; or (II) is deportable under paragraph (2), (4), or (6) of section 237(a). . (b) Secretary’s discretion Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by redesignating the second subsection (t) as subsection (u); and (2) by adding at the end the following: (u) Secretary’s discretion (1) In general In the case of an alien who is the spouse or child of a citizen of the United States, the Secretary of Homeland Security may, subject to paragraph (2)— (A) waive the application of one or more grounds of inadmissibility or deportability in connection with an application for an immigration benefit or request for relief from removal; (B) decline to issue a notice to appear or other charging document requiring such an alien to appear for removal proceedings; (C) decline to reinstate an order of removal under section 241(a)(5); or (D) grant such alien permission to reapply for admission to the United States or any other application for an immigration benefit. (2) Limitation on discretion (A) In general The Secretary of Homeland Security may exercise discretion described in paragraph (1) if the Secretary determines that removal of the alien or the denial of a requested benefit would result in hardship to the alien’s United States citizen spouse, parent, or child. There shall be a presumption that family separation constitutes hardship. (B) Widow and orphan of deceased united states citizen In the case of the death of a citizen of the United States, the Secretary of Homeland Security may exercise discretion described in paragraph (1) with respect to an alien who was a child of such citizen, or was the spouse of such citizen and was not legally separated from such citizen on the date of the citizen’s death, if— (i) the Secretary determines that the denial of a requested benefit would result in hardship to the child or spouse