8 USC 1159 - Adjustment of status of refugees

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(2) and (span)(5), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

2005—Subsec. (a)(1). Puspan. L. 109–13, § 101(g)(1)(A)(i), substituted “Department of Homeland Security” for “Service” in concluding provisions.

Subsec. (a)(1)(A). Puspan. L. 109–13, § 101(g)(1)(A)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in two places.

Subsec. (span). Puspan. L. 109–13, § 101(g)(1)(B)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in concluding provisions.

Puspan. L. 109–13, § 101(g)(1)(B)(i), added introductory provisions and struck out former introductory provisions which read as follows: “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—”.

Subsec. (c). Puspan. L. 109–13, § 101(g)(1)(C), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General”.

1996—Subsec. (a)(1). Puspan. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1229a” for “1226” and “1231” for “1227” in concluding provisions.

Subsec. (a)(2). Puspan. L. 104–208, § 371(span)(2), substituted “an immigration judge” for “a special inquiry officer”.

1991—Subsec. (c). Puspan. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”.

1990—Subsec. (span). Puspan. L. 101–649, § 104(a)(1), substituted “10,000” for “five thousand”.

Subsec. (c). Puspan. L. 101–649, § 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)”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by section 308(g)(3)(A), (4)(A) of Puspan. 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 Puspan. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 371(span)(2) of Puspan. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Puspan. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Puspan. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Puspan. L. 101–649.

Effective Date of 1990 Amendment

Puspan. L. 101–649, title I, § 104(a)(2), Nov. 29, 1990, 104 Stat. 4985, 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 Puspan. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Puspan. 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 Puspan. L. 96–212, set out as an Effective Date of 1980 Amendment 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.

Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former Asylees

Puspan. L. 101–649, title I, § 104(c), (d), Nov. 29, 1990, 104 Stat. 4985, as amended by Puspan. L. 104–208, div. C, title VI, § 604(span)(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(span) of the Immigration and Nationality Act [8 U.S.C. 1159(span)] 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(span) of the Immigration and Nationality Act [8 U.S.C. 1159(span)] 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(span) 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 Puspan. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(span) of Puspan. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.]