Sec. 105. Removal of conditional basis of permanent resident status
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Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien— is described in section 102(b)(1)(C), subject to sections 301(b) and 302(d); has not abandoned the alien’s residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and has earned a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a certificate or credential from an area career and technical education school providing education at the postsecondary level; has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 102(b)(1)(D)(iii), shall not count toward the time requirements under this clause.
The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien— satisfies the requirements under subparagraphs
(A)and
(B)of paragraph (1); demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph
(C)of such paragraph; and demonstrates that— the alien has a disability; the alien is a full-time caregiver of a minor child; or the removal of the alien from the United States would result in hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ). Subparagraph
(A)shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. The Secretary may, subject to an exemption under section 302(c), require aliens applying for removal of the conditional basis of an alien’s permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. The Secretary may not remove the conditional basis of an alien’s permanent resident status 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 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 applying for removal of the conditional basis of the alien’s permanent resident status; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. 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 removes the conditional basis of the alien’s permanent resident status. For purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. An alien granted lawful permanent residence on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a). 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 status without conditional basis, any alien who— subject to the waiver described in section 302(d), and the provisions on determination of continuous presence in section 303, demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs
(1)and
(3)of subsection
(a)of this section at the time such alien first submits an application for benefits under this title. Paragraphs
(5)and
(6)of subsection
(a)of this section shall apply to an alien seeking lawful permanent residence status without conditional basis in an initial application in the same manner as they apply to an alien seeking removal of the conditional basis of an alien’s permanent resident status. Paragraphs
(4)and
(5)of section 102(b) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien. In the case of an alien seeking lawful permanent residence status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4)(A) of this section, subject to the exemption allowed under section 302(c), but shall not be required to pay the application fee under section 102(b)(3).
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