IB 
Union Calendar No. 72 
116TH CONGRESS 
1ST SESSION H. R. 2821 
[Report No. 116–97] 
To authorize the cancellation of removal and adjustment of status of certain 
nationals of certain countries designated for temporary protected status 
or deferred enforced departure, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2019 
Ms. VELA´ZQUEZ (for herself and Ms. CLARKE of New York) introduced the 
following bill; which was referred to the Committee on the Judiciary 
MAY 30, 2019 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 17, 2019] 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain nationals of certain countries des-
ignated for temporary protected status or deferred en-
forced departure, and for other purposes. 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Promise Act 
of 2019’’. 
TITLE I—TREATMENT OF CER-
TAIN NATIONALS OF CERTAIN 
COUNTRIES DESIGNATED FOR 
TEMPORARY PROTECTED STA-
TUS 
OR 
DEFERRED 
EN-
FORCED DEPARTURE 
SEC. 101. ADJUSTMENT OF STATUS FOR CERTAIN NATION-
ALS OF CERTAIN COUNTRIES DESIGNATED 
FOR TEMPORARY PROTECTED STATUS OR DE-
FERRED ENFORCED DEPARTURE. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Secretary or the Attorney General shall can-
cel the removal of, and adjust to the status of an alien law-
fully admitted for permanent residence, an alien described 
in subsection (b) if the alien— 
(1) applies for such adjustment, including sub-
mitting any required documents under section 207, 
not later than 3 years after the date of the enactment 
of this Act; 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
(2) has been continuously physically present in 
the United States for a period of not less than 3 years 
before the date of the enactment of this Act; and 
(3) is not inadmissible under paragraph (1), (2), 
(3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of sec-
tion 212(a) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)). 
(b) ALIENS ELIGIBLE
FOR ADJUSTMENT
OF STA-
TUS.—An alien shall be eligible for adjustment of status 
under this section if the alien is an individual— 
(1) who— 
(A) is a national of a foreign state (or part 
thereof) (or in the case of an alien having no na-
tionality, is a person who last habitually resided 
in such state) with a designation under sub-
section (b) of section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a(b)) on January 
1, 2017, who had or was otherwise eligible for 
temporary protected status on such date notwith-
standing subsections (c)(1)(A)(iv) and (c)(3)(C) 
of such section; and 
(B) has not engaged in conduct since such 
date that would render the alien ineligible for 
temporary 
protected 
status 
under 
section 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
244(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1245a(c)(2)); or 
(2) who was eligible for Deferred Enforced De-
parture as of January 1, 2017, and has not engaged 
in conduct since that date that would render the alien 
ineligible for Deferred Enforced Departure. 
(c) APPLICATION.— 
(1) FEE.—The Secretary shall, subject to an ex-
emption under section 203(c), require an alien apply-
ing for adjustment of status under this section to pay 
a reasonable fee that is commensurate with the cost 
of processing the application, but does not exceed 
$1,140. 
(2) BACKGROUND CHECKS.—The Secretary may 
not grant an alien permanent resident status on a 
conditional basis under this section until the require-
ments of section 202 are satisfied. 
(3) WITHDRAWAL
OF
APPLICATION.—The Sec-
retary of Homeland Security shall, upon receipt of a 
request to withdraw an application for adjustment of 
status under this section, cease processing of the ap-
plication and close the case. Withdrawal of the appli-
cation under this subsection shall not prejudice any 
future application filed by the applicant for any im-
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
migration benefit under this Act or under the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq). 
TITLE II—GENERAL PROVISIONS 
SEC. 201. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, any term used in this Act that is used 
in the immigration laws shall have the meaning given 
such term in the immigration laws. 
(2) DISABILITY.—The term ‘‘disability’’ has the 
meaning given such term in section 3(1) of the Amer-
icans with Disabilities Act of 1990 (42 U.S.C. 
12102(1)). 
(3) FEDERAL POVERTY LINE.—The term ‘‘Fed-
eral poverty line’’ has the meaning given such term 
in section 213A(h) of the Immigration and Nation-
ality Act (8 U.S.C. 1183a). 
(4) IMMIGRATION LAWS.—The term ‘‘immigra-
tion laws’’ has the meaning given such term in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17)). 
(5) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
(6) UNIFORMED
SERVICES.—The term ‘‘Uni-
formed Services’’ has the meaning given the term 
‘‘uniformed services’’ in section 101(a) of title 10, 
United States Code. 
(b) TREATMENT OF EXPUNGED CONVICTIONS.—For 
purposes of adjustment of status under this Act, the terms 
‘‘convicted’’ and ‘‘conviction’’, as used in sections 212 and 
244 of the Immigration and Nationality Act (8 U.S.C. 
1182, 1254a), do not include a judgment that has been ex-
punged or set aside, that resulted in a rehabilitative dis-
position, or the equivalent. 
SEC. 202. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA; BACKGROUND CHECKS. 
(a) SUBMISSION
OF BIOMETRIC
AND BIOGRAPHIC 
DATA.—The Secretary may not grant an alien adjustment 
of status under this Act unless the alien submits biometric 
and biographic data, in accordance with procedures estab-
lished by the Secretary. The Secretary shall provide an al-
ternative procedure for aliens who are unable to provide 
such biometric or biographic data because of a physical im-
pairment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary de-
termines appropriate to conduct security and law enforce-
ment background checks and to determine whether there is 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
any criminal, national security, or other factor that would 
render the alien ineligible for adjustment of status under 
this Act. The status of an alien may not be adjusted unless 
security and law enforcement background checks are com-
pleted to the satisfaction of the Secretary. 
SEC. 203. LIMITATION ON REMOVAL; APPLICATION AND FEE 
EXEMPTION; WAIVER OF GROUNDS FOR INAD-
MISSIBILITY AND OTHER CONDITIONS ON EL-
IGIBLE INDIVIDUALS. 
(a) LIMITATION ON REMOVAL.—An alien who appears 
to be prima facie eligible for relief under this Act shall be 
given a reasonable opportunity to apply for such relief and 
may not be removed until, subject to section 206(c), a final 
decision establishing ineligibility for relief is rendered. 
(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been permitted 
to depart voluntarily from the United States may, notwith-
standing such order or permission to depart, apply for ad-
justment of status under this Act. Such alien shall not be 
required to file a separate motion to reopen, reconsider, or 
vacate the order of removal. If the Secretary approves the 
application, the Secretary shall cancel the order of removal. 
If the Secretary renders a final administrative decision to 
deny the application, the order of removal or permission 
to depart shall be effective and enforceable to the same extent 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
as if the application had not been made, only after all 
available administrative and judicial remedies have been 
exhausted. 
(c) FEE EXEMPTION.—An applicant may be exempted 
from paying an application fee required under this Act if 
the applicant— 
(1) is younger than 18 years of age; 
(2) received total income, during the 12-month 
period immediately preceding the date on which the 
applicant files an application under this Act, that is 
less than 150 percent of the Federal poverty line; 
(3) is in foster care or otherwise lacks any pa-
rental or other familial support; or 
(4) cannot care for himself or herself because of 
a serious, chronic disability. 
(d) WAIVER OF GROUNDS OF INADMISSIBILITY.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), with respect to any benefit under this Act, 
and in addition to any waivers that are otherwise 
available, the Secretary may waive the grounds of in-
admissibility under paragraph (1), subparagraphs 
(A), (C), and (D) of paragraph (2), subparagraphs 
(D) through (G) of paragraph (6), or paragraph 
(10)(D) of section 212(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)) for humanitarian 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
purposes, for family unity, or because the waiver is 
otherwise in the public interest. 
(2) EXCEPTION.—The Secretary may not waive 
a ground described in paragraph (1) if such inadmis-
sibility is based on a conviction or convictions, and 
such conviction or convictions would otherwise render 
the alien ineligible under section 244(c)(2)(B) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1254a(c)(2)(B)). 
(e) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this Act and ending on the date on which the 
Secretary makes a final decision regarding such applica-
tion, the alien shall be eligible to apply for advance parole. 
Section 101(g) of the Immigration and Nationality Act (8 
U.S.C. 1101(g)) shall not apply to an alien granted ad-
vance parole under this section. 
(f) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this Act, or who has pending an application 
under this Act, shall, upon application to the Secretary, 
be granted an employment authorization document. 
SEC. 204. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence in the United States of an 
alien who applies for adjustment of status under this Act 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
shall not terminate when the alien is served a notice to ap-
pear under section 239(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous physical presence 
in the United States under this Act if the alien has 
departed from the United States for any period ex-
ceeding 90 days or for any periods, in the aggregate, 
exceeding 180 days. 
(2) 
EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a par-
ent, grandparent, sibling, or child of the alien. 
(3) TRAVEL AUTHORIZED BY THE SECRETARY.— 
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 paragraph (1). 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
(c) WAIVER OF PHYSICAL PRESENCE.—With respect to 
aliens who were removed or departed the United States on 
or after January 20, 2017, and who were continuously 
physically present in the United States for at least 3 years 
prior to such removal or departure, the Secretary may, as 
a matter of discretion, waive the physical presence require-
ment under section 101(a)(2) for humanitarian purposes, 
for family unity, or because a waiver is otherwise in the 
public interest. The Secretary, in consultation with the Sec-
retary of State, shall establish a procedure for such aliens 
to apply for relief under section 101 from outside the United 
States if they would have been eligible for relief under such 
section, but for their removal or departure. 
SEC. 205. EXEMPTION FROM NUMERICAL LIMITATIONS. 
Nothing in this Act 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 under 
this Act. 
SEC. 206. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL 
REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary shall provide to aliens who have applied for adjust-
ment of status under this Act a process by which an appli-
cant may seek administrative appellate review of a denial 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
of an application for adjustment of status, or a revocation 
of such status. 
(b) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, an alien may seek judicial review of a 
denial of an application for adjustment of status, or a rev-
ocation of such status, under this Act in the United States 
district court with jurisdiction over the alien’s residence. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien seeking administrative or judicial 
review under this Act may not be removed from the 
United States until a final decision is rendered estab-
lishing that the alien is ineligible for adjustment of 
status under this Act. 
(2) EXCEPTION.—The Secretary may remove an 
alien described in paragraph (1) pending judicial re-
view if such removal is based on criminal or national 
security grounds. Such removal does not affect the 
alien’s right to judicial review under this Act. The 
Secretary shall promptly return a removed alien if a 
decision to deny an application for adjustment of sta-
tus under this Act, or to revoke such status, is re-
versed. 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
SEC. 207. DOCUMENTATION REQUIREMENTS. 
(a) 
DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under this 
Act may include, as evidence of identity, the following: 
(1) A passport or national identity document 
from the alien’s country of origin that includes the 
alien’s name and the alien’s photograph or finger-
print. 
(2) The alien’s birth certificate and an identity 
card that includes the alien’s name and photograph. 
(3) A school identification card that includes the 
alien’s name and photograph, and school records 
showing the alien’s name and that the alien is or was 
enrolled at the school. 
(4) A Uniformed Services identification card 
issued by the Department of Defense. 
(5) Any immigration or other document issued 
by the United States Government bearing the alien’s 
name and photograph. 
(6) A State-issued identification card bearing the 
alien’s name and photograph. 
(7) Any other evidence determined to be credible 
by the Secretary. 
(b) DOCUMENTS ESTABLISHING CONTINUOUS PHYS-
ICAL PRESENCE.—An alien’s application for permanent 
resident status under this Act may include, as evidence that 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
the alien has been continuously physically present in the 
United States, as required under section 101(a)(2), the fol-
lowing: 
(1) Passport entries, including admission stamps 
on the alien’s passport. 
(2) Any document from the Department of Jus-
tice or the Department of Homeland Security noting 
the alien’s date of entry into the United States. 
(3) Records from any educational institution the 
alien has attended in the United States. 
(4) Employment records of the alien that include 
the employer’s name and contact information. 
(5) Records of service from the Uniformed Serv-
ices. 
(6) Official records from a religious entity con-
firming the alien’s participation in a religious cere-
mony. 
(7) A birth certificate for a child who was born 
in the United States. 
(8) 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. 
(9) Automobile license receipts or registration. 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
(10) Deeds, mortgages, or rental agreement con-
tracts. 
(11) 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 address. 
(12) Tax receipts; 
(13) Insurance policies. 
(14) Remittance records, including copies of 
money order receipts sent in or out of the country. 
(15) Travel records. 
(16) Dated bank transactions. 
(17) Two or more sworn affidavits from individ-
uals who are not related to the alien who have direct 
knowledge of the alien’s continuous physical presence 
in the United States, that contain— 
(A) the name, address, and telephone num-
ber of the affiant; and 
(B) the nature and duration of the relation-
ship between the affiant and the alien. 
(18) Any other evidence determined to be credible 
by the Secretary. 
(c) DOCUMENTS ESTABLISHING EXEMPTION FROM AP-
PLICATION FEES.—An alien’s application for permanent 
resident status under this Act may include, as evidence that 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
the alien is exempt from an application fee under section 
203(c), the following: 
(1) DOCUMENTS TO ESTABLISH AGE.—To estab-
lish that an alien meets an age requirement, the alien 
may provide proof of identity, as described in sub-
section (a), that establishes that the alien is younger 
than 18 years of age. 
(2) DOCUMENTS TO ESTABLISH INCOME.—To es-
tablish the alien’s income, the alien may provide— 
(A) employment records or other records of 
earned income, including records that have been 
maintained by the Social Security Administra-
tion, the Internal Revenue Service, or any other 
Federal, State, or local government agency; 
(B) bank records; or 
(C) at least 2 sworn affidavits from individ-
uals who are not related to the alien and who 
have direct knowledge of the alien’s work and in-
come that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the alien. 
(3) DOCUMENTS TO ESTABLISH FOSTER CARE, 
LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
DISABILITY.—To establish that the alien is in foster 
care, lacks parental or familial support, or has a seri-
ous, chronic disability, the alien may provide at least 
2 sworn affidavits from individuals who are not re-
lated to the alien and who have direct knowledge of 
the circumstances that contain— 
(A) a statement that the alien is in foster 
care, otherwise lacks any parental or other fa-
miliar support, or has a serious, chronic dis-
ability, as appropriate; 
(B) the name, address, and telephone num-
ber of the affiant; and 
(C) the nature and duration of the relation-
ship between the affiant and the alien. 
(d) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCU-
MENTS.—If the Secretary determines, after publication in 
the Federal Register and an opportunity for public com-
ment, that any document or class of documents does not 
reliably establish identity or that permanent resident status 
under this Act is being obtained fraudulently to an unac-
ceptable degree, the Secretary may prohibit or restrict the 
use of such document or class of documents. 
SEC. 208. RULE MAKING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall publish 
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS
in the Federal Register interim final rules implementing 
this Act, which shall allow eligible individuals to imme-
diately apply for relief under section 101. Notwithstanding 
section 553 of title 5, United States Code, the regulation 
shall be effective, on an interim basis, immediately upon 
publication, but may be subject to change and revision after 
public notice and opportunity for a period of public com-
ment. The Secretary shall finalize such rules not later than 
180 days after the date of publication. 
(b) PAPERWORK REDUCTION ACT.—The requirements 
under chapter 35 of title 44, United States Code, (commonly 
known as the ‘‘Paperwork Reduction Act’’) shall not apply 
to any action to implement this Act. 
SEC. 209. CONFIDENTIALITY OF INFORMATION. 
(a) IN GENERAL.—The Secretary may not disclose or 
use information provided in applications filed under this 
Act (including information provided during administrative 
or judicial review) for the purpose of immigration enforce-
ment. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for adjust-
ment of status under this Act (including information pro-
vided during administrative or judicial review), may not 
refer an applicant to U.S. Immigration and Customs En-
VerDate Sep 11 2014 
00:12 May 31, 2019
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2821.RH
H2821
kjohnson on DSK79L0C42 with BILLS