,,ii #aaeth ,,congress #ast ,session ,s4 #aheb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjag,mr4 ,tillis 7for himself1 ,mr4 ,lankford1 and ,mr4 ,hatch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to authorize the cancellation of removal and adjustment of status of certain aliens who are long-term ,united ,states residents and who entered the ,united ,states as children1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,solution for ,undocumented ,children through ,careers1 ,employment1 ,education1 and ,defending our ,nation ,act or the ,,succeed ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children4 ,sec4 #d4 ,conditional permanent resident status4 ,sec4 #e4 ,removal of conditional basis for permanent residence4,sec4 #f4 ,limitation on parole authority4 ,sec4 #g4 ,failure to comply with status requirements2 visa overstays4 ,sec4 #h4 ,benefits for relatives of aliens granted conditional permanent resident status4 ,sec4 #i4 ,exclusive jurisdiction4 ,sec4 #aj4 ,confidentiality of information4 ,sec4 #aa4 ,restriction on welfare benefits for conditional permanent residents4 ,sec4 #ab4 ,,gao report4 ,sec4 #ac4 ,military enlistment4 ,sec4 #ad4 ,eligibility for naturalization4 #b4 ,definitions ,in this ,act3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this ,act that is also used in the immigration laws shall have the meaning given such term in the immigration laws4 7#b7 ,alien enlistee ,the term alien enlistee means a conditional permanent resident that seeks to maintain or extend such status by complying with the requirements under this ,act relating to enlistment and service in the ,armed ,forces of the ,united ,states4 7#c7 ,alien postsecondary student ,the term alien postsecondary student means a conditional permanent resident that seeks to maintain or extend such status by complying with the requirements under this ,act relating to enrollment in1 and graduation from1 an institution of higher education in the ,united ,states4 7#d7 ,conditional permanent resident 7,a7 ,definition ,the term conditional permanent resident means an alien described in subparagraph 7,b7 who is granted conditional permanent resident status under this ,act4 7,b7 ,description ,an alien granted conditional permanent resident status under this ,act-- 7i7 shall not be considered to be an alien who is unlawfully present in the ,united ,states for purposes of the immigration laws1 including section #eje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #afbc72 7ii7 shall not be considered a lawful permanent resident for the purpose of-- 7,i7 petitioning for relatives under section #bjd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaed7;a772 or 7,,ii7 seeking adjustment of status under section #bde7;a7 of such ,act 7#h ,u4,s4,c4 #abee7;a772 7iii7 has the intention to permanently reside in the ,united ,states2 7iv7 is not required to have a foreign residence which the alien has no intention of abandoning2 and 7v7 shall be considered to have been inspected and admitted for the purposes of section #bde7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;a77 after the condition on the alien's permanent resident status has been removed pursuant to section #e4 7#e7 ,federal public benefit ,the term ,federal public benefit means-- 7,a7 the ,american ,opportunity ,tax ,credit authorized under section #be;,a7i7 of the ,internal ,revenue ,code of #aihf2 7,b7 the ,earned ,income ,tax ,credit authorized under section #cb of the ,internal ,revenue ,code of #aihf2 7,c7 the ,health ,coverage ,tax ,credit authorized under section #ce of the ,internal ,revenue ,code of #aihf2 7,d7 ,social ,security benefits authorized under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq472 7,e7 ,medicare benefits authorized under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq472 and 7,f7 benefits received under the ,federal-,state ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 7#f7 ,immigration laws ,the term immigration laws has the meaning given the term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb71 except that the term does not include an institution of higher education outside the ,united ,states4 7#h7 ,military-related terms ,the terms active duty1 active service1 active status1 and armed forces have the meanings given those terms in section #aja of title #aj1 ,united ,states ,code4 7#i7 ,applicable ,federal tax liability ,the term applicable ,federal tax liability means liability for ,federal taxes imposed under the ,internal ,revenue ,code of #aihf1 including any penalties and interest on such taxes4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#aa7 ,significant misdemeanor ,the term significant misdemeanor means-- 7,a7 a criminal offense involving-- 7i7 domestic violence2 7ii7 sexual abuse or exploitation1 including sexually explicit conduct involving minors 7as such terms are defined in section #bbef of title #ah1 ,united ,states ,code72 7iii7 burglary2 7iv7 unlawful possession or use of a firearm2 7v7 drug distribution or trafficking2 or 7vi7 driving under the influence or driving while intoxicated2 or 7,b7 any other misdemeanor for which the individual was sentenced to a term of imprisonment of not less than #ij days 7excluding a suspended sentence74 #c4 ,cancellation of removal of certain long-term residents who entered the ,united ,states as children 7a7 ,special rule for certain long-,term residents who entered the ,united ,states as children 7#a7 ,in general ,notwithstanding any other provision of law and except as otherwise provided in this ,act1 the ,secretary may cancel the removal of an alien who is inadmissible or deportable from the ,united ,states and grant the alien conditional permanent resident status under this ,act1 if the alien-- 7,a7 has been physically present in the ,united ,states for a continuous period since ,june #ae1 #bjab2 7,b7 was younger than #af years of age on the date on which the alien initially entered the ,united ,states2 7,c7 was younger than #ca years of age and had no lawful status in the ,united ,states on ,june #ae1 #bjab2 7,d7 if #ah years of age or older-- 7i7 has1 while in the ,united ,states1 earned a high school diploma1 obtained a general education development certificate recognized under ,state law1 or received a high school equivalency diploma2 7ii7 has been admitted to an institution of higher education in the ,united ,states2 or 7iii7 has served1 is serving1 or has enlisted in the ,armed ,forces of the ,united ,states2 7,e7 if younger than #ah years of age-- 7i7 is attending1 or has enrolled in1 a primary or secondary school2 or 7ii7 is attending1 or has enrolled in1 a postsecondary school2 7,f7 has been a person of good moral character 7as defined in section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f777 since the date on which the alien initially entered the ,united ,states2 7,g7 has paid any applicable ,federal tax liability or has agreed to cure such liability through a payment installment plan that has been approved by the ,internal ,revenue ,service2 7,h7 subject to paragraph 7#b7-- 7i7 is not inadmissible under paragraph 7#a71 7#b71 7#c71 7#d71 7#f77;,c71 7#f77;,e71 7#h71 7#i77;,c7 or 7#aj7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 and is not inadmissible under subparagraph 7,a7 of section #bab7;a77#i7 of such ,act 7unless the ,secretary determines that the sole basis for the alien's removal under such subparagraph was unlawful presence under subparagraph 7,b7 of such section #bab7;a77#i772 7ii7 is not deportable under paragraph 7#a77;,d71 7#a77;,e71 7#a77;,g71 7#b71 7#c71 7#d71 7#e71 or 7#f7 of section #bcg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a772 7iii7 has not ordered1 incited1 assisted1 or otherwise participated in the persecution of any person on account of race1 religion1 nationality1 membership in a particular social group1 or political opinion2 and 7iv7 has not been convicted of-- 7,i7 a felony under ,federal or ,state law1 regardless of the sentence imposed2 7,,ii7 any combination of offenses under ,federal or ,state law for which the alien was sentenced to imprisonment for at least #a year2 or 7,,iii7 a significant misdemeanor2 and 7,i7 has never been under a final administrative or judicial order of exclusion1 deportation1 or removal1 unless the alien-- 7i7 has remained in the ,united ,states under color of law after such final order was issued2 or 7ii7 received the final order before attaining #ah years of age4 7#b7 ,waiver 7,a7 ,in general ,the ,secretary may waive1 on a case-by-case basis1 a ground of inadmissibility under paragraph 7#a71 7#d71 7#f77;,b71 or 7#f77;,e7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 and a ground of deportability under paragraph 7,a71 7,b71 7,c71 or 7,e7 of section #bcg7;a77#a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#a77 for humanitarian purposes or if such waiver is otherwise in the public interest4 7,b7 ,quarterly report ,not later than #ahj days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,secretary shall submit a report to ,congress that identifies-- 7i7 the number of waivers under this paragraph that were requested by aliens during the preceding quarter2 7ii7 the number of such requests that were granted2 and 7iii7 the number of such requests that were denied4 7#c7 ,procedures 7,a7 ,application for affirmative relief ,the ,secretary shall issue regulations that provide a procedure for eligible individuals to affirmatively apply for the relief available under this subsection without being placed in removal proceedings4 7,b7 ,acknowledgment to bars to relief 7i7 ,acknowledgment of notification ,the regulations issued pursuant to subparagraph 7,a7 shall include a requirement that each alien applying for conditional permanent resident status under this ,act who is at least #ah years of age sign1 under penalty of perjury1 an acknowledgment confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under this ,act or other immigration laws other than withholding of removal under section #bda7;b77#c71 or relief from removal based on a claim under the ,convention ,against ,torture and ,other ,cruel1 ,inhuman or ,degrading ,treatment or ,punishment1 done at ,new ,york1 ,december #aj1 #aihd1 if the alien violates a term for conditional permanent resident status under this ,act4 7ii7 ,exception ,notwithstanding an acknowledgment under clause 7ii71 the ,secretary may allow an alien who violated the terms of conditional permanent resident status 7other than a criminal alien or an alien deemed to be a national security or public safety risk7 to seek relief from removal if the ,secretary determines that such relief is warranted for humanitarian purposes or if otherwise in the public interest4 7iii7 ,judicial review ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a determination by the ,secretary under clause 7iii74 7#d7 ,submission of biometric and biographic data ,the ,secretary may not cancel the removal of an alien or grant conditional permanent resident status to the alien under this ,act unless the alien submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 ,the ,secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical disability or impairment4 7#e7 ,background checks 7,a7 ,requirement for background checks ,the ,secretary shall utilize biometric1 biographic1 and other data that the ,secretary determines is appropriate1 including information obtained pursuant to subparagraph 7,c7-- 7i7 to conduct security and law enforcement background checks of an alien seeking relief under this subsection2 and 7ii7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for such relief4 7,b7 ,completion of background checks ,the security and law enforcement background checks required under subparagraph 7,a7 shall be completed1 to the satisfaction of the ,secretary1 before the date on which the ,secretary cancels the removal of the alien under this ,act4 7,c7 ,criminal record requests ,the ,secretary1 in cooperation with the ,secretary of ,state1 shall seek to obtain information about any criminal activity the alien engaged in1 or for which the alien was convicted in his or her country of nationality1 country of citizenship1 or country of last habitual residence1 from ,,interpol1 ,,europol1 or any other international or national law enforcement agency of the alien's country of nationality1 country of citizenship1 or country of last habitual residence4 7#f7 ,medical examination ,an alien applying for relief available under this subsection shall undergo a medical examination conducted by a designated civil surgeon pursuant to procedures established by the ,secretary4 7#g7 ,military selective service ,an alien applying for relief available under this subsection shall establish that the alien has registered for the ,selective ,service under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 ,app4 #dea et seq47 if the alien is subject to such registration requirement under such ,act4 7#h7 ,treatment of expunged convictions 7,a7 ,in general ,the ,secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether1 under the particular circumstances1 an alien may be eligible for-- 7i7 conditional permanent resident status under this ,act2 7ii7 removal of the conditional basis of the permanent resident status under section #e2 or 7iii7 adjustment to permanent resident status under this ,act4 7,b7 ,judicial review ,notwithstanding any other provision of law 7statutory or nonstatutory71 including section #bbda of title #bh1 ,united ,states ,code1 any other habeas corpus provision1 and sections #acfa and #afea of such title1 no court shall have jurisdiction to review a determination by the ,secretary under subparagraph 7,a74 7b7 ,termination of continuous period ,for purposes of this section1 any period of continuous residence or continuous physical presence in the ,united ,states of an alien who applies for cancellation of removal under subsection 7a7 shall not terminate when the alien is served a notice to appear under section #bci7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi7;a774 7c7 ,treatment of certain breaks in presence 7#a7 ,in general ,excepted as provided in paragraph 7#b71 an alien shall be considered to have failed to maintain continuous physical presence in the ,united ,states under subsection 7a77#a77;,a7 if the alien has departed from the ,united ,states for-- 7,a7 any period exceeding #ij days2 or 7,b7 any periods exceeding #ahj days1 in the aggregate1 during a #e-year period4 7#b7 ,extensions for exceptional circumstances ,the ,secretary may extend the periods described in paragraph 7#a7 by #ij days if the alien demonstrates that the failure to timely return to the ,united ,states was due to exceptional circumstances4 ,the exceptional circumstances determined sufficient to justify an extension should be not less compelling than the serious illness of the alien1 or the death or serious illness of the alien's parent1 grandparent1 sibling1 or child4 7#c7 ,exception for military service ,any time spent outside of the ,united ,states that is due to the alien's active service in the ,armed ,forces of the ,united ,states shall not be counted towards the time limits set forth in paragraph 7#a74 7d7 ,rulemaking 7#a7 ,initial publication ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall publish regulations implementing this section4 7#b7 ,interim regulations ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the regulations required under paragraph 7#a7 shall be effective1 on an interim basis1 immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment4 7#c7 ,final regulations ,within a reasonable time after publication of the interim regulations under paragraph 7#a71 the ,secretary shall publish final regulations implementing this section4 7e7 ,removal of alien ,the ,secretary may not seek to remove an alien who establishes prima facie eligibility for cancellation of removal and conditional permanent resident status under this ,act until the alien has been provided with a reasonable opportunity to file an application for conditional permanent resident status under this ,act4 #d4 ,conditional permanent resident status 7a7 ,initial length of status ,conditional permanent resident status granted to an alien under this ,act shall be valid-- 7#a7 for an initial period of #e years1 subject to termination under subsection 7c71 if applicable2 and 7#b7 if the alien will not attain #ah years of age before the end of the period described in paragraph 7#a71 until the alien reaches #ah years of age4 7b7 ,terms of conditional permanent resident status 7#a7 ,employment ,a conditional permanent resident may-- 7,a7 be employed in the ,united ,states incident to conditional permanent resident status under this ,act2 and 7,b7 enlist in the ,armed ,forces of the ,united ,states in accordance with section #ejd7;b77#a77;,d7 of title #aj1 ,united ,states ,code1 as added by section #ac4 7#b7 ,travel ,a conditional permanent resident may travel outside the ,united ,states and may be admitted 7if otherwise admissible7 upon returning to the ,united ,states without having to obtain a visa if-- 7,a7 the alien is the bearer of valid1 unexpired documentary evidence of conditional permanent resident status under this ,act2 and 7,b7 the alien's absence from the ,united ,states-- 7i7 was not for a period of #ahj days or longer1 or for multiple periods exceeding #ahj days in the aggregate2 or 7ii7 was due to active service in the ,armed ,forces of the ,united ,states4 7c7 ,termination of status 7#a7 ,in general ,the ,secretary shall immediately terminate the conditional permanent resident status under this ,act of any alien who-- 7,a7 is #ah years of age or older if the ,secretary determines that the alien is a postsecondary student who was admitted to an accredited institution of higher education in the ,united ,states1 but failed to enroll in such institution within #a year after the date on which the alien was granted conditional permanent resident status under this ,act or to remain so enrolled2 7,b7 is younger than #ah years of age if the ,secretary determines that the alien enrolled in a primary or secondary school as a full-time student1 but has failed to attend such school for a period exceeding #a year during the #e-year period beginning on the date on which the alien was granted conditional permanent resident status under this ,act2 7,c7 was granted conditional permanent resident status under this ,act as an enlistee and-- 7i7 failed to complete basic training and begin active duty service or service in ,selected ,ready ,reserve of the ,ready ,reserve of the ,armed ,forces of the ,united ,states within #a year after the date on which the alien was granted conditional permanent resident status under this ,act2 or 7ii7 has received a dishonorable or other than honorable discharge from the ,armed ,forces of the ,united ,states2 7,d7 was granted conditional permanent resident status under this ,act as a result of fraud or misrepresentation2 7,e7 ceases to meet a requirement under subparagraph 7,f71 7,g71 7,h71 or 7,i7 of section #c7;a77#a72 7,f7 violated a term or condition of his or her conditional resident status2 7,g7 has become a public charge2 7,h7 has not maintained employment in the ,united ,states for a period of at least #a year since the alien was granted conditional permanent resident status under this ,act and while the alien was not enrolled as a student in a postsecondary school or institution of higher education or serving in the ,armed ,forces of the ,united ,states2 or 7,i7 has not completed a combination of employment1 military service1 or postsecondary school totaling #dh months during the #e-year period beginning on the date on which the alien was granted conditional permanent resident status under this ,act4 7#b7 ,expedited removal for violating conditional permanent resident status ,any alien whose conditional permanent resident status is terminated pursuant to paragraph 7#a77;,e7 for failure to meet a requirement described in section #c7;a77#a77;,h77iv7 shall be subject to expedited removal4 7#c7 ,return to previous immigration status ,any alien whose conditional permanent resident status under this ,act is terminated under paragraph 7#a7 shall return to the immigration status the alien had immediately before receiving conditional permanent resident status under this ,act4 7d7 ,extension of conditional permanent resident status ,the ,secretary shall extend the conditional permanent resident status of an alien granted such status under this ,act for an additional #e years beyond the period specified in subsection 7a7 if the alien-- 7#a7 has demonstrated good moral character during the entire period the alien has been a conditional permanent resident under this ,act2 7#b7 is in compliance with section #c7;a77#a72 7#c7 has not abandoned the alien's residence in the ,united ,states by being absent from the ,united ,states for a period of #ahj days1 or multiple periods of at least #ahj days1 in the aggregate1 during the period of conditional permanent resident status under this ,act2 7#d7 does not have any delinquent tax liabilities2 7#e7 has not received any ,federal public benefit2 and 7#f7 while the alien has been a conditional permanent resident under this ,act-- 7,a7 has graduated from an accredited institution of higher education in the ,united ,states2 7,b7 has attended a postsecondary school for not less than #h semesters2 7,c7 7i7 has served as a member of a regular or reserve component of the ,armed ,forces of the ,united ,states in an active duty status for at least #c years2 and 7ii7 if discharged from such service1 received an honorable discharge2 or 7,d7 has attended a postsecondary school1 served in the ,armed ,forces of the ,united ,states1 or maintained employment in the ,united ,states for a cumulative total of not less than #dh months4 #e4 ,removal of conditional basis for permanent residence 7a7 ,in general ,an alien who has been a conditional permanent resident under this ,act for at least #aj years may file an application with the ,secretary1 in accordance with subsection 7c71 to remove the conditional basis on permanent residence and to have the alien's status adjusted to that of an alien lawfully admitted for permanent residence4 ,the application shall include the required fee and shall be filed in accordance with the procedures established by the ,secretary4 7b7 ,adjudication of application for adjustment of status 7#a7 ,adjustment of status if favorable determination ,if the ,secretary determines that an alien who filed an application under subsection 7a7 meets the requirements described in subsection 7d71 the ,secretary shall-- 7,a7 notify the alien of such determination2 and 7,b7 adjust the alien's status to that of an alien lawfully admitted for permanent residence4 7#b7 ,termination if adverse determination ,if the ,secretary determines that an alien who files an application under subsection 7a7 does not meet the requirements described in subsection 7d71 the ,secretary shall-- 7,a7 notify the alien of such determination2 and 7,b7 terminate the conditional permanent resident status of the alien4 7c7 ,time ,to file application 7#a7 ,in general ,applications for adjustment of status described in subsection 7a7 shall be filed during the period-- 7,a7 beginning #ahj days before the expiration of the #aj-year period of conditional permanent resident status under this ,act2 and 7,b7 ending-- 7i7 #aj years after the date on which conditional permanent resident status was initially granted to the alien under this ,act2 or 7ii7 after the conditional basis on such status has been removed4 7#b7 ,status during pendency ,an alien shall be deemed to be in conditional permanent resident status in the ,united ,states during the period in which an application filed by the alien under subsection 7a7 is pending4 7d7 ,contents of application 7#a7 ,in general ,each application filed by an alien under subsection 7a7 shall contain information to permit the ,secretary to determine whether the alien-- 7,a7 has been a conditional permanent resident under this ,act for at least #aj years2 7,b7 has demonstrated good moral character during the entire period the alien has been a conditional permanent resident under this ,act2 7,c7 is in compliance with section #c7;a77#a72 and 7,d7 has not abandoned the alien's residence in the ,united ,states4 7#b7 ,presumptions ,for purposes of paragraph 7#a7-- 7,a7 the ,secretary shall presume that an alien has abandoned the alien's residence in the ,united ,states if the alien is absent from the ,united ,states for more than #cfe days1 in the aggregate1 during the period of conditional permanent resident status under this ,act1 unless the alien demonstrates that the alien has not abandoned the alien's residence2 and 7,b7 an alien who is absent from the ,united ,states due to active service in the ,armed ,forces of the ,united ,states has not abandoned the alien's residence in the ,united ,states during the period of such service4 7e7 ,citizenship requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien granted conditional permanent resident status under this ,act may not have the conditional basis for permanent residency removed or be adjusted to permanent resident status unless the alien demonstrates to the satisfaction of the ,secretary that the alien satisfies the requirements under section #cab7;a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7;a77#a774 7#b7 ,exception ,paragraph 7#a7 shall not apply to an alien who the ,secretary determines is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph4 ,the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services and the ,surgeon ,general1 shall establish procedures for making determinations under this subsection4 7f7 ,payment of ,federal taxes ,not later than the date on which an application is filed under subsection 7a7 for adjustment of status1 the alien shall satisfy any applicable ,federal tax liability due and owing on such date4 7g7 ,submission of biometric and biographic data ,the ,secretary may not adjust the status of an alien under this section unless the alien submits biometric and biographic data1 in accordance with procedures established by the ,secretary4 ,the ,secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical disability or impairment4 7h7 ,background checks 7#a7 ,requirement for background checks ,the ,secretary shall utilize biometric1 biographic1 and other data that the ,secretary determines appropriate-- 7,a7 to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section2 and 7,b7 to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for such adjustment of status4 7#b7 ,completion of background checks ,the security and law enforcement background checks required under paragraph 7#a7 shall be completed with respect to an alien1 to the satisfaction of the ,secretary1 before the date on which the ,secretary grants adjustment of status to such alien4 7i7 ,exemption from numerical limitations ,nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this section4 7j7 ,treatment of aliens meeting requirements for extension of conditional permanent resident status ,if an alien has satisfied all of the requirements under section #c7;a77#a7 as of the date of the enactment of this ,act1 the ,secretary may cancel the removal of the alien and permit the alien to apply for conditional permanent resident status under this ,act4 ,after the initial period of conditional permanent resident status described in section #d7;a71 the ,secretary shall extend such alien's conditional permanent resident status and permit the alien to apply for adjustment of status in accordance with subsection 7a7 if the alien has met the requirements under section #d7;d7 during the entire period of conditional permanent resident status under this ,act4 #f4 ,limitation on parole authority ,section #bab7;d77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;d77#e77 is amended-- 7a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7b7 by adding at the end the following3 7,c7 7i7 ,the ,secretary of ,homeland ,security may not use the authority under subparagraph 7,a7 to parole generalized categories of aliens or classes of aliens based solely on-- 7,i7 nationality2 7,,ii7 presence or residence in the ,united ,states2 7,,iii7 family relationships2 or 7,,iv7 any other criteria that would cover a broad group of foreign nationals1 whether inside or outside of the ,united ,states4 7ii7 7,i7 ,in this clause1 the term advance parole means advance approval for an alien applying for admission to the ,united ,states to request at a port of entry in the ,united ,states1 a preinspection station1 or a designated field office of the ,department of ,homeland ,security1 to be paroled into the ,united ,states under subparagraph 7,a74 7,,ii7 ,the ,secretary of ,homeland ,security1 in the ,secretary's discretion1 may grant an application for advance parole4 ,approval of an application for advance parole shall not constitute a grant of parole under subparagraph 7,a74 ,a grant of parole into the ,united ,states based on an approved application for advance parole shall not be considered parole for purposes of qualifying for adjustment of status to lawful permanent resident status in the ,united ,states under section #bde or #bde;,a4 7,,iii7 ,the ,secretary1 in the ,secretary's discretion1 may revoke a grant of advance parole to an alien at any time4 ,such revocation shall not be subject to administrative appeal or judicial review4 4 #g4 ,failure to comply with status requirements2 visa overstays 7a7 ,visa waiver program waiver of rights ,section #bag7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahg7;b77 is amended to read as follows3 7b7 ,waiver of rights ,an alien may not be provided a waiver under the program unless the alien-- 7#a7 has signed1 under penalty of perjury1 an acknowledgment confirming that the alien has been notified and understands that he or she will be ineligible for any right to relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi 7other than relief from removal under section #bda7;b77#c77 and any relief not in effect at the time such acknowledgment is signed1 if the alien fails to depart from the ,united ,states at the end of the #ij-;day period for admission2 7#b7 has waived any right to review or appeal under this ,act of an immigration officer's determination regarding the admissibility of the alien at a port of entry into the ,united ,states2 and 7#c7 has waived any right to contest1 other than on the basis of an application for asylum1 any action for removal of the alien4 4 7b7 ,issuance of nonimmigrant visas ,section #bba7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;a77 is amended by adding at the end the following3 7#c7 ,the ,secretary of ,state shall ensure that every application for a nonimmigrant visa includes an acknowledgment confirming that the alien-- 7,a7 has been notified of the terms and conditions of the nonimmigrant visa1 including the waiver of rights under subsection 7j72 and 7,b7 understands that he or she will be ineligible for any right to relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi1 any relief not in effect at the time such acknowledgment is signed1 and from contesting removal1 if the alien violates any term or condition of his or her nonimmigrant visa4 4 7c7 ,bars to immigration relief ,section #bba of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7 is amended by adding at the end the following3 7j7 ,waiver of rights ,the ,secretary of ,state may not issue a nonimmigrant visa under section #bad to an alien 7other than an alien who qualifies for a visa under subparagraph 7,a7 or 7,g7 of such section #aja7;a77#ae71 is a ,,vawa self-petitioner1 or qualifies for a visa under the ,north ,atlantic ,treaty1 signed at ,washington ,april #d1 #aidi7 until the alien has waived any right to relief under sections #bdj;,b1 #bde1 #bdh1 and #bdi 7other than relief from removal under section #bda7;b77#c771 any form of relief established after the date on which the nonimmigrant visa is issued1 and from contesting removal if the alien-- 7#a7 violates a term or condition of his or her nonimmigrant status2 or 7#b7 fails to depart the ,united ,states at the end of the alien's authorized period of stay4 4 #h4 ,benefits for relatives of aliens granted conditional permanent resident status ,notwithstanding any other provision of law1 nothing in this ,act may be construed to provide a spouse1 parent1 child1 or other family member of an alien granted conditional permanent resident status or lawful permanent resident status under this ,act with any immigration benefit or special consideration for such relatives to be admitted into or remain in the ,united ,states4 #i4 ,exclusive jurisdiction 7a7 ,secretary of ,homeland ,security ,except as provided in subsection 7b71 the ,secretary shall have exclusive jurisdiction to determine eligibility for relief under this ,act4 ,if a final order of deportation1 exclusion1 or removal is entered1 the ,secretary shall resume all powers and duties delegated to the ,secretary under this ,act4 ,if a final order is entered before relief is granted under this ,act1 the ,attorney ,general shall terminate such order only after the alien has been granted conditional permanent resident status under this ,act4 7b7 ,attorney ,general ,the ,attorney ,general shall have exclusive jurisdiction to determine eligibility for relief under this ,act for any alien who has been placed into deportation1 exclusion1 or removal proceedings1 whether such placement occurred before or after the alien filed an application for cancellation of removal and conditional permanent resident status or adjustment of status under this ,act4 ,such exclusive jurisdiction shall continue until such proceedings are terminated4 #aj4 ,confidentiality of information 7a7 ,prohibition ,except as provided in subsection 7b71 an officer or employee of the ,united ,states may not-- 7#a7 use the information provided by an individual pursuant to an application filed under this ,act to initiate removal proceedings against any person identified in the application2 7#b7 make any publication whereby the information provided by any particular individual pursuant to an application under this ,act can be identified2 or 7#c7 permit anyone other than an officer or employee of the ,united ,states ,government to examine such application filed under this ,act4 7b7 ,required disclosure ,the ,attorney ,general or the ,secretary shall disclose the information provided by an individual under this ,act and any other information derived from such information to-- 7#a7 a ,federal1 ,state1 tribal1 or local law enforcement agency1 intelligence agency1 national security agency1 component of the ,department of ,homeland ,security1 court1 or grand jury in connection with a criminal investigation or prosecution1 a background check conducted pursuant to the ,brady ,handgun ,violence ,protection ,act 7,public ,law #ajc-aei2 #ajg ,stat4 #aecf7 or an amendment made by that ,act1 or for homeland security or national security purposes1 if such information is requested by such entity or consistent with an information sharing agreement or mechanism2 or 7#b7 an official coroner for purposes of affirmatively identifying a deceased individual 7whether or not such individual is deceased as a result of a crime74 7c7 ,fraud in application process or criminal conduct ,nothing in this section may be construed to prevent the disclosure and use of information provided by an alien under this ,act to determine whether an alien seeking relief under this ,act has engaged in fraud in an application for such relief or at any time committed a crime from being used or released for immigration enforcement1 law enforcement1 or national security purposes4 7d7 ,penalty ,any person who knowingly uses1 publishes1 or permits information to be examined in violation of this section shall be fined not more than #aj1jjj4 #aa4 ,restriction on welfare benefits for conditional permanent residents ,for purposes of the #e-year eligibility waiting period under section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac71 an individual who has met the requirements under section #e for adjustment from conditional permanent resident status to lawful permanent resident status shall be considered1 as of the date of such adjustment1 to have completed the #e-year period specified in such section4 #ab4 ,,gao report ,not later than #g years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that sets forth-- 7#a7 the number of aliens who were eligible for cancellation of removal and grant of conditional permanent resident status under section #c7;a72 7#b7 the number of aliens who applied for cancellation of removal and grant of conditional permanent resident status under section #c7;a72 7#c7 the number of aliens who were granted conditional permanent resident status under section #c7;a72 and 7#d7 the number of aliens whose status was adjusted to that of an alien lawfully admitted for permanent residence pursuant to section #e4 #ac4 ,military enlistment ,section #ejd7;b77#a7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,an alien who is a conditional permanent resident 7as defined in section #b of the ,,succeed ,act74 4 #ad4 ,eligibility for naturalization ,notwithstanding sections #cai7;b71 #cbh1 and #cbi of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adcj7;b71 #adci1 and #addj71 an alien whose status is adjusted under section #e to that of an alien lawfully admitted for permanent residence may apply for naturalization under chapter #b of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #caj et seq47 not earlier than #e years after such adjustment of status4