§ 1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

Statutory text

The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admission or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of the date of the Attorney General’s order making such adjustment of status, the Attorney General shall cancel the record of the alien’s admission for permanent residence, and the immigrant status of such alien shall thereby be terminated.

The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101(a) of this title.

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.

1952
Pub. L. 82–477 · 66 Stat. 609
Enacted · 8 U.S.C. § 1257
June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218
Source evidence
Code source credit
June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218
1996
Department of Education Appropriations Act, 1997
Pub. L. 104–208 div. C title III § 308(f)(1)(P) · 110 Stat. 3009
Substituted · 8 U.S.C. § 1257(a)
Pub. L. 104–208 substituted “time of admission” for “time of entry”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–208 substituted “time of admission” for “time of entry”.
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 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.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–208 substituted “time of admission” for “time of entry”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by 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.

Abolition of Immigration and Naturalization Service and Transfer of Functions

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

Credits

1952–1996 · 2 acts

1952June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218
1996Pub. L. 104–208, div. C, title III, § 308(f)(1)(P), Sept. 30, 1996, 110 Stat. 3009–621.

Show as published

(June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218; Pub. L. 104–208, div. C, title III, § 308(f)(1)(P), Sept. 30, 1996, 110 Stat. 3009–621.)