(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been per-
mitted to depart voluntarily from the United States may, 
notwithstanding such order or permission to depart, apply 
for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall cancel the order 
of removal. If the Secretary renders a final administrative 
decision to deny the application, the order of removal or 
permission to depart shall be effective and enforceable to 
the same extent as if the application had not been made, 
only after all available administrative and judicial rem-
edies have been exhausted. 
(c) FEE EXEMPTION.—An applicant may be exempt-
ed from paying an application fee required under this Act 
if the applicant— 
(1) is 18 years of age or younger; 
(2) received total income, during the 12-month 
period immediately preceding the date on which the 
applicant files an application under this Act, that is 
less than 150 percent of the Federal poverty line; 
(3) is in foster care or otherwise lacks any pa-
rental or other familial support; or 
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(4) cannot care for himself or herself because of 
a serious, chronic disability. 
(d) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this Act and ending on the date on which 
the Secretary makes a final decision regarding such appli-
cation, the alien shall be eligible to apply for advance pa-
role. Section 101(g) of the Immigration and Nationality 
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 
advance parole under this Act. 
(e) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this Act, who may not be placed in removal 
proceedings pursuant to this Act, or who has pending an 
application under this Act, shall, upon application to the 
Secretary, be granted an employment authorization docu-
ment. 
SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this Act (whether on a conditional 
basis or without the conditional basis as provided in sec-
tion 104(c)(2)) shall not terminate when the alien is 
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served a notice to appear under section 239(a) of the Im-
migration and Nationality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE 
OR RESIDENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain— 
(A) continuous physical presence in the 
United States under this Act if the alien has 
departed from the United States for any period 
exceeding 90 days or for any periods, in the ag-
gregate, exceeding 180 days; and 
(B) continuous residence in the United 
States under this Act if the alien has departed 
from the United States for any period exceeding 
180 days, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that the alien did not in fact abandon resi-
dence in the United States during such period. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including— 
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(A) the serious illness of the alien; 
(B) death or serious illness of a parent, 
grandparent, sibling, or child of the alien; 
(C) processing delays associated with the 
application process for a visa or other travel 
document; or 
(D) restrictions on international travel due 
to the public health emergency declared by the 
Secretary of Health and Human Services under 
section 319 of the Public Health Service Act 
(42 U.S.C. 247d) with respect to COVID–19. 
(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary may not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
(c) WAIVER OF PHYSICAL PRESENCE.—With respect 
to aliens who were removed or departed the United States 
on or after January 20, 2017, and who were continuously 
physically present in the United States for at least 4 years 
prior to such removal or departure, the Secretary may, 
as a matter of discretion, waive the physical presence re-
quirement 
under 
section 
102(b)(1)(A) 
or 
section 
202(a)(2) for humanitarian purposes, for family unity, or 
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because a waiver is otherwise in the public interest. The 
Secretary, in consultation with the Secretary of State, 
shall establish a procedure for such aliens to apply for re-
lief under section 102 or 202 from outside the United 
States if they would have been eligible for relief under 
such section, but for their removal or departure. 
SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. 
Nothing in this Act or in any other law may be con-
strued to apply a numerical limitation on the number of 
aliens who may be granted permanent resident status 
under this Act (whether on a conditional basis, or without 
the conditional basis as provided in section 104(c)(2)). 
SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDI-
CIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary shall provide to aliens who have applied for adjust-
ment of status under this Act a process by which an appli-
cant may seek administrative appellate review of a denial 
of an application for adjustment of status, or a revocation 
of such status. 
(b) JUDICIAL REVIEW.—Except as provided in sub-
section (c), and notwithstanding any other provision of 
law, an alien may seek judicial review of a denial of an 
application for adjustment of status, or a revocation of 
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such status, under this Act in an appropriate United 
States district court. 
(c) STAY OF REMOVAL.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an alien seeking administrative or judicial 
review under this Act may not be removed from the 
United States until a final decision is rendered es-
tablishing that the alien is ineligible for adjustment 
of status under this Act. 
(2) EXCEPTION.—The Secretary may remove 
an alien described in paragraph (1) pending judicial 
review if such removal is based on criminal or na-
tional security grounds described in this Act. Such 
removal shall not affect the alien’s right to judicial 
review under this Act. The Secretary shall promptly 
return a removed alien if a decision to deny an ap-
plication for adjustment of status under this Act, or 
to revoke such status, is reversed. 
SEC. 307. DOCUMENTATION REQUIREMENTS. 
(a) DOCUMENTS
ESTABLISHING
IDENTITY.—An 
alien’s application for permanent resident status under 
this Act (whether on a conditional basis, or without the 
conditional basis as provided in section 104(c)(2)) may in-
clude, as evidence of identity, the following: 
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(1) A passport or national identity document 
from the alien’s country of origin that includes the 
alien’s name and the alien’s photograph or finger-
print. 
(2) The alien’s birth certificate and an identity 
card that includes the alien’s name and photograph. 
(3) A school identification card that includes 
the alien’s name and photograph, and school records 
showing the alien’s name and that the alien is or 
was enrolled at the school. 
(4) A Uniformed Services identification card 
issued by the Department of Defense. 
(5) Any immigration or other document issued 
by the United States Government bearing the alien’s 
name and photograph. 
(6) A State-issued identification card bearing 
the alien’s name and photograph. 
(7) Any other evidence determined to be cred-
ible by the Secretary. 
(b) DOCUMENTS ESTABLISHING ENTRY, CONTIN-
UOUS PHYSICAL PRESENCE, LACK OF ABANDONMENT OF 
RESIDENCE.—To establish that an alien was 18 years of 
age or younger on the date on which the alien entered 
the United States, and has continuously resided in the 
United States since such entry, as required under section 
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102(b)(1)(B), that an alien has been continuously phys-
ically present in the United States, as required under sec-
tion 102(b)(1)(A) or 202(a)(2), or that an alien has not 
abandoned residence in the United States, as required 
under section 104(a)(1)(B), the alien may submit the fol-
lowing forms of evidence: 
(1) 
Passport 
entries, 
including 
admission 
stamps on the alien’s passport. 
(2) Any document from the Department of Jus-
tice or the Department of Homeland Security noting 
the alien’s date of entry into the United States. 
(3) Records from any educational institution 
the alien has attended in the United States. 
(4) Employment records of the alien that in-
clude the employer’s name and contact information, 
or other records demonstrating earned income. 
(5) Records of service from the Uniformed 
Services. 
(6) Official records from a religious entity con-
firming the alien’s participation in a religious cere-
mony. 
(7) A birth certificate for a child who was born 
in the United States. 
(8) Hospital or medical records showing med-
ical treatment or hospitalization, the name of the 
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medical facility or physician, and the date of the 
treatment or hospitalization. 
(9) Automobile license receipts or registration. 
(10) Deeds, mortgages, or rental agreement 
contracts. 
(11) Rent receipts or utility bills bearing the 
alien’s name or the name of an immediate family 
member of the alien, and the alien’s address. 
(12) Tax receipts. 
(13) Insurance policies. 
(14) Remittance records, including copies of 
money order receipts sent in or out of the country. 
(15) Travel records. 
(16) Dated bank transactions. 
(17) Two or more sworn affidavits from individ-
uals who are not related to the alien who have direct 
knowledge of the alien’s continuous physical pres-
ence in the United States, that contain— 
(A) the name, address, and telephone num-
ber of the affiant; and 
(B) the nature and duration of the rela-
tionship between the affiant and the alien. 
(18) Any other evidence determined to be cred-
ible by the Secretary. 
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(c) DOCUMENTS ESTABLISHING ADMISSION TO AN 
INSTITUTION OF HIGHER EDUCATION.—To establish that 
an alien has been admitted to an institution of higher edu-
cation, the alien may submit to the Secretary a document 
from the institution of higher education certifying that the 
alien— 
(1) has been admitted to the institution; or 
(2) is currently enrolled in the institution as a 
student. 
(d) DOCUMENTS ESTABLISHING RECEIPT OF A DE-
GREE FROM AN INSTITUTION OF HIGHER EDUCATION.— 
To establish that an alien has acquired a degree from an 
institution of higher education in the United States, the 
alien may submit to the Secretary a diploma or other doc-
ument from the institution stating that the alien has re-
ceived such a degree. 
(e) DOCUMENTS ESTABLISHING RECEIPT OF A HIGH 
SCHOOL DIPLOMA, GENERAL EDUCATIONAL DEVELOP-
MENT CREDENTIAL, OR A RECOGNIZED EQUIVALENT.— 
To establish that in the United States an alien has earned 
a high school diploma or a commensurate alternative 
award from a public or private high school, has obtained 
the General Education Development credential, or other-
wise has satisfied section 102(b)(1)(D)(iii), the alien may 
submit to the Secretary the following: 
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(1) A high school diploma, certificate of comple-
tion, or other alternate award. 
(2) A high school equivalency diploma or certifi-
cate recognized under State law. 
(3) Evidence that the alien passed a State-au-
thorized exam, including the General Education De-
velopment test, in the United States. 
(4) Evidence that the alien successfully com-
pleted an area career and technical education pro-
gram, such as a certification, certificate, or similar 
alternate award. 
(5) Evidence that the alien obtained a recog-
nized postsecondary credential. 
(6) Any other evidence determined to be cred-
ible by the Secretary. 
(f) DOCUMENTS ESTABLISHING ENROLLMENT IN AN 
EDUCATIONAL PROGRAM.—To establish that an alien is 
enrolled in any school or education program described in 
section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may 
submit school records from the United States school that 
the alien is currently attending that include— 
(1) the name of the school; and 
(2) the alien’s name, periods of attendance, and 
current grade or educational level. 
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(g) DOCUMENTS ESTABLISHING EXEMPTION FROM 
APPLICATION FEES.—To establish that an alien is exempt 
from an application fee under this Act, the alien may sub-
mit to the Secretary the following relevant documents: 
(1) DOCUMENTS TO ESTABLISH AGE.—To es-
tablish that an alien meets an age requirement, the 
alien may provide proof of identity, as described in 
subsection (a), that establishes that the alien is 18 
years of age or younger. 
(2) DOCUMENTS TO ESTABLISH INCOME.—To 
establish the alien’s income, the alien may provide— 
(A) employment records or other records of 
earned income, including records that have been 
maintained by the Social Security Administra-
tion, the Internal Revenue Service, or any other 
Federal, State, or local government agency; 
(B) bank records; or 
(C) at least two sworn affidavits from indi-
viduals who are not related to the alien and 
who have direct knowledge of the alien’s work 
and income that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
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(ii) the nature and duration of the re-
lationship between the affiant and the 
alien. 
(3) DOCUMENTS TO ESTABLISH FOSTER CARE, 
LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC 
DISABILITY.—To establish that the alien is in foster 
care, lacks parental or familial support, or has a se-
rious, chronic disability, the alien may provide at 
least two sworn affidavits from individuals who are 
not related to the alien and who have direct knowl-
edge of the circumstances that contain— 
(A) a statement that the alien is in foster 
care, otherwise lacks any parental or other fa-
miliar support, or has a serious, chronic dis-
ability, as appropriate; 
(B) the name, address, and telephone num-
ber of the affiant; and 
(C) the nature and duration of the rela-
tionship between the affiant and the alien. 
(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR 
HARDSHIP EXEMPTION.—To establish that an alien satis-
fies one of the criteria for the hardship exemption set forth 
in section 104(a)(2)(C), the alien may submit to the Sec-
retary at least two sworn affidavits from individuals who 
are not related to the alien and who have direct knowledge 
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of the circumstances that warrant the exemption, that 
contain— 
(1) the name, address, and telephone number of 
the affiant; and 
(2) the nature and duration of the relationship 
between the affiant and the alien. 
(i) DOCUMENTS ESTABLISHING SERVICE
IN
THE 
UNIFORMED SERVICES.—To establish that an alien has 
served in the Uniformed Services for at least 2 years and, 
if discharged, received an honorable discharge, the alien 
may submit to the Secretary— 
(1) a Department of Defense form DD–214; 
(2) a National Guard Report of Separation and 
Record of Service form 22; 
(3) personnel records for such service from the 
appropriate Uniformed Service; or 
(4) health records from the appropriate Uni-
formed Service. 
(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
(1) IN
GENERAL.—An alien may satisfy the 
earned 
income 
requirement 
under 
section 
104(a)(1)(C)(iii) by submitting records that— 
(A) establish compliance with such require-
ment; and 
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(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
submitting at least two types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records; 
(C) employer or contractor records; 
(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien; 
(F) remittance records; or 
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(G) any other evidence determined to be 
credible by the Secretary. 
(k) AUTHORITY TO PROHIBIT USE
OF CERTAIN 
DOCUMENTS.—If the Secretary determines, after publica-
tion in the Federal Register and an opportunity for public 
comment, that any document or class of documents does 
not reliably establish identity or that permanent resident 
status under this Act (whether on a conditional basis, or 
without the conditional basis as provided in section 
104(c)(2)) is being obtained fraudulently to an unaccept-
able degree, the Secretary may prohibit or restrict the use 
of such document or class of documents. 
SEC. 308. RULEMAKING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register interim final rules imple-
menting this Act, which shall allow eligible individuals to 
immediately apply for relief under this Act. Notwith-
standing section 553 of title 5, United States Code, the 
regulation shall be effective, on an interim basis, imme-
diately upon publication, but may be subject to change and 
revision after public notice and opportunity for a period 
of public comment. The Secretary shall finalize such rules 
not later than 180 days after the date of publication. 
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