Sec. 5. Conditional nonimmigrant status
571 words·~3 min read·
/bill/114/hr/5533/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Conditional nonimmigrant status granted under section 4 shall be valid for an initial period of 5 years, subject to termination under subsection
(c)of this section. A conditional nonimmigrant shall be authorized— to be employed in the United States incident to conditional nonimmigrant status; and to enlist in the armed forces as provided in 504(b)(1)(D) of title 10, United States Code, as added by section 12. A conditional nonimmigrant may travel outside the United States and may be admitted (if otherwise admissible) upon return to the United States without having to obtain a visa if— the alien is the bearer of valid, unexpired documentary evidence of conditional nonimmigrant status; and the alien’s absence from the United States was not for a period exceeding 180 days or the alien was absent from the United States due to active service in the armed forces. The Secretary of Homeland Security shall terminate the conditional nonimmigrant status of any alien if the Secretary determines that the alien is 18 years of age or older and— in the case of— an alien postsecondary student, the alien failed to enroll in an accredited institution of higher education in the United States within 1 year after the date on which the alien was granted conditional nonimmigrant status or to remain so enrolled; an alien described under section 4(a)(1)(C), the alien has not been employed for a total period of 48 months during the 5-year period beginning on the date that the alien was granted conditional nonimmigrant status; or an alien enlistee, the alien— failed to enlist, and be accepted for enlistment, in the armed forces within 9 months after the date on which the alien was granted conditional nonimmigrant status; or has received a dishonorable or other than honorable discharge from the armed forces; ceases to meet the requirements of subparagraph
(D)or
(E)of section 4(a)(1); or has become a public charge. Any alien whose conditional nonimmigrant status is terminated under paragraph
(1)shall return to the immigration status the alien had immediately prior to receiving conditional nonimmigrant status. The Secretary of Homeland Security shall extend the conditional nonimmigrant status of an alien for a second period of 5 years if the following requirements are met: The alien has demonstrated good moral character during the entire period the alien has been a conditional nonimmigrant. The alien is in compliance with section 4(a)(1)(E). The alien has not abandoned the alien’s residence in the United States. For purposes of this subparagraph, the Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional nonimmigrant status, unless the alien demonstrates that the alien has not abandoned the alien’s residence. The alien is 18 years of age or older and— in the case of an alien postsecondary student, has been graduated from an accredited institution of higher education in the United States; in the case of an alien described under section 4(a)(1)(C), the alien has been employed for a total period of 48 months during the 5-year period beginning on the date that the alien was granted conditional nonimmigrant status; or in the case of an alien enlistee, has served as a member of a regular or reserve component of the armed forces in an active duty status for at least 3 years, and, if discharged, received an honorable discharge.