; and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure The Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility (1) Certain grounds of inadmissibility (A) In general Subject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers (i) In general For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section