Sec. 606. Prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status
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Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by striking the section heading and subsection
(a)and inserting the following: The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-petitioner may be adjusted by the Secretary of Homeland Security or Attorney General, in the discretion of the Secretary of Homeland Security or Attorney General, and under such regulations as the Secretary of Homeland Security or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if— the alien makes an application for such adjustment; the alien is eligible to receive an immigrant visa, is admissible to the United States for permanent residence, and is not subject to exclusion, deportation, or removal from the United States; and an immigrant visa is immediately available to the alien at the time the alien’s application is filed. For purposes of this section, the term immediately available means that on the date of filing of the application for adjustment of status, the visa category under which the alien is seeking permanent residence is current as determined by the Secretary of State and reflected in the Department of State’s visa bulletin for the month in which the application for adjustment of status is filed. Notwithstanding any provision in this section, the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, may— prohibit an alien from seeking an adjustment of status under paragraph
(1)while the alien is present in the United States; and require the alien to seek permanent residence by applying for an immigrant visa at a United States embassy or consulate in the alien’s home country or other foreign country, as designated by the Secretary of State, if the Secretary of Homeland Security determines that the alien may be a threat to national security or public safety or if the Secretary of Homeland Security determines that a favorable exercise of discretion to allow such adjustment of status in the United States is not warranted. . Subsection
(c)of section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255(c) ) is amended to read as follows: Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection
(a)shall not be applicable to— an alien crewman; subject to subsection (k), an alien (other than an immediate relative as defined in section 201(b) or a special immigrant described in subparagraph (H), (I), (J), or
(K)of section 101(a)(27)) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States; any alien admitted in transit without visa under section 212(d)(4)(C); an alien (other than an immediate relative as defined in section 201(b)) who was admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217; an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S); an alien who described in section 237(a)(4)(B), (F), or (G); any alien who seeks adjustment of status to that of an immigrant under section 203(b) and is not in a lawful nonimmigrant status; any alien who at any time has committed, 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; or any alien who was employed while the alien was an unauthorized alien, as defined in section 274A(h)(3), or who has otherwise violated the terms of a nonimmigrant visa. .
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Sec. 606
Prohibition on terrorists and aliens who pose a threat to national security or public safety from receiving an adjustment of status
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