8 U.S.C. § 1158 — Asylum

Page 145 TITLE 8—ALIENS AND NATIONALITY § 1158 Presidential Determination No. 88–16, May 20, 1988, 53 F.R. 21405. Presidential Determination No. 88–01, Oct. 5, 1987, 52 F.R. 42073. Presidential Determination No. 87–1, Oct. 17, 1986, 51 F.R. 39637. Presidential Determination No. 83–2, Oct. 11, 1982, 47 F.R. 46483. Presidential Determination No. 82–1, Oct. 10, 1981, 46 F.R. 55233. Presidential Determination No. 80–28, Sept. 30, 1980, 45 F.R. 68365. § 1158. Asylum (a) Authority to apply for asylum (1) In general Any alien who is physically present in the United States or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been inter- dicted in international or United States wa- ters), irrespective of such alien’s status, may apply for asylum in accordance with this sec- tion or, where applicable, section 1225(b) of this title. (2) Exceptions (A) Safe third country Paragraph (1) shall not apply to an alien if the Attorney General determines that the alien may be removed, pursuant to a bilat- eral or multilateral agreement, to a country (other than the country of the alien’s na- tionality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, mem- bership in a particular social group, or polit- ical opinion, and where the alien would have access to a full and fair procedure for deter- mining a claim to asylum or equivalent tem- porary protection, unless the Attorney Gen- eral finds that it is in the public interest for the alien to receive asylum in the United States. (B) Time limit Subject to subparagraph (D), paragraph (1) shall not apply to an alien unless the alien demonstrates by clear and convincing evi- dence that the application has been filed within 1 year after the date of the alien’s ar- rival in the United States. (C) Previous asylum applications Subject to subparagraph (D), paragraph (1) shall not apply to an alien if the alien has previously applied for asylum and had such application denied. (D) Changed circumstances An application for asylum of an alien may be considered, notwithstanding subpara- graphs (B) and (C), if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed cir- cumstances which materially affect the ap- plicant’s eligibility for asylum or extraor- dinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B). (E) Applicability Subparagraphs (A) and (B) shall not apply to an unaccompanied alien child (as defined in section 279(g) of title 6). (3) Limitation on judicial review No court shall have jurisdiction to review any determination of the Attorney General under paragraph (2). (b) Conditions for granting asylum (1) In general (A) Eligibility The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in ac- cordance with the requirements and proce- dures established by the Secretary of Home- land Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General deter- mines that such alien is a refugee within the meaning of section 1101(a)(42)(A) of this title. (B) Burden of proof (i) In general The burden of proof is on the applicant to establish that the applicant is a refugee, within the meaning of section 1101(a)(42)(A) of this title. To establish that the applicant is a refugee within the meaning of such section, the applicant must establish that race, religion, nation- ality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant. (ii) Sustaining burden The testimony of the applicant may be sufficient to sustain the applicant’s burden without corroboration, but only if the ap- plicant satisfies the trier of fact that the applicant’s testimony is credible, is per- suasive, and refers to specific facts suffi- cient to demonstrate that the applicant is a refugee. In determining whether the ap- plicant has met the applicant’s burden, the trier of fact may weigh the credible testi- mony along with other evidence of record. Where the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, such evidence must be provided unless the applicant does not have the evidence and cannot reasonably obtain the evidence. (iii) Credibility determination Considering the totality of the cir- cumstances, and all relevant factors, a trier of fact may base a credibility deter- mination on the demeanor, candor, or re- sponsiveness of the applicant or witness, the inherent plausibility of the applicant’s or witness’s account, the consistency be- tween the applicant’s or witness’s written and oral statements (whenever made and whether or not under oath, and consid- ering the circumstances under which the statements were made), the internal con- Page 146 TITLE 8—ALIENS AND NATIONALITY § 1158 sistency of each such statement, the con- sistency of such statements with other evi- dence of record (including the reports of the Department of State on country condi- tions), and any inaccuracies or falsehoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the appli- cant’s claim, or any other relevant factor. There is no presumption of credibility, however, if no adverse credibility deter- mination is explicitly made, the applicant or witness shall have a rebuttable pre- sumption of credibility on appeal. (2) Exceptions (A) In general Paragraph (1) shall not apply to an alien if the Attorney General determines that— (i) the alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; (ii) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the commu- nity of the United States; (iii) there are serious reasons for believ- ing that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; (iv) there are reasonable grounds for re- garding the alien as a danger to the secu- rity of the United States; (v) the alien is described in subclause (I), (II), (III), (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or section 1227(a)(4)(B) of this title (relating to ter- rorist activity), unless, in the case only of an alien described in subclause (IV) of sec- tion 1182(a)(3)(B)(i) of this title, the Attor- ney General determines, in the Attorney General’s discretion, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or (vi) the alien was firmly resettled in an- other country prior to arriving in the United States. (B) Special rules (i) Conviction of aggravated felony For purposes of clause (ii) of subpara- graph (A), an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime. (ii) Offenses The Attorney General may designate by regulation offenses that will be considered to be a crime described in clause (ii) or (iii) of subparagraph (A). (C) Additional limitations The Attorney General may by regulation establish additional limitations and condi- tions, consistent with this section, under which an alien shall be ineligible for asylum under paragraph (1). (D) No judicial review There shall be no judicial review of a de- termination of the Attorney General under subparagraph (A)(v). (3) Treatment of spouse and children (A) In general A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien. (B) Continued classification of certain aliens as children An unmarried alien who seeks to accom- pany, or follow to join, a parent granted asy- lum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and sec- tion 1159(b)(3) of this title, if the alien at- tained 21 years of age after such application was filed but while it was pending. (C) Initial jurisdiction An asylum officer (as defined in section 1225(b)(1)(E) of this title) shall have initial jurisdiction over any asylum application filed by an unaccompanied alien child (as de- fined in section 279(g) of title 6), regardless of whether filed in accordance with this sec- tion or section 1225(b) of this title. (c) Asylum status (1) In general In the case of an alien granted asylum under subsection (b), the Attorney General— (A) shall not remove or return the alien to the alien’s country of nationality or, in the case of a person having no nationality, the country of the alien’s last habitual resi- dence; (B) shall authorize the alien to engage in employment in the United States and pro- vide the alien with appropriate endorsement of that authorization; and (C) may allow the alien to travel abroad with the prior consent of the Attorney Gen- eral. (2) Termination of asylum Asylum granted under subsection (b) does not convey a right to remain permanently in the United States, and may be terminated if the Attorney General determines that— (A) the alien no longer meets the condi- tions described in subsection (b)(1) owing to a fundamental change in circumstances; (B) the alien meets a condition described in subsection (b)(2); (C) the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threat- ened on account of race, religion, nation- Page 147 TITLE 8—ALIENS AND NATIONALITY § 1158 1 So in original. Probably should be ‘‘sections’’. ality, membership in a particular social group, or political opinion, and where the alien is eligible to receive asylum or equiva- lent temporary protection; (D) the alien has voluntarily availed him- self or herself of the protection of the alien’s country of nationality or, in the case of an alien having no nationality, the alien’s country of last habitual residence, by re- turning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or (E) the alien has acquired a new nation- ality and enjoys the protection of the coun- try of his or her new nationality. (3) Removal when asylum is terminated An alien described in paragraph (2) is subject to any applicable grounds of inadmissibility or deportability under section 1 1182(a) and 1227(a) of this title, and the alien’s removal or return shall be directed by the Attorney General in accordance with sections 1229a and 1231 of this title. (d) Asylum procedure (1) Applications The Attorney General shall establish a pro- cedure for the consideration of asylum appli- cations filed under subsection (a). The Attor- ney General may require applicants to submit fingerprints and a photograph at such time and in such manner to be determined by regu- lation by the Attorney General. (2) Employment An applicant for asylum is not entitled to employment authorization, but such author- ization may be provided under regulation by the Attorney General. An applicant who is not otherwise eligible for employment authoriza- tion shall not be granted such authorization prior to 180 days after the date of filing of the application for asylum. (3) Fees The Attorney General may impose fees for the consideration of an application for asy- lum, for employment authorization under this section, and for adjustment of status under section 1159(b) of this title. Such fees shall not exceed the Attorney General’s costs in adjudi- cating the applications. The Attorney General may provide for the assessment and payment of such fees over a period of time or by install- ments. Nothing in this paragraph shall be con- strued to require the Attorney General to charge fees for adjudication services provided to asylum applicants, or to limit the author- ity of the Attorney General to set adjudica- tion and naturalization fees in accordance with section 1356(m) of this title. (4) Notice of privilege of counsel and con- sequences of frivolous application At the time of filing an application for asy- lum, the Attorney General shall— (A) advise the alien of the privilege of being represented by counsel and of the con- sequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and (B) provide the alien a list of persons (up- dated not less often than quarterly) who have indicated their availability to rep- resent aliens in asylum proceedings on a pro bono basis. (5) Consideration of asylum applications (A) Procedures The procedure established under paragraph (1) shall provide that— (i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or data- bases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum; (ii) in the absence of exceptional cir- cumstances, the initial interview or hear- ing on the asylum application shall com- mence not later than 45 days after the date an application is filed; (iii) in the absence of exceptional cir- cumstances, final administrative adjudica- tion of the asylum application, not includ- ing administrative appeal, shall be com- pleted within 180 days after the date an ap- plication is filed; (iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title, whichever is later; and (v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, in- cluding a hearing under section 1229a of this title, the application may be dis- missed or the applicant may be otherwise sanctioned for such failure. (B) Additional regulatory conditions The Attorney General may provide by reg- ulation for any other conditions or limita- tions on the consideration of an application for asylum not inconsistent with this chap- ter. (6) Frivolous applications If the Attorney General determines that an alien has knowingly made a frivolous applica- tion for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application. (7) No private right of action Nothing in this subsection shall be con- strued to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. (e) Commonwealth of the Northern Mariana Is- lands The provisions of this section and section 1159(b) of this title shall apply to persons phys- Page 148 TITLE 8—ALIENS AND NATIONALITY § 1158 ically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014. (June 27, 1952, ch. 477, title II, ch. 1, § 208, as added Pub. L. 96–212, title II, § 201(b), Mar. 17, 1980, 94 Stat. 105; amended Pub. L. 101–649, title V, § 515(a)(1), Nov. 29, 1990, 104 Stat. 5053; Pub. L. 103–322, title XIII, § 130005(b), Sept. 13, 1994, 108 Stat. 2028; Pub. L. 104–132, title IV, § 421(a), Apr. 24, 1996, 110 Stat. 1270; Pub. L. 104–208, div. C, title VI, § 604(a), Sept. 30, 1996, 110 Stat. 3009–690; Pub. L. 107–56, title IV, § 411(b)(2), Oct. 26, 2001, 115 Stat. 348; Pub. L. 107–208, § 4, Aug. 6, 2002, 116 Stat. 928; Pub. L. 109–13, div. B, title I, § 101(a), (b), May 11, 2005, 119 Stat. 302, 303; Pub. L. 110–229, title VII, § 702(j)(4), May 8, 2008, 122 Stat. 866; Pub. L. 110–457, title II, § 235(d)(7), Dec. 23, 2008, 122 Stat. 5080.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(5)(B), (6), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Na- tionality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. AMENDMENTS 2008—Subsec. (a)(2)(E). Pub. L. 110–457, § 235(d)(7)(A), added subpar. (E). Subsec. (b)(3)(C). Pub. L. 110–457, § 235(d)(7)(B), added subpar. (C). Subsec. (e). Pub. L. 110–229 added subsec. (e). 2005—Subsec. (b)(1). Pub. L. 109–13, § 101(a)(1), (2), des- ignated existing provisions as subpar. (A), inserted sub- par. heading, and substituted ‘‘The Secretary of Home- land Security or the Attorney General’’ for ‘‘The Attor- ney General’’ and ‘‘the Secretary of Homeland Security or the Attorney General’’ for ‘‘the Attorney General’’ in two places. Subsec. (b)(1)(B). Pub. L. 109–13, § 101(a)(3), added sub- par. (B) Subsec. (b)(2)(A)(v). Pub. L. 109–13, § 101(b), sub- stituted ‘‘described in’’ for ‘‘inadmissible under’’ in two places and struck out ‘‘removable under’’ before ‘‘sec- tion 1227(a)(4)(B)’’. 2002—Subsec. (b)(3). Pub. L. 107–208 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘A spouse or child (as defined in section 1101(b)(1)(A), (B), (C), (D), or (E) of this title) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.’’ 2001—Subsec. (b)(2)(A)(v). Pub. L. 107–56 substituted ‘‘(III), (IV), or (VI)’’ for ‘‘(III), or (IV)’’. 1996—Pub. L. 104–208 substituted ‘‘Asylum’’ for ‘‘Asy- lum procedure’’ as section catchline and amended text generally, substituting subsecs. (a) to (d) for former subsecs. (a) to (e). Subsec. (a). Pub. L. 104–132, § 421(a), inserted at end ‘‘The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is ex- cludable under subclause (I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or deportable under section 1251(a)(4)(B) of this title, unless the Attorney General determines, in the discretion of the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.’’ 1994—Subsec. (e). Pub. L. 103–322 added subsec. (e). 1990—Subsec. (d). Pub. L. 101–649 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–229 effective on the transi- tion program effective date described in section 1806 of Title 48, Territories and Insular Possessions, see sec- tion 705(b) of Pub. L. 110–229, set out as an Effective Date note under section 1806 of Title 48. EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–13, div. B, title I, § 101(h)(1), (2), May 11, 2005, 119 Stat. 305, provided that: ‘‘(1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take ef- fect as if enacted on March 1, 2003. ‘‘(2) The amendments made by subsections (a)(3), (b), (c), and (d) [amending this section and sections 1229a and 1231 of this title] shall take effect on the date of the enactment of this division [May 11, 2005] and shall apply to applications for asylum, withholding, or other relief from removal made on or after such date.’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–208 effective Aug. 6, 2002, and applicable to certain beneficiary aliens, see section 8 of Pub. L. 107–208, set out as a note under section 1151 of this title. EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–56 effective Oct. 26, 2001, and applicable to actions taken by an alien before, on, or after Oct. 26, 2001, and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see section 411(c) of Pub. L. 107–56, set out as a note under section 1182 of this title. EFFECTIVE DATE OF 1996 AMENDMENTS Pub. L. 104–208, div. C, title VI, § 604(c), Sept. 30, 1996, 110 Stat. 3009–694, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to applications for asylum filed on or after the first day of the first month beginning more than 180 days after the date of the enactment of this Act [Sept. 30, 1996]. Pub. L. 104–132, title IV, § 421(b), Apr. 24, 1996, 110 Stat. 1270, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 24, 1996] and apply to asylum determinations made on or after such date.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–649, title V, § 515(b), Nov. 29, 1990, 104 Stat. 5053, as amended by Pub. L. 102–232, title III, § 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided that: ‘‘(1) The amendment made by subsection (a)(1) [amending this section] shall apply to convictions en- tered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for asylum made on or after such date. ‘‘(2) The amendment made by subsection (a)(2) [amending section 1253 of this title] shall apply to con- victions entered before, on, or after the date of the en- actment of this Act [Nov. 29, 1990] and to applications for withholding of deportation made on or after such date.’’ EFFECTIVE DATE Section effective Mar. 17, 1980, and applicable to fis- cal years beginning with the fiscal year beginning Oct. Page 149 TITLE 8—ALIENS AND NATIONALITY § 1159 1, 1979, see section 204 of Pub. L. 96–212, set out as an Effective Date of 1980 Amendment note under section 1101 of this title. REGULATIONS Pub. L. 110–340, § 2(d), Oct. 3, 2008, 122 Stat. 3736, pro- vided that: ‘‘(1) ISSUANCE OF REGULATIONS.—Not later than 60 days after the date of enactment of this Act [Oct. 3, 2008], the Attorney General and the Secretary of Home- land Security shall promulgate final regulations estab- lishing that, for purposes of sections 241(b)(3)(B)(iii) and 208(b)(2)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)(iii); 8 U.S.C. 1158(b)(2)(A)(iii)), an alien who is deportable under section 237(a)(4)(F) of such Act (8 U.S.C. 1227(a)(4)(F)) or inadmissible under section 212(a)(3)(G) of such Act (8 U.S.C. 1182(a)(3)(G)) shall be considered an alien with respect to whom there are serious reasons to believe that the alien committed a serious nonpolitical crime. ‘‘(2) AUTHORITY TO WAIVE CERTAIN REGULATORY RE- QUIREMENTS.—The requirements of chapter 5 of title 5, United States Code (commonly referred to as the ‘Ad- ministrative Procedure Act’), chapter 35 of title 44, United States Code (commonly referred to as the ‘Pa- perwork Reduction Act’), or any other law relating to rulemaking, information collection, or publication in the Federal Register, shall not apply to any action to implement paragraph (1) to the extent the Attorney General or the Secretary Homeland of [sic] Security de- termines that compliance with any such requirement would impede the expeditious implementation of such paragraph.’’ ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of this title. EXPEDITIOUS REMOVAL FOR DENIED ASYLUM APPLICANTS Pub. L. 103–322, title XIII, § 130005, Sept. 13, 1994, 108 Stat. 2028, as amended by Pub. L. 104–208, div. C, title III, § 308(e)(1)(P), (17), Sept. 30, 1996, 110 Stat. 3009–620, 3009–621, provided: ‘‘(a) IN GENERAL.—The Attorney General may provide for the expeditious adjudication of asylum claims and the expeditious removal of asylum applicants whose ap- plications have been finally denied, unless the appli- cant remains in an otherwise valid nonimmigrant sta- tus. ‘‘(b) EMPLOYMENT AUTHORIZATION.—[Amended this section.] ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this sec- tion— ‘‘(1) $64,000,000 for fiscal year 1995; ‘‘(2) $90,000,000 for fiscal year 1996; ‘‘(3) $93,000,000 for fiscal year 1997; and ‘‘(4) $91,000,000 for fiscal year 1998.’’ TIME FOR ESTABLISHMENT OF ASYLUM PROCEDURE BY ATTORNEY GENERAL Pub. L. 96–212, title II, § 204(d)(2), Mar. 17, 1980, 94 Stat. 109, provided that: ‘‘The Attorney General shall establish the asylum procedure referred to in section 208(a) of the Immigration and Nationality Act (as added by section 201(b) of this title) [former subsec. (a) of this section] not later than June 1, 1980.’’ § 1159. Adjustment of status of refugees (a) Inspection and examination by Department of Homeland Security (1) Any alien who has been admitted to the United States under section 1157 of this title— (A) whose admission has not been termi- nated by the Secretary of Homeland Security or the Attorney General pursuant to such reg- ulations as the Secretary of Homeland Secu- rity or the Attorney General may prescribe, (B) who has been physically present in the United States for at least one year, and (C) who has not acquired permanent resident status, shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examina- tion for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title. (2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an im- migration judge to be admissible (except as oth- erwise provided under subsection (c)) as an im- migrant under this chapter at the time of the alien’s inspection and examination shall, not- withstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s arrival into the United States. (b) Requirements for adjustment The Secretary of Homeland Security or the Attorney General, in the Secretary’s or the At- torney General’s discretion and under such regu- lations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who— (1) applies for such adjustment, (2) has been physically present in the United States for at least one year after being grant- ed asylum, (3) continues to be a refugee within the meaning of section 1101(a)(42)(A) of this title or a spouse or child of such a refugee, (4) is not firmly resettled in any foreign country, and (5) is admissible (except as otherwise pro- vided under subsection (c)) as an immigrant under this chapter at the time of examination for adjustment of such alien. Upon approval of an application under this sub- section, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent resi- dence as of the date one year before the date of the approval of the application. (c) Coordination with section 1182 The provisions of paragraphs (4), (5), and (7)(A) of section 1182(a) of this title shall not be appli- cable to any alien seeking adjustment of status under this section, and the Secretary of Home- land Security or the Attorney General may waive any other provision of such section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to such an alien for humanitarian purposes, to assure family unity, or when it is otherwise in the pub- lic interest. (June 27, 1952, ch. 477, title II, ch. 1, § 209, as added Pub. L. 96–212, title II, § 201(b), Mar. 17,