§ 1255. — Adjustment of status of nonimmigrant to that of person admitted for permanent residence.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1255]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
Part V--Adjustment and Change of Status
Sec. 1255. Adjustment of status of nonimmigrant to that of
person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and
eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled
into the United States or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or \1\
may be adjusted by the Attorney General, in his discretion and under
such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if (1) the alien makes an application
for such adjustment, (2) the alien is eligible to receive an immigrant
visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his
application is filed.
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\1\ So in original. The word ``or'' probably should not appear.
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(b) Record of lawful admission for permanent residence; reduction of
preference visas
Upon the approval of an application for adjustment made under
subsection (a) of this section, the Attorney General shall record the
alien's lawful admission for permanent residence as of the date the
order of the Attorney General approving the application for the
adjustment of status is made, and the Secretary of State shall reduce by
one the number of the preference visas authorized to be issued under
sections 1152 and 1153 of this title within the class to which the alien
is chargeable for the fiscal year then current.
(c) Alien crewmen, aliens continuing or accepting unauthorized
employment, and aliens admitted in transit without visa
Other than an alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),
(B)(iii), or (B)(iv) of section 1154(a)(1) of this title, subsection (a)
of this section shall not be applicable to (1) an alien crewman; (2)
subject to subsection (k) of this section, an alien (other than an
immediate relative as defined in section 1151(b) of this title or a
special immigrant described in section 1101(a)(27)(H), (I), (J), or (K)
of this title) who hereafter continues in or accepts unauthorized
employment prior to filing an application for adjustment of status or
who is in unlawful immigration status on the date of filing the
application for adjustment of status or who has failed (other than
through no fault of his own or for technical reasons) to maintain
continuously a lawful status since entry into the United States; (3) any
alien admitted in transit without visa under section 1182(d)(4)(C) of
this title; (4) an alien (other than an immediate relative as defined in
section 1151(b) of this title) who was admitted as a nonimmigrant
visitor without a visa under section 1182(l) of this title or section
1187 of this title; (5) an alien who was admitted as a nonimmigrant
described in section 1101(a)(15)(S) of this title,\2\ (6) an alien who
is deportable under section 1227(a)(4)(B) of this title; (7) any alien
who seeks adjustment of status to that of an immigrant under section
1153(b) of this title and is not in a lawful nonimmigrant status; or (8)
any alien who was employed while the alien was an unauthorized alien, as
defined in section 1324a(h)(3) of this title, or who has otherwise
violated the terms of a nonimmigrant visa.
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\2\ So in original. The comma probably should be a semicolon.
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(d) Alien admitted for permanent residence on conditional basis; fiancee
or fiance of citizen
The Attorney General may not adjust, under subsection (a) of this
section, the status of an alien lawfully admitted to the United States
for permanent residence on a conditional basis under section 1186a of
this title. The Attorney General may not adjust, under subsection (a) of
this section, the status of a nonimmigrant alien described in section
1101(a)(15)(K) of this title except to that of an alien lawfully
admitted to the United States on a conditional basis under section 1186a
of this title as a result of the marriage of the nonimmigrant (or, in
the case of a minor child, the parent) to the citizen who filed the
petition to accord that alien's nonimmigrant status under section
1101(a)(15)(K) of this title.
(e) Restriction on adjustment of status based on marriages entered while
in admissibility or deportation proceedings; bona fide marriage
exception
(1) Except as provided in paragraph (3), an alien who is seeking to
receive an immigrant visa on the basis of a marriage which was entered
into during the period described in paragraph (2) may not have the
alien's status adjusted under subsection (a) of this section.
(2) The period described in this paragraph is the period during
which administrative or judicial proceedings are pending regarding the
alien's right to be admitted or remain in the United States.
(3) Paragraph (1) and section 1154(g) of this title shall not apply
with respect to a marriage if the alien establishes by clear and
convincing evidence to the satisfaction of the Attorney General that the
marriage was entered into in good faith and in accordance with the laws
of the place where the marriage took place and the marriage was not
entered into for the purpose of procuring the alien's admission as an
immigrant and no fee or other consideration was given (other than a fee
or other consideration to an attorney for assistance in preparation of a
lawful petition) for the filing of a petition under section 1154(a) of
this title or subsection (d) or (p) of section 1184 of this title with
respect to the alien spouse or alien son or daughter. In accordance with
regulations, there shall be only one level of administrative appellate
review for each alien under the previous sentence.
(f) Limitation on adjustment of status
The Attorney General may not adjust, under subsection (a) of this
section, the status of an alien lawfully admitted to the United States
for permanent residence on a conditional basis under section 1186b of
this title.
(g) Special immigrants
In applying this section to a special immigrant described in section
1101(a)(27)(K) of this title, such an immigrant shall be deemed, for
purposes of subsection (a) of this section, to have been paroled into
the United States.
(h) Application with respect to special immigrants
In applying this section to a special immigrant described in section
1101(a)(27)(J) of this title--
(1) such an immigrant shall be deemed, for purposes of
subsection (a) of this section, to have been paroled into the United
States; and
(2) in determining the alien's admissibility as an immigrant--
(A) paragraphs (4), (5)(A), and (7)(A) of section 1182(a) of
this title shall not apply, and
(B) the Attorney General may waive other paragraphs of
section 1182(a) of this title (other than paragraphs (2)(A),
(2)(B), (2)(C) (except for so much of such paragraph as related
to a single offense of simple possession of 30 grams or less of
marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of
individual aliens for humanitarian purposes, family unity, or
when it is otherwise in the public interest.
The relationship between an alien and the alien's natural parents or
prior adoptive parents shall not be considered a factor in making a
waiver under paragraph (2)(B). Nothing in this subsection or section
1101(a)(27)(J) of this title shall be construed as authorizing an alien
to apply for admission or be admitted to the United States in order to
obtain special immigrant status described in such section.
(i) Adjustment in status of certain aliens physically present in United
States
(1) Notwithstanding the provisions of subsections (a) and (c) of
this section, an alien physically present in the United States--
(A) who--
(i) entered the United States without inspection; or
(ii) is within one of the classes enumerated in subsection
(c) of this section;
(B) who is the beneficiary (including a spouse or child of the
principal alien, if eligible to receive a visa under section 1153(d)
of this title) of--
(i) a petition for classification under section 1154 of this
title that was filed with the Attorney General on or before
April 30, 2001; or
(ii) an application for a labor certification under section
1182(a)(5)(A) of this title that was filed pursuant to the
regulations of the Secretary of Labor on or before such date;
and
(C) who, in the case of a beneficiary of a petition for
classification, or an application for labor certification, described
in subparagraph (B) that was filed after January 14, 1998, is
physically present in the United States on December 21, 2000;
may apply to the Attorney General for the adjustment of his or her
status to that of an alien lawfully admitted for permanent residence.
The Attorney General may accept such application only if the alien
remits with such application a sum equalling $1,000 as of the date of
receipt of the application, but such sum shall not be required from a
child under the age of seventeen, or an alien who is the spouse or
unmarried child of an individual who obtained temporary or permanent
resident status under section 1160 or 1255a of this title or section 202
of the Immigration Reform and Control Act of 1986 at any date, who--
(i) as of May 5, 1988, was the unmarried child or spouse of the
individual who obtained temporary or permanent resident status under
section 1160 or 1255a of this title or section 202 of the
Immigration Reform and Control Act of 1986;
(ii) entered the United States before May 5, 1988, resided in
the United States on May 5, 1988, and is not a lawful permanent
resident; and
(iii) applied for benefits under section 301(a) of the
Immigration Act of 1990. The sum specified herein shall be in
addition to the fee normally required for the processing of an
application under this section.
(2) Upon receipt of such an application and the sum hereby required,
the Attorney General may adjust the status of the alien to that of an
alien lawfully admitted for permanent residence if--
(A) the alien is eligible to receive an immigrant visa and is
admissible to the United States for permanent residence; and
(B) an immigrant visa is immediately available to the alien at
the time the application is filed.
(3)(A) The portion of each application fee (not to exceed $200) that
the Attorney General determines is required to process an application
under this section and is remitted to the Attorney General pursuant to
paragraphs (1) and (2) of this subsection shall be disposed of by the
Attorney General as provided in subsections (m), (n), and (o) of section
1356 of this title.
(B) Any remaining portion of such fees remitted under such
paragraphs shall be deposited by the Attorney General into the Breached
Bond/Detention Fund established under section 1356(r) of this title,
except that in the case of fees attributable to applications for a
beneficiary with respect to whom a petition for classification, or an
application for labor certification, described in paragraph (1)(B) was
filed after January 14, 1998, one-half of such remaining portion shall
be deposited by the Attorney General into the Immigration Examinations
Fee Account established under section 1356(m) of this title.
(j) Adjustment to permanent resident status
(1) If, in the opinion of the Attorney General--
(A) a nonimmigrant admitted into the United States under section
1101(a)(15)(S)(i) of this title has supplied information described
in subclause (I) of such section; and
(B) the provision of such information has substantially
contributed to the success of an authorized criminal investigation
or the prosecution of an individual described in subclause (III) of
that section,
the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under that section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
1182(a)(3)(E) of this title.
(2) If, in the sole discretion of the Attorney General--
(A) a nonimmigrant admitted into the United States under section
1101(a)(15)(S)(ii) of this title has supplied information described
in subclause (I) of such section, and
(B) the provision of such information has substantially
contributed to--
(i) the prevention or frustration of an act of terrorism
against a United States person or United States property, or
(ii) the success of an authorized criminal investigation of,
or the prosecution of, an individual involved in such an act of
terrorism, and
(C) the nonimmigrant has received a reward under section 2708(a)
of title 22,
the Attorney General may adjust the status of the alien (and the spouse,
married and unmarried sons and daughters, and parents of the alien if
admitted under such section) to that of an alien lawfully admitted for
permanent residence if the alien is not described in section
1182(a)(3)(E) of this title.
(3) Upon the approval of adjustment of status under paragraph (1) or
(2), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval and the Secretary of
State shall reduce by one the number of visas authorized to be issued
under sections 1151(d) and 1153(b)(4) of this title for the fiscal year
then current.
(k) Inapplicability of certain provisions for certain employment-based
immigrants
An alien who is eligible to receive an immigrant visa under
paragraph (1), (2), or (3) of section 1153(b) of this title (or, in the
case of an alien who is an immigrant described in section 1101(a)(27)(C)
of this title, under section 1153(b)(4) of this title) may adjust status
pursuant to subsection (a) of this section and notwithstanding
subsection (c)(2), (c)(7), and (c)(8) of this section, if--
(1) the alien, on the date of filing an application for
adjustment of status, is present in the United States pursuant to a
lawful admission;
(2) the alien, subsequent to such lawful admission has not, for
an aggregate period exceeding 180 days--
(A) failed to maintain, continuously, a lawful status;
(B) engaged in unauthorized employment; or
(C) otherwise violated the terms and conditions of the
alien's admission.
(l) \3\ Adjustment of status for victims of trafficking
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\3\ So in original. Two subsecs. (l) have been enacted.
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(1) If, in the opinion of the Attorney General, a nonimmigrant
admitted into the United States under section 1101(a)(15)(T)(i) of this
title--
(A) has been physically present in the United States for a
continuous period of at least 3 years since the date of admission as
a nonimmigrant under section 1101(a)(15)(T)(i) of this title,
(B) has, throughout such period, been a person of good moral
character, and
(C)(i) has, during such period, complied with any reasonable
request for assistance in the investigation or prosecution of acts
of trafficking, or
(ii) the alien would suffer extreme hardship involving unusual
and severe harm upon removal from the United States,
the Attorney General may adjust the status of the alien (and any person
admitted under that section as the spouse, parent, or child of the
alien) to that of an alien lawfully admitted for permanent residence.
(2) \4\ Paragraph (1) shall not apply to an alien admitted under
section 1101(a)(15)(T) of this title who is inadmissible to the United
States by reason of a ground that has not been waived under section 1182
of this title, except that, if the Attorney General considers it to be
in the national interest to do so, the Attorney General, in the Attorney
General's discretion, may waive the application of--
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\4\ So in original. Two pars. (2) have been enacted.
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(A) paragraphs (1) and (4) of section 1182(a) of this title; and
(B) any other provision of such section (excluding paragraphs
(3), (10)(C), and (10(E)),\5\ if the activities rendering the alien
inadmissible under the provision were caused by, or were incident
to, the victimization described in section 1101(a)(15)(T)(i)(I) of
this title.
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\5\ So in original. Probably should be ``(10)(E)),''.
(2) \4\ An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)(A)
if the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding 180
days.
(3)(A) The total number of aliens whose status may be adjusted under
paragraph (1) during any fiscal year may not exceed 5,000.
(B) The numerical limitation of subparagraph (A) shall only apply to
principal aliens and not to the spouses, sons, daughters, or parents of
such aliens.
(4) Upon the approval of adjustment of status under paragraph (1),
the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval.
(l) \3\ Adjustment of status for victims of crimes against women
(1) The Attorney General may adjust the status of an alien admitted
into the United States (or otherwise provided nonimmigrant status) under
section 1101(a)(15)(U) of this title to that of an alien lawfully
admitted for permanent residence if the alien is not described in
section 1182(a)(3)(E) of this title, unless the Attorney General
determines based on affirmative evidence that the alien unreasonably
refused to provide assistance in a criminal investigation or
prosecution, if--
(A) the alien has been physically present in the United States
for a continuous period of at least 3 years since the date of
admission as a nonimmigrant under clause (i) or (ii) of section
1101(a)(15)(U) of this title; and
(B) in the opinion of the Attorney General, the alien's
continued presence in the United States is justified on humanitarian
grounds, to ensure family unity, or is otherwise in the public
interest.
(2) An alien shall be considered to have failed to maintain
continuous physical presence in the United States under paragraph (1)(A)
if the alien has departed from the United States for any period in
excess of 90 days or for any periods in the aggregate exceeding 180 days
unless the absence is in order to assist in the investigation or
prosecution or unless an official involved in the investigation or
prosecution certifies that the absence was otherwise justified.
(3) Upon approval of adjustment of status under paragraph (1) of an
alien described in section 1101(a)(15)(U)(i) of this title the Attorney
General may adjust the status of or issue an immigrant visa to a spouse,
a child, or, in the case of an alien child, a parent who did not receive
a nonimmigrant visa under section 1101(a)(15)(U)(ii) of this title if
the Attorney General considers the grant of such status or visa
necessary to avoid extreme hardship.
(4) Upon the approval of adjustment of status under paragraph (1) or
(3), the Attorney General shall record the alien's lawful admission for
permanent residence as of the date of such approval.
(June 27, 1952, ch. 477, title II, ch. 5, Sec. 245, 66 Stat. 217; Pub.
L. 85-700, Sec. 1, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86-648, Sec. 10,
July 14, 1960, 74 Stat. 505; Pub. L. 89-236, Sec. 13, Oct. 3, 1965, 79
Stat. 918; Pub. L. 94-571, Sec. 6, Oct. 20, 1976, 90 Stat. 2705; Pub. L.
97-116, Sec. 5(d)(2), Dec. 29, 1981, 95 Stat. 1614; Pub. L. 99-603,
title I, Sec. 117, title III, Sec. 313(c), Nov. 6, 1986, 100 Stat. 3384,
3438; Pub. L. 99-639, Secs. 2(e), 3(b), 5(a), Nov. 10, 1986, 100 Stat.
3542, 3543; Pub. L. 100-525, Secs. 2(f)(1), (p)(3), 7(b), Oct. 24, 1988,
102 Stat. 2611, 2613, 2616; Pub. L. 101-649, title I, Secs. 121(b)(4),
162(e)(3), title VII, Sec. 702(a), Nov. 29, 1990, 104 Stat. 5011, 5086;
Pub. L. 102-110, Sec. 2(c), Oct. 1, 1991, 105 Stat. 556; Pub. L. 102-
232, title III, Secs. 302(d)(2), (e)(7), 308(a), Dec. 12, 1991, 105
Stat. 1744, 1746, 1757; Pub. L. 103-317, title V, Sec. 506(b), Aug. 26,
1994, 108 Stat. 1765; Pub. L. 103-322, title XIII, Sec. 130003(c), Sept.
13, 1994, 108 Stat. 2025; Pub. L. 103-416, title II, Sec. 219(k), Oct.
25, 1994, 108 Stat. 4317; Pub. L. 104-132, title IV, Sec. 413(d), Apr.
24, 1996, 110 Stat. 1269; Pub. L. 104-208, div. C, title III,
Secs. 308(f)(1)(O), (2)(C), (g)(10)(B), 375, 376(a), title VI,
Sec. 671(a)(4)(A), (5), Sept. 30, 1996, 110 Stat. 3009-621, 3009-625,
3009-648, 3009-721; Pub. L. 105-119, title I, Secs. 110(3), 111(a), (c),
Nov. 26, 1997, 111 Stat. 2458; Pub. L. 106-386, div. A, Sec. 107(f),
div. B, title V, Secs. 1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat.
1479, 1527, 1536; Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Secs. 1102(c), (d)(2), 1103(c)(3)], Dec. 21, 2000, 114 Stat. 2762,
2762A-143 to 2762A-145; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502], Dec. 21, 2000, 114 Stat. 2763, 2763A-324.)
References in Text
Section 202 of the Immigration Reform and Control Act of 1986,
referred to in subsec. (i)(1), is section 202 of Pub. L. 99-603, which
is set out as a note under section 1255a of this title.
Section 301 of the Immigration Act of 1990, referred to in subsec.
(i)(1)(iii), is section 301 of Pub. L. 101-649, which is set out as a
note under section 1255a of this title.
Amendments
2000--Subsec. (a). Pub. L. 106-386, Sec. 1506(a)(1)(A), which
directed the insertion of ``or the status of any other alien having an
approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or''
after ``into the United States.'', was executed by making the insertion
after ``into the United States'' to reflect the probable intent of
Congress.
Subsec. (c). Pub. L. 106-386, Sec. 1506(a)(1)(B), substituted
``Other than an alien having an approved petition for classification
under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),
(B)(iii), or (B)(iv) of section 1154(a)(1) of this title, subsection (a)
of this section shall not be applicable to'' for ``Subsection (a) of
this section shall not be applicable to''.
Subsec. (d). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out ``or (m)'' after ``under subsection (a)''
in two places.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(c)(3)(A)], struck
out ``(relating to an alien fiancee or fiance or the minor child of such
alien)'' before ``except to that of an alien''.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
substituted ``under subsection (a) or (m) of this section,'' for ``under
subsection (a) of this section,'' in two places.
Subsec. (e)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out ``or (m)'' after ``under subsection (a)''.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(B)],
substituted ``subsection (a) or (m)'' for ``subsection (a)''.
Subsec. (e)(3). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1103(c)(3)(B)], substituted ``section 1154(a) of this title or
subsection (d) or (p) of section 1184 of this title'' for ``section
1154(a) or 1184(d) of this title''.
Subsec. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out ``or (m)'' after ``under subsection (a)''.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
substituted ``under subsection (a) or (m) of this section,'' for ``under
subsection (a) of this section,''.
Subsec. (i)(1)(B)(i). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
XV, Sec. 1502(a)(1)(B)], substituted ``April 30, 2001'' for ``January
14, 1998''.
Subsec. (i)(1)(C). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(a)(1)(A), (C), (D)], added subpar. (C).
Subsec. (i)(3)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(a)(2)], inserted before period at end ``, except that in the
case of fees attributable to applications for a beneficiary with respect
to whom a petition for classification, or an application for labor
certification, described in paragraph (1)(B) was filed after January 14,
1998, one-half of such remaining portion shall be deposited by the
Attorney General into the Immigration Examinations Fee Account
established under section 1356(m) of this title''.
Subsec. (l). Pub. L. 106-386, Sec. 1513(f), added subsec. (l)
relating to adjustment of status for victims of crimes against women.
Pub. L. 106-386, Sec. 107(f), added subsec. (l) relating to
adjustment of status for victims of trafficking.
Subsec. (m). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(1)], struck out subsec. (m), which related to adjustment of
status of nonimmigrant described in section 1101(a)(15)(V) of this title
who was determined to have been physically present in the United States
at any time during period beginning July 1, 2000, and ending Oct. 1,
2000.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(c)], added
subsec. (m).
1997--Subsec. (c)(2). Pub. L. 105-119, Sec. 111(c)(1), substituted
``(2) subject to subsection (k) of this section, an alien (other than''
for ``(2) an alien (other than''.
Subsec. (i)(1). Pub. L. 105-119, Sec. 111(a), substituted first
sentence for prior first sentence which read as follows:
``Notwithstanding the provisions of subsections (a) and (c) of this
section, an alien physically present in the United States who--
``(A) entered the United States without inspection; or
``(B) is within one of the classes enumerated in subsection (c)
of this section,
may apply to the Attorney General for the adjustment of his or her
status to that of an alien lawfully admitted for permanent residence.''
Subsec. (i)(3)(B). Pub. L. 105-119, Sec. 110(3), substituted
``Breached Bond/Detention Fund established under section 1356(r) of this
title'' for ``Immigration Detention Account established under section
1356(s) of this title''.
Subsec. (k). Pub. L. 105-119, Sec. 111(c)(2), added subsec. (k).
1996--Subsec. (c)(6). Pub. L. 104-208, Sec. 308(g)(10)(B),
substituted ``section 1227(a)(4)(B)'' for ``section 1251(a)(4)(B)''.
Pub. L. 104-132 added cl. (6).
Subsec. (c)(7), (8). Pub. L. 104-208, Sec. 375, added cls. (7) and
(8).
Subsec. (e)(2). Pub. L. 104-208, Sec. 308(f)(2)(C), substituted ``be
admitted'' for ``enter''.
Subsec. (e)(3). Pub. L. 104-208, Sec. 308(f)(1)(O), substituted
``admission'' for ``entry''.
Subsec. (i). Pub. L. 104-208, Sec. 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status, as
(j).
Subsec. (i)(1). Pub. L. 104-208, Sec. 376(a)(1), substituted
``$1,000'' for ``five times the fee required for the processing of
applications under this section''.
Subsec. (i)(3). Pub. L. 104-208, Sec. 376(a)(2), amended par. (3)
generally. Prior to amendment, par. (3) read as follows: ``Sums remitted
to the Attorney General pursuant to paragraphs (1) and (2) of this
subsection shall be disposed of by the Attorney General as provided in
sections 1356(m), (n), and (o) of this title.''
Subsec. (j). Pub. L. 104-208, Sec. 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status, as
(j).
Subsec. (j)(3). Pub. L. 104-208, Sec. 671(a)(5), substituted
``paragraph (1) or (2)'' for ``paragraphs (1) or (2)''.
1994--Subsec. (c)(5). Pub. L. 103-322, Sec. 130003(c)(2), added cl.
(5).
Subsec. (h)(2)(B). Pub. L. 103-416 substituted ``and (3)(E)'' for
``or (3)(E)''.
Subsec. (i). Pub. L. 103-322, Sec. 130003(c)(1), added subsec. (i)
relating to adjustment to permanent resident status.
Pub. L. 103-317, Sec. 506(b), added subsec. (i) relating to
adjustment in status of certain aliens physically present in United
States.
1991--Subsec. (b). Pub. L. 102-232, Sec. 302(e)(7), substituted
``sections 1152 and 1153'' for ``sections 1151(a)'' and ``for the fiscal
year then current'' for ``for the succeeding fiscal year''.
Subsec. (c)(2). Pub. L. 102-232, Sec. 302(d)(2)(A), inserted
``(J),'' after ``(I),''.
Pub. L. 102-110, Sec. 2(c)(1), substituted ``, (I), or (K)'' for
``or (I)''.
Subsec. (e)(3). Pub. L. 102-232, Sec. 308(a), substituted ``section
1154(g)'' for ``section 1154(h)''.
Subsec. (g). Pub. L. 102-110, Sec. 2(c)(2), added subsec. (g).
Subsec. (h). Pub. L. 102-232, Sec. 302(d)(2)(B), added subsec. (h).
1990--Subsec. (b). Pub. L. 101-649, Sec. 162(e)(3), struck out ``or
nonpreference'' after ``number of the preference'' and substituted
``1151(a)'' for ``1152(e) or 1153(a)'' and ``succeeding fiscal year''
for ``fiscal year then current''.
Subsec. (e)(1). Pub. L. 101-649, Sec. 702(a)(1), substituted
``Except as provided in paragraph (3), an alien'' for ``An alien''.
Subsec. (e)(3). Pub. L. 101-649, Sec. 702(a)(2), added par. (3).
Subsec. (f). Pub. L. 101-649, Sec. 121(b)(4), added subsec. (f).
1988--Subsec. (c)(2). Pub. L. 100-525, Sec. 2(f)(1), substituted
``1101(a)(27)(H) or (I)'' for ``1101(a)(27)(H)'', inserted ``or'' after
``no fault of his own'', and substituted ``in unlawful'' for ``not in
legal'' and ``lawful status'' for ``legal status''.
Subsec. (c)(4). Pub. L. 100-525, Sec. 2(p)(3), made technical
correction to Pub. L. 99-603, Sec. 313(c). See 1986 Amendment note
below.
Subsec. (d). Pub. L. 100-525, Sec. 7(b), amended Pub. L. 99-639,
Sec. 3(b). See 1986 Amendment note below.
1986--Subsec. (c). Pub. L. 99-639, Sec. 5(a)(1), substituted
``Subsection (a) of this section'' for ``The provisions of this
section''.
Subsec. (c)(2). Pub. L. 99-603, Sec. 117, inserted ``or who is not
in legal immigration status on the date of filing the application for
adjustment or who has failed (other than through no fault of his own for
technical reasons) to maintain continuously a legal status since entry
into the United States''.
Subsec. (c)(4). Pub. L. 99-603, Sec. 313(c), as amended by Pub. L.
100-525, Sec. 2(p)(3), added cl. (4).
Subsec. (d). Pub. L. 99-639, Sec. 3(b), as amended by Pub. L. 100-
525, Sec. 7(b), inserted ``The Attorney General may not adjust, under
subsection (a) of this section, the status of a nonimmigrant alien
described in section 1101(a)(15)(K) of this title (relating to an alien
fiancee or fiance or the minor child of such alien) except to that of an
alien lawfully admitted to the United States on a conditional basis
under section 1186a of this title as a result of the marriage of the
nonimmigrant (or, in the case of a minor child, the parent) to the
citizen who filed the petition to accord that alien's nonimmigrant
status under section 1101(a)(15)(K) of this title.''
Pub. L. 99-639, Sec. 2(e), added subsec. (d).
Subsec. (e). Pub. L. 99-639, Sec. 5(a)(2), added subsec. (e).
1981--Subsec. (c)(2). Pub. L. 97-116 inserted ``or a special
immigrant described in section 1101(a)(27)(H) of this title'' after
``section 1151(b) of this title''.
1976--Subsec. (a). Pub. L. 94-571 struck out ``, other than alien
crewman,'' after ``status of an alien'' and substituted ``filed'' for
``approved''.
Subsec. (b). Pub. L. 94-571 inserted reference to section 1152(e) of
this title and struck out comma after ``chargeable''.
Subsec. (c). Pub. L. 94-571 substituted provision making the section
inapplicable to alien crewmen, aliens continuing or accepting
unauthorized employment, and aliens admitted in transit without visa for
provision making the section inapplicable to natives of contiguous
country or adjacent island.
1965--Subsec. (b). Pub. L. 89-236, Sec. 13(a), struck out reference
to quota area to which the alien is chargeable under section 1152 of
this title and substituted reference to number of preference or
nonpreference visas authorized to be issued under section 1153(a) of
this title within the class to which the alien is chargeable.
Subsec. (c). Pub. L. 89-236, Sec. 13(b), substituted ``any country
of the Western Hemisphere'' for ``any country contiguous to the United
States''.
1960--Subsec. (a). Pub. L. 86-648 substituted ``alien, other than an
alien crewman, who was inspected and admitted or paroled into the United
States'' for ``alien who was admitted to the United States as a bona
fide nonimmigrant'', struck out former cl. (3) which read ``an immigrant
visa was immediately available to him at the time of his application'',
redesignated cl. (4) as (3), and struck out concluding sentence which
read as follows: ``A quota immigrant visa shall be considered
immediately available for the purposes of this subsection only if the
portion of the quota to which the alien is chargeable is undersubscribed
by applicants registered on a consular waiting list.''
1958--Pub. L. 85-700 among other changes, substituted provisions
allowing adjustment of status of alien who was admitted as a bona fide
nonimmigrant to that of an alien lawfully admitted for permanent
residence, for provisions allowing adjustment of status of alien who was
lawfully admitted as a bona fide nonimmigrant and continued to maintain
that status, to that of a permanent resident either as a quota immigrant
or as a nonquota immigrant claiming nonquota status as the spouse or
child of a citizen under certain specified conditions, by striking out
provision terminating nonimmigrant quota status of alien who files
application for adjustment of status, and by adding subsec. (c).
Effective Date of 2000 Amendments
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1506], Dec.
21, 2000, 114 Stat. 2763, 2763A-328, provided that: ``This title
[amending this section, enacting provisions set out as notes under this
section, and amending provisions set out as notes under this section and
section 1101 of this title] shall take effect as if included in the
enactment of the Legal Immigration Family Equity Act [see Short Title of
2000 Amendments note set out under section 1101 of this title].''
Amendment by section 1(a)(2) [title XI, Sec. 1102(c), (d)(2)] of
Pub. L. 106-553 effective Dec. 21, 2000, and applicable to an alien who
is the beneficiary of a classification petition filed under section 1154
of this title on or before Dec. 21, 2000, see section 1(a)(2) [title XI,
Sec. 1102(e)] of Pub. L. 106-553, set out as a note under section 1101
of this title.
Amendment by section 1(a)(2) [title XI, Sec. 1103(c)(3)] of Pub. L.
106-553 effective Dec. 21, 2000, and applicable to an alien who is the
beneficiary of a classification petition filed under section 1154 of
this title before, on, or after Dec. 21, 2000, see section 1(a)(2)
[title XI, Sec. 1103(d)] of Pub. L. 106-553, set out as a note under
section 1101 of this title.
Pub. L. 106-386, div. B, title V, Sec. 1506(a)(2), Oct. 28, 2000,
114 Stat. 1527, provided that: ``The amendments made by paragraph (1)
[amending this section] shall apply to applications for adjustment of
status pending on or made on or after January 14, 1998.''
Effective Date of 1996 Amendments
Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) of Pub. L.
104-208 effective, with certain transitional provisions, on the first
day of the first month beginning more than 180 days after Sept. 30,
1996, see section 309 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
Section 376(c) of div. C of Pub. L. 104-208 provided that: ``The
amendments made by this section [amending this section and section 1356
of this title] shall apply to applications made on or after the end of
the 90-day period beginning on the date of the enactment of this Act
[Sept. 30, 1996].''
Amendment by section 671(a)(4)(A), (5) of Pub. L. 104-208 effective
as if included in the enactment of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of Pub.
L. 104-208, set out as a note under section 1101 of this title.
Amendment by Pub. L. 104-132 effective Apr. 24, 1996, and applicable
to applications filed before, on, or after such date if final action not
yet taken on them before such date see section 413(g) of Pub. L. 104-
132, set out as a note under section 1253 of this title.
Effective Date of 1994 Amendments
Amendment by Pub. L. 103-416 effective as if included in the
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section
219(dd) of Pub. L. 103-416, set out as a note under section 1101 of this
title.
Amendment by Pub. L. 103-317 effective Oct. 1, 1994, see section
506(c) of Pub. L. 103-317, as amended, set out as an Effective and
Termination Dates of 1994 Amendment note under section 1182 of this
title.
Effective Date of 1991 Amendments
Amendment by section 302(d)(2), (e)(7) of Pub. L. 102-232 effective
as if included in the enactment of the Immigration Act of 1990, Pub. L.
101-649, see section 310(1) of Pub. L. 102-232, set out as a note under
section 1101 of this title.
Section 308(a) of Pub. L. 102-232 provided that the amendment made
by that section is effective Oct. 1, 1991.
Amendment by Pub. L. 102-110 effective 60 days after Oct. 1, 1991,
see section 2(d) of Pub. L. 102-110, set out as a note under section
1101 of this title.
Effective Date of 1990 Amendment
Amendment by sections 121(b)(4), 162(e)(3) of Pub. L. 101-649
effective Oct. 1, 1991, and applicable beginning with fiscal year 1992,
see section 161(a) of Pub. L. 101-649, set out as a note under section
1101 of this title.
Amendment by section 702(a) of Pub. L. 101-649 applicable to
marriages entered into before, on, or after Nov. 29, 1990, see section
702(c) of Pub. L. 101-649, set out as a note under section 1154 of this
title.
Effective Date of 1988 Amendment
Section 2(f)(2) of Pub. L. 100-525 provided that: ``The amendments
made by paragraph (1) [amending this section] and by section 117 of IRCA
[section 117 of Pub. L. 99-603, amending this section] shall apply to
applications for adjustment of status filed on or after November 6,
1986.''
Amendment by section 2(f)(1), (p)(3) of Pub. L. 100-525 effective as
if included in enactment of Immigration Reform and Control Act of 1986,
Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note
under section 1101 of this title.
Amendment by section 7(b) of Pub. L. 100-525 effective as if
included in enactment of Immigration Marriage Fraud Amendments of 1986,
Pub. L. 99-639, see section 7(d) of Pub. L. 100-525, set out as a note
under section 1182 of this title.
Effective Date of 1986 Amendments
Section 3(d)(2) of Pub. L. 99-639 provided that: ``The amendment
made by subsection (b) [amending this section] shall apply to
adjustments occurring on or after the date of the enactment of this Act
[Nov. 10, 1986].''
Amendment by section 5(a) of Pub. L. 99-639 applicable to marriages
entered into on or after Nov. 10, 1986, see section 5(c) of Pub. L. 99-
639, set out as a note under section 1154 of this title.
Amendment by section 117 of Pub. L. 99-603 applicable to
applications for adjustment of status filed on or after Nov. 6, 1986,
see section 2(f)(2) of Pub. L. 100-525, set out as an Effective Date of
1988 Amendment note above.
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this
title.
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section 10 of
Pub. L. 94-571, set out as a note under section 1101 of this title.
Effective Date of 1965 Amendment
For effective date of amendment by Pub. L. 89-236, see section 20 of
Pub. L. 89-236, set out as a note under section 1151 of this title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Permitting Motion to Reopen
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(a)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-326, provided that:
``Notwithstanding any time and number limitations imposed by law on
motions to reopen exclusion, removal, or deportation proceedings (except
limitations premised on an alien's conviction of an aggravated felony
(as defined by section 101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)])), a national of Cuba or Nicaragua who has become
eligible for adjustment of status under the Nicaraguan Adjustment and
Central American Relief Act [see Short Title of 1997 Amendments note set
out under section 1101 of this title] as a result of the amendments made
by paragraph (1) [amending section 202 of Pub. L. 105-100, set out
below], may file one motion to reopen exclusion, deportation, or removal
proceedings to apply for such adjustment under that Act. The scope of
any proceeding reopened on this basis shall be limited to a
determination of the alien's eligibility for adjustment of status under
that Act. All such motions shall be filed within 180 days of the date of
the enactment of this Act [Dec. 21, 2000].''
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(b)(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-327, provided that:
``Notwithstanding any time and number limitations imposed by law on
motions to reopen exclusion, removal, or deportation proceedings (except
limitations premised on an alien's conviction of an aggravated felony
(as defined by section 101(a) of the Immigration and Nationality Act [8
U.S.C. 1101(a)])), a national of Haiti who has become eligible for
adjustment of status under the Haitian Refugee Immigration Fairness Act
of 1998 [see Short Title of 1998 Amendments note set out under section
1101 of this title] as a result of the amendments made by paragraph (1)
[amending section 902 of section 101(h) of div. A of Pub. L. 105-277,
set out below], may file one motion to reopen exclusion, deportation, or
removal proceedings to apply for such adjustment under that Act. The
scope of any proceeding reopened on this basis shall be limited to a
determination of the alien's eligibility for adjustment of status under
that Act. All such motions shall be filed within 180 days of the date of
the enactment of this Act [Dec. 21, 2000].''
Adjustment of Status of Certain Jewish Syrian Nationals
Pub. L. 106-378, Oct. 27, 2000, 114 Stat. 1442, provided for
adjustment of status from asylee to lawful permanent residence of not
more than 2,000 persons, who must be either (1) Jewish nationals of
Syria, who arrived in the United States after Dec. 31, 1991, after being
permitted by the Syrian Government to depart from Syria, and were
physically present in the United States at the time of filing the
application for adjustment of status, or (2) who were the spouse, child,
or unmarried son or daughter of such an alien provided that any such
eligible person either applied for such adjustment of status not later
than 1 year after Oct. 27, 2000, or applied for adjustment of status
under this chapter before Oct. 27, 2000, had been physically present in
the United States for at least 1 year after being granted asylum; was
not firmly resettled in any foreign country; and was admissible as an
immigrant under this chapter at the time of examination for adjustment
of such alien.
Adjustment of Status of Certain Haitian Nationals
Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 902], Oct. 21,
1998, 112 Stat. 2681-480, 2681-538; as amended Pub. L. 106-386, div. B,
title V, Sec. 1511(a), Oct. 28, 2000, 114 Stat. 1532; by Pub. L. 106-
554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(b)(1)], Dec. 21, 2000,
114 Stat. 2763, 2763A-326, provided that:
``(a) Adjustment of Status.--
``(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to that of
an alien lawfully admitted for permanent residence, if the alien--
``(A) applies for such adjustment before April 1, 2000; and
``(B) is otherwise admissible to the United States for
permanent residence, except that, in determining such
admissibility, the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
212(a) of the Immigration and Nationality Act [8 U.S.C.
1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
``(2) Inapplicability of certain provisions.--In the case of an
alien described in subsection (b) or (d) who is applying for
adjustment of status under this section--
``(A) the provisions of section 241(a)(5) of the Immigration
and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
``(B) the Attorney General may grant the alien a waiver on
the grounds of inadmissibility under subparagraphs (A) and (C)
of section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
In granting waivers under subparagraph (B), the Attorney General
shall use standards used in granting consent under subparagraphs
(A)(iii) and (C)(ii) of such section 212(a)(9).
``(3) Relationship of application to certain orders.--An alien
present in the United States who has been ordered excluded,
deported, removed, or ordered to depart voluntarily from the United
States under any provision of the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not be
required, as a condition on submitting or granting such application,
to file a separate motion to reopen, reconsider, or vacate such
order. If the Attorney General grants the application, the Attorney
General shall cancel the order. If the Attorney General makes a
final decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had not
been made.
``(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who is a national of
Haiti who--
``(1) was present in the United States on December 31, 1995,
who--
``(A) filed for asylum before December 31, 1995,
``(B) was paroled into the United States prior to December
31, 1995, after having been identified as having a credible fear
of persecution, or paroled for emergent reasons or reasons
deemed strictly in the public interest, or
``(C) was a child (as defined in the text above subparagraph
(A) of section 101(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1101(b)(1)) at the time of arrival in the United
States and on December 31, 1995, and who--
``(i) arrived in the United States without parents in
the United States and has remained without parents in the
United States since such arrival,
``(ii) became orphaned subsequent to arrival in the
United States, or
``(iii) was abandoned by parents or guardians prior to
April 1, 1998 and has remained abandoned since such
abandonment; and
``(2) has been physically present in the United States for a
continuous period beginning not later than December 31, 1995, and
ending not earlier than the date the application for such adjustment
is filed, except that an alien shall not be considered to have
failed to maintain continuous physical presence by reason of an
absence, or absences, from the United States for any period or
periods amounting in the aggregate to not more than 180 days.
``(c) Stay of Removal.--
``(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or removal or exclusion to seek a stay of such order
based on the filing of an application under subsection (a).
``(2) During certain proceedings.--Notwithstanding any provision
of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the
Attorney General shall not order any alien to be removed from the
United States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the Attorney
General has made a final determination to deny the application.
``(3) Work authorization.--The Attorney General may authorize an
alien who has applied for adjustment of status under subsection (a)
to engage in employment in the United States during the pendency of
such application and may provide the alien with an `employment
authorized' endorsement or other appropriate document signifying
authorization of employment, except that if such application is
pending for a period exceeding 180 days, and has not been denied,
the Attorney General shall authorize such employment.
``(d) Adjustment of Status for Spouses and Children.--
``(1) In general.--The status of an alien shall be adjusted by
the Attorney General to that of an alien lawfully admitted for
permanent residence, if--
``(A) the alien is a national of Haiti;
``(B)(i) the alien is the spouse, child, or unmarried son or
daughter of an alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under subsection
(a), except that, in the case of such an unmarried son or
daughter, the son or daughter shall be required to establish
that the son or daughter has been physically present in the
United States for a continuous period beginning not later than
December 1, 1995, and ending not earlier than the date on which
the application for such adjustment is filed;
``(ii) at the time of filing of the application for
adjustment under subsection (a), the alien is the spouse or
child of an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under subsection (a)
and the spouse, child, or child of the spouse has been battered
or subjected to extreme cruelty by the individual described in
subsection (a); and
``(iii) in acting on applications under this section with
respect to spouses or children who have been battered or
subjected to extreme cruelty, the Attorney General shall apply
the provisions of section 204(a)(1)(H) [8 U.S.C. 1154(a)(1)(H)].
``(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
``(D) the alien is otherwise admissible to the United States
for permanent residence, except that, in determining such
admissibility, the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
212(a) of the Immigration and Nationality Act [8 U.S.C.
1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
``(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence referred to
in paragraph (1)(B), an alien shall not be considered to have failed
to maintain continuous physical presence by reason of an absence, or
absences, from the United States for any period or periods amounting
in the aggregate to not more than 180 days.
``(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
``(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act [8 U.S.C. 1255]; or
``(2) aliens subject to removal proceedings under section 240 of
such Act [8 U.S.C. 1229a].
``(f) Limitation on Judicial Review.--A determination by the
Attorney General as to whether the status of any alien should be
adjusted under this section is final and shall not be subject to review
by any court.
``(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
resident pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under any provision of the Immigration and Nationality Act [8 U.S.C.
1101 et seq.].
``(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this title [section 101(h)
[title IX] of Pub. L. 105-277, enacting sections 1377 and 1378 of this
title and provisions set out as a note under section 1101 of this
title], the definitions contained in the Immigration and Nationality Act
[8 U.S.C. 1101 et seq.] shall apply in the administration of this
section. Nothing contained in this title shall be held to repeal, amend,
alter, modify, effect, or restrict the powers, duties, functions, or
authority of the Attorney General in the administration and enforcement
of such Act or any other law relating to immigration, nationality, or
naturalization. The fact that an alien may be eligible to be granted the
status of having been lawfully admitted for permanent residence under
this section shall not preclude the alien from seeking such status under
any other provision of law for which the alien may be eligible.
``(i) Adjustment of Status Has No Effect On Eligibility For Welfare
and Public Benefits.--No alien whose status has been adjusted in
accordance with this section and who was not a qualified alien on the
date of enactment of this Act [Oct. 21, 1998] may, solely on the basis
of such adjusted status, be considered to be a qualified alien under
section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section
5302 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat.
598), for purposes of determining the alien's eligibility for
supplemental security income benefits under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.) or medical assistance under title
XIX of such Act (42 U.S.C. 1396 et seq.).
``(j) Period of Applicability.--Subsection (i) shall not apply after
October 1, 2003.
``(k) Not later than 6 months after the date of the enactment of
this Act [Oct. 21, 1998], and every 6 months thereafter (until all
applications for adjustment of status under this section have been
finally adjudicated), the Comptroller General of the United States shall
submit to the Committees on the Judiciary and the Committees on
Appropriations of the United States House of Representatives and the
United States Senate a report containing the following:
``(1)(A) The number of aliens who applied for adjustment of
status under subsection (a), including a breakdown specifying the
number of such applicants who are described in subparagraph (A),
(B), or (C) of subsection (b)(1), respectively.
``(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph.
``(2)(A) The number of aliens who applied for adjustment of
status under subsection (d), including a breakdown specifying the
number of such applicants who are sponsors, children, or unmarried
sons or daughters described in such subsection, respectively.
``(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph.''
[Pub. L. 106-386, div. B, title V, Sec. 1511(b), Oct. 28, 2000, 114
Stat. 1533, provided that: ``The amendment made by subsection (a)
[amending section 101(h) [title IX, Sec. 902] of div. A of Pub. L. 105-
277, set out above] shall be effective as if included in the Haitian
Refugee Immigration Fairness Act of 1998 (division A of section 101(h)
of Public Law 105-277; 112 Stat. 2681-538).'']
Adjustment of Status of Certain Nicaraguans and Cubans
Pub. L. 105-100, title II, Sec. 202, Nov. 19, 1997, 111 Stat. 2193,
as amended by Pub. L. 105-139, Sec. 1(a), (b), Dec. 2, 1997, 111 Stat.
2644; Pub. L. 106-386, div. B, title V, Sec. 1510(a), Oct. 28, 2000, 114
Stat. 1531; Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1505(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-326, provided
that:
``(a) Adjustment of Status.--
``(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Attorney General to that of
an alien lawfully admitted for permanent residence, if the alien--
``(A) applies for such adjustment before April 1, 2000; and
``(B) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5),
(6)(A), (7)(A), (9)(B)] shall not apply.
``(2) Rules in applying certain provisions.--In the case of an
alien described in subsection (b) or (d) who is applying for
adjustment of status under this section--
``(A) the provisions of section 241(a)(5) of the Immigration
and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
``(B) the Attorney General may grant the alien a waiver on
the grounds of inadmissibility under subparagraphs (A) and (C)
of section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
In granting waivers under subparagraph (B), the Attorney General
shall use standards used in granting consent under subparagraphs
(A)(iii) and (C)(ii) of such section 212(a)(9).
``(3) Relationship of application to certain orders.--An alien
present in the United States who has been ordered excluded,
deported, removed, or ordered to depart voluntarily from the United
States under any provision of the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not be
required, as a condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or vacate such
order. If the Attorney General grants the application, the Attorney
General shall cancel the order. If the Attorney General renders a
final administrative decision to deny the application, the order
shall be effective and enforceable to the same extent as if the
application had not been made.
``(b) Aliens Eligible for Adjustment of Status.--
``(1) In general.--The benefits provided by subsection (a) shall
apply to any alien who is a national of Nicaragua or Cuba and who
has been physically present in the United States for a continuous
period, beginning not later than December 1, 1995, and ending not
earlier than the date the application for adjustment under such
subsection is filed, except an alien shall not be considered to have
failed to maintain continuous physical presence by reason of an
absence, or absences, from the United States for any periods in the
aggregate not exceeding 180 days.
``(2) Proof of commencement of continuous presence.--For
purposes of establishing that the period of continuous physical
presence referred to in paragraph (1) commenced not later than
December 1, 1995, an alien--
``(A) shall demonstrate that the alien, prior to December 1,
1995--
``(i) applied to the Attorney General for asylum;
``(ii) was issued an order to show cause under section
242 or 242B of the Immigration and Nationality Act [8 U.S.C.
1252, former 1252b] (as in effect prior to April 1, 1997);
``(iii) was placed in exclusion proceedings under
section 236 of such Act [8 U.S.C. 1226] (as so in effect);
``(iv) applied for adjustment of status under section
245 of such Act [8 U.S.C. 1255];
``(v) applied to the Attorney General for employment
authorization;
``(vi) performed service, or engaged in a trade or
business, within the United States which is evidenced by
records maintained by the Commissioner of Social Security;
or
``(vii) applied for any other benefit under the
Immigration and Nationality Act [8 U.S.C. 1101 et seq.] by
means of an application establishing the alien's presence in
the United States prior to December 1, 1995; or
``(B) shall make such other demonstration of physical
presence as the Attorney General may provide for by regulation.
``(c) Stay of Removal; Work Authorization.--
``(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation or
removal to seek a stay of such order based on the filing of an
application under subsection (a).
``(2) During certain proceedings.--Notwithstanding any provision
of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the
Attorney General shall not order any alien to be removed from the
United States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the Attorney
General has rendered a final administrative determination to deny
the application.
``(3) Work authorization.--The Attorney General may authorize an
alien who has applied for adjustment of status under subsection (a)
to engage in employment in the United States during the pendency of
such application and may provide the alien with an `employment
authorized' endorsement or other appropriate document signifying
authorization of employment, except that if such application is
pending for a period exceeding 180 days, and has not been denied,
the Attorney General shall authorize such employment.
``(d) Adjustment of Status for Spouses and Children.--
``(1) In general.--The status of an alien shall be adjusted by
the Attorney General to that of an alien lawfully admitted for
permanent residence, if--
``(A) the alien is a national of Nicaragua or Cuba;
``(B) the alien--
``(i) is the spouse, child, or unmarried son or daughter
of an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under subsection
(a), except that in the case of such an unmarried son or
daughter, the son or daughter shall be required to establish
that the son or daughter has been physically present in the
United States for a continuous period beginning not later
than December 1, 1995, and ending not earlier than the date
on which the application for adjustment under this
subsection is filed; or
``(ii) was, at the time at which an alien filed for
adjustment under subsection (a), the spouse or child of an
alien whose status is adjusted to that of an alien lawfully
admitted for permanent residence under subsection (a), and
the spouse, child, or child of the spouse has been battered
or subjected to extreme cruelty by the alien that filed for
adjustment under subsection (a);
``(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed;
``(D) the alien is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
212(a) of the Immigration and Nationality Act [8 U.S.C.
1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply; and
``(E) applies for such adjustment before April 1, 2000.
``(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence referred to
in paragraph (1)(B), an alien--
``(A) shall demonstrate that such period commenced not later
than December 1, 1995, in a manner consistent with subsection
(b)(2); and
``(B) shall not be considered to have failed to maintain
continuous physical presence by reason of an absence, or
absences, from the United States for any period in the aggregate
not exceeding 180 days.
``(3) Procedure.--In acting on an application under this section
with respect to a spouse or child who has been battered or subjected
to extreme cruelty, the Attorney General shall apply section
204(a)(1)(H) [8 U.S.C. 1154(a)(1)(H)].
``(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
``(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act [8 U.S.C. 1255]; or
``(2) aliens subject to removal proceedings under section 240 of
such Act [8 U.S.C. 1229a].
``(f) Limitation on Judicial Review.--A determination by the
Attorney General as to whether the status of any alien should be
adjusted under this section is final and shall not be subject to review
by any court.
``(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under any provision of the Immigration and Nationality Act [8 U.S.C.
1101 et seq.].
``(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this section, the
definitions contained in the Immigration and Nationality Act [8 U.S.C.
1101 et seq.] shall apply in the administration of this section. Nothing
contained in this section shall be held to repeal, amend, alter, modify,
affect, or restrict the powers, duties, functions, or authority of the
Attorney General in the administration and enforcement of such Act or
any other law relating to immigration, nationality, or naturalization.
The fact that an alien may be eligible to be granted the status of
having been lawfully admitted for permanent residence under this section
shall not preclude the alien from seeking such status under any other
provision of law for which the alien may be eligible.''
Adjustment of Status for Certain Polish and Hungarian Parolees
Section 646 of div. C of Pub. L. 104-208 provided that:
``(a) In General.--The Attorney General shall adjust the status of
an alien described in subsection (b) to that of an alien lawfully
admitted for permanent residence if the alien--
``(1) applies for such adjustment;
``(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on the
date the application for such adjustment is filed;
``(3) is admissible to the United States as an immigrant, except
as provided in subsection (c); and
``(4) pays a fee (determined by the Attorney General) for the
processing of such application.
``(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
``(1) was a national of Poland or Hungary; and
``(2) was inspected and granted parole into the United States
during the period beginning on November 1, 1989, and ending on
December 31, 1991, after being denied refugee status.
``(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply
to adjustment of status under this section and the Attorney General may
waive any other provision of such section (other than paragraph (2)(C)
and subparagraphs (A), (B), (C), or (E) of paragraph (3)) with respect
to such an adjustment for humanitarian purposes, to assure family unity,
or when it is otherwise in the public interest.
``(d) Date of Approval.--Upon the approval of such an application
for adjustment of status, the Attorney General shall create a record of
the alien's admission as an alien lawfully admitted for permanent
residence as of the date of the alien's inspection and parole described
in subsection (b)(2).
``(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].''
Fingerprint Checks
Section 506(d) of Pub. L. 103-317 provided that: ``The Immigration
and Naturalization Service shall conduct full fingerprint identification
checks through the Federal Bureau of Investigation for all individuals
over sixteen years of age adjusting immigration status in the United
States pursuant to this section [amending this section and section 1182
of this title and enacting provisions set out as a note under section
1182 of this title].''
Adjustment of Status of Certain Nationals of People's Republic of China
Pub. L. 102-404, Oct. 9, 1992, 106 Stat. 1969, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Chinese Student Protection Act of
1992'.
``SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN
NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.
``(a) In General.--Subject to subsection (c)(1), whenever an alien
described in subsection (b) applies for adjustment of status under
section 245 of the Immigration and Nationality Act [8 U.S.C. 1255]
during the application period (as defined in subsection (e)) the
following rules shall apply with respect to such adjustment:
``(1) The alien shall be deemed to have had a petition approved
under section 204(a) of such Act [8 U.S.C. 1154(a)] for
classification under section 203(b)(3)(A)(i) of such Act [8 U.S.C.
1153(b)(3)(A)(i)].
``(2) The application shall be considered without regard to
whether an immigrant visa number is immediately available at the
time the application is filed.
``(3) In determining the alien's admissibility as an immigrant,
and the alien's eligibility for an immigrant visa--
``(A) paragraphs (5) and (7)(A) of section 212(a) and
section 212(e) of such Act [8 U.S.C. 1182(a), (e)] shall not
apply; and
``(B) the Attorney General may waive any other provision of
section 212(a) (other than paragraph (2)(C) and subparagraph
(A), (B), (C), or (E) of paragraph (3)) of such Act with respect
to such adjustment for humanitarian purposes, for purposes of
assuring family unity, or if otherwise in the public interest.
``(4) The numerical level of section 202(a)(2) of such Act [8
U.S.C. 1152(a)(2)] shall not apply.
``(5) Section 245(c) of such Act [8 U.S.C. 1255(c)] shall not
apply.
``(b) Aliens Covered.--For purposes of this section, an alien
described in this subsection is an alien who--
``(1) is a national of the People's Republic of China described
in section 1 of Executive Order No. 12711 [8 U.S.C. 1101 note] as in
effect on April 11, 1990;
``(2) has resided continuously in the United States since April
11, 1990 (other than brief, casual, and innocent absences); and
``(3) was not physically present in the People's Republic of
China for longer than 90 days after such date and before the date of
the enactment of this Act [Oct. 9, 1992].
``(c) Condition; Dissemination of Information.--
``(1) Not applicable if safe return permitted.--Subsection (a)
shall not apply to any alien if the President has determined and
certified to Congress, before the first day of the application
period, that conditions in the People's Republic of China permit
aliens described in subsection (b)(1) to return to that foreign
state in safety.
``(2) Dissemination of information.--If the President has not
made the certification described in paragraph (1) by the first day
of the application period, the Attorney General shall, subject to
the availability of appropriations, immediately broadly disseminate
to aliens described in subsection (b)(1) information respecting the
benefits available under this section. To the extent practicable,
the Attorney General shall provide notice of these benefits to the
last known mailing address of each such alien.
``(d) Offset in Per Country Numerical Level.--
``(1) In general.--The numerical level under section 202(a)(2)
of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)]
applicable to natives of the People's Republic of China in each
applicable fiscal year (as defined in paragraph (3)) shall be
reduced by 1,000.
``(2) Allotment if section 202(e) applies.--If section 202(e) of
the Immigration and Nationality Act is applied to the People's
Republic of China in an applicable fiscal year, in applying such
section--
``(A) 300 immigrant visa numbers shall be deemed to have
been previously issued to natives of that foreign state under
section 203(b)(3)(A)(i) of such Act [8 U.S.C. 1153(b)(3)(A)(i)]
in that year, and
``(B) 700 immigrant visa numbers shall be deemed to have
been previously issued to natives of that foreign state under
section 203(b)(5) of such Act in that year.
``(3) Applicable fiscal year.--
``(A) In general.--In this subsection, the term `applicable
fiscal year' means each fiscal year during the period--
``(i) beginning with the fiscal year in which the
application period begins; and
``(ii) ending with the first fiscal year by the end of
which the cumulative number of aliens counted for all fiscal
years under subparagraph (B) equals or exceeds the total
number of aliens whose status has been adjusted under
section 245 of the Immigration and Nationality Act [8 U.S.C.
1255] pursuant to subsection (a).
``(B) Number counted each year.--The number counted under
this subparagraph for a fiscal year (beginning during or after
the application period) is 1,000, plus the number (if any) by
which (i) the immigration level under section 202(a)(2) of the
Immigration and Nationality Act for the People's Republic of
China in the fiscal year (as reduced under this subsection),
exceeds (ii) the number of aliens who were chargeable to such
level in the year.
``(e) Application Period Defined.--In this section, the term
`application period' means the 12-month period beginning July 1, 1993.''
Adjustment of Status for Certain H-1 Nonimmigrant Nurses
Pub. L. 101-238, Sec. 2, Dec. 18, 1989, 103 Stat. 2099, as amended
by Pub. L. 101-649, title I, Sec. 162(f)(1), Nov. 29, 1990, 104 Stat.
5011; Pub. L. 102-232, title III, Secs. 302(e)(10), 307(l)(10), Dec. 12,
1991, 105 Stat. 1746, 1757, provided that:
``(a) In General.--The numerical limitations of sections 201 and 202
of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall not
apply to the adjustment of status under section 245 of such Act [8
U.S.C. 1255] of an immigrant, and the immigrant's accompanying spouse
and children--
``(1) who, as of September 1, 1989, has the status of a
nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such
Act [8 U.S.C. 1101(a)(15)(H)(i)] to perform services as a registered
nurse,
``(2) who, for at least 3 years before the date of application
for adjustment of status (whether or not before, on, or after, the
date of the enactment of this Act [Dec. 18, 1989]), has been
employed as a registered nurse in the United States, and
``(3) whose continued employment as a registered nurse in the
United States meets the standards established for the certification
described in section 212(a)(5)(A) of such Act [8 U.S.C.
1182(a)(5)(A)].
The Attorney General shall promulgate regulations to carry out this
subsection by not later than 90 days after the date of the enactment of
this Act.
``(b) Transition.--For purposes of adjustment of status under
section 245 of the Immigration and Nationality Act [8 U.S.C. 1255] in
the case of an alien who, as of September 1, 1989, is present in the
United States in the status of a nonimmigrant under section
101(a)(15)(H)(i) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to perform
services as a registered nurse, who, as of September 1, 1989, is present
in the United States and had been admitted to the United States in the
status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to
perform services as a registered nurse but has failed to maintain that
status due to the expiration of the time limitation with respect to such
status, or who is the spouse or child of such an alien, unauthorized
employment performed before the date of the enactment of the Immigration
Act of 1990 [Nov. 29, 1990] shall not be taken into account in applying
section 245(c)(2) of the Immigration and Nationality Act and such an
alien shall be considered as having continued to maintain lawful status
throughout his or her stay in the United States as a nonimmigrant until
the end of the 120-day period beginning on the date the Attorney General
promulgates regulations carrying out the amendments made by section
162(f)(1) of the Immigration Act of 1990 [Pub. L. 101-649, amending this
note].
``(c) Application of Immigration and Nationality Act Provisions.--
The definitions contained in the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall apply in the administration of this section.
The fact that an alien may be eligible to be granted the status of
having been lawfully admitted for permanent residence under this section
shall not preclude the alien from seeking such status under any other
provision of law for which the alien may be eligible.
``(d) Application Period.--The alien, and accompanying spouse and
children, must apply for such adjustment within the 5-year period
beginning on the date the Attorney General promulgates regulations
required under subsection (a).''
[Section 302(e)(10) of Pub. L. 102-232 provided that the amendment
made by that section to section 2(b) of Pub. L. 101-238, set out above,
is effective as if included in the Immigration Nursing Relief Act of
1989, Pub. L. 101-238.]
[Section 307(l) of Pub. L. 102-232 provided that the amendment made
by that section to section 2(a)(3) of Pub. L. 101-238, set out above, is
effective as if included in section 603(a) of the Immigration Act of
1990, Pub. L. 101-649.]
Adjustment of Status for Certain Soviet and Indochinese Parolees
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 586], Nov. 6, 2000, 114
Stat. 1900, 1900A-57, provided that:
``(a) The status of certain aliens from Vietnam, Cambodia, and Laos
described in subsection (b) of this section may be adjusted by the
Attorney General, under such regulations as she may prescribe, to that
of an alien lawfully admitted permanent residence if--
``(1) within 3 years after the date of promulgation by the
Attorney General of regulations in connection with this title the
alien makes an application for such adjustment and pays the
appropriate fee;
``(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for permanent
residence except as described in subsection (c); and
``(3) the alien had been physically present in the United States
prior to October 1, 1997.
``(b) The benefits provided by subsection (a) shall apply to any
alien who is a native or citizen of Vietnam, Laos, or Cambodia and who
was inspected and paroled into the United States before October 1, 1997
and was physically present in the United States on October 1, 1997; and
``(1) was paroled into the United States from Vietnam under the
auspices of the Orderly Departure Program; or
``(2) was paroled into the United States from a refugee camp in
East Asia; or
``(3) was paroled into the United States from a displaced person
camp administered by the United Nations High Commissioner for
Refugees in Thailand.
``(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of paragraphs (4), (5), and (7)(A) and (9) of section 212(a) of the
Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5), (7)(A), (9)]
shall not be applicable to any alien seeking admission to the United
States under this subsection, and nothwithstanding any other provision
of law, the Attorney General may waive 212(a)(1); 212(a)(6)(B), (C), and
(F); 212(8)(A); 212(a)(10)(B) and (D) with respect to such an alien in
order to prevent extreme hardship to the alien or the alien's spouse,
parent, son or daughter, who is a citizen of the United States or an
alien lawfully admitted for permanent residence. Any such waiver by the
Attorney General shall be in writing and shall be granted only on an
individual basis following an investigation.
``(d) Ceiling.--The number of aliens who may be provided adjustment
of status under this provision shall not exceed 5,000.
``(e) Date of Approval.--Upon the approval of such an application
for adjustment of status, the Attorney General shall create a record of
the alien's admission as a lawful permanent resident as of the date of
the alien's inspection and parole described in subsection (b)(1), (b)(2)
and (b)(3).
``(f) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].''
Pub. L. 101-167, title V, Sec. 599E, Nov. 21, 1989, 103 Stat. 1263,
as amended by Pub. L. 101-513, title V, Sec. 598(b), Nov. 5, 1990, 104
Stat. 2063; Pub. L. 101-649, title VI, Sec. 603(a)(22), Nov. 29, 1990,
104 Stat. 5084; Pub. L. 102-232, title III, Sec. 307(l)(9), Dec. 12,
1991, 105 Stat. 1757; Pub. L. 102-391, title V, Sec. 582(a)(2), (b)(2),
Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102-511, title IX, Sec. 905(b)(2),
Oct. 24, 1992, 106 Stat. 3356; Pub. L. 103-236, title V, Sec. 512(2),
Apr. 30, 1994, 108 Stat. 466; Pub. L. 103-416, title II, Sec. 219(bb),
Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. A, title I,
Sec. 101(c) [title V, Sec. 575(2)], Sept. 30, 1996, 110 Stat. 3009-121,
3009-168; Pub. L. 104-319, title I, Sec. 101(2), Oct. 19, 1996, 110
Stat. 3865; Pub. L. 105-118, title V, Sec. 574(2), Nov. 26, 1997, 111
Stat. 2432; Pub. L. 105-277, div. A, Sec. 101(f) [title VII,
Sec. 705(2)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-
113, div. B, Sec. 1000(a)(4) [title II, Sec. 214(2)], Nov. 29, 1999, 113
Stat. 1535, 1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II,
Sec. 212(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-27; Pub. L. 107-116,
title II, Sec. 213(2), Jan. 10, 2002, 115 Stat. 2200, provided that:
``(a) In General.--The Attorney General shall adjust the status of
an alien described in subsection (b) to that of an alien lawfully
admitted for permanent residence if the alien--
``(1) applies for such adjustment,
``(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on the
date the application for such adjustment is filed,
``(3) is admissible to the United States as an immigrant, except
as provided in subsection (c), and
``(4) pays a fee (determined by the Attorney General) for the
processing of such application.
``(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall only apply to an alien who--
``(1) was a national of an independent state of the former
Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or
Cambodia, and
``(2) was inspected and granted parole into the United States
during the period beginning on August 15, 1988, and ending on
September 30, 2002, after being denied refugee status.
``(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration
and Nationality Act [8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply
to adjustment of status under this section and the Attorney General may
waive any other provision of such section (other than paragraph (2)(C)
or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to
such an adjustment for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest.
``(d) Date of Approval.--Upon the approval of such an application
for adjustment of status, the Attorney General shall create a record of
the alien's admission as a lawful permanent resident as of the date of
the alien's inspection and parole described in subsection (b)(2).
``(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be issued
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].''
[Section 307(l) of Pub. L. 102-232 provided that the amendment made
by that section to section 599E of Pub. L. 101-167, set out above, is
effective as if included in section 603(a) of the Immigration Act of
1990, Pub. L. 101-649.]
Pub. L. 95-145, title I, Secs. 101-107, Oct. 28, 1977, 91 Stat.
1223, as amended by Pub. L. 96-212, title II, Sec. 203(i), Mar. 17,
1980, 94 Stat. 108, provided that status of alien who was native or
citizen of Vietnam, Laos, or Cambodia, and was paroled into United
States as refugee between Mar. 31, 1975, and Jan. 1, 1979, or was
inspected and admitted or paroled into United States on or before Mar.
31, 1975, and was physically present in United States on Mar. 31, 1975,
could be adjusted by Attorney General to that of an alien lawfully
admitted for permanent residence if alien applied for such adjustment
within six years after Oct. 28, 1977, and met certain other eligibility
requirements.
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin
Islands to Permanent Resident Alien Status
Pub. L. 97-271, Sept. 30, 1982, 96 Stat. 1157, as amended by Pub. L.
101-649, title I, Sec. 162(e)(6), Nov. 29, 1990, 104 Stat. 5011,
provided that status of alien who was inspected and admitted to Virgin
Islands of the United States as a nonimmigrant alien worker under
section 1101(a)(15)(H)(ii) of this title, or as spouse or minor child of
such worker, and had resided continuously in Virgin Islands of the
United States since June 30, 1975, could be adjusted by Attorney General
to that of an alien lawfully admitted for permanent residence if alien
applied for such adjustment during one-year period beginning Sept. 30,
1982, and met certain other eligibility requirements.
Development of Eligibility Criteria for Admission of Refugees From
Cambodia
Pub. L. 95-624, Sec. 16, Nov. 9, 1978, 92 Stat. 3465, provided that:
``The Attorney General, in consultation with the Congress, shall develop
special eligibility criteria under the current United States parole
program for Indochina Refugees which would enable a larger number of
refugees from Cambodia to qualify for admission to the United States.''
Cuban Refugees: Adjustment of Status
Section 606 of div. C of Pub. L. 104-208 provided that:
``(a) In General.--Public Law 89-732 [set out below] is repealed
effective only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 [22 U.S.C. 6063(c)] (Public Law 104-114) that a democratically
elected government in Cuba is in power.
``(b) Limitation.--Subsection (a) shall not apply to aliens for whom
an application for adjustment of status is pending on such effective
date.''
Pub. L. 89-732, Nov. 2, 1966, 80 Stat. 1161, as amended by Pub. L.
94-571, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212, title II,
Sec. 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L. 106-386, div. B, title
V, Sec. 1509(a), Oct. 28, 2000, 114 Stat. 1530, provided: ``That,
notwithstanding the provisions of section 245(c) of the Immigration and
Nationality Act [subsec. (c) of this section], the status of any alien
who is a native or citizen of Cuba and who has been inspected and
admitted or paroled into the United States subsequent to January 1, 1959
and has been physically present in the United States for at least one
year, may be adjusted by the Attorney General, in his discretion and
under such regulations as he may prescribe, to that of an alien lawfully
admitted for permanent residence if the alien makes an application for
such adjustment, and the alien is eligible to receive an immigrant visa
and is admissible to the United States for permanent residence. Upon
approval of such an application for adjustment of status, the Attorney
General shall create a record of the alien's admission for permanent
residence as of a date thirty months prior to the filing of such an
application or the date of his last arrival into the United States,
whichever date is later. The provisions of this Act shall be applicable
to the spouse and child of any alien described in this subsection,
regardless of their citizenship and place of birth, who are residing
with such alien in the United States, except that such spouse or child
who has been battered or subjected to extreme cruelty may adjust to
permanent resident status under this Act without demonstrating that he
or she is residing with the Cuban spouse or parent in the United States.
In acting on applications under this section with respect to spouses or
children who have been battered or subjected to extreme cruelty, the
Attorney General shall apply the provisions of section 204(a)(1)(H)
[probably means section 204(a)(1)(H) of the Immigration and Nationality
Act, which is classified to section 1154(a)(1)(H) of this title].
``Sec. 2. In the case of any alien described in section 1 of this
Act who prior to the effective date thereof [Nov. 2, 1966], has been
lawfully admitted into the United States for permanent residence, the
Attorney General shall, upon application, record his admission for
permanent residence as of the date the alien originally arrived in the
United States as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act [Nov. 2, 1966], whichever
date is later.
``Sec. 3. Section 13 of the Act entitled `An Act to amend the
Immigration and Nationality Act, and for other purposes', approved
October 3, 1965 (Public Law 89-236) [amending subsecs. (b) and (c) of
this section] is amended by adding at the end thereof the following new
subsection:
`` `(c) Nothing contained in subsection (b) of this section
[amending subsec. (c) of this section] shall be construed to affect the
validity of any application for adjustment under section 245 [this
section] filed with the Attorney General prior to December 1, 1965,
which would have been valid on that date; but as to all such
applications the statutes or parts of statutes repealed or amended by
this Act [Pub. L. 89-236] are, unless otherwise specifically provided
therein, continued in force and effect.'
``Sec. 4. Except as otherwise specifically provided in this Act, the
definitions contained in section 101(a) and (b) of the Immigration and
Nationality Act [section 1101(a), (b) of this title] shall apply in the
administration of this Act. Nothing contained in this Act shall be held
to repeal, amend, alter, modify, affect, or restrict the powers, duties,
functions, or authority of the Attorney General in the administration
and enforcement of the Immigration and Nationality Act [this chapter] or
any other law relating to immigration, nationality, or naturalization.
``Sec. 5. The approval of an application for adjustment of status to
that of lawful permanent resident of the United States pursuant to the
provisions of section 1 of this Act shall not require the Secretary of
State to reduce the number of visas authorized to be issued in any class
in the case of any alien who is physically present in the United States
on or before the effective date of the Immigration and Nationality Act
Amendments of 1976 [see Effective Date of 1976 Amendment note above].''
[Pub. L. 106-386, div. B, title V, Sec. 1509(b), Oct. 28, 2000, 114
Stat. 1531, provided that: ``The amendment made by subsection (a)
[amending Pub. L. 89-732 set out above] shall be effective as if
included in subtitle G [Sec. 40701 et seq.] of title IV of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108
Stat. 1953 et seq. [see Tables for classification].)'']
[Section 204(b)(1)(C) of Pub. L. 96-212 provided that the amendment
of section 1 of Pub. L. 89-732, set out above, by Pub. L. 96-212 is
effective immediately before Apr. 1, 1980.]
Section Referred to in Other Sections
This section is referred to in sections 1101, 1153, 1154, 1160,
1184, 1227, 1229a, 1229b, 1229c, 1252, 1254a, 1255a, 1256, 1356, 1534 of
this title; title 22 section 7105; title 42 section 3056i.