; or (iv) was present in the United States pursuant to a grant of deferred enforced departure that had been extended beyond September 28, 2016; (C) (i) has been continuously present in the United States for not less than 3 years and is physically present in the United States on the date on which the alien files an application for adjustment of status under this section; or (ii) in the case of an alien who, on or after September 28, 2016, was removed from the United States or departed pursuant to an order of voluntary departure, was continuously present in the United States for a period of not less than 3 years before the date on which the alien was so removed or so departed; and (D) passes all applicable criminal and national security background checks. (2) Short absences An alien shall not be considered to have failed to maintain continuous physical presence in the United States under paragraph (1)(C) by reason of an absence, or multiple absences, from the United States for any period or periods that do not exceed, in the aggregate, 180 days. (3) Waiver authorized Notwithstanding any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), an alien who fails to meet the continuous physical presence requirement under paragraph (1)(C) shall be considered eligible for adjustment of status under this section if the Attorney General or the Secretary of Homeland Security, as applicable, determines that the removal or continued absence of the alien from the United States, as applicable, would result in extreme hardship to the alien or to the alien’s spouse, children, parents, or domestic partner. (c) Stay of removal (1) In general Except as provided in paragraph (2), an alien who is subject to a final order of removal may not be removed if the alien— (A) has a pending application under subsection (a); or (B) (i) is prima facie eligible to file an application under subsection (a)