; (C) subject to sections 301(b) and 302(d), the alien— (i) is not inadmissible under paragraph (2), (3), (6)(E), (6)(G), (8), (10)(A), (10)(C), (10)(D), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ); (ii) has not 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; and (iii) excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, has not been convicted of— (I) any offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; (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 imprisoned for an aggregate of 90 days or more; or (III) a crime of domestic violence, unless— (aa) the alien demonstrates that such crime is related to the alien having been— (AA) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (BB) battered or subjected to extreme cruelty; or (CC) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U)(iii) ); or (bb) the Secretary, in the discretion of the Secretary, waives this subclause for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest; and (D) the alien— (i) has been admitted to an institution of higher education; (ii) in the United States, has— (I) earned a high school diploma or a commensurate alternative award from a public or private high school; (II) obtained the General Education Development credential; (III) obtained a high school equivalency diploma recognized under State law; or (IV) obtained a recognized postsecondary credential