; (B) on the date of the introduction of this Act— (i) is inadmissible or deportable from the United States; or (ii) is under a grant of deferred enforced departure or has temporary protected status under section 244 of the Immigration and Nationality Act; (C) subject to section 104, has been continuously present in the United States since the date of the introduction of this Act and until the date on which the alien is granted certified agricultural worker status; and (D) is not otherwise ineligible for certified agricultural worker status as provided in subsection (b). (2) Dependent spouse and children The Secretary may grant certified agricultural dependent status to the spouse or child of an alien granted certified agricultural worker status under paragraph (1) if the spouse or child is not ineligible for certified agricultural dependent status as provided in subsection (b). (b) Grounds for ineligibility (1) Grounds of inadmissibility Except as provided in paragraph (3), an alien is ineligible for certified agricultural worker or certified agricultural dependent status if the Secretary determines that the alien is inadmissible under section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), except that in determining inadmissibility— (A) paragraphs (4), (5), (7), and (9)(B) of such section shall not apply; (B) subparagraphs (A), (C), (D), (F), and (G) of such section 212(a)(6) and paragraphs (9)(C) and (10)(B) of such section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of introduction of this Act