8 U.S.C. § 1256 — Rescission of adjustment of status; effect

Page 379 TITLE 8—ALIENS AND NATIONALITY § 1257 EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. DEFINITIONS; APPLICABILITY OF SECTION 1101(a) AND (b) OF THIS TITLE The definitions in subsecs. (a) and (b) of section 1101 of this title apply to this section, see section 14 of Pub. L. 85–316, set out as a note under section 1101 of this title. § 1256. Rescission of adjustment of status; effect upon naturalized citizen (a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent res- idence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such per- son if that occurred and the person shall there- upon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status. (b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent resi- dence, created as a result of an adjustment of status for which such person was not in fact eli- gible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 1451 of this title as a person whose naturalization was procured by concealment of a material fact or by willful mis- representation. (June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217; Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(H), 378(a), Sept. 30, 1996, 110 Stat. 3009–619, 3009–649.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–208, § 378(a), inserted at end ‘‘Nothing in this subsection shall require the At- torney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of re- moval issued by an immigration judge shall be suffi- cient to rescind the alien’s status.’’ Pub. L. 104–208, § 308(e)(1)(H), substituted ‘‘removal’’ for ‘‘deportation’’. 1994—Subsec. (a). Pub. L. 103–416 struck out first three sentences which read as follows: ‘‘If, at any time within five years after the status of a person has been adjusted under the provisions of section 1254 of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfac- tion of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attor- ney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provi- sions of law in the case. Such reports shall be sub- mitted on the first and fifteenth day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(e)(1)(H) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Pub. L. 104–208, div. C, title III, § 378(b), Sept. 30, 1996, 110 Stat. 3009–649, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title]).’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317, provided that the amendment made by section 219(m) is effective as of Oct. 25, 1994. 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. REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of carrying out this chapter, any ref- erence in law to an order of removal is deemed to in- clude a reference to an order of exclusion and deporta- tion or an order of deportation, see section 309(d)(2) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. § 1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions (a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admis- sion or subsequently acquires an occupational status which would, if he were seeking admis- sion to the United States, entitle him to a non-