; (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the alien'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 alien’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; (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 alien has not been convicted of any offense during the 10-year period preceding the date on which the alien applies for status under this section; 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 alien applies for status under this section the alien has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the alien 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