Sec. 402. Adjustment of status for conditional nonimmigrants

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Notwithstanding any other provision of law, including section 244(h) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(h) ), the Secretary may adjust the status of a conditional nonimmigrant or a conditional nonimmigrant dependent to that of an alien lawfully admitted for permanent residence if the conditional nonimmigrant or conditional nonimmigrant dependent satisfies the applicable requirements under this subsection. A conditional nonimmigrant applying for adjustment of status under this section shall establish that during the 5-year period immediately preceding the application for adjustment of status, he or she has fulfilled the requirements of the alien’s conditional status by demonstrating that the alien— has not been convicted of any offenses that would render the alien inadmissible as described in subsection (b); has satisfied all past or current Federal income tax liabilities and is in good standing with the Internal Revenue Service as described in subsection (c); can establish that he or she has contributed to the community through employment, education, military service or other enterprise as described in subsection (d); has demonstrated sufficient mastery of basic English skills as described in subsection (e); and where applicable, can establish proof of registration under the Military Selective Service Act (50 U.S.C.

App. 451 et seq.). A conditional nonimmigrant or conditional nonimmigrant dependent applying for adjustment of status under this section shall establish that he or she is not inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except for any provision under that section that is not applicable or waived under paragraph

(2)or

(3)of section 401(d). For purposes of an application filed under this section, any prior waiver of inadmissibility granted to an alien under section 401(d)(2) shall remain in effect with respect to the specific conduct considered by the Secretary at the time of classification under section 401. 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 paragraph (1), the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year while classified as a conditional nonimmigrant or conditional nonimmigrant dependent 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 nonimmigrant or conditional nonimmigrant dependent, 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. An alien shall demonstrate contributions to the United States by submitting evidence that he or she— is or has been engaged in full-time, part-time, self, or seasonal employment in the United States; or has completed or is enrolled in an accredited education program as described under subsection (e)(1)(B) of section 401; or is serving in the military or has completed military service as described in subsection (e)(1)(C) of section 401; or otherwise establishes, to the satisfaction of the Secretary, that the alien is an active volunteer or community member; or is exempt from these requirements, as described under subsection (e)(2) of section 401; and is self-sufficient or self-supporting, including through the support of family, community members, or others, as determined by the Secretary, such that the alien is not a public charge or at risk of becoming a public charge. An alien may conclusively establish compliance with paragraph

(1)by submitting records to the Secretary that demonstrate such employment, education, military service, or other contributions that have been maintained by the Social Security Administration, the Internal Revenue Service, the Armed Services or any other Federal, State, or local government agency or public or private educational institution. An alien who is unable to submit a document described in subparagraph

(A)may satisfy the requirement under paragraph

(1)by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of contributions to the United States, including— bank records; business records; employer records; records of a labor union, day labor center, or organization that assists workers in employment; records of a registered charitable, voluntary or 501(c)(3) nonprofit organization; sworn affidavits from nonrelatives who have direct knowledge of the alien’s contribution, that contain— the name, address, and telephone number of the affiant; the nature and duration of the relationship between the affiant and the alien; and other verification or information; and remittance records. The Secretary may— designate additional documents to evidence employment, education, military service or and other contributions to the United States; and set such terms and conditions on the use of affidavits as is necessary to verify and confirm the identity of any affiant or otherwise prevent fraudulent submissions. An alien described in paragraph

(1)who is applying for adjustment of status under this section shall prove, by a preponderance of the evidence, that the alien has satisfied the requirements of this subsection. An alien may meet such burden of proof by producing sufficient evidence to demonstrate employment, education, military service, or other contribution to the United States as a matter of reasonable inference. Except as provided under paragraph (2), a conditional nonimmigrant or conditional nonimmigrant dependent shall establish that he or she— meets the requirements under section 312 of the Immigration and Nationality Act ( 8 U.S.C. 1423 ); earned a high school diploma or obtained a general education development certificate in the United States; or is satisfactorily pursuing a course of study to achieve such an understanding of English and knowledge and understanding of the history and Government of the United States. A conditional nonimmigrant or conditional nonimmigrant dependent who demonstrates that he or she meets the requirements under such section 312 may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ). Paragraph

(1)shall not apply to any person who is unable to comply with those requirements because of a physical or developmental disability or mental impairment (as described in section 312(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1423(b)(1) )). The Secretary may waive all or part of paragraph

(1)for a conditional nonimmigrant who is at least 65 years of age on the date on which an application is filed for adjustment of status under this section. A conditional nonimmigrant or conditional nonimmigrant dependent seeking to adjust status to that of a lawful permanent resident shall submit to a full medical examination and all security and other law enforcement checks required of an applicant for adjustment under section 245 of the Immigration and Nationality Act. The Secretary shall promulgate regulations establishing procedures for submitting an application for adjustment of status under this section. The Secretary shall impose a fee for filing an application for adjustment of status under this section which shall be sufficient to cover the administrative and other expenses incurred in connection with the review of such applications. Fees collected under this paragraph shall be deposited into the Immigration Examination Fee Account and shall remain available as provided under subsections

(m)and

(n)of section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ). Notwithstanding any other provision of law, the Secretary may— adjust the status of a conditional nonimmigrant dependent to that of a person admitted for lawful permanent residence if the principal conditional nonimmigrant spouse or parent has been found eligible for adjustment of status under this section, provided that the dependent complies with subparagraphs (A), (B), and (E), where applicable, of subsection (a)(2) and completes the application requirements described in subsection (f); adjust the status of a conditional nonimmigrant dependent who was the spouse or child of an alien who was classified as a conditional nonimmigrant, or was eligible for such classification under section 401, to that of a person admitted for permanent residence if— 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; provided that the dependent complies with subparagraphs (A), (B), and (E), where applicable, of subsection (a)(2) and completes the application requirements described in subsection (g). In processing applications under this subsection on behalf of aliens who have been battered or subjected to extreme cruelty, the Secretary shall apply— the provisions under section 204(a)(1)(J) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(J) ); and the protections, prohibitions, and penalties under section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367 ). An alien may not adjust status to that of a lawful permanent resident status under this Act until that earlier of— 30 days after an immigrant visa becomes available for petitions filed under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153), which were filed before the date of enactment of this Act; or 6 years after the date of the enactment of this Act. (e)(2)(D) of section 401 An alien who qualifies as a conditional nonimmigrant as described in subsection (e)(2)(D) of section 401 shall be eligible to apply for adjustment of status immediately upon the completion of one of the following: The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States. The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge. The alien has been employed full-time, part-time, or seasonally for at least 2 years prior to date of application. For purposes of naturalization only, aliens who adjust their status to that of a lawful permanent resident under the special rule described in paragraph

(2)shall be eligible to apply for naturalization 3 years after the date on which adjustment of status is granted. For purposes of section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ), an alien whose status has been adjusted under this section shall not be eligible for any Federal means-tested public benefit unless the alien meets the alien eligibility criteria for such benefit under title IV of such Act ( 8 U.S.C. 1601 et seq. ).

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