Sec. 302. Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
404 words·~2 min read·
/bill/116/hr/6/ih/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An alien who has presented evidence to establish prima facie eligibility for relief from removal, who appears to be prima facie eligible, or who has an application pending under this Act may not be removed. An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this Act. 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 or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. An applicant may be exempted from paying an application fee required under this Act if the applicant— is younger than 18 years of age; received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this Act, that is less than 150 percent of the Federal poverty line; is in foster care or otherwise lacking any parental or other familial support; or cannot care for himself or herself because of a serious, chronic disability.
With respect to any benefit under this Act, the Secretary may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. During the period beginning on the date on which an alien applies for adjustment of status under this Act and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole.
Section 101(g) of the Immigration and Nationality Act ( 8 U.S.C. 1101(g) ) shall not apply to an alien granted advance parole under this section. An alien whose removal is stayed pursuant to this Act, who may not be placed in removal proceedings pursuant to this Act, or who has pending an application under this Act, shall, upon application to the Secretary, be granted an employment authorization document.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 302
Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
Cites 2Cited by 0 across 0 sources