1999 US Code
Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part V - Adjustment and Change of Status
Sec. 1258 - Change of nonimmigrant classification

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§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 and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), 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; Pub. L. 87–256, §109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97–116, §10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title III, §313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103–322, title XIII, §130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104–208, div. C, title III, §301(b)(2), title VI, §671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578, 3009–721.)

Amendments

1996—Pub. L. 104–208, §301(b)(2), in introductory provisions, inserted “and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title)” after “maintain that status”.

Par. (1). Pub. L. 104–208, §671(a)(2), made technical amendment to directory language of Pub. L. 103–322, §130003(b)(3). See 1994 Amendment note below.

1994—Par. (1). Pub. L. 103–322, §130003(b)(3), as amended by Pub. L. 104–208, §671(a)(2), substituted “(K), or (S)” for “or (K)”.

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 1996 Amendment

Amendment by section 301(b)(2) 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.

Amendment by section 671(a)(2) 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.

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.

Cross References

Definition of alien, Attorney General, and nonimmigrant alien, see section 1101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1184, 1201, 1223, 1227, 1229a, 1229c, 1231, 1254a of this title.