‘‘(IV) there are reasonable grounds
for regarding the alien as a danger to the
security of the United States; or
‘‘(V) a country willing to accept the
alien has been identified (other than the
country described in subparagraph (A)) to
which the alien can be deported or re-
turned and the alien does not establish
that it is more likely than not that the
alien’s life or freedom would be threatened
in such country on account of race, reli-
gion, nationality, membership in a particu-
lar social group, or political opinion.
‘‘(ii)(I) For purposes of clause (i)(II), an
alien who has been convicted of an aggravated
felony shall be considered to have committed a
particularly serious crime.
‘‘(II) The Attorney General shall promul-
gate regulations that specify additional crimes
that will be considered to be a crime described
in clause (i)(II) or (i)(III).
‘‘(III) The Attorney General shall promul-
gate regulations establishing such additional
limitations and conditions as the Attorney Gen-
eral considers appropriate under which an alien
shall be ineligible to apply for provisional asy-
lum under subparagraph (B).
‘‘(3) PROVISIONAL
ASYLUM
STATUS.—In the
case of any alien granted provisional asylum under
paragraph (2)(A), the Attorney General, in accord-
ance with this section—
‘‘(A) shall not deport or return the alien to
the country described under paragraph (2)(A);
‘‘(B) shall authorize the alien to engage in
employment in the United States and provide
the alien with an ‘employment authorized’ en-
dorsement or other appropriate work permit;
and
‘‘(C) may allow the alien to travel abroad
with the prior consent of the Attorney General.
‘‘(4) TERMINATION.—Provisional asylum grant-
ed under paragraph (2) may be terminated if the At-
torney General, pursuant to such regulations as the
Attorney General may prescribe, determines that—
‘‘(A) the alien no longer meets the condi-
tions described in paragraph (2) owing to a
change in circumstances in the alien’s country
of nationality or, in the case of an alien having
no nationality, in the country in which the alien
last habitually resided;
‘‘(B) the alien meets a condition described
in paragraph (2)(C); or
‘‘(C) a country willing to accept the alien
has been identified (other than the country de-
scribed in paragraph (2)) to which the alien can
be deported or returned and the alien cannot
establish that it is more likely than not that the
alien’s life or freedom would be threatened in
such country on account of race, religion, na-
tionality, membership in a particular social
group, or political opinion.
‘‘(5) ACCEPTANCE BY ANOTHER COUNTRY.—In
the case of an alien described in paragraph
(2)(C)(i)(V) or paragraph (4)(C), the alien’s depor-
tation or return shall be directed by the Attorney
General in the sole discretion of the Attorney Gen-
eral, to any country which is willing to accept the
alien into its territory (other than the country de-
scribed in paragraph (2)(A)).
‘‘(b) PROVISIONAL ASYLUM APPLICATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) DEADLINE.—Subject to subpara-
graph (B), an alien’s application for provisional
asylum shall not be considered under this sec-
tion unless—
‘‘(i) the alien has filed, not later than
30 days after entering or coming to the
United States, notice of intention to file
such an application, and
‘‘(ii) such application is actually filed
not later than 60 days after entering or
coming to the United States.
‘‘(B) EXCEPTION.—An application for pro-
visional asylum may be considered, not with-
standing that the requirements of subparagraph
(A) have not been met, only if the alien dem-
onstrates by clear and convincing evidence
changed circumstances in the alien’s country of
nationality (or in the case of an alien with no
nationality, in the country where the alien last
habitually resided) affecting eligibility for provi-
sional asylum.
‘‘(2) REQUIREMENTS.—An application for pro-
visional asylum shall not be considered unless the
alien submits to the taking of fingerprints and a
photograph in a manner determined by the Attorney
General.
‘‘(3) PREVIOUS DENIAL OF ASYLUM.—An appli-
cation for provisional asylum shall not be considered
if the alien has been denied asylum by a country in
which the alien had access to a full and fair proce-
dure for determining his or her asylum claim in ac-
cordance with a bilateral or multilateral agreement
between that country and the United States.
‘‘(4) FEES.—In the discretion of the Attorney
General, the Attorney General may impose reason-
able fees for the consideration of an application for
provisional asylum, for employment authorization
under this section, and for adjustment of status
under section 209(b). The Attorney General is au-
thorized to provide for the assessment and payment
of any such fee over a period of time or by install-
ments.
‘‘(5) EMPLOYMENT.—An applicant for provi-
sional asylum is not entitled to engage in employ-
ment in the United States. The Attorney General
may authorize an alien who has filed an application
for provisional asylum to engage in employment in
the United States, in the discretion of the Attorney
General.
‘‘(6) NOTICE OF CONSEQUENCES OF FRIVOLOUS
APPLICATIONS.—At the time of filing a notice of in-
tention to apply for provisional asylum, the alien
shall be advised of the consequences, under sub-
section (e), of filing a frivolous application for provi-
sional asylum.
‘‘(c) SANCTIONS FOR FAILURE TO APPEAR.—
‘‘(1) Subject to paragraph (2), the application
for provisional asylum of an alien who does not ap-
pear for a hearing on such application shall be sum-
marily dismissed unless the alien can show excep-
tional 
circumstances 
(as 
defined 
in 
section
242B(f)(2)) as determined by an asylum officer or
immigration judge.
‘‘(2) Paragraph (1) shall not apply if written
and oral notice were not provided to the alien of the
time and place at which the asylum hearing was to
be held, and in the case of any change or postpone-
ment in such time or place, written and oral notice
were provided to the alien of the new time or place
of the hearing.
‘‘(d) ASYLUM.—
‘‘(1) ADJUSTMENT
OF
STATUS.—Under such
regulations as the Attorney General may prescribe,
the Attorney General shall adjust to the status of an
alien granted asylum the status of any alien granted
provisional asylum under subsection (a)(2)(A) or
(a)(2)(B) who—
‘‘(A) applies for such adjustment;
‘‘(B) has been physically present in the
United States for at least 1 year after being
granted provisional asylum;
‘‘(C) continues to be eligible for provisional
asylum under this section; and
‘‘(D) is admissible under this Act at the
time of examination for adjustment of status
under this subsection.
‘‘(2) TREATMENT
OF
SPOUSE
AND
CHIL-
DREN.—A spouse or child (as defined in section
101(b)(A), (B), (C), (D), or (E)) of an alien whose
status is adjusted to that of an alien granted asylum
under paragraph (a)(2) may be granted the same
status as the alien if accompanying, or following to
join, such alien.
‘‘(3) APPLICATION FEES.—The Attorney Gen-
eral may impose a reasonable fee for the filing of an
application for asylum under this subsection.
‘‘(e) DENIAL OF IMMIGRATION BENEFITS FOR FRIV-
OLOUS APPLICATIONS.—
‘‘(1) IN GENERAL.—If the Attorney General de-
termines that an alien has made a frivolous applica-
tion for provisional asylum under this section and
the alien has received the notice under subsection
(b)(5), the alien shall be permanently ineligible for