Page:United States Statutes at Large Volume 112 Part 4.djvu/568

 112 STAT. 2681-539 PUBLIC LAW 105-277—OCT. 21, 1998 credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or (C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who— (i) arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival, (ii) becEone orphaned subsequent to arrival in the United States, or (iii) was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and (2) has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) STAY OF REMOVAL.— (1) IN GENERAL.— The Attorney General shall provide by regulation for an alien who is subject to a final order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a). (2) DURING CERTAIN PROCEEDINGS.— Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has made a final determination to deny the application. (3) WORK AUTHORIZATION. — The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an "employment authorized" endorsement or other appropriate document signifying authorization of employ- ment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHILDREN.— (1) IN GENERAL.— The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if— (A) the alien is a national of Haiti; (B) the alien is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permsuient residence under subsection (a), except that, in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that he or she has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not

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