(1) 
EMPLOYMENT.—A 
conditional 
non-
immigrant shall be authorized to be employed in the 
United States incident to conditional nonimmigrant 
status. 
(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. 
(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— 
(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 Armed 
Forces. 
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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.— 
(1) ELIGIBILITY.—The Secretary of Homeland 
Security shall extend the conditional nonimmigrant 
status of an alien for a second period of 5 years if 
the following requirements are met: 
(A) The alien has demonstrated good 
moral character during the entire period the 
alien has been a conditional nonimmigrant. 
(B) The alien is in compliance with section 
4(a)(1)(C). 
(C) The alien has not abandoned the 
alien’s residence in the United States. For pur-
poses of this subparagraph— 
(i) 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 conditional non-
immigrant status, unless the alien dem-
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onstrates that the alien has not abandoned 
the alien’s residence; and 
(ii) 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 dur-
ing the period of such service. 
(D) The alien— 
(i) has acquired a degree from an in-
stitution of higher education in the United 
States or has completed at least 2 years, in 
good standing, in a program for a bach-
elor’s degree or higher degree in the 
United States; or 
(ii) has served in the Armed Forces 
for at least 2 years and, if discharged, has 
received an honorable discharge. 
(E) The alien has provided a list of each 
secondary school (as that term is defined in sec-
tion 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801)) that 
the alien attended in the United States. 
(2) SURCHARGE.—The Secretary of Homeland 
Security shall charge and collect a surcharge of 
$2,000 per application on all applications for an ex-
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tension under this subsection. Such surcharge shall 
be in addition to the otherwise applicable application 
fee imposed for the purpose of recovering the full 
costs of providing adjudication and processing serv-
ices. Notwithstanding any other provision of law, in-
cluding section 286 of the Immigration and Nation-
ality Act (8 U.S.C. 1356), any surcharge collected 
under this paragraph shall be deposited as offsetting 
receipts in the General Fund of the Treasury and 
shall not be available for obligation or expenditure. 
(3) HARDSHIP EXCEPTION.—The Secretary of 
Homeland Security may, in the Secretary’s discre-
tion, extend the conditional nonimmigrant status of 
an alien if the alien— 
(A) satisfies the requirements of subpara-
graphs (A), (B), and (C) of paragraph (1); 
(B) demonstrates compelling circumstances 
for the inability to complete the requirements 
described in paragraph (1)(D); and 
(C) demonstrates that the alien’s removal 
from the United States would result in excep-
tional and extremely unusual hardship to the 
alien or the alien’s spouse, parent, or child who 
is a citizen or a lawful permanent resident of 
the United States. 
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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 para-
graph (b)(1). 
(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 paragraphs (1) through (4) of sub-
section (d). 
(2) ADJUSTMENT
OF
STATUS
IF
FAVORABLE 
DETERMINATION.—If the Secretary determines that 
the alien meets such requirements, the Secretary 
shall notify the alien of such determination and ad-
just the alien’s status to that of an alien lawfully ad-
mitted 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 
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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.—An alien shall file 
an application for adjustment of status during the period 
beginning 1 year before and ending on either the date that 
is 10 years after the date of the initial grant of conditional 
nonimmigrant status or any other expiration date of the 
conditional nonimmigrant status as extended by the Sec-
retary of Homeland Security in accordance with this Act. 
The alien shall be deemed to be in conditional non-
immigrant 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)(C). 
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(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. 
(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 
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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— 
(A) to conduct security and law enforce-
ment background checks of an alien applying 
for adjustment of status under this section; and 
(B) to determine whether there is any 
criminal, national security, or other factor that 
would render the alien ineligible for such ad-
justment of status. 
(2) COMPLETION OF BACKGROUND CHECKS.— 
The security and law enforcement background 
checks required by paragraph (1) shall be completed, 
to the satisfaction of the Secretary, prior to the date 
the Secretary grants adjustment of status. 
(i) EXEMPTION FROM NUMERICAL LIMITATIONS.— 
Nothing in this section or in any other law may be con-
strued to apply a numerical limitation on the number of 
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aliens who may be eligible for adjustment of status under 
this section. 
(j) ELIGIBILITY
FOR NATURALIZATION.—An alien 
whose status is adjusted under this section to that of an 
alien lawfully admitted for permanent residence may be 
naturalized upon compliance with all the requirements of 
the immigration laws except the provisions of paragraph 
(1) of section 316(a) of the Immigration and Nationality 
Act (8 U.S.C. 1427(a)), if such person immediately pre-
ceding the date of filing the application for naturalization 
has resided continuously, after being lawfully admitted for 
permanent residence, within the United States for at least 
3 years, and has been physically present in the United 
States for periods totaling at least half of that time and 
has resided within the State or the district of U.S. Citizen-
ship and Immigration Services in the United States in 
which the applicant filed the application for at least 3 
months. An alien described in this subsection may file the 
application for naturalization as provided in the second 
sentence of subsection (a) of section 334 of the Immigra-
tion and Nationality Act (8 U.S.C. 1445). 
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SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS 
FOR 
EXTENSION 
OF 
CONDITIONAL 
NON-
IMMIGRANT STATUS. 
If, on the date of the enactment of this Act, an alien 
has satisfied all the requirements of section 4(a)(1) and 
section 5(d)(1)(D), the Secretary of Homeland Security 
may cancel removal and grant conditional nonimmigrant 
status in accordance with section 4, and may extend condi-
tional nonimmigrant status in accordance with section 
5(d). The alien may apply for adjustment of status in ac-
cordance with section 6(a) if the alien has met the require-
ments of subparagraphs (A), (B), and (C) of section 
5(d)(1) during the entire period of conditional non-
immigrant status. 
SEC. 8. EXCLUSIVE JURISDICTION. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall have exclusive jurisdiction to determine eligibility 
for relief under this Act, except where the alien has been 
placed into deportation, exclusion, or removal proceedings 
either prior to or after filing an application for cancella-
tion of removal and conditional nonimmigrant status or 
adjustment of status under this Act, in which case the At-
torney General shall have exclusive jurisdiction and shall 
assume all the powers and duties of the Secretary until 
proceedings are terminated, or if a final order of deporta-
tion, exclusion, or removal is entered the Secretary shall 
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resume all powers and duties delegated to the Secretary 
under this Act. If the Secretary grants relief under this 
Act, the final order of deportation, exclusion, or removal 
shall be terminated. 
(b) STAY OF REMOVAL OF CERTAIN ALIENS EN-
ROLLED IN PRIMARY OR SECONDARY SCHOOL.— 
(1) IN GENERAL.—The Attorney General shall 
stay the removal proceedings of any alien who— 
(A) meets all the requirements of subpara-
graphs (A), (B), (C), and (E) of section 
4(a)(1); 
(B) is at least 12 years of age; and 
(C) is enrolled full-time in a primary or 
secondary school. 
(2) ALIENS NOT IN REMOVAL PROCEEDINGS.— 
For aliens who are not in removal proceedings, the 
Secretary of Homeland Security shall not commence 
such proceedings with respect to the alien if the 
alien meets the requirements of subparagraphs (A) 
through (C) of paragraph (1). 
(c) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to subsection (b)(1) may be engaged in employ-
ment in the United States consistent with the Fair Labor 
Standards Act (29 U.S.C. 201 et seq.) and State and local 
laws governing minimum age for employment. 
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(d) LIFT OF STAY.—The Attorney General shall lift 
the stay granted pursuant to subsection (b)(1) if the 
alien— 
(1) is no longer enrolled in a primary or sec-
ondary school; or 
(2) ceases to meet the requirements of such 
subsection. 
SEC. 9. PENALTIES FOR FALSE STATEMENTS. 
Whoever files an application for any benefit under 
this Act and willfully and knowingly falsifies, misrepre-
sents, or conceals a material fact or makes any false or 
fraudulent statement or representation, or makes or uses 
any false writing or document knowing the same to con-
tain any false or fraudulent statement or entry, shall be 
fined in accordance with title 18, United States Code, im-
prisoned not more than 5 years, or both. 
SEC. 10. CONFIDENTIALITY OF INFORMATION. 
(a) PROHIBITION.—Except as provided in subsection 
(b), no officer or employee of the United States may— 
(1) use the information furnished by an indi-
vidual pursuant to an application filed under this 
Act to initiate removal proceedings against any per-
son identified in the application; 
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(2) make any publication whereby the informa-
tion furnished by any particular individual pursuant 
to an application under this Act can be identified; or 
(3) permit anyone other than an officer or em-
ployee of the United States Government or, in the 
case of an application filed under this Act with a 
designated entity, that designated entity, to examine 
such application filed under this Act. 
(b) REQUIRED DISCLOSURE.—The Attorney General 
or the Secretary of Homeland Security shall provide the 
information furnished under this Act, and any other infor-
mation derived from such furnished information, to— 
(1) a Federal, State, tribal, or local law enforce-
ment agency, intelligence agency, national security 
agency, component of the Department of Homeland 
Security, court, or grand jury in connection with a 
criminal investigation or prosecution, a background 
check conducted pursuant to the Brady Handgun 
Violence Protection Act (Public Law 103–159; 107 
Stat. 1536) or an amendment made by that Act, or 
for homeland security or national security purposes, 
if such information is requested by such entity or 
consistent with an information sharing agreement or 
mechanism; or 
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(2) an official coroner for purposes of affirma-
tively identifying a deceased individual (whether or 
not such individual is deceased as a result of a 
crime). 
(c) FRAUD IN APPLICATION PROCESS OR CRIMINAL 
CONDUCT.—Notwithstanding any other provision of this 
section, information concerning whether an alien seeking 
relief under this Act has engaged in fraud in an applica-
tion for such relief or at any time committed a crime may 
be used or released for immigration enforcement, law en-
forcement, or national security purposes. 
(d) PENALTY.—Whoever knowingly uses, publishes, 
or permits information to be examined in violation of this 
section shall be fined not more than $10,000. 
SEC. 11. HIGHER EDUCATION ASSISTANCE. 
Notwithstanding any provision of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.), with respect 
to assistance provided under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.), an alien who 
is granted conditional nonimmigrant status or lawful per-
manent resident status under this Act shall be eligible only 
for the following assistance under such title: 
(1) Student loans under parts D and E of such 
title IV (20 U.S.C. 1087a et seq., 1087aa et seq.), 
subject to the requirements of such parts. 
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(2) Federal work-study programs under part C 
of such title IV (42 U.S.C. 2751 et seq.), subject to 
the requirements of such part. 
(3) Services under such title IV (20 U.S.C. 
1070 et seq.), subject to the requirements for such 
services. 
SEC. 12. TREATMENT OF CONDITIONAL NONIMMIGRANTS 
FOR CERTAIN PURPOSES. 
(a) IN GENERAL.—An individual granted conditional 
nonimmigrant status under this Act shall, while such indi-
vidual remains in such status, be considered lawfully 
present for all purposes except— 
(1) section 36B of the Internal Revenue Code 
of 1986 (concerning premium tax credits), as added 
by section 1401 of the Patient Protection and Af-
fordable Care Act (Public Law 111–148); and 
(2) section 1402 of the Patient Protection and 
Affordable Care Act (concerning reduced cost shar-
ing; 42 U.S.C. 18071). 
(b) FOR PURPOSES OF THE 5-YEAR ELIGIBILITY 
WAITING PERIOD UNDER PRWORA.—An individual who 
has met the requirements under this Act for adjustment 
from conditional nonimmigrant status to lawful perma-
nent resident status shall be considered, as of the date 
of such adjustment, to have completed the 5-year period 
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specified in section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613). 
SEC. 13. MILITARY ENLISTMENT. 
Section 504(b)(1) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(D) An alien who is a conditional non-
immigrant (as that term is defined in section 3 of 
the DREAM Act of 2010).’’. 
SEC. 14. GAO REPORT. 
Not later than 7 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the 
House of Representatives a report setting forth— 
(1) the number of aliens who were eligible for 
cancellation of removal and grant of conditional non-
immigrant status under section 4(a); 
(2) the number of aliens who applied for can-
cellation of removal and grant of conditional non-
immigrant status under section 4(a); 
(3) the number of aliens who were granted con-
ditional nonimmigrant status under section 4(a); 
and 
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(4) the number of aliens whose status was ad-
justed to that of an alien lawfully admitted for per-
manent residence under section 6. 
Æ 
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