Sec. 111. 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 113(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 113(c)(2), an alien who is inadmissible or deportable from the United States (or is under a grant of Deferred Enforced Departure or has temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a )) 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 entered the United States and has continuously resided in the United States since such entry; the alien— subject to section 123(d), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or
(10)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 is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and the alien— has been admitted to an institution of higher education; has been admitted to an area career and technical education school at the postsecondary level; in the United States, has obtained— a high school diploma or a commensurate alternative award from a public or private high school; a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State-authorized credential; a credential or certificate from an area career and technical education school at the secondary level; or a recognized postsecondary credential; or is enrolled in secondary school or in an education program assisting students in— obtaining a 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 may, subject to an exemption under section 123(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 shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for cancellation of removal and adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 113(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section 113(c)(2) to pay a fee that is commensurate with the cost of processing the application, subject to the exemption under section 123(c). The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 122 are satisfied. An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 113(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. Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 113(c)(2)) if any of the following apply: The alien is inadmissible under paragraph
(2)or
(3)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). Excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of— any felony offense; three or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or a misdemeanor offense 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) ). For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may— waive the grounds of inadmissibility under subparagraphs (A), (C), and
(D)of section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and for purposes of clauses
(ii)and
(iii)of paragraph (1)(B), waive consideration of— one misdemeanor offense if the alien has not been convicted of any offense in the 5-year period preceding the date on which the alien applies for adjustment of status under this title; or up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title. Notwithstanding an alien’s eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary of Homeland Security may, as a matter of non-delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 113(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph
(B)or (D). An alien is described in this subparagraph if— excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien— has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and the alien poses a significant and continuing threat to public safety related to such conviction or adjudication. For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien’s role in the commission of the offense. An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections
(a)and
(c)of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses. For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph. Prior to rendering a discretionary decision under this paragraph, the Secretary of Homeland Security shall provide written notice of the intent to provisionally deny the application to the alien (or the alien’s counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall— articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and provide the alien with not less than 90 days to respond. Not more than 30 days after the issuance of the notice under clause (i), the Secretary of Homeland Security shall provide a second written notice that meets the requirements of such clause. Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary of Homeland Security shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II). An alien is entitled to judicial review of the Secretary’s decision to provisionally deny an application under this paragraph in accordance with the procedures described in section 126(c). For purposes of this subsection— the term felony offense means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; the term misdemeanor offense means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year; 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; and the term convicted , conviction , adjudicated , or adjudication does not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent. An alien who is under 18 years of age and meets the requirements under subparagraphs (A), (B), and
(C)of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph
(D)of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien. The Secretary of Homeland Security shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application, and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.).
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Sec. 111
Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children
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