§ 1256. Rescission of adjustment of status; effect upon naturalized citizen

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

   Pub. L. 82–477 · 66 Stat. 609

   Enacted · 8 U.S.C. § 1256

   June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217

2. 1994

   Immigration and Nationality Technical Corrections Act of 1994

   Pub. L. 103–416 title II § 219(m) · 108 Stat. 4305

   Struck · 8 U.S.C. § 1256(a)

   Pub. L. 103–416 struck out first three sentences which read as follows: “If, at any time within five years after the status of a person has been adjusted under the provisions of section 1254 of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth 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 the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–416 struck out first three sentences which read as follows: “If, at any time within five years after the status of a person has been adjusted under the provisions of section 1254 of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth 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 the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.”

   Enacted provision · exact public law section
   (m) Effective as of the date of the enactment of this Act, Effective date. section 246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)) is amended by striking the first 3 sentences.

3. 1996

   Pub. L. 104–208 § 378(a) · 110 Stat. 3009

   Inserted · 8 U.S.C. § 1256(a)

   Pub. L. 104–208, § 378(a), inserted at end “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–208, § 378(a), inserted at end “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”

   Enacted provision · exact public law section
   (a) In General.— Section 246(a) (8 U.S.C. 1256(a)) is amended by adding at the end the following sentence: “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 240, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”.

   Effective date note
   Amendment by section 308(e)(1)(H) 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. Pub. L. 104–208, div. C, title III, § 378(b), Sept. 30, 1996, 110 Stat. 3009–649, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title]).”

4. 1996

   Department of Education Appropriations Act, 1997

   Pub. L. 104–208 § 308(e)(1)(H) · 110 Stat. 3009

   Substituted · 8 U.S.C. § 1256(a)

   Pub. L. 104–208, § 308(e)(1)(H), substituted “removal” for “deportation”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–208, § 308(e)(1)(H), substituted “removal” for “deportation”.

   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(e)(1)(H) 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. Pub. L. 104–208, div. C, title III, § 378(b), Sept. 30, 1996, 110 Stat. 3009–649, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under section 1101 of this title]).”

3 of 4 references resolved to an enrolled provision · 1 partial