8 U.S.C. § 1229b — Cancellation of removal; adjustment of

Page 318 TITLE 8—ALIENS AND NATIONALITY § 1229b tions shall not apply’’ for ‘‘The deadline specified in subsection (b)(5)(C) of this section for filing a motion to reopen does not apply’’ in introductory provisions. Subsec. (c)(7)(C)(iv)(I). Pub. L. 109–162, § 825(a)(2)(C), which directed substitution of ‘‘, section 1229b(b) of this title, or section 1254(a)(3) of this title (as in effect on March 31, 1997)’’ for ‘‘or section 1229b(b) of this title’’, was executed by making the substitution for ‘‘or section 1229b(b)(2) of this title’’, to reflect the probable intent of Congress. Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109–162, § 825(a)(2)(D)–(F), added subcl. (IV). Subsec. (e)(1). Pub. L. 109–162, § 813(a)(1), substituted ‘‘battery or extreme cruelty to the alien or any child or parent of the alien, serious illness of the alien,’’ for ‘‘serious illness of the alien’’. 2005—Subsec. (c)(4) to (7). Pub. L. 109–13 added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), re- spectively. 2000—Subsec. (c)(6)(C)(iv). Pub. L. 106–386 added cl. (iv). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–162, title VIII, § 813(a)(2), Jan. 5, 2006, 119 Stat. 3058, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to a failure to appear that occurs before, on, or after the date of the enactment of this Act [Jan. 5, 2006].’’ EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–13 effective May 11, 2005, and applicable to applications for asylum, withholding, or other relief from removal made on or after such date, see section 101(h)(2) of Pub. L. 109–13, set out as a note under section 1158 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–386, div. B, title V, § 1506(c)(1)(B), Oct. 28, 2000, 114 Stat. 1528, provided that: ‘‘The amendment made by subparagraph (A) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229–1229c) [Pub. L. 104–208].’’ EFFECTIVE DATE Section effective, with certain transitional provi- sions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title. Subsec. (c)(3)(B), (C) of this section applicable to proving convictions entered before, on, or after Sept. 30, 1996, see section 322(c) of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under sec- tion 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. ELIMINATION OF TIME LIMITATIONS ON MOTIONS TO RE- OPEN DEPORTATION PROCEEDINGS FOR VICTIMS OF DO- MESTIC VIOLENCE Pub. L. 106–386, div. B, title V, § 1506(c)(2), Oct. 28, 2000, 114 Stat. 1528, as amended by Pub. L. 109–162, title VIII, §§ 814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that: ‘‘(A)(i) IN GENERAL.—Notwithstanding any limitation imposed by law on motions to reopen or rescind depor- tation proceedings under the Immigration and Nation- ality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Im- migration Reform and Immigrant Responsibility Act of 1996 [Pub. L. 104–208] (8 U.S.C. 1101 note))— ‘‘(I) there is no time limit on the filing of a motion to reopen such proceedings, and the deadline specified in section 242B(c)(3) of the Immigration and Nation- ality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) does not apply— ‘‘(aa) if the basis of the motion is to apply for re- lief under clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in effect) (8 U.S.C. 1254(a)(3)); and ‘‘(bb) if the motion is accompanied by a suspen- sion of deportation application to be filed with the Secretary of Homeland Security or by a copy of the self-petition that will be filed with the Department of Homeland Security upon the granting of the mo- tion to reopen; and ‘‘(II) any such limitation shall not apply so as to prevent the filing of one motion to reopen described in section 240(c)(7)(C)(iv) of the Immigration and Na- tionality Act (8 U.S.C. 1229a(c)(7)). ‘‘(ii) PRIMA FACIE CASE.—The filing of a motion to re- open under this subparagraph shall only stay the re- moval of a qualified alien (as defined in section 431(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)(1)(B))[)] pending the final disposition of the mo- tion, including exhaustion of all appeals if the motion establishes that the alien is a qualified alien. ‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to motions filed by aliens who are physically present in the United States and who— ‘‘(i) are, or were, in deportation or exclusion pro- ceedings under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect before the title III–A effective date in section 309 of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note)); and ‘‘(ii) have become eligible to apply for relief de- scribed in subparagraph (A)(i) as a result of the amendments made by— ‘‘(I) 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]; or ‘‘(II) this title [see Short Title of 2000 Amendment note set out under section 1101 of this title].’’ REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION AND DEPORTATION For purposes of this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of de- portation, 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. § 1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain perma- nent residents The Attorney General may cancel removal in the case of an alien who is inadmissible or de- portable from the United States if the alien— (1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in the United States continu- ously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony. Page 319 TITLE 8—ALIENS AND NATIONALITY § 1229b (b) Cancellation of removal and adjustment of status for certain nonpermanent residents (1) In general The Attorney General may cancel removal of, and adjust to the status of an alien law- fully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien— (A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (B) has been a person of good moral char- acter during such period; (C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and (D) establishes that removal would result in exceptional and extremely unusual hard- ship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent resi- dence. (2) Special rule for battered spouse or child (A) Authority The Attorney General may cancel removal of, and adjust to the status of an alien law- fully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that— (i)(I) the alien has been battered or sub- jected to extreme cruelty by a spouse or parent who is or was a United States cit- izen (or is the parent of a child of a United States citizen and the child has been bat- tered or subjected to extreme cruelty by such citizen parent); (II) the alien has been battered or sub- jected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such per- manent resident parent); or (III) the alien has been battered or sub- jected to extreme cruelty by a United States citizen or lawful permanent resi- dent whom the alien intended to marry, but whose marriage is not legitimate be- cause of that United States citizen’s or lawful permanent resident’s bigamy; (ii) the alien has been physically present in the United States for a continuous pe- riod of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3- year period of continuous physical pres- ence in the United States; (iii) the alien has been a person of good moral character during such period, sub- ject to the provisions of subparagraph (C); (iv) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title, is not deportable under para- graphs (1)(G) or (2) through (4) of section 1227(a) of this title, subject to paragraph (5), and has not been convicted of an aggra- vated felony; and (v) the removal would result in extreme hardship to the alien, the alien’s child, or the alien’s parent. (B) Physical presence Notwithstanding subsection (d)(2), for pur- poses of subparagraph (A)(ii) or for purposes of section 1254(a)(3) of this title (as in effect before the title III–A effective date in sec- tion 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), an alien shall not be considered to have failed to maintain continuous physical pres- ence by reason of an absence if the alien demonstrates a connection between the ab- sence and the battering or extreme cruelty perpetrated against the alien. No absence or portion of an absence connected to the bat- tering or extreme cruelty shall count toward the 90-day or 180-day limits established in subsection (d)(2). If any absence or aggregate absences exceed 180 days, the absences or portions of the absences will not be consid- ered to break the period of continuous pres- ence. Any such period of time excluded from the 180-day limit shall be excluded in com- puting the time during which the alien has been physically present for purposes of the 3- year requirement set forth in this subpara- graph, subparagraph (A)(ii), and section 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). (C) Good moral character Notwithstanding section 1101(f) of this title, an act or conviction that does not bar the Attorney General from granting relief under this paragraph by reason of subpara- graph (A)(iv) shall not bar the Attorney Gen- eral from finding the alien to be of good moral character under subparagraph (A)(iii) or section 1254(a)(3) of this title (as in effect before the title III–A effective date in sec- tion 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), if the Attorney General finds that the act or conviction was connected to the alien’s hav- ing been battered or subjected to extreme cruelty and determines that a waiver is oth- erwise warranted. (D) Credible evidence considered In acting on applications under this para- graph, the Attorney General shall consider any credible evidence relevant to the appli- cation. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. (3) Recordation of date With respect to aliens who the Attorney General adjusts to the status of an alien law- fully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date of the At- Page 320 TITLE 8—ALIENS AND NATIONALITY § 1229b torney General’s cancellation of removal under paragraph (1) or (2). (4) Children of battered aliens and parents of battered alien children (A) In general The Attorney General shall grant parole under section 1182(d)(5) of this title to any alien who is a— (i) child of an alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996); or (ii) parent of a child alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Re- sponsibility Act of 1996). (B) Duration of parole The grant of parole shall extend from the time of the grant of relief under subsection (b)(2) or section 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Re- form and Immigrant Responsibility Act of 1996) to the time the application for adjust- ment of status filed by aliens covered under this paragraph has been finally adjudicated. Applications for adjustment of status filed by aliens covered under this paragraph shall be treated as if the applicants were VAWA self-petitioners. Failure by the alien granted relief under subsection (b)(2) or section 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) may re- sult in revocation of parole. (5) Application of domestic violence waiver au- thority The authority provided under section 1227(a)(7) of this title may apply under para- graphs (1)(B), (1)(C), and (2)(A)(iv) in a can- cellation of removal and adjustment of status proceeding. (6) Relatives of trafficking victims (A) In general Upon written request by a law enforce- ment official, the Secretary of Homeland Se- curity may parole under section 1182(d)(5) of this title any alien who is a relative of an alien granted continued presence under sec- tion 7105(c)(3)(A) of title 22, if the relative— (i) was, on the date on which law en- forcement applied for such continued pres- ence— (I) in the case of an alien granted con- tinued presence who is under 21 years of age, the spouse, child, parent, or unmar- ried sibling under 18 years of age, of the alien; or (II) in the case of an alien granted con- tinued presence who is 21 years of age or older, the spouse or child of the alien; or (ii) is a parent or sibling of the alien who the requesting law enforcement official, in consultation with the Secretary of Home- land Security, as appropriate, determines to be in present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement, irrespective of age. (B) Duration of parole (i) In general The Secretary may extend the parole granted under subparagraph (A) until the final adjudication of the application filed by the principal alien under section 1101(a)(15)(T)(ii) of this title. (ii) Other limits on duration If an application described in clause (i) is not filed, the parole granted under sub- paragraph (A) may extend until the later of— (I) the date on which the principal alien’s authority to remain in the United States under section 7105(c)(3)(A) of title 22 is terminated; or (II) the date on which a civil action filed by the principal alien under section 1595 of title 18 is concluded. (iii) Due diligence Failure by the principal alien to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) of subparagraph (A), or in pursuing the civil action described in clause (ii)(II) (as determined by the Secretary of Homeland Security in consultation with the Attor- ney General), may result in revocation of parole. (C) Other limitations A relative may not be granted parole under this paragraph if— (i) the Secretary of Homeland Security or the Attorney General has reason to be- lieve that the relative was knowingly complicit in the trafficking of an alien permitted to remain in the United States under section 7105(c)(3)(A) of title 22; or (ii) the relative is an alien described in paragraph (2) or (3) of section 1182(a) of this title or paragraph (2) or (4) of section 1227(a) of this title. (c) Aliens ineligible for relief The provisions of subsections (a) and (b)(1) shall not apply to any of the following aliens: (1) An alien who entered the United States as a crewman subsequent to June 30, 1964. (2) An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of this title, or has acquired the status of such a non- immigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence requirement of section 1182(e) of this title. (3) An alien who— (A) was admitted to the United States as a nonimmigrant exchange alien as defined in Page 321 TITLE 8—ALIENS AND NATIONALITY § 1229b section 1101(a)(15)(J) of this title or has ac- quired the status of such a nonimmigrant exchange alien after admission other than to receive graduate medical education or train- ing, (B) is subject to the two-year foreign resi- dence requirement of section 1182(e) of this title, and (C) has not fulfilled that requirement or received a waiver thereof. (4) An alien who is inadmissible under sec- tion 1182(a)(3) of this title or deportable under section 1227(a)(4) of this title. (5) An alien who is described in section 1231(b)(3)(B)(i) of this title. (6) An alien whose removal has previously been cancelled under this section or whose de- portation was suspended under section 1254(a) of this title or who has been granted relief under section 1182(c) of this title, as such sec- tions were in effect before September 30, 1996. (d) Special rules relating to continuous residence or physical presence (1) Termination of continuous period For purposes of this section, any period of continuous residence or continuous physical presence in the United States shall be deemed to end (A) except in the case of an alien who applies for cancellation of removal under sub- section (b)(2), when the alien is served a notice to appear under section 1229(a) of this title, or (B) when the alien has committed an offense referred to in section 1182(a)(2) of this title that renders the alien inadmissible to the United States under section 1182(a)(2) of this title or removable from the United States under section 1227(a)(2) or 1227(a)(4) of this title, whichever is earliest. (2) Treatment of certain breaks in presence An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsections (b)(1) and (b)(2) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days. (3) Continuity not required because of honor- able service in Armed Forces and presence upon entry into service The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) shall not apply to an alien who— (A) has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of the alien’s enlistment or induction was in the United States. (e) Annual limitation (1) Aggregate limitation Subject to paragraphs (2) and (3), the Attor- ney General may not cancel the removal and adjust the status under this section, nor sus- pend the deportation and adjust the status under section 1254(a) of this title (as in effect before September 30, 1996), of a total of more than 4,000 aliens in any fiscal year. The pre- vious sentence shall apply regardless of when an alien applied for such cancellation and ad- justment, or such suspension and adjustment, and whether such an alien had previously ap- plied for suspension of deportation under such section 1254(a) of this title. The numerical lim- itation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the sta- tus) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 1254(a) of this title. (2) Fiscal year 1997 For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. Notwithstanding any other provision of law, the Attorney General may cancel the removal or suspend the depor- tation, in addition to the normal allotment for fiscal year 1998, of a number of aliens equal to 4,000 less the number of such cancellations of removal and suspensions of deportation grant- ed in fiscal year 1997 after April 1, 1997. (3) Exception for certain aliens Paragraph (1) shall not apply to the fol- lowing: (A) Aliens described in section 309(c)(5)(C)(i) of the Illegal Immigration Re- form and Immigrant Responsibility Act of 1996 (as amended by the Nicaraguan Adjust- ment and Central American Relief Act). (B) Aliens in deportation proceedings prior to April 1, 1997, who applied for suspension of deportation under section 1254(a)(3) of this title (as in effect before September 30, 1996). (June 27, 1952, ch. 477, title II, ch. 4, § 240A, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–594; amended Pub. L. 105–100, title II, § 204(a)–(c), Nov. 19, 1997, 111 Stat. 2200, 2201; Pub. L. 106–386, div. B, title V, §§ 1504(a), (b), 1505(b)(2), 1506(b)(1), Oct. 28, 2000, 114 Stat. 1522, 1524, 1525, 1527; Pub. L. 109–162, title VIII, §§ 813(c)(1), 822(a), (b), Jan. 5, 2006, 119 Stat. 3058, 3062, 3063; Pub. L. 109–271, § 6(e), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–457, title II, § 205(b), Dec. 23, 2008, 122 Stat. 5062.) Editorial Notes REFERENCES IN TEXT Section 1254 of this title, referred to in subsecs. (b)(2)(B), (C), (4), (c)(6), and (e)(1), (3)(B), was repealed by Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615. Section 1182(c) of this title, referred to in subsec. (c)(6), was repealed by Pub. L. 104–208, div. C, title III, § 304(b), Sept. 30, 1996, 110 Stat. 3009–597. Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsecs. (b)(2)(B), (C), (4), and (e)(3)(A), is section 309 of title III of div. C of Pub. L. 104–208, which is set out as a note under section 1101 of this title. AMENDMENTS 2008—Subsec. (b)(6). Pub. L. 110–457 added par. (6). 2006—Subsec. (b)(1)(C). Pub. L. 109–162, § 813(c)(1)(A), substituted ‘‘, subject to paragraph (5)’’ for ‘‘(except in a case described in section 1227(a)(7) of this title where Page 322 TITLE 8—ALIENS AND NATIONALITY § 1229b the Attorney General exercises discretion to grant a waiver)’’. Subsec. (b)(2)(A)(iv). Pub. L. 109–162, § 813(c)(1)(B), substituted ‘‘, subject to paragraph (5)’’ for ‘‘(except in a case described in section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver)’’. Subsec. (b)(2)(B). Pub. L. 109–162, § 822(a)(2), which di- rected amendment of fourth sentence by substituting ‘‘this subparagraph, subparagraph (A)(ii),’’ for ‘‘sub- section (b)(2)(B) of this section’’, was executed by mak- ing the substitution for language which read in the original ‘‘section 240A(b)(2)(B)’’, to reflect the probable intent of Congress. Pub. L. 109–162, § 822(a)(1), substituted ‘‘(A)(ii)’’ for ‘‘(A)(i)(II)’’ in first sentence. Subsec. (b)(2)(C). Pub. L. 109–162, § 822(b), substituted ‘‘(A)(iii)’’ for ‘‘(A)(i)(III)’’. Subsec. (b)(4)(B). Pub. L. 109–271 substituted ‘‘the ap- plicants were VAWA self-petitioners’’ for ‘‘they were applications filed under section 1154(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of this title for purposes of section 1255 (a) and (c) of this title’’. Subsec. (b)(5). Pub. L. 109–162, § 813(c)(1)(C), added par. (5). 2000—Subsec. (b)(1)(C). Pub. L. 106–386, § 1505(b)(2), in- serted before semicolon ‘‘(except in a case described in section 1227(a)(7) of this title where the Attorney Gen- eral exercises discretion to grant a waiver)’’. Subsec. (b)(2). Pub. L. 106–386, § 1504(a), amended head- ing and text of par. (2) generally. Prior to amendment, text read as follows: ‘‘(2) The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that— ‘‘(A) the alien has been battered or subjected to ex- treme cruelty in the United States by a spouse or parent who is a United States citizen or lawful per- manent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to ex- treme cruelty in the United States by such citizen or permanent resident parent); ‘‘(B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such appli- cation; ‘‘(C) the alien has been a person of good moral char- acter during such period; ‘‘(D) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title, is not deport- able under paragraph (1)(G) or (2) through (4) of sec- tion 1227(a) of this title, and has not been convicted of an aggravated felony; and ‘‘(E) the removal would result in extreme hardship to the alien, the alien’s child, or (in the case of an alien who is a child) to the alien’s parent. In acting on applications under this paragraph, the Attorney General shall consider any credible evi- dence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discre- tion of the Attorney General.’’ Subsec. (b)(4). Pub. L. 106–386, § 1504(b), added par. (4). Subsec. (d)(1). Pub. L. 106–386, § 1506(b)(1), substituted ‘‘(A) except in the case of an alien who applies for can- cellation of removal under subsection (b)(2), when the alien is served a notice to appear under section 1229(a) of this title, or (B)’’ for ‘‘when the alien is served a no- tice to appear under section 1229(a) of this title or’’. 1997—Subsec. (b)(1), (2). Pub. L. 105–100, § 204(b), in in- troductory provisions, substituted ‘‘may cancel re- moval of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien’’ for ‘‘may cancel removal in the case of an alien’’. Subsec. (b)(3). Pub. L. 105–100, § 204(c), amended head- ing and text of par. (3) generally. Prior to amendment, text read as follows: ‘‘The Attorney General may adjust to the status of an alien lawfully admitted for perma- nent residence any alien who the Attorney General de- termines meets the requirements of paragraph (1) or (2). The number of adjustments under this paragraph shall not exceed 4,000 for any fiscal year. The Attorney General shall record the alien’s lawful admission for permanent residence as of the date the Attorney Gen- eral’s cancellation of removal under paragraph (1) or (2) or determination under this paragraph.’’ Subsec. (e). Pub. L. 105–100, § 204(a), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the sta- tus under section 1254(a) of this title (as in effect before September 30, 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply re- gardless of when an alien applied for such cancellation and adjustment and whether such an alien had pre- viously applied for suspension of deportation under such section 1254(a) of this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–386, div. B, title V, § 1504(c), Oct. 28, 2000, 114 Stat. 1524, provided that: ‘‘Any individual who be- comes eligible for relief by reason of the enactment of the amendments made by subsections (a) and (b) [amending this section], shall be eligible to file a mo- tion to reopen pursuant to section 240(c)(6)(C)(iv) [now 8 U.S.C. 1229a(c)(7)(C)(iv)]. The amendments made by subsections (a) and (b) shall take effect as if included in the enactment of section 304 of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587 [3009–587]). Such por- tions of the amendments made by subsection (b) that relate to section 244(a)(3) [8 U.S.C. 1254(a)(3)] (as in ef- fect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Re- sponsibility Act of 1996) shall take effect 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 classi- fication].’’ Pub. L. 106–386, div. B, title V, § 1506(b)(2), Oct. 28, 2000, 114 Stat. 1527, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587 [3009–587]).’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–100, title II, § 204(e), Nov. 19, 1997, 111 Stat. 2201, provided that: ‘‘The amendments made by this section [amending this section and provisions set out as a note under section 1101 of this title] shall take ef- fect as if included in the enactment of the Illegal Immi- gration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–546).’’ EFFECTIVE DATE Section effective on the first day of the first month beginning more than 180 days after Sept. 30, 1996, with certain transitional provisions including provision that subsec. (d)(1), (2) of this section be applicable to notices to appear issued before, on, or after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title. 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. Page 323 TITLE 8—ALIENS AND NATIONALITY § 1229c DISCRETION TO CONSENT TO AN ALIEN’S REAPPLICATION FOR ADMISSION Pub. L. 109–162, title VIII, § 813(b), Jan. 5, 2006, 119 Stat. 3058, provided that: ‘‘(1) IN GENERAL.—The Secretary of Homeland Secu- rity, the Attorney General, and the Secretary of State shall continue to have discretion to consent to an alien’s reapplication for admission after a previous order of removal, deportation, or exclusion. ‘‘(2) SENSE OF CONGRESS.—It is the sense of Congress that the officials described in paragraph (1) should par- ticularly consider exercising this authority in cases under the Violence Against Women Act of 1994 [Pub. L. 103–322, title IV, see Tables for classification], cases in- volving nonimmigrants described in subparagraph (T) or (U) of section 101(a)(15) of the Immigration and Na- tionality Act (8 U.S.C. 1101(a)(15)), and relief under sec- tion 240A(b)(2) [8 U.S.C. 1229b(b)(2)] or 244(a)(3) [8 U.S.C. 1254(a)(3)] of such Act (as in effect on March 31, 1997) pursuant to regulations under section 212.2 of title 8, Code of Federal Regulations.’’ DEFINITIONS For definition of the term ‘‘removable’’ used in sub- sec. (d)(1), see section 1229a(e) of this title. § 1229c. Voluntary departure (a) Certain conditions (1) In general The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense under this subsection, in lieu of being subject to proceedings under sec- tion 1229a of this title or prior to the comple- tion of such proceedings, if the alien is not de- portable under section 1227(a)(2)(A)(iii) or sec- tion 1227(a)(4)(B) of this title. (2) Period (A) In general Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days. (B) Three-year pilot program waiver During the period October 1, 2000, through September 30, 2003, and subject to subpara- graphs (C) and (D)(ii), the Attorney General may, in the discretion of the Attorney Gen- eral for humanitarian purposes, waive appli- cation of subparagraph (A) in the case of an alien— (i) who was admitted to the United States as a nonimmigrant visitor (de- scribed in section 1101(a)(15)(B) of this title) under the provisions of the visa waiver pilot program established pursuant to section 1187 of this title, seeks the waiv- er for the purpose of continuing to receive medical treatment in the United States from a physician associated with a health care facility, and submits to the Attorney General— (I) a detailed diagnosis statement from the physician, which includes the treat- ment being sought and the expected time period the alien will be required to re- main in the United States; (II) a statement from the health care facility containing an assurance that the alien’s treatment is not being paid through any Federal or State public health assistance, that the alien’s ac- count has no outstanding balance, and that such facility will notify the Service when the alien is released or treatment is terminated; and (III) evidence of financial ability to support the alien’s day-to-day expenses while in the United States (including the expenses of any family member described in clause (ii)) and evidence that any such alien or family member is not receiving any form of public assistance; or (ii) who— (I) is a spouse, parent, brother, sister, son, daughter, or other family member of a principal alien described in clause (i); and (II) entered the United States accom- panying, and with the same status as, such principal alien. (C) Waiver limitations (i) Waivers under subparagraph (B) may be granted only upon a request submitted by a Service district office to Service head- quarters. (ii) Not more than 300 waivers may be granted for any fiscal year for a principal alien under subparagraph (B)(i). (iii)(I) Except as provided in subclause (II), in the case of each principal alien described in subparagraph (B)(i) not more than one adult may be granted a waiver under sub- paragraph (B)(ii). (II) Not more than two adults may be granted a waiver under subparagraph (B)(ii) in a case in which— (aa) the principal alien described in sub- paragraph (B)(i) is a dependent under the age of 18; or (bb) one such adult is age 55 or older or is physically handicapped. (D) Report to Congress; suspension of waiver authority (i) Not later than March 30 of each year, the Commissioner shall submit to the Con- gress an annual report regarding all waivers granted under subparagraph (B) during the preceding fiscal year. (ii) Notwithstanding any other provision of law, the authority of the Attorney General under subparagraph (B) shall be suspended during any period in which an annual report under clause (i) is past due and has not been submitted. (3) Bond The Attorney General may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified. (4) Treatment of aliens arriving in the United States In the case of an alien who is arriving in the United States and with respect to whom pro- ceedings under section 1229a of this title are (or would otherwise be) initiated at the time