220
law to that of an alien lawfully admitted for permanent residence, the Attor-
ney General is satisfied that the alien was not eligible for the adjustment,
the Attorney General shall rescind—
(1) the adjustment of the alien’s status; and
(2) the cancellation of the alien’s deportation if the Attorney General
canceled the deportation.
(b) EFFECT OF RESCISSION.—When the Attorney General rescinds an
adjustment under subsection (a) of this section, the alien becomes subject
to this title as if the Attorney General had not changed the alien’s status.
§ 9109. Change of status
(a) PREREQUISITES.—Except as provided in subsection (b) of this sec-
tion, the Attorney General may change the status of an alien by changing
the alien’s nonimmigrant classification to another nonimmigrant classifica-
tion under conditions prescribed by the Attorney General if the alien—
(1) is lawfully admitted to the United States as a nonimmigrant; and
(2) continues to maintain that status.
(b) NONAPPLICATION.—The Attorney General may not make a change
under subsection (a) of this section if the alien—
(1) is admitted to the United States for passage through the United
States in immediate and continuous transit to a foreign country;
(2) is classified as a nonimmigrant under section 2304, 2305, 2309,
or 2326 of this title;
(3) is classified as a nonimmigrant under section 2312 of this title
and came to the United States or acquired the classification to receive
graduate medical education or training;
(4) except an alien referred to in clause (3) of this subsection, is
classified as a nonimmigrant under section 2312 of this title and is
subject to, and has not received a waiver of, the 2-year foreign resi-
dence requirement of section 8303(a) of this title, unless the alien ap-
plies to have the alien’s classification changed from a classification as
a nonimmigrant under section 2312 to a classification as a non-
immigrant under section 2301 or 2302 of this title; or
(5) is admitted as a nonimmigrant visitor without a visa under sec-
tion 2121(c) or 2127 of this title.
CHAPTER 93—ADJUSTMENT OF STATUS FOR CERTAIN
ALIENS WHO ENTERED THE UNITED STATES BEFORE
1982
Sec.
9301.
Numerical limitations and admissions.
9302.
Adjustment of status to alien lawfully admitted for temporary residence.
9303.
Applications for adjustment of status to alien lawfully admitted for temporary resi-
dence.
221
9304.
Adjustment of status from temporary residence to permanent residence.
9305.
Medical examination.
9306.
Nonapplication and waiver of certain provisions of law.
9307.
Fees.
9308.
Confidentiality of information.
9309.
Temporary stay of deportation.
9310.
Temporary ineligibility to receive certain assistance.
9311.
Unfavorable ending of temporary residence status.
9312.
Administrative and judicial review.
9313.
Administrative.
§ 9301. Numerical limitations and admissions
(a) NUMERICAL LIMITATIONS.—The numerical limitations of sections
4102 and 4110 of this title do not apply to an adjustment of status of an
alien to that of an alien lawfully admitted for permanent residence under
this chapter.
(b) ADMISSIONS.—This chapter does not authorize an alien to apply for
admission to, or be admitted to, the United States so that the alien may
apply for an adjustment of status under section 9302 of this title.
§ 9302. Adjustment of status to alien lawfully admitted for
temporary residence
(a) REQUIREMENTS.—The Attorney General shall adjust the status of an
alien to that of an alien lawfully admitted for temporary residence if the
alien meets the following requirements:
(1) The alien applied for the adjustment as provided in section 9303
of this title after May 4, 1987, and before May 5, 1988.
(2) The alien entered the United States before January 1, 1982.
(3) The alien resided continuously in the United States in an unlaw-
ful status from January 1, 1982, through the date the application for
the adjustment was filed under this section.
(4) If the alien—
(A) entered the United States as a nonimmigrant before Janu-
ary 1, 1982, the alien’s period of authorized stay as a non-
immigrant expired before January 1, 1982, or the United States
Government by January 1, 1982, knew of the unlawful status of
the alien; or
(B) was a nonimmigrant exchange alien classified under section
2312 of this title, the alien was not subject to the 2-year foreign
residence requirement of section 8303(a) of this title, fulfilled the require-
ment, or received a waiver.
(5) The alien has been physically present continuously in the United
States, except for any brief, casual, and innocent absence, since No-
vember 6, 1986.
(6) The alien is admissible to the United States as an immigrant,
except as provided in sections 9305 and 9306 of this title.