§ 1258. Change of nonimmigrant classification
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/usc/title-8/section-1258A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), except (subject to subsection (b)) in the case of—
(1)an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or
(2)an alien classified as a nonimmigrant under subparagraph
(J)of section 1101(a)(15) of this title who came to the United States or acquired such classification in order to receive graduate medical education or training,
(3)an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph
(J)of section 1101(a)(15) of this title who is subject to the two-year foreign residence requirement of section 1182(e) of this title and has not received a waiver thereof, unless such alien applies to have the alien’s classification changed from classification under subparagraph
(J)of section 1101(a)(15) of this title to a classification under subparagraph
(A)or
(G)of such section, and
(4)an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title.
(b)The exceptions specified in paragraphs
(1)through
(4)of subsection
(a)shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph
(T)or
(June 27, 1952, ch. 477, title II, ch. 5, § 248, 66 Stat. 218; Pub. L. 87–256, § 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97–116, § 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title III, § 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103–322, title XIII, § 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104–208, div. C, title III, § 301(b)(2), title VI, § 671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578, 3009–721; Pub. L. 109–162, title VIII, § 821(c)(1), Jan. 5, 2006, 119 Stat. 3062.)
Connections122 cite this · traces to 4
Cited by 122 sections · top 60
U.S. Code
- § 1184Admission of nonimmigrants
- § 1356Disposition of moneys collected under the provisions of this subchapter
- § 1231Detention and removal of aliens ordered removed
- § 1227Deportable aliens
- § 1254aTemporary protected status
- § 1201Issuance of visas
- § 1806Immigration and transition
- § 1372Program to collect information relating to nonimmigrant foreign students and other exchange program participants
- § 1223Entry through or from foreign territory and adjacent islands
statutes-at-large
- Public Law 89–236
- Public Law 87–254
- Public Law 97–116To amend the Immigration and Nationality Act, and for other purposes
- Public Law 109–162To authorize appropriations for the Department of Justice for fiscal years 2006 through 2009, and for other purposes
- Public Law 116–159Making continuing appropriations for fiscal year 2021, and for other purposes
- Public Law 110–229To authorize certain programs and activities in the Department of the Interior, the Forest Service, and the Department of Energy, to implement further the Act approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, to a
- 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
- Public Law 99–603To amend the Immigration and Nationality Act to revise and reform the immigration laws, and for other purposes
register
- UnknownTemporary rule
- Rules and RegulationsFinal rule
- Proposed RulesNotice of proposed rulemaking
- Presidential DocumentsTemporary rule
- Rules and RegulationsFinal rule
- Proposed RulesProposed rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesSemiannual Regulatory Agenda
- Presidential DocumentsTemporary rule
- NoticesFinal rule
- Proposed RulesNotice of proposed rulemaking
- UnknownFinal rule
- Proposed RulesNotice of proposed rulemaking
- Rules and RegulationsFinal rule
- NoticesNotice of proposed rulemaking (NPRM)
- UnknownTemporary rule
- NoticesFinal rule
- NoticesProposed rule
- Rules and RegulationsFinal rule
- NoticesTemporary rule
- Presidential DocumentsProposed rule
- NoticesIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- UnknownTemporary rule
- Proposed RulesTemporary rule
- Proposed RulesNotice of proposed rulemaking
- Presidential DocumentsNotice of proposed rulemaking
- Proposed RulesTemporary rule; request for comments
- NoticesFinal rule
- Rules and RegulationsNotice of proposed rulemaking
- UnknownInterim final rule with request for comments
- Rules and RegulationsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesTemporary rule
- Presidential DocumentsFinal rule
- NoticesFinal rule
- UnknownFinal rule
statute-compilations
27 references not yet in our index
- June 27, 1952, ch. 477
- 66 Stat. 218
- Pub. L. 87–256, § 109(d)
- 75 Stat. 535
- Pub. L. 97–116, § 10
- 95 Stat. 1617
- Pub. L. 99–603, title III, § 313(d)
- 100 Stat. 3439
- Pub. L. 103–322, title XIII, § 130003(b)(3)
- 108 Stat. 2025
- Pub. L. 104–208, div. C, title III, § 301(b)(2)
- 110 Stat. 3009–578
- Pub. L. 109–162, title VIII, § 821(c)(1)
- 119 Stat. 3062
- Pub. L. 109–162
- Pub. L. 104–208, § 301(b)(2)
- Pub. L. 104–208, § 671(a)(2)
- Pub. L. 103–322, § 130003(b)(3)
- Pub. L. 99–603
- Pub. L. 97–116
- Pub. L. 87–256
- section 301(b)(2) of Pub. L. 104–208
- section 309 of Pub. L. 104–208
- section 671(a)(2) of Pub. L. 104–208
- Pub. L. 103–322
- section 671(a)(7) of Pub. L. 104–208
- section 21(a) of Pub. L. 97–116
Citation graph
cites case law
§ 1258
Change of nonimmigrant classification
Fed. Reg.×57
Bills×37
U.S.C.×12
Stat.×10
Stat. Comp.×4
Pub. L.×2
ActJune 27, 1952, ch. 477
Stat.66 Stat. 218
Pub. L.Pub. L. 87–256, § 109(d)
Stat.75 Stat. 535
Pub. L.Pub. L. 97–116, § 10
Cites 31 · showing 9Cited by 122 across 6 sources