8 U.S.C. § 1255a
The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements:
Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986) designated by the Attorney General.
An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under section 1252 of this title (as in effect before October 1, 1996), must make application under this section not later than the end of the 30-day period beginning either on the first day of such 12-month period or on the date of the issuance of such order, whichever day is later.
Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under section 1154(a) of this title.
The alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date and through the date the application is filed under this subsection.
In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982, the alien must establish that the alien's period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien's unlawful status was known to the Government as of such date.
If the alien was at any time a nonimmigrant exchange alien (as defined in section 1101(a)(15)(J) of this title), the alien must establish that the alien was not subject to the two-year foreign residence requirement of section 1182(e) of this title or has fulfilled that requirement or received a waiver thereof.
The alien must establish that the alien has been continuously physically present in the United States since November 6, 1986.
An alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States.
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 adjustment of status under this subsection.
The alien must establish that he-
For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of Public Law 96-422 [ 8 U.S.C. 1522 note] shall be considered to have entered the United States and to be in an unlawful status in the United States.
The Attorney General shall adjust the status of any alien provided lawful temporary resident status under subsection (a) to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:
The alien must apply for such adjustment during the 2-year period beginning with the nineteenth month that begins after the date the alien was granted such temporary resident status.
The alien must establish that he has continuously resided in the United States since the date the alien was granted such temporary resident status.
An alien shall not be considered to have lost the continuous residence referred to in clause (i) by reason of an absence from the United States permitted under paragraph (3)(A).
The alien must establish that he-
The alien must demonstrate that he either-
The Attorney General may, in his discretion, waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older or who is developmentally disabled.
In accordance with regulations of the Attorney General, an alien who has demonstrated under clause (i)(I) that the alien meets the requirements of section 1423(a) of this title may be considered to have satisfied the requirements of that section for purposes of becoming naturalized as a citizen of the United States under subchapter III.
The Attorney General shall provide for termination of temporary resident status granted an alien under subsection (a)-
During the period an alien is in lawful temporary resident status granted under subsection (a)-
The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need.
The Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an "employment authorized" endorsement or other appropriate work permit.
The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed-
As used in this section, the term "qualified designated entity" means an organization or person designated under paragraph (2).
For purposes of assisting in the program of legalization provided under this section, the Attorney General-
Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
Files and records of qualified designated entities relating to an alien's seeking assistance or information with respect to filing an application under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien.
Except as provided in this paragraph, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may-
The Attorney General shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
The Attorney General may provide, in the Attorney General's discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13.
Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.
Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.
Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
The Attorney General shall provide for a schedule of fees to be charged for the filing of applications for adjustment under subsection (a) or (b)(1). The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) after the end of the first year of the 2-year period described in subsection (b)(1)(A).
The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section.
Not to exceed $3,000,000 of the unobligated balances remaining in the account established in subparagraph (B) shall be available in fiscal year 1992 and each fiscal year thereafter for grants, contracts, and cooperative agreements to community-based organizations for outreach programs, to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices: Provided, That such amounts shall be in addition to any funds appropriated to the Office of Special Counsel for such purposes: Provided further, That none of the funds made available by this section shall be used by the Office of Special Counsel to establish regional offices.
The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
In the determination of an alien's admissibility under subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B)-
The provisions of paragraphs (5) and (7)(A) of section 1182(a) of this title shall not apply.
Except as provided in clause (ii), the Attorney General may waive any other provision of section 1182(a) of this title in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
The following provisions of section 1182(a) of this title may not be waived by the Attorney General under clause (i):
Subclause (IV) (prohibiting the waiver of section 1182(a)(4) of this title) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act [ 42 U.S.C. 1382c(a)(1) ]).
An alien is not ineligible for adjustment of status under this section due to being inadmissible under section 1182(a)(4) of this title if the alien demonstrates a history of employment in the United States evidencing self-support without receipt of public cash assistance.
The alien shall be required, at the alien's expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice.
The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1)(A) and who can establish a prima facie case of eligibility to have his status adjusted under subsection (a) (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien-
The Attorney General shall provide that in the case of an alien who presents a prima facie application for adjustment of status under subsection (a) during the application period, and until a final determination on the application has been made in accordance with this section, the alien-
There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
No denial of adjustment of status under this section based on a late filing of an application for such adjustment may be reviewed by a court of the United States or of any State or reviewed in any administrative proceeding of the United States Government.
The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of a determination described in paragraph (1).
Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
There shall be judicial review of such a denial only in the judicial review of an order of deportation under section 1105a of this title (as in effect before October 1, 1996).
Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
Notwithstanding any other provision of law, no court shall have jurisdiction of any cause of action or claim by or on behalf of any person asserting an interest under this section unless such person in fact filed an application under this section within the period specified by subsection (a)(1), or attempted to file a complete application and application fee with an authorized legalization officer of the Service but had the application and fee refused by that officer.
The Attorney General, after consultation with the Committees on the Judiciary of the House of Representatives and of the Senate, shall prescribe-
In prescribing regulations described in paragraph (1)(A)-
The Attorney General shall specify individual periods, and aggregate periods, of absence from the United States which will be considered to break a period of continuous residence in the United States and shall take into account absences due merely to brief and casual trips abroad.
The Attorney General shall provide that-
The Attorney General may provide for a waiver, in the discretion of the Attorney General, of the periods specified under subparagraph (A) in the case of an absence from the United States due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.
The Attorney General shall require that-
Regulations prescribed under this section may be prescribed to take effect on an interim final basis if the Attorney General determines that this is necessary in order to implement this section in a timely manner.
During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a), and notwithstanding any other provision of law-
Unless otherwise specifically provided by this section or other law, an alien in temporary lawful residence status granted under subsection (a) shall not be considered (for purposes of any law of a State or political subdivision providing for a program of financial assistance) to be permanently residing in the United States under color of law.
Paragraph (1) shall not apply-
Subject to the restrictions under subparagraph (B), for the purpose of providing aliens with eligibility to receive medical assistance-
Notwithstanding any provision of title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.] (including subparagraphs (B) and (C) of section 1902(a)(10) of such Act [ 42 U.S.C. 1396a(a)(10)(B), (C) ]), aliens who, but for subparagraph (A), would be ineligible for medical assistance under paragraph (1), are only eligible for such assistance with respect to-
The restrictions of clause (i) shall not apply to aliens who are described in paragraph (2) or who are under 18 years of age.
In this paragraph, the term "medical assistance" refers to medical assistance under a State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.].
Assistance furnished under any of the following provisions of law shall not be construed to be financial assistance described in paragraph (1)(A)(i):
For the purpose of section 501 of the Refugee Education Assistance Act of 1980 ( Public Law 96-122) 2 [ 8 U.S.C. 1255 note], assistance shall be continued under such section with respect to an alien without regard to the alien's adjustment of status under this section.
Beginning not later than the date designated by the Attorney General under subsection (a)(1)(A), the Attorney General, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits which aliens may receive under this section and the requirements to obtain such benefits.
1 So in original.
2 So in original. Probably should be "( Public Law 96-422)".
8 U.S.C. § 1255a
EDITORIAL NOTES
REFERENCES IN TEXTThe Military Selective Service Act, referred to in subsec. (a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. Public Law 96-422 referred to in subsecs. (a) and (h)(2)(A), (5), is Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, which is known as the Refugee Education Assistance Act of 1980, and is set out as a note under section 1522 of this title. Public Law 89-732 referred to in subsec. (c)(2)(B), is Pub. L. 89-732, Nov. 2, 1966, 80 Stat. 1161, which is set out as a note under section 1255 of this title. Public Law 95-145 referred to in subsec. (c)(2)(B), is Pub. L. 95-145, Oct. 28, 1977, 91 Stat. 1223. Title I of Pub. L. 95-145 is set out as a note under section 1255 of this title. Title II of Pub. L. 95-145 amended Pub. L. 94-23 which was set out as a note under section 2601 of Title 22, Foreign Relations and Intercourse, and was repealed by Pub. L. 96-212, title III, §312(c), Mar. 17, 1980, 94 Stat. 117.Section 404 of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(5)(A)(i), is section 404 of Pub. L. 99-603 which is set out as a note below.Section 1105a of this title, referred to in subsec. (f)(4)(A), was repealed by Pub. L. 104-208, div. C, title III, §306(b), Sept. 30, 1996, 110 Stat. 3009-612.The Social Security Act, referred to in subsec. (h)(1)(A), (2)(B), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A, B, D, and E of title IV of the Social Security Act are classified generally to parts A (§601 et seq.), B (§620 et seq.), D (§651 et seq.), and E (§670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Titles I, V, X, XIV, XVI, XIX, and XX of the Social Security Act are classified generally to subchapters I (§301 et seq.), V (§701 et seq.), X (§1201 et seq.), XIV (§1351 et seq.), XVI (§1381 et seq.), XIX (§1396 et seq.), and XX (§1397 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Section 301 of the Social Security Amendments of 1972, referred to in subsec. (h)(4)(I), is section 301 of Pub. L. 92-603, title III, Oct. 30, 1972, 86 Stat. 1465, which enacted sections 1381 to 1382e and 1383 to 1383c of Title 42.The Food and Nutrition Act of 2008, referred to in subsec. (h)(1)(A)(iii), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.The Richard B. Russell National School Lunch Act, referred to in subsec. (h)(4)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (h)(4)(C), is Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109-270, §1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.The Elementary and Secondary Education Act of 1965, referred to in subsec. (h)(4)(D), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E), is title V of Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 527, which was classified generally to subchapter V (§2921 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 97-35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.The Workforce Innovation and Opportunity Act, referred to in subsec. (h)(4)(F), is Pub. L. 113-128, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.The Public Health Service Act, referred to in subsec. (h)(4)(H), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
PRIOR PROVISIONSA prior section 1255a, Pub. L. 85-316, §9, Sept. 11, 1957, 71 Stat. 641, provided for adjustment of status of certain resident aliens to that of a person admitted for permanent residence, the recording by Attorney General of alien's lawful admission for permanent residence, and for granting of nonquota status to spouse and children, prior to repeal, eff. 180 days after Sept. 26, 1961, by Pub. L. 87-301, §24(a)(5), (b), Sept. 26, 1961, 75 Stat. 657.
AMENDMENTS2014-Subsec. (h)(4)(F). Pub. L. 113-128 substituted "Title I of the Workforce Innovation and Opportunity Act" for "Title I of the Workforce Investment Act of 1998".2008-Subsec. (h)(1)(A)(iii). Pub. L. 110-246, §4002(b)(1)(B), (2) (J), substituted "Food and Nutrition Act of 2008" for "Food Stamp Act of 1977". 2006-Subsec. (h)(4)(C). Pub. L. 109-270 substituted "The Carl D. Perkins Career and Technical Education Act of 2006" for "Carl D. Perkins Vocational and Technical Education Act of 1998". 1999-Subsec. (h)(4)(A). Pub. L. 106-78 substituted "Richard B. Russell National School Lunch Act" for "National School Lunch Act".1998-Subsec. (h)(4)(C). Pub. L. 105-332 substituted "Carl D. Perkins Vocational and Technical Education Act of 1998" for "Vocational Education Act of 1963".Subsec. (h)(4)(F). Pub. L. 105-277, §101(f) [title VIII, §405(f)(4)], substituted "Title I" for "The Job Training Partnership Act or title I". Pub. L. 105-277, §101(f) [title VIII, §405(d)(4)], substituted "The Job Training Partnership Act or title I of the Workforce Investment Act of 1998." for "The Job Training Partnership Act."1996-Subsec. (a)(1)(B). Pub. L. 104-208, §308(g)(5)(A)(iii), inserted "(as in effect before October 1, 1996)" after "section 1252 of this title".Subsec. (c)(5). Pub. L. 104-208, §623(a), amended heading and text of par. (5) generally, substituting subpars. (A) to (E) for former par. consisting of introductory and concluding provisions and subpars. (A) to (C), relating to confidentiality of information. Pub. L. 104-208, §384(d)(1), substituted "Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each violation." for "Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both." in concluding provisions. Pub. L. 104-132, §431(a)(2), which directed the insertion of "and" and cl. (ii) after "Title 13", was executed by making the insertion after "title 13" in concluding provisions to reflect the probable intent of Congress. Cl. (ii) read as follows: "may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used-"(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or"(II) for criminal law enforcement purposes against the alien whose application is to be disclosed." Pub. L. 104-132, §431(a)(1), which directed amendment by inserting "(i)" after "except the Attorney General", was executed by making the insertion after "except that the Attorney General" in concluding provisions to reflect the probable intent of Congress.Subsec. (f)(4)(A). Pub. L. 104-208, §308(g)(2)(B), inserted "(as in effect before October 1, 1996)" after "section 1105a of this title".Subsec. (f)(4)(C). Pub. L. 104-208, §377(a), added subpar. (C).Subsec. (h)(1)(A)(i). Pub. L. 104-193, §110(s)(2)(A), substituted "State program of assistance" for "program of aid to families with dependent children".Subsec. (h)(2)(B). Pub. L. 104-193, §110(s)(2)(B), substituted "assistance under a State program funded under part A of title IV of the Social Security Act" for "aid to families with dependent children". 1994-Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103-416, §108(b), substituted "1423(a)" for "1423".Subsec. (c)(7)(C). Pub. L. 103-416, §219(l)(1), realigned margins and substituted "subparagraph (B)" for "subsection (B)".Subsec. (h)(4)(D). Pub. L. 103-382 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "Chapter 1 of the Education Consolidation and Improvement Act of 1981."1991-Subsec. (c)(7)(C). Pub. L. 102-140 which directed the addition "after subsection (B)" of "a new subsection" (C), was executed by adding subpar. (C) after subpar. (B) to reflect the probable intent of Congress.Subsec. (d)(2)(B)(ii). Pub. L. 102-232 substituted "Subclause (IV)" for "Subclause (II)" in last sentence, added subcl. (III), redesignated former subcl. (III) as (II) and former subcl. (II) as (IV), and struck out former subcl. (IV) which read as follows: "Paragraphs (3) (relating to security and related grounds), other than subparagraph (E) thereof."1990-Subsec. (b)(1)(A). Pub. L. 101-649, §703(a)(1), substituted "2-year period" for "one-year period".Subsec. (b)(2)(C). Pub. L. 101-649, §703(a)(2), substituted "43rd" for "thirty-first".Subsec. (c)(7)(A). Pub. L. 101-649, §703(b), inserted at end "The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) of this section after the end of the first year of the 2-year period described in subsection (b)(1)(A) of this section."Subsec. (d)(2)(A). Pub. L. 101-649, §603(a)(13)(A), substituted "(5) and (7)(A)" for "(14), (20), (21), (25), and (32)".Subsec. (d)(2)(B)(ii). Pub. L. 101-649, §603(a)(13)(G), substituted "1182(a)(4)" for "1182(a)(15)" in last sentence.Subsec. (d)(2)(B)(ii)(I). Pub. L. 101-649, §603(a)(13)(B), substituted "Paragraphs (2)(A) and (2)(B)" for "Paragraphs (9) and (10)".Subsec. (d)(2)(B)(ii)(II). Pub. L. 101-649, §603(a)(13)(C), substituted "(4)" for "(15)".Subsec. (d)(2)(B)(ii)(III). Pub. L. 101-649, §603(a)(13)(D), substituted "(2)(C)" for "(23)".Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101-649, §603(a)(13)(E), substituted "(3) (relating to security and related grounds), other than subparagraph (E) thereof" for "(27), (28), and (29) (relating to national security and members of certain organizations)". Subsec. (d)(2)(B)(ii)(V). Pub. L. 101-649, §603(a)(13)(F), struck out subcl. (V) which referred to par. (33).Subsec. (d)(2)(B)(iii). Pub. L. 101-649, §603(a)(13)(H), substituted "1182(a)(4)" for "1182(a)(15)".1988-Subsec. (a)(1)(B). Pub. L. 100-525, §2(h)(1)(A), substituted "12-month" for "18-month". Subsec. (b)(1)(D)(ii). Pub. L. 100-525, §2(h)(1)(B), inserted references to developmentally disabled in heading and text. Subsec. (c)(1). Pub. L. 100-525, §2(h)(1)(C), amended closing provisions generally without change.Subsec. (c)(5). Pub. L. 100-525, §2(h)(1)(D)(ii), substituted semicolon for period at end of first sentence and inserted "except that the Attorney General may provide, in the Attorney General's discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13."Subsec. (c)(5)(A). Pub. L. 100-525, §2(h)(1)(D)(i), inserted "or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986" after "paragraph (6)".Subsec. (d)(2)(B)(ii). Pub. L. 100-525, §2(h)(1)(E)(ii), inserted at end "Subclause (II) (prohibiting the waiver of section 1182(a)(15) of this title) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act)."Subsec. (d)(2)(B)(ii)(II). Pub. L. 100-525, §2(h)(1)(E)(i), struck out "by an alien other than an alien who is eligible for benefits under title XVI of the Social Security Act or section 212 of Public Law 93-66 for the month in which such alien is granted lawful temporary residence status under subsection (a) of this section" after "permanent residence".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113-128 set out as an Effective Date note under section 3101 of Title 29, Labor.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(J) of Pub. L. 110-246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246 set out as a note under section 1161 of Title 2, The Congress.
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, §405(d)(4)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(4)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)] of Pub. L. 105-277 set out as a note under section 3502 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by section 308(g)(2)(B), (5)(A)(iii) 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, §377(b), Sept. 30, 1996, 110 Stat. 3009-649, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986 [ Pub. L. 99-603]."Amendment by section 384(d)(1) of Pub. L. 104-208 applicable to offenses occurring on or after Sept. 30, 1996, see section 384(d)(2) of Pub. L. 104-208 set out as a note under section 1160 of this title.Amendment by Pub. L. 104-193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104-193 as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 219(l)(1) of Pub. L. 103-416 effective as if included in the enactment of the Immigration Act of 1990, Pub. L. 101-649 see section 219(dd) of Pub. L. 103-416 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1991 AMENDMENT 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)(13) of Pub. L. 101-649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Pub. L. 101-649 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by 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.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONSFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.
REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS Pub. L. 103-416, title I, §109, Oct. 25, 1994, 108 Stat. 4310, provided that not later than June 30, 1996, the Commissioner of the Immigration and Naturalization Service was to prepare and submit to the Congress a report concerning the citizenship status of aliens legalized under this section and section 1160 of this title.
FAMILY UNITY Pub. L. 101-649, title III, §301, Nov. 29, 1990, 104 Stat. 5029, as amended by Pub. L. 101-649, title VI, §603(a)(23), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 103-416, title II, §206(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104-208, div. C, title III, §§308(d)(4)(R), (e) (2)(H), (16), (g)(1), (7)(E)(ii), 383(a), Sept. 30, 1996, 110 Stat. 3009-619 to 3009-622, 3009-624, 3009-652, provided that: "(a) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN ELIGIBLE IMMIGRANTS.-The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (b)(1)) as of May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A)), who has entered the United States before such date, who resided in the United States on such date, and who is not lawfully admitted for permanent residence, the alien-"(1) may not be removed or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 237(a) of the Immigration and Nationality Act [ 8 U.S.C. 1227(a) ] (other than so much of section 237(a)(1)(A) of such Act as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a) of such Act [ 8 U.S.C. 1182(a) ]), and"(2) shall be granted authorization to engage in employment in the United States and be provided an 'employment authorized' endorsement or other appropriate work permit."(b) ELIGIBLE IMMIGRANT AND LEGALIZED ALIEN DEFINED.-In this section:"(1) The term 'eligible immigrant' means a qualified immigrant who is the spouse or unmarried child of a legalized alien."(2) The term 'legalized alien' means an alien lawfully admitted for temporary or permanent residence who was provided-"(A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [ 8 U.S.C. 1160 ], "(B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [ 8 U.S.C. 1255a ], or"(C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [ Pub. L. 99-603 set out below]."(c) APPLICATION OF DEFINITIONS.-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."(d) TEMPORARY DISQUALIFICATION FROM CERTAIN PUBLIC WELFARE ASSISTANCE.-Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public welfare assistance in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration and Nationality Act [ 8 U.S.C. 1255a(h), 1160(f) ]."(e) EXCEPTION FOR CERTAIN ALIENS.-An alien is not eligible for the benefits of this section if the Attorney General finds that-"(1) the alien has been convicted of a felony or 3 or more misdemeanors in the United States,"(2) the alien is described in section 208(b)(2)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1158(b)(2)(A) ], or "(3) [the alien] has committed an act of juvenile delinquency which if committed by an adult would be classified as-"(A) a felony crime of violence that has an element the use or attempted use of physical force against another individual, or "(B) a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense."(f) 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 obtain benefits under this section. "(g) EFFECTIVE DATE.-This section shall take effect on October 1, 1991; except that the delay in effectiveness of this section shall not be construed as reflecting a Congressional belief that the existing family fairness program should be modified in any way before such date." [ Pub. L. 104-208, div. C, title III, §383(b), Sept. 30, 1996, 110 Stat. 3009-652, provided that: "The amendments made by subsection (a) [amending section 301 of Pub. L. 101-649 set out above] shall apply to benefits granted or extended after the date of the enactment of this Act [Sept. 30, 1996]."][ Pub. L. 103-416, title II, §206(b), Oct. 25, 1994, 108 Stat. 4312, provided that: "The amendment made by subsection (a) [amending section 301 of Pub. L. 101-649 set out above] shall be deemed to have become effective as of October 1, 1991."]
USE OF CAPITAL ASSETS BY IMMIGRATION AND NATURALIZATION SERVICE Pub. L. 101-162, 103 Stat. 1000, provided: "That for fiscal year 1990 and hereafter capital assets acquired by the Immigration Legalization account may be made available for the general use of the Immigration and Naturalization Service after they are no longer needed for immigration legalization purposes".
ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLEPub. L. 100-204, title IX, §902, Dec. 22, 1987, 101 Stat. 1400, provided that:"(a) ADJUSTMENT OF STATUS.-The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) 'extended voluntary departure' by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987, shall be adjusted by the Attorney General to that of an alien lawfully admitted for temporary residence if the alien-"(1) applies for such adjustment within two years after the date of the enactment of this Act [Dec. 22, 1987];"(2) establishes that (A) the alien entered the United States before July 21, 1984, and (B) has resided continuously in the United States since such date and through the date of the enactment of this Act;"(3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act;"(4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that (A) the alien's period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or (B) the alien applied for asylum before July 21, 1984; and "(5) meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1255a(a)(4) ).The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act."(b) STATUS AND ADJUSTMENT OF STATUS.-The provisions of subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigration and Nationality Act ( 8 U.S.C. 1255a ) shall apply to aliens provided temporary residence under subsection (a) in the same manner as they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act."Similar provisions were contained in Pub. L. 100-202, §101(a) [title IX, §§901, 902], Dec. 22, 1987, 101 Stat. 1329, 1329-43.
PROCEDURES FOR PROPERTY ACQUISITION OR LEASINGPub. L. 99-603, title II, §201(c)(1), Nov. 6, 1986, 100 Stat. 3403, provided that notwithstanding Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], the Attorney General was authorized for period of up to two years after effective date of legalization program, to expend from appropriation provided for administration and enforcement of this chapter, such amounts necessary for leasing or acquisition of property in fulfillment of section 201 of Pub. L. 99-603 which enacted this section and amended sections 602, 672, and 673 of Title 42, The Public Health and Welfare.
USE OF RETIRED FEDERAL EMPLOYEES Pub. L. 99-603, title II, §201(c)(2), Nov. 6, 1986, 100 Stat. 3403, as amended by Pub. L. 100-525, §2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided that: "Notwithstanding any other provision of law, the retired or retainer pay of a member or former member of the Armed Forces of the United States or the pay and annuity of a retired employee of the Federal Government who retired on or before January 1, 1986, shall not be reduced while such individual is temporarily employed by the Immigration and Naturalization Service for a period of not to exceed 18 months to perform duties in connection with the adjustment of status of aliens under this section [enacting this section and amending sections 602, 672, and 673 of Title 42, The Public Health and Welfare]. The Service shall not temporarily employ more than 300 individuals under this paragraph. Notwithstanding any other provision of law, the annuity of a retired employee of the Federal Government shall not be increased or redetermined under chapter 83 or 84 of title 5, United States Code, as a result of a period of temporary employment under this paragraph."
CUBAN-HAITIAN ADJUSTMENT Pub. L. 99-603, title II, §202, Nov. 6, 1986, 100 Stat. 3404, as amended by Pub. L. 100-525, §2(i), Oct. 24, 1988, 102 Stat. 2612, provided that the status of an alien who received an immigration designation as a Cuban/Haitian Entrant as of Nov. 6, 1986, or who was a national of Cuba or Haiti, who arrived in the United States before Jan. 1, 1982, could be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien applied for such adjustment within two years after Nov. 6, 1986, and met certain other eligibility requirements.
STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS Pub. L. 99-603, title II, §204, Nov. 6, 1986, 100 Stat. 3405, as amended by Pub. L. 100-525, §2(k), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-166, 103 Stat. 1174; Pub. L. 101-238, §6(a), Dec. 18, 1989, 103 Stat. 2104; Pub. L. 101-517, 104 Stat. 2206; Pub. L. 102-170, 105 Stat. 1124; Pub. L. 102-394, 106 Stat. 1808; Pub. L. 103-333, 108 Stat. 2558; Pub. L. 103-416, title II, §219(cc), Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. C, title VI, §671(b)(9), (d) (2), Sept. 30, 1996, 110 Stat. 3009-722, 3009-723, related to State legalization impact-assistance grants and appropriation of funds, prior to repeal by Pub. L. 105-220, title I, §199(a)(1), Aug. 7, 1998, 112 Stat. 1058.
APPLICATION OF CERTAIN STATE ASSISTANCE PROVISIONSPub. L. 99-603, title III, §303(c), Nov. 6, 1986, 100 Stat. 3431, defined "eligible legalized alien" relative to State legalization assistance, prior to repeal by Pub. L. 100-525, §2(n)(3), Oct. 24, 1988, 102 Stat. 2613.
REPORTS ON LEGALIZATION PROGRAM Pub. L. 99-603, title IV, §404, Nov. 6, 1986, 100 Stat. 3442, provided that the President would transmit to Congress two reports on the legalization program established under this section, one describing legalized aliens and the second on the impact on State and local government, employment, and social welfare and medical needs.
- Attorney General
- The term "Attorney General" means the Attorney General of the United States.
- Service
- The term "Service" means the Immigration and Naturalization Service of the Department of Justice.
- State
- The term "State" includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
- alien
- The term "alien" means any person not a citizen or national of the United States.
- lawfully admitted for permanent residence
- The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.
- national
- The term "national" means a person owing permanent allegiance to a state.
- naturalization
- The term "naturalization" means the conferring of nationality of a state upon a person after birth, by any means whatsoever.
- order of deportation
- The term "order of deportation" means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation.
- organization
- The term "organization" means, but is not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a group of persons, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
- permanent
- The term "permanent" means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be permanent even though it is one that may be dissolved eventually at the instance either of the United States or of the individual, in accordance with law.
- person
- The term "person" means an individual or an organization.
- refugee
- The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who 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. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
- residence
- The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent.
- substantial
- The term "substantial" means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of State, after consultation with appropriate agencies of Government.
- Commissioner
- The terms "Commissioner" and "Deputy Commissioner" mean the Commissioner of Immigration and Naturalization and a Deputy Commissioner of Immigration and Naturalization, respectively.
- admitted
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
- admission
- The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.