US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1159

Adjustment of status of refugees

(a)

Inspection and examination by Department of Homeland Security

(1)
section 1157 of this title Any alien who has been admitted to the United States under —
(A)
whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or 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 Department of Homeland Security 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)) 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)

Requirements for adjustment

The Secretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney General may prescribe, may 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)
section 1101(a)(42)(A) of this title continues to be a refugee within the meaning of 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)) 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 Secretary of Homeland Security or 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)

Coordination with section 1182

section 1182(a) of this titleThe provisions of paragraphs (4), (5), and (7)(A) of shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or 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.

June 27, 1952, ch. 477Pub. L. 96–212, title II, § 201(b)94 Stat. 105Pub. L. 101–649, title I, § 104(a)(1)104 Stat. 4985Pub. L. 102–232, title III, § 307l105 Stat. 1756Pub. L. 104–208, div. C, title III110 Stat. 3009–622Pub. L. 109–13, div. B, title I, § 101(g)(1)119 Stat. 305(, title II, ch. 1, § 209, as added , , ; amended , title VI, § 603(a)(4), , , 5082; ()(1), , ; , §§ 308(g)(3)(A), (4)(A), 371(b)(2), , , 3009–645; , , .)

Editorial Notes

References in Text

act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsecs. (a)(2) and (b)(5), was in the original, “this Act”, meaning , , 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 and Tables.

Amendments

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

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

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

Pub. L. 109–13, § 101(g)(1)(B)(i)section 1157(a) of this title, added introductory provisions and struck out former introductory provisions which read as follows: “Not more than 10,000 of the refugee admissions authorized under 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—”.

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

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

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

Pub. L. 102–2321991—Subsec. (c). substituted “subparagraph (A)” for “subparagraphs (A)”.

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

Pub. L. 101–649, § 603(a)(4)Subsec. (c). , 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

Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by section 308(g)(3)(A), (4)(A) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

section 371(b)(2) of Pub. L. 104–208section 371(d)(1) of Pub. L. 104–208section 1101 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 307l105 Stat. 1756lPub. L. 101–649(), , , provided that the amendment made by section 307() is effective as if included in section 603(a) of the Immigration Act of 1990, .

Effective Date of 1990 Amendment

Pub. L. 101–649, title I, § 104(a)(2)104 Stat. 4985

8 U.S.C. 1157“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 [] for fiscal year 1991 in order to make such amendment effective for such fiscal year.”
, , , provided that:

section 603(a)(4) of Pub. L. 101–649section 601(e)(1) of Pub. L. 101–649section 1101 of this titleAmendment by applicable to individuals entering United States on or after , see , set out as a note under .

Effective Date

section 204 of Pub. L. 96–212section 1101 of this titleSection effective, except as otherwise provided, , and applicable to fiscal years beginning with the fiscal year beginning , see , set out as an Effective Date of 1980 Amendment note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .

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

Pub. L. 101–649, title I, § 104(c)104 Stat. 4985Pub. L. 104–208, div. C, title VI, § 604(b)(2)110 Stat. 3009–694

“(c)

Waiver of Numerical Limitation for Certain Current Asylees .—

8 U.S.C. 1159(b)The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act [] 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 .
“(d)

Adjustment of Certain Former Asylees.—

“(1)

In general .—

8 U.S.C. 1159(b)Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act [] shall also apply to an alien—
“(A)
8 U.S.C. 1158 who was granted asylum before the date of the enactment of this Act [] (regardless of whether or not such asylum has been terminated under section 208 of the Immigration and Nationality Act []),
“(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 .—

8 U.S.C. 1152(a)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 [] and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.”
, (d), , , as amended by , , , provided that:

Pub. L. 101–649section 161(b) of Pub. L. 101–649section 1101 of this title[Section 104(c), (d) of effective , and (unless otherwise provided) applicable to fiscal year 1991, see , set out as an Effective Date of 1990 Amendment note under .]