Sec. 6. Adjustment of status
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A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien’s status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under penalty of perjury, the facts and information so that the Secretary may make the determination described in subsection (b)(1). If an application is filed in accordance with subsection
(a)for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subsection (d). Notwithstanding any other provision of law, including paragraphs (2), (3), (4), and
(8)of section 245(c) of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) ), if the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and adjust the alien’s status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application. If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional nonimmigrant status of the alien as of the date of the determination. An alien shall file an application for adjustment of status during the period— beginning on the date on which the alien obtained an extension of status under section 5(d); and ending on either the date that is 10 years after the date of the initial grant of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional nonimmigrant status in the United States during the period in which such application is pending. Each application for an alien under subsection
(a)shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met: The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant. The alien is in compliance with section 4(a)(1)(E). The alien has not abandoned the alien’s residence in the United States. For purposes of this paragraph— the Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 730 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien’s residence; and an alien who is absent from the United States due to active service in the armed forces has not abandoned the alien’s residence in the United States during the period of such service. Except as provided in paragraph (2), the status of a conditional nonimmigrant shall not be adjusted to permanent resident status unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ). Paragraph
(1)shall not apply to an alien who is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph. Not later than the date on which an application is filed under subsection
(a)for adjustment of status, the alien shall satisfy any applicable Federal tax liability due and owing on such date. For purposes of paragraph (1), the term applicable Federal tax liability means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest thereon. The Secretary of Homeland Security may not adjust the status of an alien under this section 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 appropriate— to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such adjustment of status. The security and law enforcement background checks required by paragraph
(1)shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary grants adjustment of status. Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this section. An alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence may be naturalized upon compliance with all the requirements of the immigration laws. For purposes of section 316(a), an alien enlistee whose status was adjusted under this section shall be deemed to have satisfied the requirements of paragraphs
(1)and
(2)of such section, and may apply for naturalization.
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