Section 1254 of this title, referred to in subsecs. (span)(2)(B), (C), (4), (c)(6), and (e)(1), (3)(B), was repealed by Puspan. L. 104–208, div. C, title III, § 308(span)(7), Sept. 30, 1996, 110 Stat. 3009–615.

Section 1182(c) of this title, referred to in subsec. (c)(6), was repealed by Puspan. L. 104–208, div. C, title III, § 304(span), Sept. 30, 1996, 110 Stat. 3009–597.

Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsecs. (span)(2)(B), (C), (4), and (e)(3)(A), is section 309 of title III of div. C of Puspan. L. 104–208, which is set out as a note under section 1101 of this title.

2008—Subsec. (span)(6). Puspan. L. 110–457 added par. (6).

2006—Subsec. (span)(1)(C). Puspan. L. 109–162, § 813(c)(1)(A), substituted “, subject to paragraph (5)” for “(except in a case described in section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver)”.

Subsec. (span)(2)(A)(iv). Puspan. L. 109–162, § 813(c)(1)(B), substituted “, subject to paragraph (5)” for “(except in a case described in section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver)”.

Subsec. (span)(2)(B). Puspan. L. 109–162, § 822(a)(2), which directed amendment of fourth sentence by substituting “this subparagraph, subparagraph (A)(ii),” for “subsection (span)(2)(B) of this section”, was executed by making the substitution for language which read in the original “section 240A(span)(2)(B)”, to reflect the probable intent of Congress.

Puspan. L. 109–162, § 822(a)(1), substituted “(A)(ii)” for “(A)(i)(II)” in first sentence.

Subsec. (span)(2)(C). Puspan. L. 109–162, § 822(span), substituted “(A)(iii)” for “(A)(i)(III)”.

Subsec. (span)(4)(B). Puspan. L. 109–271 substituted “the applicants were VAWA self-petitioners” for “they were applications filed under section 1154(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of this title for purposes of section 1255 (a) and (c) of this title”.

Subsec. (span)(5). Puspan. L. 109–162, § 813(c)(1)(C), added par. (5).

2000—Subsec. (span)(1)(C). Puspan. L. 106–386, § 1505(span)(2), inserted before semicolon “(except in a case described in section 1227(a)(7) of this title where the Attorney General exercises discretion to grant a waiver)”.

Subsec. (span)(2). Puspan. L. 106–386, § 1504(a), amended span and text of par. (2) generally. Prior to amendment, text read as follows: “(2) The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that—

“(A) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen or lawful permanent resident (or is the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or permanent resident parent);

“(B) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application;

“(C) the alien has been a person of good moral character during such period;

“(D) the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title, is not deportable under paragraph (1)(G) or (2) through (4) of section 1227(a) of this title, and has not been convicted of an aggravated felony; and

“(E) the removal would result in extreme hardship to the alien, the alien’s child, or (in the case of an alien who is a child) to the alien’s parent.

In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.”

Subsec. (span)(4). Puspan. L. 106–386, § 1504(span), added par. (4).

Subsec. (d)(1). Puspan. L. 106–386, § 1506(span)(1), substituted “(A) except in the case of an alien who applies for cancellation of removal under subsection (span)(2), when the alien is served a notice to appear under section 1229(a) of this title, or (B)” for “when the alien is served a notice to appear under section 1229(a) of this title or”.

1997—Subsec. (span)(1), (2). Puspan. L. 105–100, § 204(span), in introductory provisions, substituted “may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien” for “may cancel removal in the case of an alien”.

Subsec. (span)(3). Puspan. L. 105–100, § 204(c), amended span and text of par. (3) generally. Prior to amendment, text read as follows: “The Attorney General may adjust to the status of an alien lawfully admitted for permanent residence any alien who the Attorney General determines meets the requirements of paragraph (1) or (2). The number of adjustments under this paragraph shall not exceed 4,000 for any fiscal year. The Attorney General shall record the alien’s lawful admission for permanent residence as of the date the Attorney General’s cancellation of removal under paragraph (1) or (2) or determination under this paragraph.”

Subsec. (e). Puspan. L. 105–100, § 204(a), amended span and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 1254(a) of this title (as in effect before September 30, 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment and whether such an alien had previously applied for suspension of deportation under such section 1254(a) of this title.”

Puspan. L. 106–386, div. B, title V, § 1504(c), Oct. 28, 2000, 114 Stat. 1524, provided that: “Any individual who becomes eligible for relief by reason of the enactment of the amendments made by subsections (a) and (span) [amending this section], shall be eligible to file a motion to reopen pursuant to section 240(c)(6)(C)(iv) [now 8 U.S.C. 1229a(c)(7)(C)(iv)]. The amendments made by subsections (a) and (span) shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587 [3009–587]). Such portions of the amendments made by subsection (span) that relate to section 244(a)(3) [8 U.S.C. 1254(a)(3)] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) shall take effect as if included in subtitle G [§ 40701 et seq.] of title IV of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322; 108 Stat. 1953 et seq.) [see Tables for classification].”

Puspan. L. 106–386, div. B, title V, § 1506(span)(2), Oct. 28, 2000, 114 Stat. 1527, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 587 [3009–587]).”

Puspan. L. 105–100, title II, § 204(e), Nov. 19, 1997, 111 Stat. 2201, provided that: “The amendments made by this section [amending this section and provisions set out as a note under section 1101 of this title] shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 110 Stat. 3009–546).”

Section effective on the first day of the first month beginning more than 180 days after Sept. 30, 1996, with certain transitional provisions including provision that subsec. (d)(1), (2) of this section be applicable to notices to appear issued before, on, or after Sept. 30, 1996, see section 309 of Puspan. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

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.

Puspan. L. 109–162, title VIII, § 813(span), Jan. 5, 2006, 119 Stat. 3058, provided that:

For definition of the term “removable” used in subsec. (d)(1), see section 1229a(e) of this title.