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8 U.S.C. § 1255b — Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law—
**(a) Application** Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/A/i&num=0&edition=prelim), (ii), (G)(i), (ii)], who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
**(b) Record of admission** If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.], and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
**(c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota** A complete and detailed
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Source location: Title 8, Chapter 12, § 1255b; chapter-012-immigration-and-nationality.md
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Notwithstanding any other provision of law—
**(a) Application** Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(A)(i)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/A/i&num=0&edition=prelim), (ii), (G)(i), (ii)], who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
**(b) Record of admission** If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.], and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
**(c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota** A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act [[8 U.S.C. 1152](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim)] for the fiscal year then current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.
**(d) Limitations** The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Per country level**
(1) **Nondiscrimination**
(A) Except as specifically provided in paragraph (2) and in sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.
(B) Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) **Per country levels for family-sponsored and employment-based immigrants** — Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of [section 1153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153&num=0&edition=prelim) in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) **Exception if additional visas available** — If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of [section 1153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153&num=0&edition=prelim) for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during
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Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 8—ALIENS AND NATIONALITY
§ 1101
Sec.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.
PART IV—MISCELLANEOUS
1501.
Certificate of diplomatic or consular officer
of United States as to loss of American na-
tionality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.
Office of Refugee Resettlement; establish-
ment; appointment of Director; functions.
1522.
Authorization for programs for domestic re-
settlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
Definitions.
1532.
Establishment of removal court.
1533.
Removal court procedure.
1534.
Removal hearing.
1535.
Appeals.
1536.
Custody and release pending removal hearing.
1537.
Custody and release after removal hearing.
SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
Page 88
TITLE 8—ALIENS AND NATIONALITY
§ 1152
of Pub. L. 94–571, set out as an Effective Date of 1976
Amendment note under section 1101 of this title.
§ 1152. Numerical limitations on individual for-
eign states
(a) Per country level
(1) Nondiscrimination
(A) Except as specifically provided in para-
graph
(2)
and
in
sections
1101(a)(27),
1151(b)(2)(A)(i), and 1153 of this title, no person
shall receive any preference or priority or be
discriminated against in the issuance of an
immigrant visa because of the person’s race,
sex, nationality, place of birth, or place of res-
idence.
(B) Nothing in this paragraph shall be con-
strued to limit the authority of the Secretary
of State to determine the procedures for the
processing of immigrant visa applications or
the locations where such applications will be
processed.
(2) Per country levels for family-sponsored and
employment-based immigrants
Subject to paragraphs (3), (4), and (5), the
total number of immigrant visas made avail-
able to natives of any single foreign state or
dependent area under subsections (a) and (b) of
section 1153 of this title in any fiscal year may
not exceed 7 percent (in the case of a single
foreign state) or 2 percent (in the case of a de-
pendent area) of the total number of such
visas made available under such subsections in
that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2)
with respect to one or more foreign states or
dependent areas, the total number of visas
available under both subsections (a) and (b) of
section 1153 of this title for a calendar quarter
exceeds the number of qualified immigrants
who otherwise may be issued such a visa, para-
graph (2) shall not apply to visas made avail-
able to s
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1152
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Federal law — U.S. Code and appendices · legal_authorities
Page 378
TITLE 8—ALIENS AND NATIONALITY
§ 1255b
Stat. 2612; Pub. L. 101–166, title II, Nov. 21, 1989, 103
Stat. 1174; Pub. L. 101–238, § 6(a), Dec. 18, 1989, 103 Stat.
2104; Pub. L. 101–517, title II, Nov. 5, 1990, 104 Stat. 2206;
Pub. L. 102–170, title II, Nov. 26, 1991, 105 Stat. 1124; Pub.
L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1808; Pub. L.
103–333, title II, Sept. 30, 1994, 108 Stat. 2558; Pub. L.
103–416, title II, § 219(cc), Oct. 25, 1994, 108 Stat. 4319;
Pub. L. 104–208, div. C, title VI, § 671(b)(9), (d)(2), Sept.
30, 1996, 110 Stat. 3009–722, 3009–723, related to State le-
galization impact-assistance grants and appropriation
of funds, prior to repeal by Pub. L. 105–220, title I,
§ 199(a)(1), Aug. 7, 1998, 112 Stat. 1058.
APPLICATION OF CERTAIN STATE ASSISTANCE
PROVISIONS
Pub. L. 99–603, title III, § 303(c), Nov. 6, 1986, 100 Stat.
3431, defined ‘‘eligible legalized alien’’ relative to State
legalization assistance, prior to repeal by Pub. L.
100–525, § 2(n)(3), Oct. 24, 1988, 102 Stat. 2613.
REPORTS ON LEGALIZATION PROGRAM
Pub. L. 99–603, title IV, § 404, Nov. 6, 1986, 100 Stat.
3442, provided that the President would transmit to
Congress two reports on the legalization program es-
tablished under this section, one describing legalized
aliens and the second on the impact on State and local
government, employment, and social welfare and med-
ical needs.
§ 1255b. Adjustment of status of certain non-
immigrants to that of persons admitted for
permanent residence
Notwithstanding any other provision of law—
(a) Application
Any alien admitted to the United States as a
nonimmigrant under the provisions of either
section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or
(ii) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1255b
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