§ 1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence

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. 1957

   Pub. L. 85–316 § 13 · 71 Stat. 639

   Enacted · 8 U.S.C. § 1255b

   Pub. L. 85–316, § 13, Sept. 11, 1957, 71 Stat. 642

   Source evidence

   Code source credit
   Pub. L. 85–316, § 13, Sept. 11, 1957, 71 Stat. 642

   Enacted provision · exact public law section
   Sec. 13. Notwithstanding any other provision of law— (a) Any alien admitted to the United States as a nonimmigrant Application for adjustment of status. under the provisions of either section 101 (a) (15) (A) (i) or (ii) or 101 (a) (15) (G) (i) or (ii) of the Immigration and 8 USC 1101. Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence. (b) If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien is a person of good moral character, that he is admissible for 8 USC 1101 note. permanent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date of the order of the Attorney General approving the application for adjustment of status is made. (c) A complete and detailed statement of the facts and pertinent Report to Congress. provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law. If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act for the fiscal year then 8 USC 1152. current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year. (d) The number of aliens who may be granted the status of Admission for permanent residence. Fiscal year total. aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.

2. 1981

   Immigration and Nationality Act Amendments of 1981

   Pub. L. 97–116 § 17 · 95 Stat. 1611

   Inserted · 8 U.S.C. § 1255b(b)

   Pub. L. 97–116 inserted provision requiring that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–116 inserted provision requiring that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest.

   Enacted provision · exact public law section
   Sec. 17. Section 13(b) of the Act of September 11, 1957 (71 Stat. 642: 8 U.S.C. 1255b(b)), is amended by inserting after “Attorney General” the first place it appears the following: “that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest,”.

3. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 9(kk) · 102 Stat. 2609

   Struck · 8 U.S.C. § 1255b(b)

   Pub. L. 100–525 struck out “of” after “as of the date”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–525 struck out “of” after “as of the date”.

   Enacted provision · exact public law section
   (kk) Section 13(b) of the Act of September 11, 1957 (8 U.S.C. 1255b(b)) is amended by striking “of” after “as of the date”.

4. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 § 207(1) · 108 Stat. 4305

   Struck · 8 U.S.C. § 1255b(c)

   Pub. L. 103–416, § 207(1), struck out after second sentence “If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–416, § 207(1), struck out after second sentence “If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law.”

   Enacted provision · exact public law section
   (1) by striking the third sentence; and

   Effective date note
   Amendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

5. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 § 207(2) · 108 Stat. 4305

   1. Amended · 8 U.S.C. § 1255b(c)

      Pub. L. 103–416, § 207(2), as amended by Pub. L. 104–208

   2. Substituted · 8 U.S.C. § 1255b(c)

      Pub. L. 103–416, § 207(2), as substituted “The” for “If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–416, § 207(2), as amended by Pub. L. 104–208, substituted “The” for “If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the”.

   Enacted provision · exact public law section
   (2) in the fourth sentence, by striking “If neither the Senate nor the House of Representatives passes such a resolution within the time above specified the” and inserting “The”.

   Effective date note
   Amendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

6. 1996

   Pub. L. 104–208 div. C title VI § 671(b)(4) · 110 Stat. 3009

   Changed · 8 U.S.C. § 1255b(c)

   Pub. L. 104–208 made technical amendment to directory language of Pub. L. 103–416, § 207(2). See 1994 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–208 made technical amendment to directory language of Pub. L. 103–416, § 207(2). See 1994 Amendment note below.

   Enacted provision · exact public law section
   (4) 8 USC 1255b. Section 207(2) of INTCA is amended by inserting a comma after “specified”.

   Effective date note
   Amendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

7 of 7 references resolved to an enrolled provision