Page:United States Statutes at Large Volume 100 Part 4.djvu/1049

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3395

date through the passage of time or the ahen's unlawful status was known to the Government as of such date. "(C) EXCHANGE VISITORS.—If the alien was at any time a nonimmigrant exchange alien (as defined in section 101(a)(15)(J)), the alien must establish that the alien was not 8 USC 1101. subject to the two-year foreign residence requirement of section 212(e) or has fulfilled that requirement or received a 8 USC 1182. waiver thereof. "(3) CONTINUOUS PHYSICAL PRESENCE SINCE ENACTMENT.—

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"(A) IN GENERAL.—The alien must establish that the alien has been continuously physically present in the United States since the date of the enactment of this section. "(B) TREATMENT OF BRIEF, CASUAL, AND INNOCENT AB-



SENCES.—An alien shall not be considered to have failed to maintain continuous physical presence in the United ti: ? States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States. "(C) ADMISSIONS.—Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection. "(4) ADMISSIBLE AS IMMIGRANT.—The alien must establish that he"(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), "(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States, "(C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and "(D) is registered or registering under the Military Selective Service Act, if the alien is required to be so registered 50 USC app. 451. under that Act. ,t,, For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96-422 shall be considered to 8 USC 1522 note. have entered the United States and to be in an unlawful status in the United States.

"(b) SUBSEQUENT ADJUSTMENT TO PERMANENT RESIDENCE AND NATURE OF TEMPORARY RESIDENT STATUS.— "(1) ADJUSTMENT TO PERMANENT RESIDENCE.—The Attorney

General shall adjust the status of any alien provided lawful temporary resident status under subsection (a) to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements: "(A) TIMELY APPLICATION AFTER ONE YEAR'S RESIDENCE.—

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The alien must apply for such adjustment during the oneyear period beginning with the nineteenth month that begins after the date the alien was granted such temporary resident status. "(B) CONTINUOUS RESIDENCE.—

"(i) IN GENERAL.—The alien must establish that he has continuously resided in the United States since the date the alien was granted such temporary resident status.

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