Notes on 8 U.S.C. § 1255 : US Code - Notes

Search Notes on 8 U.S.C. § 1255 : US Code - Notes

(June 27, 1952, ch. 477, title II, ch. 5, Sec. 245, 66 Stat. 217;
Pub. L. 85-700, Sec. 1, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86-
648, Sec. 10, July 14, 1960, 74 Stat. 505; Pub. L. 89-236, Sec.
13, Oct. 3, 1965, 79 Stat. 918; Pub. L. 94-571, Sec. 6, Oct. 20,
1976, 90 Stat. 2705; Pub. L. 97-116, Sec. 5(d)(2), Dec. 29, 1981,
95 Stat. 1614; Pub. L. 99-603, title I, Sec. 117, title III, Sec.
313(c), Nov. 6, 1986, 100 Stat. 3384, 3438; Pub. L. 99-639, Secs.
2(e), 3(b), 5(a), Nov. 10, 1986, 100 Stat. 3542, 3543; Pub. L. 100-
525, Secs. 2(f)(1), (p)(3), 7(b), Oct. 24, 1988, 102 Stat. 2611,
2613, 2616; Pub. L. 101-649, title I, Secs. 121(b)(4), 162(e)(3),
title VII, Sec. 702(a), Nov. 29, 1990, 104 Stat. 5011, 5086; Pub.
L. 102-110, Sec. 2(c), Oct. 1, 1991, 105 Stat. 556; Pub. L. 102-
232, title III, Secs. 302(d)(2), (e)(7), 308(a), Dec. 12, 1991,
105 Stat. 1744, 1746, 1757; Pub. L. 103-317, title V, Sec. 506(b),
Aug. 26, 1994, 108 Stat. 1765; Pub. L. 103-322, title XIII, Sec.
130003(c), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 103-416, title
II, Sec. 219(k), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-132,
title IV, Sec. 413(d), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104-
208, div. C, title III, Secs. 308(f)(1)(O), (2)(C), (g)(10)(B),
375, 376(a), title VI, Sec. 671(a)(4)(A), (5), Sept. 30, 1996, 110
Stat. 3009-621, 3009-625, 3009-648, 3009-721; Pub. L. 105-119,
title I, Secs. 110(3), 111(a), (c), Nov. 26, 1997, 111 Stat. 2458;
Pub. L. 106-386, div. A, Sec. 107(f), div. B, title V, Secs.
1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat. 1479, 1527, 1536;
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(c), (d)(2),
1103(c)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A-143 to 2762A-145;
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1502], Dec.
21, 2000, 114 Stat. 2763, 2763A-324; Pub. L. 108-193, Secs.
4(b)(3), 8(a)(4), Dec. 19, 2003, 117 Stat. 2879, 2886; Pub. L. 109-
162, title VIII, Sec. 803, Jan. 5, 2006, 119 Stat. 3054; Pub. L.
109-271, Sec. 6(f), Aug. 12, 2006, 120 Stat. 763.)
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, Sec. 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                            
2006 - Subsec. (a). Pub. L. 109-271, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 803(a)(2), substituted
"Secretary of Homeland Security" for "Attorney General" in two
places.
Subsec. (l)(5). Pub. L. 109-162, Sec. 803(a)(3), substituted
"Secretary of Homeland Security" for "Attorney General".
Subsec. (m)(1). Pub. L. 109-162, Sec. 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, Sec. 803(b)(1)(B),
substituted "Secretary of Homeland Security" for "Attorney
General".
Subsec. (m)(3). Pub. L. 109-162, Sec. 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, Sec. 803(b)(3), substituted
"Secretary of Homeland Security" for "Attorney General".
2003 - Subsec. (l). Pub. L. 108-193, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 4(b)(3)(B), inserted
"siblings," after "daughters,".
Subsec. (l)(4), (5). Pub. L. 108-193, Sec. 8(a)(4)(A),
redesignated pars. (3) and (4) as (4) and (5), respectively.
Subsec. (m). Pub. L. 108-193, Sec. 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, Sec. 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, Sec. 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) of this section shall not be applicable to" for
"Subsection (a) of this section shall not be applicable to".
Subsec. (d). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)"
in two places.
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 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, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
substituted "under subsection (a) or (m) of this section," for
"under subsection (a) of this section," in two places.
Subsec. (e)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)".
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(B)],
substituted "subsection (a) or (m)" for "subsection (a)".
Subsec. (e)(3). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
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, Sec. 1(a)(4) [div. B, title XV,
Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)".
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
substituted "under subsection (a) or (m) of this section," for
"under subsection (a) of this section,".
Subsec. (i)(1)(B)(i). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
title XV, Sec. 1502(a)(1)(B)], substituted "April 30, 2001" for
"January 14, 1998".
Subsec. (i)(1)(C). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
XV, Sec. 1502(a)(1)(A), (C), (D)], added subpar. (C).
Subsec. (i)(3)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
XV, Sec. 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, Sec. 1513(f), added subsec. (l)
relating to adjustment of status for victims of crimes against
women.
Pub. L. 106-386, Sec. 107(f), added subsec. (l) relating to
adjustment of status for victims of trafficking.
Subsec. (m). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
Sec. 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, Sec. 1(a)(2) [title XI, Sec. 1102(c)], added
subsec. (m).
1997 - Subsec. (c)(2). Pub. L. 105-119, Sec. 111(c)(1),
substituted "(2) subject to subsection (k) of this section, an
alien (other than" for "(2) an alien (other than".
Subsec. (i)(1). Pub. L. 105-119, Sec. 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, Sec. 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, Sec. 111(c)(2), added subsec. (k).
1996 - Subsec. (c)(6). Pub. L. 104-208, Sec. 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, Sec. 375, added cls. (7)
and (8).
Subsec. (e)(2). Pub. L. 104-208, Sec. 308(f)(2)(C), substituted
"be admitted" for "enter".
Subsec. (e)(3). Pub. L. 104-208, Sec. 308(f)(1)(O), substituted
"admission" for "entry".
Subsec. (i). Pub. L. 104-208, Sec. 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status,
as (j).
Subsec. (i)(1). Pub. L. 104-208, Sec. 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, Sec. 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, Sec. 671(a)(4)(A), redesignated
subsec. (i), relating to adjustment to permanent resident status,
as (j).
Subsec. (j)(3). Pub. L. 104-208, Sec. 671(a)(5), substituted
"paragraph (1) or (2)" for "paragraphs (1) or (2)".
1994 - Subsec. (c)(5). Pub. L. 103-322, Sec. 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, Sec. 130003(c)(1), added subsec.
(i) relating to adjustment to permanent resident status.
Pub. L. 103-317, Sec. 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, Sec. 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, Sec. 302(d)(2)(A), inserted
"(J)," after "(I),".
Pub. L. 102-110, Sec. 2(c)(1), substituted ", (I), or (K)" for
"or (I)".
Subsec. (e)(3). Pub. L. 102-232, Sec. 308(a), substituted
"section 1154(g)" for "section 1154(h)".
Subsec. (g). Pub. L. 102-110, Sec. 2(c)(2), added subsec. (g).
Subsec. (h). Pub. L. 102-232, Sec. 302(d)(2)(B), added subsec.
(h).
1990 - Subsec. (b). Pub. L. 101-649, Sec. 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, Sec. 702(a)(1), substituted
"Except as provided in paragraph (3), an alien" for "An alien".
Subsec. (e)(3). Pub. L. 101-649, Sec. 702(a)(2), added par. (3).
Subsec. (f). Pub. L. 101-649, Sec. 121(b)(4), added subsec. (f).
1988 - Subsec. (c)(2). Pub. L. 100-525, Sec. 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, Sec. 2(p)(3), made technical
correction to Pub. L. 99-603, Sec. 313(c). See 1986 Amendment note
below.
Subsec. (d). Pub. L. 100-525, Sec. 7(b), amended Pub. L. 99-639,
Sec. 3(b). See 1986 Amendment note below.
1986 - Subsec. (c). Pub. L. 99-639, Sec. 5(a)(1), substituted
"Subsection (a) of this section" for "The provisions of this
section".
Subsec. (c)(2). Pub. L. 99-603, Sec. 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, Sec. 313(c), as amended by Pub.
L. 100-525, Sec. 2(p)(3), added cl. (4).
Subsec. (d). Pub. L. 99-639, Sec. 3(b), as amended by Pub. L. 100-
525, Sec. 7(b), inserted "The Attorney General may not adjust,
under subsection (a) of this section, 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, Sec. 2(e), added subsec. (d).
Subsec. (e). Pub. L. 99-639, Sec. 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, Sec. 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, Sec. 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).
EFFECTIVE DATE OF 2000 AMENDMENTS                 
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Section 376(c) of div. C of Pub. L. 104-208 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 1994 AMENDMENTS                 
Amendment by 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.
Amendment by Pub. L. 103-317 effective Oct. 1, 1994, see section
506(c) of Pub. L. 103-317, as amended, set out as an Effective and
Termination Dates of 1994 Amendment note under section 1182 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.
Section 308(a) of Pub. L. 102-232 provided that the amendment
made by that section 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                 
Section 2(f)(2) of Pub. L. 100-525 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                 
Section 3(d)(2) of Pub. L. 99-639 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.
EFFECTIVE DATE OF 1981 AMENDMENT                 
Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
21(a) of Pub. L. 97-116, set out as a note under section 1101 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT                 
Amendment by Pub. L. 94-571 effective on first day of first month
which begins more than sixty days after Oct. 20, 1976, see section
10 of Pub. L. 94-571, set out as a note under section 1101 of this
title.
EFFECTIVE DATE OF 1965 AMENDMENT                 
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of this title.
PERMITTING MOTION TO REOPEN                    
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec.
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, Sec. 1(a)(4) [div. B, title XV, Sec.
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, Sec. 101(h) [title IX, Sec. 902], Oct.
21, 1998, 112 Stat. 2681-480, 2681-538; as amended by Pub. L. 106-
386, div. B, title V, Sec. 1511(a), Oct. 28, 2000, 114 Stat. 1532;
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(b)(1)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-326; Pub. L. 109-162, title
VIII, Sec. 824(a), Jan. 5, 2006, 119 Stat. 3063, 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 - 
"(A) the provisions of section 241(a)(5) of the Immigration
and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
"(B) the Attorney General may grant the alien a waiver on the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
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 - 
"(i) arrived in the United States without parents in the
United States and has remained without parents in the United
States since such arrival,
"(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).
"(2) During certain proceedings. - Notwithstanding any
provision of the Immigration and Nationality Act [8 U.S.C. 1101
et seq.], the Attorney General shall not order any alien to be
removed from the United States, if the alien is in exclusion,
deportation, or removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), except where the Attorney General has made a final
determination to deny the application.
"(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 - 
"(A) the alien is a national of Haiti;
"(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
"(iii) 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) [8 U.S.C.
1154(a)(1)(J)].
"(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 - 
"(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act [8 U.S.C. 1255]; or
"(2) aliens subject to removal proceedings under section 240 of
such Act [8 U.S.C. 1229a].
"(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.
"(g) No Offset in Number of Visas Available. - When an alien is
granted the status of having been lawfully admitted for permanent
resident pursuant to this section, the Secretary of State shall not
be required to reduce the number of immigrant visas authorized to
be issued under any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.].
"(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.
"(k) Not later than 6 months after the date of the enactment of
this Act [Oct. 21, 1998], and every 6 months thereafter (until all
applications for adjustment of status under this section have been
finally adjudicated), the Comptroller General of the United States
shall submit to the Committees on the Judiciary and the Committees
on Appropriations of the United States House of Representatives and
the United States Senate a report containing the following:
"(1)(A) The number of aliens who applied for adjustment of
status under subsection (a), including a breakdown specifying the
number of such applicants who are described in subparagraph (A),
(B), or (C) of subsection (b)(1), respectively.
"(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph.
"(2)(A) The number of aliens who applied for adjustment of
status under subsection (d), including a breakdown specifying the
number of such applicants who are sponsors, children, or
unmarried sons or daughters described in such subsection,
respectively.
"(B) The number of aliens described in subparagraph (A) whose
status was adjusted under this section, including a breakdown
described in the subparagraph."
[Pub. L. 109-162, title VIII, Sec. 824(b), Jan. 5, 2006, 119
Stat. 3063, provided that: "The amendment made by subsection (a)(3)
[amending section 101(h) [title IX, Sec. 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, Sec. 1511(b), Oct. 28, 2000,
114 Stat. 1533, provided that: "The amendment made by subsection
(a) [amending section 101(h) [title IX, Sec. 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, Sec. 202, Nov. 19, 1997, 111 Stat.
2193, as amended by Pub. L. 105-139, Sec. 1(a), (b), Dec. 2, 1997,
111 Stat. 2644; Pub. L. 106-386, div. B, title V, Sec. 1510(a),
Oct. 28, 2000, 114 Stat. 1531; Pub. L. 106-554, Sec. 1(a)(4) [div.
B, title XV, Sec. 1505(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
326; Pub. L. 109-162, title VIII, Sec. 815(a), (b), Jan. 5, 2006,
119 Stat. 3060, 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 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) 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 - 
"(A) the provisions of section 241(a)(5) of the Immigration
and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
"(B) the Attorney General may grant the alien a waiver on the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
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 - 
"(i) applied to the Attorney General for asylum;
"(ii) was issued an order to show cause under section 242
or 242B of the Immigration and Nationality Act [8 U.S.C.
1252, former 1252b] (as in effect prior to April 1, 1997);
"(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];
"(v) applied to the Attorney General for employment
authorization;
"(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
"(vii) applied for any other benefit under the Immigration
and Nationality Act [8 U.S.C. 1101 et seq.] by means of an
application establishing the alien's presence in the United
States prior to December 1, 1995; 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).
"(2) During certain proceedings. - Notwithstanding any
provision of the Immigration and Nationality Act [8 U.S.C. 1101
et seq.], the Attorney General shall not order any alien to be
removed from the United States, if the alien is in exclusion,
deportation, or removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), except where the Attorney General has rendered a final
administrative determination to deny the application.
"(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 - 
"(A) the alien is a national of Nicaragua or Cuba;
"(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;
"(D) the alien is otherwise admissible to the United States
for permanent residence, except 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; and
"(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.
"(3) Procedure. - In acting on an application under this
section with respect to a spouse or child who has been battered
or subjected to extreme cruelty, the Attorney General shall apply
section 204(a)(1)(J) [8 U.S.C. 1154(a)(1)(J)].
"(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 - 
"(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act [8 U.S.C. 1255]; or
"(2) aliens subject to removal proceedings under section 240 of
such Act [8 U.S.C. 1229a].
"(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.
"(g) No Offset in Number of Visas Available. - When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall
not be required to reduce the number of immigrant visas authorized
to be issued under any provision of the Immigration and Nationality
Act [8 U.S.C. 1101 et seq.].
"(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, Sec. 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  
Section 646 of div. C of Pub. L. 104-208 provided that:
"(a) In General. - The Attorney General shall adjust the status
of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien - 
"(1) applies for such adjustment;
"(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed;
"(3) is admissible to the United States as an immigrant, except
as provided in subsection (c); and
"(4) pays a fee (determined by the Attorney General) for the
processing of such application.
"(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.
"(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 an alien lawfully admitted for
permanent residence as of the date of the alien's inspection and
parole described in subsection (b)(2).
"(e) No Offset in Number of Visas Available. - When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.]."
FINGERPRINT CHECKS                        
Section 506(d) of Pub. L. 103-317 provided that: "The Immigration
and Naturalization Service shall conduct full fingerprint
identification checks through the Federal Bureau of Investigation
for all individuals over sixteen years of age adjusting immigration
status in the United States pursuant to this section [amending this
section and section 1182 of this title and enacting provisions set
out as a note under section 1182 of this title]."
ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF PEOPLE'S REPUBLIC OF
CHINA
Pub. L. 102-404, Oct. 9, 1992, 106 Stat. 1969, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Chinese Student Protection Act of
1992'.
"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:
"(1) The alien shall be deemed to have had a petition approved
under section 204(a) of such Act [8 U.S.C. 1154(a)] for
classification under section 203(b)(3)(A)(i) of such Act [8
U.S.C. 1153(b)(3)(A)(i)].
"(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.
"(5) Section 245(c) of such Act [8 U.S.C. 1255(c)] shall not
apply.
"(b) Aliens Covered. - For purposes of this section, an alien
described in this subsection is an alien who - 
"(1) is a national of the People's Republic of China described
in section 1 of Executive Order No. 12711 [8 U.S.C. 1101 note] as
in effect on April 11, 1990;
"(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 - 
"(A) 300 immigrant visa numbers shall be deemed to have been
previously issued to natives of that foreign state under
section 203(b)(3)(A)(i) of such Act [8 U.S.C. 1153(b)(3)(A)(i)]
in that year, and
"(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, Sec. 2, Dec. 18, 1989, 103 Stat. 2099, as
amended by Pub. L. 101-649, title I, Sec. 162(f)(1), Nov. 29, 1990,
104 Stat. 5011; Pub. L. 102-232, title III, Secs. 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].
"(c) Application of Immigration and Nationality Act Provisions. -
The definitions contained in the Immigration and Nationality Act [8
U.S.C. 1101 et seq.] shall apply in the administration of this
section. 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.
"(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)."
[Section 302(e)(10) of Pub. L. 102-232 provided that the
amendment made by that section 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.]
[Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section 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, Sec. 101(a) [title V, Sec. 586], Nov. 6, 2000,
114 Stat. 1900, 1900A-57, as amended by Pub. L. 108-447, div. D,
title V, Sec. 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;
"(2) the alien is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States for
permanent residence except as described in subsection (c); and
"(3) the alien had been physically present in the United States
prior to October 1, 1997.
"(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
"(2) was paroled into the United States from a refugee camp in
East Asia; or
"(3) was paroled into the United States from a displaced person
camp administered by the United Nations High Commissioner for
Refugees in Thailand.
"(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).
"(e) No Offset in Number of Visas Available. - When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.].
"(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, Sec. 534(m)(7), Dec. 8, 2004,
118 Stat. 3007, provided that: "The amendments made by this
subsection [amending section 101(a) [title V, Sec. 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, Sec. 599E, Nov. 21, 1989, 103 Stat.
1263, as amended by Pub. L. 101-513, title V, Sec. 598(b), Nov. 5,
1990, 104 Stat. 2063; Pub. L. 101-649, title VI, Sec. 603(a)(22),
Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102-232, title III, Sec.
307(l)(9), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 102-391, title V,
Sec. 582(a)(2), (b)(2), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102-
511, title IX, Sec. 905(b)(2), Oct. 24, 1992, 106 Stat. 3356; Pub.
L. 103-236, title V, Sec. 512(2), Apr. 30, 1994, 108 Stat. 466;
Pub. L. 103-416, title II, Sec. 219(bb), Oct. 25, 1994, 108 Stat.
4319; Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
575(2)], Sept. 30, 1996, 110 Stat. 3009-121, 3009-168; Pub. L. 104-
319, title I, Sec. 101(2), Oct. 19, 1996, 110 Stat. 3865; Pub. L.
105-118, title V, Sec. 574(2), Nov. 26, 1997, 111 Stat. 2432; Pub.
L. 105-277, div. A, Sec. 101(f) [title VII, Sec. 705(2)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-113, div. B, Sec.
1000(a)(4) [title II, Sec. 214(2)], Nov. 29, 1999, 113 Stat. 1535,
1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II, Sec. 212(2)],
Dec. 21, 2000, 114 Stat. 2763, 2763A-27; Pub. L. 107-116, title II,
Sec. 213(2), Jan. 10, 2002, 115 Stat. 2200; Pub. L. 108-7, div. G,
title II, Sec. 213(2), Feb. 20, 2003, 117 Stat. 324; Pub. L. 108-
199, div. E, title II, Sec. 213(2), Jan. 23, 2004, 118 Stat. 253;
Pub. L. 108-447, div. F, title II, Sec. 213(2), Dec. 8, 2004, 118
Stat. 3140; Pub. L. 109-102, title V, Sec. 534(m)(2), Nov. 14,
2005, 119 Stat. 2211, provided that:
"(a) In General. - The Attorney General shall adjust the status
of an alien described in subsection (b) to that of an alien
lawfully admitted for permanent residence if the alien - 
"(1) applies for such adjustment,
"(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed,
"(3) is admissible to the United States as an immigrant, except
as provided in subsection (c), and
"(4) pays a fee (determined by the Attorney General) for the
processing of such application.
"(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, 2006, 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).
"(e) No Offset in Number of Visas Available. - When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.]."
[Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section 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, Secs. 101-107, Oct. 28, 1977, 91 Stat.
1223, as amended by Pub. L. 96-212, title II, Sec. 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, Sec. 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.
DEVELOPMENT OF ELIGIBILITY CRITERIA FOR ADMISSION OF REFUGEES FROM
CAMBODIA
Pub. L. 95-624, Sec. 16, Nov. 9, 1978, 92 Stat. 3465, provided
that: "The Attorney General, in consultation with the Congress,
shall develop special eligibility criteria under the current United
States parole program for Indochina Refugees which would enable a
larger number of refugees from Cambodia to qualify for admission to
the United States."
CUBAN REFUGEES: ADJUSTMENT OF STATUS               
Section 606 of div. C of Pub. L. 104-208 provided that:
"(a) In General. - Public Law 89-732 [set out below] is repealed
effective only upon a determination by the President under section
203(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996 [22 U.S.C. 6063(c)] (Public Law 104-114) that a
democratically elected government in Cuba is in power.
"(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, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212,
title II, Sec. 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L. 106-
386, div. B, title V, Sec. 1509(a), Oct. 28, 2000, 114 Stat. 1530;
Pub. L. 109-162, title VIII, Sec. 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, Sec. 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, Sec. 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 [Sec. 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].)"]
[Section 204(b)(1)(C) of Pub. L. 96-212 provided that the
amendment of section 1 of Pub. L. 89-732, set out above, by Pub. L.
96-212 is effective immediately before Apr. 1, 1980.]
(!1) So in original. The comma probably should be a semicolon.
(!2) See References in Text note below.
(!3) So in original.

(!4) So in original. The semicolon probably should be a comma.
(!5) So in original. Probably should be "Secretary's".
(!6) So in original. Probably should be "(10)(E)),".