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(7) The alien has not been convicted of a felony or of more than 2
misdemeanors committed in the United States.
(8) The alien has not assisted in the persecution of a person on ac-
count of race, religion, nationality, membership in a particular social
group, or political opinion.
(9) The alien is registered or registering under the Military Selective
Service Act (50 App. U.S.C. 451 et seq.) if the Act requires the alien
to register.
(b) AUTHORIZED TRAVEL.—During the time an alien is an alien lawfully
admitted for temporary residence under subsection (a) of this section, the
Attorney General shall allow the alien to return to the United States after—
(1) any brief and casual trip outside the United States that reflects
the alien’s intent to have the alien’s status adjusted under section 9304
of this title to that of an alien lawfully admitted for permanent resi-
dence; and
(2) any brief temporary trip outside the United States because of a
family obligation involving the illness or death of a close relative or an-
other family need.
(c) AUTHORIZED EMPLOYMENT.—During the time an alien is an alien
lawfully admitted for temporary residence under subsection (a) of this sec-
tion, the Attorney General shall grant the alien authorization to be em-
ployed in the United States and provide to the alien an ‘‘employment au-
thorized’’ endorsement or other appropriate work permit.
(d) CUBAN OR HAITIAN ENTRANT.—In applying this section, a Cuban or
Haitian entrant described in section 13151(1) or (2)(A) of this title is
deemed to have entered the United States and to be in an unlawful status
in the United States.
§ 9303. Applications for adjustment of status to alien law-
fully admitted for temporary residence
(a) CONTENTS.—An application for an adjustment of status under section
9302(a) of this title shall contain information the Attorney General re-
quires, including information on each living relative of the applicant with
respect to whom the applicant may file a petition at a later date under sec-
tion 4301(a) or (b) of this title.
(b) WHO MAY RECEIVE APPLICATIONS.—The Attorney General shall pro-
vide that an application for an adjustment of status under section 9302(a)
of this title may be filed with the Attorney General or with an entity des-
ignated under subsection (c) of this section if the applicant consents to hav-
ing the application forwarded to the Attorney General.
(c) DESIGNATING ENTITIES TO RECEIVE APPLICATIONS.—To assist in
the legalization program under this chapter, the Attorney General—
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(1) shall designate qualified voluntary organizations and other quali-
fied State, local, and community organizations; and
(2) may designate other persons the Attorney General decides are
qualified and have substantial experience, demonstrated competence,
and traditional long-term involvement in preparing and submitting ap-
plications for adjustment of status under section 5107, 9101, or 9102
of this title, the Act of November 2, 1966 (Public Law 89–732, 80
Stat. 1161), or the Act of October 28, 1977 (Public Law 95–145, 91
Stat. 1223).
(d) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES.—An en-
tity designated under subsection (c) of this section must agree to forward
to the Attorney General only those applications filed with it under sub-
section (b) of this section that the applicants consent to being forwarded.
An entity may not make a decision under this chapter required to be made
by the Attorney General.
§ 9304. Adjustment of status from temporary residence to
permanent residence
(a) REQUIREMENTS.—The Attorney General shall adjust the status of an
alien lawfully admitted for temporary residence under section 9302 of this
title to that of an alien lawfully admitted for permanent residence if the
alien—
(1) applies for the adjustment during the 2-year period beginning
with the 19th month that begins after the alien acquired the status of
an alien lawfully admitted for temporary residence;
(2) has resided continuously in the United States since the alien ac-
quired the status of an alien lawfully admitted for temporary residence;
(3) is admissible as an immigrant, except as provided in sections
9305 and 9306 of this title;
(4) has not been convicted of a felony or of more than 2 misdemean-
ors committed in the United States; and
(5)(A) meets the requirements of section 20301(a)(7) and (8) of this
title; or
(B) is pursuing satisfactorily a course of study, recognized by the At-
torney General, to meet the requirements of section 20301(a)(7) and
(8) of this title.
(b) EXCEPTIONS.—(1) An alien does not violate the continuous residence
requirement of subsection (a)(2) of this section because of an absence from
the United States allowed under section 9302(b) of this title.
(2) The Attorney General may waive any part of the requirements of sub-
section (a)(5) of this section for an alien who is at least 65 years of age
or developmentally disabled.
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(c) RELATION
TO NATURALIZATION EXAMINATION.—An alien dem-
onstrating under subsection (a)(5)(A) of this section that the alien meets
the requirements of section 20301(a)(7) and (8) of this title may be deemed
to have satisfied those requirements for becoming naturalized as a citizen
of the United States under subtitle V of this title.
§ 9305. Medical examination
An alien must undergo, at the alien’s expense, an appropriate medical ex-
amination (including establishing the alien’s immunization status) that com-
plies with generally accepted professional standards of medical practice be-
fore a decision on the alien’s admissibility under sections 9302(a)(6),
9304(a)(3), and 9311(2) of this title may be made.
§ 9306. Nonapplication and waiver of certain provisions of
law
(a) GROUNDS OF EXCLUSION THAT DO NOT APPLY OR THAT MAY BE
WAIVED.—When the Attorney General is deciding on an alien’s admissibility
under sections 9302(a)(6), 9304(a)(3), and 9311(2) of this title—
(1) sections 4311(a), 6313, and 9107 of this title do not apply; and
(2) except as provided in subsection (b) of this section, the Attorney
General may waive section 2121(a) and subchapter I of chapter 63 of
this title for an individual alien—
(A) for humanitarian purposes;
(B) to ensure family unity; or
(C) when otherwise in the public interest.
(b) GROUNDS THAT MAY NOT BE WAIVED.—Notwithstanding subsection
(a)(2) of this section, the Attorney General may not waive—
(1) section 6304(a) of this title to the extent it relates to an applica-
tion for adjustment of status to an alien lawfully admitted for perma-
nent residence, except that section 6304(a) may be waived for an alien
who is or was an aged, blind, or disabled individual (as defined in sec-
tion 1614(a)(1) of the Social Security Act (42 U.S.C. 1382c(a)(1)));
(2) section 6307(a)(1)–(4) of this title, except as section 6307(a)(3)
relates to a single offense of simple possession of not more than 30
grams of marijuana; or
(3) section 6308 or 6309 of this title.
(c) SPECIAL RULE
FOR DECIDING WHETHER ALIENS ARE PUBLIC
CHARGES.—An alien is not ineligible for an adjustment of status under this
chapter because of inadmissibility under section 6304(a) of this title if the
alien demonstrates a history of employment in the United States showing
self-support without receiving public cash assistance.