language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(E) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(F) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service; 
the Secretary may adjust the status of the alien to that 
of an alien lawfully admitted for permanent residence. 
‘‘(2) An alien shall not be considered to have failed 
to maintain a continuous presence in the United States 
for purposes of subsection (a)(1) by virtue of brief, casual, 
and innocent absences from the United States. 
‘‘(3)(A) The alien shall establish that the alien is ad-
missible to the United States as immigrant, except as oth-
erwise provided in paragraph (2). 
‘‘(B) The provisions of paragraphs (5), (6)(A), 
(6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and 
(9)(C)(i)(I) of section 212(a) shall not apply in the deter-
mination of an alien’s admissibility under this section. 
‘‘(4) When an alien is granted lawful permanent resi-
dent status under this subsection, the number of immi-
grant visas authorized to be issued under any provision
of this Act shall not be reduced. The numerical limitations 
of sections 201 and 202 shall not apply to adjustment of 
status under this section. 
‘‘(5) The Secretary of Homeland Security may termi-
nate removal proceedings without prejudice pending the 
outcome of an alien’s application for adjustment of status 
under this section on the basis of a prima facie showing 
of eligibility for relief under this section.’’. 
(b) LIMITATION ON CONSIDERATION IN THE SENATE 
OF LEGISLATION ADJUSTING STATUS.—Section 244 of 
the Immigration and Nationality Act (8 U.S.C. 1254a) is 
amended by striking subsection (h) and redesignating sub-
section (i) as subsection (h). 
SEC. 802. FOREIGN STATE DESIGNATIONS. 
Section 244(b)(1)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1254a(b)(1)(C)) is amended to change 
the following phrase ‘‘the Attorney General finds that 
there exist extraordinary and temporary conditions in the 
foreign state that prevent aliens who are nationals of the 
state from returning to the state in safety,’’ so that it 
reads as follows: ‘‘the Secretary of Homeland Security 
finds that extraordinary and temporary conditions in the 
foreign state make returning aliens to the state undesir-
able for humanitarian reasons,’’.
SEC. 803. TECHNICAL CORRECTION. 
Section 244 of the Immigration and Nationality Act 
(8 U.S.C. 1254a) is amended by striking ‘‘Attorney Gen-
eral’’ each place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
TITLE IX—MISCELLANEOUS 
PROVISIONS 
SEC. 901. PHYSICAL PRESENCE REQUIREMENT. 
Section 316(a) of the Immigration and Nationality 
Act (8 U.S.C. 1427) is amended by adding at the end the 
following: 
‘‘When warranted by extraordinary circumstances, the 
Secretary of Homeland Security may reduce, by not more 
than 90 days, the physical presence requirement described 
in the preceding sentence.’’. 
SEC. 902. ABSENCES FROM THE UNITED STATES. 
Section 316(b) of the Immigration and Nationality 
Act (8 U.S.C. 1427(b)) is amended—
(1) in the first sentence, by striking ‘‘one year’’ 
and inserting ‘‘18 months’’; and 
(2) in the second sentence, by striking ‘‘contin-
uous period of one year’’ and inserting ‘‘continuous 
period of 18 months’’.
SEC. 903. ELIMINATING THE WIDOWED IMMIGRANT’S 2-
YEAR MARRIAGE PENALTY. 
Section 201(b)(2)(A)(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1251(b)(2)(A)(i)) is amended—
(1) by striking ‘‘for at least 2 years’’; and 
(2) by inserting ‘‘, proves by a preponderance 
of the evidence that the marriage was entered into 
in good faith and not for the purpose of obtaining 
an immigration benefit,’’ after ‘‘within 2 years after 
such date’’. 
SEC. 904. ELIMINATE THE WIDOWED PERMANENT RESI-
DENT’S NATURALIZATION PENALTY. 
Section 319(a) of the Immigration and Nationality 
Act (8 U.S.C. 1429(a)) is amended by inserting ‘‘or, if 
the spouse is deceased, the spouse was a citizen of the 
United States,’’ after ‘‘(a) Any person whose spouse is a 
citizen of the United States,’’. 
SEC. 905. ELIMINATION OF BAN ON STATE AND LOCAL GOV-
ERNMENTS FROM PREVENTING COMMUNICA-
TIONS WITH THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is repealed. 
(b) VERIFICATION OF ELIGIBILITY FOR FEDERAL 
PUBLIC BENEFITS.—Section 432 of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1642) is repealed. 
SEC. 906. ELIMINATION OF AUTHORITY TO PERMIT STATE 
PERSONNEL TO CARRY OUT IMMIGRATION 
OFFICER FUNCTIONS. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is repealed.
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