Sec. 209. adjustment of status of refugees
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## Sec. 209 adjustment of status of refugees **[**[8 U.S.C. 1159](/us/usc/t8/s1159)**]** ###
(a)####
(1)Any alien who has been admitted to the United States under section 207— #####
(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 235, 240, and 241.107 107See the appendix in this compilation for the provisions as in effect before April 1, 1997. ####
(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 Act at the time of the alien's inspection and examination shall, notwithstanding any numerical limitation specified in this Act, 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)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 adjust108 to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who— 108§104(a)(1) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 4985) increased the number of refugee admissions made available from 5,000 to 10,000, effective beginning with fiscal year 1991. §104(a)(2) of that Act provides as follows:
(2)Effective date and transition.—The amendment made by paragraph
(1)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. Subsections
(c)and
(d)of §104 of that Act (104 Stat. 4985) provide as follows:
(c)Waiver of Numerical Limitation for Certain Current Asylees.—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 June 1, 1990.
(d)Adjustment of Certain Former Asylees.—
(1)In general.—Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act shall also apply to an alien—
(A)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(b) 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.—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. ####
(1)applies for such adjustment, ####
(2)has been physically present in the United States for at least one year after being granted asylum, ####
(3)continues to be a refugee within the meaning of section 101(a)(42)(A) 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 Act 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)The provisions of paragraphs (4), (5), and (7)(A)109 of section 212(a) 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))109 with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. 109§603(a)(4) of the Immigration Act of 1990 (P.L. 101–649, Nov. 29, 1990, 104 Stat. 5082) substituted a reference to “paragraphs (4), (5), and (7)(A)” for a reference to “paragraphs (14), (15), (20), (21), (25), and (32)” and a reference to “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or
(E)of paragraph (3))” for a reference to “(other than paragraph (27), (29), or
(33)and other than so much of paragraph
(23)as relates to trafficking in narcotics)”.
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- 104 Stat. 4985
- 104 Stat. 5082
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