Sec. 4. Cancellation of removal of certain long-term residents who entered the United States as children
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Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence that— the alien has been physically present in the United States for a continuous period since January 1, 2010; the alien was younger than 16 years of age on the date the alien initially entered the United States; the alien, if the alien is 18 years of age or older— has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, obtained a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; the alien has been admitted to an institution of higher education in the United States; or the alien has a valid work authorization; the alien has been a person of good moral character (as defined in section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) )) since the date the alien initially entered the United States; subject to paragraph (2), the alien— is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or
(6)of section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ); 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 other than an offense under State or local law for which an essential element was the alien’s immigration status, a minor traffic offense, or a violation of this Act, has not been convicted of— any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or three or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for a total of not more than 1 year; and the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien— has remained in the United States under color of law after such order was issued; or received the order before attaining the age of 18 years. With respect to any benefit under this Act, the Secretary of Homeland Security may waive subclauses
(I)and
(II)of subsection (a)(1)(E)(iv) of this section, the ground of inadmissibility under paragraph (1), (4), or
(6)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and the ground of deportability under paragraph
(1)of section 237(a) of that Act ( 8 U.S.C. 1227(a) ), for humanitarian purposes or family unity or when it is otherwise in the public interest. The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings. The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment. The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate— to conduct security and law enforcement background checks of an alien seeking relief available under this subsection; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief. The security and law enforcement background checks required by subparagraph
(A)shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subsection. An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of such observation and examination. An alien applying for relief available under this subsection shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act. For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under subsection
(a)shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection
(a)if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. The Secretary of Homeland Security may extend the time periods described in paragraph
(1)by 90 days if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section. Notwithstanding section 553 of title 5, United States Code, the regulations required by paragraph
(1)shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment. Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section. The Secretary of Homeland Security may not remove any alien who— has a pending application for conditional nonimmigrant status under this Act; or establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status under subsection
(a)and is provided a reasonable opportunity to file an application under subsection (a).
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Sec. 4
Cancellation of removal of certain long-term residents who entered the United States as children
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