of the Secretary that the alien had a compelling reason for the return. The waiver may be sought prior to departure from the United States or upon return. (c) Exception for certain aliens from Cuba Subsection (a) shall not apply to an alien who is eligible for adjustment to that of an alien lawfully admitted for permanent residence pursuant to the Cuban Adjustment Act of 1966 ( Public Law 89–732 ). 21. Asylum cases for home schoolers (a) In general Section 101(a)(42) ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, a person who has been persecuted for failure or refusal to comply with any law or regulation that prevents the exercise of the individual right of that person to direct the upbringing and education of a child of that person (including any law or regulation preventing homeschooling), or for other resistance to such a law or regulation, shall be deemed to have been persecuted on account of membership in a particular social group, and a person who has a well founded fear that he or she will be subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of membership in a particular social group. . (b) Numerical limitation Section 207(a) ( 8 U.S.C. 1157(a) ) is amended by adding at the end the following new paragraph: (5) For any fiscal year, not more than 500 aliens may be admitted under this section, or granted asylum under section 208, pursuant to a determination under section 101(a)(42) that the alien is described in the final sentence of section 101(a)(42) (as added by section 21 of the Asylum Reform and Border Protection Act of 2015). . (c) Effective dates (1) In general The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to failure or refusal to comply with a law or regulation, or other resistance to a law or regulation, occurring before, on, or after such date. (2) Numerical limitation The