Sec. 223. Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
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An alien who appears to be prima facie eligible for relief under this title shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 226(c), a final decision establishing ineligibility for relief is rendered. 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 title.
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 title 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 title, that is less than 150 percent of the Federal poverty line; is in foster care or otherwise lacks any parental or other familial support; or cannot care for himself or herself because of a serious, chronic disability.
Except as provided in paragraph (2), with respect to any benefit under this title, and in addition to any waivers that are otherwise available, the Secretary may waive the grounds of inadmissibility under paragraph (1), subparagraphs (A), (C), and
(D)of paragraph (2), subparagraphs
(D)through
(G)of paragraph (6), or paragraph (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. The Secretary may not waive a ground described in paragraph
(1)if such inadmissibility is based on a conviction or convictions, and such conviction or convictions would otherwise render the alien ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c)(2)(B) ). During the period beginning on the date on which an alien applies for adjustment of status under this title 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 title, or who has pending an application under this title, shall, upon application to the Secretary, be granted an employment authorization document.
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Sec. 223
Limitation on removal; application and fee exemption; waiver of grounds for inadmissibility and other conditions on eligible individuals
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