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. § 1258

Change of nonimmigrant classification

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(a) The Secretary of Homeland Security may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title), except (subject to subsection (b)) in the case of—(1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of section 1101(a)(15) of this title,(2) an alien classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who came to the United States or acquired such classification in order to receive graduate medical education or training,(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of section 1101(a)(15) of this title who is subject to the two-year foreign residence requirement of section 1182(e) of this title and has not received a waiver thereof, unless such alien applies to have the alien’s classification changed from classification under subparagraph (J) of section 1101(a)(15) of this title to a classification under subparagraph (A) or (G) of such section, and(4) an alien admitted as a nonimmigrant visitor without a visa under section 1182(l) of this title or section 1187 of this title.(b) The exceptions specified in paragraphs (1) through (4) of subsection (a) shall not apply to a change of nonimmigrant classification to that of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title.(June 27, 1952, ch. 477, title II, ch. 5, § 248, 66 Stat. 218; Pub. L. 87–256, § 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L. 97–116, § 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99–603, title III, § 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103–322, title XIII, § 130003(b)(3), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 104–208, div. C, title III, § 301(b)(2), title VI, § 671(a)(2), Sept. 30, 1996, 110 Stat. 3009–578, 3009–721; Pub. L. 109–162, title VIII, § 821(c)(1), Jan. 5, 2006, 119 Stat. 3062.)Editorial NotesAmendments

2006—Pub. L. 109–162 designated existing provisions as subsec. (a), substituted “Secretary of Homeland Security” for “Attorney General”, inserted “(subject to subsection (b))” after “except” in introductory provisions, and added subsec. (b).

1996—Pub. L. 104–208, § 301(b)(2), in introductory provisions, inserted “and who is not inadmissible under section 1182(a)(9)(B)(i) of this title (or whose inadmissibility under such section is waived under section 1182(a)(9)(B)(v) of this title)” after “maintain that status”.

Par. (1). Pub. L. 104–208, § 671(a)(2), made technical amendment to directory language of Pub. L. 103–322, § 130003(b)(3). See 1994 Amendment note below.

1994—Par. (1). Pub. L. 103–322, § 130003(b)(3), as amended by Pub. L. 104–208, § 671(a)(2), substituted “(K), or (S)” for “or (K)”.

1986—Par. (4). Pub. L. 99–603 added par. (4).

1981—Pub. L. 97–116 permitted certain exchange visitors who are not subject to a requirement of returning to their home countries for two years, or who have had such requirement waived, to adjust to a visitor or diplomat status, prohibited the adjustment of nonimmigrant status by fiancee or fiance nonimmigrants, and specifically precluded the change of status with respect to doctors who have entered the United States as exchange visitors for graduate medical training, even if they have received a waiver of the two-year foreign residence requirement.

1961—Pub. L. 87–256 inserted references to paragraph (15)(J) of section 1101(a) of this title in two places.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by section 301(b)(2) 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 671(a)(2) of Pub. L. 104–208 effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103–322, see section 671(a)(7) 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.

Notes of Decisions
Cited in 54 cases (8 in the last 5 years), 1957–2025 · leading case: Abolfazl Salehpour v. Immigr. & Naturalization Serv., 761 F.2d 1442 (9th Cir. 1985).
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Abolfazl Salehpour v. Immigr. & Naturalization Serv., 761 F.2d 1442 (9th Cir. 1985). · cites it 9× “, filed a petition to classify him as a temporary worker (H-l) and an application to change his nonimmigrant status (F-l to H-l) pursuant to 8 U.S.C. § 1258 . These documents indicated that Salehpour was to commence employment May 1, 1982.”
Garcia-Garcia v. Sessions, 856 F.3d 27 (1st Cir. 2017). · cites it 2× “It has done so in regulations that attempt to harmonize the three statutory provisions -- 8 U.S.C. §§ 1258 (a)(1), 1231(a)(5) and 1231(b)(3)(A) -- along with the United States' obligations under the Convention Against Torture ("CAT").”
Immigr. & Naturalization Serv. v. Aguirre-Aguirre, 526 U.S. 415 (1999). “8 U. S. C. § 1258 (h)(1). By its terms, the statute thus requires independent consideration of the risk of persecution facing the alien before granting withholding.”
Delgado v. Holder, 648 F.3d 1095 (9th Cir. 2011). “244, 245 (BIA 1982), superseded on other grounds by statute, 8 U.S.C. § 1258 (h) (1991), as recognized in Miguel-Miguel v.”
Miguel-Miguel v. Gonzales, 500 F.3d 941 (9th Cir. 2007). “29, 1990); 8 U.S.C. § 1258 (h) (1991). This amendment overruled Frentescu and Beltran-Zavala by precluding case-by-case analysis for any aggravated felony.”
Compton James Richards v. Immigr. & Naturalization Serv., 554 F.2d 1173 (D.C. Cir. 1977). “ted States as a nonimmigrant who is continuing to maintain that status, except an alien classified as a nonimmigrant under paragraph (15)(D) of section 1101(a) of this title, or an alien classified as a nonimmigrant under paragraph (15)(C) or (J) of section 1101(a) of this title…”
Virginia Ragon Achacoso-Sanchez v. Immigr. & Naturalization Serv., 779 F.2d 1260 (7th Cir. 1985). “She requested the privilege of voluntary departure, and the immigration judge accommodated her, allowing her until April 15, 1980, to leave. She did not appeal this decision to the Board of Immigration Appeals.”
Serrano v. U.S. Attorney Gen., 655 F.3d 1260 (11th Cir. 2011). “28, 1993) (concluding that an alien who entered the United States without inspection is eligible to change his nonimmigrant status under 8 U.S.C. § 1258 , but noting that, unlike § 1255, § 1258 does not require inspection or admission).”
Abrahim Baballah Ula Baballah Ahmad Baballah v. John Ashcroft, Attorney Gen., 335 F.3d 981 (9th Cir. 2003). “§ 1158 , and withholding of removal under section 248(h) of the INA, 8 U.S.C. § 1258 (h). To the extent that the BIA incorporates the IJ’s decision as its own, we treat the IJ’s statement of reasons as the BIA’s.”
United States v. Flores, 404 F.3d 320 (5th Cir. 2005). “§ 1255 ] and change of status under [ 8 U.S.C. § 1258 ], the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant.”
Arguelles, 22 I. & N. Dec. 811 (BIA 1999). “II 1996) (adjustment of status); 248, 8 U.S.C. § 1258 (1994 & Supp. II 1996) (change of status); and 249, 8 U.”
H-g-g, 27 I. & N. Dec. 617 (BIA 2019). “Section 248(a) of the Act, 8 U.S.C. § 1258 (a). For example, if an F-1 nonimmigrant student was granted TPS while still in her duration of stay in F-1 status, and her duration of stay subsequently expired, the student would not be disqualified for adjustment or change of status…”
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— 8 U.S.C. § 1258(a)(1) — 1 case
Garcia-Garcia v. Sessions, 856 F.3d 27 (1st Cir. 2017). “It has done so in regulations that attempt to harmonize the three statutory provisions -- 8 U.S.C. §§ 1258 (a)(1), 1231(a)(5) and 1231(b)(3)(A) -- along with the United States' obligations under the Convention Against Torture ("CAT").”
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