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8 U.S.C. § 1255a — Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence

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8 U.S.C. § 1255a — Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence

**(a) Temporary resident status** The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements: (1) **Timely application** (A) *During application period* — Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986) designated by the Attorney General. (B) *Application within 30 days of show-cause order* — An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1252&num=0&edition=prelim) (as in effect before October 1, 1996), must make application under this section not later than the end of the 30-day period beginning either on the first day of such 12-month period or on the date of the issuance of such order, whichever day is later. (C) *Information included in application* — Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under [section 1154(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a&num=0&edition=prelim). (2) **Continuous unlawful residence since 1982** (A) *In general* — The alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date an

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Source location: Title 8, Chapter 12, § 1255a; chapter-012-immigration-and-nationality.md

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**(a) Temporary resident status** The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements: (1) **Timely application** (A) *During application period* — Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986) designated by the Attorney General. (B) *Application within 30 days of show-cause order* — An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under [section 1252 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1252&num=0&edition=prelim) (as in effect before October 1, 1996), must make application under this section not later than the end of the 30-day period beginning either on the first day of such 12-month period or on the date of the issuance of such order, whichever day is later. (C) *Information included in application* — Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under [section 1154(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154/a&num=0&edition=prelim). (2) **Continuous unlawful residence since 1982** (A) *In general* — The alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date and through the date the application is filed under this subsection. (B) *Nonimmigrants* — In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982, the alien must establish that the alien’s period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien’s unlawful status was known to the Government as of such date. (C) *Exchange visitors* — If the alien was at any time a nonimmigrant exchange alien (as defined in [section 1101(a)(15)(J) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/J&num=0&edition=prelim)), the alien must establish that the alien was not subject to the two-year foreign residence requirement of [section 1182(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/e&num=0&edition=prelim) or has fulfilled that requirement or received a waiver thereof. (3) **Continuous physical presence since November 6, 1986** (A) *In general* — The alien must establish that the alien has been continuously physically present in the United States since November 6, 1986. (B) *Treatment of brief, casual, and innocent absences* — An alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States. (C) *Admissions* — Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection. (4) **Admissible as immigrant** — The alien must establish that he— (A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), (B) has not been convicted of any felony or of three or more misdemeanors committed in the United States, (C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and (D) is registered or registering under the Military Selective Service Act [[50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.], if the alien is required to be so registered under that Act. For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96–422 [[8 U.S.C. 1522](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1522&num=0&edition=prelim) note] shall be considered to have entered the United States and to be in an unlawful status in the United States. **(b) Subsequent adjustment to permanent residence and nature of temporary resident status** (1) **Adjustment to permanent residence** — The Attorney General shall adjust the status of any alien provided lawful temporary resident status under subsection (a) to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements: (A) *Timely application after one year’s residence* — The alien must apply for such adjustment during the 2-year period beginning with the nineteenth month that begins after the date the alien was granted such temporary resident status. (B) *Continuous residence* (i) *In general* — The alien must establish that he has continuously resided in the United States since the date the alien was granted such temporary resident status. (ii) *Treatment of certain absences* — An alien shall not be considered to have lost the continuous residence referred to in clause (i) by reason of an absence from the United States permitted under paragraph (3)(A). (C) *Admissible as immigrant* — The alien must establish that he— (i) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), and (ii) has not been convicted of any felony or three or more misdemeanors committed in the United States. (D) *Basic citizenship skills* (i) *In general* — The alien must demonstrate that he either— (I) meets the requirements of [section 1423(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423/a&num=0&edition=prelim) (relating to minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States), or (II) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and such a knowledge and understanding of the history and government of the United States. (ii) *Exception for elderly or developmentally disabled individuals* — The Attorney General may, in his discretion, waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older or who is developmentally disabled. (iii) *Relation to naturalization examination* — In accordance with regulations of the Attorney General, an alien who has demonstrated under clause (i)(I) that the alien meets the requirements of [section 1423(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1423/a&num=0&edition=prelim) may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under subchapter III. (2) **Termination of temporary residence** — The Attorney General shall provide for termination of temporary resident status granted an alien under subsection (a)— (A) if it appears to the Attorney General that the alien was in fact not eligible for such status; (B) if the alien commits an act that (i) makes the alien inadmissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2), or (ii) is convicted of any felony or three or more misdemeanors committed in the United States; or (C) at the end of the 43rd month beginning after the date the alien is granted such status, unless the alien has filed an application for adjustment of such status pursuant to paragraph (1) and such application has not been denied. (3) **Authorized travel and employment during temporary residence** — During the period an alien is in lawful temporary resident status granted under subsection (a)— (A) *Authorization of travel abroad* — The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need. (B) *Authorization of employment* — The Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an “employment authorized” endorsement or other appropriate work permit. **(c) Applications for adjustment of status** (1) **To whom may be made** — The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed— (A) with the Attorney General, or (B) with a qualified designated entity, but only if the applicant consents to the forwarding of the application to the Attorney General. As used in this section, the term “qualified designated entity” means an organization or person designated under paragraph (2). (2) **Designation of qualified entities to receive applications** — For purposes of assisting in the program of legalization provided under this section, the Attorney General— (A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations, and (B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under section 1159 or 1255 of this title, Public Law 89–732 [[8 U.S.C. 1255](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim) note], or Public Law 95–145 [[8 U.S.C. 1255](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim) note]. (3) **Treatment of applications by designated entities** — Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General. (4) **Limitation on access to information** — Files and records of qualified designated entities relating to an alien’s seeking assistance or information with respect to filing an application under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien. (5) **Confidentiality of information** (A) *In general* — Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may— (i) use the information furnished by the applicant pursuant to an application filed under this section for any purpose other than to make a determination on the application, for enforcement of paragraph (6), or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986; (ii) make any publication whereby the information furnished by any particular applicant can be identified; or (iii) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications. (B) *Required disclosures* — The Attorney General shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) *Authorized disclosures* — The Attorney General may provide, in the Attorney General’s discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim). (D) *Construction* (i) *In general* — Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source. (ii) *Criminal convictions* — Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes. (E) *Crime* — Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000. (6) **Penalties for false statements in applications** — Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18 or imprisoned not more than five years, or both. (7) **Application fees** (A) *Fee schedule* — The Attorney General shall provide for a schedule of fees to be charged for the filing of applications for adjustment under subsection (a) or (b)(1). The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) after the end of the first year of the 2-year period described in subsection (b)(1)(A). (B) *Use of fees* — The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section. (C) *Immigration-related unfair employment practices* — Not to exceed $3,000,000 of the unobligated balances remaining in the account established in subparagraph (B) shall be available in fiscal year 1992 and each fiscal year thereafter for grants, contracts, and cooperative agreements to community-based organizations for outreach programs, to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices: Provided, That such amounts shall be in addition to any funds appropriated to the Office of Special Counsel for such purposes: Provided further, That none of the funds made available by this section shall be used by the Office of Special Counsel to establish regional offices. **(d) Waiver of numerical limitations and certain grounds for exclusion** (1) **Numerical limitations do not apply** — The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section. (2) **Waiver of grounds for exclusion** — In the determination of an alien’s admissibility under subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B)— (A) *Grounds of exclusion not applicable* — The provisions of paragraphs (5) and (7)(A) of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) shall not apply. (B) *Waiver of other grounds* (i) *In general* — Except as provided in clause (ii), the Attorney General may waive any other provision of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (ii) *Grounds that may not be waived* — The following provisions of [section 1182(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a&num=0&edition=prelim) may not be waived by the Attorney General under clause (i): (I) Paragraphs (2)(A) and (2)(B) (relating to criminals). (II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana. (III) Paragraph (3) (relating to security and related grounds). (IV) Paragraph (4) (relating to aliens likely to become public charges) insofar as it relates to an application for adjustment to permanent residence. Subclause (IV) (prohibiting the waiver of [section 1182(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/4&num=0&edition=prelim)) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act [[42 U.S.C. 1382c(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/1&num=0&edition=prelim)]). (iii) *Special rule for determination of public charge* — An alien is not ineligible for adjustment of status under this section due to being inadmissible under [section 1182(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/4&num=0&edition=prelim) if the alien demonstrates a history of employment in the United States evidencing self-support without receipt of public cash assistance. (C) *Medical examination* — The alien shall be required, at the alien’s expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice. **(e) Temporary stay of deportation and work authorization for certain applicants** (1) **Before application period** — The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1)(A) and who can establish a prima facie case of eligibility to have his status adjusted under subsection (a) (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien— (A) may not be deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit. (2) **During application period** — The Attorney General shall provide that in the case of an alien who presents a prima facie application for adjustment of status under subsection (a) during the application period, and until a final determination on the application has been made in accordance with this section, the alien— (A) may not be deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized” endorsement or other appropriate work permit. **(f) Administrative and judicial review** (1) **Administrative and judicial review** — There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection. (2) **No review for late filings** — No denial of adjustment of status under this section based on a late filing of an application for such adjustment may be reviewed by a court of the United States or of any State or reviewed in any administrative proceeding of the United States Government. (3) **Administrative review** (A) *Single level of administrative appellate review* — The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of a determination described in paragraph (1). (B) *Standard for review* — Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination. (4) **Judicial review** (A) *Limitation to review of deportation* — There shall be judicial review of such a denial only in the judicial review of an order of deportation under [section 1105a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1105a&num=0&edition=prelim) (as in effect before October 1, 1996). (B) *Standard for judicial review* — Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole. (C) *Jurisdiction of courts* — Notwithstanding any other provision of law, no court shall have jurisdiction of any cause of action or claim by or on behalf of any person asserting an interest under this section unless such person in fact filed an application under this section within the period specified by subsection (a)(1), or attempted to file a complete application and application fee with an authorized legalization officer of the Service but had the application and fee refused by that officer. **(g) Implementation of section** (1) **Regulations** — The Attorney General, after consultation with the Committees on the Judiciary of the House of Representatives and of the Senate, shall prescribe— (A) regulations establishing a definition of the term “resided continuously”, as used in this section, and the evidence needed to establish that an alien has resided continuously in the United States for purposes of this section, and (B) such other regulations as may be necessary to carry out this section. (2) **Considerations** — In prescribing regulations described in paragraph (1)(A)— (A) *Periods of continuous residence* — The Attorney General shall specify individual periods, and aggregate periods, of absence from the United States which will be considered to break a period of continuous residence in the United States and shall take into account absences due merely to brief and casual trips abroad. (B) *Absences caused by deportation or advanced parole* — The Attorney General shall provide that— (i) an alien shall not be considered to have resided continuously in the United States, if, during any period for which continuous residence is required, the alien was outside the United States as a result of a departure under an order of deportation, and (ii) any period of time during which an alien is outside the United States pursuant to the advance parole procedures of the Service shall not be considered as part of the period of time during which an alien is outside the United States for purposes of this section. (C) *Waivers of certain absences* — The Attorney General may provide for a waiver, in the discretion of the Attorney General, of the periods specified under subparagraph (A) in the case of an absence from the United States due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien. (D) *Use of certain documentation* — The Attorney General shall require that— (i) continuous residence and physical presence in the United States must be established through documents, together with independent corroboration of the information contained in such documents, and (ii) the documents provided under clause (i) be employment-related if employment-related documents with respect to the alien are available to the applicant. (3) **Interim final regulations** — Regulations prescribed under this section may be prescribed to take effect on an interim final basis if the Attorney General determines that this is necessary in order to implement this section in a timely manner. **(h) Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance** (1) **In general** — During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a), and notwithstanding any other provision of law— (A) except as provided in paragraphs (2) and (3), the alien is not eligible for— (i) any program of financial assistance furnished under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identified by the Attorney General in consultation with other appropriate heads of the various departments and agencies of Government (but in any event including the State program of assistance under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.]), (ii) medical assistance under a State plan approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.], and (iii) assistance under the Food and Nutrition Act of 2008 [[7 U.S.C. 2011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2011&num=0&edition=prelim) et seq.]; and (B) a State or political subdivision therein may, to the extent consistent with subparagraph (A) and paragraphs (2) and (3), provide that the alien is not eligible for the programs of financial assistance or for medical assistance described in subparagraph (A)(ii) furnished under the law of that State or political subdivision. Unless otherwise specifically provided by this section or other law, an alien in temporary lawful residence status granted under subsection (a) shall not be considered (for purposes of any law of a State or political subdivision providing for a program of financial assistance) to be permanently residing in the United States under color of law. (2) **Exceptions** — Paragraph (1) shall not apply— (A) to a Cuban and Haitian entrant (as defined in paragraph (1) or (2)(A) of section 501(e) of Public Law 96–422 [[8 U.S.C. 1255](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim) note], as in effect on April 1, 1983), or (B) in the case of assistance (other than assistance under a State program funded under part A of title IV of the Social Security Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.]) which is furnished to an alien who is an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act [[42 U.S.C. 1382c(a)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1382c/a/1&num=0&edition=prelim)]). (3) **Restricted medicaid benefits** (A) *Clarification of entitlement* — Subject to the restrictions under subparagraph (B), for the purpose of providing aliens with eligibility to receive medical assistance— (i) paragraph (1) shall not apply, (ii) aliens who would be eligible for medical assistance but for the provisions of paragraph (1) shall be deemed, for purposes of title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.], to be so eligible, and (iii) aliens lawfully admitted for temporary residence under this section, such status not having changed, shall be considered to be permanently residing in the United States under color of law. (B) *Restriction of benefits* (i) *Limitation to emergency services and services for pregnant women* — Notwithstanding any provision of title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] (including subparagraphs (B) and (C) of section 1902(a)(10) of such Act [[42 U.S.C. 1396a(a)(10)(B)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/B&num=0&edition=prelim), (C)]), aliens who, but for subparagraph (A), would be ineligible for medical assistance under paragraph (1), are only eligible for such assistance with respect to— (I) emergency services (as defined for purposes of section 1916(a)(2)(D) of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim)o(a)(2)(D)]), and (II) services described in section 1916(a)(2)(B) of such Act (relating to service for pregnant women). (ii) *No restriction for exempt aliens and children* — The restrictions of clause (i) shall not apply to aliens who are described in paragraph (2) or who are under 18 years of age. (C) *Definition of medical assistance* — In this paragraph, the term “medical assistance” refers to medical assistance under a State plan approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]. (4) **Treatment of certain programs** — Assistance furnished under any of the following provisions of law shall not be construed to be financial assistance described in paragraph (1)(A)(i): (A) The Richard B. Russell National School Lunch Act [[42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.]. (B) The Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.]. (C) The The 11 So in original. Carl D. Perkins Career and Technical Education Act of 2006 [[20 U.S.C. 2301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2301&num=0&edition=prelim) et seq.]. (D) Title I of the Elementary and Secondary Education Act of 1965 [[20 U.S.C. 6301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6301&num=0&edition=prelim) et seq.]. (E) The Headstart-Follow Through Act [[42 U.S.C. 2921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2921&num=0&edition=prelim) et seq.]. (F) Title I of the Workforce Innovation and Opportunity Act [[29 U.S.C. 3111](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3111&num=0&edition=prelim) et seq.]. (G) Title IV of the Higher Education Act of 1965 [[20 U.S.C. 1070](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1070&num=0&edition=prelim) et seq.]. (H) The Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.]. (I) Titles V, XVI, and XX [[42 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section701&num=0&edition=prelim) et seq., 1381 et seq., 1397 et seq.], and parts B, D, and E of title IV [[42 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section620&num=0&edition=prelim) et seq., 651 et seq., 670 et seq.], of the Social Security Act (and titles I, X, XIV, and XVI of such Act [[42 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section301&num=0&edition=prelim) et seq., 1201 et seq., 1351 et seq., 1381 et seq.] as in effect without regard to the amendment made by section 301 of the Social Security Amendments of 1972). (5) **Adjustment not affecting Fascell-Stone benefits** — For the purpose of section 501 of the Refugee Education Assistance Act of 1980 (Public Law 96–122) 22 So in original. Probably should be “(Public Law 96–422)”. [[8 U.S.C. 1255](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim) note], assistance shall be continued under such section with respect to an alien without regard to the alien’s adjustment of status under this section. **(i) Dissemination of information on legalization program** Beginning not later than the date designated by the Attorney General under subsection (a)(1)(A), the Attorney General, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits which aliens may receive under this section and the requirements to obtain such benefits.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 701 — Authorization of appropriations; purposes; definitions

**(a)** To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives established by the Secretary under the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.] for the year 2000, there are authorized to be appropriated $850,000,000 for fiscal year 2001 and each fiscal year thereafter— (1) for the purpose of enabling each State— (A) to provide and to assure mothers and children (in particular those with low income or with limited availability of health services) access to quality maternal and child health services; (B) to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children, to reduce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health assessments and follow-up diagnostic and treatment services, and otherwise to promote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of children by providing preventive and primary care services for low income children; (C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI, to the extent medical assistance for such services is not provided under subchapter XIX; and (D) to provide and to promote family-centered, community-based, coordinated care (including care coordination services, as defined in subsection (b)(3)) for chi

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20 U.S.C. § 6301 — Agreements and records

**(a) Agreements** In any case in which a negotiated rulemaking process is established under [section 6571(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571/b&num=0&edition=prelim), all published proposed regulations shall conform to agreements that result from the rulemaking described in [section 6571 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6571&num=0&edition=prelim) unless the Secretary reopens the negotiated rulemaking process. **(b) Records** The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained.

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7 U.S.C. § 2011 — Congressional declaration of policy

It is declared to be the policy of Congress, in order to promote the general welfare, to safeguard the health and well-being of the Nation’s population by raising levels of nutrition among low-income households. Congress finds that the limited food purchasing power of low-income households contributes to hunger and malnutrition among members of such households. Congress further finds that increased utilization of food in establishing and maintaining adequate national levels of nutrition will promote the distribution in a beneficial manner of the Nation’s agricultural abundance and will strengthen the Nation’s agricultural economy, as well as result in more orderly marketing and distribution of foods. To alleviate such hunger and malnutrition, a supplemental nutrition assistance program is herein authorized which will permit low-income households to obtain a more nutritious diet through normal channels of trade by increasing food purchasing power for all eligible households who apply for participation.

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13 U.S.C. § 8 — Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

**(a)** The Secretary may, upon written request, furnish to any respondent, or to the heir, successor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or portions thereof) containing information furnished by, or on behalf of, such respondent in connection with the surveys and census provided for in this title, upon payment of the actual or estimated cost of searching the rec­ords and furnishing such transcripts or copies. **(b)** Subject to the limitations contained in sections 6(c) and 9 of this title, the Secretary may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivisions thereof) referred to in [section 191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section191/a&num=0&edition=prelim), State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work. In the case of nonprofit agencies or organizations, the Secretary may engage in joint statistical projects, the purpose of which are otherwise authorized by law, but only if the cost of such projects are shared equitably, as determined by the Secretary. **(c)** In no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information relates, except in the prosecution of alleged violations of this title. **(d)** All moneys received in payment for work or s

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8 U.S.C. § 1551 — Immigration and Naturalization Service

There is created and established in the Department of Justice an Immigration and Naturalization Service.

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5 U.S.C. § 3502 — Order of retention

**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to— (1) tenure of employment; (2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim); (3) length of service; and (4) efficiency or performance ratings. In computing length of service, a competing employee— (A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces; (B) who is a retired member of a uniformed service is entitled to credit for— (i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and (C) is entitled to credit for— (i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and (ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c). **(b)** A preference eligible described in [section 2108(3)(C) of this title](https

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50 U.S.C. § 3801 — Short title; Congressional declaration of policy

**(a)** This Act may be cited as the “Military Selective Service Act”. **(b)** The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation. **(c)** The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy. **(d)** The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists. **(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources. **(f)** The Congress further declares that the S

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8 U.S.C. § 1522 — Authorization for programs for domestic resettlement of and assistance to refugees

**(a) Conditions and considerations** (1) (A) In providing assistance under this section, the Director shall, to the extent of available appropriations, (i) make available sufficient resources for employment training and placement in order to achieve economic self-sufficiency among refugees as quickly as possible, (ii) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as quickly as possible, (iii) insure that cash assistance is made available to refugees in such a manner as not to discourage their economic self-sufficiency, in accordance with subsection (e)(2), and (iv) insure that women have the same opportunities as men to participate in training and instruction. (B) It is the intent of Congress that in providing refugee assistance under this section— (i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States; (ii) social service funds should be focused on employment-related services, English-as-a-second-language training (in nonwork hours where possible), and case-management services; and (iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments. (2) (A) The Director and the Federal agency administering subsection (b)(1) shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities. (B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and l

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1160 — Special agricultural workers

**(a) Lawful residence** (1) **In general** — The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements: (A) *Application period* — The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986. (B) *Performance of seasonal agricultural services and residence in the United States* — The alien must establish that he has— (i) resided in the United States, and (ii) performed seasonal agricultural services in the United States for at least 90 man-days, during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day. (C) *Admissible as immigrant* — The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2). (2) **Adjustment to permanent residence** — The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date: (A) *Group 1* — Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall o

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22 U.S.C. § 2601 — Refugees and migration

**(a) United States membership in International Organization for Migration; contributions to Organization** (1) The President is authorized to continue membership for the United States in the International Organization for Migration in accordance with the constitution of such organization approved in Venice, Italy, on October 19, 1953, as amended in Geneva, Switzerland, on November 24, 1998, upon entry into force of such amendments. (2) For the purpose of assisting in the movement of refugees and migrants, there are authorized to be appropriated to the President such amounts as may be necessary from time to time for payment by the United States of its contributions to the International Organization for Migration and all necessary salaries and expenses incidental to United States participation in such organization. **(b) Appropriations for assistance to refugees** There are authorized to be appropriated such amounts as may be necessary from time to time— (1) for contributions to the activities of the United Nations High Commissioner for Refugees for assistance to refugees under his mandate or persons on behalf of whom he is exercising his good offices, and for contributions to the International Organization for Migration, the International Committee of the Red Cross, and to other relevant international organizations; and (2) for assistance to or on behalf of refugees who are outside the United States designated by the President (by class, group, or designation of their respective countries of origin or areas of residence) when the President determines that such assistance will contribute to the foreign policy interests of the United States. **(c) United States Emergency Refugee and Migration Assistance Fund; appropriations** (1) Whenever the President determines i

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