Page:United States Statutes at Large Volume 112 Part 4.djvu/569

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-540 CEirlier than the date the application for such adjustment is filed; (C) the ahen appHes for such adjustment and is physically present in the United States on the date the application is filed; and (D) the alien is otherwise admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) PROOF OF CONTINUOUS PRESENCE. —For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(B), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (e) AVAILABILITY OF ADMINISTRATIVE REVIEW. —The Attorney GenergQ shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to— (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) LIMITATION ON JUDICIAL REVIEW.—A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) No OFFSET IN NUMBER OF VISAS AVAILABLE. —When an alien is granted the status of having been lawfully admitted for permanent resident pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act. (h) APPLICATION OF IMMIGRATION AND NATIONALITY ACT PROVI- SIONS.— Except as otherwise specifically provided in this title, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this title shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the Attorney Genercd in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be grsmted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. (i) ADJUSTMENT OF STATUS HAS No EFFECT ON ELIGIBILITY FOR WELFARE AND PUBLIC BENEFITS. —NO alien whose status has been adjusted in accordance with this section and who was not a qualified alien on the date of enactment of this Act may, solely on the basis of such adjusted status, be considered to be a qualified alien under section 431(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced Budget Act of 1997 (Public

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