
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-116 Section 213(2)]
[CITE: 8USC1255]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1255. Adjustment of status of nonimmigrant to that of 
        person admitted for permanent residence
        

(a) Status as person admitted for permanent residence on application and 
        eligibility for immigrant visa

    The status of an alien who was inspected and admitted or paroled 
into the United States 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 \1\ 
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 (1) the alien makes an application 
for such adjustment, (2) the alien is eligible to receive an immigrant 
visa and is admissible to the United States for permanent residence, and 
(3) an immigrant visa is immediately available to him at the time his 
application is filed.
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    \1\ So in original. The word ``or'' probably should not appear.
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(b) Record of lawful admission for permanent residence; reduction of 
        preference visas

    Upon the approval of an application for adjustment made under 
subsection (a) of this section, the Attorney General shall record the 
alien's lawful admission for permanent residence as of the date the 
order of the Attorney General approving the application for the 
adjustment of status is made, and the Secretary of State shall reduce by 
one the number of the preference visas authorized to be issued under 
sections 1152 and 1153 of this title within the class to which the alien 
is chargeable for the fiscal year then current.

(c) Alien crewmen, aliens continuing or accepting unauthorized 
        employment, and aliens admitted in transit without visa

    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 (1) an alien crewman; (2) 
subject to subsection (k) of this section, an alien (other than an 
immediate relative as defined in section 1151(b) of this title or a 
special immigrant described in section 1101(a)(27)(H), (I), (J), or (K) 
of this title) who hereafter continues in or accepts unauthorized 
employment prior to filing an application for adjustment of status or 
who is in unlawful immigration status on the date of filing the 
application for adjustment of status or who has failed (other than 
through no fault of his own or for technical reasons) to maintain 
continuously a lawful status since entry into the United States; (3) any 
alien admitted in transit without visa under section 1182(d)(4)(C) of 
this title; (4) an alien (other than an immediate relative as defined in 
section 1151(b) of this title) who was admitted as a nonimmigrant 
visitor without a visa under section 1182(l) of this title or section 
1187 of this title; (5) an alien who was admitted as a nonimmigrant 
described in section 1101(a)(15)(S) of this title,\2\ (6) an alien who 
is deportable under section 1227(a)(4)(B) of this title; (7) any alien 
who seeks adjustment of status to that of an immigrant under section 
1153(b) of this title and is not in a lawful nonimmigrant status; or (8) 
any alien who was employed while the alien was an unauthorized alien, as 
defined in section 1324a(h)(3) of this title, or who has otherwise 
violated the terms of a nonimmigrant visa.
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    \2\ So in original. The comma probably should be a semicolon.
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(d) Alien admitted for permanent residence on conditional basis; fiancee 
        or fiance of citizen

    The Attorney General may not adjust, under subsection (a) of this 
section, the status of an alien lawfully admitted to the United States 
for permanent residence on a conditional basis under section 1186a of 
this title. 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 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.

(e) Restriction on adjustment of status based on marriages entered while 
        in admissibility or deportation proceedings; bona fide marriage 
        exception

    (1) Except as provided in paragraph (3), an alien who is seeking to 
receive an immigrant visa on the basis of a marriage which was entered 
into during the period described in paragraph (2) may not have the 
alien's status adjusted under subsection (a) of this section.
    (2) The period described in this paragraph is the period during 
which administrative or judicial proceedings are pending regarding the 
alien's right to be admitted or remain in the United States.
    (3) Paragraph (1) and section 1154(g) of this title shall not apply 
with respect to a marriage if the alien establishes by clear and 
convincing evidence to the satisfaction of the Attorney General that the 
marriage was entered into in good faith and in accordance with the laws 
of the place where the marriage took place and the marriage was not 
entered into for the purpose of procuring the alien's admission as an 
immigrant and no fee or other consideration was given (other than a fee 
or other consideration to an attorney for assistance in preparation of a 
lawful petition) for the filing of a petition under section 1154(a) of 
this title or subsection (d) or (p) of section 1184 of this title with 
respect to the alien spouse or alien son or daughter. In accordance with 
regulations, there shall be only one level of administrative appellate 
review for each alien under the previous sentence.

(f) Limitation on adjustment of status

    The Attorney General may not adjust, under subsection (a) of this 
section, the status of an alien lawfully admitted to the United States 
for permanent residence on a conditional basis under section 1186b of 
this title.

(g) Special immigrants

    In applying this section to a special immigrant described in section 
1101(a)(27)(K) of this title, such an immigrant shall be deemed, for 
purposes of subsection (a) of this section, to have been paroled into 
the United States.

(h) Application with respect to special immigrants

    In applying this section to a special immigrant described in section 
1101(a)(27)(J) of this title--
        (1) such an immigrant shall be deemed, for purposes of 
    subsection (a) of this section, to have been paroled into the United 
    States; and
        (2) in determining the alien's admissibility as an immigrant--
            (A) paragraphs (4), (5)(A), and (7)(A) of section 1182(a) of 
        this title shall not apply, and
            (B) the Attorney General may waive other paragraphs of 
        section 1182(a) of this title (other than paragraphs (2)(A), 
        (2)(B), (2)(C) (except for so much of such paragraph as related 
        to a single offense of simple possession of 30 grams or less of 
        marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of 
        individual aliens for humanitarian purposes, family unity, or 
        when it is otherwise in the public interest.

The relationship between an alien and the alien's natural parents or 
prior adoptive parents shall not be considered a factor in making a 
waiver under paragraph (2)(B). Nothing in this subsection or section 
1101(a)(27)(J) of this title shall be construed as authorizing an alien 
to apply for admission or be admitted to the United States in order to 
obtain special immigrant status described in such section.

(i) Adjustment in status of certain aliens physically present in United 
        States

    (1) Notwithstanding the provisions of subsections (a) and (c) of 
this section, an alien physically present in the United States--
        (A) who--
            (i) entered the United States without inspection; or
            (ii) is within one of the classes enumerated in subsection 
        (c) of this section;

        (B) who is the beneficiary (including a spouse or child of the 
    principal alien, if eligible to receive a visa under section 1153(d) 
    of this title) of--
            (i) a petition for classification under section 1154 of this 
        title that was filed with the Attorney General on or before 
        April 30, 2001; or
            (ii) an application for a labor certification under section 
        1182(a)(5)(A) of this title that was filed pursuant to the 
        regulations of the Secretary of Labor on or before such date; 
        and

        (C) who, in the case of a beneficiary of a petition for 
    classification, or an application for labor certification, described 
    in subparagraph (B) that was filed after January 14, 1998, is 
    physically present in the United States on December 21, 2000;

may apply to the Attorney General for the adjustment of his or her 
status to that of an alien lawfully admitted for permanent residence. 
The Attorney General may accept such application only if the alien 
remits with such application a sum equalling $1,000 as of the date of 
receipt of the application, but such sum shall not be required from a 
child under the age of seventeen, or an alien who is the spouse or 
unmarried child of an individual who obtained temporary or permanent 
resident status under section 1160 or 1255a of this title or section 202 
of the Immigration Reform and Control Act of 1986 at any date, who--
        (i) as of May 5, 1988, was the unmarried child or spouse of the 
    individual who obtained temporary or permanent resident status under 
    section 1160 or 1255a of this title or section 202 of the 
    Immigration Reform and Control Act of 1986;
        (ii) entered the United States before May 5, 1988, resided in 
    the United States on May 5, 1988, and is not a lawful permanent 
    resident; and
        (iii) applied for benefits under section 301(a) of the 
    Immigration Act of 1990. The sum specified herein shall be in 
    addition to the fee normally required for the processing of an 
    application under this section.

    (2) Upon receipt of such an application and the sum hereby required, 
the Attorney General may adjust the status of the alien to that of an 
alien lawfully admitted for permanent residence if--
        (A) the alien is eligible to receive an immigrant visa and is 
    admissible to the United States for permanent residence; and
        (B) an immigrant visa is immediately available to the alien at 
    the time the application is filed.

    (3)(A) The portion of each application fee (not to exceed $200) that 
the Attorney General determines is required to process an application 
under this section and is 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 subsections (m), (n), and (o) of section 
1356 of this title.
    (B) Any remaining portion of such fees remitted under such 
paragraphs shall be deposited by the Attorney General into the Breached 
Bond/Detention Fund established under section 1356(r) of this title, 
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.

(j) Adjustment to permanent resident status

    (1) If, in the opinion of the Attorney General--
        (A) a nonimmigrant admitted into the United States under section 
    1101(a)(15)(S)(i) of this title has supplied information described 
    in subclause (I) of such section; and
        (B) the provision of such information has substantially 
    contributed to the success of an authorized criminal investigation 
    or the prosecution of an individual described in subclause (III) of 
    that section,

the Attorney General may adjust the status of the alien (and the spouse, 
married and unmarried sons and daughters, and parents of the alien if 
admitted under that section) to that of an alien lawfully admitted for 
permanent residence if the alien is not described in section 
1182(a)(3)(E) of this title.
    (2) If, in the sole discretion of the Attorney General--
        (A) a nonimmigrant admitted into the United States under section 
    1101(a)(15)(S)(ii) of this title has supplied information described 
    in subclause (I) of such section, and
        (B) the provision of such information has substantially 
    contributed to--
            (i) the prevention or frustration of an act of terrorism 
        against a United States person or United States property, or
            (ii) the success of an authorized criminal investigation of, 
        or the prosecution of, an individual involved in such an act of 
        terrorism, and

        (C) the nonimmigrant has received a reward under section 2708(a) 
    of title 22,

the Attorney General may adjust the status of the alien (and the spouse, 
married and unmarried sons and daughters, and parents of the alien if 
admitted under such section) to that of an alien lawfully admitted for 
permanent residence if the alien is not described in section 
1182(a)(3)(E) of this title.
    (3) Upon the approval of adjustment of status under paragraph (1) or 
(2), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval and the Secretary of 
State shall reduce by one the number of visas authorized to be issued 
under sections 1151(d) and 1153(b)(4) of this title for the fiscal year 
then current.

(k) Inapplicability of certain provisions for certain employment-based 
        immigrants

    An alien who is eligible to receive an immigrant visa under 
paragraph (1), (2), or (3) of section 1153(b) of this title (or, in the 
case of an alien who is an immigrant described in section 1101(a)(27)(C) 
of this title, under section 1153(b)(4) of this title) may adjust status 
pursuant to subsection (a) of this section and notwithstanding 
subsection (c)(2), (c)(7), and (c)(8) of this section, if--
        (1) the alien, on the date of filing an application for 
    adjustment of status, is present in the United States pursuant to a 
    lawful admission;
        (2) the alien, subsequent to such lawful admission has not, for 
    an aggregate period exceeding 180 days--
            (A) failed to maintain, continuously, a lawful status;
            (B) engaged in unauthorized employment; or
            (C) otherwise violated the terms and conditions of the 
        alien's admission.

(l) \3\ Adjustment of status for victims of trafficking
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    \3\ So in original. Two subsecs. (l) have been enacted.
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    (1) If, in the opinion of the Attorney General, a nonimmigrant 
admitted into the United States under section 1101(a)(15)(T)(i) of this 
title--
        (A) has been physically present in the United States for a 
    continuous period of at least 3 years since the date of admission as 
    a nonimmigrant under section 1101(a)(15)(T)(i) of this title,
        (B) has, throughout such period, been a person of good moral 
    character, and
        (C)(i) has, during such period, complied with any reasonable 
    request for assistance in the investigation or prosecution of acts 
    of trafficking, or
        (ii) the alien would suffer extreme hardship involving unusual 
    and severe harm upon removal from the United States,

the Attorney General may adjust the status of the alien (and any person 
admitted under that section as the spouse, parent, or child of the 
alien) to that of an alien lawfully admitted for permanent residence.
    (2) \4\ Paragraph (1) shall not apply to an alien admitted under 
section 1101(a)(15)(T) of this title who is inadmissible to the United 
States by reason of a ground that has not been waived under section 1182 
of this title, except that, if the Attorney General considers it to be 
in the national interest to do so, the Attorney General, in the Attorney 
General's discretion, may waive the application of--
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    \4\ So in original. Two pars. (2) have been enacted.
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        (A) paragraphs (1) and (4) of section 1182(a) of this title; and
        (B) any other provision of such section (excluding paragraphs 
    (3), (10)(C), and (10(E)),\5\ if the activities rendering the alien 
    inadmissible under the provision were caused by, or were incident 
    to, the victimization described in section 1101(a)(15)(T)(i)(I) of 
    this title.
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    \5\ So in original. Probably should be ``(10)(E)),''.

    (2) \4\ An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (1)(A) 
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)(A) The total number of aliens whose status may be adjusted under 
paragraph (1) during any fiscal year may not exceed 5,000.
    (B) The numerical limitation of subparagraph (A) shall only apply to 
principal aliens and not to the spouses, sons, daughters, or parents of 
such aliens.
    (4) Upon the approval of adjustment of status under paragraph (1), 
the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval.

(l) \3\ Adjustment of status for victims of crimes against women

    (1) The Attorney General may adjust the status of an alien admitted 
into the United States (or otherwise provided nonimmigrant status) under 
section 1101(a)(15)(U) of this title to that of an alien lawfully 
admitted for permanent residence if the alien is not described in 
section 1182(a)(3)(E) of this title, unless the Attorney General 
determines based on affirmative evidence that the alien unreasonably 
refused to provide assistance in a criminal investigation or 
prosecution, if--
        (A) the alien has been physically present in the United States 
    for a continuous period of at least 3 years since the date of 
    admission as a nonimmigrant under clause (i) or (ii) of section 
    1101(a)(15)(U) of this title; and
        (B) in the opinion of the Attorney General, the alien's 
    continued presence in the United States is justified on humanitarian 
    grounds, to ensure family unity, or is otherwise in the public 
    interest.

    (2) An alien shall be considered to have failed to maintain 
continuous physical presence in the United States under paragraph (1)(A) 
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 
unless the absence is in order to assist in the investigation or 
prosecution or unless an official involved in the investigation or 
prosecution certifies that the absence was otherwise justified.
    (3) Upon approval of adjustment of status under paragraph (1) of an 
alien described in section 1101(a)(15)(U)(i) of this title the Attorney 
General may adjust the status of or issue an immigrant visa to a spouse, 
a child, or, in the case of an alien child, a parent who did not receive 
a nonimmigrant visa under section 1101(a)(15)(U)(ii) of this title if 
the Attorney General considers the grant of such status or visa 
necessary to avoid extreme hardship.
    (4) Upon the approval of adjustment of status under paragraph (1) or 
(3), the Attorney General shall record the alien's lawful admission for 
permanent residence as of the date of such approval.

(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.)

                       References in Text

    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

    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.


                       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 Pub. L. 106-386, div. B, 
title V, Sec. 1511(a), Oct. 28, 2000, 114 Stat. 1532; by Pub. L. 106-
554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(b)(1)], Dec. 21, 2000, 
114 Stat. 2763, 2763A-326, 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 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 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 whose status is adjusted 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 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)(H) [8 U.S.C. 1154(a)(1)(H)].
            ``(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. 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, 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 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.
        ``(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)(H) [8 U.S.C. 1154(a)(1)(H)].
    ``(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.''


     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, 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 
Attorney General, under such regulations as she may prescribe, to that 
of an alien lawfully admitted permanent residence if--
        ``(1) within 3 years after the date of promulgation by the 
    Attorney General of regulations in connection with this title 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 any other provision 
of law, the Attorney General may waive 212(a)(1); 212(a)(6)(B), (C), and 
(F); 212(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 
Attorney General shall be in writing and shall be granted only on an 
individual basis following an investigation.
    ``(d) Ceiling.--The number of aliens who may be provided adjustment 
of status under this provision shall not exceed 5,000.
    ``(e) 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)(1), (b)(2) 
and (b)(3).
    ``(f) 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.].''
    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, 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, 2001, 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, 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)(H) 
[probably means section 204(a)(1)(H) of the Immigration and Nationality 
Act, which is classified to section 1154(a)(1)(H) of this title].
    ``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. 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.]

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1153, 1154, 1160, 
1184, 1227, 1229a, 1229b, 1229c, 1252, 1254a, 1255a, 1256, 1356, 1534 of 
this title.
