(iii) is not required to have a foreign 
residence which the alien has no intention 
of abandoning. 
(3) 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)). 
(4) 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. 
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, and grant the alien 
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conditional nonimmigrant status, if the alien dem-
onstrates by a preponderance of the evidence 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 the enactment of this Act and was 
younger than 16 years of age on the date the 
alien initially entered the United States; 
(B) the alien has earned a high school di-
ploma or obtained a general education develop-
ment certificate in the United States; 
(C) the alien has been admitted to an ac-
credited 4-year institution of higher education 
in the United States; 
(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) 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 
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(ii) received the order before attaining 
the age of 19 years; 
(F) the alien was younger than 19 years of 
age on the date of the submission of the appli-
cation under this section, except that the alien 
may submit an application under this section 
before attaining the age of 21 years in the case 
of an alien who, before attaining the age of 19 
years, was granted voluntary departure; and 
(G) subject to paragraph (2), the alien— 
(i) is not inadmissible under para-
graph (1), (2), (3), (4), (6)(E), (6)(G), (8), 
(10)(A), (10)(C), or (10)(D) of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)); 
(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) has not been convicted of— 
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(I) any offense under Federal or 
State law punishable by a maximum 
term of imprisonment of more than 1 
year; or 
(II) 3 or more offenses under 
Federal or State law, for which the 
alien was convicted on different dates 
for each of the 3 offenses and sen-
tenced to imprisonment for an aggre-
gate of 90 days or more. 
(2) WAIVER.—With respect to any benefit 
under this Act, the Secretary of Homeland Security 
may waive the ground of inadmissibility under para-
graph (1), (4), or (6) of section 212(a) of the Immi-
gration 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 interest. 
(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) SURCHARGE.—The Secretary of Homeland 
Security shall charge and collect a surcharge of 
$525 per application on all applications for relief 
under this subsection. Such surcharge shall be in ad-
dition to the otherwise applicable application fee im-
posed for the purpose of recovering the full costs of 
providing adjudication and processing services. Not-
withstanding any other provision of law, including 
section 286 of the Immigration and Nationality Act 
(8 U.S.C. 1356), any surcharge collected under this 
paragraph shall be deposited as offsetting receipts in 
the General Fund of the Treasury and shall not be 
available for obligation or expenditure. 
(5) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary of Homeland Secu-
rity may not cancel the removal of an alien or grant 
conditional nonimmigrant status to the alien under 
this subsection unless the alien submits biometric 
and biographic data, in accordance with procedures 
established by the Secretary. The Secretary shall 
provide an alternative procedure for applicants who 
are unable to provide such biometric or biographic 
data because of a physical impairment. 
(6) BACKGROUND CHECKS.— 
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(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary of Homeland Security 
shall utilize biometric, biographic, and other 
data that the Secretary determines is appro-
priate— 
(i) to conduct security and law en-
forcement background checks of an alien 
seeking relief available under this sub-
section; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
such relief. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
(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. 
(7) 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, 
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shall prescribe policies and procedures for the nature 
and timing of such observation and examination. 
(8) MILITARY SELECTIVE SERVICE.—An alien 
applying for relief available under this subsection 
shall establish that the alien has registered under 
the Military Selective Service Act (50 U.S.C. App. 
451 et seq.), if the alien is subject to such registra-
tion under that Act. 
(b) TERMINATION OF CONTINUOUS PERIOD.—For 
purposes of this section, any period of continuous resi-
dence or continuous physical presence in the United States 
of an alien who applies for cancellation of removal under 
subsection (a) shall not terminate when the alien is served 
a notice to appear under section 239(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229(a)). 
(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 
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may extend the time periods described in paragraph 
(1) if the alien demonstrates that the failure to time-
ly return to the United States was due to excep-
tional circumstances. The exceptional circumstances 
determined sufficient to justify an extension should 
be no less compelling than serious illness of the 
alien, or death or serious illness of a parent, grand-
parent, sibling, or child. 
(d) REGULATIONS.— 
(1) INITIAL PUBLICATION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall publish regula-
tions implementing this section. 
(2) INTERIM
REGULATIONS.—Notwithstanding 
section 553 of title 5, United States Code, the regu-
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. 
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(e) REMOVAL OF ALIEN.—The Secretary of Home-
land Security may not remove any alien who— 
(1) has a pending application for conditional 
nonimmigrant status under this Act; and 
(2) establishes prima facie eligibility for can-
cellation of removal and conditional nonimmigrant 
status under subsection (a). 
SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 
(a) LENGTH OF STATUS.—Conditional nonimmigrant 
status granted under section 4 shall be valid for an initial 
period of 5 years, subject to termination under subsection 
(c) of this section. 
(b) TERMS OF CONDITIONAL NONIMMIGRANT STA-
TUS.— 
(1) 
EMPLOYMENT.—A 
conditional 
non-
immigrant shall be authorized to be employed in the 
United States incident to conditional nonimmigrant 
status. 
(2) TRAVEL.—A conditional nonimmigrant may 
travel outside the United States and may be admit-
ted (if otherwise admissible) upon return to the 
United States without having to obtain a visa if— 
(A) the alien is the bearer of valid, unex-
pired documentary evidence of conditional non-
immigrant status; and 
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(B) the alien’s absence from the United 
States was not for a period exceeding 180 days 
or the alien was absent from the United States 
due to active service in the armed forces. 
(c) TERMINATION OF STATUS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall terminate the conditional non-
immigrant status of any alien if the Secretary deter-
mines that the alien— 
(A) failed to enroll in an accredited 4-year 
institution of higher education in the United 
States within 1 year after the date on which the 
alien was granted conditional nonimmigrant 
status or to remain so enrolled; 
(B) ceases to meet the requirements of 
subparagraph (D) of section 4(a)(1); or 
(C) has become a public charge. 
(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional nonimmigrant 
status is terminated under paragraph (1) shall re-
turn to the immigration status the alien had imme-
diately prior to receiving conditional nonimmigrant 
status. 
(d) EXTENSION OF STATUS.— 
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(1) ELIGIBILITY.—The Secretary of Homeland 
Security shall extend the conditional nonimmigrant 
status of an alien for a second period of 5 years if 
the following requirements are met: 
(A) The alien has demonstrated good 
moral character during the entire period the 
alien has been a conditional nonimmigrant. 
(B) The alien is in compliance with section 
4(a)(1)(G). 
(C) The alien has not abandoned the 
alien’s residence in the United States. For pur-
poses of this subparagraph, the Secretary shall 
presume that the alien has abandoned such res-
idence if the alien is absent from the United 
States for more than 365 days, in the aggre-
gate, during the period of conditional non-
immigrant status, unless the alien demonstrates 
that the alien has not abandoned the alien’s 
residence. 
(D) The alien has been graduated from an 
accredited 4-year institution of higher education 
in the United States. 
(2) SURCHARGE.—The Secretary of Homeland 
Security shall charge and collect a surcharge of 
$2,000 per application on all applications for an ex-
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tension under this subsection. Such surcharge shall 
be in addition to the otherwise applicable application 
fee imposed for the purpose of recovering the full 
costs of providing adjudication and processing serv-
ices. Notwithstanding any other provision of law, in-
cluding section 286 of the Immigration and Nation-
ality Act (8 U.S.C. 1356), any surcharge collected 
under this paragraph shall be deposited as offsetting 
receipts in the General Fund of the Treasury and 
shall not be available for obligation or expenditure. 
SEC. 6. ADJUSTMENT OF STATUS. 
(a) IN GENERAL.—A conditional nonimmigrant may 
file with the Secretary of Homeland Security, in accord-
ance with subsection (c), an application to have the alien’s 
status adjusted to that of an alien lawfully admitted 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 para-
graph (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-
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ments set out in paragraphs (1) through (3) of sub-
section (d). 
(2) ADJUSTMENT
OF
STATUS
IF
FAVORABLE 
DETERMINATION.—If the Secretary determines that 
the alien meets such requirements, the Secretary 
shall notify the alien of such determination and ad-
just the alien’s status to that of an alien lawfully ad-
mitted for permanent residence, effective as of the 
date of approval of the application. 
(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 nonimmigrant 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 3 years after the date on 
which the alien obtained an extension of status 
under section 5(d); and 
(B) ending on either the date that is 10 
years after the date of the initial grant of con-
ditional nonimmigrant status or any other expi-
ration date of the conditional nonimmigrant 
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status as extended by the Secretary of Home-
land Security in accordance with this Act. 
(2) STATUS
DURING
PENDENCY.—The alien 
shall be deemed to be in conditional nonimmigrant 
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 
to permit the Secretary of Homeland Security to deter-
mine whether each of the following requirements is met: 
(1) The alien has demonstrated good moral 
character during the entire period the alien has been 
a conditional nonimmigrant. 
(2) The alien is in compliance with section 
4(a)(1)(G). 
(3) The alien has not abandoned the alien’s res-
idence in the United States. For purposes of this 
paragraph, the Secretary shall presume that the 
alien has abandoned such residence if the alien is 
absent from the United States for more than 730 
days, in the aggregate, during the period of condi-
tional nonimmigrant status, unless the alien dem-
onstrates that the alien has not abandoned the 
alien’s residence. 
(e) CITIZENSHIP REQUIREMENT.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), the status of a conditional nonimmigrant 
shall not be adjusted to permanent resident status 
unless the alien demonstrates that the alien satisfies 
the requirements of section 312(a) of the Immigra-
tion 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 
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with procedures established by the Secretary. The Sec-
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 
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aliens who may be eligible for adjustment of status under 
this section. 
(j) ELIGIBILITY
FOR NATURALIZATION.—An alien 
whose status is adjusted under this section to that of an 
alien lawfully admitted for permanent residence may be 
naturalized upon compliance with all the requirements of 
the immigration laws except the provisions of paragraph 
(1) of section 316(a) of the Immigration and Nationality 
Act (8 U.S.C. 1427(a)), if such person immediately pre-
ceding the date of filing the application for naturalization 
has resided continuously, after being lawfully admitted for 
permanent residence, within the United States for at least 
5 years, and has been physically present in the United 
States for periods totaling at least half of that time and 
has resided within the State or the district of U.S. Citizen-
ship and Immigration Services in the United States in 
which the applicant filed the application for at least 3 
months. An alien described in this subsection may file the 
application for naturalization as provided in the second 
sentence of subsection (a) of section 334 of the Immigra-
tion and Nationality Act (8 U.S.C. 1445). 
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SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 
FOR 
EXTENSION 
OF 
CONDITIONAL 
NON-
IMMIGRANT 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 nonimmigrant status in 
accordance with section 4, and may extend conditional 
nonimmigrant status in accordance with section 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 
nonimmigrant status. 
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 nonimmigrant status or adjustment of sta-
tus under this Act, in which case the Attorney General 
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, exclusion, 
or removal is entered the Secretary shall resume all powers 
and duties delegated to the Secretary under this Act. If 
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the Secretary grants relief under this Act, the final order 
of deportation, exclusion, or removal shall be terminated. 
SEC. 9. PENALTIES FOR FALSE STATEMENTS. 
Whoever files an application for any benefit under 
this Act and willfully and knowingly falsifies, misrepre-
sents, 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 con-
tain any false or fraudulent statement or entry, shall be 
fined in accordance with title 18, United States Code, im-
prisoned not more than 5 years, or both. 
SEC. 10. 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 
(3) permit anyone other than an officer or em-
ployee of the United States Government or, in the 
case of an application filed under this Act with a 
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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). 
(c) FRAUD IN APPLICATION PROCESS OR CRIMINAL 
CONDUCT.—Notwithstanding any other provision of this 
section, information concerning whether an alien seeking 
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relief under this Act has engaged in fraud in an applica-
tion for such relief or at any time committed a crime may 
be used or released for immigration enforcement, law en-
forcement, or national security purposes. 
(d) PENALTY.—Whoever knowingly uses, publishes, 
or permits information to be examined in violation of this 
section shall be fined not more than $10,000. 
SEC. 11. TREATMENT OF CONDITIONAL NONIMMIGRANTS 
FOR CERTAIN PURPOSES. 
(a) IN GENERAL.—An individual granted conditional 
nonimmigrant status under this Act shall, while such indi-
vidual remains in such status, be considered lawfully 
present for all purposes except— 
(1) section 36B of the Internal Revenue Code 
of 1986 (concerning premium tax credits), as added 
by section 1401 of the Patient Protection and Af-
fordable Care Act (Public Law 111–148); and 
(2) section 1402 of the Patient Protection and 
Affordable Care Act (concerning reduced cost shar-
ing; 42 U.S.C. 18071). 
(b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY 
WAITING PERIOD UNDER PRWORA.—An individual who 
has met the requirements under this Act for adjustment 
from conditional nonimmigrant status to lawful perma-
nent resident status shall be considered, as of the date 
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of such adjustment, to have completed the 5-year period 
specified in section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613). 
SEC. 12. 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 to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the 
House of Representatives a report setting forth— 
(1) the number of aliens who were eligible for 
cancellation of removal and grant of conditional non-
immigrant status under section 4(a); 
(2) the number of aliens who applied for can-
cellation of removal and grant of conditional non-
immigrant status under section 4(a); 
(3) the number of aliens who were granted con-
ditional nonimmigrant status under section 4(a); 
and 
(4) the number of aliens whose status was ad-
justed to that of an alien lawfully admitted for per-
manent residence under section 6. 
Æ 
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srobinson on DSK4SPTVN1PROD with BILLS