8 USC 1255 - Adjustment of status of certain entrants before

1 So in original.

Carl D. Perkins Career and Technical Education Act of 2006 [

2 So in original. Probably should be “(Public Law 96–422)”.

[

Editorial Notes

References in Text

The Military Selective Service Act, referred to in subsec. (a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.

Public Law 96–422, referred to in subsecs. (a) and (h)(2)(A), (5), is Puspan. L. 96–422, Oct. 10, 1980, 94 Stat. 1799, which is known as the Refugee Education Assistance Act of 1980, and is set out as a note under section 1522 of this title.

Public Law 89–732, referred to in subsec. (c)(2)(B), is Puspan. L. 89–732, Nov. 2, 1966, 80 Stat. 1161, which is set out as a note under section 1255 of this title.

Public Law 95–145, referred to in subsec. (c)(2)(B), is Puspan. L. 95–145, Oct. 28, 1977, 91 Stat. 1223. Title I of Puspan. L. 95–145 is set out as a note under section 1255 of this title. Title II of Puspan. L. 95–145 amended Puspan. L. 94–23, which was set out as a note under section 2601 of Title 22, Foreign Relations and Intercourse, and was repealed by Puspan. L. 96–212, title III, § 312(c), Mar. 17, 1980, 94 Stat. 117.

Section 404 of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(5)(A)(i), is section 404 of Puspan. L. 99–603 which is set out as a note below.

Section 1105a of this title, referred to in subsec. (f)(4)(A), was repealed by Puspan. L. 104–208, div. C, title III, § 306(span), Sept. 30, 1996, 110 Stat. 3009–612.

The Social Security Act, referred to in subsec. (h)(1)(A), (2)(B), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Parts A, B, D, and E of title IV of the Social Security Act are classified generally to parts A (§ 601 et seq.), B (§ 620 et seq.), D (§ 651 et seq.), and E (§ 670 et seq.), respectively, of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Titles I, V, X, XIV, XVI, XIX, and XX of the Social Security Act are classified generally to subchapters I (§ 301 et seq.), V (§ 701 et seq.), X (§ 1201 et seq.), XIV (§ 1351 et seq.), XVI (§ 1381 et seq.), XIX (§ 1396 et seq.), and XX (§ 1397 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Section 301 of the Social Security Amendments of 1972, referred to in subsec. (h)(4)(I), is section 301 of Puspan. L. 92–603, title III, Oct. 30, 1972, 86 Stat. 1465, which enacted sections 1381 to 1382e and 1383 to 1383c of Title 42.

The Food and Nutrition Act of 2008, referred to in subsec. (h)(1)(A)(iii), is Puspan. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

The Richard B. Russell National School Lunch Act, referred to in subsec. (h)(4)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.

The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B), is Puspan. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables.

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (h)(4)(C), is Puspan. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Puspan. L. 109–270, § 1(span), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Elementary and Secondary Education Act of 1965, referred to in subsec. (h)(4)(D), is Puspan. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 6301 et seq.) of chapter 70 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.

The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E), is title V of Puspan. L. 88–452, Aug. 20, 1964, 78 Stat. 527, which was classified generally to subchapter V (§ 2921 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to repeal by Puspan. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.

The Workforce Innovation and Opportunity Act, referred to in subsec. (h)(4)(F), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), is Puspan. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

The Public Health Service Act, referred to in subsec. (h)(4)(H), is act July 1, 1944, ch. 373, 58 Stat. 682, which is classified generally to chapter 6A (§ 201 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Prior Provisions

A prior section 1255a, Puspan. L. 85–316, § 9, Sept. 11, 1957, 71 Stat. 641, provided for adjustment of status of certain resident aliens to that of a person admitted for permanent residence, the recording by Attorney General of alien’s lawful admission for permanent residence, and for granting of nonquota status to spouse and children, prior to repeal, eff. 180 days after Sept. 26, 1961, by Puspan. L. 87–301, § 24(a)(5), (span), Sept. 26, 1961, 75 Stat. 657.

Amendments

2014—Subsec. (h)(4)(F). Puspan. L. 113–128 substituted “Title I of the Workforce Innovation and Opportunity Act” for “Title I of the Workforce Investment Act of 1998”.

2008—Subsec. (h)(1)(A)(iii). Puspan. L. 110–246, § 4002(span)(1)(B), (2)(J), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

2006—Subsec. (h)(4)(C). Puspan. L. 109–270 substituted “The Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.

1999—Subsec. (h)(4)(A). Puspan. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

1998—Subsec. (h)(4)(C). Puspan. L. 105–332 substituted “Carl D. Perkins Vocational and Technical Education Act of 1998” for “Vocational Education Act of 1963”.

Subsec. (h)(4)(F). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(4)], substituted “Title I” for “The Jospan Training Partnership Act or title I”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(4)], substituted “The Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998.” for “The Jospan Training Partnership Act.”

1996—Subsec. (a)(1)(B). Puspan. L. 104–208, § 308(g)(5)(A)(iii), inserted “(as in effect before October 1, 1996)” after “section 1252 of this title”.

Subsec. (c)(5). Puspan. L. 104–208, § 623(a), amended span and text of par. (5) generally, substituting subpars. (A) to (E) for former par. consisting of introductory and concluding provisions and subpars. (A) to (C), relating to confidentiality of information.

Puspan. 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.

Puspan. L. 104–132, § 431(a)(2), which directed the insertion of “and” and cl. (ii) after “Title 13”, was executed by making the insertion after “title 13” in concluding provisions to reflect the probable intent of Congress. Cl. (ii) read as follows: “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—

“(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or

“(II) for criminal law enforcement purposes against the alien whose application is to be disclosed.”

Puspan. L. 104–132, § 431(a)(1), which directed amendment by inserting “(i)” after “except the Attorney General”, was executed by making the insertion after “except that the Attorney General” in concluding provisions to reflect the probable intent of Congress.

Subsec. (f)(4)(A). Puspan. L. 104–208, § 308(g)(2)(B), inserted “(as in effect before October 1, 1996)” after “section 1105a of this title”.

Subsec. (f)(4)(C). Puspan. L. 104–208, § 377(a), added subpar. (C).

Subsec. (h)(1)(A)(i). Puspan. L. 104–193, § 110(s)(2)(A), substituted “State program of assistance” for “program of aid to families with dependent children”.

Subsec. (h)(2)(B). Puspan. L. 104–193, § 110(s)(2)(B), substituted “assistance under a State program funded under part A of title IV of the Social Security Act” for “aid to families with dependent children”.

1994—Subsec. (span)(1)(D)(i)(I), (iii). Puspan. L. 103–416, § 108(span), substituted “1423(a)” for “1423”.

Subsec. (c)(7)(C). Puspan. L. 103–416, § 219(l)(1), realigned margins and substituted “subparagraph (B)” for “subsection (B)”.

Subsec. (h)(4)(D). Puspan. L. 103–382 amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “Chapter 1 of the Education Consolidation and Improvement Act of 1981.”

1991—Subsec. (c)(7)(C). Puspan. L. 102–140, which directed the addition “after subsection (B)” of “a new subsection” (C), was executed by adding subpar. (C) after subpar. (B) to reflect the probable intent of Congress.

Subsec. (d)(2)(B)(ii). Puspan. L. 102–232, substituted “Subclause (IV)” for “Subclause (II)” in last sentence, added subcl. (III), redesignated former subcl. (III) as (II) and former subcl. (II) as (IV), and struck out former subcl. (IV) which read as follows: “Paragraphs (3) (relating to security and related grounds), other than subparagraph (E) thereof.”

1990—Subsec. (span)(1)(A). Puspan. L. 101–649, § 703(a)(1), substituted “2-year period” for “one-year period”.

Subsec. (span)(2)(C). Puspan. L. 101–649, § 703(a)(2), substituted “43rd” for “thirty-first”.

Subsec. (c)(7)(A). Puspan. L. 101–649, § 703(span), inserted at end “The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (span)(1) of this section after the end of the first year of the 2-year period described in subsection (span)(1)(A) of this section.”

Subsec. (d)(2)(A). Puspan. L. 101–649, § 603(a)(13)(A), substituted “(5) and (7)(A)” for “(14), (20), (21), (25), and (32)”.

Subsec. (d)(2)(B)(ii). Puspan. L. 101–649, § 603(a)(13)(G), substituted “1182(a)(4)” for “1182(a)(15)” in last sentence.

Subsec. (d)(2)(B)(ii)(I). Puspan. L. 101–649, § 603(a)(13)(B), substituted “Paragraphs (2)(A) and (2)(B)” for “Paragraphs (9) and (10)”.

Subsec. (d)(2)(B)(ii)(II). Puspan. L. 101–649, § 603(a)(13)(C), substituted “(4)” for “(15)”.

Subsec. (d)(2)(B)(ii)(III). Puspan. L. 101–649, § 603(a)(13)(D), substituted “(2)(C)” for “(23)”.

Subsec. (d)(2)(B)(ii)(IV). Puspan. L. 101–649, § 603(a)(13)(E), substituted “(3) (relating to security and related grounds), other than subparagraph (E) thereof” for “(27), (28), and (29) (relating to national security and members of certain organizations)”.

Subsec. (d)(2)(B)(ii)(V). Puspan. L. 101–649, § 603(a)(13)(F), struck out subcl. (V) which referred to par. (33).

Subsec. (d)(2)(B)(iii). Puspan. L. 101–649, § 603(a)(13)(H), substituted “1182(a)(4)” for “1182(a)(15)”.

1988—Subsec. (a)(1)(B). Puspan. L. 100–525, § 2(h)(1)(A), substituted “12-month” for “18-month”.

Subsec. (span)(1)(D)(ii). Puspan. L. 100–525, § 2(h)(1)(B), inserted references to developmentally disabled in span and text.

Subsec. (c)(1). Puspan. L. 100–525, § 2(h)(1)(C), amended closing provisions generally without change.

Subsec. (c)(5). Puspan. L. 100–525, § 2(h)(1)(D)(ii), substituted semicolon for period at end of first sentence and inserted “except that the Attorney General may provide, in the Attorney General’s discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under section 8 of title 13.”

Subsec. (c)(5)(A). Puspan. L. 100–525, § 2(h)(1)(D)(i), inserted “or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986” after “paragraph (6)”.

Subsec. (d)(2)(B)(ii). Puspan. L. 100–525, § 2(h)(1)(E)(ii), inserted at end “Subclause (II) (prohibiting the waiver of section 1182(a)(15) of this title) shall not apply to an alien who is or was an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act).”

Subsec. (d)(2)(B)(ii)(II). Puspan. L. 100–525, § 2(h)(1)(E)(i), struck out “by an alien other than an alien who is eligible for benefits under title XVI of the Social Security Act or section 212 of Public Law 93–66 for the month in which such alien is granted lawful temporary residence status under subsection (a) of this section” after “permanent residence”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4002(span)(1)(B), (2)(J) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 1998 Amendment

Amendment by section 101(f) [title VIII, § 405(d)(4)] of Puspan. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(4)] of Puspan. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Puspan. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Effective Date of 1996 Amendments

Amendment by section 308(g)(2)(B), (5)(A)(iii) of Puspan. 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 Puspan. L. 104–208, set out as a note under section 1101 of this title.

Puspan. L. 104–208, div. C, title III, § 377(span), Sept. 30, 1996, 110 Stat. 3009–649, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of the Immigration Reform and Control Act of 1986 [Puspan. L. 99–603].”

Amendment by section 384(d)(1) of Puspan. L. 104–208 applicable to offenses occurring on or after Sept. 30, 1996, see section 384(d)(2) of Puspan. L. 104–208, set out as a note under section 1160 of this title.

Amendment by Puspan. L. 104–193 effective July 1, 1997, 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 section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Effective Date of 1994 Amendment

Amendment by section 219(l)(1) of Puspan. L. 103–416 effective as if included in the enactment of the Immigration Act of 1990, Puspan. L. 101–649, see section 219(dd) of Puspan. L. 103–416, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Puspan. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Puspan. L. 101–649.

Effective Date of 1990 Amendment

Amendment by section 603(a)(13) of Puspan. L. 101–649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Puspan. L. 101–649, set out as a note under section 1101 of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Puspan. L. 99–603, see section 2(s) of Puspan. L. 100–525, 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.

Report on Citizenship of Certain Legalized Aliens

Puspan. L. 103–416, title I, § 109, Oct. 25, 1994, 108 Stat. 4310, provided that not later than June 30, 1996, the Commissioner of the Immigration and Naturalization Service was to prepare and submit to the Congress a report concerning the citizenship status of aliens legalized under this section and section 1160 of this title.

Family Unity

Puspan. L. 101–649, title III, § 301, Nov. 29, 1990, 104 Stat. 5029, as amended by Puspan. L. 101–649, title VI, § 603(a)(23), Nov. 29, 1990, 104 Stat. 5084; Puspan. L. 103–416, title II, § 206(a), Oct. 25, 1994, 108 Stat. 4311; Puspan. L. 104–208, div. C, title III, §§ 308(d)(4)(R), (e)(2)(H), (16), (g)(1), (7)(E)(ii), 383(a), Sept. 30, 1996, 110 Stat. 3009–619 to 3009–622, 3009–624, 3009–652, provided that:

“(a)Temporary Stay of Removal and Work Authorization for Certain Eligible Immigrants.—The Attorney General shall provide that in the case of an alien who is an eligible immigrant (as defined in subsection (span)(1)) as of May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (span)(2)(B) or (span)(2)(C)) or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (span)(2)(A)), who has entered the United States before such date, who resided in the United States on such date, and who is not lawfully admitted for permanent residence, the alien—

“(1) may not be removed or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 237(a) of the Immigration and Nationality Act [8 U.S.C. 1227(a)] (other than so much of section 237(a)(1)(A) of such Act as relates to a ground of inadmissibility described in paragraph (2) or (3) of section 212(a) of such Act [8 U.S.C. 1182(a)]), and

“(2) shall be granted authorization to engage in employment in the United States and be provided an ‘employment authorized’ endorsement or other appropriate work permit.

“(span)Eligible Immigrant and Legalized Alien Defined.—In this section:

“(1) The term ‘eligible immigrant’ means a qualified immigrant who is the spouse or unmarried child of a legalized alien.

“(2) The term ‘legalized alien’ means an alien lawfully admitted for temporary or permanent residence who was provided—

“(A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [8 U.S.C. 1160],

“(B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [8 U.S.C. 1255a], or

“(C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [Puspan. L. 99–603, set out below].

“(c)Application of Definitions.—Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the administration of this section.

“(d)Temporary Disqualification From Certain Public Welfare Assistance.—Aliens provided the benefits of this section by virtue of their relation to a legalized alien described in subsection (span)(2)(A) or (span)(2)(B) shall be ineligible for public welfare assistance in the same manner and for the same period as the legalized alien is ineligible for such assistance under section 245A(h) or 210(f), respectively, of the Immigration and Nationality Act [8 U.S.C. 1255a(h), 1160(f)].

“(e)Exception for Certain Aliens.—An alien is not eligible for the benefits of this section if the Attorney General finds that—

“(1) the alien has been convicted of a felony or 3 or more misdemeanors in the United States,

“(2) the alien is described in section 208(span)(2)(A) of the Immigration and Nationality Act [8 U.S.C. 1158(span)(2)(A)], or

“(3) [the alien] has committed an act of juvenile delinquency which if committed by an adult would be classified as—

“(A) a felony crime of violence that has an element the use or attempted use of physical force against another individual, or

“(B) a felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense.

“(f)Construction.—Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to obtain benefits under this section.

“(g)Effective Date.—This section shall take effect on October 1, 1991; except that the delay in effectiveness of this section shall not be construed as reflecting a Congressional belief that the existing family fairness program should be modified in any way before such date.”

[Puspan. L. 104–208, div. C, title III, § 383(span), Sept. 30, 1996, 110 Stat. 3009–652, provided that: “The amendments made by subsection (a) [amending section 301 of Puspan. L. 101–649, set out above] shall apply to benefits granted or extended after the date of the enactment of this Act [Sept. 30, 1996].”]

[Puspan. L. 103–416, title II, § 206(span), Oct. 25, 1994, 108 Stat. 4312, provided that: “The amendment made by subsection (a) [amending section 301 of Puspan. L. 101–649, set out above] shall be deemed to have become effective as of October 1, 1991.”]

Use of Capital Assets by Immigration and Naturalization Service

Puspan. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 1000, provided: “That for fiscal year 1990 and hereafter capital assets acquired by the Immigration Legalization account may be made available for the general use of the Immigration and Naturalization Service after they are no longer needed for immigration legalization purposes”.

Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available

Puspan. L. 100–204, title IX, § 902, Dec. 22, 1987, 101 Stat. 1400, provided that:

“(a)Adjustment of Status.—The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) ‘extended voluntary departure’ by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987, shall be adjusted by the Attorney General to that of an alien lawfully admitted for temporary residence if the alien—

“(1) applies for such adjustment within two years after the date of the enactment of this Act [Dec. 22, 1987];

“(2) establishes that (A) the alien entered the United States before July 21, 1984, and (B) has resided continuously in the United States since such date and through the date of the enactment of this Act;

“(3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act;

“(4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that (A) the alien’s period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or (B) the alien applied for asylum before July 21, 1984; and

“(5) meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)).

The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act.

“(span)Status and Adjustment of Status.—The provisions of subsections (span), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to aliens provided temporary residence under subsection (a) in the same manner as they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act.”

Similar provisions were contained in Puspan. L. 100–202, § 101(a) [title IX, §§ 901, 902], Dec. 22, 1987, 101 Stat. 1329, 1329–43.

Procedures for Property Acquisition or Leasing

Puspan. L. 99–603, title II, § 201(c)(1), Nov. 6, 1986, 100 Stat. 3403, provided that notwithstanding Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(span), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], the Attorney General was authorized for period of up to two years after effective date of legalization program, to expend from appropriation provided for administration and enforcement of this chapter, such amounts necessary for leasing or acquisition of property in fulfillment of section 201 of Puspan. L. 99–603, which enacted this section and amended sections 602, 672, and 673 of Title 42, The Public Health and Welfare.

Use of Retired Federal Employees

Puspan. L. 99–603, title II, § 201(c)(2), Nov. 6, 1986, 100 Stat. 3403, as amended by Puspan. L. 100–525, § 2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided that: “Notwithstanding any other provision of law, the retired or retainer pay of a member or former member of the Armed Forces of the United States or the pay and annuity of a retired employee of the Federal Government who retired on or before January 1, 1986, shall not be reduced while such individual is temporarily employed by the Immigration and Naturalization Service for a period of not to exceed 18 months to perform duties in connection with the adjustment of status of aliens under this section [enacting this section and amending sections 602, 672, and 673 of Title 42, The Public Health and Welfare]. The Service shall not temporarily employ more than 300 individuals under this paragraph. Notwithstanding any other provision of law, the annuity of a retired employee of the Federal Government shall not be increased or redetermined under chapter 83 or 84 of title 5, United States Code, as a result of a period of temporary employment under this paragraph.”

Cuban-Haitian Adjustment

Puspan. L. 99–603, title II, § 202, Nov. 6, 1986, 100 Stat. 3404, as amended by Puspan. L. 100–525, § 2(i), Oct. 24, 1988, 102 Stat. 2612, provided that the status of an alien who received an immigration designation as a Cuban/Haitian Entrant as of Nov. 6, 1986, or who was a national of Cuba or Haiti, who arrived in the United States before Jan. 1, 1982, could be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence if the alien applied for such adjustment within two years after Nov. 6, 1986, and met certain other eligibility requirements.

State Legalization Impact-Assistance Grants

Puspan. L. 99–603, title II, § 204, Nov. 6, 1986, 100 Stat. 3405, as amended by Puspan. L. 100–525, § 2(k), Oct. 24, 1988, 102 Stat. 2612; Puspan. L. 101–166, title II, Nov. 21, 1989, 103 Stat. 1174; Puspan. L. 101–238, § 6(a), Dec. 18, 1989, 103 Stat. 2104; Puspan. L. 101–517, title II, Nov. 5, 1990, 104 Stat. 2206; Puspan. L. 102–170, title II, Nov. 26, 1991, 105 Stat. 1124; Puspan. L. 102–394, title II, Oct. 6, 1992, 106 Stat. 1808; Puspan. L. 103–333, title II, Sept. 30, 1994, 108 Stat. 2558; Puspan. L. 103–416, title II, § 219(cc), Oct. 25, 1994, 108 Stat. 4319; Puspan. L. 104–208, div. C, title VI, § 671(span)(9), (d)(2), Sept. 30, 1996, 110 Stat. 3009–722, 3009–723, related to State legalization impact-assistance grants and appropriation of funds, prior to repeal by Puspan. L. 105–220, title I, § 199(a)(1), Aug. 7, 1998, 112 Stat. 1058.

Application of Certain State Assistance Provisions

Puspan. L. 99–603, title III, § 303(c), Nov. 6, 1986, 100 Stat. 3431, defined “eligible legalized alien” relative to State legalization assistance, prior to repeal by Puspan. L. 100–525, § 2(n)(3), Oct. 24, 1988, 102 Stat. 2613.

Reports on Legalization Program

Puspan. L. 99–603, title IV, § 404, Nov. 6, 1986, 100 Stat. 3442, provided that the President would transmit to Congress two reports on the legalization program established under this section, one describing legalized aliens and the second on the impact on State and local government, employment, and social welfare and medical needs.