8 U.S.C. § 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence

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 as a VAWA self-petitioner 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. Upon the approval of an application for adjustment made under subsection (a), 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. Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) shall not be applicable to (1) an alien crewman; (2) subject to subsection (k), 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 , 1 (6) an alien who is deportable under 1 So in original. The comma probably should be a semicolon. 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. The Attorney General may not adjust, under subsection (a), 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), 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 . 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). 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. 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) 2 of 2 See References in Text note below. 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. The Attorney General may not adjust, under subsection (a), the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under section 1186b of this title . 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), to have been paroled into the United States. such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and 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. entered the United States without inspection; or is within one of the classes enumerated in subsection (c) of this section; a petition for classification under section 1154 of this title that was filed with the Attorney General on or before April 30, 2001 ; or 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 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 ; 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; 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 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. the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and an immigrant visa is immediately available to the alien at the time the application is filed. 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 . 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 . 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 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, 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 the prevention or frustration of an act of terrorism against a United States person or United States property, or the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and the nonimmigrant has received a reward under section 2708(a) of title 22 , 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. the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission; failed to maintain, continuously, a lawful status; engaged in unauthorized employment; or otherwise violated the terms and conditions of the alien’s admission. 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 , or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is complete, whichever period of time is less; subject to paragraph (6), has, throughout such period, been a person of good moral character; and has, during such period, complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking; the alien 4 would suffer extreme hardship involving unusual and severe harm upon removal from the United States; or 4 So in original. The words “the alien” probably should not appear. was younger than 18 years of age at the time of the victimization qualifying the alien for relief under section 1101(a)(15)(T) of this title . 5 5 So in original. The period probably should be a comma. paragraphs (1) and (4) of section 1182(a) of this title ; and any other provision of such section (excluding paragraphs (3), (10)(C), and (10(E)), 7 if the activities rendering the alien inadmissible under the provision were caused by, or were incident to, the victimization described in 7 So in original. Probably should be “(10)(E)),”. section 1101(a)(15)(T)(i)(I) of this title . the absence was necessary to assist in the investigation or prosecution described in paragraph (1)(A); or an official involved in the investigation or prosecution certifies that the absence was otherwise justified. The total number of aliens whose status may be adjusted under paragraph (1) during any fiscal year may not exceed 5,000. The numerical limitation of subparagraph (A) shall only apply to principal aliens and not to the spouses, sons, daughters, siblings, or parents of such aliens. Upon the approval of adjustment of status under paragraph (1), the Secretary of Homeland Security shall record the alien’s lawful admission for permanent residence as of the date of such approval. For purposes of paragraph (1)(B), the Secretary of Homeland Security may waive consideration of a disqualification from good moral character with respect to an alien if the disqualification was caused by, or incident to, the trafficking described in section 1101(a)(15)(T)(i)(I) of this title . The Secretary of Homeland Security shall permit aliens to apply for a waiver of any fees associated with filing an application for relief through final adjudication of the adjustment of status for a VAWA self-petitioner and for relief under sections 1101(a)(15)(T), 1101(a)(15)(U), 1105a, 1229b(b)(2), and 1254a(a)(3) of this title (as in effect on March 31, 1997 ). 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 in the opinion of the Secretary of Homeland Security, 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. 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. Upon approval of adjustment of status under paragraph (1) of an alien described in section 1101(a)(15)(U)(i) of this title the Secretary of Homeland Security 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 Secretary considers the grant of such status or visa necessary to avoid extreme hardship. Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland Security shall record the alien’s lawful admission for permanent residence as of the date of such approval. The Secretary of Homeland Security shall consult with the Attorney General, as appropriate, in making a determination under paragraph (1) whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a Federal law enforcement official, Federal prosecutor, Federal judge, or other Federal authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title . Nothing in paragraph (1)(B) may be construed to prevent the Secretary from consulting with the Attorney General in making a determination whether affirmative evidence demonstrates that the alien unreasonably refused to provide assistance to a State or local law enforcement official, State or local prosecutor, State or local judge, or other State or local authority investigating or prosecuting criminal activity described in section 1101(a)(15)(U)(iii) of this title . If the approval of a petition for classification under section 1153(b)(5) of this title would make a visa immediately available to the alien beneficiary, the alien beneficiary’s application for adjustment of status under this section shall be considered to be properly filed whether the application is submitted concurrently with, or subsequent to, the visa petition. Except as otherwise specifically provided, any term used in this Act [probably should be “this section”] that is used in the immigration laws shall have the meaning given the term in the immigration laws. The term ‘immigration laws’ has the meaning given the term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). The term ‘Secretary’ means the Secretary of Homeland Security. applies for adjustment not later than 2 years after the date of the enactment of this Act [ Dec. 20, 2019 ]; is otherwise eligible to receive an immigrant visa; and subject to paragraph (2), is admissible to the United States for permanent residence. In determining the admissibility of an alien under paragraph (1)(C), the grounds of inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. has been convicted of any aggravated felony; has been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. An alien present in the United States who has been subject to an order of exclusion, deportation, removal, or voluntary departure under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) may, notwithstanding such order, submit an application for adjustment of status under this subsection if the alien is otherwise eligible for adjustment of status under paragraph (1). An alien described in subparagraph (A) shall not be required, as a condition of submitting or granting an application under this subsection, to file a separate motion to reopen, reconsider, or vacate an order described in subparagraph (A). If the Secretary adjusts the status of an alien pursuant to an application under this subsection, the Secretary shall cancel any order described in subparagraph (A) to which the alien has been subject. If the Secretary makes a final decision to deny such application, any such order shall be effective and enforceable to the same extent that such order would be effective and enforceable if the application had not been made. is a national of Liberia; and has been continuously present in the United States during the period beginning on November 20, 2014 , and ending on the date on which the alien submits an application under subsection (b); or is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence based on one or more absences from the United States for one or more periods amounting, in the aggregate, of not more than 180 days. The Secretary shall promulgate regulations establishing procedures by which an alien who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based on the filing of an application under subsection (b). is in exclusion, deportation, or removal proceedings under any provision of such Act; and has submitted an application for adjustment of status under subsection (b). The Secretary may order an alien described in subparagraph (A) to be removed from the United States if the Secretary has made a final determination to deny the application for adjustment of status under subsection (b) of the alien. authorize an alien who has applied for adjustment of status under subsection (b) to engage in employment in the United States during the period in which a determination on such application is pending; and provide such alien with an ‘employment authorized’ endorsement or other appropriate document signifying authorization of employment. If an application for adjustment of status under subsection (b) is pending for a period exceeding 180 days and has not been denied, the Secretary shall authorize employment for the applicable alien. On the approval of an application for adjustment of status under subsection (b) of an alien, the Secretary shall establish a record of admission for permanent residence for the alien as of the date of the arrival of the alien in the United States. applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ); and aliens subject to removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a ). A determination by the Secretary with respect to the adjustment of status of any alien under this section is final and shall not be subject to review by any court. Nothing in paragraph (1) shall be construed to preclude the review of a constitutional claim or a question of law under section 704 of title 5 , United States Code, with respect to a denial of adjustment of status under 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.) to offset the adjustment of status of an alien who has been lawfully admitted for permanent residence pursuant to this section. Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary in the administration and enforcement of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) or any other law relating to immigration, nationality, or naturalization. The eligibility of an alien to be lawfully admitted for permanent residence under this section shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible.” the ‘Help Haitian Adoptees Immediately to Integrate Act of 2010’; or the ‘Help HAITI Act of 2010’. was inspected and granted parole into the United States pursuant to the humanitarian parole policy for certain Haitian orphans announced by the Secretary of Homeland Security on January 18, 2010 , and suspended as to new applications on April 15, 2010 ; is physically present in the United States; is admissible to the United States as an immigrant, except as provided in subsection (c); and files an application for an adjustment of status under this section not later than 3 years after the date of the enactment of this Act [ Dec. 9, 2010 ]. The number of aliens who are granted the status of an alien lawfully admitted for permanent residence under this section shall not exceed 1400. Section 212(a)(7)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(7)(A) ) shall not apply to an alien seeking an adjustment of status 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.) for any alien granted the status of having been lawfully admitted for permanent residence under this section. the alien obtained adjustment of status under this section; and a citizen of the United States adopted the alien prior to, on, or after the date of the decision granting such adjustment of status. No birth parent of an alien who obtains adjustment of status under this section shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this section or the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). “The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [ 2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.” applies for such adjustment before April 1, 2000 ; and 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. the provisions of section 241(a)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1231(a)(5) ] shall not apply; and 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) ]. 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. filed for asylum before December 31, 1995 , 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 arrived in the United States without parents in the United States and has remained without parents in the United States since such arrival, became orphaned subsequent to arrival in the United States, or was abandoned by parents or guardians prior to April 1, 1998 and has remained abandoned since such abandonment; and 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. 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). 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. 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. the alien is a national of Haiti; the alien is the spouse, child, or unmarried son or daughter of an alien who is or was eligible for classification 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; at the time of filing of the application for adjustment under subsection (a), the alien is the spouse or child of an alien who is or was eligible for classification 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 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)(J) [ 8 U.S.C. 1154(a)(1)(J) ]. the alien applies for such adjustment and is physically present in the United States on the date the application is filed; and 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. 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. applicants for adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 ]; or aliens subject to removal proceedings under section 240 of such Act [ 8 U.S.C. 1229a ]. 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. 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.]. 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. 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.). Subsection (i) shall not apply after October 1, 2003 .” applies for such adjustment before April 1, 2000 ; and 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. the provisions of section 241(a)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1231(a)(5) ] shall not apply; and 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) ]. 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. 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. applied to the Attorney General for asylum; 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 ); was placed in exclusion proceedings under section 236 of such Act [ 8 U.S.C. 1226 ] (as so in effect); applied for adjustment of status under section 245 of such Act [ 8 U.S.C. 1255 ]; applied to the Attorney General for employment authorization; 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 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 shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. 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). 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. 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. the alien is a national of Nicaragua or Cuba; 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 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, or was eligible for adjustment, 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); the alien applies for such adjustment and is physically present in the United States on the date the application is filed; 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 applies for such adjustment before April 1, 2000 , or, in the case of an alien who qualifies under subparagraph (B)(ii), applies for such adjustment during the 18-month period beginning on the date of enactment of the Violence Against Women and Department of Justice Reauthorization Act of 2005 [ Jan. 5, 2006 ]. shall demonstrate that such period commenced not later than December 1, 1995 , in a manner consistent with subsection (b)(2); and 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. 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)(J) [ 8 U.S.C. 1154(a)(1)(J) ]. applicants for adjustment of status under section 245 of the Immigration and Nationality Act [ 8 U.S.C. 1255 ]; or aliens subject to removal proceedings under section 240 of such Act [ 8 U.S.C. 1229a ]. 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. 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.]. 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.” applies for such adjustment; 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; is admissible to the United States as an immigrant, except as provided in subsection (c); and pays a fee (determined by the Attorney General) for the processing of such application. was a national of Poland or Hungary; and 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. 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. 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). 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.].” “This Act may be cited as the ‘Chinese Student Protection Act of 1992’. 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) ]. The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed. 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 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. The numerical level of section 202(a)(2) of such Act [ 8 U.S.C. 1152(a)(2) ] shall not apply. Section 245(c) of such Act [ 8 U.S.C. 1255(c) ] shall not apply. 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 ; has resided continuously in the United States since April 11, 1990 (other than brief, casual, and innocent absences); and 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 ]. 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. 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. 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. 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 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. beginning with the fiscal year in which the application period begins; and 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). 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. In this section, the term ‘application period’ means the 12-month period beginning July 1, 1993 .” 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, 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 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) ]. 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]. 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. 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).” the alien makes an application for such adjustment and pays the appropriate fee; 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 the alien had been physically present in the United States prior to October 1, 1997 . was paroled into the United States from Vietnam under the auspices of the Orderly Departure Program; or was paroled into the United States from a refugee camp in East Asia; or was paroled into the United States from a displaced person camp administered by the United Nations High Commissioner for Refugees in Thailand. 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 [sic] any other provision of law, the Secretary of Homeland Security may waive 212(a)(1); 212(a)(6)(B), (C), and (F); 212(a)(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 Secretary of Homeland Security shall be in writing and shall be granted only on an individual basis following an investigation. Upon the approval of such an application for adjustment of status, the Secretary of Homeland Security 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). 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.]. adjudicate applications for adjustment under this section, notwithstanding any limitation on the number of adjustments under this section or any deadline for such applications that previously existed in law or regulation; and not charge a fee in addition to any fee that previously was submitted with such application.” applies for such adjustment, 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, is admissible to the United States as an immigrant, except as provided in subsection (c), and pays a fee (determined by the Attorney General) for the processing of such application. was a national of an independent state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and was inspected and granted parole into the United States during the period beginning on August 15, 1988 , and ending on September 30, 2026 , after being denied refugee status. 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. 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). 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.].” 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. Subsection (a) shall not apply to aliens for whom an application for adjustment of status is pending on such effective date.” 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. 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.’ 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. 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].”