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Title 8, Aliens and NationalityRelease 119-102

§1257 Adjustment of Status of Certain Resident Aliens to Nonimmigrant Status; Exceptions

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

Last updated Aug 21, 2026|Official source

Summary

The Attorney General must change a lawful permanent resident’s status to a nonimmigrant under paragraph (15)(A), (E), or (G) of section 1101(a) if the person had, or later gets, a job-related status that would qualify them for that nonimmigrant category. On the date the Attorney General orders the change, the person’s permanent-residence record is canceled and their immigrant status ends. The change does not happen if the person asks to keep immigrant status and signs and files the form the Attorney General requires giving up any rights, privileges, exemptions, or protections that would come from the new occupational 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 8, Aliens and Nationality

Last Updated

Aug 21, 2026

Release point: 119-102