(d) RULE OF CONSTRUCTION.—Section 244(h) of the 
Immigration and Nationality Act (8 U.S.C. 1254a(h)) 
may not be construed to limit the authority of the Sec-
retary to adjust the status of an alien under section 245B 
of the Immigration and Nationality Act, as added by this 
Act. 
(e) ELIGIBILITY FOR SERVICES.—Section 504(a)(11) 
of the Omnibus Consolidated Rescissions and Appropria-
tions Act of 1996 (Public Law 104–134; 110 Stat. 1321– 
54) shall not be construed to prevent a recipient of funds 
under title X of the Economic Opportunity Act of 1964 
(42 U.S.C. 2996 et seq.) from providing legal assistance 
directly related to an application for status under section 
245B of the Immigration and Nationality Act, as added 
by this Act, or to an alien granted such status. 
(f) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents for the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 245A the following: 
‘‘Sec. 245B. Adjustment of status for essential workers.’’. 
SEC. 3. RESTORING FAIRNESS TO ADJUDICATIONS. 
(a) WAIVER OF GROUNDS OF INADMISSIBILITY.— 
Section 212 of the Immigration and Nationality Act (8 
U.S.C. 1182) is amended by inserting after subsection (b) 
the following: 
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‘‘(c) HUMANITARIAN, FAMILY UNITY, AND PUBLIC 
INTEREST WAIVER.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, except section 245B(c)(1)(B), the 
Secretary of Homeland Security or the Attorney 
General may waive the operation of any 1 or more 
grounds of inadmissibility under this section (exclud-
ing inadmissibility under subsection (a)(3)) for any 
purpose, including eligibility for relief from re-
moval— 
‘‘(A) for humanitarian purposes; 
‘‘(B) to ensure family unity; or 
‘‘(C) if a waiver is otherwise in the public 
interest. 
‘‘(2) CONSIDERATIONS.—In making a deter-
mination under paragraph (1), the Secretary of 
Homeland Security or the Attorney General shall 
consider all mitigating and aggravating factors, in-
cluding— 
‘‘(A) the severity of the underlying cir-
cumstances, conduct, or violation; 
‘‘(B) the duration of the alien’s residence 
in the United States; 
‘‘(C) evidence of rehabilitation, if applica-
ble; and 
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‘‘(D) the extent to which the alien’s re-
moval, or the denial of the alien’s application, 
would adversely affect the alien or the alien’s 
United States citizen or lawful permanent resi-
dent family members.’’. 
(b) WAIVER OF GROUNDS OF DEPORTABILITY.—Sec-
tion 237(a) of the Immigration and Nationality Act (8 
U.S.C. 1227(a)) is amended by adding at the end the fol-
lowing: 
‘‘(8) HUMANITARIAN, FAMILY UNITY, AND PUB-
LIC INTEREST WAIVER.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other 
provision 
of 
law, 
except 
section 
245B(c)(1)(B), the Secretary of Homeland Se-
curity or the Attorney General may waive the 
operation of any 1 or more grounds of deport-
ability under this subsection (excluding deport-
ability under paragraph (2)(A)(iii) based on a 
conviction described in section 101(a)(43)(A) 
and deportability under paragraph (4)) for any 
purpose, including eligibility for relief from re-
moval— 
‘‘(i) for humanitarian purposes; 
‘‘(ii) to ensure family unity; or 
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‘‘(iii) if a waiver is otherwise in the 
public interest. 
‘‘(B) CONSIDERATIONS.—In making a de-
termination under subparagraph (A), the Sec-
retary of Homeland Security or the Attorney 
General shall consider all mitigating and aggra-
vating factors, including— 
‘‘(i) the severity of the underlying cir-
cumstances, conduct, or violation; 
‘‘(ii) the duration of the alien’s resi-
dence in the United States; 
‘‘(iii) evidence of rehabilitation, if ap-
plicable; and 
‘‘(iv) the extent to which the alien’s 
removal, or the denial of the alien’s appli-
cation, would adversely affect the alien or 
the alien’s United States citizen or lawful 
permanent resident family members.’’. 
(c) REPEAL OF 3-YEAR, 10-YEAR, AND PERMANENT 
BARS.—Section 212(a)(9) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(9)) is amended to read as fol-
lows: 
‘‘(9) ALIENS PREVIOUSLY REMOVED.— 
‘‘(A) ARRIVING ALIEN.—Any alien who has 
been ordered removed under section 235(b)(1) 
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or at the end of proceedings under section 240 
initiated upon the alien’s arrival in the United 
States and who again seeks admission within 5 
years of the date of such removal (or within 20 
years in the case of a second or subsequent re-
moval or at any time in the case of an alien 
convicted of an aggravated felony) is inadmis-
sible. 
‘‘(B) OTHER ALIENS.—Any alien not de-
scribed in subparagraph (A) who seeks admis-
sion within 10 years of the date of such alien’s 
departure or removal (or within 20 years of 
such date in the case of a second or subsequent 
removal or at any time in the case of an alien 
convicted of an aggravated felony) is inadmis-
sible if the alien— 
‘‘(i) has been ordered removed under 
section 240 or any other provision of law; 
or 
‘‘(ii) departed the United States while 
an order of removal was outstanding. 
‘‘(C) 
EXCEPTION.—Subparagraphs 
(A) 
and (B) shall not apply to an alien seeking ad-
mission within a period if, prior to the date of 
the alien’s reembarkation at a place outside the 
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United States or attempt to be admitted from 
foreign contiguous territory, the Secretary of 
Homeland Security has consented to the alien’s 
reapplying for admission.’’. 
SEC. 4. EXPUNGEMENT AND SENTENCING. 
(a) DEFINITION OF CONVICTION.— 
(1) IN GENERAL.—Section 101(a)(48) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(48)) is amended to read as follows: 
‘‘(48)(A) The term ‘conviction’ means, with respect 
to an alien, a formal judgment of guilt of the alien entered 
by a court. 
‘‘(B) The following may not be considered a convic-
tion for purposes of this Act: 
‘‘(i) An adjudication or judgment of guilt that 
has been dismissed, expunged, deferred, annulled, in-
validated, withheld, vacated, or pardoned by the 
President of the United States or the Governor of 
any State. 
‘‘(ii) Any adjudication in which the court has 
issued— 
‘‘(I) a judicial recommendation against re-
moval; 
‘‘(II) an order of probation without entry 
of judgment; or 
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‘‘(III) any similar disposition. 
‘‘(iii) A judgment that is on appeal or is within 
the time to file direct appeal. 
‘‘(C)(i) Unless otherwise provided, with respect to an 
offense, any reference to a term of imprisonment or a sen-
tence is considered to include only the period of incarcer-
ation ordered by a court. 
‘‘(ii) Any such reference shall be considered to ex-
clude any portion of a sentence of which the imposition 
or execution was suspended.’’. 
(2) 
RETROACTIVE
APPLICABILITY.—The 
amendment made by this subsection shall apply with 
respect to any conviction, adjudication, or judgment 
entered before, on, or after the date of the enact-
ment of this Act. 
(b) JUDICIAL
RECOMMENDATION
AGAINST
RE-
MOVAL.—The grounds of inadmissibility and deportability 
under sections 212(a)(2) and 237(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(a)(2) and 
1227(a)(2)) shall not apply to an alien with a criminal 
conviction if, not later than 180 days after the date on 
which the alien is sentenced, and after having provided 
notice and an opportunity to respond to representatives 
of the State concerned, the Secretary, and prosecuting au-
thorities, the sentencing court issues a recommendation to 
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the Secretary that the alien not be removed on the basis 
of the conviction. 
SEC. 5. PETTY OFFENSES. 
Section 212(a)(2)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)(A)) is amended— 
(1) in clause (i), in the matter preceding sub-
clause (I), by striking ‘‘, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of’’; and 
(2) in clause (ii)— 
(A) in the matter preceding subclause (I), 
by striking ‘‘to an alien who committed only 
one crime’’; 
(B) in subclause (I), by inserting ‘‘the 
alien committed only one crime,’’ before ‘‘the 
crime was committed when’’; and 
(C) by amending subclause (II) to read as 
follows: 
‘‘(II)(aa) the alien was not con-
victed of more than 2 crimes; and 
‘‘(bb) for each such crime— 
‘‘(AA) the maximum penalty 
possible did not exceed imprison-
ment for 1 year; and 
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‘‘(BB) the alien was not 
sentenced to a term of imprison-
ment in excess of 180 days.’’. 
Æ 
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