II 

Calendar No. 337 

111TH CONGRESS 

2D SESSION S. 2960 

To exempt aliens who are admitted as refugees or granted asylum and 

are employed overseas by the Federal Government from the 1-year physical presence requirement for adjustment of status to that of aliens 

lawfully admitted for permanent residence, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2010 

Mr. LEAHY (for himself, Mr. LUGAR, Mr. FEINGOLD, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 26 (legislative day, MARCH 25), 2010 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To exempt aliens who are admitted as refugees or granted 

asylum and are employed overseas by the Federal Government from the 1-year physical presence requirement 

for adjustment of status to that of aliens lawfully admitted for permanent residence, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Refugee Opportunity 

3 Act’’. 

4 SEC. 2. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE RE5 QUIREMENT FOR ADJUSTMENT OF STATUS 

6 FOR ALIENS GRANTED ASYLUM AND EM7 PLOYED OVERSEAS BY THE FEDERAL GOV8 ERNMENT. 

9 Section 209 of the Immigration and Nationality Act 

10 (8 U.S.C. 1159) is amended— 

11 (1) in subsection (a)(1)(B), by inserting ‘‘(ex12 cept as provided under subsection (d))’’ after ‘‘one 

13 year’’; 

14 (2) in subsection (b)(2), by inserting ‘‘(except 

15 as provided under subsection (d)),’’ after ‘‘asylum’’; 

16 and 

17 (3) by adding at the end the following: 

18 ‘‘(d) EXCEPTION TO 1-YEAR RESIDENCY REQUIRE19 MENT FOR ADJUSTMENT OF STATUS.—An alien who does 

20 not meet the physical presence requirement under sub21 section (a)(1)(B) or (b)(2), but who otherwise meets the 

22 requirements under subsection (a) or (b) for adjustment 

23 of status to that of an alien lawfully admitted for perma24 nent residence, shall be eligible for such adjustment of sta25 tus if the alien did not meet the 1-year physical presence 

26 requirement because the alien was employed outside of the 


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1 United States by the Federal Government or by a con2 tractor of the Federal Government.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Refugee Opportunity 

5 Act’’. 

6 SEC. 2. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE RE7 QUIREMENT FOR ADJUSTMENT OF STATUS 

8 FOR ALIENS GRANTED ASYLUM AND EM9 PLOYED OVERSEAS BY THE FEDERAL GOV10 ERNMENT. 

11 Section 209 of the Immigration and Nationality Act 

12 (8 U.S.C. 1159) is amended— 

13 (1) in subsection (a)(1)(B), by inserting ‘‘(except 

14 as provided under subsection (d))’’ after ‘‘one year’’; 

15 (2) in subsection (b)(2), by inserting ‘‘(except as 

16 provided under subsection (d)),’’ after ‘‘asylum’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(d) An alien who does not meet the 1-year physical 

19 presence requirement under subsection (a)(1)(B) or (b)(2), 

20 but who otherwise meets the requirements under subsection 

21 (a) or (b) for adjustment of status to that of an alien law22 fully admitted for permanent residence, may be eligible for 

23 such adjustment of status if the alien: 

24 ‘‘(1) Is or was employed by the U.S. Government 

25 or a contractor of the U.S. Government overseas and 


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1 performing work on behalf of the U.S. Government for 

2 the entire period of absence, which may not exceed 1 

3 year; or 

4 ‘‘(2) Is or was employed by the U.S. Government 

5 or a contractor of the U.S. Government in the alien’s 

6 country of nationality or last habitual residence for 

7 the entire period of absence, which may not exceed 1 

8 year, and the alien was under the protection of the 

9 U.S. Government or a contractor while performing 

10 work on behalf of the U.S. Government during the en11 tire period of employment; and 

12 ‘‘(3) Returned immediately to the United States 

13 upon the conclusion of the employment.’’. 


srobinson on DSKHWCL6B1PROD with BILLS

srobinson on DSKHWCL6B1PROD with BILLS
Calendar No. 337 

111TH CONGRESS 

2D SESSION S. 2960 

A BILL 

To exempt aliens who are admitted as refugees or 

residence, and for other purposes. that of aliens lawfully admitted for permanent presence requirement for adjustment of status to Federal Government from the 1-year physical granted asylum and are employed overseas by the 

MARCH 26 (legislative day, MARCH 25), 2010 

Reported with an amendment 


srobinson on DSKHWCL6B1PROD with BILLS