8 U.S. Code § 1101 - Definitions | U.S. Code | US Law | LII / Legal Information Institute

8 U.S. Code § 1101 - Definitions | U.S. Code | US Law | LII / Legal Information Institute
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8 U.S. Code § 1101 - Definitions
U.S. Code
Notes
Authorities (CFR)
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(a)
As used in this chapter—
(1)
The term “
administrator
” means the official designated by the Secretary of
State
pursuant to
section 1104(b) of this title
(2)
The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3)
The term “
alien
” means any
person
not a citizen or
national of the United States.
(4)
The term “application for admission” has reference to the application for admission into the
United States
and not to the application for the issuance of an
immigrant
or
nonimmigrant visa.
(5)
The term “
Attorney General
” means the
Attorney General
of the
United States.
(6)
The term “
border crossing identification card
” means a document of identity bearing that designation issued to an
alien
who is
lawfully admitted for permanent residence
, or to an
alien
who is a resident in foreign contiguous territory, by a
consular officer
or an
immigration officer
for the purpose of crossing over the borders between the
United States
and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the
alien)
that is machine readable and (B) an
alien
presenting a
border crossing identification card
is not permitted to cross over the border into the
United States
unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the
alien.
(7)
The term “
clerk of court
” means a clerk of a
naturalization
court.
(8)
The terms “
Commissioner
” and “
Deputy Commissioner
” mean the
Commissioner
of Immigration and
Naturalization
and a
Deputy Commissioner
of Immigration and
Naturalization,
respectively.
(9)
The term “
consular officer
” means any consular, diplomatic, or other officer or employee of the
United States
designated under regulations prescribed under authority contained in this chapter, for the purpose of issuing
immigrant
or
nonimmigrant visas
or, when used in subchapter III, for the purpose of adjudicating nationality.
(10)
The term “
crewman
” means a
person
serving in any capacity on board a vessel or aircraft.
(11)
The term “
diplomatic visa
” means a
nonimmigrant visa
bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of
State
may prescribe.
(12)
The term “doctrine” includes, but is not limited to, policies, practices, purposes, aims, or procedures.
(13)
(A)
The terms “admission” and “admitted” mean, with respect to an
alien
, the lawful entry of the
alien
into the
United States
after inspection and authorization by an
immigration officer
(B)
An
alien
who is paroled under
section 1182(d)(5) of this title
or permitted to land temporarily as an alien
crewman
shall not be considered to have been admitted.
(C)
An
alien
lawfully admitted for permanent residence
in the
United States
shall not be regarded as seeking an admission into the
United States
for purposes of the
immigration laws
unless the
alien—
(i)
has abandoned or relinquished that status,
(ii)
has been absent from the
United States
for a continuous period in excess of 180 days,
(iii)
has engaged in illegal activity after having departed the
United States
(iv)
has departed from the
United States
while under legal process seeking removal of the
alien
from the
United States
, including removal proceedings under this chapter and extradition proceedings,
(v)
has committed an offense identified in
section 1182(a)(2) of this title
, unless since such offense the
alien
has been granted relief under section 1182(h) or 1229b(a) of this title, or
(vi)
is attempting to enter at a time or place other than as designated by
immigration officers
or has not been admitted to the
United States
after inspection and authorization by an
immigration officer
(14)
The term “
foreign state
” includes outlying possessions of a
foreign state
, but self-governing dominions or territories under mandate or trusteeship shall be regarded as separate
foreign states
(15)
The term “
immigrant
” means every
alien
except an
alien
who is within one of the following classes of nonimmigrant
aliens—
(A)
(i)
an ambassador, public minister, or career diplomatic or
consular officer
who has been accredited by a foreign government, recognized de jure by the
United States
and who is accepted by the President or by the Secretary of
State,
and the members of the
alien’
s immediate family;
(ii)
upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the
United States
, who are accepted by the Secretary of
State,
and the members of their immediate families; and
(iii)
upon a basis of reciprocity, attendants, servants, personal employees, and members of their immediate families, of the officials and employees who have a nonimmigrant status under (i) and (ii) above;
(B)
an
alien
(other than one coming for the purpose of study or of performing skilled or unskilled labor or as a
representative
of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a
residence
in a foreign country which he has no intention of abandoning and who is visiting the
United States
temporarily for business or temporarily for pleasure;
(C)
(i)
an
alien
in immediate and continuous transit through the
United States
, for a period not to exceed 29 days;
(ii)
an
alien
who qualifies as a
person
entitled to pass in transit to and from the
United Nations
Headquarters District (as defined in
section 4309a(e) of title 22
) and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Agreement regarding the Headquarters of the
United Nations
, done at Lake Success
June 26, 1947
61 Stat. 758
); or
(iii)
an
alien
passing in transit through the
United States
to board a vessel on which the
alien
will perform, or to disembark from a vessel on which the
alien
performed, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, for a period not to exceed 180 days;
(D)
(i)
an
alien
crewman
serving in good faith as such in a capacity required for normal operation and
service
on board a vessel, as defined in
section 1288(a) of this title
(other than a fishing vessel having its home port or an operating base in the
United States)
, or aircraft, who intends to land temporarily and solely in pursuit of his calling as a
crewman
and to depart from the
United States
with the vessel or aircraft on which he arrived or some other vessel or aircraft;
(ii)
an
alien
crewman
serving in good faith as such in any capacity required for normal operations and
service
aboard a fishing vessel having its home port or an operating base in the
United States
who intends to land temporarily in Guam or the Commonwealth of the Northern Mariana Islands and solely in pursuit of his calling as a
crewman
and to depart from Guam or the Commonwealth of the Northern Mariana Islands with the vessel on which he arrived; or
(iii)
an
alien
crewman
performing ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, who intends to land temporarily solely in pursuit of the
alien’
s responsibilities as a
crewman
and to depart from the
United States
on the vessel on which the
alien
arrived or on another vessel or aircraft, for a period not to exceed 180 days;
(E)
an
alien
entitled to enter the
United States
under and in pursuance of the provisions of a treaty of commerce and navigation between the
United States
and the
foreign state
of which the
alien
is a
national
(or, in the case of an
alien
who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the
foreign state
of which the
alien
is a
national
and in which the
alien
has been domiciled for a continuous period of not less than 3 years at any point before applying for a
nonimmigrant visa
under this subparagraph), and the spouse and children of any such
alien
if accompanying or following to join such
alien;
(i) solely to carry on
substantial
trade, including trade in
services
or trade in technology, principally between the
United States
and the
foreign state
of which the
alien
is a
national;
(ii) solely to develop and direct the operations of an enterprise in which the
alien
has invested, or of an enterprise in which the
alien
is actively in the process of investing, a
substantial
amount of capital; or (iii) solely to perform
services
in a specialty occupation in the
United States
if the
alien
is a
national
of the Commonwealth of Australia and with respect to whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security
and the Secretary of
State
that the intending employer has filed with the Secretary of Labor an attestation under
section 1182(t)(1) of this title
(F)
(i)
an
alien
having a
residence
in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the
United States
temporarily and solely for the purpose of pursuing such a course of study consistent with
section 1184(l)
[1]
of this title at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an
accredited language training program
in the
United States,
particularly designated by him and approved by the
Attorney General
after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the
Attorney General
the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, (ii) the
alien
spouse and minor children of any
alien
described in clause (i) if accompanying or following to join such an
alien,
and (iii) an
alien
who is a
national
of Canada or Mexico, who maintains actual
residence
and place of abode in the country of nationality, who is described in clause (i) except that the
alien’
s qualifications for and actual course of study may be full or part-time, and who commutes to the
United States
institution or place of study from Canada or Mexico;
(G)
(i)
a designated principal resident
representative
of a foreign government recognized de jure by the
United States,
which foreign government is a member of an international
organization
entitled to enjoy privileges, exemptions, and immunities as an international
organization
under the
International Organizations Immunities Act
59 Stat. 669
) [
22 U.S.C. 288
et seq.], accredited resident members of the staff of such
representatives,
and members of his or their immediate family;
(ii)
other accredited
representatives
of such a foreign government to such international
organizations,
and the members of their immediate families;
(iii)
an
alien
able to qualify under (i) or (ii) above except for the fact that the government of which such
alien
is an accredited
representative
is not recognized de jure by the
United States,
or that the government of which he is an accredited
representative
is not a member of such international
organization;
and the members of his immediate family;
(iv)
officers, or employees of such international
organizations
, and the members of their immediate families;
(v)
attendants, servants, and personal employees of any such
representative
, officer, or employee, and the members of the immediate families of such attendants, servants, and personal employees;
(H)
an
alien
(i) [(a) Repealed.
Pub. L. 106–95, § 2(c)
Nov. 12, 1999
113 Stat. 1316
] (b) subject to
section 1182(j)(2) of this title
, who is coming temporarily to the
United States
to perform
services
(other than
services
described in subclause (a) during the period in which such subclause applies and other than
services
described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in
section 1184(i)(1) of this title
or as a fashion model, who meets the requirements for the occupation specified in
section 1184(i)(2) of this title
or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the
Attorney General
that the intending employer has filed with the Secretary an application under
section 1182(n)(1) of this title
, or (b1) who is entitled to enter the
United States
under and in pursuance of the provisions of an agreement listed in
section 1184(g)(8)(A) of this title
, who is engaged in a specialty occupation described in
section 1184(i)(3) of this title
, and with respect to whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security
and the Secretary of
State
that the intending employer has filed with the Secretary of Labor an attestation under
section 1182(t)(1) of this title
, or (c) who is coming temporarily to the
United States
to perform
services
as a registered nurse, who meets the qualifications described in
section 1182(m)(1) of this title
, and with respect to whom the Secretary of Labor determines and certifies to the
Attorney General
that an unexpired attestation is on file and in effect under
section 1182(m)(2) of this title
for the facility (as defined in
section 1182(m)(6) of this title
) for which the
alien
will perform the
services;
or (ii)(a) having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States
to perform agricultural labor or
services,
as defined by the Secretary of Labor in regulations and including agricultural labor defined in
section 3121(g) of title 26
, agriculture as defined in
section 203(f) of title 29
, and the pressing of apples for cider on a farm, of a temporary or seasonal nature, or (b) having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States
to perform other temporary
service
or labor if unemployed
persons
capable of performing such
service
or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the
United States
to perform
services
as members of the medical
profession;
or (iii) having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States
as a trainee, other than to receive graduate medical education or training, in a training program that is not designed primarily to provide productive employment; and the
alien
spouse and minor children of any such
alien
specified in this paragraph if accompanying him or following to join him;
(I)
upon a basis of reciprocity, an
alien
who is a bona fide
representative
of foreign press, radio, film, or other foreign information media, who seeks to enter the
United States
solely to engage in such vocation, and the spouse and children of such a
representative
, if accompanying or following to join him;
(J)
an
alien
having a
residence
in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other
person
of similar description, who is coming temporarily to the
United States
as a participant in a program designated by the Director of the
United States
Information Agency, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training and who, if he is coming to the
United States
to participate in a program under which he will receive graduate medical education or training, also meets the requirements of
section 1182(j) of this title
, and the
alien
spouse and minor children of any such
alien
if accompanying him or following to join him;
(K)
subject to subsections (d) and (p)
of
section 1184 of this title
, an
alien
who—
(i)
is the fiancée or fiancé of a citizen of the
United States
(other than a citizen described in
section 1154(a)(1)(A)(viii)(I) of this title
) and who seeks to enter the
United States
solely to conclude a valid marriage with the petitioner within ninety days after admission;
(ii)
has concluded a valid marriage with a citizen of the
United States
(other than a citizen described in
section 1154(a)(1)(A)(viii)(I) of this title
) who is the petitioner, is the beneficiary of a petition to accord a status under
section 1151(b)(2)(A)(i) of this title
that was filed under
section 1154 of this title
by the petitioner, and seeks to enter the
United States
to await the approval of such petition and the availability to the
alien
of an
immigrant
visa; or
(iii)
is the minor
child
of an
alien
described in clause (i) or (ii) and is accompanying, or following to join, the
alien;
(L)
subject to
section 1184(c)(2) of this title
, an
alien
who, within 3 years preceding the time of his application for admission into the
United States,
has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the
United States
temporarily in order to continue to render his
services
to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the
alien
spouse and minor children of any such
alien
if accompanying him or following to join him;
(M)
(i)
an
alien
having a
residence
in a foreign country which he has no intention of abandoning who seeks to enter the
United States
temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other than in a language training program) in the
United States
particularly designated by him and approved by the
Attorney General
, after consultation with the Secretary of Education, which institution shall have agreed to report to the
Attorney General
the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn, (ii) the
alien
spouse and minor children of any
alien
described in clause (i) if accompanying or following to join such an
alien,
and (iii) an
alien
who is a
national
of Canada or Mexico, who maintains actual
residence
and place of abode in the country of nationality, who is described in clause (i) except that the
alien’
s course of study may be full or part-time, and who commutes to the
United States
institution or place of study from Canada or Mexico;
(N)
(i)
the parent of an
alien
accorded the status of special
immigrant
under paragraph (27)(I)(i) (or under analogous authority under paragraph (27)(L)), but only if and while the
alien
is a
child,
or
(ii)
child
of such parent or of an
alien
accorded the status of a special
immigrant
under clause (ii), (iii), or (iv) of paragraph (27)(I) (or under analogous authority under paragraph (27)(L));
(O)
an
alien
who—
(i)
has
extraordinary ability
in the sciences, arts, education, business, or athletics which has been demonstrated by sustained
national
or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the
United States
to continue work in the area of
extraordinary ability
; or
(ii)
(I)
seeks to enter the
United States
temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an
alien
who is admitted under clause (i) for a specific event or events,
(II)
is an integral part of such actual performance,
(III)
(a)
has critical skills and experience with such
alien
which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such
alien
which are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the
United States
and the continuing participation of the
alien
is essential to the successful completion of the production, and
(IV)
has a foreign
residence
which the
alien
has no intention of abandoning; or
(iii)
is the
alien
spouse or
child
of an
alien
described in clause (i) or (ii) and is accompanying, or following to join, the
alien;
(P)
an
alien
having a foreign
residence
which the
alien
has no intention of abandoning who—
(i)
(a)
is described in
section 1184(c)(4)(A) of this title
(relating to athletes), or (b) is described in
section 1184(c)(4)(B) of this title
(relating to entertainment groups);
(ii)
(I)
performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and
(II)
seeks to enter the
United States
temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an
organization
or
organizations
in the
United States
and an
organization
or
organizations
in one or more
foreign states
and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers;
(iii)
(I)
performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and
(II)
seeks to enter the
United States
temporarily and solely to perform, teach, or coach as such an artist or entertainer or with such a group under a commercial or noncommercial program that is culturally unique; or
(iv)
is the spouse or
child
of an
alien
described in clause (i), (ii), or (iii) and is accompanying, or following to join, the
alien;
(Q)
an
alien
having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily (for a period not to exceed 15 months) to the
United States
as a participant in an international cultural exchange program approved by the
Secretary of Homeland Security
for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the country of the
alien’
s nationality and who will be employed under the same wages and working conditions as domestic workers;
(R)
an
alien
, and the spouse and children of the
alien
if accompanying or following to join the
alien
, who—
(i)
for the 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious
organization
in the
United States
; and
(ii)
seeks to enter the
United States
for a period not to exceed 5 years to perform the work described in subclause (I), (II), or (III) of paragraph (27)(C)(ii);
(S)
subject to
section 1184(k) of this title
, an
alien—
(i)
who the
Attorney General
determines—
(I)
is in possession of critical reliable information concerning a criminal
organization
or enterprise;
(II)
is willing to supply or has supplied such information to Federal or
State
law enforcement authorities or a Federal or
State
court; and
(III)
whose presence in the
United States
the
Attorney General
determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal
organization
or enterprise; or
(ii)
who the Secretary of
State
and the
Attorney General
jointly determine—
(I)
is in possession of critical reliable information concerning a
terrorist organization
, enterprise, or operation;
(II)
is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court;
(III)
will be or has been placed in danger as a result of providing such information; and
(IV)
is eligible to receive a reward under
section 2708(a) of title 22
and, if the
Attorney General
(or with respect to clause (ii), the Secretary of
State
and the
Attorney General
jointly) considers it to be appropriate, the spouse, married and
unmarried
sons and daughters, and parents of an
alien
described in clause (i) or (ii) if accompanying, or following to join, the
alien;
(T)
(i)
subject to section 1184(
) of this title, an
alien
who the
Secretary of Homeland Security
, or in the case of subclause (III)(aa) the
Secretary of Homeland Security
, in consultation with the
Attorney General,
determines—
(I)
is or has been a victim of a severe form of trafficking in
persons
, as defined in
section 7102 of title 22
(II)
is physically present in the
United States
, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, including physical presence on account of the
alien
having been allowed entry into the
United States
for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;
(III)
(aa)
has complied with any reasonable request for assistance in the Federal,
State
, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime;
(bb)
in consultation with the
Attorney General
, as appropriate, is unable to cooperate with a request described in item (aa) due to physical or psychological trauma; or
(cc)
has not attained 18 years of age; and
(IV)
the
alien
[2]
would suffer extreme hardship involving unusual and severe harm upon removal; and
(ii)
if accompanying, or following to join, the
alien
described in clause (i)—
(I)
in the case of an
alien
described in clause (i) who is under 21 years of age, the spouse, children,
unmarried
siblings under 18 years of age on the date on which such
alien
applied for status under such clause, and parents of such
alien;
(II)
in the case of an
alien
described in clause (i) who is 21 years of age or older, the spouse and children of such
alien
; or
(III)
any parent or
unmarried
sibling under 18 years of age, or any adult or minor children of a derivative beneficiary of the
alien,
as of an
alien
described in subclause (I) or (II) who the
Secretary of Homeland Security
, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the
alien’
s escape from the severe form of trafficking or cooperation with law enforcement.
(U)
(i)
subject to
section 1184(p) of this title
, an
alien
who files a petition for status under this subparagraph, if the
Secretary of Homeland Security
determines that—
(I)
the
alien
has suffered
substantial
physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii);
(II)
the
alien
(or in the case of an
alien
child
under the age of 16, the parent, guardian, or next friend of the
alien)
possesses information concerning criminal activity described in clause (iii);
(III)
the
alien
(or in the case of an
alien
child
under the age of 16, the parent, guardian, or next friend of the
alien)
has been helpful, is being helpful, or is likely to be helpful to a Federal,
State,
or local law enforcement official, to a Federal,
State,
or local prosecutor, to a Federal or
State
judge, to the
Service,
or to other Federal,
State,
or local authorities investigating or prosecuting criminal activity described in clause (iii); and
(IV)
the criminal activity described in clause (iii) violated the laws of the
United States
or occurred in the
United States
(including in Indian country and military installations) or the territories and possessions of the
United States
(ii)
if accompanying, or following to join, the
alien
described in clause (i)—
(I)
in the case of an
alien
described in clause (i) who is under 21 years of age, the spouse, children,
unmarried
siblings under 18 years of age on the date on which such
alien
applied for status under such clause, and parents of such
alien;
or
(II)
in the case of an
alien
described in clause (i) who is 21 years of age or older, the spouse and children of such
alien
; and
(iii)
the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal,
State
, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in
section 1351 of title 18
); or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; or
(V)
subject to
section 1184(q) of this title
, an
alien
who is the beneficiary (including a
child
of the principal
alien,
if eligible to receive a visa under
section 1153(d) of this title
) of a petition to accord a status under
section 1153(a)(2)(A) of this title
that was filed with the
Attorney General
under
section 1154 of this title
on or before
December 21, 2000
, if—
(i)
such petition has been pending for 3 years or more; or
(ii)
such petition has been approved, 3 years or more have elapsed since such filing date, and—
(I)
an
immigrant
visa is not immediately available to the
alien
because of a waiting list of applicants for visas under
section 1153(a)(2)(A) of this title
; or
(II)
the
alien
’s application for an
immigrant
visa, or the
alien’
s application for adjustment of status under
section 1255 of this title
, pursuant to the approval of such petition, remains pending.
(16)
The term “
immigrant
visa” means an
immigrant
visa required by this chapter and properly issued by a
consular officer
at his office outside of the
United States
to an eligible
immigrant
under the provisions of this chapter.
(17)
The term “
immigration laws
” includes this chapter and all laws, conventions, and treaties of the
United States
relating to the immigration, exclusion, deportation, expulsion, or removal of
aliens.
(18)
The term “
immigration officer
” means any employee or class of employees of the
Service
or of the
United States
designated by the
Attorney General,
individually or by regulation, to perform the functions of an
immigration officer
specified by this chapter or any section of this title.
(19)
The term “
ineligible to citizenship
,” when used in reference to any individual, means, notwithstanding the provisions of any treaty relating to military
service,
an individual who is, or was at any time permanently debarred from becoming a citizen of the
United States
under section 3(a) of the
Selective Training and Service Act of 1940
, as amended (
54 Stat. 885
55 Stat. 844
), or under section 4(a) of the
Selective Service Act of 1948
, as amended (
62 Stat. 605
65 Stat. 76
) [
50 U.S.C. 3803(a)
], or under any section of this chapter, or any other Act, or under any law amendatory of, supplementary to, or in substitution for, any of such sections or Acts.
(20)
The term “
lawfully admitted for permanent residence
” means the status of having been lawfully accorded the privilege of residing permanently in the
United States
as an
immigrant
in accordance with the
immigration laws,
such status not having changed.
(21)
The term “
national
” means a
person
owing
permanent
allegiance to a
state.
(22)
The term “
national of the United States
” means (A) a citizen of the
United States,
or (B) a
person
who, though not a citizen of the
United States,
owes
permanent
allegiance to the
United States.
(23)
The term “
naturalization
” means the conferring of nationality of a
state
upon a
person
after birth, by any means whatsoever.
(24)
Repealed.
Pub. L. 102–232, title III, § 305(m)(1)
Dec. 12, 1991
105 Stat. 1750
(25)
The term “noncombatant
service
” shall not include
service
in which the individual is not subject to military discipline, court martial, or does not wear the uniform of any branch of the armed forces.
(26)
The term “
nonimmigrant visa
” means a visa properly issued to an
alien
as an eligible nonimmigrant by a competent officer as provided in this chapter.
(27)
The term “special
immigrant
” means—
(A)
an
immigrant
lawfully admitted for permanent residence,
who is returning from a temporary visit abroad;
(B)
an
immigrant
who was a citizen of the
United States
and may, under section
1435(a)
or
1438
of this title, apply for reacquisition of citizenship;
(C)
an
immigrant
, and the
immigrant
’s spouse and children if accompanying or following to join the
immigrant
, who—
(i)
for at least 2 years immediately preceding the time of application for admission, has been a member of a religious denomination having a bona fide nonprofit, religious
organization
in the
United States
(ii)
seeks to enter the
United States
(I)
solely for the purpose of carrying on the vocation of a minister of that religious denomination,
(II)
before
September 30, 2015
[3]
in order to work for the
organization
at the request of the
organization
in a professional capacity in a religious vocation or occupation, or
(III)
before
September 30, 2015
in order to work for the
organization
(or for a bona fide
organization
which is affiliated with the religious denomination and is exempt from taxation as an
organization
described in
section 501(c)(3) of title 26
) at the request of the
organization
in a religious vocation or occupation; and
(iii)
has been carrying on such vocation, professional work, or other work continuously for at least the 2-year period described in clause (i);
(D)
an
immigrant
who—
(i)
is an employee, or an honorably retired former employee, of the
United States
Government abroad, or of the American Institute in Taiwan, and who has performed faithful
service
for a total of fifteen years, or more, and his accompanying spouse and children: Provided, That the principal officer of a Foreign
Service
establishment (or, in the case of the American Institute in Taiwan, the Director thereof), in his discretion, shall have recommended the granting of special
immigrant
status to such
alien
in exceptional circumstances and the Secretary of
State
approves such recommendation and finds that it is in the
national
interest to grant such status; or
(ii)
is the surviving spouse or
child
of an employee of the
United States
Government abroad: Provided, That the employee performed faithful
service
for a total of not less than 15 years or was killed in the line of duty;
(E)
an
immigrant
, and his accompanying spouse and children, who is or has been an employee of the Panama Canal Company or Canal Zone Government before the date on which the Panama Canal Treaty of 1977 (as described in
section 3602(a)(1) of title 22
) enters into force [
October 1, 1979
], who was resident in the Canal Zone on the effective date of the exchange of instruments of ratification of such Treaty [
April 1, 1979
], and who has performed faithful
service
as such an employee for one year or more;
(F)
an
immigrant
, and his accompanying spouse and children, who is a Panamanian
national
and (i) who, before the date on which such Panama Canal Treaty of 1977 enters into force [
October 1, 1979
], has been honorably retired from
United States
Government employment in the Canal Zone with a total of 15 years or more of faithful
service,
or (ii) who, on the date on which such Treaty enters into force, has been employed by the
United States
Government in the Canal Zone with a total of 15 years or more of faithful
service
and who subsequently is honorably retired from such employment or continues to be employed by the
United States
Government in an area of the former Canal Zone;
(G)
an
immigrant
, and his accompanying spouse and children, who was an employee of the Panama Canal Company or Canal Zone Government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977 [
April 1, 1979
], who has performed faithful
service
for five years or more as such an employee, and whose personal safety, or the personal safety of whose spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment;
(H)
an
immigrant
, and his accompanying spouse and children, who—
(i)
has graduated from a medical school or has qualified to practice medicine in a
foreign state
(ii)
was fully and permanently licensed to practice medicine in a
State
on
January 9, 1978
, and was practicing medicine in a
State
on that date,
(iii)
entered the
United States
as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) before
January 10, 1978
, and
(iv)
has been continuously present in the
United States
in the practice or study of medicine since the date of such entry;
(I)
(i)
an
immigrant
who is the
unmarried
son or daughter of an officer or employee, or of a former officer or employee, of an international
organization
described in paragraph (15)(G)(i), and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the
United States
for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least seven years between the ages of five and 21 years, and (II) applies for a visa or adjustment of status under this subparagraph no later than his twenty-fifth birthday or six months after
October 24, 1988
, whichever is later;
(ii)
an
immigrant
who is the surviving spouse of a deceased officer or employee of such an international
organization,
and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been physically present in the
United States
for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the death of such officer or employee, and (II) files a petition for status under this subparagraph no later than six months after the date of such death or six months after
October 24, 1988
, whichever is later;
(iii)
an
immigrant
who is a retired officer or employee of such an international
organization,
and who (I) while maintaining the status of a nonimmigrant under paragraph (15)(G)(iv), has resided and been physically present in the
United States
for periods totaling at least one-half of the seven years before the date of application for a visa or for adjustment of status to a status under this subparagraph and for a period or periods aggregating at least 15 years before the date of the officer or employee’s retirement from any such international
organization,
and (II) files a petition for status under this subparagraph no later than six months after the date of such retirement or six months after
October 25, 1994
, whichever is later; or
(iv)
an
immigrant
who is the spouse of a retired officer or employee accorded the status of special
immigrant
under clause (iii), accompanying or following to join such retired officer or employee as a member of his immediate family;
(J)
an
immigrant
who is present in the
United States—
(i)
who has been declared dependent on a juvenile court located in the
United States
or whom such a court has legally committed to, or placed under the custody of, an agency or department of a
State,
or an individual or entity appointed by a
State
or juvenile court located in the
United States
, and whose reunification with 1 or both of the
immigrant
’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under
State
law;
(ii)
for whom it has been determined in administrative or judicial proceedings that it would not be in the
alien
’s best interest to be returned to the
alien
’s or parent’s previous country of nationality or country of last habitual
residence
; and
(iii)
in whose case the
Secretary of Homeland Security
consents to the grant of special
immigrant
juvenile status, except that—
(I)
no juvenile court has jurisdiction to determine the custody status or placement of an
alien
in the custody of the Secretary of Health and Human
Services
unless the Secretary of Health and Human
Services
specifically consents to such jurisdiction; and
(II)
no natural parent or prior adoptive parent of any
alien
provided special
immigrant
status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;
(K)
an
immigrant
who has served honorably on active duty in the Armed Forces of the
United States
after
October 15, 1978
, and after original lawful enlistment outside the
United States
(under a treaty or agreement in effect on
October 1, 1991
) for a period or periods aggregating—
(i)
12 years and who, if separated from such
service
, was never separated except under honorable conditions, or
(ii)
6 years, in the case of an
immigrant
who is on active duty at the time of seeking special
immigrant
status under this subparagraph and who has reenlisted to incur a total active duty
service
obligation of at least 12 years,
and the spouse or
child
of any such
immigrant
if accompanying or following to join the
immigrant
, but only if the executive department under which the
immigrant
serves or served recommends the granting of special
immigrant
status to the
immigrant
(L)
an
immigrant
who would be described in clause (i), (ii), (iii), or (iv) of subparagraph (I) if any reference in such a clause—
(i)
to an international
organization
described in paragraph (15)(G)(i) were treated as a reference to the North Atlantic Treaty
Organization
(NATO);
(ii)
to a nonimmigrant under paragraph (15)(G)(iv) were treated as a reference to a nonimmigrant classifiable under NATO–6 (as a member of a civilian component accompanying a force entering in accordance with the provisions of the NATO Status-of-Forces Agreement, a member of a civilian component attached to or employed by an Allied Headquarters under the “Protocol on the Status of International Military Headquarters” set up pursuant to the North Atlantic Treaty, or as a dependent); and
(iii)
to the
Immigration Technical Corrections Act of 1988
or to the
Immigration and Nationality Technical Corrections Act of 1994
were a reference to the
American Competitiveness and Workforce Improvement Act of 1998
[4]
(M)
subject to the numerical limitations of
section 1153(b)(4) of this title
, an
immigrant
who seeks to enter the
United States
to work as a broadcaster in the
United States
for the
International Broadcasting Bureau
of the
Broadcasting Board of Governors
, or for a grantee of the
Broadcasting Board of Governors
, and the
immigrant’
s accompanying spouse and children.
(28)
The term “
organization
” means, but is not limited to, an
organization
, corporation, company, partnership, association, trust, foundation or fund; and includes a group of
persons
, whether or not incorporated, permanently or temporarily associated together with joint action on any subject or subjects.
(29)
The term “
outlying possessions of the United States
” means American Samoa and Swains Island.
(30)
The term “
passport
” means any travel document issued by competent authority showing the bearer’s origin, identity, and nationality if any, which is valid for the admission of the bearer into a foreign country.
(31)
The term “
permanent
” means a relationship of continuing or lasting nature, as distinguished from temporary, but a relationship may be
permanent
even though it is one that may be dissolved eventually at the instance either of the
United States
or of the individual, in accordance with law.
(32)
The term “
profession
” shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.
(33)
The term “
residence
” means the place of general abode; the place of general abode of a
person
means his principal, actual dwelling place in fact, without regard to intent.
(34)
The term “
Service
” means the Immigration and
Naturalization
Service
of the
Department of Justice
(35)
The term “spouse”, “wife”, or “husband” do not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present in the presence of each other, unless the marriage shall have been consummated.
(36)
The term “
State
” includes the District of Columbia, Puerto
Rico
, Guam, the Virgin Islands of the
United States,
and the Commonwealth of the Northern Mariana Islands.
(37)
The term “
totalitarian party” means an organization which advocates the establishment in the United States of a totalitarian dictatorship or totalitarianism. The terms “totalitarian dictatorship
” and
“totalitarianism”
mean and refer to systems of government not
representative
in fact, characterized by (A) the existence of a single political party, organized on a dictatorial basis, with so close an identity between such party and its policies and the governmental policies of the country in which it exists, that the party and the government constitute an indistinguishable unit, and (B) the forcible suppression of opposition to such party.
(38)
The term “
United States
”, except as otherwise specifically herein provided, when used in a geographical sense, means the continental
United States
, Alaska, Hawaii, Puerto
Rico
, Guam, the Virgin Islands of the
United States,
and the Commonwealth of the Northern Mariana Islands.
(39)
The term “
unmarried
”, when used in reference to any individual as of any time, means an individual who at such time is not married, whether or not previously married.
(40)
The term “
world communism
” means a revolutionary movement, the purpose of which is to establish eventually a Communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated Communist political movement.
(41)
The term “
graduates of a medical school
” means
aliens
who have graduated from a medical school or who have qualified to practice medicine in a
foreign state,
other than such
aliens
who are of
national
or international renown in the field of medicine.
(42)
The term “
refugee
” means (A) any
person
who is outside any country of such
person
’s nationality or, in the case of a
person
having no nationality, is outside any country in which such
person
last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in
section 1157(e) of this title
) may specify, any
person
who is within the country of such
person’
s nationality or, in the case of a
person
having no nationality, within the country in which such
person
is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term
“refugee”
does not include any
person
who 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. For purposes of determinations under this chapter, a
person
who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a
person
who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
(43)
The term “
aggravated felony
” means—
(A)
murder, rape, or sexual abuse of a minor;
(B)
illicit trafficking in a controlled substance (as defined in
section 802 of title 21
), including a drug trafficking crime (as defined in
section 924(c) of title 18
);
(C)
illicit trafficking in firearms or destructive devices (as defined in
section 921 of title 18
) or in explosive materials (as defined in section 841(c) of that title);
(D)
an offense described in
section 1956 of title 18
(relating to laundering of monetary instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded $10,000;
(E)
an offense described in—
(i)
section 842(h) or (i) of title 18, or section 844(d), (e), (f), (g), (h), or (i) of that title (relating to explosive materials offenses);
(ii)
section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or 924(b) or (h) of title 18 (relating to firearms offenses); or
(iii)
section 5861 of title 26
(relating to firearms offenses);
(F)
a crime of violence (as defined in
section 16 of title 18
, but not including a purely political offense) for which the term of imprisonment at
[5]
least one year;
(G)
a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment at
least one year;
(H)
an offense described in section 875, 876, 877, or 1202 of title 18 (relating to the demand for or receipt of ransom);
(I)
an offense described in section 2251, 2251A, or 2252 of title 18 (relating to
child
pornography);
(J)
an offense described in
section 1962 of title 18
(relating to racketeer influenced corrupt
organizations)
, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses), for which a sentence of one year imprisonment or more may be imposed;
(K)
an offense that—
(i)
relates to the owning, controlling, managing, or supervising of a prostitution business;
(ii)
is described in section 2421, 2422, or 2423 of title 18 (relating to transportation for the purpose of prostitution) if committed for commercial advantage; or
(iii)
is described in any of sections 1581–1585 or 1588–1591 of title 18 (relating to peonage, slavery, involuntary servitude, and trafficking in
persons
);
(L)
an offense described in—
(i)
section 793 (relating to gathering or transmitting
national
defense information), 798 (relating to disclosure of classified information), 2153 (relating to sabotage) or 2381 or 2382 (relating to treason) of title 18;
(ii)
section 3121 of title 50
(relating to protecting the identity of undercover intelligence agents); or
(iii)
section 3121 of title 50
(relating to protecting the identity of undercover agents);
(M)
an offense that—
(i)
involves fraud or deceit in which the loss to the victim or victims exceeds $10,000; or
(ii)
is described in
section 7201 of title 26
(relating to tax evasion) in which the revenue loss to the Government exceeds $10,000;
(N)
an offense described in paragraph (1)(A) or (2) of
section 1324(a) of this title
(relating to
alien
smuggling), except in the case of a first offense for which the
alien
has affirmatively shown that the
alien
committed the offense for the purpose of assisting, abetting, or aiding only the
alien’
s spouse,
child,
or parent (and no other individual) to violate a provision of this chapter
[6]
(O)
an offense described in section
1325(a)
or
1326
of this title committed by an
alien
who was previously deported on the basis of a
conviction
for an offense described in another subparagraph of this paragraph;
(P)
an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a
passport
or instrument in violation of
section 1543 of title 18
or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment is at least 12 months, except in the case of a first offense for which the
alien
has affirmatively shown that the
alien
committed the offense for the purpose of assisting, abetting, or aiding only the
alien’
s spouse,
child,
or parent (and no other individual) to violate a provision of this chapter;
(Q)
an offense relating to a failure to appear by a defendant for
service
of sentence if the underlying offense is punishable by imprisonment for a term of 5 years or more;
(R)
an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which the term of imprisonment is at least one year;
(S)
an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which the term of imprisonment is at least one year;
(T)
an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed; and
(U)
an attempt or conspiracy to commit an offense described in this paragraph.
The term applies to an offense described in this paragraph whether in violation of Federal or
State
law and applies to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years. Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the
conviction
was entered before, on, or after
September 30, 1996
(44)
(A)
The term “
managerial capacity
” means an assignment within an
organization
in which the employee primarily—
(i)
manages the
organization
, or a department, subdivision, function, or component of the
organization
(ii)
supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the
organization
, or a department or subdivision of the
organization
(iii)
if another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
(iv)
exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a
managerial capacity
merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.
(B)
The term “
executive capacity
” means an assignment within an
organization
in which the employee primarily—
(i)
directs the management of the
organization
or a major component or function of the
organization
(ii)
establishes the goals and policies of the
organization
, component, or function;
(iii)
exercises wide latitude in discretionary decision-making; and
(iv)
receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the
organization
(C)
If staffing levels are used as a factor in determining whether an individual is acting in a managerial or
executive capacity
, the
Attorney General
shall take into account the reasonable needs of the
organization,
component, or function in light of the overall purpose and stage of development of the
organization,
component, or function. An individual shall not be considered to be acting in a managerial or
executive capacity
(as previously defined) merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.
(45)
The term “
substantial
” means, for purposes of paragraph (15)(E) with reference to trade or capital, such an amount of trade or capital as is established by the Secretary of
State,
after consultation with appropriate agencies of Government.
(46)
The term “
extraordinary ability
” means, for purposes of subsection (a)(15)(O)(i), in the case of the arts, distinction.
(47)
(A)
The term “
order of deportation
” means the order of the special inquiry officer, or other such administrative officer to whom the
Attorney General
has delegated the responsibility for determining whether an
alien
is deportable, concluding that the
alien
is deportable or ordering deportation.
(B)
The order described under subparagraph (A) shall become final upon the earlier of—
(i)
a determination by the Board of Immigration Appeals affirming such order; or
(ii)
the expiration of the period in which the
alien
is permitted to seek review of such order by the Board of Immigration Appeals.
(48)
(A)
The term “
conviction
” means, with respect to an
alien,
a formal judgment of guilt of the
alien
entered by a court or, if adjudication of guilt has been withheld, where—
(i)
a judge or jury has found the
alien
guilty or the
alien
has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and
(ii)
the judge has ordered some form of punishment, penalty, or restraint on the
alien
’s liberty to be imposed.
(B)
Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include the period of incarceration or confinement ordered by a court of law regardless of any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.
(49)
The term “
stowaway
” means any
alien
who obtains transportation without the consent of the owner, charterer, master or
person
in command of any vessel or aircraft through concealment aboard such vessel or aircraft. A passenger who boards with a valid ticket is not to be considered a
stowaway.
(50)
The term “
intended spouse
” means any
alien
who meets the criteria set forth in section
1154(a)(1)(A)(iii)(II)(aa)(BB)
1154(a)(1)(B)(ii)(II)(aa)(BB)
, or
1229b(b)(2)(A)(i)(III)
of this title.
(51)
The term “
VAWA self-petitioner
” means an
alien,
or a
child
of the
alien,
who qualifies for relief under—
(A)
clause (iii), (iv), or (vii) of
section 1154(a)(1)(A) of this title
(B)
clause (ii) or (iii) of
section 1154(a)(1)(B) of this title
(C)
section 1186a(c)(4)(C) of this title
(D)
the first section of
Public Law 89–732
8 U.S.C. 1255
note) (commonly known as the Cuban Adjustment Act) as a
child
or spouse who has been battered or subjected to extreme cruelty;
(E)
section 902(d)(1)(B) of the
Haitian Refugee Immigration Fairness Act of 1998
8 U.S.C. 1255
note);
(F)
section 202(d)(1) of the
Nicaraguan Adjustment and Central American Relief Act
; or
(G)
section 309 of the Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996 (division C of
Public Law 104–208
).
(52)
The term “
accredited language training program
” means a language training program that is accredited by an accrediting agency recognized by the Secretary of Education.
(b)
As used in subchapters I and II—
(1)
The term “
child
” means an
unmarried
person
under twenty-one years of age who is—
(A)
child
born in wedlock;
(B)
a stepchild, whether or not born out of wedlock, provided the
child
had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;
(C)
child
legitimated under the law of the
child
’s
residence
or domicile, or under the law of the father’s
residence
or domicile, whether in or outside the
United States,
if such legitimation takes place before the
child
reaches the age of eighteen years and the
child
is in the legal custody of the legitimating parent or parents at the time of such legitimation;
(D)
child
born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the
child
to its natural
mother
or to its natural father if the father has or had a bona fide parent
-child
relationship with the
person
(E)
(i)
child
adopted while under the age of sixteen years if the
child
has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the
child
has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted
child
shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii)
subject to the same proviso as in clause (i), a
child
who: (I) is a natural sibling of a
child
described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the
child
was adopted while under the age of 18 years;
(F)
(i)
child
, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under
section 1151(b) of this title
, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the
child
for emigration and adoption; who has been adopted abroad by a
United States
citizen and spouse jointly, or by an unmarried
United States
citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the
child
before or during the adoption proceedings; or who is coming to the
United States
for adoption by a
United States
citizen and spouse jointly, or by an unmarried
United States
citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the
child’
s proposed
residence;
Provided, That the
Attorney General
is satisfied that proper care will be furnished the
child
if admitted to the
United States:
Provided further, That no natural parent or prior adoptive parent of any such
child
shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(ii)
subject to the same provisos as in clause (i), a
child
who: (I) is a natural sibling of a
child
described in clause (i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the
United States
for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the
child
is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under
section 1151(b) of this title
; or
(G)
(i)
child
, younger than 16 years of age at the time a petition is filed on the
child
’s behalf to accord a classification as an immediate relative under
section 1151(b) of this title
, who has been adopted in a
foreign state
that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on
May 29, 1993
, or who is emigrating from such a
foreign state
to be adopted in the
United States
by a
United States
citizen and spouse jointly or by an unmarried
United States
citizen who is at least 25 years of age, Provided, That—
(I)
the
Secretary of Homeland Security
is satisfied that proper care will be furnished the
child
if admitted to the
United States;
(II)
the
child
’s natural parents (or parent, in the case of a
child
who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other
persons
or institutions that retain legal custody of the
child,
have freely given their written irrevocable consent to the termination of their legal relationship with the
child,
and to the
child’
s emigration and adoption;
(III)
in the case of a
child
having two living natural parents, the natural parents are incapable of providing proper care for the
child
(IV)
the
Secretary of Homeland Security
is satisfied that the purpose of the adoption is to form a bona fide parent
-child
relationship, and the parent
-child
relationship of the
child
and the natural parents has been terminated (and in carrying out both obligations under this subclause the
Secretary of Homeland Security
may consider whether there is a petition pending to confer
immigrant
status on one or both of such natural parents); and
(V)
in the case of a
child
who has not been adopted—
(aa)
the competent authority of the
foreign state
has approved the
child
’s emigration to the
United States
for the purpose of adoption by the prospective adoptive parent or parents; and
(bb)
the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the
child
’s proposed
residence;
and
(ii)
except that no natural parent or prior adoptive parent of any such
child
shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or
(iii)
subject to the same provisos as in clauses (i) and (ii), a
child
who—
(I)
is a natural sibling of a
child
described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);
(II)
was adopted abroad, or is coming to the
United States
for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and
(III)
is otherwise described in clause (i), except that the
child
is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under
section 1151(b) of this title
(2)
The terms “parent”, “father”, or “
mother
” mean a parent, father, or
mother
only where the relationship exists by reason of any of the circumstances set forth in subdivision (1) of this subsection, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) and paragraph (1)(G)(i) in the case of a
child
born out of wedlock described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term “parent” does not include the natural father of the
child
if the father has disappeared or abandoned or deserted the
child
or if the father has in writing irrevocably released the
child
for emigration and adoption.
(3)
The term “
person
” means an individual or an
organization.
(4)
The term “
immigration judge
” means an attorney whom the
Attorney General
appoints as an administrative judge within the
Executive Office for Immigration Review
, qualified to conduct specified classes of proceedings, including a hearing under
section 1229a of this title
. An
immigration judge
shall be subject to such supervision and shall perform such duties as the
Attorney General
shall prescribe, but shall not be employed by the Immigration and
Naturalization
Service.
(5)
The term “
adjacent islands
” includes Saint Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea.
(c)
As used in subchapter III—
(1)
The term “
child
” means an
unmarried
person
under twenty-one years of age and includes a
child
legitimated under the law of the
child’
residence
or domicile, or under the law of the father’s
residence
or domicile, whether in the
United States
or elsewhere, and, except as otherwise provided in sections
1431
and
1432
of this title, a
child
adopted in the
United States,
if such legitimation or adoption takes place before the
child
reaches the age of 16 years (except to the extent that the
child
is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)), and the
child
is in the legal custody of the legitimating or adopting parent or parents at the time of such legitimation or adoption.
(2)
The terms “parent”, “father”, and “
mother
” include in the case of a posthumous
child
a deceased parent, father, and
mother
(d)
Repealed.
Pub. L. 100–525, § 9(a)(3)
Oct. 24, 1988
102 Stat. 2619
(e)
For the purposes of this chapter—
(1)
The giving, loaning, or promising of support or of money or any other thing of value to be used for advocating any doctrine shall constitute the advocating of such doctrine; but nothing in this paragraph shall be construed as an exclusive definition of advocating.
(2)
The giving, loaning, or promising of support or of money or any other thing of value for any purpose to any
organization
shall be presumed to constitute affiliation therewith; but nothing in this paragraph shall be construed as an exclusive definition of affiliation.
(3)
Advocating the economic, international, and governmental doctrines of
world communism
means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated Communist movement.
(f)
For the purposes of this chapter—
No
person
shall be regarded as, or found to be, a
person
of good moral character who, during the period for which good moral character is required to be established is, or was—
(1)
a habitual drunkard;
(2)
Repealed.
Pub. L. 97–116, § 2(c)(1)
Dec. 29, 1981
95 Stat. 1611
(3)
a member of one or more of the classes of
persons
, whether inadmissible or not, described in paragraphs (2)(D), (6)(E), and (10)(A) of
section 1182(a) of this title
; or subparagraphs (A) and (B) of
section 1182(a)(2) of this title
and subparagraph (C) thereof of such section
[7]
(except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana), if the offense described therein, for which such
person
was convicted or of which he admits the commission, was committed during such period;
(4)
one whose income is derived principally from illegal gambling activities;
(5)
one who has been convicted of two or more gambling offenses committed during such period;
(6)
one who has given false testimony for the purpose of obtaining any benefits under this chapter;
(7)
one who during such period has been confined, as a result of
conviction
, to a penal institution for an aggregate period of one hundred and eighty days or more, regardless of whether the offense, or offenses, for which he has been confined were committed within or without such period;
(8)
one who at any time has been convicted of an
aggravated felony
(as defined in subsection (a)(43)); or
(9)
one who at any time has engaged in conduct described in
section 1182(a)(3)(E) of this title
(relating to assistance in Nazi persecution, participation in genocide, or commission of acts of torture or extrajudicial killings) or 1182(a)(2)(G) of this title (relating to severe violations of religious freedom).
The fact that any
person
is not within any of the foregoing classes shall not preclude a finding that for other reasons such
person
is or was not of good moral character. In the case of an
alien
who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal,
State,
or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the
alien
(or, in the case of an adopted
alien,
each adoptive parent of the
alien)
is or was a citizen (whether by birth or
naturalization)
, the
alien
permanently resided in the
United States
prior to attaining the age of 16, and the
alien
reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the
alien
is, or was, not of good moral character may be made based on it.
(g)
For the purposes of this chapter any
alien
ordered deported or removed (whether before or after the enactment of this chapter) who has left the
United States
, shall be considered to have been deported or removed in pursuance of law, irrespective of the source from which the expenses of his transportation were defrayed or of the place to which he departed.
(h)
For purposes of
section 1182(a)(2)(E) of this title
, the term
“serious criminal offense”
means—
(1)
any felony;
(2)
any crime of violence, as defined in
section 16 of title 18
; or
(3)
any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.
(i)
With respect to each nonimmigrant
alien
described in subsection (a)(15)(T)(i)—
(1)
the
Secretary of Homeland Security
, the
Attorney General,
and other Government officials, where appropriate, shall provide the
alien
with a referral to a nongovernmental
organization
that would advise the
alien
regarding the
alien’
s options while in the
United States
and the resources available to the
alien;
and
(2)
the
Secretary of Homeland Security
shall, during the period the
alien
is in lawful temporary resident status under that subsection, grant the
alien
authorization to engage in employment in the
United States
and provide the
alien
with an “employment authorized” endorsement or other appropriate work permit.
(June 27, 1952, ch. 477, title I, § 101,
66 Stat. 166
Pub. L. 85–316
, §§ 1, 2,
Sept. 11, 1957
71 Stat. 639
Pub. L. 85–508, § 22
July 7, 1958
72 Stat. 351
Pub. L. 86–3, § 20(a)
Mar. 18, 1959
73 Stat. 13
Pub. L. 87–256, § 109(a)
, (b),
Sept. 21, 1961
75 Stat. 534
Pub. L. 87–301
, §§ 1, 2, 7,
Sept. 26, 1961
75 Stat. 650
, 653;
Pub. L. 89–236
, §§ 8, 24,
Oct. 3, 1965
79 Stat. 916
, 922;
Pub. L. 89–710
Nov. 2, 1966
80 Stat. 1104
Pub. L. 91–225, § 1
Apr. 7, 1970
84 Stat. 116
Pub. L. 94–155
Dec. 16, 1975
89 Stat. 824
Pub. L. 94–484, title VI, § 601(b)
, (e),
Oct. 12, 1976
90 Stat. 2301
, 2302;
Pub. L. 94–571, § 7(a)
Oct. 20, 1976
90 Stat. 2706
Pub. L. 94–484, title VI, § 602(c)
Oct. 12, 1976
, as added
Pub. L. 95–83, title III, § 307(q)(3)
Aug. 1, 1977
91 Stat. 395
Pub. L. 95–105, title I, § 109(b)(3)
Aug. 17, 1977
91 Stat. 847
Pub. L. 96–70, title III, § 3201(a)
Sept. 27, 1979
93 Stat. 496
Pub. L. 96–212, title II, § 201(a)
Mar. 17, 1980
94 Stat. 102
Pub. L. 97–116
, §§ 2, 5(d)(1), 18(a),
Dec. 29, 1981
95 Stat. 1611
, 1614, 1619; Priv. L. 98–47, § 3,
Oct. 30, 1984
98 Stat. 3435
Pub. L. 99–505, § 1
Oct. 21, 1986
100 Stat. 1806
Pub. L. 99–603, title III
, §§ 301(a), 312, 315(a),
Nov. 6, 1986
100 Stat. 3411
, 3434, 3439;
Pub. L. 99–653
, §§ 2, 3,
Nov. 14, 1986
100 Stat. 3655
Pub. L. 100–459, title II, § 210(a)
Oct. 1, 1988
102 Stat. 2203
Pub. L. 100–525
, §§ 2(
)(1), 8(b), 9(a),
Oct. 24, 1988
102 Stat. 2613
, 2617, 2619;
Pub. L. 100–690, title VII, § 7342
Nov. 18, 1988
102 Stat. 4469
Pub. L. 101–162, title VI, § 611(a)
Nov. 21, 1989
103 Stat. 1038
Pub. L. 101–238, § 3(a)
Dec. 18, 1989
103 Stat. 2100
Pub. L. 101–246, title I, § 131(b)
Feb. 16, 1990
104 Stat. 31
Pub. L. 101–649, title I
, §§ 123, 151(a), 153(a), 162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, § 407(a)(2), title V, §§ 501(a), 509(a), title VI, § 603(a)(1),
Nov. 29, 1990
104 Stat. 4995
, 5004, 5005, 5012, 5018–5020, 5022, 5023, 5026, 5027, 5040, 5048, 5051, 5082;
Pub. L. 102–110, § 2(a)
Oct. 1, 1991
105 Stat. 555
Pub. L. 102–232, title II
, §§ 203(a), 205(a)–(c), 206(b), (c)(1), (d), 207(b), title III, §§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1), 309(b)(1), (4),
Dec. 12, 1991
105 Stat. 1737
, 1740, 1741, 1746–1748, 1750, 1751, 1758;
Pub. L. 103–236, title I, § 162(h)(1)
Apr. 30, 1994
108 Stat. 407
Pub. L. 103–322, title XIII, § 130003(a)
Sept. 13, 1994
108 Stat. 2024
Pub. L. 103–337, div. C, title XXXVI, § 3605
Oct. 5, 1994
108 Stat. 3113
Pub. L. 103–416, title II
, §§ 201, 202, 214, 219(a), 222(a),
Oct. 25, 1994
108 Stat. 4310
, 4311, 4314, 4316, 4320;
Pub. L. 104–51, § 1
Nov. 15, 1995
109 Stat. 467
Pub. L. 104–132, title IV, § 440(b)
, (e),
Apr. 24, 1996
110 Stat. 1277
Pub. L. 104–208, div. C, title I, § 104(a)
, title III, §§ 301(a), 308(d)(3)(A), (4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A), 361(a), 371(a), title VI, §§ 601(a)(1), 625(a)(2), 671(a)(3)(B), (b)(5), (e)(2),
Sept. 30, 1996
110 Stat. 3009–555
, 3009–575, 3009–617, 3009–620, 3009–621, 3009–627 to 3009–629, 3009–644, 3009–645, 3009–689, 3009–700, 3009–721 to 3009–723;
Pub. L. 105–54, § 1(a)
Oct. 6, 1997
111 Stat. 1175
Pub. L. 105–119, title I, § 113
Nov. 26, 1997
111 Stat. 2460
Pub. L. 105–277, div. C, title IV, § 421
, div. G, title XXII, § 2222(e),
Oct. 21, 1998
112 Stat. 2681–657
, 2681–819;
Pub. L. 105–319, § 2(b)(1)
, (e)(2), formerly (d)(2),
Oct. 30, 1998
112 Stat. 3014
, 3015, renumbered § 2(e)(2),
Pub. L. 108–449, § 1(a)(3)(A)
Dec. 10, 2004
118 Stat. 3470
Pub. L. 106–95, § 2(a)
, (c),
Nov. 12, 1999
113 Stat. 1312
, 1316;
Pub. L. 106–139, § 1(a)
, (b)(1),
Dec. 7, 1999
113 Stat. 1696
Pub. L. 106–279, title III, § 302(a)
, (c),
Oct. 6, 2000
114 Stat. 838
, 839;
Pub. L. 106–386, div. A, § 107(e)(1)
, (4), div. B, title V, §§ 1503(a), § 1513(b),
Oct. 28, 2000
114 Stat. 1477
, 1479, 1518, 1534;
Pub. L. 106–395, title II, § 201(a)(1)
Oct. 30, 2000
114 Stat. 1633
Pub. L. 106–409, § 2(a)
Nov. 1, 2000
114 Stat. 1787
Pub. L. 106–536, § 1(a)
Nov. 22, 2000
114 Stat. 2560
Pub. L. 106–553, § 1(a)(2) [title XI, §§ 1102(a), 1103(a)]
Dec. 21, 2000
114 Stat. 2762
, 2762A–142, 2762A–144;
Pub. L. 107–125, § 2(b)
Jan. 16, 2002
115 Stat. 2403
Pub. L. 107–274, § 2(a)
, (b),
Nov. 2, 2002
116 Stat. 1923
Pub. L. 108–77, title IV, § 402(a)(1)
Sept. 3, 2003
117 Stat. 939
Pub. L. 108–99, § 1
Oct. 15, 2003
117 Stat. 1176
Pub. L. 108–193
, §§ 4(b)(1), (5), 8(a)(1),
Dec. 19, 2003
117 Stat. 2878
, 2879, 2886;
Pub. L. 108–449, § 1(a)(2)(B)
, (b)(1),
Dec. 10, 2004
118 Stat. 3469
, 3470;
Pub. L. 108–458, title V, § 5504
Dec. 17, 2004
118 Stat. 3741
Pub. L. 109–13, div. B, title V, § 501(a)
May 11, 2005
119 Stat. 321
Pub. L. 109–90, title V, § 536
Oct. 18, 2005
119 Stat. 2087
Pub. L. 109–162, title VIII
, §§ 801, 805(d), 811, 822(c)(1),
Jan. 5, 2006
119 Stat. 3053
, 3056, 3057, 3063;
Pub. L. 109–248, title IV, § 402(b)
July 27, 2006
120 Stat. 623
Pub. L. 110–229, title VII, § 702(j)(1)
–(3),
May 8, 2008
122 Stat. 866
Pub. L. 110–391, § 2(a)
Oct. 10, 2008
122 Stat. 4193
Pub. L. 110–457, title II
, §§ 201(a), 235(d)(1),
Dec. 23, 2008
122 Stat. 5052
, 5079;
Pub. L. 111–9, § 1
Mar. 20, 2009
123 Stat. 989
Pub. L. 111–83, title V, § 568(a)(1)
Oct. 28, 2009
123 Stat. 2186
Pub. L. 111–287, § 3
Nov. 30, 2010
124 Stat. 3058
Pub. L. 111–306, § 1(a)
Dec. 14, 2010
124 Stat. 3280
Pub. L. 112–176, § 3
Sept. 28, 2012
126 Stat. 1325
Pub. L. 113–4, title VIII, § 801
, title XII, §§ 1221, 1222,
Mar. 7, 2013
127 Stat. 110
, 144;
Pub. L. 113–76, div. K, title VII, § 7083
Jan. 17, 2014
128 Stat. 567
Pub. L. 117–31, title IV, § 403(a)
July 30, 2021
135 Stat. 318
Pub. L. 117–263, div. E, title LIX, § 5902(b)
Dec. 23, 2022
136 Stat. 3440
Pub. L. 117–360, § 2
Jan. 5, 2023
136 Stat. 6292
.)
[1]
See References in Text note below.
[2]
So in original. The words “the
alien”
probably should not appear.
[3]
See Availability of Funds note below.
[4]
So in original. Probably should be followed by “; or”.
[5]
So in original. Probably should be preceded by “is”.
[6]
So in original. Probably should be followed by a semicolon.
[7]
So in original. The phrase “of such section” probably should not appear.
Amendment of Subsection (a)(15)(H)(i)
For termination of amendment by
section 107(c) of Pub. L. 108–77
, see Effective and Termination Dates of 2003 Amendment note below.
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (b) (except par. (1)(G)(ii)), (c), and (e)–(g), was in the original, “this Act”, meaning act June 27, 1952, ch. 477,
66 Stat. 163
, known as the
Immigration and Nationality Act
, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The Headquarters Agreement with the
United Nations
61 Stat. 758
), referred to in subsec. (a)(15)(C)(ii), is set out as a note under
section 287 of Title 22
, Foreign Relations and Intercourse.
Section 1184(l) of this title
, referred to in subsec. (a)(15)(F)(i), probably means the subsec. (l) of section 1184 which relates to nonimmigrant elementary and secondary school students and was added by
Pub. L. 104–208, div. C, title VI, § 625(a)(1)
Sept. 30, 1996
110 Stat. 3009–699
, and redesignated subsec. (m) of section 1184 by
Pub. L. 106–386, div. A, § 107(e)(2)(A)
Oct. 28, 2000
114 Stat. 1478
The
International Organizations Immunities Act
59 Stat. 669
), referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch. 652, title I,
59 Stat. 669
, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under
section 288 of Title 22
and Tables.
Subsection (p) of
section 1184 of this title
, referred to in subsec. (a)(15)(K), was redesignated as subsec. (r) of section 1184 by
Pub. L. 108–193, § 8(a)(3)
Dec. 19, 2003
117 Stat. 2886
Section 3(a) of the
Selective Training and Service Act of 1940
, as amended (
54 Stat. 885
55 Stat. 844
), referred to in subsec. (a)(19), was classified to section 303 of the former
Appendix to Title 50
, War and
National
Defense, and was omitted from the Code as obsolete.
The
Selective Service Act of 1948
, referred to in subsec. (a)(19), was redesignated the
Universal Military Training and Service Act
by act
June 19, 1951
65 Stat. 75
, and then redesignated the
Military Selective Service Act of 1967
by act
June 30, 1967
Pub. L. 90–40
81 Stat. 100
, and subsequently redesignated the
Military Selective Service Act
by
Pub. L. 92–129, title I, § 101(a)(1)
Sept. 28, 1971
85 Stat. 348
The
Immigration Technical Corrections Act of 1988
, referred to in subsec. (a)(27)(L)(iii), is
Pub. L. 100–525
Oct. 24, 1988
102 Stat. 2609
. For complete classification of this Act to the Code, see Short Title of 1988 Amendments note set out below and Tables.
The
Immigration and Nationality Technical Corrections Act of 1994
, referred to in subsec. (a)(27)(L)(iii), is
Pub. L. 103–416
Oct. 25, 1994
108 Stat. 4305
. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out below and Tables.
The
American Competitiveness and Workforce Improvement Act of 1998
, referred to in subsec. (a)(27)(L)(iii), is
Pub. L. 105–277, div. C, title IV
Oct. 21, 1998
112 Stat. 2681–641
. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out below and Tables.
Section 902(d)(1)(B) of the
Haitian Refugee Immigration Fairness Act of 1998
, referred to in subsec. (a)(51)(E), is
Pub. L. 105–277, div. A, § 101(h) [title IX, § 902(d)(1)(B)]
, which is set out as a note under
section 1255 of this title
Section 202(d)(1) of the
Nicaraguan Adjustment and Central American Relief Act
, referred to in subsec. (a)(51)(F), is
section 202(d)(1) of Pub. L. 105–100
, which is set out as a note under
section 1255 of this title
Section 309 of the Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996, referred to in subsec. (a)(51)(G), is
section 309 of div. C of Pub. L. 104–208
, which is set out as a note under this section.
Section 1432 of this title
, referred to in subsec. (c)(1), was repealed by
Pub. L. 106–395, title I, § 103(a)
Oct. 30, 2000
114 Stat. 1632
Codification
September 30, 1996
, referred to in the concluding provisions of subsec. (a)(43), was in the original “the date of enactment of this paragraph”, which was translated as meaning the date of enactment of
section 321(b) of Pub. L. 104–208
, which inserted that language, to reflect the probable intent of
Congress
Amendments
2023—Subsec. (a)(15)(C).
Pub. L. 117–360, § 2(a)
, amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “an
alien
in immediate and continuous transit through the
United States,
or an
alien
who qualifies as a
person
entitled to pass in transit to and from the
United Nations
Headquarters District and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Headquarters Agreement with the
United Nations
61 Stat. 758
);”.
Subsec. (a)(15)(D)(iii).
Pub. L. 117–360, § 2(b)
, added cl. (iii).
Subsec. (a)(15)(E).
Pub. L. 117–263, § 5902(b)
, inserted “(or, in the case of an
alien
who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the
foreign state
of which the
alien
is a
national
and in which the
alien
has been domiciled for a continuous period of not less than 3 years at any point before applying for a
nonimmigrant visa
under this subparagraph)” before “, and the spouse”, substituted “such
alien”
for “him”, and substituted “the
alien”
for “he” wherever appearing.
2021—Subsec. (a)(27)(D).
Pub. L. 117–31
substituted “an
immigrant
who—” for “an
immigrant
who”, designated remainder of existing provisions as cl. (i), inserted “or” at end, and added cl. (ii).
2014—Subsec. (b)(1)(F)(i).
Pub. L. 113–76
substituted “who is at least 25 years of age, at least 1 of whom personally saw and observed the
child
before or during the adoption proceedings;” for “at least twenty-five years of age, who personally saw and observed the
child
prior to or during the adoption proceedings;”.
2013—Subsec. (a)(15)(T)(ii)(III).
Pub. L. 113–4, § 1221
, inserted “, or any adult or minor children of a derivative beneficiary of the
alien,
as” after “18 years of age”.
Subsec. (a)(15)(U)(iii).
Pub. L. 113–4
, §§ 801, 1222, inserted “stalking;” after “sexual exploitation;” and “fraud in foreign labor contracting (as defined in
section 1351 of title 18
);” after “perjury;”.
2012—Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 112–176
substituted “
September 30, 2015
” for “
September 30, 2012
”.
2010—Subsec. (a)(15)(F)(i).
Pub. L. 111–306, § 1(a)(1)
, substituted “an accredited language” for “a language”.
Subsec. (a)(52).
Pub. L. 111–306, § 1(a)(2)
, added par. (52).
Subsec. (b)(1)(G).
Pub. L. 111–287
amended subpar. (G) generally. Prior to amendment, subpar. (G) provided that the term
“child”
includes a
child
who is migrating from certain
foreign states
to the
United States
to be adopted if the
Attorney General
is satisfied that certain criteria are met.
2009—Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 111–83
substituted “
September 30, 2012
,” for “
September 30, 2009
,”.
Pub. L. 111–9
substituted “
September 30, 2009
,” for “
March 6, 2009
,”.
2008—Subsec. (a)(15)(D)(ii).
Pub. L. 110–229, § 702(j)(1)
, inserted “or the Commonwealth of the Northern Mariana Islands” after “Guam” in two places.
Subsec. (a)(15)(T)(i).
Pub. L. 110–457, § 201(a)(1)(A)
, substituted “Security, in consultation with the
Attorney General,
” for “Security and the
Attorney General
jointly;” in introductory provisions.
Subsec. (a)(15)(T)(i)(I).
Pub. L. 110–457, § 201(a)(1)(B)
, substituted semicolon for comma at end.
Subsec. (a)(15)(T)(i)(II).
Pub. L. 110–457, § 201(a)(1)(C)
, inserted at end “including physical presence on account of the
alien
having been allowed entry into the
United States
for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;”.
Subsec. (a)(15)(T)(i)(III)(bb).
Pub. L. 110–457, § 201(a)(1)(D)(i)
, (iii), added item (bb). Former item (bb) redesignated (cc).
Subsec. (a)(15)(T)(i)(III)(cc).
Pub. L. 110–457, § 201(a)(1)(D)(ii)
, (iv), redesignated item (bb) as (cc) and substituted “; and” for “, and”.
Subsec. (a)(15)(T)(ii)(III).
Pub. L. 110–457, § 201(a)(2)
, added subcl. (III).
Subsec. (a)(15)(T)(iii).
Pub. L. 110–457, § 201(a)(1)(E)
, (3), struck out cl. (iii) which read as follows: “if the
Secretary of Homeland Security
, in his or her discretion and with the consultation of the
Attorney General,
determines that a trafficking victim, due to psychological or physical trauma, is unable to cooperate with a request for assistance described in clause (i)(III)(aa), the request is unreasonable.”
Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 110–391
substituted “
March 6, 2009
,” for “
October 1, 2008
,”.
Subsec. (a)(27)(J)(i).
Pub. L. 110–457, § 235(d)(1)(A)
, substituted
“State,
or an individual or entity appointed by a
State
or juvenile court located in the
United States,
and whose reunification with 1 or both of the
immigrant’
s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under
State
law;” for
“State
and who has been deemed eligible by that court for long-term foster care due to abuse, neglect, or abandonment;”.
Subsec. (a)(27)(J)(iii).
Pub. L. 110–457, § 235(d)(1)(B)(i)
, substituted “the
Secretary of Homeland Security
consents to the grant of special
immigrant
juvenile status,” for “the
Attorney General
expressly consents to the dependency order serving as a precondition to the grant of special
immigrant
juvenile status;” in introductory provisions.
Subsec. (a)(27)(J)(iii)(I).
Pub. L. 110–457, § 235(d)(1)(B)(ii)
, substituted “in the custody of the Secretary of Health and Human
Services
unless the Secretary of Health and Human
Services
specifically consents to such jurisdiction;” for “in the actual or constructive custody of the
Attorney General
unless the
Attorney General
specifically consents to such jurisdiction;”.
Subsec. (a)(36), (38).
Pub. L. 110–229, § 702(j)(2)
, (3), substituted “the Virgin Islands of the
United States,
and the Commonwealth of the Northern Mariana Islands” for “and the Virgin Islands of the
United States”
2006—Subsec. (a)(15)(K)(i), (ii).
Pub. L. 109–248
, which directed insertion of “(other than a citizen described in
section 1154(a)(1)(A)(viii)(I) of this title
)” after “citizen of the
United States”
each place appearing in section 101(a)(15)(K), without specifying the Act to be amended, was executed to subsec. (a)(15)(K) of this section, which is section 101 of the
Immigration and Nationality Act
, to reflect the probable intent of
Congress
Subsec. (a)(15)(T)(i).
Pub. L. 109–162, § 801(a)(1)(A)
, substituted “
Secretary of Homeland Security
, or in the case of subclause (III)(aa) the
Secretary of Homeland Security
and the
Attorney General
jointly;” for
“Attorney General”
Subsec. (a)(15)(T)(i)(III)(aa).
Pub. L. 109–162, § 801(a)(1)(B)(i)
, inserted “Federal,
State,
or local” before “investigation”.
Pub. L. 109–162, § 801(a)(1)(B)(ii)
, which directed substitution of “or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime; or” for “, or”, was executed by making the substitution for “, or” the second time appearing to reflect the probable intent of
Congress
Subsec. (a)(15)(T)(i)(IV).
Pub. L. 109–162, § 801(a)(1)(C)
, struck out “and” at end.
Subsec. (a)(15)(T)(ii).
Pub. L. 109–162, § 801(a)(2)
, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the
Attorney General
considers it necessary to avoid extreme hardship—
“(I) in the case of an
alien
described in clause (i) who is under 21 years of age, the spouse, children,
unmarried
siblings under 18 years of age on the date on which such
alien
applied for status under such clause, and parents of such
alien;
and
“(II) in the case of an
alien
described in clause (i) who is 21 years of age or older, the spouse and children of such
alien
if accompanying, or following to join, the
alien
described in clause (i);”.
Subsec. (a)(15)(T)(iii).
Pub. L. 109–162, § 801(a)(3)
, added cl. (iii).
Subsec. (a)(15)(U)(i).
Pub. L. 109–162, § 801(b)(1)
, substituted “
Secretary of Homeland Security
” for
“Attorney General”
Subsec. (a)(15)(U)(ii).
Pub. L. 109–162, § 801(b)(2)
, amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “if the
Attorney General
considers it necessary to avoid extreme hardship to the spouse, the
child,
or, in the case of an alien
child,
the parent of the
alien
described in clause (i), the
Attorney General
may also grant status under this paragraph based upon certification of a government official listed in clause (i)(III) that an investigation or prosecution would be harmed without the assistance of the spouse, the
child,
or, in the case of an alien
child,
the parent of the
alien;
and”.
Subsec. (a)(51).
Pub. L. 109–162, § 811
, added par. (51).
Subsec. (b)(1)(E)(i).
Pub. L. 109–162, § 805(d)
, inserted before colon “or if the
child
has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household”.
Subsec. (f)(3).
Pub. L. 109–162, § 822(c)(1)
, substituted “(10)(A)” for “(9)(A)”.
Subsec. (i)(1).
Pub. L. 109–162, § 801(c)(1)
, substituted “
Secretary of Homeland Security
, the
Attorney General,
” for
“Attorney General”
Subsec. (i)(2).
Pub. L. 109–162, § 801(c)(2)
, substituted “
Secretary of Homeland Security
” for
“Attorney General”
2005—Subsec. (a)(15)(E)(iii).
Pub. L. 109–13
added cl. (iii).
Subsec. (a)(15)(H)(ii)(a).
Pub. L. 109–90
substituted “, agriculture as defined in
section 203(f) of title 29
, and the pressing of apples for cider on a farm,” for “and agriculture as defined in
section 203(f) of title 29
,” and made technical amendment to reference in original act which appears in text as reference to
section 3121(g) of title 26
2004—Subsec. (a)(15)(Q).
Pub. L. 108–449, § 1(b)(1)
, substituted “
Secretary of Homeland Security
” for
“Attorney General”
in two places, “citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a
residence
for not less than 18 months” for “35 years of age or younger having a
residence”
, and “24 months)” for “36 months)”.
Pub. L. 108–449, § 1(a)(2)(B)
, amended
Pub. L. 105–319, § 2(d)(2)
. See 1998 Amendment note below.
Subsec. (f)(9).
Pub. L. 108–458
added par. (9).
2003—Subsec. (a)(15)(H)(i).
Pub. L. 108–77
, §§ 107(c), 402(a)(1), temporarily substituted “1182(n)(1) of this title, or (b1) who is entitled to enter the
United States
under and in pursuance of the provisions of an agreement listed in
section 1184(g)(8)(A) of this title
, who is engaged in a specialty occupation described in
section 1184(i)(3) of this title
, and with respect to whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security
and the Secretary of
State
that the intending employer has filed with the Secretary of Labor an attestation under
section 1182(t)(1) of this title
, or (c)” for “1182(n)(1) of this title, or (c)”. See Effective and Termination Dates of 2003 Amendment note below.
Subsec. (a)(15)(T).
Pub. L. 108–193, § 8(a)(1)(A)
, (B), substituted “1184(o) of this title,” for “1184(n) of this title,” and realigned margins.
Subsec. (a)(15)(T)(i)(III)(bb).
Pub. L. 108–193, § 4(b)(1)(A)
, substituted “18 years of age,” for “15 years of age,”.
Subsec. (a)(15)(T)(ii)(I).
Pub. L. 108–193, § 4(b)(1)(B)
, inserted
“unmarried
siblings under 18 years of age on the date on which such
alien
applied for status under such clause,” before “and parents”.
Subsec. (a)(15)(U).
Pub. L. 108–193, § 8(a)(1)(A)
, (C), substituted “1184(p) of this title,” for “1184(o) of this title,” in cl. (i) and realigned margins.
Subsec. (a)(15)(V).
Pub. L. 108–193, § 8(a)(1)(D)
, substituted “1184(q) of this title,” for “1184(o) of this title,” in introductory provisions.
Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 108–99
substituted “2008,” for “2003,”.
Subsec. (a)(43)(K)(iii).
Pub. L. 108–193, § 4(b)(5)
, amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of title 18 (relating to peonage, slavery, and involuntary servitude);”.
2002—Subsec. (a)(15)(F)(ii), (iii).
Pub. L. 107–274, § 2(a)
, added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the
alien
spouse and minor children of any such
alien
if accompanying him or following to join him;”.
Subsec. (a)(15)(L).
Pub. L. 107–125
inserted “subject to
section 1184(c)(2) of this title
,” before “an
alien
who”.
Subsec. (a)(15)(M)(ii), (iii).
Pub. L. 107–274, § 2(b)
, added cls. (ii) and (iii) and struck out former cl. (ii) which read as follows: “and (ii) the
alien
spouse and minor children of any such
alien
if accompanying him or following to join him;”.
2000—Subsec. (a)(15)(K).
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(a)]
, amended subpar. (K) generally. Prior to amendment, subpar. (K) read as follows: “an
alien
who is the fiancée or fiancé of a citizen of the
United States
and who seeks to enter the
United States
solely to conclude a valid marriage with the petitioner within ninety days after admission, and the minor children of such fiancée or fiancé accompanying him or following to join him;”.
Subsec. (a)(15)(T).
Pub. L. 106–386, § 107(e)(1)
, added subpar. (T).
Subsec. (a)(15)(U).
Pub. L. 106–386, § 1513(b)
, added subpar. (U).
Subsec. (a)(15)(V).
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(a)]
, added subpar. (V).
Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 106–409
substituted “2003,” for “2000,”.
Subsec. (a)(27)(M).
Pub. L. 106–536
added subpar. (M).
Subsec. (a)(50).
Pub. L. 106–386, § 1503(a)
, added par. (50).
Subsec. (b)(1)(G).
Pub. L. 106–279, § 302(a)
, added subpar. (G).
Subsec. (b)(2).
Pub. L. 106–279, § 302(c)
, inserted “and paragraph (1)(G)(i)” after “second proviso therein)”.
Subsec. (f).
Pub. L. 106–395
inserted at end: “In the case of an
alien
who makes a false statement or claim of citizenship, or who registers to vote or votes in a Federal,
State,
or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of such registration or voting to citizens, if each natural parent of the
alien
(or, in the case of an adopted
alien,
each adoptive parent of the
alien)
is or was a citizen (whether by birth or
naturalization)
, the
alien
permanently resided in the
United States
prior to attaining the age of 16, and the
alien
reasonably believed at the time of such statement, claim, or violation that he or she was a citizen, no finding that the
alien
is, or was, not of good moral character may be made based on it.”
Subsec. (i).
Pub. L. 106–386, § 107(e)(4)
, added subsec. (i).
1999—Subsec. (a)(15)(H)(i)(a).
Pub. L. 106–95, § 2(c)
, struck out subcl. (a) which read as follows: “who is coming temporarily to the
United States
to perform
services
as a registered nurse, who meets the qualifications described in
section 1182(m)(1) of this title
, and with respect to whom the Secretary of Labor determines and certifies to the
Attorney General
that an unexpired attestation is on file and in effect under
section 1182(m)(2) of this title
for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the
alien’
s employer or controlled by the employer) for which the
alien
will perform the
services,
or”.
Subsec. (a)(15)(H)(i)(c).
Pub. L. 106–95, § 2(a)
, added subcl. (c).
Subsec. (b)(1)(E).
Pub. L. 106–139, § 1(a)(1)
, designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F).
Pub. L. 106–139, § 1(a)(2)
, designated existing provisions as cl. (i), substituted “; or” for period at end, and added cl. (ii).
Subsec. (c)(1).
Pub. L. 106–139, § 1(b)(1)
, substituted “16 years (except to the extent that the
child
is described in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)),” for “sixteen years,”.
1998—Subsec. (a)(9).
Pub. L. 105–277, § 2222(e)
, inserted “or employee” after “other officer” and “or, when used in subchapter III, for the purpose of adjudicating nationality” before period at end.
Subsec. (a)(15)(N).
Pub. L. 105–277, § 421(b)
, inserted “(or under analogous authority under paragraph (27)(L))” after “(27)(I)(i)” in cl. (i) and after “(27)(I)” in cl. (ii).
Subsec. (a)(15)(Q).
Pub. L. 105–319, § 2(e)(2)
, formerly § 2(d)(2), renumbered § 2(e)(2) and amended
Pub. L. 108–449, § 1(a)(2)(B)
, (3)(A), struck out cl. (i) designation before “an
alien
having a
residence”
and struck out at end: “or (ii)(I) an
alien
citizen of the United Kingdom or the Republic of Ireland, 21 to 35 years of age, unemployed for not less than 12 months, and having a
residence
for not less than 18 months in Northern Ireland, or the counties of Louth, Monaghan, Cavan, Leitrim, Sligo, and Donegal within the Republic of Ireland, which the
alien
has no intention of abandoning who is coming temporarily (for a period not to exceed 24 months) to the
United States
as a participant in a cultural and training program approved by the Secretary of
State
and the
Secretary of Homeland Security
under section 2(a) of the
Irish Peace Process Cultural and Training Program Act of 1998
for the purpose of providing practical training, employment, and the experience of coexistence and conflict resolution in a diverse society, and (II) the
alien
spouse and minor children of any such
alien
if accompanying the
alien
or following to join the
alien;
”.
Pub. L. 105–319, § 2(b)(1)
, designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L).
Pub. L. 105–277, § 421(a)
, added subpar. (L).
1997—Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 105–54
substituted “2000” for “1997”.
Subsec. (a)(27)(J).
Pub. L. 105–119
amended subpar. (J) generally. Prior to amendment, subpar. (J) read as follows: “an
immigrant
(i) who has been declared dependent on a juvenile court located in the
United States
or whom such a court has legally committed to, or placed under the custody of, an agency or department of a
State
and who has been deemed eligible by that court for long-term foster care, and (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the
alien’
s best interest to be returned to the
alien’
s or parent’s previous country of nationality or country of last habitual
residence;
except that no natural parent or prior adoptive parent of any
alien
provided special
immigrant
status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or”.
1996—Subsec. (a)(6).
Pub. L. 104–208, § 104(a)
, inserted at end “Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the
alien)
that is machine readable and (B) an
alien
presenting a
border crossing identification card
is not permitted to cross over the border into the
United States
unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the
alien.
Subsec. (a)(13).
Pub. L. 104–208, § 301(a)
, amended par. (13) generally. Prior to amendment, par. (13) read as follows: “The term ‘entry’ means any coming of an
alien
into the
United States,
from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an
alien
having a lawful
permanent
residence in the
United States
shall not be regarded as making an entry into the
United States
for the purposes of the
immigration laws
if the
alien
proves to the satisfaction of the
Attorney General
that his departure to a foreign port or place or to an outlying possession was not intended or reasonably to be expected by him or his presence in a foreign port or place or in an outlying possession was not voluntary: Provided, That no
person
whose departure from the
United States
was occasioned by deportation proceedings, extradition, or other legal process shall be held to be entitled to such exception.”
Subsec. (a)(15)(F)(i).
Pub. L. 104–208, § 625(a)(2)
, inserted “consistent with section 1184(l) of this title” after “such a course of study”.
Subsec. (a)(15)(K).
Pub. L. 104–208, § 308(f)(1)(A)
, substituted “admission” for “entry”.
Subsec. (a)(15)(S).
Pub. L. 104–208, § 671(a)(3)(B)
, substituted “section 1184(k)” for “section 1184(j)” in introductory provisions.
Subsec. (a)(17).
Pub. L. 104–208, § 308(d)(4)(A)
, substituted “expulsion, or removal” for “or expulsion”.
Subsec. (a)(30).
Pub. L. 104–208, § 308(f)(1)(B)
, substituted “admission” for “entry”.
Subsec. (a)(42).
Pub. L. 104–208, § 601(a)(1)
, inserted at end “For purposes of determinations under this chapter, a
person
who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a
person
who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.”
Subsec. (a)(43).
Pub. L. 104–208, § 321(b)
, inserted at end of concluding provisions “Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the
conviction
was entered before, on, or after
September 30, 1996
.”
Subsec. (a)(43)(A).
Pub. L. 104–208, § 321(a)(1)
, inserted “, rape, or sexual abuse of a minor” after “murder”.
Subsec. (a)(43)(D).
Pub. L. 104–208, § 321(a)(2)
, substituted “$10,000” for “$100,000”.
Subsec. (a)(43)(F).
Pub. L. 104–208, § 322(a)(2)(A)
, struck out “imposed (regardless of any suspension of imprisonment)” after “term of imprisonment”.
Pub. L. 104–208, § 321(a)(3)
, substituted “at least one year” for “is at least 5 years”.
Subsec. (a)(43)(G).
Pub. L. 104–208, § 322(a)(2)(A)
, which directed amendment of subpar. (G) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of
Congress
Pub. L. 104–208, § 321(a)(3)
, substituted “at least one year” for “is at least 5 years”.
Subsec. (a)(43)(J).
Pub. L. 104–208, § 321(a)(4)
, substituted “sentence of one year imprisonment” for “sentence of 5 years’ imprisonment”.
Pub. L. 104–132, § 440(e)(1)
, inserted “, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),” after “corrupt
organizations)
”.
Subsec. (a)(43)(K)(i).
Pub. L. 104–132, § 440(e)(2)(A)
, struck out “or” at end.
Subsec. (a)(43)(K)(ii).
Pub. L. 104–208, § 671(b)(5)
, struck out comma after “1588”.
Pub. L. 104–208, § 321(a)(5)
, inserted “if committed” before “for commercial advantage”.
Pub. L. 104–132, § 440(e)(2)(C)
, added cl. (ii). Former cl. (ii) redesignated (iii).
Subsec. (a)(43)(K)(iii).
Pub. L. 104–132, § 440(e)(2)(B)
, redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii).
Pub. L. 104–208, § 321(a)(6)
, added cl. (iii).
Subsec. (a)(43)(M).
Pub. L. 104–208, § 321(a)(7)
, substituted “$10,000” for “$200,000” in cls. (i) and (ii).
Subsec. (a)(43)(N).
Pub. L. 104–208, § 322(a)(2)(A)
, which directed amendment of subpar. (N) by striking “imposed (regardless of any suspension of imprisonment)”, could not be executed because that phrase did not appear subsequent to amendment by
Pub. L. 104–208, § 321(a)(8)
. See below.
Pub. L. 104–208, § 321(a)(8)
, substituted “, except in the case of a first offense for which the
alien
has affirmatively shown that the
alien
committed the offense for the purpose of assisting, abetting, or aiding only the
alien’
s spouse,
child,
or parent (and no other individual) to violate a provision of this chapter” for “for which the term of imprisonment imposed (regardless of any suspension of imprisonment) at least one year;”.
Pub. L. 104–208, § 321(a)(3)
, substituted “at least one year” for “is at least 5 years”.
Pub. L. 104–132, § 440(e)(3)
, amended subpar. (N) generally. Prior to amendment, subpar. (N) read as follows: “an offense described in
section 274(a)(1) of title 18
United States
Code (relating to
alien
smuggling) for the purpose of commercial advantage;”.
Subsec. (a)(43)(O).
Pub. L. 104–132, § 440(e)(7)
, added subpar. (O).
Pub. L. 104–132, § 440(e)(6)
, redesignated subpar. (O) as (P).
Pub. L. 104–132, § 440(e)(4)
, amended subpar. (O) generally. Prior to amendment subpar. (O) read as follows: “an offense described in
section 1546(a) of title 18
(relating to document fraud) which constitutes trafficking in the documents described in such section for which the term of imprisonment imposed (regardless of any suspicion of such imprisonment) is at least 5 years;”.
Subsec. (a)(43)(P).
Pub. L. 104–208, § 322(a)(2)(A)
, which directed amendment of subpar. (P) by striking out “imposed (regardless of any suspension of imprisonment)”, was executed by striking out “imposed (regardless of any suspension of such imprisonment)” after “term of imprisonment” to reflect the probable intent of
Congress
Pub. L. 104–208, § 321(a)(9)
, substituted “12 months, except in the case of a first offense for which the
alien
has affirmatively shown that the
alien
committed the offense for the purpose of assisting, abetting, or aiding only the
alien’
s spouse,
child,
or parent (and no other individual) to violate a provision of this chapter” for “18 months”.
Pub. L. 104–208, § 321(a)(3)
, which directed amendment of subpar. (P) by substituting “at least one year” for “is at least 5 years”, could not be executed because “is at least 5 years” did not appear subsequent to amendments by
Pub. L. 104–132, § 440(e)(4)
, (6). See above.
Pub. L. 104–132, § 440(e)(6)
, redesignated subpar. (O) as (P). Former subpar. (P) redesignated (Q).
Pub. L. 104–132, § 440(e)(5)
, substituted “5 years or more;” for “15 years or more; and”.
Subsec. (a)(43)(Q).
Pub. L. 104–132, § 440(e)(6)
, redesignated subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R).
Pub. L. 104–208, § 321(a)(10)
, substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.
Pub. L. 104–132, § 440(e)(8)
, added subpar. (R).
Subsec. (a)(43)(S).
Pub. L. 104–208, § 321(a)(11)
, substituted “for which the term of imprisonment is at least one year” for “for which a sentence of 5 years’ imprisonment or more may be imposed”.
Pub. L. 104–132, § 440(e)(8)
, added subpar. (S).
Subsec. (a)(43)(T).
Pub. L. 104–132, § 440(e)(8)
, added subpar. (T).
Subsec. (a)(43)(U).
Pub. L. 104–132, § 440(e)(6)
, redesignated subpar. (Q) as (U).
Subsec. (a)(47).
Pub. L. 104–132, § 440(b)
, added par. (47).
Subsec. (a)(48).
Pub. L. 104–208, § 322(a)(1)
, added par. (48).
Subsec. (a)(49).
Pub. L. 104–208, § 361(a)
, added par. (49).
Subsec. (b)(4).
Pub. L. 104–208, § 371(a)
, amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The term ‘special inquiry officer’ means any
immigration officer
who the
Attorney General
deems specially qualified to conduct specified classes of proceedings, in whole or in part, required by this chapter to be conducted by or before a special inquiry officer and who is designated and selected by the
Attorney General,
individually or by regulation, to conduct such proceedings. Such special inquiry officer shall be subject to such supervision and shall perform such duties, not inconsistent with this chapter, as the
Attorney General
shall prescribe.”
Subsec. (c)(1).
Pub. L. 104–208, § 671(e)(2)
, substituted “and 1432” for “, 1432, and 1433”.
Subsec. (f)(3).
Pub. L. 104–208, § 308(d)(3)(A)
, substituted “inadmissible” for “excludable”.
Subsec. (g).
Pub. L. 104–208, § 308(e)(3)
, substituted “deported or removed” for “deported” in two places.
1995—Subsec. (b)(1)(A).
Pub. L. 104–51, § 1(1)(A)
, substituted
“child
born in wedlock” for “legitimate
child”
Subsec. (b)(1)(D).
Pub. L. 104–51, § 1(1)(B)
, substituted “a
child
born out of wedlock” for “an illegitimate
child”
Subsec. (b)(2).
Pub. L. 104–51, § 1(2)
substituted “a
child
born out of wedlock” for “an illegitimate
child”
1994—Subsec. (a)(1).
Pub. L. 103–236
substituted “official designated by the Secretary of
State
pursuant to
section 1104(b) of this title
” for “Assistant Secretary of
State
for Consular Affairs”.
Subsec. (a)(15)(S).
Pub. L. 103–322
added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III).
Pub. L. 103–416, § 214
, substituted “1997,” for “1994,”.
Subsec. (a)(27)(D).
Pub. L. 103–416, § 201
, inserted “or of the American Institute in Taiwan,” after “Government abroad,” and “(or, in the case of the American Institute in Taiwan, the Director thereof)” after
“Service
establishment”.
Subsec. (a)(27)(F)(ii).
Pub. L. 103–337
inserted “or continues to be employed by the
United States
Government in an area of the former Canal Zone” after “employment”.
Subsec. (a)(27)(I)(iii)(II).
Pub. L. 103–416, § 202
, added subcl. (II) and struck out former subcl. (II) which read as follows: “files a petition for status under this subparagraph before
January 1, 1993
, and no later than six months after the date of such retirement or six months after
October 24, 1988
, whichever is later; or”.
Subsec. (a)(27)(J)(i).
Pub. L. 103–416, § 219(a)
, substituted “or whom such a court has legally committed to, or placed under the custody of, an agency or department of a
State
and who has” for “and has” before “been deemed”.
Subsec. (a)(43).
Pub. L. 103–416, § 222(a)
, amended par. (43) generally. Prior to amendment, par. (43) read as follows: “The term
‘aggravated felony’
means murder, any illicit trafficking in any controlled substance (as defined in
section 802 of title 21
), including any drug trafficking crime as defined in
section 924(c)(2) of title 18
, or any illicit trafficking in any firearms or destructive devices as defined in section 921 of such title, any offense described in
section 1956 of title 18
(relating to laundering of monetary instruments), or any crime of violence (as defined in
section 16 of title 18
, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years, or any attempt or conspiracy to commit any such act. Such term applies to offenses described in the previous sentence whether in violation of Federal or
State
law and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years.”
1991—Subsec. (a)(15)(D)(i).
Pub. L. 102–232, § 309(b)(1)
, inserted a comma after
“States)
”.
Subsec. (a)(15)(H)(i)(b).
Pub. L. 102–232, § 303(a)(7)(A)
, struck out “, and had approved by,” after “has filed with”.
Pub. L. 102–232, § 303(a)(5)(A)
, inserted “subject to
section 1182(j)(2) of this title
,” after “or (b)”.
Pub. L. 102–232, § 207(b)
, inserted “or as a fashion model” after “
section 1184(i)(1) of this title
” and “or, in the case of a fashion model, is of distinguished merit and ability” after “
section 1184(i)(2) of this title
”.
Subsec. (a)(15)(O)(i).
Pub. L. 102–232, § 205(b)
, struck out before semicolon at end “, but only if the
Attorney General
determines that the
alien’
s entry into the
United States
will substantially benefit prospectively the
United States”
Subsec. (a)(15)(O)(ii)(III)(b).
Pub. L. 102–232, § 205(c)
, substituted “significant production (including pre- and post-production work)” for “significant principal photography”.
Subsec. (a)(15)(P)(i).
Pub. L. 102–232, § 203(a)
, amended cl. (i) generally. Prior to amendment, cl. (i) read as follows:
“(I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and
substantial
period of time and has had a sustained and
substantial
relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and
“(II) seeks to enter the
United States
temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance;”.
Subsec. (a)(15)(P)(ii)(II).
Pub. L. 102–232, § 206(b)
, (c)(1), inserted “or
organizations”
after “and an
organization”
and struck out before semicolon at end “, between the
United States
and the
foreign states
involved”.
Subsec. (a)(15)(P)(iii)(II).
Pub. L. 102–232, § 206(d)
, substituted “to perform, teach, or coach” for “for the purpose of performing” and inserted “commercial or noncommercial” before “program”.
Subsec. (a)(15)(Q).
Pub. L. 102–232, § 303(a)(14)
, substituted “approved” for “designated”.
Subsec. (a)(24).
Pub. L. 102–232, § 305(m)(1)
, struck out par. (24) which defined
“naturalization
court”.
Subsec. (a)(27)(I)(ii)(II), (iii)(II).
Pub. L. 102–232, § 302(e)(8)(A)
, substituted “files a petition for status” for “applies for a visa or adjustment of status”.
Subsec. (a)(27)(K).
Pub. L. 102–110
added subpar. (K).
Subsec. (a)(43).
Pub. L. 102–232, § 306(a)(1)
, struck out comma before period at end of first sentence.
Subsec. (a)(46).
Pub. L. 102–232, § 205(a)
, added par. (46).
Subsec. (c)(1).
Pub. L. 102–232, § 309(b)(4)
, struck out reference to section 1434.
1990—Subsec. (a)(15)(D)(i).
Pub. L. 101–649, § 203(c)
, substituted “a capacity” for “any capacity” and inserted “, as defined in
section 1288(a) of this title
” after “on board a vessel”.
Subsec. (a)(15)(E)(i).
Pub. L. 101–649, § 204(a)
, inserted “, including trade in
services
or trade in technology” after
“substantial
trade”.
Subsec. (a)(15)(H).
Pub. L. 101–649, § 205(e)(1)
, struck out “having a
residence
in a foreign country which he has no intention of abandoning” after “an
alien”
Subsec. (a)(15)(H)(i)(a).
Pub. L. 101–649, § 162(f)(2)(A)
, substituted “for each facility (which facility shall include the petitioner and each worksite, other than a private household worksite, if the worksite is not the
alien’
s employer or controlled by the employer) for which the
alien
will perform the
services,
or” for “for the facility for which the
alien
will perform the
services,
or”.
Subsec. (a)(15)(H)(i)(b).
Pub. L. 101–649, § 205(c)(1)
, substituted “who is coming temporarily to the
United States
to perform
services
(other than
services
described in subclause (a) during the period in which such subclause applies and other than
services
described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in
section 1184(i)(1) of this title
, who meets the requirements for the occupation specified in
section 1184(i)(2) of this title
, and with respect to whom the Secretary of Labor determines and certifies to the
Attorney General
that the intending employer has filed with, and had approved by, the Secretary an application under
section 1182(n)(1) of this title
” for “who is of distinguished merit and ability and who is coming temporarily to the
United States
to perform
services
(other than
services
as a registered nurse) of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the
United States
to perform
services
as a member of the medical
profession,
is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the
United States
to teach or conduct research, or both, at or for such institution or agency”.
Subsec. (a)(15)(H)(ii).
Pub. L. 101–649, § 205(e)(2)
, (3), substituted “(a) having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States”
for “who is coming temporarily to the
United States
(a)”, and in subcl. (b) inserted “having a
residence
in a foreign country which he has no intention of abandoning who is coming temporarily to the
United States”
after “(b)”.
Subsec. (a)(15)(H)(iii).
Pub. L. 101–649, § 205(e)(4)
, inserted “having a
residence
in a foreign country which he has no intention of abandoning” after “(iii)”.
Pub. L. 101–649, § 205(d)
, inserted “, in a training program that is not designed primarily to provide productive employment” before semicolon at end.
Subsec. (a)(15)(L).
Pub. L. 101–649, § 206(c)
, substituted “within 3 years preceding” for “immediately preceding”.
Subsec. (a)(15)(O), (P).
Pub. L. 101–649, § 207(a)
, added subpars. (O) and (P).
Subsec. (a)(15)(Q).
Pub. L. 101–649, § 208
, added subpar. (Q).
Subsec. (a)(15)(R).
Pub. L. 101–649, § 209(a)
, added subpar. (R).
Subsec. (a)(27)(C).
Pub. L. 101–649, § 151(a)
, amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “(i) an
immigrant
who continuously for at least two years immediately preceding the time of his application for admission to the
United States
has been, and who seeks to enter the
United States
solely for the purpose of carrying on the vocation of minister of a religious denomination, and whose
services
are needed by such religious denomination having a bona fide
organization
in the
United States;
and (ii) the spouse or the
child
of any such
immigrant,
if accompanying or following to join him;”.
Subsec. (a)(27)(J).
Pub. L. 101–649, § 153(a)
, added subpar. (J).
Subsec. (a)(36).
Pub. L. 101–649, § 407(a)(2)
, struck out “(except as used in
section 1421(a) of this title
)” after “includes”.
Subsec. (a)(43).
Pub. L. 101–649, § 501(a)(6)
, inserted “and also applies to offenses described in the previous sentence in violation of foreign law for which the term of imprisonment was completed within the previous 15 years” after “Federal or
State
law”.
Pub. L. 101–649, § 501(a)(5)
, inserted at end “Such term applies to offenses described in the previous sentence whether in violation of Federal or
State
law.”
Pub. L. 101–649, § 501(a)(4)
, struck out “committed within the
United States”
after “to commit any such act,”.
Pub. L. 101–649, § 501(a)(3)
, inserted “any offense described in
section 1956 of title 18
(relating to laundering of monetary instruments), or any crime of violence (as defined in
section 16 of title 18
, not including a purely political offense) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years,” after “section 921 of such title,”.
Pub. L. 101–649, § 501(a)(2)
, inserted “any illicit trafficking in any controlled substance (as defined in
section 802 of title 21
), including” after “murder,”.
Pub. L. 101–649, § 501(a)(1)
, aligned margin of par. (43).
Subsec. (a)(44).
Pub. L. 101–649, § 123
, added par. (44).
Subsec. (a)(45).
Pub. L. 101–649, § 204(c)
, added par. (45).
Subsec. (f)(3).
Pub. L. 101–649, § 603(a)(1)(A)
, substituted “paragraphs (2)(D), (6)(E), and (9)(A)” for “paragraphs (11), (12), and (31)”.
Pub. L. 101–649, § 603(a)(1)(B)
, substituted “subparagraphs (A) and (B) of
section 1182(a)(2) of this title
and subparagraph (C) thereof” for “paragraphs (9) and (10) of
section 1182(a) of this title
and paragraph (23)”.
Subsec. (f)(8).
Pub. L. 101–649, § 509(a)
, substituted “an
aggravated felony
(as defined in subsection (a)(43))” for “the crime of murder”.
Subsec. (h).
Pub. L. 101–649, § 603(a)(1)(C)
, substituted “1182(a)(2)(E) of this title” for “1182(a)(34) of this title”.
Pub. L. 101–246
added subsec. (h).
1989—Subsec. (a)(15)(H)(i).
Pub. L. 101–238
added subcl. (a), designated existing provisions as subcl. (b), and inserted “(other than
services
as a registered nurse)” after “to perform
services”
Subsec. (b)(2).
Pub. L. 101–162
inserted before period at end “, except that, for purposes of paragraph (1)(F) (other than the second proviso therein) in the case of an illegitimate
child
described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the
child
if the father has disappeared or abandoned or deserted the
child
or if the father has in writing irrevocably released the
child
for emigration and adoption”.
1988—Subsec. (a)(15)(J).
Pub. L. 100–525, § 9(a)(1)
, substituted “Director of the
United States
Information Agency” for “Secretary of
State”
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II).
Pub. L. 100–525, § 2
(o)(1), substituted “
October 24, 1988
” for “
November 6, 1986
” and “applies for a visa or adjustment of status” for “applies for admission”.
Subsec. (a)(38).
Pub. L. 100–525, § 9(a)(2)
, struck out “For the purpose of issuing certificates of citizenship to
persons
who are citizens of the
United States,
the term
‘United States’
as used in
section 1452 of this title
includes the Canal Zone.”
Subsec. (a)(43).
Pub. L. 100–690
added par. (43).
Subsec. (b)(2).
Pub. L. 100–459
, temporarily inserted before period at end “, except that, for purposes of paragraph (1)(F) in the case of an illegitimate
child
described in paragraph (1)(D) (and not described in paragraph (1)(C)), the term ‘parent’ does not include the natural father of the
child
if the father has disappeared or abandoned or deserted the
child
or if the father has in writing irrevocably released the
child
for emigration and adoption”. See Effective and Termination Dates of 1988 Amendments note below.
Subsec. (c)(1).
Pub. L. 100–525, § 8(b)
, repealed
Pub. L. 99–653, § 3
. See 1986 Amendment note below.
Subsec. (d).
Pub. L. 100–525, § 9(a)(3)
, struck out subsec. (d) defining “veteran”, “Spanish-American War”, “World War I”, “World War II”, and “Korean hostilities” as those terms were used in part III of subchapter III of this chapter.
1986—Subsec. (a)(15)(D).
Pub. L. 99–505
designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H).
Pub. L. 99–603, § 301(a)
, designated existing provisions of cl. (ii) as subcl. (b) and added subcl. (a) relating to
persons
performing agricultural labor or
services
as defined by the Secretary of Labor in regulations and including agricultural labor as defined in
section 3121(g) of title 26
and agriculture as defined in
section 203(f) of title 29
of a temporary or seasonal nature.
Subsec. (a)(15)(N).
Pub. L. 99–603, § 312(b)
, added subpar. (N).
Subsec. (a)(27)(I).
Pub. L. 99–603, § 312(a)
, added subpar. (I).
Subsec. (b)(1)(D).
Pub. L. 99–603, § 315(a)
, inserted “or to its natural father if the father has or had a bona fide parent
-child
relationship with the
person”
Subsec. (b)(1)(E).
Pub. L. 99–653, § 2
, struck out “thereafter” after “the
child
has”.
Subsec. (c)(1).
Pub. L. 99–653, § 3
, which struck out par. (1) defining
“child”
, was repealed by
Pub. L. 100–525, § 8(b)
, and such par. (1) was revived as of
Nov. 14, 1986
, see Repeal and Revival note below.
1984—Subsec. (a)(9). Priv. L. 98–47 struck out provisions which directed that in Canal Zone and
outlying possessions of the United States
“consular officer”
meant an officer designated by the Governor of the Canal Zone, or the governors of the outlying possessions for purposes of issuing
immigrant
or
nonimmigrant visas
under this chapter.
1981—Subsec. (a)(15)(F).
Pub. L. 97–116
, §§ 2(a)(1), 18(a)(1), substituted in cl. (i) “college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program” for “institution of learning or other recognized place of study”, and “Secretary of Education” for “Office of Education of the
United States”
Subsec. (a)(15)(H), (J), (K), (L).
Pub. L. 97–116, § 18(a)(2)
, substituted a semicolon for a period at end of subpars. (H), (J), (K), and (L) and inserted “or” at end of subpar. (L).
Subsec. (a)(15)(M).
Pub. L. 97–116, § 2(a)(2)
, added subpar. (M).
Subsec. (a)(27)(H).
Pub. L. 97–116, § 5(d)(1)
, added subpar. (H).
Subsec. (a)(33).
Pub. L. 97–116, § 18(a)(3)
, struck out provision that
residence
be considered continuous for the purposes of sections 1482 and 1484 of this title where there is a continuity of stay but not necessarily an uninterrupted physical presence in a
foreign state
or
states
or outside the
United States.
Subsec. (b)(1)(A), (B).
Pub. L. 97–116, § 18(a)(5)(A)
, struck out “or” at the end.
Subsec. (b)(1)(C).
Pub. L. 97–116, § 18(a)(5)(B)
, substituted a semicolon for the period at end.
Subsec. (b)(1)(E).
Pub. L. 97–116
, §§ 2(b), 18(a)(5)(C), substituted “sixteen” for “fourteen”, and “; or” for the period at the end.
Subsec. (b)(1)(F).
Pub. L. 97–116, § 2(b)
, substituted “sixteen” for “fourteen”.
Subsec. (f).
Pub. L. 97–116, § 2(c)
, struck out par. (2) which provided that a
person
not be considered a
person
of good moral character if within the period for which good moral character is required to be established the
person
commits adultery, and substituted in par. (3) “paragraphs (9) and (10) of
section 1182(a) of this title
and paragraph (23) of such section (except as such paragraph relates to a single offense of simple possession of 30 grams or less of marihuana)” for “paragraphs (9), (10), and (23) of
section 1182(a) of this title
”.
1980—Subsec. (a)(42).
Pub. L. 96–212
added par. (42).
1979—Subsec. (a)(27)(E) to (G).
Pub. L. 96–70
added subpars. (E) to (G).
1977—Subsec. (a)(1).
Pub. L. 95–105
substituted “Assistant Secretary of
State
for Consular Affairs” for
“administrator
of the Bureau of Security and Consu­lar Affairs of the
Department of State
”.
Subsec. (a)(41).
Pub. L. 95–83
inserted “a” after “graduates of” and “, other than such
aliens
who are of
national
or international renown in the field of medicine” after “in a
foreign state”
1976—Subsec. (a)(15)(H)(i).
Pub. L. 94–484, § 601(b)(1)
, inserted “, and who, in the case of a graduate of a medical school coming to the
United States
to perform
services
as a member of the medical
profession,
is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the
United States
to teach or conduct research, or both, at or for such institution or agency”.
Subsec. (a)(15)(H)(ii).
Pub. L. 94–484, § 601(b)(2)
, inserted “, but this clause shall not apply to graduates of medical schools coming to the
United States
to perform
services
as members of the medical
profession”
Subsec. (a)(15)(H)(iii).
Pub. L. 94–484, § 601(b)(3)
, inserted “, other than to receive graduate medical education or training”.
Subsec. (a)(15)(J).
Pub. L. 94–484, § 601(b)(4)
, inserted “and who, if he is coming to the
United States
to participate in a program under which he will receive graduate medical education or training, also meets the requirements of
section 1182(j) of this title
”.
Subsec. (a)(27).
Pub. L. 94–571
struck out subpar. (A) provision defining term “special
immigrant”
to include an
immigrant
born in any independent foreign country of the Western Hemisphere or in the Canal Zone and the spouse and children of any such
immigrant,
if accompanying, or following to join him and restricting issuance of an
immigrant
visa until
consular officer
was in receipt of a determination made by the Secretary of Labor pursuant to former provisions of
section 1182(a)(14) of this title
; and redesignated as subpars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41).
Pub. L. 94–484, § 601(e)
, added par. (41).
1975—Subsec. (b)(1)(F).
Pub. L. 94–155
provided for adoption of
alien
children under the age of fourteen by unmarried
United States
citizens who are at least twenty-five years of age and inserted requirement that before adoption the
Attorney General
be satisfied that proper care will be provided the
child
after admission.
1970—Subsec. (a)(15)(H).
Pub. L. 91–225, § 1(a)
, provided for nonimmigrant
alien
status for
alien
spouse and minor children of any
alien
specified in par. (H) if accompanying him or following to join him and struck out “temporary”, “other”, and “industrial” before
“services”
, “temporary
services”
, and “trainee” in cls. (i) to (iii), respectively.
Subsec. (a)(15)(K), (L).
Pub. L. 91–225, § 1(b)
, added subpars. (K) and (L).
1966—Subsec. (a)(38).
Pub. L. 89–710
inserted sentence providing that term
“United States”
as used in
section 1452 of this title
, for the purpose of issuing certificates of citizenship to
persons
who are citizens of the
United States,
shall include the Canal Zone.
1965—Subsec. (a)(27).
Pub. L. 89–236, § 8(a)
, substituted “special
immigrant”
for “nonquota
immigrant”
as term being defined.
Subsec. (a)(32).
Pub. L. 89–236, § 8(b)
, substituted term
“profession”
and its definition for term “quota
immigrant”
and its definition.
Subsec. (b)(1)(F).
Pub. L. 89–236, § 8(c)
, expanded definition to include a
child,
under the age of 14 at the time a petition is filed in his behalf to accord a classification as an immediate relative or who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care which will be provided the
child
if admitted to the
United States
and who has in writing irrevocably released the
child
for emigration and adoption, and made minor amendments in the existing definition.
Subsec. (b)(6).
Pub. L. 89–236, § 24
, struck out par. (6) which defined term “eligible orphan”.
1961—Subsec. (a)(15).
Pub. L. 87–256
included the
alien
spouse and minor children of any such
alien
if accompanying him or following to join him in subpar. (F), and added subpar. (J).
Subsec. (b)(1)(F).
Pub. L. 87–301, § 2
, added subpar. (F).
Subsec. (b)(6).
Pub. L. 87–301, § 1
, added par. (6).
Subsec. (d)(1).
Pub. L. 87–301, § 7(a)
, inserted “or from
June 25, 1950
, to
July 1, 1955
,”.
Subsec. (d)(2).
Pub. L. 87–301, § 7(b)
, inserted definition of “Korean hostilities”.
1959—Subsec. (a)(36).
Pub. L. 86–3
struck out reference to Hawaii.
1958—Subsec. (a)(36).
Pub. L. 85–508
struck out reference to Alaska.
1957—Subsec. (b)(1).
Pub. L. 85–316
inserted “whether or not born out of wedlock” in subpar. (B), and added subpars. (D) and (E).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors
renamed
United States
Agency for Global Media pursuant to
section 6204(a)(21) of Title 22
, Foreign Relations and Intercourse. The renaming was effectuated by notice to congressional appropriations committees dated
May 24, 2018
, and became effective
Aug. 22, 2018
Effective Date of 2021 Amendment
Pub. L. 117–31, title IV, § 403(d)
July 30, 2021
135 Stat. 319
, provided that:
“The amendments made by this section [amending this section and provisions set out as notes under this section and
section 1157 of this title
] shall be effective on
June 30, 2021
, and shall have retroactive effect.”
Effective Date of 2010 Amendment
Pub. L. 111–306, § 1(b)
Dec. 14, 2010
124 Stat. 3280
, provided that:
“(1)
In general.—
Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall—
“(A)
take effect on the date that is 180 days after the date of the enactment of this Act [
Dec. 14, 2010
]; and
“(B)
apply with respect to applications for a
nonimmigrant visa
under section 101(a)(15)(F)(i) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(F)(i)
) that are filed on or after the effective date described in subparagraph (A).
“(2)
Temporary exception.—
“(A)
In general.—
Notwithstanding section 101(a)(15)(F)(i) of the
Immigration and Nationality Act
, as amended by subsection (a), during the 3-year period beginning on the date of the enactment of this Act, an
alien
seeking to enter the
United States
to pursue a course of study at a language training program that has been certified by the
Secretary of Homeland Security
and has not been accredited or denied accreditation by an entity described in section 101(a)(52) of such Act [
8 U.S.C. 1101(a)(52)
] may be granted a
nonimmigrant visa
under such section 101(a)(15)(F)(i).
“(B)
Additional requirement.—
An
alien
may not be granted a
nonimmigrant visa
under subparagraph (A) if the sponsoring institution of the language training program to which the
alien
seeks to enroll does not—
“(i)
submit an application for the accreditation of such program to a regional or
national
accrediting agency recognized by the Secretary of Education within 1 year after the date of the enactment of this Act; and
“(ii)
comply with the applicable accrediting requirements of such agency.”
Pub. L. 111–287, § 4
Nov. 30, 2010
124 Stat. 3059
, provided that:
“(a)
In General.—
Except as provided in subsection (b), the amendments made by this Act [amending this section and
section 1182 of this title
] shall take effect on the date of the enactment of this Act [
Nov. 30, 2010
].
“(b)
Exception.—
An
alien
who is described in section 101(b)(1)(G)(iii) of the
Immigration and Nationality Act
8 U.S.C. 1101(b)(1)(G)(iii)
], as added by section 3, and attained 18 years of age on or after
April 1, 2008
, shall be deemed to meet the age requirement specified in subclause (III) of such section if a petition for classification of the
alien
as an immediate relative under section 201(b) of the
Immigration and Nationality Act
8 U.S.C. 1151(b)
) is filed not later than 2 years after the date of the enactment of this Act.”
Effective Date of 2008 Amendment
Pub. L. 110–457, title II, § 201(f)
Dec. 23, 2008
122 Stat. 5054
, provided that:
“The amendments made by this section [amending this section and sections
1184
and
1255
of this title] shall—
“(1)
take effect on the date of enactment of the Act [
Dec. 23, 2008
]; and
“(2)
apply to applications for immigration benefits filed on or after such date.”
Pub. L. 110–391, § 2(d)
Oct. 10, 2008
122 Stat. 4193
, provided that:
“The amendments made by subsection (a) [amending this section] shall take effect on the date that the
Secretary of Homeland Security
submits the certification described in subsection (b)(2) [set out as a note below] stating that the final regulations required by subsection (b)(1) [set out as a note below] have been issued and are in effect [Notice that the regulations have been issued and are in effect
Nov. 26, 2008
, was published in the Federal Register,
Nov. 26, 2008
. See 73 F.R.
72298
.].”
Amendment by
Pub. L. 110–229
effective on the transition program effective date described in
section 1806 of Title 48
, Territories and Insular Possessions, see
section 705(b) of Pub. L. 110–229
, set out as an Effective Date note under
section 1806 of Title 48
Effective Date of 2006 Amendment
Pub. L. 109–162, title VIII, § 822(c)(2)
Jan. 5, 2006
119 Stat. 3063
, provided that:
“The amendment made by paragraph (1) [amending this section] shall be effective as if included in section 603(a)(1) of the
Immigration Act of 1990
Public Law 101–649
104 Stat. 5082
).”
Effective and Termination Dates of 2003 Amendment
Pub. L. 108–99, § 2
Oct. 15, 2003
117 Stat. 1176
, provided that:
“The amendment made by section 1 [amending this section] shall take effect on
October 1, 2003
.”
Amendment by
Pub. L. 108–77
effective on the date the
United States-
Chile Free Trade Agreement enters into force (
Jan. 1, 2004
), and ceases to be effective on the date the Agreement ceases to be in force, see
section 107 of Pub. L. 108–77
, set out in a note under
section 3805 of Title 19
, Customs Duties.
Effective Date of 2000 Amendment
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(e)]
Dec. 21, 2000
114 Stat. 2762
, 2762A–144, provided that:
“The amendments made by this section [amending this section and sections
1184
and
1255
of this title] shall take effect on the date of the enactment of this Act [
Dec. 21, 2000
] and shall apply to an
alien
who is the beneficiary of a classification petition filed under section 204 of the
Immigration and Nationality Act
8 U.S.C. 1154
] on or before the date of the enactment of this Act.”
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(d)]
Dec. 21, 2000
114 Stat. 2762
, 2762A–146, provided that:
“The amendments made by this section [amending this section and sections
1184
1186a
, and
1255
of this title] shall take effect on the date of the enactment of this Act [
Dec. 21, 2000
] and shall apply to an
alien
who is the beneficiary of a classification petition filed under section 204 of the
Immigration and Nationality Act
8 U.S.C. 1154
] before, on, or after the date of the enactment of this Act.”
Pub. L. 106–409, § 2(b)
Nov. 1, 2000
114 Stat. 1787
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on
October 1, 2000
.”
Pub. L. 106–395, title II, § 201(a)(2)
Oct. 30, 2000
114 Stat. 1633
, provided that:
“The amendment made by paragraph (1) [amending this section] shall be effective as if included in the enactment of the Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996 (
Public Law 104–208
110 Stat. 3009–546
) and shall apply to individuals having an application for a benefit under the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.] pending on or after
September 30, 1996
.”
Amendment by
Pub. L. 106–279
effective
Apr. 1, 2008
, see section 505(a)(2), (b) of
Pub. L. 106–279
, set out as an Effective Dates; Transition Rule note under
section 14901 of Title 42
, The Public Health and Welfare.
Effective Date of 1999 Amendment
Amendment by
Pub. L. 106–95
applicable to classification petitions filed for nonimmigrant status only beginning on the date that interim or final regulations are first promulgated and ending on the date 3 years after
Dec. 20, 2006
, see
section 2(e) of Pub. L. 106–95
, as amended, set out as a note under
section 1182 of this title
Effective Date of 1998 Amendment
Amendment by
section 2(e)(2) of Pub. L. 105–319
effective
Oct. 1, 2008
, see
section 2(e)(2) of Pub. L. 105–319
, formerly set out in an Irish Peace Process Cultural and Training Program note below.
Effective Date of 1997 Amendment
Pub. L. 105–139, § 1(f)
Dec. 2, 1997
111 Stat. 2645
, provided that:
“The amendments made by this section [amending provisions set out as notes under this section and sections
1151
1153
, and
1255
of this title]—
“(1)
shall take effect upon the enactment of the
Nicaraguan Adjustment and Central American Relief Act
[title II of
Pub. L. 105–100
, approved
Nov. 19, 1997
] (as contained in the
District of Columbia Appropriations Act, 1998
); and
“(2)
shall be effective as if included in the enactment of such Act.”
Pub. L. 105–54, § 1(b)
Oct. 6, 1997
111 Stat. 1175
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [
Oct. 6, 1997
].”
Effective Date of 1996 Amendment
Pub. L. 104–208, div. C, title I, § 104(b)
Sept. 30, 1996
110 Stat. 3009–556
, as amended by
Pub. L. 105–277, div. A, § 101(b) [title IV, § 410(c)]
Oct. 21, 1998
112 Stat. 2681–50
, 2681–104;
Pub. L. 107–173, title VI, § 601
May 14, 2002
116 Stat. 564
, provided that:
“(1)
Clause a.—
Clause (A) of the sentence added by the amendment made by subsection (a) [amending this section] shall apply to documents issued on or after 18 months after the date of the enactment of this Act [
Sept. 30, 1996
].
“(2)
Clause b.—
Clause (B) of such sentence shall apply to cards presented on or after 6 years after the date of the enactment of this Act.”
Pub. L. 104–208, div. C, title III, § 309
Sept. 30, 1996
110 Stat. 3009–625
, as amended by
Pub. L. 104–302, § 2(2)
, (3),
Oct. 11, 1996
110 Stat. 3657
Pub. L. 105–100, title II
, §§ 203(a)–(c), 204(d),
Nov. 19, 1997
111 Stat. 2196–2199
, 2201;
Pub. L. 105–139, § 1(c)
Dec. 2, 1997
111 Stat. 2644
Pub. L. 106–386, div. B, title V
, §§ 1506(b)(3), 1510(b),
Oct. 28, 2000
114 Stat. 1527
, 1531;
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1505(c)]
Dec. 21, 2000
114 Stat. 2763
, 2763A–327, provided that:
“(a)
In General.—
Except as provided in this section and sections
303(b)(2)
306(c)
308(d)(2)(D)
, or
308(d)(5)
of this division [amending sections
1225
1227
, and
1251
of this title, enacting provisions set out as notes under sections
1225
1226
1227
, and
1252
of this title, and repealing provisions set out as a note under
section 1225 of this title
], this subtitle [subtitle A (§§ 301–309) of title III of div. C of
Pub. L. 104–208
, see Tables for classification] and the amendments made by this subtitle shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act [
Sept. 30, 1996
] (in this title [see Tables for classification] referred to as the ‘title III–A effective date’).
“(b)
Promulgation of Regulations.—
The
Attorney General
shall first promulgate regulations to carry out this subtitle by not later than 30 days before the title III–A effective date.
“(c)
Transition for Certain Aliens.—
“(1)
General rule that new rules do not apply.—
Subject to the succeeding provisions of this subsection, in the case of an
alien
who is in exclusion or deportation proceedings before the title III–A effective date—
“(A)
the amendments made by this subtitle shall not apply, and
“(B)
the proceedings (including judicial review thereof) shall continue to be conducted without regard to such amendments.
“(2)
Attorney general option to elect to apply new procedures.—
In a case described in paragraph (1) in which an evidentiary hearing under section 236 or 242 and 242B of the
Immigration and Nationality Act
8 U.S.C. 1226
, 1252, former 1252b] has not commenced as of the title III–A effective date, the
Attorney General
may elect to proceed under chapter 4 of title II of such Act [
8 U.S.C. 1221
et seq.] (as amended by this subtitle). The
Attorney General
shall provide notice of such election to the
alien
involved not later than 30 days before the date any evidentiary hearing is commenced. If the
Attorney General
makes such election, the notice of hearing provided to the
alien
under section 235 or 242(a) of such Act [
8 U.S.C. 1225
, 1252(a)] shall be valid as if provided under section 239 of such Act [
8 U.S.C. 1229
] (as amended by this subtitle) to confer jurisdiction on the
immigration judge.
“(3)
Attorney general option to terminate and reinitiate proceedings.—
In the case described in paragraph (1), the
Attorney General
may elect to terminate proceedings in which there has not been a final administrative decision and to reinitiate proceedings under chapter 4 of title II [of] the
Immigration and Nationality Act
8 U.S.C. 1221
et seq.] (as amended by this subtitle). Any determination in the terminated proceeding shall not be binding in the reinitiated proceeding.
“(4)
Transitional changes in judicial review.—
In the case in which a final order of exclusion or deportation is entered more than 30 days after the date of the enactment of this Act [
Sept. 30, 1996
], notwithstanding any provision of section 106 of the
Immigration and Nationality Act
[former
8 U.S.C. 1105a
] (as in effect as of the date of the enactment of this Act) to the contrary—
“(A)
in the case of judicial review of a final order of exclusion, subsection (b) of such section shall not apply and the action for judicial review shall be governed by the provisions of subsections (a) and (c) of such [section] in the same manner as they apply to judicial review of orders of deportation;
“(B)
a court may not order the taking of additional evidence under
section 2347(c) of title 28
United States
Code;
“(C)
the petition for judicial review must be filed not later than 30 days after the date of the final order of exclusion or deportation;
“(D)
the petition for review shall be filed with the court of appeals for the judicial circuit in which the administrative proceedings before the special inquiry officer or
immigration judge
were completed;
“(E)
there shall be no appeal of any discretionary decision under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act
8 U.S.C.
former 1182(c), 1182(h), (i), former 1254, 1255] (as in effect as of the date of the enactment of this Act [
Sept. 30, 1996
]);
“(F)
service
of the petition for review shall not stay the deportation of an
alien
pending the court’s decision on the petition, unless the court orders otherwise; and
“(G)
there shall be no appeal permitted in the case of an
alien
who is inadmissible or deportable by reason of having committed a criminal offense covered in section 212(a)(2) or section 241(a)(2)(A)(iii), (B), (C), or (D) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(2)
, former 1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the date of the enactment of this Act), or any offense covered by section 241(a)(2)(A)(ii) of such Act (as in effect on such date) for which both predicate offenses are, without regard to their date of commission, otherwise covered by section 241(a)(2)(A)(i) of such Act (as so in effect).
“(5)
Transitional rules with regard to suspension of deportation.—
“(A)
In general.—
Subject to subparagraphs (B) and (C), paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act
8 U.S.C. 1229b(d)(1)
, (2)] (relating to continuous
residence
or physical presence) shall apply to orders to show cause (including those referred to in section 242B(a)(1) of the
Immigration and Nationality Act
[former
8 U.S.C. 1252b(a)(1)
], as in effect before the title III–A effective date), issued before, on, or after the date of the enactment of this Act [
Sept. 30, 1996
].
“(B)
Exception for certain orders.—
In any case in which the
Attorney General
elects to terminate and reinitiate proceedings in accordance with paragraph (3) of this subsection, paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act
8 U.S.C. 1229b(d)(1)
, (2)] shall not apply to an order to show cause issued before
April 1, 1997
“(C)
Special rule for certain aliens granted temporary protection from deportation and for battered spouses and children.—
“(i)
In general.—
For purposes of calculating the period of continuous physical presence under section 244(a) of the
Immigration and Nationality Act
[former
8 U.S.C. 1254(a)
] (as in effect before the title III–A effective date) or section 240A of such Act [
8 U.S.C. 1229b
] (as in effect after the title III–A effective date), subparagraph (A) of this paragraph and paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act
shall not apply in the case of an
alien,
regardless of whether the
alien
is in exclusion or deportation proceedings before the title III–A effective date, who has not been convicted at any time of an
aggravated felony
(as defined in section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
]) and—
“(I)
was not apprehended after
December 19, 1990
, at the time of entry, and is—
“(aa)
a Salvadoran
national
who first entered the
United States
on or before
September 19, 1990
, and who registered for benefits pursuant to the settlement agreement in American Baptist Churches, et al. v. Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or before
October 31, 1991
, or applied for temporary protected status on or before
October 31, 1991
; or
“(bb)
a Guatemalan
national
who first entered the
United States
on or before
October 1, 1990
, and who registered for benefits pursuant to such settlement agreement on or before
December 31, 1991
“(II)
is a Guatemalan or Salvadoran
national
who filed an application for asylum with the Immigration and
Naturalization
Service
on or before
April 1, 1990
“(III)
is the spouse or
child
(as defined in section 101(b)(1) of the
Immigration and Nationality Act
8 U.S.C. 1101(b)(1)
]) of an individual, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such individual, if the individual has been determined to be described in this clause (excluding this subclause and subclause (IV));
“(IV)
is the
unmarried
son or daughter of an
alien
parent, at the time a decision is rendered to suspend the deportation, or cancel the removal, of such
alien
parent, if—
“(aa)
the
alien
parent has been determined to be described in this clause (excluding this subclause and subclause (III)); and
“(bb)
in the case of a son or daughter who is 21 years of age or older at the time such decision is rendered, the son or daughter entered the
United States
on or before
October 1, 1990
“(V)
is an
alien
who entered the
United States
on or before
December 31, 1990
, who filed an application for asylum on or before
December 31, 1991
, and who, at the time of filing such application, was a
national
of the Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or any
state
of the former Yugoslavia; or
“(VI)
is an
alien
who was issued an order to show cause or was in deportation proceedings before
April 1, 1997
, and who applied for suspension of deportation under section 244(a)(3) of the
Immigration and Nationality Act
[former
8 U.S.C. 1254(a)(3)
] (as in effect before the date of the enactment of this Act [
Sept. 30, 1996
]); or
“(VII)
(aa)
was the spouse or
child
of an
alien
described in subclause (I), (II), or (V)—
“(AA)
at the time at which a decision is rendered to suspend the deportation or cancel the removal of the
alien
“(BB)
at the time at which the
alien
filed an application for suspension of deportation or cancellation of removal; or
“(CC)
at the time at which the
alien
registered for benefits under the settlement agreement in American Baptist Churches, et. al. v. Thornburgh (ABC), applied for temporary protected status, or applied for asylum; and
“(bb)
the spouse,
child
, or
child
of the spouse has been battered or subjected to extreme cruelty by the
alien
described in subclause (I), (II), or (V).
“(ii)
Limitation on judicial review.—
A determination by the
Attorney General
as to whether an
alien
satisfies the requirements of clause (i) is final and shall not be subject to review by any court. Nothing in the preceding sentence shall be construed as limiting the application of section 242(a)(2)(B) of the
Immigration and Nationality Act
8 U.S.C. 1252(a)(2)(B)
] (as in effect after the title III–A effective date) to other eligibility determinations pertaining to discretionary relief under this Act [probably should be “division”, see Short Title of 1996 Amendment note below].
“(iii)
Consideration of petitions.—
In acting on a petition filed under subclause (VII) of clause (i) the provisions set forth in section 204(a)(1)(H) [probably means section 204(a)(1)(H) of the
Immigration and Nationality Act
, which is classified to
section 1154(a)(1)(H) of this title
] shall apply.
“(iv)
Residence with spouse or parent not required.—
For purposes of the application of clause (i)(VII), a spouse or
child
shall not be required to demonstrate that he or she is residing with the spouse or parent in the
United States.
“(6)
Transition for certain family unity aliens.—
The
Attorney General
may waive the application of section 212(a)(9) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(9)
], as inserted by section 301(b)(1) of this division, in the case of an
alien
who is provided benefits under the provisions of section 301 of the
Immigration Act of 1990
Pub. L. 101–649
, set out as a note under
section 1255a of this title
] (relating to family unity).
“(7)
Limitation on suspension of deportation.—
After
April 1, 1997
, the
Attorney General
may not suspend the deportation and adjust the status under section 244 of the
Immigration and Nationality Act
[former
8 U.S.C. 1254
] (as in effect before the title III–A effective date) of any
alien
in any fiscal year, except in accordance with section 240A(e) of such Act [
8 U.S.C. 1229b(e)
]. The previous sentence shall apply regardless of when an
alien
applied for such suspension and adjustment.
“(d)
Transitional References.—
For purposes of carrying out the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.], as amended by this subtitle—
“(1)
any reference in section 212(a)(1)(A) of such Act [
8 U.S.C. 1182(a)(1)(A)
] to the term ‘inadmissible’ is deemed to include a reference to the term ‘excludable’, and
“(2)
any reference in law to an order of removal shall be deemed to include a reference to an order of exclusion and deportation or an
order of deportation
“(e)
Transition.—
No period of time before the date of the enactment of this Act [
Sept. 30, 1996
] shall be included in the period of 1 year described in section 212(a)(6)(B)(i) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(6)(B)(i)
] (as amended by section 301(c) of this division).
“(f)
Special Rule for Cancellation of Removal.—
“(1)
In general.—
Subject to the provisions of the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.] (as in effect after the title III–A effective date), other than subsections (b)(1), (d)(1), and (e) of section 240A of such Act [
8 U.S.C. 1229b(b)(1)
, (d)(1), (e)] (but including section 242(a)(2)(B) of such Act [
8 U.S.C. 1252(a)(2)(B)
]), the
Attorney General
may, under section 240A of such Act, cancel removal of, and adjust to the status of an alien
lawfully admitted for permanent residence,
an
alien
who is inadmissible or deportable from the
United States,
if the
alien
applies for such relief, the
alien
is described in subsection (c)(5)(C)(i) of this section, and—
“(A)
the
alien
“(i)
is not inadmissible or deportable under paragraph (2) or (3) of section 212(a) or paragraph (2), (3), or (4) of section 237(a) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(2)
, (3), 1227(a)(3), (4)] and is not an
alien
described in section 241(b)(3)(B)(i) of such Act [
8 U.S.C. 1231(b)(3)(B)(i)
];
“(ii)
has been physically present in the
United States
for a continuous period of not less than 7 years immediately preceding the date of such application;
“(iii)
has been a
person
of good moral character during such period; and
“(iv)
establishes that removal would result in extreme hardship to the
alien
or to the
alien
’s spouse, parent, or
child
, who is a citizen of the
United States
or an alien
lawfully admitted for permanent residence;
or
“(B)
the
alien
“(i)
is inadmissible or deportable under section 212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or 237(a)(3) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(2)
, 1227(a)(2), (3)];
“(ii)
is not an
alien
described in section 241(b)(3)(B)(i) or 101(a)(43) of such Act [
8 U.S.C. 1231(b)(3)(B)(i)
, 1101(a)(43)];
“(iii)
has been physically present in the
United States
for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for removal;
“(iv)
has been a
person
of good moral character during such period; and
“(v)
establishes that removal would result in exceptional and extremely unusual hardship to the
alien
or to the
alien
’s spouse, parent, or
child
, who is a citizen of the
United States
or an alien
lawfully admitted for permanent residence.
“(2)
Treatment of certain breaks in presence.—
Section 240A(d)(2) [
8 U.S.C. 1229b(d)(2)
] shall apply for purposes of calculating any period of continuous physical presence under this subsection, except that the reference to subsection (b)(1) in such section shall be considered to be a reference to paragraph (1) of this section.
“(g)
Motions To Reopen Deportation or Removal Proceedings.—
Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an
alien
’s
conviction
of an
aggravated felony
(as defined in section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
])), any
alien
who has become eligible for cancellation of removal or suspension of deportation as a result of the amendments made by section 203 of the
Nicaraguan Adjustment and Central American Relief Act
Pub. L. 105–100
, amending this note] may file one motion to reopen removal or deportation proceedings to apply for cancellation of removal or suspension of deportation. The
Attorney General
shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of the
Nicaraguan Adjustment and Central American Relief Act
Nov. 19, 1997
] and shall extend for a period not to exceed 240 days.
“(h)
Relief and Motions to Reopen.—
“(1)
Relief.—
An
alien
described in subsection (c)(5)(C)(i) who is otherwise eligible for—
“(A)
suspension of deportation pursuant to section 244(a) of the
Immigration and Nationality Act
8 U.S.C. 1254a(a)
], as in effect before the title III–A effective date; or
“(B)
cancellation of removal, pursuant to section 240A(b) of the
Immigration and Nationality Act
8 U.S.C. 1229b(b)
] and subsection (f) of this section;
shall not be barred from applying for such relief by operation of section 241(a)(5) of the
Immigration and Nationality Act
8 U.S.C. 1231(a)(5)
], as in effect after the title III–A effective date.
“(2)
Additional motion to reopen permitted.—
Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings (except limitations premised on an
alien
’s
conviction
of an
aggravated felony
(as defined by section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
])), any
alien
who is described in subsection (c)(5)(C)(i) and who has become eligible for cancellation of removal or suspension of deportation as a result of the enactment of paragraph (1) may file one motion to reopen removal or deportation proceedings in order to apply for cancellation of removal or suspension of deportation. The scope of any proceeding reopened on this basis shall be limited to a determination of the
alien’
s eligibility for cancellation of removal or suspension of deportation. The
Attorney General
shall designate a specific time period in which all such motions to reopen are required to be filed. The period shall begin not later than 60 days after the date of the enactment of this subsection [
Dec. 21, 2000
] and shall extend for a period not to exceed 240 days.
“(3)
Construction.—
Nothing in this subsection shall preclude an
alien
from filing a motion to reopen pursuant to section 240(b)(5)(C)(ii) of the
Immigration and Nationality Act
8 U.S.C. 1229a(b)(5)(C)(ii)
], or section 242B(c)(3)(B) of such Act [
8 U.S.C. 1252b(c)(3)(B)
] (as in effect before the title III–A effective date).”
Pub. L. 106–386, div. B, title V, § 1506(b)(4)
Oct. 28, 2000
114 Stat. 1528
, provided that:
“The amendments made by paragraph (3) [amending
section 309 of Pub. L. 104–208
, div. C, set out above] shall take effect as if included in the enactment of section 309 of the Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996 [
Pub. L. 104–208
] (
8 U.S.C. 1101
note).”
Pub. L. 106–386, div. B, § 1510(c)
Oct. 28, 2000
114 Stat. 1532
, provided that:
“The amendments made by subsections (a) [amending
section 202 of Pub. L. 105–100
, set out as a note under
section 1255 of this title
] and (b) [amending
section 309 of Pub. L. 104–208
, div. C, set out above] shall be effective as if included in the
Nicaraguan Adjustment and Central American Relief Act
8 U.S.C. 1255
note;
Public Law 105–100
, as amended).”
Pub. L. 105–100, title II, § 203(f)
Nov. 19, 1997
111 Stat. 2200
, provided that:
“The amendments made by this section to the Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996 [amending
section 309 of Pub. L. 104–208
, div. C, set out above] shall take effect as if included in the enactment of such Act.”
Pub. L. 104–302, § 2
Oct. 11, 1996
110 Stat. 3657
, provided that the amendment made by section 2(2), (3) to
section 309 of Pub. L. 104–208
, set out above, is effective
Sept. 30, 1996
.]
Pub. L. 104–208, div. C, title III, § 321(c)
Sept. 30, 1996
110 Stat. 3009–628
, provided that:
“The amendments made by this section [amending this section] shall apply to actions taken on or after the date of the enactment of this Act [
Sept. 30, 1996
], regardless of when the
conviction
occurred, and shall apply under section 276(b) of the
Immigration and Nationality Act
8 U.S.C. 1326(b)
] only to violations of section 276(a) of such Act occurring on or after such date.”
Pub. L. 104–208, div. C, title III, § 322(c)
Sept. 30, 1996
110 Stat. 3009–629
, provided that:
“The amendments made by subsection (a) [amending this section and
section 1182 of this title
] shall apply to
convictions
and sentences entered before, on, or after the date of the enactment of this Act [
Sept. 30, 1996
]. Subparagraphs (B) and (C) of section 240(c)(3) of the
Immigration and Nationality Act
8 U.S.C. 1229a(c)(3)(B)
, (C)], as inserted by section 304(a)(3) of this division, shall apply to proving such
convictions.
Pub. L. 104–208, div. C, title III, § 361(b)
Sept. 30, 1996
110 Stat. 3009–645
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [
Sept. 30, 1996
].”
Pub. L. 104–208, div. C, title III, § 371(d)(1)
Sept. 30, 1996
110 Stat. 3009–646
, provided that:
“Subsections (a) and (b) [amending this section and sections
1105a
1159
1224
1225
1226
1252
1252b
1323
, and
1362
of this title] shall take effect on the date of the enactment of this Act [
Sept. 30, 1996
].”
Pub. L. 104–208, div. C, title V, § 591
Sept. 30, 1996
110 Stat. 3009–688
, provided that:
“Except as provided in this title [enacting sections
1369
to
1371
and
1623
and
1624
of this title, amending sections
1182
1183
1183a
1612
1631
1632
1641
, and
1642
of this title,
section 506 of Title 18
, Crimes and Criminal Procedure,
section 1091 of Title 20
, Education, and sections 402, 1320b–7, and 1436a of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 1182, 1183a, 1611, 1612, and 1621 of this title, and sections 402 and 1436a of Title 42, and repealing provisions set out as a note under
section 1183a of this title
], this title and the amendments made by this title shall take effect on the date of the enactment of this Act [
Sept. 30, 1996
].”
Pub. L. 104–208, div. C, title VI, § 625(c)
Sept. 30, 1996
110 Stat. 3009–700
, provided that:
“The amendments made by subsection (a) [amending this section and
section 1184 of this title
] shall apply to individuals who obtain the status of a nonimmigrant under section 101(a)(15)(F) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(F)
] after the end of the 60-day period beginning on the date of the enactment of this Act [
Sept. 30, 1996
], including
aliens
whose status as such a nonimmigrant is extended after the end of such period.”
Pub. L. 104–208, div. C, title VI, § 671(a)(7)
Sept. 30, 1996
110 Stat. 3009–721
, provided that:
“The amendments made by this subsection [amending this section, sections
1184
1251
1255
1258
, and
1324
of this title, and provisions set out as a note under
section 1252 of this title
] shall be effective as if included in the enactment of the VCCLEA [
Pub. L. 103–322
].”
Pub. L. 104–208, div. C, title VI, § 671(b)(14)
Sept. 30, 1996
110 Stat. 3009–722
, provided that:
“Except as otherwise provided in this subsection [amending this section and sections
1252a
1255b
1323
1356
, and
1483
of this title, enacting provisions set out as notes under sections
1161
and
1433
of this title, and amending provisions set out as notes under this section and sections
1255a
1323
, and
1401
of this title], the amendments made by this subsection shall take effect as if included in the enactment of INTCA [
Pub. L. 103–416
].”
Pub. L. 104–132, title IV, § 440(f)
Apr. 24, 1996
110 Stat. 1278
, provided that:
“The amendments made by subsection (e) [amending this section] shall apply to
convictions
entered on or after the date of the enactment of this Act [
Apr. 24, 1996
], except that the amendment made by subsection (e)(3) [amending this section] shall take effect as if included in the enactment of section 222 of the
Immigration and Nationality Technical Corrections Act of 1994
Pub. L. 103–416
].”
Effective Date of 1994 Amendments
Pub. L. 103–416, title II, § 219(dd)
Oct. 25, 1994
108 Stat. 4319
, provided that:
“Except as otherwise specifically provided in this section, the amendments made by this section [amending this section and sections
1151
1153
1154
1160
1182
1188
1251
1252
1252b
1254a
1255
1255a
1256
1288
1302
1322
1323
1324a
1324b
1324c
1330
1356
1421
1424
1444
1449
, and
1522
of this title, repealing
section 1161 of this title
, amending provisions set out as notes under this section and sections 1182, 1254a, 1255, 1255a, and 1356 of this title, and repealing provisions set out as a note under
section 1288 of this title
] shall be effective as if included in the enactment of the
Immigration Act of 1990
Pub. L. 101–649
].”
Pub. L. 103–416, title II, § 222(b)
Oct. 25, 1994
108 Stat. 4322
, provided that:
“The amendments made by this section [amending this section] shall apply to
convictions
entered on or after the date of enactment of this Act [
Oct. 25, 1994
].”
Amendment by
Pub. L. 103–236
applicable with respect to officials, offices, and bureaus of
Department of State
when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of
Pub. L. 103–236
become effective, or 90 days after
Apr. 30, 1994
, whichever comes earlier, see
section 161(b) of Pub. L. 103–236
, as amended, set out as a note under
section 2651a of Title 22
, Foreign Relations and Intercourse.
Effective Date of 1991 Amendment
Pub. L. 102–232, title II, § 208
Dec. 12, 1991
105 Stat. 1742
, provided that:
“The provisions of, and amendments made by, this title [amending this section and
section 1184 of this title
and enacting provisions set out as notes under this section and
section 1184 of this title
] shall take effect on
April 1, 1992
.”
Pub. L. 102–232, title III, § 302(e)(8)
Dec. 12, 1991
105 Stat. 1746
, provided that the amendments made by section 302(e)(8)(A) are effective as if included in section 162(e) of the
Immigration Act of 1990
Pub. L. 101–649
Pub. L. 102–232, title III, § 305(m)
Dec. 12, 1991
105 Stat. 1750
, provided that the amendments made by section 305(m)(1) are effective as if included in section 407(d) of the
Immigration Act of 1990
Pub. L. 101–649
Pub. L. 102–232, title III, § 310
Dec. 12, 1991
105 Stat. 1759
, as amended by
Pub. L. 103–416, title II, § 219(z)(9)
Oct. 25, 1994
108 Stat. 4318
, provided that:
“Except as otherwise specifically provided, the amendments made by (and provisions of)—
“(1)
sections 302 through 308 [amending this section, sections
1102
1105a
1151
to
1154
1157
1159
to
1161
1182
1184
1186a
to
1188
1201
1221
1226
1227
1229
1251
1252
1252b
1254
to
1255a
1281
1282
1284
1288
1322
1323
1324a
to
1324c
1325
1357
1421
1423
1433
1439
to
1441
1443
1445
to
1449
1451
1452
, and
1455
of this title, and
section 3753 of Title 42
, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, and 1255 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] shall take effect as if included in the enactment of the
Immigration Act of 1990
Pub. L. 101–649
], and
“(2)
section 309(b) [amending this section and sections
1154
1160
1182
1188
1252
1252a
1324a
1356
1424
, and
1455
of this title and enacting provisions set out as a note under this section] shall take effect on the date of the enactment of this Act [
Dec. 12, 1991
].”
Pub. L. 102–110, § 2(d)
Oct. 1, 1991
105 Stat. 557
, provided that:
“This section [amending this section and sections
1153
and
1255
of this title] shall take effect 60 days after the date of the enactment of this Act [
Oct. 1, 1991
].”
Effective Date of 1990 Amendment
Pub. L. 101–649, title I, § 161
Nov. 29, 1990
104 Stat. 5008
, as amended by
Pub. L. 102–110, § 4
Oct. 1, 1991
105 Stat. 557
Pub. L. 102–232, title III, § 302(e)(1)
, (2),
Dec. 12, 1991
105 Stat. 1745
Pub. L. 103–416, title II
, §§ 218, 219(aa),
Oct. 25, 1994
108 Stat. 4316
, 4319;
Pub. L. 104–208, div. C, title VI, § 671(f)
Sept. 30, 1996
110 Stat. 3009–724
, provided that:
“(a)
In General.—
Except as otherwise provided in this title, this title and the amendments made by this title [enacting
section 1186b of this title
, amending this section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title,
section 3304 of Title 26
Internal Revenue Code
, and
section 1382c of Title 42
, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1152, 1153, 1159, 1182, 1201, and 1251 of this title, and amending provisions set out as notes under
section 1255 of this title
] shall take effect on
October 1, 1991
, and apply beginning with fiscal year 1992.
“(b)
Provisions Taking Effect Upon Enactment.—
The following sections (and amendments made by such sections) shall take effect on the date of the enactment of this Act [
Nov. 29, 1990
] and (unless otherwise provided) apply to fiscal year 1991:
“(1)
Section 103
[enacting provisions set out as a note under
section 1152 of this title
] (relating to per country limitation for Hong Kong).
“(2)
Section 104 [amending sections
1157
and
1159
of this title and enacting provisions set out as notes under
section 1159 of this title
] (relating to asylee adjustments).
“(3)
Section 124
[enacting provisions set out as a note under
section 1153 of this title
] (relating to transition for employees of certain U.S. businesses in Hong Kong).
“(4)
Section 133
[enacting provisions set out as a note under
section 1153 of this title
] (relating to one-year diversity transition for
aliens
who have been notified of availability of NP–5 visas).
“(5)
Section 134
[enacting provisions set out as a note under
section 1153 of this title
] (relating to transition for displaced Tibetans).
“(6)
Section 153 [amending this section and
section 1251 of this title
and enacting provisions set out as a note under
section 1251 of this title
] (relating to special
immigrants
who are dependent on a juvenile court).
“(7)
Section 154
[enacting provisions set out as a note under
section 1201 of this title
] (permitting extension of validity of visas for certain residents of Hong Kong).
“(8)
Section 155
[enacting provisions set out as a note under
section 1153 of this title
] (relating to expedited issuance of Lebanese second and fifth preference visas).
“(9)
Section 162(b) [amending
section 1154 of this title
] (relating to
immigrant
visa petitioning process), but only insofar as such section relates to visas for fiscal years beginning with fiscal year 1992.
“(c)
General Transitions.—
“(1)
In the case of a petition filed under section 204(a) of the
Immigration and Nationality Act
8 U.S.C. 1154(a)
] before
October 1, 1991
, for preference status under section 203(a)(3) or section 203(a)(6) of such Act [
8 U.S.C. 1153(a)(3)
, (6)] (as in effect before such date)—
“(A)
in order to maintain the priority date with respect to such a petition, the petitioner must file (by not later than
October 1, 1993
) a new petition for classification of the employment under paragraph (1), (2), or (3) of section 203(b) of such Act (as amended by this title), and
“(B)
any labor certification under section 212(a)(5)(A) of such Act required with respect to the new petition shall be deemed approved if the labor certification with respect to the previous petition was previously approved under section 212(a)(14) of such Act.
In the case of a petition filed under section 204(a) of such Act before
October 1, 1991
, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A).
“(2)
Any petition filed under section 204(a) of the
Immigration and Nationality Act
before
October 1, 1991
, for preference status under section 203(a)(4) or section 203(a)(5) of such Act (as in effect before such date) shall be deemed, as of such date, to be a petition filed under such section for preference status under section 203(a)(3) or section 203(a)(4), respectively, of such Act (as amended by this title).
“(3)
In the case of an
alien
who is described in section 203(a)(8) of the
Immigration and Nationality Act
(as in effect before
October 1, 1991
) as the spouse or
child
of an
alien
admitted for
permanent
residence as a preference
immigrant
under section 203(a)(3) or 203(a)(6) of such Act (as in effect before such date) and who would be entitled to enter the
United States
under such section 203(a)(8) but for the amendments made by this title [see subsec. (a) above], such an
alien
shall be deemed to be described in section 203(d) of such Act as the spouse or
child
of an
alien
described in section 203(b)(2) or 203(b)(3)(A)(i), respectively, of such Act with the same priority date as that of the principal
alien.
“(4)
(A)
Subject to subparagraph (B), any petition filed before
October 1, 1991
, and approved on any date, to accord status under section 203(a)(3) or 203(a)(6) of the
Immigration and Nationality Act
(as in effect before such date) shall be deemed, on and after
October 1, 1991
(or, if later, the date of such approval), to be a petition approved to accord status under
section 203(b)(2)
or under the appropriate classification under section 203(b)(3), respectively, of such Act (as in effect on and after such date). Nothing in this subparagraph shall be construed as exempting the beneficiaries of such petitions from the numerical limitations under section 203(b)(2) or 203(b)(3) of such Act.
“(B)
Subparagraph (A) shall not apply more than two years after the date the priority date for issuance of a visa on the basis of such a petition has been reached.
“(d)
Admissibility Standards.—
When an
immigrant
, in possession of an unexpired
immigrant
visa issued before
October 1, 1991
, makes application for admission, the
immigrant’
s admissibility under paragraph (7)(A) of section 212(a) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(7)(A)
] shall be determined under the provisions of law in effect on the date of the issuance of such visa.
“(e)
Construction.—
Nothing in this title [see subsec. (a) above] shall be construed as affecting the provisions of
section 19 of Public Law 97–116
8 U.S.C. 1151
note],
section 2(c)(1) of Public Law 97–271
8 U.S.C. 1255
note], or
section 202(e) of Public Law 99–603
8 U.S.C. 1255a
note].”
Pub. L. 103–416, title II, § 219(aa)
Oct. 25, 1994
108 Stat. 4319
, provided that the amendment made by section 219(aa) to
section 161(c)(3) of Pub. L. 101–649
, set out above, is effective as if included in
section 4 of Pub. L. 102–110
, see below.]
Pub. L. 102–110, § 4
Oct. 1, 1991
105 Stat. 557
, provided that the amendment made by section 4, adding pars. (3) and (4) to
section 161(c) of Pub. L. 101–649
, set out above, is effective as if included in the
Immigration Act of 1990
Pub. L. 101–649
.]
Pub. L. 101–649, title I, § 162(f)(3)
Nov. 29, 1990
104 Stat. 5012
, provided that:
“The amendments made by this subsection [amending this section,
section 1182 of this title
, and provisions set out as a note under
section 1255 of this title
] shall apply as though included in the enactment of the
Immigration Nursing Relief Act of 1989
Pub. L. 101–238
].”
Pub. L. 101–649, title II, § 203(d)
Nov. 29, 1990
104 Stat. 5019
, provided that:
“The amendments made by this section [enacting
section 1288 of this title
and amending this section and
section 1281 of this title
] shall apply to
services
performed on or after 180 days after the date of the enactment of this Act [
Nov. 29, 1990
].”
Pub. L. 101–649, title II, § 231
Nov. 29, 1990
104 Stat. 5028
, provided that:
“Except as otherwise provided in this title, this title, and the amendments made by this title [enacting
section 1288 of this title
, amending this section and sections 1182, 1184, 1187, 1281, and 1323 of this title, and enacting provisions set out as notes under this section and sections 1182, 1184, 1187, and 1288 of this title], shall take effect on
October 1, 1991
, except that sections 222 and 223 [enacting provisions set out as notes under this section] shall take effect on the date of the enactment of this Act [
Nov. 29, 1990
].”
Amendment by
section 407(a)(2) of Pub. L. 101–649
effective
Nov. 29, 1990
, with general savings provisions, see section 408(a)(3), (d) of
Pub. L. 101–649
, set out as an Effective Date of 1990 Amendment; Savings Provisions note under
section 1421 of this title
Pub. L. 101–649, title V, § 501(b)
Nov. 29, 1990
104 Stat. 5048
, provided that:
“The amendments made by subsection (a) [amending this section] shall apply to offenses committed on or after the date of the enactment of this Act [
Nov. 29, 1990
], except that the amendments made by paragraphs (2) and (5) of subsection (a) shall be effective as if included in the enactment of section 7342 of the
Anti-Drug Abuse Act of 1988
Pub. L. 100–690
].”
Pub. L. 101–649, title V, § 509(b)
Nov. 29, 1990
104 Stat. 5051
, as amended by
Pub. L. 102–232, title III, § 306(a)(7)
Dec. 12, 1991
105 Stat. 1751
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [
Nov. 29, 1990
] and shall apply to
convictions
occurring on or after such date, except with respect to
conviction
for murder which shall be considered a bar to good moral character regardless of the date of the
conviction.
Pub. L. 101–649, title VI, § 601(e)
Nov. 29, 1990
104 Stat. 5077
, provided that:
“(1)
Except as provided in paragraph (2), the amendments made by this section [amending
section 1182 of this title
] and by section 603(a) of this Act [amending this section and sections 1102, 1153, 1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322, and 1327 of this title, repealing
section 2691 of Title 22
, Foreign Relations and Intercourse, amending provisions set out as notes under this section and sections 1255 and 1255a of this title, and repealing provisions set out as notes under
section 1182 of this title
] shall apply to individuals entering the
United States
on or after
June 1, 1991
“(2)
The amendments made by paragraphs (5) and (13) of section 603(a) [amending sections
1160
and
1255a
of this title] shall apply to applications for adjustment of status made on or after
June 1, 1991
.”
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–238
applicable to classification petitions filed for nonimmigrant status only during the 5-year period beginning on the first day of the 9th month beginning after
Dec. 18, 1989
, see
section 3(d) of Pub. L. 101–238
, set out as a note under
section 1182 of this title
Pub. L. 101–162, title VI, § 611(b)
Nov. 21, 1989
103 Stat. 1039
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect on
October 1, 1989
, upon the expiration of the similar amendment made by section 210(a) of the
Department of Justice Appropriations Act, 1989
(title II of
Public Law 100–459
102 Stat. 2203
).”
Effective and Termination Dates of 1988 Amendment
Pub. L. 100–525, § 2(s)
Oct. 24, 1988
102 Stat. 2614
, provided that:
“The amendments made by this section [amending this section, sections
1160
1161
1184
1186
1187
1188
1251
1254
1255
1255a
1259
1324
1324a
1324b
, and
1357
of this title,
section 1546 of Title 18
, Crimes and Criminal Procedure, and
section 1091 of Title 20
, Education, amending provisions set out as notes under this section and sections 1188 and 1255a of this title and
section 1802 of Title 29
, Labor, and repealing provisions set out as a note under
section 1255a of this title
] shall be effective as if they were included in the enactment of the
Immigration Reform and Control Act of 1986
Pub. L. 99–603
].”
Pub. L. 102–232, title III, § 309(b)(15)
Dec. 12, 1991
105 Stat. 1759
, provided that:
“The amendments made by section 8 of the
Immigration Technical Corrections Act of 1988
Pub. L. 100–525
, amending this section, sections 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409, 1431 to 1433, 1452, 1481, and 1483 of this title, and
section 4195 of Title 22
, Foreign Relations and Intercourse, enacting provisions set out as notes under this section, sections 1153, 1201, 1401, 1409, 1451, and 1481 of this title, and
section 4195 of Title 22
, and amending provisions set out as notes under this section and
section 1153 of this title
] shall be effective as if included in the enactment of the
Immigration and Nationality Act Amendments of 1986
Public Law 99–653
).”
Pub. L. 100–459, title II, § 210(b)
Oct. 1, 1988
102 Stat. 2203
, provided that:
“The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 315 of the
Immigration Reform and Control Act of 1986
Pub. L. 99–603
] and shall expire on
October 1, 1989
.”
Effective Date of 1986 Amendment
Pub. L. 99–653, § 23(a)
, as added by
Pub. L. 100–525, § 8(r)
Oct. 24, 1988
102 Stat. 2618
, provided that:
“The amendments made by sections 2, 4, and 7 [amending this section and sections
1152
1182
1228
1251
, and
1356
of this title] apply to visas issued, and admissions occurring, on or after
November 14, 1986
.”
Amendment by
section 301(a) of Pub. L. 99–603
applicable to petitions and applications filed under sections 1184(c) and 1188 of this title on or after the first day of the seventh month beginning after
Nov. 6, 1986
, see
section 301(d) of Pub. L. 99–603
, as amended, set out as an Effective Date note under
section 1188 of this title
Effective Date of 1981 Amendment
Pub. L. 97–116, § 21
Dec. 29, 1981
95 Stat. 1622
, provided that:
“(a)
Except as provided in subsection (b) and in section 5(c) [set out as a note under
section 1182 of this title
], the amendments made by this Act [see Short Title of 1981 Amendment note below] shall take effect on the date of the enactment of this Act [
Dec. 29, 1981
].
“(b)
(1)
The amendments made by section 2(a) [amending this section] shall apply on and after the first day of the sixth month beginning after the date of the enactment of this Act [
Dec. 29, 1981
].
“(2)
The amendment made by section 16 [amending
section 1455 of this title
] shall apply to fiscal years beginning on or after
October 1, 1981
.”
Effective Date of 1980 Amendment
Pub. L. 96–212, title II, § 204(a)
–(c),
Mar. 17, 1980
94 Stat. 108
, provided that:
“(a)
Except as provided in subsections (b) and (c), this title and the amendments made by this title [enacting sections
1157
1158
, and
1159
of this title, amending this section and sections
1151
to
1153
1181
1182
1253
, and
1254
of this title, enacting provisions set out as notes under sections
1153
1157
1158
1182
, and
1521
of this title, and amending provisions set out as a note under sections
1182
and
1255
of this title] shall take effect on the date of the enactment of this Act [
Mar. 17, 1980
], and shall apply to fiscal years beginning with the fiscal year beginning
October 1, 1979
“(b)
(1)
(A)
Section 207(c) of the
Immigration and Nationality Act
(as added by section 201(b) of this Act) [
section 1157(c) of this title
] and the amendments made by subsections (b), (c), and (d) of section 203 of this Act [amending sections 1152, 1153, 1182, and 1254 of this title] shall take effect on
April 1, 1980
“(B)
The amendments made by section 203(f) [amending
section 1182 of this title
] shall apply to
aliens
paroled into the
United States
on or after the sixtieth day after the date of the enactment of this Act [
Mar. 17, 1980
].
“(C)
The amendments made by section 203(i) [amending
section 1153 of this title
and provisions set out as notes under
section 1255 of this title
] shall take effect immediately before
April 1, 1980
“(2)
Notwithstanding sections 207(a) and 209(b) of the
Immigration and Nationality Act
(as added by section 201(b) of this Act) [sections
1157(a)
and
1159(b)
of this title], the fifty thousand and five thousand numerical limitations specified in such respective sections shall, for fiscal year 1980, be equal to 25,000 and 2,500, respectively.
“(3)
Notwithstanding any other provision of law, for fiscal year 1980—
“(A)
the fiscal year numerical limitation specified in section 201(a) of the
Immigration and Nationality Act
section 1151(a) of this title
] shall be equal to 280,000, and
“(B)
for the purpose of determining the number of
immigrant
visa and adjustments of status which may be made available under sections 203(a)(2) and 202(e)(2) of such Act [sections
1153(a)(2)
and
1152(e)(2)
of this title], the granting of a conditional entry or adjustment of status under section 203(a)(7) or 202(e)(7) of such Act after
September 30, 1979
, and before
April 1, 1980
, shall be considered to be the granting of an
immigrant
visa under
section 203(a)(2)
or 202(e)(2), respectively, of such Act during such period.
“(c)
(1)
The repeal of subsections (g) and (h) of section 203 of the
Immigration and Nationality Act
, made by
section 203(c)(8) of this title
[section 1153(g) and (h) of this title], shall not apply with respect to any individual who before
April 1, 1980
, was granted a conditional entry under section 203(a)(7) of the
Immigration and Nationality Act
(and under section 202(e)(7) of such Act [
section 1152(e)(7) of this title
], if applicable), as in effect immediately before such date, and it shall not apply to any
alien
paroled into the
United States
before
April 1, 1980
, who is eligible for the benefits of
section 5 of Public Law 95–412
[set out as a note under
section 1182 of this title
].
“(2)
An
alien
who, before
April 1, 1980
, established a date of registration at an immigration office in a foreign country on the basis of entitlement to a conditional entrant status under section 203(a)(7) of the
Immigration and Nationality Act
(as in effect before such date) [
section 1153(a)(7) of this title
], shall be deemed to be entitled to
refugee
status under section 207 of such Act (as added by
section 201(b) of this title
) [
section 1157 of this title
] and shall be accorded the date of registration previously established by that
alien.
Nothing in this paragraph shall be construed to preclude the acquisition by such an
alien
of a preference status under section 203(a) of such Act.
“(3)
The provisions of paragraphs (14), (15), (20), (21), (25), and (32) if section 212(a) of the
Immigration and Nationality Act
[former section 1182(a)(14), (15), (20), (21), (25), and (32) of this title] shall not be applicable to any
alien
who has entered the
United States
before
April 1, 1980
, pursuant to section 203(a)(7) of such Act [
section 1153(a)(7) of this title
] or who has been paroled as a
refugee
into the
United States
under section 212(d)(5) of such Act, and who is seeking adjustment of status, and the
Attorney General
may waive any other provision of section 212(a) of such Act (other than paragraph (27), (29), or (33) and other than so much of paragraph (23) as relates to trafficking in narcotics) with respect to such an
alien
for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.”
Effective Date of 1979 Amendment
Pub. L. 96–70, title III, § 3201(d)(1)
Sept. 27, 1979
93 Stat. 497
, provided that:
“The amendments made by this section [amending this section and
section 1182 of this title
] shall take effect on the date of the enactment of this Act [
Sept. 27, 1979
].”
Effective Date of 1977 Amendment
Pub. L. 94–484, title VI, § 602(d)
, as added by
Pub. L. 95–83, title III, § 307(q)(3)
Aug. 1, 1977
91 Stat. 395
, provided that:
“This section [amending this section and enacting provisions set out as a note under
section 1182 of this title
] and the amendment made by subsection (c) [amending this section] are effective
January 10, 1977
, and the amendments made by subsections (b)(4) and (d) of section 601 [amending this section and
section 1182 of this title
] shall apply only on and after
January 10, 1978
, notwithstanding subsection (f) of such section [set out as an Effective Date of 1976 Amendments note under
section 1182 of this title
].”
Effective Date of 1976 Amendment
Pub. L. 94–571, § 10
Oct. 20, 1976
90 Stat. 2707
, provided that:
“The foregoing provisions of this Act, including the amendments made by such provisions [see Short Title of 1976 Amendment note below], shall become effective on the first day of the first month which begins more than sixty days after the date of enactment of this Act [
Oct. 20, 1976
].”
Amendment by
section 601(b)(4) of Pub. L. 94–484
applicable only on and after
Jan. 10, 1978
, notwithstanding
section 601(f) of Pub. L. 94–484
, see
section 602(d) of Pub. L. 94–484
, as added by
section 307(q)(3) of Pub. L. 95–83
, set out as an Effective Date of 1977 Amendment note above.
Amendment by
Pub. L. 94–484
effective ninety days after
Oct. 12, 1976
, see
section 601(f) of Pub. L. 94–484
, set out as a note under
section 1182 of this title
Effective Date of 1965 Amendment
For effective date of amendment by
Pub. L. 89–236
, see
section 20 of Pub. L. 89–236
, set out as a note under
section 1151 of this title
Effective Date
Act June 27, 1952, ch. 477, title IV, § 407,
66 Stat. 281
, provided that:
“Except as provided in subsection (k) of
section 401
[former
section 1106(k) of this title
], this Act [this chapter] shall take effect at 12:01 ante meridian
United States
Eastern Standard Time on the one hundred eightieth day immediately following the date of its enactment [
June 27, 1952
].”
Short Title of 2025 Amendment
Pub. L. 119–1, § 1
Jan. 29, 2025
139 Stat. 3
, provided that:
“This Act [amending sections
1182
1225
1226
1231
1252
, and
1253
of this title] may be cited as the ‘Laken Riley Act’.”
Short Title of 2023 Amendment
Pub. L. 117–360, § 1
Jan. 5, 2023
136 Stat. 6292
, provided that:
“This Act [amending this section and
section 1282 of this title
and enacting provisions set out as a note under this section] may be cited as the ‘Energy Security and Lightering Independence Act of 2022’.”
Short Title of 2022 Amendment
Pub. L. 117–103, div. BB, § 101
Mar. 15, 2022
136 Stat. 1070
, provided that:
“This division [enacting
section 1153a of this title
, amending sections 1153, 1154, 1186b, and 1255 of this title, enacting provisions set out as notes under sections 1153, 1154, and 1186b of this title, and repealing provisions set out as a note under
section 1153 of this title
] may be cited as the ‘EB–5 Reform and Integrity Act of 2022’.”
Short Title of 2020 Amendment
Pub. L. 116–159, div. D, title I, § 4101
Oct. 1, 2020
134 Stat. 738
, provided that:
“This title [amending
section 1356 of this title
and enacting provisions set out as notes under sections 1103 and 1356 of this title] may be cited as the ‘Emergency Stopgap USCIS Stabilization Act’.”
Pub. L. 116–133, § 1
Mar. 26, 2020
134 Stat. 274
, provided that:
“This Act [amending
section 1431 of this title
] may be cited as the ‘Citizenship for Children of Military Members and Civil Servants Act’.”
Short Title of 2018 Amendment
Pub. L. 115–226, § 1
Aug. 1, 2018
132 Stat. 1625
, provided that:
“This Act [enacting provisions set out as a note under this section] may be cited as the ‘Knowledgeable Innovators and Worthy Investors Act’ or the ‘KIWI Act’.”
Short Title of 2015 Amendment
Pub. L. 114–113, div. O, title II, § 201
Dec. 18, 2015
129 Stat. 2988
, provided that:
“This title [enacting
section 1187a of this title
, amending sections 1187 and 1732 of this title, and enacting provisions set out as a note under
section 1187 of this title
] may be cited as the ‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’.”
Pub. L. 114–70, § 1
Oct. 16, 2015
129 Stat. 561
, provided that:
“This Act [amending
section 1201 of this title
] may be cited as the ‘Adoptive Family Relief Act’.”
Short Title of 2014 Amendment
Pub. L. 113–74, § 1
Jan. 16, 2014
127 Stat. 1212
, provided that:
“This Act [amending
section 1431 of this title
] may be cited as the ‘Accuracy for Adoptees Act’.”
Short Title of 2010 Amendment
Pub. L. 111–287, § 1
Nov. 30, 2010
124 Stat. 3058
, provided that:
“This Act [amending this section and
section 1182 of this title
and enacting provisions set out as a note under this section] may be cited as [the] ‘
International Adoption Simplification Act
’.”
Short Title of 2008 Amendment
Pub. L. 110–391, § 1
Oct. 10, 2008
122 Stat. 4193
, provided that:
“This Act [amending this section and enacting provisions set out as notes under this section] may be cited as [the] ‘
Special Immigrant Nonminister Religious Worker Program Act
’.”
Pub. L. 110–382, § 1
Oct. 9, 2008
122 Stat. 4087
, which provided that
Pub. L. 110–382
could be cited as the “
Military Personnel Citizenship Processing Act
”, was repealed by
Pub. L. 110–382, § 4
Oct. 9, 2008
122 Stat. 4089
, effective 5 years after
Oct. 9, 2008
Pub. L. 110–251, § 1
June 26, 2008
122 Stat. 2319
, provided that:
“This Act [enacting sections
1440f
and
1440g
of this title] may be cited as the ‘Kendell Frederick Citizenship Assistance Act’.”
Short Title of 2007 Amendment
Pub. L. 110–53, title VII, § 711(a)
Aug. 3, 2007
121 Stat. 338
, provided that:
“This section [amending
section 1187 of this title
and enacting provisions set out as notes under
section 1187 of this title
] may be cited as the ‘
Secure Travel and Counterterrorism Partnership Act of 2007
’.”
Pub. L. 109–477, § 1
Jan. 12, 2007
120 Stat. 3572
, provided that:
“This Act [enacting and amending provisions set out as notes under
section 1182 of this title
] may be cited as the ‘
Physicians for Underserved Areas Act
’.”
Short Title of 2006 Amendment
Pub. L. 109–463, § 1
Dec. 22, 2006
120 Stat. 3477
, provided that:
“This Act [amending
section 1184 of this title
] may be cited as either the ‘Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry Act of 2006’ or the ‘
COMPETE Act of 2006
’.”
Pub. L. 109–423, § 1
Dec. 20, 2006
120 Stat. 2900
, provided that:
“This Act [enacting and amending provisions set out as notes under
section 1182 of this title
] may be cited as the ‘Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005’.”
Pub. L. 109–367, § 1
Oct. 26, 2006
120 Stat. 2638
, provided that:
“This Act [enacting provisions set out as a note under
section 1701 of this title
and amending provisions set out as a note under
section 1103 of this title
] may be cited as the ‘
Secure Fence Act of 2006
’.”
Pub. L. 109–162, title VIII, § 831
Jan. 5, 2006
119 Stat. 3066
, provided that:
“This subtitle [subtitle D (§§ 831–834) of title VIII of
Pub. L. 109–162
, enacting
section 1375a of this title
, amending
section 1184 of this title
, repealing
section 1375 of this title
, and enacting provisions set out as notes under sections 1184 and 1202 of this title] may be cited as the ‘
International Marriage Broker Regulation Act of 2005
’.”
Short Title of 2005 Amendment
Pub. L. 109–13, div. B, § 1
May 11, 2005
119 Stat. 302
, provided that:
“This division [enacting
section 1778 of this title
, amending this section, sections 1157 to 1159, 1182, 1184, 1227, 1229a, 1231, 1252, and 1356 of this title, and
section 1028 of Title 18
, Crimes and Criminal Procedure, enacting provisions set out as notes under this section, sections 1157, 1158, 1182, 1184, 1227, 1252, 1712, and 1721 of this title, and
section 30301 of Title 49
, Transportation, amending provisions set out as notes under sections 1103, 1153, and 1184 of this title, and repealing provisions set out as a note under
section 30301 of Title 49
] may be cited as the ‘
REAL ID Act of 2005
’.”
Pub. L. 109–13, div. B, title IV, § 401
May 11, 2005
119 Stat. 318
, provided that:
“This title [amending sections
1184
and
1356
of this title and enacting and amending provisions set out as notes under
section 1184 of this title
] may be cited as the ‘
Save Our Small and Seasonal Businesses Act of 2005
’.”
Short Title of 2004 Amendment
Pub. L. 108–447, div. J, title IV, § 401
Dec. 8, 2004
118 Stat. 3351
, provided that:
“This title [enacting sections
1380
and
1381
of this title, amending sections
1182
1184
, and
1356
of this title,
section 2916a of Title 29
, Labor, and
section 1869c of Title 42
, The Public Health and Welfare, and enacting provisions set out as notes under this section and sections 1182 and 1184 of this title] may be cited as the ‘L–1 Visa and H–1B Visa Reform Act’.”
Pub. L. 108–447, div. J, title IV, § 411
Dec. 8, 2004
118 Stat. 3351
, provided that:
“This subtitle [subtitle A (§§ 411–417) of title IV of div. J of
Pub. L. 108–447
, enacting
section 1380 of this title
, amending
section 1184 of this title
, and enacting provisions set out as notes under
section 1184 of this title
] may be cited as the ‘L–1 Visa (Intracompany Transferee) Reform Act of 2004’.”
Pub. L. 108–447, div. J, title IV, § 421
Dec. 8, 2004
118 Stat. 3353
, provided that:
“This subtitle [subtitle B (§§ 421–430) of title IV of div. J of
Pub. L. 108–447
, enacting
section 1381 of this title
, amending sections 1182, 1184, and 1356 of this title,
section 2916a of Title 29
, Labor, and
section 1869c of Title 42
, The Public Health and Welfare, and enacting provisions set out as notes under sections 1182 and 1184 of this title] may be cited as the ‘H–1B Visa Reform Act of 2004’.”
Short Title of 2003 Amendment
Pub. L. 108–156, § 1
Dec. 3, 2003
117 Stat. 1944
, provided that:
“This Act [enacting provisions set out as a note under
section 1153 of this title
and amending provisions set out as notes under sections 1153, 1324a, and 1360 of this title] may be cited as the ‘
Basic Pilot Program Extension and Expansion Act of 2003
’.”
Short Title of 2002 Amendment
Pub. L. 107–274, § 1
Nov. 2, 2002
116 Stat. 1923
, provided that:
“This Act [amending this section and
section 1184 of this title
] may be cited as the ‘
Border Commuter Student Act of 2002
’.”
Pub. L. 107–273, div. C, title I, § 11030(a)
Nov. 2, 2002
116 Stat. 1836
, provided that:
“This section [amending
section 1440–1 of this title
] may be cited as the ‘
Posthumous Citizenship Restoration Act of 2002
’.”
Pub. L. 107–258, § 1
Oct. 29, 2002
116 Stat. 1738
, provided that:
“This Act [amending provisions set out as a note under
section 1157 of this title
] may be cited as the ‘
Persian Gulf War POW/MIA Accountability Act of 2002
’.”
Pub. L. 107–208, § 1
Aug. 6, 2002
116 Stat. 927
, provided that:
“This Act [amending sections
1151
1153
1154
1157
, and
1158
of this title and enacting provisions set out as a note under
section 1151 of this title
] may be cited as the ‘
Child Status Protection Act
’.”
Pub. L. 107–150, § 1
Mar. 13, 2002
116 Stat. 74
, provided that:
“This Act [amending sections
1182
and
1183a
of this title and enacting provisions set out as a note under
section 1182 of this title
] may be cited as the ‘
Family Sponsor Immigration Act of 2002
’.”
Pub. L. 107–128, § 1
Jan. 16, 2002
115 Stat. 2407
, provided that:
“This Act [enacting and amending provisions set out as notes under
section 1324a of this title
] may be cited as the ‘
Basic Pilot Extension Act of 2001
’.”
Short Title of 2000 Amendment
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1501]
Dec. 21, 2000
114 Stat. 2763
, 2763A–324, provided that:
“This title [amending
section 1255 of this title
, enacting provisions set out as notes under
section 1255 of this title
, and amending provisions set out as notes under this section and
section 1255 of this title
] may be cited as the ‘
LIFE Act Amendments of 2000
’.”
Pub. L. 106–553, § 1(a)(2) [title XI, § 1101]
Dec. 21, 2000
114 Stat. 2762
, 2762A–142, provided that:
“This title [amending this section and sections
1184
1186a
, and
1255
of this title, and enacting provisions set out as notes under this section] may be cited as—
“(1)
the ‘
Legal Immigration Family Equity Act
’; or
“(2)
the ‘
LIFE Act
’.”
Pub. L. 106–409, § 1
Nov. 1, 2000
114 Stat. 1787
, provided that:
“This Act [amending this section and enacting provisions set out as a note under this section] may be cited as the ‘
Religious Workers Act of 2000
’.”
Pub. L. 106–406, § 1
Nov. 1, 2000
114 Stat. 1755
, provided that:
“This Act [amending
section 1229c of this title
] may be cited as the ‘
International Patient Act of 2000
’.”
Pub. L. 106–396, § 1
Oct. 30, 2000
114 Stat. 1637
, provided that:
“This Act [amending sections
1182
1184
1187
, and
1372
of this title, enacting provisions set out as a note under
section 1187 of this title
and classified as a note under
section 763 of Title 47
, Telecommunications, and amending provisions set out as a note under
section 1153 of this title
] may be cited as the ‘
Visa Waiver Permanent Program Act
’.”
Pub. L. 106–395, § 1
Oct. 30, 2000
114 Stat. 1631
, provided that:
“This Act [amending this section, sections
1182
1227
1431
, and
1433
of this title, and sections 611 and 1015 of Title 18, Crimes and Criminal Procedure, repealing
section 1432 of this title
, and enacting provisions set out as notes under this section, sections 1182, 1227, and 1431 of this title, and
section 611 of Title 18
] may be cited as the ‘
Child Citizenship Act of 2000
’.”
Pub. L. 106–386, div. B, title V, § 1501
Oct. 28, 2000
114 Stat. 1518
, provided that:
“This title [amending this section, sections
1151
1154
1182
1184
1227
1229a
1229b
1255
1367
1430
, and
1641
of this title,
section 1152 of Title 20
, Education, and sections 3796gg, 3796hh, and 1397
of Title 42, The Public Health and Welfare, enacting provisions set out as notes under this section and sections
1229a
1229b
, and
1255
of this title, and amending provisions set out as notes under this section and
section 1255 of this title
] may be cited as the ‘
Battered Immigrant Women Protection Act of 2000
’.”
Pub. L. 106–313, title I, § 101
Oct. 17, 2000
114 Stat. 1251
, provided that:
“This title [amending sections
1152
1154
1182
1184
, and
1356
of this title,
section 2916a of Title 29
, Labor, and
section 1869c of Title 42
, The Public Health and Welfare, enacting provisions set out as notes under this section, sections 1153, 1184, and 1356 of this title,
section 2701 of Title 29
, and sections 1862 and 13751 of Title 42, and amending provisions set out as a note under
section 1182 of this title
] may be cited as the ‘
American Competitiveness in the Twenty-first Century Act of 2000
’.”
Pub. L. 106–215, § 1
June 15, 2000
114 Stat. 337
, provided that:
“This Act [amending
section 1365a of this title
and enacting provisions set out as a note under
section 1365a of this title
] may be cited as the ‘Immigration and
Naturalization
Service Data Management Improvement Act of 2000’.”
Short Title of 1999 Amendment
Pub. L. 106–95, § 1
Nov. 12, 1999
113 Stat. 1312
, provided that:
“This Act [amending this section and sections
1153
and
1182
of this title, enacting provisions set out as a note under
section 1182 of this title
, and amending provisions set out as a note under this section] may be cited as the ‘
Nursing Relief for Disadvantaged Areas Act of 1999
’.”
Short Title of 1998 Amendment
Pub. L. 105–277, div. A, § 101(h) [title IX, § 901]
Oct. 21, 1998
112 Stat. 2681–480
, 2681–538, provided that:
“This title [enacting sections
1377
and
1378
of this title and provisions set out as a note under
section 1255 of this title
] may be cited as the ‘
Haitian Refugee Immigration Fairness Act of 1998
’.”
Pub. L. 105–277, div. C, title IV, § 401(a)
Oct. 21, 1998
112 Stat. 2681–641
, provided that:
“This title [enacting
section 1869c of Title 42
, The Public Health and Welfare, amending this section and sections 1182, 1184, and 1356 of this title, and enacting provisions set out as notes under sections 1182 and 1184 of this title and sections 2701 and 2916 of Title 29, Labor] may be cited as the ‘
American Competitiveness and Workforce Improvement Act of 1998
’.”
Short Title of 1997 Amendment
Pub. L. 105–119, title I, § 112(a)
Nov. 26, 1997
111 Stat. 2459
, provided that:
“This section [enacting, amending, and repealing provisions set out as notes under
section 1440 of this title
] may be cited as the ‘Philippine Army, Scouts, and Guerilla Veterans of World War II
Naturalization
Act of 1997’.”
Pub. L. 105–100, title II, § 201
Nov. 19, 1997
111 Stat. 2193
, provided that:
“This title [amending
section 1229b of this title
, enacting provisions set out as notes under this section and sections 1151, 1153, 1229b, and 1255 of this title, and amending provisions set out as a note under this section] may be cited as the ‘
Nicaraguan Adjustment and Central American Relief Act
’.”
Short Title of 1996 Amendment
Pub. L. 104–208, div. C, § 1(a)
Sept. 30, 1996
110 Stat. 3009–546
, provided that:
“This division [see Tables for classification] may be cited as the ‘Illegal Immigration Reform and
Immigrant
Responsibility Act of 1996’.”
Short Title of 1994 Amendment
Pub. L. 103–416, § 1
Oct. 25, 1994
108 Stat. 4305
, provided that:
“This Act [see Tables for classification] may be cited as the ‘
Immigration and Nationality Technical Corrections Act of 1994
’.”
Short Title of 1991 Amendment
Pub. L. 102–232, § 1(a)
Dec. 12, 1991
105 Stat. 1733
, provided that:
“This Act [amending this section, sections
1102
1105a
1151
to
1154
1157
1159
to
1161
1182
1184
1186a
to
1188
1201
1221
1226
1227
1229
1251
1252
1252a
1252b
1254
to
1255a
1281
1282
1284
1288
1322
1323
1324a
to
1324c
1325
1356
1357
1421
1423
1424
1433
1439
to
1441
1443
1445
to
1452
, and
1455
of this title, and
section 3753 of Title 42
, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255, 1356, and 1421 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the ‘Miscellaneous and Technical Immigration and
Naturalization
Amendments of 1991’.”
Pub. L. 102–232, title I, § 101
Dec. 12, 1991
105 Stat. 1733
, provided that:
“This title [amending sections
1421
1448
1450
, and
1455
of this title and enacting provisions set out as a note under
section 1421 of this title
] may be cited as the ‘
Judicial Naturalization Ceremonies Amendments of 1991
’.”
Pub. L. 102–232, title II, § 201
Dec. 12, 1991
105 Stat. 1736
, provided that:
“This title [amending this section and
section 1184 of this title
and enacting provisions set out as notes under this section and
section 1184 of this title
] may be cited as the ‘
O and P Nonimmigrant Amendments of 1991
’.”
Pub. L. 102–232, title III, § 301(a)
Dec. 12, 1991
105 Stat. 1742
, provided that:
“This title [amending this section, sections
1102
1105a
1151
to
1154
1157
1159
to
1161
1182
1184
1186a
to
1188
1201
1221
1226
1227
1229
1251
1252
1252a
1252b
1254
to
1255a
1281
1282
1284
1288
1322
1323
1324a
to
1324c
1325
1356
1357
1421
1423
1424
1433
1439
to
1441
1443
1445
to
1449
1451
1452
, and
1455
of this title, and
section 3753 of Title 42
, The Public Health and Welfare, enacting provisions set out as notes under this section and sections 1151, 1157, 1160, 1182, 1251, 1252, 1254a, 1255, and 1356 of this title, and amending provisions set out as notes under this section and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited as the ‘
Immigration Technical Corrections Act of 1991
’.”
Pub. L. 102–110, § 1
Oct. 1, 1991
105 Stat. 555
, provided that:
“This Act [amending this section and sections
1153
1255
, and
1524
of this title and enacting and amending provisions set out as notes under this section] may be cited as the ‘
Armed Forces Immigration Adjustment Act of 1991
’.”
Short Title of 1990 Amendment
Pub. L. 101–649, § 1(a)
Nov. 29, 1990
104 Stat. 4978
, provided that:
“This Act [see Tables for classification] may be cited as the ‘
Immigration Act of 1990
’.”
Pub. L. 101–249, § 1
Mar. 6, 1990
104 Stat. 94
, provided that:
“This Act [enacting
section 1440–1 of this title
] may be cited as the ‘
Posthumous Citizenship for Active Duty Service Act of 1989
’.”
Short Title of 1989 Amendment
Pub. L. 101–238, § 1
Dec. 18, 1989
103 Stat. 2099
, provided that:
“This Act [amending this section and sections
1160
and
1182
of this title, enacting provisions set out as notes under sections
1182
1255
1255a
, and
1324a
of this title, and amending provisions set out as a note under
section 1255a of this title
] may be cited as the ‘
Immigration Nursing Relief Act of 1989
’.”
Short Title of 1988 Amendment
Pub. L. 100–658, § 1
Nov. 15, 1988
102 Stat. 3908
, provided that:
“This Act [enacting provisions set out as notes under this section and
section 1153 of this title
and amending provisions set out as a note under
section 1153 of this title
] may be cited as the ‘
Immigration Amendments of 1988
’.”
Pub. L. 100–525, § 1(a)
Oct. 24, 1988
102 Stat. 2609
, provided that:
“This Act [amending this section, sections
1102
1103
1104
1105a
1152
1154
1157
1160
1161
1182
1184
1186
1186a
1187
1188
1201
1201a
1202
1222
1223
1224
1227
1251
1252
1254
1255
1255a
1255b
1259
1301
1302
1304
1305
1324
1324a
1324b
1353
1356
1357
1360
1408
1409
1421
1422
1424
1426
1431
1432
1433
1435
1440
1441
1446
1447
1451
1452
1454
1455
1459
1481
1483
1489
1522
1523
, and
1524
of this title,
section 1546 of Title 18
, Crimes and Criminal Procedure,
section 1091 of Title 20
, Education, and
section 4195 of Title 22
, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this title and
section 4195 of Title 22
, amending provisions set out as notes under this section and sections 1153, 1182, 1188, and 1255a of this title and
section 1802 of Title 29
, Labor, and repealing provisions set out as a note under
section 1255a of this title
] may be cited as the ‘
Immigration Technical Corrections Act of 1988
’.”
Short Title of 1986 Amendment
Pub. L. 99–653, § 1(a)
, formerly § 1,
Nov. 14, 1986
100 Stat. 3655
, as renumbered by
Pub. L. 100–525, § 8(a)(1)
Oct. 24, 1988
102 Stat. 2617
, provided that:
“this Act [amending this section, sections
1152
1182
1201
1202
1228
1251
1301
1302
1304
1401
1409
1431
to
1433
1451
1452
1481
, and
1483
of this title, and
section 4195 of Title 22
, Foreign Relations and Intercourse, and repealing
section 1201a of this title
and provisions set out as notes under
section 1153 of this title
] may be cited as the ‘
Immigration and Nationality Act Amendments of 1986
’.”
Pub. L. 99–639, § 1
Nov. 10, 1986
100 Stat. 3537
, provided that:
“This Act [enacting
section 1186a of this title
, amending sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and enacting provisions set out as notes under sections 1154, 1182, 1184, and 1255 of this title] may be cited as the ‘
Immigration Marriage Fraud Amendments of 1986
’.”
Pub. L. 99–605, § 1(a)
Nov. 6, 1986
100 Stat. 3449
, provided that:
“This Act [amending sections
1522
to
1524
of this title and enacting provisions set out as notes under
section 1522 of this title
] may be cited as the ‘
Refugee Assistance Extension Act of 1986
’.”
Pub. L. 99–603, § 1(a)
Nov. 6, 1986
100 Stat. 3359
, provided that:
“This Act [enacting sections
1160
1161
1186
1187
1255a
1324a
1324b
1364
, and
1365
of this title and
section 1437r of Title 42
, The Public Health and Welfare, amending this section, sections 1152, 1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title,
section 2025 of Title 7
, Agriculture,
section 1546 of Title 18
, Crimes and Criminal Procedure, sections 1091 and 1096 of Title 20, Education, sections 1802, 1813, and 1851 of Title 29, Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b–7, 1353, 1396b, and 1436a of Title 42, repealing
section 1816 of Title 29
, enacting provisions set out as notes under this section and sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title,
section 1802 of Title 29
, and sections 405, 502, and 1320b–7 of Title 42, and amending provisions set out as notes under this section and
section 1383 of Title 42
] may be cited as the ‘
Immigration Reform and Control Act of 1986
’.”
Short Title of 1982 Amendment
Pub. L. 97–363, § 1
Oct. 25, 1982
96 Stat. 1734
, provided that:
“This Act [amending sections
1522
1523
, and
1524
of this title and enacting provisions set out as a note under
section 1522 of this title
] may be cited as the ‘
Refugee Assistance Amendments of 1982
’.”
Short Title of 1981 Amendment
Pub. L. 97–116, § 1(a)
Dec. 29, 1981
95 Stat. 1611
, provided that:
“this Act [amending this section, sections
1105a
1151
1152
1154
1182
1201
1203
1221
1227
1251
1252
1253
1254
1255
1255b
1258
1305
1324
1356
1361
1401a
1409
1427
1431
1432
1433
1439
1440
1445
1446
1447
1448
1452
1455
1481
, and
1483
of this title, and
section 1429 of Title 18
, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and sections 1151 and 1182 of this title, amending a provision set out as a note under this section, and repealing a provision set out as a note under
section 1182 of this title
] may be cited as the ‘
Immigration and Nationality Act Amendments of 1981
’.”
Short Title of 1980 Amendment
Pub. L. 96–212, § 1
Mar. 17, 1980
94 Stat. 102
, provided:
“That this Act [enacting sections
1157
to
1159
and
1521
to
1525
of this title, amending this section, sections
1151
to
1153
1181
1182
1253
, and
1254
of this title, and
section 2601 of Title 22
, Foreign Relations and Intercourse, enacting provision set out as notes under this section and sections 1153, 1157, 1158, 1521, and 1522 of this title, amending provisions set out as notes under sections 1182 and 1255 of this title, and repealing provisions set out as a note under
section 2601 of Title 22
] may be cited as the ‘
Refugee Act of 1980
’.”
Short Title of 1976 Amendment
Pub. L. 94–571, § 1
Oct. 20, 1976
90 Stat. 2703
, provided:
“That this Act [amending this section and sections
1151
1152
to
1154
1181
1182
1251
1254
, and
1255
of this title and enacting provisions set out as notes under this section and sections
1153
and
1255
of this title] may be cited as the ‘
Immigration and Nationality Act Amendments of 1976
’.”
Short Title
Act June 27, 1952, ch. 477, § 1,
66 Stat. 163
, provided that such act, enacting this chapter,
section 1429 of Title 18
, Crimes and Criminal Procedure, amending sections 1353a, 1353d, 1552 of this title, sections 342b, 342c, 342e of former Title 5, Executive Departments and Government Officers and Employees, sections 1114, 1546 of Title 18, sections 618, 1446 of Title 22, Foreign Relations and Intercourse, sections 1, 177 of former Title 49, Transportation, sections 1952 to 1955 and 1961 of the former
Appendix to Title 50
, War and
National
Defense, repealing section 530 of former Title 31, Money and Finance, enacting provisions set out as notes under this section and amending provisions set out as notes under sections 1435 and 1440 of this title, may be cited as the “
Immigration and Nationality Act
”.
Repeal and Revival
Pub. L. 100–525, § 8(b)
Oct. 24, 1988
102 Stat. 2617
, provided that:
“Section 3 of INAA [
Pub. L. 99–653
, repealing subsec. (c)(1) of this section] is repealed and the language stricken by such section is revived as of
November 14, 1986
.”
Repeals
Act June 27, 1952, ch. 477, title IV, § 403(b),
66 Stat. 280
, provided that:
“Except as otherwise provided in section 405 [set out below], all other laws, or parts of laws, in conflict or inconsistent with this Act [this chapter] are, to the extent of such conflict or inconsistency, repealed.”
Regulations
Pub. L. 110–391, § 2(b)
Oct. 10, 2008
122 Stat. 4193
, provided that:
“Not later than 30 days after the date of the enactment of this Act [
Oct. 10, 2008
], the
Secretary of Homeland Security
shall—
“(1)
issue final regulations to eliminate or reduce fraud related to the granting of special
immigrant
status for special
immigrants
described in subclause (II) or (III) of section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)(C)(ii)
); and
“(2)
submit a certification to
Congress
and publish notice in the Federal Register that such regulations have been issued and are in effect.”
Pub. L. 109–162, title VIII, § 828
Jan. 5, 2006
119 Stat. 3066
, provided that:
“Not later than 180 days after the date of enactment of this Act [
Jan. 5, 2006
], the
Attorney General,
the
Secretary of Homeland Security
, and the Secretary of
State
shall promulgate regulations to implement the provisions contained in the
Battered Immigrant Women Protection Act of 2000
(title V of
Public Law 106–386
) [see
section 1501 of Pub. L. 106–386
, set out as a Short Title of 2000 Amendments note under this section], this Act [see Tables for classification], and the amendments made by this Act.”
Pub. L. 102–232, title III, § 303(a)(8)
Dec. 12, 1991
105 Stat. 1748
, provided that:
“The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(H)(i)(b)
, 1182(n)] no later than
January 2, 1992
.”
Pub. L. 102–140, title VI, § 610
Oct. 28, 1991
105 Stat. 832
, as amended by
Pub. L. 103–416, title II, § 219
(l)(2),
Oct. 25, 1994
108 Stat. 4317
, provided that:
“(a)
The
Attorney General
shall prescribe regulations under title 5,
United States
Code, to carry out section 404(b)(1) of the
Immigration and Nationality Act
[act
June 27, 1952
, as amended, set out as a note above], including a delineation of (1) scenarios that constitute an immigration emergency, (2) the process by which the President declares an immigration emergency, (3) the role of the Governor and local officials in requesting a declaration of emergency, (4) a definition of ‘assistance as required by the
Attorney General’
, and (5) the process by which
States
and localities are to be reimbursed.
“(b)
The
Attorney General
shall prescribe regulations under title 5,
United States
Code, to carry out section 404(b)(2) of such Act, including providing a definition of the terms in section 404(b)(2)(A)(ii) and a delineation of ‘in any other circumstances’ in section 404(b)(2)(A)(iii) of such Act.
“(c)
The regulations under this section shall be published for comment not later than 30 days after the date of enactment of this Act [
Oct. 28, 1991
] and issued in final form not later than 15 days after the end of the comment period.”
Savings Clause
Act June 27, 1952, ch. 477, title IV, § 405,
66 Stat. 280
, provided in part that:
“(a)
Nothing contained in this Act [this chapter], unless otherwise specifically provided therein, shall be construed to affect the validity of any declaration of intention, petition for
naturalization
, certificate of
naturalization
, certificate of citizenship, warrant of arrest, order or warrant of deportation, order of exclusion, or other document or proceeding which shall be valid at the time this Act [this chapter] shall take effect; or to affect any prosecution, suit, action, or proceedings, civil or criminal, brought, or any status, condition, right in process of acquisition, act, thing, liability, obligation, or matter, civil or criminal done or existing, at the time this Act [this chapter] shall take effect; but as to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters the statutes or parts of statutes repealed by this Act [this chapter] are, unless otherwise specifically provided therein, hereby continued in force and effect. When an
immigrant
, in possession of an unexpired
immigrant
visa issued prior to the effective date of this Act [this chapter], makes application for admission, his admissibility shall be determined under the provisions of law in effect on the date of the issuance of such visa. An application for suspension of deportation under section 19 of the
Immigration Act of 1917
, as amended [former
section 155 of this title
], or for adjustment of status under section 4 of the
Displaced Persons Act of 1948
, as amended [former section 1953 of the former
Appendix to Title 50
], which is pending on the date of enactment of this Act [
June 27, 1952
], shall be regarded as a proceeding within the meaning of this subsection.
“(b)
Except as otherwise specifically provided in title III [subchapter III of this chapter], any petition for
naturalization
heretofore filed which may be pending at the time this Act [this chapter] shall take effect shall be heard and determined in accordance with the requirements of law in effect when such petition was filed.
“(c)
Except as otherwise specifically provided in this Act [this chapter], the repeal of any statute by this Act [this chapter] shall not terminate nationality heretofore lawfully acquired nor restore nationality heretofore lost under any law of the
United States
or any treaty to which the
United States
may have been a party.
“(d)
Except as otherwise specifically provided in this Act [this chapter], or any amendment thereto, fees, charges and prices for purposes specified in title V of the
Independent Offices Appropriation Act, 1952
(Public Law 137, Eighty-second
Congress
, approved
August 31, 1951
), may be fixed and established in the manner and by the head of any Federal Agency as specified in that Act.
“(e)
This Act [this chapter] shall not be construed to repeal, alter, or amend section 231(a) of the Act of April 30, 1946 (
60 Stat. 148
; [
section 1281(a) of title 22
]), the Act of
June 20, 1949
(Public Law 110, section 8, Eighty-first
Congress
, first session;
63 Stat. 208
section 3508 of title 50
]), the Act of
June 5, 1950
(Public Law 535, Eighty-first
Congress
, second session [former section 1501 et seq. of title 22]), nor title V of the
Agricultural Act of 1949
, as amended (Public Law 78, Eighty-second
Congress
, first session [former sections 1461 to 1468 of title 7]).”
Separability
Pub. L. 106–313, title I, § 116
Oct. 17, 2000
114 Stat. 1262
, provided that:
“If any provision of this title [see Short Title of 2000 Amendments note above] (or any amendment made by this title) or the application thereof to any
person
or circumstance is held invalid, the remainder of the title (and the amendments made by this title) and the application of such provision to any other
person
or circumstance shall not be affected thereby. This section be enacted [sic] 2 days after effective date.”
Pub. L. 104–208, div. C, § 1(e)
Sept. 30, 1996
110 Stat. 3009–553
, provided that:
“If any provision of this division [see Tables for classification] or the application of such provision to any
person
or circumstances is held to be unconstitutional, the remainder of this division and the application of the provisions of this division to any
person
or circumstance shall not be affected thereby.”
Act June 27, 1952, ch. 477, title IV, § 406,
66 Stat. 281
, provided that:
“If any particular provision of this Act [this chapter], or the application thereof to any
person
or circumstance, is held invalid, the remainder of the Act [this chapter] and the application of such provision to other
persons
or circumstances shall not be affected thereby.”
Rule of Construction
Pub. L. 117–360, § 4
Jan. 5, 2023
136 Stat. 6293
, provided that:
“For purposes of this Act [see Short Title of 2023 Amendment note set out above], and the amendments made by this Act, the performance by a
crewman
of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be
services,
work, labor or employment by the
crewman
within the
United States
.”
Transfer of Functions
United
States
Information Agency (other than
Broadcasting Board of Governors
and
International Broadcasting Bureau
) abolished and functions transferred to Secretary of
State,
see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.
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
Admission of Alaska as State
Effectiveness of amendment of this section by
Pub. L. 85–508
as dependent on admission of
State
of Alaska into the Union, see
section 8(b) of Pub. L. 85–508
, set out as a note preceding
section 21 of Title 48
, Territories and Insular Possessions.
Appropriations
Act June 27, 1952, ch. 477, title IV, § 404,
66 Stat. 280
, as amended by
Pub. L. 97–116, § 18(s)
Dec. 29, 1981
95 Stat. 1621
Pub. L. 99–603, title I, § 113
Nov. 6, 1986
100 Stat. 3383
Pub. L. 101–649, title VII, § 705(a)
Nov. 29, 1990
104 Stat. 5087
Pub. L. 102–232, title III, § 308(d)
Dec. 12, 1991
105 Stat. 1757
, provided that:
“(a)
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act [this chapter] (other than chapter 2 of title IV) [subchapter IV of this chapter].
“(b)
(1)
There are authorized to be appropriated (for fiscal year 1991 and any subsequent fiscal year) to an immigration emergency fund, to be established in the Treasury, an amount sufficient to provide for a balance of $35,000,000 in such fund, to be used to carry out paragraph (2) and to provide for an increase in border patrol or other enforcement activities of the
Service
and for reimbursement of
State
and localities in providing assistance as requested by the
Attorney General
in meeting an immigration emergency, except that no amounts may be withdrawn from such fund with respect to an emergency unless the President has determined that the immigration emergency exists and has certified such fact to the Judiciary Committees of the
House of Representatives
and of the
Senate
“(2)
(A)
Funds which are authorized to be appropriated by paragraph (1), subject to the dollar limitation contained in subparagraph (B), shall be available, by application for the reimbursement of
States
and localities providing assistance as required by the
Attorney General
, to
States
and localities whenever—
“(i)
a district director of the
Service
certifies to the
Commissioner
that the number of asylum applications filed in the respective district during a calendar quarter exceeds by at least 1,000 the number of such applications filed in that district during the preceding calendar quarter,
“(ii)
the lives, property, safety, or welfare of the residents of a
State
or locality are endangered, or
“(iii)
in any other circumstances as determined by the
Attorney General
In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district.
“(B)
Not more than $20,000,000 shall be made available for all localities under this paragraph.
“(C)
For purposes of subparagraph (A), the requirement of paragraph (1) that an immigration emergency be determined shall not apply.
“(D)
A decision with respect to an application for reimbursement under subparagraph (A) shall be made by the
Attorney General
within 15 days after the date of receipt of the application.”
Pub. L. 101–649, title VII, § 705(b)
Nov. 29, 1990
104 Stat. 5087
, provided that:
“Section 404(b)(2)(A)(i) of the
Immigration and Nationality Act
[act
June 27, 1952
, set out above], as added by the amendment made by subsection (a)(5), shall apply with respect to increases in the number of asylum applications filed in a calendar quarter beginning on or after
January 1, 1989
. The
Attorney General
may not spend any amounts from the immigration emergency fund pursuant to the amendments made by subsection (a) [amending section 404 of act
June 27, 1952
, set out above] before
October 1, 1991
.”
[Determination of President of the
United States
, No. 97–16,
Feb. 12, 1997
, 62 F.R.
13981
, provided that immigration emergency determined by President in 1995 to exist with respect to smuggling into
United States
of illegal
aliens
persisted and directed use of Immigration Emergency Fund established by section 404(b)(1) of act
June 27, 1952
, set out above.
[Prior determination was contained in the following:
[Determination of President of the
United States
, No. 95–49,
Sept. 28, 1995
, 60 F.R.
53677
.]
Benefits for Certain Citizens or Nationals of Ukraine
Pub. L. 117–128, title IV, § 401
May 21, 2022
136 Stat. 1218
, as amended by
Pub. L. 118–50, div. B, title III, § 301
Apr. 24, 2024
138 Stat. 913
, provided that:
“(a)
In General.—
Notwithstanding any other provision of law, a citizen or
national
of Ukraine (or a
person
who last habitually resided in Ukraine) shall be eligible for the benefits described in subsection (b) if—
“(1)
such individual completed security and law enforcement background checks to the satisfaction of the
Secretary of Homeland Security
and was subsequently—
“(A)
paroled into the
United States
between
February 24, 2022
and
September 30, 2024
; or
“(B)
paroled into the
United States
after
September 30, 2023
and—
“(i)
is the spouse or
child
of an individual described in subparagraph (A); or
“(ii)
is the parent, legal guardian, or primary caregiver of an individual described in subparagraph (A) who is determined to be an unaccompanied
child
under section 462(g)(2) of the
Homeland Security Act of 2002
6 U.S.C. 279(g)(2)
) or section 412(d)(2)(B) of the
Immigration and Nationality Act
8 U.S.C. 1522(d)(2)(B)
); and
“(2)
such individual’s parole has not been terminated by the
Secretary of Homeland Security
“(b)
Benefits.—
An individual described in subsection (a) shall be eligible for—
“(1)
resettlement assistance, entitlement programs, and other benefits available to
refugees
admitted under section 207 of the
Immigration and Nationality Act
8 U.S.C. 1157
) to the same extent as such
refugees,
but shall not be eligible for the program of initial resettlement authorized by section 412(b)(1) of the
Immigration and Nationality Act
8 U.S.C. 1522(b)(1)
); and
“(2)
services
described under section 412(d)(2) of the
Immigration and Nationality Act
8 U.S.C. 1522(d)(2)
), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien
child
as defined under section 462(g)(2) of the
Homeland Security Act of 2002
6 U.S.C. 279(g)(2)
).
“(c)
Clarifications.—
“(1)
Nothing in this section shall be interpreted to:
“(A)
preclude an individual described in subsection (a) from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or
“(B)
entitle a
person
described in subsection (a) to lawful
permanent
resident status.
“(2)
Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (
Public Law 104–193
) [
8 U.S.C. 1631(a)
] shall not apply with respect to determining the eligibility and the amount of benefits made available pursuant to subsection (b).
“(d)
Non-Application of the Paperwork Reduction Act.—
Chapter
35
of title 44,
United States
Code (commonly referred to as the
Paperwork Reduction Act of 1995
), shall not apply to any action taken to implement this section that involves translating a currently approved collection of information into a new language.”
Benefits for Certain Citizens or Nationals of Afghanistan
Pub. L. 117–43, div. C, title V, § 2502
Sept. 30, 2021
135 Stat. 377
, as amended by
Pub. L. 117–328, div. M, title V, § 1501
Dec. 29, 2022
136 Stat. 5195
, provided that:
“(a)
In General.—
Notwithstanding any other provision of law, a citizen or
national
of Afghanistan (or a
person
with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if—
“(1)
such individual completed security and law enforcement background checks to the satisfaction of the
Secretary of Homeland Security
and was subsequently—
“(A)
paroled into the
United States
between
July 31, 2021
, and
September 30, 2023
; or
“(B)
paroled into the
United States
after
September 30, 2022
, and—
“(i)
is the spouse or
child
(as such term is defined under section 101(b) of the
Immigration and Nationality Act
8 U.S.C. 1101(b)
) of an individual described in subparagraph (A); or
“(ii)
is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied
child
under
6 U.S.C. 279(g)(2)
; and
“(2)
such individual’s parole has not been terminated by the
Secretary of Homeland Security
“(b)
Benefits.—
An individual described in subsection (a) shall be eligible for—
“(1)
resettlement assistance, entitlement programs, and other benefits available to
refugees
admitted under section 207 of the
Immigration and Nationality Act
8 U.S.C. 1157
) until
March 31, 2023
, or the term of parole granted under subsection (a), whichever is later;
“(2)
services
described under section 412(d)(2) of the
Immigration and Nationality Act
8 U.S.C. 1522(d)(2)
), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien
child
as defined under
6 U.S.C. 279(g)(2)
; and
“(3)
a driver’s license or identification card under section 202 of the
REAL ID Act of 2005
(division B of
Public Law 109–13
49 U.S.C. 30301
note), notwithstanding subsection (c)(2)(B) of such Act [probably means “such section”].
“(c)
Expeditious Adjudication of Asylum Applications.—
With respect to an application for asylum under section 208 of the
Immigration and Nationality Act
8 U.S.C. 1158
) filed by an individual described in subsection (a), the
Secretary of Homeland Security
shall—
“(1)
conduct the initial interview on the asylum application not later than 45 days after the date on which the application is filed; and
“(2)
in the absence of exceptional circumstances, issue a final administrative adjudication on the asylum application within 150 days after the date the application is filed.
“(d)
Clarification.—
Notwithstanding any other provision of law, nothing in this act [probably should be “Act”, meaning div. C of
Pub. L. 117–43
, see Tables for classification] shall be interpreted to—
“(1)
preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or
“(2)
entitle a
person
described in subsection (a) to lawful
permanent
resident status.
“(e)
Report.—
Not later than 120 days after the date of enactment of this Act [
Sept. 30, 2021
], and every 3 months thereafter, the
Secretary of Homeland Security
, in consultation with the
Secretary of Defense
and the Secretary of
State,
shall submit a report to
Congress
detailing the number of individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as
refugees
notwithstanding this Act; and any other information deemed relevant by the Secretary.”
Waiver of Medical Exam Requirement for Certain Afghans Seeking Admission
Pub. L. 117–31, title IV, § 402
July 30, 2021
135 Stat. 317
, provided that:
“(a)
Authorization.—
The Secretary of
State
and the
Secretary of Homeland Security
may jointly issue a blanket waiver of the requirement that
aliens
described in section 602(b)(2) of the
Afghan Allies Protection Act of 2009
Pub. L. 111–8, div. F, title VI
] (
8 U.S.C. 1101
[note]) undergo a medical exam under section 221(d) of the
Immigration and Nationality Act
8 U.S.C. 1201(d)
), or any other applicable provision of law, prior to issuance of an
immigrant
visa or admission to the
United States.
“(b)
Duration.—
A waiver under subsection (a) shall be for a period of 1 year, and, subject to subsection (g), may be extended by the Secretary of
State
and
Secretary of Homeland Security
for additional periods, each of which shall not exceed 1 year.
“(c)
Notification.—
Upon exercising the waiver authority under subsection (a), or the authority to extend a waiver under subsection (b), the Secretary of
State
and the
Secretary of Homeland Security
shall notify the appropriate congressional committees.
“(d)
Requirement for Medical Examination After Admission.—
“(1)
In general.—
The
Secretary of Homeland Security
, in consultation with the Secretary of Health and Human
Services,
shall establish procedures to ensure, to the greatest extent practicable, that any
alien
who receives a waiver of the medical examination requirement under this section completes such an exam not later than 30 days after the date on which the
alien
is admitted to the
United States.
“(2)
Conditional basis for status.—
“(A)
In general.—
Notwithstanding any other provision of law, an
alien
who receives a waiver of the medical examination requirement under this section shall be considered, at the time of admission to the
United States
, as an
alien
lawfully admitted for permanent residence
on a conditional basis.
“(B)
Removal of conditions.—
The
Secretary of Homeland Security
shall remove the conditional basis of the
alien’
s status upon the Secretary’s confirmation that such
alien
has completed the medical examination and is not inadmissible under section 212(a)(1)(A) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(1)(A)
).
“(3)
Report.—
Not later than 1 year after the date on which the waiver authority under subsection (a) is exercised, or such waiver is extended under subsection (b), as applicable, the
Secretary of Homeland Security
, in consultation with the Secretary of Health and Human
Services,
shall submit to the appropriate congressional committees a report on the status of medical examinations required under paragraph (1), including—
“(A)
the number of pending and completed examinations; and
“(B)
the number of
aliens
who have failed to complete the medical examination within the 30-day period after the date of such
aliens
’ admission.
“(e)
Appropriate Congressional Committees.—
The term ‘appropriate committees of
Congress
’ means—
“(1)
the Committee on Armed
Services
, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the
Senate
; and
“(2)
the Committee on Armed
Services
, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security of the
House of Representatives
“(f)
Rule of Construction.—
Nothing in this Act [probably means this section] may be construed to prevent the Secretary of
State
, the
Secretary of Homeland Security
, the
Secretary of Defense
, or the Secretary of Health and Human
Services
from adopting appropriate measures to prevent the spread of communicable diseases, including COVID–19, to the
United States.
“(g)
Sunset.—
The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act [
July 30, 2021
].
“(h)
Emergency Requirement.—
The amount provided by this section is designated by the
Congress
as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985
2 U.S.C. 901(b)(2)(A)(i)
].”
Availability of Funds
Pub. L. 119–75, div. I, § 5015
Feb. 3, 2026
140 Stat. 631
, provided that:
“Section 101(a)(27)(C)(ii) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)(C)(ii)
) shall be applied by substituting ‘
September 30, 2026
’ for ‘
September 30, 2015
’ each place such date appears.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 118–47, div. G, title I, § 104
Mar. 23, 2024
138 Stat. 856
Pub. L. 117–328, div. O, title III, § 302
Dec. 29, 2022
136 Stat. 5227
Pub. L. 117–103, div. O, title II, § 202
Mar. 15, 2022
136 Stat. 787
Pub. L. 116–260, div. O, title I, § 102
Dec. 27, 2020
134 Stat. 2148
Pub. L. 116–94, div. I, title I, § 102
Dec. 20, 2019
133 Stat. 3019
Pub. L. 116–6, div. H, title I, § 102
Feb. 15, 2019
133 Stat. 475
Pub. L. 115–141, div. M, title II, § 202
Mar. 23, 2018
132 Stat. 1049
Pub. L. 115–31, div. F, title V, § 540
May 5, 2017
131 Stat. 432
Pub. L. 114–113, div. F, title V, § 573
Dec. 18, 2015
129 Stat. 2526
Annual Report on Immigration Applications Made by Victims of Abuse
Pub. L. 113–4, title VIII, § 802
Mar. 7, 2013
127 Stat. 110
, provided that:
“Not later than
December 1, 2014
, and annually thereafter, the
Secretary of Homeland Security
shall submit to the Committee on the Judiciary of the
Senate
and the Committee on the Judiciary of the
House of Representatives
a report that includes the following:
“(1)
The number of
aliens
who—
“(A)
submitted an application for nonimmigrant status under paragraph (15)(T)(i), (15)(U)(i), or (51) of section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
) during the preceding fiscal year;
“(B)
were granted such nonimmigrant status during such fiscal year; or
“(C)
were denied such nonimmigrant status during such fiscal year.
“(2)
The mean amount of time and median amount of time to adjudicate an application for such nonimmigrant status during such fiscal year.
“(3)
The mean amount of time and median amount of time between the receipt of an application for such nonimmigrant status and the issuance of work authorization to an eligible applicant during the preceding fiscal year.
“(4)
The number of
aliens
granted continued presence in the
United States
under section 107(c)(3) of the
Trafficking Victims Protection Act of 2000
22 U.S.C. 7105(c)(3)
) during the preceding fiscal year.
“(5)
A description of any actions being taken to reduce the adjudication and processing time, while ensuring the safe and competent processing, of an application described in paragraph (1) or a request for continued presence referred to in paragraph (4).”
Special Rule for Alien Victims
Pub. L. 112–239, div. A, title XVII, § 1706(b)
Jan. 2, 2013
126 Stat. 2097
, provided that:
“No
alien
may be admitted to the
United States
pursuant to subparagraph (U) of section 101(a)(15) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)
) as a result of the
alien
being a victim of a crime described in subsection (b) of
section 1351 of title 18
United States
Code, as added by subsection (a).”
No Authority for National Identification Card
Pub. L. 112–176, § 5
Sept. 28, 2012
126 Stat. 1326
, provided that:
“Nothing in this Act [amending this section and provisions set out as notes under sections
1153
1182
, and
1324a
of this title] may be construed to authorize the planning, testing, piloting, or development of a
national
identification card.”
Fee Increases
Pub. L. 111–230, title IV, § 402
Aug. 13, 2010
124 Stat. 2487
, as amended by
Pub. L. 111–347, title III, § 302
Jan. 2, 2011
124 Stat. 3667
, provided that:
“(a)
Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act [
Aug. 13, 2010
] and ending on
September 30, 2015
, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(L) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(L)
) shall be increased by $2,250 for applicants that employ 50 or more employees in the
United States
if more than 50 percent of the applicant’s employees are nonimmigrants admitted pursuant to section 101(a)(15)(H)(i)(b) of such Act or section 101(a)(15)(L) of such Act.
“(b)
Notwithstanding any other provision of this Act or any other provision of law, during the period beginning on the date of the enactment of this Act and ending on
September 30, 2015
, the filing fee and fraud prevention and detection fee required to be submitted with an application for admission as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(H)(i)(b)
) shall be increased by $2,000 for applicants that employ 50 or more employees in the
United States
if more than 50 percent of the applicant’s employees are such nonimmigrants or nonimmigrants described in section 101(a)(15)(L) of such Act.
“(c)
During the period beginning on the date of the enactment of this Act and ending on
September 30, 2015
, all amounts collected pursuant to the fee increases authorized under this section shall be deposited in the General Fund of the Treasury.”
Afghan Allies Protection
Pub. L. 111–8, div. F, title VI
Mar. 11, 2009
123 Stat. 807
, as amended by
Pub. L. 111–118, div. A, title VIII, § 8120(b)
Dec. 19, 2009
123 Stat. 3457
Pub. L. 113–66, div. A, title XII, § 1219
Dec. 26, 2013
127 Stat. 913
Pub. L. 113–76, div. K, title VII, § 7034
(o),
Jan. 17, 2014
128 Stat. 516
Pub. L. 113–160, § 1
Aug. 8, 2014
128 Stat. 1853
Pub. L. 113–291, div. A, title XII, § 1227
Dec. 19, 2014
128 Stat. 3552
Pub. L. 114–92, div. A, title XII, § 1216
Nov. 25, 2015
129 Stat. 1045
Pub. L. 114–328, div. A, title XII, § 1214
Dec. 23, 2016
130 Stat. 2479
Pub. L. 115–31, div. J, title VII, § 7083(a)
May 5, 2017
131 Stat. 718
Pub. L. 115–91, div. A, title XII, § 1213
Dec. 12, 2017
131 Stat. 1649
Pub. L. 115–232, div. A, title XII, § 1222
Aug. 13, 2018
132 Stat. 2028
Pub. L. 116–6, div. F, title VII, § 7076(a)
Feb. 15, 2019
133 Stat. 391
Pub. L. 116–92, div. A, title XII, § 1219
Dec. 20, 2019
133 Stat. 1636
Pub. L. 116–94, div. G, title VII, § 7034
(l)(11),
Dec. 20, 2019
133 Stat. 2873
Pub. L. 116–260, div. K, title VII, § 7034
(l)(11),
Dec. 27, 2020
134 Stat. 1750
Pub. L. 116–283, div. A, title XII, § 1212
Jan. 1, 2021
134 Stat. 3919
Pub. L. 117–31, title IV
, §§ 401(a), 403(b),
July 30, 2021
135 Stat. 315
, 318;
Pub. L. 117–328, div. K, title VII, § 7034(d)(9)
Dec. 29, 2022
136 Stat. 5031
Pub. L. 118–47, div. F, title VII, § 7034(d)(9)
Mar. 23, 2024
138 Stat. 789
Pub. L. 119–4, div. A, title XII, § 11208(b)
Mar. 15, 2025
139 Stat. 38
, provided that:
“SEC. 601.
SHORT TITLE.
“This title may be cited as the ‘
Afghan Allies Protection Act of 2009
’.
“SEC. 602.
PROTECTION FOR AFGHAN ALLIES.
“(a)
Appropriate Committees of Congress Defined.—
In this section, the term ‘appropriate committees of
Congress
’ means—
“(1)
the Committee on Armed
Services
, the Committee on Foreign Relations, and the Committee on the Judiciary of the
Senate
; and
“(2)
the Committee on Armed
Services
, the Committee on Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives
“(b)
Special Immigrant Status for Certain Afghans.—
“(1)
In general.—
Subject to paragraph (3), the
Secretary of Homeland Security
, or, notwithstanding any other provision of law, the Secretary of
State
in consultation with the
Secretary of Homeland Security
, may provide an
alien
described in subparagraph (A), (B), or (C) of paragraph (2) with the status of a special
immigrant
under section 101(a)(27) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)
), if the
alien—
“(A)
or an agent acting on behalf of the
alien
, submits a petition for classification under section 203(b)(4) of such Act (
8 U.S.C. 1153(b)(4)
);
“(B)
is otherwise eligible to receive an
immigrant
visa;
“(C)
is otherwise admissible to the
United States
for
permanent
residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (
8 U.S.C. 1182(a)(4)
)[)]; and
“(D)
clears a background check and appropriate screening, as determined by the
Secretary of Homeland Security
“(2)
Aliens described.—
“(A)
Principal aliens.—
An
alien
is described in this subparagraph if the
alien
“(i)
is a citizen or
national
of Afghanistan;
“(ii)
was or is employed in Afghanistan on or after
October 7, 2001
, for not less than 1 year—
“(I)
by, or on behalf of, the
United States
Government; or
“‘(II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the
alien
“(aa)
while traveling off-base with
United States
military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such
United States
military personnel; or
“(bb)
to perform activities for the
United States
military personnel stationed at International Security Assistance Force (or any successor name for such Force);
“(iii)
provided faithful and valuable
service
to an entity or
organization
described in clause (ii), which is documented in a positive recommendation or evaluation, subject to subparagraph (D), from the employee’s senior supervisor or the
person
currently occupying that position, or a more senior
person
, if the employee’s senior supervisor has left the employer or has left Afghanistan; and
“(iv)
has experienced or is experiencing an ongoing serious threat as a consequence of the
alien
’s employment described in clause (ii).
“(B)
Spouse or child.—
An
alien
is described in this subparagraph if the
alien
“(i)
is the spouse or
child
of a principal
alien
described in subparagraph (A); and
“(ii)
is accompanying or following to join the principal
alien
in the
United States
“(C)
Surviving spouse or child.—
“(I) [(i)]
In general.—
An
alien
is described in this subparagraph if the
alien
“(I)
was the spouse or
child
of a principal
alien
described in subparagraph (A) who had submitted an application to the Chief of Mission pursuant to this section or section 1059 of the
National Defense Authorization Act for Fiscal Year 2006
Public Law 109–163
8 U.S.C. 1101
note) which included the
alien
as an accompanying spouse or
child;
and
“(II)
due to the death of the principal
alien
“(aa)
such petition was revoked or terminated (or otherwise rendered null); and
“(bb)
such petition would have been approved if the principal
alien
had survived.
“(II) [(ii)]
Employment requirements.—
An application by a surviving spouse or
child
of a principal
alien
shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal
alien’
s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal
alien’
s death.
“(D)
Approval by chief of mission required.—
“(i)
In general.—
Except as provided under clause (ii), a recommendation or evaluation required under subparagraph (A)(iii) shall be accompanied by approval from the appropriate Chief of Mission, or the designee of the appropriate Chief of Mission, who shall conduct a risk assessment of the
alien
and an independent review of records maintained by the
United States
Government or hiring
organization
or entity to confirm employment and faithful and valuable
service
to the
United States
Government prior to approval of a petition under this section.
“(ii)
Review process for denial by chief of mission.—
“(I)
In general.—
An applicant who has been denied Chief of Mission approval shall—
“(aa)
receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and
“(bb)
be provided not more than one written appeal per denial or revocation—
“(AA)
that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing or thereafter at the discretion of the Secretary of
State
; and
“(BB)
that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information.
“(II)
Afghan special immigrant visa coordinator.—
The Secretary of
State
shall designate, in the Embassy of the
United States
in Kabul, Afghanistan, an Afghan Special
Immigrant
Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special
immigrant
visas under this section, who shall be given—
“(aa)
sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed;
“(bb)
responsibility for ensuring that an applicant described in subclause (I) receives the information described in subclause (I)(aa); and
“(cc)
responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to [sub]clause (I)(bb).
“(E)
Evidence of serious threat.—
A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the
United States
Government, should be considered as a factor in determination of whether the
alien
has experienced or is experiencing an ongoing serious threat as a consequence of the
alien’
s employment by the
United States
Government for purposes of subparagraph (A)(iv).
“(F)
Representation.—
An
alien
applying for admission to the
United States
pursuant to this title may be represented during the application process, including at relevant interviews and examinations, by an attorney or other accredited
representative
. Such representation shall not be at the expense of the
United States
Government.
“(3)
Numerical limitations.—
“(A)
In general.—
Except as provided in subparagraph (C), the total number of principal
aliens
who may be provided special
immigrant
status under this section may not exceed 1,500 per year for each of the fiscal years 2009, 2010, 2011, 2012, and 2013.
“(B)
Exclusion from numerical limitations.—
Aliens provided special
immigrant
status under this subsection shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the
Immigration and Nationality Act
8 U.S.C. 1151(d)
, 1152(a), and 1153(b)(4)).
“(C)
Carry forward.—
“(i)
Fiscal years 2009 through 2013.—
If the numerical limitation specified in subparagraph (A) is not reached during a given fiscal year, with respect to fiscal year 2009, 2010, 2011, 2012, or 2013, the numerical limitation specified in such subparagraph for the following fiscal year shall be increased by a number equal to the difference between—
“(I)
the numerical limitation specified in subparagraph (A) for the given fiscal year; and
“(II)
the number of principal
aliens
provided special
immigrant
status under this section during the given fiscal year.
“(ii)
Fiscal year 2014.—
If the numerical limitation determined under clause (i) is not reached in fiscal year 2013, the total number of principal
aliens
who may be provided special
immigrant
status under this subsection for fiscal year 2014 shall be equal to the difference between—
“(I)
the numerical limitation determined under clause (i) for fiscal year 2013; and
“(II)
the number of principal
aliens
provided such status under this section during fiscal year 2013.
“(D)
Additional fiscal year.—
For fiscal year 2014, the total number of principal
aliens
who may be provided special
immigrant
status under this section may not exceed 3,000, except that any unused balance of the total number of principal
aliens
who may be provided special
immigrant
status in fiscal year 2014 may be carried forward and provided through the end of fiscal year 2015, notwithstanding the provisions of paragraph (C), except that the one year period during which an
alien
must have been employed in accordance with subsection (b)(2)(A)(ii) shall be the period from
October 7, 2001
through
December 31, 2014
, and except that the principal
alien
seeking special
immigrant
status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(2)(D) no later than
September 30, 2014
“(E)
Special rule for end of calendar year 2014.—
“(i)
In general.—
During the period beginning on the date of the enactment of this subparagraph [
Aug. 8, 2014
] and ending on
December 31, 2014
, an additional 1,000 principal
aliens
may be provided special
immigrant
status under this section. For purposes of status provided under this subparagraph—
“(I)
the period during which an
alien
must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before
December 31, 2014
“(II)
the principal
alien
seeking special
immigrant
status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than
December 31, 2014
; and
“(III)
the authority to provide such status shall terminate on
December 31, 2014
“(ii)
Construction.—
Clause (i) shall not be construed to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D).
“(F)
Fiscal years 2015 through 2025.—
In addition to any unused balance under subparagraph (D), for the period beginning on the date of the enactment of this subparagraph [
Dec. 19, 2014
] until such time that available special
immigrant
visas under subparagraphs (D) and (E) and this subparagraph are exhausted, the total number of principal
aliens
who may be provided special
immigrant
status under this section shall not exceed 50,500. For purposes of status provided under this subparagraph—
“(i)
the period during which an
alien
must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before
December 31, 2024
“(ii)
the principal
alien
seeking special
immigrant
status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than
December 31, 2025
; and
“(iii)
the authority to issue visas shall commence on the date of the enactment of this subparagraph [
Dec. 19, 2014
] and shall terminate on the date such visas are exhausted.
“(4)
Application process.—
“(A)
In general.—
Not later than 120 days after the date of the enactment of the
National
Defense Authorization Act for Fiscal Year 2014 [
Dec. 26, 2013
], the Secretary of
State
and the
Secretary of Homeland Security
, in consultation with the
Secretary of Defense
, shall improve the efficiency by which applications for special
immigrant
visas under paragraph (1), are processed so that all steps, including Chief of Mission approval, under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, should be completed not later than 9 months after the date on which an eligible
alien
submits all required materials to complete an application for such visa.
“(B)
Construction.—
Nothing in this section shall be construed to limit the ability of a Secretary referred to in subparagraph (A) to take longer than 9 months to complete those steps incidental to the issuance of such visas in high-risk cases for which satisfaction of
national
security concerns requires additional time.
“(C)
Prohibition on fees.—
The
Secretary of Homeland Security
or the Secretary of
State
may not charge an
alien
described in subparagraph (A), (B), or (C) of paragraph (2) any fee in connection with an application for, or issuance of, a special
immigrant
visa under this section.
“(5)
Assistance with passport issuance.—
The Secretary of
State
shall make a reasonable effort to ensure that an
alien
described in subparagraph (A), (B), or (C) of paragraph (2) who is issued a special
immigrant
visa pursuant to this subsection is provided with the appropriate series Afghan
passport
necessary to enter the
United States.
“(6)
Protection of aliens.—
The Secretary of
State
, in consultation with the heads of other appropriate Federal agencies, shall make a reasonable effort to provide an
alien
described in subparagraph (A), (B), or (C) of paragraph (2) who is seeking special
immigrant
status under this subsection protection or to immediately remove such
alien
from Afghanistan, if possible, if the Secretary determines, after consultation, that such
alien
is in imminent danger.
“(7)
Other eligibility for immigrant status.—
No
alien
shall be denied the opportunity to apply for admission under this subsection solely because such
alien
qualifies as an immediate relative or is eligible for any other
immigrant
classification.
“(8)
Resettlement support.—
A citizen or
national
of Afghanistan who is granted special
immigrant
status described in section 101(a)(27) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)
) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to
refugees
admitted under section 207 of such Act (
8 U.S.C. 1157
) to the same extent, and for the same periods of time, as such
refugees.
“(9)
Adjustment of status.—
Notwithstanding paragraph (2), (7), or (8) of subsection (c) of section 245 of the
Immigration and Nationality Act
8 U.S.C. 1255
), the
Secretary of Homeland Security
may adjust the status of an
alien
described in subparagraph (A), (B), or (C) of paragraph (2) of this subsection or in section 1244(b) of the
Refugee Crisis in Iraq Act of 2007
Public Law 110–181
122 Stat. 397
) [
8 U.S.C. 1157
note] to that of an alien
lawfully admitted for permanent residence
under subsection (a) of such section 245 if the
alien—
“(A)
was paroled or admitted as a nonimmigrant into the
United States
; and
“(B)
is otherwise eligible for special
immigrant
status under—
“(i)
(I)
this subsection; or
“(II)
such section 1244(b); and
“(ii)
the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.).
“(10)
Annual report on use of special immigrant status.—
“(A)
Requirement.—
Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the
Secretary of Homeland Security
shall submit to the appropriate committees of
Congress
a report on the number of citizens or
nationals
of Afghanistan or Iraq who have applied for status as special
immigrants
under this subsection or section 1244 of the
Refugee Crisis in Iraq Act of 2007
Public Law 110–181
122 Stat. 396
) [
8 U.S.C. 1157
note].
“(B)
Content.—
Each report required by subparagraph (A) submitted in a fiscal year shall include the following information for the previous fiscal year:
“(i)
The number of citizens or
nationals
of Afghanistan or Iraq who submitted an application for status as a special
immigrant
pursuant to this section or section 1244 of the
Refugee Crisis in Iraq Act of 2007
Public Law 110–181
122 Stat. 396
), disaggregated—
“(I)
by the number of principal
aliens
applying for such status; and
“(II)
by the number of spouses and children of principal
aliens
applying for such status.
“(ii)
The number of applications referred to in clause (i) that—
“(I)
were approved; or
“(II)
were denied, including a description of the basis for each denial.
“(11)
Report on improvements.—
“(A)
Requirement for report.—
Not later than 120 days after the date of the enactment of the John S. McCain
National
Defense Authorization Act for Fiscal Year 2019 [
Aug. 13, 2018
], the Secretary of
State
and the
Secretary of Homeland Security
, in consultation with the
Secretary of Defense
, shall submit to the appropriate committees of
Congress
a report, with a classified annex, if necessary.
“(B)
Contents.—
The report required by subparagraph (A) shall describe the implementation of improvements to the processing of applications for special
immigrant
visas under this subsection, including information relating to—
“(i)
enhancing existing systems for conducting background and security checks of
persons
applying for special
immigrant
status, which shall—
“(I)
support immigration security; and
“(II)
provide for the orderly processing of such applications without significant delay;
“(ii)
the financial, security, and personnel considerations and resources necessary to carry out this section;
“(iii)
the number of
aliens
who have applied for special
immigrant
visas under this subsection during each month of the preceding fiscal year;
“(iv)
the reasons for the failure to process any applications that have been pending for longer than 9 months;
“(v)
the total number of applications that are pending due to the failure—
“(I)
to receive approval from the Chief of Mission;
“(II)
of U.S. Citizenship and Immigration
Services
to complete the adjudication of the Form I–360;
“(III)
to conduct a visa interview; or
“(IV)
to issue the visa to an eligible
alien
“(vi)
the average wait times for an applicant at each of the stages described in clause (v);
“(vii)
the number of denials or rejections at each of the stages described in clause (v); and
“(viii)
the reasons for denials by the Chief of Mission based on the categories already made available to denied special
immigrant
visa applicants in the denial letter sent to them by the Chief of Mission.
“(12)
Public quarterly reports.—
Not later than 120 days after the date of the enactment of the
National
Defense Authorization Act for Fiscal Year 2014 [
Dec. 26, 2013
], and every 3 months thereafter, the Secretary of
State
and the
Secretary of Homeland Security
, in consultation with the
Secretary of Defense
, shall publish a report on the website of the
Department of State
that describes the efficiency improvements made in the process by which applications for special
immigrant
visas under this subsection are processed, including information described in clauses (iii) through (viii) of paragraph (11)(B).
“(13)
Report.—
Not later than
December 31, 2016
, and annually thereafter through
January 31, 2026
, the Secretary of
State
and the
Secretary of Homeland Security
, in consultation with the
Secretary of Defense
, shall submit a report to the appropriate committees of
Congress
containing the following information:
“(A)
The occupations of
aliens
who—
“(i)
were provided special
immigrant
status under subclause (I) or (II)(bb) of paragraph (2)(A)(ii); and
“(ii)
were considered principal
aliens
for such purpose.
“(B)
The number of appeals submitted under paragraph (2)(D)(ii)(I)(bb) from application denials by the Chief of Mission and the number of those applications that were approved pursuant to the appeal.
“(C)
The number of applications denied by the Chief of Mission on the basis of derogatory information that were appealed and the number of those applications that were approved pursuant to the appeal.
“(D)
The number of applications denied by the Chief of Mission on the basis that the applicant did not establish faithful and valuable
service
to the
United States
Government that were appealed and the number of those applications that were approved pursuant to the appeal.
“(E)
The number of applications denied by the Chief of Mission for failure to establish the one-year period of employment required that were appealed and the number of those applications that were approved pursuant to the appeal.
“(F)
The number of applications denied by the Chief of Mission for failure to establish employment by or on behalf of the
United States
Government that were appealed and the number of those applications that were approved pursuant to the appeal.
“(G)
The number of special
immigrant
status approvals revoked by the Chief of Mission and the reason for each revocation.
“(H)
The number of special
immigrant
status approvals revoked by the Chief of Mission that were appealed and the number of those revocations that were overturned pursuant to the appeal.
“(14)
Reports informing the conclusion of the afghan special immigrant visa program.—
Not later than
June 1, 2016
, and every six months thereafter, the
Secretary of Defense
, in conjunction with the Secretary of
State,
shall submit to the Committee on Armed
Services
and the Committee on the Judiciary of the
Senate
and the Committee on Armed
Services
and the Committee on the Judiciary of the
House of Representatives
a report that contains—
“(A)
a description of the
United States
force presence in Afghanistan during the previous 6 months;
“(B)
a description of the projected
United States
force presence in Afghanistan;
“(C)
the number of citizens or
nationals
of Afghanistan who were employed by or on behalf of the entities described in paragraph (2)(A)(ii) during the previous 6 months; and
“(D)
the projected number of such citizens or
nationals
who will be employed by or on behalf of such entities.
“(15)
Sense of congress.—
It is the sense of
Congress
that the necessity of providing special
immigrant
status under this subsection should be assessed at regular intervals by the Committee on Armed
Services
of the
Senate
and the Committee on Armed
Services
of the
House of Representatives
, taking into account the scope of the current and planned presence of
United States
troops in Afghanistan, the current and prospective numbers of citizens and
nationals
of Afghanistan employed by or on behalf of the entities described in paragraph (2)(A)(ii), and the security climate in Afghanistan.
“(c)
Rule of Construction.—
Nothing in this section may be construed to affect the authority of the
Secretary of Homeland Security
under section 1059 of the
National Defense Authorization Act for Fiscal Year 2006
Public Law 109–163
8 U.S.C. 1101
note).”
Pub. L. 116–283, div. A, title XII, § 1212(a)(1)
, which directed amendment of
section 602(b)(3)(F) of Pub. L. 111–8
, set out above, by substituting “2021” for “2020” in heading, could not be executed because of the prior similar amendment by
Pub. L. 116–260, div. K, title VII, § 7034
(l)(11)(A).]
Pub. L. 116–283, div. A, title XII, § 1212(a)(2)
, which directed amendment of
section 602(b)(3)(F) of Pub. L. 111–8
, set out above, by substituting “22,620” for “22,500” in introductory provisions, could not be executed because “22,500” did not appear in text after the intervening amendment by
Pub. L. 116–260, div. K, title VII, § 7034
(l)(11)(B).]
Pub. L. 116–283, div. A, title XII, § 1212(a)(3)
, which directed amendment of
section 602(b)(3)(F) of Pub. L. 111–8
, set out above, by substituting “
December 31, 2022
” for “
December 31, 2021
” in cl. (i), could not be executed because of the prior identical amendment by
Pub. L. 116–260, div. K, title VII, § 7034
(l)(11)(C).]
Pub. L. 116–283, div. A, title XII, § 1212(a)(4)
, which directed amendment of
section 602(b)(3)(F) of Pub. L. 111–8
, set out above, by substituting “
December 31, 2022
” for “
December 31, 2021
” in cl. (ii), could not be executed because of the prior identical amendment by
Pub. L. 116–260, div. K, title VII, § 7034
(l)(11)(C).]
Special Immigrant Status for Persons Serving as Translators With United States Armed Forces
Pub. L. 110–242, § 2
June 3, 2008
122 Stat. 1567
, as amended by
Pub. L. 117–31, title IV, § 404(a)
July 30, 2021
135 Stat. 319
, provided that:
“(a)
In General.—
The
Secretary of Homeland Security
or the Secretary of
State
may convert an approved petition for special
immigrant
status under section 1059 of the
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163
] (
8 U.S.C. 1101
note) with respect to which a visa under such section 1059 is not immediately available to an approved petition for special
immigrant
status under section 1244 of the
National Defense Authorization Act for Fiscal Year 2008
Public Law 110–181
) [
8 U.S.C. 1157
note] notwithstanding any requirement of subsection (a) or (b) of such section 1244 but subject to the numerical limitations applicable under subsection (c) of such section 1244, as amended by this Act.
“(b)
Duration.—
The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244 of the
National Defense Authorization Act for Fiscal Year 2008
Public Law 110–181
8 U.S.C. 1157
note) is reached.”
Pub. L. 109–163, div. A, title X, § 1059
Jan. 6, 2006
119 Stat. 3443
, as amended by
Pub. L. 110–28, title III, § 3812
May 25, 2007
121 Stat. 151
Pub. L. 110–36, § 1
June 15, 2007
121 Stat. 227
Pub. L. 110–161, div. J, title VI, § 699J
Dec. 26, 2007
121 Stat. 2373
Pub. L. 112–227, § 1(a)
Dec. 28, 2012
126 Stat. 1608
, provided that:
“(a)
In General.—
For purposes of the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.), subject to subsection (c)(1), the
Secretary of Homeland Security
may provide an
alien
described in subsection (b) with the status of a special
immigrant
under section 101(a)(27) of such Act (
8 U.S.C. 1101(a)(27)
), if the
alien—
“(1)
files with the
Secretary of Homeland Security
a petition under section 204 of such Act (
8 U.S.C. 1154
) for classification under section 203(b)(4) of such Act (
8 U.S.C. 1153(b)(4)
); and
“(2)
is otherwise eligible to receive an
immigrant
visa and is otherwise admissible to the
United States
for
permanent
residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212(a)(4) of such Act (
8 U.S.C. 1182(a)(4)
) shall not apply.
“(b)
Aliens Described.—
“(1)
Principal aliens.—
An
alien
is described in this subsection if the
alien
“(A)
is a
national
of Iraq or Afghanistan;
“(B)
worked directly with
United States
Armed Forces, or under Chief of Mission authority, as a translator or interpreter for a period of at least 12 months;
“(C)
obtained a favorable written recommendation from the Chief of Mission or a general or flag officer in the chain of command of the
United States
Armed Forces unit that was supported by the
alien;
and
“(D)
before filing the petition described in subsection (a)(1), cleared a background check and screening, as determined by the Chief of Mission or a general or flag officer in the chain of command of the
United States
Armed Forces unit that was supported by the
alien.
“(2)
Spouses and children.—
An
alien
is described in this subsection if the
alien
is the spouse or
child
of a principal
alien
described in paragraph (1), and is following or accompanying to join the principal
alien.
“(c)
Numerical Limitations.—
“(1)
In general.—
The total number of principal
aliens
who may be provided special
immigrant
status under this section—
“(A)
during each of the fiscal years 2007 and 2008, shall not exceed 500; and
“(B)
during any other fiscal year shall not exceed 50.
“(2)
Aliens exempt from employment-based numerical limitations.—
For purposes of the application of sections 201 through 203 of the
Immigration and Nationality Act
8 U.S.C. 1151–115
3) in any fiscal year,
aliens
eligible to be provided status under this section shall be treated as special
immigrants
described in section 101(a)(27) of such Act (
8 U.S.C. 1101(a)(27)
) who are not described in subparagraph (A), (B), (C), or (K) of such section and shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the
Immigration and Nationality Act
8 U.S.C. 1151(d)
, 1152(a), and 1153(b)(4)).
“(3)
Carry forward.—
If the numerical limitation described in paragraph (1) is not reached during a given fiscal year, the numerical limitation for the following fiscal year shall be increased by a number equal to the difference between the number of visas authorized for the given fiscal year and the number of
aliens
provided special
immigrant
status during the given fiscal year.
“(d)
Adjustment of Status.—
Notwithstanding paragraphs (2), (7) and (8) of section 245(c) of the
Immigration and Nationality Act
8 U.S.C. 1255(c)
), the
Secretary of Homeland Security
may adjust the status of an
alien
to that of a lawful
permanent
resident under section 245(a) of such Act if the
alien—
“(1)
was paroled or admitted as a nonimmigrant into the
United States
; and
“(2)
is otherwise eligible for special
immigrant
status under this section and under the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.].
“(e)
Naturalization.—
“(1)
In general.—
A period of absence from the
United States
described in paragraph (2)—
“(A)
shall not be considered to break any period for which continuous
residence
or physical presence in the
United States
is required for
naturalization
under title III of the
Immigration and Nationality Act
8 U.S.C. 1401
et seq.); and
“(B)
shall be treated as a period of
residence
and physical presence in the
United States
for purposes of satisfying the requirements for
naturalization
under such title.
“(2)
Period of absence described.—
A period of absence described in this paragraph is a period of absence from the
United States
due to a
person
’s employment by the Chief of Mission or
United States
Armed Forces, under contract with the Chief of Mission or
United States
Armed Forces, or by a firm or corporation under contract with the Chief of Mission or
United States
Armed Forces, if—
“(A)
such employment involved supporting the Chief of Mission or
United States
Armed Forces as a translator, interpreter, or in a security-related position in an executive or
managerial capacity
; and
“(B)
the
person
spent at least a portion of the time outside the
United States
working directly with the Chief of Mission or
United States
Armed Forces as a translator, interpreter, or in a security-related position in an executive or
managerial capacity.
“(f)
Application of Immigration and Nationality Act Provisions.—
The definitions in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act
8 U.S.C. 1101
) shall apply in the administration of this section.”
Pub. L. 112–227, § 1(b)
Dec. 28, 2012
126 Stat. 1609
, provided that:
“The amendment made by subsection (a) [amending
section 1059(e) of Pub. L. 109–163
, set out above] shall take effect as if included in the enactment of section 1059(e) of the
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163
] (
8 U.S.C. 1101
note).”
Pub. L. 110–28
and
Pub. L. 110–36
made identical amendments to
section 1059 of Pub. L. 109–163
, set out above, except for the redesignation of subsec. (d) and addition of subsec. (e). Amendments by
Pub. L. 110–36
were executed in lieu of the amendments by
Pub. L. 110–28
, to reflect the probable intent of
Congress
.]
Battered Immigrant Women; Findings and Purposes
Pub. L. 106–386, div. B, title V, § 1502
Oct. 28, 2000
114 Stat. 1518
, provided that:
“(a)
Findings.—
Congress
finds that—
“(1)
the goal of the immigration protections for battered
immigrants
included in the
Violence Against Women Act of 1994
Pub. L. 103–322, title IV
, see Tables for classification] was to remove
immigration laws
as a barrier that kept battered
immigrant
women and children locked in abusive relationships;
“(2)
providing battered
immigrant
women and children who were experiencing domestic violence at home with protection against deportation allows them to obtain protection orders against their abusers and frees them to cooperate with law enforcement and prosecutors in criminal cases brought against their abusers and the abusers of their children without fearing that the abuser will retaliate by withdrawing or threatening withdrawal of access to an immigration benefit under the abuser’s control; and
“(3)
there are several groups of battered
immigrant
women and children who do not have access to the immigration protections of the
Violence Against Women Act of 1994
which means that their abusers are virtually immune from prosecution because their victims can be deported as a result of action by their abusers and the Immigration and
Naturalization
Service cannot offer them protection no matter how compelling their case under existing law.
“(b)
Purposes.—
The purposes of this title [see Short Title of 2000 Amendments note above] are—
“(1)
to remove barriers to criminal prosecutions of
persons
who commit acts of battery or extreme cruelty against
immigrant
women and children; and
“(2)
to offer protection against domestic violence occurring in family and intimate relationships that are covered in
State
and tribal protection orders, domestic violence, and family law statutes.”
Protection for Certain Crime Victims Including Victims of Crimes Against Women
Pub. L. 106–386, div. B, title V, § 1513(a)
Oct. 28, 2000
114 Stat. 1533
, provided that:
“(a)
Findings and Purpose.—
“(1)
Findings.—
Congress
makes the following findings:
“(A)
Immigrant
women and children are often targeted to be victims of crimes committed against them in the
United States,
including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained.
“(B)
All women and children who are victims of these crimes committed against them in the
United States
must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes.
“(2)
Purpose.—
“(A)
The purpose of this section [amending this section and sections
1182
1184
1255
, and
1367
of this title] is to create a new
nonimmigrant visa
classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of
aliens,
and other crimes described in section 101(a)(15)(U)(iii) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(U)(iii)
] committed against
aliens,
while offering protection to victims of such offenses in keeping with the humanitarian interests of the
United States.
This visa will encourage law enforcement officials to better serve
immigrant
crime victims and to prosecute crimes committed against
aliens.
“(B)
Creating a new
nonimmigrant visa
classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused
aliens
who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to
aliens
who have been severely victimized by criminal activity also comports with the humanitarian interests of the
United States.
“(C)
Finally, this section gives the
Attorney General
discretion to convert the status of such nonimmigrants to that of
permanent
residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest.”
Philippine Traders as Nonimmigrants
Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see
section 1184a of this title
Irish Peace Process Cultural and Training Program
Pub. L. 105–319
Oct. 30, 1998
112 Stat. 3013
, as amended by
Pub. L. 107–234, § 1
Oct. 4, 2002
116 Stat. 1481
Pub. L. 108–449, § 1(a)
Dec. 10, 2004
118 Stat. 3469
, known as the
Irish Peace Process Cultural and Training Program Act of 1998
, which related to the Irish Peace Process Cultural and Training Program, was repealed by
section 2(c)(1) of Pub. L. 105–319
, effective
Oct. 1, 2008
Coordination of Amendments by
Pub. L. 104–208
Pub. L. 104–208, div. C, § 1(b)
Sept. 30, 1996
110 Stat. 3009–546
, provided that:
“Except as otherwise specifically provided—
“(1)
whenever in this division [see Tables for classification] an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.]; and
“(2)
amendments to a section or other provision are to such section or other provision before any amendment made to such section or other provision elsewhere in this division.”
Applicability of Title V of Division C of
Pub. L. 104–208
to Foreign Assistance
Pub. L. 104–208, div. C, title V, § 592
Sept. 30, 1996
110 Stat. 3009–688
, provided that:
“This title [see Effective Date of 1996 Amendment note above] does not apply to any Federal,
State
, or local governmental program, assistance, or benefits provided to an
alien
under any program of foreign assistance as determined by the Secretary of
State
in consultation with the
Attorney General
.”
Notification to Public and Program Recipients of Changes Regarding Eligibility for Programs
Pub. L. 104–208, div. C, title V, § 593
Sept. 30, 1996
110 Stat. 3009–688
, provided that:
“(a)
In General.—
Each agency of the Federal Government or a
State
or political subdivision that administers a program affected by the provisions of this title [see Effective Date of 1996 Amendment note above], shall, directly or through the
States
, provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this title.
“(b)
Failure To Give Notice.—
Nothing in this section shall be construed to require or authorize continuation of eligibility if the notice under this section is not provided.”
Report on Aliens Granted Refugee Status or Asylum Due to Persecution for Resistance to Coercive Population Control Methods
Pub. L. 104–208, div. C, title VI, § 601(a)(2)
Sept. 30, 1996
110 Stat. 3009–689
, provided that:
“Not later than 90 days after the end of each fiscal year, the
Attorney General
shall submit a report to the Committee on the Judiciary of the
House of Representatives
and the Committee on the Judiciary of the
Senate
describing the number and countries of origin of
aliens
granted
refugee
status or asylum under determinations pursuant to the amendment made by paragraph (1) [amending this section]. Each such report shall also contain projections regarding the number and countries of origin of
aliens
that are likely to be granted
refugee
status or asylum for the subsequent 2 fiscal years.”
Sense of
Congress
Regarding American-Made Products; Requirements for Notice
Pub. L. 104–208, div. C, title VI, § 648
Sept. 30, 1996
110 Stat. 3009–711
, provided that:
“(a)
Purchase of American-Made Equipment and Products.—
It is the sense of the
Congress
that, to the greatest extent practicable, all equipment and products purchased with funds made available under this division [see Tables for classification] should be American-made.
“(b)
Notice to Recipients of Grants.—
In providing grants under this division, the
Attorney General
, to the greatest extent practicable, shall provide to each recipient of a grant a notice describing the statement made in subsection (a) by the
Congress
.”
Improving Border Controls
Pub. L. 103–322, title XIII, § 130006
Sept. 13, 1994
108 Stat. 2028
, provided that:
“(a)
Authorization of Appropriations.—
There are authorized to be appropriated for the Immigration and
Naturalization
Service
to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal
aliens
who attempt clandestine entry into the
United States
or entry into the
United States
with fraudulent documents or who remain in the country after their
nonimmigrant visas
expire—
“(1)
$228,000,000 for fiscal year 1995;
“(2)
$185,000,000 for fiscal year 1996;
“(3)
$204,000,000 for fiscal year 1997; and
“(4)
$58,000,000 for fiscal year 1998.
“Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of
October 1, 1994
“(b)
Report.—
By
September 30, 1996
and
September 30, 1998
, the
Attorney General
shall report to the
Congress
on the programs described in this section. The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act [see Tables for classification].”
Visas for Officials of Taiwan
Pub. L. 103–416, title II, § 221
Oct. 25, 1994
108 Stat. 4320
, as amended by
Pub. L. 104–208, div. C, title III, § 308(d)(3)(E)
, title VI, § 671(b)(12),
Sept. 30, 1996
110 Stat. 3009–617
, 3009–722, provided that:
“Whenever the President of Taiwan or any other high-level official of Taiwan shall apply to visit the
United States
for the purposes of discussions with
United States
Federal or
State
government officials concerning—
“(1)
trade or business with Taiwan that will reduce the
United States
-Taiwan trade deficit,
“(2)
prevention of nuclear proliferation,
“(3)
threats to the
national
security of the
United States
“(4)
the protection of the global environment,
“(5)
the protection of endangered species, or
“(6)
regional humanitarian disasters,
the official shall be admitted to the
United States
, unless the official is otherwise inadmissible under the
immigration laws
of the
United States.
Construction of Expedited Deportation Requirements
Pub. L. 103–416, title II, § 225
Oct. 25, 1994
108 Stat. 4324
, as amended by
Pub. L. 104–132, title IV, § 436(b)(2)
Apr. 24, 1996
110 Stat. 1275
Pub. L. 104–208, div. C, title III, § 308(c)(4)(B)
Sept. 30, 1996
110 Stat. 3009–616
, provided that:
“No amendment made by this Act [see Tables for classification] shall be construed 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
.”
[Amendment by
Pub. L. 104–132
effective as if included in enactment of
Pub. L. 103–416
, see
section 436(b)(3) of Pub. L. 104–132
set out as an Effective Date of 1996 Amendment note under
section 1252 of this title
.]
Report on Admission of Certain Nonimmigrants
Pub. L. 102–232, title II, § 202(b)
Dec. 12, 1991
105 Stat. 1737
, directed Comptroller General, by not later than
Oct. 1, 1994
, to submit to Committees on the Judiciary of
Senate
and of
House of Representatives
a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under
8 U.S.C. 1101(a)(15)(O)
, (P), and information on the laws, regulations, and practices in effect in other countries that affect
United States
citizens and
permanent
resident
aliens
in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and
aliens,
directed Chairman of the Committee on the Judiciary of
Senate
to make the report available to interested parties and to hold a hearing respecting the report and directed such Committee to report to
Senate
its findings and any legislation it deems appropriate.
Delay Until
April 1, 1992
, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models
Pub. L. 102–110, § 3
Oct. 1, 1991
105 Stat. 557
, provided that:
“Section 214(g)(1)(C) of the
Immigration and Nationality Act
8 U.S.C. 1184(g)(1)(C)
] shall not apply to the issuance of visas or provision of status before
April 1, 1992
Aliens
seeking nonimmigrant admission as artists, athletes, entertainers, or fashion models (or for the purpose of accompanying or assisting in an artistic or athletic performance) before
April 1, 1992
, shall not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of section 101(a)(15) of such Act [
8 U.S.C. 1101(a)(15)
], but may be admitted under the terms of subparagraph (H)(i)(b) of such section (as in effect on
September 30, 1991
).”
Commission on Immigration Reform
Pub. L. 101–649, title I, § 141
Nov. 29, 1990
104 Stat. 5001
, as amended by
Pub. L. 102–232, title III, § 302(c)(1)
Dec. 12, 1991
105 Stat. 1744
, provided that:
“(a)
Establishment and Composition of Commission.—
(1)
Effective
October 1, 1991
, there is established a Commission on Immigration Reform (in this section referred to as the ‘Commission’) which shall be composed of 9 members to be appointed as follows:
“(A)
One member who shall serve as Chairman, to be appointed by the President.
“(B)
Two members to be appointed by the Speaker of the
House of Representatives
who shall select such members from a list of nominees provided by the Chairman of the Committee on the Judiciary of the
House of Representatives
“(C)
Two members to be appointed by the Minority Leader of the
House of Representatives
who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration,
Refugees,
and International Law of the Committee on the Judiciary of the
House of Representatives
“(D)
Two members to be appointed by the Majority Leader of the
Senate
who shall select such members from a list of nominees provided by the Chairman of the Subcommittee on Immigration and
Refugee
Affairs of the Committee on the Judiciary of the
Senate
“(E)
Two members to be appointed by the Minority Leader of the
Senate
who shall select such members from a list of nominees provided by the ranking minority member of the Subcommittee on Immigration and
Refugee
Affairs of the Committee on the Judiciary of the
Senate
“(2)
Initial appointments to the Commission shall be made during the 45-day period beginning on
October 1, 1991
. A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
“(3)
Members shall be appointed to serve for the life of the Commission, except that the term of the member described in paragraph (1)(A) shall expire at noon on
January 20, 1993
, and the President shall appoint an individual to serve for the remaining life of the Commission.
“(b)
Functions of Commission.—
The Commission shall—
“(1)
review and evaluate the impact of this Act and the amendments made by this Act [see Tables for classification], in accordance with subsection (c); and
“(2)
transmit to the
Congress
“(A)
not later than
September 30, 1994
, a first report describing the progress made in carrying out paragraph (1), and
“(B)
not later than
September 30, 1997
, a final report setting forth the Commission’s findings and recommendations, including such recommendations for additional changes that should be made with respect to legal immigration into the
United States
as the Commission deems appropriate.
“(c)
Considerations.—
“(1)
Particular considerations.—
In particular, the Commission shall consider the following:
“(A)
The requirements of citizens of the
United States
and of
aliens
lawfully admitted for permanent residence
to be joined in the
United States
by immediate family members and the impact which the establishment of a
national
level of immigration has upon the availability and priority of family preference visas.
“(B)
The impact of immigration and the implementation of the employment-based and diversity programs on labor needs, employment, and other economic and domestic conditions in the
United States
“(C)
The social, demographic, and natural resources impact of immigration.
“(D)
The impact of immigration on the foreign policy and
national
security interests of the
United States
“(E)
The impact of per country immigration levels on family-sponsored immigration.
“(F)
The impact of the numerical limitation on the adjustment of status of
aliens
granted asylum.
“(G)
The impact of the numerical limitations on the admission of nonimmigrants under section 214(g) of the
Immigration and Nationality Act
8 U.S.C. 1184(g)
].
“(2)
Diversity program.—
The Commission shall analyze the information maintained under section 203(c)(3) of the
Immigration and Nationality Act
8 U.S.C. 1153(c)(3)
] and shall report to
Congress
in its report under subsection (b)(2) on—
“(A)
the characteristics of individuals admitted under section 203(c) of the
Immigration and Nationality Act
, and
“(B)
how such characteristics compare to the characteristics of family-sponsored
immigrants
and employment-based
immigrants
The Commission shall include in the report an assessment of the effect of the requirement of paragraph (2) of section 203(c) of the
Immigration and Nationality Act
on the diversity, educational, and skill level of
aliens
admitted.
“(d)
Compensation of Members.—
(1)
Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, pay at the daily equivalent of the minimum annual rate of basic pay in effect for grade GS–18 of the General Schedule. Each member of the Commission who is such an officer or employee shall serve without additional pay.
“(2)
While away from their homes or regular places of business in the performance of
services
for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.
“(e)
Meetings, Staff, and Authority of Commission.—
The provisions of subsections (e) through (g) of section 304 of the
Immigration Reform and Control Act of 1986
Pub. L. 99–603
, set out as a note under
section 1160 of this title
] shall apply to the Commission in the same manner as they apply to the Commission established under such section, except that paragraph (2) of subsection (e) thereof shall not apply.
“(f)
Authorization of Appropriations.—
(1)
There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section.
“(2)
Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts.
“(g)
Termination Date.—
The Commission shall terminate on the date on which a final report is required to be transmitted under subsection (b)(2)(B), except that the Commission may continue to function until
January 1, 1998
, for the purpose of concluding its activities, including providing testimony to standing committees of
Congress
concerning its final report under this section and disseminating that report.
“(h)
Congressional Response.—
(1)
No later than 90 days after the date of receipt of each report transmitted under subsection (b)(2), the Committees on the Judiciary of the
House of Representatives
and of the
Senate
shall initiate hearings to consider the findings and recommendations of the report.
“(2)
No later than 180 days after the date of receipt of such a report, each such Committee shall report to its respective House its oversight findings and any legislation it deems appropriate.
“(i)
Presidential Report.—
The President shall conduct a review and evaluation and provide for the transmittal of reports to the
Congress
in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).”
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government
Organization
and Employees, see section 529 [title I, § 101(c)(1)] of
Pub. L. 101–509
, set out in a note under
section 5376 of Title 5
.]
Special Immigrant Status for Certain Aliens Employed at United States Mission in Hong Kong (D Special Immigrants)
Pub. L. 101–649, title I, § 152
Nov. 29, 1990
104 Stat. 5005
, as amended by
Pub. L. 102–232, title III, § 302(d)(1)
Dec. 12, 1991
105 Stat. 1744
, provided that:
“(a)
In General.—
Subject to subsection (c), an
alien
described in subsection (b) shall be treated as a special
immigrant
described in section 101(a)(27)(D) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)(D)
].
“(b)
Aliens Covered.—
An
alien
is described in this subsection if—
“(1)
the
alien
is—
“(A)
an employee at the
United States
consulate in Hong Kong under the authority of the Chief of Mission (including employment pursuant to
section 5913 of title 5
United States
Code) and has performed faithful
service
as such an employee for a total of three years or more, or
“(B)
a member of the immediate family (as defined in 6 Foreign Affairs Manual 117k as of the date of the enactment of this Act [
Nov. 29, 1990
]) of an employee described in subparagraph (A) who has been living with the employee in the same household;
“(2)
the welfare of the employee or such an immediate family member is subject to a clear threat due directly to the employee’s employment with the
United States
Government or under a
United States
Government official; and
“(3)
the principal officer in Hong Kong, in the officer’s discretion, has recommended the granting of special
immigrant
status to such
alien
in exceptional circumstances and the Secretary of
State
approves such recommendation and finds that it is in the
national
interest to grant such status.
“(c)
Expiration.—
Subsection (a) shall only apply to
aliens
who file an application for special
immigrant
status under this section by not later than
January 1, 2002
“(d)
Limited Waiver of Numerical Limitations.—
The first 500 visas made available to
aliens
as special
immigrants
under this section shall not be counted against any numerical limitation established under section 201 or 202 of the
Immigration and Nationality Act
8 U.S.C. 1151
or 1152].”
Inapplicability of Amendment by
Pub. L. 101–649
Amendment by
section 203(c) of Pub. L. 101–649
not to affect performance of longshore work in
United States
by citizens or
nationals
of
United States,
see
section 203(a)(2) of Pub. L. 101–649
, set out as a note under
section 1288 of this title
Application of Treaty Trader for Certain Foreign States
Pub. L. 117–263, div. E, title LIX, § 5902(a)
Dec. 23, 2022
136 Stat. 3440
, provided that:
“For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(E)
), Portugal shall be considered to be a
foreign state
described in such section if the Government of Portugal provides similar nonimmigrant status to
nationals
of the
United States.
Pub. L. 115–226, § 2
Aug. 1, 2018
132 Stat. 1625
, provided that:
“For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(E)
), New Zealand shall be considered to be a
foreign state
described in such section if the Government of New Zealand provides similar nonimmigrant status to
nationals
of the
United States.
Pub. L. 112–130, § 1
June 8, 2012
126 Stat. 376
, provided that:
“Israel shall be deemed to be a
foreign state
described in section 101(a)(15)(E) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(E)
) for purposes of clauses (i) and (ii) of such section if the Government of Israel provides similar nonimmigrant status to
nationals
of the
United States.
Pub. L. 101–649, title II, § 204(b)
Nov. 29, 1990
104 Stat. 5019
, provided that:
“Each of the following
foreign states
shall be considered, for purposes of section 101(a)(15)(E) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(E)
], to be a
foreign state
described in such section if the
foreign state
extends reciprocal nonimmigrant treatment to
nationals
of the
United States:
“(1)
The largest
foreign state
in each region (as defined in section 203(c)(1) of the
Immigration and Nationality Act
8 U.S.C. 1153(c)(1)
]) which (A) has 1 or more dependent areas (as determined for purposes of section 202 of such Act [
8 U.S.C. 1152
]) and (B) does not have a treaty of commerce and navigation with the
United States.
“(2)
The
foreign state
which (A) was identified as an adversely affected
foreign state
for purposes of section 314 of the
Immigration Reform and Control Act of 1986
Pub. L. 99–603
, set out as a note under
section 1153 of this title
] and (B) does not have a treaty of commerce and navigation with the
United States,
but (C) had such a treaty with the
United States
before 1925.”
Clarification of Treatment of Certain International Accounting and Management Consulting Firms
Pub. L. 101–649, title II, § 206(a)
Nov. 29, 1990
104 Stat. 5022
, as amended by
Pub. L. 102–232, title III, § 303(a)(9)
Dec. 12, 1991
105 Stat. 1748
Pub. L. 106–95, § 6
Nov. 12, 1999
113 Stat. 1319
, provided that:
“In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(L)
, 1153(b)(1)(C)], and for no other purpose, in the case of a partnership that is organized in the
United States
to provide accounting or management consulting
services
and that markets its accounting or management consulting
services
under an internationally recognized name under an agreement with a worldwide coordinating
organization
that is collectively owned and controlled by the member accounting and management consulting firms or by the elected members (partners, shareholders, members, employees) thereof, an entity that is organized outside the
United States
to provide accounting or management consulting
services
shall be considered to be an affiliate of the
United States
accounting or management consulting partnership if it markets its accounting or management consulting
services
under the same internationally recognized name directly or indirectly under an agreement with the same worldwide coordinating
organization
of which the
United States
partnership is also a member. Those partnerships organized within the
United States
and entities organized outside the
United States
which are considered affiliates under this subsection shall continue to be considered affiliates to the extent such firms enter into a plan of association with a successor worldwide coordinating
organization,
which need not be collectively owned and controlled.”
Admission of Nonimmigrants for Cooperative Research, Development, and Coproduction Projects
Pub. L. 101–649, title II, § 222
Nov. 29, 1990
104 Stat. 5028
, as amended by
Pub. L. 102–232, title III, § 303(b)(3)
Dec. 12, 1991
105 Stat. 1748
, provided that:
“(a)
In General.—
Subject to subsection (b), the
Attorney General
shall provide for nonimmigrant status in the case of an
alien
who—
“(1)
has a
residence
in a foreign country which the
alien
has no intention of abandoning, and
“(2)
is coming to the
United States
, upon a basis of reciprocity, to perform
services
of an exceptional nature requiring such merit and ability relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the
Secretary of Defense
, but not to exceed a period of more than 10 years,
or who is the spouse or minor
child
of such an
alien
if accompanying or following to join the
alien.
“(b)
Numerical Limitation.—
The number of
aliens
who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section at any time may not exceed 100.”
Establishment of Special Education Exchange Visitor Program
Pub. L. 101–649, title II, § 223
Nov. 29, 1990
104 Stat. 5028
, as amended by
Pub. L. 102–232, title III, § 303(b)(4)
Dec. 12, 1991
105 Stat. 1748
, provided that:
“(a)
In General.—
Subject to subsection (b), the
Attorney General
shall provide for nonimmigrant status in the case of an
alien
who—
“(1)
has a
residence
in a foreign country which the
alien
has no intention of abandoning, and
“(2)
is coming temporarily to the
United States
(for a period not to exceed 18 months) as a participant in a special education training program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities,
or who is the spouse or minor
child
of such an
alien
if accompanying or following to join the
alien.
“(b)
Numerical Limitation.—
The number of
aliens
who may be admitted as (or otherwise be provided the status of) a nonimmigrant under this section in any fiscal year may not exceed 50.”
Extension of H–1 Immigration Status for Certain Nonimmigrants Employed in Cooperative Research and Development Projects and Coproduction Projects
Pub. L. 101–189, div. A, title IX, § 937
Nov. 29, 1989
103 Stat. 1538
, provided that:
“The
Attorney General
shall provide for the extension through
December 31, 1991
, of nonimmigrant status under section 101(a)(15)(H)(i) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(H)(i)
) for an
alien
to perform temporarily
services
relating to a cooperative research and development project or a coproduction project provided under a government-to-government agreement administered by the
Secretary of Defense
in the case of an
alien
who has had such status for a period of at least five years if such status has not expired as of the date of the enactment of this Act [
Nov. 29, 1989
] but would otherwise expire during 1989, 1990, or 1991, due only to the time limitations with respect to such status.”
Extension of H–1 Status for Certain Registered Nurses Through
December 31, 1989
Pub. L. 100–658, § 4
Nov. 15, 1988
102 Stat. 3909
, provided that:
“The
Attorney General
shall provide for the extension through
December 31, 1989
, of nonimmigrant status under section 101(a)(15)(H)(i) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(H)(i)
] for an
alien
to perform temporarily
services
as a registered nurse in the case of an
alien
who has had such status for a period of at least 5 years if—
“(1)
such status has not expired as of the date of the enactment of this Act [
Nov. 15, 1988
] but would otherwise expire during 1988 or 1989, due only to the time limitation with respect to such status; or
“(2)
(A)
the
alien
’s status as such a nonimmigrant expired during the period beginning on
January 1, 1987
, and ending on the date of the enactment of this Act, due only to the time limitation with respect to such status,
“(B)
the
alien
is present in the
United States
as of the date of the enactment of this Act,
“(C)
the
alien
has been employed as a registered nurse in the
United States
since the date of expiration of such status, and
“(D)
in the case of an
alien
whose status expired during 1987, the
alien
’s employer has filed with the Immigration and
Naturalization
Service,
before the date of the enactment of this Act, an appeal of a petition filed in connection with the
alien’
s application for extension of such status.”
Residence Within United States Continued During Period of Absence
Pub. L. 100–525, § 2
(o)(2),
Oct. 24, 1988
102 Stat. 2613
, provided that:
“Only for purposes of section 101(a)(27)(I) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)(I)
], an
alien
who is or was an officer or employee of an international
organization
(or is the
unmarried
son or daughter or surviving spouse of such an officer or employee or former officer or employee) is considered to be residing and physically present in the
United States
during a period in which the
alien
is residing in the
United States
but is absent from the
United States
because of the officer’s or employee’s need to conduct official business on behalf of the
organization
or because of customary leave, but only if during the period of the absence the officer or employee continues to have a duty station in the
United States
and, in the case of such an
unmarried
son or daughter, the son or daughter is not enrolled in a school outside the
United States.
Nonimmigrant Traders and Investors Under United States-Canada Free-Trade Agreement
For provisions allowing Canadian citizens to be classifiable as nonimmigrants under subsec. (a)(15)(E) of this section upon a basis of reciprocity secured by the
United States
-Canada Free-Trade Agreement, see
section 307(a) of Pub. L. 100–449
, set out in a note under
section 2112 of Title 19
, Customs Duties.
Amerasian Immigration
Pub. L. 100–461, title II
Oct. 1, 1988
102 Stat. 2268–15
, as amended by
Pub. L. 101–167, title II
Nov. 21, 1989
103 Stat. 1211
Pub. L. 101–302, title II
May 25, 1990
104 Stat. 228
Pub. L. 101–513, title II
Nov. 5, 1990
104 Stat. 1996
, provided:
“That the provisions of subsection (c) of section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in
section 101(e) of Public Law 100–202
[set out below], shall apply to an individual who (1) departs from Vietnam after the date of the enactment of this Act [
Oct. 1, 1988
], and (2) is described in subsection (b) of such section, but who is issued an
immigrant
visa under section 201(b) or 203(a) of the
Immigration and Nationality Act
8 U.S.C. 1151(b)
, 1153(a)] (rather than under subsection (a) of such section), or would be described in subsection (b) of such section if such section also applied to principal
aliens
who were citizens of the
United States
(rather than merely to
aliens)
”.
Pub. L. 100–202, § 101(e) [title V, § 584]
Dec. 22, 1987
101 Stat. 1329–183
, as amended by
Pub. L. 101–167, title II
Nov. 21, 1989
103 Stat. 1211
Pub. L. 101–513, title II
Nov. 5, 1990
104 Stat. 1996
Pub. L. 101–649, title VI, § 603(a)(20)
Nov. 29, 1990
104 Stat. 5084
Pub. L. 102–232, title III, § 307
(l)(8),
Dec. 12, 1991
105 Stat. 1757
, provided that:
“(a)
(1)
Notwithstanding any numerical limitations specified in the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.], the
Attorney General
may admit
aliens
described in subsection (b) to the
United States
as
immigrants
if—
“(A)
they are admissible (except as otherwise provided in paragraph (2)) as
immigrants
, and
“(B)
they are issued an
immigrant
visa and depart from Vietnam on or after
March 22, 1988
“(2)
The provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of the
Immigration and Nationality Act
8 U.S.C. 1182(a)(4)
, (5), and (7)(A)] shall not be applicable to any
alien
seeking admission to the
United States
under this section, and the
Attorney General
on the recommendation of a
consular officer
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 public interest. Any such waiver by the
Attorney General
shall be in writing and shall be granted only on an individual basis following an investigation by a
consular officer.
“(3)
Notwithstanding section 221(c) of the
Immigration and Nationality Act
8 U.S.C. 1201(c)
],
immigrant
visas issued to
aliens
under this section shall be valid for a period of one year.
“(b)
(1)
An
alien
described in this section is an
alien
who, as of the date of the enactment of this Act [
Dec. 22, 1987
], is residing in Vietnam and who establishes to the satisfaction of a
consular officer
or an officer of the Immigration and
Naturalization
Service after a face-to-face interview, that the
alien—
“(A)
(i)
was born in Vietnam after
January 1, 1962
, and before
January 1, 1976
, and (ii) was fathered by a citizen of the
United States
(such an
alien
in this section referred to as a ‘principal
alien’
);
“(B)
is the spouse or
child
of a principal
alien
and is accompanying, or following to join, the principal
alien;
or
“(C)
subject to paragraph (2), either (i) is the principal
alien
’s natural
mother
(or is the spouse or
child
of such
mother
), or (ii) has acted in effect as the principal
alien’
mother
, father, or next-of-kin (or is the spouse or
child
of such an
alien)
, and is accompanying, or following to join, the principal
alien.
“(2)
An
immigrant
visa may not be issued to an
alien
under paragraph (1)(C) unless the officer referred to in paragraph (1) has determined, in the officer’s discretion, that (A) such an
alien
has a bona fide relationship with the principal
alien
similar to that which exists between close family members and (B) the admission of such an
alien
is necessary for humanitarian purposes or to assure family unity. If an
alien
described in paragraph (1)(C)(ii) is admitted to the
United States,
the natural
mother
of the principal
alien
involved shall not, thereafter, be accorded any right, privilege, or status under the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.] by virtue of such parentage.
“(3)
For purposes of this section, the term ‘
child
’ has the meaning given such term in section 101(b)(1)(A), (B), (C), (D), and (E) of the
Immigration and Nationality Act
8 U.S.C. 1101(b)(1)(A)
–(E)].
“(c)
Any
alien
admitted (or awaiting admission) to the
United States
under this section shall be eligible for benefits under chapter 2 of title IV of the
Immigration and Nationality Act
8 U.S.C. 1521
et seq.] to the same extent as individuals admitted (or awaiting admission) to the
United States
under section 207 of such Act [
8 U.S.C. 1157
] are eligible for benefits under such chapter.
“(d)
The
Attorney General
, in cooperation with the Secretary of
State,
shall report to
Congress
1 year, 2 years, and 3 years, after the date of the enactment of this Act [
Dec. 22, 1987
] on the implementation of this section. Each such report shall include the number of
aliens
who are issued
immigrant
visas and who are admitted to the
United States
under this section and number of waivers granted under subsection (a)(2) and the reasons for granting such waivers.
“(e)
Except as otherwise specifically provided in this section, the definitions contained in the
Immigration and Nationality Act
8 U.S.C. 1101
et seq.] shall apply in the administration of this section and nothing contained in this section shall be held to repeal, amend, alter, modify, effect, or restrict the powers, duties, functions, or authority of the
Attorney General
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 granted 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.”
Pub. L. 102–232, title III, § 307
(l)(8),
Dec. 12, 1991
105 Stat. 1757
, provided that the amendment made by section 307(l)(8) to section 101(e) [title V, § 584(a)(2)] of
Pub. L. 100–202
, set out above, is effective as if included in section 603(a) of the
Immigration Act of 1990
Pub. L. 101–649
.]
Pub. L. 101–513, title II
Nov. 5, 1990
104 Stat. 1996
, provided that the amendment made by
Pub. L. 101–513
to
Pub. L. 100–202, § 101(e) [title V, § 584(b)(2)]
, set out above, is effective
Dec. 22, 1987
.]
Authorization of Appropriations for Enforcement and Service Activities of Immigration and Naturalization Service
Pub. L. 99–603, title I, § 111
Nov. 6, 1986
100 Stat. 3381
, provided that:
“(a)
Two Essential Elements.—
It is the sense of
Congress
that two essential elements of the program of immigration control established by this Act [see Short Title of 1986 Amendments note above] are—
“(1)
an increase in the border patrol and other inspection and enforcement activities of the Immigration and
Naturalization
Service
and of other appropriate Federal agencies in order to prevent and deter the illegal entry of
aliens
into the
United States
and the violation of the terms of their entry, and
“(2)
an increase in examinations and other
service
activities of the Immigration and
Naturalization
Service
and other appropriate Federal agencies in order to ensure prompt and efficient adjudication of petitions and applications provided for under the
Immigration and Nationality Act
[this chapter].
“(b)
Increased Authorization of Appropriations for INS and EOIR.—
In addition to any other amounts authorized to be appropriated, in order to carry out this Act there are authorized to be appropriated to the
Department of Justice
“(1)
for the Immigration and
Naturalization
Service,
for fiscal year 1987, $422,000,000, and for fiscal year 1988, $419,000,000; and
“(2)
for the Executive Office of Immigration Review, for fiscal year 1987, $12,000,000, and for fiscal year 1988, $15,000,000.
Of the amounts authorized to be appropriated under paragraph (1) sufficient funds shall be available to provide for an increase in the border patrol personnel of the Immigration and
Naturalization
Service
so that the average level of such personnel in each of fiscal years 1987 and 1988 is at least 50 percent higher than such level for fiscal year 1986.
“(c)
Use of Funds for Improved Services.—
Of the funds appropriated to the
Department of Justice
for the Immigration and
Naturalization
Service, the
Attorney General
shall provide for improved immigration and
naturalization
services and for enhanced community outreach and in
-service
training of personnel of the
Service.
Such enhanced community outreach may include the establishment of appropriate local community taskforces to improve the working relationship between the
Service
and local community groups and
organizations
(including employers and
organizations
representing minorities).
“(d)
Supplemental Authorization of Appropriations for Wage and Hour Enforcement.—
There are authorized to be appropriated, in addition to such sums as may be available for such purposes, such sums as may be necessary to the
Department of Labor
for enforcement activities of the Wage and Hour Division and the Office of Federal Contract Compliance Programs within the Employment Standards Administration of the Department in order to deter the employment of unauthorized
aliens
and remove the economic incentive for employers to exploit and use such
aliens.
Eligibility of H–2 Agricultural Workers for Certain Legal Assistance
Pub. L. 99–603, title III, § 305
Nov. 6, 1986
100 Stat. 3434
, provided that:
“A nonimmigrant worker admitted to or permitted to remain in the
United States
under section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(H)(ii)(a)
) for agricultural labor or
service
shall be considered to be an
alien
described in section 101(a)(20) of such Act (
8 U.S.C. 1101(a)(20)
) for purposes of establishing eligibility for legal assistance under the
Legal Services Corporation Act
42 U.S.C. 2996
et seq.), but only with respect to legal assistance on matters relating to wages, housing, transportation, and other employment rights as provided in the worker’s specific contract under which the nonimmigrant was admitted.”
Denial of Crew Member Nonimmigrant Visa in Case of Strikes
Pub. L. 99–603, title III, § 315(d)
Nov. 6, 1986
100 Stat. 3440
, provided that:
“(1)
Except as provided in paragraph (2), during the one-year period beginning on the date of the enactment of this Act [
Nov. 6, 1986
], an
alien
may not be admitted to the
United States
as an alien
crewman
(under section 101(a)(15)(D) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(D)
) for the purpose of performing
service
on board a vessel or aircraft at a time when there is a strike in the bargaining unit of the employer in which the
alien
intends to perform such
service.
“(2)
Paragraph (1) shall not apply to an
alien
employee who was employed before the date of the strike concerned and who is seeking admission to enter the
United States
to continue to perform
services
as a
crewman
to the same extent and on the same routes as the
alien
performed such
services
before the date of the strike.”
Sense of
Congress
Respecting Consultation With Mexico
Pub. L. 99–603, title IV, § 407
Nov. 6, 1986
100 Stat. 3443
, provided that:
“It is the sense of the
Congress
that the President of the
United States
should consult with the President of the Republic of Mexico within 90 days after enactment of this Act [
Nov. 6, 1986
] regarding the implementation of this Act [see Short Title of 1986 Amendments note above] and its possible effect on the
United States
or Mexico. After the consultation, it is the sense of the
Congress
that the President should report to the
Congress
any legislative or administrative changes that may be necessary as a result of the consultation and the enactment of this legislation.”
Commission for the Study of International Migration and Cooperative Economic Development
Pub. L. 99–603, title VI, § 601
Nov. 6, 1986
100 Stat. 3444
, as amended by
Pub. L. 100–525, § 2(r)
Oct. 24, 1988
102 Stat. 2614
, provided for establishment, membership, etc., of a Commission for the Study of International Migration and Cooperative Economic Development to examine, in consultation with governments of Mexico and other sending countries in Western Hemisphere, the conditions which contribute to unauthorized migration to
United States
and mutually beneficial reciprocal trade and investment programs to alleviate conditions leading to such unauthorized migration and to report to President and
Congress
, not later than 3 years after appointment of members of Commission, on results of Commission’s examination with recommendations on providing mutually beneficial reciprocal trade and investment programs to alleviate such unauthorized migration.
Treatment of Departures From Guam
Pub. L. 99–505, § 2
Oct. 21, 1986
100 Stat. 1806
, provided that:
“In the administration of section 101(a)(15)(D)(ii) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(15)(D)(ii)
] (added by the amendment made by section 1 of this Act), an alien
crewman
shall be considered to have departed from Guam after leaving the territorial waters of Guam, without regard to whether the
alien
arrives in a
foreign state
before returning to Guam.”
Alien Employees of American University of Beirut
Priv. L. 98–53,
Oct. 30, 1984
98 Stat. 3437
, provided: “That an
alien
lawfully admitted to the
United States
for
permanent
residence shall be considered, for purposes of section 101(a)(27)(A) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)(27)(A)
), to be temporarily visiting abroad during any period (before or after the date of the enactment of this Act [
Oct. 30, 1984
]) in which the
alien
is employed by the American University of Beirut.”
Study and Evaluation of Exchange Programs for Graduate Medical Education of Alien Graduates of Foreign Medical Schools; Report to
Congress
Not Later Than
January 15, 1983
Pub. L. 97–116, § 5(e)
Dec. 29, 1981
95 Stat. 1614
, directed Secretary of Health and Human
Services,
after consultation with
Attorney General,
Secretary of
State,
and Director of the International Communication Agency, to evaluate effectiveness and value to foreign nations and
United States
of exchange programs for graduate medical education or training of
aliens
who were graduates of foreign medical schools, and to report to
Congress
, not later than
Jan. 15, 1983
, on such evaluation, and include such recommendations for changes in legislation and regulations as appropriate.
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status
Upon application during the one-year period beginning
Sept. 30, 1982
, by an
alien
who was inspected and admitted to the Virgin Islands of the
United States
either as a nonimmigrant
alien
worker under subsec. (a)(15)(H)(ii) of this section or as a spouse or minor
child
of such worker, and has resided continuously in the Virgin Islands since
June 30, 1975
, the
Attorney General
may adjust the status of such nonimmigrant
alien
to that of an alien
lawfully admitted for permanent residence,
provided certain conditions are met, and such
alien
is not to be deported for failure to maintain nonimmigrant status until final action is taken on the
alien’
s application for adjustment, see section 2(a), (b) of
Pub. L. 97–271
, set out as a note under
section 1255 of this title
Limitation on Admission of Aliens Seeking Employment in the Virgin Islands
Notwithstanding any other provision of law, the
Attorney General
not to be authorized, on or after
Sept. 30, 1982
, to approve any petition filed under
section 1184(c) of this title
in the case of importing any
alien
as a nonimmigrant under subsec. (a)(15)(H)(ii) of this section for employment in the Virgin Islands of the
United States
other than as an entertainer or as an athlete and for a period not exceeding 45 days, see
section 3 of Pub. L. 97–271
, set out as a note under
section 1255 of this title
Limitation on Admission of Special Immigrants
Pub. L. 96–70, title III, § 3201(c)
Sept. 27, 1979
93 Stat. 497
, provided that notwithstanding any other provision of law, not more than 15,000 individuals could be admitted to the
United States
as special
immigrants
under subparagraphs (E), (F), and (G) of subsec. (a)(27) of this section, of which not more than 5,000 could be admitted in any fiscal year, prior to repeal by
Pub. L. 103–416, title II, § 212(a)
Oct. 25, 1994
108 Stat. 4314
Definitions
Pub. L. 104–208, div. C, § 1(c)
Sept. 30, 1996
110 Stat. 3009–546
, provided that:
“Except as otherwise specifically provided in this division [see Tables for classification], for purposes of titles I [enacting
section 1225a of this title
and
section 758 of Title 18
, Crimes and Criminal Procedure, amending this section and sections 1103, 1182, 1251, 1325, 1356, and 1357 of this title, and enacting provisions set out as notes under this section, sections 1103, 1182, 1221, 1325, and 1356 of this title, and
section 758 of Title 18
] and VI [enacting sections 1363b and 1372 to 1375 of this title and
section 116 of Title 18
, amending this section, sections 1105a, 1151, 1152, 1154, 1157, 1158, 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251, 1252a, 1255 to 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356, and 1522 of this title,
section 112 of Title 32
National
Guard, and
section 191 of Title 50
, War and
National
Defense, enacting provisions set out as notes under this section, sections 1153, 1158, 1161, 1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this title,
section 301 of Title 5
, Government
Organization
and Employees,
section 116 of Title 18
, and
section 405 of Title 42
, The Public Health and Welfare, and amending provisions set out as notes under sections 1159, 1182, 1252, 1255a, 1323, 1401, and 1430 of this title] of this division, the terms
‘alien’
‘Attorney General’
‘border crossing identification card’
, ‘entry’,
‘immigrant’
‘immigrant
visa’,
‘lawfully admitted for permanent residence’
‘national’
‘naturalization’
‘refugee’
‘State’
, and
‘United States’
shall have the meaning given such terms in section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
].”
Pub. L. 104–208, div. C, title V, § 594
Sept. 30, 1996
110 Stat. 3009–688
, provided that:
“Except as otherwise provided in this title [see Effective Date of 1996 Amendment note above], for purposes of this title—
“(1)
the terms ‘
alien
’, ‘
Attorney General
’,
‘national’
‘naturalization’
‘State’
, and
‘United States’
shall have the meaning given such terms in section 101(a) of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
]; and
“(2)
the term ‘
child
’ shall have the meaning given such term in section 101(c) of the
Immigration and Nationality Act
.”
Pub. L. 85–316, § 14
Sept. 11, 1957
71 Stat. 643
, provided that:
“Except as otherwise specifically provided in this Act, the definitions contained in subsections (a) and (b) of section 101 of the
Immigration and Nationality Act
8 U.S.C. 1101(a)
, (b)] shall apply to sections 4, 5, 6, 7, 8, 9, 12, 13, and 15 of this Act [enacting sections 1182b, 1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and provisions set out as notes under
section 1153 of this title
and section 1971a of the former
Appendix to Title 50
, War and
National
Defense.]”
Executive Documents
Admission of Hawaii as State
Admission of Hawaii into the Union was accomplished
Aug. 21, 1959
, on issuance of Proc. No. 3309,
Aug. 25, 1959
, 25 F.R.
6868
73
Stat. c74, as required by sections 1 and 7(c) of
Pub. L. 86–3
Mar. 18, 1959
73 Stat. 4
, set out as notes preceding former
section 491 of Title 48
, Territories and Insular Possessions.
Ex. Ord. No. 12711. Policy Implementation With Respect to Nationals of People’s Republic of China
Ex. Ord. No.
12711
Apr. 11, 1990
, 55 F.R.
13897
, provided:
By the authority vested in me as President by the Constitution and laws of the
United States
of America, the
Attorney General
and the Secretary of
State
are hereby ordered to exercise their authority, including that under the
Immigration and Nationality Act
8 U.S.C. 1101–155
7), as follows:
Section
1. The
Attorney General
is directed to take any steps necessary to defer until
January 1, 1994
, the enforced departure of all
nationals
of the People’s Republic of China (PRC) and their dependents who were in the
United States
on or after
June 5, 1989
, up to and including the date of this order (hereinafter “such PRC
nationals”
).
Sec
. 2. The Secretary of
State
and the
Attorney General
are directed to take all steps necessary with respect to such PRC
nationals
(a) to waive through
January 1, 1994
, the requirement of a valid
passport
and (b) to process and provide necessary documents, both within the
United States
and at U.S. consulates overseas, to facilitate travel across the borders of other nations and reentry into the
United States
in the same status such PRC
nationals
had upon departure.
Sec
. 3. The Secretary of
State
and the
Attorney General
are directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country
residence
requirement that may be exercised until
January 1, 1994
, for such PRC
nationals;
(b) maintenance of lawful status for purposes of adjustment of status or change of nonimmigrant status for such PRC
nationals
who were in lawful status at any time on or after
June 5, 1989
, up to and including the date of this order;
(c) authorization for employment of such PRC
nationals
through
January 1, 1994
; and
(d) notice of expiration of nonimmigrant status (if applicable) rather than the institution of deportation proceedings, and explanation of options available for such PRC
nationals
eligible for deferral of enforced departure whose nonimmigrant status has expired.
Sec
. 4. The Secretary of
State
and the
Attorney General
are directed to provide for enhanced consideration under the
immigration laws
for individuals from any country who express a fear of persecution upon return to their country related to that country’s policy of forced abortion or coerced sterilization, as implemented by the
Attorney General’
s regulation effective
January 29, 1990
Sec
. 5. The
Attorney General
is directed to ensure that the Immigration and
Naturalization
Service finalizes and makes public its position on the issue of training for individuals in F–1 visa status and on the issue of reinstatement into lawful nonimmigrant status of such PRC
nationals
who have withdrawn their applications for asylum.
Sec
. 6. The Departments of Justice and
State
are directed to consider other steps to assist such PRC
nationals
in their efforts to utilize the protections that I have extended pursuant to this order.
Sec
. 7. This order shall be effective immediately.
George Bush.
Deterring Illegal Immigration
Memorandum of President of the
United States
Feb. 7, 1995
, 60 F.R.
7885
, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to protect the integrity of its borders and its laws. This Administration shall stand firm against illegal immigration and the continued abuse of our
immigration laws
. By closing the back door to illegal immigration, we will continue to open the front door to legal
immigrants
My Administration has moved swiftly to reverse the course of a decade of failed immigration policies. Our initiatives have included increasing overall Border personnel by over 50 percent since 1993. We also are strengthening worksite enforcement and work authorization verification to deter employment of illegal
aliens
. Asylum rules have been reformed to end abuse by those falsely claiming asylum, while offering protection to those in genuine fear of persecution. We are cracking down on smugglers of illegal
aliens
and reforming criminal
alien
deportation for quicker removal. And we are the first Administration to obtain funding to reimburse
States
for a share of the costs of incarcerating criminal illegal
aliens.
While we already are doing more to stem the flow of illegal immigration than has any previous Administration, more remains to be done. In conjunction with the Administration’s unprecedented budget proposal to support immigration initiatives, this directive provides a blueprint of policies and priorities for this Administration’s continuing work to curtail illegal immigration. With its focus on strong border deterrence backed up by effective worksite enforcement, removal of criminal and other deportable
aliens
and assistance to
states
, this program protects the security of our borders, our jobs and our communities for all Americans—citizens and legal
immigrants
alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the
Attorney General
to move expeditiously toward full implementation of our comprehensive border control strategy, including efforts at the southwest border. To support sustained long-term strengthening of our deterrence capacity, the Administration shall seek funding to add new Border Patrol agents to reach the goal of at least 7,000 agents protecting our borders by the year 2000.
Flexible Border Response Capacity
To further this strategy, the
Department of Justice
shall implement the capacity to respond to emerging situations anywhere along our
national
borders to deter buildups of illegal border crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes, helicopters, light planes, all-terrain vehicles, fingerprinting and automated recordkeeping, we have freed many Border Patrol agents from long hours of bureaucratic tasks and increased the effectiveness of these highly-trained personnel. Because these tools are essential for the Immigration and
Naturalization
Service
(INS) to do its job, I direct the
Attorney General
to accelerate to the greatest extent possible their utilization and enhancement to support implementation of our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The
Department of Justice
shall assess the effectiveness of efforts underway to deter repeat illegal crossers, such as fingerprinting and dedicating prosecution resources to enforce the new prosecution authority provided by the
Violent Crime Control and Law Enforcement Act of 1994
Pub. L. 103–322
, see Tables for classification].
The
Department of Justice
shall determine whether accelerated expansion of these techniques to additional border sectors is warranted.
B. Deterring
Alien
Smuggling
This Administration has had success deterring large ship-based smuggling directly to
United States
shores. In response, smugglers are testing new routes and tactics. Our goal: similar success in choking off these attempts by adjusting our anti-smuggling initiatives to anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along transport routes and in foreign locations by smuggling
organizations
, we will augment diplomatic and enforcement resources at overseas locations to work with host governments, and increase related intelligence gathering efforts.
The Departments of
State
and Justice, in cooperation with other relevant agencies, will report to the
National Security Council
within 30 days on the structure of interagency coordination to achieve these objectives.
Congressional action will be important to provide U.S. law enforcement agencies with needed authority to deal with international smuggling operations. I will propose that the
Congress
pass legislation providing wiretap authority for investigation of
alien
smuggling cases and providing authorization to seize the assets of groups engaged in trafficking in human cargo.
In addition, I will propose legislation to give the
Attorney General
authority to implement procedures for expedited exclusion to deal with large flows of undocumented migrants, smuggling operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country’s illegal
immigrants
come into the country legally and then stay after they are required by law to depart, often using fraudulent documentation. No Administration has ever made a serious effort to identify and deport these individuals. This Administration is committed to curtailing this form of illegal immigration.
Therefore, relevant departments and agencies are directed to review their policies and practices to identify necessary reforms to curtail visa overstayers and to enhance investigations and prosecution of those who fraudulently produce or misuse
passports
, visas, and other travel related documents. Recommendations for administrative initiatives and legislative reform shall be presented to the White House Interagency Working Group on Immigration by
June 30, 1995
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT, AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs in the
United States
remains. Therefore, a second major component of the Administration’s deterrence strategy is to toughen worksite enforcement and employer sanctions. Employers who hire illegal
immigrants
not only obtain unfair competitive advantage over law-abiding employers, their unlawful use of illegal
immigrants
suppresses wages and working conditions for our country’s legal workers. Our strategy, which targets enforcement efforts at employers and industries that historically have relied upon employment of illegal
immigrants
, will not only strengthen deterrence of illegal immigration, but better protect American workers and businesses that do not hire illegal
immigrants
Central to this effort is an effective, nondiscriminatory means of verifying the employment authorization of all new employees. The Administration fully supports the recommendation of the Commission on Legal Immigration Reform to create pilot projects to test various techniques for improving workplace verification, including a computer database test to validate a new worker’s social security number for work authorization purposes. The Immigration and
Naturalization
Service
(INS) and
Social Security Administration
are directed to establish, implement, monitor, and review the pilots and provide me with an interim report on the progress of this program by
March 1, 1996
In addition, the INS is directed to finalize the Administration’s reduction of the number of authorized documents to support work verification for noncitizens. Concurrently, the Administration will seek further reduction legislatively in the number of documents that are acceptable for proving identity and work authorization. The Administration will improve the security of existing documents to be used for work authorization and seek increased penalties for immigration fraud, including fraudulent production and use of documents.
The
Department of Labor
shall intensify its investigations in industries with patterns of labor law violations that promote illegal immigration.
I also direct the
Department of Labor
, INS, and other relevant Federal agencies to expand their collaboration in cracking down on those who subvert fair competition by hiring illegal
aliens.
This may include increased Federal authority to confiscate assets that are the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall further examine the link between immigration and employment, including illegal immigration, and recommend to me other appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS
The Administration’s deterrence strategy includes strengthening the country’s detention and deportation capability. No longer will criminals and other high risk deportable
aliens
be released back into communities because of a shortage of detention space and ineffective deportation procedures.
A. Comprehensive Deportation Process Reform
The
Department of Justice
, in consultation with other relevant agencies, shall develop a streamlined, fair, and effective procedure to expedite removal of deportable
aliens.
As necessary, additional legislative authority will be sought in this area. In addition, the
Department of Justice
shall increase its capacity to staff deportation and exclusion hearings to support these objectives.
B.
National
Detention and Removal Plan
To address the shortage of local detention space for illegal
aliens
, the Administration shall devise a
National
Detention, Transportation, and Removal Policy that will permit use of detention space across the
United States
and improve the ability to remove individuals with orders of deportation. The
Department of Justice
, in consultation with other agencies as appropriate and working under the auspices of the White House Interagency Working Group on Immigration, shall finalize this plan by
April 30, 1995
The Administration will seek support and funding from the
Congress
for this plan and for our efforts to double the removal of illegal
aliens
with final orders of deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting deportation of incarcerated criminal
aliens
after they serve their sentences.
To further expedite removal of criminal
aliens
from this country and reduce costs to Federal and
State
governments, the
Department of Justice
is directed to develop an expanded program of verification of the immigration status of criminal
aliens
within our country’s prisons. In developing this program, the viability of expanding the work of the Law Enforcement Support Center should be assessed and all necessary steps taken to increase coordination and cooperative efforts with
State,
and local law enforcement officers in identification of criminal
aliens.
TARGETED DETERRENCE AREAS
Many of the Administration’s illegal immigration enforcement initiatives are mutually reinforcing. For example, strong interior enforcement supports border control. While there have been efforts over the years at piecemeal cooperation, this Administration will examine, develop, and test a more comprehensive coordinated package of deterrence strategies in selected metropolitan areas by multiple Federal,
State
, and local agencies.
The White House Interagency Working Group on Immigration shall coordinate the development of this interagency and intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal
aliens
. The government has a duty to assure that taxpayer-supported public assistance programs are not abused. As with work authorization, enforcement of eligibility requirements relies upon a credible system of verification. The INS, working with the White House Interagency Working Group on Immigration as appropriate, shall review means of improving the existing benefits verification program. In addition, we will seek new mechanisms—including increased penalties for false information used to qualify for benefits—to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not violate the privacy and civil rights of legal
immigrants
and U.S. citizens. Therefore, I direct the
Attorney General,
the Secretary of Health and Human
Services,
the Chair of the
Equal Employment Opportunity Commission
, and other relevant Administration officials to vigorously protect our citizens and legal
immigrants
from immigration-related instances of discrimination and harassment. All illegal immigration enforcement measures shall be taken with due regard for the basic human rights of individuals and in accordance with our obligations under applicable international agreements.
ASSISTANCE TO STATES
States today face significant costs for
services
provided to illegal
immigrants
as a result of failed policies of the past. Deterring illegal immigration is the best long-term solution to protect
States
from growing costs for illegal immigration. This is the first Administration to address this primary responsibility squarely. We are targeting most of our Federal dollars to those initiatives that address the root causes that lead to increased burdens on
States.
The Federal Government provides
States
with billions of dollars to provide for health care, education, and other
services
and benefits for
immigrants
. This Administration is proposing increases for immigration and immigration-related spending of 25 percent in 1996 compared to 1993 levels. In addition, this Administration is the first to obtain funding from the
Congress
to reimburse
States
for a share of the costs of incarcerated illegal
aliens.
This Administration will continue to work with
States
to obtain more Federal help for certain
State
costs and will oppose inappropriate cost-shifting to the
States
INTERNATIONAL COOPERATION
This Administration will continue to emphasize international cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD), the
Department of State
is now coordinating a study on
United States
policy toward international
refugee
and migration affairs. I hereby direct that, as part of that PRD process, this report to the
National Security Council
include the relationship of economic development and migration in the Western Hemisphere and, in particular, provide recommendations for further foreign economic policy measures to address causes of illegal immigration.
The
Department of State
shall coordinate an interagency effort to consider expanded arrangements with foreign governments for return of criminal and deportable
aliens.
The
Department of State
also shall seek to negotiate readmission agreements for
persons
who could have sought asylum in the last country from which they arrived. Such agreements will take due regard of U.S. obligations under the Protocol Relating to the Status of
Refugees.
The
Department of State
further shall implement cooperative efforts with other nations receiving smuggled
aliens
or those used as transhipment points by smugglers. In particular, we will look to countries in our hemisphere to join us by denying their territory as bases for smuggling operations.
The
Department of State
shall initiate negotiations with foreign countries to secure authority for the
United States Coast Guard
to board source country vessels suspected of transporting smuggled
aliens.
This directive shall be published in the Federal Register.
William J. Clinton.
Ex. Ord. No. 14287. Protecting American Communities From Criminal Aliens
Ex. Ord. No.
14287
Apr. 28, 2025
, 90 F.R.
18761
, provided:
By the authority vested in me as President by the Constitution and the laws of the
United States
of America, it is hereby ordered:
Section
1. Purpose and Policy. Federal supremacy with respect to immigration,
national
security, and foreign policy is axiomatic. The Constitution provides the Federal Government with plenary authority regarding immigration to protect the sovereignty of our Nation and to conduct relations with other nations, who must be able to deal with one
national
Government on such matters. This power is sometimes contained in specific constitutional provisions: Article
II
of the Constitution vests the power to protect
national
security and conduct foreign policy in the President of the
United States,
and Article IV, Section 4, requires the Federal Government to “protect each of [the
States]
against Invasion.” This Federal power over immigration is also an inherent element of
national
sovereignty.
The prior administration allowed unchecked millions of
aliens
to illegally enter the
United States
. The resulting public safety and
national
security risks are exacerbated by the presence of, and control of territory by, international cartels and other transnational criminal
organizations
along the southern border, as well as terrorists and other malign actors who intend to harm the
United States
and the American people. This invasion at the southern border requires the Federal Government to take measures to fulfill its obligation to the
States.
Yet some
State
and local officials nevertheless continue to use their authority to violate, obstruct, and defy the enforcement of Federal
immigration laws
. This is a lawless insurrection against the supremacy of Federal law and the Federal Government’s obligation to defend the territorial sovereignty of the
United States.
Beyond the intolerable
national
security risks, such nullification efforts often violate Federal criminal laws, including those prohibiting obstruction of justice (
18 U.S.C. 1501
et seq.), unlawfully harboring or hiring illegal
aliens
8 U.S.C. 1324
[section 274 of act June 27, 1952, ch. 477]), conspiracy against the
United States
18 U.S.C. 371
), and conspiracy to impede Federal law enforcement (
18 U.S.C. 372
). Assisting
aliens
in violating Federal immigration law could also violate the Racketeer Influenced and Corrupt
Organizations
Act (
18 U.S.C. 1961
et seq.). Some measures to assist illegal
aliens
also necessarily violate Federal laws prohibiting discrimination against Americans in favor of illegal
aliens
and protecting Americans’ civil rights.
It is imperative that the Federal Government restore the enforcement of
United States
law.
Sec.
2. Designation of “Sanctuary” Jurisdictions. (a) Within 30 days of the date of this order [
Apr. 28, 2025
], the
Attorney General,
in coordination with the
Secretary of Homeland Security
, shall publish a list of
States
and local jurisdictions that obstruct the enforcement of Federal
immigration laws
(sanctuary jurisdictions). After this initial publication, the
Attorney General
and the
Secretary of Homeland Security
shall update this list as necessary.
(b) Immediately following each publication under subsection (a) of this section, the
Attorney General
and the
Secretary of Homeland Security
shall notify each sanctuary jurisdiction regarding its defiance of Federal immigration law enforcement and any potential violations of Federal criminal law.
Sec.
3. Consequences for Sanctuary Jurisdiction Status. (a) With respect to sanctuary jurisdictions that are designated under section 2(a) of this order, the head of each executive department or agency (agency), in coordination with the Director of the
Office of Management and Budget
and as permitted by law, shall identify appropriate Federal funds to sanctuary jurisdictions, including grants and contracts, for suspension or termination, as appropriate.
(b) With respect to jurisdictions that remain sanctuary jurisdictions after
State
or local officials are provided notice of such status under section 2(b) of this order and yet remain in defiance of Federal law, the
Attorney General
and the
Secretary of Homeland Security
shall pursue all necessary legal remedies and enforcement measures to end these violations and bring such jurisdictions into compliance with the laws of the
United States.
Sec.
4. Preventing Federal Benefits for
Aliens
in Sanctuary Jurisdictions. The
Secretary of Homeland Security
, in coordination with the
Attorney General,
shall develop guidance, rules, or other appropriate mechanisms to ensure appropriate eligibility verification is conducted for individuals receiving Federal public benefits within the meaning of
8 U.S.C. 1611(c)
section 401(c) of Pub. L. 104–193
] from private entities in a sanctuary jurisdiction, whether such verification is conducted by the private entity or by a governmental entity on its behalf.
Sec.
5. Equal Treatment of Americans. The
Attorney General,
in consultation with the
Secretary of Homeland Security
and appropriate agency heads, shall identify and take appropriate action to stop the enforcement of
State
and local laws, regulations, policies, and practices favoring
aliens
over any groups of American citizens that are unlawful, preempted by Federal law, or otherwise unenforceable, including
State
laws that provide in
-State
higher education tuition to
aliens
but not to out-of
-State
American citizens that may violate
8 U.S.C. 1623
section 505 of Pub. L. 104–208
] or that favor
aliens
in criminal charges or sentencing.
Sec.
6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States
, its departments, agencies, or entities, its officers, employees, or agents, or any other
person
(d) The
Department of Justice
shall provide funding for this order’s publication in the Federal Register.
Donald J. Trump.
CFR Title
Parts
103
106
204
205
207
208
209
211
212
214
215
216
221
231
233
235
245
245a
247
248
258
270
274a
286
299
324
343a
343
1001
1003
1103
1204
1205
1207
1208
1209
1211
1212
1214
1216
1235
1245
1270
1274a
19
20
655
22
22
41
42
62
28
65
1100
29
501
502
503
504
507
34
676
692
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