Sec. 1301. Adjustment of status for certain recipients of temporary protected status
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Section 245 ( 8 U.S.C. 1255 ) is amended by adding at the end the following: If, in the opinion of the Secretary of the Homeland Security Department, a person granted temporary protected status under section 244— has been physically present in the United States in that status for a continuous period of at least 5 years; has at all times been a person of good moral character; has never been convicted of a criminal offense in the United States; in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment; in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and in the case of an alien 18 years of age or older, has performed at least 40 hours of community service; the Secretary may adjust the status of the alien to that of an alien lawfully admitted for permanent residence.
An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States. The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2). The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section.
When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section. The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section. .
Section 244 ( 8 U.S.C. 1254a ) is amended by striking subsection
(h)and redesignating subsection
(i)as subsection (h).
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Sec. 1301
Adjustment of status for certain recipients of temporary protected status
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