; and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable