,,ib ,union ,calendar ,no4 #gb #aafth ,,congress #ast ,session ,h4 ,r4 #bhba ,report ,no4 #aaf-ig ,,in ,,the ,,house ,,of ,,representatives ,may #ag1 #bjai ,ms4 ,velzquez 7for herself and ,ms4 ,clarke of ,new ,york7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,may #cj1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,may #ag1 #bjai ,a ,,bill ,to authorize the cancellation of removal and adjustment of status of certain nationals of certain countries designated for temporary protected status or deferred enforced departure1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,promise ,act of #bjai4 ,i ,treatment of certain nationals of certain countries designated for temporary protected status or deferred enforced departure #aja4 ,adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure 7a7 ,in general ,notwithstanding any other provision of law1 the ,secretary or the ,attorney ,general shall cancel the removal of1 and adjust to the status of an alien lawfully admitted for permanent residence1 an alien described in subsection 7b7 if the alien-- 7#a7 applies for such adjustment1 including submitting any required documents under section #bjg1 not later than #c years after the date of the enactment of this ,act2 7#b7 has been continuously physically present in the ,united ,states for a period of not less than #c years before the date of the enactment of this ,act2 and 7#c7 is not inadmissible under paragraph 7#a71 7#b71 7#c71 7#f77;,d71 7#f77;,e71 7#f77;,f71 7#f77;,g71 7#h71 or 7#aj7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7b7 ,aliens eligible for adjustment of status ,an alien shall be eligible for adjustment of status under this section if the alien is an individual-- 7#a7 who-- 7,a7 is a national of a foreign state 7or part thereof7 7or in the case of an alien having no nationality1 is a person who last habitually resided in such state7 with a designation under subsection 7b7 of section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7b77 on ,january #a1 #bjag1 who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections 7c77#a77;,a77iv7 and 7c77#c77;,c7 of such section2 and 7,b7 has not engaged in conduct since such date that would render the alien ineligible for temporary protected status under section #bdd7;c77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abde;a7c77#b772 or 7#b7 who was eligible for ,deferred ,enforced ,departure as of ,january #a1 #bjag1 and has not engaged in conduct since that date that would render the alien ineligible for ,deferred ,enforced ,departure4 7c7 ,application 7#a7 ,fee ,the ,secretary shall1 subject to an exemption under section #bjc7;c71 require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application1 but does not exceed #a1adj4 7#b7 ,background checks ,the ,secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section #bjb are satisfied4 7#c7 ,withdrawal of application ,the ,secretary of ,homeland ,security shall1 upon receipt of a request to withdraw an application for adjustment of status under this section1 cease processing of the application and close the case4 ,withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this ,act or under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq74 ,,ii ,general ,provisions #bja4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this ,act that is used in the immigration laws shall have the meaning given such term in the immigration laws4 7#b7 ,disability ,the term disability has the meaning given such term in section #c7a7 of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb7a774 7#c7 ,federal poverty line ,the term ,federal poverty line has the meaning given such term in section #bac;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahc;a74 7#d7 ,immigration laws ,the term immigration laws has the meaning given such term in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag774 7#e7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,uniformed services ,the term ,uniformed ,services has the meaning given the term uniformed services in section #aja7;a7 of title #aj1 ,united ,states ,code4 7b7 ,treatment of expunged convictions ,for purposes of adjustment of status under this ,act1 the terms convicted and conviction1 as used in sections #bab and #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb1 #abed;a71 do not include a judgment that has been expunged or set aside1 that resulted in a rehabilitative disposition1 or the equivalent4 #bjb4 ,submission of biometric and biographic data2 background checks 7a7 ,submission of biometric and biographic data ,the ,secretary may not grant an alien adjustment of status 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 aliens who are unable to provide such biometric or biographic data because of a physical impairment4 7b7 ,background checks ,the ,secretary shall use biometric1 biographic1 and other data that the ,secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal1 national security1 or other factor that would render the alien ineligible for adjustment of status under this ,act4 ,the status of an alien may not be adjusted unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 #bjc4 ,limitation on removal2 application and fee exemption2 waiver of grounds for inadmissibility and other conditions on eligible individuals 7a7 ,limitation on removal ,an alien who appears to be prima facie eligible for relief under this ,act shall be given a reasonable opportunity to apply for such relief and may not be removed until1 subject to section #bjf7;c71 a final decision establishing ineligibility for relief is rendered4 7b7 ,application ,an alien present in the ,united ,states who has been ordered removed or has been permitted to depart voluntarily from the ,united ,states may1 notwithstanding such order or permission to depart1 apply for adjustment of status under this ,act4 ,such alien shall not be required to file a separate motion to reopen1 reconsider1 or vacate the order of removal4 ,if the ,secretary approves the application1 the ,secretary shall cancel the order of removal4 ,if the ,secretary renders a final administrative decision to deny the application1 the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made1 only after all available administrative and judicial remedies have been exhausted4 7c7 ,fee exemption ,an applicant may be exempted from paying an application fee required under this ,act if the applicant-- 7#a7 is younger than #ah years of age2 7#b7 received total income1 during the #ab-month period immediately preceding the date on which the applicant files an application under this ,act1 that is less than #aej percent of the ,federal poverty line2 7#c7 is in foster care or otherwise lacks any parental or other familial support2 or 7#d7 cannot care for himself or herself because of a serious1 chronic disability4 7d7 ,waiver of grounds of inadmissibility 7#a7 ,in general ,except as provided in paragraph 7#b71 with respect to any benefit under this ,act1 and in addition to any waivers that are otherwise available1 the ,secretary may waive the grounds of inadmissibility under paragraph 7#a71 subparagraphs 7,a71 7,c71 and 7,d7 of paragraph 7#b71 subparagraphs 7,d7 through 7,g7 of paragraph 7#f71 or paragraph 7#aj77;,d7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 for humanitarian purposes1 for family unity1 or because the waiver is otherwise in the public interest4 7#b7 ,exception ,the ,secretary may not waive a ground described in paragraph 7#a7 if such inadmissibility is based on a conviction or convictions1 and such conviction or convictions would otherwise render the alien ineligible under section #bdd7;c77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7c77#b77;,b774 7e7 ,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 application1 the alien shall be eligible to apply for advance parole4 ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien granted advance parole under this section4 7f7 ,employment ,an alien whose removal is stayed pursuant to this ,act1 or who has pending an application under this ,act1 shall1 upon application to the ,secretary1 be granted an employment authorization document4 #bjd4 ,determination of continuous presence 7a7 ,effect of notice to appear ,any period of continuous physical presence in the ,united ,states of an alien who applies for adjustment of status under this ,act 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 7b7 ,treatment of certain breaks in presence 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an alien shall be considered to have failed to maintain continuous physical presence in the ,united ,states under this ,act if the alien has departed from the ,united ,states for any period exceeding #ij days or for any periods1 in the aggregate1 exceeding #ahj days4 7#b7 ,extensions for extenuating circumstances ,the ,secretary may extend the time periods described in paragraph 7#a7 for an alien who demonstrates that the failure to timely return to the ,united ,states was due to extenuating circumstances beyond the alien's control1 including the serious illness of the alien1 or death or serious illness of a parent1 grandparent1 sibling1 or child of the alien4 7#c7 ,travel authorized by the ,secretary ,any period of travel outside of the ,united ,states by an alien that was authorized by the ,secretary may not be counted toward any period of departure from the ,united ,states under paragraph 7#a74 7c7 ,waiver of physical presence ,with respect to aliens who were removed or departed the ,united ,states on or after ,january #bj1 #bjag1 and who were continuously physically present in the ,united ,states for at least #c years prior to such removal or departure1 the ,secretary may1 as a matter of discretion1 waive the physical presence requirement under section #aja7;a77#b7 for humanitarian purposes1 for family unity1 or because a waiver is otherwise in the public interest4 ,the ,secretary1 in consultation with the ,secretary of ,state1 shall establish a procedure for such aliens to apply for relief under section #aja from outside the ,united ,states if they would have been eligible for relief under such section1 but for their removal or departure4 #bje4 ,exemption from numerical limitations ,nothing in this ,act or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this ,act4 #bjf4 ,availability of administrative and judicial review 7a7 ,administrative review ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary shall provide to aliens who have applied for adjustment of status under this ,act a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status1 or a revocation of such status4 7b7 ,judicial review ,notwithstanding any other provision of law1 an alien may seek judicial review of a denial of an application for adjustment of status1 or a revocation of such status1 under this ,act in the ,united ,states district court with jurisdiction over the alien's residence4 7c7 ,stay of removal 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien seeking administrative or judicial review under this ,act may not be removed from the ,united ,states until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this ,act4 7#b7 ,exception ,the ,secretary may remove an alien described in paragraph 7#a7 pending judicial review if such removal is based on criminal or national security grounds4 ,such removal does not affect the alien's right to judicial review under this ,act4 ,the ,secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this ,act1 or to revoke such status1 is reversed4 #bjg4 ,documentation requirements 7a7 ,documents establishing identity ,an alien's application for permanent resident status under this ,act may include1 as evidence of identity1 the following3 7#a7 ,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 fingerprint4 7#b7 ,the alien's birth certificate and an identity card that includes the alien's name and photograph4 7#c7 ,a school identification card that includes the alien's name and photograph1 and school records showing the alien's name and that the alien is or was enrolled at the school4 7#d7 ,a ,uniformed ,services identification card issued by the ,department of ,defense4 7#e7 ,any immigration or other document issued by the ,united ,states ,government bearing the alien's name and photograph4 7#f7 ,a ,state-issued identification card bearing the alien's name and photograph4 7#g7 ,any other evidence determined to be credible by the ,secretary4 7b7 ,documents establishing continuous physical presence ,an alien's application for permanent resident status under this ,act may include1 as evidence that the alien has been continuously physically present in the ,united ,states1 as required under section #aja7;a77#b71 the following3 7#a7 ,passport entries1 including admission stamps on the alien's passport4 7#b7 ,any document from the ,department of ,justice or the ,department of ,homeland ,security noting the alien's date of entry into the ,united ,states4 7#c7 ,records from any educational institution the alien has attended in the ,united ,states4 7#d7 ,employment records of the alien that include the employer's name and contact information4 7#e7 ,records of service from the ,uniformed ,services4 7#f7 ,official records from a religious entity confirming the alien's participation in a religious ceremony4 7#g7 ,a birth certificate for a child who was born in the ,united ,states4 7#h7 ,hospital or medical records showing medical treatment or hospitalization1 the name of the medical facility or physician1 and the date of the treatment or hospitalization4 7#i7 ,automobile license receipts or registration4 7#aj7 ,deeds1 mortgages1 or rental agreement contracts4 7#aa7 ,rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien1 and the alien's address4 7#ab7 ,tax receipts2 7#ac7 ,insurance policies4 7#ad7 ,remittance records1 including copies of money order receipts sent in or out of the country4 7#ae7 ,travel records4 7#af7 ,dated bank transactions4 7#ag7 ,two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the ,united ,states1 that contain-- 7,a7 the name1 address1 and telephone number of the affiant2 and 7,b7 the nature and duration of the relationship between the affiant and the alien4 7#ah7 ,any other evidence determined to be credible by the ,secretary4 7c7 ,documents establishing exemption from application fees ,an alien's application for permanent resident status under this ,act may include1 as evidence that the alien is exempt from an application fee under section #bjc7;c71 the following3 7#a7 ,documents to establish age ,to establish that an alien meets an age requirement1 the alien may provide proof of identity1 as described in subsection 7a71 that establishes that the alien is younger than #ah years of age4 7#b7 ,documents to establish income ,to establish the alien's income1 the alien may provide-- 7,a7 employment records or other records of earned income1 including records that have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 or any other ,federal1 ,state1 or local government agency2 7,b7 bank records2 or 7,c7 at least #b sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain-- 7i7 the name1 address1 and telephone number of the affiant2 and 7ii7 the nature and duration of the relationship between the affiant and the alien4 7#c7 ,documents to establish foster care1 lack of familial support1 or serious1 chronic disability ,to establish that the alien is in foster care1 lacks parental or familial support1 or has a serious1 chronic disability1 the alien may provide at least #b sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- 7,a7 a statement that the alien is in foster care1 otherwise lacks any parental or other familiar support1 or has a serious1 chronic disability1 as appropriate2 7,b7 the name1 address1 and telephone number of the affiant2 and 7,c7 the nature and duration of the relationship between the affiant and the alien4 7d7 ,authority to prohibit use of certain documents ,if the ,secretary determines1 after publication in the ,federal ,register and an opportunity for public comment1 that any document or class of documents does not reliably establish identity or that permanent resident status under this ,act is being obtained fraudulently to an unacceptable degree1 the ,secretary may prohibit or restrict the use of such document or class of documents4 #bjh4 ,rule making 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall publish in the ,federal ,register interim final rules implementing this ,act1 which shall allow eligible individuals to immediately apply for relief under section #aja4 ,notwithstanding section #eec of title #e1 ,united ,states ,code1 the regulation shall be effective1 on an interim basis1 immediately upon publication1 but may be subject to change and revision after public notice and opportunity for a period of public comment4 ,the ,secretary shall finalize such rules not later than #ahj days after the date of publication4 7b7 ,paperwork ,reduction ,act ,the requirements under chapter #ce of title #dd1 ,united ,states ,code1 7commonly known as the ,paperwork ,reduction ,act7 shall not apply to any action to implement this ,act4 #bji4 ,confidentiality of information 7a7 ,in general ,the ,secretary may not disclose or use information provided in applications filed under this ,act 7including information provided during administrative or judicial review7 for the purpose of immigration enforcement4 7b7 ,referrals prohibited ,the ,secretary1 based solely on information provided in an application for adjustment of status under this ,act 7including information provided during administrative or judicial review71 may not refer an applicant to ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or any designee of either such entity 4 7c7 ,limited exception ,notwithstanding subsections 7a7 and 7b71 information provided in an application for adjustment of status under this ,act may be shared with ,federal security and law enforcement agencies-- 7#a7 for assistance in the consideration of an application for adjustment of status under this ,act2 7#b7 to identify or prevent fraudulent claims2 7#c7 for national security purposes2 or 7#d7 for the investigation or prosecution of any felony not related to immigration status4 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 #baj4 ,grant program to assist eligible applicants 7a7 ,establishment ,the ,secretary of ,homeland ,security shall establish1 within ,u4,s4 ,citizenship and ,immigration ,services1 a program to award grants1 on a competitive basis1 to eligible nonprofit organizations that will use the funding to assist eligible applicants under this ,act by providing them with the services described in subsection 7b74 7b7 ,use of funds ,grant funds awarded under this section shall be used for the design and implementation of programs that provide-- 7#a7 information to the public regarding the eligibility and benefits of permanent resident status under this ,act1 particularly to individuals potentially eligible for such status2 7#b7 assistance1 within the scope of authorized practice of immigration law1 to individuals submitting applications for adjustment of status under this ,act1 including-- 7,a7 screening prospective applicants to assess their eligibility for such status2 7,b7 completing applications and petitions1 including providing assistance in obtaining the requisite documents and supporting evidence2 and 7,c7 providing any other assistance that the ,secretary or grantee considers useful or necessary to apply for adjustment of status under this ,act2 and 7#c7 assistance1 within the scope of authorized practice of immigration law1 and instruction1 to individuals-- 7,a7 on the rights and responsibilities of ,united ,states citizenship2 7,b7 in civics and ,english as a second language2 7,c7 in preparation for the ,general ,education ,development test2 and 7,d7 in applying for adjustment of status and ,united ,states citizenship4 7c7 ,authorization of appropriations 7#a7 ,amounts authorized ,there are authorized to be appropriated such sums as may be necessary for each of the fiscal years #bjbj through #bjcj to carry out this section4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available until expended4 #baa4 ,provisions affecting eligibility for adjustment of status ,an alien's eligibility to be lawfully admitted for permanent residence under this ,act shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible4 ,may #cj1 #bjai ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed