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U.S. Code as of:
01/03/05
Section 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 (except in
a case described in section 1227(a)(7) of this title where the
Attorney General exercises discretion to grant a waiver); 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
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 demonstrates that -
(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 (except in a case described in section 1227(a)(7)
of this title where the Attorney General exercises discretion
to grant a waiver), 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
Notwithstanding subsection (d)(2) of this section, for
purposes of subparagraph (A)(i)(II) or for purposes of section
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), an alien shall not
be considered to have failed to maintain continuous physical
presence by reason of an absence if the alien demonstrates a
connection between the absence and the battering or extreme
cruelty perpetrated against the alien. No absence or portion of
an absence connected to the battering or extreme cruelty shall
count toward the 90-day or 180-day limits established in
subsection (d)(2) of this section. If any absence or aggregate
absences exceed 180 days, the absences or portions of the
absences will not be considered to break the period of
continuous presence. Any such period of time excluded from the
180-day limit shall be excluded in computing the time during
which the alien has been physically present for purposes of the
3-year requirement set forth in subsection (b)(2)(B) of this
section and section 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).
(C) Good moral character
Notwithstanding section 1101(f) of this title, an act or
conviction that does not bar the Attorney General from granting
relief under this paragraph by reason of subparagraph (A)(iv)
shall not bar the Attorney General from finding the alien to be
of good moral character under subparagraph (A)(i)(III) or
section 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), if the
Attorney General finds that the act or conviction was connected
to the alien's having been battered or subjected to extreme
cruelty and determines that a waiver is otherwise warranted.
(D) Credible evidence considered
In acting on applications under this paragraph, the Attorney
General shall consider any credible evidence relevant to the
application. The determination of what evidence is credible and
the weight to be given that evidence shall be within the sole
discretion of the Attorney General.
(3) Recordation of date
With respect to aliens who the Attorney General adjusts to the
status of an alien lawfully admitted for permanent residence
under paragraph (1) or (2), the Attorney General shall record the
alien's lawful admission for permanent residence as of the date
of the Attorney General's cancellation of removal under paragraph
(1) or (2).
(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
The grant of parole shall extend from the time of the grant
of relief under subsection (b)(2) of this section or section
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) to the time the
application for adjustment of status filed by aliens covered
under this paragraph has been finally adjudicated. Applications
for adjustment of status filed by aliens covered under this
paragraph shall be treated as if they were applications filed
under section 1154(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii)
of this title for purposes of section 1255 (a) and (c) of this
title. Failure by the alien granted relief under subsection
(b)(2) of this section or section 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) to exercise due diligence in filing a visa
petition on behalf of an alien described in clause (i) or (ii)
may result in revocation of parole.
(c) Aliens ineligible for relief
The provisions of subsections (a) and (b)(1) of this section
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
For purposes of this section, any period of continuous
residence or continuous physical presence in the United States
shall be deemed to end (A) except in the case of an alien who
applies for cancellation of removal under subsection (b)(2) of
this section, when the alien is served a notice to appear under
section 1229(a) of this title, or (B) when the alien has
committed an offense referred to in section 1182(a)(2) of this
title that renders the alien inadmissible to the United States
under section 1182(a)(2) of this title or removable from the
United States under section 1227(a)(2) or 1227(a)(4) of this
title, whichever is earliest.
(2) Treatment of certain breaks in presence
An alien shall be considered to have failed to maintain
continuous physical presence in the United States under
subsections (b)(1) and (b)(2) of this section if the alien has
departed from the United States for any period in excess of 90
days or for any periods in the aggregate exceeding 180 days.
(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) of
this section 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
Subject to paragraphs (2) and (3), the Attorney General may not
cancel the removal and adjust the status under this section, nor
suspend the deportation and adjust the status under section
1254(a) of this title (as in effect before September 30, 1996),
of a total of more than 4,000 aliens in any fiscal year. The
previous sentence shall apply regardless of when an alien applied
for such cancellation and adjustment, or such suspension and
adjustment, and whether such an alien had previously applied for
suspension of deportation under such section 1254(a) of this
title. The numerical limitation under this paragraph shall apply
to the aggregate number of decisions in any fiscal year to cancel
the removal (and adjust the status) of an alien, or suspend the
deportation (and adjust the status) of an alien, under this
section or such section 1254(a) of this title.
(2) Fiscal year 1997
For fiscal year 1997, paragraph (1) shall only apply to
decisions to cancel the removal of an alien, or suspend the
deportation of an alien, made after April 1, 1997.
Notwithstanding any other provision of law, the Attorney General
may cancel the removal or suspend the deportation, in addition to
the normal allotment for fiscal year 1998, of a number of aliens
equal to 4,000 less the number of such cancellations of removal
and suspensions of deportation granted in fiscal year 1997 after
April 1, 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).
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