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(c) ADJUSTMENT MADE.—On receiving the application and the required
amount, the Attorney General may adjust the status of the alien to that
of an alien lawfully admitted for permanent residence if—
(1) the alien is eligible to receive an immigrant visa and is admissible
to the United States for permanent residence; and
(2) an immigrant visa is available to the alien immediately when the
application is filed.
(d) DISPOSAL
OF AMOUNTS.—The Attorney General shall dispose of
amounts remitted under this section as provided in section 318 of this title.
(e) FINGERPRINT IDENTIFICATION CHECKS.—The Attorney General shall
conduct complete fingerprint identification checks through the Federal Bu-
reau of Investigation for all individuals over 16 years of age who are adjust-
ing their immigration status under this section.
(f) ENDING DATE.—This section ends on October 1, 1997.
§ 9103. Aliens admitted as foreign government officials and
their families
(a) REQUIREMENTS.—An alien admitted to the United States as a non-
immigrant classified under section 2301(1) or (2) or 2302(1)–(3) of this
title, who does not maintain nonimmigrant status under any of those provi-
sions, may apply to the Attorney General to adjust the status of the alien
to that of an alien lawfully admitted for permanent residence. After consult-
ing with the Secretary of State, the Attorney General may adjust the status
of the alien if the Attorney General is satisfied that—
(1) the alien has demonstrated compelling reasons why the alien can-
not return to the country represented by the government that accred-
ited the alien or a member of the alien’s immediate family and that
adjusting the status of the alien is in the interest of the United States;
(2) the alien is of good moral character;
(3) the alien is admissible for permanent residence under this title;
and
(4) adjusting the alien’s status under this subsection would not be
contrary to the welfare, safety, or security of the United States.
(b) RECORDATION OF ADJUSTMENT AND REPORT TO CONGRESS.—If the
Attorney General adjusts the status of an alien under subsection (a) of this
section, the Attorney General—
(1) may record the lawful admission of the alien for permanent resi-
dence as of the date of the adjustment; and
(2) shall submit to Congress, on the first day of the next month in
which Congress is in session—
(A) a complete and detailed report of the facts and law in the
alien’s case; and
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(B) the Attorney General’s reasons for the adjustment.
(c) REDUCTION IN NUMBER OF IMMIGRANT VISAS.—(1) For each alien
lawfully admitted for permanent residence under this section, the Secretary
of State shall reduce by one the number of immigrant visas for the foreign
country to which the alien is chargeable under section 4111 of this title for
the current fiscal year or the next fiscal year in which a visa is available
if the alien was classifiable as an immigrant subject to the numerical limita-
tions of sections 4102–4105 and 4110 of this title when the alien entered
the United States.
(2) The Secretary may not reduce the numerical limitations for the for-
eign country under this section by more than 50 percent in a fiscal year.
(d) NUMERICAL LIMITATION.—The Attorney General may admit as aliens
lawfully admitted for permanent residence under this section not more than
50 aliens in a fiscal year.
§ 9104. Aliens whose deportation is suspended
The Attorney General shall—
(1) adjust the status of an alien whose deportation the Attorney
General suspends under section 6539(a) of this title to that of an alien
lawfully admitted for permanent residence; and
(2) record the lawful admission of the alien for permanent residence
as of the date the Attorney General suspends the deportation.
§ 9105. Aliens entering the United States before January 1,
1972
(a) REQUIREMENTS.—On approval of an application of an alien, the At-
torney General may adjust the status of the alien to that of an alien law-
fully admitted for permanent residence if—
(1) a record of the lawful admission of the alien for permanent resi-
dence is not available; and
(2) the alien satisfies the Attorney General that the alien—
(A) entered the United States before January 1, 1972, and has
resided in the United States continuously since the alien’s entry;
(B) is of good moral character;
(C) is not ineligible for citizenship; and
(D) is not excludable under—
(i) section 6309 of this title; or
(ii) a provision of subchapter I of chapter 63 of this title
related to criminals, immoral individuals, violators of narcotic
laws, smugglers of aliens, or national security.
(b) RECORDATION OF ADJUSTMENT.—If the Attorney General adjusts
the status of an alien under subsection (a) of this section, the Attorney Gen-
219
eral shall record the lawful admission of the alien for permanent residence
as of the date—
(1) the alien entered the United States if the alien entered before
July 1, 1924; or
(2) the Attorney General approves the alien’s application for an ad-
justment of status under this section.
(c) PHOTOGRAPHS.—An alien applying for an adjustment of status under
this section must provide the Attorney General with 3 identical photographs
of the alien.
(d) NONAPPLICATION OF NUMERICAL LIMITATIONS.—The numerical lim-
itations of sections 4102 and 4110 of this title do not apply to an alien
whose status is adjusted under this section.
§ 9106. Aliens lawfully admitted for permanent residence
(a) ADJUSTMENT TO NONIMMIGRANT STATUS.—Except as provided in
subsection (c) of this section, the Attorney General shall adjust the status
of an alien lawfully admitted for permanent residence to that of a non-
immigrant classified under section 2301, 2302, or 2306 of this title if at
the time of entry or after the alien enters the United States the alien is
engaged in an occupation that would entitle the alien to the status of a non-
immigrant classified under section 2301, 2302, or 2306 if the alien were
seeking to be admitted to the United States.
(b) RECORD OF ADMISSION FOR PERMANENT RESIDENCE CANCELED.—
The Attorney General shall cancel the record of the admission of the alien
for lawful permanent residence as of the date the Attorney General adjusts
the alien’s status under this section.
(c) NONAPPLICATION.—This section does not apply to an alien who—
(1) requests the Attorney General not to adjust the alien’s status
under this section; and
(2) files with the Attorney General a written waiver of the rights,
privileges, exemptions, and immunities that the alien otherwise would
be entitled to under a law or executive order because the alien is en-
gaged in an occupation that entitles the alien to the status of a non-
immigrant classified under section 2301, 2302, or 2306 of this title.
§ 9107. Additional requirements for aliens adjusting to cer-
tain employment-based immigrant status
Section 4104(g) of this title applies to aliens applying for an adjustment
of status to that of an immigrant under section 4104(c) or (d) of this title.
§ 9108. Rescission of adjustment of status to alien lawfully
admitted for permanent residence
(a) RESCISSION OF ADJUSTMENT OF STATUS.—If, within 5 years after
the Attorney General adjusts the status of an alien under any provision of