2017 US Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter II - Immigration
Part V - Adjustment and Change of Status
Sec. 1257 - Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

Download PDF
Citation 8 U.S.C. § 1257 (2017)
Section Name §1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions
Section Text

(a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admission or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of the date of the Attorney General's order making such adjustment of status, the Attorney General shall cancel the record of the alien's admission for permanent residence, and the immigrant status of such alien shall thereby be terminated.

(b) The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101(a) of this title.

Source Credit

(June 27, 1952, ch. 477, title II, ch. 5, §247, 66 Stat. 218; Pub. L. 104–208, div. C, title III, §308(f)(1)(P), Sept. 30, 1996, 110 Stat. 3009–621.)

Editorial Notes AMENDMENTS

1996—Subsec. (a). Pub. L. 104–208 substituted "time of admission" for "time of entry".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by 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.

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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 8 - ALIENS AND NATIONALITY
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 8 - ALIENS AND NATIONALITY
CHAPTER 12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER II - IMMIGRATION
Part V - Adjustment and Change of Status
Sec. 1257 - Adjustment of status of certain resident aliens to nonimmigrant status; exceptions
Contains section 1257
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 66 Stat. 218
110 Stat. 3009-621
Public Law References Public Law 104-208
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.