Adjustment of status of nonimmigrant to that of person admitted for permanent residence8 U.S.C. § 1255
Regulations under it: 8 C.F.R. § 204.11
3 opinions cite 8 U.S.C. § 1255
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In re F.J.G.M. 196 So. 3d 534 · 3D15-0546 · 3rd DCA 2016
· cited by 2 in all courts
Denial of a private dependency petition sought for immigration status affirmed; the father's abandonment was too remote and the mother cared for the child.
…court issues a best interest order, he can then apply for SIJ status, which, if obtained, will permit the child to apply for adjustment of status under 8 U.S.C. § 1255 in an effort to obtain legal permanent residency and, eventually, United States citizenship. 8 U.S.C. § 1255. As the Third Circuit Court of Appeals…
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In re S.A.R.D. 182 So. 3d 897 · 3D15-1472 · 3rd DCA 2016
· cited by 4 in all courts
Denial of an immigrant teen's private dependency petition affirmed because the father's abandonment was remote and the mother had not abandoned or neglected him.
…paroled into the United States” for purposes of discretionary adjustment of his status “to that of an alien lawfully admitted for permanent residence.” . 8 U.S.C.A. § 1255 (a), (h)(1), and certain grounds of-inadmissibility do not- apply (including unlawful entry into the- United States), and other grounds may be waived by the…
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In the Interest of Y v. a Minor Child 160 So. 3d 576 · 1D14-5713 · 1st DCA 2015
· cited by 7 in all courts
Dismissal of a child's dependency petition reversed: abuse abroad can support dependency, an SIJ-status motive does not invalidate it, and no jurisdictional bar was shown.
…SIJ status as an immigration classification that allows a child to apply to become a permanent resident of the United States. 8 U.S.C. §§ 1101(a)(27)(J), 1255(a), (h)(1). The law defines this status in such a way as to envision findings from both state and federal officials. See 8 U.S.C. §§ 1101(a)(27)(J). As the…
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1 section of law cite 8 U.S.C. § 1255
Florida statutes and court rules that cite it, and federal law that cites it or is issued under it.
- 8 C.F.R. § 204.11 Special immigrant juvenile classification Issued under it
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(h) Application with respect to special immigrants. In applying this section to a special immigrant described in section 1101(a)(27)(J) of this title—
(1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and
(2) in determining the alien's admissibility as an immigrant—
(A) paragraphs (4), (5)(A), (6)(A), (6)(C), (6)(D), (7)(A), and (9)(B) of section 1182(a) of this title shall not apply; and
(B) the Attorney General may waive other paragraphs of section 1182(a) of this title (other than paragraphs (2)(A), (2)(B), (2)(C) (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest.
The relationship between an alien and the alien's natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 1101(a)(27)(J) of this title shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section.
Source. (June 27, 1952, ch. 477, title II, ch. 5, §245, 66 Stat. 217; Pub. L. 85–700, §1, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86–648, §10, July 14, 1960, 74 Stat. 505; Pub. L. 89–236, §13, Oct. 3, 1965, 79 Stat. 918; Pub. L. 94–571, §6, Oct. 20, 1976, 90 Stat. 2705; Pub. L. 97–116, §5(d)(2), Dec. 29, 1981, 95 Stat. 1614; Pub. L. 99–603, title I, §117, title III, §313(c), Nov. 6, 1986, 100 Stat. 3384, 3438; Pub. L. 99–639, §§2(e), 3(b), 5(a), Nov. 10, 1986, 100 Stat. 3542, 3543; Pub. L. 100–525, §§2(f)(1), (p)(3), 7(b), Oct. 24, 1988, 102 Stat. 2611, 2613, 2616; Pub. L. 101–649, title I, §§121(b)(4), 162(e)(3), title VII, §702(a), Nov. 29, 1990, 104 Stat. 5011, 5086; Pub. L. 102–110, §2(c), Oct. 1, 1991, 105 Stat. 556; Pub. L. 102–232, title III, §§302(d)(2), (e)(7), 308(a), Dec. 12, 1991, 105 Stat. 1744, 1746, 1757; Pub. L. 103–317, title V, §506(b), Aug. 26, 1994, 108 Stat. 1765; Pub. L. 103–322, title XIII, §130003(c), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 103–416, title II, §219(k), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104–132, title IV, §413(d), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104–208, div. C, title III, §§308(f)(1)(O), (2)(C), (g)(10)(B), 375, 376(a), title VI, §671(a)(4)(A), (5), Sept. 30, 1996, 110 Stat. 3009–621, 3009–625, 3009–648, 3009–721; Pub. L. 105–119, title I, §§110(3), 111(a), (c), Nov. 26, 1997, 111 Stat. 2458; Pub. L. 106–386, div. A, §107(f), div. B, title V, §§1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat. 1479, 1527, 1536; Pub. L. 106–553, §1(a)(2) [title XI, §§1102(c), (d)(2), 1103(c)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A–143 to 2762A–145; Pub. L. 106–554, §1(a)(4) [div. B, title XV, §1502], Dec. 21, 2000, 114 Stat. 2763, 2763A–324; Pub. L. 108–193, §§4(b)(3), 8(a)(4), Dec. 19, 2003, 117 Stat. 2879, 2886; Pub. L. 109–162, title VIII, §803, Jan. 5, 2006, 119 Stat. 3054; Pub. L. 109–271, §6(f), Aug. 12, 2006, 120 Stat. 763; Pub. L. 110–457, title II, §§201(d), (e), 235(d)(3), Dec. 23, 2008, 122 Stat. 5053, 5054, 5080; Pub. L. 117–103, div. BB, §102(d), Mar. 15, 2022, 136 Stat. 1075.)