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8 U.S.C. § 1257Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

submitted 74 years ago by ch. 477 to r/title-8-ALIENS-AND-NATIONALITY · 217 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Attorney General must change a lawful permanent resident's status to certain diplomatic or international-organization nonimmigrant status when the person has the required occupational status. The person may avoid the change by filing a written waiver of the related privileges.

(a) Under regulations, the Attorney General must change a permanent resident's status to nonimmigrant status under the listed categories if the person's occupation would qualify for that status at admission. On the order's date, the Attorney General must cancel the permanent-residence admission record, ending immigrant status. (b) This required change does not apply if the person asks to keep immigrant status and files the required written waiver of all rights, privileges, exemptions, and immunities that would otherwise arise from the qualifying occupation.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of June 27, 1952, ch. 477 · 66 Stat. 218
  • 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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