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8 U.S.C. § 1256 — Rescission of adjustment of status; effect upon naturalized citizen

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 255 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within five years, the Attorney General must rescind an adjustment to permanent residence if the person was not eligible for it. A naturalized citizen whose citizenship was based on that rescinded adjustment is subject to the denaturalization rules in section 1451.

(a) Within five years after an adjustment under section 1255, 1259, or another law, if the Attorney General finds that the person was not eligible, the Attorney General must rescind the adjustment and any cancellation of removal and treat the person as though the adjustment never happened. Rescission need not occur before removal proceedings begin; an immigration judge's removal order is enough. (b) A naturalized citizen whose citizenship was based on such an ineligible adjustment, later rescinded, is subject to section 1451 as someone whose naturalization was obtained by concealing a material fact or willfully misrepresenting one.

the actual law source: uscode.house.gov ↗public domain
(a)

If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status.

(b)

Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 1451 of this title as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.

Source credit: (June 27, 1952, ch. 477, title II, ch. 5, § 246, 66 Stat. 217; Pub. L. 103–416, title II, § 219(m), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–208, div. C, title III, §§ 308(e)(1)(H), 378(a), Sept. 30, 1996, 110 Stat. 3009–619, 3009–649.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 217
  • 1994Amended · Pub. L. 103-416 · 108 Stat. 4317
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009

A history note hasn’t been published yet. The record shows enactment by ch. 477 on 1952-06-27.

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