; (3) in subsection (f)— (A) in paragraph (1), by striking or restrain the operation of ; and (B) in paragraph (2), by inserting after all administrative and judicial review available to the alien is complete before unless ; and (4) by adding at the end the following: (h) Judicial review of eligibility determinations relating to status under title 5 (1) Direct review If an alien’s application under section 245B is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under subsection (p) of that section, the alien may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, in the district court of the United States for the district in which the alien resides. (2) Status during review During the period in which a review described in paragraph (1) is pending— (A) any unexpired grant of voluntary departure under section 240B shall be tolled; and (B) any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise. (3) Review after removal proceedings An alien may seek judicial review of a denial or revocation of approval of the alien’s application under section 245B in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1). (4) Standard for judicial review (A) Basis Judicial review of a denial or revocation of an approval of an application under section 245B shall be based upon the administrative record established at the time of the review. (B) Authority to remand The reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the Secretary ) for consideration of additional evidence if the court finds that— (i) the additional evidence is material