8 U.S.C. § 1255 — Adjustment of status of nonimmigrant to

Page 352 TITLE 8—ALIENS AND NATIONALITY § 1254b 1 So in original. The comma probably should be a semicolon. tive for periods of 6 months. In applying section 244(c)(3)(C) of such Act under this section, ‘semiannu- ally, at the end of each 6-month period’ shall be sub- stituted for ‘annually, at the end of each 12-month period’ and, notwithstanding section 244(d)(2) of such Act, the period of validity of documentation under this section shall be 6 months. ‘‘(4) REENTRY PERMITTED AFTER DEPARTURE FOR EMERGENCY CIRCUMSTANCES.—In applying section 244(f)(3) of the Immigration and Nationality Act under this section, the Attorney General shall pro- vide for advance parole in the case of an alien pro- vided special temporary protected status under this section if the alien establishes to the satisfaction of the Attorney General that emergency and extenu- ating circumstances beyond the control of the alien requires the alien to depart for a brief, temporary trip abroad. ‘‘(d) ENFORCEMENT OF REQUIREMENT TO DEPART AT TIME OF TERMINATION OF DESIGNATION.— ‘‘(1) SHOW CAUSE ORDER AT TIME OF FINAL REGISTRA- TION.—At the registration occurring under this sec- tion closest to the date of termination of the designa- tion of El Salvador under subsection (a), the Immi- gration and Naturalization Service shall serve on the alien granted temporary protected status an order to show cause that establishes a date for deportation proceedings which is after the date of such termi- nation of designation. If El Salvador is subsequently designated under section 244(b) of the Immigration and Nationality Act [8 U.S.C. 1254a], the Service shall cancel such orders. ‘‘(2) SANCTION FOR FAILURE TO APPEAR.—If an alien is provided an order to show cause under paragraph (1) and fails to appear at such proceedings, except for exceptional circumstances, the alien may be deported in absentia under section 240(b)(5) of the Immigration and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted by section 545(a) of this Act) and certain discretionary forms of relief are no longer available to the alien pursuant to such section.’’ § 1254b. Collection of fees under temporary pro- tected status program (a) In addition to collection of registration fees described in section 1254a(c)(1)(B) of this title, fees for fingerprinting services, biometric services, and other necessary services may be collected when administering the program de- scribed in section 1254a of this title. (b) Subsection (a) shall be construed to apply for fiscal year 1998 and each fiscal year there- after. (Pub. L. 111–83, title V, § 549, Oct. 28, 2009, 123 Stat. 2177.) Editorial Notes CODIFICATION This section was enacted as part of the Department of Homeland Security Appropriations Act, 2010, and not as part of the Immigration and Nationality Act which comprises this chapter. § 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent resi- dence (a) Status as person admitted for permanent res- idence on application and eligibility for im- migrant visa The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification as a VAWA self-peti- tioner may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for per- manent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed. (b) Record of lawful admission for permanent residence; reduction of preference visas Upon the approval of an application for adjust- ment made under subsection (a), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the applica- tion for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under sections 1152 and 1153 of this title within the class to which the alien is chargeable for the fiscal year then current. (c) Alien crewmen, aliens continuing or accept- ing unauthorized employment, and aliens ad- mitted in transit without visa Other than an alien having an approved peti- tion for classification as a VAWA self-peti- tioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), an alien (other than an immediate relative as defined in section 1151(b) of this title or a spe- cial immigrant described in section 1101(a)(27)(H), (I), (J), or (K) of this title) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful im- migration status on the date of filing the appli- cation for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States; (3) any alien admitted in transit without visa under section 1182(d)(4)(C) of this title; (4) an alien (other than an immediate relative as de- fined in section 1151(b) of this title) who was ad- mitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title; (5) an alien who was admitted as a nonimmigrant described in section 1101(a)(15)(S) of this title,1 (6) an alien who is deportable under section 1227(a)(4)(B) of this title; (7) any alien who seeks adjustment of status to that of an immigrant under section 1153(b) of this title and is not in a lawful nonimmigrant status; or (8) any alien who was employed while the alien was an unauthorized alien, as defined in section 1324a(h)(3) of this title, or who has otherwise violated the terms of a nonimmigrant visa. (d) Alien admitted for permanent residence on conditional basis; fiancee or fiance of citizen The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 1186a of this title. The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section Page 353 TITLE 8—ALIENS AND NATIONALITY § 1255 2 See References in Text note below. 1101(a)(15)(K) of this title except to that of an alien lawfully admitted to the United States on a conditional basis under section 1186a of this title as a result of the marriage of the non- immigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien’s nonimmigrant status under section 1101(a)(15)(K) of this title. (e) Restriction on adjustment of status based on marriages entered while in admissibility or deportation proceedings; bona fide marriage exception (1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was en- tered into during the period described in para- graph (2) may not have the alien’s status ad- justed under subsection (a). (2) The period described in this paragraph is the period during which administrative or judi- cial proceedings are pending regarding the alien’s right to be admitted or remain in the United States. (3) 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 at- torney for assistance in preparation of a lawful petition) for the filing of a petition under sec- tion 1154(a) of this title or subsection (d) or (p) 2 of section 1184 of this title with respect to the alien spouse or alien son or daughter. In accord- ance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence. (f) Limitation on adjustment of status The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 1186b of this title. (g) Special immigrants In applying this section to a special immi- grant described in section 1101(a)(27)(K) of this title, such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States. (h) Application with respect to special immi- grants In applying this section to a special immi- grant described in section 1101(a)(27)(J) of this title— (1) such an immigrant shall be deemed, for purposes of subsection (a), to have been pa- roled into the United States; and (2) in determining the alien’s admissibility as an immigrant— (A) 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 (B) 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 re- lated 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 indi- vidual 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 immi- grant status described in such section. (i) Adjustment in status of certain aliens phys- ically present in United States (1) Notwithstanding the provisions of sub- sections (a) and (c) of this section, an alien physically present in the United States— (A) who— (i) entered the United States without in- spection; or (ii) is within one of the classes enumerated in subsection (c) of this section; (B) who is the beneficiary (including a spouse or child of the principal alien, if eligi- ble to receive a visa under section 1153(d) of this title) of— (i) a petition for classification under sec- tion 1154 of this title that was filed with the Attorney General on or before April 30, 2001; or (ii) 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 (C) who, in the case of a beneficiary of a pe- tition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically present in the United States on De- cember 21, 2000; may apply to the Attorney General for the ad- justment 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 re- quired 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 per- manent resident status under section 1160 or 1255a of this title or section 202 of the Immigra- tion Reform and Control Act of 1986 at any date, who— (i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained tem- porary or permanent resident status under section 1160 or 1255a of this title or section 202 of the Immigration Reform and Control Act of 1986; (ii) entered the United States before May 5, 1988, resided in the United States on May 5, Page 354 TITLE 8—ALIENS AND NATIONALITY § 1255 3 So in original. Probably should be followed by a comma. 1988, and is not a lawful permanent resident; and (iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum speci- fied herein shall be in addition to the fee nor- mally required for the processing of an appli- cation under this section. (2) 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— (A) the alien is eligible to receive an immi- grant visa and is admissible to the United States for permanent residence; and (B) an immigrant visa is immediately avail- able to the alien at the time the application is filed. (3)(A) The portion of each application fee (not to exceed $200) that the Attorney General deter- mines is required to process an application under this section and is remitted to the Attor- ney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attor- ney General as provided in subsections (m), (n), and (o) of section 1356 of this title. (B) Any remaining portion of such fees remit- ted 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 at- tributable 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 January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Im- migration Examinations Fee Account estab- lished under section 1356(m) of this title. (j) Adjustment to permanent resident status (1) If, in the opinion of the Attorney General— (A) 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 (B) the provision of such information has substantially contributed to the success of an authorized criminal investigation or the pros- ecution 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 unmar- ried 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. (2) If, in the sole discretion of the Attorney General— (A) 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 (B) the provision of such information has substantially contributed to— (i) the prevention or frustration of an act of terrorism against a United States person or United States property, or (ii) the success of an authorized criminal investigation of, or the prosecution of, an in- dividual involved in such an act of ter- rorism, and (C) 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 unmar- ried 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. (3) Upon the approval of adjustment of status under paragraph (1) or (2), the Attorney General shall record the alien’s lawful admission for per- manent 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. (k) Inapplicability of certain provisions for cer- tain employment-based immigrants An alien who is eligible to receive an immi- grant visa under paragraph (1), (2), (3), or (5) 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 pursu- ant to subsection (a) and notwithstanding sub- section (c)(2), (c)(7), and (c)(8), if— (1) the alien, on the date of filing an applica- tion for adjustment of status, is present in the United States pursuant to a lawful admission; (2) the alien, subsequent to such lawful ad- mission has not, for an aggregate period ex- ceeding 180 days— (A) failed to maintain, continuously, a lawful status; (B) engaged in unauthorized employment; or (C) otherwise violated the terms and con- ditions of the alien’s admission. (l) Adjustment of status for victims of trafficking (1) If, in the opinion of the Secretary of Home- land Security, or in the case of subparagraph (C)(i), in the opinion of the Secretary of Home- land Security, in consultation with the Attor- ney General, as appropriate 3 a nonimmigrant admitted into the United States under section 1101(a)(15)(T)(i) of this title— (A) has been physically present in the United States for a continuous period of at least 3 years since the date of admission as a non- immigrant 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 At- torney General, the investigation or prosecu- tion is complete, whichever period of time is less; (B) subject to paragraph (6), has, throughout such period, been a person of good moral char- acter; and (C)(i) has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of traf- ficking; Page 355 TITLE 8—ALIENS AND NATIONALITY § 1255 4 So in original. The words ‘‘the alien’’ probably should not ap- pear. 5 So in original. The period probably should be a comma. 6 So in original. Probably should be ‘‘Secretary’s’’. 7 So in original. Probably should be ‘‘(10)(E)),’’. (ii) the alien 4 would suffer extreme hardship involving unusual and severe harm upon re- moval from the United States; or (iii) 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 perma- nent residence. (2) 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 rea- son of a ground that has not been waived under section 1182 of this title, except that, if the Sec- retary of Homeland Security considers it to be in the national interest to do so, the Secretary of Homeland Security, in the Attorney Gen- eral’s 6 discretion, may waive the application of— (A) paragraphs (1) and (4) of section 1182(a) of this title; and (B) any other provision of such section (ex- cluding paragraphs (3), (10)(C), and (10(E)),7 if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in sec- tion 1101(a)(15)(T)(i)(I) of this title. (3) 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 pe- riod in excess of 90 days or for any periods in the aggregate exceeding 180 days, unless— (A) the absence was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or (B) an official involved in the investigation or prosecution certifies that the absence was otherwise justified. (4)(A) The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000. (B) The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or par- ents of such aliens. (5) Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the alien’s lawful admis- sion for permanent residence as of the date of such approval. (6) For purposes of paragraph (1)(B), the Sec- retary of Homeland Security may waive consid- eration of a disqualification from good moral character with respect to an alien if the dis- qualification was caused by, or incident to, the trafficking described in section 1101(a)(15)(T)(i)(I) of this title. (7) 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 ef- fect on March 31, 1997). (m) Adjustment of status for victims of crimes against women (1) The Secretary of Homeland Security may adjust the status of an alien admitted into the United States (or otherwise provided non- immigrant 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 de- scribed in section 1182(a)(3)(E) of this title, un- less the Secretary determines based on affirma- tive evidence that the alien unreasonably re- fused to provide assistance in a criminal inves- tigation or prosecution, if— (A) 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 sec- tion 1101(a)(15)(U) of this title; and (B) in the opinion of the Secretary of Home- land Security, the alien’s continued presence in the United States is justified on humani- tarian grounds, to ensure family unity, or is otherwise in the public interest. (2) 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 pe- riod 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 pros- ecution or unless an official involved in the in- vestigation or prosecution certifies that the ab- sence was otherwise justified. (3) Upon approval of adjustment of status under paragraph (1) of an alien described in sec- tion 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 nec- essary to avoid extreme hardship. (4) Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security shall record the alien’s law- ful admission for permanent residence as of the date of such approval. (5)(A) The Secretary of Homeland Security shall consult with the Attorney General, as ap- propriate, in making a determination under paragraph (1) whether affirmative evidence dem- onstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or pros- ecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title. (B) Nothing in paragraph (1)(B) may be con- strued to prevent the Secretary from consulting with the Attorney General in making a deter- mination whether affirmative evidence dem- onstrates that the alien unreasonably refused to provide assistance to a State or local law en- Page 356 TITLE 8—ALIENS AND NATIONALITY § 1255 forcement official, State or local prosecutor, State or local judge, or other State or local au- thority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title. (n) Concurrent or subsequent filing of applica- tion for adjustment of status based on visa petition approval If the approval of a petition for classification under section 1153(b)(5) of this title would make a visa immediately available to the alien bene- ficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the ap- plication is submitted concurrently with, or subsequent to, the visa petition. (June 27, 1952, ch. 477, title II, ch. 5, § 245, 66 Stat. 217; Pub. L. 85–700, § 1, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86–648, § 10, July 14, 1960, 74 Stat. 505; Pub. L. 89–236, § 13, Oct. 3, 1965, 79 Stat. 918; Pub. L. 94–571, § 6, Oct. 20, 1976, 90 Stat. 2705; Pub. L. 97–116, § 5(d)(2), Dec. 29, 1981, 95 Stat. 1614; Pub. L. 99–603, title I, § 117, title III, § 313(c), Nov. 6, 1986, 100 Stat. 3384, 3438; Pub. L. 99–639, §§ 2(e), 3(b), 5(a), Nov. 10, 1986, 100 Stat. 3542, 3543; Pub. L. 100–525, §§ 2(f)(1), (p)(3), 7(b), Oct. 24, 1988, 102 Stat. 2611, 2613, 2616; Pub. L. 101–649, title I, §§ 121(b)(4), 162(e)(3), title VII, § 702(a), Nov. 29, 1990, 104 Stat. 5011, 5086; Pub. L. 102–110, § 2(c), Oct. 1, 1991, 105 Stat. 556; Pub. L. 102–232, title III, §§ 302(d)(2), (e)(7), 308(a), Dec. 12, 1991, 105 Stat. 1744, 1746, 1757; Pub. L. 103–317, title V, § 506(b), Aug. 26, 1994, 108 Stat. 1765; Pub. L. 103–322, title XIII, § 130003(c), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 103–416, title II, § 219(k), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–132, title IV, § 413(d), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, §§ 308(f)(1)(O), (2)(C), (g)(10)(B), 375, 376(a), title VI, § 671(a)(4)(A), (5), Sept. 30, 1996, 110 Stat. 3009–621, 3009–625, 3009–648, 3009–721; Pub. L. 105–119, title I, §§ 110(3), 111(a), (c), Nov. 26, 1997, 111 Stat. 2458; Pub. L. 106–386, div. A, § 107(f), div. B, title V, §§ 1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat. 1479, 1527, 1536; Pub. L. 106–553, § 1(a)(2) [title XI, §§ 1102(c), (d)(2), 1103(c)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A–143 to 2762A–145; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502], Dec. 21, 2000, 114 Stat. 2763, 2763A–324; Pub. L. 108–193, §§ 4(b)(3), 8(a)(4), Dec. 19, 2003, 117 Stat. 2879, 2886; Pub. L. 109–162, title VIII, § 803, Jan. 5, 2006, 119 Stat. 3054; Pub. L. 109–271, § 6(f), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–457, title II, §§ 201(d), (e), 235(d)(3), Dec. 23, 2008, 122 Stat. 5053, 5054, 5080; Pub. L. 117–103, div. BB, § 102(d), Mar. 15, 2022, 136 Stat. 1075.) Editorial Notes REFERENCES IN TEXT Subsection (p) of section 1184 of this title, referred to in subsec. (e)(3), was redesignated subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat. 2886. Section 202 of the Immigration Reform and Control Act of 1986, referred to in subsec. (i)(1), is section 202 of Pub. L. 99–603, which is set out as a note under section 1255a of this title. Section 301 of the Immigration Act of 1990, referred to in subsec. (i)(1)(iii), is section 301 of Pub. L. 101–649, which is set out as a note under section 1255a of this title. AMENDMENTS 2022—Subsec. (k). Pub. L. 117–103, § 102(d)(1), sub- stituted ‘‘(3), or (5)’’ for ‘‘or (3)’’ in introductory provi- sions. Subsec. (n). Pub. L. 117–103, § 102(d)(2), added subsec. (n). 2008—Subsec. (h)(2)(A). Pub. L. 110–457, § 235(d)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘paragraphs (4), (5)(A), and (7)(A) of section 1182(a) of this title shall not apply, and’’. Subsec. (l)(1). Pub. L. 110–457, § 201(d)(1)(C)(ii), which directed amendment of subpar. (C)(ii) by striking out ‘‘, or in the case of subparagraph (C)(i), the Attorney General, as appropriate’’, was executed by striking out ‘‘, or in the case of subparagraph (C)(i), the Attorney General,’’ before ‘‘may adjust’’ in concluding provisions of par. (1), to reflect the probable intent of Congress. Pub. L. 110–457, § 201(d)(1)(A), substituted ‘‘in the opinion of the Secretary of Homeland Security, in con- sultation with the Attorney General, as appropriate’’ for ‘‘the Attorney General,,’’ in introductory provi- sions. Subsec. (l)(1)(B). Pub. L. 110–457, § 201(d)(1)(B), in- serted ‘‘subject to paragraph (6),’’ after subpar. designa- tion and substituted ‘‘; and’’ for ‘‘, and’’. Subsec. (l)(1)(C)(i). Pub. L. 110–457, § 201(d)(1)(C)(i), substituted semicolon for ‘‘, or’’. Subsec. (l)(1)(C)(ii), (iii). Pub. L. 110–457, § 201(d)(1)(C)(iii), which directed amendment of subpar. (C) by substituting ‘‘; or’’ for period at end and adding cl. (iii), was executed by making the substitution for comma at end of cl. (ii) and adding cl. (iii), to reflect the probable intent of Congress. Subsec. (l)(3). Pub. L. 110–457, § 201(d)(2), substituted ‘‘, unless—’’ for period at end and added subpars. (A) and (B). Subsec. (l)(6), (7). Pub. L. 110–457, § 201(d)(3), added pars. (6) and (7). Subsec. (m)(1). Pub. L. 110–457, § 201(e)(1), substituted ‘‘unless the Secretary’’ for ‘‘unless the Attorney Gen- eral’’ in introductory provisions. Subsec. (m)(5). Pub. L. 110–457, § 201(e)(2), added par. (5). 2006—Subsec. (a). Pub. L. 109–271, § 6(f)(1), substituted ‘‘as a VAWA self-petitioner’’ for ‘‘under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or’’. Subsec. (c). Pub. L. 109–271, § 6(f)(2), substituted ‘‘as a VAWA self-petitioner’’ for ‘‘under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title’’. Subsec. (l)(1). Pub. L. 109–162, § 803(a)(1)(A), sub- stituted ‘‘Secretary of Homeland Security, or in the case of subparagraph (C)(i), the Attorney General,’’ for ‘‘Attorney General’’ in two places. Subsec. (l)(1)(A), Pub. L. 109–162, § 803(a)(1)(B), in- serted at end ‘‘or has been physically present in the United States for a continuous period during the inves- tigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investiga- tion or prosecution is complete, whichever period of time is less;’’. Subsec. (l)(2). Pub. L. 109–162, § 803(a)(2), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- eral’’ in two places. Subsec. (l)(5). Pub. L. 109–162, § 803(a)(3), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- eral’’. Subsec. (m)(1). Pub. L. 109–162, § 803(b)(1)(A), sub- stituted ‘‘Secretary of Homeland Security may adjust’’ for ‘‘Attorney General may adjust’’ in introductory provisions. Subsec. (m)(1)(B). Pub. L. 109–162, § 803(b)(1)(B), sub- stituted ‘‘Secretary of Homeland Security’’ for ‘‘Attor- ney General’’. Subsec. (m)(3). Pub. L. 109–162, § 803(b)(2), substituted ‘‘Secretary of Homeland Security may adjust’’ for ‘‘At- torney General may adjust’’ and ‘‘Secretary considers’’ for ‘‘Attorney General considers’’. Page 357 TITLE 8—ALIENS AND NATIONALITY § 1255 Subsec. (m)(4). Pub. L. 109–162, § 803(b)(3), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- eral’’. 2003—Subsec. (l). Pub. L. 108–193, § 8(a)(4)(B), redesig- nated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m). Subsec. (l)(1). Pub. L. 108–193, § 4(b)(3)(A), in con- cluding provisions, substituted ‘‘admitted under sec- tion 1101(a)(15)(T)(ii) of this title’’ for ‘‘admitted under that section’’ and inserted ‘‘sibling,’’ after ‘‘parent,’’. Subsec. (l)(2). Pub. L. 108–193, § 8(a)(4)(A), redesignated par. (2), relating to alien’s maintenance of continuous physical presence, as (3). Subsec. (l)(3). Pub. L. 108–193, § 8(a)(4)(A), redesignated par. (2), relating to alien’s maintenance of continuous physical presence, as (3). Former par. (3) redesignated (4). Subsec. (l)(3)(B). Pub. L. 108–193, § 4(b)(3)(B), inserted ‘‘siblings,’’ after ‘‘daughters,’’. Subsec. (l)(4), (5). Pub. L. 108–193, § 8(a)(4)(A), redesig- nated pars. (3) and (4) as (4) and (5), respectively. Subsec. (m). Pub. L. 108–193, § 8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m). 2000—Subsec. (a). Pub. L. 106–386, § 1506(a)(1)(A), which directed the insertion of ‘‘or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or’’ after ‘‘into the United States.’’, was executed by making the insertion after ‘‘into the United States’’ to reflect the probable intent of Congress. Subsec. (c). Pub. L. 106–386, § 1506(a)(1)(B), substituted ‘‘Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title, subsection (a) shall not be appli- cable to’’ for ‘‘Subsection (a) shall not be applicable to’’. Subsec. (d). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under sub- section (a)’’ in two places. Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(3)(A)], struck out ‘‘(relating to an alien fiancee or fiance or the minor child of such alien)’’ before ‘‘except to that of an alien’’. Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], sub- stituted ‘‘under subsection (a) or (m),’’ for ‘‘under sub- section (a),’’ in two places. Subsec. (e)(1). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under sub- section (a)’’. Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(B)], sub- stituted ‘‘subsection (a) or (m)’’ for ‘‘subsection (a)’’. Subsec. (e)(3). Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(3)(B)], substituted ‘‘section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title’’ for ‘‘section 1154(a) or 1184(d) of this title’’. Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out ‘‘or (m)’’ after ‘‘under sub- section (a)’’. Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], sub- stituted ‘‘under subsection (a) or (m),’’ for ‘‘under sub- section (a),’’. Subsec. (i)(1)(B)(i). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(1)(B)], substituted ‘‘April 30, 2001’’ for ‘‘January 14, 1998’’. Subsec. (i)(1)(C). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(1)(A), (C), (D)], added subpar. (C). Subsec. (i)(3)(B). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(2)], inserted before period at end ‘‘, except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for clas- sification, or an application for labor certification, de- scribed in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be depos- ited by the Attorney General into the Immigration Ex- aminations Fee Account established under section 1356(m) of this title’’. Subsec. (l). Pub. L. 106–386, § 1513(f), added subsec. (l) relating to adjustment of status for victims of crimes against women. Pub. L. 106–386, § 107(f), added subsec. (l) relating to adjustment of status for victims of trafficking. Subsec. (m). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(1)], struck out subsec. (m), which related to ad- justment of status of nonimmigrant described in sec- tion 1101(a)(15)(V) of this title who was determined to have been physically present in the United States at any time during period beginning July 1, 2000, and end- ing Oct. 1, 2000. Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(c)], added sub- sec. (m). 1997—Subsec. (c)(2). Pub. L. 105–119, § 111(c)(1), sub- stituted ‘‘(2) subject to subsection (k), an alien (other than’’ for ‘‘(2) an alien (other than’’. Subsec. (i)(1). Pub. L. 105–119, § 111(a), substituted first sentence for prior first sentence which read as fol- lows: ‘‘Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who— ‘‘(A) entered the United States without inspection; or ‘‘(B) is within one of the classes enumerated in sub- section (c) of this section, may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admit- ted for permanent residence.’’ Subsec. (i)(3)(B). Pub. L. 105–119, § 110(3), substituted ‘‘Breached Bond/Detention Fund established under sec- tion 1356(r) of this title’’ for ‘‘Immigration Detention Account established under section 1356(s) of this title’’. Subsec. (k). Pub. L. 105–119, § 111(c)(2), added subsec. (k). 1996—Subsec. (c)(6). Pub. L. 104–208, § 308(g)(10)(B), substituted ‘‘section 1227(a)(4)(B)’’ for ‘‘section 1251(a)(4)(B)’’. Pub. L. 104–132 added cl. (6). Subsec. (c)(7), (8). Pub. L. 104–208, § 375, added cls. (7) and (8). Subsec. (e)(2). Pub. L. 104–208, § 308(f)(2)(C), sub- stituted ‘‘be admitted’’ for ‘‘enter’’. Subsec. (e)(3). Pub. L. 104–208, § 308(f)(1)(O), sub- stituted ‘‘admission’’ for ‘‘entry’’. Subsec. (i). Pub. L. 104–208, § 671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resi- dent status, as (j). Subsec. (i)(1). Pub. L. 104–208, § 376(a)(1), substituted ‘‘$1,000’’ for ‘‘five times the fee required for the proc- essing of applications under this section’’. Subsec. (i)(3). Pub. L. 104–208, § 376(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘Sums remitted to the Attorney General pursu- ant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sec- tions 1356(m), (n), and (o) of this title.’’ Subsec. (j). Pub. L. 104–208, § 671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resi- dent status, as (j). Subsec. (j)(3). Pub. L. 104–208, § 671(a)(5), substituted ‘‘paragraph (1) or (2)’’ for ‘‘paragraphs (1) or (2)’’. 1994—Subsec. (c)(5). Pub. L. 103–322, § 130003(c)(2), added cl. (5). Subsec. (h)(2)(B). Pub. L. 103–416 substituted ‘‘and (3)(E)’’ for ‘‘or (3)(E)’’. Subsec. (i). Pub. L. 103–322, § 130003(c)(1), added subsec. (i) relating to adjustment to permanent resident sta- tus. Pub. L. 103–317, § 506(b), added subsec. (i) relating to adjustment in status of certain aliens physically present in United States. 1991—Subsec. (b). Pub. L. 102–232, § 302(e)(7), sub- stituted ‘‘sections 1152 and 1153’’ for ‘‘sections 1151(a)’’ and ‘‘for the fiscal year then current’’ for ‘‘for the suc- ceeding fiscal year’’. Subsec. (c)(2). Pub. L. 102–232, § 302(d)(2)(A), inserted ‘‘(J),’’ after ‘‘(I),’’. Pub. L. 102–110, § 2(c)(1), substituted ‘‘, (I), or (K)’’ for ‘‘or (I)’’. Subsec. (e)(3). Pub. L. 102–232, § 308(a), substituted ‘‘section 1154(g)’’ for ‘‘section 1154(h)’’. Subsec. (g). Pub. L. 102–110, § 2(c)(2), added subsec. (g). Page 358 TITLE 8—ALIENS AND NATIONALITY § 1255 Subsec. (h). Pub. L. 102–232, § 302(d)(2)(B), added sub- sec. (h). 1990—Subsec. (b). Pub. L. 101–649, § 162(e)(3), struck out ‘‘or nonpreference’’ after ‘‘number of the pref- erence’’ and substituted ‘‘1151(a)’’ for ‘‘1152(e) or 1153(a)’’ and ‘‘succeeding fiscal year’’ for ‘‘fiscal year then current’’. Subsec. (e)(1). Pub. L. 101–649, § 702(a)(1), substituted ‘‘Except as provided in paragraph (3), an alien’’ for ‘‘An alien’’. Subsec. (e)(3). Pub. L. 101–649, § 702(a)(2), added par. (3). Subsec. (f). Pub. L. 101–649, § 121(b)(4), added subsec. (f). 1988—Subsec. (c)(2). Pub. L. 100–525, § 2(f)(1), sub- stituted ‘‘1101(a)(27)(H) or (I)’’ for ‘‘1101(a)(27)(H)’’, in- serted ‘‘or’’ after ‘‘no fault of his own’’, and substituted ‘‘in unlawful’’ for ‘‘not in legal’’ and ‘‘lawful status’’ for ‘‘legal status’’. Subsec. (c)(4). Pub. L. 100–525, § 2(p)(3), made technical correction to Pub. L. 99–603, § 313(c). See 1986 Amend- ment note below. Subsec. (d). Pub. L. 100–525, § 7(b), amended Pub. L. 99–639, § 3(b). See 1986 Amendment note below. 1986—Subsec. (c). Pub. L. 99–639, § 5(a)(1), substituted ‘‘Subsection (a) of this section’’ for ‘‘The provisions of this section’’. Subsec. (c)(2). Pub. L. 99–603, § 117, inserted ‘‘or who is not in legal immigration status on the date of filing the application for adjustment or who has failed (other than through no fault of his own for technical reasons) to maintain continuously a legal status since entry into the United States’’. Subsec. (c)(4). Pub. L. 99–603, § 313(c), as amended by Pub. L. 100–525, § 2(p)(3), added cl. (4). Subsec. (d). Pub. L. 99–639, § 3(b), as amended by Pub. L. 100–525, § 7(b), inserted ‘‘The Attorney General may not adjust, under subsection (a), the status of a non- immigrant alien described in section 1101(a)(15)(K) of this title (relating to an alien fiancee or fiance or the minor child of such alien) except to that of an alien lawfully admitted to the United States on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the pe- tition to accord that alien’s nonimmigrant status under section 1101(a)(15)(K) of this title.’’ Pub. L. 99–639, § 2(e), added subsec. (d). Subsec. (e). Pub. L. 99–639, § 5(a)(2), added subsec. (e). 1981—Subsec. (c)(2). Pub. L. 97–116 inserted ‘‘or a spe- cial immigrant described in section 1101(a)(27)(H) of this title’’ after ‘‘section 1151(b) of this title’’. 1976—Subsec. (a). Pub. L. 94–571 struck out ‘‘, other than alien crewman,’’ after ‘‘status of an alien’’ and substituted ‘‘filed’’ for ‘‘approved’’. Subsec. (b). Pub. L. 94–571 inserted reference to sec- tion 1152(e) of this title and struck out comma after ‘‘chargeable’’. Subsec. (c). Pub. L. 94–571 substituted provision mak- ing the section inapplicable to alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa for provision making the section inapplicable to natives of contig- uous country or adjacent island. 1965—Subsec. (b). Pub. L. 89–236, § 13(a), struck out reference to quota area to which the alien is chargeable under section 1152 of this title and substituted ref- erence to number of preference or nonpreference visas authorized to be issued under section 1153(a) of this title within the class to which the alien is chargeable. Subsec. (c). Pub. L. 89–236, § 13(b), substituted ‘‘any country of the Western Hemisphere’’ for ‘‘any country contiguous to the United States’’. 1960—Subsec. (a). Pub. L. 86–648 substituted ‘‘alien, other than an alien crewman, who was inspected and admitted or paroled into the United States’’ for ‘‘alien who was admitted to the United States as a bona fide nonimmigrant’’, struck out former cl. (3) which read ‘‘an immigrant visa was immediately available to him at the time of his application’’, redesignated cl. (4) as (3), and struck out concluding sentence which read as follows: ‘‘A quota immigrant visa shall be considered immediately available for the purposes of this sub- section only if the portion of the quota to which the alien is chargeable is undersubscribed by applicants registered on a consular waiting list.’’ 1958—Pub. L. 85–700 among other changes, substituted provisions allowing adjustment of status of alien who was admitted as a bona fide nonimmigrant to that of an alien lawfully admitted for permanent residence, for provisions allowing adjustment of status of alien who was lawfully admitted as a bona fide nonimmigrant and continued to maintain that status, to that of a perma- nent resident either as a quota immigrant or as a nonquota immigrant claiming nonquota status as the spouse or child of a citizen under certain specified con- ditions, by striking out provision terminating non- immigrant quota status of alien who files application for adjustment of status, and by adding subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by section 201 of Pub. L. 110–457 effective Dec. 23, 2008, and applicable to applications for immi- gration benefits filed on or after Dec. 23, 2008, see sec- tion 201(f) of Pub. L. 110–457, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 2000 AMENDMENTS Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1506], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, provided that: ‘‘This title [amending this section, enacting provisions set out as notes under this section, and amending provi- sions set out as notes under this section and section 1101 of this title] shall take effect as if included in the enactment of the Legal Immigration Family Equity Act [see Short Title of 2000 Amendments note set out under section 1101 of this title].’’ Amendment by section 1(a)(2) [title XI, § 1102(c), (d)(2)] of Pub. L. 106–553 effective Dec. 21, 2000, and ap- plicable to an alien who is the beneficiary of a classi- fication petition filed under section 1154 of this title on or before Dec. 21, 2000, see section 1(a)(2) [title XI, § 1102(e)] of Pub. L. 106–553, set out as a note under sec- tion 1101 of this title. Amendment by section 1(a)(2) [title XI, § 1103(c)(3)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to an alien who is the beneficiary of a classification peti- tion filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] of Pub. L. 106–553, set out as a note under section 1101 of this title. Pub. L. 106–386, div. B, title V, § 1506(a)(2), Oct. 28, 2000, 114 Stat. 1527, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall apply to applications for adjustment of status pending on or made on or after January 14, 1998.’’ EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) of Pub. L. 104–208 effective, with certain transitional pro- visions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 376(c), Sept. 30, 1996, 110 Stat. 3009–649, provided that: ‘‘The amendments made by this section [amending this section and sec- tion 1356 of this title] shall apply to applications made on or after the end of the 90-day period beginning on the date of the enactment of this Act [Sept. 30, 1996].’’ Amendment by section 671(a)(4)(A), (5) of Pub. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title. Amendment by Pub. L. 104–132 effective Apr. 24, 1996, and applicable to applications filed before, on, or after Page 359 TITLE 8—ALIENS AND NATIONALITY § 1255 such date if final action not yet taken on them before such date see section 413(g) of Pub. L. 104–132, set out as a note under section 1253 of this title. EFFECTIVE DATE OF 1994 AMENDMENTS Amendment by Pub. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. L. 103–416, set out as a note under section 1101 of this title. Amendment by Pub. L. 103–317 effective Oct. 1, 1994, see section 506(c) of Pub. L. 103–317, as amended, set out as an Effective and Termination Dates of 1994 Amend- ment note under section 1182 of this title. EFFECTIVE DATE OF 1991 AMENDMENTS Amendment by section 302(d)(2), (e)(7) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title. Pub. L. 102–232, title III, § 308(a), Dec. 12, 1991, 105 Stat. 1757, provided that the amendment made by sec- tion 308(a) is effective Oct. 1, 1991. Amendment by Pub. L. 102–110 effective 60 days after Oct. 1, 1991, see section 2(d) of Pub. L. 102–110, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by sections 121(b)(4), 162(e)(3) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of this title. Amendment by section 702(a) of Pub. L. 101–649 appli- cable to marriages entered into before, on, or after Nov. 29, 1990, see section 702(c) of Pub. L. 101–649, set out as a note under section 1154 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–525, § 2(f)(2), Oct. 24, 1988, 102 Stat. 2611, provided that: ‘‘The amendments made by paragraph (1) [amending this section] and by section 117 of IRCA [sec- tion 117 of Pub. L. 99–603, amending this section] shall apply to applications for adjustment of status filed on or after November 6, 1986.’’ Amendment by section 2(f)(1), (p)(3) of Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see sec- tion 2(s) of Pub. L. 100–525, set out as a note under sec- tion 1101 of this title. Amendment by section 7(b) of Pub. L. 100–525 effec- tive as if included in enactment of Immigration Mar- riage Fraud Amendments of 1986, Pub. L. 99–639, see sec- tion 7(d) of Pub. L. 100–525, set out as a note under sec- tion 1182 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Pub. L. 99–639, § 3(d)(2), Nov. 10, 1986, 100 Stat. 3542, provided that: ‘‘The amendment made by subsection (b) [amending this section] shall apply to adjustments oc- curring on or after the date of the enactment of this Act [Nov. 10, 1986].’’ Amendment by section 5(a) of Pub. L. 99–639 applica- ble to marriages entered into on or after Nov. 10, 1986, see section 5(c) of Pub. L. 99–639, set out as a note under section 1154 of this title. Amendment by section 117 of Pub. L. 99–603 applicable to applications for adjustment of status filed on or after Nov. 6, 1986, see section 2(f)(2) of Pub. L. 100–525, set out as an Effective Date of 1988 Amendment note above. 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. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–571 effective on first day of first month which begins more than sixty days after Oct. 20, 1976, see section 10 of Pub. L. 94–571, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 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. LIBERIAN REFUGEE IMMIGRATION FAIRNESS Pub. L. 116–92, div. F, title LXXVI, § 7611, Dec. 20, 2019, 133 Stat. 2309, as amended by Pub. L. 116–260, div. O, title IX, § 901, Dec. 27, 2020, 134 Stat. 2155, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) 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. ‘‘(2) 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)). ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. ‘‘(b) ADJUSTMENT OF STATUS.— ‘‘(1) 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— ‘‘(A) applies for adjustment not later than 2 years after the date of the enactment of this Act [Dec. 20, 2019]; ‘‘(B) is otherwise eligible to receive an immigrant visa; and ‘‘(C) subject to paragraph (2), is admissible to the United States for permanent residence. ‘‘(2) APPLICABILITY OF GROUNDS OF INADMIS- SIBILITY.—In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmis- sibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Na- tionality Act (8 U.S.C. 1182(a)) shall not apply. ‘‘(3) EXCEPTIONS.—An alien shall not be eligible for adjustment of status under this subsection if the Sec- retary determines that the alien— ‘‘(A) has been convicted of any aggravated felony; ‘‘(B) has been convicted of two or more crimes in- volving moral turpitude (other than a purely polit- ical offense); or ‘‘(C) has ordered, incited, assisted, or otherwise participated in the persecution of any person on ac- count of race, religion, nationality, membership in a particular social group, or political opinion. ‘‘(4) RELATIONSHIP OF APPLICATION TO CERTAIN OR- DERS.— ‘‘(A) IN GENERAL.—An alien present in the United States who has been subject to an order of exclu- sion, deportation, removal, or voluntary departure under any provision of the Immigration and Na- tionality Act (8 U.S.C. 1101 et seq.) may, notwith- standing such order, submit an application for ad- justment of status under this subsection if the alien is otherwise eligible for adjustment of status under paragraph (1). ‘‘(B) SEPARATE MOTION NOT REQUIRED.—An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an applica- tion under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A). ‘‘(C) EFFECT OF DECISION BY SECRETARY.— ‘‘(i) GRANT.—If the Secretary adjusts the status of an alien pursuant to an application under this Page 360 TITLE 8—ALIENS AND NATIONALITY § 1255 subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject. ‘‘(ii) DENIAL.—If the Secretary makes a final de- cision to deny such application, any such order shall be effective and enforceable to the same ex- tent that such order would be effective and en- forceable if the application had not been made. ‘‘(c) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— ‘‘(1) IN GENERAL.—The benefits provided under sub- section (b) shall apply to any alien who— ‘‘(A)(i) is a national of Liberia; and ‘‘(ii) has been continuously present in the United States during the period beginning on November 20, 2014, and ending on the date on which the alien sub- mits an application under subsection (b); or ‘‘(B) is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). ‘‘(2) DETERMINATION OF CONTINUOUS PHYSICAL PRES- ENCE.—For purposes of establishing the period of con- tinuous 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 ag- gregate, of not more than 180 days. ‘‘(d) STAY OF REMOVAL.— ‘‘(1) IN GENERAL.—The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, re- moval, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b). ‘‘(2) DURING CERTAIN PROCEEDINGS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), notwithstanding any provision of the Im- migration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not order an alien to be re- moved from the United States if the alien— ‘‘(i) is in exclusion, deportation, or removal pro- ceedings under any provision of such Act; and ‘‘(ii) has submitted an application for adjust- ment of status under subsection (b). ‘‘(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 ad- justment of status under subsection (b) of the alien. ‘‘(3) WORK AUTHORIZATION.— ‘‘(A) IN GENERAL.—The Secretary may— ‘‘(i) authorize an alien who has applied for ad- justment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such applica- tion is pending; and ‘‘(ii) provide such alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employ- ment. ‘‘(B) PENDING APPLICATIONS.—If an application for adjustment of status under subsection (b) is pend- ing for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien. ‘‘(e) RECORD OF PERMANENT RESIDENCE.—On the ap- proval 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. ‘‘(f) 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— ‘‘(1) applicants for adjustment of status under sec- tion 245 of the Immigration and Nationality Act (8 U.S.C. 1255); and ‘‘(2) aliens subject to removal proceedings under section 240 of such Act (8 U.S.C. 1229a). ‘‘(g) LIMITATION ON JUDICIAL REVIEW.— ‘‘(1) 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. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) shall be construed to preclude the review of a con- stitutional 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. ‘‘(h) 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 Nation- ality 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. ‘‘(i) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.— ‘‘(1) 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 enforce- ment of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) or any other law relating to immi- gration, nationality, or naturalization. ‘‘(2) EFFECT OF ELIGIBILITY FOR ADJUSTMENT OF STA- TUS.—The eligibility of an alien to be lawfully admit- ted 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 Pub. L. 111–293, Dec. 9, 2010, 124 Stat. 3175, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as— ‘‘(1) the ‘Help Haitian Adoptees Immediately to In- tegrate Act of 2010’; or ‘‘(2) the ‘Help HAITI Act of 2010’. ‘‘SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS. ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu- rity may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien— ‘‘(1) 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 January 18, 2010, and suspended as to new applications on April 15, 2010; ‘‘(2) is physically present in the United States; ‘‘(3) is admissible to the United States as an immi- grant, except as provided in subsection (c); and ‘‘(4) 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 [Dec. 9, 2010]. ‘‘(b) NUMERICAL LIMITATION.—The number of aliens who are granted the status of an alien lawfully admit- ted for permanent residence under this section shall not exceed 1400. ‘‘(c) 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. ‘‘(d) VISA AVAILABILITY.—The Secretary of State shall not be required to reduce the number of immi- grant visas authorized to be issued under the Immigra- tion and Nationality Act (8 U.S.C. 1101 et seq.) for any alien granted the status of having been lawfully admit- ted for permanent residence under this section. ‘‘(e) 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 sec- Page 361 TITLE 8—ALIENS AND NATIONALITY § 1255 tion 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if— ‘‘(1) the alien obtained adjustment of status under this section; and ‘‘(2) a citizen of the United States adopted the alien prior to, on, or after the date of the decision granting such adjustment of status. ‘‘(f) 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 sta- tus under this section or the Immigration and Nation- ality Act (8 U.S.C. 1101 et seq.). ‘‘SEC. 3. COMPLIANCE WITH PAYGO. ‘‘The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by ref- erence to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on pas- sage.’’ PERMITTING MOTION TO REOPEN Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326, provided that: ‘‘Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, re- moval, or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated fel- ony (as defined by section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)])), a national of Cuba or Nicaragua who has become eligible for adjust- ment of status under the Nicaraguan Adjustment and Central American Relief Act [see Short Title of 1997 Amendments note set out under section 1101 of this title] as a result of the amendments made by paragraph (1) [amending section 202 of Pub. L. 105–100, set out below], may file one motion to reopen exclusion, depor- tation, or removal proceedings to apply for such adjust- ment under that Act. The scope of any proceeding re- opened on this basis shall be limited to a determination of the alien’s eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act [Dec. 21, 2000].’’ Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–327, provided that: ‘‘Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, re- moval, or deportation proceedings (except limitations premised on an alien’s conviction of an aggravated fel- ony (as defined by section 101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)])), a national of Haiti who has become eligible for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 [see Short Title of 1998 Amendments note set out under section 1101 of this title] as a result of the amendments made by paragraph (1) [amending section 902 of section 101(h) of div. A of Pub. L. 105–277, set out below], may file one motion to reopen exclusion, depor- tation, or removal proceedings to apply for such adjust- ment under that Act. The scope of any proceeding re- opened on this basis shall be limited to a determination of the alien’s eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act [Dec. 21, 2000].’’ ADJUSTMENT OF STATUS OF CERTAIN JEWISH SYRIAN NATIONALS Pub. L. 106–378, Oct. 27, 2000, 114 Stat. 1442, provided for adjustment of status from asylee to lawful perma- nent residence of not more than 2,000 persons, who must be either (1) Jewish nationals of Syria, who ar- rived in the United States after Dec. 31, 1991, after being permitted by the Syrian Government to depart from Syria, and were physically present in the United States at the time of filing the application for adjust- ment of status, or (2) who were the spouse, child, or un- married son or daughter of such an alien provided that any such eligible person either applied for such adjust- ment of status not later than 1 year after Oct. 27, 2000, or applied for adjustment of status under this chapter before Oct. 27, 2000, had been physically present in the United States for at least 1 year after being granted asylum; was not firmly resettled in any foreign coun- try; and was admissible as an immigrant under this chapter at the time of examination for adjustment of such alien. ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS Pub. L. 105–277, div. A, § 101(h) [title IX, § 902], Oct. 21, 1998, 112 Stat. 2681–480, 2681–538; as amended by Pub. L. 106–386, div. B, title V, § 1511(a), Oct. 28, 2000, 114 Stat. 1532; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326; Pub. L. 109–162, title VIII, § 824(a), Jan. 5, 2006, 119 Stat. 3063; Pub. L. 110–161, div. H, title I, § 1502(d), Dec. 26, 2007, 121 Stat. 2250, provided that: ‘‘(a) ADJUSTMENT OF STATUS.— ‘‘(1) 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 per- manent residence, if the alien— ‘‘(A) applies for such adjustment before April 1, 2000; and ‘‘(B) is otherwise admissible to the United States for permanent residence, except that, in deter- mining such admissibility, the grounds for inadmis- sibility 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. ‘‘(2) 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 sec- tion— ‘‘(A) the provisions of section 241(a)(5) of the Im- migration and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and ‘‘(B) the Attorney General may grant the alien a waiver on the grounds of inadmissibility under sub- paragraphs (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 At- torney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). ‘‘(3) RELATIONSHIP OF APPLICATION TO CERTAIN OR- DERS.—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 enforce- able to the same extent as if the application had not been made. ‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who— ‘‘(1) was present in the United States on December 31, 1995, who— ‘‘(A) filed for asylum before December 31, 1995, ‘‘(B) was paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or ‘‘(C) was a child (as defined in the text above sub- paragraph (A) of section 101(b)(1) of the Immigra- Page 362 TITLE 8—ALIENS AND NATIONALITY § 1255 tion and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on Decem- ber 31, 1995, and who— ‘‘(i) arrived in the United States without par- ents in the United States and has remained with- out parents in the United States since such ar- rival, ‘‘(ii) became orphaned subsequent to arrival in the United States, or ‘‘(iii) was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and ‘‘(2) has been physically present in the United States for a continuous period beginning not later than December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that 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 ag- gregate to not more than 180 days. ‘‘(c) STAY OF REMOVAL.— ‘‘(1) IN GENERAL.—The Attorney General shall pro- vide 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 ap- plication under subsection (a). ‘‘(2) DURING CERTAIN PROCEEDINGS.—Notwith- standing any provision of the Immigration and Na- tionality 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, depor- tation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney Gen- eral has made a final determination to deny the ap- plication. ‘‘(3) WORK AUTHORIZATION.—The Attorney General may authorize an alien who has applied for adjust- ment of status under subsection (a) to engage in em- ployment in the United States during the pendency of such application and may provide the alien with an ‘employment authorized’ endorsement or other ap- propriate document signifying authorization of em- ployment, except that if such application is pending for a period exceeding 180 days, and has not been de- nied, the Attorney General shall authorize such em- ployment. ‘‘(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHIL- DREN.— ‘‘(1) IN GENERAL.—The status of an alien shall be ad- justed by the Attorney General to that of an alien lawfully admitted for permanent residence, if— ‘‘(A) the alien is a national of Haiti; ‘‘(B)(i) 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 pe- riod beginning not later than December 1, 1995, and ending not earlier than the date on which the appli- cation for such adjustment is filed; ‘‘(ii) 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 de- scribed in subsection (a); and ‘‘(iii) in acting on applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attor- ney General shall apply the provisions of section 204(a)(1)(J) [8 U.S.C. 1154(a)(1)(J)]. ‘‘(C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and ‘‘(D) 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 Im- migration and Nationality Act [8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply. ‘‘(2) 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. ‘‘(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The Attorney General shall provide to applicants for adjust- ment of status under subsection (a) the same right to, and procedures for, administrative review as are pro- vided to— ‘‘(1) applicants for adjustment of status under sec- tion 245 of the Immigration and Nationality Act [8 U.S.C. 1255]; or ‘‘(2) aliens subject to removal proceedings under section 240 of such Act [8 U.S.C. 1229a]. ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—A determina- tion 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. ‘‘(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— When an alien is granted the status of having been law- fully 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 Na- tionality Act [8 U.S.C. 1101 et seq.]. ‘‘(h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—Except as otherwise specifically pro- vided 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 au- thority 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 sta- tus of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provi- sion of law for which the alien may be eligible. ‘‘(i) ADJUSTMENT OF STATUS HAS NO EFFECT ON ELIGI- BILITY 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 [Oct. 21, 1998] may, solely on the basis of such adjusted status, be considered to be a qualified alien under section 431(b) of the Personal Re- sponsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public Law 105–33; 111 Stat. 598), for purposes of determining the alien’s eligi- bility for supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical assistance under title XIX of such Act (42 U.S.C. 1396 et seq.). ‘‘(j) PERIOD OF APPLICABILITY.—Subsection (i) shall not apply after October 1, 2003.’’ [Pub. L. 109–162, title VIII, § 824(b), Jan. 5, 2006, 119 Stat. 3063, provided that: ‘‘The amendment made by subsection (a)(3) [amending section 101(h) [title IX, § 902] of div. A of Pub. L. 105–277, set out above] shall take effect as if included in the enactment of the Vio- lence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491).’’] [Pub. L. 106–386, div. B, title V, § 1511(b), Oct. 28, 2000, 114 Stat. 1533, provided that: ‘‘The amendment made by subsection (a) [amending section 101(h) [title IX, § 902] of div. A of Pub. L. 105–277, set out above] shall be effec- Page 363 TITLE 8—ALIENS AND NATIONALITY § 1255 tive as if included in the Haitian Refugee Immigration Fairness Act of 1998 (division A of section 101(h) of Pub- lic Law 105–277; 112 Stat. 2681–538).’’] ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS AND CUBANS Pub. L. 105–100, title II, § 202, Nov. 19, 1997, 111 Stat. 2193, as amended by Pub. L. 105–139, § 1(a), (b), Dec. 2, 1997, 111 Stat. 2644; Pub. L. 106–386, div. B, title V, § 1510(a), Oct. 28, 2000, 114 Stat. 1531; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326; Pub. L. 109–162, title VIII, § 815(a), (b), Jan. 5, 2006, 119 Stat. 3060, provided that: ‘‘(a) ADJUSTMENT OF STATUS.— ‘‘(1) 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 per- manent residence, if the alien— ‘‘(A) applies for such adjustment before April 1, 2000; and ‘‘(B) 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 Na- tionality Act [8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply. ‘‘(2) 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 sec- tion— ‘‘(A) the provisions of section 241(a)(5) of the Im- migration and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and ‘‘(B) the Attorney General may grant the alien a waiver on the grounds of inadmissibility under sub- paragraphs (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 At- torney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9). ‘‘(3) RELATIONSHIP OF APPLICATION TO CERTAIN OR- DERS.—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 deci- sion to deny the application, the order shall be effec- tive and enforceable to the same extent as if the ap- plication had not been made. ‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— ‘‘(1) IN GENERAL.—The benefits provided by sub- section (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 December 1, 1995, and ending not earlier than the date the application for adjust- ment under such subsection is filed, except 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 periods in the aggregate not exceeding 180 days. ‘‘(2) PROOF OF COMMENCEMENT OF CONTINUOUS PRES- ENCE.—For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than December 1, 1995, an alien— ‘‘(A) shall demonstrate that the alien, prior to December 1, 1995— ‘‘(i) applied to the Attorney General for asylum; ‘‘(ii) was issued an order to show cause under section 242 or 242B of the Immigration and Na- tionality Act [8 U.S.C. 1252, former 1252b] (as in effect prior to April 1, 1997); ‘‘(iii) was placed in exclusion proceedings under section 236 of such Act [8 U.S.C. 1226] (as so in ef- fect); ‘‘(iv) applied for adjustment of status under sec- tion 245 of such Act [8 U.S.C. 1255]; ‘‘(v) applied to the Attorney General for em- ployment authorization; ‘‘(vi) performed service, or engaged in a trade or business, within the United States which is evi- denced by records maintained by the Commis- sioner of Social Security; or ‘‘(vii) 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 De- cember 1, 1995; or ‘‘(B) shall make such other demonstration of physical presence as the Attorney General may pro- vide for by regulation. ‘‘(c) STAY OF REMOVAL; WORK AUTHORIZATION.— ‘‘(1) IN GENERAL.—The Attorney General shall pro- vide 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). ‘‘(2) DURING CERTAIN PROCEEDINGS.—Notwith- standing any provision of the Immigration and Na- tionality 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, depor- tation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney Gen- eral has rendered a final administrative determina- tion to deny the application. ‘‘(3) WORK AUTHORIZATION.—The Attorney General may authorize an alien who has applied for adjust- ment of status under subsection (a) to engage in em- ployment in the United States during the pendency of such application and may provide the alien with an ‘employment authorized’ endorsement or other ap- propriate document signifying authorization of em- ployment, except that if such application is pending for a period exceeding 180 days, and has not been de- nied, the Attorney General shall authorize such em- ployment. ‘‘(d) ADJUSTMENT OF STATUS FOR SPOUSES AND CHIL- DREN.— ‘‘(1) IN GENERAL.—The status of an alien shall be ad- justed by the Attorney General to that of an alien lawfully admitted for permanent residence, if— ‘‘(A) the alien is a national of Nicaragua or Cuba; ‘‘(B) the alien— ‘‘(i) 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 pe- riod beginning not later than December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or ‘‘(ii) 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 law- fully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to ex- treme cruelty by the alien that filed for adjust- ment under subsection (a); ‘‘(C) the alien applies for such adjustment and is physically present in the United States on the date the application is filed; ‘‘(D) the alien is otherwise admissible to the United States for permanent residence, except in Page 364 TITLE 8—ALIENS AND NATIONALITY § 1255 determining such admissibility the grounds for in- admissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigra- tion and Nationality Act [8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply; and ‘‘(E) applies for such adjustment before April 1, 2000, or, in the case of an alien who qualifies under subparagraph (B)(ii), applies for such adjustment during the 18-month period beginning on the date of enactment of the Violence Against Women and De- partment of Justice Reauthorization Act of 2005 [Jan. 5, 2006]. ‘‘(2) PROOF OF CONTINUOUS PRESENCE.—For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien— ‘‘(A) shall demonstrate that such period com- menced not later than December 1, 1995, in a man- ner consistent with subsection (b)(2); and ‘‘(B) 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. ‘‘(3) 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)]. ‘‘(e) AVAILABILITY OF ADMINISTRATIVE REVIEW.—The Attorney General shall provide to applicants for adjust- ment of status under subsection (a) the same right to, and procedures for, administrative review as are pro- vided to— ‘‘(1) applicants for adjustment of status under sec- tion 245 of the Immigration and Nationality Act [8 U.S.C. 1255]; or ‘‘(2) aliens subject to removal proceedings under section 240 of such Act [8 U.S.C. 1229a]. ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—A determina- tion 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. ‘‘(g) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— When an alien is granted the status of having been law- fully admitted for permanent residence pursuant to this section, the Secretary of State shall not be re- quired to reduce the number of immigrant visas au- thorized to be issued under any provision of the Immi- gration and Nationality Act [8 U.S.C. 1101 et seq.]. ‘‘(h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—Except as otherwise specifically pro- vided 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. Noth- ing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, du- ties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or nat- uralization. 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 pre- clude the alien from seeking such status under any other provision of law for which the alien may be eligi- ble.’’ [Pub. L. 109–162, title VIII, § 815(c), Jan. 5, 2006, 119 Stat. 3060, provided that: ‘‘The amendment made by subsection (b) [amending section 202(d)(3) of Pub. L. 105–100, set out above] shall take effect as if included in the enactment of the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491).’’] ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN PAROLEES Pub. L. 104–208, div. C, title VI, § 646, Sept. 30, 1996, 110 Stat. 3009–709, provided that: ‘‘(a) 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 resi- dence if the alien— ‘‘(1) applies for such adjustment; ‘‘(2) 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; ‘‘(3) is admissible to the United States as an immi- grant, except as provided in subsection (c); and ‘‘(4) pays a fee (determined by the Attorney Gen- eral) for the processing of such application. ‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— The benefits provided in subsection (a) shall only apply to an alien who— ‘‘(1) was a national of Poland or Hungary; and ‘‘(2) was inspected and granted parole into the United States during the period beginning on Novem- ber 1, 1989, and ending on December 31, 1991, after being denied refugee status. ‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMIS- SIBILITY.—The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the Immigration and Nation- ality Act [8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the At- torney 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 as- sure family unity, or when it is otherwise in the public interest. ‘‘(d) 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 de- scribed in subsection (b)(2). ‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— When an alien is granted the status of having been law- fully admitted for permanent residence under this sec- tion, the Secretary of State shall not be required to re- duce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].’’ FINGERPRINT CHECKS Pub. L. 103–317, title V, § 506(d), Aug. 26, 1994, 108 Stat. 1766, provided that: ‘‘The Immigration and Naturaliza- tion Service shall conduct full fingerprint identifica- tion checks through the Federal Bureau of Investiga- tion for all individuals over sixteen years of age adjust- ing immigration status in the United States pursuant to this section [amending this section and section 1182 of this title and enacting provisions set out as a note under section 1182 of this title].’’ ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF PEOPLE’S REPUBLIC OF CHINA Pub. L. 102–404, Oct. 9, 1992, 106 Stat. 1969, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Chinese Student Pro- tection Act of 1992’. ‘‘SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE’S REPUBLIC OF CHINA. ‘‘(a) IN GENERAL.—Subject to subsection (c)(1), when- ever an alien described in subsection (b) applies for ad- justment of status under section 245 of the Immigration and Nationality Act [8 U.S.C. 1255] during the applica- tion period (as defined in subsection (e)) the following rules shall apply with respect to such adjustment: ‘‘(1) The alien shall be deemed to have had a peti- tion 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)]. ‘‘(2) The application shall be considered without re- gard to whether an immigrant visa number is imme- diately available at the time the application is filed. ‘‘(3) In determining the alien’s admissibility as an immigrant, and the alien’s eligibility for an immi- grant visa— Page 365 TITLE 8—ALIENS AND NATIONALITY § 1255 ‘‘(A) 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 ‘‘(B) 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 para- graph (3)) of such Act with respect to such adjust- ment for humanitarian purposes, for purposes of as- suring family unity, or if otherwise in the public in- terest. ‘‘(4) The numerical level of section 202(a)(2) of such Act [8 U.S.C. 1152(a)(2)] shall not apply. ‘‘(5) Section 245(c) of such Act [8 U.S.C. 1255(c)] shall not apply. ‘‘(b) ALIENS COVERED.—For purposes of this section, an alien described in this subsection is an alien who— ‘‘(1) 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 April 11, 1990; ‘‘(2) has resided continuously in the United States since April 11, 1990 (other than brief, casual, and inno- cent absences); and ‘‘(3) was not physically present in the People’s Re- public of China for longer than 90 days after such date and before the date of the enactment of this Act [Oct. 9, 1992]. ‘‘(c) CONDITION; DISSEMINATION OF INFORMATION.— ‘‘(1) 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. ‘‘(2) DISSEMINATION OF INFORMATION.—If the Presi- dent has not made the certification described in para- graph (1) by the first day of the application period, the Attorney General shall, subject to the avail- ability of appropriations, immediately broadly dis- seminate to aliens described in subsection (b)(1) in- formation 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. ‘‘(d) OFFSET IN PER COUNTRY NUMERICAL LEVEL.— ‘‘(1) IN GENERAL.—The numerical level under sec- tion 202(a)(2) of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)] applicable to natives of the Peo- ple’s Republic of China in each applicable fiscal year (as defined in paragraph (3)) shall be reduced by 1,000. ‘‘(2) ALLOTMENT IF SECTION 202(e) APPLIES.—If sec- tion 202(e) of the Immigration and Nationality Act is applied to the People’s Republic of China in an appli- cable fiscal year, in applying such section— ‘‘(A) 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 ‘‘(B) 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. ‘‘(3) APPLICABLE FISCAL YEAR.— ‘‘(A) IN GENERAL.—In this subsection, the term ‘applicable fiscal year’ means each fiscal year dur- ing the period— ‘‘(i) beginning with the fiscal year in which the application period begins; and ‘‘(ii) 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 sta- tus has been adjusted under section 245 of the Im- migration and Nationality Act [8 U.S.C. 1255] pur- suant to subsection (a). ‘‘(B) 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 im- migration level under section 202(a)(2) of the Immi- gration and Nationality Act for the People’s Repub- lic 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. ‘‘(e) APPLICATION PERIOD DEFINED.—In this section, the term ‘application period’ means the 12-month pe- riod beginning July 1, 1993.’’ ADJUSTMENT OF STATUS FOR CERTAIN H–1 NONIMMIGRANT NURSES Pub. L. 101–238, § 2, Dec. 18, 1989, 103 Stat. 2099, as amended by Pub. L. 101–649, title I, § 162(f)(1), Nov. 29, 1990, 104 Stat. 5011; Pub. L. 102–232, title III, §§ 302(e)(10), 307(l)(10), Dec. 12, 1991, 105 Stat. 1746, 1757, provided that: ‘‘(a) IN GENERAL.—The numerical limitations of sec- tions 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall not apply to the adjust- ment of status under section 245 of such Act [8 U.S.C. 1255] of an immigrant, and the immigrant’s accom- panying spouse and children— ‘‘(1) who, as of September 1, 1989, has the status of a nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to per- form services as a registered nurse, ‘‘(2) who, for at least 3 years before the date of ap- plication for adjustment of status (whether or not be- fore, on, or after, the date of the enactment of this Act [Dec. 18, 1989]), has been employed as a registered nurse in the United States, and ‘‘(3) whose continued employment as a registered nurse in the United States meets the standards estab- lished 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. ‘‘(b) TRANSITION.—For purposes of adjustment of sta- tus under section 245 of the Immigration and Nation- ality Act [8 U.S.C. 1255] in the case of an alien who, as of September 1, 1989, is present in the United States in the status of a nonimmigrant under section 101(a)(15)(H)(i) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to perform services as a registered nurse, who, as of Sep- tember 1, 1989, is present in the United States and had been admitted to the United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status, or who is the spouse or child of such an alien, unauthorized em- ployment performed before the date of the enactment of the Immigration Act of 1990 [Nov. 29, 1990] shall not be taken into account in applying section 245(c)(2) of the Immigration and Nationality Act and such an alien shall be considered as having continued to maintain lawful status throughout his or her stay in the United States as a nonimmigrant until the end of the 120-day period beginning on the date the Attorney General pro- mulgates regulations carrying out the amendments made by section 162(f)(1) of the Immigration Act of 1990 [Pub. L. 101–649, amending this note]. ‘‘(c) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVISIONS.—The definitions contained in the Im- migration 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 sta- tus of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provi- sion of law for which the alien may be eligible. ‘‘(d) APPLICATION PERIOD.—The alien, and accom- panying spouse and children, must apply for such ad- justment within the 5-year period beginning on the date the Attorney General promulgates regulations re- quired under subsection (a).’’ [Pub. L. 102–232, title III, § 302(e)(10), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by sec- tion 302(e)(10) to section 2(b) of Pub. L. 101–238, set out above, is effective as if included in the Immigration Nursing Relief Act of 1989, Pub. L. 101–238.] Page 366 TITLE 8—ALIENS AND NATIONALITY § 1255 [Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by sec- tion 307(l) to section 2(a)(3) of Pub. L. 101–238, set out above, is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.] ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE PAROLEES Pub. L. 106–429, § 101(a) [title V, § 586], Nov. 6, 2000, 114 Stat. 1900, 1900A–57, as amended by Pub. L. 108–447, div. D, title V, § 534(m)(1)–(6), Dec. 8, 2004, 118 Stat. 3007, pro- vided that: ‘‘(a) The status of certain aliens from Vietnam, Cam- bodia, and Laos described in subsection (b) of this sec- tion may be adjusted by the Secretary of Homeland Se- curity, under such regulations as the Secretary of Homeland Security may prescribe, to that of an alien lawfully admitted permanent residence if— ‘‘(1) the alien makes an application for such adjust- ment and pays the appropriate fee; ‘‘(2) the alien is otherwise eligible to receive an im- migrant visa and is otherwise admissible to the United States for permanent residence except as de- scribed in subsection (c); and ‘‘(3) the alien had been physically present in the United States prior to October 1, 1997. ‘‘(b) The benefits provided by subsection (a) shall apply to any alien who is a native or citizen of Viet- nam, Laos, or Cambodia and who was inspected and pa- roled into the United States before October 1, 1997 and was physically present in the United States on October 1, 1997; and ‘‘(1) was paroled into the United States from Viet- nam under the auspices of the Orderly Departure Pro- gram; or ‘‘(2) was paroled into the United States from a ref- ugee camp in East Asia; or ‘‘(3) was paroled into the United States from a dis- placed person camp administered by the United Na- tions High Commissioner for Refugees in Thailand. ‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMIS- SIBILITY.—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 ex- treme hardship to the alien or the alien’s spouse, par- ent, son or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent res- idence. 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. ‘‘(d) 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). ‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— When an alien is granted the status of having been law- fully admitted for permanent residence under this sec- tion the Secretary of State shall not be required to re- duce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]. ‘‘(f) ADJUDICATION OF APPLICATIONS.—The Secretary of Homeland Security shall— ‘‘(1) 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 ‘‘(2) not charge a fee in addition to any fee that pre- viously was submitted with such application.’’ [Pub. L. 108–447, div. D, title V, § 534(m)(7), Dec. 8, 2004, 118 Stat. 3007, provided that: ‘‘The amendments made by this subsection [amending section 101(a) [title V, § 586] of Pub. L. 106–429, set out above] shall take ef- fect as if enacted as part of the Foreign Operations, Ex- port Financing, and Related Programs Appropriations Act, 2001 [Pub. L. 106–429].’’] Pub. L. 101–167, title V, § 599E, Nov. 21, 1989, 103 Stat. 1263, as amended by Pub. L. 101–513, title V, § 598(b), Nov. 5, 1990, 104 Stat. 2063; Pub. L. 101–649, title VI, § 603(a)(22), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232, title III, § 307(l)(9), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 102–391, title V, § 582(a)(2), (b)(2), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102–511, title IX, § 905(b)(2), Oct. 24, 1992, 106 Stat. 3356; Pub. L. 103–236, title V, § 512(2), Apr. 30, 1994, 108 Stat. 466; Pub. L. 103–416, title II, § 219(bb), Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 575(2)], Sept. 30, 1996, 110 Stat. 3009–121, 3009–168; Pub. L. 104–319, title I, § 101(2), Oct. 19, 1996, 110 Stat. 3865; Pub. L. 105–118, title V, § 574(2), Nov. 26, 1997, 111 Stat. 2432; Pub. L. 105–277, div. A, § 101(f) [title VII, § 705(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–389; Pub. L. 106–113, div. B, § 1000(a)(4) [title II, § 214(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A–240; Pub. L. 106–554, § 1(a)(1) [title II, § 212(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–27; Pub. L. 107–116, title II, § 213(2), Jan. 10, 2002, 115 Stat. 2200; Pub. L. 108–7, div. G, title II, § 213(2), Feb. 20, 2003, 117 Stat. 324; Pub. L. 108–199, div. E, title II, § 213(2), Jan. 23, 2004, 118 Stat. 253; Pub. L. 108–447, div. F, title II, § 213(2), Dec. 8, 2004, 118 Stat. 3140; Pub. L. 109–102, title V, § 534(m)(2), Nov. 14, 2005, 119 Stat. 2211; Pub. L. 109–289, div. B, title II, § 20412(b)(2), as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 25; Pub. L. 110–161, div. J, title VI, § 634(k)(2), Dec. 26, 2007, 121 Stat. 2329; Pub. L. 111–8, div. H, title VII, § 7034(g)(2), Mar. 11, 2009, 123 Stat. 878; Pub. L. 111–117, div. F, title VII, § 7034(f)(2), Dec. 16, 2009, 123 Stat. 3361; Pub. L. 112–10, div. B, title XI, § 2121(m)(2), Apr. 15, 2011, 125 Stat. 186; Pub. L. 112–74, div. I, title VII, § 7034(r)(2), Dec. 23, 2011, 125 Stat. 1218; Pub. L. 113–6, div. F, title VII, § 1706(h)(2), Mar. 26, 2013, 127 Stat. 430; Pub. L. 113–76, div. K, title VII, § 7034(m)(8)(B), Jan. 17, 2014, 128 Stat. 516; Pub. L. 113–235, div. J, title VII, § 7034(l)(8)(B), Dec. 16, 2014, 128 Stat. 2625; Pub. L. 114–113, div. K, title VII, § 7034(k)(8)(B), Dec. 18, 2015, 129 Stat. 2765; Pub. L. 115–31, div. J, title VII, § 7034(k)(5)(B), May 5, 2017, 131 Stat. 651; Pub. L. 115–141, div. K, title VII, § 7034(l)(5)(B), Mar. 23, 2018, 132 Stat. 895; Pub. L. 116–6, div. F, title VII, § 7034(m)(5)(B), Feb. 15, 2019, 133 Stat. 327; Pub. L. 116–94, div. G, title VII, § 7034(l)(5)(B), Dec. 20, 2019, 133 Stat. 2873; Pub. L. 116–260, div. K, title VII, § 7034(l)(5)(B), Dec. 27, 2020, 134 Stat. 1750; Pub. L. 117–103, div. K, title VII, § 7034(l)(5)(B), Mar. 15, 2022, 136 Stat. 623; Pub. L. 117–328, div. K, title VII, § 7034(l)(2)(B), Dec. 29, 2022, 136 Stat. 5033; Pub. L. 118–47, div. F, title VII, § 7034(k)(2)(B), Mar. 23, 2024, 138 Stat. 791, provided that: ‘‘(a) 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 resi- dence if the alien— ‘‘(1) applies for such adjustment, ‘‘(2) 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, ‘‘(3) is admissible to the United States as an immi- grant, except as provided in subsection (c), and ‘‘(4) pays a fee (determined by the Attorney Gen- eral) for the processing of such application. ‘‘(b) ALIENS ELIGIBLE FOR ADJUSTMENT OF STATUS.— The benefits provided in subsection (a) shall only apply to an alien who— ‘‘(1) was a national of an independent state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and ‘‘(2) was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 2024, after being denied refugee status. ‘‘(c) WAIVER OF CERTAIN GROUNDS FOR INADMIS- SIBILITY.—The provisions of paragraphs (4), (5), and Page 367 TITLE 8—ALIENS AND NATIONALITY § 1255 (7)(A) of section 212(a) of the Immigration and Nation- ality Act [8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the At- torney 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 as- sure family unity, or when it is otherwise in the public interest. ‘‘(d) 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). ‘‘(e) NO OFFSET IN NUMBER OF VISAS AVAILABLE.— When an alien is granted the status of having been law- fully admitted for permanent residence under this sec- tion, the Secretary of State shall not be required to re- duce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.].’’ [Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by sec- tion 307(l) to section 599E of Pub. L. 101–167, set out above, is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.] Pub. L. 95–145, title I, §§ 101–107, Oct. 28, 1977, 91 Stat. 1223, as amended by Pub. L. 96–212, title II, § 203(i), Mar. 17, 1980, 94 Stat. 108, provided that status of alien who was native or citizen of Vietnam, Laos, or Cambodia, and was paroled into United States as refugee between Mar. 31, 1975, and Jan. 1, 1979, or was inspected and ad- mitted or paroled into United States on or before Mar. 31, 1975, and was physically present in United States on Mar. 31, 1975, could be adjusted by Attorney General to that of an alien lawfully admitted for permanent resi- dence if alien applied for such adjustment within six years after Oct. 28, 1977, and met certain other eligi- bility requirements. ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RE- SIDING IN THE VIRGIN ISLANDS TO PERMANENT RESI- DENT ALIEN STATUS Pub. L. 97–271, Sept. 30, 1982, 96 Stat. 1157, as amended by Pub. L. 101–649, title I, § 162(e)(6), Nov. 29, 1990, 104 Stat. 5011, provided that status of alien who was in- spected and admitted to Virgin Islands of the United States as a nonimmigrant alien worker under section 1101(a)(15)(H)(ii) of this title, or as spouse or minor child of such worker, and had resided continuously in Virgin Islands of the United States since June 30, 1975, could be adjusted by Attorney General to that of an alien lawfully admitted for permanent residence if alien applied for such adjustment during one-year pe- riod beginning Sept. 30, 1982, and met certain other eli- gibility requirements. DEVELOPMENT OF ELIGIBILITY CRITERIA FOR ADMISSION OF REFUGEES FROM CAMBODIA Pub. L. 95–624, § 16, Nov. 9, 1978, 92 Stat. 3465, provided that: ‘‘The Attorney General, in consultation with the Congress, shall develop special eligibility criteria under the current United States parole program for Indochina Refugees which would enable a larger number of refu- gees from Cambodia to qualify for admission to the United States.’’ CUBAN REFUGEES: ADJUSTMENT OF STATUS Pub. L. 104–208, div. C, title VI, § 606, Sept. 30, 1996, 110 Stat. 3009–695 provided that: ‘‘(a) 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 democrat- ically elected government in Cuba is in power. ‘‘(b) LIMITATION.—Subsection (a) shall not apply to aliens for whom an application for adjustment of status is pending on such effective date.’’ Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, as amended by Pub. L. 94–571, § 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96–212, title II, § 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L. 106–386, div. B, title V, § 1509(a), Oct. 28, 2000, 114 Stat. 1530; Pub. L. 109–162, title VIII, § 823(a), Jan. 5, 2006, 119 Stat. 3063, provided: ‘‘That, notwithstanding the provi- sions of section 245(c) of the Immigration and Nation- ality Act [subsec. (c) of this section], the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been phys- ically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may pre- scribe, to that of an alien lawfully admitted for perma- nent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an ap- plication for adjustment of status, the Attorney Gen- eral shall create a record of the alien’s admission for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this sub- section, regardless of their citizenship and place of birth, who are residing with such alien in the United States, except that such spouse or child who has been battered or subjected to extreme cruelty may adjust to permanent resident status under this Act without dem- onstrating that he or she is residing with the Cuban spouse or parent in the United States. In acting on ap- plications under this section with respect to spouses or children who have been battered or subjected to ex- treme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(J) [probably means sec- tion 204(a)(1)(J) of the Immigration and Nationality Act, which is classified to section 1154(a)(1)(J) of this title]. An alien who was the spouse of any Cuban alien described in this section and has resided with such spouse shall continue to be treated as such a spouse for 2 years after the date on which the Cuban alien dies (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthor- ization Act of 2005) [Jan. 5, 2006], or for 2 years after the date of termination of the marriage (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthorization Act of 2005) if there is demonstrated a connection between the ter- mination of the marriage and the battering or extreme cruelty by the Cuban alien. ‘‘SEC. 2. In the case of any alien described in section 1 of this Act who prior to the effective date thereof [Nov. 2, 1966], has been lawfully admitted into the United States for permanent residence, the Attorney General shall, upon application, record his admission for permanent residence as of the date the alien origi- nally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act [Nov. 2, 1966], whichever date is later. ‘‘SEC. 3. Section 13 of the Act entitled ‘An Act to amend the Immigration and Nationality Act, and for other purposes’, approved October 3, 1965 (Public Law 89–236) [amending subsecs. (b) and (c) of this section] is amended by adding at the end thereof the following new subsection: ‘‘ ‘(c) Nothing contained in subsection (b) of this sec- tion [amending subsec. (c) of this section] shall be con- strued to affect the validity of any application for ad- justment under section 245 [this section] filed with the Attorney General prior to December 1, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act [Pub. L. 89–236] are, unless oth- erwise specifically provided therein, continued in force and effect.’ ‘‘SEC. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101(a) and Page 368 TITLE 8—ALIENS AND NATIONALITY § 1255a (b) of the Immigration and Nationality Act [section 1101(a), (b) of this title] shall apply in the administra- tion 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 Attor- ney General in the administration and enforcement of the Immigration and Nationality Act [this chapter] or any other law relating to immigration, nationality, or naturalization. ‘‘SEC. 5. The approval of an application for adjust- ment 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 Amend- ments of 1976 [see Effective Date of 1976 Amendment note above].’’ [Pub. L. 109–162, title VIII, § 823(b), Jan. 5, 2006, 119 Stat. 3063, provided that: ‘‘The amendment made by subsection (a)(1) [amending Pub. L. 89–732 set out above] shall take effect as if included in the enactment of the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491).’’] [Pub. L. 106–386, div. B, title V, § 1509(b), Oct. 28, 2000, 114 Stat. 1531, provided that: ‘‘The amendment made by subsection (a) [amending Pub. L. 89–732 set out above] shall be effective as if included in subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq. [see Tables for classification].)’’] [Pub. L. 96–212, title II, § 204(b)(1)(C), Mar. 17, 1980, 94 Stat. 108, provided that the amendment made by sec- tion 204(b)(1)(C) to section 1 of Pub. L. 89–732, set out above, is effective immediately before Apr. 1, 1980.] § 1255a. Adjustment of status of certain entrants before January 1, 1982, to that of person ad- mitted 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 (as in effect before October 1, 1996), must make application under this sec- tion not later than the end of the 30-day pe- riod 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 Attor- ney General may require, including informa- tion 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. (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 applica- tion 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 Govern- ment as of such date. (C) Exchange visitors If the alien was at any time a non- immigrant exchange alien (as defined in sec- tion 1101(a)(15)(J) of this title), the alien must establish that the alien was not sub- ject to the two-year foreign residence re- quirement of section 1182(e) of this title or has fulfilled that requirement or received a waiver thereof. (3) Continuous physical presence since Novem- ber 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 pres- ence 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 admis- sion 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, re- ligion, nationality, membership in a par- ticular social group, or political opinion, and (D) is registered or registering under the Military Selective Service Act [50 U.S.C. 3801 et seq.], if the alien is required to be so reg- istered under that Act. For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant de-