Pub. L. 105-119, tit. I, sec. 111

Sec. 111. (a) Limitation on Eligibility Under Section 245(i).—Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking “(i)(1)” through “The Attorney General” and inserting the following: “(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States— “(A) who— “(i) entered the United States without inspection; or “(ii) is within one of the classes enumerated in subsection (c) of this section; and “(B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of— “(i) a petition for classification under section 204 that was filed with the Attorney General on or before January 14, 1998; or “(ii) an application for a labor certification under section 212(a)(5)(A) that was filed pursuant to the regulations of the Secretary of Labor on or before such date; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General”. (b) Repeal of Sunset for Section 245(i).—Section 506(c) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995 (Public Law 103–317; 108 Stat. 1766) is amended to read as follows: “(c) The amendment made by subsection (a) shall take effect on October 1, 1994, and shall cease to have effect on October 1, 1997. The amendment made by subsection (b) shall take effect on October 1, 1994.”. (c) Inapplicability of Certain Provisions of Section 245(c) for Certain Employment-Based Immigrants.—Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended— (1) in subsection (c)(2), by inserting “subject to subsection (k),” after “(2)”; and (2) by adding at the end the following: “(k) An alien who is eligible to receive an immigrant visa under paragraph (1), (2), or (3) of section 203(b) (or, in the case of an alien who is an immigrant described in section 101(a)(27)(C), 111 STAT. 2459under section 203(b)(4)) may adjust status pursuant to subsection (a) and notwithstanding subsection (c)(2), (c)(7), and (c)(8), if— “(1) the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission; “(2) the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days— “(A) failed to maintain, continuously, a lawful status; “(B) engaged in unauthorized employment; or “(C) otherwise violated the terms and conditions of the alien’s admission.”.