Sec. 303. Determination of continuous presence
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/bill/116/hr/6/ih/section-303A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any period of continuous physical presence in the United States of an alien who applies for permanent resident status under title I (whether on a conditional basis or without the conditional basis as provided in section 105(c)(2)) or under title II shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). Except as provided in paragraphs
(2)and (3), an alien shall be considered to have failed to maintain continuous physical presence in the United States under this Act if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. The Secretary may extend the time periods described in paragraph
(1)for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien’s control, including the serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child of the alien. Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1).
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Sec. 303
Determination of continuous presence
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