Sec. 2. Adjustment of status for certain non-immigrant nationals granted temporary protected status or deferred enforced departure
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Title II of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after section 244 the following (and amending the table of contents accordingly): The status of any alien described in subsection
(c)shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence, if the alien— applies for such adjustment within 3 years after the date of enactment of this section; is determined to be admissible to the United States for permanent residence; and meets the criteria established under subsection (c). For purposes of determining admissibility under subsection (a)(2), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act shall not apply. The Secretary may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. An alien shall be eligible for adjustment of status if— the alien is a national of a country (or part of a country) with a designation under 244(b) of the Immigration and Nationality Act during the period specified in section 244(b)(2) and who was granted temporary protected status, or was otherwise eligible for temporary protected status, on or before October 1, 2017, or has been granted Deferred Enforced Departure (hereinafter in this section referred to as DED ) on or before October 1, 2017; and the alien has been continuously physically present in the United States for a period of not less than 3 years before the date of the enactment of this section. An alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the United States on or after September 25, 2016, if the alien— applies from abroad; was continuously physically present in the United States for a period of not less than 3 years before the date of removal or departure; had temporary protected status on such date, or was otherwise eligible, on such date, for temporary protected status notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ); and the sole reason for the alien’s removal or departure was— that the alien was present in the United States after the expiration of the designation of that foreign state (or part thereof) under section 244(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(3)(B) ); or in the case of a voluntary departure, the alien did so on the basis of the Secretary’s determination to terminate such designation. An alien shall be eligible for adjustment of status if the alien was removed or voluntarily departed from the United States on or after September 28, 2016, if the alien— applies from abroad; is under a grant of Deferred Enforced Departure as of September 28, 2016; was continuously physically present in the United States for a period of not less than 3 years before the date of removal or departure; and the sole reason for the alien’s removal or departure— was that the alien was present in the United States after the expiration of the deferral of enforced departure directed in the Presidential Memorandum on Deferred Enforced Departure for Liberians issued on September 28, 2016, or any subsequent extension of such deferral; or in the case of a voluntary departure, the alien did so on the basis of the President’s determination to terminate such presidential memorandum or extension. Notwithstanding any provision of the Immigration and Nationality Act, an alien who fails to meet the continuous physical presence requirement under paragraph
(2)of subsection
(c)shall be considered eligible for status adjustment as provided in this section if the Attorney General or the Secretary determines that the removal of the alien from the United States would result in extreme hardship to the alien, their spouse, their children, their parents, or their domestic partner. An alien present in the United States who has been ordered removed or has been granted voluntary departure from the United States may, notwithstanding such order, apply for adjustment of status under this section. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal shall be effective and enforceable to the same extent as if the application had not been made. The Secretary shall authorize an alien who has applied for adjustment of status under this section to engage in employment in the United States during the pendency of such application and shall provide the alien with an appropriate document signifying authorization of employment. The status of an alien shall be adjusted by the Secretary to that of an alien lawfully admitted for permanent residence if the alien— is the spouse, parent, or unmarried son or daughter of an alien whose status is adjusted under this section; applies for adjustment under this section within 3 years after the date of enactment of this Act; and is determined to be admissible to the United States for permanent residence. For purposes of determining admissibility under subsection (g)(1)(C), the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) shall not apply. The Secretary shall provide to aliens applying for adjustment of status under this section the same right to, and procedures for, administrative review as are provided to— applicants for adjustment of status under section 245; or aliens subject to removal proceedings under section 240. The granting of adjustment of status under this section shall not reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. An alien who has failed to maintain the 3-year continuous physical presence requirement under subsection
(c)because of brief, casual, and innocent departures or, emergency travel, or extenuating circumstances outside of the control of the alien, shall not be considered to have failed to maintain continuous physical presence in the United States. Nothing in this Act shall be construed to include aliens (as a class or individual basis) from previously designated countries that no longer have valid temporary protected status designation under section 244(b), or aliens who no longer have a valid deferred enforced departure status, unless such designated status or previously deferred enforced departure expires on or after January 1, 2017. In this section: The term domestic partner means an adult of at least 18 years of age in a committed relationship with the alien applying for adjustment. A committed relationship is one in which the employee and the domestic partner of the employee are each other’s sole domestic partner (and are not married to or domestic partners with anyone else) and share responsibility for a significant measure of each other’s common welfare and financial obligations. This includes, but is not limited to, any relationship between two individuals of the same or opposite sex that is granted legal recognition by a State or by the District of Columbia as a marriage or analogous relationship (including, but not limited to, a civil union). The term provide for its repatriated citizens means a country’s ability to provide safety, and social safety net services, including preventive healthcare services, and housing. The term Deferred Enforced Departure or DED refers to the presidential directive issued on September 28, 2016. .
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Sec. 2
Adjustment of status for certain non-immigrant nationals granted temporary protected status or deferred enforced departure
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