; background checks (A) Submission of biometric and biographic data The Secretary may not approve such an application, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (B) Background checks The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for participation in the Dignity Program in accordance with paragraph (3). The application for participation in the Dignity Program may not be approved unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (3) Grounds of ineligibility Except as provided in paragraph (2), an alien is ineligible for participation in the Dignity Program if, excluding any offense under State law for which an essential element is the alien’s immigration status, and any minor traffic offense, the alien has been convicted of— (A) any felony offense; (B) two or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or (C) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been— (i) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (ii) battered or subjected to extreme cruelty