a conviction for an aggravated felony. This discretion may 
be exercised for humanitarian purposes, to assure family 
unity, or when it is otherwise in the public interest.’’. 
SEC. 810. DISCRETIONARY WAIVER TO ADMIT PERSONS IN 
UNUSUAL CIRCUMSTANCES. 
(a) NEW GENERAL WAIVER.—Section 212(d) (8 
U.S.C. 1182(d)) is amended by adding at the end the fol-
lowing: 
‘‘(15) The Secretary of Homeland Security 
may, in the discretion of such Secretary for humani-
tarian purposes, to assure family unity, or when it 
is otherwise in the public interest, waive the applica-
tion of subparagraph (B) or (G) of subsection 
(a)(6), clause (i) or (ii) of subsection (a)(9)(A), or 
subsection (a)(9)(B)(i), in unusual circumstances. 
For purposes of the preceding sentence, an instance 
of battering or extreme cruelty is deemed to con-
stitute unusual circumstances in the case where it is 
inflicted on an alien (or a child of an alien) by the 
alien’s United States citizen or lawful permanent 
resident spouse, parent, child, son, or daughter.’’. 
(b) WAIVER FOR ALIENS PREVIOUSLY REMOVED.— 
(1) CERTAIN ALIENS PREVIOUSLY REMOVED.— 
Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is 
amended by adding at the end the following: 
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‘‘(iv) 
WAIVER
AUTHORIZED.—For 
provision authorizing waiver of clause (i) 
or (ii), see subsection (d)(13).’’. 
(2) ALIENS
UNLAWFULLY
PRESENT.—Section 
212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is 
amended to read as follows: 
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
SEC. 811. RESTORATION OF SUSPENSION OF DEPORTA-
TION. 
(a) 
CANCELLATION
OF
REMOVAL.—Section 
240A(a)(3) (8 U.S.C. 1229b(a)(3)) is amended to read as 
follows: 
‘‘(3) has not been convicted of an aggravated 
felony for which the sentence imposed is five years 
or more.’’. 
(b) REPEAL OF RULE FOR TERMINATION OF CON-
TINUOUS PERIOD.— 
(1) Section 240A(d)(1) (8 U.S.C. 1229b(d)(1)) 
(8 U.S.C. 1229b(a)) is repealed. 
(2) Section 240A(d) (8 U.S.C. 1229b) is 
amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (1) and (2), respectively; and 
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(B) by inserting before the period at the 
end of paragraph (1) (as redesignated) the fol-
lowing: ‘‘, unless the alien’s departure from the 
United States was due to a temporary trip 
abroad required by emergency or extenuating 
circumstances outside the control of the alien’’. 
(c) CANCELLATION OF REMOVAL AND ADJUSTMENT 
FOR
CERTAIN
NONPERMANENT
RESIDENTS.—Section 
240A(b)(1) (8 U.S.C. 1229b(b)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may cancel removal in the case of an alien 
who is inadmissible or deportable from the United 
States if the alien— 
‘‘(A) has been physically present in the 
United States for a continuous period of— 
‘‘(i) 7 years immediately preceding the 
date of application in the case of an 
alien— 
‘‘(I) who is deportable on any 
ground other than a ground specified 
in clause (ii)(I); and 
‘‘(II) whose deportation would, in 
the opinion of the Secretary of Home-
land Security, result in extreme hard-
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ship to the alien or the alien’s spouse, 
child, parent, son, or daughter, who is 
a citizen of the United States or an 
alien lawfully admitted for permanent 
residence; or 
‘‘(ii) 10 years immediately preceding 
the date of application in the case of an 
alien— 
‘‘(I) who is deportable for convic-
tion of an offense under section 
212(a)(2), 237(a)(2), or 237(a)(3); 
and 
‘‘(II) whose deportation would, in 
the opinion of the Secretary of Home-
land Security, result in exceptional 
and extremely unusual hardship to the 
alien or the alien’s spouse, parent, 
child, son, or daughter, who is a cit-
izen of the United States or an alien 
lawfully admitted for permanent resi-
dence; and 
‘‘(B) has been a person of good moral 
character during such period.’’. 
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(d) ELIMINATION OF ANNUAL LIMITATION.—Section 
240A (8 U.S.C. 1229b) is amended by striking subsection 
(e). 
TITLE IX—REMOVAL GROUNDS 
BASED ON CRIMINAL OFFENSES 
SEC. 901. DEFINITION OF MORAL TURPITUDE. 
(a) EQUITABLE DEFINITION
OF ‘‘MORAL TURPI-
TUDE’’.— 
(1) CONVICTION OF CERTAIN CRIMES.—Section 
212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is 
amended by striking ‘‘of, or who admits having com-
mitted, or who admits committing acts which con-
stitute the essential elements of—’’ and inserting 
‘‘of—’’. 
(2) EXCEPTION.—Section 212(a)(2)(A)(ii)(II) 
(8 U.S.C. 1182(a)(2)(A)(ii)(II)) is amended— 
(A) by striking ‘‘the maximum’’ and all 
that follows through ‘‘such crime,’’; and 
(B) by striking ‘‘6 months’’ and inserting 
‘‘1 year’’. 
(b) EQUITABLE DEFINITION OF ‘‘CRIMES OF MORAL 
TURPITUDE’’.—Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
1227(a)(2)(A)(i)(II)) is amended to read as follows: 
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‘‘(II) for which the alien has been 
incarcerated for a period exceeding 
one year,’’. 
SEC. 902. ‘‘AGGRAVATED FELONY’’ DEFINITIONS. 
(a) IN GENERAL.—Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended by striking ‘‘The term ‘aggra-
vated felony’ means—’’ and inserting ‘‘The term ‘aggra-
vated felony’ means a felony that is—’’. 
(b) ILLICIT TRAFFICKING.—Section 101(a)(43)(B) 
(8 U.S.C. 1101(a)(43)(B)) is amended by striking 
‘‘Code);’’ and inserting ‘‘Code), except it does not include 
simple possession of a controlled substance;’’. 
(c) CRIMES OF VIOLENCE AND THEFT OFFENSES.— 
Subparagraphs (F), (G), (R), and (S) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)(F), (G), (R), and (S)) 
are each amended by striking ‘‘imprisonment’’ and all that 
follows through the semicolon and inserting ‘‘imprison-
ment of more than five years;’’. 
(d) CORRUPT ORGANIZATIONS AND GAMBLING OF-
FENSES.—Section 
101(a)(43)(J) 
(8 
U.S.C. 
1101(a)(43)(J)) is amended by inserting ‘‘more than five 
years’’ after the words ‘‘sentence of’’. 
(e) ALIEN SMUGGLING.—Section 101(a)(43)(N) (8 
U.S.C. 101(a)(43)(N)) is amended— 
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(1) by inserting ‘‘committed for the purpose of 
commercial advantage,’’ after ‘‘smuggling),’’; and 
(2) by adding at the end a semicolon. 
SEC. 903. DEFINITIONS OF ‘‘CONVICTION’’ AND ‘‘TERM OF 
IMPRISONMENT’’. 
Section 101(a)(48) (8 U.S.C. 1101(a)(48)) is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘court’’ 
and all that follows through the period at the end 
and inserting ‘‘court. An adjudication or judgment 
of guilt that has been expunged, deferred, annulled, 
invalidated, withheld, or vacated, an order of proba-
tion without entry of judgment, or any similar dis-
position shall not be considered a conviction for pur-
poses of this Act.’’; and 
(2) in subparagraph (B)— 
(A) by inserting ‘‘only’’ after ‘‘deemed to 
include’’; and 
(B) by striking ‘‘court of law’’ and all that 
follows through the period at the end and in-
serting ‘‘court of law. Any such reference shall 
not be deemed to include any suspension of the 
imposition or execution of that imprisonment or 
sentence in whole or in part. 
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‘‘(i) For purposes of this Act, and notwith-
standing subsection (a)(43), the Secretary of Home-
land Security may treat any conviction that did not 
result in incarceration for more than 1 year as if 
such conviction were not a conviction for an aggra-
vated felony.’’. 
SEC. 904. ELIMINATING RETROACTIVE CHANGES IN RE-
MOVAL GROUNDS. 
(a) APPLICATION OF AGGRAVATED FELONY DEFINI-
TION.—The last sentence of section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended to read as follows: ‘‘The term 
shall not apply to any offense that was not covered by 
the term on the date on which the offense occurred.’’. 
(b) GROUNDS OF DEPORTABILITY.—Section 237 (8 
U.S.C. 1227) is amended by adding at the end the fol-
lowing: 
‘‘(e) Notwithstanding any other provision of this sec-
tion, an alien is not deportable by reason of committing 
any offense that was not a ground of deportability on the 
date the offense occurred.’’. 
(c) GROUNDS OF INADMISSIBILITY.—Section 212 (8 
U.S.C. 1182) is amended by adding at the end the fol-
lowing: 
‘‘(u) Notwithstanding any other provision of this sec-
tion, an alien is not inadmissible by reason of committing 
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any offense that was not a ground of inadmissibility on 
the date the offense occurred.’’. 
SEC. 905. ELIMINATING UNFAIR RETROACTIVE CHANGES IN 
REMOVAL RULES FOR PERSONS PREVIOUSLY 
REMOVED. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a process by which an alien described 
in subsection (b) may apply for reopening a proceeding 
so as to seek relief from exclusion, deportation, or removal 
under section 212(c) of the Immigration and Nationality 
Act (8 U.S.C. 1182(c)), as such section was in effect prior 
to the enactment of the Antiterrorism and Effective Death 
Penalty Act of 1996 (Public Law 104–132), or section 
240A of the Immigration and Nationality Act (8 U.S.C. 
1229b), as amended by this Act. 
(b) ALIEN DESCRIBED.—An alien referred to in sub-
section (a) is an alien who received a final order of exclu-
sion, deportation, or removal, or a decision on a petition 
for review or petition for habeas corpus, on or after Sep-
tember 30, 1996, and who was— 
(1) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that was not a basis for removal, 
exclusion, or deportation on the date on which the 
offense was committed; 
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(2) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense that is not a basis for removal, ex-
clusion, or deportation on the date of enactment of 
this Act; or 
(3) excluded, deported, or removed from the 
United States by reason of having committed a 
criminal offense prior to April 24, 1996, for which 
there was relief from exclusion, deportation, or re-
moval available prior to such date. 
(c) PAROLE.—The Secretary of Homeland Security 
may, in the Secretary’s discretion, exercise the parole au-
thority under section 212(d)(5)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose 
of permitting aliens excluded, deported, or removed from 
the United States to participate in the process established 
under subsection (a), if the alien establishes prima facie 
eligibility for the relief. 
TITLE X—DIVERSITY VISAS 
SEC. 1001. INCREASE IN WORLDWIDE LEVEL OF DIVERSITY 
IMMIGRANTS. 
Section 201(e) (8 U.S.C. 1151(e)) is amended by 
striking ‘‘55,000’’ and inserting ‘‘110,000’’. 
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TITLE XI—HAITIAN PARITY 
SEC. 1101. ADJUSTMENT OF STATUS FOR HAITIANS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.), as amended by section 202, is further 
amended by inserting after section 245C the following: 
‘‘ADJUSTMENT OF STATUS OF CERTAIN HAITIAN 
NATIONALS 
‘‘SEC. 245D. Notwithstanding the provisions of sec-
tion 245(c), the status of any alien who is a national or 
citizen of Haiti, and who has been physically present in 
the United States for at least one year, may be adjusted 
by the Secretary of Homeland Security, in the Secretary’s 
discretion and under such regulations as the Secretary 
may prescribe, to that of an alien lawfully admitted for 
permanent residence, if the alien makes an application for 
such adjustment and the alien is eligible to receive an im-
migrant visa and is admissible to the United States for 
permanent residence. Upon approval of such an applica-
tion for adjustment of status, the Secretary shall create 
a record of the alien’s admission for permanent residence 
as of a date 30 months prior to the filing of such an appli-
cation or the date of the alien’s last arrival into the United 
States, whichever date is later. The provisions of this Act 
shall be applicable to the spouse and child of any alien 
described in this section, regardless of their citizenship 
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