Sec. 2. Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status
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Title II of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following: The status of any alien described in subsection
(c)shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien— applies for such adjustment within 3 years after the date of the enactment of this section; is determined to be admissible to the United States for permanent residence; and meets the criteria established under subsection (c). For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. An alien shall be eligible for adjustment of status if the alien— is a national of El Salvador who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before the date of the enactment of this section; and has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this section. Notwithstanding any provision of this Act, an alien who fails to meet the continuous physical presence requirement under paragraph
(2)of subsection
(c)shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien— is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; applies for adjustment under this section within 3 years after the date of the enactment of this section; and is determined to be admissible to the United States for permanent residence. For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to— applicants for adjustment of status under section 245; and aliens subject to removal proceedings under section 240. The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of this Act. An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection
(c)because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. In this section, the term domestic partner means an adult of at least 18 years of age in a committed relationship with an alien applying for adjustment of status under this section. A committed relationship is one in which the employee and the domestic partner of the employee are each other’s sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other’s common welfare and financial obligations. This includes any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including a civil union). . The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 244 the following: Sec. 244A. Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status. .
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Sec. 2
Adjustment of status for certain nationals of El Salvador granted or eligible for temporary protected status
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