
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: 8USC1229b]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1229b. Cancellation of removal; adjustment of status


(a) Cancellation of removal for certain permanent residents

    The Attorney General may cancel removal in the case of an alien who 
is inadmissible or deportable from the United States if the alien--
        (1) has been an alien lawfully admitted for permanent residence 
    for not less than 5 years,
        (2) has resided in the United States continuously for 7 years 
    after having been admitted in any status, and
        (3) has not been convicted of any aggravated felony.

(b) Cancellation of removal and adjustment of status for certain 
        nonpermanent residents

                           (1) In general

        The Attorney General may cancel removal of, and adjust to the 
    status of an alien lawfully admitted for permanent residence, an 
    alien who is inadmissible or deportable from the United States if 
    the alien--
            (A) has been physically present in the United States for a 
        continuous period of not less than 10 years immediately 
        preceding the date of such application;
            (B) has been a person of good moral character during such 
        period;
            (C) has not been convicted of an offense under section 
        1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title (except in a 
        case described in section 1227(a)(7) of this title where the 
        Attorney General exercises discretion to grant a waiver); and
            (D) establishes that removal would result in exceptional and 
        extremely unusual hardship to the alien's spouse, parent, or 
        child, who is a citizen of the United States or an alien 
        lawfully admitted for permanent residence.

            (2) Special rule for battered spouse or child

        (A) Authority

            The Attorney General may cancel removal of, and adjust to 
        the status of an alien lawfully admitted for permanent 
        residence, an alien who is inadmissible or deportable from the 
        United States if the alien demonstrates that--
                (i)(I) the alien has been battered or subjected to 
            extreme cruelty by a spouse or parent who is or was a United 
            States citizen (or is the parent of a child of a United 
            States citizen and the child has been battered or subjected 
            to extreme cruelty by such citizen parent);
                (II) the alien has been battered or subjected to extreme 
            cruelty by a spouse or parent who is or was a lawful 
            permanent resident (or is the parent of a child of an alien 
            who is or was a lawful permanent resident and the child has 
            been battered or subjected to extreme cruelty by such 
            permanent resident parent); or
                (III) the alien has been battered or subjected to 
            extreme cruelty by a United States citizen or lawful 
            permanent resident whom the alien intended to marry, but 
            whose marriage is not legitimate because of that United 
            States citizen's or lawful permanent resident's bigamy;
                (ii) the alien has been physically present in the United 
            States for a continuous period of not less than 3 years 
            immediately preceding the date of such application, and the 
            issuance of a charging document for removal proceedings 
            shall not toll the 3-year period of continuous physical 
            presence in the United States;
                (iii) the alien has been a person of good moral 
            character during such period, subject to the provisions of 
            subparagraph (C);
                (iv) the alien is not inadmissible under paragraph (2) 
            or (3) of section 1182(a) of this title, is not deportable 
            under paragraphs (1)(G) or (2) through (4) of section 
            1227(a) of this title (except in a case described in section 
            1227(a)(7) of this title where the Attorney General 
            exercises discretion to grant a waiver), and has not been 
            convicted of an aggravated felony; and
                (v) the removal would result in extreme hardship to the 
            alien, the alien's child, or the alien's parent.

        (B) Physical presence

            Notwithstanding subsection (d)(2) of this section, for 
        purposes of subparagraph (A)(i)(II) or for purposes of section 
        1254(a)(3) of this title (as in effect before the title III-A 
        effective date in section 309 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996), an alien shall not be 
        considered to have failed to maintain continuous physical 
        presence by reason of an absence if the alien demonstrates a 
        connection between the absence and the battering or extreme 
        cruelty perpetrated against the alien. No absence or portion of 
        an absence connected to the battering or extreme cruelty shall 
        count toward the 90-day or 180-day limits established in 
        subsection (d)(2) of this section. If any absence or aggregate 
        absences exceed 180 days, the absences or portions of the 
        absences will not be considered to break the period of 
        continuous presence. Any such period of time excluded from the 
        180-day limit shall be excluded in computing the time during 
        which the alien has been physically present for purposes of the 
        3-year requirement set forth in subsection (b)(2)(B) of this 
        section and section 1254(a)(3) of this title (as in effect 
        before the title III-A effective date in section 309 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996).

        (C) Good moral character

            Notwithstanding section 1101(f) of this title, an act or 
        conviction that does not bar the Attorney General from granting 
        relief under this paragraph by reason of subparagraph (A)(iv) 
        shall not bar the Attorney General from finding the alien to be 
        of good moral character under subparagraph (A)(i)(III) or 
        section 1254(a)(3) of this title (as in effect before the title 
        III-A effective date in section 309 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996), if the 
        Attorney General finds that the act or conviction was connected 
        to the alien's having been battered or subjected to extreme 
        cruelty and determines that a waiver is otherwise warranted.

        (D) Credible evidence considered

            In acting on applications under this paragraph, the Attorney 
        General shall consider any credible evidence relevant to the 
        application. The determination of what evidence is credible and 
        the weight to be given that evidence shall be within the sole 
        discretion of the Attorney General.

                       (3) Recordation of date

        With respect to aliens who the Attorney General adjusts to the 
    status of an alien lawfully admitted for permanent residence under 
    paragraph (1) or (2), the Attorney General shall record the alien's 
    lawful admission for permanent residence as of the date of the 
    Attorney General's cancellation of removal under paragraph (1) or 
    (2).

      (4) Children of battered aliens and parents of battered 
                               alien children

        (A) In general

            The Attorney General shall grant parole under section 
        1182(d)(5) of this title to any alien who is a--
                (i) child of an alien granted relief under section 
            1229b(b)(2) or 1254(a)(3) of this title (as in effect before 
            the title III-A effective date in section 309 of the Illegal 
            Immigration Reform and Immigrant Responsibility Act of 
            1996); or
                (ii) parent of a child alien granted relief under 
            section 1229b(b)(2) or 1254(a)(3) of this title (as in 
            effect before the title III-A effective date in section 309 
            of the Illegal Immigration Reform and Immigrant 
            Responsibility Act of 1996).

        (B) Duration of parole

            The grant of parole shall extend from the time of the grant 
        of relief under subsection (b)(2) of this section or section 
        1254(a)(3) of this title (as in effect before the title III-A 
        effective date in section 309 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996) to the time the 
        application for adjustment of status filed by aliens covered 
        under this paragraph has been finally adjudicated. Applications 
        for adjustment of status filed by aliens covered under this 
        paragraph shall be treated as if they were applications filed 
        under section 1154(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) 
        of this title for purposes of section 1255 (a) and (c) of this 
        title. Failure by the alien granted relief under subsection 
        (b)(2) of this section or section 1254(a)(3) of this title (as 
        in effect before the title III-A effective date in section 309 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996) to exercise due diligence in filing a visa petition 
        on behalf of an alien described in clause (i) or (ii) may result 
        in revocation of parole.

(c) Aliens ineligible for relief

    The provisions of subsections (a) and (b)(1) of this section shall 
not apply to any of the following aliens:
        (1) An alien who entered the United States as a crewman 
    subsequent to June 30, 1964.
        (2) An alien who was admitted to the United States as a 
    nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of 
    this title, or has acquired the status of such a nonimmigrant 
    exchange alien after admission, in order to receive graduate medical 
    education or training, regardless of whether or not the alien is 
    subject to or has fulfilled the two-year foreign residence 
    requirement of section 1182(e) of this title.
        (3) An alien who--
            (A) was admitted to the United States as a nonimmigrant 
        exchange alien as defined in section 1101(a)(15)(J) of this 
        title or has acquired the status of such a nonimmigrant exchange 
        alien after admission other than to receive graduate medical 
        education or training,
            (B) is subject to the two-year foreign residence requirement 
        of section 1182(e) of this title, and
            (C) has not fulfilled that requirement or received a waiver 
        thereof.

        (4) An alien who is inadmissible under section 1182(a)(3) of 
    this title or deportable under section 1227(a)(4) of this title.
        (5) An alien who is described in section 1231(b)(3)(B)(i) of 
    this title.
        (6) An alien whose removal has previously been cancelled under 
    this section or whose deportation was suspended under section 
    1254(a) of this title or who has been granted relief under section 
    1182(c) of this title, as such sections were in effect before 
    September 30, 1996.

(d) Special rules relating to continuous residence or physical presence

                (1) Termination of continuous period

        For purposes of this section, any period of continuous residence 
    or continuous physical presence in the United States shall be deemed 
    to end (A) except in the case of an alien who applies for 
    cancellation of removal under subsection (b)(2) of this section, 
    when the alien is served a notice to appear under section 1229(a) of 
    this title, or (B) when the alien has committed an offense referred 
    to in section 1182(a)(2) of this title that renders the alien 
    inadmissible to the United States under section 1182(a)(2) of this 
    title or removable from the United States under section 1227(a)(2) 
    or 1227(a)(4) of this title, whichever is earliest.

             (2) Treatment of certain breaks in presence

        An alien shall be considered to have failed to maintain 
    continuous physical presence in the United States under subsections 
    (b)(1) and (b)(2) of this section if the alien has departed from the 
    United States for any period in excess of 90 days or for any periods 
    in the aggregate exceeding 180 days.

    (3) Continuity not required because of honorable service in 
              Armed Forces and presence upon entry into service

        The requirements of continuous residence or continuous physical 
    presence in the United States under subsections (a) and (b) of this 
    section shall not apply to an alien who--
            (A) has served for a minimum period of 24 months in an 
        active-duty status in the Armed Forces of the United States and, 
        if separated from such service, was separated under honorable 
        conditions, and
            (B) at the time of the alien's enlistment or induction was 
        in the United States.

(e) Annual limitation

                      (1) Aggregate limitation

        Subject to paragraphs (2) and (3), the Attorney General may not 
    cancel the removal and adjust the status under this section, nor 
    suspend the deportation and adjust the status under section 1254(a) 
    of this title (as in effect before September 30, 1996), of a total 
    of more than 4,000 aliens in any fiscal year. The previous sentence 
    shall apply regardless of when an alien applied for such 
    cancellation and adjustment, or such suspension and adjustment, and 
    whether such an alien had previously applied for suspension of 
    deportation under such section 1254(a) of this title. The numerical 
    limitation under this paragraph shall apply to the aggregate number 
    of decisions in any fiscal year to cancel the removal (and adjust 
    the status) of an alien, or suspend the deportation (and adjust the 
    status) of an alien, under this section or such section 1254(a) of 
    this title.

                        (2) Fiscal year 1997

        For fiscal year 1997, paragraph (1) shall only apply to 
    decisions to cancel the removal of an alien, or suspend the 
    deportation of an alien, made after April 1, 1997. Notwithstanding 
    any other provision of law, the Attorney General may cancel the 
    removal or suspend the deportation, in addition to the normal 
    allotment for fiscal year 1998, of a number of aliens equal to 4,000 
    less the number of such cancellations of removal and suspensions of 
    deportation granted in fiscal year 1997 after April 1, 1997.

                  (3) Exception for certain aliens

        Paragraph (1) shall not apply to the following:
            (A) Aliens described in section 309(c)(5)(C)(i) of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (as amended by the Nicaraguan Adjustment and Central 
        American Relief Act).
            (B) Aliens in deportation proceedings prior to April 1, 
        1997, who applied for suspension of deportation under section 
        1254(a)(3) of this title (as in effect before September 30, 
        1996).

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 240A, as added Pub. L. 
104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110 Stat. 
3009-594; amended Pub. L. 105-100, title II, Sec. 204(a)-(c), Nov. 19, 
1997, 111 Stat. 2200, 2201; Pub. L. 106-386, div. B, title V, 
Secs. 1504(a), (b), 1505(b)(2), 1506(b)(1), Oct. 28, 2000, 114 Stat. 
1522, 1524, 1525, 1527.)

                       References in Text

    Section 1254 of this title, referred to in subsecs. (b)(2)(B), (C), 
(4), (c)(6), and (e)(1), (3)(B), was repealed by Pub. L. 104-208, div. 
C, title III, Sec. 308(b)(7), Sept. 30, 1996, 110 Stat. 3009-615.
    Section 1182(c) of this title, referred to in subsec. (c)(6), was 
repealed by Pub. L. 104-208, div. C, title III, Sec. 304(b), Sept. 30, 
1996, 110 Stat. 3009-597.
    Section 309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, referred to in subsecs. (b)(2)(B), (C), (4), 
and (e)(3)(A), is section 309 of title III of div. C of Pub. L. 104-208, 
as amended, which is set out as a note under section 1101 of this title.


                               Amendments

    2000--Subsec. (b)(1)(C). Pub. L. 106-386, Sec. 1505(b)(2), inserted 
before semicolon ``(except in a case described in section 1227(a)(7) of 
this title where the Attorney General exercises discretion to grant a 
waiver)''.
    Subsec. (b)(2). Pub. L. 106-386, Sec. 1504(a), amended heading and 
text of par. (2) generally. Prior to amendment, text read as follows: 
``(2) The Attorney General may cancel removal of, and adjust to the 
status of an alien lawfully admitted for permanent residence, an alien 
who is inadmissible or deportable from the United States if the alien 
demonstrates that--
        ``(A) the alien has been battered or subjected to extreme 
    cruelty in the United States by a spouse or parent who is a United 
    States citizen or lawful permanent resident (or is the parent of a 
    child of a United States citizen or lawful permanent resident and 
    the child has been battered or subjected to extreme cruelty in the 
    United States by such citizen or permanent resident parent);
        ``(B) the alien has been physically present in the United States 
    for a continuous period of not less than 3 years immediately 
    preceding the date of such application;
        ``(C) the alien has been a person of good moral character during 
    such period;
        ``(D) the alien is not inadmissible under paragraph (2) or (3) 
    of section 1182(a) of this title, is not deportable under paragraph 
    (1)(G) or (2) through (4) of section 1227(a) of this title, and has 
    not been convicted of an aggravated felony; and
        ``(E) the removal would result in extreme hardship to the alien, 
    the alien's child, or (in the case of an alien who is a child) to 
    the alien's parent.
    In acting on applications under this paragraph, the Attorney General 
    shall consider any credible evidence relevant to the application. 
    The determination of what evidence is credible and the weight to be 
    given that evidence shall be within the sole discretion of the 
    Attorney General.''
    Subsec. (b)(4). Pub. L. 106-386, Sec. 1504(b), added par. (4).
    Subsec. (d)(1). Pub. L. 106-386, Sec. 1506(b)(1), substituted ``(A) 
except in the case of an alien who applies for cancellation of removal 
under subsection (b)(2) of this section, when the alien is served a 
notice to appear under section 1229(a) of this title, or (B)'' for 
``when the alien is served a notice to appear under section 1229(a) of 
this title or''.
    1997--Subsec. (b)(1), (2). Pub. L. 105-100, Sec. 204(b), in 
introductory provisions, substituted ``may cancel removal of, and adjust 
to the status of an alien lawfully admitted for permanent residence, an 
alien'' for ``may cancel removal in the case of an alien''.
    Subsec. (b)(3). Pub. L. 105-100, Sec. 204(c), amended heading and 
text of par. (3) generally. Prior to amendment, text read as follows: 
``The Attorney General may adjust to the status of an alien lawfully 
admitted for permanent residence any alien who the Attorney General 
determines meets the requirements of paragraph (1) or (2). The number of 
adjustments under this paragraph shall not exceed 4,000 for any fiscal 
year. The Attorney General shall record the alien's lawful admission for 
permanent residence as of the date the Attorney General's cancellation 
of removal under paragraph (1) or (2) or determination under this 
paragraph.''
    Subsec. (e). Pub. L. 105-100, Sec. 204(a), amended heading and text 
of subsec. (e) generally. Prior to amendment, text read as follows: 
``The Attorney General may not cancel the removal and adjust the status 
under this section, nor suspend the deportation and adjust the status 
under section 1254(a) of this title (as in effect before September 30, 
1996), of a total of more than 4,000 aliens in any fiscal year. The 
previous sentence shall apply regardless of when an alien applied for 
such cancellation and adjustment and whether such an alien had 
previously applied for suspension of deportation under such section 
1254(a) of this title.''


                    Effective Date of 2000 Amendment

    Pub. L. 106-386, div. B, title V, Sec. 1504(c), Oct. 28, 2000, 114 
Stat. 1524, provided that: ``Any individual who becomes eligible for 
relief by reason of the enactment of the amendments made by subsections 
(a) and (b) [amending this section], shall be eligible to file a motion 
to reopen pursuant to section 240(c)(6)(C)(iv) [8 U.S.C. 
1229a(c)(6)(C)(iv)]. The amendments made by subsections (a) and (b) 
shall take effect as if included in the enactment of section 304 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(Public Law 104-208; 110 Stat. 587 [3009-587]). Such portions of the 
amendments made by subsection (b) that relate to section 244(a)(3) [8 
U.S.C. 1254(a)(3)] (as in effect before the title III-A effective date 
in section 309 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996) shall take effect 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].''
    Pub. L. 106-386, div. B, title V, Sec. 1506(b)(2), Oct. 28, 2000, 
114 Stat. 1527, provided that: ``The amendment made by paragraph (1) 
[amending this section] shall take effect as if included in the 
enactment of section 304 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587 [3009-
587]).''


                    Effective Date of 1997 Amendment

    Section 204(e) of Pub. L. 105-100 provided that: ``The amendments 
made by this section [amending this section and provisions set out as a 
note under section 1101 of this title] shall take effect as if included 
in the enactment of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546).''


                             Effective Date

    Section effective on the first day of the first month beginning more 
than 180 days after Sept. 30, 1996, with certain transitional provisions 
including provision that subsec. (d)(1), (2) of this section be 
applicable to notices to appear issued before, on, or after Sept. 30, 
1996, see section 309 of Pub. L. 104-208, set out as an Effective Date 
of 1996 Amendments note under section 1101 of this title.


                               Definitions

    For definition of the term ``removable'' used in subsec. (d)(1), see 
section 1229a(e) of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1151, 1229a, 1229c, 
1252, 1254a, 1367, 1534, 1641 of this title.
