1994 U.S. Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 11 - NATIONALITY
SUBCHAPTER II_2 - SUBCHAPTER II-IMMIGRATION
Part V - Deportation; Adjustment of Status
Sec. 1258 - Change of nonimmigrant classification
View Metadata§1258. Change of nonimmigrant classification
The Attorney General may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status, except in the case of—
(1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title,
(2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who came to the United States or acquired such classification in order to receive graduate medical education or training,
(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who is subject to the two-year foreign residence requirement of section 1182(e) of this title and has not received a waiver thereof, unless such alien applies to have the alien's classification changed from classification under subparagraph (J) of section 1101(a)(15) of this title to a classification under subparagraph (A) or (G) of such section, and
(4) an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title.
(June 27, 1952, ch. 477, title II, ch. 5, §248, 66 Stat. 218; Sept. 21, 1961, Pub. L. 87–256, §109(d), 75 Stat. 535; Dec. 29, 1981, Pub. L. 97–116, §10, 95 Stat. 1617; Nov. 6, 1986, Pub. L. 99–603, title III, §313(d), 100 Stat. 3439; Sept. 13, 1994, Pub. L. 103–322, title XIII, §130003(b)(3), 108 Stat. 2025.)
Amendments1994—Par. (1). Pub. L. 103–322, which directed the substitution of “(K), or (S)” for “or (K)” in “Section 248(1) of the Immigration and Naturalization Act”, was executed by making the substitution in par. (1) of this section, which is section 248 of the Immigration and Nationality Act, to reflect the probable intent of Congress.
1986—Par. (4). Pub. L. 99–603 added par. (4).
1981—Pub. L. 97–116 permitted certain exchange visitors who are not subject to a requirement of returning to their home countries for two years, or who have had such requirement waived, to adjust to a visitor or diplomat status, prohibited the adjustment of nonimmigrant status by fiancée or fiancé nonimmigrants, and specifically precluded the change of status with respect to doctors who have entered the United States as exchange visitors for graduate medical training, even if they have received a waiver of the two-year foreign residence requirement.
1961—Pub. L. 87–256 inserted references to paragraph (15)(J) of section 1101(a) of this title in two places.
Effective Date of 1981 AmendmentAmendment 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.
Cross ReferencesDefinition of alien, Attorney General, and nonimmigrant alien, see section 1101 of this title.
Section Referred to in Other SectionsThis section is referred to in sections 1184, 1201, 1228, 1251, 1252, 1252b, 1254a of this title.
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