[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5869 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5869

 To authorize the cancellation of removal and adjustment of status of 
   certain aliens who are long-term United States residents and who 
     entered the United States as children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 30, 2012

  Mr. Rivera introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
 Homeland Security and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the cancellation of removal and adjustment of status of 
   certain aliens who are long-term United States residents and who 
     entered the United States as children, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as--
            (1) the ``Studying Towards Adjusted Residency Status Act''; 
        or
            (2) the ``STARS Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Cancellation of removal of certain long-term residents who 
                            entered the United States as children.
Sec. 5. Conditional nonimmigrant status.
Sec. 6. Adjustment of status.
Sec. 7. Treatment of aliens meeting requirements for extension of 
                            conditional nonimmigrant status.
Sec. 8. Exclusive jurisdiction.
Sec. 9. Penalties for false statements.
Sec. 10. Confidentiality of information.
Sec. 11. Treatment of conditional nonimmigrants for certain purposes.
Sec. 12. GAO report.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) In general.--Except as otherwise specifically provided, 
        a term used in this Act that is used in the immigration laws 
        shall have the meaning given such term in the immigration laws.
            (2) Conditional nonimmigrant.--
                    (A) Definition.--The term ``conditional 
                nonimmigrant'' means an alien who is granted 
                conditional nonimmigrant status under this Act.
                    (B) Description.--A conditional nonimmigrant--
                            (i) shall be considered to be an alien 
                        within a nonimmigrant class for purposes of the 
                        immigration laws;
                            (ii) may have the intention permanently to 
                        reside in the United States; and
                            (iii) is not required to have a foreign 
                        residence which the alien has no intention of 
                        abandoning.
            (3) Immigration laws.--The term ``immigration laws'' has 
        the meaning given such term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (4) 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 an 
        institution of higher education outside the United States.

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 earned a high school diploma or 
                obtained a general education development certificate in 
                the United States;
                    (C) the alien has been admitted to an accredited 4-
                year institution of higher education in the United 
                States;
                    (D) the alien has been a person of good moral 
                character (as defined in section 101(f) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(f))) 
                since the date the alien initially entered 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 19 years;
                    (F) the alien was younger than 19 years of age on 
                the date of the submission of the application under 
                this section, except that the alien may submit an 
                application under this section before attaining the age 
                of 21 years in the case of an alien who, before 
                attaining the age of 19 years, was granted voluntary 
                departure; and
                    (G) subject to paragraph (2), the alien--
                            (i) is not inadmissible under paragraph 
                        (1), (2), (3), (4), (6)(E), (6)(G), (8), 
                        (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.
            (2) Waiver.--With respect to any benefit under this Act, 
        the Secretary of Homeland Security may waive the ground of 
        inadmissibility under paragraph (1), (4), or (6) of section 
        212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) and the ground of deportability under paragraph (1) of 
        section 237(a) of that Act (8 U.S.C. 1227(a)) 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) Surcharge.--The Secretary of Homeland Security shall 
        charge and collect a surcharge of $525 per application on all 
        applications for relief under this subsection. Such surcharge 
        shall be in addition to the otherwise applicable application 
        fee imposed for the purpose of recovering the full costs of 
        providing adjudication and processing services. Notwithstanding 
        any other provision of law, including section 286 of the 
        Immigration and Nationality Act (8 U.S.C. 1356), any surcharge 
        collected under this paragraph shall be deposited as offsetting 
        receipts in the General Fund of the Treasury and shall not be 
        available for obligation or expenditure.
            (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) 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 and timing of such observation and examination.
            (8) 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) 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.
    (e) 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 an initial period of 5 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 or the alien was 
                absent from the United States due to active service in 
                the armed forces.
    (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) failed to enroll in an accredited 4-year 
                institution of higher education in the United States 
                within 1 year after the date on which the alien was 
                granted conditional nonimmigrant status or to remain so 
                enrolled;
                    (B) ceases to meet the requirements of subparagraph 
                (D) of section 4(a)(1); or
                    (C) has become a public charge.
            (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.
    (d) Extension of Status.--
            (1) Eligibility.--The Secretary of Homeland Security shall 
        extend the conditional nonimmigrant status of an alien for a 
        second period of 5 years if the following requirements are 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)(G).
                    (C) The alien has not abandoned the alien's 
                residence in the United States. For purposes of this 
                subparagraph, 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.
                    (D) The alien has been graduated from an accredited 
                4-year institution of higher education in the United 
                States.
            (2) Surcharge.--The Secretary of Homeland Security shall 
        charge and collect a surcharge of $2,000 per application on all 
        applications for an extension under this subsection. Such 
        surcharge shall be in addition to the otherwise applicable 
        application fee imposed for the purpose of recovering the full 
        costs of providing adjudication and processing services. 
        Notwithstanding any other provision of law, including section 
        286 of the Immigration and Nationality Act (8 U.S.C. 1356), any 
        surcharge collected under this paragraph shall be deposited as 
        offsetting receipts in the General Fund of the Treasury and 
        shall not be available for obligation or expenditure.

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 paragraphs (1) through (3) of 
        subsection (d).
            (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.--
            (1) In general.--An alien shall file an application for 
        adjustment of status during the period--
                    (A) beginning 3 years after the date on which the 
                alien obtained an extension of status under section 
                5(d); and
                    (B) ending on either the date that is 10 years 
                after the date of the initial grant 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.
            (2) Status during pendency.--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) 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:
            (1) The alien has demonstrated good moral character during 
        the entire period the alien has been a conditional 
        nonimmigrant.
            (2) The alien is in compliance with section 4(a)(1)(G).
            (3) The alien has not abandoned the alien's residence in 
        the United States. For purposes of this paragraph, the 
        Secretary shall presume that the alien has abandoned such 
        residence if the alien is absent from the United States for 
        more than 730 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.
    (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. 1423(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) 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) 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 5 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 334 of the Immigration and Nationality Act (8 
U.S.C. 1445).

SEC. 7. TREATMENT OF ALIENS MEETING REQUIREMENTS FOR EXTENSION OF 
              CONDITIONAL NONIMMIGRANT STATUS.

    If, on the date of the enactment of this Act, an alien has 
satisfied all the requirements of sections 4(a)(1) and 5(d)(1)(D), the 
Secretary of Homeland Security may cancel removal and grant conditional 
nonimmigrant status in accordance with section 4, and may extend 
conditional nonimmigrant status in accordance with section 5(d). The 
alien may apply for adjustment of status in accordance with section 
6(a) if the alien has met the requirements of section 5(d)(1) during 
the entire period of conditional nonimmigrant status.

SEC. 8. EXCLUSIVE JURISDICTION.

    The Secretary of Homeland Security shall have exclusive 
jurisdiction to determine eligibility for relief under this Act, except 
where the alien has been placed into deportation, exclusion, or removal 
proceedings either prior to or after filing an application for 
cancellation of removal and conditional nonimmigrant status or 
adjustment of status under this Act, in which case the Attorney General 
shall have exclusive jurisdiction and shall assume all the powers and 
duties of the Secretary until proceedings are terminated, or if a final 
order of deportation, exclusion, or removal is entered the Secretary 
shall resume all powers and duties delegated to the Secretary under 
this Act. If the Secretary grants relief under this Act, the final 
order of deportation, exclusion, or removal shall be terminated.

SEC. 9. PENALTIES FOR FALSE STATEMENTS.

    Whoever files an application for any benefit under this Act and 
willfully and knowingly falsifies, misrepresents, or conceals a 
material fact or makes any false or fraudulent statement or 
representation, or makes or uses any false writing or document knowing 
the same to contain any false or fraudulent statement or entry, shall 
be fined in accordance with title 18, United States Code, imprisoned 
not more than 5 years, or both.

SEC. 10. CONFIDENTIALITY OF INFORMATION.

    (a) Prohibition.--Except as provided in subsection (b), no officer 
or employee of the United States may--
            (1) use the information furnished by an individual pursuant 
        to an application filed under this Act to initiate removal 
        proceedings against any person identified in the application;
            (2) make any publication whereby the information furnished 
        by any particular individual pursuant to an application under 
        this Act can be identified; or
            (3) permit anyone other than an officer or employee of the 
        United States Government or, in the case of an application 
        filed under this Act with a designated entity, that designated 
        entity, to examine such application filed under this Act.
    (b) Required Disclosure.--The Attorney General or the Secretary of 
Homeland Security shall provide the information furnished under this 
Act, and any other information derived from such furnished information, 
to--
            (1) a Federal, State, tribal, or local law enforcement 
        agency, intelligence agency, national security agency, 
        component of the Department of Homeland Security, court, or 
        grand jury in connection with a criminal investigation or 
        prosecution, a background check conducted pursuant to the Brady 
        Handgun Violence Protection Act (Public Law 103-159; 107 Stat. 
        1536) or an amendment made by that Act, or for homeland 
        security or national security purposes, if such information is 
        requested by such entity or consistent with an information 
        sharing agreement or mechanism; or
            (2) an official coroner for purposes of affirmatively 
        identifying a deceased individual (whether or not such 
        individual is deceased as a result of a crime).
    (c) Fraud in Application Process or Criminal Conduct.--
Notwithstanding any other provision of this section, information 
concerning whether an alien seeking relief under this Act has engaged 
in fraud in an application for such relief or at any time committed a 
crime may be used or released for immigration enforcement, law 
enforcement, or national security purposes.
    (d) Penalty.--Whoever knowingly uses, publishes, or permits 
information to be examined in violation of this section shall be fined 
not more than $10,000.

SEC. 11. TREATMENT OF CONDITIONAL NONIMMIGRANTS FOR CERTAIN PURPOSES.

    (a) In General.--An individual granted conditional nonimmigrant 
status under this Act shall, while such individual remains in such 
status, be considered lawfully present for all purposes except--
            (1) section 36B of the Internal Revenue Code of 1986 
        (concerning premium tax credits), as added by section 1401 of 
        the Patient Protection and Affordable Care Act (Public Law 111-
        148); and
            (2) section 1402 of the Patient Protection and Affordable 
        Care Act (concerning reduced cost sharing; 42 U.S.C. 18071).
    (b) For Purposes of the 5-Year Eligibility Waiting Period Under 
PRWORA.--An individual who has met the requirements under this Act for 
adjustment from conditional nonimmigrant status to lawful permanent 
resident status shall be considered, as of the date of such adjustment, 
to have completed the 5-year period specified in section 403 of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1613).

SEC. 12. GAO REPORT.

    Not later than 7 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report setting forth--
            (1) the number of aliens who were eligible for cancellation 
        of removal and grant of conditional nonimmigrant status under 
        section 4(a);
            (2) the number of aliens who applied for cancellation of 
        removal and grant of conditional nonimmigrant status under 
        section 4(a);
            (3) the number of aliens who were granted conditional 
        nonimmigrant status under section 4(a); and
            (4) the number of aliens whose status was adjusted to that 
        of an alien lawfully admitted for permanent residence under 
        section 6.
                                 <all>