Sec. 433. Adjustment to permanent residence
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Except as provided in subsection (b), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied: Subject to subparagraph (B), the alien has performed at least— 5 years of agricultural employment in the United States for at least 100 work days per year, during the 5-year period beginning on the date of the enactment of this Act; or 3 years of agricultural employment in the United States for at least 150 work days per year, during the 3-year period beginning on the date of the enactment of this Act.
An alien shall be considered to meet the requirements of subparagraph
(A)if the alien has performed 4 years of agricultural employment in the United States for at least 150 work days during 3 years of those 4 years and at least 100 work days during the remaining year, during the 4-year period beginning on the date of the enactment of this Act. An alien may demonstrate compliance with the requirement under paragraph
(1)by submitting— the record of employment described in section 101(e); or documentation that may be submitted under section 104(c). In determining whether an alien has met the requirement of paragraph (1)(A), the Secretary may credit the alien with not more than 12 additional months of agricultural employment in the United States to meet such requirement if the alien was unable to work in agricultural employment due to— pregnancy, injury, or disease, if the alien can establish such pregnancy, disabling injury, or disease through medical records; illness, disease, or other special needs of a minor child, if the alien can establish such illness, disease, or special needs through medical records; severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period of time; or termination from agricultural employment, if the Secretary finds that the termination was without just cause and that the alien was unable to find alternative agricultural employment after a reasonable job search. A finding made under subparagraph (A)(iv), with respect to an alien, shall not— be conclusive, binding, or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party; or subject the alien's employer to the payment of attorney fees incurred by the alien in seeking to obtain a finding under subparagraph (A)(iv). The alien applies for adjustment of status not later than 7 years after the date of the enactment of this Act. The alien pays a fine of $400 to the Secretary. The Secretary shall deny an alien granted blue card status an adjustment of status under this section if— the Secretary finds, by a preponderance of the evidence, that the adjustment to blue card status was the result of fraud or willful misrepresentation, as described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ); or the alien— commits an act that makes the alien inadmissible to the United States under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), except as provided under section 105(b); is convicted of a felony or 3 or more misdemeanors committed in the United States; is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500; or failed to perform the agricultural employment required under paragraph (1)(A) of subsection
(a)unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph
(3)of such subsection. Any alien granted blue card status who does not apply for adjustment of status under this section before the expiration of the application period described in subsection (a)(4) or who fails to meet the other requirements of subsection
(a)by the end of the application period, is deportable and may be removed under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ). Not later than the date on which an alien’s status is adjusted under this section, the alien shall establish that the alien does not owe any applicable Federal tax liability by establishing that— no such tax liability exists; all such outstanding tax liabilities have been paid; or the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service. In paragraph
(1)the term applicable Federal tax liability means liability for Federal taxes, including penalties and interest, owed for any year during the period of employment required under subsection (a)(1) 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 an alien upon request to establish the payment of all taxes required by this subsection. Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted any adjustment of status under subsection (a), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident. The Secretary shall grant derivative status to the alien spouse and any minor child residing in the United States of an alien granted blue card status and shall not remove such derivative spouse or child during the period that the alien granted blue card status maintains such status, except as provided in paragraph (3). A grant of derivative status to such a spouse or child under this subparagraph shall not decrease the number of aliens who may receive blue card status under subsection
(h)of section 101. The derivative spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence. The derivative spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. The Secretary shall deny an alien spouse or child adjustment of status under paragraph
(1)and may remove such spouse or child under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) if the spouse or child— commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act ( 8 U.S.C. 1182 ), except as provided under section 105(b); is convicted of a felony or 3 or more misdemeanors committed in the United States; or is convicted of an offense, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.
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