Text: S.2960 — 111th Congress (2009-2010)All Information (Except Text)

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Reported to Senate (03/26/2010)

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 (legistlative 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.

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

SECTION 1. Short title.

This Act may be cited as the “Refugee Opportunity Act”.

SEC. 2. Exception to one-year physical presence requirement for adjustment of status for aliens granted asylum and employed overseas by the Federal Government.

Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended—

(1) in subsection (a)(1)(B), by inserting “(except as provided under subsection (d))” after “one year”;

(2) in subsection (b)(2), by inserting “(except as provided under subsection (d)),” after “asylum”; and

(3) by adding at the end the following:

“(d) Exception to 1-Year residency requirement for adjustment of status.—An alien who does not meet the physical presence requirement under subsection (a)(1)(B) or (b)(2), but who otherwise meets the requirements under subsection (a) or (b) for adjustment of status to that of an alien lawfully admitted for permanent residence, shall be eligible for such adjustment of status if the alien did not meet the 1-year physical presence requirement because the alien was employed outside of the United States by the Federal Government or by a contractor of the Federal Government.”.

SECTION 1. Short title.

This Act may be cited as the “Refugee Opportunity Act”.

SEC. 2. Exception to one-year physical presence requirement for adjustment of status for aliens granted asylum and employed overseas by the Federal Government.

Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended—

(1) in subsection (a)(1)(B), by inserting “(except as provided under subsection (d))” after “one year”;

(2) in subsection (b)(2), by inserting “(except as provided under subsection (d)),” after “asylum”; and

(3) by adding at the end the following:

“(d) An alien who does not meet the 1-year physical presence requirement under subsection (a)(1)(B) or (b)(2), but who otherwise meets the requirements under subsection (a) or (b) for adjustment of status to that of an alien lawfully admitted for permanent residence, may be eligible for such adjustment of status if the alien:

“(1) Is or was employed by the U.S. Government or a contractor of the U.S. Government overseas and performing work on behalf of the U.S. Government for the entire period of absence, which may not exceed 1 year; or

“(2) Is or was employed by the U.S. Government or a contractor of the U.S. Government in the alien’s country of nationality or last habitual residence for the entire period of absence, which may not exceed 1 year, and the alien was under the protection of the U.S. Government or a contractor while performing work on behalf of the U.S. Government during the entire period of employment; and

“(3) Returned immediately to the United States upon the conclusion of the employment.”.


Calendar No. 337

111th CONGRESS
     2d Session
S. 2960

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.

March 26 (legislative day, March 25), 2010
Reported with an amendment