Adjustment of status of nonimmigrant to that of person admitted for permanent residence
Status as person admitted for permanent residence on application and eligibility for immigrant visa
Record of lawful admission for permanent residence; reduction of preference visas
Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa
Alien admitted for permanent residence on conditional basis; fiancee or fiance of citizen
Restriction on adjustment of status based on marriages entered while in admissibility or deportation proceedings; bona fide marriage exception
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).
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.
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) 2
Limitation on adjustment of status
Special immigrants
Application with respect to special immigrants
In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title—
such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and
in determining the alien’s admissibility as an immigrant—
paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and
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.
Adjustment in status of certain aliens physically present in United States
Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States—
who—
entered the United States without inspection; or
is within one of the classes enumerated in subsection (c) of this section;
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—
a petition for classification under section 1154 of this title that was filed with the Attorney General on or before
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
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
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—
as of
entered the United States before
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.
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—
the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
an immigrant visa is immediately available to the alien at the time the application is filed.
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.
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
Adjustment to permanent resident status
If, in the opinion of the Attorney General—
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
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.
If, in the sole discretion of the Attorney General—
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
the provision of such information has substantially contributed to—
the prevention or frustration of an act of terrorism against a United States person or United States property, or
the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and
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.
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.
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) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if—
the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission;
the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days—
failed to maintain, continuously, a lawful status;
engaged in unauthorized employment; or
otherwise violated the terms and conditions of the alien’s admission.
Adjustment of status for victims of trafficking
If, in the opinion of the Secretary of Homeland Security, or in the case of subparagraph (C)(i), in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate 3
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, or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less;
subject to paragraph (6), has, throughout such period, been a person of good moral character; and
has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
the alien 4
was younger than 18 years of age at the time of the victimization qualifying the alien for relief under section 1101(a)(15)(T) of this title.5
the Secretary of Homeland Security may adjust the status of the alien (and any person admitted under section 1101(a)(15)(T)(ii) of this title as the spouse, parent, sibling, or child of the alien) to that of an alien lawfully admitted for permanent residence.
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 Secretary of Homeland Security considers it to be in the national interest to do so, the Secretary of Homeland Security, in the Attorney General’s 6
paragraphs (1) and (4) of section 1182(a) of this title; and
any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)),7
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 was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or
an official involved in the investigation or prosecution certifies that the absence was otherwise justified.
The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000.
The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or parents of such aliens.
Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the alien’s lawful admission for permanent residence as of the date of such approval.
For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from good moral character with respect to an alien if the disqualification was caused by, or incident to, the trafficking described in section 1101(a)(15)(T)(i)(I) of this title.
The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for relief through final adjudication of the adjustment of status for a VAWA self-petitioner and for relief under sections 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2), and 1254a(a)(3) of this title (as in effect on
Adjustment of status for victims of crimes against women
The Secretary of Homeland Security 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 Secretary determines based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal investigation or prosecution, if—
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
in the opinion of the Secretary of Homeland Security, 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.
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.
Upon approval of adjustment of status under paragraph (1) of an alien described in section 1101(a)(15)(U)(i) of this title the Secretary of Homeland Security 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 Secretary considers the grant of such status or visa necessary to avoid extreme hardship.
Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security shall record the alien’s lawful admission for permanent residence as of the date of such approval.
The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title.
Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title.
Source
(June 27, 1952, ch. 477, title II, ch. 5, § 245, 66 Stat. 217; Pub. L. 85–700, § 1,Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Effective Date of 2000 Amendments
Effective Date of 1996 Amendments
Effective Date of 1994 Amendments
Effective Date of 1991 Amendments
Effective Date of 1990 Amendment
Effective Date of 1988 Amendment
Effective Date of 1986 Amendments
Effective Date of 1981 Amendment
Effective Date of 1976 Amendment
Effective Date of 1965 Amendment
Abolition of Immigration and Naturalization Service and Transfer of Functions
Liberian Refugee Immigration Fairness
Definitions.—
In this section:
In general.—
Except as otherwise specifically provided, any term used in this Act [probably should be “this section”] that is used in the immigration laws shall have the meaning given the term in the immigration laws.
Immigration laws.—
The term ‘immigration laws’ has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
Secretary.—
The term ‘Secretary’ means the Secretary of Homeland Security.
Adjustment of Status.—
In general.—
Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien—
applies for adjustment not later than 1 year after the date of the enactment of this Act [
is otherwise eligible to receive an immigrant visa; and
subject to paragraph (2), is admissible to the United States for permanent residence.
Applicability of grounds of inadmissibility.—
In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not apply.
Exceptions.—
An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien—
has been convicted of any aggravated felony;
has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or
has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
Relationship of application to certain orders.—
In general.—
An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order, submit an application for adjustment of status under this subsection if the alien is otherwise eligible for adjustment of status under paragraph (1).
Separate motion not required.—
An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A).
Effect of decision by secretary.—
Grant.—
If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject.
Denial.—
If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made.
Aliens Eligible for Adjustment of Status.—
In general.—
The benefits provided under subsection (b) shall apply to any alien who—
is a national of Liberia; and
has been continuously present in the United States during the period beginning on
is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A).
Determination of continuous physical presence.—
For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the United States for one or more periods amounting, in the aggregate, of not more than 180 days.
Stay of Removal.—
In general.—
The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b).
During certain proceedings.—
In general.—
Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not order an 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 submitted an application for adjustment of status under subsection (b).
Exception.—
The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien.
Work authorization.—
In general.—
The Secretary may—
authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and
provide such alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment.
Pending applications.—
If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien.
Record of Permanent Residence.—
On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States.
Availability of Administrative Review.—
The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to—
applicants for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and
aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a).
Limitation on Judicial Review.—
In general.—
A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court.
Rule of construction.—
Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5, United States Code, with respect to a denial of adjustment of status under this section.
No Offset in Number of Visas Available.—
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.) to offset the adjustment of status of an alien who has been lawfully admitted for permanent residence pursuant to this section.
Application of Immigration and Nationality Act Provisions.—
Savings provision.—
Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or naturalization.
Effect of eligibility for adjustment of status.—
The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.”
Adjustment of Status for Certain Haitian Orphans
SHORT TITLE.
“This Act may be cited as—
the ‘Help Haitian Adoptees Immediately to Integrate Act of 2010’; or
the ‘Help HAITI Act of 2010’.
ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.
In General.—
The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien—
was inspected and granted parole into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced by the Secretary of Homeland Security on
is physically present in the United States;
is admissible to the United States as an immigrant, except as provided in subsection (c); and
files an application for an adjustment of status under this section not later than 3 years after the date of the enactment of this Act [
Numerical Limitation.—
The number of aliens who are granted the status of an alien lawfully admitted for permanent residence under this section shall not exceed 1400.
Grounds of Inadmissibility.—
Section 212(a)(7)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(A)) shall not apply to an alien seeking an adjustment of status under this section.
Visa Availability.—
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.) for any alien granted the status of having been lawfully admitted for permanent residence under this section.
Aliens Deemed To Meet Definition of Child.—
An unmarried alien described in subsection (a) who is under the age of 18 years shall be deemed to satisfy the requirements applicable to adopted children under section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if—
the alien obtained adjustment of status under this section; and
a citizen of the United States adopted the alien prior to, on, or after the date of the decision granting such adjustment of status.
No Immigration Benefits for Birth Parents.—
No birth parent of an alien who obtains adjustment of status under this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this section or the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
COMPLIANCE WITH PAYGO.
Permitting Motion to Reopen
Adjustment of Status of Certain Jewish Syrian Nationals
Adjustment of Status of Certain Haitian Nationals
Adjustment of Status.—
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—
applies for such adjustment before
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.
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—
the provisions of section 241(a)(5) of the Immigration and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
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).
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.
Aliens Eligible for Adjustment of Status.—
The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who—
was present in the United States on
filed for asylum before
was paroled into the United States prior to
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
arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival,
became orphaned subsequent to arrival in the United States, or
was abandoned by parents or guardians prior to
has been physically present in the United States for a continuous period beginning not later than
Stay of Removal.—
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).
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.
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.
Adjustment of Status for Spouses and Children.—
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—
the alien is a national of Haiti;
the alien is the spouse, child, or unmarried son or daughter of an alien who is or was eligible for classification 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
at the time of filing of the application for adjustment under subsection (a), the alien is the spouse or child of an alien who is or was eligible for classification 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
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)(J) [8 U.S.C. 1154(a)(1)(J)].
the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and
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.
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.
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—
applicants for adjustment of status under section 245 of the Immigration and Nationality Act [8 U.S.C. 1255]; or
aliens subject to removal proceedings under section 240 of such Act [8 U.S.C. 1229a].
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.
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.].
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.
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 [
Period of Applicability.—
Subsection (i) shall not apply after
Adjustment of Status of Certain Nicaraguans and Cubans
Adjustment of Status.—
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—
applies for such adjustment before
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.
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—
the provisions of section 241(a)(5) of the Immigration and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
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).
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.
Aliens Eligible for Adjustment of Status.—
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
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
shall demonstrate that the alien, prior to
applied to the Attorney General for asylum;
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
was placed in exclusion proceedings under section 236 of such Act [8 U.S.C. 1226] (as so in effect);
applied for adjustment of status under section 245 of such Act [8 U.S.C. 1255];
applied to the Attorney General for employment authorization;
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
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
shall make such other demonstration of physical presence as the Attorney General may provide for by regulation.
Stay of Removal; Work Authorization.—
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).
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.
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.
Adjustment of Status for Spouses and Children.—
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—
the alien is a national of Nicaragua or Cuba;
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
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, or was eligible for adjustment, 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);
the alien applies for such adjustment and is physically present in the United States on the date the application is filed;
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
applies for such adjustment before
Proof of continuous presence.—
For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien—
shall demonstrate that such period commenced not later than
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.
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)(J) [8 U.S.C. 1154(a)(1)(J)].
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—
applicants for adjustment of status under section 245 of the Immigration and Nationality Act [8 U.S.C. 1255]; or
aliens subject to removal proceedings under section 240 of such Act [8 U.S.C. 1229a].
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.
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.].
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
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—
applies for such adjustment;
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;
is admissible to the United States as an immigrant, except as provided in subsection (c); and
pays a fee (determined by the Attorney General) for the processing of such application.
Aliens Eligible for Adjustment of Status.—
The benefits provided in subsection (a) shall only apply to an alien who—
was a national of Poland or Hungary; and
was inspected and granted parole into the United States during the period beginning on
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.
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).
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
Adjustment of Status of Certain Nationals of People’s Republic of China
SHORT TITLE.
ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE’S REPUBLIC OF CHINA.
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:
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)].
The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed.
In determining the alien’s admissibility as an immigrant, and the alien’s eligibility for an immigrant visa—
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
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.
The numerical level of section 202(a)(2) of such Act [8 U.S.C. 1152(a)(2)] shall not apply.
Section 245(c) of such Act [8 U.S.C. 1255(c)] shall not apply.
Aliens Covered.—
For purposes of this section, an alien described in this subsection is an alien who—
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
has resided continuously in the United States since
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 [
Condition; Dissemination of Information.—
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.
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.
Offset in Per Country Numerical Level.—
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.
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—
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
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.
Applicable fiscal year.—
In general.—
In this subsection, the term ‘applicable fiscal year’ means each fiscal year during the period—
beginning with the fiscal year in which the application period begins; and
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).
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.
Application Period Defined.—
In this section, the term ‘application period’ means the 12-month period beginning
Adjustment of Status for Certain H–1 Nonimmigrant Nurses
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—
who, as of
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 [
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.
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
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.
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).”
Adjustment of Status for Certain Soviet and Indochinese Parolees
The status of certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of this section may be adjusted by the Secretary of Homeland Security, under such regulations as the Secretary of Homeland Security may prescribe, to that of an alien lawfully admitted permanent residence if—
the alien makes an application for such adjustment and pays the appropriate fee;
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
the alien had been physically present in the United States prior to
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
was paroled into the United States from Vietnam under the auspices of the Orderly Departure Program; or
was paroled into the United States from a refugee camp in East Asia; or
was paroled into the United States from a displaced person camp administered by the United Nations High Commissioner for Refugees in Thailand.
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 [sic] any other provision of law, the Secretary of Homeland Security may waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(a)(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 Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation.
Date of Approval.—
Upon the approval of such an application for adjustment of status, the Secretary of Homeland Security 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).
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.].
Adjudication of Applications.—
The Secretary of Homeland Security shall—
adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications that previously existed in law or regulation; and
not charge a fee in addition to any fee that previously was submitted with such application.”
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—
applies for such adjustment,
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,
is admissible to the United States as an immigrant, except as provided in subsection (c), and
pays a fee (determined by the Attorney General) for the processing of such application.
Aliens Eligible for Adjustment of Status.—
The benefits provided in subsection (a) shall only apply to an alien who—
was a national of an independent state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and
was inspected and granted parole into the United States during the period beginning on
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.
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).
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.].”
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status
Development of Eligibility Criteria for Admission of Refugees From Cambodia
Cuban Refugees: Adjustment of Status
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.
Limitation.—
Subsection (a) shall not apply to aliens for whom an application for adjustment of status is pending on such effective date.”
In the case of any alien described in section 1 of this Act who prior to the effective date thereof [
Section 13 of the Act entitled ‘An Act to amend the Immigration and Nationality Act, and for other purposes’, approved
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.
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].”