Sec. 4. Cancellation of removal and adjustment of status of certain 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 shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 5, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that— the alien has been continuously present in the United States since December 31, 2016, and was younger than 18 years of age on the date the alien initially entered the United States; and the alien is not inadmissible under paragraph (2), (3), (8), (10)(A), (10)(C), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ).
Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the application of section 212(a)(2) of the Immigration and Nationality Act where the ground of inadmissibility pertains to an offense for which immigration status is an essential element, a misdemeanor offense (or its equivalent), or any other offense that is not a crime of violence, when such waiver serves humanitarian purposes or family unity or is otherwise in the public interest. The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this subsection without requiring placement in removal proceedings.
Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. An individual shall not be considered ineligible to apply for such relief because the individual is in removal proceedings or has previously been ordered removed. The Secretary of Homeland Security, in coordination with other departments and agencies as appropriate, shall conduct background checks on all aliens under this subsection. For purposes of this section, any period of continuous presence in the United States of an alien who applies for cancellation of removal under this section shall not be considered to have terminated 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 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, unless such departure was authorized by the Secretary of Homeland Security. An alien who departed from the United States after the date of enactment of this Act shall not be considered to have failed to maintain continuous presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. The Secretary of Homeland Security may extend the time periods described in paragraph
(1)if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. Exceptional circumstances sufficient to justify an extension may include the serious illness of the alien, or death or serious illness of a spouse, parent, grandparent, sibling, or child. Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section. Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall publish proposed regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment. Within a reasonable time and no later than 180 days after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section. Any alien receiving an adverse determination on the application for cancellation of removal and conditional lawful permanent resident status under this section may request review of such determination by the Secretary of Homeland Security. Notwithstanding any other provision of law, the Secretary of Homeland Security may not remove any alien who has a pending application for conditional permanent resident status, or is prima facie eligible for such status, under section 5 of this Act.
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Sec. 4
Cancellation of removal and adjustment of status of certain residents who entered the United States as children
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