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8 U.S.C. § 1256 — Rescission of adjustment of status; effect upon naturalized citizen
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.
**(b)** Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim) as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
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Source location: Title 8, Chapter 12, § 1256; chapter-012-immigration-and-nationality.md
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**(a)** If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under [section 1229a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1229a&num=0&edition=prelim), and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.
**(b)** Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of [section 1451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1451&num=0&edition=prelim) as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
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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.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Proceeding**
(1) **In general** — An immigration judge shall conduct proceedings for deciding the inadmissibility or deportability of an alien.
(2) **Charges** — An alien placed in proceedings under this section may be charged with any applicable ground of inadmissibility under [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) or any applicable ground of deportability under [section 1227(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1227/a&num=0&edition=prelim).
(3) **Exclusive procedures** — Unless otherwise specified in this chapter, a proceeding under this section shall be the sole and exclusive procedure for determining whether an alien may be admitted to the United States or, if the alien has been so admitted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to [section 1228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1228&num=0&edition=prelim).
**(b) Conduct of proceeding**
(1) **Authority of immigration judge** — The immigration judge shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of witnesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the Attorney General) to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this chapter.
(2) **Form of proceeding**
(A) *In general* — The proceeding may take place—
(i) in person,
(ii) where agreed to by the parties, in the
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Concealment of material evidence; refusal to testify** It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person’s naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence.
**(b) Notice to party** The party to whom was granted the naturaliza
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title.
#### Effective Date of Repeal
Repeal 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 an Effective Date of 1996 Amendments note under [section 1101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limited eligibility for specified Federal programs**
(1) **In general** — Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)) is not eligible for any specified Federal program (as defined in paragraph (3)).
(2) **Exceptions**
(A) *Time-limited exception for refugees and asylees* — With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date—
(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)];
(ii) an alien is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)];
(iii) an alien’s deportation is withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act [[8 U.S.C. 1231(b)(3)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim)] (as amended by section 305(a) of division C of Public Law 104–208);
(iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(v) an alien is admitted to
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Federal law — U.S. Code and appendices · legal_authorities
Page 379
TITLE 8—ALIENS AND NATIONALITY
§ 1257
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.
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.
DEFINITIONS; APPLICABILITY OF SECTION 1101(a) AND (b)
OF THIS TITLE
The definitions in subsecs. (a) and (b) of section 1101
of this title apply to this section, see section 14 of Pub.
L. 85–316, set out as a note under section 1101 of this
title.
§ 1256. Rescission of adjustment of status; effect
upon naturalized citizen
(a) If, at any time within five years after the
status of a person has been otherwise adjusted
under the provisions of section 1255 or 1259 of
this title or any other provision of law to that
of an alien lawfully admitted for permanent res-
idence, it shall appear to the satisfaction of the
Attorney General that the person was not in
fact eligible for such adjustment of status, the
Attorney General shall rescind the action taken
granting an adjustment of status to such person
and cancelling removal in the case of such per-
son if that occurred and the person shall there-
upon be subject to all provisions of this chapter
to the same extent as if the adjustment of status
had not been made. Nothing in this subsection
shall require the Attorney General to rescind
the alien’s status prior to commencement of
procedures to remove the alien under section
1229a of this title, and an order of removal issued
by an immigration judge shall be sufficient to
rescind the alie
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