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lates to a single offense of simple possession of not more than 30
grams of marijuana;
(C) the relationship between an alien and the alien’s natural parents
or prior adoptive parents is not a factor in making a waiver under
clause (B)(ii) of this paragraph; and
(D) this paragraph and section 134(a)(12) of this title do not au-
thorize an alien to apply for admission or be admitted to the United
States to obtain the special immigrant status as defined in section
134(a)(12).
(2) In applying this section to a special immigrant as defined in section
134(a)(13) of this title, the alien is deemed to have been paroled into the
United States.
(e) APPLICATION
TO NONIMMIGRANTS CLASSIFIED UNDER SECTION
2326.—(1) The Attorney General may adjust the status of an alien admit-
ted to the United States as a nonimmigrant classified under section
2326(a)(1) of this title (and the spouse, married and unmarried sons and
daughters, and parents of the alien if admitted under section 2326(a)(1))
to that of an alien lawfully admitted for permanent residence if—
(A) the alien is not described in section 6309 of this title; and
(B) the Attorney General finds the nonimmigrant has supplied infor-
mation described in section 2326(a)(1)(A) of this title and providing
that information has contributed substantially to the success of an au-
thorized criminal investigation or the prosecution of an individual de-
scribed in section 2326(a)(1)(C) of this title.
(2) The Attorney General may adjust the status of an alien admitted to
the United States as a nonimmigrant classified under section 2326(a)(2) of
this title (and the spouse, married and unmarried sons and daughters, and
parents of the alien if admitted under section 2326(a)(2)) to that of an
alien lawfully admitted for permanent residence if—
(A) the alien is not described in section 6309 of this title;
(B) the Attorney General finds the nonimmigrant has supplied infor-
mation described in section 2326(a)(2)(A) and providing that informa-
tion has contributed substantially to—
(i) the prevention or frustration of an act of terrorism against
a person or property of the United States; or
(ii) the success of an authorized criminal investigation of, or the
prosecution of, an individual involved in the act of terrorism; and
(C) the nonimmigrant has received a reward under section 36(a) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2708(a)).
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(3) Only the Attorney General may make a finding under paragraph (2)
of this subsection.
(4) On approving an adjustment of status under this subsection, the At-
torney General shall record the alien’s lawful admission for permanent resi-
dence as of the date of approval and the Secretary of State shall reduce
by one the number of visas authorized to be issued under sections
4102(b)(1) and 4104(e) of this title for the current fiscal year.
(f) NONAPPLICATION.—Subsection (a) of this section does not apply to—
(1) an alien crewmember;
(2) an alien admitted in immediate and continuous transit without
a visa under section 2121(b)(3) of this title;
(3) an alien (except an immediate relative and a special immigrant
as defined in section 134(a)(8)–(13) of this title) who—
(A) after January 1, 1977, and before applying for an adjust-
ment of status, engages in or accepts unauthorized employment;
(B) has an unlawful immigration status on the date of filing the
application for an adjustment of status; or
(C) except through no fault of the alien or for technical reasons,
has not maintained continuously a lawful status since entering the
United States;
(4) an alien (except an immediate relative) admitted as a non-
immigrant visitor without a visa under section 2121(c) or 2127 of this
title; or
(5) an alien who was admitted as a nonimmigrant classified under
section 2326 of this title.
(g) ALIENS WHOSE STATUS MAY NOT BE ADJUSTED.—(1) The Attorney
General may not adjust, under subsection (a) of this section, the status of—
(A) an alien lawfully admitted for permanent residence on a condi-
tional basis under subchapter I of chapter 45 of this title;
(B) a nonimmigrant classified under section 2309(a) of this title, ex-
cept to that of an alien lawfully admitted for permanent residence on
a conditional basis under subchapter I of chapter 45 of this title, be-
cause of the marriage of the nonimmigrant (or, if a child, the parent)
to the citizen who filed the petition under section 2309(b) of this title;
or
(C) an alien seeking an immigrant visa because of a marriage en-
tered into during the period an administrative or judicial proceeding on
the alien’s right to enter or remain in the United States is pending.
(2)(A) Paragraph (1)(C) of this subsection does not apply to a marriage
if the alien establishes by clear and convincing evidence satisfactory to the
Attorney General that—