U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— IMMIGRATION › Part Part V— Adjustment and Change of Status

8 U.S.C. § 1257

Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

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(a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) of this title, if such alien had at the time of admission or subsequently acquires an occupational status which would, if he were seeking admission to the United States, entitle him to a nonimmigrant status under such paragraphs. As of the date of the Attorney General’s order making such adjustment of status, the Attorney General shall cancel the record of the alien’s admission for permanent residence, and the immigrant status of such alien shall thereby be terminated.(b) The adjustment of status required by subsection (a) shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of section 1101(a) of this title.(June 27, 1952, ch. 477, title II, ch. 5, § 247, 66 Stat. 218; Pub. L. 104–208, div. C, title III, § 308(f)(1)(P), Sept. 30, 1996, 110 Stat. 3009–621.)Editorial NotesAmendments

1996—Subsec. (a). Pub. L. 104–208 substituted “time of admission” for “time of entry”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by 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.

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.

Notes of Decisions
Cited in 15 cases, 1967–2020 · leading case: Catherine Torres v. William Barr, 976 F.3d 918 (9th Cir. 2020).
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Catherine Torres v. William Barr, 976 F.3d 918 (9th Cir. 2020). “For example, in 8 U.S.C. § 1257 (a), Congress permitted the Attorney General to adjust the status of an immigrant who met certain conditions “at the time of admission or subsequently.”
United States v. Sabri Yakou, 428 F.3d 241 (D.C. Cir. 2005). “l opinion from the Acting General Counsel of the Immigration and Naturalization Service (“INS”) stating that a LPR “remains a lawful permanent resident until the Government proves otherwise in deportation or exclusion proceedings against him or her, or until the petitioner…”
Saxbe v. Bustos, 419 U.S. 65 (1974). · cites it 2× “But we read the Act as did the Ninth Circuit in the Gooch case to mean that the change in status which Congress had in mind was a change from an immigrant lawfully admitted for permanent residence to the status of a nonimmigrant pursuant to 8 U. S. C. § 1257 . 433 F. 2d, at 79 .…”
Doe v. St. Louis Cmty. Coll., 526 S.W.3d 329 (Mo. Ct. App. 2017). “However, the court identified numerous portions of the statutes, cases, and administrative agency decisions, applying the statutes, which use some form of the term "resident alien” as shorthand to refer to "lawful permanent resident.”
Edward Ying, & Felilu Ying v. Comm'r of Internal Revenue, Cross-Appellee, 25 F.3d 84 (2d Cir. 1994). · cites it 3× “See INA § 247(a), 8 U.S.C. § 1257 (a); see also Nauck v. Immigration & Naturalization Serv.”
Fredy Paul Albillo-Figueroa v. Immigr. & Naturalization Serv., 221 F.3d 1070 (9th Cir. 2000). “8 U.S.C. § 1257 was formerly codified at 8 U.”
Foley v. Connelie, 419 F. Supp. 889 (S.D.N.Y. 1976). · cites it 2× “Aliens are eligible for the United States draft only if they have immigrant status, 32 C.F.R. § 1611.”
Julio Garcia Rivera v. Immigr. & Naturalization Serv., 791 F.2d 1202 (5th Cir. 1986). “In Matter ofS- the Board then turned to the key phrase “such status not having *1206 changed” and stated that this language referred to aliens who have changed their status from immigrants to nonimmigrants pursuant section 247, 8 U.S.C. § 1257 . “[I]t is logical to assume that…”
United States v. Yakou, Sabri, 393 F.3d 231 (D.C. Cir. 2005). “l opinion from the Acting General Counsel of the Immigration and Naturalization Service (“INS”) stating that a LPR “remains a lawful permanent resident until the Government proves otherwise in deportation or exclusion proceedings against him or her, or until the petitioner…”
Wing Wa Lee v. Immigr. & Naturalization Serv., 375 F.2d 723 (9th Cir. 1967). “( 8 U.S.C. § 1257 ), and 249 ( 8 U.S.C. § 1259 ).”
Cheng Ho Mui & Pun Yi Pan v. Dominick Rinaldi, as Dist. Dir. of the Immigr. & Naturalization Serv. of New Jersey, 408 F.2d 28 (3rd Cir. 1969). “§ 1254 (a)); (2) they are alien crewmen whose status cannot be adjusted under Section 245 ( 8 U.”
United States v. Roman Stanislaw Ryba, 441 F.2d 1137 (3rd Cir. 1971). “8 U.S.C. § 1257 . But the registrant’s situation is not covered by that statute.”
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