; or (II) any combination of offenses under Federal or State law, for which the alien was sentenced to imprisonment for a total of more than 1 year; and (F) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien— (i) has remained in the United States under color of law after such order was issued; or (ii) received the order before attaining the age of 18 years. (2) Waiver With respect to any benefit under this Act, the Secretary of Homeland Security may waive subclauses (I) and (II) of subsection (a)(1)(E)(iv) of this section, the ground of inadmissibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and the ground of deportability under paragraph (1) of section 237(a) of that Act ( 8 U.S.C. 1227(a) ), for humanitarian purposes or family unity or when it is otherwise in the public interest. (3) Procedures The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings. (4) Submission of biometric and biographic data The Secretary of Homeland Security may not cancel the removal of an alien or grant conditional permanent resident status to the alien under this subsection unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who are unable to provide such biometric or biographic data because of a physical impairment. (5) Background checks (A) Requirement for background checks The Secretary of Homeland Security shall utilize biometric, biographic, and other data that the Secretary determines is appropriate— (i) to conduct security and law enforcement background checks of an alien seeking relief available under this subsection