Safe Environment from Countries Under Repression and Emergency Act
Date: March 26, 2019 Official Title: To provide a process for granting lawful permanent resident status to aliens from certain countries who meet specified eligibility requirements, and for other purposes.Short titles This Act may be cited as the "Safe Environment from Countries Under Repression and Emergency Act" or the "SECURE Act". * (A) In general Notwithstanding section 245(c) of the Immigration and Nationality Act (), the status of any alien described in subsection (b)(1) shall be adjusted by the Secretary of Homeland Security to that of an alien lawfully admitted for permanent residence if the alien— * (i) is not inadmissible under paragraph (2) or (3) of section 212(a) of such Act (); * (ii) is not deportable under paragraph (2), (3), or (4) of section 237(a) of such Act (); and * (iii) is not described in section 208(b)(2)(A)(i) of such Act (). * (B) Treatment of expunged convictions For purposes of this Act, the term does not include a judgment that has been expunged or set aside that resulted in a rehabilitative disposition or the equivalent. * (A) In general Except as provided in subparagraph (B), any alien who is physically present in the United States may apply for adjustment of status under this section. * (B) Applications from outside United States for certain aliens previously removed or who departed In the case of an alien who, on or after September 28, 2016, was removed from the United States or departed pursuant to an order of voluntary departure, the alien may apply for adjustment of status under this section from outside the United States if, on the day before the date on which the alien was so removed or so departed, the alien was an alien described in subsection (b)(1). * (i) In general The Secretary of Homeland Security shall require any alien applying for permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. Such fee may not exceed $1,140. * (ii) Fee exemption An applicant may be exempted from paying the application fee required under clause (i) if the applicant— * (I) is younger than 18 years of age; * (II) received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this section, that is less than 150 percent of the Federal poverty line; * (III) is in foster care or otherwise lacking any parental or other familial support; or * (IV) cannot care for himself or herself because of a serious, chronic disability. * (i) Motion not required An alien described in subparagraph (A) or (B) who has been the subject of an order of removal or voluntary departure may not be required, as a condition of submitting or approving an application under such subparagraph, to file a motion to reopen, reconsider, or vacate such order. * (ii) Approval If the Secretary of Homeland Security approves an application submitted by an alien under this paragraph, the Secretary shall cancel any order of removal or voluntary departure to which the alien is or was subject. * (iii) Denial If the Secretary of Homeland Security renders a final administrative decision to deny an application submitted by an alien under this paragraph, any order of removal or voluntary departure to which the alien is subject shall be effective and enforceable to the same extent as if such application had not been made.