that would render the alien ineligible for 
such status. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks of an alien required under 
subparagraph (A) shall be completed, to the 
satisfaction of the Secretary, before the date on 
which the Secretary grants such alien perma-
nent resident status on a conditional basis 
under this section. 
(8) MEDICAL EXAMINATION.— 
(A) REQUIREMENT.—An alien applying for 
permanent resident status on a conditional 
basis under this section shall undergo a medical 
examination. 
(B) POLICIES
AND
PROCEDURES.—The 
Secretary, with the concurrence of the Sec-
retary of Health and Human Services, shall 
prescribe policies and procedures for the nature 
and timing of the examination required under 
subparagraph (A). 
(9) MILITARY SELECTIVE SERVICE.—An alien 
applying for permanent resident status on a condi-
tional basis under this section shall establish that 
the alien has registered under the Military Selective 
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Service Act (50 U.S.C. 3801 et seq.), if the alien is 
subject to registration under such Act. 
(c) DETERMINATION OF CONTINUOUS PRESENCE.— 
(1) TERMINATION OF CONTINUOUS PERIOD.— 
Any period of continuous physical presence in the 
United States of an alien who applies for permanent 
resident status on a conditional basis under this sec-
tion shall not terminate when the alien is served a 
notice to appear under section 239(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1229(a)). 
(2) TREATMENT OF CERTAIN BREAKS IN PRES-
ENCE.— 
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), an alien shall be 
considered to have failed to maintain contin-
uous physical presence in the United States 
under subsection (b)(1)(A) if the alien has de-
parted from the United States for any period 
exceeding 90 days or for any periods, in the ag-
gregate, exceeding 180 days. 
(B) EXTENSIONS FOR EXTENUATING CIR-
CUMSTANCES.—The Secretary may extend the 
time periods described in subparagraph (A) for 
an alien who demonstrates that the failure to 
timely return to the United States was due to 
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extenuating circumstances beyond the alien’s 
control, including the serious illness of the 
alien, or death or serious illness of a parent, 
grandparent, sibling, or child of the alien. 
(C) TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the 
United States by an alien that was authorized 
by the Secretary may not be counted toward 
any period of departure from the United States 
under subparagraph (A). 
(d) 
LIMITATION
ON
REMOVAL
OF
CERTAIN 
ALIENS.— 
(1) IN GENERAL.—The Secretary or the Attor-
ney General may not remove an alien who appears 
prima facie eligible for relief under this section. 
(2) ALIENS SUBJECT TO REMOVAL.—The Sec-
retary shall provide a reasonable opportunity to 
apply for relief under this section to any alien who 
requests such an opportunity or who appears prima 
facie eligible for relief under this section if the alien 
is in removal proceedings, is the subject of a final 
removal order, or is the subject of a voluntary depar-
ture order. 
(3) CERTAIN ALIENS ENROLLED IN ELEMEN-
TARY OR SECONDARY SCHOOL.— 
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(A) STAY
OF
REMOVAL.—The Attorney 
General shall stay the removal proceedings of 
an alien who— 
(i) meets all the requirements under 
subparagraphs (A), (B), and (C) of sub-
section (b)(1), subject to paragraphs (2) 
and (3) of such subsection; 
(ii) is at least 5 years of age; and 
(iii) is enrolled in an elementary 
school, a secondary school, or an early 
childhood education program. 
(B) COMMENCEMENT
OF
REMOVAL
PRO-
CEEDINGS.—The Secretary may not commence 
removal proceedings for an alien described in 
subparagraph (A). 
(C) EMPLOYMENT.—An alien whose re-
moval is stayed pursuant to subparagraph (A) 
or who may not be placed in removal pro-
ceedings pursuant to subparagraph (B) shall, 
upon application to the Secretary, be granted 
an employment authorization document. 
(D) LIFT OF STAY.—The Secretary or At-
torney General may not lift the stay granted to 
an alien under subparagraph (A) unless the 
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alien ceases to meet the requirements under 
such subparagraph. 
(e) 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 granted permanent resident status, on 
a conditional basis or otherwise, under this title. 
SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A 
CONDITIONAL BASIS. 
(a) PERIOD OF STATUS.—Permanent resident status 
on a conditional basis is— 
(1) valid for a period of 8 years, unless such pe-
riod is extended by the Secretary; and 
(2) subject to termination under subsection (c). 
(b) NOTICE OF REQUIREMENTS.—At the time an 
alien obtains permanent resident status on a conditional 
basis, the Secretary shall provide notice to the alien re-
garding the provisions of this title and the requirements 
to have the conditional basis of such status removed. 
(c) TERMINATION OF STATUS.—The Secretary may 
terminate the permanent resident status on a conditional 
basis of an alien only if the Secretary— 
(1) determines that the alien ceases to meet the 
requirements under paragraph (1)(C) of section 
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102(b), subject to paragraphs (2) and (3) of that 
section; and 
(2) prior to the termination, provides the 
alien— 
(A) notice of the proposed termination; 
and 
(B) the opportunity for a hearing to pro-
vide evidence that the alien meets such require-
ments or otherwise contest the termination. 
(d) RETURN TO PREVIOUS IMMIGRATION STATUS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien whose permanent resident status 
on a conditional basis expires under subsection 
(a)(1) or is terminated under subsection (c) or 
whose application for such status is denied shall re-
turn to the immigration status that the alien had 
immediately before receiving permanent resident sta-
tus on a conditional basis or applying for such sta-
tus, as appropriate. 
(2) SPECIAL
RULE
FOR
TEMPORARY
PRO-
TECTED STATUS.—An alien whose permanent resi-
dent status on a conditional basis expires under sub-
section (a)(1) or is terminated under subsection (c) 
or whose application for such status is denied and 
who had temporary protected status under section 
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(B) has not abandoned the alien’s resi-
dence in the United States; and 
(C)(i) has acquired a degree from an insti-
tution of higher education or has completed at 
least 2 years, in good standing, in a postsec-
ondary vocational program or in a program for 
a bachelor’s degree or higher degree in the 
United States; 
(ii) has served in the Uniformed Services 
for at least the period for which the alien was 
obligated to serve on active duty and, if dis-
charged, received an honorable discharge; or 
(iii) has been employed for periods totaling 
at least 3 years and at least 80 percent of the 
time that the alien has had a valid employment 
authorization, except that any period during 
which the alien is not employed while having a 
valid employment authorization and is enrolled 
in an institution of higher education, a sec-
ondary school, or an education program de-
scribed in section 3(b)(1)(D)(iii), shall not 
count toward the time requirements under this 
clause. 
(2) HARDSHIP
EXCEPTION.—The Secretary 
shall remove the conditional basis of an alien’s per-
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manent resident status and grant the alien status as 
an alien lawfully admitted for permanent residence 
if the alien— 
(A) satisfies the requirements under sub-
paragraphs (A) and (B) of paragraph (1); 
(B) demonstrates compelling circumstances 
for the inability to satisfy the requirements 
under subparagraph (C) of such paragraph; and 
(C) demonstrates that— 
(i) the alien has a disability; 
(ii) the alien is a full-time caregiver of 
a minor child; or 
(iii) the removal of the alien from the 
United States would result in extreme 
hardship to the alien or the alien’s spouse, 
parent, or child who is a national of the 
United States or is lawfully admitted for 
permanent residence. 
(3) CITIZENSHIP REQUIREMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the conditional basis of an 
alien’s permanent resident status granted under 
this title may not be removed unless the alien 
demonstrates that the alien satisfies the re-
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quirements under section 312(a) of the Immi-
gration and Nationality Act (8 U.S.C. 1423(a)). 
(B) EXCEPTION.—Subparagraph (A) shall 
not apply to an alien who is unable to meet the 
requirements under such section 312(a) due to 
disability. 
(4) APPLICATION FEE.— 
(A) IN GENERAL.—The Secretary shall re-
quire aliens applying for lawful permanent resi-
dent status under this section to pay a reason-
able fee that is commensurate with the cost of 
processing the application. 
(B) EXEMPTION.—An applicant may be 
exempted from paying the fee required under 
subparagraph (A) if the alien— 
(i)(I) is younger than 18 years of age; 
(II) received total income, during the 
12-month period immediately preceding the 
date on which the alien files an application 
under this section, that is less than 150 
percent of the poverty line; and 
(III) is in foster care or otherwise 
lacking any parental or other familial sup-
port; 
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(ii) is younger than 18 years of age 
and is homeless; 
(iii)(I) cannot care for himself or her-
self because of a serious, chronic disability; 
and 
(II) received total income, during the 
12-month period immediately preceding the 
date on which the alien files an application 
under this section, that is less than 150 
percent of the poverty line; or 
(iv)(I) during the 12-month period im-
mediately preceding the date on which the 
alien files an application under this sec-
tion, the alien accumulated $10,000 or 
more in debt as a result of unreimbursed 
medical expenses incurred by the alien or 
an immediate family member of the alien; 
and 
(II) received total income, during the 
12-month period immediately preceding the 
date on which the alien files an application 
under this section, that is less than 150 
percent of the poverty line. 
(5) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary may not remove the 
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conditional basis of an alien’s permanent resident 
status unless the alien submits biometric and bio-
graphic data, in accordance with procedures estab-
lished by the Secretary. The Secretary shall provide 
an alternative procedure for applicants who are un-
able to provide such biometric data because of a 
physical impairment. 
(6) BACKGROUND CHECKS.— 
(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary shall utilize biometric, 
biographic, and other data that the Secretary 
determines appropriate— 
(i) to conduct security and law en-
forcement background checks of an alien 
applying for removal of the conditional 
basis of the alien’s permanent resident sta-
tus; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
removal of such conditional basis. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks of an alien required under 
subparagraph (A) shall be completed, to the 
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satisfaction of the Secretary, before the date on 
which the Secretary removes the conditional 
basis of the alien’s permanent resident status. 
(b) TREATMENT FOR PURPOSES OF NATURALIZA-
TION.— 
(1) IN GENERAL.—For purposes of title III of 
the Immigration and Nationality Act (8 U.S.C. 1401 
et seq.), an alien granted permanent resident status 
on a conditional basis shall be considered to have 
been admitted to the United States, and be present 
in the United States, as an alien lawfully admitted 
for permanent residence. 
(2) LIMITATION ON APPLICATION FOR NATU-
RALIZATION.—An alien may not apply for natu-
ralization while the alien is in permanent resident 
status on a conditional basis. 
(c) TIMING OF APPROVAL OF LAWFUL PERMANENT 
RESIDENCE STATUS.— 
(1) IN GENERAL.—An alien granted lawful per-
manent residence on a conditional basis under this 
title may apply to have such conditional basis re-
moved at any time after such alien has met the eligi-
bility requirements set forth in subsection (a). 
(2) APPROVAL WITH REGARD TO INITIAL APPLI-
CATIONS.—The Secretary shall provide lawful per-
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