Sec. 318. Adjustment of status
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Notwithstanding any other provision of law, an alien whose status has been adjusted under subsection
(b)to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this paragraph. Such conditional permanent resident status shall be valid for a period of 3 years, subject to termination under paragraph (2). At the time an alien obtains permanent resident status on a conditional basis under subsection (b), the Secretary of Homeland Security shall provide notice to the alien regarding the provisions of this section and the requirements of paragraph
(3)to have the conditional basis of such status removed. The Secretary shall terminate the conditional permanent resident status of any alien who obtained such status under this Act, if the Secretary determines that the alien ceases to meet the requirements of subsection (b)(1). Any alien whose conditional permanent resident status is terminated under subparagraph
(A)shall be required to return to their country of origin. In order for the conditional basis of the permanent resident status obtained by an alien under subsection
(b)to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph (4), a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in subparagraph (B)(i). If a petition is filed in accordance with clause
(A)for an alien, the Secretary shall make a determination as to whether the alien meets the requirements set out in subparagraphs
(A)and
(B)of paragraph (4). If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien. If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate conditional permanent resident status of the alien as of the date of the determination. An alien may petition to remove the conditional basis of lawful resident status during the period beginning 90 days before and ending 180 days after either the date that is 3 years after the date of granting conditional permanent resident status or any other expiration date of the conditional permanent resident status provided by the Secretary in accordance with this Act. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending. Each petition for an alien under paragraph (3)(A) shall contain information to permit the Secretary to determine whether each of the following requirements is met: The alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident. The alien is in compliance with subsection (b)(1). The alien has not abandoned the alien’s residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that the alien has not abandoned the alien’s residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien’s residence in the United States during the period of such service. The alien has satisfied all Federal income tax liabilities and is in good standing with the Internal Revenue Service as described in
(B)of this paragraph. Where applicable, can establish proof of registration under the Military Selective Service Act (50 U.S.C. App. 451 et seq.). Not later than the date on which status is adjusted under this section, a conditional nonimmigrant or conditional nonimmigrant dependent shall satisfy any applicable Federal tax liability by establishing that— no such tax liability exists; all outstanding liabilities have been paid; or the conditional nonimmigrant has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. For purposes of (i), the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year while classified as a conditional permanent resident for which the statutory period for assessment of any deficiency for such taxes has not expired. The Secretary of the Treasury shall establish rules and procedures under which the Commissioner of Internal Revenue shall provide documentation to— a conditional permanent resident, upon request, to establish the payment of all taxes required under this subsection; or the Secretary, upon request, regarding the payment of Federal taxes by an alien applying for a benefit under this section. The alien may satisfy proof of compliance with this subsection by submitting documentation that establishes that— no such tax liability exists; all outstanding liabilities have been met; or the alien has entered into, and is in compliance with, an agreement for payment of all outstanding liabilities with the Internal Revenue Service. Notwithstanding any other provision of law, and except as otherwise provided in this Act, the Secretary of Homeland Security may adjust the status of an alien granted a PUM visa, subject to the conditional basis described in subsection (a), if the alien demonstrates that the alien is not inadmissible under paragraph
(2)(criminal grounds),
(3)(security grounds), 4(A) and
(B)(public charge), 6(E) (smugglers), or 10(C) (child abductors) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). Aliens granted a waiver of inadmissibility from 212(a) not listed in
(1)shall pay a $500 fee that shall be deposited into the Security and Prosperity Account as described in section 502 of the Comprehensive Immigration Reform ASAP Act of 2013. Section 201(b)(1) ( 8 U.S.C. 1151(b)(1) ), as amended by sections 310, 313, and 317(a) of this Act, is further amended by adding at the end the following: Aliens whose status is adjusted under section 203(i). .
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