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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