(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.
Structure US Code
Title 8— ALIENS AND NATIONALITY
CHAPTER 12— IMMIGRATION AND NATIONALITY
Part V— Adjustment and Change of Status
§ 1252. Judicial review of orders of removal
§ 1253. Penalties related to removal
§ 1254a. Temporary protected status
§ 1254b. Collection of fees under temporary protected status program
§ 1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence
§ 1256. Rescission of adjustment of status; effect upon naturalized citizen
§ 1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions