Sec. 224. Determination of continuous presence
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Any period of continuous physical presence in the United States of an alien who applies for adjustment of status under this title 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 title 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). With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 3 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 211(a)(2) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 211 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure.
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Sec. 224
Determination of continuous presence
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