‘‘(i) The alien is inadmissible under 
paragraph (2) or (3) of section 212(a) of 
the Immigration and Nationality Act. 
‘‘(ii) Excluding any offense under 
State law for which an essential element is 
the alien’s immigration status, and any 
minor traffic offense, the alien has been 
convicted of— 
‘‘(I) any felony offense; 
‘‘(II) three or more misdemeanor 
offenses (excluding simple possession 
of cannabis or cannabis-related para-
phernalia, any offense involving can-
nabis 
or 
cannabis-related 
para-
phernalia which is no longer prosecut-
able in the State in which the convic-
tion was entered, and any offense in-
volving civil disobedience without vio-
lence) not occurring on the same date, 
and not arising out of the same act, 
omission, or scheme of misconduct; or 
‘‘(III) a misdemeanor offense of 
domestic violence, unless the alien 
demonstrates that such crime is re-
lated to the alien having been— 
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‘‘(aa) a victim of domestic 
violence, sexual assault, stalking, 
child abuse or neglect, abuse or 
neglect in later life, or human 
trafficking; 
‘‘(bb) battered or subjected 
to extreme cruelty; or 
‘‘(cc) a victim of criminal ac-
tivity 
described 
in 
section 
101(a)(15)(U)(iii). 
‘‘(B) 
TREATMENT
OF
CERTAIN
OF-
FENSES.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
section 101(h), a crime described in clause 
(ii) shall only be considered for purposes of 
this subsection if— 
‘‘(I) such crime involves personal 
injury or death to another; or 
‘‘(II) the alien has been convicted 
of such a crime more than once dur-
ing the 10 years immediately pre-
ceding the date of the alien’s applica-
tion. 
‘‘(ii) CRIME DESCRIBED.—A crime de-
scribed in this clause is— 
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‘‘(I) a crime of reckless driving 
or of driving while intoxicated or 
under the influence of alcohol or of 
controlled substances; or 
‘‘(II) a crime involving controlled 
substances. 
‘‘(C) 
WAIVERS
FOR
CERTAIN
MIS-
DEMEANORS.—For 
humanitarian 
purposes, 
family unity, or if otherwise in the public inter-
est, the Secretary may— 
‘‘(i) waive the grounds of inadmis-
sibility under subparagraphs (A), (C), and 
(D) of section 212(a)(2), unless the convic-
tion forming the basis for inadmissibility 
would otherwise render the alien ineligible 
under subparagraph (A)(ii) (subject to 
clause (ii)); and 
‘‘(ii) for purposes of subclauses (II) 
and (III) of subparagraph (A)(ii), waive 
consideration of— 
‘‘(I) one misdemeanor offense if 
the alien has not been convicted of 
any offense in the 5-year period pre-
ceding the date on which the alien ap-
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plies for adjustment of status under 
this subsection; or 
‘‘(II) up to two misdemeanor of-
fenses if the alien has not been con-
victed of any offense in the 10-year 
period preceding the date on which 
the alien applies for adjustment of 
status under this subsection. 
‘‘(D) 
AUTHORITY
TO
CONDUCT
SEC-
ONDARY REVIEW.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
an alien’s eligibility for adjustment of sta-
tus under this subsection, and subject to 
the procedures described in this subpara-
graph, the Secretary of Homeland Security 
or the Attorney General may, as a matter 
of non-delegable discretion, provisionally 
deny an application for adjustment of sta-
tus if the Secretary or the Attorney Gen-
eral, based on clear and convincing evi-
dence, which shall include credible law en-
forcement information, determines that the 
alien is described in clause (ii) or (iv). 
‘‘(ii) PUBLIC SAFETY.—An alien is de-
scribed in this clause if— 
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‘‘(I) excluding simple possession 
of cannabis or cannabis-related para-
phernalia, any offense involving can-
nabis 
or 
cannabis-related 
para-
phernalia which is no longer prosecut-
able in the State in which the convic-
tion was entered, any offense under 
State law for which an essential ele-
ment is the alien’s immigration sta-
tus, any offense involving civil disobe-
dience without violence, and any 
minor traffic offense, the alien— 
‘‘(aa) has been convicted of 
a misdemeanor offense punish-
able by a term of imprisonment 
of more than 30 days; or 
‘‘(bb) has been adjudicated 
delinquent in a State or local ju-
venile court proceeding that re-
sulted in a disposition ordering 
placement in a secure facility; 
and 
‘‘(II) the alien poses a significant 
and continuing threat to public safety 
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related to such conviction or adjudica-
tion. 
‘‘(iii) PUBLIC
SAFETY
DETERMINA-
TION.—For purposes of clause (ii)(II), the 
Secretary shall consider the recency of the 
conviction or adjudication; the length of 
any imposed sentence or placement; the 
nature and seriousness of the conviction or 
adjudication, including whether the ele-
ments of the offense include the unlawful 
possession or use of a deadly weapon to 
commit an offense or other conduct in-
tended to cause serious bodily injury; and 
any mitigating factors pertaining to the 
alien’s role in the commission of the of-
fense. 
‘‘(iv) GANG PARTICIPATION.—An alien 
is described in this clause if the alien has, 
within the 5 years immediately preceding 
the date of the application, knowingly, will-
fully, and voluntarily participated in of-
fenses committed by a criminal street gang 
(as described in subsections (a) and (c) of 
section 521 of title 18, United States 
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Code) with the intent to promote or fur-
ther the commission of such offenses. 
‘‘(v) EVIDENTIARY LIMITATION.—For 
purposes of clause (iv), allegations of gang 
membership obtained from a State or Fed-
eral in-house or local database, or a net-
work of databases used for the purpose of 
recording and sharing activities of alleged 
gang members across law enforcement 
agencies, shall not establish the participa-
tion described in such clause. 
‘‘(vi) NOTICE.— 
‘‘(I) IN GENERAL.—Prior to ren-
dering a discretionary decision under 
this subparagraph, the Secretary of 
Homeland Security or the Attorney 
General shall provide written notice of 
the intent to provisionally deny the 
application to the alien (or the alien’s 
counsel of record, if any) by certified 
mail and, if an electronic mail address 
is provided, by electronic mail (or 
other form of electronic communica-
tion). Such notice shall— 
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‘‘(aa) articulate with speci-
ficity all grounds for the prelimi-
nary determination, including the 
evidence relied upon to support 
the determination; and 
‘‘(bb) provide the alien with 
not less than 90 days to respond. 
‘‘(II) 
SECOND
NOTICE.—Not 
more than 30 days after the issuance 
of the notice under subclause (I), the 
Secretary of Homeland Security or 
the Attorney General shall provide a 
second written notice that meets the 
requirements of such clause. 
‘‘(III) NOTICE NOT RECEIVED.— 
Notwithstanding any other provision 
of law, if an applicant provides good 
cause for not contesting a provisional 
denial under this paragraph, including 
a failure to receive notice as required 
under this subparagraph, the Sec-
retary of Homeland Security or the 
Attorney General shall, upon a motion 
filed by the alien, reopen an applica-
tion for adjustment of status under 
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this subsection and allow the appli-
cant an opportunity to respond, con-
sistent with subclause (I)(bb). 
‘‘(E) DEFINITIONS.—For purposes of this 
paragraph— 
‘‘(i) the term ‘felony offense’ means 
an offense under Federal or State law that 
is punishable by a maximum term of im-
prisonment of more than 1 year; 
‘‘(ii) the term ‘misdemeanor offense’ 
means an offense under Federal or State 
law that is punishable by a term of impris-
onment of more than 5 days but not more 
than 1 year; 
‘‘(iii) the term ‘crime of domestic vio-
lence’ means any offense that has as an 
element the use, attempted use, or threat-
ened use of physical force against a person 
committed by a current or former spouse 
of the person, by an individual with whom 
the person shares a child in common, by 
an individual who is cohabiting with or has 
cohabited with the person as a spouse, by 
an individual similarly situated to a spouse 
of the person under the domestic or family 
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violence laws of the jurisdiction where the 
offense occurs, or by any other individual 
against a person who is protected from 
that individual’s acts under the domestic 
or family violence laws of the United 
States or any State, Indian tribal govern-
ment, or unit of local government; and 
‘‘(iv) the terms ‘convicted’, ‘convic-
tion’, ‘adjudicated’, and ‘adjudication’ do 
not include a judgment that has been ex-
punged or set aside, that resulted in a re-
habilitative disposition, or the equivalent. 
‘‘(4) WORK AUTHORIZATION.—In the case of an 
alien who has temporary resident status under this 
subsection, the Secretary of Homeland Security shall 
authorize the alien to engage in employment in the 
United States and provide the alien with an ‘employ-
ment authorized’ endorsement or other appropriate 
work permit. Work authorization provided under this 
paragraph shall be effective throughout the period 
the alien is in temporary resident status under this 
subsection. 
‘‘(5) TERMS OF STATUS.— 
‘‘(A) IN
GENERAL.—Temporary resident 
status under this subsection shall be valid for a 
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period of 3 years, unless such period is ex-
tended or renewed. 
‘‘(B) RENEWAL.—In the case of an alien 
who has temporary resident status under this 
subsection, the Secretary of Homeland Security 
shall renew the status in 3-year increments, 
with no limit on the number of such renewals, 
if— 
‘‘(i) the alien files a nonfrivolous ap-
plication for renewal before the date of ex-
piration of the period of stay authorized by 
the Secretary; and 
‘‘(ii) the Secretary determines that 
the alien continues to meet the conditions 
for adjustment of status under this sub-
section. 
‘‘(C) 
AUTOMATIC
EXTENSION
DURING 
PENDENCY OF APPLICATION.—In the case of an 
alien who files a nonfrivolous application for re-
newal before the date of expiration of the period 
of stay authorized by the Secretary, the alien’s 
period of temporary resident status and work 
authorization shall be deemed extended during 
the pendency of the application. 
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‘‘(6) DOCUMENTS ESTABLISHING CONTINUOUS 
PHYSICAL
PRESENCE.—To establish that an alien 
has been continuously physically present in the 
United States, as required under paragraph (1), the 
alien may submit the following forms of evidence: 
‘‘(A) Passport entries, including admission 
stamps on the alien’s passport. 
‘‘(B) Any document from the Department 
of Justice or the Department of Homeland Se-
curity noting the alien’s date of entry into the 
United States. 
‘‘(C) Records from any educational institu-
tion the alien has attended in the United 
States. 
‘‘(D) Employment records of the alien that 
include the employer’s name and contact infor-
mation, or other records demonstrating earned 
income. 
‘‘(E) Records of service from the Uni-
formed Services. 
‘‘(F) Official records from a religious enti-
ty confirming the alien’s participation in a reli-
gious ceremony. 
‘‘(G) A birth certificate for a child who 
was born in the United States. 
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‘‘(H) Hospital or medical records showing 
medical treatment or hospitalization, the name 
of the medical facility or physician, and the 
date of the treatment or hospitalization. 
‘‘(I) Automobile license receipts or reg-
istration. 
‘‘(J) Deeds, mortgages, or rental agree-
ment contracts. 
‘‘(K) Rent receipts or utility bills bearing 
the alien’s name or the name of an immediate 
family member of the alien, and the alien’s ad-
dress. 
‘‘(L) Tax receipts. 
‘‘(M) Insurance policies. 
‘‘(N) Remittance records, including copies 
of money order receipts sent in or out of the 
country. 
‘‘(O) Travel records. 
‘‘(P) Dated bank transactions. 
‘‘(Q) Two or more sworn affidavits from 
individuals who are not related to the alien who 
have direct knowledge of the alien’s continuous 
physical presence in the United States, that 
contain— 
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‘‘(i) the name, address, and telephone 
number of the affiant; and 
‘‘(ii) the nature and duration of the 
relationship between the affiant and the 
alien. 
‘‘(R) Any other evidence determined to be 
credible by the Secretary of Homeland Security 
or the Attorney General. 
‘‘(7) ELIGIBILITY OF REMOVED, DEPORTED, OR 
VOLUNTARILY
DEPARTED
ALIENS.—An alien who 
was removed, deported, or permitted to depart vol-
untarily from the United States may apply for relief 
under this subsection from abroad if the reason for 
their removal, deportation, or voluntary departure 
was that the alien— 
‘‘(A) was present in the United States 
after the expiration of the period of stay au-
thorized by the Secretary of Homeland Security 
or was present in the United States without 
being admitted or paroled; or 
‘‘(B) committed an offense, if that offense 
does not render the alien ineligible for relief 
under this subsection pursuant to the provisions 
of paragraph (3). 
‘‘(8) CONSTRUCTION.— 
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‘‘(A) IN GENERAL.—A denial of cancella-
tion of removal under any other provision of 
this section shall not prejudice a decision under 
this subsection. An alien’s eligibility for tem-
porary resident status under this subsection 
shall not preclude the alien from seeking any 
status under any other provision of law for 
which the alien may otherwise be eligible. 
‘‘(B) DETERMINATION
OF
CONTINUOUS 
PRESENCE
AND
RESIDENCE.—Subsection (d) 
shall not apply to cancellation of removal or ad-
justment of status under this subsection. 
‘‘(C) ANNUAL
LIMITATION.—Subsection 
(e) shall not apply to cancellation of removal or 
adjustment of status under this subsection.’’. 
Æ 
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