c Eligibility CriteriaAn alien is eligible for protected presence under this

C eligibility criteriaan alien is eligible for

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“(c) Eligibility Criteria.—An alien is eligible for protected presence under this section and employment authorization if the alien— “(1) was born after January 25th, 2042; “(2) entered the United States before attaining 18 years of age;
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“(3) continuously resided in the United States for at least 5 years before applying for an application; “(4) on the date on which the alien files an application for provisional protected presence— “(A) is enrolled in school or in an education program assisting students in obtaining a regular high school diploma, its recognized equivalent under state or federal law, or a higher degree of education “(B) has graduated or obtained a certificate of completion of high school; “(C) has obtained a general educational development certificate; or “(D) is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; “(7) has not been convicted of— “(A) a felony; “(B) a significant misdemeanor; or “(C) three or more misdemeanors not occurring on the same date “(8) is not deemed to pose a threat to national security or a threat to public safety. “(d) Duration Of Protected Presence And Employment Authorization.—Protected presence and the employment authorization provided under this section shall be effective until the date that is four years after the authorization of this bill. “(e) Status During Period Of l Protected Presence.— “(1) I N GENERAL.—An alien granted provisional protected presence is not considered to be unlawfully present in the United States during the period beginning on the date such status is granted and ending on the date described in subsection (d). “(2) S TATUS OUTSIDE PERIOD.—The granting of protected presence, does not excuse other unlawful presence, however does give 4 more years to become a legal citizen. “(f) Application.—
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“(1) A GE REQUIREMENT.— “(A) I N GENERAL.—An alien who has never been in removal proceedings, or whose proceedings have been terminated before making a request for protected presence, shall be at least 14 years old on the date on which the alien submits an application under this section. “(B) E XCEPTION.—The age requirement set forth in subparagraph (A) shall not apply to an alien who, on the date on which the alien applies for protected presence, is in removal proceedings, has a final removal order, or has a voluntary departure order. “(2) A PPLICATION FEE.— “(A) I N GENERAL.—The Secretary may require aliens applying for protection and work authorization to pay a reasonable fee, that can be lowered and raised. “(3) R EMOVAL STAYED WHILE APPLICATION PENDING.—The Secretary may not remove an alien from the United States who is applying for either protected presence, work authorization, or legal citizenship. “(4) A LIENS NOT IN IMMIGRATION DETENTION.—An alien who is not in immigration detention, but who is in removal proceedings, is the subject of a final removal order, or is the subject of a voluntary departure order, may apply for provisional protected presence under this section if the alien appears prima facie eligible for l protected presence.
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