II Calendar No. 337 111th CONGRESS 2d Session S. 2960 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.

Short title

This Act may be cited as the Refugee Opportunity Act.

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. .

1.

Short title

This Act may be cited as the Refugee Opportunity Act.

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. .

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