HR 6 RFS
(ii) three or more misdemeanor of-
fenses (excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, and any offense involv-
ing civil disobedience without violence) not 
occurring on the same date, and not aris-
ing out of the same act, omission, or 
scheme of misconduct; or 
(iii) a misdemeanor offense of domes-
tic violence, unless the alien demonstrates 
that such crime is related to the alien hav-
ing been— 
(I) a victim of domestic violence, 
sexual assault, stalking, child abuse or 
neglect, abuse or neglect in later life, 
or human trafficking; 
(II) battered or subjected to ex-
treme cruelty; or 
(III) a victim of criminal activity 
described in section 101(a)(15)(U)(iii) 
of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(U)(iii)). 
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(2) WAIVERS FOR CERTAIN MISDEMEANORS.— 
For humanitarian purposes, family unity, or if oth-
erwise in the public interest, the Secretary may— 
(A) waive the grounds of inadmissibility 
under subparagraphs (A), (C), and (D) of sec-
tion 212(a)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(2)), unless the con-
viction forming the basis for inadmissibility 
would otherwise render the alien ineligible 
under paragraph (1)(B) (subject to subpara-
graph (B)); and 
(B) for purposes of clauses (ii) and (iii) of 
paragraph (1)(B), waive consideration of— 
(i) one misdemeanor offense if the 
alien has not been convicted of any offense 
in the 5-year period preceding the date on 
which the alien applies for adjustment of 
status under this title; or 
(ii) up to two misdemeanor offenses if 
the alien has not been convicted of any of-
fense in the 10-year period preceding the 
date on which the alien applies for adjust-
ment of status under this title. 
(3) AUTHORITY TO CONDUCT SECONDARY RE-
VIEW.— 
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(A) IN
GENERAL.—Notwithstanding an 
alien’s eligibility for adjustment of status under 
this title, and subject to the procedures de-
scribed in this paragraph, the Secretary may, 
as a matter of non-delegable discretion, provi-
sionally deny an application for adjustment of 
status (whether on a conditional basis or with-
out the conditional basis as provided in section 
104(c)(2)) if the Secretary, based on clear and 
convincing evidence, which shall include credible 
law enforcement information, determines that 
the alien is described in subparagraph (B) or 
(D). 
(B) PUBLIC
SAFETY.—An alien is de-
scribed in this subparagraph if— 
(i) excluding simple possession of can-
nabis or cannabis-related paraphernalia, 
any offense involving cannabis or cannabis- 
related paraphernalia which is no longer 
prosecutable in the State in which the con-
viction was entered, any offense under 
State law for which an essential element is 
the alien’s immigration status, any offense 
involving civil disobedience without vio-
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lence, and any minor traffic offense, the 
alien— 
(I) has been convicted of a mis-
demeanor offense punishable by a 
term of imprisonment of more than 
30 days; or 
(II) has been adjudicated delin-
quent in a State or local juvenile court 
proceeding that resulted in a disposi-
tion ordering placement in a secure 
facility; and 
(ii) the alien poses a significant and 
continuing threat to public safety related 
to such conviction or adjudication. 
(C) PUBLIC
SAFETY
DETERMINATION.— 
For purposes of subparagraph (B)(ii), the Sec-
retary shall consider the recency of the convic-
tion or adjudication; the length of any imposed 
sentence or placement; the nature and serious-
ness of the conviction or adjudication, including 
whether the elements of the offense include the 
unlawful possession or use of a deadly weapon 
to commit an offense or other conduct intended 
to cause serious bodily injury; and any miti-
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gating factors pertaining to the alien’s role in 
the commission of the offense. 
(D) GANG
PARTICIPATION.—An alien is 
described in this subparagraph if the alien has, 
within the 5 years immediately preceding the 
date of the application, knowingly, willfully, and 
voluntarily participated in offenses committed 
by a criminal street gang (as described in sub-
sections (a) and (c) of section 521 of title 18, 
United States Code) with the intent to promote 
or further the commission of such offenses. 
(E) EVIDENTIARY LIMITATION.—For pur-
poses of subparagraph (D), allegations of gang 
membership obtained from a State or Federal 
in-house or local database, or a network of 
databases used for the purpose of recording and 
sharing activities of alleged gang members 
across law enforcement agencies, shall not es-
tablish the participation described in such para-
graph. 
(F) NOTICE.— 
(i) IN GENERAL.—Prior to rendering 
a discretionary decision under this para-
graph, the Secretary shall provide written 
notice of the intent to provisionally deny 
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