; and (E) has not been convicted of— (i) any offense under Federal or State law punishable by a maximum term of imprisonment of more than 1 year; or (ii) 3 or more offenses under Federal or State law, for which the alien was convicted on different dates for each of the 3 offenses and sentenced to imprisonment for an aggregate of 90 days or more. (2) Relationship of application to certain orders An alien present in the United States who has been ordered removed, or ordered to depart voluntarily, from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition on submitting or granting such application, to file a motion to reopen, reconsider, or vacate such order. If the Secretary of Homeland Security grants the application, the Secretary of Homeland Security shall cancel the order. If the Secretary of Homeland Security renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens eligible for adjustment of status The benefits provided by subsection (a) shall apply to any alien who is a national of Venezuela— (1) who was physically present in the United States on January 1, 2013