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The law › Title 8, Aliens and Nationality › Chapter 12

8 U.S.C. 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Created in 1958 by Public Law 85-700. Changed by 24 later laws. No bill we track in this Congress changes it.

11 other sections of the Code cite this one, including 8 U.S.C. 1101, 8 U.S.C. 1153, 8 U.S.C. 1154, 8 U.S.C. 1160, 8 U.S.C. 1184.

13 parts of federal rules cite it as their authority, written by Executive Office for Immigration Review, Department of Justice (7), Department of Homeland Security (5), Department of Homeland Security, Office of the Secretary (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–103, §102(d)(1), substituted "(3), or (5)" for "or (3)" in introductory provisions. (Consolidated Appropriations Act, 2022) Law text · (k)
    • Pub. L. 117–103, §102(d)(2), added subsec. (n). (Consolidated Appropriations Act, 2022) Law text · (n)

    2008

    • Pub. L. 110–457, §235(d)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "paragraphs (4), (5)(A), and (7)(A) of section 1182(a) of this title shall not apply, and". (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (h)
    • Pub. L. 110–457, §201(d)(1)(C)(ii), which directed amendment of subpar. (C)(ii) by striking out ", or in the case of subparagraph (C)(i), the Attorney General, as appropriate", was executed by striking out ", or in the case of subparagraph (C)(i), the Attorney General," before "may … (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l)
    • Pub. L. 110–457, §201(d)(1)(A), substituted "in the opinion of the Secretary of Homeland Security, in consultation with the Attorney General, as appropriate" for "the Attorney General,," in introductory provisions. (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l)
    • Pub. L. 110–457, §201(d)(1)(B), inserted "subject to paragraph (6)," after subpar. designation and substituted "; and" for ", and". (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l)
    • Pub. L. 110–457, §201(d)(1)(C)(i), substituted semicolon for ", or". (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l)
    • Pub. L. 110–457, §201(d)(1)(C)(iii), which directed amendment of subpar. (C) by substituting "; or" for period at end and adding cl. (iii), was executed by making the substitution for comma at end of cl. (ii) and adding cl. (iii), to reflect the probable intent of Cong… (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l), (iii)
    • Pub. L. 110–457, §201(d)(2), substituted ", unless—" for period at end and added subpars. (A) and (B). (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l)
    • Pub. L. 110–457, §201(d)(3), added pars. (6) and (7). (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (l), (7)
    • Pub. L. 110–457, §201(e)(1), substituted "unless the Secretary" for "unless the Attorney General" in introductory provisions. (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (m)
    • Pub. L. 110–457, §201(e)(2), added par. (5). (William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008) Law text · (m)

    2006

    • Pub. L. 109–271, §6(f)(1), substituted "as a VAWA self-petitioner" for "under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or". (Violence Against Women Reauthorization Act of 2005) Law text · (a)
    • Pub. L. 109–271, §6(f)(2), substituted "as a VAWA self-petitioner" for "under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title". (Violence Against Women Reauthorization Act of 2005) Law text · (c)
    • Pub. L. 109–162, §803(a)(1)(A), substituted "Secretary of Homeland Security, or in the case of subparagraph (C)(i), the Attorney General," for "Attorney General" in two places. (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (l)
    • L. 109–162, §803(a)(1)(B), inserted at end "or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and that, in the opinion of the Attorney General, the investigation or prosecution is comple… (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (l)
    • Pub. L. 109–162, §803(a)(2), substituted "Secretary of Homeland Security" for "Attorney General" in two places. (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (l)
    • Pub. L. 109–162, §803(a)(3), substituted "Secretary of Homeland Security" for "Attorney General". (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (l)
    • Pub. L. 109–162, §803(b)(1)(A), substituted "Secretary of Homeland Security may adjust" for "Attorney General may adjust" in introductory provisions. (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (m)
    • Pub. L. 109–162, §803(b)(1)(B), substituted "Secretary of Homeland Security" for "Attorney General". (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (m)
    • Pub. L. 109–162, §803(b)(2), substituted "Secretary of Homeland Security may adjust" for "Attorney General may adjust" and "Secretary considers" for "Attorney General considers". (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (m)
    • Pub. L. 109–162, §803(b)(3), substituted "Secretary of Homeland Security" for "Attorney General". (Violence Against Women and Department of Justice Reauthorization Act of 2005) Law text · (m)

    2003

    • Pub. L. 108–193, §8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m). (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l)
    • Pub. L. 108–193, §4(b)(3)(A), in concluding provisions, substituted "admitted under section 1101(a)(15)(T)(ii) of this title" for "admitted under that section" and inserted "sibling," after "parent,". (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l)
    • Pub. L. 108–193, §8(a)(4)(A), redesignated par. (2), relating to alien's maintenance of continuous physical presence, as (3). (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l)
    • Pub. L. 108–193, §8(a)(4)(A), redesignated par. (2), relating to alien's maintenance of continuous physical presence, as (3). Former par. (3) redesignated (4). (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l)
    • Pub. L. 108–193, §4(b)(3)(B), inserted "siblings," after "daughters,". (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l)
    • Pub. L. 108–193, §8(a)(4)(A), redesignated pars. (3) and (4) as (4) and (5), respectively. (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (l), (5)
    • Pub. L. 108–193, §8(a)(4)(B), redesignated subsec. (l), relating to adjustment of status for victims of crimes against women, as (m). (Trafficking Victims Protection Reauthorization Act of 2003) Law text · (m)

    2000

    • Pub. L. 106–386, §1506(a)(1)(A), which directed the insertion of "or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title or" after "into the United States.", was exec… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (a)
    • Pub. L. 106–386, §1506(a)(1)(B), substituted "Other than an alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section 1154(a)(1) of this title, subsection (a) shall not be applicable to" for "Sub… (Victims of Trafficking and Violence Protection Act of 2000) Law text · (c)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(b)(2)], struck out "or (m)" after "under subsection (a)" in two places. (Consolidated Appropriations Act, 2001) Law text · (d)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1103(c)(3)(A)], struck out "(relating to an alien fiancee or fiance or the minor child of such alien)" before "except to that of an alien". (District of Columbia Appropriations Act, 2001) Law text · (d)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1102(d)(2)(A)], substituted "under subsection (a) or (m)," for "under subsection (a)," in two places. (District of Columbia Appropriations Act, 2001) Law text · (d)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(b)(2)], struck out "or (m)" after "under subsection (a)". (Consolidated Appropriations Act, 2001) Law text · (e)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1102(d)(2)(B)], substituted "subsection (a) or (m)" for "subsection (a)". (District of Columbia Appropriations Act, 2001) Law text · (e)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1103(c)(3)(B)], substituted "section 1154(a) of this title or subsection (d) or (p) of section 1184 of this title" for "section 1154(a) or 1184(d) of this title". (District of Columbia Appropriations Act, 2001) Law text · (e)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(b)(2)], struck out "or (m)" after "under subsection (a)". (Consolidated Appropriations Act, 2001) Law text · (f)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1102(d)(2)(A)], substituted "under subsection (a) or (m)," for "under subsection (a),". (District of Columbia Appropriations Act, 2001) Law text · (f)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(a)(1)(B)], substituted "April 30, 2001" for "January 14, 1998". (Consolidated Appropriations Act, 2001) Law text · (i)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(a)(1)(A), (C), (D)], added subpar. (C). (Consolidated Appropriations Act, 2001) Law text · (i)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(a)(2)], inserted before period at end ", except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in p… (Consolidated Appropriations Act, 2001) Law text · (i)
    • Pub. L. 106–386, §1513(f), added subsec. (l) relating to adjustment of status for victims of crimes against women. (Victims of Trafficking and Violence Protection Act of 2000) Law text · (l)
    • Pub. L. 106–386, §107(f), added subsec. (l) relating to adjustment of status for victims of trafficking. (Victims of Trafficking and Violence Protection Act of 2000) Law text · (l)
    • Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502(b)(1)], struck out subsec. (m), which related to adjustment of status of nonimmigrant described in section 1101(a)(15)(V) of this title who was determined to have been physically present in the United States at any time during period b… (Consolidated Appropriations Act, 2001) Law text · (m)
    • Pub. L. 106–553, §1(a)(2) [title XI, §1102(c)], added subsec. (m). (District of Columbia Appropriations Act, 2001) Law text · (m)

    1997

    • Pub. L. 105–119, §111(c)(1), substituted "(2) subject to subsection (k), an alien (other than" for "(2) an alien (other than". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (c)
    • Pub. L. 105–119, §111(a), substituted first sentence for prior first sentence which read as follows: "Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who— (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (i)
    • Pub. L. 105–119, §110(3), substituted "Breached Bond/Detention Fund established under section 1356(r) of this title" for "Immigration Detention Account established under section 1356(s) of this title". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (i)
    • Pub. L. 105–119, §111(c)(2), added subsec. (k). (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (k)

    1996

    • Pub. L. 104–208, §308(g)(10)(B), substituted "section 1227(a)(4)(B)" for "section 1251(a)(4)(B)". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c)
    • Pub. L. 104–132 added cl. (6). (Antiterrorism and Effective Death Penalty Act of 1996) Law text · (c)
    • Pub. L. 104–208, §375, added cls. (7) and (8). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (c), (8)
    • Pub. L. 104–208, §308(f)(2)(C), substituted "be admitted" for "enter". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (e)
    • Pub. L. 104–208, §308(f)(1)(O), substituted "admission" for "entry". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (e)
    • Pub. L. 104–208, §671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resident status, as (j). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (i)
    • Pub. L. 104–208, §376(a)(1), substituted "$1,000" for "five times the fee required for the processing of applications under this section". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (i)
    • Pub. L. 104–208, §376(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sections 1356(m), (n), and … (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (i)
    • Pub. L. 104–208, §671(a)(4)(A), redesignated subsec. (i), relating to adjustment to permanent resident status, as (j). (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (j)
    • Pub. L. 104–208, §671(a)(5), substituted "paragraph (1) or (2)" for "paragraphs (1) or (2)". (Magnuson-Stevens Fishery Conservation and Management Act) Law text · (j)

    1994

    • Pub. L. 103–322, §130003(c)(2), added cl. (5). · (c)
    • Pub. L. 103–416 substituted "and (3)(E)" for "or (3)(E)". · (h)
    • Pub. L. 103–322, §130003(c)(1), added subsec. (i) relating to adjustment to permanent resident status. · (i)
    • Pub. L. 103–317, §506(b), added subsec. (i) relating to adjustment in status of certain aliens physically present in United States. · (i)

    1991

    • Pub. L. 102–232, §302(e)(7), substituted "sections 1152 and 1153" for "sections 1151(a)" and "for the fiscal year then current" for "for the succeeding fiscal year". · (b)
    • Pub. L. 102–232, §302(d)(2)(A), inserted "(J)," after "(I),". · (c)
    • Pub. L. 102–110, §2(c)(1), substituted ", (I), or (K)" for "or (I)". · (c)
    • Pub. L. 102–232, §308(a), substituted "section 1154(g)" for "section 1154(h)". · (e)
    • Pub. L. 102–110, §2(c)(2), added subsec. (g). · (g)
    • Pub. L. 102–232, §302(d)(2)(B), added subsec. (h). · (h)

    1990

    • Pub. L. 101–649, §162(e)(3), struck out "or nonpreference" after "number of the preference" and substituted "1151(a)" for "1152(e) or 1153(a)" and "succeeding fiscal year" for "fiscal year then current". · (b)
    • Pub. L. 101–649, §702(a)(1), substituted "Except as provided in paragraph (3), an alien" for "An alien". · (e)
    • Pub. L. 101–649, §702(a)(2), added par. (3). · (e)
    • Pub. L. 101–649, §121(b)(4), added subsec. (f). · (f)

    1988

    • Pub. L. 100–525, §2(f)(1), substituted "1101(a)(27)(H) or (I)" for "1101(a)(27)(H)", inserted "or" after "no fault of his own", and substituted "in unlawful" for "not in legal" and "lawful status" for "legal status". · (c)
    • Pub. L. 100–525, §2(p)(3), made technical correction to Pub. L. 99–603, §313(c). See 1986 Amendment note below. · (c)
    • Pub. L. 100–525, §7(b), amended Pub. L. 99–639, §3(b). See 1986 Amendment note below. · (d)

    1986

    • Pub. L. 99–639, §5(a)(1), substituted "Subsection (a) of this section" for "The provisions of this section". · (c)
    • Pub. L. 99–603, §117, inserted "or who is not in legal immigration status on the date of filing the application for adjustment or who has failed (other than through no fault of his own for technical reasons) to maintain continuously a legal status since entry into the United States". · (c)
    • Pub. L. 99–603, §313(c), as amended by Pub. L. 100–525, §2(p)(3), added cl. (4). · (c)
    • Pub. L. 99–639, §3(b), as amended by Pub. L. 100–525, §7(b), inserted "The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 1101(a)(15)(K) of this title (relating to an alien fiancee or fiance or the minor child of such alie… · (d)
    • Pub. L. 99–639, §2(e), added subsec. (d). · (d)
    • Pub. L. 99–639, §5(a)(2), added subsec. (e). · (e)

    1981

    • Pub. L. 97–116 inserted "or a special immigrant described in section 1101(a)(27)(H) of this title" after "section 1151(b) of this title". · (c)

    1976

    • Pub. L. 94–571 struck out ", other than alien crewman," after "status of an alien" and substituted "filed" for "approved". · (a)
    • Pub. L. 94–571 inserted reference to section 1152(e) of this title and struck out comma after "chargeable". · (b)
    • Pub. L. 94–571 substituted provision making the section inapplicable to alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa for provision making the section inapplicable to natives of contiguous country or adjacent island. · (c)

    1965

    • Pub. L. 89–236, §13(a), struck out reference to quota area to which the alien is chargeable under section 1152 of this title and substituted reference to number of preference or nonpreference visas authorized to be issued under section 1153(a) of this title within the class to which th… · (b)
    • Pub. L. 89–236, §13(b), substituted "any country of the Western Hemisphere" for "any country contiguous to the United States". · (c)

    1960

    • Pub. L. 86–648 substituted "alien, other than an alien crewman, who was inspected and admitted or paroled into the United States" for "alien who was admitted to the United States as a bona fide nonimmigrant", struck out former cl. (3) which read "an immigrant visa was immediately avail… · (a)

    1958

    • Pub. L. 85–700 among other changes, substituted provisions allowing adjustment of status of alien who was admitted as a bona fide nonimmigrant to that of an alien lawfully admitted for permanent residence, for provisions allowing adjustment of status of alien who was lawfully admitted as a bona fid…

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.