TITLE II:IMMIGRANT VISAS

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§ 2103 : THE DREAM ACT
a.

SHORT TITLE.—This section may be cited as the Development, Relief, and Education for Alien Minors Act of 2013 or the DREAM Act 2013.

b.

ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES AS CHILDREN.— Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245C, as added by section 2102of this title, the following:

SEC. 245D. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES AS CHILDREN.

a.

DEFINITIONS.—In this section:

1.

INSTITUTION OF HIGHER EDUCATION.— The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that the term does not include institutions described in subsection (a)(1)(C) of such section.

2.

SECRETARY.—The term Secretary means the Secretary of Homeland Security.

3.

UNIFORMED SERVICES.—The term Uniformed Services has the meaning given the term uniformed services in section 101(a)(5) of title 10, United States Code.

b.

ADJUSTMENT OF STATUS FOR CERTAIN ALIENS WHO ENTERED THE UNITED STATES AS CHILDREN.—

1.

REQUIREMENTS.—

A.

IN GENERAL.—The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the immigrant demonstrates that he or she—

i.

has been a registered provisional immigrant for at least 5 years;

ii.

was younger than 16 years of age on the date on which the alien initially entered the United States;

iii.

has earned a high school diploma a commensurate alternative award from a public or private high school or secondary school, or has obtained a general education development certificate recognized under State law, or a high school equivalency diploma in the United States;

iv.

 I. has acquired a degree from an institution of higher education 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; or

II.

has served in the Uniformed Services for at least 4 years and, if discharged, received an honorable discharge; and

v.

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.

B.

HARDSHIP EXCEPTION.—

i.

IN GENERAL.—The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien—

I.

satisfies the requirements under clauses (i), (ii), (iii), and (v) of subparagraph (A); and

II.

demonstrates compelling circumstances for the inability to satisfy the requirement under subparagraph (A)(iv).

C.

CITIZENSHIP REQUIREMENT.—

i.

IN GENERAL.—Except as provided in clause (ii), the Secretary may not adjust the status of an alien to lawful permanent resident status under this section unless the alien demonstrates that the alien satisfies the requirements under section 312(a).

ii.

EXCEPTION.—Clause (i) shall not apply to an alien whose physical or developmental disability or mental impairment prevents the alien from meeting the requirements such section.

D.

SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA.—The Secretary may not adjust the status of an alien to lawful permanent resident status unless the alien—

i.

submits biometric and biographic data, in accordance with procedures established by the Secretary; or

ii.

complies with an alternative procedure prescribed by the Secretary, if the alien is unable to provide such biometric data because of a physical impairment.

E.

BACKGROUND CHECKS.—

i.

REQUIREMENT FOR BACKGROUND CHECKS.—The Secretary shall utilize biometric, biographic, and other data that the Secretary determines appropriate—

I.

to conduct national security and law enforcement background checks of an alien applying for lawful permanent resident status under this section; and

II.

to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for such status.

ii.

COMPLETION OF BACKGROUND CHECKS.—The Secretary may not adjust an alien’s status to the status of a lawful permanent resident under this subsection until the national security and law enforcement background checks required under clause (i) have been completed with respect to the alien, to the satisfaction of the Secretary.

2.

APPLICATION FOR LAWFUL PERMANENT RESIDENT STATUS.—

A.

IN GENERAL.—A registered provisional immigrant seeking lawful permanent resident status shall file an application for such status in such manner as the Secretary may require.

B.

ADJUDICATION.—

i.

IN GENERAL.—The Secretary shall evaluate each application filed by a registered provisional immigrant under this paragraph to determine whether the alien meets the requirements under paragraph (1).

ii.

ADJUSTMENT OF STATUS IF FAVORABLE DETERMINATION.—If the Secretary determines that the alien meets the requirements under paragraph (1), the Secretary shall notify the alien of such determination and adjust the status of the alien to lawful permanent resident status, effective as of the date of such determination.

iii.

ADVERSE DETERMINATION.—If the Secretary determines that the alien does not meet the requirements under paragraph (1), the Secretary shall notify the alien of such determination.

C.

DACA RECIPIENTS.—The Secretary may adopt streamlined procedures for applicants for adjustment to lawful permanent resident status under this section who were granted Deferred Action for Childhood Arrivals pursuant to the Secretary’s memorandum of June 15, 2012.

3.

TREATMENT FOR PURPOSES OF NATURALIZATION.—

A.

IN GENERAL.—An alien granted lawful permanent resident status under this section shall be considered, for purposes of title III—

i.

to have been lawfully admitted for permanent residence; and

ii.

to have been in the United States as an alien lawfully admitted to the United States for permanent residence during the period the alien was a registered provisional immigrant.

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B.

LIMITATION ON APPLICATION FOR NATURALIZATION.—An alien may not apply for naturalization while the alien is in registered provisional immigrant status, except for an alien described in paragraph (1)(A)(ii) pursuant to section 328 or 329.

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c.

EXEMPTION FROM NUMERICAL LIMITATIONS.— Section 201(b)(1)(8 U.S.C. 1151(b)(1))is amended—

1.

by redesignating subparagraph (E) as subparagraph (F); and

2.

by inserting after subparagraph (D) the following:

E.

Aliens whose status is adjusted to permanent resident status under section 245Cor 245D.

d.

RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION.—

1.

REPEAL.—Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

2.

EFFECTIVE DATE.—The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208).

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e.

NATURALIZATION.—Section 328(a) (8 U.S.C. 1439(a)) is amended by inserting , without having been lawfully admitted to the United States for permanent resident, and after naturalized.

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f.

LIMITATION ON FEDERAL STUDENT ASSISTANCE.—Notwithstanding any other provision of law, aliens granted registered provisional immigrant status and who initially entered the United States before reaching 16 years of age and aliens granted blue card status shall be eligible only for the following assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.):

1.

Student loans under parts D and E of such title IV (20 U.S.C. 1087a et seq. and 1087aa et seq.), subject to the requirements of such parts.

2.

Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

3.

Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

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