
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: 8USC1258]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                 Part V--Adjustment and Change of Status
 
Sec. 1258. Change of nonimmigrant classification

    The Attorney General may, under such conditions as he may prescribe, 
authorize a change from any nonimmigrant classification to any other 
nonimmigrant classification in the case of any alien lawfully admitted 
to the United States as a nonimmigrant who is continuing to maintain 
that status and who is not inadmissible under section 1182(a)(9)(B)(i) 
of this title (or whose inadmissibility under such section is waived 
under section 1182(a)(9)(B)(v) of this title), except in the case of--
        (1) an alien classified as a nonimmigrant under subparagraph 
    (C), (D), (K), or (S) of section 1101(a)(15) of this title,
        (2) an alien classified as a nonimmigrant under subparagraph (J) 
    of section 1101(a)(15) of this title who came to the United States 
    or acquired such classification in order to receive graduate medical 
    education or training,
        (3) an alien (other than an alien described in paragraph (2)) 
    classified as a nonimmigrant under subparagraph (J) of section 
    1101(a)(15) of this title who is subject to the two-year foreign 
    residence requirement of section 1182(e) of this title and has not 
    received a waiver thereof, unless such alien applies to have the 
    alien's classification changed from classification under 
    subparagraph (J) of section 1101(a)(15) of this title to a 
    classification under subparagraph (A) or (G) of such section, and
        (4) an alien admitted as a nonimmigrant visitor without a visa 
    under section 1182(l) of this title or section 1187 of this title.

(June 27, 1952, ch. 477, title II, ch. 5, Sec. 248, 66 Stat. 218; Pub. 
L. 87-256, Sec. 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97-116, 
Sec. 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99-603, title III, 
Sec. 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103-322, title XIII, 
Sec. 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104-208, div. 
C, title III, Sec. 301(b)(2), title VI, Sec. 671(a)(2), Sept. 30, 1996, 
110 Stat. 3009-578, 3009-721.)


                               Amendments

    1996--Pub. L. 104-208, Sec. 301(b)(2), in introductory provisions, 
inserted ``and who is not inadmissible under section 1182(a)(9)(B)(i) of 
this title (or whose inadmissibility under such section is waived under 
section 1182(a)(9)(B)(v) of this title)'' after ``maintain that 
status''.
    Par. (1). Pub. L. 104-208, Sec. 671(a)(2), made technical amendment 
to directory language of Pub. L. 103-322, Sec. 130003(b)(3). See 1994 
Amendment note below.
    1994--Par. (1). Pub. L. 103-322, Sec. 130003(b)(3), as amended by 
Pub. L. 104-208, Sec. 671(a)(2), substituted ``(K), or (S)'' for ``or 
(K)''.
    1986--Par. (4). Pub. L. 99-603 added par. (4).
    1981--Pub. L. 97-116 permitted certain exchange visitors who are not 
subject to a requirement of returning to their home countries for two 
years, or who have had such requirement waived, to adjust to a visitor 
or diplomat status, prohibited the adjustment of nonimmigrant status by 
fiancee or fiance nonimmigrants, and specifically precluded the change 
of status with respect to doctors who have entered the United States as 
exchange visitors for graduate medical training, even if they have 
received a waiver of the two-year foreign residence requirement.
    1961--Pub. L. 87-256 inserted references to paragraph (15)(J) of 
section 1101(a) of this title in two places.


                    Effective Date of 1996 Amendment

    Amendment by section 301(b)(2) of Pub. L. 104-208 effective, with 
certain transitional provisions, on the first day of the first month 
beginning more than 180 days after Sept. 30, 1996, see section 309 of 
Pub. L. 104-208, set out as a note under section 1101 of this title.
    Amendment by section 671(a)(2) 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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1184, 1201, 1223, 1227, 
1229a, 1229c, 1231, 1254a, 1372 of this title.
