8 U.S.C. § 1229b : US Code - Section 1229B: Cancellation of removal; adjustment of status

Search 8 U.S.C. § 1229b : US Code - Section 1229B: Cancellation of removal; adjustment of status

    (a) Cancellation of removal for certain permanent residents
      The Attorney General may cancel removal in the case of an alien
    who is inadmissible or deportable from the United States if the
    alien - 
        (1) has been an alien lawfully admitted for permanent residence
      for not less than 5 years,
        (2) has resided in the United States continuously for 7 years
      after having been admitted in any status, and
        (3) has not been convicted of any aggravated felony.
    (b) Cancellation of removal and adjustment of status for certain
      nonpermanent residents
      (1) In general
        The Attorney General may cancel removal of, and adjust to the
      status of an alien lawfully admitted for permanent residence, an
      alien who is inadmissible or deportable from the United States if
      the alien - 
          (A) has been physically present in the United States for a
        continuous period of not less than 10 years immediately
        preceding the date of such application;
          (B) has been a person of good moral character during such
        period;
          (C) has not been convicted of an offense under section
        1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to
        paragraph (5); and
          (D) establishes that removal would result in exceptional and
        extremely unusual hardship to the alien's spouse, parent, or
        child, who is a citizen of the United States or an alien
        lawfully admitted for permanent residence.
      (2) Special rule for battered spouse or child
        (A) Authority
          The Attorney General may cancel removal of, and adjust to the
        status of an alien lawfully admitted for permanent residence,
        an alien who is inadmissible or deportable from the United
        States if the alien demonstrates that - 
            (i)(I) the alien has been battered or subjected to extreme
          cruelty by a spouse or parent who is or was a United States
          citizen (or is the parent of a child of a United States
          citizen and the child has been battered or subjected to
          extreme cruelty by such citizen parent);
            (II) the alien has been battered or subjected to extreme
          cruelty by a spouse or parent who is or was a lawful
          permanent resident (or is the parent of a child of an alien
          who is or was a lawful permanent resident and the child has
          been battered or subjected to extreme cruelty by such
          permanent resident parent); or
            (III) the alien has been battered or subjected to extreme
          cruelty by a United States citizen or lawful permanent
          resident whom the alien intended to marry, but whose marriage
          is not legitimate because of that United States citizen's or
          lawful permanent resident's bigamy;
            (ii) the alien has been physically present in the United
          States for a continuous period of not less than 3 years
          immediately preceding the date of such application, and the
          issuance of a charging document for removal proceedings shall
          not toll the 3-year period of continuous physical presence in
          the United States;
            (iii) the alien has been a person of good moral character
          during such period, subject to the provisions of subparagraph
          (C);
            (iv) the alien is not inadmissible under paragraph (2) or
          (3) of section 1182(a) of this title, is not deportable under
          paragraphs (1)(G) or (2) through (4) of section 1227(a) of
          this title, subject to paragraph (5), and has not been
          convicted of an aggravated felony; and
            (v) the removal would result in extreme hardship to the
          alien, the alien's child, or the alien's parent.
        (B) Physical presence
          Notwithstanding subsection (d)(2) of this section, for
        purposes of subparagraph (A)(ii) or for purposes of section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996), an alien shall not
        be considered to have failed to maintain continuous physical
        presence by reason of an absence if the alien demonstrates a
        connection between the absence and the battering or extreme
        cruelty perpetrated against the alien. No absence or portion of
        an absence connected to the battering or extreme cruelty shall
        count toward the 90-day or 180-day limits established in
        subsection (d)(2) of this section. If any absence or aggregate
        absences exceed 180 days, the absences or portions of the
        absences will not be considered to break the period of
        continuous presence. Any such period of time excluded from the
        180-day limit shall be excluded in computing the time during
        which the alien has been physically present for purposes of the
        3-year requirement set forth in this subparagraph, subparagraph
        (A)(ii), and section 1254(a)(3) of this title (as in effect
        before the title III-A effective date in section 309 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of
        1996).
        (C) Good moral character
          Notwithstanding section 1101(f) of this title, an act or
        conviction that does not bar the Attorney General from granting
        relief under this paragraph by reason of subparagraph (A)(iv)
        shall not bar the Attorney General from finding the alien to be
        of good moral character under subparagraph (A)(iii) or section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996), if the Attorney
        General finds that the act or conviction was connected to the
        alien's having been battered or subjected to extreme cruelty
        and determines that a waiver is otherwise warranted.
        (D) Credible evidence considered
          In acting on applications under this paragraph, the Attorney
        General shall consider any credible evidence relevant to the
        application. The determination of what evidence is credible and
        the weight to be given that evidence shall be within the sole
        discretion of the Attorney General.
      (3) Recordation of date
        With respect to aliens who the Attorney General adjusts to the
      status of an alien lawfully admitted for permanent residence
      under paragraph (1) or (2), the Attorney General shall record the
      alien's lawful admission for permanent residence as of the date
      of the Attorney General's cancellation of removal under paragraph
      (1) or (2).
      (4) Children of battered aliens and parents of battered alien
        children
        (A) In general
          The Attorney General shall grant parole under section
        1182(d)(5) of this title to any alien who is a - 
            (i) child of an alien granted relief under section
          1229b(b)(2) or 1254(a)(3) of this title (as in effect before
          the title III-A effective date in section 309 of the Illegal
          Immigration Reform and Immigrant Responsibility Act of 1996);
          or
            (ii) parent of a child alien granted relief under section
          1229b(b)(2) or 1254(a)(3) of this title (as in effect before
          the title III-A effective date in section 309 of the Illegal
          Immigration Reform and Immigrant Responsibility Act of 1996).
        (B) Duration of parole
          The grant of parole shall extend from the time of the grant
        of relief under subsection (b)(2) of this section or section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996) to the time the
        application for adjustment of status filed by aliens covered
        under this paragraph has been finally adjudicated. Applications
        for adjustment of status filed by aliens covered under this
        paragraph shall be treated as if the applicants were VAWA self-
        petitioners. Failure by the alien granted relief under
        subsection (b)(2) of this section or section 1254(a)(3) of this
        title (as in effect before the title III-A effective date in
        section 309 of the Illegal Immigration Reform and Immigrant
        Responsibility Act of 1996) to exercise due diligence in filing
        a visa petition on behalf of an alien described in clause (i)
        or (ii) may result in revocation of parole.
      (5) Application of domestic violence waiver authority
        The authority provided under section 1227(a)(7) of this title
      may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a
      cancellation of removal and adjustment of status proceeding.
      (6) Relatives of trafficking victims
        (A) In general
          Upon written request by a law enforcement official, the
        Secretary of Homeland Security may parole under section
        1182(d)(5) of this title any alien who is a relative of an
        alien granted continued presence under section 7105(c)(3)(A) of
        title 22, if the relative - 
            (i) was, on the date on which law enforcement applied for
          such continued presence - 
              (I) in the case of an alien granted continued presence
            who is under 21 years of age, the spouse, child, parent, or
            unmarried sibling under 18 years of age, of the alien; or
              (II) in the case of an alien granted continued presence
            who is 21 years of age or older, the spouse or child of the
            alien; or

            (ii) is a parent or sibling of the alien who the requesting
          law enforcement official, in consultation with the Secretary
          of Homeland Security, as appropriate, determines to be in
          present danger of retaliation as a result of the alien's
          escape from the severe form of trafficking or cooperation
          with law enforcement, irrespective of age.
        (B) Duration of parole
          (i) In general
            The Secretary may extend the parole granted under
          subparagraph (A) until the final adjudication of the
          application filed by the principal alien under section
          1101(a)(15)(T)(ii) of this title.
          (ii) Other limits on duration
            If an application described in clause (i) is not filed, the
          parole granted under subparagraph (A) may extend until the
          later of - 
              (I) the date on which the principal alien's authority to
            remain in the United States under section 7105(c)(3)(A) of
            title 22 is terminated; or
              (II) the date on which a civil action filed by the
            principal alien under section 1595 of title 18 is
            concluded.
          (iii) Due diligence
            Failure by the principal alien to exercise due diligence in
          filing a visa petition on behalf of an alien described in
          clause (i) or (ii) of subparagraph (A), or in pursuing the
          civil action described in clause (ii)(II) (as determined by
          the Secretary of Homeland Security in consultation with the
          Attorney General), may result in revocation of parole.
        (C) Other limitations
          A relative may not be granted parole under this paragraph if -
         
            (i) the Secretary of Homeland Security or the Attorney
          General has reason to believe that the relative was knowingly
          complicit in the trafficking of an alien permitted to remain
          in the United States under section 7105(c)(3)(A) of title 22;
          or
            (ii) the relative is an alien described in paragraph (2) or
          (3) of section 1182(a) of this title or paragraph (2) or (4)
          of section 1227(a) of this title.
    (c) Aliens ineligible for relief
      The provisions of subsections (a) and (b)(1) of this section
    shall not apply to any of the following aliens:
        (1) An alien who entered the United States as a crewman
      subsequent to June 30, 1964.
        (2) An alien who was admitted to the United States as a
      nonimmigrant exchange alien as defined in section 1101(a)(15)(J)
      of this title, or has acquired the status of such a nonimmigrant
      exchange alien after admission, in order to receive graduate
      medical education or training, regardless of whether or not the
      alien is subject to or has fulfilled the two-year foreign
      residence requirement of section 1182(e) of this title.
        (3) An alien who - 
          (A) was admitted to the United States as a nonimmigrant
        exchange alien as defined in section 1101(a)(15)(J) of this
        title or has acquired the status of such a nonimmigrant
        exchange alien after admission other than to receive graduate
        medical education or training,
          (B) is subject to the two-year foreign residence requirement
        of section 1182(e) of this title, and
          (C) has not fulfilled that requirement or received a waiver
        thereof.

        (4) An alien who is inadmissible under section 1182(a)(3) of
      this title or deportable under section 1227(a)(4) of this title.
        (5) An alien who is described in section 1231(b)(3)(B)(i) of
      this title.
        (6) An alien whose removal has previously been cancelled under
      this section or whose deportation was suspended under section
      1254(a) of this title or who has been granted relief under
      section 1182(c) of this title, as such sections were in effect
      before September 30, 1996.
    (d) Special rules relating to continuous residence or physical
      presence
      (1) Termination of continuous period
        For purposes of this section, any period of continuous
      residence or continuous physical presence in the United States
      shall be deemed to end (A) except in the case of an alien who
      applies for cancellation of removal under subsection (b)(2) of
      this section, when the alien is served a notice to appear under
      section 1229(a) of this title, or (B) when the alien has
      committed an offense referred to in section 1182(a)(2) of this
      title that renders the alien inadmissible to the United States
      under section 1182(a)(2) of this title or removable from the
      United States under section 1227(a)(2) or 1227(a)(4) of this
      title, whichever is earliest.
      (2) Treatment of certain breaks in presence
        An alien shall be considered to have failed to maintain
      continuous physical presence in the United States under
      subsections (b)(1) and (b)(2) of this section if the alien has
      departed from the United States for any period in excess of 90
      days or for any periods in the aggregate exceeding 180 days.
      (3) Continuity not required because of honorable service in Armed
        Forces and presence upon entry into service
        The requirements of continuous residence or continuous physical
      presence in the United States under subsections (a) and (b) of
      this section shall not apply to an alien who - 
          (A) has served for a minimum period of 24 months in an active-
        duty status in the Armed Forces of the United States and, if
        separated from such service, was separated under honorable
        conditions, and
          (B) at the time of the alien's enlistment or induction was in
        the United States.
    (e) Annual limitation
      (1) Aggregate limitation
        Subject to paragraphs (2) and (3), the Attorney General may not
      cancel the removal and adjust the status under this section, nor
      suspend the deportation and adjust the status under section
      1254(a) of this title (as in effect before September 30, 1996),
      of a total of more than 4,000 aliens in any fiscal year. The
      previous sentence shall apply regardless of when an alien applied
      for such cancellation and adjustment, or such suspension and
      adjustment, and whether such an alien had previously applied for
      suspension of deportation under such section 1254(a) of this
      title. The numerical limitation under this paragraph shall apply
      to the aggregate number of decisions in any fiscal year to cancel
      the removal (and adjust the status) of an alien, or suspend the
      deportation (and adjust the status) of an alien, under this
      section or such section 1254(a) of this title.
      (2) Fiscal year 1997
        For fiscal year 1997, paragraph (1) shall only apply to
      decisions to cancel the removal of an alien, or suspend the
      deportation of an alien, made after April 1, 1997.
      Notwithstanding any other provision of law, the Attorney General
      may cancel the removal or suspend the deportation, in addition to
      the normal allotment for fiscal year 1998, of a number of aliens
      equal to 4,000 less the number of such cancellations of removal
      and suspensions of deportation granted in fiscal year 1997 after
      April 1, 1997.
      (3) Exception for certain aliens
        Paragraph (1) shall not apply to the following:
          (A) Aliens described in section 309(c)(5)(C)(i) of the
        Illegal Immigration Reform and Immigrant Responsibility Act of
        1996 (as amended by the Nicaraguan Adjustment and Central
        American Relief Act).
          (B) Aliens in deportation proceedings prior to April 1, 1997,
        who applied for suspension of deportation under section
        1254(a)(3) of this title (as in effect before September 30,
        1996).