Sec. 1101. Lawful prospective immigrant status
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Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following: Notwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and submits an application pursuant to the procedures under section 245G(b)(1). The requirement in paragraph
(2)subsection
(a)shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. The initial period of authorized admission for a lawful prospective immigrant— shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and may be extended for additional 6-year terms if— the noncitizen remains eligible for lawful prospective immigrant status; the noncitizen has successfully passed the background checks described in section 245G(d)(3); and such status was not revoked by the Secretary. The Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. Documentary evidence issued under paragraph
(1)shall— comply with the requirements of section 245G(g)(3)(C); and specify a period of validity of 6 years beginning on the date of issuance. A noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection
(e)of that section; shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. Notwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. Notwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. A lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— the lawful prospective immigrant is in possession of— valid, unexpired documentary evidence of lawful prospective immigrant status; or a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— the lawful prospective immigrant’s absences were authorized by the Secretary; or the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or
(C)of section 212(a)(3). The Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. The Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. The Commissioner may use information received from the Secretary under this subparagraph— to assign Social Security account numbers to lawful prospective immigrants; and to administer the programs of the Social Security Administration. The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law. . Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: A noncitizen who has been granted lawful prospective immigrant status under section 245B of the Immigration and Nationality Act. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant. . Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 3, is further amended by adding at the end the following: The term lawful prospective immigrant means a noncitizen granted lawful prospective immigrant status under section 245B. .
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