Sec. 4. Cancellation of removal of certain long-term residents who entered the United States as children

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Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq.) is amended by adding at the end the following: In this section: The term active duty has the meaning given the term in section 101 of title 10, United States Code. The term active service has the meaning given the term in section 101 of title 10, United States Code. The term active status has the meaning given the term in section 101 of title 10, United States Code. The term alien enlistee means a conditional permanent resident who seeks to maintain or extend conditional permanent resident status by means of satisfaction of the requirements of this section relating to enlistment and service in the Armed Forces.

The term alien postsecondary student means a conditional permanent resident who seeks to maintain or extend such conditional permanent resident status by means of satisfaction of the requirements of this section relating to enrollment in, and graduation from, an institution of higher education. The term Armed Forces has the meaning given the term armed forces in section 101 of title 10, United States Code. The term conditional permanent resident means an alien who is granted conditional permanent resident status under subsection (b)(1)(A).

Subparagraph

(B)of section 101(a)(48) shall not apply to the term conviction . The term conviction does not include— an adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated; an order of probation without entry of judgment; or any similar disposition. 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 ). The term institution of higher education does not include an institution of higher education outside the United States. The term Secretary means the Secretary of Homeland Security. Notwithstanding any other provision of law and except as otherwise provided in this section, the Secretary may cancel the removal of, and grant conditional permanent resident status to, an alien who— meets the qualifications described in subparagraph (B); and is inadmissible under section 212(a) or deportable under section 237(a); or is the child of an alien who is lawfully present in the United States pursuant to the status described in section 101(a)(15)(E)(ii). To qualify for cancellation of removal or conditional permanent resident status under subparagraph (A), an alien shall submit an application and supporting documentation that demonstrates by the preponderance of the evidence that— the alien has been physically present in the United States for a continuous period since January 1, 2012; on the date on which the alien initially entered the United States, the alien was under 16 years of age; in the case of an alien who is 18 years of age or older on the date on which the alien submits an application under this subsection, the alien has— earned— a high school diploma; or a commensurate alternative award from a public or private high school or secondary school; obtained— a general education development certificate recognized under State law; or a high school equivalency diploma in the United States; been admitted to an institution of higher education; or valid employment authorization; the alien has been a person of good moral character since the date on which the alien initially entered the United States; subject to subparagraph (C)— the alien is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (8), (10)(A), (10)(C), or (10)(D) of section 212(a); the alien is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or

(6)of section 237(a); the alien 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 other than an offense under State or local law for which an essential element is the immigration status of the alien, a minor traffic offense, or a violation of this section, the alien has not been convicted of— any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or any combination of offenses under Federal or State law, for which the alien was sentenced to imprisonment for a total of more than 1 year; and the alien has never been subject to a final administrative or judicial order of exclusion, deportation, or removal, except if the alien— has remained in the United States under color of law after the date on which the order was issued; or received the order before the date on which the alien attained the age of 18 years. With respect to any benefit under this section, for humanitarian purposes, family unity, or for any other purpose for which a waiver would otherwise be in the public interest, the Secretary may waive— subparagraph (B)(v)(IV); the grounds of inadmissibility under paragraphs (1), (4), and

(6)of section 212(a); and the grounds of deportability under paragraph

(1)of section 237(a). The Secretary shall provide, by regulation, a procedure that allows eligible individuals to apply affirmatively for conditional permanent resident status under this paragraph without being placed in removal proceedings. The Secretary may not cancel the removal of an alien or grant conditional permanent resident status to an alien under this paragraph unless the alien submits to the Secretary biometric and biographical data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for the submission of biometric and biographical data for any applicant for conditional permanent resident status who is unable to provide biometric or biographical data due to a physical impairment. The Secretary shall use biometric, biographical, and other data determined by the Secretary to be appropriate— to conduct security and law enforcement background checks of any alien seeking cancellation of removal or conditional permanent resident status under this paragraph; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for cancellation of removal or conditional permanent resident status. The security and law enforcement background checks under clause

(i)shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary cancels the removal of, or grants conditional resident status to, the alien under this paragraph. An alien who applies for cancellation of removal or conditional permanent resident status under this paragraph shall undergo a medical observation and examination in accordance with the policies and procedures prescribed under clause (ii). The Secretary, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature and timing of medical observations and examinations for aliens applying for cancellation of removal or conditional permanent resident status under this paragraph. An alien subject to registration under the Military Selective Service Act ( 50 U.S.C. App. 451 et seq.) who applies for cancellation of removal or conditional permanent resident status under this paragraph shall provide to the Secretary evidence that the alien has registered that Act. For purposes of this subsection, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal or conditional permanent resident status under paragraph

(1)shall not terminate on the date on which the alien is served a notice to appear under section 239(a). For purposes of paragraph (1)(B)(i), an alien shall be considered to have failed to maintain continuous physical presence in the United States if the alien has remained outside the United States— for any period of more than 90 days; or for 2 or more periods the total of which is more than 180 days. The Secretary may extend a time period described in clause

(i)or

(ii)of subparagraph

(A)by not more than 90 days if an alien demonstrates that the failure of the alien to timely return to the United States was due to exceptional circumstances, which shall be no less compelling than— the serious illness of the alien; or the death or serious illness of a parent, grandparent, sibling, or child of the alien. Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register interim regulations to implement this subsection. Notwithstanding section 553 of title 5, United States Code, the interim regulations published under subparagraph (A)— shall be effective, on an interim basis, immediately on the date on which the regulations are published; but may be subject to change and revision after public notice and a period of public comment. Within a reasonable period after the publication of the interim regulations under subparagraph (A), the Secretary shall publish final regulations to implement this subsection. The Secretary may not remove any alien who— has a pending application for conditional permanent resident status under this subsection; or establishes prima facie eligibility for cancellation of removal or conditional permanent resident status under paragraph (1); and is provided a reasonable opportunity to submit an application under that paragraph. Conditional permanent resident status granted under subsection (b)(1) shall be valid for an initial period of 5 years, subject to termination under paragraph (4). A conditional permanent resident— 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 be considered to be an alien lawfully admitted for permanent residence in the United States on a conditional basis; shall be considered to have the intent to permanently reside in the United States; shall not be required to have a foreign residence that the alien has no intention of abandoning; and shall be considered to have been inspected and admitted for the purposes of section 245(a). A conditional permanent resident shall be authorized— to be employed in the United States incident to conditional permanent resident status; and to enlist in the Armed Forces under section 504(b)(1)(D) of title 10, United States Code. A conditional permanent resident may— travel outside the United States; and if otherwise admissible, be admitted on return to the United States without obtaining a visa if— the conditional permanent resident is the bearer of valid, unexpired documentary evidence of conditional permanent resident status; and the absence of the conditional permanent resident from the United States was for a period of not more than 180 days; or the conditional permanent resident was outside the United States due to active service in the Armed Forces. The Secretary shall terminate the conditional permanent resident status of an alien if the Secretary determines that— the alien is 18 years of age or older; and in the case of— an alien postsecondary student, the alien has failed— to enroll in an accredited institution of higher education within 1 year after the date on which the alien was granted conditional permanent resident status; or to remain enrolled in an accredited institution of higher education as of the date that is 1 year after the date on which the alien was granted conditional permanent resident status; an alien described in subsection (b)(1)(B)(iii), during the 5-year period beginning on the date on which the alien was granted conditional permanent resident status, the alien has not been employed for a total period of not less than 4 years; or an alien enlistee, the alien— failed to enlist, and be accepted for enlistment, in the Armed Forces within 270 days after the date on which the alien was granted conditional permanent resident status; or has received a dishonorable or other than honorable discharge from the Armed Forces; the alien ceases to meet the requirements of clause

(iv)or

(v)of subsection (b)(1)(B); or the alien has become a public charge. An alien whose conditional permanent resident status is terminated under subparagraph

(A)shall return to the immigration status of the alien on the day before the date on which the alien was granted conditional permanent resident status. With respect to an alien granted conditional permanent resident status under subsection (b)(1), the Secretary shall extend the period of conditional permanent resident status of the alien for an additional period of 5 years if the alien meets each of the applicable requirements described in subparagraph (B). The alien has demonstrated good moral character for the entire period during which the alien has been a conditional permanent resident. The alien meets the qualification described in subsection (b)(1)(B)(v). The alien has not abandoned the residence of the alien in the United States. For purposes of this clause, except as provided in item (bb), the Secretary shall presume that an alien has abandoned the residence of the alien in the United States if, during the period of conditional permanent resident status of the alien, the alien is absent from the United States for more than 365 days in the aggregate. Notwithstanding an absence from the United States of more than 365 days in the aggregate during the period of conditional permanent resident status of an alien, the presumption described in item

(aa)shall not apply if the alien demonstrates, to the satisfaction of the Secretary, that the alien has not abandoned the residence of the alien in the United States. In the case of an alien postsecondary student, the alien— is 18 years of age or older; and has graduated from an accredited institution of higher education. In the case of an alien described in subsection (b)(1)(B)(iii), during the 5-year period beginning on the date on which the alien was granted conditional permanent resident status, the alien has been employed for a total period of not less than 4 years. In the case of an alien enlistee— the alien has served as a member of a regular or reserve component of the Armed Forces in an active duty status for not less than 3 years; and if the alien has been discharged, the alien received an honorable discharge. A conditional permanent resident may submit to the Secretary, in accordance with paragraph (3), an application— to remove the conditional basis of permanent residency; and to have the status of the alien adjusted to that of an alien lawfully admitted for permanent residence. With respect to any application submitted under subparagraph (A), an alien shall include, under penalty of perjury, the facts and information necessary for the Secretary to make the determination described in paragraph (2)(A). With respect to an application submitted under paragraph

(1)for an alien, the Secretary shall make a determination as to whether the alien meets the requirements described in paragraph (4). Notwithstanding any other provision of law, including paragraphs (2), (3), (4), and

(8)of section 245(c), if the Secretary determines that an alien meets the requirements described in paragraph (4)(B), the Secretary shall— approve the application; notify the alien of the determination; and adjust the status of the alien to the status of an alien lawfully admitted for permanent residence, which shall be effective as of the date of approval of the application. If the Secretary determines that the alien does not meet the requirements described in paragraph (4)(B), the Secretary shall— deny the application; notify the alien of the determination; and terminate the conditional permanent resident status of the alien as of the date of the determination. An alien shall submit an application for adjustment of status during the period beginning on the date on which the alien obtains an extension of status under subsection (c)(5) and ending on— the date that is 10 years after the date on which the Secretary initially granted conditional permanent resident status to the alien; or the date on which the conditional permanent resident status of the alien, as extended by the Secretary under subsection (c)(5), expires. During any period in which the application of an alien for adjustment of status under this subsection is pending, an alien shall be considered to be in conditional permanent resident status. An application to remove conditions and adjust status under paragraph

(1)shall contain information necessary for the Secretary to determine whether the alien meets each of the requirements described in subparagraph (B). The alien has demonstrated good moral character for the entire period during which the alien has been a conditional permanent resident. The alien meets the requirements of subsection (b)(1)(B)(v). The alien has not abandoned the residence of the alien in the United States. For purposes of this subparagraph, except as provided in item (bb), the Secretary shall presume that an alien has abandoned the residence of the alien in the United States if, during the period of conditional permanent resident status, the alien is absent from the United States for more than 730 days in the aggregate. Notwithstanding an absence from the United States of more than 730 days in the aggregate during the period of conditional permanent resident status of an alien, the presumption described in item

(aa)shall not apply if the alien demonstrates, to the satisfaction of the Secretary, that the alien has not abandoned the residence of the alien in the United States. Any period during which an alien is absent from the United States due to active service in the Armed Forces shall not be counted toward the 730 days referred to in subclause (II)(aa). Except as provided in subparagraph (B), a conditional permanent resident shall not have the conditional basis for permanent residency removed or be adjusted to permanent resident status unless the alien demonstrates that the alien meets the requirements described in paragraphs

(1)and

(2)of section 312(a). Subparagraph

(A)shall not apply to an alien who is unable to meet the requirements referred to in that subparagraph due to— a physical or developmental disability; or a mental impairment. In this paragraph, 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 taxes imposed under the Internal Revenue Code of 1986. Not later than the date on which an alien submits an application for adjustment of status under paragraph (1), the alien shall satisfy any applicable Federal tax liability due and owing as of that date of submission. The Secretary may not adjust the status of an alien under this subsection unless the alien submits to the Secretary biometric and biographical data in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for the submission of biometric and biographical data for any applicant for adjustment of status who is unable to provide biometric or biographical data due to a physical impairment. The Secretary shall use biometric, biographical, and other data determined by the Secretary to be appropriate— to conduct security and law enforcement background checks of any alien applying for adjustment of status under this subsection; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status. The security and law enforcement background checks under subparagraph

(A)shall be completed, to the satisfaction of the Secretary, before the date on which Secretary grants adjustment of status. Nothing in this subsection or in any other law applies a numerical limitation on the number of aliens who may be eligible for adjustment of status under this subsection. An alien whose status is adjusted under this subsection to that of an alien lawfully admitted for permanent residence may be naturalized in accordance with this Act if the alien meets the applicable requirements of the immigration laws. For purposes of section 316(a), an alien enlistee whose status is adjusted under this subsection— shall be considered to have satisfied the requirements of paragraphs

(1)and

(2)of that section; and may apply for naturalization. With respect to an alien, the Secretary may cancel removal and grant conditional permanent resident status under subsection (b)(1), and may extend conditional permanent resident status under subsection (c)(5), if, as of the date of enactment of this section, the alien has satisfied each requirement described in subsections (b)(1)(B) and (c)(5)(B). An alien may apply for adjustment of status under subsection (d)(1) if, during the entire period of conditional permanent resident status of the alien, the alien has met the requirements of subsection (c)(5)(B). Except as provided in paragraph (2), the Secretary shall have exclusive jurisdiction to determine eligibility for relief under this section. In the case of an alien who has been placed in deportation, exclusion, or removal proceedings before or after the date on which the alien submits an application for cancellation of removal and conditional permanent resident status or adjustment of status under this section, the Attorney General— shall have exclusive jurisdiction to determine eligibility for relief under this section; and shall assume all powers and duties of the Secretary described in this section until the date on which— deportation, exclusion, or removal proceedings are terminated; or a final order of deportation, exclusion, or removal is entered. In the case of an alien for whom a final order of deportation, exclusion, or removal is entered, the Secretary shall resume all powers and duties delegated to the Secretary under this section. In the case of an alien with respect to whom a final order of deportation, exclusion, or removal has been entered, if the Secretary grants relief to the alien under this section, the Attorney General shall rescind the final order of deportation, exclusion, or removal. Except as provided in paragraph (2), an officer or employee of the United States shall not— use the information furnished by an individual in an application submitted to the Secretary under this section to initiate removal proceedings against any person identified in the application; issue any publication in which the information furnished by any particular individual in an application under this section may be identified; or permit any person (other than the Secretary, an officer or employee of the Federal Government, or the alien) to examine an application submitted under this section. The Attorney General or the Secretary, as applicable, shall provide the information furnished by an individual in an application under this section, and any other information derived from the information, to— a Federal, State, Tribal, or local law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury in connection with a criminal investigation or prosecution, a background check conducted pursuant to the Brady Handgun Violence Protection Act ( Public Law 103–159 ; 107 Stat. 1536) (or an amendment made by that Act), or for homeland security or national security purposes, if— the information is requested by the Federal, State, Tribal, or local law enforcement agency, intelligence agency, national security agency, component of the Department of Homeland Security, court, or grand jury; and the provision of the information is consistent with an information sharing agreement or mechanism; or an official coroner for purposes of affirmatively identifying a deceased individual (whether or not the deceased individual is deceased as a result of a crime). Notwithstanding any other provision of this subsection, information relating to whether an alien seeking cancellation of removal or conditional permanent resident status under this section has engaged in fraud in an application for relief or has, at any time, committed a crime may be used or released for immigration enforcement, law enforcement, or national security purposes. Any person who knowingly uses or publishes information, or permits information to be examined, in violation of this subsection shall be fined not more than $10,000. During the period in which an alien is in conditional permanent resident status, the alien shall be considered to be lawfully present for all purposes. An alien who has met the requirements for adjustment of status from conditional permanent resident to lawful permanent resident under this section shall be considered to have completed the 5-year period described in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 ) as of the date on which the adjustment of status is granted. Not later than 7 years after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the number of aliens— who were eligible for cancellation of removal or conditional permanent resident status under subsection (b)(1); who applied for cancellation of removal or conditional permanent resident status under that subsection; who were granted conditional permanent resident status under that subsection; and whose status was adjusted to that of an alien lawfully admitted for permanent residence under subsection (d). For purposes of sections 328 and 329, an alien enlistee shall be considered to have been lawfully admitted for permanent residence, without regard to the conditional status of that admission. . Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: An alien who is a conditional permanent resident (as defined in section 244A(a) of the Immigration and Nationality Act). . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 244 the following: Sec. 244A. Cancellation of removal of certain long-term residents who entered the United States as children. .

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