,,ii ,calendar ,no4 #aab #aafth ,,congress #ast ,session ,h4 ,r4 #f ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjai,received2 read the first time ,june #aj1 #bjai,read the second time and placed on the calendar ,,an ,,act ,to authorize the cancellation of removal and adjustment of status of certain aliens1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,dream and ,promise ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,dream ,act ,sec4 #aja4 ,short title4 ,subtitle ,a--,treatment of certain long-term residents who entered the ,united ,states as children ,sec4 #aaa4 ,permanent resident status on a conditional basis for certain long-term residents who entered the ,united ,states as children4 ,sec4 #aab4 ,terms of permanent resident status on a conditional basis4 ,sec4 #aac4 ,removal of conditional basis of permanent resident status4 ,subtitle ,b--,general ,provisions ,sec4 #aba4 ,definitions4 ,sec4 #abb4 ,submission of biometric and biographic data2 background checks4 ,sec4 #abc4 ,limitation on removal2 application and fee exemption2 waiver of grounds for inadmissibility and other conditions on eligible individuals4 ,sec4 #abd4 ,determination of continuous presence and residence4 ,sec4 #abe4 ,exemption from numerical limitations4 ,sec4 #abf4 ,availability of administrative and judicial review4 ,sec4 #abg4 ,documentation requirements4 ,sec4 #abh4 ,rule making4 ,sec4 #abi4 ,confidentiality of information4 ,sec4 #acj4 ,grant program to assist eligible applicants4 ,sec4 #aca4 ,provisions affecting eligibility for adjustment of status4 ,sec4 #acb4 ,supplementary surcharge for appointed counsel4 ,sec4 #acc4 ,annual report on provisional denial authority4 ,title ,,ii--,american ,promise ,act ,sec4 #bja4 ,short title4 ,subtitle ,a--,treatment of certain nationals of certain countries designated for temporary protected status or deferred enforced departure ,sec4 #baa4 ,adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure4 ,subtitle ,b--,general ,provisions ,sec4 #bba4 ,definitions4 ,sec4 #bbb4 ,submission of biometric and biographic data2 background checks4 ,sec4 #bbc4 ,limitation on removal2 application and fee exemption2 waiver of grounds for inadmissibility and other conditions on eligible individuals4 ,sec4 #bbd4 ,determination of continuous presence4 ,sec4 #bbe4 ,exemption from numerical limitations4 ,sec4 #bbf4 ,availability of administrative and judicial review4 ,sec4 #bbg4 ,documentation requirements4 ,sec4 #bbh4 ,rule making4 ,sec4 #bbi4 ,confidentiality of information4 ,sec4 #bcj4 ,grant program to assist eligible applicants4 ,sec4 #bca4 ,provisions affecting eligibility for adjustment of status4 ,i ,dream ,act #aja4 ,short title ,this title may be cited as the ,dream ,act of #bjai4 ,a ,treatment of certain long-term residents who entered the ,united ,states as children #aaa4 ,permanent resident status on a conditional basis for certain long-term residents who entered the ,united ,states as children 7a7 ,conditional basis for status ,notwithstanding any other provision of law1 and except as provided in section #aac7;c77#b71 an alien shall be considered1 at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section1 to have obtained such status on a conditional basis subject to the provisions of this title4 7b7 ,requirements 7#a7 ,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 residence on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b71 an alien who is inadmissible or deportable from the ,united ,states 7or is under a grant of ,deferred ,enforced ,departure or has temporary protected status under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a77 if-- 7,a7 the alien has been continuously physically present in the ,united ,states since the date that is #d years before the date of the enactment of this ,act2 7,b7 the alien was younger than #ah years of age on the date on which the alien entered the ,united ,states and has continuously resided in the ,united ,states since such entry2 7,c7 the alien-- 7i7 subject to section #abc7;d71 is not inadmissible under paragraph 7#a71 7#f77;,e71 7#f77;,g71 7#h71 or 7#aj7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 7ii7 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 7iii7 is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection 7c71 subject to the provisions of such subsection2 and 7,d7 the alien-- 7i7 has been admitted to an institution of higher education2 7ii7 has been admitted to an area career and technical education school at the postsecondary level2 7iii7 in the ,united ,states1 has obtained-- 7,i7 a high school diploma or a commensurate alternative award from a public or private high school2 7,,ii7 a ,general ,education ,development credential1 a high school equivalency diploma recognized under ,state law1 or another similar ,state-authorized credential2 7,,iii7 a credential or certificate from an area career and technical education school at the secondary level2 or 7,,iv7 a recognized postsecondary credential2 or 7iv7 is enrolled in secondary school or in an education program assisting students in-- 7,i7 obtaining a high school diploma or its recognized equivalent under ,state law2 7,,ii7 passing the ,general ,education ,development test1 a high school equivalence diploma examination1 or other similar ,state-authorized exam2 7,,iii7 obtaining a certificate or credential from an area career and technical education school providing education at the secondary level2 or 7,,iv7 obtaining a recognized postsecondary credential4 7#b7 ,application fee 7,a7 ,in general ,the ,secretary may1 subject to an exemption under section #abc7;c71 require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed #die4jj4 7,b7 ,special procedure for applicants with ,,daca ,the ,secretary shall establish a streamlined procedure for aliens who have been granted ,,daca and who meet the requirements for renewal 7under the terms of the program in effect on ,january #a1 #bjag7 to apply for cancellation of removal and adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section1 or without the conditional basis as provided in section #aac7;c77#b74 ,such procedure shall not include a requirement that the applicant pay a fee1 except that the ,secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section #aac7;c77#b7 to pay a fee that is commensurate with the cost of processing the application1 subject to the exemption under section #abc7;c74 7#c7 ,background checks ,the ,secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section #abb are satisfied4 7#d7 ,military selective service ,an alien applying for permanent resident status on a conditional basis under this section1 or without the conditional basis as provided in section #aac7;c77#b71 shall establish that the alien has registered under the ,military ,selective ,service ,act 7#ej ,u4,s4,c4 #chja et seq471 if the alien is subject to registration under such ,act4 7c7 ,criminal and national security bars 7#a7 ,grounds of ineligibility ,except as provided in paragraph 7#b71 an alien is ineligible for adjustment of status under this title 7whether on a conditional basis or without the conditional basis as provided in section #aac7;c77#b77 if any of the following apply3 7,a7 ,the alien is inadmissible under paragraph 7#b7 or 7#c7 of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a774 7,b7 ,excluding any offense under ,state law for which an essential element is the alien's immigration status1 and any minor traffic offense1 the alien has been convicted of-- 7i7 any felony offense2 7ii7 three or more misdemeanor offenses 7excluding simple possession of cannabis or cannabis-related paraphernalia1 any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the ,state in which the conviction was entered1 and any offense involving civil disobedience without violence7 not occurring on the same date1 and not arising out of the same act1 omission1 or scheme of misconduct2 or 7iii7 a misdemeanor offense of domestic violence1 unless the alien demonstrates that such crime is related to the alien having been-- 7,i7 a victim of domestic violence1 sexual assault1 stalking1 child abuse or neglect1 abuse or neglect in later life1 or human trafficking2 7,,ii7 battered or subjected to extreme cruelty2 or 7,,iii7 a victim of criminal activity described in section #aja7;a77#ae77,u77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77,u77iii774 7#b7 ,waivers for certain misdemeanors ,for humanitarian purposes1 family unity1 or if otherwise in the public interest1 the ,secretary may-- 7,a7 waive the grounds of inadmissibility under subparagraphs 7,a71 7,c71 and 7,d7 of section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b771 unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph 7#a77;,b7 7subject to subparagraph 7,b772 and 7,b7 for purposes of clauses 7ii7 and 7iii7 of paragraph 7#a77;,b71 waive consideration of-- 7i7 one misdemeanor offense if the alien has not been convicted of any offense in the #e-year period preceding the date on which the alien applies for adjustment of status under this title2 or 7ii7 up to two misdemeanor offenses if the alien has not been convicted of any offense in the #aj-year period preceding the date on which the alien applies for adjustment of status under this title4 7#c7 ,authority to conduct secondary review 7,a7 ,in general ,notwithstanding an alien's eligibility for adjustment of status under this title1 and subject to the procedures described in this paragraph1 the ,secretary of ,homeland ,security may1 as a matter of non-delegable discretion1 provisionally deny an application for adjustment of status 7whether on a conditional basis or without the conditional basis as provided in section #aac7;c77#b77 if the ,secretary1 based on clear and convincing evidence1 which shall include credible law enforcement information1 determines that the alien is described in subparagraph 7,b7 or 7,d74 7,b7 ,public safety ,an alien is described in this subparagraph if-- 7i7 excluding simple possession of cannabis or cannabis-related paraphernalia1 any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the ,state in which the conviction was entered1 any offense under ,state law for which an essential element is the alien's immigration status1 any offense involving civil disobedience without violence1 and any minor traffic offense1 the alien-- 7,i7 has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than #cj days2 or 7,,ii7 has been adjudicated delinquent in a ,state or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility2 and 7ii7 the alien poses a significant and continuing threat to public safety related to such conviction or adjudication4 7,c7 ,public safety determination ,for purposes of subparagraph 7,b77ii71 the ,secretary shall consider the recency of the conviction or adjudication2 the length of any imposed sentence or placement2 the nature and seriousness of the conviction or adjudication1 including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury2 and any mitigating factors pertaining to the alien's role in the commission of the offense4 7,d7 ,gang participation ,an alien is described in this subparagraph if the alien has1 within the #e years immediately preceding the date of the application1 knowingly1 willfully1 and voluntarily participated in offenses committed by a criminal street gang 7as described in subsections 7a7 and 7c7 of section #eba of title #ah1 ,united ,states ,code7 with the intent to promote or further the commission of such offenses4 7,e7 ,evidentiary limitation ,for purposes of subparagraph 7,d71 allegations of gang membership obtained from a ,state or ,federal in-house or local database1 or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies1 shall not establish the participation described in such paragraph4 7,f7 ,notice 7i7 ,in general ,prior to rendering a discretionary decision under this paragraph1 the ,secretary of ,homeland ,security shall provide written notice of the intent to provisionally deny the application to the alien 7or the alien's counsel of record1 if any7 by certified mail and1 if an electronic mail address is provided1 by electronic mail 7or other form of electronic communication74 ,such notice shall-- 7,i7 articulate with specificity all grounds for the preliminary determination1 including the evidence relied upon to support the determination2 and 7,,ii7 provide the alien with not less than #ij days to respond4 7ii7 ,second notice ,not more than #cj days after the issuance of the notice under clause 7i71 the ,secretary of ,homeland ,security shall provide a second written notice that meets the requirements of such clause4 7iii7 ,notice not received ,notwithstanding any other provision of law1 if an applicant provides good cause for not contesting a provisional denial under this paragraph1 including a failure to receive notice as required under this subparagraph1 the ,secretary of ,homeland ,security shall1 upon a motion filed by the alien1 reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond1 consistent with clause 7i77,,ii74 7,g7 ,judicial review ,an alien is entitled to judicial review of the ,secretary's decision to provisionally deny an application under this paragraph in accordance with the procedures described in section #abf7;c74 7#d7 ,definitions ,for purposes of this subsection-- 7,a7 the term felony offense means an offense under ,federal or ,state law that is punishable by a maximum term of imprisonment of more than #a year2 7,b7 the term misdemeanor offense means an offense under ,federal or ,state law that is punishable by a term of imprisonment of more than #e days but not more than #a year2 7,c7 the term crime of domestic violence means any offense that has as an element the use1 attempted use1 or threatened use of physical force against a person committed by a current or former spouse of the person1 by an individual with whom the person shares a child in common1 by an individual who is cohabiting with or has cohabited with the person as a spouse1 by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs1 or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the ,united ,states or any ,state1 ,indian tribal government1 or unit of local government2 and 7,d7 the term convicted1 conviction1 adjudicated1 or adjudication does not include a judgment that has been expunged or set aside1 that resulted in a rehabilitative disposition1 or the equivalent4 7d7 ,limitation on removal of certain alien minors ,an alien who is under #ah years of age and meets the requirements under subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7b77#a7 shall be provided a reasonable opportunity to meet the educational requirements under subparagraph 7,d7 of such subsection4 ,the ,attorney ,general or the ,secretary may not commence or continue with removal proceedings against such an alien4 7e7 ,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 application1 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 title or under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 #aab4 ,terms of permanent resident status on a conditional basis 7a7 ,period of status ,permanent resident status on a conditional basis is-- 7#a7 valid for a period of #aj years1 unless such period is extended by the ,secretary2 and 7#b7 subject to revocation under subsection 7c74 7b7 ,notice of requirements ,at the time an alien obtains permanent resident status on a conditional basis1 the ,secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed4 7c7 ,revocation of status ,the ,secretary may revoke the permanent resident status on a conditional basis of an alien only if the ,secretary-- 7#a7 determines that the alien ceases to meet the requirements under section #aaa7;b77#a77;,c72 and 7#b7 prior to the revocation1 provides the alien-- 7,a7 notice of the proposed revocation2 and 7,b7 the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation4 7d7 ,return to previous immigration status ,an alien whose permanent resident status on a conditional basis expires under subsection 7a77#a7 or is revoked under subsection 7c71 shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis4 #aac4 ,removal of conditional basis of permanent resident status 7a7 ,eligibility for removal of conditional basis 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall remove the conditional basis of an alien's permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- 7,a7 is described in section #aaa7;b77#a77;,c72 7,b7 has not abandoned the alien's residence in the ,united ,states during the period in which the alien has permanent resident status on a conditional basis2 and 7,c7 7i7 has obtained a degree from an institution of higher education1 or has completed at least #b years1 in good standing1 of a program in the ,united ,states leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level2 7ii7 has served in the ,uniformed ,services for at least #b years and1 if discharged1 received an honorable discharge2 or 7iii7 demonstrates earned income for periods totaling at least #c years and at least #ge percent of the time that the alien has had a valid employment authorization1 except that1 in the case of an alien who was enrolled in an institution of higher education1 an area career and technical education school to obtain a recognized postsecondary credential1 or an education program described in section #aaa7;b77#a77;,d77iii71 the ,secretary shall reduce such total #c-year requirement by the total of such periods of enrollment4 7#b7 ,hardship exception ,the ,secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- 7,a7 satisfies the requirements under subparagraphs 7,a7 and 7,b7 of paragraph 7#a72 7,b7 demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph 7,c7 of such paragraph2 and 7,c7 demonstrates that-- 7i7 the alien has a disability2 7ii7 the alien is a full-time caregiver2 or 7iii7 the removal of the alien from the ,united ,states would result in hardship to the alien or the alien's spouse1 parent1 or child who is a national of the ,united ,states or is lawfully admitted for permanent residence4 7#c7 ,citizenship requirement 7,a7 ,in general ,except as provided in subparagraph 7,b71 the conditional basis of an alien's permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section #cab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbc7;a774 7,b7 ,exception ,subparagraph 7,a7 shall not apply to an alien who is unable to meet the requirements under such section #cab7;a7 due to disability4 7#d7 ,application fee ,the ,secretary may1 subject to an exemption under section #abc7;c71 require aliens applying for removal of the conditional basis of an alien's permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application4 7#e7 ,background check ,the ,secretary may not remove the conditional basis of an alien's permanent resident status until the requirements of section #abb are satisfied4 7b7 ,treatment for purposes of naturalization 7#a7 ,in general ,for purposes of title ,,iii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adja et seq471 an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the ,united ,states1 and be present in the ,united ,states1 as an alien lawfully admitted for permanent residence4 7#b7 ,limitation on application for naturalization ,an alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis4 7c7 ,timing of approval of lawful permanent resident status 7#a7 ,in general ,an alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection 7a74 7#b7 ,approval with regard to initial applications 7,a7 ,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 resident status without conditional basis1 any alien who-- 7i7 demonstrates eligibility for lawful permanent residence status on a conditional basis under section #aaa7;b72 and 7ii7 subject to the exceptions described in subsections 7a77#b7 and 7a77#c77;,b7 of this section1 already has fulfilled the requirements of paragraphs 7#a7 and 7#c7 of subsection 7a7 of this section at the time such alien first submits an application for benefits under this title4 7,b7 ,background checks ,subsection 7a77#e7 shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien's permanent resident status4 ,section #aaa7;b77#c7 shall not be construed to require the ,secretary to conduct more than one identical security or law enforcement background check on such an alien4 7,c7 ,application fees ,in the case of an alien seeking lawful permanent resident status without conditional basis in an initial application1 the alien shall pay the fee required under subsection 7a77#d71 subject to the exemption allowed under section #abc7;c71 but shall not be required to pay the application fee under section #aaa7;b77#b74 ,b ,general ,provisions #aba4 ,definitions ,in this title3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this title that is used in the immigration laws shall have the meaning given such term in the immigration laws4 7#b7 ,appropriate ,united ,states district court ,the term appropriate ,united ,states district court mean the ,united ,states ,district ,court for the ,district of ,columbia or the ,united ,states district court with jurisdiction over the alien's principal place of residence4 7#c7 ,area career and technical education school ,the term area career and technical education school has the meaning given such term in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb74 7#d7 ,,daca ,the term ,,daca means deferred action granted to an alien pursuant to the ,deferred ,action for ,childhood ,arrivals policy announced by the ,secretary of ,homeland ,security on ,june #ae1 #bjab4 7#e7 ,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#f7 ,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#g7 ,high school2 secondary school ,the terms high school and secondary school have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#h7 ,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#i7 ,institution of higher education ,the term institution of higher education-- 7,a7 except as provided in subparagraph 7,b71 has the meaning given such term in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb72 and 7,b7 does not include an institution of higher education outside of the ,united ,states4 7#aj7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given such term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aa7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#ab7 ,uniformed services ,the term ,uniformed ,services has the meaning given the term uniformed services in section #aja7;a7 of title #aj1 ,united ,states ,code4 #abb4 ,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 title1 on either a conditional or permanent basis1 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 title1 on either a conditional or permanent basis4 ,the status of an alien may not be adjusted1 on either a conditional or permanent basis1 unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 #abc4 ,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 title shall be given a reasonable opportunity to apply for such relief and may not be removed until1 subject to section #abf7;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 title4 ,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 title 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 title1 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 ,with respect to any benefit under this title1 and in addition to the waivers under section #aaa7;c77#b71 the ,secretary may waive the grounds of inadmissibility under paragraph 7#a71 7#f77;,e71 7#f77;,g71 or 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 7e7 ,advance parole ,during the period beginning on the date on which an alien applies for adjustment of status under this title 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 title1 who may not be placed in removal proceedings pursuant to this title1 or who has pending an application under this title1 shall1 upon application to the ,secretary1 be granted an employment authorization document4 #abd4 ,determination of continuous presence and residence 7a7 ,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 title 7whether on a conditional basis or without the conditional basis as provided in section #aac7;c77#b77 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 or residence 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an alien shall be considered to have failed to maintain-- 7,a7 continuous physical presence in the ,united ,states under this title if the alien has departed from the ,united ,states for any period exceeding #ij days or for any periods1 in the aggregate1 exceeding #ahj days2 and 7,b7 continuous residence in the ,united ,states under this title if the alien has departed from the ,united ,states for any period exceeding #ahj days1 unless the alien establishes to the satisfaction of the ,secretary of ,homeland ,security that the alien did not in fact abandon residence in the ,united ,states during such period4 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 #d years prior to such removal or departure1 the ,secretary may1 as a matter of discretion1 waive the physical presence requirement under section #aaa7;b77#a77;,a7 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 #aaa from outside the ,united ,states if they would have been eligible for relief under such section1 but for their removal or departure4 #abe4 ,exemption from numerical limitations ,nothing in this title 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 title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b774 #abf4 ,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 title 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 ,except as provided in subsection 7c71 and 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 title in an appropriate ,united ,states district court4 7c7 ,judicial review of a provisional denial 7#a7 ,in general ,notwithstanding any other provision of law1 if1 after notice and the opportunity to respond under section #aaa7;c77#c77;,e71 the ,secretary provisionally denies an application for adjustment of status under this title1 the alien shall have #fj days from the date of the ,secretary's determination to seek review of such determination in an appropriate ,united ,states district court4 7#b7 ,scope of review and decision ,notwithstanding any other provision of law1 review under paragraph 7#a7 shall be de novo and based solely on the administrative record1 except that the applicant shall be given the opportunity to supplement the administrative record and the ,secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission4 ,upon issuing its decision1 the court shall remand the matter1 with appropriate instructions1 to the ,department of ,homeland ,security to render a final decision on the application4 7#c7 ,appointed counsel ,notwithstanding any other provision of law1 an applicant seeking judicial review under paragraph 7#a7 shall be represented by counsel4 ,upon the request of the applicant1 counsel shall be appointed for the applicant1 in accordance with procedures to be established by the ,attorney ,general within #ij days of the date of the enactment of this ,act1 and shall be funded in accordance with fees collected and deposited in the ,immigration ,counsel ,account under section #acb4 7d7 ,stay of removal 7#a7 ,in general ,except as provided in paragraph 7#b71 an alien seeking administrative or judicial review under this title 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 title4 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 grounds described in this title4 ,such removal shall not affect the alien's right to judicial review under this title4 ,the ,secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this title1 or to revoke such status1 is reversed4 #abg4 ,documentation requirements 7a7 ,documents establishing identity ,an alien's application for permanent resident status under this title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b77 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 entry1 continuous physical presence1 lack of abandonment of residence ,to establish that an alien was younger than #ah years of age on the date on which the alien entered the ,united ,states1 and has continuously resided in the ,united ,states since such entry1 as required under section #aaa7;b77#a77;,b71 that an alien has been continuously physically present in the ,united ,states1 as required under section #aaa7;b77#a77;,a71 or that an alien has not abandoned residence in the ,united ,states1 as required under section #aac7;a77#a77;,b71 the alien may submit the following forms of evidence3 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 information1 or other records demonstrating earned income4 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 receipts4 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 admission to an institution of higher education ,to establish that an alien has been admitted to an institution of higher education1 the alien may submit to the ,secretary a document from the institution of higher education certifying that the alien-- 7#a7 has been admitted to the institution2 or 7#b7 is currently enrolled in the institution as a student4 7d7 ,documents establishing receipt of a degree from an institution of higher education ,to establish that an alien has acquired a degree from an institution of higher education in the ,united ,states1 the alien may submit to the ,secretary a diploma or other document from the institution stating that the alien has received such a degree4 7e7 ,documents establishing receipt of a high school diploma1 ,general ,educational ,development credential1 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 school1 has obtained the ,general ,education ,development credential1 or otherwise has satisfied section #aaa7;b77#a77;,d77iii71 the alien may submit to the ,secretary the following3 7#a7 ,a high school diploma1 certificate of completion1 or other alternate award4 7#b7 ,a high school equivalency diploma or certificate recognized under ,state law4 7#c7 ,evidence that the alien passed a ,state-authorized exam1 including the ,general ,education ,development test1 in the ,united ,states4 7#d7 ,evidence that the alien successfully completed an area career and technical education program1 such as a certification1 certificate1 or similar alternate award4 7#e7 ,evidence that the alien obtained a recognized postsecondary credential4 7#f7 ,any other evidence determined to be credible by the ,secretary4 7f7 ,documents establishing enrollment in an educational program ,to establish that an alien is enrolled in any school or education program described in section #aaa7;b77#a77;,d77iv7 or #aac7;a77#a77;,c71 the alien may submit school records from the ,united ,states school that the alien is currently attending that include-- 7#a7 the name of the school2 and 7#b7 the alien's name1 periods of attendance1 and current grade or educational level4 7g7 ,documents establishing exemption from application fees ,to establish that an alien is exempt from an application fee under section #abc7;c71 the alien may submit to the ,secretary the following relevant documents3 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 two 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 two 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 7h7 ,documents establishing qualification for hardship exemption ,to establish that an alien satisfies one of the criteria for the hardship exemption set forth in section #aac7;a77#b77;,c71 the alien may submit to the ,secretary at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption1 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 7i7 ,documents establishing service in the ,uniformed ,services ,to establish that an alien has served in the ,uniformed ,services for at least #b years and1 if discharged1 received an honorable discharge1 the alien may submit to the ,secretary-- 7#a7 a ,department of ,defense form ,,dd-#bad2 7#b7 a ,national ,guard ,report of ,separation and ,record of ,service form #bb2 7#c7 personnel records for such service from the appropriate ,uniformed ,service2 or 7#d7 health records from the appropriate ,uniformed ,service4 7j7 ,documents establishing earned income 7#a7 ,in general ,an alien may satisfy the earned income requirement under section #aac7;a77#a77;,c77iii7 by submitting records that-- 7,a7 establish compliance with such requirement2 and 7,b7 have been maintained by the ,social ,security ,administration1 the ,internal ,revenue ,service1 or any other ,federal1 ,state1 or local government agency4 7#b7 ,other documents ,an alien who is unable to submit the records described in paragraph 7#a7 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 income1 including-- 7,a7 bank records2 7,b7 business records2 7,c7 employer or contractor records2 7,d7 records of a labor union1 day labor center1 or organization that assists workers in employment2 7,e7 sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work1 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 alien2 7,f7 remittance records2 or 7,g7 any other evidence determined to be credible by the ,secretary4 7k7 ,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 title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b77 is being obtained fraudulently to an unacceptable degree1 the ,secretary may prohibit or restrict the use of such document or class of documents4 #abh4 ,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 title1 which shall allow eligible individuals to immediately apply for relief under section #aaa or #aac7;c77#b74 ,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 title4 #abi4 ,confidentiality of information 7a7 ,in general ,the ,secretary may not disclose or use information 7including information provided during administrative or judicial review7 provided in applications filed under this title or in requests for ,,daca 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 title 7including information provided during administrative or judicial review7 or an application for ,,daca1 may not refer an applicant to ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or any designee of either such entity4 7c7 ,limited exception ,notwithstanding subsections 7a7 and 7b71 information provided in an application for adjustment of status under this title 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 title2 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 offense 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 #acj4 ,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 title 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 title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b771 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 title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b771 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 title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b772 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 #aca4 ,provisions affecting eligibility for adjustment of status ,an alien's eligibility to be lawfully admitted for permanent residence under this title 7whether on a conditional basis1 or without the conditional basis as provided in section #aac7;c77#b77 shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible4 #acb4 ,supplementary surcharge for appointed counsel 7a7 ,in general ,except as provided in section #abb and in cases where the applicant is exempt from paying a fee under section #abc7;c71 in any case in which a fee is charged pursuant to this title1 an additional surcharge of #be shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the ,secretary's decision to provisionally deny an application under section #abf7;c77#c74 7b7 ,immigration counsel account ,there is established in the general fund of the ,treasury a separate account which shall be known as the ,immigration ,counsel ,account4 ,fees collected under subsection 7a7 shall be deposited into the ,immigration ,counsel ,account and shall to remain available until expended for purposes of providing appointed counsel as required under this title4 7c7 ,report ,at the end of each #b-year period1 beginning with the establishment of this account1 the ,secretary of ,homeland ,security shall submit a report to the ,congress concerning the status of the account1 including any balances therein1 and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal1 as closely as possible1 the cost of providing appointed counsel as required under this title4 #acc4 ,annual report on provisional denial authority ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the ,congress a report detailing the number of applicants that receive-- 7#a7 a provisional denial under this title2 7#b7 a final denial under this title without seeking judicial review2 7#c7 a final denial under this title after seeking judicial review2 and 7#d7 an approval under this title after seeking judicial review4 ,,ii ,american ,promise ,act #bja4 ,short title ,this title may be cited as the ,american ,promise ,act of #bjai4 ,a ,treatment of certain nationals of certain countries designated for temporary protected status or deferred enforced departure #baa4 ,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 #bbg1 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 #bbc7;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 #bbb 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 title or under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 ,b ,general ,provisions #bba4 ,definitions 7a7 ,in general ,in this title3 7#a7 ,in general ,except as otherwise specifically provided1 any term used in this title 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 title1 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 #bbb4 ,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 title 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 title4 ,the status of an alien may not be adjusted unless security and law enforcement background checks are completed to the satisfaction of the ,secretary4 #bbc4 ,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 title shall be given a reasonable opportunity to apply for such relief and may not be removed until1 subject to section #bbf7;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 title4 ,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 title 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 title1 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 title1 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 title 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 title1 or who has pending an application under this title1 shall1 upon application to the ,secretary1 be granted an employment authorization document4 #bbd4 ,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 title 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 title 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 #baa7;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 #baa from outside the ,united ,states if they would have been eligible for relief under such section1 but for their removal or departure4 #bbe4 ,exemption from numerical limitations ,nothing in this title 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 title4 #bbf4 ,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 title 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 title 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 title 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 title4 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 title4 ,the ,secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this title1 or to revoke such status1 is reversed4 #bbg4 ,documentation requirements 7a7 ,documents establishing identity ,an alien's application for permanent resident status under this title 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 title may include1 as evidence that the alien has been continuously physically present in the ,united ,states1 as required under section #baa7;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 receipts4 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 title may include1 as evidence that the alien is exempt from an application fee under section #bbc7;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 two 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 two 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 title is being obtained fraudulently to an unacceptable degree1 the ,secretary may prohibit or restrict the use of such document or class of documents4 #bbh4 ,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 title1 which shall allow eligible individuals to immediately apply for relief under section #baa4 ,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 title4 #bbi4 ,confidentiality of information 7a7 ,in general ,the ,secretary may not disclose or use information provided in applications filed under this title 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 title 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 entity4 7c7 ,limited exception ,notwithstanding subsections 7a7 and 7b71 information provided in an application for adjustment of status under this title 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 title2 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 #bcj4 ,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 title 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 title1 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 title1 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 title2 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 #bca4 ,provisions affecting eligibility for adjustment of status ,an alien's eligibility to be lawfully admitted for permanent residence under this title shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible4 ,passed the ,house of ,representatives ,june #d1 #bjai4;,cheryl ,l4 ,johnson1,clerk ,june #aj1 #bjai,read the second time and placed on the calendar