Sec. 1102. Contingent nonimmigrant status eligibility and application

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Notwithstanding any other provision of law, the Secretary may grant contingent nonimmigrant status to an alien who— meets the eligibility requirements set forth in subsection (b); submits a completed application before the end of the period set forth in subsection (c)(2); and has paid the fees required under subsection (c)(5). An alien is eligible for contingent nonimmigrant status if the alien establishes by clear and convincing evidence that the alien meets the requirements set forth in this subsection.

The requirements under this paragraph are that the alien— is physically present in the United States on the date on which the alien submits an application for contingent nonimmigrant status; was physically present in the United States on June 15, 2007; was younger than 16 years of age on the date the alien initially entered the United States; is a person of good moral character; was under 31 years of age on June 15, 2012; has maintained continuous physical presence in the United States from June 15, 2012, until the date on which the alien is granted contingent nonimmigrant status under this section; had no lawful immigration status on June 15, 2012; and has requested the release to the Department of Homeland Security of all records regarding their being adjudicated delinquent in State or local juvenile court proceedings, and the Department has obtained all such records.

An alien may not be granted contingent nonimmigrant status under this section unless the alien establishes by clear and convincing evidence that the alien— is enrolled in, and is in regular full-time attendance at, an educational institution within the United States; or has acquired a diploma or degree from a high school in the United States or the equivalent of such a diploma as recognized under State law (such as a general equivalency diploma, certificate of completion, or certificate of attendance).

An alien shall demonstrate compliance with clause

(i)or

(ii)of subparagraph

(A)by providing a valid certified transcript or diploma from the educational institution the alien is enrolled in or from which the alien has acquired a diploma or certificate. Subparagraph

(A)shall not apply in the case of an alien if the Secretary determines on a case by case basis that the alien is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph. An alien is ineligible for contingent nonimmigrant status if the Secretary determines that the alien— has a conviction for— an offense classified as a felony in the convicting jurisdiction; an aggravated felony (except that in applying such term for purposes of this paragraph, subparagraph

(N)of section 101(a)(43) does not apply); an offense classified as a misdemeanor in the convicting jurisdiction which involved— domestic violence (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )); child abuse or neglect (as such term is defined in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) )); assault resulting in bodily injury (as such term is defined in section 2266 of title 18, United States Code); or the violation of a protection order (as such term is defined in section 2266 of title 18, United States Code); one or more offenses classified as a misdemeanor in the convicting jurisdiction which involved driving while intoxicated or driving under the influence (as such terms are defined in section 164(a)(2) of title 23, United States Code); two or more misdemeanors (excluding minor traffic offenses that did not involve driving while intoxicated or driving under the influence, or that did not subject any individual other than the alien to bodily injury); or any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) or deportable under section 237(a) of such Act ( 8 U.S.C. 1227(a) ); has been adjudicated delinquent in a State or local juvenile court proceeding for an offense equivalent to— an offense relating to murder, manslaughter, homicide, rape (whether the victim was conscious or unconscious), statutory rape, or any offense of a sexual nature involving a victim under the age of 18 years, as described in section 101(a)(43)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(A) ); a crime of violence, as such term is defined in section 16 of title 18, United States Code; or an offense punishable under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ); has a conviction for any other criminal offense, with regard to which the alien has not satisfied any requirement to pay restitution or any civil legal judgements awarded to any victims (or family members of victims) of the crime; is described in section 212(a)(2)(N) of the Immigration and Nationality Act ( 8 U.S.C. 1882(a)(2) ) (relating to aliens associated with criminal gangs); is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except that in determining an alien’s inadmissibility, paragraphs (5)(A), (6)(A), (6)(D), (6)(G), (7), (9)(B), and (9)(C)(i)(I) of such section shall not apply; is deportable under section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ), except that in determining an alien’s deportability— subparagraph

(A)of section 237(a)(1) of such Act shall not apply with respect to grounds of inadmissibility that do not apply pursuant to subparagraph

(C)of such section; and subparagraphs

(B)through

(D)of section 237(a)(1) and section 237(a)(3)(A) of such Act shall not apply; was, on the date of the enactment of this Act— an alien lawfully admitted for permanent residence; an alien admitted as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), or granted asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1157 and 1158); or an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status, notwithstanding any unauthorized employment or other violation of nonimmigrant status; has failed to comply with the requirements of any removal order or voluntary departure agreement; has been ordered removed in absentia pursuant to section 240(b)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(5)(A) ), unless the case has been reopened; if over the age of 18, has failed to demonstrate that he or she is able to maintain himself or herself at an annual income that is not less than 125 percent of the Federal poverty level throughout the period of admission as a contingent nonimmigrant, unless the alien has demonstrated that the alien is enrolled in, and is in regular full-time attendance at, an educational institution within the United States, except that the requirement under this subparagraph shall not apply in the case of an alien if the Secretary determines on a case by case basis that the alien— is unable because of a physical or developmental disability or mental impairment to meet the requirement of such subparagraph; or is the primary caregiver of— a child under 18 years of age; or a child 18 years of age or over, spouse, parent, grandparent, or sibling, who is incapable of self-care because of a mental or physical disability or who has a serious injury or illness (as such term is defined in section 101(18) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(18) )); has not attested that such alien is not delinquent with respect to any Federal, State, or local income or property tax liability, and has not attested that such alien does not have income that would result in tax liability under section 1 of the Internal Revenue Code of 1986 and that was not reported to the Internal Revenue Service; or has at any time been convicted of sexual assault. For purposes of paragraph (2), any period of travel outside the United States by an alien that was authorized by the Secretary may not be considered to interrupt any period of continuous physical presence. An alien may apply for contingent nonimmigrant status by submitting a completed application form via electronic filing to the Secretary during the application period set forth in paragraph (2), in accordance with the interim final rule made by the Secretary under section 1107. The Secretary may only accept applications for contingent nonimmigrant status from aliens in the United States during the 1-year period beginning on the date on which the interim final rule is published in the Federal Register pursuant to section 1107, except that the Secretary may extend such period for not more than one 90-day period. The application form referred to in paragraph

(1)shall collect such information as the Secretary determines to be necessary and appropriate in order to determine whether an alien meets the eligibility requirements set forth in subsection (b). The Secretary shall by rule require applicants to provide substantiating information necessary to evaluate the attestation of the alien relevant to the grounds of ineligibility under subsection (b)(4)(K), including, as applicable, tax returns and return information available to the applicant under section 6103(e) of the Internal Revenue Code of 1986 ( 26 U.S.C. 6103(e) ), evidence of tax refunds, and receipts of taxes paid. The Secretary may conduct an in-person interview of each applicant for contingent nonimmigrant status under this section as part of the determination as to whether the alien meets the eligibility requirements set forth in subsection (b). An application filed by an alien under this section shall include the following: One or more of the following documents demonstrating the alien’s identity: A passport (or national identity document) from the alien’s country of origin. A certified birth certificate along with photo identification. A State-issued identification card bearing the alien’s name and photograph. An Armed Forces identification card issued by the Department of Defense. A Coast Guard identification card issued by the Department of Homeland Security. A document issued by the Department of Homeland Security. A travel document issued by the Department of State. A certified copy of the alien’s birth certificate or certified school transcript demonstrating that the alien satisfies the requirement of subsection (b)(2)(C) and (E). A certified school transcript demonstrating that the alien satisfies the requirements of subsection (b)(3). Aliens applying for contingent nonimmigrant status under this section shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. The processing fee authorized under clause

(i)shall be set at a level that is, at a minimum, sufficient to recover the full costs of processing the application, including any costs incurred— to adjudicate the application; to take and process biometrics; to perform national security and criminal checks; to prevent and investigate fraud; and to administer the collection of such fee. Fees collected under clause

(i)shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ). Aliens applying for contingent nonimmigrant status under this section shall pay a one-time border security fee to the Department of Homeland Security in an amount of $1,000, which may be paid in installments. Fees collected under clause

(i)shall be available, to the extent provided in advance in appropriation Acts, to the Secretary of Homeland Security for the purposes of carrying out division A, and the amendments made by that division. If an alien who is apprehended during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in paragraph

(2)appears prima facie eligible for contingent nonimmigrant status, to the satisfaction of the Secretary, the Secretary— shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and may not remove the individual until the Secretary has denied the application, unless the Secretary, in the Secretary’s sole and unreviewable discretion, determines that expeditious removal of the alien is in the national security, public safety, or foreign policy interests of the United States, or the Secretary will be required for constitutional reasons or court order to release the alien from detention. Notwithstanding any other provision of this division, if the Secretary determines that an alien, during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (c)(2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for contingent nonimmigrant status under this section— the Secretary shall provide the alien with the opportunity to file an application for such status; and upon motion by the alien and with the consent of the Secretary, the Executive Office for Immigration Review shall— provide the alien a reasonable opportunity to apply for such status; and if the alien applies within the time frame provided, suspend such proceedings until the Secretary has made a determination on the application. If an alien who meets the eligibility requirements set forth in subsection

(b)is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States pursuant to section 212(a)(6)(A)(i) or 237(a)(1)(B) or

(C)of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(A)(i) , 1227(a)(1)(B) or (C)), the Secretary shall provide the alien with the opportunity to file an application for contingent nonimmigrant status provided that the alien has not failed to comply with any order issued pursuant to section 239 or 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229 , 1229c). During the period beginning on the date on which an alien applies for contingent nonimmigrant status under subsection

(c)and ending on the date on which the Secretary makes a determination regarding such application, an otherwise removable alien may not be removed from the United States unless— the Secretary makes a prima facie determination that such alien is, or has become, ineligible for contingent nonimmigrant status under subsection (b); or the Secretary, in the Secretary’s sole and unreviewable discretion, determines that removal of the alien is in the national security, public safety, or foreign policy interest of the United States. The Secretary may not grant contingent nonimmigrant status to an alien under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary. The Secretary may provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph

(A)due to a physical impairment. The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate— to conduct national security and law enforcement checks; and to determine whether there are any factors that would render an alien ineligible for such status. The Secretary, in consultation with the Secretary of State and the heads of other agencies as appropriate, shall conduct an additional security screening upon determining, in the Secretary’s opinion based upon information related to national security, that an alien is or was a citizen or resident of a region or country known to pose a threat, or that contains groups or organizations that pose a threat, to the national security of the United States. The required clearances and screenings described in clauses (i)(I) and

(ii)shall be completed before the alien may be granted contingent nonimmigrant status. No information provided in a nonfraudulent application for contingent nonimmigrant status which is related to the immigration status of the parent of an applicant for such status, which is not otherwise available to the Secretary of Homeland Security, may be used for the purpose of initiating or proceeding with removal proceedings with respect to such a parent. Beginning on the date of the enactment of this Act and ending on the date on which an alien’s application for contingent nonimmigrant status has been finally adjudicated, the Secretary shall, upon the application of an alien— renew the employment authorization for an alien who possesses an Employment Authorization Document that was valid on the date of the enactment of this Act, and that was issued pursuant to the June 15, 2012, U.S. Department of Homeland Security Memorandum entitled, Exercising Prosecutorial Discretion With Respect to Individuals Who Came to the United States as Children who demonstrates economic necessity; and grant employment authorization to an alien who appears prima facie eligible for contingent nonimmigrant status, who attains the age of 15 after the date of the enactment of this Act, and who demonstrates economic necessity.

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