Sec. 2. Definitions
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In this Act: Except as otherwise specifically provided, any term used in this Act that is also used in the immigration laws shall have the meaning given such term in the immigration laws. The term alien enlistee means a conditional permanent resident that seeks to maintain or extend such status by complying with the requirements under this Act relating to enlistment and service in the Armed Forces of the United States. The term alien postsecondary student means a conditional permanent resident that seeks to maintain or extend such status by complying with the requirements under this Act relating to enrollment in, and graduation from, an institution of higher education in the United States.
The term conditional permanent resident means an alien described in subparagraph
(B)who is granted conditional permanent resident status under this Act. An alien granted conditional permanent resident status under this Act— shall not be considered to be an alien who is unlawfully present in the United States for purposes of the immigration laws, including section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ); shall not be considered a lawful permanent resident for the purpose of— petitioning for relatives under section 204(a) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a) ); or seeking adjustment of status under section 245(a) of such Act ( 8 U.S.C. 1255(a) ); has the intention to permanently reside in the United States; is not required to have a foreign residence which the alien has no intention of abandoning; and shall be considered to have been inspected and admitted for the purposes of section 245(a) of the Immigration and Nationality Act ( 8 U.S.C. 1255(a) ) after the condition on the alien’s permanent resident status has been removed pursuant to section 5. The term Federal public benefit means— the American Opportunity Tax Credit authorized under section 25A(i) of the Internal Revenue Code of 1986; the Earned Income Tax Credit authorized under section 32 of the Internal Revenue Code of 1986; the Health Coverage Tax Credit authorized under section 35 of the Internal Revenue Code of 1986; Social Security benefits authorized under title II of the Social Security Act ( 42 U.S.C. 401 et seq.); Medicare benefits authorized under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.); and benefits received under the Federal-State Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). The term immigration laws has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include an institution of higher education outside the United States. The terms active duty , active service , active status , and armed forces have the meanings given those terms in section 101 of title 10, United States Code. The term applicable Federal tax liability means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest on such taxes. The term Secretary means the Secretary of Homeland Security. The term significant misdemeanor means— a criminal offense involving— domestic violence; sexual abuse or exploitation, including sexually explicit conduct involving minors (as such terms are defined in section 2256 of title 18, United States Code); burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or driving under the influence or driving while intoxicated; or any other misdemeanor for which the individual was sentenced to a term of imprisonment of not less than 90 days (excluding a suspended sentence).
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U.S. Code
- Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits§ 1623
- Procedure for granting immigrant status§ 1154
- Adjustment of status of nonimmigrant to that of person admitted for permanent residence§ 1255
- Trust Funds§ 401
- Prohibition against any Federal interference§ 1395
- Approval of State laws§ 3304
- Definitions§ 1101
- Definition of institution of higher education for purposes of student assistance programs§ 1002
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Sec. 2
Definitions
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