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H.R. 1221 (110th): EARN Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


2/28/2007--Introduced. Education Access for Rightful Noncitizens Act or the EARN Act - Authorizes the Secretary of Homeland Security to cancel the removal of, and adjust to conditional permanent resident status, an alien who: (1) entered the United States prior to his or her sixteenth birthday, and has been present in the United States for at least five years immediately preceding enactment of this Act; (2) is a person of good moral character; (3) is not inadmissible or deportable under specified grounds of the Immigration and Nationality Act; (4) at the time of application, has been admitted to an institution of higher education, or has earned a high school or general education diploma in the United States; and (5) from the age of 16 and older, has never been under a final order of exclusion, deportation, or removal.

Authorizes: (1) the Secretary to adjust the status of an alien who has met such conditions prior to enactment of this Act to conditional permanent resident status; and (2) such alien to petition the Secretary for permanent resident status at the end of the conditional residence period. Sets forth the conditions for conditional permanent resident status, including: (1) termination of status for violation of this Act; and (2) removal of conditional status to permanent status.

Sets forth provisions respecting: (1) exclusive jurisdiction; (2) penalties for false application statements; (3) confidentiality; (4) fee prohibitions for expedited application processing; and (5) a Government Accountability Office (GAO) report respecting the number of aliens adjusted under this Act.