212
(i) had not maintained the nonimmigrant status under which
the alien was admitted or which the the alien acquired under sec-
tion 9109 of this title; or
(ii) had not complied with a condition of the nonimmigrant sta-
tus.
(b) UNITED STATES GOVERNMENT RESPONSIBILITIES.—(1) If the chief
executive officer of a State (or, if appropriate, a political subdivision of a
State) exercising authority for the incarceration of an undocumented crimi-
nal alien submits a written request to the Attorney General, the Attorney
General, as the Attorney General decides, shall—
(A) make a contract providing for compensation to the State or po-
litical subdivision of the State, as appropriate, for incarceration of the
alien; or
(B) take the alien into the custody of the United States Government
and incarcerate the alien.
(2) Compensation under paragraph (1)(A) of this subsection shall be the
average cost of incarceration of a prisoner in the relevant State as deter-
mined by the Attorney General.
(3)(A) In carrying out paragraph (1) of this subsection, the Attorney
General shall give priority to the Government’s incarceration of undocu-
mented criminal aliens who have committed an aggravated felony.
(B) The Attorney General shall ensure that undocumented criminal aliens
incarcerated in Government facilities under this section are held in facilities
that provide a level of security appropriate to the offenses of which they
were convicted.
(c) AUTHORIZATION
OF APPROPRIATIONS.—(1) Amounts necessary to
carry out this section may be appropriated. Of those amounts, the following
amounts may be appropriated from the Violent Crime Reduction Trust
Fund:
(A) $130,000,000 for the fiscal year ending September 30, 1995.
(B) $300,000,000 for the fiscal year ending September 30, 1996.
(C) $330,000,000 for the fiscal year ending September 30, 1997.
(D) $350,000,000 for the fiscal year ending September 30, 1998.
(E) $350,000,000 for the fiscal year ending September 30, 1999.
(F) $340,000,000 for the fiscal year ending September 30, 2000.
(2) Beginning October 1, 2004, the requirements of this section are not
subject to the availability of appropriations.
PART F—ADJUSTMENT AND CHANGE OF STATUS
CHAPTER 91—ADJUSTMENT AND CHANGE OF STATUS
Sec.
9101.
Aliens inspected and admitted or paroled into the United States.
213
9102.
Aliens who entered the United States without inspection and certain other aliens.
9103.
Aliens admitted as foreign government officials and their families.
9104.
Aliens whose deportation is suspended.
9105.
Aliens entering the United States before January 1, 1972.
9106.
Aliens lawfully admitted for permanent residence.
9107.
Additional requirements for aliens adjusting to certain employment-based immigrant
status.
9108.
Rescission of adjustment of status to alien lawfully admitted for permanent residence.
9109.
Change of status.
§ 9101. Aliens inspected and admitted or paroled into the
United States
(a) REQUIREMENTS.—Except as provided in subsections (e)–(g) of this
section, the Attorney General may adjust the status of an alien inspected
and admitted or paroled into the United States to that of an alien lawfully
admitted for permanent residence if—
(1) the alien applies for the adjustment, is eligible to receive an im-
migrant visa, and is admissible to the United States for permanent res-
idence; and
(2) an immigrant visa is immediately available to the alien when the
application for adjustment is filed.
(b) RECORDATION OF ADJUSTMENT.—On approving an application for
adjustment of status under subsection (a) of this section, the Attorney Gen-
eral shall record the lawful admission of the alien for permanent residence
as of the date of approval.
(c) REDUCTION IN NUMBER OF AUTHORIZED IMMIGRANT VISAS.—For
each alien lawfully admitted for permanent residence under this section, the
Secretary of State shall reduce by one the number of immigrant visas that
may be issued under sections 4103–4105 and 4110 of this title within the
class to which the alien is chargeable for the current fiscal year.
(d) APPLICATION TO CERTAIN SPECIAL IMMIGRANTS.—(1) In applying
this section to a special immigrant as defined in section 134(a)(12) of this
title—
(A) the alien is deemed to have been paroled into the United States;
(B) when the Attorney General is deciding on the alien’s admissibil-
ity as an immigrant—
(i) sections 4311(a), 6304(a), 6313(a)(2) and (c), and 9107 of
this title do not apply;
(ii) the Attorney General may waive subchapter I of chapter 63
of this title (except as provided in subclause (iii) of this clause)
for an alien for humanitarian purposes, to ensure family unity, or
when it is otherwise in the public interest; and
(iii) the Attorney General may not waive section 6307(a)(1)–(4),
6308(a)–(c), or 6309 of this title, except as section 6307(a)(3) re-