8 U.S.C. § 1258 — Change of nonimmigrant classification

Page 380 TITLE 8—ALIENS AND NATIONALITY § 1258 immigrant 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 sta- tus of such alien shall thereby be terminated. (b) The adjustment of status required by sub- section (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, exemp- tions, and immunities under any law or any ex- ecutive order which would otherwise accrue to him because of the acquisition of an occupa- tional status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of sec- tion 1101(a) of this title. (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.) 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. § 1258. Change of nonimmigrant classification (a) The Secretary of Homeland Security may, under such conditions as he may prescribe, au- thorize a change from any nonimmigrant classi- fication to any other nonimmigrant classifica- tion in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), except (subject to subsection (b)) in the case of— (1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of sec- tion 1101(a)(15) of this title, (2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who came to the United States or ac- quired such classification in order to receive graduate medical education or training, (3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who is subject to the two-year for- eign residence requirement of section 1182(e) of this title and has not received a waiver there- of, unless such alien applies to have the alien’s classification changed from classification under subparagraph (J) of section 1101(a)(15) of this title to a classification under subpara- graph (A) or (G) of such section, and (4) an alien admitted as a nonimmigrant vis- itor without a visa under section 1182(l) of this title or section 1187 of this title. (b) The exceptions specified in paragraphs (1) through (4) of subsection (a) shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title. (June 27, 1952, ch. 477, title II, ch. 5, § 248, 66 Stat. 218; Pub. L. 87–256, § 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97–116, § 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title III, § 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103–322, title XIII, § 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104–208, div. C, title III, § 301(b)(2), title VI, § 671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578, 3009–721; Pub. L. 109–162, title VIII, § 821(c)(1), Jan. 5, 2006, 119 Stat. 3062.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–162 designated existing provisions as subsec. (a), substituted ‘‘Secretary of Homeland Secu- rity’’ for ‘‘Attorney General’’, inserted ‘‘(subject to subsection (b))’’ after ‘‘except’’ in introductory provi- sions, and added subsec. (b). 1996—Pub. L. 104–208, § 301(b)(2), in introductory provi- sions, inserted ‘‘and who is not inadmissible under sec- tion 1182(a)(9)(B)(i) of this title (or whose inadmis- sibility under such section is waived under section 1182(a)(9)(B)(v) of this title)’’ after ‘‘maintain that sta- tus’’. Par. (1). Pub. L. 104–208, § 671(a)(2), made technical amendment to directory language of Pub. L. 103–322, § 130003(b)(3). See 1994 Amendment note below. 1994—Par. (1). Pub. L. 103–322, § 130003(b)(3), as amend- ed by Pub. L. 104–208, § 671(a)(2), substituted ‘‘(K), or (S)’’ for ‘‘or (K)’’. 1986—Par. (4). Pub. L. 99–603 added par. (4). 1981—Pub. L. 97–116 permitted certain exchange visi- tors who are not subject to a requirement of returning to their home countries for two years, or who have had such requirement waived, to adjust to a visitor or dip- lomat status, prohibited the adjustment of non- immigrant status by fiancee or fiance nonimmigrants, and specifically precluded the change of status with re- spect to doctors who have entered the United States as exchange visitors for graduate medical training, even if they have received a waiver of the two-year foreign res- idence requirement. 1961—Pub. L. 87–256 inserted references to paragraph (15)(J) of section 1101(a) of this title in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 301(b)(2) of Pub. L. 104–208 ef- fective, 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 671(a)(2) of Pub. L. 104–208 ef- fective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) of Pub. L. 104–208, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a note under section 1101 of this title. Page 381 TITLE 8—ALIENS AND NATIONALITY § 1260 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. § 1259. Record of admission for permanent resi- dence in the case of certain aliens who en- tered the United States prior to January 1, 1972 A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attor- ney General that he is not inadmissible under section 1182(a)(3)(E) of this title or under section 1182(a) of this title insofar as it relates to crimi- nals, procurers and other immoral persons, sub- versives, violators of the narcotic laws or smug- glers of aliens, and he establishes that he— (a) entered the United States prior to Janu- ary 1, 1972; (b) has had his residence in the United States continuously since such entry; (c) is a person of good moral character; and (d) is not ineligible to citizenship and is not deportable under section 1227(a)(4)(B) of this title. (June 27, 1952, ch. 477, title II, ch. 5, § 249, 66 Stat. 219; Pub. L. 85–616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89–236, § 19, Oct. 3, 1965, 79 Stat. 920; Pub. L. 99–603, title II, § 203(a), Nov. 6, 1986, 100 Stat. 3405; Pub. L. 100–525, § 2(j), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101–649, title VI, § 603(a)(14), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104–132, title IV, § 413(e), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, § 308(g)(10)(C), Sept. 30, 1996, 110 Stat. 3009–625.) Editorial Notes AMENDMENTS 1996—Par. (d). Pub. L. 104–208 substituted ‘‘section 1227(a)(4)(B)’’ for ‘‘section 1251(a)(4)(B)’’. Pub. L. 104–132 inserted ‘‘and is not deportable under section 1251(a)(4)(B) of this title’’ after ‘‘ineligible to citizenship’’. 1990—Pub. L. 101–649 substituted ‘‘1182(a)(3)(E)’’ for ‘‘1182(a)(33)’’. 1988—Pub. L. 100–525 amended Pub. L. 99–603. See 1986 Amendment note below. 1986—Pub. L. 99–603, as amended by Pub. L. 100–525, inserted ‘‘under section 1182(a)(33) of this title or’’ in introductory provisions and substituted ‘‘January 1, 1972’’ for ‘‘June 30, 1948’’ in section heading and in par. (a). 1965—Pub. L. 89–236 substituted ‘‘June 30, 1948’’ for ‘‘June 28, 1940’’. 1958—Pub. L. 85–616 permitted record of lawful admis- sion to be made in the case of aliens who entered the United States prior to June 28, 1940, authorized the record to be made as of the date of the approval of the application for those who entered subsequent to July 1, 1924, and prior to June 28, 1940, and substituted provi- sions requiring the alien to satisfy the Attorney Gen- eral that he is not inadmissible under section 1182(a) of this title insofar as it relates to criminals, procurers and other immoral persons, subversives, violators of the narcotic laws or smugglers of aliens for provisions which required the alien to satisfy the Attorney Gen- eral that he was not subject to deportation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENTS 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. Amendment by Pub. L. 104–132 effective Apr. 24, 1996, and applicable to applications filed before, on, or after such date if final action not yet taken on them before such date, see section 413(g) of Pub. L. 104–132, set out as a note under section 1253 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–649 applicable to individ- uals 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 OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title. EFFECTIVE DATE OF 1965 AMENDMENT For effective date of amendment by Pub. L. 89–236, see section 20 of Pub. L. 89–236, set out as a note under section 1151 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. APPLICABILITY OF NUMERICAL LIMITATIONS Pub. L. 99–603, title II, § 203(c), Nov. 6, 1986, 100 Stat. 3405, provided that: ‘‘The numerical limitations of sec- tions 201 and 202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152] shall not apply to aliens pro- vided lawful permanent resident status under section 249 of that Act [8 U.S.C. 1259].’’ § 1260. Removal of aliens falling into distress The Attorney General may remove from the United States any alien who falls into distress or who needs public aid from causes arising sub- sequent to his entry, and is desirous of being so removed, to the native country of such alien, or to the country from which he came, or to the country of which he is a citizen or subject, or to any other country to which he wishes to go and which will receive him, at the expense of the ap- propriation for the enforcement of this chapter. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General. (June 27, 1952, ch. 477, title II, ch. 5, § 250, 66 Stat. 219.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat.