered or subjected to ex-
treme cruelty, the Secretary shall apply— 
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506 
(A) 
the 
provisions 
under 
section 
204(a)(1)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(J)); and 
(B) the protections, prohibitions, and pen-
alties under section 384 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1367). 
(l) BACK OF THE LINE.—An alien may not adjust 
status to that of a lawful permanent resident status under 
the Development, Relief, and Education for Alien Minors 
Act of 2007 until that earlier of— 
(1) 30 days after an immigrant visa becomes 
available for petitions filed under sections 201, 202, 
and 203 that were filed before the date of enactment 
of the STRIVE Act of 2007; or 
(2) 8 years after the enactment of the Develop-
ment, Relief, and Education for Alien Minors Act of 
2007. 
(m) INELIGIBILITY
FOR PUBLIC BENEFITS.—For 
purposes of section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613), an alien whose status has been adjusted under this 
section shall not be eligible for any Federal means-tested 
public benefit unless the alien meets the alien eligibility 
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507 
criteria for such benefit under title IV of such Act (8 
U.S.C. 1601 et seq.). 
SEC. 603. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.— 
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary shall establish an ap-
pellate review process within United States Citizen-
ship and Immigration Services to provide for a sin-
gle level of administrative appellate review of a final 
determination respecting an application for classi-
fication or adjustment of status under this subtitle. 
(2) STANDARD
FOR
REVIEW.—Administrative 
appellate review under paragraph (1) shall be based 
solely upon the administrative record established at 
the time of the determination on the application and 
upon the presentation of additional or newly discov-
ered evidence during the time of the pending appeal. 
(b) JUDICIAL REVIEW.— 
(1) IN GENERAL.—The circuit courts of appeal 
of the United States shall have jurisdiction to review 
the denial of an application for classification or ad-
justment of status under this subtitle. Notwith-
standing any other provision of law, the standard for 
review of such a denial shall be governed by para-
graph (2). 
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508 
(2) STANDARD FOR JUDICIAL REVIEW.—Judi-
cial review of a denial of an application under this 
subtitle shall be based solely upon the administrative 
record established at the time of the review. The 
findings of fact and other determinations contained 
in the record shall be conclusive unless the applicant 
can establish abuse of discretion or findings that are 
directly contrary to clear and convincing facts con-
tained in the record, considered as a whole. 
(3) JURISDICTION OF COURTS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any 
cause or claim arising from a pattern or prac-
tice of the Secretary in the operation or imple-
mentation of this subtitle that is arbitrary, ca-
pricious, or otherwise contrary to law, and may 
order any appropriate relief. 
(B) REMEDIES.—A district court may 
order any appropriate relief under subpara-
graph (A) if the court determines that— 
(i) resolution of such cause or claim 
will serve judicial and administrative effi-
ciency; or 
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509 
(ii) a remedy would otherwise not be 
reasonably available or practicable. 
(c) STAY OF REMOVAL.—An alien seeking adminis-
trative or judicial review under this section may not be 
removed from the United States until a final decision is 
rendered establishing that the alien is ineligible for classi-
fication or adjustment of status under this subtitle unless 
such removal is based on criminal or national security 
grounds. 
SEC. 604. MANDATORY DISCLOSURE OF INFORMATION. 
(a) MANDATORY DISCLOSURE.—The Secretary and 
the Secretary of State shall provide a duly recognized law 
enforcement entity that submits a written request with the 
information furnished pursuant to an application filed 
under this subtitle, and any other information derived 
from such furnished information, in connection with a 
criminal investigation or prosecution or a national security 
investigation or prosecution, of an individual suspect or 
group of suspects. 
(b) LIMITATIONS.—Except as otherwise provided 
under this section, no Federal agency, or any officer, em-
ployee, or agent of such agency, may— 
(1) use the information furnished by the appli-
cant pursuant to an application for benefits under 
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this subtitle for any purpose other than to make a 
determination on the application; 
(2) make any publication through which the in-
formation furnished by any particular applicant can 
be identified; or 
(3) permit anyone other than the sworn officers 
and employees of such agency to examine individual 
applications. 
(c) CRIMINAL PENALTY.—Any person who knowingly 
uses, publishes, or permits information to be examined in 
violation of this section shall be fined not more than 
$10,000. 
SEC. 605. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.— 
(1) VIOLATION.—It shall be unlawful for any 
person— 
(A) to file, or assist in filing, an applica-
tion for benefits under this subtitle; and 
(i) to knowingly and willfully falsify, 
misrepresent, conceal, or cover up a mate-
rial fact; 
(ii) to make any false, fictitious, or 
fraudulent statements or representations; 
or 
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(iii) to make or use any false writing 
or document knowing the same to contain 
any false, fictitious, or fraudulent state-
ment or entry; or 
(B) to create or supply a false writing or 
document for use in making such an applica-
tion. 
(2) PENALTY.—Any person who violates para-
graph (1) shall be fined in accordance with title 18, 
United States Code, imprisoned not more than 5 
years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted of 
violating subsection (a) shall be considered to be inadmis-
sible to the United States on the ground described in sec-
tion 212(a)(6)(C)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) EXCEPTION.—Notwithstanding subsections (a) 
and (b), any alien or other entity (including an employer 
or union) that submits an employment record that con-
tains incorrect data used by the alien to obtain such em-
ployment, shall not, on that ground, be determined to have 
violated this section. 
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512 
SEC. 606. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATIONS. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 
by title V, is further amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (A) or (B) of’’; and 
(2) by adding at the end the following: 
‘‘(N) Aliens whose status is adjusted from that 
of a conditional nonimmigrant or conditional non-
immigrant dependent.’’. 
SEC. 607. EMPLOYER PROTECTIONS. 
(a) IMMIGRATION STATUS OF ALIEN.—Employers of 
aliens applying for conditional nonimmigrant or condi-
tional nonimmigrant dependent classification or adjust-
ment of status under section 601 or 602 shall not be sub-
ject to civil and criminal tax liability relating directly to 
the employment of such alien before receiving employment 
authorization under this subtitle. 
(b) PROVISION OF EMPLOYMENT RECORDS.—Em-
ployers that provide unauthorized aliens with copies of em-
ployment records or other evidence of employment pursu-
ant to an application for conditional nonimmigrant or con-
ditional nonimmigrant dependent classification or adjust-
ment of status under section 601 or 602 or any other ap-
plication or petition pursuant to any other immigration 
law, shall not be subject to civil and criminal liability 
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under section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) for employing such unauthorized 
aliens. 
(c) APPLICABILITY OF OTHER LAW.—Nothing in this 
section may be used to shield an employer from liability 
under section 274B of the Immigration and Nationality 
Act (8 U.S.C. 1324b) or any other labor or employment 
law. 
SEC. 608. LIMITATIONS ON ELIGIBILITY. 
(a) IN GENERAL.—An alien is not ineligible for any 
immigration benefit under any provision of this title, or 
any amendment made by this title, solely on the basis that 
the alien violated section 1543, 1544, or 1546 of title 18, 
United States Code, or any amendments made by this Act, 
during the period beginning on the date of the enactment 
of this Act and ending on the date on which the alien ap-
plies for any benefits under this title. 
(b) PROSECUTION.—An alien who commits a viola-
tion of section 1543, 1544, or 1546 of such title or any 
amendments made by this Act, during the period begin-
ning on the date of the enactment of this Act and ending 
on the date that the alien applies for eligibility for such 
benefit may be prosecuted for the violation if the alien’s 
application for such benefit is denied. 
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514 
SEC. 609. RULEMAKING. 
The Secretary shall promulgate regulations regarding 
the timely filing and processing of applications for benefits 
under this subtitle. 
SEC. 610. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary such sums as may be necessary 
to carry out this subtitle and the amendments made by 
this subtitle. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to subsection (a) shall remain available until ex-
pended. 
(c) SENSE OF CONGRESS.—It is the sense of the Con-
gress that funds authorized to be appropriated under sub-
section (a) should be directly appropriated so as to facili-
tate the orderly and timely commencement of the proc-
essing of applications filed under sections 601 and 602. 
Subtitle B—DREAM Act of 2007 
SEC. 621. SHORT TITLE. 
This subtitle may be cited as the ‘‘Development, Re-
lief, and Education for Alien Minors Act of 2007’’ or the 
‘‘DREAM Act of 2007’’. 
SEC. 622. DEFINITIONS. 
In this subtitle: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
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meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(2) UNIFORMED
SERVICES.—The term ‘‘uni-
formed services’’ has the meaning given that term in 
section 101(a) of title 10, United States Code. 
SEC. 623. 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 enactment of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 110 Stat. 
3009–546). 
SEC. 624. CANCELLATION OF REMOVAL AND ADJUSTMENT 
OF STATUS OF CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES 
AS CHILDREN. 
(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES AS CHIL-
DREN.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law and except as otherwise provided in 
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516 
this subtitle, the Secretary may cancel removal of, 
and adjust to the status of an alien lawfully admit-
ted for permanent residence, subject to the condi-
tional basis described in section 625, an alien who 
is inadmissible or deportable from the United States, 
if the alien demonstrates 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 enactment of this Act, and had not yet 
reached the age of 16 years at the time of ini-
tial entry; 
(B) the alien has been a person of good 
moral character since the time of application; 
(C) the alien— 
(i) is not inadmissible under para-
graph (2), (3), (6)(E), or (10)(C) of sec-
tion 212(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)); and 
(ii) is not deportable under paragraph 
(1)(E), (2), or (4) of section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1227(a)); 
(D) the alien, at the time of application, 
has been admitted to an institution of higher 
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education in the United States, or has earned 
a high school diploma or obtained a general 
education development certificate in the United 
States; and 
(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. 
(2) WAIVER.—Notwithstanding paragraph (1), 
the Secretary may waive the ground of ineligibility 
under section 212(a)(6)(E) of the Immigration and 
Nationality Act and the ground of deportability 
under paragraph (1)(E) of section 237(a) of that 
Act for humanitarian purposes or family unity or 
when it is otherwise in the public interest. 
(3) PROCEDURES.—The Secretary shall provide 
a procedure by regulation allowing eligible individ-
uals to apply affirmatively for the relief available 
under this subsection without being placed in re-
moval proceedings. 
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(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 
this section 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)). 
(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 may extend the time 
periods described in paragraph (1) if the alien dem-
onstrates that the failure to timely return to the 
United States was due to exceptional 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, grandparent, sibling, or child. 
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(d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
Nothing in this section may be construed to apply a nu-
merical limitation on the number of aliens who may be 
eligible for cancellation of removal or adjustment of status 
under this section. 
(e) RULEMAKING.— 
(1) PROPOSED REGULATIONS.—Not later than 
180 days after the date of enactment of this Act, the 
Secretary shall publish regulations implementing this 
section. Such regulations shall be effective imme-
diately on an interim basis, but are subject to 
change and revision after public notice and oppor-
tunity for a period for public comment. 
(2) INTERIM, FINAL REGULATIONS.—Within a 
reasonable time after publication of the interim reg-
ulations in accordance with paragraph (1), the Sec-
retary shall publish final regulations implementing 
this section. 
(f) REMOVAL OF ALIEN.—The Secretary may not re-
move any alien who has a pending application for condi-
tional status under this subtitle. 
SEC. 625. CONDITIONAL PERMANENT RESIDENT STATUS. 
(a) IN GENERAL.— 
(1) CONDITIONAL
BASIS
FOR
STATUS.—Not-
withstanding any other provision of law, and except 
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as provided in section 626, an alien whose status has 
been adjusted under section 624 to that of an alien 
lawfully admitted for permanent residence shall be 
considered to have obtained such status on a condi-
tional basis subject to the provisions of this section. 
Such conditional permanent resident status shall be 
valid for a period of 6 years, subject to termination 
under subsection (b). 
(2) NOTICE OF REQUIREMENTS.— 
(A) AT TIME OF OBTAINING PERMANENT 
RESIDENCE.—At the time an alien obtains per-
manent resident status on a conditional basis 
under paragraph (1), the Secretary shall pro-
vide for notice to the alien regarding the provi-
sions of this section and the requirements of 
subsection (c) to have the conditional basis of 
such status removed. 
(B) EFFECT OF FAILURE TO PROVIDE NO-
TICE.—The failure of the Secretary to provide 
a notice under this paragraph— 
(i) shall not affect the enforcement of 
the provisions of this Act with respect to 
the alien; and 
(ii) shall not give rise to any private 
right of action by the alien. 
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(b) TERMINATION OF STATUS.— 
(1) IN GENERAL.—The Secretary shall termi-
nate the conditional permanent resident status of 
any alien who obtained such status under this sub-
title, if the Secretary determines that the alien— 
(A) ceases to meet the requirements of 
subparagraph (B) or (C) of section 624(a)(1); 
(B) has become a public charge; or 
(C) has received a dishonorable or other 
than honorable discharge from the uniformed 
services. 
(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional permanent resi-
dent status is terminated under paragraph (1) shall 
return to the immigration status the alien had im-
mediately prior to receiving conditional permanent 
resident status under this subtitle. 
(c) REQUIREMENTS OF TIMELY PETITION FOR RE-
MOVAL OF CONDITION.— 
(1) IN GENERAL.—In order for the conditional 
basis of permanent resident status obtained by an 
alien under subsection (a) to be removed, the alien 
shall file with the Secretary, in accordance with 
paragraph (3), a petition which— 
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(A) requests the removal of such condi-
tional basis; and 
(B) provides, under penalty of perjury, the 
facts and information needed by the Secretary 
to make the determination described in para-
graph (2)(A). 
(2) ADJUDICATION OF PETITION TO REMOVE 
CONDITION.— 
(A) IN GENERAL.—If a petition is filed in 
accordance with paragraph (1) for an alien, the 
Secretary shall make a determination as to 
whether the alien meets the requirements set 
forth in subparagraphs (A) through (E) of sub-
section (d)(1). 
(B) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE DETERMINATION.—If the Secretary 
determines that the alien meets such require-
ments, the Secretary shall notify the alien of 
such determination and immediately remove the 
conditional basis of the status of the alien. 
(C) TERMINATION
IF
ADVERSE
DETER-
MINATION.—If the Secretary determines that 
the alien does not meet such requirements, the 
Secretary shall notify the alien of such deter-
mination and terminate the conditional perma-
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nent resident status of the alien as of the date 
of the determination. 
(3) TIME TO FILE PETITION.— 
(A) IN GENERAL.—An alien may petition 
to remove the conditional basis to lawful resi-
dent status during the period beginning 180 
days before and ending 2 years after the date 
that is 6 years after— 
(i) the date of the granting of condi-
tional permanent resident status; or 
(ii) any other expiration date of the 
conditional permanent resident status as 
extended by the Secretary in accordance 
with this subtitle. 
(B) STATUS.—The alien shall be deemed 
in conditional permanent resident status in the 
United States during the period in which a peti-
tion under subparagraph (A) is pending. 
(d) DETAILS OF PETITION.— 
(1) CONTENTS
OF
PETITION.—Each petition 
for an alien under subsection (c)(1) shall contain in-
formation to permit the Secretary to determine 
whether each of the following requirements is met: 
(A) The alien has demonstrated good 
moral character during the entire period the 
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524 
alien has been a conditional permanent resi-
dent. 
(B) The alien is in compliance with section 
624(a)(1)(C). 
(C) The alien has not abandoned the 
alien’s residence in the United States. The Sec-
retary shall presume that the alien has aban-
doned such residence if the alien is absent from 
the United States for more than 365 days, in 
the aggregate, during the period of conditional 
residence, unless the alien demonstrates that 
the alien has not abandoned the alien’s resi-
dence. An alien who is absent from the United 
States due to active service in the uniformed 
services has not abandoned the alien’s residence 
in the United States during the period of such 
service. 
(D) The alien has completed at least 1 of 
the following: 
(i) The alien has acquired a degree 
from an institution of higher education in 
the United States or has completed at 
least 2 years, in good standing, in a pro-
gram for a bachelor’s degree or higher de-
gree in the United States. 
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(ii) The alien has served in the uni-
formed services for at least 2 years and, if 
discharged, has received an honorable dis-
charge. 
(E) The alien has provided a list of each 
secondary school (as that term is defined in sec-
tion 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)) that 
the alien attended in the United States. 
(2) HARDSHIP EXCEPTION.— 
(A) IN GENERAL.—The Secretary may re-
move the conditional status of an alien if the 
alien— 
(i) satisfies the requirements of sub-
paragraphs (A), (B), and (C) of paragraph 
(1); 
(ii) 
demonstrates 
compelling 
cir-
cumstances for the inability to complete 
the requirements described in paragraph 
(1)(D); and 
(iii) demonstrates that the alien’s re-
moval from the United States would result 
in exceptional and extremely unusual hard-
ship to the alien or the alien’s spouse, par-
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526 
ent, or child who is a citizen or a lawful 
permanent resident of the United States. 
(B) EXTENSION.—Upon a showing of good 
cause, the Secretary may extend the period of 
conditional resident status for the purpose of 
completing the requirements described in para-
graph (1)(D). 
(e) TREATMENT OF PERIOD FOR PURPOSES OF NAT-
URALIZATION.—For purposes of title III of the Immigra-
tion and Nationality Act (8 U.S.C. 1401 et seq.), an alien 
who is in the United States as a lawful permanent resident 
on a conditional basis under this section shall be consid-
ered to have been admitted as an alien lawfully admitted 
for permanent residence and to be in the United States 
as an alien lawfully admitted to the United States for per-
manent residence. The alien may not apply for naturaliza-
tion until the conditional basis is removed. 
SEC. 626. RETROACTIVE BENEFITS UNDER THIS ACT. 
If, on the date of the enactment of this Act, an alien 
has satisfied all the requirements of subparagraphs (A) 
through 
(E) 
of 
section 
624(a)(1) 
and 
section 
625(d)(1)(D), the Secretary may adjust the status of the 
alien to that of a conditional resident in accordance with 
section 624. The alien may petition for removal of such 
condition at the end of the conditional residence period 
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in accordance with section 625(c) if the alien has met the 
requirements of subparagraphs (A), (B), and (C) of sec-
tion 625(d)(1) during the entire period of conditional resi-
dence. 
SEC. 627. EXCLUSIVE JURISDICTION. 
(a) IN GENERAL.—The Secretary shall have exclusive 
jurisdiction to determine eligibility for relief under this 
subtitle, except if the alien has been placed into deporta-
tion, exclusion, or removal proceedings either prior to or 
after filing an application for relief under this Act, in 
which case the Attorney General shall have exclusive juris-
diction and shall assume all the powers and duties of the 
Secretary until proceedings are terminated, or if a final 
order of deportation, exclusion, or removal is entered the 
Secretary shall resume all powers and duties delegated to 
the Secretary under this subtitle. 
(b) STAY OF REMOVAL OF CERTAIN ALIENS EN-
ROLLED IN PRIMARY OR SECONDARY SCHOOL.—The At-
torney General shall stay the removal proceedings of any 
alien who— 
(1) meets all the requirements of subpara-
graphs (A), (B), (C), and (E) of section 624(a)(1); 
(2) is at least 12 years of age; and 
(3) is enrolled full time in a primary or sec-
ondary school. 
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(c) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to subsection (b) may be engaged in employment 
in the United States consistent with the Fair Labor 
Standards Act (29 U.S.C. 201 et seq.) and State and local 
laws governing minimum age for employment. 
(d) LIFT OF STAY.—The Attorney General shall lift 
the stay granted pursuant to subsection (b) if the alien— 
(1) is no longer enrolled in a primary or sec-
ondary school; or 
(2) ceases to meet the requirements of sub-
section (b)(1). 
SEC. 628. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TION. 
Any person who files an application for relief under 
this subtitle and willfully and knowingly falsifies, mis-
represents, or conceals a material fact or makes any false 
or fraudulent statement or representation, or makes or 
uses any false writing or document knowing the same to 
contain any false or fraudulent statement or entry, shall 
be fined in accordance with title 18, United States Code, 
imprisoned not more than 5 years, or both. 
SEC. 629. CONFIDENTIALITY OF INFORMATION. 
(a) PROHIBITION.—Except as provided in subsection 
(b), no officer or employee of the United States may— 
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(1) use the information furnished by the appli-
cant pursuant to an application filed under this Act 
to initiate removal proceedings against any persons 
identified in the application; 
(2) make any publication whereby the informa-
tion furnished by any particular individual pursuant 
to an application under this Act can be identified; or 
(3) permit anyone other than an officer or em-
ployee of the United States Government or, in the 
case of applications filed under this Act with a des-
ignated entity, that designated entity, to examine 
applications filed under this Act. 
(b) REQUIRED DISCLOSURE.—The Secretary or the 
Attorney General shall provide the information furnished 
under this section, and any other information derived from 
such furnished information, to— 
(1) a duly recognized law enforcement entity in 
connection with an investigation or prosecution of an 
offense described in paragraph (2) or (3) of section 
212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)), when such information is requested 
in writing by such entity; or 
(2) an official coroner for purposes of affirma-
tively identifying a deceased individual (whether or 
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not such individual is deceased as a result of a 
crime). 
(c) 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. 
SEC. 630. EXPEDITED PROCESSING OF APPLICATIONS; PRO-
HIBITION ON FEES. 
Regulations promulgated under this subtitle shall 
provide that applications under this subtitle will be consid-
ered on an expedited basis and without a requirement for 
the payment by the applicant of any additional fee for 
such expedited processing. 
SEC. 631. HIGHER EDUCATION ASSISTANCE. 
Notwithstanding any provision of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 
to assistance provided under title IV of such Act (20 
U.S.C. 1070 et seq.), an alien who adjusts status to that 
of a lawful permanent resident under this subtitle shall 
only be eligible for the following assistance under such 
title: 
(1) Student loans under parts B, D, and E of 
such title IV (20 U.S.C. 1071 et seq., 1087a et seq., 
1087aa et seq.), subject to the requirements of such 
parts. 
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(2) Federal work-study programs under part C 
of such title IV (42 U.S.C. 2751 et seq.), subject to 
the requirements of such part. 
(3) Services under such title IV (20 U.S.C. 
1070 et seq.), subject to the requirements for such 
services. 
SEC. 632. GAO REPORT. 
Not later than 7 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit a report to the Committee on the Judi-
ciary of the Senate and the Committee on the Judiciary 
of the House of Representatives that sets forth— 
(1) the number of aliens who were eligible for 
cancellation of removal and adjustment of status 
under section 624(a); 
(2) the number of aliens who applied for adjust-
ment of status under section 624(a); 
(3) the number of aliens who were granted ad-
justment of status under section 624(a); and 
(4) the number of aliens whose conditional per-
manent resident status was removed under section 
625. 
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