; or (II) to preserve family unity in the United States if the alien is— (aa) the spouse of a United States citizen; or (bb) the parent of a United States citizen child and such child’s other parent is a United States citizen or was a United States citizen at the time of such other parent’s death. (iii) Exclusions This subparagraph shall not apply to an alien whom the Attorney General determines— (I) is inadmissible or deportable under— (aa) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2); (bb) section 212(a)(3); (cc) subparagraph (A), (C), or (D) of section 212(a)(10); or (dd) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or (II) has— (aa) been convicted of conduct described in paragraph (8), (11), or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); or (bb) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. . (b) Secretary’s discretion Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by redesignating the second subsection (t) as subsection (u); and (2) by adding at the end the following: (v) Secretary’s discretion (1) In general In the case of an alien who is inadmissible under subsection (a), deportable under section 237, or ineligible for any immigration benefit or relief under the immigration laws, the Secretary of Homeland Security may, for reasons described in paragraph (2)— (A) and subject to paragraph (3), waive one or more grounds of inadmissibility or deportability; (B) decline to issue a notice to appear requiring such an alien to appear in a removal proceeding; (C) decline to reinstate an order of removal under section 241(a)(5)