I 
114TH CONGRESS 
2D SESSION 
H. R. 5533 
To authorize the cancellation of removal and adjustment of status of certain 
aliens who are long-term United States residents and who entered the 
United States as children, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2016 
Mr. CURBELO of Florida (for himself and Mr. COFFMAN) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Homeland Security, Armed Services, 
Ways and Means, and Energy and Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To authorize the cancellation of removal and adjustment 
of status of certain aliens who are long-term United 
States residents and who entered the United States as 
children, and for other purposes. 
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 ‘‘Recognizing American 
Children Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Definitions. 
Sec. 4. Cancellation of removal of certain long-term residents who entered the 
United States as children. 
Sec. 5. Conditional nonimmigrant status. 
Sec. 6. Adjustment of status. 
Sec. 7. Treatment of aliens meeting requirements for extension of conditional 
nonimmigrant status. 
Sec. 8. Exclusive jurisdiction. 
Sec. 9. Confidentiality of information. 
Sec. 10. Treatment of conditional nonimmigrants for certain purposes. 
Sec. 11. GAO report. 
Sec. 12. Military enlistment. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) IN GENERAL.—Except as otherwise specifi-
cally provided, a term used in this Act that is used 
in the immigration laws shall have the meaning 
given such term in the immigration laws. 
(2) ALIEN
ENLISTEE.—The term ‘‘alien en-
listee’’ means a conditional nonimmigrant that seeks 
to maintain or extend such status by means of satis-
faction of the requirements of this Act relating to 
enlistment and service in the Armed Forces of the 
United States. 
(3) ALIEN
POSTSECONDARY
STUDENT.—The 
term ‘‘alien postsecondary student’’ means a condi-
tional nonimmigrant that seeks to maintain or ex-
tend such status by means of satisfaction of the re-
quirements of this Act relating to enrollment in, and 
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graduation from, an institution of higher education 
in the United States. 
(4) CONDITIONAL NONIMMIGRANT.— 
(A) DEFINITION.—The term ‘‘conditional 
nonimmigrant’’ means an alien who is granted 
conditional nonimmigrant status under this Act. 
(B) DESCRIPTION.—A conditional non-
immigrant— 
(i) shall not be considered to be an 
alien who is unlawfully present in the 
United States for purposes of the immigra-
tion laws, including section 505 of the Ille-
gal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 
1623); 
(ii) shall be considered to be an alien 
within a nonimmigrant class for purposes 
of such laws; 
(iii) has the intention permanently to 
reside in the United States; 
(iv) is not required to have a foreign 
residence which the alien has no intention 
of abandoning; and 
(v) shall be considered inspected and 
admitted for the purposes of section 
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245(a) of the Immigration and Nationality 
Act (8 U.S.C. 1255(a)). 
(5) CONVICTION.—The term ‘‘conviction’’ does 
not include an adjudication or judgement of guilt 
that has been dismissed, expunged, deferred, an-
nulled, invalidated, withheld, or vacated, an order of 
probation without entry of judgement, or any similar 
disposition. Section 101(a)(48)(B) of the Immigra-
tion and Nationality Act shall not apply for purposes 
of this Act. 
(6) 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)). 
(7) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given such term in section 102 of the High-
er Education Act of 1965 (20 U.S.C. 1002), except 
that the term does not include an institution of high-
er education outside the United States. 
(8) MILITARY-RELATED
TERMS.—The terms 
‘‘armed forces’’, ‘‘active duty’’, ‘‘active service’’, and 
‘‘active status’’ have the meanings given those terms 
in section 101 of title 10, United States Code. 
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SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG- 
TERM 
RESIDENTS 
WHO 
ENTERED 
THE 
UNITED STATES AS CHILDREN. 
(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 an alien who is inadmissible or de-
portable from the United States, and grant the alien 
conditional nonimmigrant status, if the alien dem-
onstrates by a preponderance of the evidence that— 
(A) the alien has been physically present in 
the United States for a continuous period since 
January 1, 2010; 
(B) the alien was younger than 16 years of 
age on the date the alien initially entered the 
United States; 
(C) the alien, if the alien is 18 years of age 
or older— 
(i) has earned a high school diploma, 
a commensurate alternative award from a 
public or private high school or secondary 
school, obtained a general education devel-
opment certificate recognized under State 
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law, or a high school equivalency diploma 
in the United States; 
(ii) the alien has been admitted to an 
institution of higher education in the 
United States; or 
(iii) the alien has a valid work author-
ization; 
(D) the alien has been a person of good 
moral character (as defined in section 101(f) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(f))) since the date the alien initially en-
tered the United States; 
(E) subject to paragraph (2), the alien— 
(i) is not inadmissible under para-
graph (1), (2), (3), (4), (6)(E), (8), 
(10)(A), (10)(C), or (10)(D) of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)); 
(ii) is not deportable under paragraph 
(1)(E), (1)(G), (2), (4), (5), or (6) of sec-
tion 237(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1227(a)); 
(iii) has not ordered, incited, assisted, 
or otherwise participated in the persecution 
of any person on account of race, religion, 
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nationality, membership in a particular so-
cial group, or political opinion; and 
(iv) other than an offense under State 
or local law for which an essential element 
was the alien’s immigration status, a 
minor traffic offense, or a violation of this 
Act, has not been convicted of— 
(I) any offense under Federal or 
State law punishable by a maximum 
term of imprisonment of more than 1 
year; or 
(II) three or more offenses under 
Federal or State law, for which the 
alien was convicted on different dates 
for each of the 3 offenses and sen-
tenced to imprisonment for a total of 
not more than 1 year; and 
(F) the alien has never been under a final 
administrative or judicial order of exclusion, de-
portation, or removal, unless the alien— 
(i) has remained in the United States 
under color of law after such order was 
issued; or 
(ii) received the order before attaining 
the age of 18 years. 
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(2) WAIVER.—With respect to any benefit 
under this Act, the Secretary of Homeland Security 
may waive subclauses (I) and (II) of subsection 
(a)(1)(E)(iv) of this section, the ground of inadmis-
sibility under paragraph (1), (4), or (6) of section 
212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)), and the ground of deportability 
under paragraph (1) of section 237(a) of that Act 
(8 U.S.C. 1227(a)), for humanitarian purposes or 
family unity or when it is otherwise in the public in-
terest. 
(3) PROCEDURES.—The Secretary of Homeland 
Security shall provide a procedure by regulation al-
lowing eligible individuals to apply affirmatively for 
the relief available under this subsection without 
being placed in removal proceedings. 
(4) SUBMISSION
OF
BIOMETRIC
AND
BIO-
GRAPHIC DATA.—The Secretary of Homeland Secu-
rity may not cancel the removal of an alien or grant 
conditional nonimmigrant status to the alien under 
this subsection unless the alien submits biometric 
and biographic data, in accordance with procedures 
established by the Secretary. The Secretary shall 
provide an alternative procedure for applicants who 
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are unable to provide such biometric or biographic 
data because of a physical impairment. 
(5) BACKGROUND CHECKS.— 
(A) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary of Homeland Security 
shall utilize biometric, biographic, and other 
data that the Secretary determines is appro-
priate— 
(i) to conduct security and law en-
forcement background checks of an alien 
seeking relief available under this sub-
section; and 
(ii) to determine whether there is any 
criminal, national security, or other factor 
that would render the alien ineligible for 
such relief. 
(B) 
COMPLETION
OF
BACKGROUND 
CHECKS.—The security and law enforcement 
background checks required by subparagraph 
(A) shall be completed, to the satisfaction of the 
Secretary, prior to the date the Secretary can-
cels the removal of the alien under this sub-
section. 
(6) MEDICAL EXAMINATION.—An alien applying 
for relief available under this subsection shall under-
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go a medical observation and examination. The Sec-
retary of Homeland Security, with the concurrence 
of the Secretary of Health and Human Services, 
shall prescribe policies and procedures for the nature 
and timing of such observation and examination. 
(7) MILITARY SELECTIVE SERVICE.—An alien 
applying for relief available under this subsection 
shall establish that the alien has registered under 
the Military Selective Service Act (50 U.S.C. App. 
451 et seq.), if the alien is subject to such registra-
tion under that Act. 
(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 
subsection (a) 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 be considered 
to have failed to maintain continuous physical pres-
ence in the United States under subsection (a) if the 
alien has departed from the United States for any 
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period in excess of 90 days or for any periods in the 
aggregate exceeding 180 days. 
(2) 
EXTENSIONS
FOR
EXCEPTIONAL
CIR-
CUMSTANCES.—The Secretary of Homeland Security 
may extend the time periods described in paragraph 
(1) by 90 days if the alien demonstrates that the 
failure to timely return to the United States was due 
to exceptional circumstances. The exceptional cir-
cumstances determined sufficient to justify an exten-
sion should be no less compelling than serious illness 
of the alien, or death or serious illness of a parent, 
grandparent, sibling, or child. 
(d) REGULATIONS.— 
(1) INITIAL PUBLICATION.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall publish regula-
tions implementing this section. 
(2) INTERIM
REGULATIONS.—Notwithstanding 
section 553 of title 5, United States Code, the regu-
lations required by paragraph (1) shall be effective, 
on an interim basis, immediately upon publication 
but may be subject to change and revision after pub-
lic notice and opportunity for a period of public com-
ment. 
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(3) FINAL REGULATIONS.—Within a reasonable 
time after publication of the interim regulations in 
accordance with paragraph (1), the Secretary of 
Homeland Security shall publish final regulations 
implementing this section. 
(e) REMOVAL OF ALIEN.—The Secretary of Home-
land Security may not remove any alien who— 
(1) has a pending application for conditional 
nonimmigrant status under this Act; or 
(2) establishes prima facie eligibility for can-
cellation of removal and conditional nonimmigrant 
status under subsection (a) and is provided a rea-
sonable opportunity to file an application under sub-
section (a). 
SEC. 5. CONDITIONAL NONIMMIGRANT STATUS. 
(a) LENGTH OF STATUS.—Conditional nonimmigrant 
status granted under section 4 shall be valid for an initial 
period of 5 years, subject to termination under subsection 
(c) of this section. 
(b) TERMS OF CONDITIONAL NONIMMIGRANT STA-
TUS.— 
(1) 
EMPLOYMENT.—A 
conditional 
non-
immigrant shall be authorized— 
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(A) to be employed in the United States 
incident to conditional nonimmigrant status; 
and 
(B) to enlist in the armed forces as pro-
vided in 504(b)(1)(D) of title 10, United States 
Code, as added by section 12. 
(2) TRAVEL.—A conditional nonimmigrant may 
travel outside the United States and may be admit-
ted (if otherwise admissible) upon return to the 
United States without having to obtain a visa if— 
(A) the alien is the bearer of valid, unex-
pired documentary evidence of conditional non-
immigrant status; and 
(B) the alien’s absence from the United 
States was not for a period exceeding 180 days 
or the alien was absent from the United States 
due to active service in the armed forces. 
(c) TERMINATION OF STATUS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall terminate the conditional non-
immigrant status of any alien if the Secretary deter-
mines that the alien is 18 years of age or older 
and— 
(A) in the case of— 
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(i) an alien postsecondary student, the 
alien failed to enroll in an accredited insti-
tution of higher education in the United 
States within 1 year after the date on 
which the alien was granted conditional 
nonimmigrant status or to remain so en-
rolled; 
(ii) an alien described under section 
4(a)(1)(C), the alien has not been em-
ployed for a total period of 48 months dur-
ing the 5-year period beginning on the date 
that the alien was granted conditional non-
immigrant status; or 
(iii) an alien enlistee, the alien— 
(I) failed to enlist, and be accept-
ed for enlistment, in the armed forces 
within 9 months after the date on 
which the alien was granted condi-
tional nonimmigrant status; or 
(II) has received a dishonorable 
or other than honorable discharge 
from the armed forces; 
(B) ceases to meet the requirements of 
subparagraph (D) or (E) of section 4(a)(1); or 
(C) has become a public charge. 
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(2) RETURN TO PREVIOUS IMMIGRATION STA-
TUS.—Any alien whose conditional nonimmigrant 
status is terminated under paragraph (1) shall re-
turn to the immigration status the alien had imme-
diately prior to receiving conditional nonimmigrant 
status. 
(d) EXTENSION
OF
STATUS.—The Secretary of 
Homeland Security shall extend the conditional non-
immigrant status of an alien for a second period of 5 years 
if the following requirements are met: 
(1) The alien has demonstrated good moral 
character during the entire period the alien has been 
a conditional nonimmigrant. 
(2) The alien is in compliance with section 
4(a)(1)(E). 
(3) The alien has not abandoned the alien’s res-
idence in the United States. For purposes of this 
subparagraph, the Secretary shall presume that the 
alien has abandoned such residence if the alien is 
absent from the United States for more than 365 
days, in the aggregate, during the period of condi-
tional nonimmigrant status, unless the alien dem-
onstrates that the alien has not abandoned the 
alien’s residence. 
(4) The alien is 18 years of age or older and— 
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(A) in the case of an alien postsecondary 
student, has been graduated from an accredited 
institution of higher education in the United 
States; 
(B) in the case of an alien described under 
section 4(a)(1)(C), the alien has been employed 
for a total period of 48 months during the 5- 
year period beginning on the date that the alien 
was granted conditional nonimmigrant status; 
or 
(C) in the case of an alien enlistee, has 
served as a member of a regular or reserve 
component of the armed forces in an active 
duty status for at least 3 years, and, if dis-
charged, received an honorable discharge. 
SEC. 6. ADJUSTMENT OF STATUS. 
(a) IN GENERAL.—A conditional nonimmigrant may 
file with the Secretary of Homeland Security, in accord-
ance with subsection (c), an application to have the alien’s 
status adjusted to that of an alien lawfully admitted for 
permanent residence. The application shall provide, under 
penalty of perjury, the facts and information so that the 
Secretary may make the determination described in sub-
section (b)(1). 
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(b) ADJUDICATION OF APPLICATION FOR ADJUST-
MENT OF STATUS.— 
(1) IN GENERAL.—If an application is filed in 
accordance with subsection (a) for an alien, the Sec-
retary of Homeland Security shall make a deter-
mination as to whether the alien meets the require-
ments set out in subsection (d). 
(2) ADJUSTMENT
OF
STATUS
IF
FAVORABLE 
DETERMINATION.—Notwithstanding any other provi-
sion of law, including paragraphs (2), (3), (4), and 
(8) of section 245(c) of the Immigration and Nation-
ality Act (8 U.S.C. 1255(c)), if the Secretary deter-
mines that the alien meets such requirements, the 
Secretary shall notify the alien of such determina-
tion and adjust the alien’s status to that of an alien 
lawfully admitted for permanent residence, effective 
as of the date of approval of the application. 
(3) TERMINATION
IF
ADVERSE
DETERMINA-
TION.—If the Secretary determines that the alien 
does not meet such requirements, the Secretary shall 
notify the alien of such determination and terminate 
the conditional nonimmigrant status of the alien as 
of the date of the determination. 
(c) TIME TO FILE APPLICATION.— 
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(1) IN GENERAL.—An alien shall file an appli-
cation for adjustment of status during the period— 
(A) beginning on the date on which the 
alien obtained an extension of status under sec-
tion 5(d); and 
(B) ending on either the date that is 10 
years after the date of the initial grant of con-
ditional nonimmigrant status or any other expi-
ration date of the conditional nonimmigrant 
status as extended by the Secretary of Home-
land Security in accordance with this Act. 
(2) STATUS
DURING
PENDENCY.—The alien 
shall be deemed to be in conditional nonimmigrant 
status in the United States during the period in 
which such application is pending. 
(d) CONTENTS OF APPLICATION.—Each application 
for an alien under subsection (a) shall contain information 
to permit the Secretary of Homeland Security to deter-
mine whether each of the following requirements is met: 
(1) The alien has demonstrated good moral 
character during the entire period the alien has been 
a conditional nonimmigrant. 
(2) The alien is in compliance with section 
4(a)(1)(E). 
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(3) The alien has not abandoned the alien’s res-
idence in the United States. For purposes of this 
paragraph— 
(A) the Secretary shall presume that the 
alien has abandoned such residence if the alien 
is absent from the United States for more than 
730 days, in the aggregate, during the period of 
conditional nonimmigrant status, unless the 
alien demonstrates that the alien has not aban-
doned the alien’s residence; and 
(B) an alien who is absent from the United 
States due to active service in the armed forces 
has not abandoned the alien’s residence in the 
United States during the period of such service. 
(e) CITIZENSHIP REQUIREMENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the status of a conditional nonimmigrant 
shall not be adjusted to permanent resident status 
unless the alien demonstrates that the alien satisfies 
the requirements of section 312(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1423(a)). 
(2) EXCEPTION.—Paragraph (1) shall not 
apply to an alien who is unable because of a physical 
or developmental disability or mental impairment to 
meet the requirements of such paragraph. 
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(f) PAYMENT OF FEDERAL TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which an application is filed under subsection (a) for 
adjustment of status, the alien shall satisfy any ap-
plicable Federal tax liability due and owing on such 
date. 
(2) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
For purposes of paragraph (1), the term ‘‘applicable 
Federal tax liability’’ means liability for Federal 
taxes imposed under the Internal Revenue Code of 
1986, including any penalties and interest thereon. 
(g) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary of Homeland Security may not ad-
just the status of an alien under this section unless the 
alien submits biometric and biographic data, in accordance 
with procedures established by the Secretary. The Sec-
retary shall provide an alternative procedure for applicants 
who are unable to provide such biometric or biographic 
data because of a physical impairment. 
(h) BACKGROUND CHECKS.— 
(1) 
REQUIREMENT
FOR
BACKGROUND 
CHECKS.—The Secretary of Homeland Security shall 
utilize biometric, biographic, and other data that the 
Secretary determines appropriate— 
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