Editorial Notes
References in Text
Subsection (p) of section 1184 of this title, referred to in subsec. (e)(3), was redesignated subsec. (r) of section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.
Section 202 of the Immigration Reform and Control Act of 1986, referred to in subsec. (i)(1), is section 202 of Pub. L. 99–603, which is set out as a note under section 1255a of this title.
Section 301 of the Immigration Act of 1990, referred to in subsec. (i)(1)(iii), is section 301 of Pub. L. 101–649, which is set out as a note under section 1255a of this title.
Amendments
2022—Subsec. (k). Pub. L. 117–103, § 102(d)(1), substituted “(3), or (5)” for “or (3)” in introductory provisions.
Subsec. (n). Pub. L. 117–103, § 102(d)(2), added subsec. (n).
2008—Subsec. (h)(2)(A). Pub. L. 110–457, § 235(d)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “paragraphs (4), (5)(A), and (7)(A) of section 1182(a) of this title shall not apply, and”.
Subsec. (l)(1). Pub. L. 110–457, § 201(d)(1)(C)(ii), which directed amendment of subpar. (C)(ii) by striking out “, or in the case of subparagraph (C)(i), the Attorney General, as appropriate”, was executed by striking out “, or in the case of subparagraph (C)(i), the Attorney General,” before “may adjust” in concluding provisions of par. (1), to reflect the probable intent of Congress.
Pub. L. 110–457, § 201(d)(1)(A), substituted “in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate” for “the Attorney General,,” in introductory provisions.
Subsec. (l)(1)(B). Pub. L. 110–457, § 201(d)(1)(B), inserted “subject to paragraph (6),” after subpar. designation and substituted “; and” for “, and”.
Subsec. (l)(1)(C)(i). Pub. L. 110–457, § 201(d)(1)(C)(i), substituted semicolon for “, or”.
Subsec. (l)(1)(C)(ii), (iii). Pub. L. 110–457, § 201(d)(1)(C)(iii), which directed amendment of subpar. (C) by substituting “; or” for period at end and adding cl. (iii), was executed by making the substitution for comma at end of cl. (ii) and adding cl. (iii), to reflect the probable intent of Congress.
Subsec. (l)(3). Pub. L. 110–457, § 201(d)(2), substituted “, unless—” for period at end and added subpars. (A) and (B).
Subsec. (l)(6), (7). Pub. L. 110–457, § 201(d)(3), added pars. (6) and (7).
Subsec. (m)(1). Pub. L. 110–457, § 201(e)(1), substituted “unless the Secretary” for “unless the Attorney General” in introductory provisions.
Subsec. (m)(5). Pub. L. 110–457, § 201(e)(2), added par. (5).
2006—Subsec. (a). Pub. L. 109–271, § 6(f)(1), substituted “as a VAWA self-petitioner” for “under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or”.
Subsec. (c). Pub. L. 109–271, § 6(f)(2), substituted “as a VAWA self-petitioner” for “under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title”.
Subsec. (l)(1). Pub. L. 109–162, § 803(a)(1)(A), substituted “Secretary of Homeland Security, or in the case of subparagraph (C)(i), the Attorney General,” for “Attorney General” in two places.
Subsec. (l)(1)(A), Pub. L. 109–162, § 803(a)(1)(B), inserted at end “or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less;”.
Subsec. (l)(2). Pub. L. 109–162, § 803(a)(2), substituted “Secretary of Homeland Security” for “Attorney General” in two places.
Subsec. (l)(5). Pub. L. 109–162, § 803(a)(3), substituted “Secretary of Homeland Security” for “Attorney General”.
Subsec. (m)(1). Pub. L. 109–162, § 803(b)(1)(A), substituted “Secretary of Homeland Security may adjust” for “Attorney General may adjust” in introductory provisions.
Subsec. (m)(1)(B). Pub. L. 109–162, § 803(b)(1)(B), substituted “Secretary of Homeland Security” for “Attorney General”.
Subsec. (m)(3). Pub. L. 109–162, § 803(b)(2), substituted “Secretary of Homeland Security may adjust” for “Attorney General may adjust” and “Secretary considers” for “Attorney General considers”.
Subsec. (m)(4). Pub. L. 109–162, § 803(b)(3), substituted “Secretary of Homeland Security” for “Attorney General”.
2003—Subsec. (l). Pub. L. 108–193, § 8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m).
Subsec. (l)(1). Pub. L. 108–193, § 4(b)(3)(A), in concluding provisions, substituted “admitted under section 1101(a)(15)(T)(ii) of this title” for “admitted under that section” and inserted “sibling,” after “parent,”.
Subsec. (l)(2). Pub. L. 108–193, § 8(a)(4)(A), redesignated par. (2), relating to alien’s maintenance of continuous physical presence, as (3).
Subsec. (l)(3). Pub. L. 108–193, § 8(a)(4)(A), redesignated par. (2), relating to alien’s maintenance of continuous physical presence, as (3). Former par. (3) redesignated (4).
Subsec. (l)(3)(B). Pub. L. 108–193, § 4(b)(3)(B), inserted “siblings,” after “daughters,”.
Subsec. (l)(4), (5). Pub. L. 108–193, § 8(a)(4)(A), redesignated pars. (3) and (4) as (4) and (5), respectively.
Subsec. (m). Pub. L. 108–193, § 8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m).
2000—Subsec. (a). Pub. L. 106–386, § 1506(a)(1)(A), which directed the insertion of “or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or” after “into the United States.”, was executed by making the insertion after “into the United States” to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 106–386, § 1506(a)(1)(B), substituted “Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title, subsection (a) shall not be applicable to” for “Subsection (a) shall not be applicable to”.
Subsec. (d). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out “or (m)” after “under subsection (a)” in two places.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(3)(A)], struck out “(relating to an alien fiancee or fiance or the minor child of such alien)” before “except to that of an alien”.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], substituted “under subsection (a) or (m),” for “under subsection (a),” in two places.
Subsec. (e)(1). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out “or (m)” after “under subsection (a)”.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(B)], substituted “subsection (a) or (m)” for “subsection (a)”.
Subsec. (e)(3). Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(c)(3)(B)], substituted “section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title” for “section 1154(a) or 1184(d) of this title”.
Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(2)], struck out “or (m)” after “under subsection (a)”.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(d)(2)(A)], substituted “under subsection (a) or (m),” for “under subsection (a),”.
Subsec. (i)(1)(B)(i). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(1)(B)], substituted “April 30, 2001” for “January 14, 1998”.
Subsec. (i)(1)(C). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(1)(A), (C), (D)], added subpar. (C).
Subsec. (i)(3)(B). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(a)(2)], inserted before period at end “, except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the Immigration Examinations Fee Account established under section 1356(m) of this title”.
Subsec. (l). Pub. L. 106–386, § 1513(f), added subsec. (l) relating to adjustment of status for victims of crimes against women.
Pub. L. 106–386, § 107(f), added subsec. (l) relating to adjustment of status for victims of trafficking.
Subsec. (m). Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1502(b)(1)], struck out subsec. (m), which related to adjustment of status of nonimmigrant described in section 1101(a)(15)(V) of this title who was determined to have been physically present in the United States at any time during period beginning July 1, 2000, and ending Oct. 1, 2000.
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(c)], added subsec. (m).
1997—Subsec. (c)(2). Pub. L. 105–119, § 111(c)(1), substituted “(2) subject to subsection (k), an alien (other than” for “(2) an alien (other than”.
Subsec. (i)(1). Pub. L. 105–119, § 111(a), substituted first sentence for prior first sentence which read as follows: “Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who—
“(A) entered the United States without inspection; or
“(B) is within one of the classes enumerated in subsection (c) of this section,
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence.”
Subsec. (i)(3)(B). Pub. L. 105–119, § 110(3), substituted “Breached Bond/Detention Fund established under section 1356(r) of this title” for “Immigration Detention Account established under section 1356(s) of this title”.
Subsec. (k). Pub. L. 105–119, § 111(c)(2), added subsec. (k).
1996—Subsec. (c)(6). Pub. L. 104–208, § 308(g)(10)(B), substituted “section 1227(a)(4)(B)” for “section 1251(a)(4)(B)”.
Pub. L. 104–132 added cl. (6).
Subsec. (c)(7), (8). Pub. L. 104–208, § 375, added cls. (7) and (8).
Subsec. (e)(2). Pub. L. 104–208, § 308(f)(2)(C), substituted “be admitted” for “enter”.
Subsec. (e)(3). Pub. L. 104–208, § 308(f)(1)(O), substituted “admission” for “entry”.
Subsec. (i). Pub. L. 104–208, § 671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resident status, as (j).
Subsec. (i)(1). Pub. L. 104–208, § 376(a)(1), substituted “$1,000” for “five times the fee required for the processing of applications under this section”.
Subsec. (i)(3). Pub. L. 104–208, § 376(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sections 1356(m), (n), and (o) of this title.”
Subsec. (j). Pub. L. 104–208, § 671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resident status, as (j).
Subsec. (j)(3). Pub. L. 104–208, § 671(a)(5), substituted “paragraph (1) or (2)” for “paragraphs (1) or (2)”.
1994—Subsec. (c)(5). Pub. L. 103–322, § 130003(c)(2), added cl. (5).
Subsec. (h)(2)(B). Pub. L. 103–416 substituted “and (3)(E)” for “or (3)(E)”.
Subsec. (i). Pub. L. 103–322, § 130003(c)(1), added subsec. (i) relating to adjustment to permanent resident status.
Pub. L. 103–317, § 506(b), added subsec. (i) relating to adjustment in status of certain aliens physically present in United States.
1991—Subsec. (b). Pub. L. 102–232, § 302(e)(7), substituted “sections 1152 and 1153” for “sections 1151(a)” and “for the fiscal year then current” for “for the succeeding fiscal year”.
Subsec. (c)(2). Pub. L. 102–232, § 302(d)(2)(A), inserted “(J),” after “(I),”.
Pub. L. 102–110, § 2(c)(1), substituted “, (I), or (K)” for “or (I)”.
Subsec. (e)(3). Pub. L. 102–232, § 308(a), substituted “section 1154(g)” for “section 1154(h)”.
Subsec. (g). Pub. L. 102–110, § 2(c)(2), added subsec. (g).
Subsec. (h). Pub. L. 102–232, § 302(d)(2)(B), added subsec. (h).
1990—Subsec. (b). Pub. L. 101–649, § 162(e)(3), struck out “or nonpreference” after “number of the preference” and substituted “1151(a)” for “1152(e) or 1153(a)” and “succeeding fiscal year” for “fiscal year then current”.
Subsec. (e)(1). Pub. L. 101–649, § 702(a)(1), substituted “Except as provided in paragraph (3), an alien” for “An alien”.
Subsec. (e)(3). Pub. L. 101–649, § 702(a)(2), added par. (3).
Subsec. (f). Pub. L. 101–649, § 121(b)(4), added subsec. (f).
1988—Subsec. (c)(2). Pub. L. 100–525, § 2(f)(1), substituted “1101(a)(27)(H) or (I)” for “1101(a)(27)(H)”, inserted “or” after “no fault of his own”, and substituted “in unlawful” for “not in legal” and “lawful status” for “legal status”.
Subsec. (c)(4). Pub. L. 100–525, § 2(p)(3), made technical correction to Pub. L. 99–603, § 313(c). See 1986 Amendment note below.
Subsec. (d). Pub. L. 100–525, § 7(b), amended Pub. L. 99–639, § 3(b). See 1986 Amendment note below.
1986—Subsec. (c). Pub. L. 99–639, § 5(a)(1), substituted “Subsection (a) of this section” for “The provisions of this section”.
Subsec. (c)(2). Pub. L. 99–603, § 117, inserted “or who is not in legal immigration status on the date of filing the application for adjustment or who has failed (other than through no fault of his own for technical reasons) to maintain continuously a legal status since entry into the United States”.
Subsec. (c)(4). Pub. L. 99–603, § 313(c), as amended by Pub. L. 100–525, § 2(p)(3), added cl. (4).
Subsec. (d). Pub. L. 99–639, § 3(b), as amended by Pub. L. 100–525, § 7(b), inserted “The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 1101(a)(15)(K) of this title (relating to an alien fiancee or fiance or the minor child of such alien) except to that of an alien lawfully admitted to the United States on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien’s nonimmigrant status under section 1101(a)(15)(K) of this title.”
Pub. L. 99–639, § 2(e), added subsec. (d).
Subsec. (e). Pub. L. 99–639, § 5(a)(2), added subsec. (e).
1981—Subsec. (c)(2). Pub. L. 97–116 inserted “or a special immigrant described in section 1101(a)(27)(H) of this title” after “section 1151(b) of this title”.
1976—Subsec. (a). Pub. L. 94–571 struck out “, other than alien crewman,” after “status of an alien” and substituted “filed” for “approved”.
Subsec. (b). Pub. L. 94–571 inserted reference to section 1152(e) of this title and struck out comma after “chargeable”.
Subsec. (c). Pub. L. 94–571 substituted provision making the section inapplicable to alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa for provision making the section inapplicable to natives of contiguous country or adjacent island.
1965—Subsec. (b). Pub. L. 89–236, § 13(a), struck out reference to quota area to which the alien is chargeable under section 1152 of this title and substituted reference to number of preference or nonpreference visas authorized to be issued under section 1153(a) of this title within the class to which the alien is chargeable.
Subsec. (c). Pub. L. 89–236, § 13(b), substituted “any country of the Western Hemisphere” for “any country contiguous to the United States”.
1960—Subsec. (a). Pub. L. 86–648 substituted “alien, other than an alien crewman, who was inspected and admitted or paroled into the United States” for “alien who was admitted to the United States as a bona fide nonimmigrant”, struck out former cl. (3) which read “an immigrant visa was immediately available to him at the time of his application”, redesignated cl. (4) as (3), and struck out concluding sentence which read as follows: “A quota immigrant visa shall be considered immediately available for the purposes of this subsection only if the portion of the quota to which the alien is chargeable is undersubscribed by applicants registered on a consular waiting list.”
1958—Pub. L. 85–700 among other changes, substituted provisions allowing adjustment of status of alien who was admitted as a bona fide nonimmigrant to that of an alien lawfully admitted for permanent residence, for provisions allowing adjustment of status of alien who was lawfully admitted as a bona fide nonimmigrant and continued to maintain that status, to that of a permanent resident either as a quota immigrant or as a nonquota immigrant claiming nonquota status as the spouse or child of a citizen under certain specified conditions, by striking out provision terminating nonimmigrant quota status of alien who files application for adjustment of status, and by adding subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendments
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1506], Dec. 21, 2000, 114 Stat. 2763, 2763A–328, provided that:
“This title [amending this section, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and
section 1101 of this title] shall take effect as if included in the enactment of the
Legal Immigration Family Equity Act [see Short Title of 2000 Amendments note set out under
section 1101 of this title].”
Amendment by section 1(a)(2) [title XI, § 1102(c), (d)(2)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to an alien who is the beneficiary of a classification petition filed under section 1154 of this title on or before Dec. 21, 2000, see section 1(a)(2) [title XI, § 1102(e)] of Pub. L. 106–553, set out as a note under section 1101 of this title.
Amendment by section 1(a)(2) [title XI, § 1103(c)(3)] of Pub. L. 106–553 effective Dec. 21, 2000, and applicable to an alien who is the beneficiary of a classification petition filed under section 1154 of this title before, on, or after Dec. 21, 2000, see section 1(a)(2) [title XI, § 1103(d)] of Pub. L. 106–553, set out as a note under section 1101 of this title.
Pub. L. 106–386, div. B, title V, § 1506(a)(2), Oct. 28, 2000, 114 Stat. 1527, provided that:
“The amendments made by paragraph (1) [amending this section] shall apply to applications for adjustment of status pending on or made on or after January 14, 1998.”
Effective Date of 1996 Amendments
Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) of Pub. L. 104–208 effective, with certain transitional 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, § 376(c), Sept. 30, 1996, 110 Stat. 3009–649, provided that:
“The amendments made by this section [amending this section and
section 1356 of this title] shall apply to applications made on or after the end of the 90-day period beginning on the date of the enactment of this Act [
Sept. 30, 1996].”
Amendment by section 671(a)(4)(A), (5) of Pub. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title.
Amendment by Pub. L. 104–132 effective Apr. 24, 1996, and applicable to applications filed before, on, or after such date if final action not yet taken on them before such date see section 413(g) of Pub. L. 104–132, set out as a note under section 1253 of this title.
Effective Date of 1991 Amendments
Amendment by section 302(d)(2), (e)(7) of Pub. L. 102–232 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101–649, see section 310(1) of Pub. L. 102–232, set out as a note under section 1101 of this title.
Pub. L. 102–232, title III, § 308(a), Dec. 12, 1991, 105 Stat. 1757, provided that the amendment made by section 308(a) is effective Oct. 1, 1991.
Amendment by Pub. L. 102–110 effective 60 days after Oct. 1, 1991, see section 2(d) of Pub. L. 102–110, set out as a note under section 1101 of this title.
Effective Date of 1990 Amendment
Amendment by sections 121(b)(4), 162(e)(3) of Pub. L. 101–649 effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of Pub. L. 101–649, set out as a note under section 1101 of this title.
Amendment by section 702(a) of Pub. L. 101–649 applicable to marriages entered into before, on, or after Nov. 29, 1990, see section 702(c) of Pub. L. 101–649, set out as a note under section 1154 of this title.
Effective Date of 1988 Amendment
Pub. L. 100–525, § 2(f)(2), Oct. 24, 1988, 102 Stat. 2611, provided that:
“The amendments made by paragraph (1) [amending this section] and by section 117 of IRCA [
section 117 of Pub. L. 99–603, amending this section] shall apply to applications for adjustment of status filed on or after
November 6, 1986.”
Amendment by section 2(f)(1), (p)(3) of Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title.
Amendment by section 7(b) of Pub. L. 100–525 effective as if included in enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L. 99–639, see section 7(d) of Pub. L. 100–525, set out as a note under section 1182 of this title.
Effective Date of 1986 Amendments
Pub. L. 99–639, § 3(d)(2), Nov. 10, 1986, 100 Stat. 3542, provided that:
“The amendment made by subsection (b) [amending this section] shall apply to adjustments occurring on or after the date of the enactment of this Act [Nov. 10, 1986].”
Amendment by section 5(a) of Pub. L. 99–639 applicable to marriages entered into on or after Nov. 10, 1986, see section 5(c) of Pub. L. 99–639, set out as a note under section 1154 of this title.
Amendment by section 117 of Pub. L. 99–603 applicable to applications for adjustment of status filed on or after Nov. 6, 1986, see section 2(f)(2) of Pub. L. 100–525, set out as an Effective Date of 1988 Amendment note above.
Abolition of Immigration and Naturalization Service and Transfer of Functions
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
Liberian Refugee Immigration Fairness
Pub. L. 116–92, div. F, title LXXVI, § 7611, Dec. 20, 2019, 133 Stat. 2309, as amended by Pub. L. 116–260, div. O, title IX, § 901, Dec. 27, 2020, 134 Stat. 2155, provided that:
“(a) Definitions.—In this section:
“(1) In general.—
Except as otherwise specifically provided, any term used in this Act [probably should be “this section”] that is used in the
immigration laws shall have the meaning given the term in the
immigration laws.
“(3) Secretary.—
The term ‘Secretary’ means the Secretary of Homeland Security.
“(b) Adjustment of Status.—
“(1) In general.—Except as provided in paragraph (3), the Secretary shall adjust the status of an alien described in subsection (c) to that of an alien lawfully admitted for permanent residence if the alien—
“(A)
applies for adjustment not later than 2 years after the date of the enactment of this Act [Dec. 20, 2019];
“(2) Applicability of grounds of inadmissibility.—
In determining the admissibility of an
alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the
Immigration and Nationality Act (
8 U.S.C. 1182(a)) shall not apply.
“(3) Exceptions.—An alien shall not be eligible for adjustment of status under this subsection if the Secretary determines that the alien—
“(A)
has been convicted of any aggravated felony;
“(B)
has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or
“(C)
has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
“(4) Relationship of application to certain orders.—
“(A) In general.—
An
alien present in the
United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the
Immigration and Nationality Act (
8 U.S.C. 1101 et seq.) may, notwithstanding such order, submit an application for adjustment of status under this subsection if the
alien is otherwise eligible for adjustment of status under paragraph (1).
“(B) Separate motion not required.—
An
alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A).
“(C) Effect of decision by secretary.—
“(i) Grant.—
If the Secretary adjusts the status of an
alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the
alien has been subject.
“(ii) Denial.—
If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made.
“(c) Aliens Eligible for Adjustment of Status.—
“(1) In general.—The benefits provided under subsection (b) shall apply to any alien who—
“(A)
“(ii)
has been continuously present in the
United States during the period beginning on
November 20, 2014, and ending on the date on which the
alien submits an application under subsection (b); or
“(B)
is the spouse, child, or
unmarried son or daughter of an
alien described in subparagraph (A).
“(2) Determination of continuous physical presence.—
For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an
alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the
United States for one or more periods amounting, in the aggregate, of not more than 180 days.
“(d) Stay of Removal.—
“(1) In general.—
The Secretary shall promulgate regulations establishing procedures by which an
alien who is subject to a final
order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b).
“(2) During certain proceedings.—
“(A) In general.—Except as provided in subparagraph (B), notwithstanding any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not order an alien to be removed from the United States if the alien—
“(i)
is in exclusion, deportation, or removal proceedings under any provision of such Act; and
“(ii)
has submitted an application for adjustment of status under subsection (b).
“(B) Exception.—
The Secretary may order an
alien described in subparagraph (A) to be removed from the
United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the
alien.
“(3) Work authorization.—
“(A) In general.—The Secretary may—
“(i)
authorize an
alien who has applied for adjustment of status under subsection (b) to engage in employment in the
United States during the period in which a determination on such application is pending; and
“(ii)
provide such
alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment.
“(B) Pending applications.—
If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable
alien.
“(e) Record of Permanent Residence.—
On the approval of an application for adjustment of status under subsection (b) of an
alien, the Secretary shall establish a record of admission for
permanent residence for the
alien as of the date of the arrival of the
alien in the
United States.
“(f) Availability of Administrative Review.—The Secretary shall provide applicants for adjustment of status under subsection (b) with the same right to, and procedures for, administrative review as are provided to—
“(g) Limitation on Judicial Review.—
“(1) In general.—
A determination by the Secretary with respect to the adjustment of status of any
alien under this section is final and shall not be subject to review by any court.
“(2) Rule of construction.—
Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under
section 704 of title 5,
United States Code, with respect to a denial of adjustment of status under this section.
“(i) Application of Immigration and Nationality Act Provisions.—
“(1) Savings provision.—
Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the
Immigration and Nationality Act (
8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or
naturalization.
“(2) Effect of eligibility for adjustment of status.—
The eligibility of an
alien to be
lawfully admitted for permanent residence under this section shall not preclude the
alien from seeking any status under any other provision of law for which the
alien may otherwise be eligible.”
Adjustment of Status for Certain Haitian Orphans
Pub. L. 111–293, Dec. 9, 2010, 124 Stat. 3175, provided that:
“SECTION 1. SHORT TITLE.“This Act may be cited as—
“SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN HAITIAN ORPHANS.
“(a) In General.—The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien—
“(1)
was inspected and granted parole into the
United States pursuant to the humanitarian parole policy for certain Haitian orphans announced by the
Secretary of Homeland Security on
January 18, 2010, and suspended as to new applications on
April 15, 2010;
“(3)
is admissible to the
United States as an immigrant, except as provided in subsection (c); and
“(4)
files an application for an adjustment of status under this section not later than 3 years after the date of the enactment of this Act [Dec. 9, 2010].
“(e) Aliens Deemed To Meet Definition of Child.—An unmarried alien described in subsection (a) who is under the age of 18 years shall be deemed to satisfy the requirements applicable to adopted children under section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) if—
“(1)
the
alien obtained adjustment of status under this section; and
“(2)
a citizen of the
United States adopted the
alien prior to, on, or after the date of the decision granting such adjustment of status.
“(f) No Immigration Benefits for Birth Parents.—
No birth parent of an
alien who obtains adjustment of status under this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this section or the
Immigration and Nationality Act (
8 U.S.C. 1101 et seq.).
“SEC. 3. COMPLIANCE WITH PAYGO.
“The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.”
Permitting Motion to Reopen
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326, provided that:
“Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an
alien’s
conviction of an aggravated felony (as defined by section 101(a) of the
Immigration and Nationality Act [
8 U.S.C. 1101(a)])), a
national of Cuba or Nicaragua who has become eligible for adjustment of status under the
Nicaraguan Adjustment and Central American Relief Act [see Short Title of 1997 Amendments note set out under
section 1101 of this title] as a result of the amendments made by paragraph (1) [amending
section 202 of Pub. L. 105–100, set out below], may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the
alien’s eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act [
Dec. 21, 2000].”
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–327, provided that:
“Notwithstanding any time and number limitations imposed by law on motions to reopen exclusion, removal, or deportation proceedings (except limitations premised on an
alien’s
conviction of an aggravated felony (as defined by section 101(a) of the
Immigration and Nationality Act [
8 U.S.C. 1101(a)])), a
national of Haiti who has become eligible for adjustment of status under the
Haitian Refugee Immigration Fairness Act of 1998 [see Short Title of 1998 Amendments note set out under
section 1101 of this title] as a result of the amendments made by paragraph (1) [amending section 902 of
section 101(h) of div. A of Pub. L. 105–277, set out below], may file one motion to reopen exclusion, deportation, or removal proceedings to apply for such adjustment under that Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the
alien’s eligibility for adjustment of status under that Act. All such motions shall be filed within 180 days of the date of the enactment of this Act [
Dec. 21, 2000].”
Adjustment of Status of Certain Jewish Syrian Nationals
Pub. L. 106–378, Oct. 27, 2000, 114 Stat. 1442, provided for adjustment of status from asylee to lawful permanent residence of not more than 2,000 persons, who must be either (1) Jewish nationals of Syria, who arrived in the United States after Dec. 31, 1991, after being permitted by the Syrian Government to depart from Syria, and were physically present in the United States at the time of filing the application for adjustment of status, or (2) who were the spouse, child, or unmarried son or daughter of such an alien provided that any such eligible person either applied for such adjustment of status not later than 1 year after Oct. 27, 2000, or applied for adjustment of status under this chapter before Oct. 27, 2000, had been physically present in the United States for at least 1 year after being granted asylum; was not firmly resettled in any foreign country; and was admissible as an immigrant under this chapter at the time of examination for adjustment of such alien.
Adjustment of Status of Certain Haitian Nationals
Pub. L. 105–277, div. A, § 101(h) [title IX, § 902], Oct. 21, 1998, 112 Stat. 2681–480, 2681–538; as amended by Pub. L. 106–386, div. B, title V, § 1511(a), Oct. 28, 2000, 114 Stat. 1532; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326; Pub. L. 109–162, title VIII, § 824(a), Jan. 5, 2006, 119 Stat. 3063; Pub. L. 110–161, div. H, title I, § 1502(d), Dec. 26, 2007, 121 Stat. 2250, provided that:
“(a) Adjustment of Status.—
“(1) In general.—The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien—
“(A)
applies for such adjustment before April 1, 2000; and
“(B)
is otherwise admissible to the
United States for
permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act [
8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
“(2) Inapplicability of certain provisions.—In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section—
In granting waivers under subparagraph (B), the
Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).
“(3) Relationship of application to certain orders.—
An
alien present in the
United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the
United States under any provision of the
Immigration and Nationality Act [
8 U.S.C. 1101 et seq.] may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an
alien may not be required, as a condition on submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the
Attorney General grants the application, the
Attorney General shall cancel the order. If the
Attorney General makes a final decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
“(b) Aliens Eligible for Adjustment of Status.—The benefits provided by subsection (a) shall apply to any alien who is a national of Haiti who—
“(1) was present in the United States on December 31, 1995, who—
“(A)
filed for asylum before December 31, 1995,
“(B)
was paroled into the
United States prior to
December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest, or
“(C) was a child (as defined in the text above subparagraph (A) of section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the United States and on December 31, 1995, and who—
“(ii)
became orphaned subsequent to arrival in the
United States, or
“(iii)
was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and
“(2)
has been physically present in the
United States for a continuous period beginning not later than
December 31, 1995, and ending not earlier than the date the application for such adjustment is filed, except that an
alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the
United States for any period or periods amounting in the aggregate to not more than 180 days.
“(c) Stay of Removal.—
“(1) In general.—
The
Attorney General shall provide by regulation for an
alien who is subject to a final
order of deportation or removal or exclusion to seek a stay of such order based on the filing of an application under subsection (a).
“(3) Work authorization.—
The
Attorney General may authorize an
alien who has applied for adjustment of status under subsection (a) to engage in employment in the
United States during the pendency of such application and may provide the
alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
“(d) Adjustment of Status for Spouses and Children.—
“(1) In general.—The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if—
“(B)
(i)
the
alien is the spouse, child, or
unmarried son or daughter of an
alien who is or was eligible for classification under subsection (a), except that, in the case of such an
unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the
United States for a continuous period beginning not later than
December 1, 1995, and ending not earlier than the date on which the application for such adjustment is filed;
“(ii)
at the time of filing of the application for adjustment under subsection (a), the
alien is the spouse or child of an
alien who is or was eligible for classification under subsection (a) and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the individual described in subsection (a); and
“(C)
the
alien applies for such adjustment and is physically present in the
United States on the date the application is filed; and
“(D)
the
alien is otherwise admissible to the
United States for
permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act [
8 U.S.C. 1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
“(2) Proof of continuous presence.—
For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an
alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the
United States for any period or periods amounting in the aggregate to not more than 180 days.
“(e) Availability of Administrative Review.—The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to—
“(f) Limitation on Judicial Review.—
A determination by the
Attorney General as to whether the status of any
alien should be adjusted under this section is final and shall not be subject to review by any court.
“(h) Application of Immigration and Nationality Act Provisions.—
Except as otherwise specifically provided in this title [section 101(h) [title IX] of
Pub. L. 105–277, enacting sections 1377 and 1378 of this title and provisions set out as a note under
section 1101 of this title], the definitions contained in the
Immigration and Nationality Act [
8 U.S.C. 1101 et seq.] shall apply in the administration of this section. Nothing contained in this title shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the
Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or
naturalization. The fact that an
alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not preclude the
alien from seeking such status under any other provision of law for which the
alien may be eligible.
“(i) Adjustment of Status Has No Effect On Eligibility For Welfare and Public Benefits.—
No
alien whose status has been adjusted in accordance with this section and who was not a qualified
alien on the date of enactment of this Act [
Oct. 21, 1998] may, solely on the basis of such adjusted status, be considered to be a qualified
alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
8 U.S.C. 1641(b)), as amended by section 5302 of the
Balanced Budget Act of 1997 (
Public Law 105–33;
111 Stat. 598), for purposes of determining the
alien’s eligibility for
supplemental security income benefits under title XVI of the
Social Security Act (
42 U.S.C. 1381 et seq.) or medical assistance under title XIX of such Act (
42 U.S.C. 1396 et seq.).
“(j) Period of Applicability.—
Subsection (i) shall not apply after October 1, 2003.”
[Pub. L. 109–162, title VIII, § 824(b), Jan. 5, 2006, 119 Stat. 3063, provided that:
“The amendment made by subsection (a)(3) [amending
section 101(h) [title IX, § 902] of div. A of
Pub. L. 105–277, set out above] shall take effect as if included in the enactment of the
Violence Against Women Act of 2000 (division B of
Public Law 106–386;
114 Stat. 1491).”
]
[Pub. L. 106–386, div. B, title V, § 1511(b), Oct. 28, 2000, 114 Stat. 1533, provided that:
“The amendment made by subsection (a) [amending
section 101(h) [title IX, § 902] of div. A of
Pub. L. 105–277, set out above] shall be effective as if included in the
Haitian Refugee Immigration Fairness Act of 1998 (division A of
section 101(h) of Public Law 105–277;
112 Stat. 2681–538).”
]
Adjustment of Status of Certain Nicaraguans and Cubans
Pub. L. 105–100, title II, § 202, Nov. 19, 1997, 111 Stat. 2193, as amended by Pub. L. 105–139, § 1(a), (b), Dec. 2, 1997, 111 Stat. 2644; Pub. L. 106–386, div. B, title V, § 1510(a), Oct. 28, 2000, 114 Stat. 1531; Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–326; Pub. L. 109–162, title VIII, § 815(a), (b), Jan. 5, 2006, 119 Stat. 3060, provided that:
“(a) Adjustment of Status.—
“(2) Rules in applying certain provisions.—In the case of an alien described in subsection (b) or (d) who is applying for adjustment of status under this section—
In granting waivers under subparagraph (B), the
Attorney General shall use standards used in granting consent under subparagraphs (A)(iii) and (C)(ii) of such section 212(a)(9).
“(3) Relationship of application to certain orders.—
An
alien present in the
United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the
United States under any provision of the
Immigration and Nationality Act [
8 U.S.C. 1101 et seq.] may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an
alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the
Attorney General grants the application, the
Attorney General shall cancel the order. If the
Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made.
“(b) Aliens Eligible for Adjustment of Status.—
“(1) In general.—
The benefits provided by subsection (a) shall apply to any
alien who is a
national of Nicaragua or Cuba and who has been physically present in the
United States for a continuous period, beginning not later than
December 1, 1995, and ending not earlier than the date the application for adjustment under such subsection is filed, except an
alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the
United States for any periods in the aggregate not exceeding 180 days.
“(2) Proof of commencement of continuous presence.—For purposes of establishing that the period of continuous physical presence referred to in paragraph (1) commenced not later than December 1, 1995, an alien—
“(A) shall demonstrate that the alien, prior to December 1, 1995—
“(iii)
was placed in exclusion proceedings under section 236 of such Act [
8 U.S.C. 1226] (as so in effect);
“(iv)
applied for adjustment of status under section 245 of such Act [
8 U.S.C. 1255];
“(vi)
performed
service, or engaged in a trade or business, within the
United States which is evidenced by records maintained by the
Commissioner of Social Security; or
“(B)
shall make such other demonstration of physical presence as the
Attorney General may provide for by regulation.
“(c) Stay of Removal; Work Authorization.—
“(1) In general.—
The
Attorney General shall provide by regulation for an
alien subject to a final
order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a).
“(3) Work authorization.—
The
Attorney General may authorize an
alien who has applied for adjustment of status under subsection (a) to engage in employment in the
United States during the pendency of such application and may provide the
alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
“(d) Adjustment of Status for Spouses and Children.—
“(1) In general.—The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if—
“(B) the alien—
“(i)
is the spouse, child, or
unmarried son or daughter of an
alien whose status is adjusted to that of an
alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an
unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the
United States for a continuous period beginning not later than
December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or
“(ii)
was, at the time at which an
alien filed for adjustment under subsection (a), the spouse or child of an
alien whose status is adjusted, or was eligible for adjustment, to that of an
alien lawfully admitted for permanent residence under subsection (a), and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by the
alien that filed for adjustment under subsection (a);
“(C)
the
alien applies for such adjustment and is physically present in the
United States on the date the application is filed;
“(E)
applies for such adjustment before
April 1, 2000, or, in the case of an
alien who qualifies under subparagraph (B)(ii), applies for such adjustment during the 18-month period beginning on the date of enactment of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 [
Jan. 5, 2006].
“(2) Proof of continuous presence.—For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien—
“(A)
shall demonstrate that such period commenced not later than December 1, 1995, in a manner consistent with subsection (b)(2); and
“(B)
shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the
United States for any period in the aggregate not exceeding 180 days.
“(e) Availability of Administrative Review.—The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to—
“(f) Limitation on Judicial Review.—
A determination by the
Attorney General as to whether the status of any
alien should be adjusted under this section is final and shall not be subject to review by any court.
“(h) Application of Immigration and Nationality Act Provisions.—
Except as otherwise specifically provided in this section, the definitions contained in the
Immigration and Nationality Act [
8 U.S.C. 1101 et seq.] shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the
Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or
naturalization. The fact that an
alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not preclude the
alien from seeking such status under any other provision of law for which the
alien may be eligible.”
[Pub. L. 109–162, title VIII, § 815(c), Jan. 5, 2006, 119 Stat. 3060, provided that:
“The amendment made by subsection (b) [amending
section 202(d)(3) of Pub. L. 105–100, set out above] shall take effect as if included in the enactment of the
Violence Against Women Act of 2000 (division B of
Public Law 106–386;
114 Stat. 1491).”
]
Adjustment of Status for Certain Polish and Hungarian Parolees
Pub. L. 104–208, div. C, title VI, § 646, Sept. 30, 1996, 110 Stat. 3009–709, provided that:
“(b) Aliens Eligible for Adjustment of Status.—The benefits provided in subsection (a) shall only apply to an alien who—
“(1)
was a
national of Poland or Hungary; and
“(2)
was inspected and granted parole into the
United States during the period beginning on
November 1, 1989, and ending on
December 31, 1991, after being denied
refugee status.
“(c) Waiver of Certain Grounds for Inadmissibility.—
The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the
Immigration and Nationality Act [
8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the
Attorney General may waive any other provision of such section (other than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
Adjustment of Status of Certain Nationals of People’s Republic of China
Pub. L. 102–404, Oct. 9, 1992, 106 Stat. 1969, provided that:
“SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE’S REPUBLIC OF CHINA.
“(a) In General.—Subject to subsection (c)(1), whenever an alien described in subsection (b) applies for adjustment of status under section 245 of the Immigration and Nationality Act [8 U.S.C. 1255] during the application period (as defined in subsection (e)) the following rules shall apply with respect to such adjustment:
“(2)
The application shall be considered without regard to whether an
immigrant visa number is immediately available at the time the application is filed.
“(3) In determining the alien’s admissibility as an immigrant, and the alien’s eligibility for an immigrant visa—
“(A)
paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act [
8 U.S.C. 1182(a), (e)] shall not apply; and
“(B)
the
Attorney General may waive any other provision of
section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest.
“(4)
The numerical level of section 202(a)(2) of such Act [
8 U.S.C. 1152(a)(2)] shall not apply.
“(b) Aliens Covered.—For purposes of this section, an alien described in this subsection is an alien who—
“(2)
has resided continuously in the
United States since
April 11, 1990 (other than brief, casual, and innocent absences); and
“(3)
was not physically present in the People’s Republic of China for longer than 90 days after such date and before the date of the enactment of this Act [Oct. 9, 1992].
“(c) Condition; Dissemination of Information.—
“(1) Not applicable if safe return permitted.—
Subsection (a) shall not apply to any
alien if the President has determined and certified to
Congress, before the first day of the application period, that conditions in the People’s Republic of China permit
aliens described in subsection (b)(1) to return to that
foreign state in safety.
“(2) Dissemination of information.—
If the President has not made the certification described in paragraph (1) by the first day of the application period, the
Attorney General shall, subject to the availability of appropriations, immediately broadly disseminate to
aliens described in subsection (b)(1) information respecting the benefits available under this section. To the extent practicable, the
Attorney General shall provide notice of these benefits to the last known mailing address of each such
alien.
“(d) Offset in Per Country Numerical Level.—
“(1) In general.—
The numerical level under section 202(a)(2) of the
Immigration and Nationality Act [
8 U.S.C. 1152(a)(2)] applicable to natives of the People’s Republic of China in each applicable fiscal year (as defined in paragraph (3)) shall be reduced by 1,000.
“(2) Allotment if section 202(e) applies.—If section 202(e) of the Immigration and Nationality Act is applied to the People’s Republic of China in an applicable fiscal year, in applying such section—
“(B)
700
immigrant visa numbers shall be deemed to have been previously issued to natives of that
foreign state under section 203(b)(5) of such Act in that year.
“(3) Applicable fiscal year.—
“(A) In general.—In this subsection, the term ‘applicable fiscal year’ means each fiscal year during the period—
“(i)
beginning with the fiscal year in which the application period begins; and
“(ii)
ending with the first fiscal year by the end of which the cumulative number of
aliens counted for all fiscal years under subparagraph (B) equals or exceeds the total number of
aliens whose status has been adjusted under section 245 of the
Immigration and Nationality Act [
8 U.S.C. 1255] pursuant to subsection (a).
“(B) Number counted each year.—
The number counted under this subparagraph for a fiscal year (beginning during or after the application period) is 1,000, plus the number (if any) by which (i) the immigration level under section 202(a)(2) of the
Immigration and Nationality Act for the People’s Republic of China in the fiscal year (as reduced under this subsection), exceeds (ii) the number of
aliens who were chargeable to such level in the year.
“(e) Application Period Defined.—
In this section, the term ‘application period’ means the 12-month period beginning July 1, 1993.”
Adjustment of Status for Certain H–1 Nonimmigrant Nurses
Pub. L. 101–238, § 2, Dec. 18, 1989, 103 Stat. 2099, as amended by Pub. L. 101–649, title I, § 162(f)(1), Nov. 29, 1990, 104 Stat. 5011; Pub. L. 102–232, title III, §§ 302(e)(10), 307(l)(10), Dec. 12, 1991, 105 Stat. 1746, 1757, provided that:
“(a) In General.—The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall not apply to the adjustment of status under section 245 of such Act [8 U.S.C. 1255] of an immigrant, and the immigrant’s accompanying spouse and children—
“(1)
who, as of
September 1, 1989, has the status of a nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such Act [
8 U.S.C. 1101(a)(15)(H)(i)] to perform
services as a registered nurse,
“(2)
who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this Act [
Dec. 18, 1989]), has been employed as a registered nurse in the
United States, and
“(3)
whose continued employment as a registered nurse in the
United States meets the standards established for the certification described in section 212(a)(5)(A) of such Act [
8 U.S.C. 1182(a)(5)(A)].
The
Attorney General shall promulgate regulations to carry out this subsection by not later than 90 days after the date of the enactment of this Act.
“(b) Transition.—
For purposes of adjustment of status under section 245 of the
Immigration and Nationality Act [
8 U.S.C. 1255] in the case of an
alien who, as of
September 1, 1989, is present in the
United States in the status of a nonimmigrant under section 101(a)(15)(H)(i) of such Act [
8 U.S.C. 1101(a)(15)(H)(i)] to perform
services as a registered nurse, who, as of
September 1, 1989, is present in the
United States and had been admitted to the
United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform
services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status, or who is the spouse or child of such an
alien, unauthorized employment performed before the date of the enactment of the
Immigration Act of 1990 [
Nov. 29, 1990] shall not be taken into account in applying section 245(c)(2) of the
Immigration and Nationality Act and such an
alien shall be considered as having continued to maintain lawful status throughout his or her stay in the
United States as a nonimmigrant until the end of the 120-day period beginning on the date the
Attorney General promulgates regulations carrying out the amendments made by section 162(f)(1) of the
Immigration Act of 1990 [
Pub. L. 101–649, amending this note].
“(d) Application Period.—
The
alien, and accompanying spouse and children, must apply for such adjustment within the 5-year period beginning on the date the
Attorney General promulgates regulations required under subsection (a).”
[Pub. L. 102–232, title III, § 302(e)(10), Dec. 12, 1991, 105 Stat. 1746, provided that the amendment made by section 302(e)(10) to section 2(b) of Pub. L. 101–238, set out above, is effective as if included in the Immigration Nursing Relief Act of 1989, Pub. L. 101–238.]
[Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) to section 2(a)(3) of Pub. L. 101–238, set out above, is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.]
Adjustment of Status for Certain Soviet and Indochinese Parolees
Pub. L. 106–429, § 101(a) [title V, § 586], Nov. 6, 2000, 114 Stat. 1900, 1900A–57, as amended by Pub. L. 108–447, div. D, title V, § 534(m)(1)–(6), Dec. 8, 2004, 118 Stat. 3007, provided that:
“(a) The status of certain aliens from Vietnam, Cambodia, and Laos described in subsection (b) of this section may be adjusted by the Secretary of Homeland Security, under such regulations as the Secretary of Homeland Security may prescribe, to that of an alien lawfully admitted permanent residence if—
“(1)
the
alien makes an application for such adjustment and pays the appropriate fee;
“(b) The benefits provided by subsection (a) shall apply to any alien who is a native or citizen of Vietnam, Laos, or Cambodia and who was inspected and paroled into the United States before October 1, 1997 and was physically present in the United States on October 1, 1997; and
“(1)
was paroled into the
United States from Vietnam under the auspices of the Orderly Departure Program; or
“(c) Waiver of Certain Grounds for Inadmissibility.—
The provisions of paragraphs (4), (5), and (7)(A) and (9) of section 212(a) of the
Immigration and Nationality Act [
8 U.S.C. 1182(a)(4), (5), (7)(A), (9)] shall not be applicable to any
alien seeking admission to the
United States under this subsection, and nothwithstanding [sic] any other provision of law, the
Secretary of Homeland Security may waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(a)(8)(A); 212(a)(10)(B) and (D) with respect to such an
alien in order to prevent extreme hardship to the
alien or the
alien’s spouse, parent, son or daughter, who is a citizen of the
United States or an alien
lawfully admitted for permanent residence. Any such waiver by the
Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation.
“(d) Date of Approval.—
Upon the approval of such an application for adjustment of status, the
Secretary of Homeland Security shall create a record of the
alien’s admission as a lawful
permanent resident as of the date of the
alien’s inspection and parole described in subsection (b)(1), (b)(2) and (b)(3).
“(f) Adjudication of Applications.—The Secretary of Homeland Security shall—
“(1)
adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications that previously existed in law or regulation; and
“(2)
not charge a fee in addition to any fee that previously was submitted with such application.”
[Pub. L. 108–447, div. D, title V, § 534(m)(7), Dec. 8, 2004, 118 Stat. 3007, provided that:
“The amendments made by this subsection [amending section 101(a) [title V, § 586] of
Pub. L. 106–429, set out above] shall take effect as if enacted as part of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 [
Pub. L. 106–429].”
]
Pub. L. 101–167, title V, § 599E, Nov. 21, 1989, 103 Stat. 1263, as amended by Pub. L. 101–513, title V, § 598(b), Nov. 5, 1990, 104 Stat. 2063; Pub. L. 101–649, title VI, § 603(a)(22), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232, title III, § 307(l)(9), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 102–391, title V, § 582(a)(2), (b)(2), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102–511, title IX, § 905(b)(2), Oct. 24, 1992, 106 Stat. 3356; Pub. L. 103–236, title V, § 512(2), Apr. 30, 1994, 108 Stat. 466; Pub. L. 103–416, title II, § 219(bb), Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 575(2)], Sept. 30, 1996, 110 Stat. 3009–121, 3009–168; Pub. L. 104–319, title I, § 101(2), Oct. 19, 1996, 110 Stat. 3865; Pub. L. 105–118, title V, § 574(2), Nov. 26, 1997, 111 Stat. 2432; Pub. L. 105–277, div. A, § 101(f) [title VII, § 705(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–389; Pub. L. 106–113, div. B, § 1000(a)(4) [title II, § 214(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A–240; Pub. L. 106–554, § 1(a)(1) [title II, § 212(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–27; Pub. L. 107–116, title II, § 213(2), Jan. 10, 2002, 115 Stat. 2200; Pub. L. 108–7, div. G, title II, § 213(2), Feb. 20, 2003, 117 Stat. 324; Pub. L. 108–199, div. E, title II, § 213(2), Jan. 23, 2004, 118 Stat. 253; Pub. L. 108–447, div. F, title II, § 213(2), Dec. 8, 2004, 118 Stat. 3140; Pub. L. 109–102, title V, § 534(m)(2), Nov. 14, 2005, 119 Stat. 2211; Pub. L. 109–289, div. B, title II, § 20412(b)(2), as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 25; Pub. L. 110–161, div. J, title VI, § 634(k)(2), Dec. 26, 2007, 121 Stat. 2329; Pub. L. 111–8, div. H, title VII, § 7034(g)(2), Mar. 11, 2009, 123 Stat. 878; Pub. L. 111–117, div. F, title VII, § 7034(f)(2), Dec. 16, 2009, 123 Stat. 3361; Pub. L. 112–10, div. B, title XI, § 2121(m)(2), Apr. 15, 2011, 125 Stat. 186; Pub. L. 112–74, div. I, title VII, § 7034(r)(2), Dec. 23, 2011, 125 Stat. 1218; Pub. L. 113–6, div. F, title VII, § 1706(h)(2), Mar. 26, 2013, 127 Stat. 430; Pub. L. 113–76, div. K, title VII, § 7034(m)(8)(B), Jan. 17, 2014, 128 Stat. 516; Pub. L. 113–235, div. J, title VII, § 7034(l)(8)(B), Dec. 16, 2014, 128 Stat. 2625; Pub. L. 114–113, div. K, title VII, § 7034(k)(8)(B), Dec. 18, 2015, 129 Stat. 2765; Pub. L. 115–31, div. J, title VII, § 7034(k)(5)(B), May 5, 2017, 131 Stat. 651; Pub. L. 115–141, div. K, title VII, § 7034(l)(5)(B), Mar. 23, 2018, 132 Stat. 895; Pub. L. 116–6, div. F, title VII, § 7034(m)(5)(B), Feb. 15, 2019, 133 Stat. 327; Pub. L. 116–94, div. G, title VII, § 7034(l)(5)(B), Dec. 20, 2019, 133 Stat. 2873; Pub. L. 116–260, div. K, title VII, § 7034(l)(5)(B), Dec. 27, 2020, 134 Stat. 1750; Pub. L. 117–103, div. K, title VII, § 7034(l)(5)(B), Mar. 15, 2022, 136 Stat. 623; Pub. L. 117–328, div. K, title VII, § 7034(l)(2)(B), Dec. 29, 2022, 136 Stat. 5033; Pub. L. 118–47, div. F, title VII, § 7034(k)(2)(B), Mar. 23, 2024, 138 Stat. 791, provided that:
“(b) Aliens Eligible for Adjustment of Status.—The benefits provided in subsection (a) shall only apply to an alien who—
“(1)
was a
national of an independent
state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and
“(2)
was inspected and granted parole into the
United States during the period beginning on
August 15, 1988, and ending on
September 30, 2024, after being denied
refugee status.
“(c) Waiver of Certain Grounds for Inadmissibility.—
The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the
Immigration and Nationality Act [
8 U.S.C. 1182(a)(4), (5), (7)(A)] shall not apply to adjustment of status under this section and the
Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
“(d) Date of Approval.—
Upon the approval of such an application for adjustment of status, the
Attorney General shall create a record of the
alien’s admission as a lawful
permanent resident as of the date of the
alien’s inspection and parole described in subsection (b)(2).
[Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) to section 599E of Pub. L. 101–167, set out above, is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.]
Pub. L. 95–145, title I, §§ 101–107, Oct. 28, 1977, 91 Stat. 1223, as amended by Pub. L. 96–212, title II, § 203(i), Mar. 17, 1980, 94 Stat. 108, provided that status of alien who was native or citizen of Vietnam, Laos, or Cambodia, and was paroled into United States as refugee between Mar. 31, 1975, and Jan. 1, 1979, or was inspected and admitted or paroled into United States on or before Mar. 31, 1975, and was physically present in United States on Mar. 31, 1975, could be adjusted by Attorney General to that of an alien lawfully admitted for permanent residence if alien applied for such adjustment within six years after Oct. 28, 1977, and met certain other eligibility requirements.
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status
Pub. L. 97–271, Sept. 30, 1982, 96 Stat. 1157, as amended by Pub. L. 101–649, title I, § 162(e)(6), Nov. 29, 1990, 104 Stat. 5011, provided that status of alien who was inspected and admitted to Virgin Islands of the United States as a nonimmigrant alien worker under section 1101(a)(15)(H)(ii) of this title, or as spouse or minor child of such worker, and had resided continuously in Virgin Islands of the United States since June 30, 1975, could be adjusted by Attorney General to that of an alien lawfully admitted for permanent residence if alien applied for such adjustment during one-year period beginning Sept. 30, 1982, and met certain other eligibility requirements.
Cuban Refugees: Adjustment of Status
Pub. L. 104–208, div. C, title VI, § 606, Sept. 30, 1996, 110 Stat. 3009–695 provided that:
“(b) Limitation.—
Subsection (a) shall not apply to
aliens for whom an application for adjustment of status is pending on such effective date.”
Pub. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, as amended by Pub. L. 94–571, § 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96–212, title II, § 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L. 106–386, div. B, title V, § 1509(a), Oct. 28, 2000, 114 Stat. 1530; Pub. L. 109–162, title VIII, § 823(a), Jan. 5, 2006, 119 Stat. 3063, provided:
“That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act [subsec. (c) of this section], the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien’s admission for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such alien in the United States, except that such spouse or child who has been battered or subjected to extreme cruelty may adjust to permanent resident status under this Act without demonstrating that he or she is residing with the Cuban spouse or parent in the United States. In acting on applications under this section with respect to spouses or children who have been battered or subjected to extreme cruelty, the Attorney General shall apply the provisions of section 204(a)(1)(J) [probably means section 204(a)(1)(J) of the Immigration and Nationality Act, which is classified to section 1154(a)(1)(J) of this title]. An alien who was the spouse of any Cuban alien described in this section and has resided with such spouse shall continue to be treated as such a spouse for 2 years after the date on which the Cuban alien dies (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthorization Act of 2005) [Jan. 5, 2006], or for 2 years after the date of termination of the marriage (or, if later, 2 years after the date of enactment of Violence Against Women and Department of Justice Reauthorization Act of 2005) if there is demonstrated a connection between the termination of the marriage and the battering or extreme cruelty by the Cuban alien.
“Sec. 2.
In the case of any
alien described in section 1 of this Act who prior to the effective date thereof [
Nov. 2, 1966], has been lawfully admitted into the
United States for
permanent residence, the
Attorney General shall, upon application, record his admission for
permanent residence as of the date the
alien originally arrived in the
United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act [
Nov. 2, 1966], whichever date is later.
“Sec. 3.
Section 13 of the Act entitled ‘An Act to amend the
Immigration and Nationality Act, and for other purposes’, approved
October 3, 1965 (
Public Law 89–236) [amending subsecs. (b) and (c) of this section] is amended by adding at the end thereof the following new subsection:
“ ‘(c) Nothing contained in subsection (b) of this section [amending subsec. (c) of this section] shall be construed to affect the validity of any application for adjustment under section 245 [this section] filed with the Attorney General prior to December 1, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act [Pub. L. 89–236] are, unless otherwise specifically provided therein, continued in force and effect.’
“Sec. 4.
Except as otherwise specifically provided in this Act, the definitions contained in section 101(a) and (b) of the
Immigration and Nationality Act [section 1101(a), (b) of this title] shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the
Attorney General in the administration and enforcement of the
Immigration and Nationality Act [this chapter] or any other law relating to immigration, nationality, or
naturalization.
“Sec. 5.
The approval of an application for adjustment of status to that of lawful
permanent resident of the
United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of
State to reduce the number of visas authorized to be issued in any class in the case of any
alien who is physically present in the
United States on or before the effective date of the
Immigration and Nationality Act Amendments of 1976 [see Effective Date of 1976 Amendment note above].”
[Pub. L. 109–162, title VIII, § 823(b), Jan. 5, 2006, 119 Stat. 3063, provided that:
“The amendment made by subsection (a)(1) [amending
Pub. L. 89–732 set out above] shall take effect as if included in the enactment of the
Violence Against Women Act of 2000 (division B of
Public Law 106–386;
114 Stat. 1491).”
]
[Pub. L. 106–386, div. B, title V, § 1509(b), Oct. 28, 2000, 114 Stat. 1531, provided that:
“The amendment made by subsection (a) [amending
Pub. L. 89–732 set out above] shall be effective as if included in subtitle G [§ 40701 et seq.] of title IV of the
Violent Crime Control and Law Enforcement Act of 1994 (
Public Law 103–322;
108 Stat. 1953 et seq. [see Tables for classification].)”
]
[Pub. L. 96–212, title II, § 204(b)(1)(C), Mar. 17, 1980, 94 Stat. 108, provided that the amendment made by section 204(b)(1)(C) to section 1 of Pub. L. 89–732, set out above, is effective immediately before Apr. 1, 1980.]
