Sec. 5. Removal of conditional basis of permanent resident status
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Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien’s permanent resident status granted under this Act and grant the alien status as an alien lawfully admitted for permanent residence if the alien— is described in paragraph (1)(C) of section 3(b), subject to paragraphs
(2)and
(3)of that section; has not abandoned the alien’s residence in the United States; and has acquired a degree from an institution of higher education or has completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States; has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or has been employed for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that any period during which the alien is not employed while having a valid employment authorization and is enrolled in an institution of higher education, a secondary school, or an education program described in section 3(b)(1)(D)(iii), shall not count toward the time requirements under this clause. The Secretary shall remove the conditional basis of an alien’s permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien— satisfies the requirements under subparagraphs
(A)and
(B)of paragraph (1); demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph
(C)of such paragraph; and demonstrates that— the alien has a disability; the alien is a full-time caregiver of a minor child; or the removal of the alien from the United States would result in extreme hardship to the alien or the alien’s spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. Except as provided in subparagraph (B), the conditional basis of an alien’s permanent resident status granted under this Act may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act ( 8 U.S.C. 1423(a) ). Subparagraph
(A)shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. The Secretary may require aliens applying for lawful permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. An applicant may be exempted from paying the fee required under subparagraph
(A)if the alien— is younger than 18 years of age; received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; and is in foster care or otherwise lacking any parental or other familial support; is younger than 18 years of age and is homeless; cannot care for himself or herself because of a serious, chronic disability; and received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line; or during the 12-month period immediately preceding the date on which the alien files an application under this section, the alien accumulated $10,000 or more in debt as a result of unreimbursed medical expenses incurred by the alien or an immediate family member of the alien; and received total income, during the 12-month period immediately preceding the date on which the alien files an application under this section, that is less than 150 percent of the poverty line. The Secretary may not remove the conditional basis of an alien’s permanent resident status unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric data because of a physical impairment. The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate— to conduct security and law enforcement background checks of an alien applying for removal of the conditional basis of the alien’s permanent resident status; and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for removal of such conditional basis. The security and law enforcement background checks of an alien required under subparagraph
(A)shall be completed, to the satisfaction of the Secretary, before the date on which the Secretary removes the conditional basis of the alien’s permanent resident status. For purposes of title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis.
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