CONT....
`(c) ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR CERTAIN CHILDREN IN MIDDLE OR SECONDARY SCHOOL-
`(1) IN GENERAL- The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:
`(A) TIMELY APPLICATION-
`(i) AGE ON APPLICATION DATE- The alien must not have attained 25 years of age before the date on which the application for adjustment under this subsection was filed.
`(ii) OTHER REQUIREMENTS- The requirements of subparagraphs (A) and (B) of subsection (a)(1) shall apply to an application under this subsection.
`(B) CONTINUOUS PRESENCE-
`(i) IN GENERAL- The alien must establish that the alien was present in the United States on the date of the enactment of this section and has been present in the United States for a continuous period of not less than 5 years immediately preceding the date on which the application under subparagraph (A) was filed.
`(ii) TREATMENT OF BRIEF, CASUAL, AND INNOCENT ABSENCES- An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of clause (i) by virtue of brief, casual, and innocent absences from the United States.
`(iii) ADMISSIONS- Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.
`(C) GOOD MORAL CHARACTER- The alien must demonstrate that the alien has been a person of good moral character during the 5 years immediately preceding the date on which the application under subparagraph (A) was filed.
`(D) STUDENT- The alien, at the time of application, must be enrolled at or above the 7th grade level in a school in the United States or be enrolled in, or actively pursuing admission to, an institution of higher education in the United States (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
`(E) ADMISSIBLE AS IMMIGRANT- The alien must satisfy the requirements of subsection (a)(4).
`(2) NO DERIVATIVE RIGHT OF PARENTS- The parent of an alien who adjusts status pursuant to this subsection shall not be granted the same status by reason of accompanying or following to join unless otherwise entitled to such status.
`(d) APPLICATIONS FOR ADJUSTMENT OF STATUS-
`(1) TO WHOM MAY BE MADE- The Attorney General shall provide that applications for adjustment of status under this section may be filed--
`(A) with the Attorney General; or
`(B) with a qualified designated entity, but only if the applicant consents to the forwarding of the application to the Attorney General.
As used in this section, the term `qualified designated entity' means an organization or person designated under paragraph (2).
`(2) DESIGNATION OF QUALIFIED ENTITIES TO RECEIVE APPLICATIONS- For purposes of assisting in the program of legalization provided under this section, the Attorney General--
`(A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations; and
`(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 209 or 245, Public Law 89-732, or Public Law 95-145 (including qualified designated entities under section 245A).
`(3) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES- Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
`(4) LIMITATION ON ACCESS TO INFORMATION- Files and records of qualified designated entities relating to an alien's seeking assistance or information with respect to filing an application under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien.
`(5) CONFIDENTIALITY OF INFORMATION-
`(A) IN GENERAL- Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may--
`(i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application for enforcement of paragraph (6), or for the preparation of reports to Congress under law;
`(ii) make any publication whereby the information furnished by any particular applicant can be identified; or
`(iii) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.
`(B) REQUIRED DISCLOSURES- The Attorney General shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
`(C) AUTHORIZED DISCLOSURES- The Attorney General may provide, in the Attorney General's discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13, United States Code.
`(D) CONSTRUCTION-
`(i) IN GENERAL- Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.
`(ii) CRIMINAL CONVICTIONS- Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement purposes.
`(E) CRIME- Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.
`(6) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS- Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.
`(7) APPLICATION FEES-
`(A) FEE SCHEDULE- The Attorney General, in consultation with the Congress, shall provide for a schedule of fees to be charged for the filing of applications for adjustment under this section. Such fees may not exceed $100 per individual or $300 per family.
`(B) USE OF FEES- The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section.
`(e) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY-
`(1) NUMERICAL LIMITATIONS DO NOT APPLY- The numerical limitations of sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
`(2) WAIVER OF GROUNDS FOR INADMISSIBILITY- In the determination of an alien's admissibility under this section, the following provisions shall apply:
`(A) GROUNDS OF INADMISSIBILITY NOT APPLICABLE- The provisions of paragraphs (5), (6)(A), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 212(a) shall not apply.
`(B) WAIVER OF OTHER GROUNDS-
`(i) IN GENERAL- Except as provided in clause (ii), the Attorney General may waive any other provision of section 212(a) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
`(ii) GROUNDS THAT MAY NOT BE WAIVED- The following provisions of section 212(a) may not be waived by the Attorney General under clause (i):
`(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
`(II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana.