United States Code

8 U.S.C. § 1256

Rescission of adjustment of status; effect upon naturalized citizen

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Bills that would change it 31

  • HR 8827 ASSIMILATION Act Amends 1256(a) · introduced · 119th Congress
  • S 4542 BOOT Sharia Law Act Amends · introduced · 119th Congress
  • S 4546 ASSIMILATION Act Amends 1256(a) · introduced · 119th Congress
  • HR 4201 TPS Reform Act of 2025 Amends its part 1256(b), 1256(c)(2)(B) · introduced · 119th Congress
  • S 2106 SECURE Act Amends its part · introduced · 119th Congress
  • HR 696 End Unaccountable Amnesty Act Amends its part 1256(a)(27)(J) · introduced · 119th Congress
  • HR 3194 U.S. Citizenship Act Amends its part 1256(a), 1256(a)(15)(V) · introduced · 118th Congress
  • S 3987 Stateless Protection Act of 2024 Amends its part · introduced · 118th Congress
  • HR 7755 Stateless Protection Act of 2024 Amends its part · introduced · 118th Congress
  • HR 3043 Citizenship for Essential Workers Act Amends its part 1256(a)(48) · introduced · 118th Congress
  • S 1392 Citizenship for Essential Workers Act Amends its part 1256(a)(48) · introduced · 118th Congress
  • HR 9685 Refugee Protection Act of 2022 Amends its part 1256(a)(42), 1256(b)(1) · introduced · 117th Congress
  • HR 9671 Stateless Protection Act of 2022 Amends its part · introduced · 117th Congress
  • S 5330 Stateless Protection Act of 2022 Amends its part · introduced · 117th Congress
  • S 5353 Refugee Protection Act of 2022 Amends its part 1256(a)(42), 1256(b)(1) · introduced · 117th Congress
  • HR 7356 TPS Reform Act of 2022 Amends its part 1256(b), 1256(c)(2)(B) · introduced · 117th Congress
  • HR 1909 Citizenship for Essential Workers Act Amends its part 1256(a)(48) · introduced · 117th Congress
  • S 747 Citizenship for Essential Workers Act Amends its part 1256(a)(48) · introduced · 117th Congress
  • HR 1177 U.S. Citizenship Act Amends its part 1256(a), 1256(a)(15)(V) · introduced · 117th Congress
  • S 348 U.S. Citizenship Act Amends its part 1256(a), 1256(a)(15)(V) · introduced · 117th Congress
  • HR 4151 Undocumented Taxpayers Opportunity Act of 2019 Amends its part · introduced · 116th Congress
  • HR 3899 TPS Reform Act of 2019 Amends its part 1256(b), 1256(c)(2)(B) · introduced · 116th Congress
  • HR 641 Agricultural Worker Program Act of 2019 Amends its part · introduced · 116th Congress
  • S 175 Agricultural Worker Program Act of 2019 Amends its part · introduced · 116th Congress
  • S 2192 SECURE Act of 2017 Amends 1256(a) · introduced · 115th Congress
  • HR 3647 Save America Comprehensive Immigration Act of 2017 Amends its part 1256(j), 1256(i) · introduced · 115th Congress
  • S 1757 Building America's Trust Act Amends 1256(a) · introduced · 115th Congress
  • HR 2690 Agricultural Worker Program Act of 2017 Amends its part · introduced · 115th Congress
  • HR 2604 TPS Reform Act of 2017 Amends its part 1256(b), 1256(c)(2)(B) · introduced · 115th Congress
  • S 1034 Agricultural Worker Program Act of 2017 Amends its part · introduced · 115th Congress
  • HR 264 Save America Comprehensive Immigration Act of 2009 Amends its part 1256(j), 1256(i) · introduced · 111th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 1255 or 1259 of this title or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and cancelling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this chapter to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien’s status prior to commencement of procedures to remove the alien under section 1229a of this title, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien’s status. (b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 1451 of this title as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
Official text at uscode.house.gov ↗