8 U.S.C. § 1256 | Rescission of adjustment of status; effect upon naturalized citizen

(a)

section 1229a of this title If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under , and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.

(b)

section 1451 of this title Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.

June 27, 1952, ch. 477 66 Stat. 217 Pub. L. 103–416, title II, § 219(m)Oct. 25, 1994108 Stat. 4317 Pub. L. 104–208, div. C, title IIISept. 30, 1996110 Stat. 3009–619(, title II, ch. 5, § 246, ; , , ; , §§ 308(e)(1)(H), 378(a), , , 3009–649.)

Editorial Notes

References in Text

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThis chapter, referred to in subsec. (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.

Amendments

Pub. L. 104–208, § 378(a)section 1229a of this title1996—Subsec. (a). , inserted at end “Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under , and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.”

Pub. L. 104–208, § 308(e)(1)(H), substituted “removal” for “deportation”.

Pub. L. 103–416 section 1254 of this titleFebruary 5, 19171994—Subsec. (a). struck out first three sentences which read as follows: “If, at any time within five years after the status of a person has been adjusted under the provisions of or under section 19(c) of the Immigration Act of , to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case. Such reports shall be submitted on the first and fifteenth day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution withdrawing suspension of deportation, the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made.”

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

section 308(e)(1)(H) of Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 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, § 378(b)Sept. 30, 1996110 Stat. 3009–649

section 1101 of this title“The amendment made by subsection (a) [amending this section] shall take effect on the title III–A effective date (as defined in section 309(a) of this division [set out as a note under ]).”

, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–416, title II, § 219(m)Oct. 25, 1994108 Stat. 4317Oct. 25, 1994, , , provided that the amendment made by section 219(m) is effective as of .

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 .

References to Order of Removal Deemed To Include Order of Exclusion and Deportation

section 309(d)(2) of Pub. L. 104–208 section 1101 of this titleFor purposes of carrying out this chapter, any reference in law to an order of removal is deemed to include a reference to an order of exclusion and deportation or an order of deportation, see , set out in an Effective Date of 1996 Amendments note under .