&sect; 2101 : REGISTERED PROVISIONAL IMMIGRANT STATUS

IN GENERAL.—The alien—

i.: shall be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status;
ii.: shall have been physically present in the United States on or before December 31, 2011; and
iii.: shall have maintained continuous physical presence in the United States from December 31, 2011, until the date on which the alien is granted status as a registered provisional immigrant under this section.

BREAK IN PHYSICAL PRESENCE.—

i.: IN GENERAL.—Except as provided in clause (ii), an alien who is absent from the United States without authorization after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act does not meet the continuous physical presence requirement set forth in subparagraph (A)(iii).
ii.: EXCEPTION.—An alien who departed from the United States after December 31, 2011 will not be considered to have failed to maintain continuous presence in the United States if the alien’s absences from the United States are brief, casual, and innocent whether or not such absences were authorized by the Secretary.

3.

GROUNDS FOR INELIGIBILITY.—

IN GENERAL.—Except as provided in subparagraph (B), an alien is ineligible for registered provisional immigrant status if the Secretary determines that the alien—

has a conviction for—

I.: an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien’s immigration [Schumer1]status or a violation of this Act);
II.: an aggravated felony (as defined in section 101(a)(43)at the time of the conviction);
III.: 3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien’s immigration status or violations of this Act) if the alien was convicted on different dates for each of the 3 offenses;
IV.: any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible under section 212(a)(excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph (3) of section 237(a);
V.: unlawful voting (as defined in section 237(a)(6));

is inadmissible under section 212(a), except that in determining an alien’s inadmissibility—

I.: paragraphs (4),(5),(7), and (9)(B) of section 212(a)shall not apply;
II.: subparagraphs (A), (C), (D), (F), and (G) of section 212(a)(6)and paragraphs (9)(C)and (10)(B) of section 212(a)shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act; and
III.: paragraphs (6)(B)and (9)(A) of section 212(a)shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section;

is an alien who the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or

was, on April 16, 2013—

I.: an alien lawfully admitted for permanent residence;
II.: an alien admitted as a refugee under section 207or granted asylum under section 208; or
III.: an alien who, according to the records of the Secretary or the Secretary of State, is lawfully present in the United States in any nonimmigrant status (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4)or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110–229)), notwithstanding any unauthorized employment or other violation of nonimmigrant status.

WAIVER.—

IN GENERAL.—The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a)that is not listed in clause (ii) on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a)conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section.

EXCEPTIONS.—The discretionary authority under clause (i) may not be used to waive—

I.: subparagraph (B),(C),(D)(ii),(E),(G),(H), or (I) of section 212(a)(2);
II.: section 212(a)(3);
III.: subparagraph (A),(C),(D), or (E) of section 212(a)(10); or
IV.: with respect to misrepresentations relating to the application for registered provisional immigrant status, section 212(a)(6)(C)(i).

CONVICTION EXPLAINED.—For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent.

RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien.

4.

APPLICABILITY OF OTHER PROVISIONS.— Sections 208(d)(6) and 240B(d) shall not apply to any alien filing an application for registered provisional immigrant status under this section.

5.

DEPENDENT SPOUSE AND CHILDREN.—

IN GENERAL.—Notwithstanding any other provision of law, the Secretary may classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child—

[Flake3/Schumer]

i.: was physically present in the United States on or before December 31, 2012, and has maintained continuous presence in the United States from that date until the date on which the registered provisional immigrant is granted such status, with the exception of absences from the United States that are brief, casual, and innocent, whether or not such absences were authorized by the Secretary; and
[end]
ii.: meets all of the eligibility requirements set forth in this subsection, other than the requirements of clause (ii) or (iii) of paragraph (2)(A).

EFFECT OF TERMINATION OF LEGAL RELATIONSHIP OR DOMESTIC VIOLENCE.—If the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien’s spouse or child is terminated due to death or divorce or the spouse or child has been battered or subjected to extreme cruelty by the alien (regardless of whether the legal relationship terminates), the spouse or child may apply for classification as a registered provisional immigrant

EFFECT OF DISQUALIFICATION OF PARENT.—Notwithstanding subsection (c)(3), if the application of a spouse or parent for registered provisional immigrant status is terminated or revoked, the husband, wife, or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent or spouse.

c.

APPLICATION PROCEDURES.—

1.

IN GENERAL.—An alien, or the dependent spouse or child of such alien, who meets the eligibility requirements set forth in subsection (b) may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, by submitting a completed application form to the Secretary during the application period set forth in paragraph (3), in accordance with the final rule promulgated by the Secretary under the Border Security, Economic Opportunity, and Immigration Modernization Act. An applicant for registered provisional immigrant status shall be treated as an applicant for admission.

2.

PAYMENT OF TAXES.—

A.: IN GENERAL.—An alien may not file an application for registered provisional immigrant status under paragraph (1) unless the applicant has satisfied any applicable Federal tax liability.
B.: DEFINITION OF APPLICABLE FEDERAL TAX LIABILITY.—In this paragraph, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.
C.: DEMONSTRATION OF COMPLIANCE.— An applicant may demonstrate compliance with this paragraph by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury.

3.

APPLICATION PERIOD.—

A.: INITIAL PERIOD.—Except as provided in subparagraph (B), the Secretary may only accept applications for registered provisional immigrant status from aliens in the United States during the 1-year period beginning on the date on which the final rule is published in the Federal Register pursuant to paragraph (1).
B.: EXTENSION.—If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for registered provisional immigrant status or for other good cause, the Secretary may extend the period for accepting applications for such status for an additional 18 months.

4.

APPLICATION FORM.—

[Hirono20]

REQUIRED INFORMATION.—

IN GENERAL.—The application form referred to in paragraph (1) shall collect such information as the Secretary determines to be necessary and appropriate, including, for the purpose of understanding immigration trends—

I.: an explanation of how, when, and where the alien entered the United States;
II.: the country in which the alien resided before entering the United States; and
III.: other demographic information specified by the Secretary.

PRIVACY PROTECTIONS.—Information described in subclauses (I) through (III) of clause (i), which shall be provided anonymously by the applicant on the application form referred to in paragraph (1), shall be subject to the same confidentiality provisions as those set forth in section 9 of title 13, United States Code.

REPORT.—The Secretary shall submit a report to Congress that contains a summary of the statistical data about immigration trends collected pursuant to clause (i).

[end]

FAMILY APPLICATION.—The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children, who are residing in the United States.

INTERVIEW.—The Secretary may interview applicants for registered provisional immigrant status under this section to determine whether they meet the eligibility requirements set forth in subsection (b).

5.

ALIENS APPREHENDED BEFORE OR DURING THE APPLICATION PERIOD.—If an alien who is apprehended during the period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and the end of the application period described in paragraph (3) appears prima facie eligible for registered provisional immigrant status, to the satisfaction of the Secretary, the Secretary—

A.: shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and
B.: may not remove the individual until a final administrative determination is made on the application.

6.

ELIGIBILITY AFTER DEPARTURE.—

IN GENERAL.—An alien who departed from the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure and who is outside of the United States, or who has reentered the United States illegally after December 31, 2011 without receiving the Secretary’s consent to reapply for admission under section 212(a)(9), shall not be eligible to file an application for registered provisional immigrant status.

WAIVER.—The Secretary, in the Secretary’s sole and unreviewable discretion [Cornyn4]subject to subparagraph (D),, may waive the application of subparagraph (A) on behalf of an alien if the alien—

i.: is the spouse or child of a United States citizen or lawful permanent resident;
ii.: is the parent of a child who is a United States citizen or lawful permanent resident;
iii.: meets the requirements set forth in clauses (ii)and (iii) of section 245D(b)(1)(A); or
iv.: meets the requirements set forth in section 245D(b)(1)(A)(ii), is 16 years or older on the date on which the alien applies for registered provisional immigrant status, and was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act.

ELIGIBILITY.— [Cornyn4]Subject to subparagraph (D) and notwithstanding subsection (b)(2), section 241(a)(5), or a prior order of exclusion, deportation, or removal, an alien described in subparagraph (B) who is otherwise eligible for registered provisional immigrant status may file an application for such status.

[Cornyn4]

CRIME VICTIMS' RIGHTS TO NOTICE AND CONSULTATION.—Prior to applying, or exercising, any authority under this paragraph, or ruling upon an application allowed under subparagraph (C) the Secretary shall—

determine whether or not an alien described under subparagraph (B) or (C) has a conviction for any criminal offense;

in consultation with the agency that prosecuted the criminal offense under clause (i), if the agency, in the sole discretion of the agency, is willing to cooperate with the Secretary, make all reasonable efforts to identify each victim of a crime for which an alien determined to be a criminal under clause (i) has a conviction;

in consultation with the agency that prosecuted the criminal offense under clause (i), if the agency, in the sole discretion of the agency, is willing to cooperate with the Secretary, make all reasonable efforts to provide each victim identified under clause (ii) with written notice that the alien is being considered for a waiver under this paragraph, specifying in such notice that the victim may —

I.: take no further action;
II.: request written notification by the Secretary of any subsequent application for waiver filed by the criminal alien under this paragraph and of the final determination of the Secretary regarding such application; or
III.: not later than 60 days after the date on which the victim receives written notice under this clause, request a consultation with the Secretary relating to whether the application of the offender should be granted and if the victim cannot be located or if no response is received from the victim within the designated time period, the Secretary shall proceed with adjudication of the application; and

at the request of a victim under clause (iii), consult with the victim to determine whether or not the Secretary should, in the case of an alien who is determined under clause (i) to have a conviction for any criminal offense, exercise waiver authority for an alien described under subparagraph (B), or grant the application of an alien described under subparagraph (C).

E.

CRIME VICTIMS' RIGHT TO INTERVENTION . — In addition to the victim notification and consultation provided for in subparagraph (D), the Secretary shall allow the victim of a criminal alien described under subparagraph (B) or (C) to request consultation regarding, or notice of, any application for waiver filed by the criminal alien under this paragraph, including the final determination of the Secretary regarding such application.

F.

CONFIDENTIALITY PROTECTIONS FOR CRIME VICTIMS. — The Secretary and the Attorney General may not make an adverse determination of admissibility or deportability of any alien who is a victim and not lawfully present in the United States based solely on information supplied or derived in the process of identification, notification, or consultation under this paragraph.

G.

REPORTS REQUIRED.— Not later than September 30 of each fiscal year in which the Secretary exercises authority under this paragraph to rule upon the application of a criminal offender allowed under subparagraph (C), the Secretary shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report detailing the execution of the victim identification and notification process required under subparagraph (D), which shall include —

i.: the total number of criminal offenders who have filed an application under subparagraph (C) and the crimes committed by such offenders;
ii.: the total number of criminal offenders whose application under subparagraph (C) has been granted and the crimes committed by such offenders; and
iii.: the total number of victims of criminal offenders under clause (ii) who were not provided with written notice of the offender’s application and the crimes committed against the victims.

H.

DEFINITION.—In this paragraph, the term victim has the meaning given the term in section 503(e) of the Victims Rights and Restitution Act of 1990 (42 U.S.C. 10607(e)).

[end]

7.

SUSPENSION OF REMOVAL DURING APPLICATION PERIOD.—

PROTECTION FROM DETENTION OR REMOVAL.—A registered provisional immigrant may not be detained by the Secretary or removed from the United States, unless—

the Secretary determines that—

I.: such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); or
II.: the alien’s registered provisional immigrant status has been revoked under subsection (d)(2).

ALIENS IN REMOVAL PROCEEDINGS.—Notwithstanding any other provision of this Act—

if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of [Schumer1]the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

I.: the Secretary shall provide the alien with the opportunity to file an application for such status; and
II.: upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall—
aa.: terminate such proceedings without prejudice to future proceedings on any basis; and
bb.: provide the alien a reasonable opportunity to apply for such status; and

if the Executive Office for Immigration Review determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section—

I.: the Executive Office of Immigration Review shall notify the Secretary of such determination; and
II.: if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall—
aa.: terminate such proceedings without prejudice to future proceedings on any basis; and
bb.: permit the alien a reasonable opportunity to apply for such status.

TREATMENT OF CERTAIN ALIENS.—

IN GENERAL.—If an alien who meets the eligibility requirements set forth in subsection (b) is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act—

I.: notwithstanding such order or section 241(a)(5), the alien may apply for registered provisional immigrant status under this section; and
II.: if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence.

LIMITATIONS ON MOTIONS TO REOPEN.—The limitations on motions to reopen set forth in section 240(c)(7)shall not apply to motions filed under clause (i)(II).

PERIOD PENDING ADJUDICATION OF APPLICATION.—

IN GENERAL.—During the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph (1) and the date on which the Secretary makes a final decision regarding such application, the alien—

I.: may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;
II.: may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3);
III.: shall not be considered unlawfully present for purposes of section 212(a)(9)(B); and
IV.: shall not be considered an unauthorized alien (as defined in section 274A(h)(3)).

EVIDENCE OF APPLICATION FILING.—As soon as practicable after receiving each application for registered provisional immigrant status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application.

CONTINUING EMPLOYMENT.— An employer who knows that an alien employee is an applicant for registered provisional immigrant status or will apply for such status once the application period commences is not in violation of section 274A(a)(2)if the employer continues to employ the alien pending the adjudication of the alien employee’s application.

EFFECT OF DEPARTURE.— Section 101(g)shall not apply to an alien granted—

I.: advance parole under clause (i)(I) to reenter the United States; or
II.: registered provisional immigrant status.

8.

SECURITY AND LAW ENFORCEMENT CLEARANCES.—

BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary.

ALTERNATIVE PROCEDURES.—The Secretary shall provide an alternative procedure for applicants who cannot provide the biometric data required under subparagraph (A) because of a physical impairment.

CLEARANCES.—

DATA COLLECTION.—The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate—

I.: to conduct national security and law enforcement clearances; and
II.: to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status.
[Graham3]

ADDITIONAL SECURITY SCREENING.—The Secretary, in consultation with the Secretary of State and other interagency partners, shall conduct an additional security screening upon determining, in the Secretary’s opinion based upon information related to national security, that an alien or alien dependent spouse or child is or was a citizen or long-term resident of a region or country known to pose a threat, or that contains groups or organizations that pose a threat, to the national security of the United States.

b [end]

PREREQUISITE.—The required clearances and screenings described in [Graham3] clauses (i)(I) and (ii) shall be completed before the alien may be granted registered provisional immigrant status.

9.

DURATION OF STATUS AND EXTENSION .—

IN GENERAL.—The initial period of authorized admission for a registered provisional immigrant—

shall remain valid for 6 years unless revoked pursuant to subsection (d)(2); and

may be extended for additional 6-year terms if—

I.: the alien remains eligible for registered provisional immigrant status;
II.: the alien meets the employment requirements set forth in subparagraph (B); and
[Flake3]
III.: the alien has successfully passed background checks that are equivalent to the background checks described in section 245D(b)(1)(E); and
[end]
IV.: such status was not revoked by the Secretary for any reason.

EMPLOYMENT OR EDUCATION REQUIREMENT.—Except as provided in subparagraphs (D)and (E) of section 245C(b)(3), an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that, during the alien’s period of status as a registered provisional immigrant, the alien—

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

is able to demonstrate average income or resources that are not less than 100 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

PAYMENT OF TAXES.—An applicant may not be granted an extension of registered provisional immigrant status under subparagraph (A)(ii) unless the applicant has satisfied any applicable Federal tax liability in accordance with paragraph (2).

10.

FEES AND PENALTIES.—

STANDARD PROCESSING FEE.—

IN GENERAL.—Aliens who are 16 years of age or older and are applying for registered provisional immigrant status under paragraph (1), or for an extension of such status under paragraph (9)(A)(ii), shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary.

RECOVERY OF COSTS.—The processing fee authorized under clause (i) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred—

I.: to adjudicate the application;
II.: to take and process biometrics;
III.: to perform national security and criminal checks, including adjudication;
IV.: to prevent and investigate fraud; and
V.: to administer the collection of such fee.

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 unmarried children younger than 21 years of age; and
II.: exempt defined classes of individuals, including individuals described in section 245B(c)(13), from the payment of the fee authorized under clause (i).

DEPOSIT AND USE OF PROCESSING FEES.—Fees collected under subparagraph (A)(i)—

i.: shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and
ii.: shall remain available until expended pursuant to section 286(n).

PENALTY.—

i.: PAYMENT.—In addition to the processing fee required under subparagraph (A), aliens not described in section 245D(b)(A)(ii)who are 21 years of age or older and are filing an application under this subsection shall pay a $1,000 penalty to the Department of Homeland Security.
ii.: INSTALLMENTS.—The Secretary shall establish a process for collecting payments required under clause (i) [Hirono12] that permits the penalty under that clause to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph (9)(A)(ii).
iii.: DEPOSIT.—Penalties collected pursuant to this subparagraph 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.

11.

ADJUDICATION.—

FAILURE TO SUBMIT SUFFICIENT EVIDENCE.—The Secretary shall deny an application submitted by an alien who fails to submit—

i.: requested initial evidence, including requested biometric data; or
ii.: any requested additional evidence by the date required by the Secretary.

AMENDED APPLICATION.—An alien whose application for registered provisional immigrant status is denied under subparagraph (A) may file an amended application for such status to the Secretary if the amended application—

i.: is filed within the application period described in paragraph (3); and
ii.: contains all the required information and fees that were missing from the initial application.

12.

EVIDENCE OF REGISTERED PROVISIONAL IMMIGRANT STATUS.—

IN GENERAL.—The Secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved.

DOCUMENTATION FEATURES.—Documentary evidence provided under subparagraph (A)—

i.: shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;
ii.: shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States;
iii.: may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B);
iv.: shall indicate that the alien is authorized to work in the United States for up to 3 years; and
v.: shall include such other features and information as may be prescribed by the Secretary.

13.

DACA RECIPIENTS.—Unless the Secretary determines that an alien who was granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA) pursuant to the Secretary’s memorandum of June 15, 2012, has engaged in conduct since the alien was granted DACA that would make the alien ineligible for registered provisional immigrant status, the Secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien.

d.

TERMS AND CONDITIONS OF REGISTERED PROVISIONAL IMMIGRANT STATUS.—

1.

CONDITIONS OF REGISTERED PROVISIONAL IMMIGRANT STATUS.—

EMPLOYMENT.—Notwithstanding any other provision of law, including section 241(a)(7), a registered provisional immigrant shall be authorized to be employed in the United States while in such status.

TRAVEL OUTSIDE THE UNITED STATES.—A registered provisional immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if—

the alien is in possession of—

I.: valid, unexpired documentary evidence of registered provisional immigrant status that complies with subsection (c)(12); or
II.: a travel document, duly approved by the Secretary, that was issued to the alien after the alien’s original documentary evidence was lost, stolen, or destroyed;

the alien’s absence from the United States did not exceed 180 days, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control;

the alien meets the requirements for an extension as described in subclauses (I) and (III) of paragraph (9)(A); and

the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3).

ADMISSION.—An alien granted registered provisional immigrant status under this section shall be considered to have been admitted and lawfully present in the United States in such status as of the date on which the alien’s application was filed.

CLARIFICATION OF STATUS.—An alien granted registered provisional immigrant status—

i.: is lawfully admitted to the United States; and
ii.: may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

2.

REVOCATION.—

IN GENERAL.—The Secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c), if the alien—

no longer meets the eligibility requirements set forth in subsection (b);

knowingly used documentation issued under this section for an unlawful or fraudulent purpose;

[Flake4]

is convicted of fraudulently claiming or receiving a Federal means-tested benefit (as defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) after being granted registered provisional immigrant status; or

[end]

was absent from the United States—

I.: for any single period longer than 180 days in violation of the requirements set forth in paragraph (1)(B)(ii); or
II.: for more than 180 days in the aggregate during any calendar year, unless the alien’s failure to timely return was due to extenuating circumstances beyond the alien’s control.

ADDITIONAL EVIDENCE.—In determining whether to revoke an alien’s status under subparagraph (A), the Secretary may require the alien—

i.: to submit additional evidence; or
ii.: to appear for an interview.