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Bill Text
111th Congress (2009-2010)
S.3992.PCS
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S.3992
DREAM Act of 2010 (Placed on Calendar Senate - PCS)
SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN.
(a) Special Rule for Certain Long-term Residents Who Entered the United States as Children-
(1) IN GENERAL- Notwithstanding any other provision of law and except as otherwise provided in this Act, the Secretary of Homeland Security may cancel removal of an alien who is inadmissible or deportable from the United States, and grant the alien conditional nonimmigrant status, if the alien demonstrates by a preponderance of the evidence that--
(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of the enactment of this Act and was younger than 16 years of age on the date the alien initially entered the United States;
(B) the alien has been a person of good moral character since the date the alien initially entered the United States;
(C) the alien--
(i) is not inadmissible under paragraph (1), (2), (3), (4), (6)(E), (6)(G), (
, (10)(A), (10)(C), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) is not deportable under paragraph (1)(E), (1)(G), (2), (4), (5), or (6) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));
(iii) 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; and
(iv) has not been convicted of--
(I) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or
(II) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more;
(D) the alien--
(i) has been admitted to an institution of higher education in the United States; or
(ii) has earned a high school diploma or obtained a general education development certificate in the United States;
(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien--
(i) has remained in the United States under color of law after such order was issued; or
(ii) received the order before attaining the age of 16 years; and
(F) the alien was younger than 30 years of age on the date of the enactment of this Act.
(2) WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act and the ground of deportability under paragraph (1) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.
(3) PROCEDURES- The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.
(4) DEADLINE FOR SUBMISSION OF APPLICATION- An alien shall submit an application for cancellation of removal and conditional nonimmigrant status under this subsection no later than the date that is 1 year after the later of--
(A) the date the alien was admitted to an institution of higher education in the United States;
(B) the date the alien earned a high school diploma or obtained a general education development certificate in the United States; or
(C) the date of the enactment of this Act.
(5) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA- The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional nonimmigrant status to the alien under this subsection 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 or biographic data because of a physical impairment.
(6) BACKGROUND CHECKS-
(A) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate--
(i) to conduct security and law enforcement background checks of an alien seeking relief available under this subsection; and
(ii) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such relief.
(B) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by subparagraph (A)(i) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary cancels the removal of the alien under this subsection.
(7) MEDICAL EXAMINATION- An alien applying for relief available under this subsection shall undergo a medical observation and examination. The Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services, shall prescribe policies and procedures for the nature, frequency, and timing of such observation and examination.
(
MILITARY SELECTIVE SERVICE- An alien applying for relief available under this subsection shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. App. 451 et seq.), if the alien is subject to such registration under that Act.
(b) Termination of Continuous Period- For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under subsection (a) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence-
(1) IN GENERAL- An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
(2) EXTENSIONS FOR EXCEPTIONAL CIRCUMSTANCES- The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.
(d) Exemption From Numerical Limitations- Nothing in this section may be construed to apply a numerical limitation to the number of aliens who may be eligible for cancellation of removal under subsection (a).
(e) Regulations-
(1) INITIAL PUBLICATION- Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish regulations implementing this section.
(2) INTERIM REGULATIONS- Notwithstanding section 553 of title 5, United States Code, the regulations required by paragraph (1) shall be effective, on an interim basis, immediately upon publication but may be subject to change and revision after public notice and opportunity for a period of public comment.
(3) FINAL REGULATIONS- Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.
(f) Removal of Alien- The Secretary of Homeland Security may not remove any alien who--
(1) has a pending application for conditional nonimmigrant status under this Act; and
(2) establishes prima facie eligibility for cancellation of removal and conditional nonimmigrant status under subsection (a).
SEC. 5. CONDITIONAL NONIMMIGRANT STATUS.
(a) Length of Status- Conditional nonimmigrant status granted under section 4 shall be valid for a period of 10 years, subject to termination under subsection (c) of this section.
(b) Terms of Conditional Nonimmigrant Status-
(1) EMPLOYMENT- A conditional nonimmigrant shall be authorized to be employed in the United States incident to conditional nonimmigrant status.
(2) TRAVEL- A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if--
(A) the alien is the bearer of valid, unexpired documentary evidence of conditional nonimmigrant status; and
(B) the alien's absence from the United States was not for a period exceeding 180 days.
(c) Termination of Status-
(1) IN GENERAL- The Secretary of Homeland Security shall terminate the conditional nonimmigrant status of any alien if the Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or (C) of section 4(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable discharge from the Armed Forces.
(2) RETURN TO PREVIOUS IMMIGRATION STATUS- Any alien whose conditional nonimmigrant status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional nonimmigrant status.
SEC. 6. ADJUSTMENT OF STATUS.
(a) In General- A conditional nonimmigrant may file with the Secretary of Homeland Security, in accordance with subsection (c), an application to have the alien's status adjusted to that of an alien lawfully admitted for permanent residence. The application shall provide, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (b)(1).
(b) Adjudication of Application for Adjustment of Status-
(1) IN GENERAL- If an application is filed in accordance with subsection (a) for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through (E) of subsection (d)(1).
(2) ADJUSTMENT OF STATUS IF FAVORABLE DETERMINATION- If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and adjust the alien's status to that of an alien lawfully admitted for permanent residence, effective as of the date of approval of the application.
(3) TERMINATION IF ADVERSE DETERMINATION- If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional nonimmigrant status of the alien as of the date of the determination.
(c) Time to File Application- An alien shall file an application for adjustment of status during the period beginning 1 year before and ending on either the date that is 10 years after the date of the granting of conditional nonimmigrant status or any other expiration date of the conditional nonimmigrant status as extended by the Secretary of Homeland Security in accordance with this Act. The alien shall be deemed to be in conditional nonimmigrant status in the United States during the period in which such application is pending.
(d) Details of Application-
(1) CONTENTS OF APPLICATION- Each application for an alien under subsection (a) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met:
(A) The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant.
(B) The alien is in compliance with section 4(a)(1)(C).
(C) The alien has not abandoned the alien's residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien's residence. An alien who is absent from the United States due to active service in the Armed Forces has not abandoned the alien's residence in the United States during the period of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of higher education in the United States 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.
(ii) The alien has served in the Armed Forces for at least 2 years and, if discharged, has received an honorable discharge.
(E) The alien has provided a list of each secondary school (as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.
(2) HARDSHIP EXCEPTION-
(A) IN GENERAL- The Secretary of Homeland Security may, in the Secretary's discretion, adjust the status of an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph (1)(D); and
(iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.
(B) EXTENSION- Upon a showing of good cause, the Secretary of Homeland Security may extend the period of conditional nonimmigrant status for the purpose of completing the requirements described in paragraph (1)(D).
(e) Citizenship Requirement-
(1) IN GENERAL- Except as provided in paragraph (2), the status of a conditional nonimmigrant shall not be adjusted to permanent resident status unless the alien demonstrates that the alien satisfies the requirements of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 312(a)).
(2) EXCEPTION- Paragraph (1) shall not apply to an alien who is unable because of a physical or developmental disability or mental impairment to meet the requirements of such paragraph.
(f) Payment of Federal Taxes-
(1) IN GENERAL- Not later than the date on which an application is filed under subsection (a) for adjustment of status, the alien shall satisfy any applicable Federal tax liability due and owing on such date.
(2) APPLICABLE FEDERAL TAX LIABILITY- For purposes of paragraph (1), the term `applicable Federal tax liability' means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest thereon.
(g) Submission of Biometric and Biographic Data- The Secretary of Homeland Security may not adjust the status of an alien under this section 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 or biographic data because of a physical impairment.
(h) Background Checks-
(1) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines appropriate--
(A) to conduct security and law enforcement background checks of an alien applying for adjustment of status under this section; and
(B) to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such adjustment of status.
(2) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement background checks required by paragraph (1)(A) shall be completed, to the satisfaction of the Secretary, prior to the date the Secretary grants adjustment of status.
(i) Exemption From Numerical Limitations- Nothing in this section or in any other law may be construed to apply a numerical limitation on the number of aliens who may be eligible for adjustment of status under this section.
(j) Conditional Nonimmigrants Otherwise Eligible for Adjustment- Nothing in this section may be construed to limit the eligibility of a conditional nonimmigrant for adjustment of status, issuance of an immigrant visa, or admission as a lawful permanent resident alien at any time, if the conditional nonimmigrant is otherwise eligible for such benefit under the immigration laws.
(k) Eligibility for Naturalization- An alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence may be naturalized upon compliance with all the requirements of the immigration laws except the provisions of paragraph (1) of section 316(a) of the Immigration and Nationality Act (8 U.S.C. 1427(a)), if such person immediately preceding the date of filing the application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least 3 years, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of U.S. Citizenship and Immigration Services in the United States in which the applicant filed the application for at least 3 months. An alien described in this subsection may file the application for naturalization as provided in the second sentence of subsection (a) of section 344 of the Immigration and Nationality Act (8 U.S.C. 1445).
SEC. 7. RETROACTIVE BENEFITS.
If, on the date of the enactment of this Act, an alien has satisfied all the requirements of section 4(a)(1) and section 6(d)(1)(D), the Secretary of Homeland Security may cancel removal and grant conditional nonimmigrant status in accordance with section 4.
http://thomas.gov/cgi-bin/query/F?c111:1:./temp/~c1116k4lBB:e3831:
