; (C) shall not be considered unlawfully present under section 212(a)(9)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B) ); and (D) shall not be considered an unauthorized alien (as defined in section 274A(h)(3) of such Act ( 8 U.S.C. 1324a(h)(3) )). (e) Ineligible aliens (1) In general An alien shall be ineligible for adjustment of status and work authorization under this section if the Secretary of Homeland Security determines that— (A) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (B) the alien has been convicted in the United States by a final judgment of a particularly serious crime (as defined in paragraph (2)); (C) there are serious reasons for believing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (D) there are reasonable grounds for regarding the alien as a danger to the security of the United States; (E) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section 237(a)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) (relating to terrorist activity), unless, in the case only of an alien inadmissible under subclause (IV) of section 212(a)(3)(B)(i) of such Act, the Secretary of Homeland Security determines, in the Secretary's discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States