‘‘(A) is admissible to the United States as 
an immigrant, except as otherwise provided 
under subsection (d), 
‘‘(B) has not been convicted of any felony 
or of two or more misdemeanors committed in 
the United States, and 
‘‘(C) has not assisted in the persecution of 
any person or persons on account of race, reli-
gion, nationality, membership in a particular 
social group, or political opinion. 
‘‘(5) BASIC CITIZENSHIP SKILLS.— 
‘‘(A) IN GENERAL.—The alien must dem-
onstrate that the alien either— 
‘‘(i) meets the requirements of section 
312(a) (relating to minimal understanding 
of ordinary English and a knowledge and 
understanding of the history and govern-
ment of the United States), or 
‘‘(ii) is satisfactorily pursuing a 
course of study (recognized by the Sec-
retary of Homeland Security) to achieve 
such an understanding of English and 
such a knowledge and understanding of the 
history and government of the United 
States. 
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‘‘(B) EXCEPTION
FOR
ELDERLY
OR
DE-
VELOPMENTALLY
DISABLED
INDIVIDUALS.— 
The Secretary of Homeland Security may, in 
his discretion, waive all or part of the require-
ments of subparagraph (A) in the case of an 
alien who is 65 years of age or older or who is 
developmentally disabled. 
‘‘(6) PAYMENT OF FINE.—The alien must pay 
to the Secretary of Homeland Security a fine in the 
amount of $1,000. 
‘‘(b) NATURE OF LAWFUL STATUS.— 
‘‘(1) NOT LAWFUL PERMANENT RESIDENT STA-
TUS AND INELIGIBLE TO ADJUST UNDER SECTION 
245, BUT
ELIGIBLE
TO
SEE
LPR
STATUS
OTHER-
WISE.—An alien provided lawful status under sub-
section (a)— 
‘‘(A) shall not be considered to be an alien 
lawfully admitted for permanent residence; 
‘‘(B) is not eligible to adjust status under 
section 245; and 
‘‘(C) may seek to obtain lawful permanent 
resident status under other provisions of law, 
such as by qualifying for an immigrant visa 
through a consular office abroad under the reg-
ular immigration process. 
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‘‘(2) TERMINATION OF LAWFUL STATUS.—The 
Secretary of Homeland Security shall provide for 
termination of lawful status granted an alien under 
subsection (a)— 
‘‘(A) if it appears to the Secretary of 
Homeland Security that the alien was in fact 
not eligible for such status; 
‘‘(B) if the alien commits an act that (i) 
makes the alien inadmissible to the United 
States as an immigrant, except as otherwise 
provided under subsection (d)(2), or (ii) is con-
victed of any felony or two or more mis-
demeanors committed in the United States; or 
‘‘(C) if and when such alien obtains lawful 
permanent resident status under law. 
‘‘(3) AUTHORIZED TRAVEL AND EMPLOYMENT 
DURING
LAWFUL
STATUS.—During the period an 
alien is in lawful status granted under subsection 
(a)— 
‘‘(A) 
AUTHORIZATION
OF
TRAVEL 
ABROAD.—The Secretary of Homeland Security 
shall, in accordance with regulations, permit the 
alien to return to the United States after such 
brief and casual trips abroad as reflect an in-
tention on the part of the alien not to relinquish 
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lawful status and after brief temporary trips 
abroad occasioned by a family obligation involv-
ing an occurrence such as the illness or death 
of a close relative or other family need. 
‘‘(B) AUTHORIZATION OF EMPLOYMENT.— 
The Secretary of Homeland Security shall grant 
the alien authorization to engage in employment 
in the United States and provide to that alien 
an ‘employment authorized’ endorsement or 
other appropriate work permit. 
‘‘(4) NO
DERIVATIVE
TREATMENT
OF
REL-
ATIVES.—A spouse, child, or other relative of an 
alien who obtains lawful status under subsection (a) 
is not entitled to such status by virtue of such rela-
tionship, but may be provided the same status as 
such an alien if the spouse, child, or other relative 
also qualifies under such subsection for such lawful 
status. 
‘‘(c) APPLICATIONS FOR ADJUSTMENT TO LAWFUL 
STATUS.— 
‘‘(1) TO WHOM MAY BE MADE.—The Secretary 
of Homeland Security shall provide that applications 
for adjustment of status under subsection (a) shall 
be filed with the Secretary. 
‘‘(2) CONFIDENTIALITY OF INFORMATION.— 
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‘‘(A) IN GENERAL.—Except as provided in 
this paragraph, neither the Secretary of Home-
land Security, nor any other official or em-
ployee of the Department of Justice, or bureau 
or agency thereof, may— 
‘‘(i) use the information furnished by 
the applicant pursuant to an application 
filed under this section for any purpose 
other than to make a determination on the 
application or for enforcement of para-
graph (3); 
‘‘(ii) make any publication whereby 
the information furnished by any par-
ticular applicant can be identified; or 
‘‘(iii) permit anyone other than the 
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
ignated entity, that designated entity, to 
examine individual applications. 
‘‘(B) REQUIRED DISCLOSURES.—The Sec-
retary of Homeland Security shall provide the 
information furnished under this section, and 
any other information derived from such fur-
nished information, to a duly recognized law en-
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forcement entity in connection with a criminal 
investigation or prosecution, when such infor-
mation is requested in writing by such entity, 
or to an official coroner for purposes of affirm-
atively identifying a deceased individual (wheth-
er or not such individual is deceased as a result 
of a crime). 
‘‘(C) 
AUTHORIZED
DISCLOSURES.—The 
Secretary of Homeland Security may provide, in 
the Secretary of Homeland Security’s discre-
tion, for the furnishing of information furnished 
under this section in the same manner and cir-
cumstances as census information may be dis-
closed by the Secretary of Commerce under sec-
tion 8 of title 13, United States Code. 
‘‘(D) CONSTRUCTION.— 
‘‘(i) IN
GENERAL.—Nothing in this 
paragraph shall be construed to limit the 
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or 
records of the Department of Homeland 
Security pertaining to an application filed 
under this section, other than information 
furnished by an applicant pursuant to the 
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application, or any other information de-
rived from the application, that is not 
available from any other source. 
‘‘(ii) CRIMINAL CONVICTIONS.—Infor-
mation concerning whether the applicant 
has at any time been convicted of a crime 
may be used or released for immigration 
enforcement or law enforcement purposes. 
‘‘(E) CRIME.—Whoever knowingly uses, 
publishes, or permits information to be exam-
ined in violation of this paragraph shall be fined 
not more than $10,000. 
‘‘(3) PENALTIES FOR FALSE STATEMENTS IN 
APPLICATIONS.—Whoever files an application for ad-
justment of status under this section and knowingly 
and willfully falsifies, misrepresents, conceals, or 
covers up a material fact or makes any false, ficti-
tious, or fraudulent statements or representations, 
or makes or uses any false writing or document 
knowing the same to contain any false, fictitious, or 
fraudulent statement or entry, shall be ineligible for 
adjustment of status under this section and shall be 
fined in accordance with title 18, United States 
Code, or imprisoned not more than five years, or 
both. 
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‘‘(4) APPLICATION FEES.— 
‘‘(A) FEE SCHEDULE.—The Secretary of 
Homeland Security shall provide for a schedule 
of fees to be charged for the filing of applica-
tions for adjustment under subsection (a). 
‘‘(B) USE
OF
FEES.—The Secretary of 
Homeland Security shall deposit payments re-
ceived under this paragraph in a separate ac-
count and amounts in such account shall be 
available, without fiscal year limitation, to cover 
administrative and other expenses incurred in 
connection with the review of applications filed 
under this section. 
‘‘(d) WAIVER OF CERTAIN GROUNDS FOR EXCLU-
SION.—In the determination of an alien’s admissibility 
under subsection (a)(4)(A), the provisions of paragraphs 
(5), (6)(A), and (7)(A) of section 212(a) shall not apply. 
‘‘(e) TEMPORARY STAY OF DEPORTATION AND WORK 
AUTHORIZATION FOR CERTAIN APPLICANTS.— 
‘‘(1) BEFORE APPLICATION PERIOD.—The Sec-
retary of Homeland Security shall provide that in 
the case of an alien who is apprehended before the 
beginning of the application period described in sub-
section (a)(1)(A) and who can establish a prima 
facie case of eligibility to have his status adjusted 
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under subsection (a) (but for the fact that he may 
not apply for such adjustment until the beginning of 
such period), until the alien has had the opportunity 
during the first 30 days of the application period to 
complete the filing of an application for adjustment, 
the alien— 
‘‘(A) may not be deported, and 
‘‘(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an ‘employment authorized’ en-
dorsement or other appropriate work permit. 
‘‘(2) DURING APPLICATION PERIOD.—The Sec-
retary of Homeland Security shall provide that in 
the case of an alien who presents a prima facie ap-
plication for adjustment of status under subsection 
(a) during the application period, and until a final 
determination on the application has been made in 
accordance with this section, the alien— 
‘‘(A) may not be deported, and 
‘‘(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an ‘employment authorized’ en-
dorsement or other appropriate work permit. 
‘‘(f) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
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‘‘(1) ADMINISTRATIVE
AND
JUDICIAL
RE-
VIEW.—There shall be no administrative or judicial 
review of a determination respecting an application 
for adjustment of status under this section except in 
accordance with this subsection. 
‘‘(2) NO REVIEW FOR LATE FILINGS.—No de-
nial of adjustment of status under this section based 
on a late filing of an application for such adjustment 
may be reviewed by a court of the United States or 
of any State or reviewed in any administrative pro-
ceeding of the United States Government. 
‘‘(3) ADMINISTRATIVE REVIEW.— 
‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE 
APPELLATE REVIEW.—The Secretary of Home-
land Security shall establish an appellate au-
thority to provide for a single level of adminis-
trative appellate review of a determination de-
scribed in paragraph (1). 
‘‘(B) STANDARD FOR REVIEW.—Such ad-
ministrative appellate review shall be based 
solely upon the administrative record estab-
lished at the time of the determination on the 
application and upon such additional or newly 
discovered evidence as may not have been avail-
able at the time of the determination. 
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‘‘(g) IMPLEMENTATION OF SECTION.— 
‘‘(1) REGULATIONS.—The Secretary of Home-
land Security may issue such regulations as may be 
necessary to carry out this section. 
‘‘(2) CONSIDERATIONS.—In prescribing regula-
tions described in paragraph (1)— 
‘‘(A) PERIODS
OF
CONTINUOUS
RESI-
DENCE.—The Secretary of Homeland Security 
shall specify individual periods, and aggregate 
periods, of absence from the United States 
which will be considered to break a period of 
continuous residence in the United States and 
shall take into account absences due merely to 
brief and casual trips abroad. 
‘‘(B) ABSENCES CAUSED BY DEPORTATION 
OR
ADVANCED
PAROLE.—The Secretary of 
Homeland Security shall provide that— 
‘‘(i) an alien shall not be considered to 
have resided continuously in the United 
States, if, during any period for which con-
tinuous residence is required, the alien was 
outside the United States as a result of a 
departure under an order of deportation, 
and 
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‘‘(ii) any period of time during which 
an alien is outside the United States pur-
suant to the advance parole procedures of 
the Department of Homeland Security 
shall not be considered as part of the pe-
riod of time during which an alien is out-
side the United States for purposes of this 
section. 
‘‘(C) WAIVERS OF CERTAIN ABSENCES.— 
The Secretary of Homeland Security may pro-
vide for a waiver, in the discretion of the Sec-
retary of Homeland Security, of the periods 
specified under subparagraph (A) in the case of 
an absence from the United States due merely 
to a brief temporary trip abroad required by 
emergency or extenuating circumstances outside 
the control of the alien. 
‘‘(D) USE
OF
CERTAIN
DOCUMENTA-
TION.—The Secretary of Homeland Security 
shall require that— 
‘‘(i) continuous residence and physical 
presence in the United States must be es-
tablished through documents, together with 
independent corroboration of the informa-
tion contained in such documents, and 
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‘‘(ii) the documents provided under 
clause (i) must be employment-related if 
employment-related documents with re-
spect to the alien are available to the appli-
cant. 
‘‘(3) INTERIM
FINAL
REGULATIONS.—Regula-
tions prescribed under this section may be pre-
scribed to take effect on an interim final basis if the 
Secretary of Homeland Security determines that this 
is necessary in order to implement this section in a 
timely manner. 
‘‘(h) DISSEMINATION OF INFORMATION ON LEGAL-
IZATION PROGRAM.—Beginning not later than the date 
designated by the Secretary of Homeland Security under 
subsection (a)(1)(A), the Secretary of Homeland Security 
shall broadly disseminate information respecting the bene-
fits which aliens may receive under this section and the 
requirements to obtain such benefits.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 245(c) of such Act (8 U.S.C. 
1255(c)) is amended by striking ‘‘or’’ before ‘‘(8)’’ 
and by inserting before the period at the end the fol-
lowing: ‘‘or (9) any alien who has lawful status 
under section 245B’’. 
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(2) The table of contents of such Act is amend-
ed by inserting after the item relating to section 
245A the following new item: 
‘‘Sec. 245B. Lawful status for certain long-term residents.’’. 
Æ 
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