8 U.S.C. § 1255b

Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 8 CasesGoogle Scholar

Notwithstanding any other provision of law—(a) Application

Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.

(b) Record of admission

If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.

A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act [8 U.S.C. 1152] for the fiscal year then current or the next following year in which a quota is available. No quota shall be so reduced by more than 50 per centum in any fiscal year.

(d) Limitations

The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.

(Pub. L. 85–316, § 13, Sept. 11, 1957, 71 Stat. 642; Pub. L. 97–116, § 17, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100–525, § 9(kk), Oct. 24, 1988, 102 Stat. 2622; Pub. L. 103–416, title II, § 207, Oct. 25, 1994, 108 Stat. 4312; Pub. L. 104–208, div. C, title VI, § 671(b)(4), Sept. 30, 1996, 110 Stat. 3009–721.)Editorial NotesReferences in Text

The Immigration and Nationality Act, referred to in subsec. (b), is act June 27, 1952, ch. 477, 66 Stat. 163, 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.

Codification

Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.

Amendments

1996—Subsec. (c). Pub. L. 104–208 made technical amendment to directory language of Pub. L. 103–416, § 207(2). See 1994 Amendment note below.

1994—Subsec. (c). Pub. L. 103–416, § 207(1), struck out after second sentence “If, during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law.”

Pub. L. 103–416, § 207(2), as amended by Pub. L. 104–208, substituted “The” for “If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the”.

1988—Subsec. (b). Pub. L. 100–525 struck out “of” after “as of the date”.

1981—Subsec. (b). Pub. L. 97–116 inserted provision requiring that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien’s immediate family and that adjustment of the alien’s status to that of an alien lawfully admitted for permanent residence would be in the national interest.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103–416, see section 671(b)(14) of Pub. L. 104–208, set out as a note under section 1101 of this title.

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–116 effective Dec. 29, 1981, see section 21(a) of Pub. L. 97–116, set out as a 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.

Definitions; Applicability of Section 1101(a) and (b) of This Title

The definitions in subsecs. (a) and (b) of section 1101 of this title apply to this section, see section 14 of Pub. L. 85–316, set out as a note under section 1101 of this title.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1971–2025 · leading case: Nassuma Jabateh v. Loretta Lynch, 845 F.3d 332 (7th Cir. 2017).

Sort: Relevance Newest Treatment

Nassuma Jabateh v. Loretta Lynch, 845 F.3d 332 (7th Cir. 2017). · cites it 7× “…for an adjustment of his immigration status, pursuant to § 13 of the Act of Septem‐ ber 11, 1957, now codified at 8 U.S.C. § 1255b. An adjustment under § 13 is available to an alien who, having been admitted under §§ 101(a)(15)(A)(i) or (ii) or 101(a)(15)(G)(i) or (ii) of…”

Salomon Ledezma-Cosino v. Jefferson Sessions, 857 F.3d 1042 (9th Cir. 2017). · cites it 2× “§ 1427 (a)(3), becoming a lawful permanent resident, see 8 U.S.C. § 1255b, adjustment of status, see 8 U.”

Chien-Shih Wang v. Attorney Gen. of the United States George W. Geil, Dist. Dir. of the Immigr. & Naturalization Serv., 823 F.2d 1273 (8th Cir. 1987). · cites it 5× “He went to the INS office in Kansas City (Kansas City INS) and was given forms to apply for adjustment of immigration status for himself and his family under § 13 of the Immigration and Nationality Act of September 11, 1957, 8 U.S.C. § 1255b(b). Section 13 permits foreign…”

Chien-Shih Wang v. Attorney Gen. of United States, 636 F. Supp. 1208 (W.D. Mo. 1986). · cites it 9× “On June 29, 1982, plaintiff filed a complaint against the Attorney General of the United States and the District Director of the Immigration and Naturalization Service (INS) requesting a declaratory judgment that defendants process plaintiffs application for status as a…”

Maalouf v. Wiemann, 654 F. Supp. 2d 6 (D.D.C. 2009). · cites it 2× “) Soon thereafter, Maalouf applied for a readjustment of her immigration status pursuant to 8 U.S.C. § 1255b (“Section 13”) 3 in an attempt to obtain permanent resident status.”

Zalmai Sayyad Ameeriar & Ayesha Zalmai Ameeriar v. Immigr. & Naturalization Serv., 438 F.2d 1028 (3rd Cir. 1971). “There is a similar provision in 8 U.S.C. § 1255b pertaining . essentially to diplomatic personnel and limited to no more than fifty applicants annually.”

Almabruk v. Robinson (M.D. Penn. 2024). · cites it 7× “8 U.S.C. § 1255b. Specifically, Section 13 states in its entirety: Notwithstanding any other provision of law— (a)Application.”

Mohammad Qatanani v. Attorney Gen. United States of Am. (3rd Cir. 2025). · cites it 4× “See 8 U.S.C. § 1255b(b) (“[T]he Attorney General, in his discretion, may 19 record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.”

Maalouf v. Section 13 Officer (D.D.C. 2009). · cites it 2× “) Soon thereafter, Maalouf applied for a readjustment of her immigration status pursuant to 8 U.S.C. § 1255b ("Section 13,,)3 in an attempt to obtain permanent resident status.”

Commonwealth v. Tuan Van Nguyen, 32 Mass. L. Rptr. 695 (Mass. Super. Ct. 2015). · cites it 2× “In order to qualify for an adjustment of immigration status “to that of an alien lawfully admitted for permanent residence,” an alien must demonstrate that he, among other things, “is a person of good moral character.”

— 8 U.S.C. § 1255b(b) — 7 cases

Chien-Shih Wang v. Attorney Gen. of the United States George W. Geil, Dist. Dir. of the Immigr. & Naturalization Serv., 823 F.2d 1273 (8th Cir. 1987). “He went to the INS office in Kansas City (Kansas City INS) and was given forms to apply for adjustment of immigration status for himself and his family under § 13 of the Immigration and Nationality Act of September 11, 1957, 8 U.S.C. § 1255b(b). Section 13 permits foreign…”

Chien-Shih Wang v. Attorney Gen. of United States, 636 F. Supp. 1208 (W.D. Mo. 1986). “On June 29, 1982, plaintiff filed a complaint against the Attorney General of the United States and the District Director of the Immigration and Naturalization Service (INS) requesting a declaratory judgment that defendants process plaintiffs application for status as a…”

Maalouf v. Wiemann, 654 F. Supp. 2d 6 (D.D.C. 2009). “) Soon thereafter, Maalouf applied for a readjustment of her immigration status pursuant to 8 U.S.C. § 1255b (“Section 13”) 3 in an attempt to obtain permanent resident status.”

Mohammad Qatanani v. Attorney Gen. United States of Am. (3rd Cir. 2025). “See 8 U.S.C. § 1255b(b) (“[T]he Attorney General, in his discretion, may 19 record the alien’s lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.”

Almabruk v. Robinson (M.D. Penn. 2024). “8 U.S.C. § 1255b. Specifically, Section 13 states in its entirety: Notwithstanding any other provision of law— (a)Application.”

— 8 U.S.C. § 1255b(c) — 2 cases

— 8 U.S.C. § 1255b(d) — 1 case

Almabruk v. Robinson (M.D. Penn. 2024). “8 U.S.C. § 1255b. Specifically, Section 13 states in its entirety: Notwithstanding any other provision of law— (a)Application.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.