Sec. 3. Cancellation of removal of certain long-term residents who entered the United States as children
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Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary may cancel the removal of an alien who is inadmissible or deportable from the United States and grant the alien conditional permanent resident status under this Act, if the alien— has been physically present in the United States for a continuous period since June 15, 2012; was younger than 16 years of age on the date on which the alien initially entered the United States; was younger than 31 years of age and had no lawful status in the United States on June 15, 2012; if 18 years of age or older— has, while in the United States, earned a high school diploma, obtained a general education development certificate recognized under State law, or received a high school equivalency diploma; has been admitted to an institution of higher education in the United States; or has served, is serving, or has enlisted in the Armed Forces of the United States; if younger than 18 years of age— is attending, or has enrolled in, a primary or secondary school; or is attending, or has enrolled in, a postsecondary school; has been a person of good moral character (as defined in section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) )) since the date on which the alien initially entered the United States; has paid any applicable Federal tax liability or has agreed to cure such liability through a payment installment plan that has been approved by the Internal Revenue Service; subject to paragraph (2)— is not inadmissible under paragraph (1), (2), (3), (4), (6)(C), (6)(E), (8), (9)(C) or
(10)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and is not inadmissible under subparagraph
(A)of section 212(a)(9) of such Act (unless the Secretary determines that the sole basis for the alien’s removal under such subparagraph was unlawful presence under subparagraph
(B)of such section 212(a)(9)); is not deportable under paragraph (1)(D), (1)(E), (1)(G), (2), (3), (4), (5), or
(6)of section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(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— a felony under Federal or State law, regardless of the sentence imposed; any combination of offenses under Federal or State law for which the alien was sentenced to imprisonment for at least 1 year; or a significant misdemeanor; and has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien— has remained in the United States under color of law after such final order was issued; or received the final order before attaining 18 years of age. The Secretary may waive, on a case-by-case basis, a ground of inadmissibility under paragraph (1), (4), (6)(B), or (6)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and a ground of deportability under paragraph (A), (B), (C), or
(E)of section 237(a)(1) of such Act ( 8 U.S.C. 1227(a)(1) ) for humanitarian purposes or if such waiver is otherwise in the public interest. Not later than 180 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to Congress that identifies— the number of waivers under this paragraph that were requested by aliens during the preceding quarter; the number of such requests that were granted; and the number of such requests that were denied. The Secretary shall issue regulations that provide a procedure for eligible individuals to affirmatively apply for the relief available under this subsection without being placed in removal proceedings. The regulations issued pursuant to subparagraph
(A)shall include a requirement that each alien applying for conditional permanent resident status under this Act who is at least 18 years of age sign, under penalty of perjury, an acknowledgment confirming that the alien was notified and understands that he or she will be ineligible for any form of relief or immigration benefit under this Act or other immigration laws other than withholding of removal under section 241(b)(3), or relief from removal based on a claim under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York, December 10, 1984, if the alien violates a term for conditional permanent resident status under this Act. Notwithstanding an acknowledgment under clause (ii), the Secretary may allow an alien who violated the terms of conditional permanent resident status (other than a criminal alien or an alien deemed to be a national security or public safety risk) to seek relief from removal if the Secretary determines that such relief is warranted for humanitarian purposes or if otherwise in the public interest. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a determination by the Secretary under clause (iii). The Secretary may not cancel the removal of an alien or grant conditional permanent resident status to the alien under this Act unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical disability or impairment. The Secretary shall utilize biometric, biographic, and other data that the Secretary determines is appropriate, including information obtained pursuant to subparagraph (C)— to conduct security and law enforcement background checks of an alien seeking relief under this subsection; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief. The security and law enforcement background checks required under subparagraph
(A)shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary cancels the removal of the alien under this Act. The Secretary, in cooperation with the Secretary of State, shall seek to obtain information about any criminal activity the alien engaged in, or for which the alien was convicted in his or her country of nationality, country of citizenship, or country of last habitual residence, from INTERPOL, EUROPOL, or any other international or national law enforcement agency of the alien’s country of nationality, country of citizenship, or country of last habitual residence. An alien applying for relief available under this subsection shall undergo a medical examination conducted by a designated civil surgeon pursuant to procedures established by the Secretary. An alien applying for relief available under this subsection shall establish that the alien has registered for the Selective Service under the Military Selective Service Act ( 50 U.S.C. App. 451 et seq.) if the alien is subject to such registration requirement under such Act. 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, an alien may be eligible for— conditional permanent resident status under this Act; removal of the conditional basis of the permanent resident status under section 5; or adjustment to permanent resident status under this Act. Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a determination by the Secretary under subparagraph (A). For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under subsection
(a)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) ). Excepted as provided in paragraph (2), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a)(1)(A) if the alien has departed from the United States for— any period exceeding 90 days; or any periods exceeding 180 days, in the aggregate, during a 5-year period. The Secretary may extend the periods described in paragraph
(1)by 90 days if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be not less compelling than the serious illness of the alien, or the death or serious illness of the alien’s parent, grandparent, sibling, or child. Any time spent outside of the United States that is due to the alien’s active service in the Armed Forces of the United States shall not be counted towards the time limits set forth in paragraph (1). Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish regulations implementing this section. Notwithstanding section 553 of title 5, United States Code, the regulations required under paragraph
(1)shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment. Within a reasonable time after publication of the interim regulations under paragraph (1), the Secretary shall publish final regulations implementing this section. The Secretary may not seek to remove an alien who establishes prima facie eligibility for cancellation of removal and conditional permanent resident status under this Act until the alien has been provided with a reasonable opportunity to file an application for conditional permanent resident status under this Act.
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Sec. 3
Cancellation of removal of certain long-term residents who entered the United States as children
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