What it changes

1 change to S. 3454

Adds a section
  1. Adds SEC. 594. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE REQUIREMENT FOR ADJUSTMENT OF STATUS FOR ALIENS GRANTED ASYLUM AND EMPLOYED OVERSEAS BY THE FEDERAL GOVERNMENT on page 209, between lines 5 and 6

    Adds a sectionPrinted page

    Inserted: SEC. 594. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE REQUIREMENT FOR ADJUSTMENT OF STATUS FOR ALIENS GRANTED ASYLUM AND EMPLOYED OVERSEAS BY THE FEDERAL GOVERNMENT.

    Inserted: (a) Short Title.--This section may be cited as the "Refugee Opportunity Act".

    Inserted: (b) Amendment.--Section 209 of the Immigration and Nationality Act (8 U.S.C. 1159) is amended--

    Inserted: (1) in subsection (a)(1)(B), by inserting "(except as provided under subsection (d))" after "one year";

    Inserted: (2) in subsection (b)(2), by inserting "(except as provided under subsection (d))," after "asylum"; and

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

    Inserted: "(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--

    Inserted: "(1)(A) is or was employed by the United States Government or a contractor of the United States Government outside of the United States and performing work on behalf of the United States Government for the entire period of absence, which may not exceed 1 year; or

    Inserted: "(B)(i) is or was employed by the United States Government or a contractor of the United States 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

    Inserted: "(ii) was under the protection of the United States Government or a contractor while performing work on behalf of the United States Government during the entire period of such employment; and

    Inserted: "(2) returned immediately to the United States upon the conclusion of such employment.".

    Inserted: (c) Determination of Budgetary Effects.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

    Original wording

    On page 209, between lines 5 and 6, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4631. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 3454, to authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 209, between lines 5 and 6, insert the following:

SEC. 594. EXCEPTION TO ONE-YEAR PHYSICAL PRESENCE REQUIREMENT FOR ADJUSTMENT OF STATUS FOR ALIENS GRANTED ASYLUM AND EMPLOYED OVERSEAS BY THE FEDERAL GOVERNMENT.

(a) Short Title.--This section may be cited as the “Refugee Opportunity Act”.

(b) Amendment.--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)(A) is or was employed by the United States Government or a contractor of the United States Government outside of the United States and performing work on behalf of the United States Government for the entire period of absence, which may not exceed 1 year; or

“(B)(i) is or was employed by the United States Government or a contractor of the United States 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

“(ii) was under the protection of the United States Government or a contractor while performing work on behalf of the United States Government during the entire period of such employment; and

“(2) returned immediately to the United States upon the conclusion of such employment.”.

(c) Determination of Budgetary Effects.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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Senate amendment submitted

September 21, 2010