§ 1256. Rescission of adjustment of status; effect upon naturalized citizen
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(a)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 section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.
(b)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as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection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 section 1451 of this title as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
(June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217; Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(H), 378(a), Sept. 30, 1996, 110 Stat. 3009–619, 3009–649.)
Connections21 cite this · traces to 5
Cited by 21 sections · top 17
statutes-at-large
- Public Law 106–553Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 86–378
- Private Law 88–355
- Private Law 87–680to provide for employees of the United States suffering injuries while in the performance of their duties, and for other purposes”, approved September 7, 1916, as [39 Stat. 746](/us/stat/39/746).amended (5 U
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
statute-compilations
register
bill
- Sec. 612Clarifying rescission of adjustment of status
- Sec. 608Extension of time limit to permit rescission of permanent resident status
- Sec. 803Title II technical amendments
- Sec. 1608Extension of time limit to permit rescission of permanent resident status
- Sec. 7003Technical amendments to title II of the Immigration and Nationality Act
16 references not yet in our index
- June 27, 1952, ch. 477
- 66 Stat. 217
- Pub. L. 103–416, title II, § 219(m)
- 108 Stat. 4317
- Pub. L. 104–208, div. C, title III
- 110 Stat. 3009–619
- act June 27, 1952, ch. 477
- 66 Stat. 163
- Pub. L. 104–208, § 378(a)
- Pub. L. 104–208, § 308(e)(1)(H)
- Pub. L. 103–416
- section 308(e)(1)(H) of Pub. L. 104–208
- section 309 of Pub. L. 104–208
- Pub. L. 104–208, div. C, title III, § 378(b)
- 110 Stat. 3009–649
- section 309(d)(2) of Pub. L. 104–208
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cites case law
§ 1256
Rescission of adjustment of status; effect upon naturalized citizen
Stat.×9
Bills×5
Fed. Reg.×4
Stat. Comp.×2
U.S.C.×1
ActJune 27, 1952, ch. 477
Stat.66 Stat. 217
Pub. L.Pub. L. 103–416, title II, § 219(m)
Stat.108 Stat. 4317
Pub. L.Pub. L. 104–208, div. C, title III
Cites 21 · showing 10Cited by 21 across 5 sources