Reference Citation

INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF
PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]

(a)
The status of an alien who was inspected and admitted or paroled into the United
States 1/ or the status of any other alien having an approved petition for classification as a
VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and
under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent
residence if

(1) the alien makes an application for such adjustment,

(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for
permanent residence, and

(3) an immigrant visa is immediately available to him at the time his application is filed.

(b) Upon the approval of an application for adjustment made under subsection (a), the
Attorney General shall record the alien's lawful admission for permanent residence as of the
date the order of the Attorney General approving the application for the adjustment of status is
made, and the Secretary of State shall reduce by one the number of the preference visas
authorized to be issued under sections 202 and
203
within the class to which the alien is
chargeable for the fiscal year then current.
(c)
1/ Other than an alien having an approved petition for classification as a VAWA selfpetitioner, 1aa/
subsection (a) shall not be applicable to
(1) an alien crewman;
(2) 1/ subject to subsection (k), an alien (other than an immediate relative as defined in
section 201(b) or a special immigrant described in
section 101(a)(27)(H) , (I)
,
(J)
, or (K) ) who hereafter continues in or
accepts unauthorized employment prior to filing an application for adjustment of status or who is
in unlawful immigration status on the date of filing the application for adjustment of status or who
has failed (other than through no fault of his own or for technical reasons) to maintain
continuously a lawful status since entry into the United States;
(3) any alien admitted in transit without visa under section 212(d)(4)(C) ;
(4) an alien (other than an immediate relative as defined in section 201(b) ) who was
admitted as a nonimmigrant visitor without a visa under section 212(l) or section 217 ;
(5) an alien who was admitted as a nonimmigrant described in section 101(a)(15)(S) ;

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INA: ACT 264 - FORMS AND PROCEDURE
Sec. 264. [8 U.S.C. 1304]

(a) The Attorney General and the Secretary of State jointly are authorized and directed to
prepare forms for the registration of aliens under section 261 of this title, and the Attorney
General is authorized and directed to prepare forms for the registration and fingerprinting of
aliens under section 262 of this title. Such forms shall contain inquiries with respect to (1) the
date and place of entry of the alien into the United States; (2) activities in which he has been
and intends to be engaged; (3) the length of time he expects to remain in the United States; (4)
the police and criminal record, if any, of such alien; and (5) such additional matters as may be
prescribed.
(b) All registration and fingerprint records made under the provisions of this title shall be
confidential, and shall be made available only (1) pursuant to section 287(f)(2), and (2) to such
persons or agencies as may be designated by the Attorney General.
(c) Every person required to apply for the registration of himself or another under this title shall
submit under oath the information required for such registration. Any person authorized under
regulations issued by the Attorney General to register aliens under this title shall be authorized
to administer oaths for such purpose.
(d) Every alien in the United States who has been registered and fingerprinted under the
provisions of the Alien Registration Act, 1940, or under the provisions of this Act shall be issued
a certificate of alien registration or an alien registration receipt card in such form and manner
and at such time as shall be prescribed under regulations issued by the Attorney General.
(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his
personal possession any certificate of alien registration or alien registration receipt card issued
to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this
subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined
not to exceed $100 or be imprisoned not more than thirty days, or both.
(f) 1/ Notwithstanding any other provision of law, the Attorney General is authorized to require
any alien to provide the alien's social security account number for purposes of inclusion in any
record of the alien maintained by the Attorney General or the Service.