8 U.S.C. § 1254b — Collection of fees under temporary pro-

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