Page:United States Statutes at Large Volume 110 Part 4.djvu/759

This page needs to be proofread.


PUBLIC LAW 104-208—SEPT. 30, 1996 110 STAT. 3009 -596 " (3) CONTINUITY NOT REQUIRED BECAUSE OF HONORABLE SERVICE IN ARMED FORCES AND PRESENCE UPON ENTRY INTO SERVICE. —The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) shall not apply to an alien who— "(A) has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and "(B) at the time of the alien's enlistment or induction was in the United States. "(e) ANNUAL LIMITATION.—The Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment and whether such an alien had previously applied for suspension of deportation under such section 244(a). "VOLUNTARY DEPARTURE "SEC 240B. (a) CERTAIN CONDITIONS.— 8 USC i229c. "(1) IN GENERAL.— The Attorney General may permit an alien voluntarily to depart the United States at the alien's own expense under this subsection, in lieu of being subject to proceedings under section 240 or prior to the completion of such proceedings, if the alien is not deportable under section 237(a)(2)(A)(iii) or section 237(a)(4)(B). "(2) PERIOD. — Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. "(3) BOND. —The Attorney General may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. "(4) TREATMENT OF ALIENS ARRIVING IN THE UNITED STATES. —In the case of an alien who is arriving in the United States and with respect to whom proceedings under section 240 are (or would otherwise be) initiated at the time of such alien's arrival, paragraph (1) shall not apply. Nothing in this paragraph shall be construed as preventing such an alien from withdrawing the application for admission in accordance with section 235(a)(4). "(b) AT CONCLUSION OF PROCEEDINGS.— "(1) IN GENERAL.— The Attorney General may permit an alien voluntarily to depart the United States at the alien's own expense if, at the conclusion of a proceeding under section 240, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that— "(A) the alien has been physically present in the United States for a period of at least one year immediately preceding the date the notice to appear was served under section 239(a); "(B) the alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien's application for voluntary departure;