Lawful residence
In general
Application period
The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after .
Performance of seasonal agricultural services and residence in the United States
Admissible as immigrant
The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2).
Adjustment to permanent residence
Group 1
Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on , 1985, and 1986, the adjustment shall occur on the first day after the end of the one-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
Group 2
In the case of aliens to which subparagraph (A) does not apply, the adjustment shall occur on the day after the last day of the two-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
Numerical limitation
Subparagraph (A) shall not apply to more than 350,000 aliens. If more than 350,000 aliens meet the requirements of such subparagraph, such subparagraph shall apply to the 350,000 aliens whose applications for adjustment were first filed under paragraph (1) and subparagraph (B) shall apply to the remaining aliens.
Termination of temporary residence
Authorized travel and employment during temporary residence
During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an “employment authorized” endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence.
In general
section 1101(a)(20) of this titleExcept as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under paragraph (1), such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in ), other than under any provision of the immigration laws.
Applications for adjustment of status
To whom may be made
Within the United States
Outside the United States
The Attorney General, in cooperation with the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) at an appropriate consular office outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the United States and to have the alien’s status adjusted upon entry as may be necessary to carry out the provisions of this section.
Designation of entities to receive applications
Proof of eligibility
In general
An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name.
Documentation of work history
Treatment of applications by designated entities
Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
Limitation on access to information
Files and records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to paragraph (6) of this subsection.
Confidentiality of information
In general
Required disclosures
The Attorney General shall provide information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, when such information is requested in writing by such entity, or to an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).
Construction
In general
Nothing in this paragraph shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Service pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source.
Criminal convictions
Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.
Crime
Whoever knowingly uses, publishes, or permits information to be examined in violation of this paragraph shall be fined not more than $10,000.
Penalties for false statements in applications
Criminal penalty
Exclusion
section 1182(a)(6)(C)(i) of this titleAn alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in .
Waiver of numerical limitations and certain grounds for exclusion
Numerical limitations do not apply
The numerical limitations of sections 1151 and 1152 of this title shall not apply to the adjustment of aliens to lawful permanent resident status under this section.
Waiver of grounds for exclusion
Grounds of exclusion not applicable
section 1182(a) of this titleThe provisions of paragraphs (5) and (7)(A) of shall not apply.
Waiver of other grounds
In general
section 1182(a) of this titleExcept as provided in clause (ii), the Attorney General may waive any other provision of in the case of individual aliens for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
Grounds that may not be waived
Special rule for determination of public charge
section 1182(a)(4) of this titleAn alien is not ineligible for adjustment of status under this section due to being inadmissible under if the alien demonstrates a history of employment in the United States evidencing self-support without reliance on public cash assistance.
Temporary stay of exclusion or deportation and work authorization for certain applicants
Before application period
During application period
Use of application fees to offset program costs
Administrative and judicial review
Administrative and judicial review
There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
Administrative review
Single level of administrative appellate review
The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.
Standard for review
Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
Judicial review
Limitation to review of exclusion or deportation
section 1105a of this titleThere shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under (as in effect before ).
Standard for judicial review
Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children
42 U.S.C. 601section 1255a(h) of this titlesection 1255a(h)(3) of this titleDuring the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a), and notwithstanding any other provision of law, the alien is not eligible for assistance under a State program funded under part A of title IV of the Social Security Act [ et seq.]. Notwithstanding the previous sentence, in the case of an alien who would be eligible for assistance under a State program funded under part A of title IV of the Social Security Act but for the previous sentence, the provisions of paragraph (3) of shall apply in the same manner as they apply with respect to paragraph (1) of such section and, for this purpose, any reference in to paragraph (1) is deemed a reference to the previous sentence.
Treatment of special agricultural workers
section 1101(a)(20) of this titleFor all purposes (subject to subsections (a)(5) and (f)) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence (within the meaning of ).
“Seasonal agricultural services” defined
In this section, the term “seasonal agricultural services” means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture.
June 27, 1952, ch. 477Pub. L. 99–603, title III, § 302(a)(1)100 Stat. 3417Pub. L. 100–202, § 101(a) [title II, § 211]101 Stat. 1329Pub. L. 100–525, § 2(m)102 Stat. 2613Pub. L. 101–238, § 4103 Stat. 2103Pub. L. 101–649, title VI, § 603(a)(5)104 Stat. 5082Pub. L. 102–232, title III105 Stat. 1756Pub. L. 103–416, title II, § 219(d)108 Stat. 4316Pub. L. 104–132, title IV, § 431(b)110 Stat. 1273Pub. L. 104–193, title I, § 110(s)(1)110 Stat. 2175Pub. L. 104–208, div. C, title III110 Stat. 3009–622(, title II, ch. 1, § 210, as added , , ; amended , , , 1329–18; , , ; , , ; , , ; , §§ 307(j), 309(b)(6), , , 1758; , (z)(7), , , 4318; , , ; , , ; , §§ 308(g)(2)(B), 384(d)(1), title VI, § 623(b), , , 3009–653, 3009–697.)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsecs. (a)(3)(A) and (d)(3)(A), 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.
Public Law 89–732Pub. L. 89–73280 Stat. 1161section 1255 of this title, referred to in subsec. (b)(2)(B), is , , , which is set out as a note under .
Public Law 95–145Pub. L. 95–14591 Stat. 1223Pub. L. 95–145section 1255 of this titlePub. L. 95–145Pub. L. 94–23section 2601 of Title 22Pub. L. 96–212, title III, § 312(c)94 Stat. 117, referred to in subsec. (b)(2)(B), is , , . Title I of is set out as a note under . Title II of amended , which was set out as a note under , Foreign Relations and Intercourse, and was repealed by , , .
Section 1105a of this titlePub. L. 104–208, div. C, title III, § 306(b)110 Stat. 3009–612, referred to in subsec. (e)(3)(A), was repealed by , , .
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (f), is , . Part A of title IV of the Social Security Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see and Tables.
Amendments
Pub. L. 104–132, § 431(b)(1)1996—Subsec. (b)(5). , inserted before period at end “, except as allowed by a court order issued pursuant to paragraph (6) of this subsection”.
Pub. L. 104–208, § 623(b)Subsec. (b)(6). , amended par. (6) generally, substituting subpars. (A) to (D) for former subpars. (A) to (C) and introductory and concluding provisions, relating to confidentiality of information.
Pub. L. 104–208, § 384(d)(1), substituted “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more than $5,000 for each violation.” for “Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both.” in concluding provisions.
Pub. L. 104–132, § 431(b)(2), inserted before “Anyone who uses” in concluding provisions “Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.”
Pub. L. 104–208, § 308(g)(2)(B)section 1105a of this titleSubsec. (e)(3)(A). , inserted “(as in effect before )” after “”.
Pub. L. 104–193Subsec. (f). substituted “assistance under a State program funded under” for “aid under a State plan approved under” in two places.
Pub. L. 103–416, § 219(d)1994—Subsec. (d)(3). , inserted “the” before first reference to “Service” in introductory provisions.
Pub. L. 103–416, § 219(z)(7)Pub. L. 102–232, § 309(b)(6)(F)Subsec. (d)(3)(B). , made technical correction to . See 1991 Amendment note below.
Pub. L. 102–232, § 307(j)1991—Subsec. (b)(7)(B). , substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(19)”.
Pub. L. 102–232, § 309(b)(6)(A)Subsec. (d)(3). –(C), realigned margins of par. (3) and its subparagraphs, and in introductory provisions substituted “Service” for “the Immigration and Naturalization Service (INS)” and “Service” for “INS” in two places.
Pub. L. 102–232, § 309(b)(6)(D)Subsec. (d)(3)(A). , (E), substituted “period described in” for “period as defined in” and “Service” for “INS”, and made technical amendment to reference to this chapter involving corresponding provision of original act.
Pub. L. 102–232, § 309(b)(6)(F)Pub. L. 103–416, § 219(z)(7)Subsec. (d)(3)(B). , as amended by , substituted “described in subsection (a)(1)(A)” for “as defined in subsection (a)(B)(1)(B)”.
Pub. L. 102–232, § 309(b)(6)(G), made technical amendment to reference to subsection (b)(1)(A) of this section involving corresponding provision of original act.
Pub. L. 101–649, § 603(a)(5)(A)1990—Subsec. (a)(3)(B)(i). , substituted “1182(a)(6)(C)(i)” for “1182(a)(19)”.
Pub. L. 101–649, § 603(a)(5)(B)Subsec. (c)(2)(A). , substituted “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”.
Pub. L. 101–649, § 603(a)(5)(C)Subsec. (c)(2)(B)(ii)(I). , substituted “Paragraphs (2)(A) and (2)(B)” for “Paragraph (9) and (10)”.
Pub. L. 101–649, § 603(a)(5)(D)Subsec. (c)(2)(B)(ii)(II). , substituted “(4)” for “(15)”.
Pub. L. 101–649, § 603(a)(5)(E)Subsec. (c)(2)(B)(ii)(III). , substituted “(2)(C)” for “(23)”.
Pub. L. 101–649, § 603(a)(5)(F)Subsec. (c)(2)(B)(ii)(IV). , substituted “Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof” for “Paragraphs (27), (28), and (29) (relating to national security and members of certain organizations)”.
Pub. L. 101–649, § 603(a)(5)(G)Subsec. (c)(2)(B)(ii)(V). , struck out subcl. (V) which referred to par. (33).
Pub. L. 101–649, § 603(a)(5)(H)Subsec. (c)(2)(C). , substituted “1182(a)(4)” for “1182(a)(15)”.
Pub. L. 101–238, § 4(a)1989—Subsec. (a)(3). , designated existing provisions as subpar. (A) and added subpar. (B).
Pub. L. 101–238, § 4(b)Subsec. (b)(6)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (7),”.
Pub. L. 100–5251988—Subsec. (g). substituted “subsections (a)(5) and (f)” for “subsections (b)(3) and (f)”.
Pub. L. 100–2021987—Subsec. (d)(3). added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendments
section 308(g)(2)(B) of Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by 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 .
Pub. L. 104–208, div. C, title III, § 384(d)(2)110 Stat. 3009–653
Pub. L. 104–193section 116 of Pub. L. 104–193section 601 of Title 42Amendment by effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see , as amended, set out as an Effective Date note under , The Public Health and Welfare.
Effective Date of 1994 Amendment
Pub. L. 103–416, title II, § 219(z)108 Stat. 4318Pub. L. 102–232, , , provided that the amendment made by subsec. (z)(7) of that section is effective as if included in the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, .
section 219(d) of Pub. L. 103–416Pub. L. 101–649section 219(dd) of Pub. L. 103–416section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .
Effective Date of 1991 Amendment
Pub. L. 102–232, title III, § 307(j)105 Stat. 1756Pub. L. 101–649, , , provided that the amendment made by section 307(j) is effective as if included in section 603(a)(5) of the Immigration Act of 1990, .
Effective Date of 1990 Amendment
Pub. L. 101–649section 601(e)(2) of Pub. L. 101–649section 1101 of this titleAmendment by applicable to applications for adjustment of status made on or after , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–525Pub. L. 99–603section 2(s) of Pub. L. 100–525section 1101 of this titleAmendment by effective as if included in enactment of Immigration Reform and Control Act of 1986, , see , set out as a 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 .
Commission on Agricultural Workers
Pub. L. 99–603, title III, § 304100 Stat. 3431Pub. L. 101–649, title VII, § 704104 Stat. 5086Pub. L. 102–232, title III, § 308(c)105 Stat. 1757, , , as amended by , , ; , , , established Commission on Agricultural Workers to evaluate special agricultural worker provisions and labor markets in agricultural industry, required Commission to report to Congress not later than six years after , on its reviews, and provided that Commission terminate at the end of the 75-month period beginning with the month after November 1986.