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S. 5138IntroducedSenate · nowHousePresidentLawIn committee
Sec. 112 · S. 5138

Expansion of cancellation of removal

Title I — Protecting immigrant families › Subtitle B — Relief from removal

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(a) In general Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking 10 and inserting 7; and (ii) by amending subparagraph (D) to read as follows: (D) establishes that removal would result in extreme hardship to— (i) the alien; or (ii) the alien's spouse, parent, or child who is a citizen of the United States or an alien lawfully admitted for permanent residence.; and (B) by adding at the end the following: (7) Waiver of extreme hardship The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (b)(1)(D) in the case of an alien who is the parent, spouse, or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence and in the case of an alien who is an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. (8) Affirmative application process (A) In general The Secretary of Homeland Security may cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in paragraph (1) or (2), who— (i) demonstrates that the alien is the spouse, parent, son or daughter, or legal guardian of a citizen of the United States; and (ii) submits to the Secretary of Homeland Security an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Numerical limitations Notwithstanding any other provision of law, an alien admitted to the United States under this section shall not be subject to any numerical limitation.; and (2) by striking subsection (e). (b) Regulations Not later than 9 months after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate final regulations setting forth procedures and requirements with respect to the processing and adjudication of affirmative applications for cancellation of removal under paragraph (7) of section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as added by subsection (a)(1)(B).

Sec. 112: Expansion of cancellation of removal · Public Law Tracker