Sec. 102. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
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Notwithstanding any other provision of law, and except as provided in section 105(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title. Notwithstanding any other provision of law, the Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 105(c)(2), an alien who is inadmissible or deportable from the United States if— the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act; the alien was younger than 18 years of age on the date on which the alien initially entered the United States; subject to sections 301(b) and 302(d), the alien— is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), (10)(D), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(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 excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, has not been convicted of— any offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; 3 or more offenses under Federal or State law for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; or a crime of domestic violence, unless— the alien demonstrates that such crime is related to the alien having been— a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; battered or subjected to extreme cruelty; or a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U)(iii) ); or the Secretary, in the discretion of the Secretary, waives this subclause for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest; and the alien— has been admitted to an institution of higher education; in the United States, has— earned a high school diploma or a commensurate alternative award from a public or private high school; obtained the General Education Development credential; obtained a high school equivalency diploma recognized under State law; or obtained a recognized postsecondary credential; or is enrolled in secondary school or in an education program assisting students in— obtaining a regular high school diploma or its recognized equivalent under State law; passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam; obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or obtaining a recognized postsecondary credential.
The Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 105(c)(2), an alien who— was granted DACA, unless the alien has become ineligible for DACA renewal; or was never granted DACA, but would have been eligible for such a grant pursuant to the terms of the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012, in place before it was rescinded on Sept. 5, 2017.
The Secretary may, subject to an exemption under section 302(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00. The Secretary may not grant an alien permanent resident status on a conditional basis 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 aliens who are unable to provide such biometric or biographic data because of a physical 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 seeking permanent resident status on a conditional basis under this section; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status. The security and law enforcement background checks of an alien required under subparagraph
(A)shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary grants such alien permanent resident status on a conditional basis under this section. An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 105(c)(2), shall establish that the alien has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. For purposes of paragraph (1)(C)(iii)(III), the term crime of domestic violence means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government. The Attorney General shall stay the removal proceedings of an alien who meets all the requirements under subparagraphs (A), (B), and
(C)of subsection (b)(1), subject to sections 301(b) and 302(d), and is not older than 18 years of age. The Secretary may not commence removal proceedings for an alien described in subparagraph (A). The Secretary or Attorney General may not lift the stay granted to an alien under subparagraph
(A)unless the alien ceases to meet the requirements under such subparagraph. An alien who was removed or permitted to depart voluntarily from the United States on or after January 20, 2017, may apply for relief under this section from abroad if— the alien meets all the requirements under subparagraphs
(B)and
(C)of subsection (b)(1), subject to sections 301(b) and 302(d); the alien meets the requirements of subsection (b)(1)(D) or was enrolled in an elementary school or secondary school in the United States during the 60-day period before the alien’s removal or voluntary departure; the alien was continuously physically present in the United States for a period of at least 4 years; at the time of their removal or voluntary departure, the alien— had been granted DACA, and was not ineligible for DACA renewal; or had never been granted DACA, but would have been eligible for such a grant pursuant to the terms of the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012, in place before it was rescinded on Sept. 5, 2017; and the sole reason for their removal or voluntary departure was that the alien was present in the United States after the expiration of the period of stay authorized by the Secretary of Homeland Security or was present in the United States without being admitted or paroled.
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Sec. 102
Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
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