S.744 Immigration bill - Sec. 2102: ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) In General- Chapter 5 of title II (8 U.S.C. 1255 et
seq.) is amended by inserting after section 245B, as added by section
2101 of this title, the following:
`SEC. 245C. ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.
- `(a) In General- Subject to section 245E(d) and section
2302(c)(3) of the Border Security, Economic Opportunity, and Immigration
Modernization Act, the Secretary of Homeland Security (referred to in
this section as the `Secretary') may adjust the status of a registered
provisional immigrant to that of an alien lawfully admitted for
permanent residence if the registered provisional immigrant satisfies
the eligibility requirements set forth in subsection (b).
- `(b) Eligibility Requirements-
- `(1) REGISTERED PROVISIONAL IMMIGRANT STATUS-
- `(A) IN GENERAL- The alien was granted registered
provisional immigrant status under section 245B and remains eligible for
such status.
- `(B) CONTINUOUS PHYSICAL PRESENCE- The alien
establishes, to the satisfaction of the Secretary, that the alien was
not continuously absent from the United States for more than 180 days in
any calendar year during the period of admission as a registered
provisional immigrant, unless the alien's absence was due to extenuating
circumstances beyond the alien's control.
- `(C) MAINTENANCE OF WAIVERS OF ADMISSIBILITY- The
grounds of inadmissibility set forth in section 212(a) that were
previously waived for the alien or made inapplicable under section
245B(b) shall not apply for purposes of the alien's adjustment of status
under this section.
- `(D) PENDING REVOCATION PROCEEDINGS- If the
Secretary has notified the applicant that the Secretary intends to
revoke the applicant's registered provisional immigrant status under
section 245B(d)(2)(A), the Secretary may not approve an application for
adjustment of status under this section unless the Secretary makes a
final determination not to revoke the applicant's status.
- `(2) PAYMENT OF TAXES-
- `(A) IN GENERAL- An applicant may not file an
application for adjustment of status under this section unless the
applicant has satisfied any applicable Federal tax liability.
- `(B) DEFINITION OF APPLICABLE FEDERAL TAX
LIABILITY- In subparagraph (A), the term `applicable Federal tax
liability' means all assessed Federal income taxes since the date on
which the applicant was authorized to work in the United States as a
registered provisional immigrant under section 245B(a).
- `(C) COMPLIANCE- The applicant may demonstrate
compliance with subparagraph (A) by submitting such documentation as the
Secretary, in consultation with the Secretary of the Treasury, may
require by regulation.
- `(3) EMPLOYMENT OR EDUCATION REQUIREMENT-
- `(A) IN GENERAL- Except as provided in
subparagraphs (D) and (E), an alien applying for adjustment of status
under this section shall establish that, during his or her period of
status as a registered provisional immigrant, he or she--
- `(i)(I) was regularly employed throughout the
period of admission as a registered provisional immigrant, allowing for
brief periods lasting not more than 60 days; and
- `(II) is not likely to become a public charge (as determined under section 212(a)(4)); or
- `(ii) can demonstrate average income or
resources that are not less than 125 percent of the Federal poverty
level throughout the period of admission as a registered provisional
immigrant.
- `(B) EVIDENCE OF EMPLOYMENT-
- `(i) DOCUMENTS- An alien may satisfy the
employment requirement under subparagraph (A)(i) by submitting, to the
Secretary, records that--
- `(I) establish, by the preponderance of the evidence, compliance with such employment requirement; and
- `(II) have been maintained by the Social
Security Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
- `(ii) OTHER DOCUMENTS- An alien who is unable
to submit the records described in clause (i) may satisfy the employment
or education requirement under subparagraph (A) by submitting to the
Secretary at least 2 types of reliable documents not described in clause
(i) that provide evidence of employment or education, including--
- `(I) bank records;
- `(II) business records;
- `(III) employer records;
- `(IV) records of a labor union, day labor center, or organization that assists workers in employment;
- `(V) sworn affidavits from nonrelatives who have direct knowledge of the alien's work or education, that contain--
- `(VI) remittance records; and
- `(VII) school records from institutions described in subparagraph (D).
- `(iii) ADDITIONAL DOCUMENTS AND RESTRICTIONS- The Secretary may--
- `(I) designate additional documents that may be used to establish compliance with the requirement under subparagraph (A); and
- `(II) set such terms and conditions on the
use of affidavits as may be necessary to verify and confirm the identity
of any affiant or to otherwise prevent fraudulent submissions.
- `(C) SATISFACTION OF EMPLOYMENT REQUIREMENT- An
alien may not be required to satisfy the employment requirements under
this section with a single employer.
- `(D) EDUCATION PERMITTED- An alien may satisfy the
requirement under subparagraph (A), in whole or in part, by providing
evidence of full-time attendance at--
- `(i) an institution of higher education (as
defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)));
- `(ii) a secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
- `(iii) an education, literacy, or career
training program (including vocational training) that is designed to
lead to placement in postsecondary education, job training, or
employment through which the alien is working toward such placement; or
- `(iv) an education program assisting students
either in obtaining a regular high school diploma or its recognized
equivalent under state law (including a certificate of completion,
certificate of attendance, or alternate award), or in passing a General
Educational Development exam or other equivalent State-authorized exam.
- `(E) AUTHORIZATION OF EXCEPTIONS AND WAIVERS-
- `(i) EXCEPTIONS BASED ON AGE OR DISABILITY- The
employment and education requirements under this paragraph shall not
apply to any alien who --
- `(I) is younger than 21 years of age on the
date on which the alien files an application for the first extension of
the initial period of authorized admission as a registered provisional
immigrant;
- `(II) is at least 60 years of age on the
date on which the alien files an application described in subclause (II)
or at least 65 years of age on the date on which the alien's status is
adjusted under this section; or
- `(III) has a physical or mental disability
(as defined in section 3(2) of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102(2))) or as a result of pregnancy if such condition
is evidenced by the submission of documentation prescribed by the
Secretary.
- `(ii) FAMILY EXCEPTIONS- The employment and
education requirements under this paragraph shall not apply to any alien
who is a dependent registered provisional immigrant under subsection
(b)(5).
- `(iii) TEMPORARY EXCEPTIONS- The employment and
education requirements under this paragraph shall not apply during any
period during which the alien--
- `(I) was on medical leave, maternity leave,
or other employment leave authorized by Federal law, State law, or the
policy of the employer;
- `(II) is or was the primary caretaker of a
child or another person who requires supervision or is unable to care
for himself or herself; or
- `(III) was unable to work due to circumstances outside the control of the alien.
- `(iv) WAIVER- The Secretary may waive the
employment or education requirements under this paragraph with respect
to any individual alien who demonstrates extreme hardship to himself or
herself or to a spouse, parent, or child who is a United States citizen
or lawful permanent resident.
- `(4) ENGLISH SKILLS-
- `(A) IN GENERAL- Except as provided under
subparagraph (C), a registered provisional immigrant who is 16 years of
age or older shall establish that he or she--
- `(i) meets the requirements set forth in section 312; or
- `(ii) is satisfactorily pursuing a course of
study, pursuant to standards established by the Secretary of Education,
in consultation with the Secretary, to achieve an understanding of
English and knowledge and understanding of the history and Government of
the United States, as described in section 312(a).
- `(B) RELATION TO NATURALIZATION EXAMINATION- A
registered provisional immigrant who demonstrates that he or she meets
the requirements set forth in section 312 may be considered to have
satisfied such requirements for purposes of becoming naturalized as a
citizen of the United States.
- `(C) EXCEPTIONS-
- `(i) MANDATORY- Subparagraph (A) shall not
apply to any person who is unable to comply with the requirements under
that subparagraph because of a physical or developmental disability or
mental impairment.
- `(ii) DISCRETIONARY- The Secretary may waive
all or part of subparagraph (A) for a registered provisional immigrant
who is 70 years of age or older on the date on which an application is
filed for adjustment of status under this section.
- `(5) MILITARY SELECTIVE SERVICE- The alien shall
provide proof of registration under the Military Selective Service Act
(50 U.S.C. App. 451 et seq.) if the alien is subject to such
registration.
- `(c) Application Procedures-
- `(1) IN GENERAL- Beginning on the date described in
paragraph (2), a registered provisional immigrant, or a registered
provisional immigrant dependent, who meets the eligibility requirements
set forth in subsection (b) may apply for adjustment of status to that
of an alien lawfully admitted for permanent residence by submitting an
application to the Secretary that includes the evidence required, by
regulation, to demonstrate the applicant's eligibility for such
adjustment.
- `(2) BACK OF THE LINE- The status of a registered
provisional immigrant may not be adjusted to that of an alien lawfully
admitted for permanent residence under this section until after the
Secretary of State certifies that immigrant visas have become available
for all approved petitions for immigrant visas that were filed under
sections 201 and 203 before the date of the enactment of the Border
Security, Economic Opportunity, and Immigration Modernization Act.
- `(3) INTERVIEW- The Secretary may interview applicants
for adjustment of status under this section to determine whether they
meet the eligibility requirements set forth in subsection (b).
- `(4) SECURITY AND LAW ENFORCEMENT CLEARANCES- The
Secretary may not adjust the status of a registered provisional
immigrant under this section until renewed national security and law
enforcement clearances have been completed with respect to the
registered provisional immigrant, to the satisfaction of the Secretary.
- `(5) FEES AND PENALTIES-
- `(A) PROCESSING FEES-
- `(i) IN GENERAL- The Secretary shall impose a
processing fee on applicants for adjustment of status under this section
at a level sufficient to recover the full cost of processing such
applications, including costs associated with--
- `(I) adjudicating the applications;
- `(II) taking and processing biometrics;
- `(III) performing national security and criminal checks, including adjudication;
- `(IV) preventing and investigating fraud; and
- `(V) the administration of the fees collected.
- `(ii) AUTHORITY TO LIMIT FEES- The Secretary, by regulation, may--
- `(I) limit the maximum processing fee payable under this subparagraph by a family, including spouses and children; and
- `(II) exempt other defined classes of individuals from the payment of the fee authorized under clause (i).
- `(iii) DEPOSIT AND USE OF FEES- Fees collected under this subparagraph--
- `(I) shall be deposited into the
Comprehensive Immigration Reform Trust Fund established under section
6(a)(1) of the Border Security, Economic Opportunity, and Immigration
Modernization Act; and
- `(II) may be used for the purposes set forth in section 6(a)(3)(B) of such Act.
- `(B) PENALTIES-
- `(i) IN GENERAL- In addition to the processing
fee required under subparagraph (A) and the penalty required under
section 245B(c)(6)(D), an alien who was 21 years of age or older on the
date on which the Border Security, Economic Opportunity, and Immigration
Modernization Act was originally introduced in the Senate and is filing
an application for adjustment of status under this section shall pay a
$1,000 penalty to the Secretary unless the alien meets the requirements
under section 245D(b).
- `(ii) INSTALLMENTS- The Secretary shall
establish a process for collecting payments required under clause (i)
through periodic installments.
- `(iii) DEPOSIT, ALLOCATION, AND SPENDING OF PENALTIES- Penalties collected under this subparagraph--
- `(I) shall be deposited into the
Comprehensive Immigration Trust Fund established under section 6(a)(1)
of the Border Security, Economic Opportunity, and Immigration
Modernization Act; and
- `(II) may be used for the purposes set forth in section 6(a)(3)(B) of such Act.'.
- (b) Limitation on Registered Provisional Immigrants- An
alien admitted as a registered provisional immigrant may only adjust
status to an alien lawfully admitted for permanent resident status under
section 2302 of this Act.
- (c) Naturalization- Section 319 (8 U.S.C. 1430) is amended--
- (1) in the section heading, by striking `and employees
of certain nonprofit organizations' and inserting `, employees of
certain nonprofit organizations, and other long-term lawful residents';
and
- (2) by adding at the end the following:
- `(f) Any lawful permanent resident who was lawfully present
in the United States and eligible for work authorization for not less
than 10 years before becoming a lawful permanent resident may be
naturalized upon compliance with all the requirements under this title
except the provisions of section 316(a)(1) if such person, immediately
preceding the date on which the person filed an application for
naturalization--
- `(1) has resided continuously within the United States,
after being lawfully admitted for permanent residence, for at least 3
years;
- `(2) during the 3-year period immediately preceding
such filing date, has been physically present in the United States for
periods totaling at least 50 percent of such period; and
- `(3) has resided within the State or in the
jurisdiction of the U.S. Citizenship and Immigration Services field
office in the United States in which the applicant filed such
application for at least 3 months.'.
2102
ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS