§ 1101. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1101]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1101. Definitions
(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 of this chapter, 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) 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);
(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 and solely in pursuit
of his calling as a crewman and to depart from Guam with the vessel
on which he arrived;
(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 he is a
national, and the spouse and children of any such alien if
accompanying or following to join him; (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 he is a national; or (ii) solely to develop and
direct the operations of an enterprise in which he has invested, or
of an enterprise in which he is actively in the process of
investing, a substantial amount of capital;
(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
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 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;
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(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, Sec. 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
(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 and
agriculture as defined in section 203(f) of title 29, 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 fiancee or fiance 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;
(ii) has concluded a valid marriage with a citizen of the
United States 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) a 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)(i) 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 Attorney General 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; or (ii)(I) an alien 35 years of age or younger having a
residence 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 36 months) to the United
States as a participant in a cultural and training program approved
by the Secretary of State and the Attorney General 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;
(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(n) of this title, an alien who
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,
(III)(aa) has complied with any reasonable request for
assistance in the investigation or prosecution of acts of
trafficking, or
(bb) has not attained 15 years of age, and
(IV) the alien would suffer extreme hardship involving
unusual and severe harm upon removal; and
(ii) 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, 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);
(U)(i) subject to section 1184(o) \2\ of this title, an alien
who files a petition for status under this subparagraph, if the
Attorney General determines that--
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(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 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
(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; 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; or attempt, conspiracy, or solicitation to commit any of
the above mentioned crimes; or
(V) subject to section 1184(o) \2\ 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 App. U.S.C. 454(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, Sec. 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 October 1, 2003, 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 October 1, 2003, 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 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;
(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) of this section 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 and who has been deemed eligible by that
court for long-term foster care due to abuse, neglect, or
abandonment;
(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 Attorney General expressly consents
to the dependency order serving as a precondition 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 actual or
constructive custody of the Attorney General unless the
Attorney General 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 \3\
---------------------------------------------------------------------------
\3\ So in original. Probably should be followed by ``; or''.
(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
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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, and the Virgin Islands of the United States.
(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, and the
Virgin Islands of the United States.
(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 \4\ least one year;
---------------------------------------------------------------------------
\4\ So in original. Probably should be preceded by ``is''.
---------------------------------------------------------------------------
(G) a theft offense (including receipt of stolen property) or
burglary offense for which the term of imprisonment at \4\ 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 section 1581, 1582, 1583, 1584, 1585,
or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);
(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 421 of title 50 (relating to protecting the
identity of undercover intelligence agents); or
(iii) section 421 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 \5\
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\5\ So in original. Probably should be followed by a semicolon.
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(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) of this section, 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.
(b) As used in subchapters I and II of this chapter--
(1) The term ``child'' means an unmarried person under twenty-one
years of age who is--
(A) 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) a 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) a 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) a 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: 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; or
(F)(i) a 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 at least
twenty-five years of age, who personally saw and observed the child
prior to 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.
(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) 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 of this chapter--
(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's 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 \6\ 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) of this section), and the child
is in the legal custody of the legitimating or adopting parent or
parents at the time of such legitimation or adoption.
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\6\ See References in Text note below.
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(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, Sec. 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, Sec. 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
(9)(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;
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\7\ So in original. The phrase ``of such section'' probably should
not appear.
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(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) of this section).
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) of this section--
(1) 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 Attorney General 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, Sec. 101, 66 Stat. 166; Pub. L. 85-
316, Secs. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508, Sec. 22,
July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar. 18, 1959, 73
Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21, 1961, 75 Stat.
534; Pub. L. 87-301, Secs. 1, 2, 7, Sept. 26, 1961, 75 Stat. 650, 653;
Pub. L. 89-236, Secs. 8, 24, Oct. 3, 1965, 79 Stat. 916, 922; Pub. L.
89-710, Nov. 2, 1966, 80 Stat. 1104; Pub. L. 91-225, Sec. 1, Apr. 7,
1970, 84 Stat. 116; Pub. L. 94-155, Dec. 16, 1975, 89 Stat. 824; Pub. L.
94-484, title VI, Sec. 601(b), (e), Oct. 12, 1976, 90 Stat. 2301, 2302;
Pub. L. 94-571, Sec. 7(a), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 94-484,
title VI, Sec. 602(c), Oct. 12, 1976, as added Pub. L. 95-83, title III,
Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I,
Sec. 109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III,
Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title II,
Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Secs. 2,
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv. L. 98-
47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505, Sec. 1, Oct.
21, 1986, 100 Stat. 1806; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99-603, title III, Secs. 301(a), 312, 315(a), Nov.
6, 1986, 100 Stat. 3411, 3434, 3439; Pub. L. 99-653, Secs. 2, 3, Nov.
14, 1986, 100 Stat. 3655; Pub. L. 100-459, title II, Sec. 210(a), Oct.
1, 1988, 102 Stat. 2203; Pub. L. 100-525, Secs. 2(o)(1), 8(b), 9(a),
Oct. 24, 1988, 102 Stat. 2613, 2617, 2619; Pub. L. 100-690, title VII,
Sec. 7342, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101-162, title VI,
Sec. 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a),
Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246, title I, Sec. 131(b),
Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-649, title I, Secs. 123,
151(a), 153(a), 162(f)(2)(A), title II, Secs. 203(c), 204(a), (c),
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV,
Sec. 407(a)(2), title V, Secs. 501(a), 509(a), title VI, Sec. 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, Sec. 2(a), Oct. 1,
1991, 105 Stat. 555; Pub. L. 102-232, title II, Secs. 203(a), 205(a)-
(c), 206(b), (c)(1), (d), 207(b), title III, Secs. 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, Sec. 162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub.
L. 103-322, title XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024;
Pub. L. 103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108 Stat.
3113; Pub. L. 103-416, title II, Secs. 201, 202, 214, 219(a), 222(a),
Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub. L. 104-51,
Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132, title IV,
Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L. 104-208, div.
C, title I, Sec. 104(a), title III, Secs. 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, Secs. 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, Sec. 1(a), Oct. 6, 1997, 111 Stat.
1175; Pub. L. 105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460;
Pub. L. 105-277, div. C, title IV, Sec. 421, div. G, title XXII,
Sec. 2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L. 105-
319, Sec. 2(b)(1), (d)(2), Oct. 30, 1998, 112 Stat. 3014, 3015; Pub. L.
106-95, Sec. 2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L.
106-139, Sec. 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106-
279, title III, Sec. 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub.
L. 106-386, div. A, Sec. 107(e)(1), (4), div. B, title V, Secs. 1503(a),
Sec. 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518, 1534; Pub. L.
106-395, title II, Sec. 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub.
L. 106-409, Sec. 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L. 106-536,
Sec. 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L. 106-553, Sec. 1(a)(2)
[title XI, Secs. 1102(a), 1103(a)], Dec. 21, 2000, 114 Stat. 2762,
2762A-142, 2762A-144; Pub. L. 107-125, Sec. 2(b), Jan. 16, 2002, 115
Stat. 2403; Pub. L. 107-274, Sec. 2(a), (b), Nov. 2, 2002, 116 Stat.
1923.)
Amendment of Subsection (b)
Pub. L. 106-279, title III, Secs. 302(a), (c), 505(a)(2), (b),
Oct. 6, 2000, 114 Stat. 838, 839, 844, provided that, effective upon
entry into force for the United States of the Convention on
Protection of Children and Co-operation in Respect of Intercountry
Adoption, pursuant to Article 46(2)(a) of the Convention, with
transition rule, subsection (b) is amended as follows:
In paragraph (1), by striking ``or'' at the end of subparagraph
(E), by striking the period at the end of subparagraph (F) and
inserting ``; or'', and by adding after subparagraph (F) the
following new subparagraph:
(G) a child, under the age of sixteen 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 at least 25 years of age--
(i) if--
(I) the Attorney General 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 Attorney General 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 Attorney
General 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.
In paragraph (2), by inserting ``and paragraph (1)(G)(i)'' after
``second proviso therein)''.
Amendment of Subsection (a)(15)(Q)
Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015,
provided that, effective Oct. 1, 2005, subsection (a)(15)(Q) is
amended by striking ``or'' at the end of clause (i), by striking
``(i)'' after ``(Q)'', and by striking clause (ii).
References in Text
This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4), and
(e)-(g), was in the original, ``this Act'', meaning act June 27, 1952,
ch. 477, 66 Stat. 163, as amended, 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), 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, Sec. 625(a)(1), Sept. 30, 1996, 110
Stat. 3009-699, and redesignated subsec.(m) of section 1184 by Pub. L.
106-386, div. A, Sec. 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, as amended, which is classified principally to
subchapter XVIII (Sec. 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.
Section 2(a) of the Irish Peace Process Cultural and Training
Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is
section 2(a) of Pub. L. 105-319, which is set out in a note below.
Section 1184(o) of this title, referred to in subsec. (a)(15)(U),
probably means the subsec. (o) of section 1184 which relates to
requirements applicable to subsec. (a)(15)(U) of this section and was
added by Pub. L. 106-386, div. B. title V, Sec. 1513(c), Oct. 28, 2000,
114 Stat. 1535.
Section 1184(o) of this title, referred to in subsec. (a)(15)(V),
probably means the subsec. (o) of section 1184 which relates to
employment of nonimmigrants described in subsec. (a)(15)(V) of this
section and was added by Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 1102(b)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142.
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 Title 50, Appendix, 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, Sec. 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, as amended. 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, as amended. 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 1432 of this title, referred to in subsec. (c)(1), was
repealed by Pub. L. 106-395, title I, Sec. 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
2002--Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107-274, Sec. 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, Sec. 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, Sec. 1(a)(2) [title XI,
Sec. 1103(a)], amended subpar. (K) generally. Prior to amendment,
subpar. (K) read as follows: ``an alien who is the fiancee or fiance 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 fiancee or fiance
accompanying him or following to join him;''.
Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added subpar.
(T).
Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar.
(U).
Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI,
Sec. 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, Sec. 1503(a), added par. (50).
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, Sec. 107(e)(4), added subsec. (i).
1999--Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 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, Sec. 2(a), added subcl.
(c).
Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 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, Sec. 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) of this section),'' for
``sixteen years,''.
1998--Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted ``or
employee'' after ``other officer'' and ``or, when used in subchapter III
of this chapter, for the purpose of adjudicating nationality'' before
period at end.
Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 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, Sec. 2(b)(1), designated
existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 308(f)(1)(A), substituted
``admission'' for ``entry''.
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B), substituted
``section 1184(k)'' for ``section 1184(j)'' in introductory provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
``expulsion, or removal'' for ``or expulsion''.
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
``admission'' for ``entry''.
Subsec. (a)(42). Pub. L. 104-208, Sec. 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, Sec. 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, Sec. 321(a)(1), inserted ``,
rape, or sexual abuse of a minor'' after ``murder''.
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
``$10,000'' for ``$100,000''.
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck out
``imposed (regardless of any suspension of imprisonment)'' after ``term
of imprisonment''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 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, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
``sentence of one year imprisonment'' for ``sentence of 5 years'
imprisonment''.
Pub. L. 104-132, Sec. 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, Sec. 440(e)(2)(A), struck
out ``or'' at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck out
comma after ``1588''.
Pub. L. 104-208, Sec. 321(a)(5), inserted ``if committed'' before
``for commercial advantage''.
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl. (ii)
redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added cl.
(iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
``$10,000'' for ``$200,000'' in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 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,
Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 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, Sec. 321(a)(3), substituted ``at least one year''
for ``is at least 5 years''.
Pub. L. 104-132, Sec. 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, Sec. 440(e)(7), added subpar.
(O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 440(e)(4), (6). See
above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted ``5 years or more;''
for ``15 years or more; and''.
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 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, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 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, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added subpar.
(T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par. (48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 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, Sec. 671(e)(2), substituted ``and
1432'' for ``, 1432, and 1433''.
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
``inadmissible'' for ``excludable''.
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted ``deported
or removed'' for ``deported'' in two places.
1995--Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A), substituted
``child born in wedlock'' for ``legitimate child''.
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted ``a
child born out of wedlock'' for ``an illegitimate child''.
Subsec. (b)(2). Pub. L. 104-51, Sec. 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, Sec. 214,
substituted ``1997,'' for ``1994,''.
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 309(b)(1),
inserted a comma after ``States)''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A), struck
out ``, and had approved by,'' after ``has filed with''.
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted ``subject to section
1182(j)(2) of this title,'' after ``or (b)''.
Pub. L. 102-232, Sec. 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, Sec. 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, Sec. 205(c),
substituted ``significant production (including pre- and post-production
work)'' for ``significant principal photography''.
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 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, Sec. 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, Sec. 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, Sec. 303(a)(14), substituted
``approved'' for ``designated''.
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined ``naturalization court''.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232,
Sec. 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, Sec. 306(a)(1), struck out comma
before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990--Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 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, Sec. 204(a), inserted ``,
including trade in services or trade in technology'' after ``substantial
trade''.
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 205(e)(4), inserted
``having a residence in a foreign country which he has no intention of
abandoning'' after ``(iii)''.
Pub. L. 101-649, Sec. 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, Sec. 206(c), substituted
``within 3 years preceding'' for ``immediately preceding''.
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar. (R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 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, Sec. 153(a), added subpar. (J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
``(except as used in section 1421(a) of this title)'' after
``includes''.
Subsec. (a)(43). Pub. L. 101-649, Sec. 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, Sec. 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, Sec. 501(a)(4), struck out ``committed within the
United States'' after ``to commit any such act,''.
Pub. L. 101-649, Sec. 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, Sec. 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, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
``paragraphs (2)(D), (6)(E), and (9)(A)'' for ``paragraphs (11), (12),
and (31)''.
Pub. L. 101-649, Sec. 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, Sec. 509(a), substituted ``an
aggravated felony (as defined in subsection (a)(43) of this section)''
for ``the crime of murder''.
Subsec. (h). Pub. L. 101-649, Sec. 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, Sec. 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,
Sec. 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, Sec. 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, Sec. 8(b), repealed Pub. L. 99-653,
Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 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, Sec. 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)(H)(ii). Pub. L. 99-514 substituted ``Internal
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for
purposes of codification was translated as ``title 26'' thus requiring
no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar. (N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar. (I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 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, Sec. 2, struck out ``thereafter''
after ``the child has''.
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining ``child'', was repealed by Pub. L. 100-525, Sec. 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, Secs. 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, Sec. 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, Sec. 2(a)(2), added subpar. (M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar. (H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 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, Sec. 18(a)(5)(A), struck out
``or'' at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted a
semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 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, Sec. 2(b), substituted
``sixteen'' for ``fourteen''.
Subsec. (f). Pub. L. 97-116, Sec. 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, Sec. 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, Sec. 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, Sec. 601(b)(3), inserted
``, other than to receive graduate medical education or training''.
Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 8(a), substituted
``special immigrant'' for ``nonquota immigrant'' as term being defined.
Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
``profession'' and its definition for term ``quota immigrant'' and its
definition.
Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 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, Sec. 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, Sec. 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted ``or from June
25, 1950, to July 1, 1955,''.
Subsec. (d)(2). Pub. L. 87-301, Sec. 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).
Effective Date of 2000 Amendments
Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 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, Sec. 1(a)(2) [title XI, Sec. 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, Sec. 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, Sec. 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 upon entry into force for the
United States of the Convention on Protection of Children and Co-
operation in Respect of Intercountry Adoption, pursuant to Article
46(2)(a) of the Convention, with transition rule, 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 during the 4-year period beginning on
the date that interim or final regulations are first promulgated, see
section 2(e) of Pub. L. 106-95, set out as a note under section 1182 of
this title.
Effective Date of 1998 Amendment
Pub. L. 105-319, Sec. 2(d)(2), Oct. 30, 1998, 112 Stat. 3015,
provided that the amendment made by section 2(d)(2) is effective Oct. 1,
2005.
Effective Date of 1997 Amendments
Pub. L. 105-139, Sec. 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.''
Section 1(b) of Pub. L. 105-54 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 Amendments
Pub. L. 104-208, div. C, title I, Sec. 104(b), Sept. 30, 1996, 110
Stat. 3009-556, as amended by Pub. L. 105-277, div. A, Sec. 101(b)
[title IV, Sec. 410(c)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-104;
Pub. L. 107-173, title VI, Sec. 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.''
Section 309 of title III of div. C of Pub. L. 104-208, as amended by
Pub. L. 104-302, Sec. 2(2), (3), Oct. 11, 1996, 110 Stat. 3657; Pub. L.
105-100, title II, Secs. 203(a)-(c), 204(d), Nov. 19, 1997, 111 Stat.
2196-2199, 2201; Pub. L. 105-139, Sec. 1(c), Dec. 2, 1997, 111 Stat.
2644; Pub. L. 106-386, div. B, title V, Secs. 1506(b)(3), 1510(b), Oct.
28, 2000, 114 Stat. 1527, 1531; Pub. L. 106-554, Sec. 1(a)(4) [div. B,
title XV, Sec. 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 (Secs. 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, Sec. 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, Sec. 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).'']
[Section 203(f) of Pub. L. 105-100 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.'']
[Section 2 of Pub. L. 104-302 provided that the amendment made by
that section to section 309 of Pub. L. 104-208, set out above, is
effective Sept. 30, 1996.]
Section 321(c) of div. C of Pub. L. 104-208 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.''
Section 322(c) of div. C of Pub. L. 104-208 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.''
Section 361(b) of div. C of Pub. L. 104-208 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].''
Section 371(d)(1) of div. C of Pub. L. 104-208 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].''
Section 591 of title V of div. C of Pub. L. 104-208 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].''
Section 625(c) of div. C of Pub. L. 104-208 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.''
Section 671(a)(7) of div. C of Pub. L. 104-208 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].''
Section 671(b)(14) of div. C of Pub. L. 104-208 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].''
Section 440(f) of Pub. L. 104-132 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
Section 219(dd) of Pub. L. 103-416 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].''
Section 222(b) of Pub. L. 103-416 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 Amendments
Section 208 of title II of Pub. L. 102-232 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.''
Section 302(e)(8) of Pub. L. 102-232 provided that the amendments
made by that section [amending this section and sections 1186a and 1201
of this title] are effective as if included in section 162(e) of the
Immigration Act of 1990, Pub. L. 102-649.
Section 305(m) of Pub. L. 102-232 provided that the amendments made
by that section [amending this section and sections 1423, 1433, 1441,
1443, 1445, and 1452 of this title] are effective as if included in
section 407(d) of the Immigration Act of 1990, Pub. L. 101-649.
Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416, title
II, Sec. 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].''
Section 2(d) of Pub. L. 102-110 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
Section 161 of title I of Pub. L. 101-649, as amended by Pub. L.
102-110, Sec. 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232, title
III, Sec. 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745; Pub. L. 103-
416, title II, Secs. 218, 219(aa), Oct. 25, 1994, 108 Stat. 4316, 4319;
Pub. L. 104-208, div. C, title VI, Sec. 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].''
[Section 219(aa) of Pub. L. 103-416 provided that the amendment made
by that section 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.]
[Section 4 of Pub. L. 102-110 provided that the amendment made by
that section, 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.]
Section 162(f)(3) of Pub. L. 101-649 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].''
Section 203(d) of Pub. L. 101-649 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].''
Section 231 of title II of Pub. L. 101-649 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.
Section 501(b) of Pub. L. 101-649 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].''
Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 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.''
Section 601(e) of Pub. L. 101-649 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 Amendments
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.
Section 611(b) of Pub. L. 101-162 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 Amendments
Section 2(s) of Pub. L. 100-525 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].''
Section 309(b)(15) of Pub. L. 102-232 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).''
Section 210(b) of Pub. L. 100-459 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 Amendments
Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 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
Section 21 of Pub. L. 97-116 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
Section 204(a)-(c) of title II of Pub. L. 96-212 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
Section 3201(d)(1) of Pub. L. 96-70 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
Section 602(d) of Pub. L. 94-484, as added by Pub. L. 95-83, title
III, Sec. 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 Amendments
Section 10 of Pub. L. 94-571 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
Section 407 of act June 27, 1952, 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 2002 Amendments
Pub. L. 107-274, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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 Amendments
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 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, Sec. 1(a)(2) [title XI, Sec. 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, Sec. 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, Sec. 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, Sec. 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,
Telegraphs, Telephones, and Radiotelegraphs, 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, Sec. 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, Sec. 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 1397l 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, Sec. 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, Sec. 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, Sec. 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, Sec. 101(h) [title IX, Sec. 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, Sec. 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 Amendments
Section 112(a) of Pub. L. 105-119 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, Sec. 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
Section 1(a) of div. C of Pub. L. 104-208 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
Section 1 of Pub. L. 103-416 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 Amendments
Section 1(a) of Pub. L. 102-232 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'.''
Section 101 of title I of Pub. L. 102-232 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'.''
Section 201 of title II of Pub. L. 102-232 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'.''
Section 301(a) of title III of Pub. L. 102-232 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'.''
Section 1 of Pub. L. 102-110 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 Amendments
Section 1(a) of Pub. L. 101-649 provided that: ``This Act [see
Tables for classification] may be cited as the `Immigration Act of
1990'.''
Pub. L. 101-249, Sec. 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
Section 1 of Pub. L. 101-238 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 Amendments
Pub. L. 100-658, Sec. 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'.''
Section 1(a) of Pub. L. 100-525 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 Amendments
Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525,
Sec. 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, Sec. 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, Sec. 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'.''
Section 1(a) of Pub. L. 99-603 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, Sec. 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
Section 1(a) of Pub. L. 97-116 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
Section 1 of Pub. L. 96-212 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
Section 1 of Pub. L. 94-571 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
Section 1 of act June 27, 1952, 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 Title 50
App., 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
Section 8(b) of Pub. L. 100-525 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
Section 403(b) of act June 27, 1952, 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
Section 303(a)(8) of Pub. L. 102-232 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, Sec. 610, Oct. 28, 1991, 105 Stat. 832,
as amended by Pub. L. 103-416, title II, Sec. 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
Section 405 of act June 27, 1952, 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 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 403h 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, Sec. 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.''
Section 1(e) of div. C of Pub. L. 104-208 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.''
Section 406 of act June 27, 1952, 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.''
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.
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.
Appropriations
Section 404 of act June 27, 1952, as amended by acts Dec. 29, 1981,
Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub. L. 99-603,
title I, Sec. 113, 100 Stat. 3383; Nov. 29, 1990, Pub. L. 101-649, title
VII, Sec. 705(a), 104 Stat. 5087; Dec. 12, 1991, Pub. L. 102-232, title
III, Sec. 308(d), 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.''
[Section 705(b) of Pub. L. 101-649 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.]
Battered Immigrant Women; Findings and Purposes
Pub. L. 106-386, div. B, title V, Sec. 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, Sec. 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, Sec. 1, Oct. 4, 2002, 116 Stat. 1481, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Irish Peace Process Cultural and
Training Program Act of 1998'.
``SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.
``(a) Purpose.--
``(1) In general.--The Secretary of State and the Attorney
General shall establish a program to allow young people from
disadvantaged areas of designated counties suffering from sectarian
violence and high structural unemployment to enter the United States
for the purpose of developing job skills and conflict resolution
abilities in a diverse, cooperative, peaceful, and prosperous
environment, so that those young people can return to their homes
better able to contribute toward economic regeneration and the Irish
peace process. The program shall promote cross-community and cross-
border initiatives to build grassroots support for long-term
peaceful coexistence. The Secretary of State and the Attorney
General shall cooperate with nongovernmental organizations to assist
those admitted to participate fully in the economic, social, and
cultural life of the United States.
``(2) Scope and duration of program.--
``(A) In general.--The program under paragraph (1) shall
provide for the admission of not more than 4,000 aliens under
section 101(a)(15)(Q)(ii) of the Immigration and Nationality Act
[8 U.S.C. 1101(a)(15)(Q)(ii)] (including spouses and minor
children) in each of 4 consecutive program years.
``(B) Offset in number of h-2b nonimmigrant admissions
allowed.--Notwithstanding any other provision of law, for each
alien so admitted in a fiscal year, the numerical limitation
specified under section 214(g)(1)(B) of the Immigration and
Nationality Act [8 U.S.C. 1184(g)(1)(B)] shall be reduced by 1
for that fiscal year or the subsequent fiscal year.
``(3) Records and report.--The Immigration and Naturalization
Service shall maintain records of the nonimmigrant status and place
of residence of each alien admitted under the program. Not later
than 120 days after the end of the third program year and for the 4
subsequent years, the Immigration and Naturalization Service shall
compile and submit to the Congress a report on the number of aliens
admitted with nonimmigrant status under section 101(a)(15)(Q)(ii) [8
U.S.C. 1101(a)(15)(Q)(ii)] who have overstayed their visas.
``(4) Designated counties defined.--For the purposes of this
Act, the term `designated counties' means the six counties of
Northern Ireland and the counties of Louth, Monaghan, Cavan,
Leitrim, Sligo, and Donegal within the Republic of Ireland.
``(b) Temporary Nonimmigrant Visa.--[Amended this section.]
``(c) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary to carry
out the purposes of this section. Amounts appropriated pursuant to this
subsection are authorized to be available until expended.
``(d) Sunset.--
``(1) Effective October 1, 2006, the Irish Peace Process
Cultural and Training Program Act of 1998 is repealed.
``(2) Effective October 1, 2006, section 101(a)(15)(Q) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is
amended--
``(A) by striking `or' at the end of clause (i);
``(B) by striking `(i)' after `(Q)'; and
``(C) by striking clause (ii).''
Coordination of Amendments by Pub. L. 104-208
Section 1(b) of div. C of Pub. L. 104-208 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
Section 592 of title V of div. C of Pub. L. 104-208 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
Section 593 of title V of div. C of Pub. L. 104-208 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
Section 601(a)(2) of div. C of Pub. L. 104-208 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
Section 648 of div. C of Pub. L. 104-208 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
Section 130006 of Pub. L. 103-322 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
Section 221 of Pub. L. 103-416, as amended by Pub. L. 104-208, div.
C, title III, Sec. 308(d)(3)(E), title VI, Sec. 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
Section 225 of Pub. L. 103-416, as amended by Pub. L. 104-132, title
IV, Sec. 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L. 104-208, div.
C, title III, Sec. 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
Section 202(b) of Pub. L. 102-232 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
Section 3 of Pub. L. 102-110 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
Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 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,
Sec. 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)
Section 152 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 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
Section 204(b) of Pub. L. 101-649 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
Section 206(a) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(a)(9), Dec. 12, 1991, 105 Stat. 1748; Pub. L. 106-
95, Sec. 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
Section 222 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 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
Section 223 of Pub. L. 101-649, as amended by Pub. L. 102-232, title
III, Sec. 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, Sec. 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, Sec. 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
Section 2(o)(2) of Pub. L. 100-525 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, Sec. 101(e) [title V, Sec. 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, Sec. 603(a)(20), Nov. 29, 1990, 104 Stat.
5084; Pub. L. 102-232, title III, Sec. 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's 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.''
[Section 307(l)(8) of Pub. L. 102-232 provided that the amendment
made by that section to section 101(e) [title V, Sec. 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,
Sec. 101(e) [title V, Sec. 584(b)(2)], set out above, is effective Dec.
22, 1987.]
Authorization of Appropriations for Enforcement and Service Activities
of Immigration and Naturalization Service
Section 111 of Pub. L. 99-603 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
Section 305 of Pub. L. 99-603 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
Section 315(d) of Pub. L. 99-603 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
Section 407 of Pub. L. 99-603 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
Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 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
Section 2 of Pub. L. 99-505 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
Section 5(e) of Pub. L. 97-116 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
Section 3201(c) of Pub. L. 96-70 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, Sec. 212(a), Oct. 25, 1994, 108 Stat. 4314.
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-
1557), 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.
Definitions
Section 1(c) of div. C of Pub. L. 104-208 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)].''
Section 594 of title V of div. C of Pub. L. 104-208 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.''
Section 14 of Pub. L. 85-316 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
Appendix to Title 50, War and National Defense.]''
Many of the terms listed in this section are similarly defined in
section 782 of Title 50, War and National Defense.
Section Referred to in Other Sections
This section is referred to in sections 1102, 1151, 1152, 1153,
1154, 1157, 1158, 1159, 1160, 1181, 1182, 1184, 1184a, 1186, 1187, 1201,
1202, 1227, 1229b, 1229c, 1231, 1254a, 1255, 1255a, 1255b, 1257, 1258,
1281, 1282, 1288, 1303, 1356, 1365, 1367, 1372, 1376, 1431, 1433, 1641,
1701, 1735, 1761, 1762, 1771, 1775 of this title; title 2 sections 434,
441b, 441e; title 6 section 236; title 7 section 2015; title 10 sections
1596b, 2864; title 15 sections 78dd-1, 78dd-2, 78dd-3, 7410; title 18
sections 7, 32, 37, 175b, 178, 229F, 831, 842, 922, 1091, 1116, 1119,
1201, 1203, 2280, 2281, 2331, 2332a, 2332f, 2339C, 2401, 3077, 3142,
3181; title 19 sections 58c, 3401; title 22 sections 1474, 2395, 2508,
3508, 5001, 6701, 7105; title 26 sections 871, 872, 1441, 3121, 3231,
3306, 7701; title 28 section 1605; title 29 sections 1802, 2920; title
42 sections 408, 410, 1436a, 1869c, 10603c; title 45 sections 231, 351;
title 46 section 2101; title 49 sections 5103a, 44935, 44939, 46502;
title 50 sections 424, 1801; title 50 App. sections 453, 456.
