; (II) section 212(a)(3) of such Act; or (III) subparagraph (A), (C), (D), or (E) of section 212(a)(10) of such Act. (C) Conviction explained For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent. (D) Rule of construction Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien. (e) Fees and penalties (1) Standard processing fee Aliens 16 years of age or older who are applying for blue card status under this subsection, or for an extension of such status, shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. (2) Recovery of costs The processing fee authorized under paragraph (1) shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred— (A) to adjudicate the application; (B) to take and process biometric data; (C) to perform national security and criminal checks, including adjudication; (D) to prevent and investigate fraud; and (E) to administer the collection of such fee. (3) Authority to limit fees The Secretary may issue regulations— (A) to limit the maximum processing fee payable under this subsection by a family, including spouses and unmarried children younger than 21 years of age; and (B) to exempt defined classes of individuals from the payment of the fee required under paragraph (1). (4) Penalty In addition to the processing fee required under paragraph (1), aliens applying for blue card status under this subsection who are 21 years of age or older shall pay a $100 penalty to the Department of Homeland Security. (5) Deposit and use of processing fees and penalties Fees and penalties authorized under this subsection— (A) shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) )