8 CFR § 245.3 Adjustment of status under section 13 of the Act of September 11, 1957, as amended.
Any application for benefits under section 13 of the Act of September 11, 1957, as amended, must be filed on Form I–485 with the director having jurisdiction over the applicant's place of residence. The benefits under section 13 are limited to aliens who were admitted into the United States under section 101, paragraphs (a)(15)(A)(i), (a)(15)(A)(ii), (a)(15)(G)(i), or (a)(15)(G)(ii) of the Immigration and Nationality Act who performed diplomatic or semi-diplomatic duties
and to their immediate families, and who establish that there are compelling reasons why the applicant or the member of the applicant's immediate family is unable to return to the country represented by the government which accredited the applicant and that adjustment of the applicant's status to that of an alien lawfully admitted for permanent residence would be in the national interest. Aliens whose duties were of a custodial, clerical, or menial nature, and members of their immediate families, are not eligible for benefits under section 13. In view of the annual limitation of 50 on the number of aliens whose status may be adjusted under section 13, any alien who is prima facie eligible for adjustment of status to that of a lawful permanent resident under another provision of law shall be advised to apply for adjustment pursuant to such other provision of law. An applicant for the benefits of section 13 shall not be subject to the labor certification requirement of section 212(a)(14) of the Immigration and Nationality Act. The applicant shall be notified of the decision and, if the application is denied, of the reasons for the denial and of the right to appeal under the provisions of part 103 of this chapter. Any applications pending with the Service before December 29, 1981 must be resubmitted to comply with the requirements of this section.
(Secs. 103, 245, of the Immigration and Nationality Act, as amended; 71 Stat. 642, as amended, sec. 17, Pub. L. 97–116, 95 Stat. 1619 (8 U.S.C. 1103, 1255, 1255b))
[47 FR 44238, Oct. 7, 1982, as amended at 59 FR 33905, July 1, 1994]
SECTION 13 OF THE ACT OF SEPTEMBER 11, 1957
(71 Stat. 642; 8 U.S.C. 1255B)
as amended by section 17 of Public Law 97-116 and section 207 of Public Law 103-416
SEC. 13. Notwithstanding any other provision of law-
(a) Any alien admitted to the United States as a nonimmigrant under the provisions of either section 101(a)(15)(A) (i) or (ii) or 101(a)(15)(G) (i) or (ii) of the Immigration and Nationality Act, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
(b) If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under the Immigration and Nationality Act, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
(c) A complete and detailed statement of the facts and pertinent provisions of law in the case.shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under section 202 of the Immigration and Nationality Act for the fiscal year then current or the next following year in which a quota is available. No quota shall be reduced by more than 50 per centum in any fiscal year.
(d) The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
\ publaw \ Pub. L. 108-199 Consolidated Appropriations Act, 2004
The AAO Decided this issue on December 19, 2007, found at the link below:
altaic, was this your case by any chance?
DISCUSSION: The application was denied by the District Director, Washington, D.C., and the Administrative
Appeals Office (AAO) dismissed a subsequent appeal. The AAO is reopening this matter on its own motion
pursuant to 8 C.F.R. § 103.5(a)(5)(ii) for the purposes of entering a new decision. The previous decision will
be withdrawn. The application will be approved.
The applicant is a native and citizen of Panama who is seeking to adjust his status to that of lawful permanent
resident as the immediate relative of the principal applicant, his father, under section 13 ofthe Immigration and
Nationality Act (the Act) of 1957, Pub. L. No. 85-316, 71 Stat. 642, as modified, 95 Stat. 1611.
The district director denied the application for adjustment Of status on November 19, 1999, after determining that
the principal applicant had failed to demonstrate he was unable to return to Panama or that his adjustment would
serve U.S. interests. On appeal, the AAO found the principal applicant to have demonstrated eligibility for
adjustment to lawful permanent resident status under section 13 of the 1957 Act, but concluded that the
applicant was unable to benefit from his father's adjustment as he is no longer a child, as defined by section
101(b)(l) of the,Act. Such reasoning was in error.
The adjustment of the applicant under section 13 of the 1957 Act does not require that he meet the statutory
definition of child. Pursuant to 8 C.F.R. § 245.3, eligibility for adjustment of status under section 13 of the 1957
Act is available to the immediate family members of qualifying aliens who were admitted to. the United States
under section 101, paragraphs (a)(l5)(A)(i), (a)(l5)(A)(ii), (a)(l5)(G)(i), or (a)(l5)(G)(ii) of the Act and who
performed diplomatic or semi-diplomatic duties. As the record establishes that the applicant in this matter was
admitted to the United States as a dependent of the principal applicant, as defined at 8 C.F.R. § 214.2(a)(2), and
the principal applicant has been found eligible for adjustment under section 13 of the 1957 Act, the applicant is
also eligible for adjustment to lawful permanent resident status. Accordingly, the previous decision will be
withdrawn and the application will be approved.
ORDER: The previous decision is withdrawn and the application is approved.
The link:
http://www.uscis.gov/err/A3 - Diplomats/Decisions_Issued_in_2007/Dec192007_01A3013.pdf
The prior decisions is found at:
http://www.uscis.gov/err/A3 - Diplomats/Decisions_Issued_in_2007/Sep102007_01A3013.pdf