§ 1159. Adjustment of status of refugees

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Refugee Act of 1980

   Pub. L. 96–212 title II § 201(b) · 94 Stat. 102

   Enacted · 8 U.S.C. § 1159

   June 27, 1952, ch. 477, title II, ch. 1, § 209, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 1, § 209, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105

   Enacted provision · exact public law section
   (b) Chapter 1 of title II of such Act is amended by adding after section 206 (8 U.S.C. 1156) the following new sections: “Sec. 207. “annual admission of refugees and admission of emergency situation refugees (a) (1) Except as provided in subsection (b), the number of Entry, numerical limitations. 8 USC 1157. refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e)), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest. “(2) Except as provided in subsection (b), the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest. “(3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation. “(b) If the President determines, after appropriate consultation, Emergency conditions. that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a), the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection. “(c) (1) Subject to the numerical limitations established pursuant Attorney General s authority. to subsections (a) and (b), the Attorney General may, in the Attorney General’s discretion and pursuant to such regulations as the Attorney General may prescribe, admit any refugee who is not firmly resettled in any foreign county, is determined to be of special humanitarian concern to the United States, and is admissible (except as otherwide provided under paragraph (3)) as an immigrant under this Act. “(2) A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), Spouse or child, admission status. 8 USC 1101. Ante, p. 102. or (E)) of any refugee who qualifies for admission under paragraph (1) shall, if not otherwise entitled to admission under paragraph (1) and if not a person described in the second sentence of section 101(a)(42), be entitled to the same admission status as such refugee if accompanying, or following to join, such refugee and if the spouse or child is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this Act. Upon the spouse’s or child’s admission to the United States, such admission shall be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged. “(3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of section 212(a) shall not be applicable to any alien seeking admission to the United States under this subsection, and the Attorney General may waive any other provision of such section (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. Any such waiver by the Attorney General shall be in writing and shall be granted only on an individual basis following an Report to Congress. investigation. The Attorney General shall provide for the annual reporting to Congress of the number of waivers granted under this paragraph in the previous fiscal year and a summary of the reasons for granting such waivers. “(4) The refugee status of any alien (and of the spouse or child of the alien) may be terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe if the Attorney General determines that the alien was not in fact a refugee within Ante, p. 102. Report to congressional committees. the meaning of section 101(a)(42) at the time of the alien’s admission. “(d) (1) Before the start of each fiscal year the President shall report to the Committees on the Judiciary of the House of Representatives and of the Senate regarding the foreseeable number of refugees who will be in need of resettlement during the fiscal year and the anticipated allocation of refugee admissions during the fiscal year. The President shall provide for periodic discussions between designated representatives of the President and members of such committees regarding changes in the worldwide refugee situation, the progress of refugee admissions, and the possible need for adjustments in the allocation of admissions among refugees. “(2) As soon as possible after representatives of the President initiate appropriate consultation with respect to the number of refugee admissions under subsection (a) or with respect to the admission of refugees in response to an emergency refugee situation under subsection (b), the Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of such consultation. “(3) (A) After the President initiates appropriate consultation prior to making a determination under subsection (a), a hearing to review the proposed determination shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals. “(B) After the President initiates appropriate consultation prior to making a determination, under subsection (b), that the number of refugee admissions should be increased because of an unforeseen emergency refugee situation, to the extent that time and the nature of the emergency refugee situation permit, a hearing to review the proposal to increase refugee admissions shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals. “(e) For purposes of this section, the term ’appropriate consultation’ means, with respect to the admission of refugees and allocation of refugee admissions, discussions in person by designated Cabinet-level representatives of the President with members of the Committees on the Judiciary of the Senate and of the House of Representatives to review the refugee situation or emergency refugee situation, to project the extent of possible participation of the United States therein, to discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns or grave humanitarian concerns or is otherwise in the national interest, and to provide such members with the following information: “(1) A description of the nature of the refugee situation. “(2) A description of the number and allocation of the refugees to be admitted and an analysis of conditions within the countries from which they came. “(3) A description of the proposed plans for their movement and resettlement and the estimated cost of their movement and resettlement. “(4) An analysis of the anticipated social, economic, and demographic impact of their admission to the United States. “(5) A description of the extent to which other countries will admit and assist in the resettlement of such refugees. “(6) An analysis of the impact of the participation of the United States in the resettlement of such refugees on the foreign policy interests of the United States. “(7) Such additional information as may be appropriate or requested by such members. To the extent possible, information described in this subsection shall be provided at least two weeks in advance of discussions in person by designated representatives of the President with such members. “Sec. 208. “asylum procedure (a) The Attorney General shall establish a procedure for 8 USC 1158. an alien physically present in the United States or at a land border or port of entry, irrespective of such alien’s status, to apply for asylum, and the alien may be granted asylum in the discretion of the Attorney General if the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A). Ante, p. 102. Termination. “(b) Asylum granted under subsection (a) may be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that the alien is no longer a refugee within the meaning of section 101(a)(42)(A) owing to a change in circumstances in the alien’s country of nationality or, in the case of an alien having no nationality, in the country in which the alien last habitually resided. “(c) A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), Spouse or child, status. 8 USC 1101. or (E)) of an alien who is granted asylum under subsection (a) may, if not otherwise eligible for asylum under such subsection, be granted the same status as the alien if accompanying, or following to join, such alien. “Sec. 209. “adjustment of status of refugees (a) (1) Any alien who has been admitted to the United 8 USC 1159. Ante, p. 103. States under section 207— “(A) whose admission has not been terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe, “(B) who has been physically present in the United States for at least one year, and “(C) who has not acquired permanent resident status, shall, at the end of such year period, return or be returned to the custody of the Service for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 235, 236, and 237. 8 USC 1225, 1226, 1227. “(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before a special inquiry officer to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this Act at the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this Act, 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. “(b) Not more than five thousand of the refugee admissions authorized Ante, p. 103. under section 207(a) 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 General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who— “(1) applies for such adjustment, “(2) has been physically present in the United States for at least one year after being granted asylum, “(3) continues to be a refugee within the meaning of section 101(a)(42)(A) 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 Act at the time of examination for adjustment of such alien. Alien’s admission record. Upon approval of an application under this subsection, the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date one year before the date of the approval of the application. “(c) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) of 8 USC 1182. section 212(a) shall not be applicable to any alien seeking adjustment of status under this section, and the Attorney General may waive any other provision of such section (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.”.

2. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 104(a)(1) · 104 Stat. 4978

   Substituted · 8 U.S.C. § 1159(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) In general.— Section 209(b) (8 U.S.C. 1159(b)) is amended by striking “five thousand” and inserting “10,000”.

3. 1990

   Immigration Act of 1990

   Pub. L. 101–649 § 603(a)(4) · 104 Stat. 4978

   1. Substituted · 8 U.S.C. § 1159(c)

      Pub. L. 101–649, § 603(a)(4), substituted “(4), (5), and (7)(A)” for “(14), (15), (20), (21), (25), and (32)”

   2. Substituted · 8 U.S.C. § 1159(c)

      Pub. L. 101–649, § 603(a)(4), substituted “(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (4) Sections 207(c)(3) and 209(c) (8 U.S.C. 1157(c)(3), 1159(c)) are each amended— (A) by striking “(14), (15), (20), (21), (25), and (32)” and inserting “(4), (5), and (7)(A)”, and (B) by striking “(other than paragraph” and all that follows through “narcotics)” and inserting “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))”.

4. 1991

   Pub. L. 102–232 title III § 307 · 105 Stat. 1733

   Substituted · 8 U.S.C. § 1159(c)

   Pub. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”.

   Enacted provision · exact public law section
   SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990. (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended— 8 USC 1182. (1) in paragraph (1)(A), by adding “or” at the end of clause (ii); (2) in paragraph (3)(A)(i), by inserting “(I)” after “any activity” and by inserting “(II)” after “sabotage or”; (3) in paragraph (3)(B)(iii)(III), by striking “an act of terrorist activity” and inserting “a terrorist activity”; (4) in paragraph (3)(D)(iv), by striking “if the alien” and inserting “if the immigrant”; (5) in paragraph (3)(C)(iv), by striking “identities” and inserting “identity”; (6) in paragraph (5)(C), by striking “preference immigrants” and all that follows through the end and inserting the following: “immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).”; (7) in paragraph (6)(B)— (A) by striking “who seeks” and inserting “(a) who seeks”, (B) by striking “(or” and inserting “, or (b) who seeks admission”, and (C) by striking “felony)” and inserting “felony,”; (8) in paragraph (6)(E)— (A) by redesignating clause (ii) as clause (iii), and (B) by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (9) in paragraph (8)(B), by striking “alien” the first place it appears and inserting “person”; and (10) in paragraph (9)(C)— (A) in clause (i), by striking everything that follows “entry of” and inserting “an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order.”, and (B) in clause (ii), by striking “to an alien who” and all that follows through “signatory” and inserting “so long as the child is located in a foreign state that is a party”. (b) Section 212(c) of the INA, as amended by section 601(d)(1) of the Immigration Act of 1990, is amended by striking “subparagraphs 8 USC 1182. (A), (B), (C), or (E) of paragraph (3)” and inserting “paragraphs (3) and (9)(C)”. (c) Section 212(d)(3) of the INA, as amended by section 601(d)(2)(B)(i) of the Immigration Act of 1990, is amended— (1) by striking “(3)(A),” and inserting “(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),” each place it appears, and (2) by striking “(3)(D)” and inserting “(3)(E)” each place it appears. (d) Section 212(d)(ll) of the IN A, as added by section 601(d)(2)(F) of the Immigration Act of 1990, is amended by inserting “and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof)” after “section 211(b)”. (e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of the Immigration Act of 1990, is amended by striking “section (a)(1)(A)(i)” and inserting “subsection (a)(1)(A)(i)”. (f) Section 212(h) of the INA, as amended by section 601(d)(4) of the Immigration Act of 1990, is amended— (1) in the matter before paragraph (1), by striking “in the case of ” and all that follows through “permanent residence”; and (2) in paragraph (1)— (A) in the matter before subparagraph (A), by inserting “(A) in the case of any immigrant” after “(1)”, (B) by striking “and” at the end of subparagraph (A), (C) by striking “and” at the end of subparagraph (C) and inserting “or”, (D) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and (E) by adding at the end the following: “(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and”. (g) Section 212(i) of the INA, as amended by section 601(d)(5) of the Immigration Act of 1990, is amended by striking “alien” and “alien’s” each place it appears and inserting “immigrant” and “immigrant’s”, respectively. (h) Section 241(a) of the INA, as amended by section 602(a) of the Immigration Act of 1990, is amended— 8 USC 1251. (1) by striking “deportable as being”, and by inserting “deportable” after “the following classes of”; (2) in paragraph (1)(D)(i), by inserting “respective” after “terminated under such”; (3) in paragraph (1)(E)(i), by inserting “any” before “entry” the second and third places it appears; (4) in paragraph (1)(E), by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: “(ii) Special rule in the case of family reunification.— Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.”; (5) in paragraph (1)(G), by striking “212(a)(5)(C)(i)” and inserting “212(a)(6)(C)(i)”; (6) in paragraph (1)(H), by striking “paragraph (6) or (7)” and inserting “paragraph (4)(D)”; (7) in paragraph (2)(D), by inserting “or attempt” after “conspiracy”; (8) in paragraph (3), by adding at the end the following: “(C) Document fraud.— Any alien who is the subject of a final order for violation of section 274C is deportable.”; (9) in subparagraphs (A) and (B) of paragraph (4), by striking “after entry has engaged” and inserting “after entry engages”; and (10) in paragraph (4)(C)(ii), by striking “excluability” and inserting “excludability”. (i) Section 102 of the INA, as amended by section 603(a)(2) of the Immigration Act of 1990, is amended by striking “paragraph (3) 8 USC 1102. (other than subparagraph (E)) of section 212(a)” each place it appears and inserting “subparagraphs (A) through (C) of section 212(a)(3)”. (j) Effective as if included in section 603(a)(5) of the Immigration Effective date. 8 USC 1160. 8 use 1160. Act of 1990, section 21003)(7)(B) of the INA is amended by striking “212(a)(19)” and inserting “212(a)(6)(C)(i)”. (k) Effective as if included in section 602(b) of the Immigration Act Effective date. 8 USC 1251. of 1990, section 241 of the INA is amended— (1) by striking subsection (d), and (2) in the subsection (h) (added by section 153(b) of the Immigration Act of 1990) by striking “exist” and inserting “existed” and by redesignating the subsection as subsection (c). (l) Effective as if included in section 603(a) of the Immigration Act Effective date. of 1990: (1) Sections 207(c)(3) and 209(c) of the INA, as amended by section 603(a)(4)(B) of the Immigration Act of 1990, are each 8 USC 1157, 1159. amended by striking “subparagraphs (A)” and inserting “subparagraph (A)”. (2) Section 210A(e)(2)(B) of the INA is amended by striking 8 USC 1161. clauses (iii) and (iv) and inserting the following: “(iii) Paragraph (3) (relating to security and related grounds).”. (3) Section 217(a) of the INA is amended by striking “(26)(B)” 8 USC 1187. and inserting “(7)(B)(i)(II)”. (4) Section 218(g)(3) of the INA is amended by striking 8 USC 1188. “212(a)(14)” and inserting “212(a)(5)(A)(i)”. (5) Section 244A(c) of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended— 8 USC 1254a. (A) in paragraph (2)(A)(iii)(I), by striking “paragraphs (9) and (10)” and inserting “paragraphs (2)(A) and (2)(B)”; and (B) by amending subclause (III) of paragraph (2)(A)(iii) to read as follows: “(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).”. (6) Section 245A(d)(2)(B)(ii) of the INA is amended— 8 USC 1255a. (A) by striking subclause (IV), (B) by redesignating subclause (II) as subclause (IV) and by transferring and inserting it after clause (III), (C) by redesignating subclause (III) as subclause (II), (D) by inserting after subclause (II) (as so redesignated) the following new subclause: “(III) Paragraph (3) (relating to security and related grounds).”, and (E) by striking “Subclause (II)” and inserting “Subclause (IV)”. (7) Section 272(a) of the INA is amended by striking the 8 USC 1322. comma before “shall pay”. (8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended by section 603(a)(20)(B) of the Immigration Act of 1990, 8 USC 1101 note. is amended by striking “(D)” and inserting “(E)”. (9) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended by striking “(23)(B), (27), (29), or (33)” and 8 USC 1255 note. inserting “(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)”. (10) Section 2(a)(3) of the Immigration Nursing Relief Act of 1989 is amended by striking “212(a)(14)” and inserting 8 USC 1255 note. “212(a)(5)(A)”. (m) Effective as if included in section 603(b) of the Immigration Effective date. Act of 1990— (1) paragraph (4)(B) of such section is amended by striking “in 8 USC 1254. paragraph (2)”, and (2) section 242(e) of the INA is amended by striking “paragraphs 8 USC 1252. (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)” and inserting “paragraph (2), (3), or (4)”.

5. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(g)(3)(A) · 110 Stat. 3009

   1. Substituted · 8 U.S.C. § 1159(a)(1)

      Pub. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1229a” for “1226” in concluding provisions

   2. Substituted · 8 U.S.C. § 1159(a)(1)

      Pub. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1231” for “1227” in concluding provisions

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 308. None of the funds in this Act may be used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or Bureau of Land Management lands in a manner different than such sales were conducted in fiscal year 1995.

   Effective date note
   Amendment by section 308(g)(3)(A), (4)(A) 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 371(b)(2) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.

6. 1996

   Pub. L. 104–208 § 371(b)(2) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1159(a)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (2) Section 209(a)(2) (8 U.S.C. 1159(a)(2)).

   Effective date note
   Amendment by section 308(g)(3)(A), (4)(A) 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 371(b)(2) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.

7. 2005

   REAL ID Act of 2005

   Pub. L. 109–13 § 101(g)(1)(A)(i) · 119 Stat. 231

   Substituted · 8 U.S.C. § 1159(a)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (i) by striking “Service” and inserting “Department of Homeland Security”; and

8. 2005

   REAL ID Act of 2005

   Pub. L. 109–13 § 101(g)(1)(A)(ii) · 119 Stat. 231

   Substituted · 8 U.S.C. § 1159(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (ii) by striking “Attorney General” each place such term appears and inserting “Secretary of Homeland Security or the Attorney General”;

9. 2005

   REAL ID Act of 2005

   Pub. L. 109–13 § 101(g)(1)(B)(ii) · 119 Stat. 231

   Substituted · 8 U.S.C. § 1159(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (ii) in the matter following paragraph (5), by striking “Attorney General” and inserting “Secretary of Homeland Security or the Attorney General”; and

10. 2005

    REAL ID Act of 2005

    Pub. L. 109–13 § 101(g)(1)(B)(i) · 119 Stat. 231

    1. Added · 8 U.S.C. § 1159(b)

       Pub. L. 109–13, § 101(g)(1)(B)(i), added introductory provisions

    2. Struck · 8 U.S.C. § 1159(b)

       Pub. L. 109–13, § 101(g)(1)(B)(i), struck out former introductory provisions which read as follows: “Not more than 10,000 of the refugee admissions authorized under section 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 General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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 refugee admissions authorized under section 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 General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—”.

    Enacted provision · exact public law section
    (i) by striking “Not more” and all that follows through “asylum who—” and inserting “The Secretary 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 General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—”; and

11. 2005

    REAL ID Act of 2005

    Pub. L. 109–13 § 101(g)(1)(C) · 119 Stat. 231

    Substituted · 8 U.S.C. § 1159(c)

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

    Source evidence

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

    Enacted provision · exact public law section
    (C) in subsection (c), by striking “Attorney General” and inserting “Secretary of Homeland Security or the Attorney General”.

14 of 14 references resolved to an enrolled provision