Sec. 4. Conditional permanent resident status
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/bill/115/s/1852/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Conditional permanent resident status granted to an alien under this Act shall be valid— for an initial period of 5 years, subject to termination under subsection (c), if applicable; and if the alien will not attain 18 years of age before the end of the period described in paragraph (1), until the alien reaches 18 years of age. A conditional permanent resident may— be employed in the United States incident to conditional permanent resident status under this Act; and enlist in the Armed Forces of the United States in accordance with section 504(b)(1)(D) of title 10, United States Code, as added by section 13.
A conditional permanent resident may travel outside the United States and may be admitted (if otherwise admissible) upon returning to the United States without having to obtain a visa if— the alien is the bearer of valid, unexpired documentary evidence of conditional permanent resident status under this Act; and the alien’s absence from the United States— was not for a period of 180 days or longer, or for multiple periods exceeding 180 days in the aggregate; or was due to active service in the Armed Forces of the United States.
The Secretary shall immediately terminate the conditional permanent resident status under this Act of any alien who— is 18 years of age or older if the Secretary determines that the alien is a postsecondary student who was admitted to an accredited institution of higher education in the United States, but failed to enroll in such institution within 1 year after the date on which the alien was granted conditional permanent resident status under this Act or to remain so enrolled; is younger than 18 years of age if the Secretary determines that the alien enrolled in a primary or secondary school as a full-time student, but has failed to attend such school for a period exceeding 1 year during the 5-year period beginning on the date on which the alien was granted conditional permanent resident status under this Act; was granted conditional permanent resident status under this Act as an enlistee and— failed to complete basic training and begin active duty service or service in Selected Ready Reserve of the Ready Reserve of the Armed Forces of the United States within 1 year after the date on which the alien was granted conditional permanent resident status under this Act; or has received a dishonorable or other than honorable discharge from the Armed Forces of the United States; was granted conditional permanent resident status under this Act as a result of fraud or misrepresentation; ceases to meet a requirement under subparagraph (F), (G), (H), or
(I)of section 3(a)(1); violated a term or condition of his or her conditional resident status; has become a public charge; has not maintained employment in the United States for a period of at least 1 year since the alien was granted conditional permanent resident status under this Act and while the alien was not enrolled as a student in a postsecondary school or institution of higher education or serving in the Armed Forces of the United States; or has not completed a combination of employment, military service, or postsecondary school totaling 48 months during the 5-year period beginning on the date on which the alien was granted conditional permanent resident status under this Act. Any alien whose conditional permanent resident status is terminated pursuant to paragraph (1)(E) for failure to meet a requirement described in section 3(a)(1)(H)(iv) shall be subject to expedited removal. Any alien whose conditional permanent resident status under this Act is terminated under paragraph
(1)shall return to the immigration status the alien had immediately before receiving conditional permanent resident status under this Act. The Secretary shall extend the conditional permanent resident status of an alien granted such status under this Act for an additional 5 years beyond the period specified in subsection
(a)if the alien— has demonstrated good moral character during the entire period the alien has been a conditional permanent resident under this Act; is in compliance with section 3(a)(1); has not abandoned the alien’s residence in the United States by being absent from the United States for a period of 180 days, or multiple periods of at least 180 days, in the aggregate, during the period of conditional permanent resident status under this Act; does not have any delinquent tax liabilities; has not received any Federal public benefit; and while the alien has been a conditional permanent resident under this Act— has graduated from an accredited institution of higher education in the United States; has attended a postsecondary school for not less than 8 semesters; has served as a member of a regular or reserve component of the Armed Forces of the United States in an active duty status for at least 3 years; and if discharged from such service, received an honorable discharge; or has attended a postsecondary school, served in the Armed Forces of the United States, or maintained employment in the United States for a cumulative total of not less than 48 months.