
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1159]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1159. Adjustment of status of refugees


(a) Criteria and procedures applicable for admission as immigrant; 
        effect of adjustment

    (1) Any alien who has been admitted to the United States under 
section 1157 of this title--
        (A) whose admission has not been terminated by the Attorney 
    General pursuant to such regulations as the Attorney General may 
    prescribe,
        (B) who has been physically present in the United States for at 
    least one year, and
        (C) who has not acquired permanent resident status,

shall, at the end of such year period, return or be returned to the 
custody of the Service for inspection and examination for admission to 
the United States as an immigrant in accordance with the provisions of 
sections 1225, 1229a, and 1231 of this title.
    (2) Any alien who is found upon inspection and examination by an 
immigration officer pursuant to paragraph (1) or after a hearing before 
an immigration judge to be admissible (except as otherwise provided 
under subsection (c) of this section) as an immigrant under this chapter 
at the time of the alien's inspection and examination shall, 
notwithstanding any numerical limitation specified in this chapter, be 
regarded as lawfully admitted to the United States for permanent 
residence as of the date of such alien's arrival into the United States.

(b) Maximum number of adjustments; recordkeeping

    Not more than 10,000 of the refugee admissions authorized under 
section 1157(a) of this title in any fiscal year may be made available 
by the Attorney General, in the Attorney General's discretion and under 
such regulations as the Attorney General may prescribe, to adjust to the 
status of an alien lawfully admitted for permanent residence the status 
of any alien granted asylum who--
        (1) applies for such adjustment,
        (2) has been physically present in the United States for at 
    least one year after being granted asylum,
        (3) continues to be a refugee within the meaning of section 
    1101(a)(42)(A) of this title or a spouse or child of such a refugee,
        (4) is not firmly resettled in any foreign country, and
        (5) is admissible (except as otherwise provided under subsection 
    (c) of this section) as an immigrant under this chapter at the time 
    of examination for adjustment of such alien.

Upon approval of an application under this subsection, the Attorney 
General shall establish a record of the alien's admission for lawful 
permanent residence as of the date one year before the date of the 
approval of the application.

(c) Applicability of other Federal statutory requirements

    The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) 
of this title shall not be applicable to any alien seeking 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 alien 
for humanitarian purposes, to assure family unity, or when it is 
otherwise in the public interest.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 209, as added Pub. L. 96-
212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 
101-649, title I, Sec. 104(a)(1), title VI, Sec. 603(a)(4), Nov. 29, 
1990, 104 Stat. 4985, 5082; Pub. L. 102-232, title III, Sec. 307(l)(1), 
Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104-208, div. C, title III, 
Secs. 308(g)(3)(A), (4)(A), 371(b)(2), Sept. 30, 1996, 110 Stat. 3009-
622, 3009-645.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(3)(A), (4)(A), 
substituted ``1229a'' for ``1226'' and ``1231'' for ``1227'' in 
concluding provisions.
    Subsec. (a)(2). Pub. L. 104-208, Sec. 371(b)(2), substituted ``an 
immigration judge'' for ``a special inquiry officer''.
    1991--Subsec. (c). Pub. L. 102-232 substituted ``subparagraph (A)'' 
for ``subparagraphs (A)''.
    1990--Subsec. (b). Pub. L. 101-649, Sec. 104(a)(1), substituted 
``10,000'' for ``five thousand''.
    Subsec. (c). Pub. L. 101-649, Sec. 603(a)(4), substituted ``(4), 
(5), and (7)(A)'' for ``(14), (15), (20), (21), (25), and (32)'' and 
``(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of 
paragraph (3))'' for ``(other than paragraph (27), (29), or (33) and 
other than so much of paragraph (23) as relates to trafficking in 
narcotics)''.


                    Effective Date of 1996 Amendment

    Amendment by section 308(g)(3)(A), (4)(A) 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.
    Amendment by section 371(b)(2) of Pub. L. 104-208 effective Sept. 
30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a note 
under section 1101 of this title.


                    Effective Date of 1991 Amendment

    Section 307(l) of Pub. L. 102-232 provided that the amendment made 
by that section is effective as if included in section 603(a) of the 
Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Section 104(a)(2) of Pub. L. 101-649 provided that: ``The amendment 
made by paragraph (1) [amending this section] shall apply to fiscal 
years beginning with fiscal year 1991 and the President is authorized, 
without the need for appropriate consultation, to increase the refugee 
determination previously made under section 207 of the Immigration and 
Nationality Act [8 U.S.C. 1157] for fiscal year 1991 in order to make 
such amendment effective for such fiscal year.''
    Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to 
individuals entering United States on or after June 1, 1991, see section 
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of 
this title.


                             Effective Date

    Section effective, except as otherwise provided, Mar. 17, 1980, and 
applicable to fiscal years beginning with the fiscal year beginning Oct. 
1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date 
of 1980 Amendment note under section 1101 of this title.


 Waiver of Numerical Limitation for Certain Current Asylees; Adjustment 
                        of Certain Former Asylees

    Section 104(c), (d) of Pub. L. 101-649, as amended by Pub. L. 104-
208, div. C, title VI, Sec. 604(b)(2), Sept. 30, 1996, 110 Stat. 3009-
694, provided that:
    ``(c) Waiver of Numerical Limitation for Certain Current Asylees.--
The numerical limitation on the number of aliens whose status may be 
adjusted under section 209(b) of the Immigration and Nationality Act [8 
U.S.C. 1159(b)] shall not apply to an alien described in subsection (d) 
or to an alien who has applied for adjustment of status under such 
section on or before June 1, 1990.
    ``(d) Adjustment of Certain Former Asylees.--
        ``(1) In general.--Subject to paragraph (2), the provisions of 
    section 209(b) of the Immigration and Nationality Act [8 U.S.C. 
    1159(b)] shall also apply to an alien--
            ``(A) who was granted asylum before the date of the 
        enactment of this Act [Nov. 29, 1990] (regardless of whether or 
        not such asylum has been terminated under section 208 of the 
        Immigration and Nationality Act [8 U.S.C. 1158]),
            ``(B) who is no longer a refugee because of a change in 
        circumstances in a foreign state, and
            ``(C) who was (or would be) qualified for adjustment of 
        status under section 209(b) of the Immigration and Nationality 
        Act as of the date of the enactment of this Act but for 
        paragraphs (2) and (3) thereof and but for any numerical 
        limitation under such section.
        ``(2) Application of per country limitations.--The number of 
    aliens who are natives of any foreign state who may adjust status 
    pursuant to paragraph (1) in any fiscal year shall not exceed the 
    difference between the per country limitation established under 
    section 202(a) of the Immigration and Nationality Act [8 U.S.C. 
    1152(a)] and the number of aliens who are chargeable to that foreign 
    state in the fiscal year under section 202 of such Act.''
    [Section 104(c), (d) of Pub. L. 101-649 effective Nov. 29, 1990, and 
(unless otherwise provided) applicable to fiscal year 1991, see section 
161(b) of Pub. L. 101-649, set out as an Effective Date of 1990 
Amendment note under section 1101 of this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 1151, 1158, 1160, 1255a of 
this title.
