Sec. 5. Removal of conditional basis for permanent residence
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/bill/115/s/1852/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An alien who has been a conditional permanent resident under this Act for at least 10 years may file an application with the Secretary, in accordance with subsection (c), to remove the conditional basis on permanent residence and to have the alien’s status adjusted to that of an alien lawfully admitted for permanent residence. The application shall include the required fee and shall be filed in accordance with the procedures established by the Secretary. If the Secretary determines that an alien who filed an application under subsection
(a)meets the requirements described in subsection (d), the Secretary shall— notify the alien of such determination; and adjust the alien’s status to that of an alien lawfully admitted for permanent residence. If the Secretary determines that an alien who files an application under subsection
(a)does not meet the requirements described in subsection (d), the Secretary shall— notify the alien of such determination; and terminate the conditional permanent resident status of the alien. Applications for adjustment of status described in subsection
(a)shall be filed during the period— beginning 180 days before the expiration of the 10-year period of conditional permanent resident status under this Act; and ending— 10 years after the date on which conditional permanent resident status was initially granted to the alien under this Act; or after the conditional basis on such status has been removed. An alien shall be deemed to be in conditional permanent resident status in the United States during the period in which an application filed by the alien under subsection
(a)is pending. Each application filed by an alien under subsection
(a)shall contain information to permit the Secretary to determine whether the alien— has been a conditional permanent resident under this Act for at least 10 years; has demonstrated good moral character during the entire period the alien has been a conditional permanent resident under this Act; is in compliance with section 3(a)(1); and has not abandoned the alien’s residence in the United States. For purposes of paragraph (1)— the Secretary shall presume that an alien has abandoned the alien’s residence in the United States if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional permanent resident status under this Act, unless the alien demonstrates that the alien has not abandoned the alien’s residence; and an alien who is absent from the United States due to active service in the Armed Forces of the United States has not abandoned the alien’s residence in the United States during the period of such service. Except as provided in paragraph (2), an alien granted conditional permanent resident status under this Act may not have the conditional basis for permanent residency removed or be adjusted to permanent resident status unless the alien demonstrates to the satisfaction of the Secretary that the alien satisfies the requirements under section 312(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a)(1) ). Paragraph
(1)shall not apply to an alien who the Secretary determines is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph. The Secretary, in coordination with the Secretary of Health and Human Services and the Surgeon General, shall establish procedures for making determinations under this subsection. Not later than the date on which an application is filed under subsection
(a)for adjustment of status, the alien shall satisfy any applicable Federal tax liability due and owing on such date. The Secretary may not adjust the status of an alien 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 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 appropriate— to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such adjustment of status. The security and law enforcement background checks required under paragraph
(1)shall be completed with respect to an alien, to the satisfaction of the Secretary, before the date on which the Secretary grants adjustment of status to such alien. 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 eligible for adjustment of status under this section. If an alien has satisfied all of the requirements under section 3(a)(1) as of the date of the enactment of this Act, the Secretary may cancel the removal of the alien and permit the alien to apply for conditional permanent resident status under this Act. After the initial period of conditional permanent resident status described in section 4(a), the Secretary shall extend such alien’s conditional permanent resident status and permit the alien to apply for adjustment of status in accordance with subsection
(a)if the alien has met the requirements under section 4(d) during the entire period of conditional permanent resident status under this Act.
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Sec. 5
Removal of conditional basis for permanent residence
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