8 USC 1229b - Cancellation of removal; adjustment of status

U.S Code last checked for updates: Nov 25, 2024

§ 1229b.

Cancellation of removal; adjustment of status

(a)

Cancellation of removal for certain permanent residents

The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien—

(1)

has been an alien lawfully admitted for permanent residence for not less than 5 years,

(2)

has resided in the United States continuously for 7 years after having been admitted in any status, and

(3)

has not been convicted of any aggravated felony.

(b)

Cancellation of removal and adjustment of status for certain nonpermanent residents

(1)

In general

The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien—

(A)

has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B)

has been a person of good moral character during such period;

(C)

has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and

(D)

establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

(2)

Special rule for battered spouse or child

(A)

Authority

(i)

(I)

the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent);

(II)

the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or

(III)

the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or lawful permanent resident’s bigamy;

(ii)

the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States;

(iii)

the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C);

(iv)

the alien is not inadmissible under paragraph (2) or (3) of section 1182(a) of this title, is not deportable under paragraphs (1)(G) or (2) through (4) of section 1227(a) of this title, subject to paragraph (5), and has not been convicted of an aggravated felony; and

(v)

the removal would result in extreme hardship to the alien, the alien’s child, or the alien’s parent.

(B)

Physical presence

(C)

Good moral character

(D)

Credible evidence considered

(3)

Recordation of date

(4)

Children of battered aliens and parents of battered alien children

(A)

In general

The Attorney General shall grant parole under section 1182(d)(5) of this title to any alien who is a—

(i)

child of an alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996); or

(ii)

parent of a child alien granted relief under section 1229b(b)(2) or 1254(a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).

(B)

Duration of parole

(5)

Application of domestic violence waiver authority

(6)

Relatives of trafficking victims

(A)

In general

Upon written request by a law enforcement official, the Secretary of Homeland Security may parole under section 1182(d)(5) of this title any alien who is a relative of an alien granted continued presence under section 7105(c)(3)(A) of title 22, if the relative—

(i)

was, on the date on which law enforcement applied for such continued presence—

(I)

in the case of an alien granted continued presence who is under 21 years of age, the spouse, child, parent, or unmarried sibling under 18 years of age, of the alien; or

(II)

in the case of an alien granted continued presence who is 21 years of age or older, the spouse or child of the alien; or

(ii)

is a parent or sibling of the alien who the requesting law enforcement official, in consultation with the Secretary of Homeland Security, as appropriate, determines to be in present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement, irrespective of age.

(B)

Duration of parole

(i)

In general

(ii)

Other limits on duration

If an application described in clause (i) is not filed, the parole granted under subparagraph (A) may extend until the later of—

(I)

the date on which the principal alien’s authority to remain in the United States under section 7105(c)(3)(A) of title 22 is terminated; or

(II)

the date on which a civil action filed by the principal alien under section 1595 of title 18 is concluded.

(iii)

Due diligence

(C)

Other limitations

A relative may not be granted parole under this paragraph if—

(i)

the Secretary of Homeland Security or the Attorney General has reason to believe that the relative was knowingly complicit in the trafficking of an alien permitted to remain in the United States under section 7105(c)(3)(A) of title 22; or

(ii)

the relative is an alien described in paragraph (2) or (3) of section 1182(a) of this title or paragraph (2) or (4) of section 1227(a) of this title.

(c)

Aliens ineligible for relief

The provisions of subsections (a) and (b)(1) shall not apply to any of the following aliens:

(1)

An alien who entered the United States as a crewman subsequent to June 30, 1964.

(2)

An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of this title, or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence requirement of section 1182(e) of this title.

(3)

An alien who—

(A)

was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101(a)(15)(J) of this title or has acquired the status of such a nonimmigrant exchange alien after admission other than to receive graduate medical education or training,

(B)

is subject to the two-year foreign residence requirement of section 1182(e) of this title, and

(C)

has not fulfilled that requirement or received a waiver thereof.

(4)

An alien who is inadmissible under section 1182(a)(3) of this title or deportable under section 1227(a)(4) of this title.

(5)

An alien who is described in section 1231(b)(3)(B)(i) of this title.

(6)

An alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 1254(a) of this title or who has been granted relief under section 1182(c) of this title, as such sections were in effect before September 30, 1996.

(d)

Special rules relating to continuous residence or physical presence

(1)

Termination of continuous period

(2)

Treatment of certain breaks in presence

(3)

Continuity not required because of honorable service in Armed Forces and presence upon entry into service

The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) shall not apply to an alien who—

(A)

has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and

(B)

at the time of the alien’s enlistment or induction was in the United States.

(e)

Annual limitation

(1)

Aggregate limitation

(2)

Fiscal year 1997

(3)

Exception for certain aliens

Paragraph (1) shall not apply to the following:

(A)

Aliens described in section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Nicaraguan Adjustment and Central American Relief Act).

(B)

Aliens in deportation proceedings prior to April 1, 1997, who applied for suspension of deportation under section 1254(a)(3) of this title (as in effect before September 30, 1996).

(June 27, 1952, ch. 477, title II, ch. 4, § 240A, as added Pub. L. 104–208, div. C, title III, § 304(a)(3), Sept. 30, 1996, 110 Stat. 3009–594; amended Pub. L. 105–100, title II, § 204(a)–(c), Nov. 19, 1997, 111 Stat. 2200, 2201; Pub. L. 106–386, div. B, title V, §§ 1504(a), (b), 1505(b)(2), 1506(b)(1), Oct. 28, 2000, 114 Stat. 1522, 1524, 1525, 1527; Pub. L. 109–162, title VIII, §§ 813(c)(1), 822(a), (b), Jan. 5, 2006, 119 Stat. 3058, 3062, 3063; Pub. L. 109–271, § 6(e), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–457, title II, § 205(b), Dec. 23, 2008, 122 Stat. 5062.)

cite as: 8 USC 1229b