; or (ii) for 2 or more periods the total of which is more than 180 days. (B) Extension for exceptional circumstances The Secretary may extend a time period described in clause (i) or (ii) of subparagraph (A) by not more than 90 days if an alien demonstrates that the failure of the alien to timely return to the United States was due to exceptional circumstances, which shall be no less compelling than— (i) the serious illness of the alien; or (ii) the death or serious illness of a parent, grandparent, sibling, or child of the alien. (4) Regulations (A) Initial publication Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register interim regulations to implement this subsection. (B) Interim regulations Notwithstanding section 553 of title 5, United States Code, the interim regulations published under subparagraph (A)— (i) shall be effective, on an interim basis, immediately on the date on which the regulations are published; but (ii) may be subject to change and revision after public notice and a period of public comment. (C) Final regulations Within a reasonable period after the publication of the interim regulations under subparagraph (A), the Secretary shall publish final regulations to implement this subsection. (5) Removal of alien The Secretary may not remove any alien who— (A) has a pending application for conditional permanent resident status under this subsection; or (B) (i) establishes prima facie eligibility for cancellation of removal or conditional permanent resident status under paragraph (1)