Federal · Title 8 — Aliens and Nationality

8 U.S.C. § 1159: Adjustment of status of refugees

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whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe, who has been physically present in the United States for at least one year, and who has not acquired permanent resident status, Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s arrival into the United States. applies for such adjustment, has been physically present in the United States for at least one year after being granted asylum, continues to be a refugee within the meaning of section 1101(a)(42)(A) of this title or a spouse or child of such a refugee, is not firmly resettled in any foreign country, and is admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of examination for adjustment of such alien. The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or 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 alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act [ 8 U.S.C. 1159(b) ] shall not apply to an alien described in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990 . who was granted asylum before the date of the enactment of this Act [ Nov. 29, 1990 ] (regardless of whether or not such asylum has been terminated under section 208 of the Immigration and Nationality Act [ 8 U.S.C. 1158 ]), who is no longer a refugee because of a change in circumstances in a foreign state, and who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section. The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act [ 8 U.S.C. 1152(a) ] and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.”

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