
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1255b]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1255b. Adjustment of status of certain nonimmigrants to 
        that of persons admitted for permanent residence
        
    Notwithstanding any other provision of law--

(a) Application

    Any alien admitted to the United States as a nonimmigrant under the 
provisions of either section 101(a)(15)(A)(i) or (ii) or 
101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [8 
U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], who has failed to 
maintain a status under any of those provisions, may apply to the 
Attorney General for adjustment of his status to that of an alien 
lawfully admitted for permanent residence.

(b) Record of admission

    If, after consultation with the Secretary of State, it shall appear 
to the satisfaction of the Attorney General that the alien has shown 
compelling reasons demonstrating both that the alien is unable to return 
to the country represented by the government which accredited the alien 
or the member of the alien's immediate family and that adjustment of the 
alien's status to that of an alien lawfully admitted for permanent 
residence would be in the national interest, that the alien is a person 
of good moral character, that he is admissible for permanent residence 
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], and 
that such action would not be contrary to the national welfare, safety, 
or security, the Attorney General, in his discretion, may record the 
alien's lawful admission for permanent residence as of the date the 
order of the Attorney General approving the application for adjustment 
of status is made.

(c) Report to the Congress; resolution not favoring adjustment of 
        status; reduction of quota

    A complete and detailed statement of the facts and pertinent 
provisions of law in the case shall be reported to the Congress with the 
reasons for such adjustment of status. Such reports shall be submitted 
on the first day of each calendar month in which Congress is in session. 
The Secretary of State shall, if the alien was classifiable as a quota 
immigrant at the time of his entry, reduce by one the quota of the quota 
area to which the alien is chargeable under section 202 of the 
Immigration and Nationality Act [8 U.S.C. 1152] for the fiscal year then 
current or the next following year in which a quota is available. No 
quota shall be so reduced by more than 50 per centum in any fiscal year.

(d) Limitations

    The number of aliens who may be granted the status of aliens 
lawfully admitted for permanent residence in any fiscal year, pursuant 
to this section, shall not exceed fifty.

(Pub. L. 85-316, Sec. 13, Sept. 11, 1957, 71 Stat. 642; Pub. L. 97-116, 
Sec. 17, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec. 9(kk), Oct. 
24, 1988, 102 Stat. 2622; Pub. L. 103-416, title II, Sec. 207, Oct. 25, 
1994, 108 Stat. 4312; Pub. L. 104-208, div. C, title VI, Sec. 671(b)(4), 
Sept. 30, 1996, 110 Stat. 3009-721.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. (b), is 
act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is 
classified principally to this chapter. For complete classification of 
this Act to the Code, see Short Title note set out under section 1101 of 
this title and Tables.

                          Codification

    Section was not enacted as a part of the Immigration and Nationality 
Act which comprises this chapter.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-208 made technical amendment to 
directory language of Pub. L. 103-416, Sec. 207(2). See 1994 Amendment 
note below.
    1994--Subsec. (c). Pub. L. 103-416, Sec. 207(1), struck out after 
second sentence ``If, during the session of the Congress at which a case 
is reported, or prior to the close of the session of Congress next 
following the session at which a case is reported, either the Senate or 
the House of Representatives passes a resolution stating in substance 
that it does not favor the adjustment of status of such alien, the 
Attorney General shall thereupon require the departure of such alien in 
the manner provided by law.''
    Pub. L. 103-416, Sec. 207(2), as amended by Pub. L. 104-208, 
substituted ``The'' for ``If neither the Senate nor the House of 
Representatives passes such a resolution within the time above 
specified, the''.
    1988--Subsec. (b). Pub. L. 100-525 struck out ``of'' after ``as of 
the date''.
    1981--Subsec. (b). Pub. L. 97-116 inserted provision requiring that 
the alien has shown compelling reasons demonstrating both that the alien 
is unable to return to the country represented by the government which 
accredited the alien or the member of the alien's immediate family and 
that adjustment of the alien's status to that of an alien lawfully 
admitted for permanent residence would be in the national interest.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective as if included in the 
enactment of the Immigration and Nationality Technical Corrections Act 
of 1994, Pub. L. 103-416, see section 671(b)(14) of Pub. L. 104-208, set 
out as a note under section 1101 of this title.


                    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.


   Definitions; Applicability of Section 1101(a) and (b) of This Title

    The definitions in subsecs. (a) and (b) of section 1101 of this 
title apply to this section, see section 14 of Pub. L. 85-316, set out 
as a note under section 1101 of this title.
