8 U.S.C. § 1159

Adjustment of status of refugees

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(a) Inspection and examination by Department of Homeland Security(1) Any alien who has been admitted to the United States under section 1157 of this title—(A) whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe,(B) who has been physically present in the United States for at least one year, and(C) who has not acquired permanent resident status,shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title.(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s arrival into the United States.(b) Requirements for adjustmentThe Secretary of Homeland Security or the Attorney General, in the Secretary’s or the Attorney General’s discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—(1) applies for such adjustment,(2) has been physically present in the United States for at least one year after being granted asylum,(3) continues to be a refugee within the meaning of section 1101(a)(42)(A) of this title or a spouse or child of such a refugee,(4) is not firmly resettled in any foreign country, and(5) is admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of examination for adjustment of such alien.Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date one year before the date of the approval of the application.(c) Coordination with section 1182

The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be applicable to any alien seeking adjustment of status under this section, and the Secretary of Homeland Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.

(June 27, 1952, ch. 477, title II, ch. 1, § 209, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 101–649, title I, § 104(a)(1), title VI, § 603(a)(4), Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102–232, title III, § 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. C, title III, §§ 308(g)(3)(A), (4)(A), 371(b)(2), Sept. 30, 1996, 110 Stat. 3009–622, 3009–645; Pub. L. 109–13, div. B, title I, § 101(g)(1), May 11, 2005, 119 Stat. 305.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a)(2) and (b)(5), was in the original, “this Act”, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

Amendments

2005—Subsec. (a)(1). Pub. L. 109–13, § 101(g)(1)(A)(i), substituted “Department of Homeland Security” for “Service” in concluding provisions.

Subsec. (a)(1)(A). Pub. L. 109–13, § 101(g)(1)(A)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in two places.

Subsec. (b). Pub. L. 109–13, § 101(g)(1)(B)(ii), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General” in concluding provisions.

Pub. L. 109–13, § 101(g)(1)(B)(i), added introductory provisions and struck out former introductory provisions which read as follows: “Not more than 10,000 of the refugee admissions authorized under section 1157(a) of this title in any fiscal year may be made available by the Attorney General, in the Attorney General’s discretion and under such regulations as the Attorney General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—”.

Subsec. (c). Pub. L. 109–13, § 101(g)(1)(C), substituted “Secretary of Homeland Security or the Attorney General” for “Attorney General”.

1996—Subsec. (a)(1). Pub. L. 104–208, § 308(g)(3)(A), (4)(A), substituted “1229a” for “1226” and “1231” for “1227” in concluding provisions.

Subsec. (a)(2). Pub. L. 104–208, § 371(b)(2), substituted “an immigration judge” for “a special inquiry officer”.

1991—Subsec. (c). Pub. L. 102–232 substituted “subparagraph (A)” for “subparagraphs (A)”.

1990—Subsec. (b). Pub. L. 101–649, § 104(a)(1), substituted “10,000” for “five thousand”.

Subsec. (c). Pub. L. 101–649, § 603(a)(4), substituted “(4), (5), and (7)(A)” for “(14), (15), (20), (21), (25), and (32)” and “(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of paragraph (3))” for “(other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics)”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 308(g)(3)(A), (4)(A) of Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title.

Amendment by section 371(b)(2) of Pub. L. 104–208 effective Sept. 30, 1996, see section 371(d)(1) of Pub. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1991 Amendment

Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649.

Effective Date of 1990 Amendment

Pub. L. 101–649, title I, § 104(a)(2), Nov. 29, 1990, 104 Stat. 4985, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to fiscal years beginning with fiscal year 1991 and the President is authorized, without the need for appropriate consultation, to increase the refugee determination previously made under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157] for fiscal year 1991 in order to make such amendment effective for such fiscal year.”

Amendment by section 603(a)(4) of Pub. L. 101–649 applicable to individuals entering United States on or after June 1, 1991, see section 601(e)(1) of Pub. L. 101–649, set out as a note under section 1101 of this title.

Effective Date

Section effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title.

Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former Asylees

Pub. L. 101–649, title I, § 104(c), (d), Nov. 29, 1990, 104 Stat. 4985, as amended by Pub. L. 104–208, div. C, title VI, § 604(b)(2), Sept. 30, 1996, 110 Stat. 3009–694, provided that:“(c)Waiver of Numerical Limitation for Certain Current Asylees.—The numerical limitation on the number of aliens whose status may be adjusted under section 209(b) of the Immigration and Nationality Act [8 U.S.C. 1159(b)] shall not apply to an alien described in subsection (d) or to an alien who has applied for adjustment of status under such section on or before June 1, 1990.“(d)Adjustment of Certain Former Asylees.—“(1)In general.—Subject to paragraph (2), the provisions of section 209(b) of the Immigration and Nationality Act [8 U.S.C. 1159(b)] shall also apply to an alien—“(A) who was granted asylum before the date of the enactment of this Act [Nov. 29, 1990] (regardless of whether or not such asylum has been terminated under section 208 of the Immigration and Nationality Act [8 U.S.C. 1158]),“(B) who is no longer a refugee because of a change in circumstances in a foreign state, and“(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section.“(2)Application of per country limitations.—The number of aliens who are natives of any foreign state who may adjust status pursuant to paragraph (1) in any fiscal year shall not exceed the difference between the per country limitation established under section 202(a) of the Immigration and Nationality Act [8 U.S.C. 1152(a)] and the number of aliens who are chargeable to that foreign state in the fiscal year under section 202 of such Act.”

[Section 104(c), (d) of Pub. L. 101–649 effective Nov. 29, 1990, and (unless otherwise provided) applicable to fiscal year 1991, see section 161(b) of Pub. L. 101–649, set out as an Effective Date of 1990 Amendment note under section 1101 of this title.]

Notes of Decisions

Cited in 250 cases (67 in the last 5 years), 1984–2026 · leading case: Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020).

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Ibrahim Bare v. William Barr, 975 F.3d 952 (9th Cir. 2020). · cites it 7× “8 U.S.C. § 1159 (b). One of the requirements is that the asylee “is admissible.”

Sejid Smriko v. John Ashcroft, Attorney Gen. of the United States, 387 F.3d 279 (3rd Cir. 2004). · cites it 8× “At some point thereafter, Smriko was granted lawful permanent resident status pursuant to 8 U.S.C. § 1159 (a)(2), backdated to his entry date of October 20,1994.”

Joel Siwe v. Eric Holder, Jr., 742 F.3d 603 (5th Cir. 2014). · cites it 11× “8 U.S.C. § 1159 (b). 2 . Because the BIA entered two separate orders in Siwe’s case, he timely filed two petitions in this court — Nos.”

Robleto-pastora v. Holder, 591 F.3d 1051 (9th Cir. 2010). · cites it 9× “8 U.S.C. § 1159 (b). In October 2004, Robleto was arrested and charged in Oregon state court with forgery-related offenses involving the distribution of false identifications.”

Tiger Cela v. Merrick Garland, 75 F.4th 355 (4th Cir. 2023). · cites it 11× “” 8 U.S.C. § 1159 (b). The question presented here is whether the prior termination of an alien’s asylum status renders the alien ineligible for this adjustment.”

Vasiliy Ostapovich Romanishyn v. Attorney Gen. of the United States, 455 F.3d 175 (3rd Cir. 2006). · cites it 6× “” 8 U.S.C. § 1159 (a)(2). See also 8 C.F.R.”

Jarpa v. Mumford, 211 F. Supp. 3d 706 (D. Maryland 2016). · cites it 4× “Jarpa applied for adjustment of status and waiver under 8 U.S.C. § 1159 . ECF No. 1 at 9; ECF No.”

Saintha v. Mukasey, 516 F.3d 243 (4th Cir. 2008). · cites it 4× “85, and under section 209 of the Immigration and Nationality Act (the “INA”), codified at 8 U.S.C. § 1159 (c). An Immigration Judge (“IJ”) found Saintha entitled to deferral of removal under the CAT, but ineligible for adjustment of status and a waiver of inadmissibility under…”

Immigr. & Naturalization Serv. v. Cardoza-Fonseca, 480 U.S. 421 (1987). · cites it 2× “[13] The definition also applies to § 209, 8 U. S. C. § 1159 , which governs the adjustment of status of refugees after they have been granted asylum.”

Saleh v. Ridge, 367 F. Supp. 2d 508 (S.D.N.Y. 2005). · cites it 5× “) In or about August 1995, Plaintiff and his wife filed Applications for Adjustment of Status with the New York District Office of the Immigration and Naturalization Service (“INS”) to obtain discretionary adjustment of their immigration status to that of lawful permanent…”

Jama v. Immigr. & Customs Enf't, 543 U.S. 335 (2005). · cites it 2× “See 8 U. S. C. § 1159 (a)(1) (1994 ed.) (a refugee must appear for "inspection and examination for admission to the United States as an immigrant in accordance with [§ 1227, the former exclusion provision]" one year after entry).”

George Nastase v. William Barr, U. S. Atty Gen, 964 F.3d 313 (5th Cir. 2020). · cites it 4× “18-60264 In 2006, Nastase applied for adjustment of his immigration status under 8 U.S.C. § 1159 (a), which (if granted) would cause him to “be regarded as lawfully admitted to the United States for permanent residence as of the date of [his] arrival into the United States.”

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— 8 U.S.C. § 1159(b) — 4 cases

Joel Siwe v. Eric Holder, Jr., 742 F.3d 603 (5th Cir. 2014). “8 U.S.C. § 1159 (b). 2 . Because the BIA entered two separate orders in Siwe’s case, he timely filed two petitions in this court — Nos.”

Bemba v. Holder, 930 F. Supp. 2d 1022 (E.D. Mo. 2013).

Kaplan v. Chertoff, 481 F. Supp. 2d 370 (E.D. Pa. 2007).

Ratlale David Mokone v. United States Citizenship & Immigr. Servs. et al. (E.D. Mo. 2026).

— 8 U.S.C. § 1159(c) — 1 case

United States v. Canales-Siguenza, 192 F. App'x 282 (5th Cir. 2006).

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