§ 2102 : ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS

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 2101of 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 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 245Band 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 INADMISSIBILITY.—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 Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986 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 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—

aa.

the name, address, and telephone number of the affiant;

bb.

the nature and duration of the relationship between the affiant and the alien; and

cc.

other verification or information;

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, including a public 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 and technical 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 high school equivalency diploma, certificate 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 or completed other applicable State requirements for high school equivalency.

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 for an extension of registered provisional immigrant status or at least 65 years of age on the date on which the alien’s application for adjustment of status is filed 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 312may 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 on or [Schumer1]after the date on which the aliens application for registered provisional immigrant status is granted.

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 Immigration Examinations Fee Account pursuant to section 286(m); and

II.

shall remain available until expended pursuant to section 286(n).

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.