Hong Konger Promise of Refuge Act

245B. Adjustment of status for certain permanent residents of Hong Kong

(a) In general. The Director of U.S. Citizenship and Immigration Services shall adjust the status of any individual who qualifies as a permanent resident of Hong Kong, regardless of country of birth, and who meets the conditions described in subsection (b) to that of an alien lawfully admitted for permanent residence.

(b) Conditions. An alien meets the conditions described in this subsection if the alien—

(1) was granted Deferred Enforced Departure by a Presidential Memorandum issued August 5, 2021 (relating to Deferred Enforced Departure for Certain Hong Kong Residents), or by the extension of such authority issued on January 26, 2023, or January 15, 2025;

(2) has continuously resided in the United States since January 15, 2025, except for authorized absences totaling not more than 180 days in the aggregate;

(3) has not returned to Hong Kong or the People's Republic of China since such date;

(4) has not been convicted of a felony or 2 or misdemeanors committed in the United States;

(5) is not subject to extradition; and

(6) submits an application to the Director containing such information as the Director may reasonably require not later than 1 year after the date of the enactment of the Hong Konger Promise of Refuge Act.

(c) Family members. The spouse, children, and unmarried adult sons and daughters of an alien described in subsection (a) are eligible to adjust to lawful permanent resident status if they are not inadmissible under section 212(a) or deportable under section 237(a), except as provided in subsection (d).

(d) Waiver of certain grounds of inadmissibility and deportability

(1) Grounds of inadmissibility. Paragraphs (4), (5), (6)(A), (7), and (9)(B) of section 212(a) shall not apply to aliens seeking adjustment of status under this section.

(2) Grounds of deportability. Paragraphs (3)(A) and (5) of section 237(a) shall not apply to aliens seeking adjustment of status under this section.

(e) Work authorization. An alien who has submitted an application for adjustment of status under this section—

(1) may not be subject to immigration detention, removal, or removal proceedings while such application is pending; and

(2) shall be authorized to engage in employment in the United States through an employment authorized endorsement or other appropriate work permit.

(f) Cancellation of removal; effective date. If the status of an alien is adjusted to that of a lawful permanent resident under this section—

(1) any prior removal orders to which such alien was subject shall be cancelled; and

(2) the effective date of such lawful permanent resident status shall be the date on which the alien arrived in the United States.