Sec. 4002. Eligibility
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/bill/117/hr/6637/ih/section-4002·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Homeland Security shall approve an application to participate in the Dignity Program from an eligible alien subject to the following: The applicant shall submit such information that the Secretary determines sufficient to prove the following: That the alien has been continually physically present in the United States since July 4, 2017. That the alien is not inadmissible under section 212(a) of the Immigration and Nationality Act (except that paragraph
(9)shall not apply for purposes of this section). That the alien has included payment of a contribution to the American Worker Fund of $2,000. The Secretary may not approve such an application, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for participation in the Dignity Program in accordance with paragraph (3). The application for participation in the Dignity Program may not be approved unless security and law enforcement background checks are completed to the satisfaction of the Secretary. Except as provided in paragraph (2), an alien is ineligible for participation in the Dignity Program if, 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; two 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) ).
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U.S. Code