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that would render the alien ineligible for adjustment of 
status under this Act, on either a conditional or perma-
nent basis. The status of an alien may not be adjusted, 
on either a conditional or permanent basis, unless security 
and law enforcement background checks are completed to 
the satisfaction of the Secretary. 
SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND 
FEE EXEMPTION; AND OTHER CONDITIONS 
ON ELIGIBLE INDIVIDUALS. 
(a) LIMITATION ON REMOVAL.—An alien who ap-
pears to be prima facie eligible for relief under this Act 
shall be given a reasonable opportunity to apply for such 
relief and may not be removed until, subject to section 
306(c)(2), a final decision establishing ineligibility for re-
lief is rendered. 
(b) APPLICATION.—An alien present in the United 
States who has been ordered removed or has been per-
mitted to depart voluntarily from the United States may, 
notwithstanding such order or permission to depart, apply 
for adjustment of status under this Act. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall cancel the order 
of removal. If the Secretary renders a final administrative 
decision to deny the application, the order of removal or 
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permission to depart shall be effective and enforceable to 
the same extent as if the application had not been made, 
only after all available administrative and judicial rem-
edies have been exhausted. 
(c) FEE EXEMPTION.—An applicant may be exempt-
ed from paying an application fee required under this Act 
if the applicant— 
(1) is 18 years of age or younger; 
(2) received total income, during the 12-month 
period immediately preceding the date on which the 
applicant files an application under this Act, that is 
less than 150 percent of the Federal poverty line; 
(3) is in foster care or otherwise lacks any pa-
rental or other familial support; or 
(4) cannot care for himself or herself because of 
a serious, chronic disability. 
(d) ADVANCE PAROLE.—During the period beginning 
on the date on which an alien applies for adjustment of 
status under this Act and ending on the date on which 
the Secretary makes a final decision regarding such appli-
cation, the alien shall be eligible to apply for advance pa-
role. Section 101(g) of the Immigration and Nationality 
Act (8 U.S.C. 1101(g)) shall not apply to an alien granted 
advance parole under this Act. 
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(e) EMPLOYMENT.—An alien whose removal is stayed 
pursuant to this Act, who may not be placed in removal 
proceedings pursuant to this Act, or who has pending an 
application under this Act, shall, upon application to the 
Secretary, be granted an employment authorization docu-
ment. 
SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE 
AND RESIDENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—Any period of 
continuous physical presence or continuous residence in 
the United States of an alien who applies for permanent 
resident status under this Act (whether on a conditional 
basis or without the conditional basis as provided in sec-
tion 104(c)(2)) shall not terminate when the alien is 
served a notice to appear under section 239(a) of the Im-
migration and Nationality Act (8 U.S.C. 1229(a)). 
(b) TREATMENT OF CERTAIN BREAKS IN PRESENCE 
OR RESIDENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain— 
(A) continuous physical presence in the 
United States under this Act if the alien has 
departed from the United States for any period 
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exceeding 90 days or for any periods, in the ag-
gregate, exceeding 180 days; and 
(B) continuous residence in the United 
States under this Act if the alien has departed 
from the United States for any period exceeding 
180 days, unless the alien establishes to the 
satisfaction of the Secretary of Homeland Secu-
rity that the alien did not in fact abandon resi-
dence in the United States during such period. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including— 
(A) the serious illness of the alien; 
(B) death or serious illness of a parent, 
grandparent, sibling, or child of the alien; 
(C) processing delays associated with the 
application process for a visa or other travel 
document; or 
(D) restrictions on international travel due 
to the public health emergency declared by the 
Secretary of Health and Human Services under 
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