Title 8Aliens and NationalityRelease 119-73

§1257 Adjustment of status of certain resident aliens to nonimmigrant status; exceptions

Title 8 › Chapter CHAPTER 12— - IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER II— - IMMIGRATION › Part Part V— - Adjustment and Change of Status › § 1257

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must change a lawfully admitted permanent resident’s status to a nonimmigrant under paragraphs (15)(A), (E), or (G) of section 1101(a) if the person had, when admitted or later acquired, a work-related status that would qualify them for that nonimmigrant category if they were seeking entry. The change is made under rules the Attorney General sets. On the date of the order, the Attorney General cancels the person’s permanent residence record and their immigrant status ends. The change does not apply if the person asks to keep immigrant status and, in the form the Attorney General requires, files a written waiver giving up all rights, privileges, exemptions, and immunities under any law or executive order that would otherwise come from the work-related nonimmigrant status.

Full Legal Text

Title 8, §1257

Aliens and Nationality — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (a). Pub. L. 104–208 substituted “time of admission” for “time of entry”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104–208, set out as a note under section 1101 of this title. Abolition of Immigration and Naturalization Service and

Transfer of Functions

For abolition of Immigration and Naturalization Service,

Transfer of Functions

, and treatment of related references, see note set out under section 1551 of this title.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1257

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73