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8 U.S. Code § 1159 - Adjustment of status of refugees

(a) Inspection and examination byDepartment of Homeland Security

(1) Anyalien who has been admitted to theUnited States undersection 1157 of this title—

(A)

whose admission has not been terminated by theSecretary of Homeland Security or the Attorney Generalpursuant to such regulations as theSecretary of Homeland Security or the Attorney Generalmay prescribe,

(B)

who has been physically present in theUnited States for at least one year, and

(C)

who has not acquiredpermanent resident status,

shall, at the end of such year period, return or be returned to the custody of theDepartment of Homeland Security for inspection and examination for admission to the United Statesas an immigrant in accordance with the provisions of sections1225,1229a, and1231 of this title.

(2)

Anyalien who is found upon inspection and examination by animmigration 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 Statesfor permanentresidence as of the date of such alien’s arrival into the United States.

(b) Requirements for adjustmentTheSecretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney Generalmay prescribe, may adjust to the status of an alien lawfully admitted for permanent residencethe status of any aliengranted asylum who—

(1)

applies for such adjustment,

(2)

has been physically present in theUnited States for at least one year after being granted asylum,

(3)

continues to be arefugee within the meaning ofsection 1101(a)(42)(A) of this title or a spouse or child of such a refugee,

(4)

is not firmly resettled in any foreign country, and

(5)

is admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of examination for adjustment of suchalien.

Upon approval of an application under this subsection, theSecretary of Homeland Security or the Attorney Generalshall establish a record of the alien’s admission for lawful permanentresidence as of the date one year before the date of the approval of the application.

The provisions of paragraphs (4), (5), and (7)(A) ofsection 1182(a) of this title shall not be applicable to any alienseeking adjustment of status under this section, and theSecretary of Homeland Security or the Attorney Generalmay 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 alienfor humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

(June 27, 1952, ch. 477, title II, ch. 1, § 209, as addedPub. L. 96–212, title II, § 201(b),Mar. 17, 1980,94 Stat. 105; amendedPub. L. 101–649, title I, § 104(a)(1), title VI, § 603(a)(4),Nov. 29, 1990,104 Stat. 4985, 5082;Pub. L. 102–232, title III, § 307(l)(1),Dec. 12, 1991,105 Stat. 1756;Pub. L. 104–208, div. C, title III, §§ 308(g)(3)(A), (4)(A), 371(b)(2),Sept. 30, 1996,110 Stat. 3009–622, 3009–645;Pub. L. 109–13, div. B, title I, § 101(g)(1),May 11, 2005,119 Stat. 305.)

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (b)(5), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,66 Stat. 163, known as theImmigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out undersection 1101 of this title and Tables.

Amendments

2005—Subsec. (a)(1).Pub. L. 109–13, § 101(g)(1)(A)(i), substituted “Department of Homeland Security” for“Service” in concluding provisions.

Subsec. (a)(1)(A).Pub. L. 109–13, § 101(g)(1)(A)(ii), substituted “Secretary of Homeland Security or the Attorney General” for“Attorney General” in two places.

Subsec. (b).Pub. L. 109–13, § 101(g)(1)(B)(ii), substituted “Secretary of Homeland Security or the Attorney General” for“Attorney General” in concluding provisions.

Pub. L. 109–13, § 101(g)(1)(B)(i), added introductory provisions and struck out former introductory provisions which read as follows: “Not more than 10,000 of the refugeeadmissions authorized undersection 1157(a) of this title in any fiscal year may be made available by the Attorney General, in the Attorney General’s discretion and under such regulations as the Attorney Generalmay prescribe, to adjust to the status of an alien lawfully admitted for permanent residencethe status of any aliengranted asylum who—”.

Subsec. (c).Pub. L. 109–13, § 101(g)(1)(C), substituted “Secretary of Homeland Security or the Attorney General” for“Attorney General”.

1996—Subsec. (a)(1).Pub. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1229a” for “1226” and “1231” for “1227” in concluding provisions.

Subsec. (a)(2).Pub. L. 104–208, § 371(b)(2), substituted “an immigration judge” for “a special inquiry officer”.

1991—Subsec. (c).Pub. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”.

1990—Subsec. (b).Pub. L. 101–649, § 104(a)(1), substituted “10,000” for “five thousand”.

Subsec. (c).Pub. L. 101–649, § 603(a)(4), substituted “(4), (5), and (7)(A)” for “(14), (15), (20), (21), (25), and (32)” and “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))” for “(other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(g)(3)(A), (4)(A) ofPub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Amendment bysection 371(b)(2) of Pub. L. 104–208 effectiveSept. 30, 1996, seesection 371(d)(1) of Pub. L. 104–208, set out as a note undersection 1101 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 307(l),Dec. 12, 1991,105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of theImmigration Act of 1990,Pub. L. 101–649.

Effective Date of 1990 Amendment

Pub. L. 101–649, title I, § 104(a)(2),Nov. 29, 1990,104 Stat. 4985, provided that:

“The amendment made by paragraph (1) [amending this section] shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase therefugee determination previously made under section 207 of theImmigration and Nationality Act [8 U.S.C. 1157] for fiscal year 1991 in order to make such amendment effective for such fiscal year.”

Amendment bysection 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United Stateson or afterJune 1, 1991, seesection 601(e)(1) of Pub. L. 101–649, set out as a note undersection 1101 of this title.

Effective Date

Section effective, except as otherwise provided,Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginningOct. 1, 1979, seesection 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note undersection 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former Asylees

Pub. L. 101–649, title I, § 104(c), (d),Nov. 29, 1990,104 Stat. 4985, as amended byPub. L. 104–208, div. C, title VI, § 604(b)(2),Sept. 30, 1996,110 Stat. 3009–694, provided that:

“(c) Waiver of Numerical Limitation for Certain Current Asylees.—

The numerical limitation on the number ofaliens whose status may be adjusted under section 209(b) of theImmigration and Nationality Act [8 U.S.C. 1159(b)] shall not apply to an aliendescribed in subsection (d) or to an alienwho has applied for adjustment of status under such section on or beforeJune 1, 1990.

“(d) Adjustment of Certain Former Asylees.—

“(1) In general.—Subject to paragraph (2), the provisions of section 209(b) of theImmigration and Nationality Act [8 U.S.C. 1159(b)] shall also apply to an alien—

“(A)

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 theImmigration and Nationality Act [8 U.S.C. 1158]),

“(B)

who is no longer arefugee because of a change in circumstances in aforeign state, and

“(C)

who was (or would be) qualified for adjustment of status under section 209(b) of theImmigration 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.

“(2) Application of per country limitations.—

The number ofaliens who are natives of anyforeign 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 theImmigration and Nationality Act [8 U.S.C. 1152(a)] and the number of alienswho are chargeable to that foreign statein the fiscal year under section 202 of such Act.”

[Section 104(c), (d) ofPub. L. 101–649 effectiveNov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, seesection 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note undersection 1101 of this title.]

CFR Title	Parts
8	207, 209, 1207, 1209

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8 U.S. Code § 1159 - Adjustment of status of refugees

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