Sec. 60001. Lawful permanent residence for certain entrants
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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 sections 201, 202, 203, and 245(c), and subject to subsection (c), the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b), if such alien— submits an application for adjustment of status in accordance with procedures established by the Secretary; in addition to any administrative processing fee, pays a supplemental fee of $1,500; and completes, to the satisfaction of the Secretary— security and law enforcement background checks; and a medical examination consistent with section 221(d).
An alien described in this subsection is an alien who— has been continuously physically present in the United States since January 1, 2021; was 18 years of age or younger on the date on which the alien entered the United States and has continuously resided in the United States since such entry; and demonstrates— a record of honorable service in the Uniformed Services of the United States; attainment of, or completion of not less than 2 years, in good standing, of a program leading to— a degree from a United States institution of higher education; or a postsecondary credential from an area career and technical education school in the United States; during the 3-year period immediately preceding the date on which the alien submits an application for adjustment of status under this section, a consistent record of earned income in the United States; or enrollment in a program described in clause (ii); and current employment or participation in an internship, apprenticeship, or similar training program; has been continuously physically present in the United States since January 1, 2021; and has demonstrated a consistent record of earned income in the United States in an occupation described in the guidance of the Department of Homeland Security entitled Advisory Memorandum on Ensuring Essential Critical Infrastructure Workers’ Ability to Work During the COVID–19 Response , issued on August 10, 2021, during the period beginning on January 31, 2020, and ending on August 24, 2021; has been continuously physically present in the United States for not less than 3 years; and is a national of a foreign state (or a part of a foreign state) (or in the case of an alien having no nationality, is a person who last habitually resided in such state) with a designation under subsection
(b)of section 244 on January 1, 2017; notwithstanding paragraphs (1)(A)(iv) and (3)(C) of subsection
(c)of section 244, had or was otherwise eligible for temporary protected status under section 244 on that date; and has not engaged in conduct since that date that would render the alien ineligible for temporary protected status under section 244(c)(2); or has been continuously physically present in the United States for not less than 3 years; and was eligible for deferred enforced departure as of January 20, 2021; and has not engaged in conduct since that date that would render the alien ineligible for deferred enforced departure. Subject to paragraphs
(2)and (3), an alien seeking adjustment of status under this section shall demonstrate that the alien— is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(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; has not been convicted of— any offense under Federal or State law, other than a State offense for which an essential element is the alien’s immigration status, that is punishable by a maximum term of imprisonment of more than 1 year; or 3 or more offenses under Federal or State law, other than State offenses for which an essential element is the alien’s immigration status, for which the alien was convicted on different dates for each of the 3 offenses and imprisoned for an aggregate of 90 days or more; and has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the alien is subject to registration under that Act. With respect to any benefit under this section, the Secretary of Homeland Security may waive the grounds of inadmissibility under paragraph (2), (6)(E), (6)(G), or (10)(D) of section 212(a)— for humanitarian purposes or family unity; or if a waiver is otherwise in the public interest. For purposes of paragraph (1), the Secretary— may not automatically treat an expunged conviction as a conviction; and shall evaluate expunged convictions on a case-by-case basis according to the nature and severity of the underlying offense to determine whether, under the circumstances, the alien should be eligible for adjustment of status. With respect to an alien who is in removal proceedings or subject to a final order of removal or an order of voluntary departure, the Secretary of Homeland Security shall provide the alien with a reasonable opportunity to apply for relief under this section if the alien— requests an opportunity to so apply; or appears to be prima facie eligible for such relief. The Secretary of Homeland Security shall stay the removal of an alien who— meets the requirements of subparagraphs
(A)and
(B)of subsection (b)(1); subject to paragraphs
(2)and
(3)of subsection (c), is not subject to a ground of ineligibility under paragraph
(1)of such subsection; and is enrolled in— an early childhood education program; an elementary school; a secondary school; or an education program assisting students in obtaining a high school diploma or its equivalent. The section shall take effect on the earlier of— the date that is 180 days after the date of the enactment of this section; or May 1, 2022. . 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 245A the following: Sec. 245B. Adjustment of status of certain entrants. .
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