8 U.S.C. § 1255b
Notwithstanding any other provision of law-
Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii) ], who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act [ 8 U.S.C. 1152 ] for the fiscal year then current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.
The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
8 U.S.C. § 1255b
EDITORIAL NOTES
REFERENCES IN TEXTThe Immigration and Nationality Act, referred to in subsec. (b), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.
CODIFICATIONSection was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.
AMENDMENTS1996-Subsec. (c). Pub. L. 104-208 made technical amendment to directory language of Pub. L. 103-416, §207(2). See 1994 Amendment note below.1994-Subsec. (c). Pub. L. 103-416, §207(1), struck out after second sentence "If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law." Pub. L. 103-416, §207(2), as amended by Pub. L. 104-208 substituted "The" for "If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the".1988-Subsec. (b). Pub. L. 100-525 struck out "of" after "as of the date".1981-Subsec. (b). Pub. L. 97-116 inserted provision requiring that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416 see section 671(b)(14) of Pub. L. 104-208 set out as a note under section 1101 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97-116 set out as a note under section 1101 of this title.
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.
DEFINITIONS; APPLICABILITY OF SECTION 1101(A) AND (B) OF THIS TITLEThe definitions in subsecs. (a) and (b) of section 1101 of this title apply to this section, see section 14 of Pub. L. 85-316 set out as a note under section 1101 of this title.
- 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.
- 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.
- 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.
- 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.