Recognizing American Children Act

Recognizing American Children Act

This bill authorizes the Department of Homeland Security (DHS) to cancel the removal of, and adjust to conditional nonimmigrant for an initial five-year period the status of, an alien who:

• was younger than 16 years old when he or she initially entered the United States and who has been physically present in the United States since January 1, 2010;
• is a person of good moral character;
• is not inadmissible or deportable on specified grounds under the Immigration and Nationality Act;
• has not participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
• has not been convicted of certain offenses under federal or state law;
• is 18 years or older and has earned a high school diploma, general education development certificate, or high school equivalency diploma in the United States, has been admitted to an institution of higher education, or has a valid work authorization; and
• has never been under a final order of exclusion, deportation, or removal unless the alien has remained in the United States under color of law after such order's issuance or received the order before attaining the age of 18.

An alien applying for relief under this bill shall: (1) register under the Military Selective Service Act if so required, (2) undergo a medical examination, (3) submit biometric and biographic data, and (4) complete security and law enforcement background checks.

Conditional nonimmigrant status shall include employment and military enlistment authorization.

DHS shall terminate the conditional nonimmigrant status of an alien who is at least 18 years old and who: (1) is an enlistee who fails to enlist or be accepted for enlistment or who receives a dishonorable or other than honorable military discharge; (2) becomes a public charge; (3) is a postsecondary student who fails to enroll or to remain so enrolled in an accredited U.S. institution of higher education; (4) fails to meet employment requirements; or (5) ceases to be a person of good moral character, becomes inadmissible or deportable under specified grounds, has participated in racial, religious, social, or political persecution, or has been convicted of certain federal or state offenses.

DHS shall extend such conditional status for an additional five-year period if the alien: (1) has demonstrated good moral character; (2) is not inadmissible or deportable under specified grounds, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; (3) has not abandoned U.S. residency; and (4) is at least 18 years old and has graduated from an accredited U.S. institution of higher education, satisfied certain employment requirements, or served in the Armed Forces on active duty status for at least three years and, if discharged, received an honorable discharge.

A conditional nonimmigrant may file an application to adjust his or her status to that of an alien lawfully admitted for permanent residence during a specified period. Such application must show that the alien: (1) has demonstrated good moral character; (2) is not inadmissible or deportable under specified grounds, has not participated in racial, religious, social, or political persecution, and has not been convicted of certain federal or state offenses; and (3) has not abandoned U.S. residency.

An alien who adjusts to permanent resident status may apply for naturalization upon compliance with all immigration law requirements.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov