scribed in subclause (I) was made by 
the alien when the alien— 
‘‘(aa) was under 18 years of 
age; or 
‘‘(bb) otherwise lacked the 
mental competence to knowingly 
misrepresent a claim of United 
States citizenship. 
‘‘(iii) WAIVER.—The Attorney General 
or the Secretary of Homeland Security 
may, in the discretion of the Attorney Gen-
eral or the Secretary, waive the application 
of clause (i) or (ii)(I) for an alien, regard-
less whether the alien is within or outside 
the United States, if the Attorney General 
or the Secretary find that a determination 
of inadmissibility to the United States for 
such alien would— 
‘‘(I) result in hardship to the 
alien or to the alien’s parent, spouse, 
son, or daughter who is a citizen of 
the United States or an alien lawfully 
admitted for permanent residence; or 
‘‘(II) in the case of a VAWA self- 
petitioner, result in hardship to the 
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alien or a parent or child of the alien 
who is a citizen of the United States, 
an alien lawfully admitted for perma-
nent residence, or a qualified alien (as 
defined in section 431 of the Personal 
Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 
1641(b))). 
For purposes of this clause, family separa-
tion in and of itself shall be deemed to be 
a hardship. 
‘‘(iv) LIMITATION
ON
REVIEW.—No 
court shall have jurisdiction to review a de-
cision or action of the Attorney General or 
the Secretary regarding a waiver under 
clause (iii).’’. 
(B) CONFORMING
AMENDMENT.—Section 
212 of the Immigration and Nationality Act (8 
U.S.C. 1182) is amended by striking subsection 
(i). 
(2) DEPORTABILITY.—Section 237(a)(3)(D) of 
the Immigration and Nationality Act (8 U.S.C. 
1227(a)(3)(D)) is amended to read as follows: 
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‘‘(D) FALSELY CLAIMING CITIZENSHIP.— 
Any alien described in section 212(a)(6)(C)(ii) 
is deportable.’’. 
(e) DEFINITION OF CONVICTION.— 
(1) IN GENERAL.—Section 101(a)(48) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(48)) is amended by striking subparagraphs 
(A) and (B) and inserting the following: 
‘‘(A) The term ‘conviction’ means, with re-
spect to an alien, a final, formal judgment of 
guilt entered by a court. Where a State or Fed-
eral court enters an adjudication or judgment 
of guilt that has been withheld, deferred, ex-
punged, annulled, invalidated or vacated, or en-
ters an order of probation without entry of 
judgment, or any similar disposition under 
State or Federal law such judgment or adju-
dication shall not be considered a conviction for 
purposes of this Act. 
‘‘(B) Any pardon entered by a State or 
Federal authority shall render the prior convic-
tion null and void for all purposes under this 
Act. 
‘‘(C) Any reference to a term of imprison-
ment or a sentence with respect to an offense 
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is deemed to include only the actual period of 
incarceration or confinement ordered by a court 
of law. The suspension of the imposition or exe-
cution of that imprisonment or sentence in 
whole or in part shall not be included as a part 
of the sentence for purposes of this Act.’’. 
(2) EFFECTIVE DATE AND APPLICATION.—The 
amendments made by paragraph (1) shall take effect 
on the date of the enactment of this Act and shall 
apply to convictions and sentences entered before, 
on, or after the date of the enactment of this Act. 
SEC. 5. DISCRETIONARY AUTHORITY WITH RESPECT TO RE-
MOVAL, DEPORTATION, INELIGIBILITY OR IN-
ADMISSIBILITY OF CITIZEN AND RESIDENT 
IMMEDIATE FAMILY MEMBERS. 
(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 
Section 240(c)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)(4)) is amended by adding at the end 
the following: 
‘‘(D) JUDICIAL DISCRETION.—In the case 
of an alien subject to removal, deportation, in-
eligibility or inadmissibility, the immigration 
judge may exercise discretion to decline to order 
the alien removable, deportable, ineligible or in-
admissible from the United States and termi-
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nate proceedings or grant permission to reapply 
for admission or any application for relief from 
removal if the judge determines that such re-
moval, deportation, ineligibility or inadmis-
sibility is against the public interest or would 
result in hardship to the alien’s United States 
citizen or lawful permanent resident parent, 
spouse, or child, or the judge determines the 
alien is prima facie eligible for naturalization 
except that this subparagraph shall not apply to 
an alien whom the judge determines— 
‘‘(i) is inadmissible or deportable 
under— 
‘‘(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (H), or (I) of section 
212(a)(2); 
‘‘(II) section 212(a)(3); 
‘‘(III) subparagraph (A), (C), or 
(D) of section 212(a)(10); or 
‘‘(IV) 
paragraph 
(2)(A)(ii), 
(2)(A)(v), (2)(F), (4), or (6) of sec-
tion 237(a); or 
‘‘(ii) has— 
‘‘(I) engaged in conduct de-
scribed in paragraph (9) or (10) of 
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section 103 of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 
7102); or 
‘‘(II) a felony conviction de-
scribed in section 101(a)(43) that 
would have been classified as an ag-
gravated felony at the time of convic-
tion. 
For purposes of this subparagraph, family 
separation in and of itself shall be deemed 
to be a hardship and shall be deemed to be 
against the public interest.’’. 
(b) SECRETARY’S DISCRETION.—Section 212 of the 
Immigration and Nationality Act (8 U.S.C. 1182) is 
amended by adding at the end the following: 
‘‘(u) SECRETARY’S DISCRETION.—In the case of an 
alien who is inadmissible under this section or deportable 
under section 237 or ineligible under any provision of this 
Act, the Secretary of Homeland Security may exercise dis-
cretion to waive a ground of ineligibility, inadmissibility 
or deportability or grant permission to reapply for admis-
sion or any application for immigration benefits if the Sec-
retary determines that such ineligibility, removal or re-
fusal of admission is against the public interest or would 
result in hardship, including family separation, to the 
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alien’s United States citizen or permanent resident parent, 
spouse, or child. For purposes of this subsection, family 
separation in and of itself shall be deemed to be a hardship 
and shall be deemed to be against the public interest. This 
subsection shall not apply to an alien whom the Secretary 
determines— 
‘‘(1) is inadmissible or deportable under— 
‘‘(A) subparagraph (B), (C), (D)(ii), (E), 
(H), or (I) of subsection (a)(2); 
‘‘(B) subsection (a)(3); 
‘‘(C) subparagraph (A), (C), or (D) of sub-
section (a)(10); 
‘‘(D) 
paragraph 
(2)(A)(ii), 
(2)(A)(v), 
(2)(F), or (6) of section 237(a); or 
‘‘(E) section 240(c)(4)(D)(ii)(II); or 
‘‘(2) has— 
‘‘(A) engaged in conduct described in para-
graph (8) or (9) of section 103 of the Traf-
ficking Victims Protection Act of 2000 (22 
U.S.C. 7102); 
‘‘(B) a felony conviction described in sec-
tion 101(a)(43) that would have been classified 
as an aggravated felony at the time of convic-
tion;’’. 
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(c) REINSTATEMENT OF REMOVAL ORDERS.—Sec-
tion 241(a)(5) of the Immigration and Nationality Act (8 
U.S.C. 1231(a)(5)) is amended by striking the period at 
the end and inserting ‘‘, unless the alien reentered prior 
to attaining the age of 18 years, or reinstatement of the 
prior order of removal would not be in the public interest 
or would result in hardship, including family separation, 
to the alien’s United States citizen or permanent resident 
parent, spouse, or child.’’. 
Æ 
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