I 
115TH CONGRESS 
1ST SESSION H. R. 1468 
To authorize the cancellation of removal and adjustment of status of certain 
aliens who are long-term United States residents and who entered the 
United States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2017 
Mr. CURBELO of Florida (for himself, Mr. COFFMAN, Mr. DENHAM, Mr. 
DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. AMODEI, Mr. VALADAO, Miss 
GONZA´LEZ-COLO´N of Puerto Rico, Mr. UPTON, and Mr. REICHERT) in-
troduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Homeland Security, and 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain aliens who are long-term United 
States residents and who entered the United States as 
children, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recognizing America’s 
Children Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Cancellation of removal of certain long-term residents who entered the 
United States as children. 
Sec. 5. Conditional permanent resident status. 
Sec. 6. Removal of conditional basis for permanent residence. 
Sec. 7. Treatment of aliens meeting requirements for extension of conditional 
permanent resident status. 
Sec. 8. Exclusive jurisdiction. 
Sec. 9. Confidentiality of information. 
Sec. 10. Treatment of conditional permanent residents for certain purposes. 
Sec. 11. GAO report. 
Sec. 12. Military enlistment. 
Sec. 13. Naturalization of enlistees. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, a term used in this Act that is used 
in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) ALIEN
ENLISTEE.—The term ‘‘alien en-
listee’’ means a conditional permanent resident that 
seeks to maintain or extend such status by means of 
satisfaction of the requirements of this Act relating 
to enlistment and service in the Armed Forces of the 
United States. 
(3) ALIEN
POSTSECONDARY
STUDENT.—The 
term ‘‘alien postsecondary student’’ means a condi-
tional permanent resident that seeks to maintain or 
extend such status by means of satisfaction of the 
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requirements of this Act relating to enrollment in, 
and graduation from, an institution of higher edu-
cation in the United States. 
(4) CONDITIONAL PERMANENT RESIDENT.— 
(A) DEFINITION.—The term ‘‘conditional 
permanent resident’’ means an alien who is 
granted conditional permanent resident status 
under this Act. 
(B) DESCRIPTION.—A conditional perma-
nent resident— 
(i) shall not be considered to be an 
alien who is unlawfully present in the 
United States for purposes of the immigra-
tion laws, including section 505 of the Ille-
gal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 
1623); 
(ii) shall be considered to be an alien 
lawfully admitted for permanent residence 
in the United States on a conditional basis; 
(iii) has the intention permanently to 
reside in the United States; 
(iv) is not required to have a foreign 
residence which the alien has no intention 
of abandoning; and 
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(v) shall be considered inspected and 
admitted for the purposes of section 
245(a) of the Immigration and Nationality 
Act (8 U.S.C. 1255(a)). 
(5) CONVICTION.—The term ‘‘conviction’’ does 
not include an adjudication or judgment of guilt that 
has been dismissed, expunged, deferred, annulled, in-
validated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position. Section 101(a)(48)(B) of the Immigration 
and Nationality Act shall not apply for purposes of 
this Act. 
(6) 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)). 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002), except 
that the term does not include an institution of high-
er education outside the United States. 
(8) MILITARY-RELATED
TERMS.—The terms 
‘‘armed forces’’, ‘‘active duty’’, ‘‘active service’’, and 
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‘‘active status’’ have the meanings given those terms 
in section 101 of title 10, United States Code. 
SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG- 
TERM 
RESIDENTS 
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 
this Act, the Secretary of Homeland Security may 
cancel removal of an alien who is inadmissible or de-
portable from the United States or who is the child 
of another alien who is lawfully present in the 
United 
States 
with 
status 
under 
section 
101(a)(15)(E)(ii), and grant the alien conditional 
permanent resident status, if the alien demonstrates 
by a preponderance of the evidence that— 
(A) the alien has been physically present in 
the United States for a continuous period since 
January 1, 2012; 
(B) the alien was younger than 16 years of 
age on the date the alien initially entered the 
United States; 
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(C) the alien, if the alien is 18 years of age 
or older— 
(i) has earned a high school diploma, 
a commensurate alternative award from a 
public or private high school or secondary 
school, obtained a general education devel-
opment certificate recognized under State 
law, or a high school equivalency diploma 
in the United States; 
(ii) the alien has been admitted to an 
institution of higher education in the 
United States; or 
(iii) the alien has a valid work author-
ization; 
(D) the alien has been a person of good 
moral character (as defined in section 101(f) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(f))) since the date the alien initially en-
tered the United States; 
(E) subject to paragraph (2), the alien— 
(i) is not inadmissible under para-
graph (1), (2), (3), (4), (6)(E), (8), 
(10)(A), (10)(C), or (10)(D) of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)); 
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(ii) is not deportable under paragraph 
(1)(E), (1)(G), (2), (4), (5), or (6) of sec-
tion 237(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)); 
(iii) has not ordered, incited, assisted, 
or otherwise participated in the persecution 
of any person on account of race, religion, 
nationality, membership in a particular so-
cial group, or political opinion; and 
(iv) other than an offense under State 
or local law for which an essential element 
was the alien’s immigration status, a 
minor traffic offense, or a violation of this 
Act, has not been convicted of— 
(I) any offense under Federal or 
State law punishable by a maximum 
term of imprisonment of more than 1 
year; or 
(II) any combination of offenses 
under Federal or State law, for which 
the alien was sentenced to imprison-
ment for a total of more than 1 year; 
and 
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(F) 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 18 years. 
(2) WAIVER.—With respect to any benefit 
under this Act, the Secretary of Homeland Security 
may waive subclauses (I) and (II) of subsection 
(a)(1)(E)(iv) of this section, the ground of inadmis-
sibility under paragraph (1), (4), or (6) of section 
212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)), and the ground of deportability 
under paragraph (1) of section 237(a) of that Act 
(8 U.S.C. 1227(a)), for humanitarian purposes or 
family unity or when it is otherwise in the public in-
terest. 
(3) PROCEDURES.—The Secretary of Homeland 
Security shall provide a procedure by regulation al-
lowing eligible individuals to apply affirmatively for 
the relief available under this subsection without 
being placed in removal proceedings. 
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(4) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary of Homeland Secu-
rity may not cancel the removal of an alien or grant 
conditional permanent resident status to the alien 
under this subsection unless the alien submits bio-
metric and biographic data, in accordance with pro-
cedures established by the Secretary. The Secretary 
shall provide an alternative procedure for applicants 
who are unable to provide such biometric or bio-
graphic data because of a physical impairment. 
(5) 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. 
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(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
(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. 
(6) 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. 
(7) 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 
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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 of Homeland Security 
may extend the time periods described in paragraph 
(1) by 90 days if the alien demonstrates that the 
failure to timely return to the United States was due 
to exceptional circumstances. The exceptional cir-
cumstances determined sufficient to justify an exten-
sion should be no less compelling than serious illness 
of the alien, or death or serious illness of a parent, 
grandparent, 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. 
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(2) INTERIM
REGULATIONS.—Notwithstanding 
section 553 of title 5, United States Code, the regu-
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 
permanent resident status under this Act; or 
(2) establishes prima facie eligibility for can-
cellation of removal and conditional permanent resi-
dent status under subsection (a) and is provided a 
reasonable opportunity to file an application under 
subsection (a). 
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 
(a) LENGTH
OF STATUS.—Conditional permanent 
resident status granted under section 4 shall be valid for 
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an initial period of 5 years, subject to termination under 
subsection (c) of this section. 
(b) TERMS OF CONDITIONAL PERMANENT RESIDENT 
STATUS.— 
(1) EMPLOYMENT.—A conditional permanent 
resident shall be authorized— 
(A) to be employed in the United States 
incident to conditional permanent resident sta-
tus; and 
(B) to enlist in the armed forces as pro-
vided in section 504(b)(1)(D) of title 10, 
United States Code, as added by section 12. 
(2) TRAVEL.—A conditional permanent resident 
may travel outside the United States and may be ad-
mitted (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 per-
manent resident 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.— 
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(1) IN GENERAL.—The Secretary of Homeland 
Security shall terminate the conditional permanent 
resident status of any alien if the Secretary deter-
mines that the alien is 18 years of age or older 
and— 
(A) in the case of— 
(i) an alien postsecondary student, the 
alien failed to enroll in an accredited insti-
tution of higher education in the United 
States within 1 year after the date on 
which the alien was granted conditional 
permanent resident status or to remain so 
enrolled; 
(ii) an alien described under section 
4(a)(1)(C), the alien has not been em-
ployed for a total period of 48 months dur-
ing the 5-year period beginning on the date 
that the alien was granted conditional per-
manent resident status; or 
(iii) an alien enlistee, the alien— 
(I) failed to enlist, and be accept-
ed for enlistment, in the armed forces 
within 9 months after the date on 
which the alien was granted condi-
tional permanent resident status; or 
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(II) has received a dishonorable 
or other than honorable discharge 
from the armed forces; 
(B) ceases to meet the requirements of 
subparagraph (D) or (E) of section 4(a)(1); or 
(C) has become a public charge. 
(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. 
(d) EXTENSION
OF
STATUS.—The Secretary of 
Homeland Security shall extend the conditional permanent 
resident status of an alien for a second period of 5 years 
if the following requirements are met: 
(1) The alien has demonstrated good moral 
character during the entire period the alien has been 
a conditional permanent resident. 
(2) The alien is in compliance with section 
4(a)(1)(E). 
(3) The alien has not abandoned the alien’s res-
idence in the United States. For purposes of this 
subparagraph, the Secretary shall presume that the 
alien has abandoned such residence if the alien is 
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absent from the United States for more than 365 
days, in the aggregate, during the period of condi-
tional permanent resident status, unless the alien 
demonstrates that the alien has not abandoned the 
alien’s residence. 
(4) The alien is 18 years of age or older and— 
(A) in the case of an alien postsecondary 
student, has been graduated from an accredited 
institution of higher education in the United 
States; 
(B) in the case of an alien described under 
section 4(a)(1)(C), the alien has been employed 
for a total period of 48 months during the 5- 
year period beginning on the date that the alien 
was granted conditional permanent resident sta-
tus; or 
(C) in the case of an alien enlistee, has 
served as a member of a regular or reserve 
component of the armed forces in an active 
duty status for at least 3 years, and, if dis-
charged, received an honorable discharge. 
SEC. 6. REMOVAL OF CONDITIONAL BASIS FOR PERMA-
NENT RESIDENCE. 
(a) IN GENERAL.—A conditional permanent resident 
may file with the Secretary of Homeland Security, in ac-
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cordance with subsection (c), an application to remove the 
conditional basis of permanent residency and to have the 
alien’s status adjusted to that of an alien lawfully admit-
ted for permanent residence. The application shall provide, 
under penalty of perjury, the facts and information so that 
the Secretary may make the determination described in 
subsection (b)(1). 
(b) ADJUDICATION OF APPLICATION FOR ADJUST-
MENT OF STATUS.— 
(1) IN GENERAL.—If an application is filed in 
accordance with subsection (a) for an alien, the Sec-
retary of Homeland Security shall make a deter-
mination as to whether the alien meets the require-
ments set out in subsection (d). 
(2) ADJUSTMENT
OF
STATUS
IF
FAVORABLE 
DETERMINATION.—Notwithstanding any other provi-
sion of law, including paragraphs (2), (3), (4), and 
(8) of section 245(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(c)), if the Secretary deter-
mines that the alien meets such requirements, the 
Secretary shall notify the alien of such determina-
tion and adjust the alien’s status to that of an alien 
lawfully admitted for permanent residence, effective 
as of the date of approval of the application. 
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(3) TERMINATION
IF
ADVERSE
DETERMINA-
TION.—If the Secretary determines that the alien 
does not meet such requirements, the Secretary shall 
notify the alien of such determination and terminate 
the conditional permanent resident status of the 
alien as of the date of the determination. 
(c) TIME TO FILE APPLICATION.— 
(1) IN GENERAL.—An alien shall file an appli-
cation for adjustment of status during the period— 
(A) beginning on the date on which the 
alien obtained an extension of status under sec-
tion 5(d); and 
(B) ending on either the date that is 10 
years after the date of the initial grant of con-
ditional permanent resident status or any other 
expiration date of the conditional permanent 
resident status as extended by the Secretary of 
Homeland Security in accordance with this Act. 
(2) STATUS
DURING
PENDENCY.—The alien 
shall be deemed to be in conditional permanent resi-
dent status in the United States during the period 
in which such application is pending. 
(d) CONTENTS OF APPLICATION.—Each application 
for an alien under subsection (a) shall contain information 
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manent residency removed or be adjusted to perma-
nent resident status unless the alien demonstrates 
that the alien satisfies the requirements of section 
312(a) of the Immigration and Nationality Act (8 
U.S.C. 1423(a)). 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to an alien who is unable because of a physical 
or developmental disability or mental impairment to 
meet the requirements of such paragraph. 
(f) PAYMENT OF FEDERAL TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which an application is filed under subsection (a) for 
adjustment of status, the alien shall satisfy any ap-
plicable Federal tax liability due and owing on such 
date. 
(2) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
For purposes of paragraph (1), the term ‘‘applicable 
Federal tax liability’’ means liability for Federal 
taxes imposed under the Internal Revenue Code of 
1986, including any penalties and interest thereon. 
(g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary of Homeland Security may not ad-
just the status of an alien under this section unless the 
alien submits biometric and biographic data, in accordance 
with procedures established by the Secretary. The Sec-
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retary shall provide an alternative procedure for applicants 
who are unable to provide such biometric or biographic 
data because of a physical impairment. 
(h) BACKGROUND CHECKS.— 
(1) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary of Homeland Security shall 
utilize biometric, biographic, and other data that the 
Secretary determines appropriate— 
(A) to conduct security and law enforce-
ment background checks of an alien applying 
for adjustment of status under this section; and 
(B) to determine whether there is any 
criminal, national security, or other factor that 
would render the alien ineligible for such ad-
justment of status. 
(2) COMPLETION OF BACKGROUND CHECKS.— 
The security and law enforcement background 
checks required by paragraph (1) shall be completed, 
to the satisfaction of the Secretary, prior to the date 
the Secretary grants adjustment of status. 
(i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
Nothing in this section or in any other law may be con-
strued to apply a numerical limitation on the number of 
aliens who may be eligible for adjustment of status under 
this section. 
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(j) ELIGIBILITY FOR NATURALIZATION.— 
(1) IN GENERAL.—An alien whose status is ad-
justed under this section to that of an alien lawfully 
admitted for permanent residence may be natural-
ized upon compliance with all the requirements of 
the immigration laws. 
(2) ALIEN ENLISTEES.—For purposes of sec-
tion 316(a), an alien enlistee whose status was ad-
justed under this section shall be deemed to have 
satisfied the requirements of paragraphs (1) and (2) 
of such section, and may apply for naturalization. 
SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 
FOR EXTENSION OF CONDITIONAL PERMA-
NENT RESIDENT STATUS. 
If, on the date of the enactment of this Act, an alien 
has satisfied all the requirements of sections 4(a)(1) and 
5(d)(1)(D), the Secretary of Homeland Security may can-
cel removal and grant conditional permanent resident sta-
tus in accordance with section 4, and may extend condi-
tional permanent resident status in accordance with sec-
tion 5(d). The alien may apply for adjustment of status 
in accordance with section 6(a) if the alien has met the 
requirements of section 5(d)(1) during the entire period 
of conditional permanent resident status. 
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SEC. 8. EXCLUSIVE JURISDICTION. 
The Secretary of Homeland Security shall have exclu-
sive jurisdiction to determine eligibility for relief under 
this Act, except where the alien has been placed into de-
portation, exclusion, or removal proceedings either prior 
to or after filing an application for cancellation of removal 
and conditional permanent resident status or adjustment 
of status under this Act, in which case the Attorney Gen-
eral shall have exclusive jurisdiction and shall assume all 
the powers and duties of the Secretary until proceedings 
are terminated, or if a final order of deportation, exclu-
sion, or removal is entered the Secretary shall resume all 
powers and duties delegated to the Secretary under this 
Act. If the Secretary grants relief under this Act, the final 
order of deportation, exclusion, or removal shall be termi-
nated. 
SEC. 9. CONFIDENTIALITY OF INFORMATION. 
(a) PROHIBITION.—Except as provided in subsection 
(b), no officer or employee of the United States may— 
(1) use the information furnished by an indi-
vidual pursuant to an application filed under this 
Act to initiate removal proceedings against any per-
son 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 
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(3) permit anyone other than an officer or em-
ployee of the United States Government, the alien, 
or, in the case of an application filed under this Act 
with a designated entity, that designated entity, to 
examine such application filed under this Act. 
(b) REQUIRED DISCLOSURE.—The Attorney General 
or the Secretary of Homeland Security shall provide the 
information furnished under this Act, and any other infor-
mation derived from such furnished information, to— 
(1) a Federal, State, tribal, or local law enforce-
ment agency, intelligence agency, national security 
agency, component of the Department of Homeland 
Security, court, or grand jury in connection with a 
criminal investigation or prosecution, a background 
check conducted pursuant to the Brady Handgun 
Violence Protection Act (Public Law 103–159; 107 
Stat. 1536) or an amendment made by that Act, or 
for homeland security or national security purposes, 
if such information is requested by such entity or 
consistent with an information sharing agreement or 
mechanism; or 
(2) an official coroner for purposes of affirma-
tively identifying a deceased individual (whether or 
not such individual is deceased as a result of a 
crime). 
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