
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1255a]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1255a. Adjustment of status of certain entrants before 
        January 1, 1982, to that of person admitted for lawful residence
        

(a) Temporary resident status

    The Attorney General shall adjust the status of an alien to that of 
an alien lawfully admitted for temporary residence if the alien meets 
the following requirements:

                       (1) Timely application

        (A) During application period

            Except as provided in subparagraph (B), the alien must apply 
        for such adjustment during the 12-month period beginning on a 
        date (not later than 180 days after November 6, 1986) designated 
        by the Attorney General.

        (B) Application within 30 days of show-cause order

            An alien who, at any time during the first 11 months of the 
        12-month period described in subparagraph (A), is the subject of 
        an order to show cause issued under section 1252 of this title 
        (as in effect before October 1, 1996), must make application 
        under this section not later than the end of the 30-day period 
        beginning either on the first day of such 12-month period or on 
        the date of the issuance of such order, whichever day is later.

        (C) Information included in application

            Each application under this subsection shall contain such 
        information as the Attorney General may require, including 
        information on living relatives of the applicant with respect to 
        whom a petition for preference or other status may be filed by 
        the applicant at any later date under section 1154(a) of this 
        title.

            (2) Continuous unlawful residence since 1982

        (A) In general

            The alien must establish that he entered the United States 
        before January 1, 1982, and that he has resided continuously in 
        the United States in an unlawful status since such date and 
        through the date the application is filed under this subsection.

        (B) Nonimmigrants

            In the case of an alien who entered the United States as a 
        nonimmigrant before January 1, 1982, the alien must establish 
        that the alien's period of authorized stay as a nonimmigrant 
        expired before such date through the passage of time or the 
        alien's unlawful status was known to the Government as of such 
        date.

        (C) Exchange visitors

            If the alien was at any time a nonimmigrant exchange alien 
        (as defined in section 1101(a)(15)(J) of this title), the alien 
        must establish that the alien was not subject to the two-year 
        foreign residence requirement of section 1182(e) of this title 
        or has fulfilled that requirement or received a waiver thereof.

       (3) Continuous physical presence since November 6, 1986

        (A) In general

            The alien must establish that the alien has been 
        continuously physically present in the United States since 
        November 6, 1986.

        (B) Treatment of brief, casual, and innocent absences

             An alien shall not be considered to have failed to maintain 
        continuous physical presence in the United States for purposes 
        of subparagraph (A) by virtue of brief, casual, and innocent 
        absences from the United States.

        (C) Admissions

            Nothing in this section shall be construed as authorizing an 
        alien to apply for admission to, or to be admitted to, the 
        United States in order to apply for adjustment of status under 
        this subsection.

                     (4) Admissible as immigrant

        The alien must establish that he--
            (A) is admissible to the United States as an immigrant, 
        except as otherwise provided under subsection (d)(2) of this 
        section,
            (B) has not been convicted of any felony or of three or more 
        misdemeanors committed in the United States,
            (C) has not assisted in the persecution of any person or 
        persons on account of race, religion, nationality, membership in 
        a particular social group, or political opinion, and
            (D) is registered or registering under the Military 
        Selective Service Act [50 App. U.S.C. 451 et seq.], if the alien 
        is required to be so registered under that Act.

    For purposes of this subsection, an alien in the status of a Cuban 
    and Haitian entrant described in paragraph (1) or (2)(A) of section 
    501(e) of Public Law 96-422 [8 U.S.C. 1522 note] shall be considered 
    to have entered the United States and to be in an unlawful status in 
    the United States.

(b) Subsequent adjustment to permanent residence and nature of temporary 
        resident status

                (1) Adjustment to permanent residence

        The Attorney General shall adjust the status of any alien 
    provided lawful temporary resident status under subsection (a) of 
    this section to that of an alien lawfully admitted for permanent 
    residence if the alien meets the following requirements:

        (A) Timely application after one year's residence

            The alien must apply for such adjustment during the 2-year 
        period beginning with the nineteenth month that begins after the 
        date the alien was granted such temporary resident status.

        (B) Continuous residence

            (i) In general

                The alien must establish that he has continuously 
            resided in the United States since the date the alien was 
            granted such temporary resident status.
            (ii) Treatment of certain absences

                An alien shall not be considered to have lost the 
            continuous residence referred to in clause (i) by reason of 
            an absence from the United States permitted under paragraph 
            (3)(A).

        (C) Admissible as immigrant

            The alien must establish that he--
                (i) is admissible to the United States as an immigrant, 
            except as otherwise provided under subsection (d)(2) of this 
            section, and
                (ii) has not been convicted of any felony or three or 
            more misdemeanors committed in the United States.

        (D) Basic citizenship skills

            (i) In general

                The alien must demonstrate that he either--
                    (I) meets the requirements of section 1423(a) of 
                this title (relating to minimal understanding of 
                ordinary English and a knowledge and understanding of 
                the history and government of the United States), or
                    (II) is satisfactorily pursuing a course of study 
                (recognized by the Attorney General) to achieve such an 
                understanding of English and such a knowledge and 
                understanding of the history and government of the 
                United States.
            (ii) Exception for elderly or developmentally 
                    disabled individuals

                The Attorney General may, in his discretion, waive all 
            or part of the requirements of clause (i) in the case of an 
            alien who is 65 years of age or older or who is 
            developmentally disabled.
            (iii) Relation to naturalization examination

                In accordance with regulations of the Attorney General, 
            an alien who has demonstrated under clause (i)(I) that the 
            alien meets the requirements of section 1423(a) of this 
            title may be considered to have satisfied the requirements 
            of that section for purposes of becoming naturalized as a 
            citizen of the United States under subchapter III of this 
            chapter.

               (2) Termination of temporary residence

        The Attorney General shall provide for termination of temporary 
    resident status granted an alien under subsection (a) of this 
    section--
            (A) if it appears to the Attorney General that the alien was 
        in fact not eligible for such status;
            (B) if the alien commits an act that (i) makes the alien 
        inadmissible to the United States as an immigrant, except as 
        otherwise provided under subsection (d)(2) of this section, or 
        (ii) is convicted of any felony or three or more misdemeanors 
        committed in the United States; or
            (C) at the end of the 43rd first month beginning after the 
        date the alien is granted such status, unless the alien has 
        filed an application for adjustment of such status pursuant to 
        paragraph (1) and such application has not been denied.

       (3) Authorized travel and employment during temporary 
                                  residence

        During the period an alien is in lawful temporary resident 
    status granted under subsection (a) of this section--

        (A) Authorization of travel abroad

            The Attorney General shall, in accordance with regulations, 
        permit the alien to return to the United States after such brief 
        and casual trips abroad as reflect an intention on the part of 
        the alien to adjust to lawful permanent resident status under 
        paragraph (1) and after brief temporary trips abroad occasioned 
        by a family obligation involving an occurrence such as the 
        illness or death of a close relative or other family need.

        (B) Authorization of employment

            The Attorney General shall grant the alien authorization to 
        engage in employment in the United States and provide to that 
        alien an ``employment authorized'' endorsement or other 
        appropriate work permit.

(c) Applications for adjustment of status

                       (1) To whom may be made

        The Attorney General shall provide that applications for 
    adjustment of status under subsection (a) of this section may be 
    filed--
            (A) with the Attorney General, or
            (B) with a qualified designated entity, but only if the 
        applicant consents to the forwarding of the application to the 
        Attorney General.

    As used in this section, the term ``qualified designated entity'' 
    means an organization or person designated under paragraph (2).

          (2) Designation of qualified entities to receive 
                                applications

        For purposes of assisting in the program of legalization 
    provided under this section, the Attorney General--
            (A) shall designate qualified voluntary organizations and 
        other qualified State, local, and community organizations, and
            (B) may designate such other persons as the Attorney General 
        determines are qualified and have substantial experience, 
        demonstrated competence, and traditional long-term involvement 
        in the preparation and submittal of applications for adjustment 
        of status under section 1159 or 1255 of this title, Public Law 
        89-732 [8 U.S.C. 1255 note], or Public Law 95-145 [8 U.S.C. 1255 
        note].

        (3) Treatment of applications by designated entities

        Each qualified designated entity must agree to forward to the 
    Attorney General applications filed with it in accordance with 
    paragraph (1)(B) but not to forward to the Attorney General 
    applications filed with it unless the applicant has consented to 
    such forwarding. No such entity may make a determination required by 
    this section to be made by the Attorney General.

               (4) Limitation on access to information

        Files and records of qualified designated entities relating to 
    an alien's seeking assistance or information with respect to filing 
    an application under this section are confidential and the Attorney 
    General and the Service shall not have access to such files or 
    records relating to an alien without the consent of the alien.

                 (5) Confidentiality of information

        (A) In general

            Except as provided in this paragraph, neither the Attorney 
        General, nor any other official or employee of the Department of 
        Justice, or bureau or agency thereof, may--
                (i) use the information furnished by the applicant 
            pursuant to an application filed under this section for any 
            purpose other than to make a determination on the 
            application, for enforcement of paragraph (6), or for the 
            preparation of reports to Congress under section 404 of the 
            Immigration Reform and Control Act of 1986;
                (ii) make any publication whereby the information 
            furnished by any particular applicant can be identified; or
                (iii) permit anyone other than the sworn officers and 
            employees of the Department or bureau or agency or, with 
            respect to applications filed with a designated entity, that 
            designated entity, to examine individual applications.

        (B) Required disclosures

            The Attorney General shall provide the information furnished 
        under this section, and any other information derived from such 
        furnished information, to a duly recognized law enforcement 
        entity in connection with a criminal investigation or 
        prosecution, when such information is requested in writing by 
        such entity, or to an official coroner for purposes of 
        affirmatively identifying a deceased individual (whether or not 
        such individual is deceased as a result of a crime).

        (C) Authorized disclosures

            The Attorney General may provide, in the Attorney General's 
        discretion, for the furnishing of information furnished under 
        this section in the same manner and circumstances as census 
        information may be disclosed by the Secretary of Commerce under 
        section 8 of title 13.

        (D) Construction

            (i) In general

                Nothing in this paragraph shall be construed to limit 
            the use, or release, for immigration enforcement purposes or 
            law enforcement purposes of information contained in files 
            or records of the Service pertaining to an application filed 
            under this section, other than information furnished by an 
            applicant pursuant to the application, or any other 
            information derived from the application, that is not 
            available from any other source.
            (ii) Criminal convictions

                Information concerning whether the applicant has at any 
            time been convicted of a crime may be used or released for 
            immigration enforcement or law enforcement purposes.

        (E) Crime

            Whoever knowingly uses, publishes, or permits information to 
        be examined in violation of this paragraph shall be fined not 
        more than $10,000.

         (6) Penalties for false statements in applications

        Whoever files an application for adjustment of status under this 
    section and knowingly and willfully falsifies, misrepresents, 
    conceals, or covers up a material fact or makes any false, 
    fictitious, or fraudulent statements or representations, or makes or 
    uses any false writing or document knowing the same to contain any 
    false, fictitious, or fraudulent statement or entry, shall be fined 
    in accordance with title 18 or imprisoned not more than five years, 
    or both.

                        (7) Application fees

        (A) Fee schedule

            The Attorney General shall provide for a schedule of fees to 
        be charged for the filing of applications for adjustment under 
        subsection (a) or (b)(1) of this section. The Attorney General 
        shall provide for an additional fee for filing an application 
        for adjustment under subsection (b)(1) of this section after the 
        end of the first year of the 2-year period described in 
        subsection (b)(1)(A) of this section.

        (B) Use of fees

            The Attorney General shall deposit payments received under 
        this paragraph in a separate account and amounts in such account 
        shall be available, without fiscal year limitation, to cover 
        administrative and other expenses incurred in connection with 
        the review of applications filed under this section.

        (C) Immigration-related unfair employment practices

            Not to exceed $3,000,000 of the unobligated balances 
        remaining in the account established in subparagraph (B) shall 
        be available in fiscal year 1992 and each fiscal year thereafter 
        for grants, contracts, and cooperative agreements to community-
        based organizations for outreach programs, to be administered by 
        the Office of Special Counsel for Immigration-Related Unfair 
        Employment Practices: Provided, That such amounts shall be in 
        addition to any funds appropriated to the Office of Special 
        Counsel for such purposes: Provided further, That none of the 
        funds made available by this section shall be used by the Office 
        of Special Counsel to establish regional offices.

(d) Waiver of numerical limitations and certain grounds for exclusion

               (1) Numerical limitations do not apply

        The numerical limitations of sections 1151 and 1152 of this 
    title shall not apply to the adjustment of aliens to lawful 
    permanent resident status under this section.

                 (2) Waiver of grounds for exclusion

        In the determination of an alien's admissibility under 
    subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B) of this section--

        (A) Grounds of exclusion not applicable

            The provisions of paragraphs (5) and (7)(A) of section 
        1182(a) of this title shall not apply.

        (B) Waiver of other grounds

            (i) In general

                Except as provided in clause (ii), the Attorney General 
            may waive any other provision of section 1182(a) of this 
            title in the case of individual aliens for humanitarian 
            purposes, to assure family unity, or when it is otherwise in 
            the public interest.
            (ii) Grounds that may not be waived

                The following provisions of section 1182(a) of this 
            title may not be waived by the Attorney General under clause 
            (i):
                    (I) Paragraphs (2)(A) and (2)(B) (relating to 
                criminals).
                    (II) Paragraph (2)(C) (relating to drug offenses), 
                except for so much of such paragraph as relates to a 
                single offense of simple possession of 30 grams or less 
                of marihuana.
                    (III) Paragraph (3) (relating to security and 
                related grounds).
                    (IV) Paragraph (4) (relating to aliens likely to 
                become public charges) insofar as it relates to an 
                application for adjustment to permanent residence.

          Subclause (IV) (prohibiting the waiver of section 1182(a)(4) 
            of this title) shall not apply to an alien who is or was an 
            aged, blind, or disabled individual (as defined in section 
            1614(a)(1) of the Social Security Act [42 U.S.C. 
            1382c(a)(1)]).
            (iii) Special rule for determination of public 
                    charge

                An alien is not ineligible for adjustment of status 
            under this section due to being inadmissible under section 
            1182(a)(4) of this title if the alien demonstrates a history 
            of employment in the United States evidencing self-support 
            without receipt of public cash assistance.

        (C) Medical examination

            The alien shall be required, at the alien's expense, to 
        undergo such a medical examination (including a determination of 
        immunization status) as is appropriate and conforms to generally 
        accepted professional standards of medical practice.

(e) Temporary stay of deportation and work authorization for certain 
        applicants

                    (1) Before application period

        The Attorney General shall provide that in the case of an alien 
    who is apprehended before the beginning of the application period 
    described in subsection (a)(1)(A) of this section and who can 
    establish a prima facie case of eligibility to have his status 
    adjusted under subsection (a) of this section (but for the fact that 
    he may not apply for such adjustment until the beginning of such 
    period), until the alien has had the opportunity during the first 30 
    days of the application period to complete the filing of an 
    application for adjustment, the alien--
            (A) may not be deported, and
            (B) shall be granted authorization to engage in employment 
        in the United States and be provided an ``employment 
        authorized'' endorsement or other appropriate work permit.

                    (2) During application period

        The Attorney General shall provide that in the case of an alien 
    who presents a prima facie application for adjustment of status 
    under subsection (a) of this section during the application period, 
    and until a final determination on the application has been made in 
    accordance with this section, the alien--
            (A) may not be deported, and
            (B) shall be granted authorization to engage in employment 
        in the United States and be provided an ``employment 
        authorized'' endorsement or other appropriate work permit.

(f) Administrative and judicial review

               (1) Administrative and judicial review

        There shall be no administrative or judicial review of a 
    determination respecting an application for adjustment of status 
    under this section except in accordance with this subsection.

                   (2) No review for late filings

        No denial of adjustment of status under this section based on a 
    late filing of an application for such adjustment may be reviewed by 
    a court of the United States or of any State or reviewed in any 
    administrative proceeding of the United States Government.

                      (3) Administrative review

        (A) Single level of administrative appellate review

            The Attorney General shall establish an appellate authority 
        to provide for a single level of administrative appellate review 
        of a determination described in paragraph (1).

        (B) Standard for review

            Such administrative appellate review shall be based solely 
        upon the administrative record established at the time of the 
        determination on the application and upon such additional or 
        newly discovered evidence as may not have been available at the 
        time of the determination.

                         (4) Judicial review

        (A) Limitation to review of deportation

            There shall be judicial review of such a denial only in the 
        judicial review of an order of deportation under section 1105a 
        of this title (as in effect before October 1, 1996).

        (B) Standard for judicial review

            Such judicial review shall be based solely upon the 
        administrative record established at the time of the review by 
        the appellate authority and the findings of fact and 
        determinations contained in such record shall be conclusive 
        unless the applicant can establish abuse of discretion or that 
        the findings are directly contrary to clear and convincing facts 
        contained in the record considered as a whole.

        (C) Jurisdiction of courts

            Notwithstanding any other provision of law, no court shall 
        have jurisdiction of any cause of action or claim by or on 
        behalf of any person asserting an interest under this section 
        unless such person in fact filed an application under this 
        section within the period specified by subsection (a)(1) of this 
        section, or attempted to file a complete application and 
        application fee with an authorized legalization officer of the 
        Service but had the application and fee refused by that officer.

(g) Implementation of section

                           (1) Regulations

        The Attorney General, after consultation with the Committees on 
    the Judiciary of the House of Representatives and of the Senate, 
    shall prescribe--
            (A) regulations establishing a definition of the term 
        ``resided continuously'', as used in this section, and the 
        evidence needed to establish that an alien has resided 
        continuously in the United States for purposes of this section, 
        and
            (B) such other regulations as may be necessary to carry out 
        this section.

                         (2) Considerations

        In prescribing regulations described in paragraph (1)(A)--

        (A) Periods of continuous residence

            The Attorney General shall specify individual periods, and 
        aggregate periods, of absence from the United States which will 
        be considered to break a period of continuous residence in the 
        United States and shall take into account absences due merely to 
        brief and casual trips abroad.

        (B) Absences caused by deportation or advanced parole

            The Attorney General shall provide that--
                (i) an alien shall not be considered to have resided 
            continuously in the United States, if, during any period for 
            which continuous residence is required, the alien was 
            outside the United States as a result of a departure under 
            an order of deportation, and
                (ii) any period of time during which an alien is outside 
            the United States pursuant to the advance parole procedures 
            of the Service shall not be considered as part of the period 
            of time during which an alien is outside the United States 
            for purposes of this section.

        (C) Waivers of certain absences

            The Attorney General may provide for a waiver, in the 
        discretion of the Attorney General, of the periods specified 
        under subparagraph (A) in the case of an absence from the United 
        States due merely to a brief temporary trip abroad required by 
        emergency or extenuating circumstances outside the control of 
        the alien.

        (D) Use of certain documentation

            The Attorney General shall require that--
                (i) continuous residence and physical presence in the 
            United States must be established through documents, 
            together with independent corroboration of the information 
            contained in such documents, and
                (ii) the documents provided under clause (i) be 
            employment-related if employment-related documents with 
            respect to the alien are available to the applicant.

                    (3) Interim final regulations

        Regulations prescribed under this section may be prescribed to 
    take effect on an interim final basis if the Attorney General 
    determines that this is necessary in order to implement this section 
    in a timely manner.

(h) Temporary disqualification of newly legalized aliens from receiving 
        certain public welfare assistance

                           (1) In general

        During the five-year period beginning on the date an alien was 
    granted lawful temporary resident status under subsection (a) of 
    this section, and notwithstanding any other provision of law--
            (A) except as provided in paragraphs (2) and (3), the alien 
        is not eligible for--
                (i) any program of financial assistance furnished under 
            Federal law (whether through grant, loan, guarantee, or 
            otherwise) on the basis of financial need, as such programs 
            are identified by the Attorney General in consultation with 
            other appropriate heads of the various departments and 
            agencies of Government (but in any event including the State 
            program of assistance under part A of title IV of the Social 
            Security Act [42 U.S.C. 601 et seq.]),
                (ii) medical assistance under a State plan approved 
            under title XIX of the Social Security Act [42 U.S.C. 1396 
            et seq.], and
                (iii) assistance under the Food Stamp Act of 1977 [7 
            U.S.C. 2011 et seq.]; and

            (B) a State or political subdivision therein may, to the 
        extent consistent with subparagraph (A) and paragraphs (2) and 
        (3), provide that the alien is not eligible for the programs of 
        financial assistance or for medical assistance described in 
        subparagraph (A)(ii) furnished under the law of that State or 
        political subdivision.

    Unless otherwise specifically provided by this section or other law, 
    an alien in temporary lawful residence status granted under 
    subsection (a) of this section shall not be considered (for purposes 
    of any law of a State or political subdivision providing for a 
    program of financial assistance) to be permanently residing in the 
    United States under color of law.

                           (2) Exceptions

        Paragraph (1) shall not apply--
            (A) to a Cuban and Haitian entrant (as defined in paragraph 
        (1) or (2)(A) of section 501(e) of Public Law 96-422 [8 U.S.C. 
        1255 note], as in effect on April 1, 1983), or
            (B) in the case of assistance (other than assistance under a 
        State program funded under part A of title IV of the Social 
        Security Act [42 U.S.C. 601 et seq.]) which is furnished to an 
        alien who is an aged, blind, or disabled individual (as defined 
        in section 1614(a)(1) of the Social Security Act [42 U.S.C. 
        1382c(a)(1)]).

                  (3) Restricted medicaid benefits

        (A) Clarification of entitlement

            Subject to the restrictions under subparagraph (B), for the 
        purpose of providing aliens with eligibility to receive medical 
        assistance--
                (i) paragraph (1) shall not apply,
                (ii) aliens who would be eligible for medical assistance 
            but for the provisions of paragraph (1) shall be deemed, for 
            purposes of title XIX of the Social Security Act [42 U.S.C. 
            1396 et seq.], to be so eligible, and
                (iii) aliens lawfully admitted for temporary residence 
            under this section, such status not having changed, shall be 
            considered to be permanently residing in the United States 
            under color of law.

        (B) Restriction of benefits

            (i) Limitation to emergency services and services 
                    for pregnant women

                Notwithstanding any provision of title XIX of the Social 
            Security Act [42 U.S.C. 1396 et seq.] (including 
            subparagraphs (B) and (C) of section 1902(a)(10) of such Act 
            [42 U.S.C. 1396a(a)(10)(B), (C)]), aliens who, but for 
            subparagraph (A), would be ineligible for medical assistance 
            under paragraph (1), are only eligible for such assistance 
            with respect to--
                    (I) emergency services (as defined for purposes of 
                section 1916(a)(2)(D) of the Social Security Act [42 
                U.S.C. 1396o(a)(2)(D)]), and
                    (II) services described in section 1916(a)(2)(B) of 
                such Act (relating to service for pregnant women).
            (ii) No restriction for exempt aliens and children

                The restrictions of clause (i) shall not apply to aliens 
            who are described in paragraph (2) or who are under 18 years 
            of age.

        (C) Definition of medical assistance

            In this paragraph, the term ``medical assistance'' refers to 
        medical assistance under a State plan approved under title XIX 
        of the Social Security Act [42 U.S.C. 1396 et seq.].

                  (4) Treatment of certain programs

        Assistance furnished under any of the following provisions of 
    law shall not be construed to be financial assistance described in 
    paragraph (1)(A)(i):
            (A) The Richard B. Russell National School Lunch Act [42 
        U.S.C. 1751 et seq.].
            (B) The Child Nutrition Act of 1966 [42 U.S.C. 1771 et 
        seq.].
            (C) The Carl D. Perkins Vocational and Technical Education 
        Act of 1998 [20 U.S.C. 2301 et seq.].
            (D) Title I of the Elementary and Secondary Education Act of 
        1965 [20 U.S.C. 6301 et seq.].
            (E) The Headstart-Follow Through Act [42 U.S.C. 2921 et 
        seq.].
            (F) Title I of the Workforce Investment Act of 1998 [29 
        U.S.C. 2801 et seq.].
            (G) Title IV of the Higher Education Act of 1965 [20 U.S.C. 
        1070 et seq., 42 U.S.C. 2751 et seq.].
            (H) The Public Health Service Act [42 U.S.C. 201 et seq.].
            (I) Titles V, XVI, and XX [42 U.S.C. 701 et seq., 1381 et 
        seq., 1397 et seq.], and parts B, D, and E of title IV [42 
        U.S.C. 620 et seq., 651 et seq., 670 et seq.], of the Social 
        Security Act (and titles I, X, XIV, and XVI of such Act [42 
        U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] as 
        in effect without regard to the amendment made by section 301 of 
        the Social Security Amendments of 1972).

         (5) Adjustment not affecting Fascell-Stone benefits

        For the purpose of section 501 of the Refugee Education 
    Assistance Act of 1980 (Public Law 96-122) \1\ [8 U.S.C. 1255 note], 
    assistance shall be continued under such section with respect to an 
    alien without regard to the alien's adjustment of status under this 
    section.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``(Public Law 96-422)''.
---------------------------------------------------------------------------

(i) Dissemination of information on legalization program

    Beginning not later than the date designated by the Attorney General 
under subsection (a)(1)(A) of this section, the Attorney General, in 
cooperation with qualified designated entities, shall broadly 
disseminate information respecting the benefits which aliens may receive 
under this section and the requirements to obtain such benefits.

(June 27, 1952, ch. 477, title II, ch. 5, Sec. 245A, as added Pub. L. 
99-603, title II, Sec. 201(a)(1), Nov. 6, 1986, 100 Stat. 3394; amended 
Pub. L. 100-525, Sec. 2(h)(1), Oct. 24, 1988, 102 Stat. 2611; Pub. L. 
101-649, title VI, Sec. 603(a)(13), title VII, Sec. 703, Nov. 29, 1990, 
104 Stat. 5083, 5086; Pub. L. 102-140, title I, Oct. 28, 1991, 105 Stat. 
785; Pub. L. 102-232, title III, Sec. 307(l)(6), Dec. 12, 1991, 105 
Stat. 1756; Pub. L. 103-382, title III, Sec. 394(g), Oct. 20, 1994, 108 
Stat. 4028; Pub. L. 103-416, title I, Sec. 108(b), title II, 
Sec. 219(l)(1), Oct. 25, 1994, 108 Stat. 4310, 4317; Pub. L. 104-132, 
title IV, Sec. 431(a), Apr. 24, 1996, 110 Stat. 1273; Pub. L. 104-193, 
title I, Sec. 110(s)(2), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, 
div. C, title III, Secs. 308(g)(2)(B), (5)(A)(iii), 377(a), 384(d)(1), 
title VI, Sec. 623(a), Sept. 30, 1996, 110 Stat. 3009-622, 3009-623, 
3009-649, 3009-653, 3009-696; Pub. L. 105-277, div. A, Sec. 101(f) 
[title VIII, Sec. 405(d)(4), (f)(4)], Oct. 21, 1998, 112 Stat. 2681-337, 
2681-419, 2681-430; Pub. L. 105-332, Sec. 3(a), Oct. 31, 1998, 112 Stat. 
3125; Pub. L. 106-78, title VII, Sec. 752(b)(5), Oct. 22, 1999, 113 
Stat. 1169.)

                       References in Text

    The Military Selective Service Act, referred to in subsec. 
(a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, 
which is classified principally to section 451 et seq. of Title 50, 
Appendix, War and National Defense. For complete classification of this 
Act to the Code, see note set out under section 451 of Title 50, 
Appendix, and Tables.
    Public Law 96-422, referred to in subsecs. (a) and (h)(2)(A), (5), 
is Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as amended, which is 
known as the Refugee Education Assistance Act of 1980, and is set out as 
a note under section 1522 of this title.
    Public Law 89-732, referred to in subsec. (c)(2)(B), is Pub. L. 89-
732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out as a note 
under section 1255 of this title.
    Public Law 95-145, referred to in subsec. (c)(2)(B), is Pub. L. 95-
145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub. L. 95-145 
is set out as a note under section 1255 of this title. Title II of Pub. 
L. 95-145 amended Pub. L. 94-23, which was set out as a note under 
section 2601 of Title 22, Foreign Relations and Intercourse, and was 
repealed by Pub. L. 96-212, title III, Sec. 312(c), Mar. 17, 1980, 94 
Stat. 117.
    Section 404 of the Immigration Reform and Control Act of 1986, 
referred to in subsec. (c)(5)(A)(i), is section 404 of Pub. L. 99-603 
which is set out as a note below.
    Section 1105a of this title, referred to in subsec. (f)(4)(A), was 
repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b), Sept. 30, 
1996, 110 Stat. 3009-612.
    The Social Security Act, referred to in subsec. (h)(1)(A), (2)(B), 
(3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531, 49 Stat. 
620, as amended. Parts A, B, D, and E of title IV of the Social Security 
Act are classified generally to parts A (Sec. 601 et seq.), B (Sec. 620 
et seq.), D (Sec. 651 et seq.), and E (Sec. 670 et seq.), respectively, 
of subchapter IV of chapter 7 of Title 42, The Public Health and 
Welfare. Titles I, V, X, XIV, XVI, XIX, and XX of the Social Security 
Act are classified generally to subchapters I (Sec. 301 et seq.), V 
(Sec. 701 et seq.), X (Sec. 1201 et seq.), XIV (Sec. 1351 et seq.), XVI 
(Sec. 1381 et seq.), XIX (Sec. 1396 et seq.), and XX (Sec. 1397 et 
seq.), respectively, of chapter 7 of Title 42. For complete 
classification of this Act to the Code, see section 1305 of Title 42 and 
Tables.
    Section 301 of the Social Security Amendments of 1972, referred to 
in subsec. (h)(4)(I), is section 301 of Pub. L. 92-603, title III, Oct. 
30, 1972, 86 Stat. 1465, which enacted sections 1381 to 1382e and 1383 
to 1383c of Title 42.
    The Food Stamp Act of 1977, referred to in subsec. (h)(1)(A)(iii), 
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is 
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 2011 of Title 7 and Tables.
    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (h)(4)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as 
amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) 
of Title 42, The Public Health and Welfare. For complete classification 
of this Act to the Code, see Short Title note set out under section 1751 
of Title 42 and Tables.
    The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B), 
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is 
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42, The 
Public Health and Welfare. For complete classification of this Act to 
the Code, see Short Title note set out under section 1771 of Title 42 
and Tables.
    The Carl D. Perkins Vocational and Technical Education Act of 1998, 
referred to in subsec. (h)(4)(C), is Pub. L. 88-210, Dec. 18, 1963, 77 
Stat. 403, as amended, which is classified generally to chapter 44 
(Sec. 2301 et seq.) of Title 20, Education. For complete classification 
of this Act to the Code, see Short Title note set out under section 2301 
of Title 20 and Tables.
    The Elementary and Secondary Education Act of 1965, referred to in 
subsec. (h)(4)(D), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as 
amended generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519. Title I of the Act is classified generally to subchapter 
I (Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 6301 of Title 20 and Tables.
    The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E), 
is title V of Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 527, as amended, 
which was classified generally to subchapter V (Sec. 2921 et seq.) of 
chapter 34 of Title 42, The Public Health and Welfare, prior to repeal 
by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. 
For complete classification of this Act to the Code, see Tables.
    The Workforce Investment Act of 1998, referred to in subsec. 
(h)(4)(F), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. 
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.
    The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), 
is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of 
the Higher Education Act of 1965 is classified generally to subchapter 
IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and part C 
(Sec. 2751 et seq.) of subchapter I of chapter 34 of Title 42, The 
Public Health and Welfare. For complete classification of this Act to 
the Code, see Short Title note set out under section 1001 of Title 20 
and Tables.
    The Public Health Service Act, referred to in subsec. (h)(4)(H), is 
act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified 
generally to chapter 6A (Sec. 201 et seq.) of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 201 of Title 42 and Tables.


                            Prior Provisions

    A prior section 1255a, Pub. L. 85-316, Sec. 9, Sept. 11, 1957, 71 
Stat. 641, provided for adjustment of status of certain resident aliens 
to that of a person admitted for permanent residence, the recording by 
Attorney General of alien's lawful admission for permanent residence, 
and for granting of nonquota status to spouse and children, prior to 
repeal, eff. 180 days after Sept. 26, 1961, by Pub. L. 87-301, 
Sec. 24(a)(5), (b), Sept. 26, 1961, 75 Stat. 657.


                               Amendments

    1999--Subsec. (h)(4)(A). Pub. L. 106-78 substituted ``Richard B. 
Russell National School Lunch Act'' for ``National School Lunch Act''.
    1998--Subsec. (h)(4)(C). Pub. L. 105-332 substituted ``Carl D. 
Perkins Vocational and Technical Education Act of 1998'' for 
``Vocational Education Act of 1963''.
    Subsec. (h)(4)(F). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(f)(4)], substituted ``Title I'' for ``The Job Training 
Partnership Act or title I''.
    Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(4)], 
substituted ``The Job Training Partnership Act or title I of the 
Workforce Investment Act of 1998.'' for ``The Job Training Partnership 
Act.''
    1996--Subsec. (a)(1)(B). Pub. L. 104-208, Sec. 308(g)(5)(A)(iii), 
inserted ``(as in effect before October 1, 1996)'' after ``section 1252 
of this title''.
    Subsec. (c)(5). Pub. L. 104-208, Sec. 623(a), amended heading and 
text of par. (5) generally, substituting subpars. (A) to (E) for former 
par. consisting of introductory and concluding provisions and subpars. 
(A) to (C), relating to confidentiality of information.
    Pub. L. 104-208, Sec. 384(d)(1), substituted ``Anyone who uses, 
publishes, or permits information to be examined in violation of this 
paragraph shall be subject to appropriate disciplinary action and 
subject to a civil money penalty of not more than $5,000 for each 
violation.'' for ``Anyone who uses, publishes, or permits information to 
be examined in violation of this paragraph shall be fined in accordance 
with title 18 or imprisoned not more than five years, or both.'' in 
concluding provisions.
    Pub. L. 104-132, Sec. 431(a)(2), which directed the insertion of 
``and'' and cl. (ii) after ``Title 13'', was executed by making the 
insertion after ``title 13'' in concluding provisions to reflect the 
probable intent of Congress. Cl. (ii) read as follows: ``may authorize 
an application to a Federal court of competent jurisdiction for, and a 
judge of such court may grant, an order authorizing disclosure of 
information contained in the application of the alien to be used--
        ``(I) for identification of the alien when there is reason to 
    believe that the alien has been killed or severely incapacitated; or
        ``(II) for criminal law enforcement purposes against the alien 
    whose application is to be disclosed.''
    Pub. L. 104-132, Sec. 431(a)(1), which directed amendment by 
inserting ``(i)'' after ``except the Attorney General'', was executed by 
making the insertion after ``except that the Attorney General'' in 
concluding provisions to reflect the probable intent of Congress.
    Subsec. (f)(4)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted 
``(as in effect before October 1, 1996)'' after ``section 1105a of this 
title''.
    Subsec. (f)(4)(C). Pub. L. 104-208, Sec. 377(a), added subpar. (C).
    Subsec. (h)(1)(A)(i). Pub. L. 104-193, Sec. 110(s)(2)(A), 
substituted ``State program of assistance'' for ``program of aid to 
families with dependent children''.
    Subsec. (h)(2)(B). Pub. L. 104-193, Sec. 110(s)(2)(B), substituted 
``assistance under a State program funded under part A of title IV of 
the Social Security Act'' for ``aid to families with dependent 
children''.
    1994--Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103-416, Sec. 108(b), 
substituted ``1423(a)'' for ``1423''.
    Subsec. (c)(7)(C). Pub. L. 103-416, Sec. 219(l)(1), realigned 
margins and substituted ``subparagraph (B)'' for ``subsection (B)''.
    Subsec. (h)(4)(D). Pub. L. 103-382 amended subpar. (D) generally. 
Prior to amendment, subpar. (D) read as follows: ``Chapter 1 of the 
Education Consolidation and Improvement Act of 1981.''
    1991--Subsec. (c)(7)(C). Pub. L. 102-140, which directed the 
addition ``after subsection (B)'' of ``a new subsection'' (C), was 
executed by adding subpar. (C) after subpar. (B) to reflect the probable 
intent of Congress.
    Subsec. (d)(2)(B)(ii). Pub. L. 102-232, substituted ``Subclause 
(IV)'' for ``Subclause (II)'' in last sentence, added subcl. (III), 
redesignated former subcl. (III) as (II) and former subcl. (II) as (IV), 
and struck out former subcl. (IV) which read as follows: ``Paragraphs 
(3) (relating to security and related grounds), other than subparagraph 
(E) thereof.''
    1990--Subsec. (b)(1)(A). Pub. L. 101-649, Sec. 703(a)(1), 
substituted ``2-year period'' for ``one-year period''.
    Subsec. (b)(2)(C). Pub. L. 101-649, Sec. 703(a)(2), substituted 
``43rd'' for ``thirty-first''.
    Subsec. (c)(7)(A). Pub. L. 101-649, Sec. 703(b), inserted at end 
``The Attorney General shall provide for an additional fee for filing an 
application for adjustment under subsection (b)(1) of this section after 
the end of the first year of the 2-year period described in subsection 
(b)(1)(A) of this section.''
    Subsec. (d)(2)(A). Pub. L. 101-649, Sec. 603(a)(13)(A), substituted 
``(5) and (7)(A)'' for ``(14), (20), (21), (25), and (32)''.
    Subsec. (d)(2)(B)(ii). Pub. L. 101-649, Sec. 603(a)(13)(G), 
substituted ``1182(a)(4)'' for ``1182(a)(15)'' in last sentence.
    Subsec. (d)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(13)(B), 
substituted ``Paragraphs (2)(A) and (2)(B)'' for ``Paragraphs (9) and 
(10)''.
    Subsec. (d)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(13)(C), 
substituted ``(4)'' for ``(15)''.
    Subsec. (d)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(13)(D), 
substituted ``(2)(C)'' for ``(23)''.
    Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(13)(E), 
substituted ``(3) (relating to security and related grounds), other than 
subparagraph (E) thereof'' for ``(27), (28), and (29) (relating to 
national security and members of certain organizations)''.
    Subsec. (d)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(13)(F), 
struck out subcl. (V) which referred to par. (33).
    Subsec. (d)(2)(B)(iii). Pub. L. 101-649, Sec. 603(a)(13)(H), 
substituted ``1182(a)(4)'' for ``1182(a)(15)''.
    1988--Subsec. (a)(1)(B). Pub. L. 100-525, Sec. 2(h)(1)(A), 
substituted ``12-month'' for ``18-month''.
    Subsec. (b)(1)(D)(ii). Pub. L. 100-525, Sec. 2(h)(1)(B), inserted 
references to developmentally disabled in heading and text.
    Subsec. (c)(1). Pub. L. 100-525, Sec. 2(h)(1)(C), amended closing 
provisions generally without change.
    Subsec. (c)(5). Pub. L. 100-525, Sec. 2(h)(1)(D)(ii), substituted 
semicolon for period at end of first sentence and inserted ``except that 
the Attorney General may provide, in the Attorney General's discretion, 
for the furnishing of information furnished under this section in the 
same manner and circumstances as census information may be disclosed by 
the Secretary of Commerce under section 8 of title 13.''
    Subsec. (c)(5)(A). Pub. L. 100-525, Sec. 2(h)(1)(D)(i), inserted 
``or for the preparation of reports to Congress under section 404 of the 
Immigration Reform and Control Act of 1986'' after ``paragraph (6)''.
    Subsec. (d)(2)(B)(ii). Pub. L. 100-525, Sec. 2(h)(1)(E)(ii), 
inserted at end ``Subclause (II) (prohibiting the waiver of section 
1182(a)(15) of this title) shall not apply to an alien who is or was an 
aged, blind, or disabled individual (as defined in section 1614(a)(1) of 
the Social Security Act).''
    Subsec. (d)(2)(B)(ii)(II). Pub. L. 100-525, Sec. 2(h)(1)(E)(i), 
struck out ``by an alien other than an alien who is eligible for 
benefits under title XVI of the Social Security Act or section 212 of 
Public Law 93-66 for the month in which such alien is granted lawful 
temporary residence status under subsection (a) of this section'' after 
``permanent residence''.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(4)] of Pub. L. 
105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title 
VIII, Sec. 405(f)(4)] of Pub. L. 105-277 effective July 1, 2000, see 
section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, 
set out as a note under section 3502 of Title 5, Government Organization 
and Employees.


                    Effective Date of 1996 Amendments

    Amendment by section 308(g)(2)(B), (5)(A)(iii) 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 377(b) of div. C of Pub. L. 104-208 provided that: ``The 
amendment made by subsection (a) [amending this section] shall be 
effective as if included in the enactment of the Immigration Reform and 
Control Act of 1986 [Pub. L. 99-603].''
    Amendment by section 384(d)(1) of Pub. L. 104-208 applicable to 
offenses occurring on or after Sept. 30, 1996, see section 384(d)(2) of 
Pub. L. 104-208, set out as a note under section 1160 of this title.
    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of Title 42, The Public 
Health and Welfare.


                    Effective Date of 1994 Amendment

    Amendment by section 219(l)(1) of 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.


                    Effective Date of 1991 Amendment

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


                    Effective Date of 1990 Amendment

    Amendment by section 603(a)(13) of Pub. L. 101-649 applicable to 
applications for adjustment of status made on or after June 1, 1991, see 
section 601(e)(2) of Pub. L. 101-649, set out as a note under section 
1101 of this title.


                    Effective Date of 1988 Amendment

    Amendment by 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.


            Report on Citizenship of Certain Legalized Aliens

    Section 109 of Pub. L. 103-416 provided that: ``Not later than June 
30, 1996, the Commissioner of the Immigration and Naturalization Service 
shall prepare and submit to the Congress a report concerning the 
citizenship status of aliens legalized under section 245A and section 
210 of the Immigration and Nationality Act [8 U.S.C. 1255a, 1160]. Such 
report shall include the following information by district office for 
each national origin group:
        ``(1) The number of applications for citizenship filed.
        ``(2) The number of applications approved.
        ``(3) The number of applications denied.
        ``(4) The number of applications pending.''


                              Family Unity

    Section 301 of Pub. L. 101-649, as amended by Pub. L. 101-649, title 
VI, Sec. 603(a)(23), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 103-416, 
title II, Sec. 206(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104-208, 
div. C, title III, Secs. 308(d)(4)(R), (e)(2)(H), (16), (g)(1), 
(7)(E)(ii), 383(a), Sept. 30, 1996, 110 Stat. 3009-619 to 3009-622, 
3009-624, 3009-652, provided that:
    ``(a) Temporary Stay of Removal and Work Authorization for Certain 
Eligible Immigrants.--The Attorney General shall provide that in the 
case of an alien who is an eligible immigrant (as defined in subsection 
(b)(1)) as of May 5, 1988 (in the case of a relationship to a legalized 
alien described in subsection (b)(2)(B) or (b)(2)(C)) or as of December 
1, 1988 (in the case of a relationship to a legalized alien described in 
subsection (b)(2)(A)), who has entered the United States before such 
date, who resided in the United States on such date, and who is not 
lawfully admitted for permanent residence, the alien--
        ``(1) may not be removed or otherwise required to depart from 
    the United States on a ground specified in paragraph (1)(A), (1)(B), 
    (1)(C), (3)(A), of section 237(a) of the Immigration and Nationality 
    Act [8 U.S.C. 1227(a)] (other than so much of section 237(a)(1)(A) 
    of such Act as relates to a ground of inadmissibility described in 
    paragraph (2) or (3) of section 212(a) of such Act [8 U.S.C. 
    1182(a)]), and
        ``(2) shall be granted authorization to engage in employment in 
    the United States and be provided an `employment authorized' 
    endorsement or other appropriate work permit.
    ``(b) Eligible Immigrant and Legalized Alien Defined.--In this 
section:
        ``(1) The term `eligible immigrant' means a qualified immigrant 
    who is the spouse or unmarried child of a legalized alien.
        ``(2) The term `legalized alien' means an alien lawfully 
    admitted for temporary or permanent residence who was provided--
            ``(A) temporary or permanent residence status under section 
        210 of the Immigration and Nationality Act [8 U.S.C. 1160],
            ``(B) temporary or permanent residence status under section 
        245A of the Immigration and Nationality Act [8 U.S.C. 1255a], or
            ``(C) permanent residence status under section 202 of the 
        Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set 
        out below].
    ``(c) Application of Definitions.--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.
    ``(d) Temporary Disqualification From Certain Public Welfare 
Assistance.--Aliens provided the benefits of this section by virtue of 
their relation to a legalized alien described in subsection (b)(2)(A) or 
(b)(2)(B) shall be ineligible for public welfare assistance in the same 
manner and for the same period as the legalized alien is ineligible for 
such assistance under section 245A(h) or 210(f), respectively, of the 
Immigration and Nationality Act [8 U.S.C. 1255a(h), 1160(f)].
    ``(e) Exception for Certain Aliens.--An alien is not eligible for 
the benefits of this section if the Attorney General finds that--
        ``(1) the alien has been convicted of a felony or 3 or more 
    misdemeanors in the United States,
        ``(2) the alien is described in section 208(b)(2)(A) of the 
    Immigration and Nationality Act [8 U.S.C. 1158(b)(2)(A)], or
        ``(3) [the alien] has committed an act of juvenile delinquency 
    which if committed by an adult would be classified as--
            ``(A) a felony crime of violence that has an element the use 
        or attempted use of physical force against another individual, 
        or
            ``(B) a felony offense that by its nature involves a 
        substantial risk that physical force against another individual 
        may be used in the course of committing the offense.
    ``(f) Construction.--Nothing in this section shall be construed as 
authorizing an alien to apply for admission to, or to be admitted to, 
the United States in order to obtain benefits under this section.
    ``(g) Effective Date.--This section shall take effect on October 1, 
1991; except that the delay in effectiveness of this section shall not 
be construed as reflecting a Congressional belief that the existing 
family fairness program should be modified in any way before such 
date.''
    [Section 383(b) of div. C of Pub. L. 104-208 provided that: ``The 
amendments made by subsection (a) [amending section 301 of Pub. L. 101-
649, set out above] shall apply to benefits granted or extended after 
the date of the enactment of this Act [Sept. 30, 1996].'']
    [Section 206(b) of Pub. L. 103-416 provided that: ``The amendment 
made by subsection (a) [amending section 301 of Pub. L. 101-649, set out 
above] shall be deemed to have become effective as of October 1, 
1991.'']


     Use of Capital Assets by Immigration and Naturalization Service

    Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 1000, provided: 
``That for fiscal year 1990 and hereafter capital assets acquired by the 
Immigration Legalization account may be made available for the general 
use of the Immigration and Naturalization Service after they are no 
longer needed for immigration legalization purposes''.


 Adjustment to Lawful Resident Status of Certain Nationals of Countries 
     for Which Extended Voluntary Departure Has Been Made Available

    Pub. L. 100-204, title IX, Sec. 902, Dec. 22, 1987, 101 Stat. 1400, 
provided that:
    ``(a) Adjustment of Status.--The status of any alien who is a 
national of a foreign country the nationals of which were provided (or 
allowed to continue in) `extended voluntary departure' by the Attorney 
General on the basis of a nationality group determination at any time 
during the 5-year period ending on November 1, 1987, shall be adjusted 
by the Attorney General to that of an alien lawfully admitted for 
temporary residence if the alien--
        ``(1) applies for such adjustment within two years after the 
    date of the enactment of this Act [Dec. 22, 1987];
        ``(2) establishes that (A) the alien entered the United States 
    before July 21, 1984, and (B) has resided continuously in the United 
    States since such date and through the date of the enactment of this 
    Act;
        ``(3) establishes continuous physical presence in the United 
    States (other than brief, casual, and innocent absences) since the 
    date of the enactment of this Act;
        ``(4) in the case of an alien who entered the United States as a 
    nonimmigrant before July 21, 1984, establishes that (A) the alien's 
    period of authorized stay as a nonimmigrant expired not later than 
    six months after such date through the passage of time or (B) the 
    alien applied for asylum before July 21, 1984; and
        ``(5) meets the requirements of section 245A(a)(4) of the 
    Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)).
The Attorney General shall provide for the acceptance and processing of 
applications under this subsection by not later than 90 days after the 
date of the enactment of this Act.
    ``(b) Status and Adjustment of Status.--The provisions of 
subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section 245A of 
the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to 
aliens provided temporary residence under subsection (a) in the same 
manner as they apply to aliens provided lawful temporary residence 
status under section 245A(a) of such Act.''
    Similar provisions were contained in Pub. L. 100-202, Sec. 101(a) 
[title IX, Secs. 901, 902], Dec. 22, 1987, 101 Stat. 1329, 1329-43.


             Procedures for Property Acquisition or Leasing

    Section 201(c)(1) of Pub. L. 99-603 provided that notwithstanding 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.), the Attorney General was authorized for period of up to two 
years after effective date of legalization program, to expend from 
appropriation provided for administration and enforcement of this 
chapter, such amounts necessary for leasing or acquisition of property 
in fulfillment of section 201 of Pub. L. 99-603, which enacted this 
section and amended sections 602, 672, and 673 of Title 42, The Public 
Health and Welfare.


                    Use of Retired Federal Employees

    Section 201(c)(2) of Pub. L. 99-603, as amended by Pub. L. 100-525, 
Sec. 2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided that: 
``Notwithstanding any other provision of law, the retired or retainer 
pay of a member or former member of the Armed Forces of the United 
States or the pay and annuity of a retired employee of the Federal 
Government who retired on or before January 1, 1986, shall not be 
reduced while such individual is temporarily employed by the Immigration 
and Naturalization Service for a period of not to exceed 18 months to 
perform duties in connection with the adjustment of status of aliens 
under this section [enacting this section and amending sections 602, 
672, and 673 of Title 42, The Public Health and Welfare]. The Service 
shall not temporarily employ more than 300 individuals under this 
paragraph. Notwithstanding any other provision of law, the annuity of a 
retired employee of the Federal Government shall not be increased or 
redetermined under chapter 83 or 84 of title 5, United States Code, as a 
result of a period of temporary employment under this paragraph.''


                        Cuban-Haitian Adjustment

    Section 202 of Pub. L. 99-603, as amended by Pub. L. 100-525, 
Sec. 2(i), Oct. 24, 1988, 102 Stat. 2612, provided that the status of an 
alien who received an immigration designation as a Cuban/Haitian Entrant 
as of Nov. 6, 1986, or who was a national of Cuba or Haiti, who arrived 
in the United States before Jan. 1, 1982, could be adjusted by the 
Attorney General to that of an alien lawfully admitted for permanent 
residence if the alien applied for such adjustment within two years 
after Nov. 6, 1986, and met certain other eligibility requirements.


               State Legalization Impact-Assistance Grants

    Section 204 of Pub. L. 99-603, as amended by Pub. L. 100-525, 
Sec. 2(k), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-166, title II, 
Nov. 21, 1989, 103 Stat. 1174; Pub. L. 101-238, Sec. 6(a), Dec. 18, 
1989, 103 Stat. 2104; Pub. L. 101-517, title II, Nov. 5, 1990, 104 Stat. 
2206; Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat. 1124; Pub. L. 
102-394, title II, Oct. 6, 1992, 106 Stat. 1808; Pub. L. 103-333, title 
II, Sept. 30, 1994, 108 Stat. 2558; Pub. L. 103-416, title II, 
Sec. 219(cc), Oct. 25, 1994, 108 Stat. 4319; Pub. L. 104-208, div. C, 
title VI, Sec. 671(b)(9), (d)(2), Sept. 30, 1996, 110 Stat. 3009-722, 
3009-723, related to State legalization impact-assistance grants and 
appropriation of funds, prior to repeal by Pub. L. 105-220, title I, 
Sec. 199(a)(1), Aug. 7, 1998, 112 Stat. 1058.


           Application of Certain State Assistance Provisions

    Section 303(c) of Pub. L. 99-603, defined ``eligible legalized 
alien'' relative to State legalization assistance, prior to repeal by 
Pub. L. 100-525, Sec. 2(n)(3), Oct. 24, 1988, 102 Stat. 2613.


                     Reports on Legalization Program

    Section 404 of Pub. L. 99-603 provided that:
    ``(a) In General.--The President shall transmit to Congress two 
reports on the legalization program established under section 245A of 
the Immigration and Nationality Act [8 U.S.C. 1255a].
    ``(b) Initial Report Describing Legalized Aliens.--The first report, 
which shall be transmitted not later than 18 months after the end of the 
application period for adjustment to lawful temporary residence status 
under the program, shall include a description of the population whose 
status is legalized under the program, including--
        ``(1) geographical origins and manner of entry of these aliens 
    into the United States,
        ``(2) their demographic characteristics, and
        ``(3) a general profile and characteristics.
    ``(c) Second Report on Impact of Legalization Program.--The second 
report, which shall be transmitted not later than three years after the 
date of transmittal of the first report, shall include a description 
of--
        ``(1) the impact of the program on State and local governments 
    and on public health and medical needs of individuals in the 
    different regions of the United States,
        ``(2) the patterns of employment of the legalized population, 
    and
        ``(3) the participation of legalized aliens in social service 
    programs.''
    [Functions of President under section 404 of Pub. L. 99-603 relating 
to initial report described in section 404(b) delegated to Attorney 
General and relating to second report described in section 404(c) 
delegated to Secretary of Labor by sections 1(c) and 2(c) of Ex. Ord. 
No. 12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section 
1364 of this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 1151, 1160, 1255, 1324b of 
this title; title 26 section 6039E; title 42 sections 408, 672, 1436a, 
3056i.
