Sec. 401. Conditional nonimmigrants
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An alien as described in this section shall register with the Department of Homeland Security by submitting biometric identification pursuant to subsection
(b)and filing an application with the Secretary that demonstrates the alien’s compliance with the requirements listed in subsections
(b)through (e). Notwithstanding any other provision of law, including section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ), the Secretary shall classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent if the alien registers pursuant to paragraph
(1)and is determined to meet the requirements listed in this section. Registration and classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this section is contingent upon the submission of all required biometric data in accordance with procedures established by the Secretary. The alien shall establish that the alien— was present in the United States on the date of the introduction of this Act in the United States House of Representatives; has been continuously present in the United States since the date described in subparagraph (A); and was not legally present in the United States on the date of the introduction of this Act in the United States House of Representatives under any classification described in section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) or has been in violation of status on or before such date. For purposes of this subsection, an absence from the United States without authorization for a continuous period of more than 180 days between the date of the enactment of this Act and the beginning of the application period for classification as a conditional nonimmigrant or conditional nonimmigrant dependent shall constitute a break in continuous physical presence. Individuals absent under advance parole shall not be considered as failing to meet the continuous physical presence requirement. An alien shall be eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent if the Secretary determines that the alien— is not inadmissible to the United States under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except as provided in paragraph (2); has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and is not an alien— who has been convicted by final judgment of a particularly serious crime and constitutes a danger to the community of the United States; for whom there are reasonable grounds for believing that the alien has committed a particularly serious crime outside the United States before arriving in the United States; or for whom there are reasonable grounds for regarding the alien as a danger to the security of the United States; and who has been convicted of a felony or 3 or more misdemeanors for which the alien has served not less than 12 months of imprisonment in the aggregate. In determining an alien’s admissibility under paragraph (1)(A)— paragraphs (5), (6), (7), (9), and (10)(B) of section 212(a) of such Act shall not apply; the Secretary may not waive— subparagraph (A), (B), (C), (D)(ii), (E), (G), (H), or
(I)of section 212(a)(2) of such Act (relating to criminals); section 212(a)(3) of such Act (relating to security and related grounds); or subparagraph (A), (C), or
(D)of section 212(a)(10) of such Act (relating to polygamists and child abductors); the Secretary may waive the application of any provision of section 212(a) of such Act not listed in subparagraph
(B)on behalf of an individual alien for humanitarian purposes, to ensure family unity, or if such waiver is otherwise in the public interest; and nothing in this paragraph shall be construed as affecting the authority of the Secretary other than under this paragraph to waive the provisions of section 212(a) of such Act. Sections 240B(d) and 241(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(d) and 1231(a)(5)) shall not apply to an alien who is applying for classification under this section for conduct that occurred before the date of enactment of this Act. The Secretary shall not accept the registration of an alien, or classify an alien as a conditional nonimmigrant or conditional nonimmigrant dependent unless the alien attests, under penalty of perjury, that he or she is contributing to the United States through one or more of the following enterprises— the alien is employed full-time, part-time, or seasonally in the United States, is self-employed, or is actively seeking employment; is enrolled full- or part-time in an accredited secondary or post-secondary school, university, or other institution of higher education, or an accredited vocational, technical, or other training program; is a member of the active or reserve Armed Services, the National Guard, or other government sponsored civil service program; or otherwise establishes, to the satisfaction of the Secretary, that the alien is an active volunteer or community member. The requirements in paragraph
(1)shall not apply to any individual who, at the time of registration— is 65 years of age or older, has a physical or mental disability, is pregnant, is the primary caregiver to a child under the age of 16 or to an elderly or disabled person, or is on official extended medical leave; is the spouse of a United States citizen or lawful permanent resident; is a child 21 years of age or younger of a United States citizen or lawful permanent resident; or has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this Act, and had not yet reached the age of 16 years at the time of initial entry and had not yet reached the age of 35 years on the date of the enactment of this Act. In this subtitle: The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term uniformed services has the meaning given that term in section 101(a) of title 10, United States Code. Notwithstanding any other provision of law, the Secretary shall classify the spouse or child of a conditional nonimmigrant as a conditional nonimmigrant dependent, or provide the spouse or child with a conditional nonimmigrant dependent visa if— the spouse or child is not otherwise inadmissible to the United States as described in subsection (d); in the case of a child, was 21 years of age or younger on the date of enactment of this Act; or in the case of a spouse, was married to the conditional nonimmigrant on or before the date of enactment and is married at the time of the application; except that the spouse or child of an alien who was subsequently classified as a conditional nonimmigrant under this Act may apply for classification as a conditional nonimmigrant if the spousal or parental relationship has terminated and— the termination of the relationship with such spouse or parent was connected to domestic violence; and the spouse or child has been battered or subjected to extreme cruelty by the spouse or parent who is a conditional nonimmigrant. For purposes of establishing enrollment in this program, an application shall be considered complete if it includes appropriate biometric data, applicable fees, penalties through fines, and answers fully and completely all questions attesting to eligibility as described in subsections
(a)through (f). The Secretary may require evidence upon initial submission of the application sufficient to establish prima facie eligibility for conditional nonimmigrant or conditional nonimmigrant dependent status. The Secretary may, at his or her discretion, require additional evidence or an interview to make a final determination that an alien has established eligibility for classification. The Secretary shall impose a fee for filing an application under this section. Such fee shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. Except as provided under clause (ii), an alien filing an application under this section shall submit to the Secretary, in addition to the fee required under subparagraph (A), a fine of $500. An alien who is classified as a conditional nonimmigrant who qualifies for classification based on the exemption in subsection (e)(2)(D) or a conditional nonimmigrant dependent because he or she was younger than 21 years of age on the date of enactment of this Act shall not be required to pay a fine under this paragraph. Fees collected under this paragraph shall be deposited into the Immigration Examination Fee Account and remain available as provided under subsections
(m)and
(n)of section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ). Fines collected under this paragraph shall be deposited into the Security and Prosperity Account established under section 286(w) of such Act. An alien who files an application under this section to become a conditional nonimmigrant or a conditional nonimmigrant dependent shall be considered enrolled in the program pursuant to subsection (a)(2) until such time as a final determination is made on the application for classification. Following submission of biometric data pursuant to subsection
(b)and successful clearance of the Secretary’s security and criminal background checks, a registered alien— shall be granted employment authorization pending final adjudication of the alien’s application; shall be granted permission to travel abroad; may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien’s application, unless the alien, due to subsequent conduct or criminal conviction, becomes ineligible for conditional nonimmigrant classification; and may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) )) until employment authorization under subparagraph
(A)is denied. The Secretary shall provide each alien described in paragraph
(1)with a counterfeit-resistant document of authorization that— meets all current requirements established by the Secretary for travel documents, including the requirements under section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note); and reflects the benefits and status set forth in paragraph (1). If an alien is apprehended between the date of the enactment of this Act and the date on which the alien files an application under this section, and the alien can establish prima facie eligibility as a conditional nonimmigrant or a conditional nonimmigrant dependent, the alien shall not be detained and the Secretary shall provide the alien with a reasonable opportunity to file an application under this section. Notwithstanding any provision of the Immigration and Nationality Act, if an immigration judge determines that an alien who is in removal proceedings has made a prima facie case of eligibility for classification as a conditional nonimmigrant or a conditional nonimmigrant dependent, the judge shall administratively close such proceedings and permit the alien a reasonable opportunity to apply for such classification. An alien who is present in the United States and has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act— notwithstanding such order, may apply for classification as a conditional nonimmigrant or conditional nonimmigrant dependent under this subtitle; shall not be required to file a separate motion to reopen, reconsider, or vacate the exclusion, deportation, removal, or voluntary departure order; and the filing of an application for conditional nonimmigrant or conditional nonimmigrant dependent status shall stay the removal of the alien pending final adjudication of the application, unless the removal or detainment of the alien is based on criminal or national security-related grounds that would render the alien ineligible under this section. If the Secretary grants the application described in subparagraph (A)(i), the Secretary shall cancel the order described in subparagraph (A). If the Secretary renders a final administrative decision to deny the application described in subparagraph (A)(i), the order described in subparagraph
(A)shall be effective and enforceable to the same extent as if the application had not been made. If the Secretary determines that an alien is eligible for classification as a conditional nonimmigrant or conditional nonimmigrant dependent, the alien shall be entitled to all benefits described in subsection (h)(1). The Secretary may authorize the use of a document described in subsection (h)(2) as evidence of such classification or may issue additional documentation as evidence of classification as a conditional nonimmigrant or conditional nonimmigrant dependent. Except as provided under subparagraph (C), the period of authorized stay for a conditional nonimmigrant or a conditional nonimmigrant dependent shall be 6 years from the date on which such status is conferred. The Secretary may extend the period described in subparagraph
(A)in additional 5-year increments provided that the alien continues to meet the requirements of this section. Any benefit provided to an alien seeking classification as a conditional nonimmigrant or conditional nonimmigrant dependent, or who is classified as such, under this section shall terminate if— the Secretary determines that the alien is ineligible for such classification and all review procedures under section 603 have been exhausted or waived by the alien; the alien has used documentation issued under this section for unlawful or fraudulent purposes; or in the case of the spouse or child of an alien applying for classification as a conditional nonimmigrant or classified as a conditional nonimmigrant under this section, the benefits for the principal alien are terminated unless benefits are terminated due to the death of the principal applicant; provided that the spouse or child shall be given a reasonable opportunity to apply independently for classification under this section. During the 12-month period immediately following the issuance of regulations implementing this section, the Secretary, in cooperation with entities approved by the Secretary, shall broadly disseminate information respecting conditional nonimmigrant or conditional nonimmigrant dependent classification under this section and the requirements to be satisfied to obtain such classification. The Secretary shall disseminate information to employers and labor unions to advise them of the rights and protections available to them and to workers who file applications under this section. Such information shall be broadly disseminated, in the principal languages, as determined by the Secretary, spoken by aliens who would qualify for classification under this section, including to television, radio, and print media to which such aliens would have access. Nothing in this subsection shall be construed to prevent an alien described in this section from filing an application for an immigration benefit in accordance with any other provision of law.
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Sec. 401
Conditional nonimmigrants
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