; or (C) is the parent, spouse, son, or daughter of a member of the Armed Forces, including the National Guard. (3) Physical presence (A) Date of submittal of application The alien shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence (i) In general Except as provided in clause (ii), the alien shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions (I) Authorized absence An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences (aa) In general An alien who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the alien’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the alien’s control, including the serious illness of the alien, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the alien, or due to international travel restrictions. (iii) Effect of notice to appear Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of an alien’s continuous physical presence in the United States. (c) Grounds for ineligibility (1) Certain grounds of inadmissibility (A) In general Subject to subparagraph (B), an alien shall be ineligible for status under this section if the alien— (i) is inadmissible under