Revised 02-12-13 3
For Discussion Purposes Only – Do Not Distribute
(iii) have maintained continuous physical presence in the United
1
States from the date of the introduction of the Comprehensive Immigration
2
Reform Act of 2013 to the date on which the alien is granted status as a
3
Lawful Prospective Immigrant under this title.
4
(2) GROUNDS OF INELIGIBILITY.—
5
(A) IN GENERAL.—An alien is ineligible for Lawful Prospective
6
Immigrant status if the Secretary determines that the alien—
7
(i) has been convicted of—
8
"(I) any offense under Federal or State law (other than a
9
state or local offense for which an essential element was
10
immigration status or a violation of the Act or of regulations issued
11
thereunder) for which the alien served a term of imprisonment of
12
more than one year ;
13
(II) three or more offenses under Federal or State law (other
14
than a state or local offense for which an essential element was
15
immigration status or a violation of the Act or of regulations issued
16
thereunder) for which the alien was convicted on different dates for
17
each of the three offenses and served an aggregate term of
18
imprisonment of 90 days or more; or
19
(III) “any offense under foreign law, other than a purely
20
political offense, which if committed in the United States would
21
render the alien inadmissible or removable from the United States,
22
except as provided in paragraph (3) of this subsection;”
23
(ii) has been convicted of an aggravated felony, as defined in
24
section 101(a)(43) of the Act, at any time after entry to the United States;
25