,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hehe ,,in ,,the ,,house ,,of ,,representatives ,october #ac1 #bjbj,mr4 ,rush introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bdj;,a of the ,immigration and ,nationality ,act to provide for cancellation of removal and temporary resident status for certain parents of citizens of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,right to ,family ,act4 #b4 ,cancellation of removal and temporary resident status for certain long-,term resident parents ,section #bdj;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;b7 is amended by adding at the end the following3 7f7 ,cancellation of removal and temporary resident status for certain long-,term resident parents 7#a7 ,in general ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security or the ,attorney ,general shall cancel the removal of1 and adjust to the status of an alien having lawful temporary residence1 an alien who is inadmissible or deportable from the ,united ,states if-- 7,a7 the alien-- 7i7 has been physically present in the ,united ,states for a continuous period of not less than #aj years immediately preceding the date of the alien's application2 7ii7 subject to paragraph 7#g71 was removed1 deported1 or permitted to depart voluntarily from the ,united ,states after having been physically present in the ,united ,states for a continuous period of not less than #aj years2 7iii7 has deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals policy announced by the ,secretary of ,homeland ,security on ,june #ae1 #bjab2 or 7iv7 would have been eligible for a grant of deferred action pursuant to such policy1 if the memorandum announcing the policy were fully in effect since the date issued2 7,b7 the alien is the parent of a son or daughter who-- 7i7 is a citizen or national of the ,united ,states2 or 7ii7 initially entered the ,united ,states while under #af years of age and has been continuously physically present in the ,united ,states since such entry2 and 7,c7 the alien-- 7i7 is not inadmissible under paragraph 7#a71 7#f77;,e71 7#f77;,g71 7#h71 or 7#aj7 of section #bab7;a72 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 subsection based on the criminal and national security grounds described under paragraph 7#c71 subject to the provisions of such paragraph4 7#b7 ,determination of continuous presence 7,a7 ,effect of notice to appear ,any period of continuous physical presence in the ,united ,states of an alien who applies for temporary resident status under this subsection shall not terminate when the alien is served a notice to appear under section #bci7;a74 7,b7 ,treatment of certain breaks in presence or residence 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 an alien shall be considered to have failed to maintain continuous physical presence in the ,united ,states under this subsection 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 7ii7 ,extensions for extenuating circumstances ,the ,secretary may extend the time period described in clause 7i7 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 7iii7 ,travel authorized by the ,secretary ,any period of travel outside of the ,united ,states by an alien that was authorized by the ,secretary of ,homeland ,security may not be counted toward any period of departure from the ,united ,states under clause 7i74 7#c7 ,criminal and national security bars 7,a7 ,grounds of ineligibility ,except as provided in subparagraphs 7,b7 and 7,c71 an alien is ineligible for cancellation of removal and adjustment of status under this subsection if any of the following apply3 7i7 ,the alien is inadmissible under paragraph 7#b7 or 7#c7 of section #bab7;a7 of the ,immigration and ,nationality ,act4 7ii7 ,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-- 7,i7 any felony offense2 7,,ii7 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 7,,iii7 a misdemeanor offense of domestic violence1 unless the alien demonstrates that such crime is related to the alien having been-- 7aa7 a victim of domestic violence1 sexual assault1 stalking1 child abuse or neglect1 abuse or neglect in later life1 or human trafficking2 7bb7 battered or subjected to extreme cruelty2 or 7cc7 a victim of criminal activity described in section #aja7;a77#ae77,u77iii74 7,b7 ,treatment of certain offense involving driving ,notwithstanding section #aja7;h71 any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances shall only be considered for purposes of this subsection if-- 7i7 such crime involves personal injury or death to another2 or 7ii7 the alien has been convicted of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances more than once during the #aj years immediately preceding the date of the alien's application4 7,c7 ,waivers for certain misdemeanors ,for humanitarian purposes1 family unity1 or if otherwise in the public interest1 the ,secretary may-- 7i7 waive the grounds of inadmissibility under subparagraphs 7,a71 7,c71 and 7,d7 of section #bab7;a77#b71 unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under subparagraph 7,a77ii7 7subject to clause 7ii772 and 7ii7 for purposes of subclauses 7,,ii7 and 7,,iii7 of subparagraph 7,a77ii71 waive consideration of-- 7,i7 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 subsection2 or 7,,ii7 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 subsection4 7,d7 ,authority to conduct secondary review 7i7 ,in general ,notwithstanding an alien's eligibility for adjustment of status under this subsection1 and subject to the procedures described in this subparagraph1 the ,secretary of ,homeland ,security or the ,attorney ,general may1 as a matter of non-delegable discretion1 provisionally deny an application for adjustment of status if the ,secretary or the ,attorney ,general1 based on clear and convincing evidence1 which shall include credible law enforcement information1 determines that the alien is described in clause 7ii7 or 7iv74 7ii7 ,public safety ,an alien is described in this clause if-- 7,i7 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-- 7aa7 has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than #cj days2 or 7bb7 has been adjudicated delinquent in a ,state or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility2 and 7,,ii7 the alien poses a significant and continuing threat to public safety related to such conviction or adjudication4 7iii7 ,public safety determination ,for purposes of clause 7ii77,,ii71 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 7iv7 ,gang participation ,an alien is described in this clause 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 7v7 ,evidentiary limitation ,for purposes of clause 7iv71 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 clause4 7vi7 ,notice 7,i7 ,in general ,prior to rendering a discretionary decision under this subparagraph1 the ,secretary of ,homeland ,security or the ,attorney ,general 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-- 7aa7 articulate with specificity all grounds for the preliminary determination1 including the evidence relied upon to support the determination2 and 7bb7 provide the alien with not less than #ij days to respond4 7,,ii7 ,second notice ,not more than #cj days after the issuance of the notice under subclause 7,i71 the ,secretary of ,homeland ,security or the ,attorney ,general shall provide a second written notice that meets the requirements of such clause4 7,,iii7 ,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 or the ,attorney ,general shall1 upon a motion filed by the alien1 reopen an application for adjustment of status under this subsection and allow the applicant an opportunity to respond1 consistent with subclause 7,i77bb74 7,e7 ,definitions ,for purposes of this paragraph-- 7i7 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 7ii7 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 7iii7 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 7iv7 the terms convicted1 conviction1 adjudicated1 and adjudication do not include a judgment that has been expunged or set aside1 that resulted in a rehabilitative disposition1 or the equivalent4 7#d7 ,work authorization ,in the case of an alien who has temporary resident status under this subsection1 the ,secretary of ,homeland ,security shall authorize the alien to engage in employment in the ,united ,states and provide the alien with an employment authorized endorsement or other appropriate work permit4 ,work authorization provided under this paragraph shall be effective throughout the period the alien is in temporary resident status under this subsection4 7#e7 ,terms of status 7,a7 ,in general ,temporary resident status under this subsection shall be valid for a period of #c years1 unless such period is extended or renewed4 7,b7 ,renewal ,in the case of an alien who has temporary resident status under this subsection1 the ,secretary of ,homeland ,security shall renew the status in #c-year increments1 with no limit on the number of such renewals1 if-- 7i7 the alien files a nonfrivolous application for renewal before the date of expiration of the period of stay authorized by the ,secretary2 and 7ii7 the ,secretary determines that the alien continues to meet the conditions for adjustment of status under this subsection4 7,c7 ,automatic extension during pendency of application ,in the case of an alien who files a nonfrivolous application for renewal before the date of expiration of the period of stay authorized by the ,secretary1 the alien's period of temporary resident status and work authorization shall be deemed extended during the pendency of the application4 7#f7 ,documents establishing continuous physical presence ,to establish that an alien has been continuously physically present in the ,united ,states1 as required under paragraph 7#a71 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,j7 ,deeds1 mortgages1 or rental agreement contracts4 7,k7 ,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,l7 ,tax receipts4 7,m7 ,insurance policies4 7,n7 ,remittance records1 including copies of money order receipts sent in or out of the country4 7,o7 ,travel records4 7,p7 ,dated bank transactions4 7,q7 ,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-- 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,r7 ,any other evidence determined to be credible by the ,secretary of ,homeland ,security or the ,attorney ,general4 7#g7 ,eligibility of removed1 deported1 or voluntarily departed aliens ,an alien who was removed1 deported1 or permitted to depart voluntarily from the ,united ,states may apply for relief under this subsection from abroad if the reason for their removal1 deportation1 or voluntary departure was that the alien-- 7,a7 was present in the ,united ,states after the expiration of the period of stay authorized by the ,secretary of ,homeland ,security or was present in the ,united ,states without being admitted or paroled2 or 7,b7 committed an offense1 if that offense does not render the alien ineligible for relief under this subsection pursuant to the provisions of paragraph 7#c74 7#h7 ,construction 7,a7 ,in general ,a denial of cancellation of removal under any other provision of this section shall not prejudice a decision under this subsection4 ,an alien's eligibility for temporary resident status under this subsection shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible4 7,b7 ,determination of continuous presence and residence ,subsection 7d7 shall not apply to cancellation of removal or adjustment of status under this subsection4 7,c7 ,annual limitation ,subsection 7e7 shall not apply to cancellation of removal or adjustment of status under this subsection4 4