110 STAT. 3009 -595 PUBLIC LAW 104-208—SEPT. 30, 1996 "(3) ADJUSTMENT OF STATUS.— The Attorney General may adjust to the status of an alien lawfully admitted for permanent residence any alien who the Attorney General determines meets the requirements of paragraph (1) or (2). The number of adjustments under this paragraph shall not exceed 4,000 for any fiscal year. The Attorney General shall record the alien's lawful admission for permanent residence as of the date the Attorney General's cancellation of removal under paragraph (1) or (2) or determination under this paragraph. "(c) ALIENS INELIGIBLE FOR RELIEF. —The provisions of subsections (a) and (b)(1) shall not apply to any of the following aliens: "(1) An alien who entered the United States as a crewman subsequent to June 30, 1964. "(2) An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 101(a)(15)(J), or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence requirement of section 212(e). "(3) An alien who— "(A) was admitted to the United States as a nonimmigrant exchange alien as defined in section 101(a)(15)(J) or has acquired the status of such a nonimmigrant exchange alien after admission other than to receive graduate medical education or training, "(B) is subject to the two-year foreign residence requirement of section 212(e), and "(C) has not fulfilled that requirement or received a waiver thereof. "(4) An alien who is inadmissible under section 212(a)(3) or deportable under section 237(a)(4). "(5) An alien who is described in section 241(b)(3)(B)(i). "(6) An alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 244(a) or who has been granted relief under section 212(c), as such sections were in effect before the date of the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. "(d) SPECIAL RULES RELATING TO CONTINUOUS RESIDENCE OR PHYSICAL PRESENCE. — "(1) TERMINATION OF CONTINUOUS PERIOD. — For purposes of this section, any period of continuous residence or continuous physical presence in the United States shall be deemed to end when the alien is served a notice to appear under section 239(a) or when the alien has committed an offense referred to in section 212(a)(2) that renders the alien inadmissible to the United States under section 212(a)(2) or removable from the United States under section 237(a)(2) or 237(a)(4), whichever is earliest. • "(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsections (b)(1) and (b)(2) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
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