Aliens and Nationality - 8 USC Section 1159

01/03/05

Sec. 1159. Adjustment of status of refugees

(a) Criteria and procedures applicable for admission as immigrant;
effect of adjustment
(1) Any alien who has been admitted to the United States under
section 1157 of this title -
(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 1225, 1229a, and 1231 of this title.
(2) Any alien who is found upon inspection and examination by an
immigration officer pursuant to paragraph (1) or after a hearing
before an immigration judge to be admissible (except as otherwise
provided under subsection (c) of this section) 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 States for permanent residence as of the date of such
alien's arrival into the United States.
(b) Maximum number of adjustments; recordkeeping
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
-
(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
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) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.
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) Applicability of other Federal statutory requirements
The provisions of paragraphs (4), (5), and (7)(A) of section
1182(a) of this title 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
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest.

AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(3)(A),
(4)(A), substituted "1229a" for "1226" and "1231" for "1227" in
concluding provisions.
Subsec. (a)(2). Pub. L. 104-208, Sec. 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, Sec. 104(a)(1), substituted
"10,000" for "five thousand".
Subsec. (c). Pub. L. 101-649, Sec. 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)".
EFFECTIVE DATE OF 1996 AMENDMENT
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.
EFFECTIVE DATE OF 1991 AMENDMENT
Section 307(l) of Pub. L. 102-232 provided that the amendment
made by that section is effective as if included in section 603(a)
of the Immigration Act of 1990, Pub. L. 101-649.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 104(a)(2) of Pub. L. 101-649 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 the refugee determination previously made under section
207 of the Immigration and Nationality Act [8 U.S.C. 1157] for
fiscal year 1991 in order to make such amendment effective for such
fiscal year."
Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
individuals entering United States on or after June 1, 1991, see
section 601(e)(1) of Pub. L. 101-649, set out as a note under
section 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
beginning Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out
as an Effective Date of 1980 Amendment note under section 1101 of
this title.

WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES;
ADJUSTMENT OF CERTAIN FORMER ASYLEES
Section 104(c), (d) of Pub. L. 101-649, as amended by Pub. L.
104-208, div. C, title VI, Sec. 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 of aliens whose status may
be adjusted under section 209(b) of the Immigration and Nationality
Act [8 U.S.C. 1159(b)] shall not apply to an alien described in
subsection (d) or to an alien who has applied for adjustment of
status under such section on or before June 1, 1990.
"(d) Adjustment of Certain Former Asylees. -
"(1) In general. - Subject to paragraph (2), the provisions of
section 209(b) of the Immigration 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 the Immigration
and Nationality Act [8 U.S.C. 1158]),
"(B) who is no longer a refugee because of a change in
circumstances in a foreign state, and
"(C) who was (or would be) qualified for adjustment of status
under section 209(b) of the Immigration 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 of
aliens who are natives of any foreign 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 the Immigration and Nationality Act [8 U.S.C.
1152(a)] and the number of aliens who are chargeable to that
foreign state in the fiscal year under section 202 of such Act."
[Section 104(c), (d) of Pub. L. 101-649 effective Nov. 29, 1990,
and (unless otherwise provided) applicable to fiscal year 1991, see
section 161(b) of Pub. L. 101-649, set out as an Effective Date of
1990 Amendment note under section 1101 of this title.]

Last modified: June 14, 2006