8 U.S.C. § 1258 : US Code - Section 1258: Change of nonimmigrant classification
Search 8 U.S.C. § 1258 : US Code - Section 1258: Change of nonimmigrant classification
(a) The Secretary of Homeland Security may, under such conditions
as he may prescribe, authorize a change from any nonimmigrant
classification to any other nonimmigrant classification in the case
of any alien lawfully admitted to the United States as a
nonimmigrant who is continuing to maintain that status and who is
not inadmissible under section 1182(a)(9)(B)(i) of this title (or
whose inadmissibility under such section is waived under section
1182(a)(9)(B)(v) of this title), except (subject to subsection (b)
of this section) in the case of -
(1) an alien classified as a nonimmigrant under subparagraph
(C), (D), (K), or (S) of section 1101(a)(15) of this title,
(2) an alien classified as a nonimmigrant under subparagraph
(J) of section 1101(a)(15) of this title who came to the United
States or acquired such classification in order to receive
graduate medical education or training,
(3) an alien (other than an alien described in paragraph (2))
classified as a nonimmigrant under subparagraph (J) of section
1101(a)(15) of this title who is subject to the two-year foreign
residence requirement of section 1182(e) of this title and has
not received a waiver thereof, unless such alien applies to have
the alien's classification changed from classification under
subparagraph (J) of section 1101(a)(15) of this title to a
classification under subparagraph (A) or (G) of such section, and
(4) an alien admitted as a nonimmigrant visitor without a visa
under section 1182(l) of this title or section 1187 of this
title.
(b) The exceptions specified in paragraphs (1) through (4) of
subsection (a) of this section shall not apply to a change of
nonimmigrant classification to that of a nonimmigrant under
subparagraph (T) or (U) of section 1101(a)(15) of this title.
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