8 U.S.C. § 1254a — Temporary protected status

Page 346 TITLE 8—ALIENS AND NATIONALITY § 1254 particular social group, or political opinion, for provi- sions relating to withholding of deportation for any necessary period of time where the Attorney General decides the alien would be subject to persecution on ac- count of race, religion, or political opinion. 1978—Subsec. (h). Pub. L. 95–549 inserted ‘‘(other than an alien described in section 1251(a) of this title)’’ be- fore ‘‘within the United States’’. 1965—Subsec. (h). Pub. L. 89–236 substituted ‘‘persecu- tion on account of race, religion, or political opinion’’ for ‘‘physical persecution’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by 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. 104–132, title IV, § 413(g), Apr. 24, 1996, 110 Stat. 1269, provided that: ‘‘The amendments made by this section [amending this section and sections 1254, 1255, and 1259 of this title] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 515(a)(2) of Pub. L. 101–649 ap- plicable to convictions entered before, on, or after Nov. 29, 1990, and to applications for withholding of deporta- tion made on or after such date, see section 515(b)(2) of Pub. L. 101–649, as amended, set out as a note under sec- tion 1158 of this title. Amendment by section 603(b)(3) of Pub. L. 101–649 not applicable to deportation proceedings for which notice has been provided to the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101–649, set out as a note under section 1227 of this title. 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 1980 AMENDMENT Amendment by Pub. L. 96–212 effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, 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. 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. SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN POLITICAL PRISONERS Pub. L. 99–603, title III, § 315(c), Nov. 6, 1986, 100 Stat. 3440, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009–623, pro- vided that: ‘‘It is the sense of the Congress that the Secretary of State should provide for the issuance of visas to nationals of Cuba who are or were imprisoned in Cuba for political activities without regard to sec- tion 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)).’’ § 1254. Repealed. Pub. L. 104–208, div. C, title III, § 308(b)(7), Sept. 30, 1996, 110 Stat. 3009–615 Section, acts June 27, 1952, ch. 477, title II, ch. 5, § 244, 66 Stat. 214; Oct. 24, 1962, Pub. L. 87–885, § 4, 76 Stat. 1247; Oct. 3, 1965, Pub. L. 89–236, § 12, 79 Stat. 918; Oct. 20, 1976, Pub. L. 94–571, § 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95–549, title I, § 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96–212, title II, § 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L. 97–116, §§ 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986, Pub. L. 99–603, title III, § 315(b), 100 Stat. 3439; Oct. 24, 1988, Pub. L. 100–525, § 2(q)(1), 102 Stat. 2613; Nov. 18, 1988, Pub. L. 100–690, title VII, § 7343(b), 102 Stat. 4470; Nov. 29, 1990, Pub. L. 101–649, title I, § 162(e)(2), title VI, § 603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102–232, title III, § 307(m)(1), 105 Stat. 1757; Sept. 13, 1994, Pub. L. 103–322, title IV, § 40703, 108 Stat. 1955; Apr. 24, 1996, Pub. L. 104–132, title IV, § 413(b), (c), 110 Stat. 1269, related to suspension of deportation. See sections 1229b and 1229c of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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 an Effective Date of 1996 Amend- ments note under section 1101 of this title. § 1254a. Temporary protected status (a) Granting of status (1) In general In the case of an alien who is a national of a foreign state designated under subsection (b) (or in the case of an alien having no nation- ality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c), the Attorney General, in accordance with this section— (A) may grant the alien temporary pro- tected status in the United States and shall not remove the alien from the United States during the period in which such status is in effect, and (B) shall authorize the alien to engage in employment in the United States and pro- vide the alien with an ‘‘employment author- ized’’ endorsement or other appropriate work permit. (2) Duration of work authorization Work authorization provided under this sec- tion shall be effective throughout the period the alien is in temporary protected status under this section. (3) Notice (A) Upon the granting of temporary pro- tected status under this section, the Attorney General shall provide the alien with informa- tion concerning such status under this section. (B) If, at the time of initiation of a removal proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b), the Attorney General Page 347 TITLE 8—ALIENS AND NATIONALITY § 1254a shall promptly notify the alien of the tem- porary protected status that may be available under this section. (C) If, at the time of designation of a foreign state under subsection (b), an alien (who is a national of such state) is in a removal pro- ceeding under this subchapter, the Attorney General shall promptly notify the alien of the temporary protected status that may be avail- able under this section. (D) Notices under this paragraph shall be provided in a form and language that the alien can understand. (4) Temporary treatment for eligible aliens (A) In the case of an alien who can establish a prima facie case of eligibility for benefits under paragraph (1), but for the fact that the period of registration under subsection (c)(1)(A)(iv) has not begun, until the alien has had a reasonable opportunity to register dur- ing the first 30 days of such period, the Attor- ney General shall provide for the benefits of paragraph (1). (B) In the case of an alien who establishes a prima facie case of eligibility for benefits under paragraph (1), until a final determina- tion with respect to the alien’s eligibility for such benefits under paragraph (1) has been made, the alien shall be provided such bene- fits. (5) Clarification Nothing in this section shall be construed as authorizing the Attorney General to deny temporary protected status to an alien based on the alien’s immigration status or to require any alien, as a condition of being granted such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this chapter. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of non- immigrant status under this chapter. (b) Designations (1) In general The Attorney General, after consultation with appropriate agencies of the Government, may designate any foreign state (or any part of such foreign state) under this subsection only if— (A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety; (B) the Attorney General finds that— (i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a sub- stantial, but temporary, disruption of liv- ing conditions in the area affected, (ii) the foreign state is unable, tempo- rarily, to handle adequately the return to the state of aliens who are nationals of the state, and (iii) the foreign state officially has re- quested designation under this subpara- graph; or (C) the Attorney General finds that there exist extraordinary and temporary condi- tions in the foreign state that prevent aliens who are nationals of the state from return- ing to the state in safety, unless the Attor- ney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States. A designation of a foreign state (or part of such foreign state) under this paragraph shall not become effective unless notice of the des- ignation (including a statement of the findings under this paragraph and the effective date of the designation) is published in the Federal Register. In such notice, the Attorney General shall also state an estimate of the number of nationals of the foreign state designated who are (or within the effective period of the des- ignation are likely to become) eligible for temporary protected status under this section and their immigration status in the United States. (2) Effective period of designation for foreign states The designation of a foreign state (or part of such foreign state) under paragraph (1) shall— (A) take effect upon the date of publica- tion of the designation under such para- graph, or such later date as the Attorney General may specify in the notice published under such paragraph, and (B) shall remain in effect until the effec- tive date of the termination of the designa- tion under paragraph (3)(B). For purposes of this section, the initial period of designation of a foreign state (or part there- of) under paragraph (1) is the period, specified by the Attorney General, of not less than 6 months and not more than 18 months. (3) Periodic review, terminations, and exten- sions of designations (A) Periodic review At least 60 days before end of the initial period of designation, and any extended pe- riod of designation, of a foreign state (or part thereof) under this section the Attorney General, after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in effect under this subsection and shall de- termine whether the conditions for such des- ignation under this subsection continue to be met. The Attorney General shall provide on a timely basis for the publication of no- tice of each such determination (including the basis for the determination, and, in the case of an affirmative determination, the pe- riod of extension of designation under sub- paragraph (C)) in the Federal Register. (B) Termination of designation If the Attorney General determines under subparagraph (A) that a foreign state (or part of such foreign state) no longer con- tinues to meet the conditions for designa- tion under paragraph (1), the Attorney Gen- eral shall terminate the designation by pub- Page 348 TITLE 8—ALIENS AND NATIONALITY § 1254a lishing notice in the Federal Register of the determination under this subparagraph (in- cluding the basis for the determination). Such termination is effective in accordance with subsection (d)(3), but shall not be effec- tive earlier than 60 days after the date the notice is published or, if later, the expira- tion of the most recent previous extension under subparagraph (C). (C) Extension of designation If the Attorney General does not deter- mine under subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1), the period of designa- tion of the foreign state is extended for an additional period of 6 months (or, in the dis- cretion of the Attorney General, a period of 12 or 18 months). (4) Information concerning protected status at time of designations At the time of a designation of a foreign state under this subsection, the Attorney Gen- eral shall make available information respect- ing the temporary protected status made available to aliens who are nationals of such designated foreign state. (5) Review (A) Designations There is no judicial review of any deter- mination of the Attorney General with re- spect to the designation, or termination or extension of a designation, of a foreign state under this subsection. (B) Application to individuals The Attorney General shall establish an administrative procedure for the review of the denial of benefits to aliens under this subsection. Such procedure shall not prevent an alien from asserting protection under this section in removal proceedings if the alien demonstrates that the alien is a national of a state designated under paragraph (1). (c) Aliens eligible for temporary protected status (1) In general (A) Nationals of designated foreign states Subject to paragraph (3), an alien, who is a national of a state designated under sub- section (b)(1) (or in the case of an alien hav- ing no nationality, is a person who last ha- bitually resided in such designated state), meets the requirements of this paragraph only if— (i) the alien has been continuously phys- ically present in the United States since the effective date of the most recent des- ignation of that state; (ii) the alien has continuously resided in the United States since such date as the Attorney General may designate; (iii) the alien is admissible as an immi- grant, except as otherwise provided under paragraph (2)(A), and is not ineligible for temporary protected status under para- graph (2)(B); and (iv) to the extent and in a manner which the Attorney General establishes, the alien registers for the temporary protected sta- tus under this section during a registra- tion period of not less than 180 days. (B) Registration fee The Attorney General may require pay- ment of a reasonable fee as a condition of registering an alien under subparagraph (A)(iv) (including providing an alien with an ‘‘employment authorized’’ endorsement or other appropriate work permit under this section). The amount of any such fee shall not exceed $50. In the case of aliens reg- istered pursuant to a designation under this section made after July 17, 1991, the Attor- ney General may impose a separate, addi- tional fee for providing an alien with docu- mentation of work authorization. Notwith- standing section 3302 of title 31, all fees col- lected under this subparagraph shall be cred- ited to the appropriation to be used in car- rying out this section. (2) Eligibility standards (A) Waiver of certain grounds for inadmis- sibility In the determination of an alien’s admissi- bility for purposes of subparagraph (A)(iii) of paragraph (1)— (i) the provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply; (ii) except as provided in clause (iii), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humani- tarian purposes, to assure family unity, or when it is otherwise in the public interest; but (iii) the Attorney General may not waive— (I) paragraphs (2)(A) and (2)(B) (relat- ing to criminals) of such section, (II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana, or (III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to na- tional security and participation in the Nazi persecutions or those who have en- gaged in genocide). (B) Aliens ineligible An alien shall not be eligible for tem- porary protected status under this section if the Attorney General finds that— (i) the alien has been convicted of any felony or 2 or more misdemeanors com- mitted in the United States, or (ii) the alien is described in section 1158(b)(2)(A) of this title. (3) Withdrawal of temporary protected status The Attorney General shall withdraw tem- porary protected status granted to an alien under this section if— (A) the Attorney General finds that the alien was not in fact eligible for such status under this section, (B) except as provided in paragraph (4) and permitted in subsection (f)(3), the alien has Page 349 TITLE 8—ALIENS AND NATIONALITY § 1254a not remained continuously physically present in the United States from the date the alien first was granted temporary pro- tected status under this section, or (C) the alien fails, without good cause, to register with the Attorney General annu- ally, at the end of each 12-month period after the granting of such status, in a form and manner specified by the Attorney Gen- eral. (4) Treatment of brief, casual, and innocent de- partures and certain other absences (A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to have failed to maintain continuous physical pres- ence in the United States by virtue of brief, casual, and innocent absences from the United States, without regard to whether such ab- sences were authorized by the Attorney Gen- eral. (B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual, and inno- cent absence described in subparagraph (A) or due merely to a brief temporary trip abroad required by emergency or extenuating cir- cumstances outside the control of the alien. (5) Construction Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for temporary protected status under this section. (6) Confidentiality of information The Attorney General shall establish proce- dures to protect the confidentiality of infor- mation provided by aliens under this section. (d) Documentation (1) Initial issuance Upon the granting of temporary protected status to an alien under this section, the At- torney General shall provide for the issuance of such temporary documentation and author- ization as may be necessary to carry out the purposes of this section. (2) Period of validity Subject to paragraph (3), such documenta- tion shall be valid during the initial period of designation of the foreign state (or part there- of) involved and any extension of such period. The Attorney General may stagger the periods of validity of the documentation and author- ization in order to provide for an orderly re- newal of such documentation and authoriza- tion and for an orderly transition (under para- graph (3)) upon the termination of a designa- tion of a foreign state (or any part of such for- eign state). (3) Effective date of terminations If the Attorney General terminates the des- ignation of a foreign state (or part of such for- eign state) under subsection (b)(3)(B), such ter- mination shall only apply to documentation and authorization issued or renewed after the effective date of the publication of notice of the determination under that subsection (or, at the Attorney General’s option, after such period after the effective date of the deter- mination as the Attorney General determines to be appropriate in order to provide for an or- derly transition). (4) Detention of alien An alien provided temporary protected sta- tus under this section shall not be detained by the Attorney General on the basis of the alien’s immigration status in the United States. (e) Relation of period of temporary protected status to cancellation of removal With respect to an alien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in the United States for pur- poses of section 1229b(a) of this title, unless the Attorney General determines that extreme hardship exists. Such period shall not cause a break in the continuity of residence of the pe- riod before and after such period for purposes of such section. (f) Benefits and status during period of tem- porary protected status During a period in which an alien is granted temporary protected status under this section— (1) the alien shall not be considered to be permanently residing in the United States under color of law; (2) the alien may be deemed ineligible for public assistance by a State (as defined in sec- tion 1101(a)(36) of this title) or any political subdivision thereof which furnishes such as- sistance; (3) the alien may travel abroad with the prior consent of the Attorney General; and (4) for purposes of adjustment of status under section 1255 of this title and change of status under section 1258 of this title, the alien shall be considered as being in, and maintain- ing, lawful status as a nonimmigrant. (g) Exclusive remedy Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deport- able or have been paroled into the United States to remain in the United States temporarily be- cause of their particular nationality or region of foreign state of nationality. (h) Limitation on consideration in Senate of leg- islation adjusting status (1) In general Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that— (A) provides for adjustment to lawful tem- porary or permanent resident alien status for any alien receiving temporary protected status under this section, or (B) has the effect of amending this sub- section or limiting the application of this subsection. (2) Supermajority required Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of Page 350 TITLE 8—ALIENS AND NATIONALITY § 1254a three-fifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall be required in the Senate to sus- tain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). (3) Rules Paragraphs (1) and (2) are enacted— (A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applica- ble only with respect to the matters de- scribed in paragraph (1) and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and (B) with full recognition of the constitu- tional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate. (i) Annual report and review (1) Annual report Not later than March 1 of each year (begin- ning with 1992), the Attorney General, after consultation with the appropriate agencies of the Government, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the oper- ation of this section during the previous year. Each report shall include— (A) a listing of the foreign states or parts thereof designated under this section, (B) the number of nationals of each such state who have been granted temporary pro- tected status under this section and their immigration status before being granted such status, and (C) an explanation of the reasons why for- eign states or parts thereof were designated under subsection (b)(1) and, with respect to foreign states or parts thereof previously designated, why the designation was termi- nated or extended under subsection (b)(3). (2) Committee report No later than 180 days after the date of re- ceipt of such a report, the Committee on the Judiciary of each House of Congress shall re- port to its respective House such oversight findings and legislation as it deems appro- priate. (June 27, 1952, ch. 477, title II, ch. 5, § 244, for- merly § 244A, as added and amended Pub. L. 101–649, title III, § 302(a), title VI, § 603(a)(24), Nov. 29, 1990, 104 Stat. 5030, 5084; Pub. L. 102–232, title III, §§ 304(b), 307(l)(5), Dec. 12, 1991, 105 Stat. 1749, 1756; Pub. L. 103–416, title II, § 219(j), (z)(2), Oct. 25, 1994, 108 Stat. 4317, 4318; renumbered § 244 and amended Pub. L. 104–208, div. C, title III, § 308(b)(7), (e)(1)(G), (11), (g)(7)(E)(i), (8)(A)(i), Sept. 30, 1996, 110 Stat. 3009–615, 3009–619, 3009–620, 3009–624.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(5), 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)(1)(A). Pub. L. 104–208, § 308(e)(11), substituted ‘‘remove’’ for ‘‘deport’’. Subsec. (a)(3)(B), (C). Pub. L. 104–208, § 308(e)(1)(G), substituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (b)(5)(B). Pub. L. 104–208, § 308(e)(1)(G), sub- stituted ‘‘removal’’ for ‘‘deportation’’. Subsec. (c)(2)(B)(ii). Pub. L. 104–208, § 308(g)(7)(E)(i), substituted ‘‘section 1158(b)(2)(A)’’ for ‘‘section 1253(h)(2)’’. Subsec. (e). Pub. L. 104–208, § 308(g)(8)(A)(i), sub- stituted ‘‘section 1229b(a)’’ for ‘‘section 1254(a)’’. Pub. L. 104–208, § 308(e)(11), amended heading. 1994—Subsec. (c)(1)(B). Pub. L. 103–416, § 219(z)(2), made technical correction to directory language of Pub. L. 102–232, § 304(b)(2). See 1991 Amendment note below. Subsec. (c)(2)(A)(iii)(III). Pub. L. 103–416, § 219(j), sub- stituted ‘‘paragraphs’’ for ‘‘Paragraphs’’ and ‘‘and (3)(E)’’ for ‘‘or (3)(E)’’. 1991—Subsec. (a)(1). Pub. L. 102–232, § 304(b)(1), in- serted parenthetical relating to alien having no nation- ality. Subsec. (c)(1)(A). Pub. L. 102–232, § 304(b)(3), inserted parenthetical relating to alien having no nationality. Subsec. (c)(1)(B). Pub. L. 102–232, § 304(b)(2), as amend- ed by Pub. L. 103–416, § 219(z)(2), inserted provisions re- quiring separate fee of aliens registered pursuant to designation made after July 17, 1991, and directing that all fees be credited to appropriation to be used to carry out this section. Subsec. (c)(2)(A)(iii)(I). Pub. L. 102–232, § 307(l)(5)(A), substituted ‘‘paragraphs (2)(A) and (2)(B)’’ for ‘‘para- graphs (9) and (10)’’. Subsec. (c)(2)(A)(iii)(III). Pub. L. 102–232, § 307(l)(5)(B), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: ‘‘paragraphs (3) (relating to security and related grounds).’’ 1990—Subsec. (c)(2)(A)(i). Pub. L. 101–649, § 603(a)(24)(A), which directed the substitution of ‘‘(5) and (7)(A)’’ for ‘‘(14), (20), (21), (25), and (32)’’, was exe- cuted by making the substitution for ‘‘(14), (15), (20), (21), (25), and (32)’’, as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(I). Pub. L. 101–649, § 603(a)(24)(B), which directed the substitution of ‘‘Paragraphs (2)(A) and (2)(B)’’ for ‘‘Paragraphs (9) and (10)’’, could not be executed because the quoted language differed from the text. See 1991 Amendment note above. Subsec. (c)(2)(A)(iii)(II). Pub. L. 101–649, § 603(a)(24)(C), substituted ‘‘(2)(C)’’ for ‘‘(23)’’ and inserted ‘‘or’’ at end. Subsec. (c)(2)(A)(iii)(III). Pub. L. 101–649, § 603(a)(24)(D), which directed the substitution of ‘‘(3) (relating to security and related grounds)’’ for ‘‘(27) and (29) (relating to national security)’’, and a period for ‘‘; or’’, was executed by substituting ‘‘(3) (relating to security and related grounds)’’ for ‘‘(27) and (29) of such section (relating to national security)’’, and a period for ‘‘, or’’, as the probable intent of Congress. Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101–649, § 603(a)(24)(E), struck out subcl. (IV) which referred to par. (33). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 219(j) of Pub. L. 103–416 effec- tive as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 219(dd) of Pub. Page 351 TITLE 8—ALIENS AND NATIONALITY § 1254a L. 103–416, set out as a note under section 1101 of this title. Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(2) of section 219 is effective as if included in the Mis- cellaneous and Technical Immigration and Naturaliza- tion Amendments of 1991, Pub. L. 102–232. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 304(b) of Pub. L. 102–232 effec- tive 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, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 603(a)(24) of Pub. L. 101–649 ap- plicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, 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. LIMITATION ON SUSPENSION OF DEPORTATION The Attorney General may not suspend deportation and adjust status under this section of more than 4,000 aliens in any fiscal year, beginning after Sept. 30, 1996, regardless of when aliens applied for such suspension and adjustment, see section 309(c)(7) of Pub. L. 104–208, set out in an Effective Date of 1996 Amendments note under section 1101 of this title. ALIENS AUTHORIZED TO TRAVEL ABROAD TEMPORARILY Pub. L. 102–232, title III, § 304(c), Dec. 12, 1991, 105 Stat. 1749, as amended by Pub. L. 104–208, div. C, title III, § 308(g)(1), (8)(A)(ii), (C), Sept. 30, 1996, 110 Stat. 3009–622, 3009–624, provided that: ‘‘(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization— ‘‘(A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if— ‘‘(i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [Pub. L. 101–649, set out as a note under section 1255a of this title], or ‘‘(ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244(c)(2)(A)(iii) of the Immigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)]; and ‘‘(B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 240A(a) of the Immigration and Nationality Act [8 U.S.C. 1229b(a)] if the absence meets the requirements of section 240A(b)(2) of such Act. ‘‘(2) Aliens described in this paragraph are the fol- lowing: ‘‘(A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity). ‘‘(B) Aliens provided temporary protected status under section 244 of the Immigration and Nationality Act, including aliens provided such status under sec- tion 303 of the Immigration Act of 1990 [Pub. L. 101–649, set out below].’’ EFFECT ON EXECUTIVE ORDER 12711 Pub. L. 101–649, title III, § 302(c), Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102–232, title III, § 304(a), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 103–416, title II, § 219(y), Oct. 25, 1994, 108 Stat. 4318; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622, provided that: ‘‘Notwithstanding subsection (g) of section 244 of the Immigration and Nationality Act [8 U.S.C. 1254a(g)] (inserted by the amendment made by subsection (a)), such section shall not super- sede or affect Executive Order 12711 (April 11, 1990 [8 U.S.C. 1101 note], relating to policy implementation with respect to nationals of the People’s Republic of China).’’ SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS Pub. L. 101–649, title III, § 303, Nov. 29, 1990, 104 Stat. 5036, as amended by Pub. L. 102–65, § 1, July 2, 1991, 105 Stat. 322; Pub. L. 104–208, div. C, title III, § 308(g)(1), (6)(A), Sept. 30, 1996, 110 Stat. 3009–622, 3009–623, pro- vided that: ‘‘(a) DESIGNATION.— ‘‘(1) IN GENERAL.—El Salvador is hereby designated under section 244(b) of the Immigration and Nation- ality Act [8 U.S.C. 1254a(b)], subject to the provisions of this section. ‘‘(2) PERIOD OF DESIGNATION.—Such designation shall take effect on the date of the enactment of this section [Nov. 29, 1990] and shall remain in effect until the end of the 18-month period beginning January 1, 1991. ‘‘(b) ALIENS ELIGIBLE.— ‘‘(1) IN GENERAL.—In applying section 244 of the Im- migration and Nationality Act [8 U.S.C. 1254a] pursu- ant to the designation under this section, subject to section 244(c)(3) of such Act, an alien who is a na- tional of El Salvador meets the requirements of sec- tion 244(c)(1) of such Act only if— ‘‘(A) the alien has been continuously physically present in the United States since September 19, 1990; ‘‘(B) the alien is admissible as an immigrant, ex- cept as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and ‘‘(C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the reg- istration period beginning January 1, 1991, and end- ing October 31, 1991. ‘‘(2) REGISTRATION FEE.—The Attorney General shall require payment of a reasonable fee as a condi- tion of registering an alien under paragraph (1)(C) (including providing an alien with an ‘employment authorized’ endorsement or other appropriate work permit under this section). The amount of the fee shall be sufficient to cover the costs of administra- tion of this section. Notwithstanding section 3302 of title 31, United States Code, all such registration fees collected shall be credited to the appropriation to be used in carrying out this section. ‘‘(c) APPLICATION OF CERTAIN PROVISIONS.— ‘‘(1) IN GENERAL.—Except as provided in this sub- section, the provisions of section 244 of the Immigra- tion and Nationality Act [8 U.S.C. 1254a] (including subsection (h) thereof) shall apply to El Salvador (and aliens provided temporary protected status) under this section in the same manner as they apply to a foreign state designated (and aliens provided temporary protected status) under such section. ‘‘(2) PROVISIONS NOT APPLICABLE.—Subsections (b)(1), (b)(2), (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall not apply under this section. ‘‘(3) 6-MONTH PERIOD OF REGISTRATION AND WORK AU- THORIZATION.—Notwithstanding section 244(a)(2) of the Immigration and Nationality Act, the work au- thorization provided under this section shall be effec- 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