; and (E) in the case of an alien described in subparagraph (B)(ii), the alien has been continuously physically present in the United States since the date that is 4 years before the date of the enactment of this Act. (2) Waiver With respect to any benefit under this Act, the Secretary of Homeland Security may waive subclauses (I) and (II) of paragraph (1)(D)(iv), the ground of inadmissibility under paragraph (1),(4), or (6)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ), and the ground of deportability under paragraph (1) of section 237(a) of that Act ( 8 U.S.C. 1227(a) ), for humanitarian purposes or family unity or when it is otherwise in the public interest. (b) Application period An alien seeking status under this Act may file an application during the period beginning on the date of the enactment of this Act and ending on the date that is 3 years after such date. (c) Determination of continuous presence (1) Termination of continuous period Any period of continuous physical presence in the United States of an alien described in subsection (a)(1)(B)(ii) who applies for status under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). (2) Treatment of certain breaks in presence (A) In general Except as provided in subparagraphs (B) and (C), an alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a)(1)(E) if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days. (B) Extensions for extenuating circumstances The Secretary may extend the time periods described in subparagraph (A) 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 the serious illness of the alien, or death or serious illness of a parent, grandparent,