Sec. 3. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
1,505 words·~7 min read·
/bill/115/s/1615/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions under this Act. Notwithstanding any other provision of law, the Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who is inadmissible or deportable from the United States or is in temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ), if— the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; the alien was younger than 18 years of age on the date on which the alien initially entered the United States; subject to paragraphs
(2)and (3), the alien— is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(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 has not been convicted of— any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and the alien— has been admitted to an institution of higher education; has earned a high school diploma or a commensurate alternative award from a public or private high school, or has obtained a general education development certificate recognized under State law or a high school equivalency diploma in the United States; or is enrolled in secondary school or in an education program assisting students in— obtaining a regular high school diploma or its recognized equivalent under State law; or in passing a general educational development exam, a high school equivalence diploma examination, or other similar State-authorized exam. With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) for humanitarian purposes or family unity or if the waiver is otherwise in the public interest. An expunged conviction shall not automatically be treated as an offense under paragraph (1). The Secretary shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the offense to determine whether, under the particular circumstances, the Secretary determines that the alien should be eligible for cancellation of removal, adjustment to permanent resident status on a conditional basis, or other adjustment of status. The Secretary shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, an alien who was granted DACA unless the alien has engaged in conduct since the alien was granted DACA that would make the alien ineligible for DACA. The Secretary may require an alien applying for permanent resident status on a conditional basis under this section to pay a reasonable fee that is commensurate with the cost of processing the application. An applicant may be exempted from paying the fee required under subparagraph
(A)if the alien— is younger than 18 years of age; received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and is in foster care or otherwise lacking any parental or other familial support; is younger than 18 years of age and is homeless; cannot care for himself or herself because of a serious, chronic disability; and received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or during the 12-month period immediately preceding the date on which the alien files an application under this section, accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. The Secretary may not grant an alien permanent resident status on a conditional basis 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 aliens who are unable to provide such biometric or biographic data because of a physical impairment. The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— to conduct security and law enforcement background checks of an alien seeking permanent resident status on a conditional basis under this section; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. The security and law enforcement background checks of an alien required under subparagraph
(A)shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. An alien applying for permanent resident status on a conditional basis under this section shall undergo a medical examination. The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of the examination required under subparagraph (A). An alien applying for permanent resident status on a conditional basis under this section shall establish that the alien has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. Any period of continuous physical presence in the United States of an alien who applies for permanent resident status on a conditional basis under this section 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) ). Except as provided in subparagraphs
(B)and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (b)(1)(A) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. The Secretary may extend the time periods described in subparagraph
(A)for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under subparagraph (A). The Secretary or the Attorney General may not remove an alien who appears prima facie eligible for relief under this section. The Secretary shall provide a reasonable opportunity to apply for relief under this section to any alien who requests such an opportunity or who appears prima facie eligible for relief under this section if the alien is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order. The Attorney General shall stay the removal proceedings of an alien who— meets all the requirements under subparagraphs (A), (B), and
(C)of subsection (b)(1), subject to paragraphs
(2)and
(3)of such subsection; is at least 5 years of age; and is enrolled in an elementary school, a secondary school, or an early childhood education program. The Secretary may not commence removal proceedings for an alien described in subparagraph (A). An alien whose removal is stayed pursuant to subparagraph
(A)or who may not be placed in removal proceedings pursuant to subparagraph
(B)shall, upon application to the Secretary, be granted an employment authorization document. The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph
(A)unless the alien ceases to meet the requirements under such subparagraph. 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 granted permanent resident status on a conditional basis under this Act.
Connectionstraces to 4
Citation graph
cites case law
Sec. 3
Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
Cites 4Cited by 0 across 0 sources