Sec. 4. Conditional permanent resident status for eligible individuals

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In this section: The term conditional permanent resident status means conditional permanent resident status under section 216 and 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186a , 1186b), subject to the provisions of this section. The term eligible individual means an alien who— is present in the United States; is a citizen or national of Afghanistan or, in the case of an alien having no nationality, is a person who last habitually resided in Afghanistan; has not been granted permanent resident status; was inspected and admitted to the United States on or before the date of the enactment of this Act; or was paroled into the United States during the period beginning on July 30, 2021, and ending on the date of the enactment of this Act, provided that— such parole has not been terminated by the Secretary upon written notice; and the alien did not enter the United States at a location between ports of entry along the southwest land border; and is admissible to the United States as an immigrant under the applicable immigration laws, including eligibility for waivers of grounds of inadmissibility to the extent provided by the immigration laws and the terms of this section.

Beginning on the date of the enactment of this Act, the Secretary— may adjust the status of each eligible individual to that of an alien lawfully admitted for permanent residence status, subject to the procedures established by the Secretary to determine eligibility for conditional permanent resident status; and shall create for each eligible individual who is granted adjustment of status under this section a record of admission to such status as of the date on which the eligible individual was initially inspected and admitted or paroled into the United States, or July 30, 2021, whichever is later, unless the Secretary determines, on a case-by-case basis, that such individual is inadmissible under any ground of inadmissibility under section 212 (other than subsection (a)(4)) of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) and is not eligible for a waiver of such grounds of inadmissibility as provided by this Act or by the immigration laws.

An individual who obtains lawful permanent resident status under this section shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section. Before granting conditional permanent resident status to an eligible individual under subsection (b)(1), the Secretary shall conduct an assessment with respect to the eligible individual, which shall be equivalent in rigor to the assessment conducted with respect to refugees admitted to the United States through the United States Refugee Admissions Program, for the purpose of determining whether the eligible individual is inadmissible under any ground of inadmissibility under section 212 (other than subsection (a)(4)) of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) and is not eligible for a waiver of such grounds of inadmissibility under paragraph (2)(C) or the immigration laws.

In conducting an assessment under subparagraph (A), the Secretary may consult with the head of any other relevant agency and review the holdings of any such agency. Not earlier than the date described in subparagraph (B), the Secretary may remove the conditional basis of the status of an individual granted conditional permanent resident status under this section unless the Secretary determines, on a case-by-case basis, that such individual is inadmissible under any ground of inadmissibility under paragraph

(2)or

(3)of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and is not eligible for a waiver of such grounds of inadmissibility under subparagraph

(C)or the immigration laws. The date described in this subparagraph is the earlier of— the date that is 4 years after the date on which the individual was admitted or paroled into the United States; or July 1, 2027. Except as provided in clause (ii), to determine eligibility for conditional permanent resident status under subsection

(b)or removal of conditions under this paragraph, the Secretary may waive the application of the grounds of inadmissibility under 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) for humanitarian purposes or to ensure family unity. The Secretary may not waive under clause

(i)the application of subparagraphs

(C)through

(E)and

(G)through

(H)of paragraph (2), or paragraph (3), of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). Nothing in this subparagraph may be construed to expand or limit any other waiver authority applicable under the immigration laws to an individual who is otherwise eligible for adjustment of status. Not later than 180 days after the date described in subparagraph (B), the Secretary shall, to the greatest extent practicable, remove conditions as to all individuals granted conditional permanent resident status under this section who are eligible for removal of conditions. An individual in conditional permanent resident status under this section shall be considered— to have been admitted to the United States as an alien lawfully admitted for permanent residence; and to be present in the United States as an alien lawfully admitted to the United States for permanent residence, provided that, no alien granted conditional permanent resident status shall be naturalized unless the alien’s conditions have been removed under this section. Conditional permanent resident status shall terminate on, as applicable— the date on which the Secretary removes the conditions pursuant to subsection (c)(2), on which date the alien shall be lawfully admitted for permanent residence without conditions; the date on which the Secretary determines that the alien was not an eligible individual under subsection (a)(2) as of the date that such conditional permanent resident status was granted, on which date of the Secretary’s determination the alien shall no longer be an alien lawfully admitted for permanent residence; or the date on which the Secretary determines pursuant to subsection (c)(2) that the alien is not eligible for removal of conditions, on which date the alien shall no longer be an alien lawfully admitted for permanent residence. Nothing in this section shall be construed to limit the authority of the Secretary at any time to place in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) any alien who has conditional permanent resident status under this section, if the alien is deportable under section 237 of such Act ( 8 U.S.C. 1227 ) under a ground of deportability applicable to an alien who has been lawfully admitted for permanent residence. The expiration date of a period of parole shall not apply to an individual under consideration for conditional permanent resident status under this section, until such time as the Secretary has determined whether to issue conditional permanent resident status. Not later than 180 days after the date on which an individual is conferred conditional permanent resident status under this section, and periodically thereafter, the Office of Refugee Resettlement shall make available opportunities for the individual to participate in a nonadversarial meeting, during which an official of the Office of Refugee Resettlement (or an agency funded by the Office) shall— on request by the individual, assist the individual in a referral or application for applicable benefits administered by the Department of Health and Human Services and completing any applicable paperwork; and answer any questions regarding eligibility for other benefits administered by the United States Government. Not later than 7 days before the date on which a meeting under paragraph

(1)is scheduled to occur, the Secretary of Health and Human Services shall provide notice to the individual that includes the date of the scheduled meeting and a description of the process for rescheduling the meeting. The Secretary of Health and Human Services shall implement practices to ensure that— meetings under paragraph

(1)are conducted in a nonadversarial manner; and interpretation and translation services are provided to individuals granted conditional permanent resident status under this section who have limited English proficiency. Nothing in this subsection shall be construed— to prevent an individual from electing to have counsel present during a meeting under paragraph (1); or in the event that an individual declines to participate in such a meeting, to affect the individual’s conditional permanent resident status under this section or eligibility to have conditions removed in accordance with this section. Except with respect to an application for naturalization and the benefits described in subsection (p), an individual in conditional permanent resident status under this section shall be considered to be an alien lawfully admitted for permanent residence for purposes of the adjudication of an application or petition for a benefit or the receipt of a benefit. Not later than 90 days after the date on which the status of an individual is adjusted to that of conditional permanent resident status under this section, the Secretary shall provide notice to such individual with respect to the provisions of this section, including subsection (c)(1) (relating to the conduct of assessments) and subsection

(g)(relating to periodic nonadversarial meetings). The Secretary shall establish procedures whereby an individual who would otherwise be eligible to apply for naturalization but for having conditional permanent resident status, may be considered for naturalization coincident with removal of conditions under subsection (c)(2). An alien described in paragraph

(2)shall be regarded as lawfully admitted for permanent residence as of the date the alien was initially inspected and admitted or paroled into the United States, or July 30, 2021, whichever is later. An alien described in this paragraph is an alien who— is described in subparagraphs (A), (B), and

(D)of subsection (a)(2), and whose status was adjusted to that of an alien lawfully admitted for permanent residence on or after July 30, 2021, but on or before the date of the enactment of this Act; or is an eligible individual whose status is then adjusted to that of an alien lawfully admitted for permanent residence after the date of the enactment of this Act under any provision of the immigration laws other than this section. A parent or legal guardian of an eligible individual shall be eligible to obtain status as an alien lawfully admitted for permanent residence on a conditional basis if— the eligible individual— was under 18 years of age on the date on which the eligible individual was granted conditional permanent resident status under this section; and was not accompanied by at least one parent or guardian on the date the eligible individual was admitted or paroled into the United States; and such parent or legal guardian was admitted or paroled into the United States after the date referred to in paragraph (1)(B). Not later than 120 days after the date of the enactment of this Act, the Secretary shall issue guidance implementing this section. Notwithstanding section 553 of title 5, United States Code, guidance issued pursuant to subparagraph (A)— may be published on the internet website of the Department of Homeland Security; and shall be effective on an interim basis immediately upon such publication but may be subject to change and revision after notice and an opportunity for public comment. Not later than 180 days after the date of issuance of guidance under paragraph (1), the Secretary shall finalize the guidance implementing this section. Chapter 5 of title 5, United States Code (commonly known as the Administrative Procedure Act ), or any other law relating to rulemaking or information collection, shall not apply to the guidance issued under this paragraph. With respect to the adjudication of an application for asylum submitted by an eligible individual, section 2502(c) of the Extending Government Funding and Delivering Emergency Assistance Act ( 8 U.S.C. 1101 note; Public Law 117–43 ) shall not apply. Nothing in this section may be construed to prohibit an eligible individual from seeking or receiving asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ). The Secretary may not charge a fee to any eligible individual in connection with the initial issuance under this section of— a document evidencing status as an alien lawfully admitted for permanent residence or conditional permanent resident status; or an employment authorization document. Notwithstanding any other provision of law— an individual described in subsection

(a)of section 2502 of the Afghanistan Supplemental Appropriations Act, 2022 ( 8 U.S.C. 1101 note; Public Law 117–43 ) shall retain his or her eligibility for the benefits and services described in subsection

(b)of such section if the individual is under consideration for, or is granted, adjustment of status under this section; and such benefits and services shall remain available to the individual to the same extent and for the same periods of time as such benefits and services are otherwise available to refugees who acquire such status. Section 403(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(b)(1) ) is amended by adding at the end the following: An alien whose status is adjusted under section 4 of the Fulfilling Promises to Afghan Allies Act to that of an alien lawfully admitted for permanent residence or to that of an alien lawfully admitted for permanent residence on a conditional basis. . Nothing in this section may be construed to preclude an eligible individual from applying for or receiving any immigration benefit to which the individual is otherwise entitled. Aliens granted conditional permanent resident status or lawful permanent resident status under this section shall not be subject to the numerical limitations under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). A spouse or child who is the beneficiary of an immigrant petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) filed by an alien who has been granted conditional permanent resident status or lawful permanent resident status under this section, seeking classification of the spouse or child under section 203(a)(2)(A) of that Act ( 8 U.S.C. 1153(a)(2)(A) ) shall not be subject to the numerical limitations under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). Notwithstanding any other provision of law, in the interest of efficiency, the Secretary may pause consideration of any application or request for an immigration benefit pending adjudication so as to prioritize consideration of adjustment of status to an alien lawfully admitted for permanent residence on a conditional basis under this section. There is authorized to be appropriated to the Attorney General, the Secretary of Health and Human Services, the Secretary, and the Secretary of State such sums as are necessary to carry out this section.

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