Sec. 435. Waiver of numerical limitations and certain grounds for inadmissibility
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The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under section 103. In the determination of an alien’s eligibility for status under section 101(a) or an alien’s eligibility for adjustment of status under section 103(b)(2)(A) the following rules shall apply: The provisions of paragraphs (5), (6)(A), (7), and
(9)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. Except as provided in subparagraph (B), the Secretary may waive any other provision of such section 212(a) in the case of individual aliens for humanitarian purposes, to ensure family unity, or if otherwise in the public interest. Subparagraphs (A), (B), (C), (D), (G), (H), and
(I)of paragraph
(2)and paragraphs
(3)and
(4)of such section 212(a) may not be waived by the Secretary under subparagraph (A). Nothing in this paragraph shall be construed as affecting the authority of the Secretary other than under this subparagraph to waive provisions of such section 212(a). An alien is not ineligible for blue card status or an adjustment of status under section 103 by reason of a ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) ) if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance. Effective on the date of enactment of this Act, the Secretary shall provide that, in the case of an alien who is apprehended before the beginning of the application period described in section 101(a)(2) and who can establish a nonfrivolous case of eligibility for blue card status (but for the fact that the alien may not apply for such status until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for blue card status, the alien— may not be removed; and shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose. The Secretary shall provide that, in the case of an alien who presents a nonfrivolous application for blue card status during the application period described in section 101(a)(2), including an alien who files such an application within 30 days of the alien’s apprehension, and until a final determination on the application has been made in accordance with this section, the alien— may not be removed; and shall be granted authorization to engage in employment in the United States and be provided an employment authorized endorsement or other appropriate work permit for such purpose.
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Sec. 435
Waiver of numerical limitations and certain grounds for inadmissibility
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