Immigration and Nationality Act (2011)
Law and Software Edition
TITLE II:
IMMIGRATION
Part V
Adjustment and Change of Status
§ 245A (8 USC 1255a) Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence
a.
Temporary resident status
1.
Timely application
A.
During application period
B.
Application within 30 days of show-cause order
C.
Information included in application
2.
Continuous unlawful residence since 1982
A.
In general
B.
Nonimmigrants
C.
Exchange visitors
3.
Continuous physical presence since November 6, 1986
A.
In general
B.
Treatment of brief, casual, and innocent absences
C.
Admissions
4.
Admissible as immigrant
b.
Subsequent adjustment to permanent residence and nature of temporary resident status
1.
Adjustment to permanent residence
A.
Timely application after one year's residence
B.
Continuous residence
i.
In general
ii.
Treatment of certain absences
C.
Admissible as immigrant
D.
Basic citizenship skills
i.
In general
ii.
Exception for elderly or developmentally disabled individuals
iii.
Relation to naturalization examination
2.
Termination of temporary residence
3.
Authorized travel and employment during temporary residence
A.
Authorization of travel abroad
B.
Authorization of employment
c.
Applications for adjustment of status
1.
To whom may be made
2.
Designation of qualified entities to receive applications
3.
Treatment of applications by designated entities
4.
Limitation on access to information
5.
Confidentiality of information
A.
In general
B.
Required disclosures
C.
Authorized disclosures
D.
Construction
i.
In general
ii.
Criminal convictions
E.
Crime
6.
Penalties for false statements in applications
7.
Application fees
A.
Fee schedule
B.
Use of fees
C.
Immigration-related unfair employment practices
d.
Waiver of numerical limitations and certain grounds for exclusion
1.
Numerical limitations do not apply
2.
Waiver of grounds for exclusion
A.
Grounds of exclusion not applicable
B.
Waiver of other grounds
i.
In general
ii.
Grounds that may not be waived
iii.
Special rule for determination of public charge
C.
Medical examination
e.
Temporary stay of deportation and work authorization for certain applicants
1.
Before application period
2.
During application period
f.
Administrative and judicial review
1.
Administrative and judicial review
2.
No review for late filings
3.
Administrative review
A.
Single level of administrative appellate review
B.
Standard for review
4.
Judicial review
A.
Limitation to review of deportation
B.
Standard for judicial review
C.
Jurisdiction of courts
g.
Implementation of section
1.
Regulations
2.
Considerations
A.
Periods of continuous residence
B.
Absences caused by deportation or advanced parole
C.
Waivers of certain absences
D.
Use of certain documentation
3.
Interim final regulations
h.
Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance
1.
In general
2.
Exceptions
3.
Restricted medicaid benefits
A.
Clarification of entitlement
B.
Restriction of benefits
i.
Limitation to emergency services and services for pregnant women
ii.
No restriction for exempt aliens and children
C.
Definition of medical assistance
4.
Treatment of certain programs
5.
Adjustment not affecting Fascell-Stone benefits
i.
Dissemination of information on legalization program