8 U.S.C. § 1255b : US Code - Section 1255B: Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
Search 8 U.S.C. § 1255b : US Code - Section 1255B: Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
Notwithstanding any other provision of law -
(a) Application
Any alien admitted to the United States as a nonimmigrant under
the provisions of either section 101(a)(15)(A)(i) or (ii) or
101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [8
U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], who has failed to
maintain a status under any of those provisions, may apply to the
Attorney General for adjustment of his status to that of an alien
lawfully admitted for permanent residence.
(b) Record of admission
If, after consultation with the Secretary of State, it shall
appear to the satisfaction of the Attorney General that the alien
has shown compelling reasons demonstrating both that the alien is
unable to return to the country represented by the government which
accredited the alien or the member of the alien's immediate family
and that adjustment of the alien's status to that of an alien
lawfully admitted for permanent residence would be in the national
interest, that the alien is a person of good moral character, that
he is admissible for permanent residence under the Immigration and
Nationality Act [8 U.S.C. 1101 et seq.], and that such action would
not be contrary to the national welfare, safety, or security, the
Attorney General, in his discretion, may record the alien's lawful
admission for permanent residence as of the date the order of the
Attorney General approving the application for adjustment of status
is made.
(c) Report to the Congress; resolution not favoring adjustment of
status; reduction of quota
A complete and detailed statement of the facts and pertinent
provisions of law in the case shall be reported to the Congress
with the reasons for such adjustment of status. Such reports shall
be submitted on the first day of each calendar month in which
Congress is in session. The Secretary of State shall, if the alien
was classifiable as a quota immigrant at the time of his entry,
reduce by one the quota of the quota area to which the alien is
chargeable under section 202 of the Immigration and Nationality Act
[8 U.S.C. 1152] for the fiscal year then current or the next
following year in which a quota is available. No quota shall be so
reduced by more than 50 per centum in any fiscal year.
(d) Limitations
The number of aliens who may be granted the status of aliens
lawfully admitted for permanent residence in any fiscal year,
pursuant to this section, shall not exceed fifty.
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