(A) failed to enlist, and be accepted for en-
listment, in the armed forces within 9 months 
after the date on which the alien was granted 
conditional nonimmigrant status; 
(B) ceases to meet the requirements of 
subparagraph (B) or (C) of section 4(a)(1); 
(C) has become a public charge; or 
(D) has received a dishonorable or other 
than honorable discharge from the armed 
forces. 
(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.— 
(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. 
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(B) The alien is in compliance with section 
4(a)(1)(C). 
(C) The alien has not abandoned the 
alien’s residence in the United States. For pur-
poses of this subparagraph— 
(i) the Secretary shall presume that 
the alien has abandoned such residence if 
the alien is absent from the United States 
for more than 365 days, in the aggregate, 
during the period of conditional non-
immigrant status, unless the alien dem-
onstrates that the alien has not abandoned 
the alien’s residence; and 
(ii) an alien who is absent from the 
United States due to active service in the 
armed forces has not abandoned the alien’s 
residence in the United States during the 
period of such service. 
(D) The alien has served as a member of 
a regular or reserve component of the armed 
forces on active duty for at least 2 years or as 
a member of a reserve component of the armed 
forces in an active status for at least 4 years, 
and, if discharged, received an honorable dis-
charge. 
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(2) SURCHARGE.—The Secretary of Homeland 
Security shall charge and collect a surcharge of 
$2,000 per application on all applications for an ex-
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.— 
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(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 paragraphs (1) through (4) 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 on the date on which the 
alien obtained an extension of status under sec-
tion 5(d); and 
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(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 
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)(C). 
(3) The alien has not abandoned the alien’s res-
idence in the United States. For purposes of this 
paragraph— 
(A) the Secretary shall presume that the 
alien has abandoned such residence if the alien 
is absent from the United States for more than 
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730 days, in the aggregate, during the period of 
conditional nonimmigrant status, unless the 
alien demonstrates that the alien has not aban-
doned the alien’s residence; and 
(B) an alien who is absent from the United 
States due to active service in the armed forces 
has not abandoned the alien’s residence in the 
United States during the period of such service. 
(e) CITIZENSHIP REQUIREMENT.— 
(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. 
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(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-
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. 
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(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. 
(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 
3 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 
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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). 
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 section 4(a)(1) and 
section 5(d)(1)(D), the Secretary of Homeland Security 
may cancel removal and grant conditional nonimmigrant 
status in accordance with section 4, and may extend condi-
tional nonimmigrant status in accordance with section 
5(d). The alien may apply for adjustment of status in ac-
cordance with section 6(a) if the alien has met the require-
ments of subparagraphs (A), (B), and (C) of section 
5(d)(1) during the entire period of conditional non-
immigrant 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-
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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 
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; 
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(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 
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 
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(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 
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 
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(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 
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. MILITARY ENLISTMENT. 
Section 504(b)(1) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(D) An alien who is a conditional non-
immigrant (as that term is defined in section 3 of 
the Adjusted Residency for Military Service Act).’’. 
SEC. 13. 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— 
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(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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