I 
111TH CONGRESS 
1ST SESSION H. R. 1751 
To amend the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 to permit States to determine State residency for higher 
education purposes and to authorize the cancellation of removal and 
adjustment of status of certain alien students who are long-term United 
States residents and who entered the United States as children, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2009 
Mr. BERMAN (for himself, Ms. ROYBAL-ALLARD, Mr. LINCOLN DIAZ-BALART 
of Florida, Ms. ZOE LOFGREN of California, Mr. NUNES, Mr. POLIS of 
Colorado, Mr. CAO, Ms. ROS-LEHTINEN, Mr. CONYERS, and Mr. MARIO 
DIAZ-BALART of Florida) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Education and Labor, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 to permit States to determine 
State residency for higher education purposes and to 
authorize the cancellation of removal and adjustment 
of status of certain alien students who are long-term 
United States residents and who entered the United 
States as children, and for other purposes. 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 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 Dream Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given that term in section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001). 
(2) UNIFORMED
SERVICES.—The term ‘‘uni-
formed services’’ has the meaning given that term in 
section 101(a) of title 10, United States Code. 
SEC. 3. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is repealed. 
(b) EFFECTIVE DATE.—The repeal under subsection 
(a) shall take effect as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996. 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
SEC. 4. CANCELLATION OF REMOVAL AND ADJUSTMENT OF 
STATUS OF CERTAIN LONG-TERM RESIDENTS 
WHO ENTERED THE UNITED STATES AS CHIL-
DREN. 
(a) SPECIAL RULE FOR CERTAIN LONG-TERM RESI-
DENTS WHO ENTERED THE UNITED STATES AS CHIL-
DREN.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law and except as otherwise provided in 
this Act, the Secretary of Homeland Security may 
cancel removal of, and adjust to the status of an 
alien lawfully admitted for permanent residence, 
subject to the conditional basis described in section 
5, an alien who is inadmissible or deportable from 
the United States, if the alien demonstrates that— 
(A) the alien has been physically present in 
the United States for a continuous period of 
not less than 5 years immediately preceding the 
date of enactment of this Act, and had not yet 
reached the age of 16 years at the time of ini-
tial entry; 
(B) the alien has been a person of good 
moral character since the time of application; 
(C) the alien— 
(i) is not inadmissible under para-
graph (2), (3), or (6)(E) of section 212(a) 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
of the Immigration and Nationality Act (8 
U.S.C. 1182(a)); and 
(ii) is not deportable under paragraph 
(1)(E), (2), or (4) of section 237(a) of the 
Immigration and Nationality Act (8 U.S.C. 
1227(a)); and 
(D) the alien, at the time of application, 
has been admitted to an institution of higher 
education in the United States, or has earned 
a high school diploma or obtained a general 
education development certificate in the United 
States. 
(2) WAIVER.—Notwithstanding paragraph (1), 
the Secretary of Homeland Security may waive the 
grounds of ineligibility under section 212(a)(2) of 
the Immigration and Nationality Act, and the 
grounds of deportability under paragraphs (1)(E) 
and (2) of section 237(a) of such Act, if the Sec-
retary determines that the alien’s removal would re-
sult in extreme hardship to the alien, the alien’s 
child, or (in the case of an alien who is a child) to 
the alien’s parent. 
(3) PROCEDURES.—The Secretary of Homeland 
Security shall provide a procedure by regulation al-
lowing eligible individuals to apply affirmatively for 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
the relief available under this subsection without 
being placed in removal proceedings. 
(b) TERMINATION OF CONTINUOUS PERIOD.—For 
purposes of this section, any period of continuous resi-
dence or continuous physical presence in the United States 
of an alien who applies for cancellation of removal under 
this section shall not terminate when the alien is served 
a notice to appear under section 239(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229(a)). 
(c) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—An alien shall not be consid-
ered to have failed to maintain continuous physical 
presence in the United States for purposes of sub-
section (a)(1)(A) by virtue of brief, casual, and inno-
cent absences from the United States. 
(2) WAIVER.—The Secretary of Homeland Se-
curity may waive breaks in presence beyond brief, 
casual, or innocent absences for humanitarian pur-
poses, family unity, or when it is otherwise in the 
public interest. 
(d) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
Nothing in this section may be construed to apply a nu-
merical limitation on the number of aliens who may be 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
eligible for cancellation of removal or adjustment of status 
under this section. 
(e) REGULATIONS.— 
(1) PROPOSED REGULATIONS.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall publish 
proposed regulations implementing this section. 
Such regulations shall be effective immediately on an 
interim basis, but are subject to change and revision 
after public notice and opportunity for a period for 
public comment. 
(2) INTERIM, FINAL REGULATIONS.—Not later 
than 90 days after publication of the interim regula-
tions in accordance with paragraph (1), the Sec-
retary of Homeland Security shall publish final regu-
lations implementing this section. 
(f) REMOVAL OF ALIEN.—The Secretary of Home-
land Security may not remove any alien who has a pending 
application for conditional status under this Act. 
SEC. 5. CONDITIONAL PERMANENT RESIDENT STATUS. 
(a) IN GENERAL.— 
(1) CONDITIONAL
BASIS
FOR
STATUS.—Not-
withstanding any other provision of law, and except 
as provided in section 6, an alien whose status has 
been adjusted under section 4 to that of an alien 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
(1) IN GENERAL.—The Secretary of Homeland 
Security shall terminate the conditional permanent 
resident status of any alien who obtained such sta-
tus under this Act, if the Secretary determines that 
the alien— 
(A) ceases to meet the requirements of 
subparagraph (B) or (C) of section 4(a)(1); 
(B) has become a public charge; or 
(C) has received a dishonorable or other 
than honorable discharge from the uniformed 
services. 
(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional permanent resi-
dent status is terminated under paragraph (1) shall 
return to the immigration status the alien had im-
mediately prior to receiving conditional permanent 
resident status under this Act. 
(c) REQUIREMENTS OF TIMELY PETITION FOR RE-
MOVAL OF CONDITION.— 
(1) IN GENERAL.—In order for the conditional 
basis of permanent resident status obtained by an 
alien under subsection (a) to be removed, the alien 
must file with the Secretary of Homeland Security, 
in accordance with paragraph (3), a petition which 
requests the removal of such conditional basis and 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
which provides, under penalty of perjury, the facts 
and information so that the Secretary may make the 
determination described in paragraph (2)(A). 
(2) ADJUDICATION OF PETITION TO REMOVE 
CONDITION.— 
(A) IN GENERAL.—If a petition is filed in 
accordance with paragraph (1) for an alien, the 
Secretary of Homeland Security shall make a 
determination as to whether the alien meets the 
requirements set out in subparagraphs (A) 
through (E) of subsection (d)(1). 
(B) REMOVAL OF CONDITIONAL BASIS IF 
FAVORABLE DETERMINATION.—If the Secretary 
determines that the alien meets such require-
ments, the Secretary shall notify the alien of 
such determination and immediately remove the 
conditional basis of the status of the alien. 
(C) TERMINATION
IF
ADVERSE
DETER-
MINATION.—If the Secretary determines that 
the alien does not meet such requirements, the 
Secretary shall notify the alien of such deter-
mination and terminate the conditional perma-
nent resident status of the alien as of the date 
of the determination. 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
(3) TIME TO FILE PETITION.—An alien may pe-
tition to remove the conditional basis to lawful resi-
dent status during the period beginning 180 days 
before and ending 2 years after either the date that 
is 6 years after the date of the granting of condi-
tional permanent resident status or any other expi-
ration date of the conditional permanent resident 
status as extended by the Secretary of Homeland 
Security in accordance with this Act. The alien shall 
be deemed in conditional permanent resident status 
in the United States during the period in which the 
petition is pending. 
(d) DETAILS OF PETITION.— 
(1) CONTENTS
OF
PETITION.—Each petition 
for an alien under subsection (c)(1) shall contain in-
formation to permit the Secretary of Homeland Se-
curity to determine whether each of the following re-
quirements is met: 
(A) The alien has demonstrated good 
moral character during the entire period the 
alien has been a conditional permanent resi-
dent. 
(B) The alien is in compliance with section 
4(a)(1)(C). 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
(C) The alien has not abandoned the 
alien’s residence in the United States. The Sec-
retary shall presume that the alien has aban-
doned such residence if the alien is absent from 
the United States for more than 365 days, in 
the aggregate, during the period of conditional 
residence, unless the alien demonstrates that 
alien has not abandoned the alien’s residence. 
An alien who is absent from the United States 
due to active service in the uniformed services 
shall not be considered to have abandoned the 
alien’s residence in the United States during 
the period of such service. 
(D) The alien has completed at least 1 of 
the following: 
(i) The alien has acquired a degree 
from an institution of higher education in 
the United States or has completed at 
least 2 years, in good standing, in a pro-
gram for a bachelor’s degree or higher de-
gree in the United States. 
(ii) The alien has served in the uni-
formed services for at least 2 years and, if 
discharged, has received an honorable dis-
charge. 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
(E) The alien has provided a list of all of 
the secondary educational institutions that the 
alien attended in the United States. 
(2) HARDSHIP EXCEPTION.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security may, in the Secretary’s dis-
cretion, remove the conditional status of an 
alien if the alien— 
(i) satisfies the requirements of sub-
paragraphs (A), (B), and (C) of paragraph 
(1); 
(ii) 
demonstrates 
compelling 
cir-
cumstances for the inability to complete 
the requirements described in paragraph 
(1)(D); and 
(iii) demonstrates that the alien’s re-
moval from the United States would result 
in exceptional and extremely unusual hard-
ship to the alien or the alien’s spouse, par-
ent, or child who is a citizen or a lawful 
permanent resident of the United States. 
(B) EXTENSION.—Upon a showing of good 
cause, the Secretary of Homeland Security may 
extend the period of the conditional resident 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS
status for the purpose of completing the re-
quirements described in paragraph (1)(D). 
(e) TREATMENT OF PERIOD FOR PURPOSES OF NAT-
URALIZATION.—Except as otherwise provided under this 
Act, an alien who is in the United States as a lawful per-
manent resident on a conditional basis under this section 
shall be considered to have been admitted as an alien law-
fully admitted for permanent residence and to be in the 
United States as an alien lawfully admitted to the United 
States for permanent residence. However, the conditional 
basis must be removed before the alien may apply for nat-
uralization. 
SEC. 6. APPLICABILITY. 
If, on the date of the enactment of this Act, an alien 
has satisfied all the requirements of subparagraphs (A) 
through (D) of section 4(a)(1) and section 5(d)(1)(D), the 
Secretary of Homeland Security may adjust the status of 
the alien to that of a conditional resident in accordance 
with section 4. The alien may petition for removal of such 
condition at the end of the conditional residence period 
in accordance with section 5(c) if the alien has met the 
requirements of subparagraphs (A), (B), and (C) of sec-
tion 5(d)(1) during the entire period of conditional resi-
dence. 
VerDate Nov 24 2008 
07:25 Mar 27, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1751.IH
H1751
rfrederick on PROD1PC67 with BILLS