Sec. 304. Determination of continuous presence and residence
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/bill/117/hr/6/eh/section-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) 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; and continuous residence in the United States under this Act if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period. 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; death or serious illness of a parent, grandparent, sibling, or child of the alien; processing delays associated with the application process for a visa or other travel document; or restrictions on international travel due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. 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 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 102(b)(1)(A) or section 202(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 102 or 202 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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