The Immigration and Nationality Act (INA), 8 U.S.C. 1101 Et Seq.

Page 15 TITLE 8—ALIENS AND NATIONALITY § 1101
Sec. Sec.
1432. Repealed. 1484 to 1487. Repealed.
1433. Children born and residing outside the United 1488. Nationality lost solely from performance of
States; conditions for acquiring certificate acts or fulfillment of conditions.
of citizenship. 1489. Application of treaties; exceptions.
1434. Repealed.
PART IV—MISCELLANEOUS
1435. Former citizens regaining citizenship.
1436. Nationals but not citizens; residence within 1501. Certificate of diplomatic or consular officer
outlying possessions. of United States as to loss of American na-
1437. Resident Philippine citizens excepted from tionality.
certain requirements. 1502. Certificate of nationality issued by Secretary
1438. Former citizens losing citizenship by entering of State for person not a naturalized citizen
armed forces of foreign countries during of United States for use in proceedings of a
World War II. foreign state.
1439. Naturalization through service in the armed 1503. Denial of rights and privileges as national.
forces. 1504. Cancellation of United States passports and
1440. Naturalization through active-duty service in Consular Reports of Birth.
the Armed Forces during World War I, SUBCHAPTER IV—REFUGEE ASSISTANCE
World War II, Korean hostilities, Vietnam
hostilities, or other periods of military hos- 1521. Office of Refugee Resettlement; establish-
tilities. ment; appointment of Director; functions.
1440–1. Posthumous citizenship through death while 1522. Authorization for programs for domestic re-
on active-duty service in armed forces dur- settlement of and assistance to refugees.
ing World War I, World War II, the Korean 1523. Congressional reports.
hostilities, the Vietnam hostilities, or in 1524. Authorization of appropriations.
other periods of military hostilities. 1525. Repealed.
1440a to 1440d. Omitted. SUBCHAPTER V—ALIEN TERRORIST REMOVAL
1440e. Exemption from naturalization fees for aliens PROCEDURES
naturalized through service during Vietnam 1531. Definitions.
hostilities or other subsequent period of 1532. Establishment of removal court.
military hostilities; report by clerks of 1533. Removal court procedure.
courts to Attorney General. 1534. Removal hearing.
1440f. Fingerprints and other biometric information 1535. Appeals.
for members of the United States Armed 1536. Custody and release pending removal hearing.
Forces. 1537. Custody and release after removal hearing.
1440g. Provision of information on military natu-
ralization. SUBCHAPTER I—GENERAL PROVISIONS
1441. Constructive residence through service on
certain United States vessels. § 1101. Definitions
1442. Alien enemies.
1443. Administration. (a) As used in this chapter—
1443a. Naturalization proceedings overseas for mem- (1) The term ‘‘administrator’’ means the offi-
bers of the Armed Forces and their spouses cial designated by the Secretary of State pursu-
and children. ant to section 1104(b) of this title.
1444. Photographs; number. (2) The term ‘‘advocates’’ includes, but is not
1445. Application for naturalization; declaration of limited to, advises, recommends, furthers by
intention. overt act, and admits belief in.
1446. Investigation of applicants; examination of (3) The term ‘‘alien’’ means any person not a
applications.
1447. Hearings on denials of applications for natu-
citizen or national of the United States.
ralization. (4) The term ‘‘application for admission’’ has
1448. Oath of renunciation and allegiance. reference to the application for admission into
1448a. Address to newly naturalized citizens. the United States and not to the application for
1449. Certificate of naturalization; contents. the issuance of an immigrant or nonimmigrant
1450. Functions and duties of clerks and records of visa.
declarations of intention and applications (5) The term ‘‘Attorney General’’ means the
for naturalization. Attorney General of the United States.
1451. Revocation of naturalization.
1452. Certificates of citizenship or U.S. non-citizen
(6) The term ‘‘border crossing identification
national status; procedure. card’’ means a document of identity bearing
1453. Cancellation of certificates issued by Attor- that designation issued to an alien who is law-
ney General, the Commissioner or a Deputy fully admitted for permanent residence, or to an
Commissioner; action not to affect citizen- alien who is a resident in foreign contiguous ter-
ship status. ritory, by a consular officer or an immigration
1454. Documents and copies issued by Attorney officer for the purpose of crossing over the bor-
General.
ders between the United States and foreign con-
1455. Fiscal provisions.
1456. Repealed. tiguous territory in accordance with such condi-
1457. Publication and distribution of citizenship tions for its issuance and use as may be pre-
textbooks; use of naturalization fees. scribed by regulations. Such regulations shall
1458. Compilation of naturalization statistics and provide that (A) each such document include a
payment for equipment. biometric identifier (such as the fingerprint or
1459. Repealed. handprint of the alien) that is machine readable
PART III—LOSS OF NATIONALITY and (B) an alien presenting a border crossing
identification card is not permitted to cross
1481. Loss of nationality by native-born or natural-
ized citizen; voluntary action; burden of over the border into the United States unless
proof; presumptions. the biometric identifier contained on the card
1482. Repealed. matches the appropriate biometric characteris-
1483. Restrictions on loss of nationality. tic of the alien.
§ 1101 TITLE 8—ALIENS AND NATIONALITY Page 16
(7) The term ‘‘clerk of court’’ means a clerk of is accepted by the President or by the Sec-
a naturalization court. retary of State, and the members of the alien’s
(8) The terms ‘‘Commissioner’’ and ‘‘Deputy immediate family;
Commissioner’’ mean the Commissioner of Im- (ii) upon a basis of reciprocity, other offi-
migration and Naturalization and a Deputy cials and employees who have been accredited
Commissioner of Immigration and Naturaliza- by a foreign government recognized de jure by
tion, respectively. the United States, who are accepted by the
(9) The term ‘‘consular officer’’ means any Secretary of State, and the members of their
consular, diplomatic, or other officer or em- immediate families; and
ployee of the United States designated under (iii) upon a basis of reciprocity, attendants,
regulations prescribed under authority con- servants, personal employees, and members of
tained in this chapter, for the purpose of issuing their immediate families, of the officials and
immigrant or nonimmigrant visas or, when used employees who have a nonimmigrant status
in subchapter III, for the purpose of adjudicating under (i) and (ii) above;
nationality. (B) an alien (other than one coming for the
(10) The term ‘‘crewman’’ means a person serv- purpose of study or of performing skilled or
ing in any capacity on board a vessel or aircraft. unskilled labor or as a representative of for-
(11) The term ‘‘diplomatic visa’’ means a non- eign press, radio, film, or other foreign infor-
immigrant visa bearing that title and issued to mation media coming to engage in such voca-
a nonimmigrant in accordance with such regulation) having a residence in a foreign country
tions as the Secretary of State may prescribe. which he has no intention of abandoning and
(12) The term ‘‘doctrine’’ includes, but is not who is visiting the United States temporarily
limited to, policies, practices, purposes, aims, or for business or temporarily for pleasure;
procedures. (C) an alien in immediate and continuous
(13)(A) The terms ‘‘admission’’ and ‘‘admitted’’ transit through the United States, or an alien
mean, with respect to an alien, the lawful entry who qualifies as a person entitled to pass in
of the alien into the United States after inspec- transit to and from the United Nations Head-
tion and authorization by an immigration offi- quarters District and foreign countries, under
cer. the provisions of paragraphs (3), (4), and (5) of
(B) An alien who is paroled under section section 11 of the Headquarters Agreement with
1182(d)(5) of this title or permitted to land tem- the United Nations (61 Stat. 758);
porarily as an alien crewman shall not be con- (D)(i) an alien crewman serving in good faith
sidered to have been admitted. as such in a capacity required for normal oper-
(C) An alien lawfully admitted for permanent ation and service on board a vessel, as defined
residence in the United States shall not be re- in section 1288(a) of this title (other than a
garded as seeking an admission into the United fishing vessel having its home port or an oper-
States for purposes of the immigration laws un- ating base in the United States), or aircraft,
less the alien— who intends to land temporarily and solely in
(i) has abandoned or relinquished that pursuit of his calling as a crewman and to de-
status, part from the United States with the vessel or
(ii) has been absent from the United States aircraft on which he arrived or some other
for a continuous period in excess of 180 days, vessel or aircraft;
(iii) has engaged in illegal activity after hav- (ii) an alien crewman serving in good faith
ing departed the United States, as such in any capacity required for normal
(iv) has departed from the United States operations and service aboard a fishing vessel
while under legal process seeking removal of having its home port or an operating base in
the alien from the United States, including re- the United States who intends to land tempo-
moval proceedings under this chapter and ex- rarily in Guam or the Commonwealth of the
tradition proceedings, Northern Mariana Islands and solely in pur-
(v) has committed an offense identified in suit of his calling as a crewman and to depart
section 1182(a)(2) of this title, unless since from Guam or the Commonwealth of the
such offense the alien has been granted relief Northern Mariana Islands with the vessel on
under section 1182(h) or 1229b(a) of this title, which he arrived;
or (E) an alien entitled to enter the United
(vi) is attempting to enter at a time or place States under and in pursuance of the provi-
other than as designated by immigration offi- sions of a treaty of commerce and navigation
cers or has not been admitted to the United between the United States and the foreign
States after inspection and authorization by state of which he is a national, and the spouse
an immigration officer. and children of any such alien if accompany-
(14) The term ‘‘foreign state’’ includes out- ing or following to join him; (i) solely to carry
lying possessions of a foreign state, but self-gov- on substantial trade, including trade in serv-
erning dominions or territories under mandate ices or trade in technology, principally be-
or trusteeship shall be regarded as separate for- tween the United States and the foreign state
eign states. of which he is a national; (ii) solely to develop
(15) The term ‘‘immigrant’’ means every alien and direct the operations of an enterprise in
except an alien who is within one of the follow- which he has invested, or of an enterprise in
ing classes of nonimmigrant aliens— which he is actively in the process of invest-
(A)(i) an ambassador, public minister, or ca- ing, a substantial amount of capital; or (iii)
reer diplomatic or consular officer who has solely to perform services in a specialty occu-
been accredited by a foreign government, rec- pation in the United States if the alien is a na-
ognized de jure by the United States and who tional of the Commonwealth of Australia and
with respect to whom the Secretary of Labor section 1182(j)(2) of this title, who is coming
determines and certifies to the Secretary of temporarily to the United States to perform
Homeland Security and the Secretary of State services (other than services described in sub-
that the intending employer has filed with the clause (a) during the period in which such sub-
Secretary of Labor an attestation under sec- clause applies and other than services de-
tion 1182(t)(1) of this title; scribed in subclause (ii)(a) or in subparagraph
(F)(i) an alien having a residence in a foreign (O) or (P)) in a specialty occupation described
country which he has no intention of abandon- in section 1184(i)(1) of this title or as a fashion
ing, who is a bona fide student qualified to model, who meets the requirements for the oc-
pursue a full course of study and who seeks to cupation specified in section 1184(i)(2) of this
enter the United States temporarily and sole- title or, in the case of a fashion model, is of
ly for the purpose of pursuing such a course of distinguished merit and ability, and with re-
study consistent with section 1184(l) 1 of this spect to whom the Secretary of Labor deter-
title at an established college, university, mines and certifies to the Attorney General
seminary, conservatory, academic high school, that the intending employer has filed with the
elementary school, or other academic institu- Secretary an application under section
tion or in an accredited language training pro- 1182(n)(1) of this title, or (b1) who is entitled to
gram in the United States, particularly des- enter the United States under and in pursu-
ignated by him and approved by the Attorney ance of the provisions of an agreement listed
General after consultation with the Secretary in section 1184(g)(8)(A) of this title, who is en-
of Education, which institution or place of gaged in a specialty occupation described in
study shall have agreed to report to the Attor- section 1184(i)(3) of this title, and with respect
ney General the termination of attendance of to whom the Secretary of Labor determines
each nonimmigrant student, and if any such and certifies to the Secretary of Homeland Se-
institution of learning or place of study fails curity and the Secretary of State that the in-
to make reports promptly the approval shall tending employer has filed with the Secretary
be withdrawn, (ii) the alien spouse and minor of Labor an attestation under section 1182(t)(1)
children of any alien described in clause (i) if of this title, or (c) who is coming temporarily
accompanying or following to join such an to the United States to perform services as a
alien, and (iii) an alien who is a national of registered nurse, who meets the qualifications
Canada or Mexico, who maintains actual resi- described in section 1182(m)(1) of this title, and
dence and place of abode in the country of na- with respect to whom the Secretary of Labor
tionality, who is described in clause (i) except determines and certifies to the Attorney Gen-
that the alien’s qualifications for and actual eral that an unexpired attestation is on file
course of study may be full or part-time, and and in effect under section 1182(m)(2) of this
who commutes to the United States institu- title for the facility (as defined in section
tion or place of study from Canada or Mexico; 1182(m)(6) of this title) for which the alien will
(G)(i) a designated principal resident rep-
perform the services; or (ii)(a) having a resi-
resentative of a foreign government recog-
dence in a foreign country which he has no in-
nized de jure by the United States, which for-
tention of abandoning who is coming tempo-
eign government is a member of an inter-
rarily to the United States to perform agricul-
national organization entitled to enjoy privi-
leges, exemptions, and immunities as an inter- tural labor or services, as defined by the Sec-
national organization under the International retary of Labor in regulations and including
Organizations Immunities Act (59 Stat. 669) [22 agricultural labor defined in section 3121(g) of
U.S.C. 288 et seq.], accredited resident mem- title 26, agriculture as defined in section 203(f)
bers of the staff of such representatives, and of title 29, and the pressing of apples for cider
members of his or their immediate family; on a farm, of a temporary or seasonal nature,
(ii) other accredited representatives of such or (b) having a residence in a foreign country
a foreign government to such international or- which he has no intention of abandoning who
ganizations, and the members of their imme- is coming temporarily to the United States to
diate families; perform other temporary service or labor if
(iii) an alien able to qualify under (i) or (ii) unemployed persons capable of performing
above except for the fact that the government such service or labor cannot be found in this
of which such alien is an accredited represent- country, but this clause shall not apply to
ative is not recognized de jure by the United graduates of medical schools coming to the
States, or that the government of which he is United States to perform services as members
an accredited representative is not a member of the medical profession; or (iii) having a res-
of such international organization; and the idence in a foreign country which he has no in-
members of his immediate family; tention of abandoning who is coming tempo-
(iv) officers, or employees of such inter- rarily to the United States as a trainee, other
national organizations, and the members of than to receive graduate medical education or
their immediate families; training, in a training program that is not de-
(v) attendants, servants, and personal em- signed primarily to provide productive em-
ployees of any such representative, officer, or ployment; and the alien spouse and minor
employee, and the members of the immediate children of any such alien specified in this
families of such attendants, servants, and per- paragraph if accompanying him or following
sonal employees; to join him;
(H) an alien (i) [(a) Repealed. Pub. L. 106–95, (I) upon a basis of reciprocity, an alien who
§ 2(c), Nov. 12, 1999, 113 Stat. 1316] (b) subject to is a bona fide representative of foreign press,
radio, film, or other foreign information
1 See References in Text note below. media, who seeks to enter the United States
solely to engage in such vocation, and the training program) in the United States par-
spouse and children of such a representative, if ticularly designated by him and approved by
accompanying or following to join him; the Attorney General, after consultation with
(J) an alien having a residence in a foreign the Secretary of Education, which institution
country which he has no intention of abandon- shall have agreed to report to the Attorney
ing who is a bona fide student, scholar, train- General the termination of attendance of each
ee, teacher, professor, research assistant, spe- nonimmigrant nonacademic student and if any
cialist, or leader in a field of specialized such institution fails to make reports prompt-
knowledge or skill, or other person of similar ly the approval shall be withdrawn, (ii) the
description, who is coming temporarily to the alien spouse and minor children of any alien
United States as a participant in a program described in clause (i) if accompanying or fol-
designated by the Director of the United lowing to join such an alien, and (iii) an alien
States Information Agency, for the purpose of who is a national of Canada or Mexico, who
teaching, instructing or lecturing, studying, maintains actual residence and place of abode
observing, conducting research, consulting, in the country of nationality, who is described
demonstrating special skills, or receiving in clause (i) except that the alien’s course of
training and who, if he is coming to the United study may be full or part-time, and who com-
States to participate in a program under mutes to the United States institution or
which he will receive graduate medical edu- place of study from Canada or Mexico;
cation or training, also meets the require- (N)(i) the parent of an alien accorded the
ments of section 1182(j) of this title, and the status of special immigrant under paragraph
alien spouse and minor children of any such (27)(I)(i) (or under analogous authority under
alien if accompanying him or following to join paragraph (27)(L)), but only if and while the
him; alien is a child, or
(K) subject to subsections (d) and (p) 2 of sec- (ii) a child of such parent or of an alien ac-
tion 1184 of this title, an alien who— corded the status of a special immigrant under
(i) is the fiancée or fiancé of a citizen of clause (ii), (iii), or (iv) of paragraph (27)(I) (or
the United States (other than a citizen de- under analogous authority under paragraph
scribed in section 1154(a)(1)(A)(viii)(I) of this (27)(L));
title) and who seeks to enter the United (O) an alien who—
States solely to conclude a valid marriage (i) has extraordinary ability in the sci-
with the petitioner within ninety days after ences, arts, education, business, or athletics
admission; which has been demonstrated by sustained
(ii) has concluded a valid marriage with a national or international acclaim or, with
citizen of the United States (other than a regard to motion picture and television pro-
citizen described in section ductions a demonstrated record of extraor-
1154(a)(1)(A)(viii)(I) of this title) who is the dinary achievement, and whose achieve-
petitioner, is the beneficiary of a petition to ments have been recognized in the field
accord a status under section 1151(b)(2)(A)(i) through extensive documentation, and seeks
of this title that was filed under section 1154 to enter the United States to continue work
of this title by the petitioner, and seeks to in the area of extraordinary ability; or
enter the United States to await the ap- (ii)(I) seeks to enter the United States
proval of such petition and the availability temporarily and solely for the purpose of ac-
to the alien of an immigrant visa; or companying and assisting in the artistic or
(iii) is the minor child of an alien de- athletic performance by an alien who is ad-
scribed in clause (i) or (ii) and is accompany- mitted under clause (i) for a specific event or
ing, or following to join, the alien; events,
(L) subject to section 1184(c)(2) of this title, (II) is an integral part of such actual per-
an alien who, within 3 years preceding the formance,
time of his application for admission into the (III)(a) has critical skills and experience
United States, has been employed continu- with such alien which are not of a general
ously for one year by a firm or corporation or nature and which cannot be performed by
other legal entity or an affiliate or subsidiary other individuals, or (b) in the case of a mo-
thereof and who seeks to enter the United tion picture or television production, has
States temporarily in order to continue to skills and experience with such alien which
render his services to the same employer or a are not of a general nature and which are
subsidiary or affiliate thereof in a capacity critical either based on a pre-existing long-
that is managerial, executive, or involves spe- standing working relationship or, with re-
cialized knowledge, and the alien spouse and spect to the specific production, because sig-
minor children of any such alien if accom- nificant production (including pre- and post-
panying him or following to join him; production work) will take place both inside
(M)(i) an alien having a residence in a for- and outside the United States and the con-
eign country which he has no intention of tinuing participation of the alien is essential
abandoning who seeks to enter the United to the successful completion of the produc-
States temporarily and solely for the purpose tion, and
of pursuing a full course of study at an estab- (IV) has a foreign residence which the
lished vocational or other recognized non- alien has no intention of abandoning; or
academic institution (other than in a language (iii) is the alien spouse or child of an alien
described in clause (i) or (ii) and is accom-
2 See References in Text note below. panying, or following to join, the alien;
(P) an alien having a foreign residence which (III) whose presence in the United States
the alien has no intention of abandoning the Attorney General determines is essen-
who— tial to the success of an authorized crimi-
(i)(a) is described in section 1184(c)(4)(A) of nal investigation or the successful pros-
this title (relating to athletes), or (b) is de- ecution of an individual involved in the
scribed in section 1184(c)(4)(B) of this title criminal organization or enterprise; or
(relating to entertainment groups); (ii) who the Secretary of State and the At-
(ii)(I) performs as an artist or entertainer,
torney General jointly determine—
individually or as part of a group, or is an (I) is in possession of critical reliable in-
integral part of the performance of such a formation concerning a terrorist organiza-
group, and tion, enterprise, or operation;
(II) seeks to enter the United States tem- (II) is willing to supply or has supplied
porarily and solely for the purpose of per- such information to Federal law enforce-
forming as such an artist or entertainer or ment authorities or a Federal court;
with such a group under a reciprocal ex- (III) will be or has been placed in danger
change program which is between an organi- as a result of providing such information;
zation or organizations in the United States and
and an organization or organizations in one (IV) is eligible to receive a reward under
or more foreign states and which provides section 2708(a) of title 22,
for the temporary exchange of artists and
entertainers, or groups of artists and enter- and, if the Attorney General (or with respect
tainers; to clause (ii), the Secretary of State and the
(iii)(I) performs as an artist or entertainer, Attorney General jointly) considers it to be
individually or as part of a group, or is an appropriate, the spouse, married and unmar-
integral part of the performance of such a ried sons and daughters, and parents of an
group, and alien described in clause (i) or (ii) if accom-
(II) seeks to enter the United States tem- panying, or following to join, the alien;
porarily and solely to perform, teach, or (T)(i) subject to section 1184(o) of this title,
coach as such an artist or entertainer or an alien who the Secretary of Homeland Secu-
with such a group under a commercial or rity, or in the case of subclause (III)(aa) the
noncommercial program that is culturally Secretary of Homeland Security, in consulta-
unique; or tion with the Attorney General, determines—
(iv) is the spouse or child of an alien de- (I) is or has been a victim of a severe form
scribed in clause (i), (ii), or (iii) and is ac- of trafficking in persons, as defined in sec-
companying, or following to join, the alien; tion 7102 of title 22;
(II) is physically present in the United
(Q) an alien having a residence in a foreign States, American Samoa, or the Common-
country which he has no intention of abandon- wealth of the Northern Mariana Islands, or
ing who is coming temporarily (for a period at a port of entry thereto, on account of
not to exceed 15 months) to the United States such trafficking, including physical presence
as a participant in an international cultural on account of the alien having been allowed
exchange program approved by the Secretary entry into the United States for participa-
of Homeland Security for the purpose of pro- tion in investigative or judicial processes as-
viding practical training, employment, and sociated with an act or a perpetrator of traf-
the sharing of the history, culture, and tradi- ficking;
tions of the country of the alien’s nationality (III)(aa) has complied with any reasonable
and who will be employed under the same request for assistance in the Federal, State,
wages and working conditions as domestic or local investigation or prosecution of acts
workers; of trafficking or the investigation of crime
(R) an alien, and the spouse and children of where acts of trafficking are at least one
the alien if accompanying or following to join central reason for the commission of that
the alien, who— crime;
(i) for the 2 years immediately preceding (bb) in consultation with the Attorney
the time of application for admission, has General, as appropriate, is unable to cooper-
been a member of a religious denomination ate with a request described in item (aa) due
having a bona fide nonprofit, religious orga- to physical or psychological trauma; or
nization in the United States; and (cc) has not attained 18 years of age; and
(ii) seeks to enter the United States for a (IV) the alien 3 would suffer extreme hard-
period not to exceed 5 years to perform the ship involving unusual and severe harm upon
work described in subclause (I), (II), or (III) removal; and
of paragraph (27)(C)(ii);
(ii) if accompanying, or following to join,
(S) subject to section 1184(k) of this title, an the alien described in clause (i)—
alien— (I) in the case of an alien described in
(i) who the Attorney General determines— clause (i) who is under 21 years of age, the
(I) is in possession of critical reliable in- spouse, children, unmarried siblings under 18
formation concerning a criminal organiza- years of age on the date on which such alien
tion or enterprise; applied for status under such clause, and
(II) is willing to supply or has supplied parents of such alien;
such information to Federal or State law
enforcement authorities or a Federal or 3 So in original. The words ‘‘the alien’’ probably should not ap-
State court; and pear.

(II) in the case of an alien described in conspiracy, or solicitation to commit any of

clause (i) who is 21 years of age or older, the the above mentioned crimes; or
spouse and children of such alien; or (V) subject to section 1184(q) of this title, an
(III) any parent or unmarried sibling under alien who is the beneficiary (including a child
18 years of age, or any adult or minor chil- of the principal alien, if eligible to receive a
dren of a derivative beneficiary of the alien, visa under section 1153(d) of this title) of a pe-
as of an alien described in subclause (I) or tition to accord a status under section
(II) who the Secretary of Homeland Secu- 1153(a)(2)(A) of this title that was filed with
rity, in consultation with the law enforce- the Attorney General under section 1154 of
ment officer investigating a severe form of this title on or before December 21, 2000, if—
trafficking, determines faces a present dan- (i) such petition has been pending for 3
ger of retaliation as a result of the alien’s years or more; or
escape from the severe form of trafficking or (ii) such petition has been approved, 3
cooperation with law enforcement. years or more have elapsed since such filing
date, and—
(U)(i) subject to section 1184(p) of this title, (I) an immigrant visa is not immediately
an alien who files a petition for status under available to the alien because of a waiting
this subparagraph, if the Secretary of Home- list of applicants for visas under section
land Security determines that— 1153(a)(2)(A) of this title; or
(I) the alien has suffered substantial phys- (II) the alien’s application for an immi-
ical or mental abuse as a result of having grant visa, or the alien’s application for
been a victim of criminal activity described adjustment of status under section 1255 of
in clause (iii); this title, pursuant to the approval of such
(II) the alien (or in the case of an alien
petition, remains pending.
child under the age of 16, the parent, guard-
ian, or next friend of the alien) possesses in- (16) The term ‘‘immigrant visa’’ means an im-
formation concerning criminal activity de- migrant visa required by this chapter and prop-
scribed in clause (iii); erly issued by a consular officer at his office
(III) the alien (or in the case of an alien outside of the United States to an eligible immi-
child under the age of 16, the parent, guard- grant under the provisions of this chapter.
ian, or next friend of the alien) has been (17) The term ‘‘immigration laws’’ includes
helpful, is being helpful, or is likely to be this chapter and all laws, conventions, and trea-
helpful to a Federal, State, or local law en- ties of the United States relating to the immi-
forcement official, to a Federal, State, or gration, exclusion, deportation, expulsion, or re-
local prosecutor, to a Federal or State judge, moval of aliens.
to the Service, or to other Federal, State, or (18) The term ‘‘immigration officer’’ means
local authorities investigating or prosecut- any employee or class of employees of the Serv-
ing criminal activity described in clause ice or of the United States designated by the At-
(iii); and torney General, individually or by regulation, to
(IV) the criminal activity described in perform the functions of an immigration officer
clause (iii) violated the laws of the United specified by this chapter or any section of this
States or occurred in the United States (in- title.
cluding in Indian country and military in- (19) The term ‘‘ineligible to citizenship,’’ when
stallations) or the territories and posses- used in reference to any individual, means, not-
sions of the United States; withstanding the provisions of any treaty relat-
ing to military service, an individual who is, or
(ii) if accompanying, or following to join,
was at any time permanently debarred from be-
the alien described in clause (i)—
(I) in the case of an alien described in coming a citizen of the United States under sec-
clause (i) who is under 21 years of age, the tion 3(a) of the Selective Training and Service
spouse, children, unmarried siblings under 18 Act of 1940, as amended (54 Stat. 885; 55 Stat.
years of age on the date on which such alien 844), or under section 4(a) of the Selective Serv-
applied for status under such clause, and ice Act of 1948, as amended (62 Stat. 605; 65 Stat.
parents of such alien; or 76) [50 U.S.C. 3803(a)], or under any section of
(II) in the case of an alien described in this chapter, or any other Act, or under any law
clause (i) who is 21 years of age or older, the amendatory of, supplementary to, or in substi-
spouse and children of such alien; and tution for, any of such sections or Acts.
(20) The term ‘‘lawfully admitted for perma-
(iii) the criminal activity referred to in this nent residence’’ means the status of having been
clause is that involving one or more of the fol- lawfully accorded the privilege of residing per-
lowing or any similar activity in violation of manently in the United States as an immigrant
Federal, State, or local criminal law: rape; in accordance with the immigration laws, such
torture; trafficking; incest; domestic violence; status not having changed.
sexual assault; abusive sexual contact; pros- (21) The term ‘‘national’’ means a person
titution; sexual exploitation; stalking; female owing permanent allegiance to a state.
genital mutilation; being held hostage; peon- (22) The term ‘‘national of the United States’’
age; involuntary servitude; slave trade; kid- means (A) a citizen of the United States, or (B)
napping; abduction; unlawful criminal re- a person who, though not a citizen of the United
straint; false imprisonment; blackmail; extor- States, owes permanent allegiance to the United
tion; manslaughter; murder; felonious assault; States.
witness tampering; obstruction of justice; per- (23) The term ‘‘naturalization’’ means the con-
jury; fraud in foreign labor contracting (as de- ferring of nationality of a state upon a person
fined in section 1351 of title 18); or attempt, after birth, by any means whatsoever.
(24) Repealed. Pub. L. 102–232, title III, Canal Zone on the effective date of the ex-
§ 305(m)(1), Dec. 12, 1991, 105 Stat. 1750. change of instruments of ratification of such
(25) The term ‘‘noncombatant service’’ shall Treaty [April 1, 1979], and who has performed
not include service in which the individual is faithful service as such an employee for one
not subject to military discipline, court martial, year or more;
or does not wear the uniform of any branch of (F) an immigrant, and his accompanying
the armed forces. spouse and children, who is a Panamanian na-
(26) The term ‘‘nonimmigrant visa’’ means a tional and (i) who, before the date on which
visa properly issued to an alien as an eligible such Panama Canal Treaty of 1977 enters into
nonimmigrant by a competent officer as pro- force [October 1, 1979], has been honorably re-
vided in this chapter. tired from United States Government employ-
(27) The term ‘‘special immigrant’’ means— ment in the Canal Zone with a total of 15
(A) an immigrant, lawfully admitted for per- years or more of faithful service, or (ii) who,
manent residence, who is returning from a on the date on which such Treaty enters into
temporary visit abroad; force, has been employed by the United States
(B) an immigrant who was a citizen of the Government in the Canal Zone with a total of
United States and may, under section 1435(a) 15 years or more of faithful service and who
or 1438 of this title, apply for reacquisition of subsequently is honorably retired from such
citizenship; employment or continues to be employed by
(C) an immigrant, and the immigrant’s the United States Government in an area of
spouse and children if accompanying or follow- the former Canal Zone;
ing to join the immigrant, who— (G) an immigrant, and his accompanying
(i) for at least 2 years immediately preced- spouse and children, who was an employee of
ing the time of application for admission, the Panama Canal Company or Canal Zone
has been a member of a religious denomina- Government on the effective date of the ex-
tion having a bona fide nonprofit, religious change of instruments of ratification of such
organization in the United States; Panama Canal Treaty of 1977 [April 1, 1979],
(ii) seeks to enter the United States— who has performed faithful service for five
(I) solely for the purpose of carrying on years or more as such an employee, and whose
the vocation of a minister of that religious personal safety, or the personal safety of
denomination, whose spouse or children, as a direct result of
(II) before September 30, 2015, in order to such Treaty, is reasonably placed in danger
work for the organization at the request of because of the special nature of any of that
the organization in a professional capacity employment;
in a religious vocation or occupation, or (H) an immigrant, and his accompanying
(III) before September 30, 2015, in order spouse and children, who—
to work for the organization (or for a bona (i) has graduated from a medical school or
fide organization which is affiliated with has qualified to practice medicine in a for-
the religious denomination and is exempt eign state,
from taxation as an organization described (ii) was fully and permanently licensed to
in section 501(c)(3) of title 26) at the re- practice medicine in a State on January 9,
quest of the organization in a religious vo- 1978, and was practicing medicine in a State
cation or occupation; and on that date,
(iii) entered the United States as a non-
(iii) has been carrying on such vocation, immigrant under subsection (a)(15)(H) or
professional work, or other work continu- (a)(15)(J) before January 10, 1978, and
ously for at least the 2-year period described (iv) has been continuously present in the
in clause (i); United States in the practice or study of
(D) an immigrant who is an employee, or an medicine since the date of such entry;
honorably retired former employee, of the (I)(i) an immigrant who is the unmarried son
United States Government abroad, or of the or daughter of an officer or employee, or of a
American Institute in Taiwan, and who has former officer or employee, of an international
performed faithful service for a total of fifteen organization described in paragraph (15)(G)(i),
years, or more, and his accompanying spouse and who (I) while maintaining the status of a
and children: Provided, That the principal offi- nonimmigrant under paragraph (15)(G)(iv) or
cer of a Foreign Service establishment (or, in paragraph (15)(N), has resided and been phys-
the case of the American Institute in Taiwan, ically present in the United States for periods
the Director thereof), in his discretion, shall totaling at least one-half of the seven years
have recommended the granting of special im- before the date of application for a visa or for
migrant status to such alien in exceptional adjustment of status to a status under this
circumstances and the Secretary of State ap- subparagraph and for a period or periods ag-
proves such recommendation and finds that it gregating at least seven years between the
is in the national interest to grant such ages of five and 21 years, and (II) applies for a
status; visa or adjustment of status under this sub-
(E) an immigrant, and his accompanying paragraph no later than his twenty-fifth birth-
spouse and children, who is or has been an em- day or six months after October 24, 1988,
ployee of the Panama Canal Company or Canal whichever is later;
Zone Government before the date on which the (ii) an immigrant who is the surviving
Panama Canal Treaty of 1977 (as described in spouse of a deceased officer or employee of
section 3602(a)(1) of title 22) enters into force such an international organization, and who
[October 1, 1979], who was resident in the (I) while maintaining the status of a non-
immigrant under paragraph (15)(G)(iv) or para- (K) an immigrant who has served honorably
graph (15)(N), has resided and been physically on active duty in the Armed Forces of the
present in the United States for periods total- United States after October 15, 1978, and after
ing at least one-half of the seven years before original lawful enlistment outside the United
the date of application for a visa or for adjust- States (under a treaty or agreement in effect
ment of status to a status under this subpara- on October 1, 1991) for a period or periods ag-
graph and for a period or periods aggregating gregating—
at least 15 years before the date of the death (i) 12 years and who, if separated from such
of such officer or employee, and (II) files a pe- service, was never separated except under
tition for status under this subparagraph no honorable conditions, or
later than six months after the date of such (ii) 6 years, in the case of an immigrant
death or six months after October 24, 1988, who is on active duty at the time of seeking
whichever is later; special immigrant status under this sub-
(iii) an immigrant who is a retired officer or paragraph and who has reenlisted to incur a
employee of such an international organiza- total active duty service obligation of at
tion, and who (I) while maintaining the status least 12 years,
of a nonimmigrant under paragraph (15)(G)(iv),
and the spouse or child of any such immigrant
has resided and been physically present in the
if accompanying or following to join the immi-
United States for periods totaling at least one-
grant, but only if the executive department
half of the seven years before the date of appli-
under which the immigrant serves or served
cation for a visa or for adjustment of status to
recommends the granting of special immi-
a status under this subparagraph and for a pe-
grant status to the immigrant;
riod or periods aggregating at least 15 years
(L) an immigrant who would be described in
before the date of the officer or employee’s re-
clause (i), (ii), (iii), or (iv) of subparagraph (I)
tirement from any such international organi-
if any reference in such a clause—
zation, and (II) files a petition for status under (i) to an international organization de-
this subparagraph no later than six months scribed in paragraph (15)(G)(i) were treated
after the date of such retirement or six as a reference to the North Atlantic Treaty
months after October 25, 1994, whichever is Organization (NATO);
later; or (ii) to a nonimmigrant under paragraph
(iv) an immigrant who is the spouse of a re- (15)(G)(iv) were treated as a reference to a
tired officer or employee accorded the status
nonimmigrant classifiable under NATO–6 (as
of special immigrant under clause (iii), accom-
a member of a civilian component accom-
panying or following to join such retired offi-
panying a force entering in accordance with
cer or employee as a member of his immediate
the provisions of the NATO Status-of-Forces
family;
(J) an immigrant who is present in the Agreement, a member of a civilian compo-
United States— nent attached to or employed by an Allied
(i) who has been declared dependent on a Headquarters under the ‘‘Protocol on the
juvenile court located in the United States Status of International Military Head-
or whom such a court has legally committed quarters’’ set up pursuant to the North At-
to, or placed under the custody of, an agency lantic Treaty, or as a dependent); and
or department of a State, or an individual or (iii) to the Immigration Technical Correc-
entity appointed by a State or juvenile court tions Act of 1988 or to the Immigration and
located in the United States, and whose re- Nationality Technical Corrections Act of
unification with 1 or both of the immigrant’s 1994 were a reference to the American Com-
parents is not viable due to abuse, neglect, petitiveness and Workforce Improvement
abandonment, or a similar basis found under Act of 1998 4
State law; (M) subject to the numerical limitations of
(ii) for whom it has been determined in ad- section 1153(b)(4) of this title, an immigrant
ministrative or judicial proceedings that it who seeks to enter the United States to work
would not be in the alien’s best interest to as a broadcaster in the United States for the
be returned to the alien’s or parent’s pre- International Broadcasting Bureau of the
vious country of nationality or country of Broadcasting Board of Governors, or for a
last habitual residence; and grantee of the Broadcasting Board of Gov-
(iii) in whose case the Secretary of Home- ernors, and the immigrant’s accompanying
land Security consents to the grant of spe- spouse and children.
cial immigrant juvenile status, except
that— (28) The term ‘‘organization’’ means, but is not
(I) no juvenile court has jurisdiction to limited to, an organization, corporation, com-
determine the custody status or placement pany, partnership, association, trust, foundation
of an alien in the custody of the Secretary or fund; and includes a group of persons, wheth-
of Health and Human Services unless the er or not incorporated, permanently or tempo-
Secretary of Health and Human Services rarily associated together with joint action on
specifically consents to such jurisdiction; any subject or subjects.
and (29) The term ‘‘outlying possessions of the
(II) no natural parent or prior adoptive United States’’ means American Samoa and
parent of any alien provided special immi- Swains Island.
grant status under this subparagraph shall (30) The term ‘‘passport’’ means any travel
thereafter, by virtue of such parentage, be document issued by competent authority show-
accorded any right, privilege, or status
under this chapter; 4 So in original. Probably should be followed by ‘‘; or’’.
ing the bearer’s origin, identity, and nationality tionality or, in the case of a person having no
if any, which is valid for the admission of the nationality, is outside any country in which
bearer into a foreign country. such person last habitually resided, and who is
(31) The term ‘‘permanent’’ means a relation- unable or unwilling to return to, and is unable
ship of continuing or lasting nature, as distin- or unwilling to avail himself or herself of the
guished from temporary, but a relationship may protection of, that country because of persecu-
be permanent even though it is one that may be tion or a well-founded fear of persecution on ac-
dissolved eventually at the instance either of count of race, religion, nationality, membership
the United States or of the individual, in accord- in a particular social group, or political opinion,
ance with law. or (B) in such special circumstances as the
(32) The term ‘‘profession’’ shall include but President after appropriate consultation (as de-
not be limited to architects, engineers, lawyers, fined in section 1157(e) of this title) may specify,
physicians, surgeons, and teachers in elemen- any person who is within the country of such
tary or secondary schools, colleges, academies, person’s nationality or, in the case of a person
or seminaries. having no nationality, within the country in
(33) The term ‘‘residence’’ means the place of which such person is habitually residing, and
general abode; the place of general abode of a who is persecuted or who has a well-founded fear
person means his principal, actual dwelling of persecution on account of race, religion, na-
place in fact, without regard to intent. tionality, membership in a particular social
(34) The term ‘‘Service’’ means the Immigra-
group, or political opinion. The term ‘‘refugee’’
tion and Naturalization Service of the Depart-
does not include any person who ordered, in-
ment of Justice.
(35) The term ‘‘spouse’’, ‘‘wife’’, or ‘‘husband’’ cited, assisted, or otherwise participated in the
do not include a spouse, wife, or husband by rea- persecution of any person on account of race, re-
son of any marriage ceremony where the con- ligion, nationality, membership in a particular
tracting parties thereto are not physically social group, or political opinion. For purposes
present in the presence of each other, unless the of determinations under this chapter, a person
marriage shall have been consummated. who has been forced to abort a pregnancy or to
(36) The term ‘‘State’’ includes the District of undergo involuntary sterilization, or who has
Columbia, Puerto Rico, Guam, the Virgin Is- been persecuted for failure or refusal to undergo
lands of the United States, and the Common- such a procedure or for other resistance to a co-
wealth of the Northern Mariana Islands. ercive population control program, shall be
(37) The term ‘‘totalitarian party’’ means an deemed to have been persecuted on account of
organization which advocates the establishment political opinion, and a person who has a well
in the United States of a totalitarian dictator- founded fear that he or she will be forced to un-
ship or totalitarianism. The terms ‘‘totalitarian dergo such a procedure or subject to persecution
dictatorship’’ and ‘‘totalitarianism’’ mean and for such failure, refusal, or resistance shall be
refer to systems of government not representa- deemed to have a well founded fear of persecu-
tive in fact, characterized by (A) the existence tion on account of political opinion.
of a single political party, organized on a dic- (43) The term ‘‘aggravated felony’’ means—
tatorial basis, with so close an identity between (A) murder, rape, or sexual abuse of a minor;
such party and its policies and the govern- (B) illicit trafficking in a controlled sub-
mental policies of the country in which it exists, stance (as defined in section 802 of title 21), in-
that the party and the government constitute cluding a drug trafficking crime (as defined in
an indistinguishable unit, and (B) the forcible section 924(c) of title 18);
suppression of opposition to such party. (C) illicit trafficking in firearms or destruc-
(38) The term ‘‘United States’’, except as tive devices (as defined in section 921 of title
otherwise specifically herein provided, when 18) or in explosive materials (as defined in sec-
used in a geographical sense, means the con- tion 841(c) of that title);
tinental United States, Alaska, Hawaii, Puerto (D) an offense described in section 1956 of
Rico, Guam, the Virgin Islands of the United title 18 (relating to laundering of monetary in-
States, and the Commonwealth of the Northern struments) or section 1957 of that title (relat-
Mariana Islands. ing to engaging in monetary transactions in
(39) The term ‘‘unmarried’’, when used in ref- property derived from specific unlawful activ-
erence to any individual as of any time, means ity) if the amount of the funds exceeded
an individual who at such time is not married, $10,000;
whether or not previously married. (E) an offense described in—
(40) The term ‘‘world communism’’ means a (i) section 842(h) or (i) of title 18, or section
revolutionary movement, the purpose of which 844(d), (e), (f), (g), (h), or (i) of that title (re-
is to establish eventually a Communist totali- lating to explosive materials offenses);
tarian dictatorship in any or all the countries of (ii) section 922(g)(1), (2), (3), (4), or (5), (j),
the world through the medium of an inter- (n), (o), (p), or (r) or 924(b) or (h) of title 18
nationally coordinated Communist political (relating to firearms offenses); or
movement. (iii) section 5861 of title 26 (relating to fire-
(41) The term ‘‘graduates of a medical school’’ arms offenses);
means aliens who have graduated from a medi-
cal school or who have qualified to practice (F) a crime of violence (as defined in section
medicine in a foreign state, other than such 16 of title 18, but not including a purely politi-
aliens who are of national or international re- cal offense) for which the term of imprison-
nown in the field of medicine. ment at 5 least one year;
(42) The term ‘‘refugee’’ means (A) any person
who is outside any country of such person’s na- 5 So in original. Probably should be preceded by ‘‘is’’.
(G) a theft offense (including receipt of sto- firmatively shown that the alien committed
len property) or burglary offense for which the the offense for the purpose of assisting, abet-
term of imprisonment at 5 least one year; ting, or aiding only the alien’s spouse, child,
(H) an offense described in section 875, 876, or parent (and no other individual) to violate
877, or 1202 of title 18 (relating to the demand a provision of this chapter;
for or receipt of ransom); (Q) an offense relating to a failure to appear
(I) an offense described in section 2251, 2251A, by a defendant for service of sentence if the
or 2252 of title 18 (relating to child pornog- underlying offense is punishable by imprison-
raphy); ment for a term of 5 years or more;
(J) an offense described in section 1962 of (R) an offense relating to commercial brib-
title 18 (relating to racketeer influenced cor- ery, counterfeiting, forgery, or trafficking in
rupt organizations), or an offense described in vehicles the identification numbers of which
section 1084 (if it is a second or subsequent of- have been altered for which the term of im-
fense) or 1955 of that title (relating to gam- prisonment is at least one year;
bling offenses), for which a sentence of one (S) an offense relating to obstruction of jus-
year imprisonment or more may be imposed; tice, perjury or subornation of perjury, or
(K) an offense that— bribery of a witness, for which the term of im-
(i) relates to the owning, controlling, man- prisonment is at least one year;
aging, or supervising of a prostitution busi- (T) an offense relating to a failure to appear
ness; before a court pursuant to a court order to an-
(ii) is described in section 2421, 2422, or 2423 swer to or dispose of a charge of a felony for
of title 18 (relating to transportation for the which a sentence of 2 years’ imprisonment or
purpose of prostitution) if committed for more may be imposed; and
commercial advantage; or (U) an attempt or conspiracy to commit an
(iii) is described in any of sections offense described in this paragraph.
1581–1585 or 1588–1591 of title 18 (relating to
peonage, slavery, involuntary servitude, and The term applies to an offense described in this
trafficking in persons); paragraph whether in violation of Federal or
State law and applies to such an offense in vio-
(L) an offense described in— lation of the law of a foreign country for which
(i) section 793 (relating to gathering or the term of imprisonment was completed within
transmitting national defense information), the previous 15 years. Notwithstanding any
798 (relating to disclosure of classified infor- other provision of law (including any effective
mation), 2153 (relating to sabotage) or 2381 or date), the term applies regardless of whether the
2382 (relating to treason) of title 18; conviction was entered before, on, or after Sep-
(ii) section 3121 of title 50 (relating to pro- tember 30, 1996.
tecting the identity of undercover intel- (44)(A) The term ‘‘managerial capacity’’ means
ligence agents); or an assignment within an organization in which
(iii) section 3121 of title 50 (relating to pro-
the employee primarily—
tecting the identity of undercover agents); (i) manages the organization, or a depart-
(M) an offense that— ment, subdivision, function, or component of
(i) involves fraud or deceit in which the the organization;
loss to the victim or victims exceeds $10,000; (ii) supervises and controls the work of other
or supervisory, professional, or managerial em-
(ii) is described in section 7201 of title 26 ployees, or manages an essential function
(relating to tax evasion) in which the reve- within the organization, or a department or
nue loss to the Government exceeds $10,000; subdivision of the organization;
(N) an offense described in paragraph (1)(A) (iii) if another employee or other employees
or (2) of section 1324(a) of this title (relating to are directly supervised, has the authority to
alien smuggling), except in the case of a first hire and fire or recommend those as well as
offense for which the alien has affirmatively other personnel actions (such as promotion
shown that the alien committed the offense and leave authorization) or, if no other em-
for the purpose of assisting, abetting, or aiding ployee is directly supervised, functions at a
only the alien’s spouse, child, or parent (and senior level within the organizational hier-
no other individual) to violate a provision of archy or with respect to the function man-
this chapter 6 aged; and
(O) an offense described in section 1325(a) or (iv) exercises discretion over the day-to-day
1326 of this title committed by an alien who operations of the activity or function for
was previously deported on the basis of a con- which the employee has authority.
viction for an offense described in another sub- A first-line supervisor is not considered to be
paragraph of this paragraph; acting in a managerial capacity merely by vir-
(P) an offense (i) which either is falsely mak- tue of the supervisor’s supervisory duties unless
ing, forging, counterfeiting, mutilating, or al- the employees supervised are professional.
tering a passport or instrument in violation of (B) The term ‘‘executive capacity’’ means an
section 1543 of title 18 or is described in sec- assignment within an organization in which the
tion 1546(a) of such title (relating to document employee primarily—
fraud) and (ii) for which the term of imprison- (i) directs the management of the organiza-
ment is at least 12 months, except in the case tion or a major component or function of the
of a first offense for which the alien has af- organization;
(ii) establishes the goals and policies of the
6 So in original. Probably should be followed by a semicolon. organization, component, or function;
(iii) exercises wide latitude in discretionary 1154(a)(1)(B)(ii)(II)(aa)(BB), or

decision-making; and 1229b(b)(2)(A)(i)(III) of this title.
(iv) receives only general supervision or di- (51) The term ‘‘VAWA self-petitioner’’ means
rection from higher level executives, the board an alien, or a child of the alien, who qualifies for
of directors, or stockholders of the organiza- relief under—
tion. (A) clause (iii), (iv), or (vii) of section
1154(a)(1)(A) of this title;
(C) If staffing levels are used as a factor in de- (B) clause (ii) or (iii) of section 1154(a)(1)(B)
termining whether an individual is acting in a of this title;
managerial or executive capacity, the Attorney (C) section 1186a(c)(4)(C) of this title;
General shall take into account the reasonable (D) the first section of Public Law 89–732 (8
needs of the organization, component, or func- U.S.C. 1255 note) (commonly known as the
tion in light of the overall purpose and stage of Cuban Adjustment Act) as a child or spouse
development of the organization, component, or who has been battered or subjected to extreme
function. An individual shall not be considered cruelty;
to be acting in a managerial or executive capac- (E) section 902(d)(1)(B) of the Haitian Refu-
ity (as previously defined) merely on the basis of gee Immigration Fairness Act of 1998 (8 U.S.C.
the number of employees that the individual su- 1255 note);
pervises or has supervised or directs or has di- (F) section 202(d)(1) of the Nicaraguan Ad-
rected. justment and Central American Relief Act; or
(45) The term ‘‘substantial’’ means, for pur- (G) section 309 of the Illegal Immigration
poses of paragraph (15)(E) with reference to Reform and Immigrant Responsibility Act of
trade or capital, such an amount of trade or cap- 1996 (division C of Public Law 104–208).
ital as is established by the Secretary of State, (52) The term ‘‘accredited language training
after consultation with appropriate agencies of program’’ means a language training program
Government. that is accredited by an accrediting agency rec-
(46) The term ‘‘extraordinary ability’’ means, ognized by the Secretary of Education.
for purposes of subsection (a)(15)(O)(i), in the (b) As used in subchapters I and II—
case of the arts, distinction. (1) The term ‘‘child’’ means an unmarried per-
(47)(A) The term ‘‘order of deportation’’ means son under twenty-one years of age who is—
the order of the special inquiry officer, or other (A) a child born in wedlock;
such administrative officer to whom the Attor- (B) a stepchild, whether or not born out of
ney General has delegated the responsibility for wedlock, provided the child had not reached
determining whether an alien is deportable, con- the age of eighteen years at the time the mar-
cluding that the alien is deportable or ordering riage creating the status of stepchild occurred;
deportation. (C) a child legitimated under the law of the
(B) The order described under subparagraph child’s residence or domicile, or under the law
(A) shall become final upon the earlier of— of the father’s residence or domicile, whether
(i) a determination by the Board of Immigra- in or outside the United States, if such
tion Appeals affirming such order; or legitimation takes place before the child
(ii) the expiration of the period in which the reaches the age of eighteen years and the child
alien is permitted to seek review of such order is in the legal custody of the legitimating par-
by the Board of Immigration Appeals. ent or parents at the time of such
legitimation;
(48)(A) The term ‘‘conviction’’ means, with re- (D) a child born out of wedlock, by, through
spect to an alien, a formal judgment of guilt of whom, or on whose behalf a status, privilege,
the alien entered by a court or, if adjudication or benefit is sought by virtue of the relation-
of guilt has been withheld, where— ship of the child to its natural mother or to its
(i) a judge or jury has found the alien guilty
natural father if the father has or had a bona
or the alien has entered a plea of guilty or
fide parent-child relationship with the person;
nolo contendere or has admitted sufficient (E)(i) a child adopted while under the age of
facts to warrant a finding of guilt, and sixteen years if the child has been in the legal
(ii) the judge has ordered some form of pun-
custody of, and has resided with, the adopting
ishment, penalty, or restraint on the alien’s
parent or parents for at least two years or if
liberty to be imposed.
the child has been battered or subject to ex-
(B) Any reference to a term of imprisonment treme cruelty by the adopting parent or by a
or a sentence with respect to an offense is family member of the adopting parent residing
deemed to include the period of incarceration or in the same household: Provided, That no natu-
confinement ordered by a court of law regardless ral parent of any such adopted child shall
of any suspension of the imposition or execution thereafter, by virtue of such parentage, be ac-
of that imprisonment or sentence in whole or in corded any right, privilege, or status under
part. this chapter; or
(49) The term ‘‘stowaway’’ means any alien (ii) subject to the same proviso as in clause
who obtains transportation without the consent (i), a child who: (I) is a natural sibling of a
of the owner, charterer, master or person in child described in clause (i) or subparagraph
command of any vessel or aircraft through con- (F)(i); (II) was adopted by the adoptive parent
cealment aboard such vessel or aircraft. A pas- or parents of the sibling described in such
senger who boards with a valid ticket is not to clause or subparagraph; and (III) is otherwise
be considered a stowaway. described in clause (i), except that the child
(50) The term ‘‘intended spouse’’ means any was adopted while under the age of 18 years;
alien who meets the criteria set forth in section (F)(i) a child, under the age of sixteen at the
1154(a)(1)(A)(iii)(II)(aa)(BB), time a petition is filed in his behalf to accord
a classification as an immediate relative to form a bona fide parent-child relation-

under section 1151(b) of this title, who is an or- ship, and the parent-child relationship of the
phan because of the death or disappearance of, child and the natural parents has been ter-
abandonment or desertion by, or separation or minated (and in carrying out both obliga-
loss from, both parents, or for whom the sole tions under this subclause the Secretary of
or surviving parent is incapable of providing Homeland Security may consider whether
the proper care and has in writing irrevocably there is a petition pending to confer immi-
released the child for emigration and adop- grant status on one or both of such natural
tion; who has been adopted abroad by a United parents); and
States citizen and spouse jointly, or by an un- (V) in the case of a child who has not been
married United States citizen who is at least adopted—
25 years of age, at least 1 of whom personally (aa) the competent authority of the for-
saw and observed the child before or during eign state has approved the child’s emigra-
the adoption proceedings; or who is coming to tion to the United States for the purpose
the United States for adoption by a United of adoption by the prospective adoptive
States citizen and spouse jointly, or by an un- parent or parents; and
married United States citizen at least twenty- (bb) the prospective adoptive parent or
five years of age, who have or has complied parents has or have complied with any pre-
with the preadoption requirements, if any, of adoption requirements of the child’s pro-
the child’s proposed residence; Provided, That posed residence; and
the Attorney General is satisfied that proper (ii) except that no natural parent or prior
care will be furnished the child if admitted to adoptive parent of any such child shall there-
the United States: Provided further, That no after, by virtue of such parentage, be accorded
natural parent or prior adoptive parent of any any right, privilege, or status under this chap-
such child shall thereafter, by virtue of such ter; or
parentage, be accorded any right, privilege, or (iii) subject to the same provisos as in
status under this chapter; or clauses (i) and (ii), a child who—
(ii) subject to the same provisos as in clause (I) is a natural sibling of a child described
(i), a child who: (I) is a natural sibling of a in clause (i), subparagraph (E)(i), or subpara-
child described in clause (i) or subparagraph graph (F)(i);
(E)(i); (II) has been adopted abroad, or is com- (II) was adopted abroad, or is coming to
ing to the United States for adoption, by the the United States for adoption, by the adop-
adoptive parent (or prospective adoptive par- tive parent (or prospective adoptive parent)
ent) or parents of the sibling described in such or parents of the sibling described in clause
clause or subparagraph; and (III) is otherwise (i), subparagraph (E)(i), or subparagraph
described in clause (i), except that the child is (F)(i); and
under the age of 18 at the time a petition is (III) is otherwise described in clause (i), ex-
filed in his or her behalf to accord a classifica- cept that the child is younger than 18 years
tion as an immediate relative under section of age at the time a petition is filed on his
1151(b) of this title; or or her behalf for classification as an imme-
(G)(i) a child, younger than 16 years of age at diate relative under section 1151(b) of this
the time a petition is filed on the child’s be- title.
half to accord a classification as an immediate
relative under section 1151(b) of this title, who (2) The terms ‘‘parent’’, ‘‘father’’, or ‘‘mother’’
has been adopted in a foreign state that is a mean a parent, father, or mother only where the
party to the Convention on Protection of Chil- relationship exists by reason of any of the cir-
dren and Co-operation in Respect of Inter- cumstances set forth in subdivision (1) of this
country Adoption, done at The Hague on May subsection, except that, for purposes of para-
29, 1993, or who is emigrating from such a for- graph (1)(F) (other than the second proviso
eign state to be adopted in the United States therein) and paragraph (1)(G)(i) in the case of a
by a United States citizen and spouse jointly child born out of wedlock described in paragraph
or by an unmarried United States citizen who (1)(D) (and not described in paragraph (1)(C)),
is at least 25 years of age, Provided, That— the term ‘‘parent’’ does not include the natural
(I) the Secretary of Homeland Security is father of the child if the father has disappeared
satisfied that proper care will be furnished or abandoned or deserted the child or if the fa-
the child if admitted to the United States; ther has in writing irrevocably released the
(II) the child’s natural parents (or parent, child for emigration and adoption.
in the case of a child who has one sole or (3) The term ‘‘person’’ means an individual or
surviving parent because of the death or dis- an organization.
appearance of, abandonment or desertion by, (4) The term ‘‘immigration judge’’ means an
the other parent), or other persons or insti- attorney whom the Attorney General appoints
tutions that retain legal custody of the as an administrative judge within the Executive
child, have freely given their written irrev- Office for Immigration Review, qualified to con-
ocable consent to the termination of their duct specified classes of proceedings, including a
legal relationship with the child, and to the hearing under section 1229a of this title. An im-
child’s emigration and adoption; migration judge shall be subject to such super-
(III) in the case of a child having two liv- vision and shall perform such duties as the At-
ing natural parents, the natural parents are torney General shall prescribe, but shall not be
incapable of providing proper care for the employed by the Immigration and Naturaliza-
child; tion Service.
(IV) the Secretary of Homeland Security is (5) The term ‘‘adjacent islands’’ includes Saint
satisfied that the purpose of the adoption is Pierre, Miquelon, Cuba, the Dominican Repub-
lic, Haiti, Bermuda, the Bahamas, Barbados, Ja- (5) one who has been convicted of two or
maica, the Windward and Leeward Islands, Trin- more gambling offenses committed during
idad, Martinique, and other British, French, and such period;
Netherlands territory or possessions in or bor- (6) one who has given false testimony for the
dering on the Caribbean Sea. purpose of obtaining any benefits under this
(c) As used in subchapter III— chapter;
(1) The term ‘‘child’’ means an unmarried per- (7) one who during such period has been con-
son under twenty-one years of age and includes fined, as a result of conviction, to a penal in-
a child legitimated under the law of the child’s stitution for an aggregate period of one hun-
residence or domicile, or under the law of the fa- dred and eighty days or more, regardless of
ther’s residence or domicile, whether in the whether the offense, or offenses, for which he
United States or elsewhere, and, except as has been confined were committed within or
otherwise provided in sections 1431 and 1432 7 of without such period;
this title, a child adopted in the United States, (8) one who at any time has been convicted
if such legitimation or adoption takes place be- of an aggravated felony (as defined in sub-
fore the child reaches the age of 16 years (except section (a)(43)); or
to the extent that the child is described in sub- (9) one who at any time has engaged in con-
paragraph (E)(ii) or (F)(ii) of subsection (b)(1)), duct described in section 1182(a)(3)(E) of this
and the child is in the legal custody of the le- title (relating to assistance in Nazi persecu-
gitimating or adopting parent or parents at the tion, participation in genocide, or commission
time of such legitimation or adoption. of acts of torture or extrajudicial killings) or
(2) The terms ‘‘parent’’, ‘‘father’’, and ‘‘moth- 1182(a)(2)(G) of this title (relating to severe
er’’ include in the case of a posthumous child a violations of religious freedom).
deceased parent, father, and mother.
(d) Repealed. Pub. L. 100–525, § 9(a)(3), Oct. 24, The fact that any person is not within any of
1988, 102 Stat. 2619. the foregoing classes shall not preclude a finding
(e) For the purposes of this chapter— that for other reasons such person is or was not
(1) The giving, loaning, or promising of sup- of good moral character. In the case of an alien
port or of money or any other thing of value to who makes a false statement or claim of citizen-
be used for advocating any doctrine shall con- ship, or who registers to vote or votes in a Fed-
stitute the advocating of such doctrine; but eral, State, or local election (including an ini-
nothing in this paragraph shall be construed as tiative, recall, or referendum) in violation of a
an exclusive definition of advocating. lawful restriction of such registration or voting
(2) The giving, loaning, or promising of sup- to citizens, if each natural parent of the alien
port or of money or any other thing of value for (or, in the case of an adopted alien, each adop-
any purpose to any organization shall be pre- tive parent of the alien) is or was a citizen
sumed to constitute affiliation therewith; but (whether by birth or naturalization), the alien
nothing in this paragraph shall be construed as permanently resided in the United States prior
an exclusive definition of affiliation. to attaining the age of 16, and the alien reason-
(3) Advocating the economic, international, ably believed at the time of such statement,
and governmental doctrines of world com- claim, or violation that he or she was a citizen,
munism means advocating the establishment of no finding that the alien is, or was, not of good
a totalitarian Communist dictatorship in any or moral character may be made based on it.
all of the countries of the world through the me- (g) For the purposes of this chapter any alien
dium of an internationally coordinated Com- ordered deported or removed (whether before or
munist movement. after the enactment of this chapter) who has left
(f) For the purposes of this chapter— the United States, shall be considered to have
No person shall be regarded as, or found to be, been deported or removed in pursuance of law,
a person of good moral character who, during irrespective of the source from which the ex-
the period for which good moral character is re- penses of his transportation were defrayed or of
quired to be established is, or was— the place to which he departed.
(1) a habitual drunkard; (h) For purposes of section 1182(a)(2)(E) of this
(2) Repealed. Pub. L. 97–116, § 2(c)(1), Dec. 29, title, the term ‘‘serious criminal offense’’
1981, 95 Stat. 1611. means—
(3) a member of one or more of the classes of (1) any felony;
persons, whether inadmissible or not, de- (2) any crime of violence, as defined in sec-
scribed in paragraphs (2)(D), (6)(E), and (10)(A) tion 16 of title 18; or
of section 1182(a) of this title; or subpara- (3) any crime of reckless driving or of driv-
graphs (A) and (B) of section 1182(a)(2) of this ing while intoxicated or under the influence of
title and subparagraph (C) thereof of such sec- alcohol or of prohibited substances if such
tion 8 (except as such paragraph relates to a crime involves personal injury to another.
single offense of simple possession of 30 grams
or less of marihuana), if the offense described (i) With respect to each nonimmigrant alien
therein, for which such person was convicted described in subsection (a)(15)(T)(i)—
or of which he admits the commission, was (1) the Secretary of Homeland Security, the
committed during such period; Attorney General, and other Government offi-
(4) one whose income is derived principally cials, where appropriate, shall provide the
from illegal gambling activities; alien with a referral to a nongovernmental or-
ganization that would advise the alien regard-
7 See References in Text note below. ing the alien’s options while in the United
8 So in original. The phrase ‘‘of such section’’ probably should States and the resources available to the
not appear. alien; and
(2) the Secretary of Homeland Security § 2222(e), Oct. 21, 1998, 112 Stat. 2681–657, 2681–819;
shall, during the period the alien is in lawful Pub. L. 105–319, § 2(b)(1), (e)(2), formerly (d)(2),
temporary resident status under that sub- Oct. 30, 1998, 112 Stat. 3014, 3015, renumbered
section, grant the alien authorization to en- § 2(e)(2), Pub. L. 108–449, § 1(a)(3)(A), Dec. 10, 2004,
gage in employment in the United States and 118 Stat. 3470; Pub. L. 106–95, § 2(a), (c), Nov. 12,
provide the alien with an ‘‘employment au- 1999, 113 Stat. 1312, 1316; Pub. L. 106–139, § 1(a),
thorized’’ endorsement or other appropriate (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106–279,
work permit. title III, § 302(a), (c), Oct. 6, 2000, 114 Stat. 838,
(June 27, 1952, ch. 477, title I, § 101, 66 Stat. 166; 839; Pub. L. 106–386, div. A, § 107(e)(1), (4), div. B,
Pub. L. 85–316, §§ 1, 2, Sept. 11, 1957, 71 Stat. 639; title V, §§ 1503(a), § 1513(b), Oct. 28, 2000, 114 Stat.
Pub. L. 85–508, § 22, July 7, 1958, 72 Stat. 351; Pub. 1477, 1479, 1518, 1534; Pub. L. 106–395, title II,
L. 86–3, § 20(a), Mar. 18, 1959, 73 Stat. 13; Pub. L. § 201(a)(1), Oct. 30, 2000, 114 Stat. 1633; Pub. L.
87–256, § 109(a), (b), Sept. 21, 1961, 75 Stat. 534; 106–409, § 2(a), Nov. 1, 2000, 114 Stat. 1787; Pub. L.
Pub. L. 87–301, §§ 1, 2, 7, Sept. 26, 1961, 75 Stat. 106–536, § 1(a), Nov. 22, 2000, 114 Stat. 2560; Pub. L.
650, 653; Pub. L. 89–236, §§ 8, 24, Oct. 3, 1965, 79 106–553, § 1(a)(2) [title XI, §§ 1102(a), 1103(a)], Dec.
Stat. 916, 922; Pub. L. 89–710, Nov. 2, 1966, 80 Stat. 21, 2000, 114 Stat. 2762, 2762A–142, 2762A–144; Pub.
1104; Pub. L. 91–225, § 1, Apr. 7, 1970, 84 Stat. 116; L. 107–125, § 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub.
Pub. L. 94–155, Dec. 16, 1975, 89 Stat. 824; Pub. L. L. 107–274, § 2(a), (b), Nov. 2, 2002, 116 Stat. 1923;
94–484, title VI, § 601(b), (e), Oct. 12, 1976, 90 Stat. Pub. L. 108–77, title IV, § 402(a)(1), Sept. 3, 2003,
2301, 2302; Pub. L. 94–571, § 7(a), Oct. 20, 1976, 90 117 Stat. 939; Pub. L. 108–99, § 1, Oct. 15, 2003, 117
Stat. 2706; Pub. L. 94–484, title VI, § 602(c), Oct. Stat. 1176; Pub. L. 108–193, §§ 4(b)(1), (5), 8(a)(1),
12, 1976, as added Pub. L. 95–83, title III, Dec. 19, 2003, 117 Stat. 2878, 2879, 2886; Pub. L.
§ 307(q)(3), Aug. 1, 1977, 91 Stat. 395; Pub. L. 108–449, § 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat.
95–105, title I, § 109(b)(3), Aug. 17, 1977, 91 Stat. 3469, 3470; Pub. L. 108–458, title V, § 5504, Dec. 17,
847; Pub. L. 96–70, title III, § 3201(a), Sept. 27, 2004, 118 Stat. 3741; Pub. L. 109–13, div. B, title V,
1979, 93 Stat. 496; Pub. L. 96–212, title II, § 201(a), § 501(a), May 11, 2005, 119 Stat. 321; Pub. L. 109–90,
Mar. 17, 1980, 94 Stat. 102; Pub. L. 97–116, §§ 2, title V, § 536, Oct. 18, 2005, 119 Stat. 2087; Pub. L.
5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; 109–162, title VIII, §§ 801, 805(d), 811, 822(c)(1), Jan.
Priv. L. 98–47, § 3, Oct. 30, 1984, 98 Stat. 3435; Pub. 5, 2006, 119 Stat. 3053, 3056, 3057, 3063; Pub. L.
L. 99–505, § 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L. 109–248, title IV, § 402(b), July 27, 2006, 120 Stat.
99–603, title III, §§ 301(a), 312, 315(a), Nov. 6, 1986, 623; Pub. L. 110–229, title VII, § 702(j)(1)–(3), May
100 Stat. 3411, 3434, 3439; Pub. L. 99–653, §§ 2, 3, 8, 2008, 122 Stat. 866; Pub. L. 110–391, § 2(a), Oct.
Nov. 14, 1986, 100 Stat. 3655; Pub. L. 100–459, title 10, 2008, 122 Stat. 4193; Pub. L. 110–457, title II,
II, § 210(a), Oct. 1, 1988, 102 Stat. 2203; Pub. L. §§ 201(a), 235(d)(1), Dec. 23, 2008, 122 Stat. 5052,
100–525, §§ 2(o)(1), 8(b), 9(a), Oct. 24, 1988, 102 Stat. 5079; Pub. L. 111–9, § 1, Mar. 20, 2009, 123 Stat. 989;
2613, 2617, 2619; Pub. L. 100–690, title VII, § 7342, Pub. L. 111–83, title V, § 568(a)(1), Oct. 28, 2009, 123
Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101–162, title Stat. 2186; Pub. L. 111–287, § 3, Nov. 30, 2010, 124
VI, § 611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. Stat. 3058; Pub. L. 111–306, § 1(a), Dec. 14, 2010, 124
101–238, § 3(a), Dec. 18, 1989, 103 Stat. 2100; Pub. L. Stat. 3280; Pub. L. 112–176, § 3, Sept. 28, 2012, 126
101–246, title I, § 131(b), Feb. 16, 1990, 104 Stat. 31; Stat. 1325; Pub. L. 113–4, title VIII, § 801, title
Pub. L. 101–649, title I, §§ 123, 151(a), 153(a), XII, §§ 1221, 1222, Mar. 7, 2013, 127 Stat. 110, 144;
162(f)(2)(A), title II, §§ 203(c), 204(a), (c), 205(c)(1), Pub. L. 113–76, div. K, title VII, § 7083, Jan. 17,
(d), (e), 206(c), 207(a), 208, 209(a), title IV, 2014, 128 Stat. 567.)
§ 407(a)(2), title V, §§ 501(a), 509(a), title VI,
AMENDMENT OF SUBSECTION (a)(15)(H)(i)
§ 603(a)(1), Nov. 29, 1990, 104 Stat. 4995, 5004, 5005,
5012, 5018–5020, 5022, 5023, 5026, 5027, 5040, 5048, For termination of amendment by section
5051, 5082; Pub. L. 102–110, § 2(a), Oct. 1, 1991, 105 107(c) of Pub. L. 108–77, see Effective and Ter-
Stat. 555; Pub. L. 102–232, title II, §§ 203(a), mination Dates of 2003 Amendment note below.
205(a)–(c), 206(b), (c)(1), (d), 207(b), title III, REFERENCES IN TEXT
§§ 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1),
This chapter, referred to in subsecs. (a), (b) (except
306(a)(1), 309(b)(1), (4), Dec. 12, 1991, 105 Stat. 1737, par. (1)(G)(ii)), (c), and (e)–(g), was in the original, ‘‘this
1740, 1741, 1746–1748, 1750, 1751, 1758; Pub. L. Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163,
103–236, title I, § 162(h)(1), Apr. 30, 1994, 108 Stat. known as the Immigration and Nationality Act, which
407; Pub. L. 103–322, title XIII, § 130003(a), Sept. is classified principally to this chapter. For complete
13, 1994, 108 Stat. 2024; Pub. L. 103–337, div. C, classification of this Act to the Code, see Short Title
title XXXVI, § 3605, Oct. 5, 1994, 108 Stat. 3113; note set out below and Tables.
Pub. L. 103–416, title II, §§ 201, 202, 214, 219(a), The Headquarters Agreement with the United Na-
222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, tions (61 Stat. 758), referred to in subsec. (a)(15)(C), is
set out as a note under section 287 of Title 22, Foreign
4320; Pub. L. 104–51, § 1, Nov. 15, 1995, 109 Stat. Relations and Intercourse.
467; Pub. L. 104–132, title IV, § 440(b), (e), Apr. 24, Section 1184(l) of this title, referred to in subsec.
1996, 110 Stat. 1277; Pub. L. 104–208, div. C, title (a)(15)(F)(i), probably means the subsec. (l) of section
I, § 104(a), title III, §§ 301(a), 308(d)(3)(A), (4)(A), 1184 which relates to nonimmigrant elementary and
(e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A), secondary school students and was added by Pub. L.
361(a), 371(a), title VI, §§ 601(a)(1), 625(a)(2), 104–208, div. C, title VI, § 625(a)(1), Sept. 30, 1996, 110
671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat. Stat. 3009–699, and redesignated subsec. (m) of section
3009–555, 3009–575, 3009–617, 3009–620, 3009–621, 1184 by Pub. L. 106–386, div. A, § 107(e)(2)(A), Oct. 28,
2000, 114 Stat. 1478.
3009–627 to 3009–629, 3009–644, 3009–645, 3009–689, The International Organizations Immunities Act (59
3009–700, 3009–721 to 3009–723; Pub. L. 105–54, § 1(a), Stat. 669), referred to in subsec. (a)(15)(G)(i), is act Dec.
Oct. 6, 1997, 111 Stat. 1175; Pub. L. 105–119, title 29, 1945, ch. 652, title I, 59 Stat. 669, which is classified
I, § 113, Nov. 26, 1997, 111 Stat. 2460; Pub. L. principally to subchapter XVIII (§ 288 et seq.) of chapter
105–277, div. C, title IV, § 421, div. G, title XXII, 7 of Title 22, Foreign Relations and Intercourse. For
complete classification of this Act to the Code, see Subsec. (a)(52). Pub. L. 111–306, § 1(a)(2), added par.
Short Title note set out under section 288 of Title 22 (52).
and Tables. Subsec. (b)(1)(G). Pub. L. 111–287 amended subpar. (G)
Subsection (p) of section 1184 of this title, referred to generally. Prior to amendment, subpar. (G) provided
in subsec. (a)(15)(K), was redesignated as subsec. (r) of that the term ‘‘child’’ includes a child who is migrating
section 1184 by Pub. L. 108–193, § 8(a)(3), Dec. 19, 2003, 117 from certain foreign states to the United States to be
Stat. 2886. adopted if the Attorney General is satisfied that cer-
Section 3(a) of the Selective Training and Service Act tain criteria are met.
of 1940, as amended (54 Stat. 885; 55 Stat. 844), referred 2009—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 111–83 sub-
to in subsec. (a)(19), was classified to section 303 of the stituted ‘‘September 30, 2012,’’ for ‘‘September 30,
former Appendix to Title 50, War and National Defense, 2009,’’.
and was omitted from the Code as obsolete. Pub. L. 111–9 substituted ‘‘September 30, 2009,’’ for
The Selective Service Act of 1948, referred to in sub- ‘‘March 6, 2009,’’.
sec. (a)(19), was redesignated the Universal Military 2008—Subsec. (a)(15)(D)(ii). Pub. L. 110–229, § 702(j)(1),
Training and Service Act by act June 19, 1951, 65 Stat. inserted ‘‘or the Commonwealth of the Northern Mari-
75, and then redesignated the Military Selective Serv- ana Islands’’ after ‘‘Guam’’ in two places.
ice Act of 1967 by act June 30, 1967, Pub. L. 90–40, 81 Subsec. (a)(15)(T)(i). Pub. L. 110–457, § 201(a)(1)(A), sub-
Stat. 100, and subsequently redesignated the Military stituted ‘‘Security, in consultation with the Attorney
Selective Service Act by Pub. L. 92–129, title I, General,’’ for ‘‘Security and the Attorney General
§ 101(a)(1), Sept. 28, 1971, 85 Stat. 348. jointly;’’ in introductory provisions.
The Immigration Technical Corrections Act of 1988, Subsec. (a)(15)(T)(i)(I). Pub. L. 110–457, § 201(a)(1)(B),
referred to in subsec. (a)(27)(L)(iii), is Pub. L. 100–525, substituted semicolon for comma at end.
Oct. 24, 1988, 102 Stat. 2609. For complete classification Subsec. (a)(15)(T)(i)(II). Pub. L. 110–457, § 201(a)(1)(C),
of this Act to the Code, see Short Title of 1988 Amend- inserted at end ‘‘including physical presence on ac-
ments note set out below and Tables. count of the alien having been allowed entry into the
The Immigration and Nationality Technical Correc- United States for participation in investigative or judi-
tions Act of 1994, referred to in subsec. (a)(27)(L)(iii), is cial processes associated with an act or a perpetrator of
Pub. L. 103–416, Oct. 25, 1994, 108 Stat. 4305. For com- trafficking;’’.
plete classification of this Act to the Code, see Short Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 110–457,
Title of 1994 Amendment note set out below and Tables. § 201(a)(1)(D)(i), (iii), added item (bb). Former item (bb)
The American Competitiveness and Workforce Im- redesignated (cc).
provement Act of 1998, referred to in subsec. Subsec. (a)(15)(T)(i)(III)(cc). Pub. L. 110–457,
(a)(27)(L)(iii), is Pub. L. 105–277, div. C, title IV, Oct. 21, § 201(a)(1)(D)(ii), (iv), redesignated item (bb) as (cc) and
1998, 112 Stat. 2681–641. For complete classification of substituted ‘‘; and’’ for ‘‘, and’’.
this Act to the Code, see Short Title of 1998 Amend- Subsec. (a)(15)(T)(ii)(III). Pub. L. 110–457, § 201(a)(2),
ment note set out below and Tables. added subcl. (III).
Section 902(d)(1)(B) of the Haitian Refugee Immigra- Subsec. (a)(15)(T)(iii). Pub. L. 110–457, § 201(a)(1)(E),
tion Fairness Act of 1998, referred to in subsec. (3), struck out cl. (iii) which read as follows: ‘‘if the
(a)(51)(E), is Pub. L. 105–277, div. A, § 101(h) [title IX, Secretary of Homeland Security, in his or her discre-
§ 902(d)(1)(B)], which is set out as a note under section tion and with the consultation of the Attorney General,
1255 of this title. determines that a trafficking victim, due to psycho-
Section 202(d)(1) of the Nicaraguan Adjustment and logical or physical trauma, is unable to cooperate with
Central American Relief Act, referred to in subsec. a request for assistance described in clause (i)(III)(aa),
(a)(51)(F), is section 202(d)(1) of Pub. L. 105–100, which is the request is unreasonable.’’
set out as a note under section 1255 of this title. Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 110–391 sub-
Section 309 of the Illegal Immigration Reform and stituted ‘‘March 6, 2009,’’ for ‘‘October 1, 2008,’’.
Immigrant Responsibility Act of 1996, referred to in Subsec. (a)(27)(J)(i). Pub. L. 110–457, § 235(d)(1)(A), sub-
subsec. (a)(51)(G), is section 309 of div. C of Pub. L. stituted ‘‘State, or an individual or entity appointed by
104–208, which is set out as a note under this section. a State or juvenile court located in the United States,
Section 1432 of this title, referred to in subsec. (c)(1), and whose reunification with 1 or both of the immi-
was repealed by Pub. L. 106–395, title I, § 103(a), Oct. 30, grant’s parents is not viable due to abuse, neglect,
2000, 114 Stat. 1632. abandonment, or a similar basis found under State
law;’’ for ‘‘State and who has been deemed eligible by
CODIFICATION
that court for long-term foster care due to abuse, ne-
September 30, 1996, referred to in the concluding pro- glect, or abandonment;’’.
visions of subsec. (a)(43), was in the original ‘‘the date Subsec. (a)(27)(J)(iii). Pub. L. 110–457, § 235(d)(1)(B)(i),
of enactment of this paragraph’’, which was translated substituted ‘‘the Secretary of Homeland Security con-
as meaning the date of enactment of section 321(b) of sents to the grant of special immigrant juvenile
Pub. L. 104–208, which inserted that language, to reflect status,’’ for ‘‘the Attorney General expressly consents
the probable intent of Congress. to the dependency order serving as a precondition to
the grant of special immigrant juvenile status;’’ in in-
AMENDMENTS troductory provisions.
2014—Subsec. (b)(1)(F)(i). Pub. L. 113–76 substituted Subsec. (a)(27)(J)(iii)(I). Pub. L. 110–457,
‘‘who is at least 25 years of age, at least 1 of whom per- § 235(d)(1)(B)(ii), substituted ‘‘in the custody of the Sec-
sonally saw and observed the child before or during the retary of Health and Human Services unless the Sec-
adoption proceedings;’’ for ‘‘at least twenty-five years retary of Health and Human Services specifically con-
of age, who personally saw and observed the child prior sents to such jurisdiction;’’ for ‘‘in the actual or con-
to or during the adoption proceedings;’’. structive custody of the Attorney General unless the
2013—Subsec. (a)(15)(T)(ii)(III). Pub. L. 113–4, § 1221, in- Attorney General specifically consents to such jurisdic-
serted ‘‘, or any adult or minor children of a derivative tion;’’.
beneficiary of the alien, as’’ after ‘‘18 years of age’’. Subsec. (a)(36), (38). Pub. L. 110–229, § 702(j)(2), (3), sub-
Subsec. (a)(15)(U)(iii). Pub. L. 113–4, §§ 801, 1222, in- stituted ‘‘the Virgin Islands of the United States, and
serted ‘‘stalking;’’ after ‘‘sexual exploitation;’’ and the Commonwealth of the Northern Mariana Islands’’
‘‘fraud in foreign labor contracting (as defined in sec- for ‘‘and the Virgin Islands of the United States’’.
tion 1351 of title 18);’’ after ‘‘perjury;’’. 2006—Subsec. (a)(15)(K)(i), (ii). Pub. L. 109–248, which
2012—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 112–176 directed insertion of ‘‘(other than a citizen described in
substituted ‘‘September 30, 2015’’ for ‘‘September 30, section 1154(a)(1)(A)(viii)(I) of this title)’’ after ‘‘citizen
2012’’. of the United States’’ each place appearing in section
2010—Subsec. (a)(15)(F)(i). Pub. L. 111–306, § 1(a)(1), 101(a)(15)(K), without specifying the Act to be amended,
substituted ‘‘an accredited language’’ for ‘‘a language’’. was executed to subsec. (a)(15)(K) of this section, which
is section 101 of the Immigration and Nationality Act, Pub. L. 108–449, § 1(a)(2)(B), amended Pub. L. 105–319,
to reflect the probable intent of Congress. § 2(d)(2). See 1998 Amendment note below.
Subsec. (a)(15)(T)(i). Pub. L. 109–162, § 801(a)(1)(A), sub- Subsec. (f)(9). Pub. L. 108–458 added par. (9).
stituted ‘‘Secretary of Homeland Security, or in the 2003—Subsec. (a)(15)(H)(i). Pub. L. 108–77, §§ 107(c),
case of subclause (III)(aa) the Secretary of Homeland 402(a)(1), temporarily substituted ‘‘1182(n)(1) of this
Security and the Attorney General jointly;’’ for ‘‘At- title, or (b1) who is entitled to enter the United States
torney General’’. under and in pursuance of the provisions of an agree-
Subsec. (a)(15)(T)(i)(III)(aa). Pub. L. 109–162, ment listed in section 1184(g)(8)(A) of this title, who is
§ 801(a)(1)(B)(i), inserted ‘‘Federal, State, or local’’ be- engaged in a specialty occupation described in section
fore ‘‘investigation’’. 1184(i)(3) of this title, and with respect to whom the
Pub. L. 109–162, § 801(a)(1)(B)(ii), which directed sub- Secretary of Labor determines and certifies to the Sec-
stitution of ‘‘or the investigation of crime where acts retary of Homeland Security and the Secretary of
of trafficking are at least one central reason for the State that the intending employer has filed with the
commission of that crime; or’’ for ‘‘, or’’, was executed Secretary of Labor an attestation under section
by making the substitution for ‘‘, or’’ the second time 1182(t)(1) of this title, or (c)’’ for ‘‘1182(n)(1) of this title,
appearing to reflect the probable intent of Congress. or (c)’’. See Effective and Termination Dates of 2003
Subsec. (a)(15)(T)(i)(IV). Pub. L. 109–162, § 801(a)(1)(C), Amendment note below.
struck out ‘‘and’’ at end. Subsec. (a)(15)(T). Pub. L. 108–193, § 8(a)(1)(A), (B), sub-
Subsec. (a)(15)(T)(ii). Pub. L. 109–162, § 801(a)(2), stituted ‘‘1184(o) of this title,’’ for ‘‘1184(n) of this
amended cl. (ii) generally. Prior to amendment, cl. (ii) title,’’ and realigned margins.
read as follows: ‘‘if the Attorney General considers it Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108–193,
necessary to avoid extreme hardship— § 4(b)(1)(A), substituted ‘‘18 years of age,’’ for ‘‘15 years
‘‘(I) in the case of an alien described in clause (i) of age,’’.
who is under 21 years of age, the spouse, children, un- Subsec. (a)(15)(T)(ii)(I). Pub. L. 108–193, § 4(b)(1)(B), in-
married siblings under 18 years of age on the date on serted ‘‘unmarried siblings under 18 years of age on the
which such alien applied for status under such clause, date on which such alien applied for status under such
and parents of such alien; and clause,’’ before ‘‘and parents’’.
‘‘(II) in the case of an alien described in clause (i) Subsec. (a)(15)(U). Pub. L. 108–193, § 8(a)(1)(A), (C), sub-
who is 21 years of age or older, the spouse and chil- stituted ‘‘1184(p) of this title,’’ for ‘‘1184(o) of this
dren of such alien, title,’’ in cl. (i) and realigned margins.
if accompanying, or following to join, the alien de- Subsec. (a)(15)(V). Pub. L. 108–193, § 8(a)(1)(D), sub-
scribed in clause (i);’’. stituted ‘‘1184(q) of this title,’’ for ‘‘1184(o) of this
Subsec. (a)(15)(T)(iii). Pub. L. 109–162, § 801(a)(3), added title,’’ in introductory provisions.
cl. (iii). Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108–99 sub-
Subsec. (a)(15)(U)(i). Pub. L. 109–162, § 801(b)(1), substituted ‘‘2008,’’ for ‘‘2003,’’.
stituted ‘‘Secretary of Homeland Security’’ for ‘‘Attor- Subsec. (a)(43)(K)(iii). Pub. L. 108–193, § 4(b)(5), amend-
ney General’’. ed cl. (iii) generally. Prior to amendment, cl. (iii) read
Subsec. (a)(15)(U)(ii). Pub. L. 109–162, § 801(b)(2), as follows: ‘‘is described in section 1581, 1582, 1583, 1584,
amended cl. (ii) generally. Prior to amendment, cl. (ii) 1585, or 1588 of title 18 (relating to peonage, slavery, and
read as follows: ‘‘if the Attorney General considers it involuntary servitude);’’.
necessary to avoid extreme hardship to the spouse, the 2002—Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107–274, § 2(a),
child, or, in the case of an alien child, the parent of the added cls. (ii) and (iii) and struck out former cl. (ii)
alien described in clause (i), the Attorney General may which read as follows: ‘‘and (ii) the alien spouse and
also grant status under this paragraph based upon cer- minor children of any such alien if accompanying him
tification of a government official listed in clause or following to join him;’’.
(i)(III) that an investigation or prosecution would be Subsec. (a)(15)(L). Pub. L. 107–125 inserted ‘‘subject to
harmed without the assistance of the spouse, the child, section 1184(c)(2) of this title,’’ before ‘‘an alien who’’.
or, in the case of an alien child, the parent of the alien; Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107–274, § 2(b),
and’’. added cls. (ii) and (iii) and struck out former cl. (ii)
Subsec. (a)(51). Pub. L. 109–162, § 811, added par. (51). which read as follows: ‘‘and (ii) the alien spouse and
Subsec. (b)(1)(E)(i). Pub. L. 109–162, § 805(d), inserted minor children of any such alien if accompanying him
before colon ‘‘or if the child has been battered or sub- or following to join him;’’.
ject to extreme cruelty by the adopting parent or by a 2000—Subsec. (a)(15)(K). Pub. L. 106–553, § 1(a)(2) [title
family member of the adopting parent residing in the XI, § 1103(a)], amended subpar. (K) generally. Prior to
same household’’. amendment, subpar. (K) read as follows: ‘‘an alien who
Subsec. (f)(3). Pub. L. 109–162, § 822(c)(1), substituted is the fiancée or fiancé of a citizen of the United States
‘‘(10)(A)’’ for ‘‘(9)(A)’’. and who seeks to enter the United States solely to con-
Subsec. (i)(1). Pub. L. 109–162, § 801(c)(1), substituted clude a valid marriage with the petitioner within nine-
‘‘Secretary of Homeland Security, the Attorney Gen- ty days after admission, and the minor children of such
eral,’’ for ‘‘Attorney General’’. fiancée or fiancé accompanying him or following to
Subsec. (i)(2). Pub. L. 109–162, § 801(c)(2), substituted join him;’’.
‘‘Secretary of Homeland Security’’ for ‘‘Attorney Gen- Subsec. (a)(15)(T). Pub. L. 106–386, § 107(e)(1), added
eral’’. subpar. (T).
2005—Subsec. (a)(15)(E)(iii). Pub. L. 109–13 added cl. Subsec. (a)(15)(U). Pub. L. 106–386, § 1513(b), added sub-
(iii). par. (U).
Subsec. (a)(15)(H)(ii)(a). Pub. L. 109–90 substituted Subsec. (a)(15)(V). Pub. L. 106–553, § 1(a)(2) [title XI,
‘‘, agriculture as defined in section 203(f) of title 29, and § 1102(a)], added subpar. (V).
the pressing of apples for cider on a farm,’’ for ‘‘and ag- Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106–409 sub-
riculture as defined in section 203(f) of title 29,’’ and stituted ‘‘2003,’’ for ‘‘2000,’’.
made technical amendment to reference in original act Subsec. (a)(27)(M). Pub. L. 106–536 added subpar. (M).
which appears in text as reference to section 3121(g) of Subsec. (a)(50). Pub. L. 106–386, § 1503(a), added par.
title 26. (50).
2004—Subsec. (a)(15)(Q). Pub. L. 108–449, § 1(b)(1), sub- Subsec. (b)(1)(G). Pub. L. 106–279, § 302(a), added sub-
stituted ‘‘Secretary of Homeland Security’’ for ‘‘Attor- par. (G).
ney General’’ in two places, ‘‘citizen of the United Subsec. (b)(2). Pub. L. 106–279, § 302(c), inserted ‘‘and
Kingdom or the Republic of Ireland, 21 to 35 years of paragraph (1)(G)(i)’’ after ‘‘second proviso therein)’’.
age, unemployed for not less than 12 months, and hav- Subsec. (f). Pub. L. 106–395 inserted at end: ‘‘In the
ing a residence for not less than 18 months’’ for ‘‘35 case of an alien who makes a false statement or claim
years of age or younger having a residence’’, and ‘‘24 of citizenship, or who registers to vote or votes in a
months)’’ for ‘‘36 months)’’. Federal, State, or local election (including an initia-
tive, recall, or referendum) in violation of a lawful re- for long-term foster care, and (ii) for whom it has been
striction of such registration or voting to citizens, if determined in administrative or judicial proceedings
each natural parent of the alien (or, in the case of an that it would not be in the alien’s best interest to be
adopted alien, each adoptive parent of the alien) is or returned to the alien’s or parent’s previous country of
was a citizen (whether by birth or naturalization), the nationality or country of last habitual residence; ex-
alien permanently resided in the United States prior to cept that no natural parent or prior adoptive parent of
attaining the age of 16, and the alien reasonably be- any alien provided special immigrant status under this
lieved at the time of such statement, claim, or viola- subparagraph shall thereafter, by virtue of such parent-
tion that he or she was a citizen, no finding that the age, be accorded any right, privilege, or status under
alien is, or was, not of good moral character may be this chapter; or’’.
made based on it.’’ 1996—Subsec. (a)(6). Pub. L. 104–208, § 104(a), inserted
Subsec. (i). Pub. L. 106–386, § 107(e)(4), added subsec. at end ‘‘Such regulations shall provide that (A) each
(i). such document include a biometric identifier (such as
1999—Subsec. (a)(15)(H)(i)(a). Pub. L. 106–95, § 2(c), the fingerprint or handprint of the alien) that is ma-
struck out subcl. (a) which read as follows: ‘‘who is chine readable and (B) an alien presenting a border
coming temporarily to the United States to perform crossing identification card is not permitted to cross
services as a registered nurse, who meets the qualifica- over the border into the United States unless the bio-
tions described in section 1182(m)(1) of this title, and metric identifier contained on the card matches the ap-
with respect to whom the Secretary of Labor deter- propriate biometric characteristic of the alien.’’
mines and certifies to the Attorney General that an un- Subsec. (a)(13). Pub. L. 104–208, § 301(a), amended par.
expired attestation is on file and in effect under section (13) generally. Prior to amendment, par. (13) read as
1182(m)(2) of this title for each facility (which facility follows: ‘‘The term ‘entry’ means any coming of an
shall include the petitioner and each worksite, other alien into the United States, from a foreign port or
than a private household worksite, if the worksite is place or from an outlying possession, whether volun-
not the alien’s employer or controlled by the employer) tarily or otherwise, except that an alien having a law-
for which the alien will perform the services, or’’. ful permanent residence in the United States shall not
Subsec. (a)(15)(H)(i)(c). Pub. L. 106–95, § 2(a), added be regarded as making an entry into the United States
subcl. (c). for the purposes of the immigration laws if the alien
Subsec. (b)(1)(E). Pub. L. 106–139, § 1(a)(1), designated proves to the satisfaction of the Attorney General that
existing provisions as cl. (i) and added cl. (ii). his departure to a foreign port or place or to an out-
Subsec. (b)(1)(F). Pub. L. 106–139, § 1(a)(2), designated lying possession was not intended or reasonably to be
existing provisions as cl. (i), substituted ‘‘; or’’ for pe- expected by him or his presence in a foreign port or
riod at end, and added cl. (ii). place or in an outlying possession was not voluntary:
Subsec. (c)(1). Pub. L. 106–139, § 1(b)(1), substituted ‘‘16 Provided, That no person whose departure from the
years (except to the extent that the child is described United States was occasioned by deportation proceed-
in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1)),’’ ings, extradition, or other legal process shall be held to
for ‘‘sixteen years,’’. be entitled to such exception.’’
1998—Subsec. (a)(9). Pub. L. 105–277, § 2222(e), inserted Subsec. (a)(15)(F)(i). Pub. L. 104–208, § 625(a)(2), in-
‘‘or employee’’ after ‘‘other officer’’ and ‘‘or, when used serted ‘‘consistent with section 1184(l) of this title’’
in subchapter III, for the purpose of adjudicating na- after ‘‘such a course of study’’.
tionality’’ before period at end. Subsec. (a)(15)(K). Pub. L. 104–208, § 308(f)(1)(A), sub-
Subsec. (a)(15)(N). Pub. L. 105–277, § 421(b), inserted stituted ‘‘admission’’ for ‘‘entry’’.
‘‘(or under analogous authority under paragraph Subsec. (a)(15)(S). Pub. L. 104–208, § 671(a)(3)(B), sub-
(27)(L))’’ after ‘‘(27)(I)(i)’’ in cl. (i) and after ‘‘(27)(I)’’ in stituted ‘‘section 1184(k)’’ for ‘‘section 1184(j)’’ in intro-
cl. (ii). ductory provisions.
Subsec. (a)(15)(Q). Pub. L. 105–319, § 2(e)(2), formerly Subsec. (a)(17). Pub. L. 104–208, § 308(d)(4)(A), sub-
§ 2(d)(2), renumbered § 2(e)(2) and amended Pub. L. stituted ‘‘expulsion, or removal’’ for ‘‘or expulsion’’.
108–449, § 1(a)(2)(B), (3)(A), struck out cl. (i) designation Subsec. (a)(30). Pub. L. 104–208, § 308(f)(1)(B), sub-
before ‘‘an alien having a residence’’ and struck out at stituted ‘‘admission’’ for ‘‘entry’’.
end: ‘‘or (ii)(I) an alien citizen of the United Kingdom Subsec. (a)(42). Pub. L. 104–208, § 601(a)(1), inserted at
or the Republic of Ireland, 21 to 35 years of age, unem- end ‘‘For purposes of determinations under this chap-
ployed for not less than 12 months, and having a resi- ter, a person who has been forced to abort a pregnancy
dence for not less than 18 months in Northern Ireland, or to undergo involuntary sterilization, or who has
or the counties of Louth, Monaghan, Cavan, Leitrim, been persecuted for failure or refusal to undergo such a
Sligo, and Donegal within the Republic of Ireland, procedure or for other resistance to a coercive popu-
which the alien has no intention of abandoning who is lation control program, shall be deemed to have been
coming temporarily (for a period not to exceed 24 persecuted on account of political opinion, and a person
months) to the United States as a participant in a cul- who has a well founded fear that he or she will be
tural and training program approved by the Secretary forced to undergo such a procedure or subject to perse-
of State and the Secretary of Homeland Security under cution for such failure, refusal, or resistance shall be
section 2(a) of the Irish Peace Process Cultural and deemed to have a well founded fear of persecution on
Training Program Act of 1998 for the purpose of provid- account of political opinion.’’
ing practical training, employment, and the experience Subsec. (a)(43). Pub. L. 104–208, § 321(b), inserted at
of coexistence and conflict resolution in a diverse soci- end of concluding provisions ‘‘Notwithstanding any
ety, and (II) the alien spouse and minor children of any other provision of law (including any effective date),
such alien if accompanying the alien or following to the term applies regardless of whether the conviction
join the alien;’’. was entered before, on, or after September 30, 1996.’’
Pub. L. 105–319, § 2(b)(1), designated existing provi- Subsec. (a)(43)(A). Pub. L. 104–208, § 321(a)(1), inserted
sions as cl. (i) and added cl. (ii). ‘‘, rape, or sexual abuse of a minor’’ after ‘‘murder’’.
Subsec. (a)(27)(L). Pub. L. 105–277, § 421(a), added sub- Subsec. (a)(43)(D). Pub. L. 104–208, § 321(a)(2), sub-
par. (L). stituted ‘‘$10,000’’ for ‘‘$100,000’’.
1997—Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105–54 sub- Subsec. (a)(43)(F). Pub. L. 104–208, § 322(a)(2)(A),
stituted ‘‘2000’’ for ‘‘1997’’. struck out ‘‘imposed (regardless of any suspension of
Subsec. (a)(27)(J). Pub. L. 105–119 amended subpar. (J) imprisonment)’’ after ‘‘term of imprisonment’’.
generally. Prior to amendment, subpar. (J) read as fol- Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one
lows: ‘‘an immigrant (i) who has been declared depend- year’’ for ‘‘is at least 5 years’’.
ent on a juvenile court located in the United States or Subsec. (a)(43)(G). Pub. L. 104–208, § 322(a)(2)(A), which
whom such a court has legally committed to, or placed directed amendment of subpar. (G) by striking out ‘‘im-
under the custody of, an agency or department of a posed (regardless of any suspension of imprisonment)’’,
State and who has been deemed eligible by that court was executed by striking out ‘‘imposed (regardless of
any suspension of such imprisonment)’’ after ‘‘term of Subsec. (a)(43)(Q). Pub. L. 104–132, § 440(e)(6), redesig-
imprisonment’’ to reflect the probable intent of Con- nated subpar. (P) as (Q). Former subpar. (Q) redesig-
gress. nated (U).
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one Subsec. (a)(43)(R). Pub. L. 104–208, § 321(a)(10), sub-
year’’ for ‘‘is at least 5 years’’. stituted ‘‘for which the term of imprisonment is at
Subsec. (a)(43)(J). Pub. L. 104–208, § 321(a)(4), sub- least one year’’ for ‘‘for which a sentence of 5 years’ im-
stituted ‘‘sentence of one year imprisonment’’ for ‘‘sen- prisonment or more may be imposed’’.
tence of 5 years’ imprisonment’’. Pub. L. 104–132, § 440(e)(8), added subpar. (R).
Pub. L. 104–132, § 440(e)(1), inserted ‘‘, or an offense de- Subsec. (a)(43)(S). Pub. L. 104–208, § 321(a)(11), sub-
scribed in section 1084 (if it is a second or subsequent stituted ‘‘for which the term of imprisonment is at
offense) or 1955 of that title (relating to gambling of- least one year’’ for ‘‘for which a sentence of 5 years’ im-
fenses),’’ after ‘‘corrupt organizations)’’. prisonment or more may be imposed’’.
Subsec. (a)(43)(K)(i). Pub. L. 104–132, § 440(e)(2)(A), Pub. L. 104–132, § 440(e)(8), added subpar. (S).
struck out ‘‘or’’ at end. Subsec. (a)(43)(T). Pub. L. 104–132, § 440(e)(8), added
Subsec. (a)(43)(K)(ii). Pub. L. 104–208, § 671(b)(5), subpar. (T).
struck out comma after ‘‘1588’’. Subsec. (a)(43)(U). Pub. L. 104–132, § 440(e)(6), redesig-
Pub. L. 104–208, § 321(a)(5), inserted ‘‘if committed’’ be- nated subpar. (Q) as (U).
fore ‘‘for commercial advantage’’. Subsec. (a)(47). Pub. L. 104–132, § 440(b), added par. (47).
Pub. L. 104–132, § 440(e)(2)(C), added cl. (ii). Former cl. Subsec. (a)(48). Pub. L. 104–208, § 322(a)(1), added par.
(ii) redesignated (iii). (48).
Subsec. (a)(43)(K)(iii). Pub. L. 104–132, § 440(e)(2)(B), re- Subsec. (a)(49). Pub. L. 104–208, § 361(a), added par. (49).
designated cl. (ii) as (iii). Subsec. (b)(4). Pub. L. 104–208, § 371(a), amended par.
Subsec. (a)(43)(L)(iii). Pub. L. 104–208, § 321(a)(6), added (4) generally. Prior to amendment, par. (4) read as fol-
cl. (iii). lows: ‘‘The term ‘special inquiry officer’ means any im-
Subsec. (a)(43)(M). Pub. L. 104–208, § 321(a)(7), sub-
migration officer who the Attorney General deems spe-
stituted ‘‘$10,000’’ for ‘‘$200,000’’ in cls. (i) and (ii).
cially qualified to conduct specified classes of proceed-
Subsec. (a)(43)(N). Pub. L. 104–208, § 322(a)(2)(A), which
ings, in whole or in part, required by this chapter to be
directed amendment of subpar. (N) by striking ‘‘im-
conducted by or before a special inquiry officer and who
posed (regardless of any suspension of imprisonment)’’,
is designated and selected by the Attorney General, in-
could not be executed because that phrase did not ap-
dividually or by regulation, to conduct such proceed-
pear subsequent to amendment by Pub. L. 104–208,
ings. Such special inquiry officer shall be subject to
§ 321(a)(8). See below.
Pub. L. 104–208, § 321(a)(8), substituted ‘‘, except in the such supervision and shall perform such duties, not in-
case of a first offense for which the alien has affirma- consistent with this chapter, as the Attorney General
tively shown that the alien committed the offense for shall prescribe.’’
the purpose of assisting, abetting, or aiding only the Subsec. (c)(1). Pub. L. 104–208, § 671(e)(2), substituted
alien’s spouse, child, or parent (and no other individ- ‘‘and 1432’’ for ‘‘, 1432, and 1433’’.
ual) to violate a provision of this chapter’’ for ‘‘for Subsec. (f)(3). Pub. L. 104–208, § 308(d)(3)(A), sub-
which the term of imprisonment imposed (regardless of stituted ‘‘inadmissible’’ for ‘‘excludable’’.
Subsec. (g). Pub. L. 104–208, § 308(e)(3), substituted
any suspension of imprisonment) at least one year;’’.
Pub. L. 104–208, § 321(a)(3), substituted ‘‘at least one ‘‘deported or removed’’ for ‘‘deported’’ in two places.
year’’ for ‘‘is at least 5 years’’. 1995—Subsec. (b)(1)(A). Pub. L. 104–51, § 1(1)(A), sub-
Pub. L. 104–132, § 440(e)(3), amended subpar. (N) gener- stituted ‘‘child born in wedlock’’ for ‘‘legitimate
ally. Prior to amendment, subpar. (N) read as follows: child’’.
‘‘an offense described in section 274(a)(1) of title 18, Subsec. (b)(1)(D). Pub. L. 104–51, § 1(1)(B), substituted
United States Code (relating to alien smuggling) for ‘‘a child born out of wedlock’’ for ‘‘an illegitimate
the purpose of commercial advantage;’’. child’’.
Subsec. (a)(43)(O). Pub. L. 104–132, § 440(e)(7), added Subsec. (b)(2). Pub. L. 104–51, § 1(2) substituted ‘‘a
subpar. (O). child born out of wedlock’’ for ‘‘an illegitimate child’’.
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as 1994—Subsec. (a)(1). Pub. L. 103–236 substituted ‘‘offi-
(P). cial designated by the Secretary of State pursuant to
Pub. L. 104–132, § 440(e)(4), amended subpar. (O) gener- section 1104(b) of this title’’ for ‘‘Assistant Secretary of
ally. Prior to amendment subpar. (O) read as follows: State for Consular Affairs’’.
‘‘an offense described in section 1546(a) of title 18 (relat- Subsec. (a)(15)(S). Pub. L. 103–322 added subpar. (S).
ing to document fraud) which constitutes trafficking in Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103–416, § 214,
the documents described in such section for which the substituted ‘‘1997,’’ for ‘‘1994,’’.
term of imprisonment imposed (regardless of any sus- Subsec. (a)(27)(D). Pub. L. 103–416, § 201, inserted ‘‘or
picion of such imprisonment) is at least 5 years;’’. of the American Institute in Taiwan,’’ after ‘‘Govern-
Subsec. (a)(43)(P). Pub. L. 104–208, § 322(a)(2)(A), which ment abroad,’’ and ‘‘(or, in the case of the American In-
directed amendment of subpar. (P) by striking out ‘‘im- stitute in Taiwan, the Director thereof)’’ after ‘‘Service
posed (regardless of any suspension of imprisonment)’’, establishment’’.
was executed by striking out ‘‘imposed (regardless of Subsec. (a)(27)(F)(ii). Pub. L. 103–337 inserted ‘‘or con-
any suspension of such imprisonment)’’ after ‘‘term of tinues to be employed by the United States Govern-
imprisonment’’ to reflect the probable intent of Con- ment in an area of the former Canal Zone’’ after ‘‘em-
gress. ployment’’.
Pub. L. 104–208, § 321(a)(9), substituted ‘‘12 months, ex- Subsec. (a)(27)(I)(iii)(II). Pub. L. 103–416, § 202, added
cept in the case of a first offense for which the alien subcl. (II) and struck out former subcl. (II) which read
has affirmatively shown that the alien committed the as follows: ‘‘files a petition for status under this sub-
offense for the purpose of assisting, abetting, or aiding paragraph before January 1, 1993, and no later than six
only the alien’s spouse, child, or parent (and no other months after the date of such retirement or six months
individual) to violate a provision of this chapter’’ for after October 24, 1988, whichever is later; or’’.
‘‘18 months’’. Subsec. (a)(27)(J)(i). Pub. L. 103–416, § 219(a), sub-
Pub. L. 104–208, § 321(a)(3), which directed amendment stituted ‘‘or whom such a court has legally committed
of subpar. (P) by substituting ‘‘at least one year’’ for to, or placed under the custody of, an agency or depart-
‘‘is at least 5 years’’, could not be executed because ‘‘is ment of a State and who has’’ for ‘‘and has’’ before
at least 5 years’’ did not appear subsequent to amend- ‘‘been deemed’’.
ments by Pub. L. 104–132, § 440(e)(4), (6). See above. Subsec. (a)(43). Pub. L. 103–416, § 222(a), amended par.
Pub. L. 104–132, § 440(e)(6), redesignated subpar. (O) as (43) generally. Prior to amendment, par. (43) read as
(P). Former subpar. (P) redesignated (Q). follows: ‘‘The term ‘aggravated felony’ means murder,
Pub. L. 104–132, § 440(e)(5), substituted ‘‘5 years or any illicit trafficking in any controlled substance (as
more;’’ for ‘‘15 years or more; and’’. defined in section 802 of title 21), including any drug
trafficking crime as defined in section 924(c)(2) of title Subsec. (a)(15)(H). Pub. L. 101–649, § 205(e)(1), struck
18, or any illicit trafficking in any firearms or destruc- out ‘‘having a residence in a foreign country which he
tive devices as defined in section 921 of such title, any has no intention of abandoning’’ after ‘‘an alien’’.
offense described in section 1956 of title 18 (relating to Subsec. (a)(15)(H)(i)(a). Pub. L. 101–649, § 162(f)(2)(A),
laundering of monetary instruments), or any crime of substituted ‘‘for each facility (which facility shall in-
violence (as defined in section 16 of title 18, not includ- clude the petitioner and each worksite, other than a
ing a purely political offense) for which the term of im- private household worksite, if the worksite is not the
prisonment imposed (regardless of any suspension of alien’s employer or controlled by the employer) for
such imprisonment) is at least 5 years, or any attempt which the alien will perform the services, or’’ for ‘‘for
or conspiracy to commit any such act. Such term ap- the facility for which the alien will perform the serv-
plies to offenses described in the previous sentence ices, or’’.
whether in violation of Federal or State law and also Subsec. (a)(15)(H)(i)(b). Pub. L. 101–649, § 205(c)(1), sub-
applies to offenses described in the previous sentence in stituted ‘‘who is coming temporarily to the United
violation of foreign law for which the term of imprison- States to perform services (other than services de-
ment was completed within the previous 15 years.’’ scribed in subclause (a) during the period in which such
1991—Subsec. (a)(15)(D)(i). Pub. L. 102–232, § 309(b)(1), subclause applies and other than services described in
inserted a comma after ‘‘States)’’. subclause (ii)(a) or in subparagraph (O) or (P)) in a spe-
Subsec. (a)(15)(H)(i)(b). Pub. L. 102–232, § 303(a)(7)(A), cialty occupation described in section 1184(i)(1) of this
struck out ‘‘, and had approved by,’’ after ‘‘has filed title, who meets the requirements for the occupation
with’’. specified in section 1184(i)(2) of this title, and with re-
Pub. L. 102–232, § 303(a)(5)(A), inserted ‘‘subject to sec- spect to whom the Secretary of Labor determines and
tion 1182(j)(2) of this title,’’ after ‘‘or (b)’’. certifies to the Attorney General that the intending
Pub. L. 102–232, § 207(b), inserted ‘‘or as a fashion employer has filed with, and had approved by, the Sec-
model’’ after ‘‘section 1184(i)(1) of this title’’ and ‘‘or, in retary an application under section 1182(n)(1) of this
the case of a fashion model, is of distinguished merit title’’ for ‘‘who is of distinguished merit and ability
and ability’’ after ‘‘section 1184(i)(2) of this title’’. and who is coming temporarily to the United States to
Subsec. (a)(15)(O)(i). Pub. L. 102–232, § 205(b), struck perform services (other than services as a registered
out before semicolon at end ‘‘, but only if the Attorney nurse) of an exceptional nature requiring such merit
General determines that the alien’s entry into the and ability, and who, in the case of a graduate of a
United States will substantially benefit prospectively medical school coming to the United States to perform
the United States’’. services as a member of the medical profession, is com-
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102–232, § 205(c), ing pursuant to an invitation from a public or non-
substituted ‘‘significant production (including pre- and profit private educational or research institution or
post-production work)’’ for ‘‘significant principal pho- agency in the United States to teach or conduct re-
tography’’. search, or both, at or for such institution or agency’’.
Subsec. (a)(15)(P)(i). Pub. L. 102–232, § 203(a), amended Subsec. (a)(15)(H)(ii). Pub. L. 101–649, § 205(e)(2), (3),
cl. (i) generally. Prior to amendment, cl. (i) read as fol- substituted ‘‘(a) having a residence in a foreign country
lows: which he has no intention of abandoning who is coming
‘‘(I) performs as an athlete, individually or as part of temporarily to the United States’’ for ‘‘who is coming
a group or team, at an internationally recognized level temporarily to the United States (a)’’, and in subcl. (b)
of performance, or performs as part of an entertain- inserted ‘‘having a residence in a foreign country which
ment group that has been recognized internationally as he has no intention of abandoning who is coming tem-
being outstanding in the discipline for a sustained and porarily to the United States’’ after ‘‘(b)’’.
substantial period of time and has had a sustained and Subsec. (a)(15)(H)(iii). Pub. L. 101–649, § 205(e)(4), in-
substantial relationship with that group over a period serted ‘‘having a residence in a foreign country which
of at least 1 year and provides functions integral to the he has no intention of abandoning’’ after ‘‘(iii)’’.
performance of the group, and Pub. L. 101–649, § 205(d), inserted ‘‘, in a training pro-
‘‘(II) seeks to enter the United States temporarily gram that is not designed primarily to provide produc-
and solely for the purpose of performing as such an ath- tive employment’’ before semicolon at end.
lete or entertainer with respect to a specific athletic Subsec. (a)(15)(L). Pub. L. 101–649, § 206(c), substituted
competition or performance;’’. ‘‘within 3 years preceding’’ for ‘‘immediately preced-
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102–232, § 206(b), (c)(1), ing’’.
inserted ‘‘or organizations’’ after ‘‘and an organiza- Subsec. (a)(15)(O), (P). Pub. L. 101–649, § 207(a), added
tion’’ and struck out before semicolon at end subpars. (O) and (P).
‘‘, between the United States and the foreign states in- Subsec. (a)(15)(Q). Pub. L. 101–649, § 208, added subpar.
volved’’. (Q).
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102–232, § 206(d), sub- Subsec. (a)(15)(R). Pub. L. 101–649, § 209(a), added sub-
stituted ‘‘to perform, teach, or coach’’ for ‘‘for the pur- par. (R).
pose of performing’’ and inserted ‘‘commercial or non- Subsec. (a)(27)(C). Pub. L. 101–649, § 151(a), amended
commercial’’ before ‘‘program’’. subpar. (C) generally. Prior to amendment, subpar. (C)
Subsec. (a)(15)(Q). Pub. L. 102–232, § 303(a)(14), sub- read as follows: ‘‘(i) an immigrant who continuously for
stituted ‘‘approved’’ for ‘‘designated’’. at least two years immediately preceding the time of
Subsec. (a)(24). Pub. L. 102–232, § 305(m)(1), struck out his application for admission to the United States has
par. (24) which defined ‘‘naturalization court’’. been, and who seeks to enter the United States solely
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102–232, for the purpose of carrying on the vocation of minister
§ 302(e)(8)(A), substituted ‘‘files a petition for status’’ of a religious denomination, and whose services are
for ‘‘applies for a visa or adjustment of status’’. needed by such religious denomination having a bona
Subsec. (a)(27)(K). Pub. L. 102–110 added subpar. (K). fide organization in the United States; and (ii) the
Subsec. (a)(43). Pub. L. 102–232, § 306(a)(1), struck out spouse or the child of any such immigrant, if accom-
comma before period at end of first sentence. panying or following to join him;’’.
Subsec. (a)(46). Pub. L. 102–232, § 205(a), added par. (46). Subsec. (a)(27)(J). Pub. L. 101–649, § 153(a), added sub-
Subsec. (c)(1). Pub. L. 102–232, § 309(b)(4), struck out par. (J).
reference to section 1434. Subsec. (a)(36). Pub. L. 101–649, § 407(a)(2), struck out
1990—Subsec. (a)(15)(D)(i). Pub. L. 101–649, § 203(c), ‘‘(except as used in section 1421(a) of this title)’’ after
substituted ‘‘a capacity’’ for ‘‘any capacity’’ and in- ‘‘includes’’.
serted ‘‘, as defined in section 1288(a) of this title’’ after Subsec. (a)(43). Pub. L. 101–649, § 501(a)(6), inserted
‘‘on board a vessel’’. ‘‘and also applies to offenses described in the previous
Subsec. (a)(15)(E)(i). Pub. L. 101–649, § 204(a), inserted sentence in violation of foreign law for which the term
‘‘, including trade in services or trade in technology’’ of imprisonment was completed within the previous 15
after ‘‘substantial trade’’. years’’ after ‘‘Federal or State law’’.
Pub. L. 101–649, § 501(a)(5), inserted at end ‘‘Such term subcl. (a) relating to persons performing agricultural
applies to offenses described in the previous sentence labor or services as defined by the Secretary of Labor
whether in violation of Federal or State law.’’ in regulations and including agricultural labor as de-
Pub. L. 101–649, § 501(a)(4), struck out ‘‘committed fined in section 3121(g) of title 26 and agriculture as de-
within the United States’’ after ‘‘to commit any such fined in section 203(f) of title 29 of a temporary or sea-
act,’’. sonal nature.
Pub. L. 101–649, § 501(a)(3), inserted ‘‘any offense de- Subsec. (a)(15)(N). Pub. L. 99–603, § 312(b), added sub-
scribed in section 1956 of title 18 (relating to laundering par. (N).
of monetary instruments), or any crime of violence (as Subsec. (a)(27)(I). Pub. L. 99–603, § 312(a), added sub-
defined in section 16 of title 18, not including a purely par. (I).
political offense) for which the term of imprisonment Subsec. (b)(1)(D). Pub. L. 99–603, § 315(a), inserted ‘‘or
imposed (regardless of any suspension of such imprison- to its natural father if the father has or had a bona fide
ment) is at least 5 years,’’ after ‘‘section 921 of such parent-child relationship with the person’’.
title,’’. Subsec. (b)(1)(E). Pub. L. 99–653, § 2, struck out
Pub. L. 101–649, § 501(a)(2), inserted ‘‘any illicit traf- ‘‘thereafter’’ after ‘‘the child has’’.
ficking in any controlled substance (as defined in sec- Subsec. (c)(1). Pub. L. 99–653, § 3, which struck out
tion 802 of title 21), including’’ after ‘‘murder,’’. par. (1) defining ‘‘child’’, was repealed by Pub. L.
Pub. L. 101–649, § 501(a)(1), aligned margin of par. (43). 100–525, § 8(b), and such par. (1) was revived as of Nov.
Subsec. (a)(44). Pub. L. 101–649, § 123, added par. (44). 14, 1986, see Repeal and Revival note below.
Subsec. (a)(45). Pub. L. 101–649, § 204(c), added par. (45). 1984—Subsec. (a)(9). Priv. L. 98–47 struck out provi-
Subsec. (f)(3). Pub. L. 101–649, § 603(a)(1)(A), sub- sions which directed that in Canal Zone and outlying
stituted ‘‘paragraphs (2)(D), (6)(E), and (9)(A)’’ for possessions of the United States ‘‘consular officer’’
‘‘paragraphs (11), (12), and (31)’’. meant an officer designated by the Governor of the
Pub. L. 101–649, § 603(a)(1)(B), substituted ‘‘subpara- Canal Zone, or the governors of the outlying posses-
graphs (A) and (B) of section 1182(a)(2) of this title and sions for purposes of issuing immigrant or non-
subparagraph (C) thereof’’ for ‘‘paragraphs (9) and (10) immigrant visas under this chapter.
of section 1182(a) of this title and paragraph (23)’’. 1981—Subsec. (a)(15)(F). Pub. L. 97–116, §§ 2(a)(1),
Subsec. (f)(8). Pub. L. 101–649, § 509(a), substituted ‘‘an 18(a)(1), substituted in cl. (i) ‘‘college, university, semi-
aggravated felony (as defined in subsection (a)(43))’’ for nary, conservatory, academic high school, elementary
‘‘the crime of murder’’. school, or other academic institution or in a language
Subsec. (h). Pub. L. 101–649, § 603(a)(1)(C), substituted training program’’ for ‘‘institution of learning or other
‘‘1182(a)(2)(E) of this title’’ for ‘‘1182(a)(34) of this title’’. recognized place of study’’, and ‘‘Secretary of Edu-
Pub. L. 101–246 added subsec. (h). cation’’ for ‘‘Office of Education of the United States’’.
1989—Subsec. (a)(15)(H)(i). Pub. L. 101–238 added subcl. Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97–116,
(a), designated existing provisions as subcl. (b), and in- § 18(a)(2), substituted a semicolon for a period at end of
serted ‘‘(other than services as a registered nurse)’’ subpars. (H), (J), (K), and (L) and inserted ‘‘or’’ at end
after ‘‘to perform services’’. of subpar. (L).
Subsec. (b)(2). Pub. L. 101–162 inserted before period Subsec. (a)(15)(M). Pub. L. 97–116, § 2(a)(2), added sub-
at end ‘‘, except that, for purposes of paragraph (1)(F) par. (M).
(other than the second proviso therein) in the case of Subsec. (a)(27)(H). Pub. L. 97–116, § 5(d)(1), added sub-
an illegitimate child described in paragraph (1)(D) (and par. (H).
not described in paragraph (1)(C)), the term ‘parent’ Subsec. (a)(33). Pub. L. 97–116, § 18(a)(3), struck out
does not include the natural father of the child if the provision that residence be considered continuous for
father has disappeared or abandoned or deserted the the purposes of sections 1482 and 1484 of this title where
child or if the father has in writing irrevocably released there is a continuity of stay but not necessarily an un-
the child for emigration and adoption’’. interrupted physical presence in a foreign state or
1988—Subsec. (a)(15)(J). Pub. L. 100–525, § 9(a)(1), sub- states or outside the United States.
stituted ‘‘Director of the United States Information Subsec. (b)(1)(A), (B). Pub. L. 97–116, § 18(a)(5)(A),
Agency’’ for ‘‘Secretary of State’’. struck out ‘‘or’’ at the end.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100–525, Subsec. (b)(1)(C). Pub. L. 97–116, § 18(a)(5)(B), sub-
§ 2(o)(1), substituted ‘‘October 24, 1988’’ for ‘‘November 6, stituted a semicolon for the period at end.
1986’’ and ‘‘applies for a visa or adjustment of status’’ Subsec. (b)(1)(E). Pub. L. 97–116, §§ 2(b), 18(a)(5)(C),
for ‘‘applies for admission’’. substituted ‘‘sixteen’’ for ‘‘fourteen’’, and ‘‘; or’’ for the
Subsec. (a)(38). Pub. L. 100–525, § 9(a)(2), struck out period at the end.
‘‘For the purpose of issuing certificates of citizenship Subsec. (b)(1)(F). Pub. L. 97–116, § 2(b), substituted
to persons who are citizens of the United States, the ‘‘sixteen’’ for ‘‘fourteen’’.
term ‘United States’ as used in section 1452 of this title Subsec. (f). Pub. L. 97–116, § 2(c), struck out par. (2)
includes the Canal Zone.’’ which provided that a person not be considered a per-
Subsec. (a)(43). Pub. L. 100–690 added par. (43). son of good moral character if within the period for
Subsec. (b)(2). Pub. L. 100–459, temporarily inserted which good moral character is required to be estab-
before period at end ‘‘, except that, for purposes of lished the person commits adultery, and substituted in
paragraph (1)(F) in the case of an illegitimate child de- par. (3) ‘‘paragraphs (9) and (10) of section 1182(a) of this
scribed in paragraph (1)(D) (and not described in para- title and paragraph (23) of such section (except as such
graph (1)(C)), the term ‘parent’ does not include the paragraph relates to a single offense of simple posses-
natural father of the child if the father has disappeared sion of 30 grams or less of marihuana)’’ for ‘‘paragraphs
or abandoned or deserted the child or if the father has (9), (10), and (23) of section 1182(a) of this title’’.
in writing irrevocably released the child for emigration 1980—Subsec. (a)(42). Pub. L. 96–212 added par. (42).
and adoption’’. See Effective and Termination Dates of 1979—Subsec. (a)(27)(E) to (G). Pub. L. 96–70 added
1988 Amendments note below. subpars. (E) to (G).
Subsec. (c)(1). Pub. L. 100–525, § 8(b), repealed Pub. L. 1977—Subsec. (a)(1). Pub. L. 95–105 substituted ‘‘As-
99–653, § 3. See 1986 Amendment note below. sistant Secretary of State for Consular Affairs’’ for
Subsec. (d). Pub. L. 100–525, § 9(a)(3), struck out sub- ‘‘administrator of the Bureau of Security and Consular
sec. (d) defining ‘‘veteran’’, ‘‘Spanish-American War’’, Affairs of the Department of State’’.
‘‘World War I’’, ‘‘World War II’’, and ‘‘Korean hos- Subsec. (a)(41). Pub. L. 95–83 inserted ‘‘a’’ after ‘‘grad-
tilities’’ as those terms were used in part III of sub- uates of’’ and ‘‘, other than such aliens who are of na-
chapter III of this chapter. tional or international renown in the field of medicine’’
1986—Subsec. (a)(15)(D). Pub. L. 99–505 designated ex- after ‘‘in a foreign state’’.
isting provisions as cl. (i) and added cl. (ii). 1976—Subsec. (a)(15)(H)(i). Pub. L. 94–484, § 601(b)(1),
Subsec. (a)(15)(H). Pub. L. 99–603, § 301(a), designated inserted ‘‘, and who, in the case of a graduate of a med-
existing provisions of cl. (ii) as subcl. (b) and added ical school coming to the United States to perform
services as a member of the medical profession, is com- 1958—Subsec. (a)(36). Pub. L. 85–508 struck out ref-
ing pursuant to an invitation from a public or non- erence to Alaska.
profit private educational or research institution or 1957—Subsec. (b)(1). Pub. L. 85–316 inserted ‘‘whether
agency in the United States to teach or conduct re- or not born out of wedlock’’ in subpar. (B), and added
search, or both, at or for such institution or agency’’. subpars. (D) and (E).
Subsec. (a)(15)(H)(ii). Pub. L. 94–484, § 601(b)(2), in-
serted ‘‘, but this clause shall not apply to graduates of EFFECTIVE DATE OF 2010 AMENDMENT
medical schools coming to the United States to per- Pub. L. 111–306, § 1(b), Dec. 14, 2010, 124 Stat. 3280, pro-
form services as members of the medical profession’’. vided that:
Subsec. (a)(15)(H)(iii). Pub. L. 94–484, § 601(b)(3), in- ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
serted ‘‘, other than to receive graduate medical edu- the amendments made by subsection (a) [amending this
cation or training’’. section] shall—
Subsec. (a)(15)(J). Pub. L. 94–484, § 601(b)(4), inserted
‘‘(A) take effect on the date that is 180 days after
‘‘and who, if he is coming to the United States to par-
the date of the enactment of this Act [Dec. 14, 2010];
ticipate in a program under which he will receive grad-
and
uate medical education or training, also meets the re-
‘‘(B) apply with respect to applications for a non-
quirements of section 1182(j) of this title’’.
immigrant visa under section 101(a)(15)(F)(i) of the
Subsec. (a)(27). Pub. L. 94–571 struck out subpar. (A)
Immigration and Nationality Act (8 U.S.C.
provision defining term ‘‘special immigrant’’ to include
1101(a)(15)(F)(i)) that are filed on or after the effective
an immigrant born in any independent foreign country
date described in subparagraph (A).
of the Western Hemisphere or in the Canal Zone and
‘‘(2) TEMPORARY EXCEPTION.—
the spouse and children of any such immigrant, if ac-
‘‘(A) IN GENERAL.—Notwithstanding section
companying, or following to join him and restricting
101(a)(15)(F)(i) of the Immigration and Nationality
issuance of an immigrant visa until consular officer
Act, as amended by subsection (a), during the 3-year
was in receipt of a determination made by the Sec-
period beginning on the date of the enactment of this
retary of Labor pursuant to former provisions of sec-
Act, an alien seeking to enter the United States to
tion 1182(a)(14) of this title; and redesignated as sub-
pursue a course of study at a language training pro-
pars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41). Pub. L. 94–484, § 601(e), added par. (41). gram that has been certified by the Secretary of
1975—Subsec. (b)(1)(F). Pub. L. 94–155 provided for Homeland Security and has not been accredited or de-
adoption of alien children under the age of fourteen by nied accreditation by an entity described in section
unmarried United States citizens who are at least 101(a)(52) of such Act [8 U.S.C. 1101(a)(52)] may be
twenty-five years of age and inserted requirement that granted a nonimmigrant visa under such section
before adoption the Attorney General be satisfied that 101(a)(15)(F)(i).
proper care will be provided the child after admission. ‘‘(B) ADDITIONAL REQUIREMENT.—An alien may not
1970—Subsec. (a)(15)(H). Pub. L. 91–225, § 1(a), provided be granted a nonimmigrant visa under subparagraph
for nonimmigrant alien status for alien spouse and (A) if the sponsoring institution of the language
minor children of any alien specified in par. (H) if ac- training program to which the alien seeks to enroll
companying him or following to join him and struck does not—
out ‘‘temporary’’, ‘‘other’’, and ‘‘industrial’’ before ‘‘(i) submit an application for the accreditation of
‘‘services’’, ‘‘temporary services’’, and ‘‘trainee’’ in cls. such program to a regional or national accrediting
(i) to (iii), respectively. agency recognized by the Secretary of Education
Subsec. (a)(15)(K), (L). Pub. L. 91–225, § 1(b), added sub- within 1 year after the date of the enactment of
pars. (K) and (L). this Act; and
1966—Subsec. (a)(38). Pub. L. 89–710 inserted sentence ‘‘(ii) comply with the applicable accrediting re-
providing that term ‘‘United States’’ as used in section quirements of such agency.’’
1452 of this title, for the purpose of issuing certificates Pub. L. 111–287, § 4, Nov. 30, 2010, 124 Stat. 3059, pro-
of citizenship to persons who are citizens of the United vided that:
States, shall include the Canal Zone. ‘‘(a) IN GENERAL.—Except as provided in subsection
1965—Subsec. (a)(27). Pub. L. 89–236, § 8(a), substituted (b), the amendments made by this Act [amending this
‘‘special immigrant’’ for ‘‘nonquota immigrant’’ as section and section 1182 of this title] shall take effect
term being defined. on the date of the enactment of this Act [Nov. 30, 2010].
Subsec. (a)(32). Pub. L. 89–236, § 8(b), substituted term ‘‘(b) EXCEPTION.—An alien who is described in section
‘‘profession’’ and its definition for term ‘‘quota immi- 101(b)(1)(G)(iii) of the Immigration and Nationality Act
grant’’ and its definition. [8 U.S.C. 1101(b)(1)(G)(iii)], as added by section 3, and
Subsec. (b)(1)(F). Pub. L. 89–236, § 8(c), expanded defi- attained 18 years of age on or after April 1, 2008, shall
nition to include a child, under the age of 14 at the be deemed to meet the age requirement specified in
time a petition is filed in his behalf to accord a classi- subclause (III) of such section if a petition for classi-
fication as an immediate relative or who is an orphan fication of the alien as an immediate relative under
because of the death or disappearance of, abandonment section 201(b) of the Immigration and Nationality Act
or desertion by, or separation or loss from, both par- (8 U.S.C. 1151(b)) is filed not later than 2 years after the
ents, or for whom the sole or surviving parent is in- date of the enactment of this Act.’’
capable of providing the proper care which will be pro-
vided the child if admitted to the United States and EFFECTIVE DATE OF 2008 AMENDMENT
who has in writing irrevocably released the child for Pub. L. 110–457, title II, § 201(f), Dec. 23, 2008, 122 Stat.
emigration and adoption, and made minor amendments 5054, provided that: ‘‘The amendments made by this
in the existing definition. section [amending this section and sections 1184 and
Subsec. (b)(6). Pub. L. 89–236, § 24, struck out par. (6)
1255 of this title] shall—
which defined term ‘‘eligible orphan’’.
1961—Subsec. (a)(15). Pub. L. 87–256 included the alien ‘‘(1) take effect on the date of enactment of the Act
spouse and minor children of any such alien if accom- [Dec. 23, 2008]; and
panying him or following to join him in subpar. (F), ‘‘(2) apply to applications for immigration benefits
and added subpar. (J). filed on or after such date.’’
Subsec. (b)(1)(F). Pub. L. 87–301, § 2, added subpar. (F). Pub. L. 110–391, § 2(d), Oct. 10, 2008, 122 Stat. 4193, pro-
Subsec. (b)(6). Pub. L. 87–301, § 1, added par. (6). vided that: ‘‘The amendments made by subsection (a)
Subsec. (d)(1). Pub. L. 87–301, § 7(a), inserted ‘‘or from [amending this section] shall take effect on the date
June 25, 1950, to July 1, 1955,’’. that the Secretary of Homeland Security submits the
Subsec. (d)(2). Pub. L. 87–301, § 7(b), inserted definition certification described in subsection (b)(2) [set out as a
of ‘‘Korean hostilities’’. note below] stating that the final regulations required
1959—Subsec. (a)(36). Pub. L. 86–3 struck out reference by subsection (b)(1) [set out as a note below] have been
to Hawaii. issued and are in effect [Notice that the regulations
have been issued and are in effect Nov. 26, 2008, was EFFECTIVE DATE OF 1997 AMENDMENT
published in the Federal Register, Nov. 26, 2008. See 73
Pub. L. 105–139, § 1(f), Dec. 2, 1997, 111 Stat. 2645, pro-
F.R. 72298.].’’
Amendment by Pub. L. 110–229 effective on the transi- vided that: ‘‘The amendments made by this section
tion program effective date described in section 1806 of [amending provisions set out as notes under this sec-
Title 48, Territories and Insular Possessions, see section and sections 1151, 1153, and 1255 of this title]—
‘‘(1) shall take effect upon the enactment of the
tion 705(b) of Pub. L. 110–229, set out as an Effective
Nicaraguan Adjustment and Central American Relief
Date note under section 1806 of Title 48.
Act [title II of Pub. L. 105–100, approved Nov. 19, 1997]
EFFECTIVE DATE OF 2006 AMENDMENT (as contained in the District of Columbia Appropria-
Pub. L. 109–162, title VIII, § 822(c)(2), Jan. 5, 2006, 119 tions Act, 1998); and
Stat. 3063, provided that: ‘‘The amendment made by ‘‘(2) shall be effective as if included in the enact-
paragraph (1) [amending this section] shall be effective ment of such Act.’’
as if included in section 603(a)(1) of the Immigration Pub. L. 105–54, § 1(b), Oct. 6, 1997, 111 Stat. 1175, pro-
Act of 1990 (Public Law 101–649; 104 Stat. 5082).’’ vided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect on the date of
EFFECTIVE AND TERMINATION DATES OF 2003 the enactment of this Act [Oct. 6, 1997].’’
AMENDMENT
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 108–99, § 2, Oct. 15, 2003, 117 Stat. 1176, provided
that: ‘‘The amendment made by section 1 [amending Pub. L. 104–208, div. C, title I, § 104(b), Sept. 30, 1996,
this section] shall take effect on October 1, 2003.’’ 110 Stat. 3009–556, as amended by Pub. L. 105–277, div. A,
Amendment by Pub. L. 108–77 effective on the date § 101(b) [title IV, § 410(c)], Oct. 21, 1998, 112 Stat. 2681–50,
the United States-Chile Free Trade Agreement enters 2681–104; Pub. L. 107–173, title VI, § 601, May 14, 2002, 116
into force (Jan. 1, 2004), and ceases to be effective on Stat. 564, provided that:
the date the Agreement ceases to be in force, see sec- ‘‘(1) CLAUSE A.—Clause (A) of the sentence added by
tion 107 of Pub. L. 108–77, set out in a note under sec- the amendment made by subsection (a) [amending this
tion 3805 of Title 19, Customs Duties. section] shall apply to documents issued on or after 18
months after the date of the enactment of this Act
EFFECTIVE DATE OF 2000 AMENDMENT [Sept. 30, 1996].
Pub. L. 106–553, § 1(a)(2) [title XI, § 1102(e)], Dec. 21, ‘‘(2) CLAUSE B.—Clause (B) of such sentence shall
2000, 114 Stat. 2762, 2762A–144, provided that: ‘‘The apply to cards presented on or after 6 years after the
amendments made by this section [amending this sec- date of the enactment of this Act.’’
tion and sections 1184 and 1255 of this title] shall take Pub. L. 104–208, div. C, title III, § 309, Sept. 30, 1996, 110
effect on the date of the enactment of this Act [Dec. 21, Stat. 3009–625, as amended by Pub. L. 104–302, § 2(2), (3),
2000] and shall apply to an alien who is the beneficiary Oct. 11, 1996, 110 Stat. 3657; Pub. L. 105–100, title II,
of a classification petition filed under section 204 of the §§ 203(a)–(c), 204(d), Nov. 19, 1997, 111 Stat. 2196–2199, 2201;
Immigration and Nationality Act [8 U.S.C. 1154] on or Pub. L. 105–139, § 1(c), Dec. 2, 1997, 111 Stat. 2644; Pub. L.
before the date of the enactment of this Act.’’ 106–386, div. B, title V, §§ 1506(b)(3), 1510(b), Oct. 28, 2000,
Pub. L. 106–553, § 1(a)(2) [title XI, § 1103(d)], Dec. 21, 114 Stat. 1527, 1531; Pub. L. 106–554, § 1(a)(4) [div. B, title
2000, 114 Stat. 2762, 2762A–146, provided that: ‘‘The XV, § 1505(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–327, pro-
amendments made by this section [amending this sec- vided that:
tion and sections 1184, 1186a, and 1255 of this title] shall ‘‘(a) IN GENERAL.—Except as provided in this section
take effect on the date of the enactment of this Act and sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of
[Dec. 21, 2000] and shall apply to an alien who is the this division [amending sections 1225, 1227, and 1251 of
beneficiary of a classification petition filed under sec- this title, enacting provisions set out as notes under
tion 204 of the Immigration and Nationality Act [8 sections 1225, 1226, 1227, and 1252 of this title, and re-
U.S.C. 1154] before, on, or after the date of the enact- pealing provisions set out as a note under section 1225
ment of this Act.’’ of this title], this subtitle [subtitle A (§§ 301–309) of title
Pub. L. 106–409, § 2(b), Nov. 1, 2000, 114 Stat. 1787, pro- III of div. C of Pub. L. 104–208, see Tables for classifica-
vided that: ‘‘The amendment made by subsection (a) tion] and the amendments made by this subtitle shall
[amending this section] shall take effect on October 1, take effect on the first day of the first month beginning
2000.’’ more than 180 days after the date of the enactment of
Pub. L. 106–395, title II, § 201(a)(2), Oct. 30, 2000, 114 this Act [Sept. 30, 1996] (in this title [see Tables for
Stat. 1633, provided that: ‘‘The amendment made by classification] referred to as the ‘title III–A effective
paragraph (1) [amending this section] shall be effective date’).
as if included in the enactment of the Illegal Immigra- ‘‘(b) PROMULGATION OF REGULATIONS.—The Attorney
tion Reform and Immigrant Responsibility Act of 1996 General shall first promulgate regulations to carry out
(Public Law 104–208; 110 Stat. 3009–546) and shall apply this subtitle by not later than 30 days before the title
to individuals having an application for a benefit under III–A effective date.
the Immigration and Nationality Act [8 U.S.C. 1101 et ‘‘(c) TRANSITION FOR CERTAIN ALIENS.—
seq.] pending on or after September 30, 1996.’’ ‘‘(1) GENERAL RULE THAT NEW RULES DO NOT APPLY.—
Amendment by Pub. L. 106–279 effective Apr. 1, 2008, Subject to the succeeding provisions of this sub-
see section 505(a)(2), (b) of Pub. L. 106–279, set out as an section, in the case of an alien who is in exclusion or
Effective Dates; Transition Rule note under section deportation proceedings before the title III–A effec-
14901 of Title 42, The Public Health and Welfare. tive date—
‘‘(A) the amendments made by this subtitle shall
EFFECTIVE DATE OF 1999 AMENDMENT not apply, and
Amendment by Pub. L. 106–95 applicable to classifica- ‘‘(B) the proceedings (including judicial review
tion petitions filed for nonimmigrant status only be- thereof) shall continue to be conducted without re-
ginning on the date that interim or final regulations gard to such amendments.
are first promulgated and ending on the date 3 years ‘‘(2) ATTORNEY GENERAL OPTION TO ELECT TO APPLY
after Dec. 20, 2006, see section 2(e) of Pub. L. 106–95, as NEW PROCEDURES.—In a case described in paragraph
amended, set out as a note under section 1182 of this (1) in which an evidentiary hearing under section 236
title. or 242 and 242B of the Immigration and Nationality
Act [8 U.S.C. 1226, 1252, former 1252b] has not com-
EFFECTIVE DATE OF 1998 AMENDMENT menced as of the title III–A effective date, the Attor-
Amendment by section 2(e)(2) of Pub. L. 105–319 effec- ney General may elect to proceed under chapter 4 of
tive Oct. 1, 2008, see section 2(e)(2) of Pub. L. 105–319, title II of such Act [8 U.S.C. 1221 et seq.] (as amended
formerly set out in an Irish Peace Process Cultural and by this subtitle). The Attorney General shall provide
Training Program note below. notice of such election to the alien involved not later
than 30 days before the date any evidentiary hearing and reinitiate proceedings in accordance with para-
is commenced. If the Attorney General makes such graph (3) of this subsection, paragraphs (1) and (2)
election, the notice of hearing provided to the alien of section 240A(d) of the Immigration and National-
under section 235 or 242(a) of such Act [8 U.S.C. 1225, ity Act [8 U.S.C. 1229b(d)(1), (2)] shall not apply to
1252(a)] shall be valid as if provided under section 239 an order to show cause issued before April 1, 1997.
of such Act [8 U.S.C. 1229] (as amended by this sub- ‘‘(C) SPECIAL RULE FOR CERTAIN ALIENS GRANTED
title) to confer jurisdiction on the immigration TEMPORARY PROTECTION FROM DEPORTATION AND FOR
judge. BATTERED SPOUSES AND CHILDREN.—
‘‘(3) ATTORNEY GENERAL OPTION TO TERMINATE AND ‘‘(i) IN GENERAL.—For purposes of calculating
REINITIATE PROCEEDINGS.—In the case described in the period of continuous physical presence under
paragraph (1), the Attorney General may elect to ter- section 244(a) of the Immigration and Nationality
minate proceedings in which there has not been a Act [former 8 U.S.C. 1254(a)] (as in effect before
final administrative decision and to reinitiate pro- the title III–A effective date) or section 240A of
ceedings under chapter 4 of title II [of] the Immigra- such Act [8 U.S.C. 1229b] (as in effect after the
tion and Nationality Act [8 U.S.C. 1221 et seq.] (as title III–A effective date), subparagraph (A) of
amended by this subtitle). Any determination in the this paragraph and paragraphs (1) and (2) of sec-
terminated proceeding shall not be binding in the re- tion 240A(d) of the Immigration and Nationality
initiated proceeding. Act shall not apply in the case of an alien, regard-
‘‘(4) TRANSITIONAL CHANGES IN JUDICIAL REVIEW.—In less of whether the alien is in exclusion or depor-
the case in which a final order of exclusion or deportation proceedings before the title III–A effective
tation is entered more than 30 days after the date of date, who has not been convicted at any time of
the enactment of this Act [Sept. 30, 1996], notwith- an aggravated felony (as defined in section 101(a)
standing any provision of section 106 of the Immigra- of the Immigration and Nationality Act [8 U.S.C.
tion and Nationality Act [former 8 U.S.C. 1105a] (as in 1101(a)]) and—
effect as of the date of the enactment of this Act) to ‘‘(I) was not apprehended after December 19,
the contrary— 1990, at the time of entry, and is—
‘‘(A) in the case of judicial review of a final order ‘‘(aa) a Salvadoran national who first en-
of exclusion, subsection (b) of such section shall not tered the United States on or before Septem-
apply and the action for judicial review shall be ber 19, 1990, and who registered for benefits
governed by the provisions of subsections (a) and (c) pursuant to the settlement agreement in
of such [section] in the same manner as they apply American Baptist Churches, et al. v. Thorn-
to judicial review of orders of deportation; burgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991)
‘‘(B) a court may not order the taking of addi- on or before October 31, 1991, or applied for
tional evidence under section 2347(c) of title 28, temporary protected status on or before Octo-
United States Code; ber 31, 1991; or
‘‘(C) the petition for judicial review must be filed ‘‘(bb) a Guatemalan national who first en-
not later than 30 days after the date of the final tered the United States on or before October
order of exclusion or deportation; 1, 1990, and who registered for benefits pursu-
‘‘(D) the petition for review shall be filed with the ant to such settlement agreement on or be-
court of appeals for the judicial circuit in which the fore December 31, 1991;
administrative proceedings before the special in- ‘‘(II) is a Guatemalan or Salvadoran national
quiry officer or immigration judge were completed; who filed an application for asylum with the
‘‘(E) there shall be no appeal of any discretionary Immigration and Naturalization Service on or
decision under section 212(c), 212(h), 212(i), 244, or before April 1, 1990;
245 of the Immigration and Nationality Act [8 ‘‘(III) is the spouse or child (as defined in sec-
U.S.C. former 1182(c), 1182(h), (i), former 1254, 1255] tion 101(b)(1) of the Immigration and National-
(as in effect as of the date of the enactment of this ity Act [8 U.S.C. 1101(b)(1)]) of an individual, at
Act [Sept. 30, 1996]); the time a decision is rendered to suspend the
‘‘(F) service of the petition for review shall not deportation, or cancel the removal, of such indi-
stay the deportation of an alien pending the court’s vidual, if the individual has been determined to
decision on the petition, unless the court orders be described in this clause (excluding this sub-
otherwise; and clause and subclause (IV));
‘‘(G) there shall be no appeal permitted in the ‘‘(IV) is the unmarried son or daughter of an
case of an alien who is inadmissible or deportable alien parent, at the time a decision is rendered
by reason of having committed a criminal offense to suspend the deportation, or cancel the re-
covered in section 212(a)(2) or section moval, of such alien parent, if—
241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration ‘‘(aa) the alien parent has been determined
and Nationality Act [8 U.S.C. 1182(a)(2), former to be described in this clause (excluding this
1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the subclause and subclause (III)); and
date of the enactment of this Act), or any offense ‘‘(bb) in the case of a son or daughter who is
covered by section 241(a)(2)(A)(ii) of such Act (as in 21 years of age or older at the time such deci-
effect on such date) for which both predicate of- sion is rendered, the son or daughter entered
fenses are, without regard to their date of commis- the United States on or before October 1, 1990;
sion, otherwise covered by section 241(a)(2)(A)(i) of ‘‘(V) is an alien who entered the United States
such Act (as so in effect). on or before December 31, 1990, who filed an ap-
‘‘(5) TRANSITIONAL RULES WITH REGARD TO SUSPEN- plication for asylum on or before December 31,
SION OF DEPORTATION.— 1991, and who, at the time of filing such applica-
‘‘(A) IN GENERAL.—Subject to subparagraphs (B) tion, was a national of the Soviet Union, Rus-
and (C), paragraphs (1) and (2) of section 240A(d) of sia, any republic of the former Soviet Union,
the Immigration and Nationality Act [8 U.S.C. Latvia, Estonia, Lithuania, Poland, Czecho-
1229b(d)(1), (2)] (relating to continuous residence or slovakia, Romania, Hungary, Bulgaria, Albania,
physical presence) shall apply to orders to show East Germany, Yugoslavia, or any state of the
cause (including those referred to in section former Yugoslavia; or
242B(a)(1) of the Immigration and Nationality Act ‘‘(VI) is an alien who was issued an order to
[former 8 U.S.C. 1252b(a)(1)], as in effect before the show cause or was in deportation proceedings
title III–A effective date), issued before, on, or after before April 1, 1997, and who applied for suspen-
the date of the enactment of this Act [Sept. 30, sion of deportation under section 244(a)(3) of the
1996]. Immigration and Nationality Act [former 8
‘‘(B) EXCEPTION FOR CERTAIN ORDERS.—In any case U.S.C. 1254(a)(3)] (as in effect before the date of
in which the Attorney General elects to terminate the enactment of this Act [Sept. 30, 1996]); or
‘‘(VII)(aa) was the spouse or child of an alien other than subsections (b)(1), (d)(1), and (e) of section
described in subclause (I), (II), or (V)— 240A of such Act [8 U.S.C. 1229b(b)(1), (d)(1), (e)] (but
‘‘(AA) at the time at which a decision is including section 242(a)(2)(B) of such Act [8 U.S.C.
rendered to suspend the deportation or cancel 1252(a)(2)(B)]), the Attorney General may, under sec-
the removal of the alien; tion 240A of such Act, cancel removal of, and adjust
‘‘(BB) at the time at which the alien filed an to the status of an alien lawfully admitted for perma-
application for suspension of deportation or nent residence, an alien who is inadmissible or de-
cancellation of removal; or portable from the United States, if the alien applies
‘‘(CC) at the time at which the alien reg- for such relief, the alien is described in subsection
istered for benefits under the settlement (c)(5)(C)(i) of this section, and—
agreement in American Baptist Churches, et. ‘‘(A) the alien—
al. v. Thornburgh (ABC), applied for tem- ‘‘(i) is not inadmissible or deportable under
porary protected status, or applied for asy- paragraph (2) or (3) of section 212(a) or paragraph
lum; and (2), (3), or (4) of section 237(a) of the Immigration
‘‘(bb) the spouse, child, or child of the spouse and Nationality Act [8 U.S.C. 1182(a)(2), (3),
has been battered or subjected to extreme cru- 1227(a)(3), (4)] and is not an alien described in sec-
elty by the alien described in subclause (I), (II), tion 241(b)(3)(B)(i) of such Act [8 U.S.C.
or (V). 1231(b)(3)(B)(i)];
‘‘(ii) LIMITATION ON JUDICIAL REVIEW.—A deter- ‘‘(ii) has been physically present in the United
mination by the Attorney General as to whether States for a continuous period of not less than 7
an alien satisfies the requirements of clause (i) is years immediately preceding the date of such ap-
final and shall not be subject to review by any plication;
court. Nothing in the preceding sentence shall be ‘‘(iii) has been a person of good moral character
construed as limiting the application of section during such period; and
242(a)(2)(B) of the Immigration and Nationality ‘‘(iv) establishes that removal would result in
Act [8 U.S.C. 1252(a)(2)(B)] (as in effect after the extreme hardship to the alien or to the alien’s
title III–A effective date) to other eligibility de- spouse, parent, or child, who is a citizen of the
terminations pertaining to discretionary relief United States or an alien lawfully admitted for
under this Act [probably should be ‘‘division’’, see permanent residence; or
‘‘(B) the alien—
Short Title of 1996 Amendment note below]. ‘‘(i) is inadmissible or deportable under section
‘‘(iii) CONSIDERATION OF PETITIONS.—In acting on
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
a petition filed under subclause (VII) of clause (i)
237(a)(3) of the Immigration and Nationality Act
the provisions set forth in section 204(a)(1)(H)
[8 U.S.C. 1182(a)(2), 1227(a)(2), (3)];
[probably means section 204(a)(1)(H) of the Immi- ‘‘(ii) is not an alien described in section
gration and Nationality Act, which is classified 241(b)(3)(B)(i) or 101(a)(43) of such Act [8 U.S.C.
to section 1154(a)(1)(H) of this title] shall apply. 1231(b)(3)(B)(i), 1101(a)(43)];
‘‘(iv) RESIDENCE WITH SPOUSE OR PARENT NOT RE- ‘‘(iii) has been physically present in the United
QUIRED.—For purposes of the application of clause States for a continuous period of not less than 10
(i)(VII), a spouse or child shall not be required to years immediately following the commission of
demonstrate that he or she is residing with the an act, or the assumption of a status, constitut-
spouse or parent in the United States. ing a ground for removal;
‘‘(6) TRANSITION FOR CERTAIN FAMILY UNITY ‘‘(iv) has been a person of good moral character
ALIENS.—The Attorney General may waive the appli- during such period; and
cation of section 212(a)(9) of the Immigration and Na- ‘‘(v) establishes that removal would result in
tionality Act [8 U.S.C. 1182(a)(9)], as inserted by sec- exceptional and extremely unusual hardship to
tion 301(b)(1) of this division, in the case of an alien the alien or to the alien’s spouse, parent, or child,
who is provided benefits under the provisions of sec- who is a citizen of the United States or an alien
tion 301 of the Immigration Act of 1990 [Pub. L. lawfully admitted for permanent residence.
101–649, set out as a note under section 1255a of this ‘‘(2) TREATMENT OF CERTAIN BREAKS IN PRESENCE.—
title] (relating to family unity). Section 240A(d)(2) [8 U.S.C. 1229b(d)(2)] shall apply for
‘‘(7) LIMITATION ON SUSPENSION OF DEPORTATION.— purposes of calculating any period of continuous
After April 1, 1997, the Attorney General may not sus- physical presence under this subsection, except that
pend the deportation and adjust the status under sec- the reference to subsection (b)(1) in such section shall
tion 244 of the Immigration and Nationality Act be considered to be a reference to paragraph (1) of
[former 8 U.S.C. 1254] (as in effect before the title this section.
III–A effective date) of any alien in any fiscal year, ‘‘(g) MOTIONS TO REOPEN DEPORTATION OR REMOVAL
except in accordance with section 240A(e) of such Act PROCEEDINGS.—Notwithstanding any limitation im-
[8 U.S.C. 1229b(e)]. The previous sentence shall apply posed by law on motions to reopen removal or deporta-
regardless of when an alien applied for such suspen- tion proceedings (except limitations premised on an
sion and adjustment. alien’s conviction of an aggravated felony (as defined in
‘‘(d) TRANSITIONAL REFERENCES.—For purposes of car- section 101(a) of the Immigration and Nationality Act
rying out the Immigration and Nationality Act [8 [8 U.S.C. 1101(a)])), any alien who has become eligible
U.S.C. 1101 et seq.], as amended by this subtitle— for cancellation of removal or suspension of deporta-
‘‘(1) any reference in section 212(a)(1)(A) of such Act tion as a result of the amendments made by section 203
[8 U.S.C. 1182(a)(1)(A)] to the term ‘inadmissible’ is of the Nicaraguan Adjustment and Central American
deemed to include a reference to the term ‘exclud- Relief Act [Pub. L. 105–100, amending this note] may
able’, and file one motion to reopen removal or deportation pro-
‘‘(2) any reference in law to an order of removal ceedings to apply for cancellation of removal or suspen-
shall be deemed to include a reference to an order of sion of deportation. The Attorney General shall des-
exclusion and deportation or an order of deportation. ignate a specific time period in which all such motions
‘‘(e) TRANSITION.—No period of time before the date of to reopen are required to be filed. The period shall
the enactment of this Act [Sept. 30, 1996] shall be in- begin not later than 60 days after the date of the enact-
cluded in the period of 1 year described in section ment of the Nicaraguan Adjustment and Central Amer-
212(a)(6)(B)(i) of the Immigration and Nationality Act ican Relief Act [Nov. 19, 1997] and shall extend for a pe-
[8 U.S.C. 1182(a)(6)(B)(i)] (as amended by section 301(c) riod not to exceed 240 days.
of this division). ‘‘(h) RELIEF AND MOTIONS TO REOPEN.—
‘‘(f) SPECIAL RULE FOR CANCELLATION OF REMOVAL.— ‘‘(1) RELIEF.—An alien described in subsection
‘‘(1) IN GENERAL.—Subject to the provisions of the (c)(5)(C)(i) who is otherwise eligible for—
Immigration and Nationality Act [8 U.S.C. 1101 et ‘‘(A) suspension of deportation pursuant to sec-
seq.] (as in effect after the title III–A effective date), tion 244(a) of the Immigration and Nationality Act
[8 U.S.C. 1254a(a)], as in effect before the title III–A by section 304(a)(3) of this division, shall apply to prov-
effective date; or ing such convictions.’’
‘‘(B) cancellation of removal, pursuant to section Pub. L. 104–208, div. C, title III, § 361(b), Sept. 30, 1996,
240A(b) of the Immigration and Nationality Act [8 110 Stat. 3009–645, provided that: ‘‘The amendment
U.S.C. 1229b(b)] and subsection (f) of this section; made by subsection (a) [amending this section] shall
shall not be barred from applying for such relief by take effect on the date of the enactment of this Act
operation of section 241(a)(5) of the Immigration and [Sept. 30, 1996].’’
Nationality Act [8 U.S.C. 1231(a)(5)], as in effect after Pub. L. 104–208, div. C, title III, § 371(d)(1), Sept. 30,
the title III–A effective date. 1996, 110 Stat. 3009–646, provided that: ‘‘Subsections (a)
‘‘(2) ADDITIONAL MOTION TO REOPEN PERMITTED.— and (b) [amending this section and sections 1105a, 1159,
Notwithstanding any limitation imposed by law on 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this title]
motions to reopen removal or deportation proceed- shall take effect on the date of the enactment of this
ings (except limitations premised on an alien’s con- Act [Sept. 30, 1996].’’
viction of an aggravated felony (as defined by section Pub. L. 104–208, div. C, title V, § 591, Sept. 30, 1996, 110
101(a) of the Immigration and Nationality Act [8 Stat. 3009–688, provided that: ‘‘Except as provided in
U.S.C. 1101(a)])), any alien who is described in sub- this title [enacting sections 1369 to 1371 and 1623 and
section (c)(5)(C)(i) and who has become eligible for 1624 of this title, amending sections 1182, 1183, 1183a,
cancellation of removal or suspension of deportation 1612, 1631, 1632, 1641, and 1642 of this title, section 506 of
as a result of the enactment of paragraph (1) may file Title 18, Crimes and Criminal Procedure, section 1091 of
one motion to reopen removal or deportation pro- Title 20, Education, and sections 402, 1320b–7, and 1436a
ceedings in order to apply for cancellation of removal of Title 42, The Public Health and Welfare, enacting
or suspension of deportation. The scope of any pro- provisions set out as notes under this section, sections
ceeding reopened on this basis shall be limited to a 1182, 1183a, 1611, 1612, and 1621 of this title, and sections
determination of the alien’s eligibility for cancella- 402 and 1436a of Title 42, and repealing provisions set
tion of removal or suspension of deportation. The At- out as a note under section 1183a of this title], this title
torney General shall designate a specific time period and the amendments made by this title shall take ef-
in which all such motions to reopen are required to fect on the date of the enactment of this Act [Sept. 30,
be filed. The period shall begin not later than 60 days 1996].’’
after the date of the enactment of this subsection Pub. L. 104–208, div. C, title VI, § 625(c), Sept. 30, 1996,
[Dec. 21, 2000] and shall extend for a period not to ex- 110 Stat. 3009–700, provided that: ‘‘The amendments
ceed 240 days. made by subsection (a) [amending this section and sec-
‘‘(3) CONSTRUCTION.—Nothing in this subsection tion 1184 of this title] shall apply to individuals who ob-
shall preclude an alien from filing a motion to reopen tain the status of a nonimmigrant under section
pursuant to section 240(b)(5)(C)(ii) of the Immigration 101(a)(15)(F) of the Immigration and Nationality Act [8
and Nationality Act [8 U.S.C. 1229a(b)(5)(C)(ii)], or U.S.C. 1101(a)(15)(F)] after the end of the 60-day period
section 242B(c)(3)(B) of such Act [8 U.S.C. beginning on the date of the enactment of this Act
1252b(c)(3)(B)] (as in effect before the title III–A effec- [Sept. 30, 1996], including aliens whose status as such a
tive date).’’ nonimmigrant is extended after the end of such pe-
[Pub. L. 106–386, div. B, title V, § 1506(b)(4), Oct. 28, riod.’’
2000, 114 Stat. 1528, provided that: ‘‘The amendments Pub. L. 104–208, div. C, title VI, § 671(a)(7), Sept. 30,
made by paragraph (3) [amending section 309 of Pub. L. 1996, 110 Stat. 3009–721, provided that: ‘‘The amend-
104–208, div. C, set out above] shall take effect as if in- ments made by this subsection [amending this section,
cluded in the enactment of section 309 of the Illegal Im- sections 1184, 1251, 1255, 1258, and 1324 of this title, and
migration Reform and Immigrant Responsibility Act of provisions set out as a note under section 1252 of this
1996 [Pub. L. 104–208] (8 U.S.C. 1101 note).’’] title] shall be effective as if included in the enactment
[Pub. L. 106–386, div. B, § 1510(c), Oct. 28, 2000, 114 Stat. of the VCCLEA [Pub. L. 103–322].’’
1532, provided that: ‘‘The amendments made by sub- Pub. L. 104–208, div. C, title VI, § 671(b)(14), Sept. 30,
sections (a) [amending section 202 of Pub. L. 105–100, set 1996, 110 Stat. 3009–722, provided that: ‘‘Except as other-
out as a note under section 1255 of this title] and (b) wise provided in this subsection [amending this section
[amending section 309 of Pub. L. 104–208, div. C, set out and sections 1252a, 1255b, 1323, 1356, and 1483 of this
above] shall be effective as if included in the Nica- title, enacting provisions set out as notes under sec-
raguan Adjustment and Central American Relief Act (8 tions 1161 and 1433 of this title, and amending provi-
U.S.C. 1255 note; Public Law 105–100, as amended).’’] sions set out as notes under this section and sections
[Pub. L. 105–100, title II, § 203(f), Nov. 19, 1997, 111 Stat. 1255a, 1323, and 1401 of this title], the amendments made
2200, provided that: ‘‘The amendments made by this by this subsection shall take effect as if included in the
section to the Illegal Immigration Reform and Immi- enactment of INTCA [Pub. L. 103–416].’’
grant Responsibility Act of 1996 [amending section 309 Pub. L. 104–132, title IV, § 440(f), Apr. 24, 1996, 110 Stat.
of Pub. L. 104–208, div. C, set out above] shall take ef- 1278, provided that: ‘‘The amendments made by sub-
fect as if included in the enactment of such Act.’’] section (e) [amending this section] shall apply to con-
[Pub. L. 104–302, § 2, Oct. 11, 1996, 110 Stat. 3657, pro- victions entered on or after the date of the enactment
vided that the amendment made by section 2(2), (3) to of this Act [Apr. 24, 1996], except that the amendment
section 309 of Pub. L. 104–208, set out above, is effective made by subsection (e)(3) [amending this section] shall
Sept. 30, 1996.] take effect as if included in the enactment of section
Pub. L. 104–208, div. C, title III, § 321(c), Sept. 30, 1996, 222 of the Immigration and Nationality Technical Cor-
110 Stat. 3009–628, provided that: ‘‘The amendments rections Act of 1994 [Pub. L. 103–416].’’
made by this section [amending this section] shall
EFFECTIVE DATE OF 1994 AMENDMENTS
apply to actions taken on or after the date of the en-
actment of this Act [Sept. 30, 1996], regardless of when Pub. L. 103–416, title II, § 219(dd), Oct. 25, 1994, 108
the conviction occurred, and shall apply under section Stat. 4319, provided that: ‘‘Except as otherwise specifi-
276(b) of the Immigration and Nationality Act [8 U.S.C. cally provided in this section, the amendments made
1326(b)] only to violations of section 276(a) of such Act by this section [amending this section and sections
occurring on or after such date.’’ 1151, 1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a,
Pub. L. 104–208, div. C, title III, § 322(c), Sept. 30, 1996, 1255, 1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c,
110 Stat. 3009–629, provided that: ‘‘The amendments 1330, 1356, 1421, 1424, 1444, 1449, and 1522 of this title, re-
made by subsection (a) [amending this section and sec- pealing section 1161 of this title, amending provisions
tion 1182 of this title] shall apply to convictions and set out as notes under this section and sections 1182,
sentences entered before, on, or after the date of the 1254a, 1255, 1255a, and 1356 of this title, and repealing
enactment of this Act [Sept. 30, 1996]. Subparagraphs provisions set out as a note under section 1288 of this
(B) and (C) of section 240(c)(3) of the Immigration and title] shall be effective as if included in the enactment
Nationality Act [8 U.S.C. 1229a(c)(3)(B), (C)], as inserted of the Immigration Act of 1990 [Pub. L. 101–649].’’
Pub. L. 103–416, title II, § 222(b), Oct. 25, 1994, 108 Stat. shall take effect on October 1, 1991, and apply beginning
4322, provided that: ‘‘The amendments made by this with fiscal year 1992.
section [amending this section] shall apply to convic- ‘‘(b) PROVISIONS TAKING EFFECT UPON ENACTMENT.—
tions entered on or after the date of enactment of this The following sections (and amendments made by such
Act [Oct. 25, 1994].’’ sections) shall take effect on the date of the enactment
Amendment by Pub. L. 103–236 applicable with re- of this Act [Nov. 29, 1990] and (unless otherwise pro-
spect to officials, offices, and bureaus of Department of vided) apply to fiscal year 1991:
State when executive orders, regulations, or depart- ‘‘(1) Section 103 [enacting provisions set out as a
mental directives implementing the amendments by note under section 1152 of this title] (relating to per
sections 161 and 162 of Pub. L. 103–236 become effective, country limitation for Hong Kong).
or 90 days after Apr. 30, 1994, whichever comes earlier, ‘‘(2) Section 104 [amending sections 1157 and 1159 of
see section 161(b) of Pub. L. 103–236, as amended, set out this title and enacting provisions set out as notes
as a note under section 2651a of Title 22, Foreign Rela- under section 1159 of this title] (relating to asylee ad-
tions and Intercourse. justments).
‘‘(3) Section 124 [enacting provisions set out as a
EFFECTIVE DATE OF 1991 AMENDMENT note under section 1153 of this title] (relating to tran-
Pub. L. 102–232, title II, § 208, Dec. 12, 1991, 105 Stat. sition for employees of certain U.S. businesses in
1742, provided that: ‘‘The provisions of, and amend- Hong Kong).
ments made by, this title [amending this section and ‘‘(4) Section 133 [enacting provisions set out as a
section 1184 of this title and enacting provisions set out note under section 1153 of this title] (relating to one-
as notes under this section and section 1184 of this year diversity transition for aliens who have been no-
title] shall take effect on April 1, 1992.’’ tified of availability of NP–5 visas).
Pub. L. 102–232, title III, § 302(e)(8), Dec. 12, 1991, 105 ‘‘(5) Section 134 [enacting provisions set out as a
Stat. 1746, provided that the amendments made by sec- note under section 1153 of this title] (relating to tran-
tion 302(e)(8)(A) are effective as if included in section sition for displaced Tibetans).
‘‘(6) Section 153 [amending this section and section
162(e) of the Immigration Act of 1990, Pub. L. 101–649.
1251 of this title and enacting provisions set out as a
Pub. L. 102–232, title III, § 305(m), Dec. 12, 1991, 105
note under section 1251 of this title] (relating to spe-
Stat. 1750, provided that the amendments made by sec-
cial immigrants who are dependent on a juvenile
tion 305(m)(1) are effective as if included in section
court).
407(d) of the Immigration Act of 1990, Pub. L. 101–649.
Pub. L. 102–232, title III, § 310, Dec. 12, 1991, 105 Stat.
note under section 1201 of this title] (permitting ex-
1759, as amended by Pub. L. 103–416, title II, § 219(z)(9),
tension of validity of visas for certain residents of
Oct. 25, 1994, 108 Stat. 4318, provided that: ‘‘Except as
Hong Kong).
otherwise specifically provided, the amendments made
by (and provisions of)—
note under section 1153 of this title] (relating to expe-
‘‘(1) sections 302 through 308 [amending this section,
dited issuance of Lebanese second and fifth pref-
sections 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182,
erence visas).
1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252,
‘‘(9) Section 162(b) [amending section 1154 of this
1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323,
title] (relating to immigrant visa petitioning proc-
1324a to 1324c, 1325, 1357, 1421, 1423, 1433, 1439 to 1441,
ess), but only insofar as such section relates to visas
1443, 1445 to 1449, 1451, 1452, and 1455 of this title, and
for fiscal years beginning with fiscal year 1992.
section 3753 of Title 42, The Public Health and Wel- ‘‘(c) GENERAL TRANSITIONS.—
fare, enacting provisions set out as notes under this ‘‘(1) In the case of a petition filed under section
section and sections 1151, 1157, 1160, 1182, 1251, 1252, 204(a) of the Immigration and Nationality Act [8
1254a, and 1255 of this title, and amending provisions U.S.C. 1154(a)] before October 1, 1991, for preference
set out as notes under this section and sections 1105a, status under section 203(a)(3) or section 203(a)(6) of
1153, 1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of such Act [8 U.S.C. 1153(a)(3), (6)] (as in effect before
this title] shall take effect as if included in the enact- such date)—
ment of the Immigration Act of 1990 [Pub. L. 101–649], ‘‘(A) in order to maintain the priority date with
and respect to such a petition, the petitioner must file
‘‘(2) section 309(b) [amending this section and sec- (by not later than October 1, 1993) a new petition for
tions 1154, 1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, classification of the employment under paragraph
and 1455 of this title and enacting provisions set out (1), (2), or (3) of section 203(b) of such Act (as
as a note under this section] shall take effect on the amended by this title), and
date of the enactment of this Act [Dec. 12, 1991].’’ ‘‘(B) any labor certification under section
Pub. L. 102–110, § 2(d), Oct. 1, 1991, 105 Stat. 557, pro- 212(a)(5)(A) of such Act required with respect to the
vided that: ‘‘This section [amending this section and new petition shall be deemed approved if the labor
sections 1153 and 1255 of this title] shall take effect 60 certification with respect to the previous petition
days after the date of the enactment of this Act [Oct. was previously approved under section 212(a)(14) of
1, 1991].’’ such Act.
In the case of a petition filed under section 204(a) of
such Act before October 1, 1991, but which is not de-
Pub. L. 101–649, title I, § 161, Nov. 29, 1990, 104 Stat. scribed in paragraph (4), and for which a filing fee was
5008, as amended by Pub. L. 102–110, § 4, Oct. 1, 1991, 105 paid, any additional filing fee shall not exceed one-
Stat. 557; Pub. L. 102–232, title III, § 302(e)(1), (2), Dec. 12, half of the fee for the filing of the new petition re-
1991, 105 Stat. 1745; Pub. L. 103–416, title II, §§ 218, ferred to in subparagraph (A).
219(aa), Oct. 25, 1994, 108 Stat. 4316, 4319; Pub. L. 104–208, ‘‘(2) Any petition filed under section 204(a) of the
div. C, title VI, § 671(f), Sept. 30, 1996, 110 Stat. 3009–724, Immigration and Nationality Act before October 1,
provided that: 1991, for preference status under section 203(a)(4) or
‘‘(a) IN GENERAL.—Except as otherwise provided in section 203(a)(5) of such Act (as in effect before such
this title, this title and the amendments made by this date) shall be deemed, as of such date, to be a peti-
title [enacting section 1186b of this title, amending this tion filed under such section for preference status
section, sections 1103, 1151 to 1154, 1157, 1159, 1182, 1251, under section 203(a)(3) or section 203(a)(4), respec-
1254, 1255, and 1325 of this title, section 3304 of Title 26, tively, of such Act (as amended by this title).
Internal Revenue Code, and section 1382c of Title 42, ‘‘(3) In the case of an alien who is described in sec-
The Public Health and Welfare, enacting provisions set tion 203(a)(8) of the Immigration and Nationality Act
out as notes under this section and sections 1152, 1153, (as in effect before October 1, 1991) as the spouse or
1159, 1182, 1201, and 1251 of this title, and amending pro- child of an alien admitted for permanent residence as
visions set out as notes under section 1255 of this title] a preference immigrant under section 203(a)(3) or
203(a)(6) of such Act (as in effect before such date) and section (a) [amending this section] shall apply to of-
who would be entitled to enter the United States fenses committed on or after the date of the enactment
under such section 203(a)(8) but for the amendments of this Act [Nov. 29, 1990], except that the amendments
made by this title [see subsec. (a) above], such an made by paragraphs (2) and (5) of subsection (a) shall be
alien shall be deemed to be described in section 203(d) effective as if included in the enactment of section 7342
of such Act as the spouse or child of an alien de- of the Anti-Drug Abuse Act of 1988 [Pub. L. 100–690].’’
scribed in section 203(b)(2) or 203(b)(3)(A)(i), respec- Pub. L. 101–649, title V, § 509(b), Nov. 29, 1990, 104 Stat.
tively, of such Act with the same priority date as 5051, as amended by Pub. L. 102–232, title III, § 306(a)(7),
that of the principal alien. Dec. 12, 1991, 105 Stat. 1751, provided that: ‘‘The amend-
‘‘(4)(A) Subject to subparagraph (B), any petition ment made by subsection (a) [amending this section]
filed before October 1, 1991, and approved on any date, shall take effect on the date of the enactment of this
to accord status under section 203(a)(3) or 203(a)(6) of Act [Nov. 29, 1990] and shall apply to convictions occur-
the Immigration and Nationality Act (as in effect be- ring on or after such date, except with respect to con-
fore such date) shall be deemed, on and after October viction for murder which shall be considered a bar to
1, 1991 (or, if later, the date of such approval), to be good moral character regardless of the date of the con-
a petition approved to accord status under section viction.’’
203(b)(2) or under the appropriate classification under Pub. L. 101–649, title VI, § 601(e), Nov. 29, 1990, 104
section 203(b)(3), respectively, of such Act (as in ef- Stat. 5077, provided that:
fect on and after such date). Nothing in this subpara- ‘‘(1) Except as provided in paragraph (2), the amend-
graph shall be construed as exempting the bene- ments made by this section [amending section 1182 of
ficiaries of such petitions from the numerical limita- this title] and by section 603(a) of this Act [amending
tions under section 203(b)(2) or 203(b)(3) of such Act. this section and sections 1102, 1153, 1157, 1159, 1160, 1161,
‘‘(B) Subparagraph (A) shall not apply more than
1181, 1183, 1201, 1224, 1225, 1226, 1254a, 1255a, 1259, 1322,
two years after the date the priority date for issuance
and 1327 of this title, repealing section 2691 of Title 22,
of a visa on the basis of such a petition has been
Foreign Relations and Intercourse, amending provi-
reached.
‘‘(d) ADMISSIBILITY STANDARDS.—When an immigrant, sions set out as notes under this section and sections
in possession of an unexpired immigrant visa issued be- 1255 and 1255a of this title, and repealing provisions set
fore October 1, 1991, makes application for admission, out as notes under section 1182 of this title] shall apply
the immigrant’s admissibility under paragraph (7)(A) of to individuals entering the United States on or after
section 212(a) of the Immigration and Nationality Act June 1, 1991.
[8 U.S.C. 1182(a)(7)(A)] shall be determined under the ‘‘(2) The amendments made by paragraphs (5) and (13)
provisions of law in effect on the date of the issuance of section 603(a) [amending sections 1160 and 1255a of
of such visa. this title] shall apply to applications for adjustment of
‘‘(e) CONSTRUCTION.—Nothing in this title [see subsec. status made on or after June 1, 1991.’’
(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], Amendment by Pub. L. 101–238 applicable to classi-
or section 202(e) of Public Law 99–603 [8 U.S.C. 1255a fication petitions filed for nonimmigrant status only
note].’’ during the 5-year period beginning on the first day of
[Pub. L. 103–416, title II, § 219(aa), Oct. 25, 1994, 108 the 9th month beginning after Dec. 18, 1989, see section
Stat. 4319, provided that the amendment made by sec- 3(d) of Pub. L. 101–238, set out as a note under section
tion 219(aa) to section 161(c)(3) of Pub. L. 101–649, set 1182 of this title.
out above, is effective as if included in section 4 of Pub. Pub. L. 101–162, title VI, § 611(b), Nov. 21, 1989, 103
L. 102–110, see below.] Stat. 1039, provided that: ‘‘The amendment made by
[Pub. L. 102–110, § 4, Oct. 1, 1991, 105 Stat. 557, provided subsection (a) [amending this section] shall take effect
that the amendment made by section 4, adding pars. (3) on October 1, 1989, upon the expiration of the similar
and (4) to section 161(c) of Pub. L. 101–649, set out amendment made by section 210(a) of the Department
above, is effective as if included in the Immigration of Justice Appropriations Act, 1989 (title II of Public
Act of 1990, Pub. L. 101–649.] Law 100–459, 102 Stat. 2203).’’
Pub. L. 101–649, title I, § 162(f)(3), Nov. 29, 1990, 104
Stat. 5012, provided that: ‘‘The amendments made by EFFECTIVE AND TERMINATION DATES OF 1988
this subsection [amending this section, section 1182 of AMENDMENT
this title, and provisions set out as a note under sec-
tion 1255 of this title] shall apply as though included in Pub. L. 100–525, § 2(s), Oct. 24, 1988, 102 Stat. 2614, pro-
the enactment of the Immigration Nursing Relief Act vided that: ‘‘The amendments made by this section
of 1989 [Pub. L. 101–238].’’ [amending this section, sections 1160, 1161, 1184, 1186,
Pub. L. 101–649, title II, § 203(d), Nov. 29, 1990, 104 Stat. 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a, 1324b,
5019, provided that: ‘‘The amendments made by this and 1357 of this title, section 1546 of Title 18, Crimes
section [enacting section 1288 of this title and amend- and Criminal Procedure, and section 1091 of Title 20,
ing this section and section 1281 of this title] shall Education, amending provisions set out as notes under
apply to services performed on or after 180 days after this section and sections 1188 and 1255a of this title and
the date of the enactment of this Act [Nov. 29, 1990].’’ section 1802 of Title 29, Labor, and repealing provisions
Pub. L. 101–649, title II, § 231, Nov. 29, 1990, 104 Stat. set out as a note under section 1255a of this title] shall
5028, provided that: ‘‘Except as otherwise provided in be effective as if they were included in the enactment
this title, this title, and the amendments made by this of the Immigration Reform and Control Act of 1986
title [enacting section 1288 of this title, amending this [Pub. L. 99–603].’’
section and sections 1182, 1184, 1187, 1281, and 1323 of Pub. L. 102–232, title III, § 309(b)(15), Dec. 12, 1991, 105
this title, and enacting provisions set out as notes Stat. 1759, provided that: ‘‘The amendments made by
under this section and sections 1182, 1184, 1187, and 1288 section 8 of the Immigration Technical Corrections Act
of this title], shall take effect on October 1, 1991, except of 1988 [Pub. L. 100–525, amending this section, sections
that sections 222 and 223 [enacting provisions set out as 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409, 1431 to
notes under this section] shall take effect on the date 1433, 1452, 1481, and 1483 of this title, and section 4195 of
of the enactment of this Act [Nov. 29, 1990].’’ Title 22, Foreign Relations and Intercourse, enacting
Amendment by section 407(a)(2) of Pub. L. 101–649 ef- provisions set out as notes under this section, sections
fective Nov. 29, 1990, with general savings provisions, 1153, 1201, 1401, 1409, 1451, and 1481 of this title, and sec-
see section 408(a)(3), (d) of Pub. L. 101–649, set out as an tion 4195 of Title 22, and amending provisions set out as
Effective Date of 1990 Amendment; Savings Provisions notes under this section and section 1153 of this title]
note under section 1421 of this title. shall be effective as if included in the enactment of the
Pub. L. 101–649, title V, § 501(b), Nov. 29, 1990, 104 Stat. Immigration and Nationality Act Amendments of 1986
5048, provided that: ‘‘The amendments made by sub- (Public Law 99–653).’’
Pub. L. 100–459, title II, § 210(b), Oct. 1, 1988, 102 Stat. ‘‘(B) for the purpose of determining the number of
2203, provided that: ‘‘The amendment made by sub- immigrant visa and adjustments of status which may
section (a) [amending this section] shall take effect as be made available under sections 203(a)(2) and
if included in the enactment of section 315 of the Immi- 202(e)(2) of such Act [sections 1153(a)(2) and 1152(e)(2)
gration Reform and Control Act of 1986 [Pub. L. 99–603] of this title], the granting of a conditional entry or
and shall expire on October 1, 1989.’’ adjustment of status under section 203(a)(7) or
202(e)(7) of such Act after September 30, 1979, and be-
EFFECTIVE DATE OF 1986 AMENDMENT fore April 1, 1980, shall be considered to be the grant-
Pub. L. 99–653, § 23(a), as added by Pub. L. 100–525, ing of an immigrant visa under section 203(a)(2) or
§ 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: ‘‘The 202(e)(2), respectively, of such Act during such period.
amendments made by sections 2, 4, and 7 [amending ‘‘(c)(1) The repeal of subsections (g) and (h) of section
this section and sections 1152, 1182, 1228, 1251, and 1356 203 of the Immigration and Nationality Act, made by
of this title] apply to visas issued, and admissions oc- section 203(c)(8) of this title [section 1153(g) and (h) of
curring, on or after November 14, 1986.’’ this title], shall not apply with respect to any individ-
Amendment by section 301(a) of Pub. L. 99–603 appli- ual who before April 1, 1980, was granted a conditional
cable to petitions and applications filed under sections entry under section 203(a)(7) of the Immigration and
1184(c) and 1188 of this title on or after the first day of Nationality Act (and under section 202(e)(7) of such Act
the seventh month beginning after Nov. 6, 1986, see sec- [section 1152(e)(7) of this title], if applicable), as in ef-
tion 301(d) of Pub. L. 99–603, as amended, set out as an fect immediately before such date, and it shall not
Effective Date note under section 1188 of this title. apply to any alien paroled into the United States be-
fore April 1, 1980, who is eligible for the benefits of sec-
EFFECTIVE DATE OF 1981 AMENDMENT tion 5 of Public Law 95–412 [set out as a note under sec-
Pub. L. 97–116, § 21, Dec. 29, 1981, 95 Stat. 1622, provided tion 1182 of this title].
that: ‘‘(2) An alien who, before April 1, 1980, established a
‘‘(a) Except as provided in subsection (b) and in sec- date of registration at an immigration office in a for-
tion 5(c) [set out as a note under section 1182 of this eign country on the basis of entitlement to a condi-
title], the amendments made by this Act [see Short tional entrant status under section 203(a)(7) of the Im-
Title of 1981 Amendment note below] shall take effect migration and Nationality Act (as in effect before such
on the date of the enactment of this Act [Dec. 29, 1981]. date) [section 1153(a)(7) of this title], shall be deemed to
‘‘(b)(1) The amendments made by section 2(a) [amend- be entitled to refugee status under section 207 of such
ing this section] shall apply on and after the first day Act (as added by section 201(b) of this title) [section
of the sixth month beginning after the date of the en- 1157 of this title] and shall be accorded the date of reg-
actment of this Act [Dec. 29, 1981]. istration previously established by that alien. Nothing
‘‘(2) The amendment made by section 16 [amending in this paragraph shall be construed to preclude the ac-
section 1455 of this title] shall apply to fiscal years be- quisition by such an alien of a preference status under
ginning on or after October 1, 1981.’’ section 203(a) of such Act.
‘‘(3) The provisions of paragraphs (14), (15), (20), (21),
EFFECTIVE DATE OF 1980 AMENDMENT (25), and (32) if section 212(a) of the Immigration and
Pub. L. 96–212, title II, § 204(a)–(c), Mar. 17, 1980, 94 Nationality Act [former section 1182(a)(14), (15), (20),
Stat. 108, provided that: (21), (25), and (32) of this title] shall not be applicable
‘‘(a) Except as provided in subsections (b) and (c), this to any alien who has entered the United States before
title and the amendments made by this title [enacting April 1, 1980, pursuant to section 203(a)(7) of such Act
sections 1157, 1158, and 1159 of this title, amending this [section 1153(a)(7) of this title] or who has been paroled
section and sections 1151 to 1153, 1181, 1182, 1253, and as a refugee into the United States under section
1254 of this title, enacting provisions set out as notes 212(d)(5) of such Act, and who is seeking adjustment of
under sections 1153, 1157, 1158, 1182, and 1521 of this status, and the Attorney General may waive any other
title, and amending provisions set out as a note under provision of section 212(a) of such Act (other than para-
sections 1182 and 1255 of this title] shall take effect on graph (27), (29), or (33) and other than so much of para-
the date of the enactment of this Act [Mar. 17, 1980], graph (23) as relates to trafficking in narcotics) with
and shall apply to fiscal years beginning with the fiscal respect to such an alien for humanitarian purposes, to
year beginning October 1, 1979. assure family unity, or when it is otherwise in the pub-
‘‘(b)(1)(A) Section 207(c) of the Immigration and Na- lic interest.’’
tionality Act (as added by section 201(b) of this Act) EFFECTIVE DATE OF 1979 AMENDMENT
[section 1157(c) of this title] and the amendments made
by subsections (b), (c), and (d) of section 203 of this Act Pub. L. 96–70, title III, § 3201(d)(1), Sept. 27, 1979, 93
[amending sections 1152, 1153, 1182, and 1254 of this title] Stat. 497, provided that: ‘‘The amendments made by
shall take effect on April 1, 1980. this section [amending this section and section 1182 of
‘‘(B) The amendments made by section 203(f) [amend- this title] shall take effect on the date of the enact-
ing section 1182 of this title] shall apply to aliens pa- ment of this Act [Sept. 27, 1979].’’
roled into the United States on or after the sixtieth EFFECTIVE DATE OF 1977 AMENDMENT
day after the date of the enactment of this Act [Mar.
17, 1980]. Pub. L. 94–484, title VI, § 602(d), as added by Pub. L.
‘‘(C) The amendments made by section 203(i) [amend- 95–83, title III, § 307(q)(3), Aug. 1, 1977, 91 Stat. 395, pro-
ing section 1153 of this title and provisions set out as vided that: ‘‘This section [amending this section and
notes under section 1255 of this title] shall take effect enacting provisions set out as a note under section 1182
immediately before April 1, 1980. of this title] and the amendment made by subsection
‘‘(2) Notwithstanding sections 207(a) and 209(b) of the (c) [amending this section] are effective January 10,
Immigration and Nationality Act (as added by section 1977, and the amendments made by subsections (b)(4)
201(b) of this Act) [sections 1157(a) and 1159(b) of this and (d) of section 601 [amending this section and sec-
title], the fifty thousand and five thousand numerical tion 1182 of this title] shall apply only on and after Jan-
limitations specified in such respective sections shall, uary 10, 1978, notwithstanding subsection (f) of such
for fiscal year 1980, be equal to 25,000 and 2,500, respec- section [set out as an Effective Date of 1976 Amend-
tively. ments note under section 1182 of this title].’’
‘‘(3) Notwithstanding any other provision of law, for
fiscal year 1980—
‘‘(A) the fiscal year numerical limitation specified Pub. L. 94–571, § 10, Oct. 20, 1976, 90 Stat. 2707, provided
in section 201(a) of the Immigration and Nationality that: ‘‘The foregoing provisions of this Act, including
Act [section 1151(a) of this title] shall be equal to the amendments made by such provisions [see Short
280,000, and Title of 1976 Amendment note below], shall become ef-
fective on the first day of the first month which begins SHORT TITLE OF 2006 AMENDMENT
more than sixty days after the date of enactment of
Pub. L. 109–463, § 1, Dec. 22, 2006, 120 Stat. 3477, pro-
this Act [Oct. 20, 1976].’’
vided that: ‘‘This Act [amending section 1184 of this
Amendment by section 601(b)(4) of Pub. L. 94–484 ap-
title] may be cited as either the ‘Creating Opportuni-
plicable only on and after Jan. 10, 1978, notwithstanding
ties for Minor League Professionals, Entertainers, and
section 601(f) of Pub. L. 94–484, see section 602(d) of Pub.
Teams through Legal Entry Act of 2006’ or the ‘COM-
L. 94–484, as added by section 307(q)(3) of Pub. L. 95–83,
PETE Act of 2006’.’’
set out as an Effective Date of 1977 Amendment note Pub. L. 109–423, § 1, Dec. 20, 2006, 120 Stat. 2900, pro-
above. vided that: ‘‘This Act [enacting and amending provi-
Amendment by Pub. L. 94–484 effective ninety days sions set out as notes under section 1182 of this title]
after Oct. 12, 1976, see section 601(f) of Pub. L. 94–484, set may be cited as the ‘Nursing Relief for Disadvantaged
out as a note under section 1182 of this title. Areas Reauthorization Act of 2005’.’’
EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 109–367, § 1, Oct. 26, 2006, 120 Stat. 2638, pro-
vided that: ‘‘This Act [enacting provisions set out as a
For effective date of amendment by Pub. L. 89–236, note under section 1701 of this title and amending pro-
see section 20 of Pub. L. 89–236, set out as a note under visions set out as a note under section 1103 of this title]
section 1151 of this title. may be cited as the ‘Secure Fence Act of 2006’.’’
EFFECTIVE DATE Pub. L. 109–162, title VIII, § 831, Jan. 5, 2006, 119 Stat.
3066, provided that: ‘‘This subtitle [subtitle D
Act June 27, 1952, ch. 477, title IV, § 407, 66 Stat. 281, (§§ 831–834) of title VIII of Pub. L. 109–162, enacting sec-
provided that: ‘‘Except as provided in subsection (k) of tion 1375a of this title, amending section 1184 of this
section 401 [former section 1106(k) of this title], this title, repealing section 1375 of this title, and enacting
Act [this chapter] shall take effect at 12:01 ante merid- provisions set out as notes under sections 1184 and 1202
ian United States Eastern Standard Time on the one of this title] may be cited as the ‘International Mar-
hundred eightieth day immediately following the date riage Broker Regulation Act of 2005’.’’
of its enactment [June 27, 1952].’’
SHORT TITLE OF 2005 AMENDMENT
Pub. L. 109–13, div. B, § 1, May 11, 2005, 119 Stat. 302,
Pub. L. 114–113, div. O, title II, § 201, Dec. 18, 2015, 129 provided that: ‘‘This division [enacting section 1778 of
Stat. 2988, provided that: ‘‘This title [enacting section this title, amending this section, sections 1157 to 1159,
1187a of this title, amending sections 1187 and 1732 of 1182, 1184, 1227, 1229a, 1231, 1252, and 1356 of this title,
this title, and enacting provisions set out as a note and section 1028 of Title 18, Crimes and Criminal Proce-
under section 1187 of this title] may be cited as the dure, enacting provisions set out as notes under this
‘Visa Waiver Program Improvement and Terrorist section, sections 1157, 1158, 1182, 1184, 1227, 1252, 1712,
Travel Prevention Act of 2015’.’’ and 1721 of this title, and section 30301 of Title 49,
Pub. L. 114–70, § 1, Oct. 16, 2015, 129 Stat. 561, provided Transportation, amending provisions set out as notes
that: ‘‘This Act [amending section 1201 of this title] under sections 1103, 1153, and 1184 of this title, and re-
may be cited as the ‘Adoptive Family Relief Act’.’’ pealing provisions set out as a note under section 30301
SHORT TITLE OF 2014 AMENDMENT of Title 49] may be cited as the ‘REAL ID Act of 2005’.’’
Pub. L. 109–13, div. B, title IV, § 401, May 11, 2005, 119
Pub. L. 113–74, § 1, Jan. 16, 2014, 127 Stat. 1212, provided Stat. 318, provided that: ‘‘This title [amending sections
that: ‘‘This Act [amending section 1431 of this title] 1184 and 1356 of this title and enacting and amending
may be cited as the ‘Accuracy for Adoptees Act’.’’ provisions set out as notes under section 1184 of this
SHORT TITLE OF 2010 AMENDMENT title] may be cited as the ‘Save Our Small and Seasonal
Businesses Act of 2005’.’’
Pub. L. 111–287, § 1, Nov. 30, 2010, 124 Stat. 3058, pro-
vided that: ‘‘This Act [amending this section and sec- SHORT TITLE OF 2004 AMENDMENT
tion 1182 of this title and enacting provisions set out as Pub. L. 108–447, div. J, title IV, § 401, Dec. 8, 2004, 118
a note under this section] may be cited as [the] ‘Inter- Stat. 3351, provided that: ‘‘This title [enacting sections
national Adoption Simplification Act’.’’ 1380 and 1381 of this title, amending sections 1182, 1184,
SHORT TITLE OF 2008 AMENDMENT and 1356 of this title, section 2916a of Title 29, Labor,
and section 1869c of Title 42, The Public Health and
Pub. L. 110–391, § 1, Oct. 10, 2008, 122 Stat. 4193, pro- Welfare, and enacting provisions set out as notes under
vided that: ‘‘This Act [amending this section and enact- this section and sections 1182 and 1184 of this title] may
ing provisions set out as notes under this section] may be cited as the ‘L–1 Visa and H–1B Visa Reform Act’.’’
be cited as [the] ‘Special Immigrant Nonminister Reli- Pub. L. 108–447, div. J, title IV, § 411, Dec. 8, 2004, 118
gious Worker Program Act’.’’ Stat. 3351, provided that: ‘‘This subtitle [subtitle A
Pub. L. 110–382, § 1, Oct. 9, 2008, 122 Stat. 4087, which (§§ 411–417) of title IV of div. J of Pub. L. 108–447, enact-
provided that Pub. L. 110–382 could be cited as the ing section 1380 of this title, amending section 1184 of
‘‘Military Personnel Citizenship Processing Act’’, was this title, and enacting provisions set out as notes
repealed by Pub. L. 110–382, § 4, Oct. 9, 2008, 122 Stat. under section 1184 of this title] may be cited as the ‘L–1
4089, effective 5 years after Oct. 9, 2008. Visa (Intracompany Transferee) Reform Act of 2004’.’’
Pub. L. 110–251, § 1, June 26, 2008, 122 Stat. 2319, pro- Pub. L. 108–447, div. J, title IV, § 421, Dec. 8, 2004, 118
vided that: ‘‘This Act [enacting sections 1440f and 1440g Stat. 3353, provided that: ‘‘This subtitle [subtitle B
of this title] may be cited as the ‘Kendell Frederick (§§ 421–430) of title IV of div. J of Pub. L. 108–447, enact-
Citizenship Assistance Act’.’’ ing section 1381 of this title, amending sections 1182,
1184, and 1356 of this title, section 2916a of Title 29,
Labor, and section 1869c of Title 42, The Public Health
Pub. L. 110–53, title VII, § 711(a), Aug. 3, 2007, 121 Stat. and Welfare, and enacting provisions set out as notes
338, provided that: ‘‘This section [amending section 1187 under sections 1182 and 1184 of this title] may be cited
of this title and enacting provisions set out as notes as the ‘H–1B Visa Reform Act of 2004’.’’
under section 1187 of this title] may be cited as the ‘Se-
cure Travel and Counterterrorism Partnership Act of
2007’.’’ Pub. L. 108–156, § 1, Dec. 3, 2003, 117 Stat. 1944, provided
Pub. L. 109–477, § 1, Jan. 12, 2007, 120 Stat. 3572, pro- that: ‘‘This Act [enacting provisions set out as a note
vided that: ‘‘This Act [enacting and amending provi- under section 1153 of this title and amending provisions
sions set out as notes under section 1182 of this title] set out as notes under sections 1153, 1324a, and 1360 of
may be cited as the ‘Physicians for Underserved Areas this title] may be cited as the ‘Basic Pilot Program Ex-
Act’.’’ tension and Expansion Act of 2003’.’’
SHORT TITLE OF 2002 AMENDMENT Pub. L. 106–313, title I, § 101, Oct. 17, 2000, 114 Stat.
Pub. L. 107–274, § 1, Nov. 2, 2002, 116 Stat. 1923, pro- 1251, provided that: ‘‘This title [amending sections 1152,
vided that: ‘‘This Act [amending this section and sec- 1154, 1182, 1184, and 1356 of this title, section 2916a of
tion 1184 of this title] may be cited as the ‘Border Com- Title 29, Labor, and section 1869c of Title 42, The Public
muter Student Act of 2002’.’’ Health and Welfare, enacting provisions set out as
Pub. L. 107–273, div. C, title I, § 11030(a), Nov. 2, 2002, notes under this section, sections 1153, 1184, and 1356 of
116 Stat. 1836, provided that: ‘‘This section [amending this title, section 2701 of Title 29, and sections 1862 and
section 1440–1 of this title] may be cited as the ‘Post- 13751 of Title 42, and amending provisions set out as a
humous Citizenship Restoration Act of 2002’.’’ note under section 1182 of this title] may be cited as the
Pub. L. 107–258, § 1, Oct. 29, 2002, 116 Stat. 1738, pro- ‘American Competitiveness in the Twenty-first Cen-
vided that: ‘‘This Act [amending provisions set out as tury Act of 2000’.’’
a note under section 1157 of this title] may be cited as Pub. L. 106–215, § 1, June 15, 2000, 114 Stat. 337, pro-
the ‘Persian Gulf War POW/MIA Accountability Act of vided that: ‘‘This Act [amending section 1365a of this
2002’.’’ title and enacting provisions set out as a note under
Pub. L. 107–208, § 1, Aug. 6, 2002, 116 Stat. 927, provided section 1365a of this title] may be cited as the ‘Immi-
that: ‘‘This Act [amending sections 1151, 1153, 1154, 1157, gration and Naturalization Service Data Management
and 1158 of this title and enacting provisions set out as Improvement Act of 2000’.’’
a note under section 1151 of this title] may be cited as
the ‘Child Status Protection Act’.’’ SHORT TITLE OF 1999 AMENDMENT
Pub. L. 107–150, § 1, Mar. 13, 2002, 116 Stat. 74, provided Pub. L. 106–95, § 1, Nov. 12, 1999, 113 Stat. 1312, pro-
that: ‘‘This Act [amending sections 1182 and 1183a of vided that: ‘‘This Act [amending this section and sec-
this title and enacting provisions set out as a note tions 1153 and 1182 of this title, enacting provisions set
under section 1182 of this title] may be cited as the out as a note under section 1182 of this title, and
‘Family Sponsor Immigration Act of 2002’.’’ amending provisions set out as a note under this sec-
Pub. L. 107–128, § 1, Jan. 16, 2002, 115 Stat. 2407, pro- tion] may be cited as the ‘Nursing Relief for Disadvan-
vided that: ‘‘This Act [enacting and amending provi- taged Areas Act of 1999’.’’
sions set out as notes under section 1324a of this title]
may be cited as the ‘Basic Pilot Extension Act of SHORT TITLE OF 1998 AMENDMENT
2001’.’’
Pub. L. 105–277, div. A, § 101(h) [title IX, § 901], Oct. 21,
SHORT TITLE OF 2000 AMENDMENT 1998, 112 Stat. 2681–480, 2681–538, provided that: ‘‘This
title [enacting sections 1377 and 1378 of this title and
Pub. L. 106–554, § 1(a)(4) [div. B, title XV, § 1501], Dec.
provisions set out as a note under section 1255 of this
21, 2000, 114 Stat. 2763, 2763A–324, provided that: ‘‘This
title] may be cited as the ‘Haitian Refugee Immigra-
title [amending section 1255 of this title, enacting pro-
tion Fairness Act of 1998’.’’
visions set out as notes under section 1255 of this title,
Pub. L. 105–277, div. C, title IV, § 401(a), Oct. 21, 1998,
and amending provisions set out as notes under this
112 Stat. 2681–641, provided that: ‘‘This title [enacting
section and section 1255 of this title] may be cited as
section 1869c of Title 42, The Public Health and Welfare,
the ‘LIFE Act Amendments of 2000’.’’
amending this section and sections 1182, 1184, and 1356
Pub. L. 106–553, § 1(a)(2) [title XI, § 1101], Dec. 21, 2000,
of this title, and enacting provisions set out as notes
114 Stat. 2762, 2762A–142, provided that: ‘‘This title
under sections 1182 and 1184 of this title and sections
[amending this section and sections 1184, 1186a, and 1255
2701 and 2916 of Title 29, Labor] may be cited as the
of this title, and enacting provisions set out as notes
‘American Competitiveness and Workforce Improve-
under this section] may be cited as—
‘‘(1) the ‘Legal Immigration Family Equity Act’; or ment Act of 1998’.’’
‘‘(2) the ‘LIFE Act’.’’ SHORT TITLE OF 1997 AMENDMENT
Pub. L. 106–409, § 1, Nov. 1, 2000, 114 Stat. 1787, pro-
vided that: ‘‘This Act [amending this section and enact- Pub. L. 105–119, title I, § 112(a), Nov. 26, 1997, 111 Stat.
ing provisions set out as a note under this section] may 2459, provided that: ‘‘This section [enacting, amending,
be cited as the ‘Religious Workers Act of 2000’.’’ and repealing provisions set out as notes under section
Pub. L. 106–406, § 1, Nov. 1, 2000, 114 Stat. 1755, pro- 1440 of this title] may be cited as the ‘Philippine Army,
vided that: ‘‘This Act [amending section 1229c of this Scouts, and Guerilla Veterans of World War II Natu-
title] may be cited as the ‘International Patient Act of ralization Act of 1997’.’’
2000’.’’ Pub. L. 105–100, title II, § 201, Nov. 19, 1997, 111 Stat.
Pub. L. 106–396, § 1, Oct. 30, 2000, 114 Stat. 1637, pro- 2193, provided that: ‘‘This title [amending section 1229b
vided that: ‘‘This Act [amending sections 1182, 1184, of this title, enacting provisions set out as notes under
1187, and 1372 of this title, enacting provisions set out this section and sections 1151, 1153, 1229b, and 1255 of
as a note under section 1187 of this title and classified this title, and amending provisions set out as a note
as a note under section 763 of Title 47, Telecommunica- under this section] may be cited as the ‘Nicaraguan Ad-
tions, and amending provisions set out as a note under justment and Central American Relief Act’.’’
section 1153 of this title] may be cited as the ‘Visa
Waiver Permanent Program Act’.’’ SHORT TITLE OF 1996 AMENDMENT
Pub. L. 106–395, § 1, Oct. 30, 2000, 114 Stat. 1631, pro-
Pub. L. 104–208, div. C, § 1(a), Sept. 30, 1996, 110 Stat.
vided that: ‘‘This Act [amending this section, sections
3009–546, provided that: ‘‘This division [see Tables for
1182, 1227, 1431, and 1433 of this title, and sections 611
classification] may be cited as the ‘Illegal Immigration
and 1015 of Title 18, Crimes and Criminal Procedure, re-
Reform and Immigrant Responsibility Act of 1996’.’’
pealing section 1432 of this title, and enacting provi-
sions set out as notes under this section, sections 1182, SHORT TITLE OF 1994 AMENDMENT
1227, and 1431 of this title, and section 611 of Title 18]
may be cited as the ‘Child Citizenship Act of 2000’.’’ Pub. L. 103–416, § 1, Oct. 25, 1994, 108 Stat. 4305, pro-
Pub. L. 106–386, div. B, title V, § 1501, Oct. 28, 2000, 114 vided that: ‘‘This Act [see Tables for classification]
Stat. 1518, provided that: ‘‘This title [amending this may be cited as the ‘Immigration and Nationality
section, sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b, Technical Corrections Act of 1994’.’’
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, enact- Pub. L. 102–232, § 1(a), Dec. 12, 1991, 105 Stat. 1733, pro-
ing provisions set out as notes under this section and vided that: ‘‘This Act [amending this section, sections
sections 1229a, 1229b, and 1255 of this title, and amend- 1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a
ing provisions set out as notes under this section and to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252a, 1252b,
section 1255 of this title] may be cited as the ‘Battered 1254 to 1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to
Immigrant Women Protection Act of 2000’.’’ 1324c, 1325, 1356, 1357, 1421, 1423, 1424, 1433, 1439 to 1441,
1443, 1445 to 1452, and 1455 of this title, and section 3753 tions and Intercourse, enacting provisions set out as
of Title 42, The Public Health and Welfare, enacting notes under this section and sections 1153, 1182, 1201,
provisions set out as notes under this section and sec- 1227, 1254, 1255, 1356, 1401, 1409, 1451, 1481, and 1522 of this
tions 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255, title and section 4195 of Title 22, amending provisions
1356, and 1421 of this title, and amending provisions set set out as notes under this section and sections 1153,
out as notes under this section and sections 1105a, 1153, 1182, 1188, and 1255a of this title and section 1802 of Title
1158, 1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this 29, Labor, and repealing provisions set out as a note
title] may be cited as the ‘Miscellaneous and Technical under section 1255a of this title] may be cited as the
Immigration and Naturalization Amendments of 1991’.’’ ‘Immigration Technical Corrections Act of 1988’.’’
Pub. L. 102–232, title I, § 101, Dec. 12, 1991, 105 Stat.
1733, provided that: ‘‘This title [amending sections 1421, SHORT TITLE OF 1986 AMENDMENT
1448, 1450, and 1455 of this title and enacting provisions Pub. L. 99–653, § 1(a), formerly § 1, Nov. 14, 1986, 100
set out as a note under section 1421 of this title] may Stat. 3655, as renumbered by Pub. L. 100–525, § 8(a)(1),
be cited as the ‘Judicial Naturalization Ceremonies Oct. 24, 1988, 102 Stat. 2617, provided that: ‘‘this Act
Amendments of 1991’.’’ [amending this section, sections 1152, 1182, 1201, 1202,
Pub. L. 102–232, title II, § 201, Dec. 12, 1991, 105 Stat. 1228, 1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451,
1736, provided that: ‘‘This title [amending this section 1452, 1481, and 1483 of this title, and section 4195 of Title
and section 1184 of this title and enacting provisions set 22, Foreign Relations and Intercourse, and repealing
out as notes under this section and section 1184 of this section 1201a of this title and provisions set out as
title] may be cited as the ‘O and P Nonimmigrant notes under section 1153 of this title] may be cited as
Amendments of 1991’.’’ the ‘Immigration and Nationality Act Amendments of
Pub. L. 102–232, title III, § 301(a), Dec. 12, 1991, 105 1986’.’’
Stat. 1742, provided that: ‘‘This title [amending this Pub. L. 99–639, § 1, Nov. 10, 1986, 100 Stat. 3537, pro-
section, sections 1102, 1105a, 1151 to 1154, 1157, 1159 to vided that: ‘‘This Act [enacting section 1186a of this
1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227, 1229, title, amending sections 1154, 1182, 1184, 1251, 1255, and
1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284, 1288, 1325 of this title, and enacting provisions set out as
1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423, 1424, notes under sections 1154, 1182, 1184, and 1255 of this
1433, 1439 to 1441, 1443, 1445 to 1449, 1451, 1452, and 1455 of title] may be cited as the ‘Immigration Marriage Fraud
this title, and section 3753 of Title 42, The Public Amendments of 1986’.’’
Health and Welfare, enacting provisions set out as Pub. L. 99–605, § 1(a), Nov. 6, 1986, 100 Stat. 3449, pro-
notes under this section and sections 1151, 1157, 1160, vided that: ‘‘This Act [amending sections 1522 to 1524 of
1182, 1251, 1252, 1254a, 1255, and 1356 of this title, and this title and enacting provisions set out as notes
amending provisions set out as notes under this section under section 1522 of this title] may be cited as the
and sections 1105a, 1153, 1158, 1160, 1184, 1201, 1251, 1254a, ‘Refugee Assistance Extension Act of 1986’.’’
1255, and 1421 of this title] may be cited as the ‘Immi- Pub. L. 99–603, § 1(a), Nov. 6, 1986, 100 Stat. 3359, pro-
gration Technical Corrections Act of 1991’.’’ vided that: ‘‘This Act [enacting sections 1160, 1161, 1186,
Pub. L. 102–110, § 1, Oct. 1, 1991, 105 Stat. 555, provided 1187, 1255a, 1324a, 1324b, 1364, and 1365 of this title and
that: ‘‘This Act [amending this section and sections section 1437r of Title 42, The Public Health and Welfare,
1153, 1255, and 1524 of this title and enacting and amend- amending this section, sections 1152, 1184, 1251, 1252,
ing provisions set out as notes under this section] may 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title, sec-
be cited as the ‘Armed Forces Immigration Adjustment tion 2025 of Title 7, Agriculture, section 1546 of Title 18,
Act of 1991’.’’ 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,
Pub. L. 101–649, § 1(a), Nov. 29, 1990, 104 Stat. 4978, pro- 1203, 1320b–7, 1353, 1396b, and 1436a of Title 42, repealing
vided that: ‘‘This Act [see Tables for classification] section 1816 of Title 29, enacting provisions set out as
may be cited as the ‘Immigration Act of 1990’.’’ notes under this section and sections 1152, 1153, 1160,
Pub. L. 101–249, § 1, Mar. 6, 1990, 104 Stat. 94, provided 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this title,
that: ‘‘This Act [enacting section 1440–1 of this title] section 1802 of Title 29, and sections 405, 502, and 1320b–7
may be cited as the ‘Posthumous Citizenship for Active of Title 42, and amending provisions set out as notes
Duty Service Act of 1989’.’’ under this section and section 1383 of Title 42] may be
cited as the ‘Immigration Reform and Control Act of
SHORT TITLE OF 1989 AMENDMENT 1986’.’’
Pub. L. 101–238, § 1, Dec. 18, 1989, 103 Stat. 2099, pro- SHORT TITLE OF 1982 AMENDMENT
vided that: ‘‘This Act [amending this section and sec-
tions 1160 and 1182 of this title, enacting provisions set Pub. L. 97–363, § 1, Oct. 25, 1982, 96 Stat. 1734, provided
out as notes under sections 1182, 1255, 1255a, and 1324a that: ‘‘This Act [amending sections 1522, 1523, and 1524
of this title, and amending provisions set out as a note of this title and enacting provisions set out as a note
under section 1255a of this title] may be cited as the under section 1522 of this title] may be cited as the
‘Immigration Nursing Relief Act of 1989’.’’ ‘Refugee Assistance Amendments of 1982’.’’
SHORT TITLE OF 1988 AMENDMENT SHORT TITLE OF 1981 AMENDMENT
Pub. L. 100–658, § 1, Nov. 15, 1988, 102 Stat. 3908, pro- Pub. L. 97–116, § 1(a), Dec. 29, 1981, 95 Stat. 1611, pro-
vided that: ‘‘This Act [enacting provisions set out as vided that: ‘‘this Act [amending this section, sections
notes under this section and section 1153 of this title 1105a, 1151, 1152, 1154, 1182, 1201, 1203, 1221, 1227, 1251, 1252,
and amending provisions set out as a note under sec- 1253, 1254, 1255, 1255b, 1258, 1305, 1324, 1356, 1361, 1401a,
tion 1153 of this title] may be cited as the ‘Immigration 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445, 1446, 1447, 1448,
Amendments of 1988’.’’ 1452, 1455, 1481, and 1483 of this title, and section 1429 of
Pub. L. 100–525, § 1(a), Oct. 24, 1988, 102 Stat. 2609, pro- Title 18, Crimes and Criminal Procedure, enacting pro-
vided that: ‘‘This Act [amending this section, sections visions set out as notes under this section and sections
1102, 1103, 1104, 1105a, 1152, 1154, 1157, 1160, 1161, 1182, 1184, 1151 and 1182 of this title, amending a provision set out
1186, 1186a, 1187, 1188, 1201, 1201a, 1202, 1222, 1223, 1224, as a note under this section, and repealing a provision
1227, 1251, 1252, 1254, 1255, 1255a, 1255b, 1259, 1301, 1302, set out as a note under section 1182 of this title] may
1304, 1305, 1324, 1324a, 1324b, 1353, 1356, 1357, 1360, 1408, be cited as the ‘Immigration and Nationality Act
1409, 1421, 1422, 1424, 1426, 1431, 1432, 1433, 1435, 1440, 1441, Amendments of 1981’.’’
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, Pub. L. 96–212, § 1, Mar. 17, 1980, 94 Stat. 102, provided:
Education, and section 4195 of Title 22, Foreign Rela- ‘‘That this Act [enacting sections 1157 to 1159 and 1521
to 1525 of this title, amending this section, sections 1151 the changes made by this section to section
to 1153, 1181, 1182, 1253, and 1254 of this title, and section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration
2601 of Title 22, Foreign Relations and Intercourse, en- and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b),
acting provision set out as notes under this section and 1182(n)] no later than January 2, 1992.’’
sections 1153, 1157, 1158, 1521, and 1522 of this title, Pub. L. 102–140, title VI, § 610, Oct. 28, 1991, 105 Stat.
amending provisions set out as notes under sections 832, as amended by Pub. L. 103–416, title II, § 219(l)(2),
1182 and 1255 of this title, and repealing provisions set Oct. 25, 1994, 108 Stat. 4317, provided that:
out as a note under section 2601 of Title 22] may be ‘‘(a) The Attorney General shall prescribe regulations
cited as the ‘Refugee Act of 1980’.’’ under title 5, United States Code, to carry out section
404(b)(1) of the Immigration and Nationality Act [act
SHORT TITLE OF 1976 AMENDMENT June 27, 1952, as amended, set out as a note above], in-
Pub. L. 94–571, § 1, Oct. 20, 1976, 90 Stat. 2703, provided: cluding a delineation of (1) scenarios that constitute an
‘‘That this Act [amending this section and sections immigration emergency, (2) the process by which the
1151, 1152 to 1154, 1181, 1182, 1251, 1254, and 1255 of this President declares an immigration emergency, (3) the
title and enacting provisions set out as notes under role of the Governor and local officials in requesting a
this section and sections 1153 and 1255 of this title] may declaration of emergency, (4) a definition of ‘assistance
as required by the Attorney General’, and (5) the proc-
be cited as the ‘Immigration and Nationality Act
ess by which States and localities are to be reimbursed.
Amendments of 1976’.’’
‘‘(b) The Attorney General shall prescribe regulations
SHORT TITLE under title 5, United States Code, to carry out section
404(b)(2) of such Act, including providing a definition of
Act June 27, 1952, ch. 477, § 1, 66 Stat. 163, provided the terms in section 404(b)(2)(A)(ii) and a delineation of
that such act, enacting this chapter, section 1429 of ‘in any other circumstances’ in section 404(b)(2)(A)(iii)
Title 18, Crimes and Criminal Procedure, amending sec- of such Act.
tions 1353a, 1353d, 1552 of this title, sections 342b, 342c, ‘‘(c) The regulations under this section shall be pub-
342e of former Title 5, Executive Departments and Gov- lished for comment not later than 30 days after the
ernment Officers and Employees, sections 1114, 1546 of date of enactment of this Act [Oct. 28, 1991] and issued
Title 18, sections 618, 1446 of Title 22, Foreign Relations in final form not later than 15 days after the end of the
and Intercourse, sections 1, 177 of former Title 49, comment period.’’
Transportation, sections 1952 to 1955 and 1961 of the
former Appendix to Title 50, War and National Defense, SAVINGS CLAUSE
repealing section 530 of former Title 31, Money and Fi- Act June 27, 1952, ch. 477, title IV, § 405, 66 Stat. 280,
nance, enacting provisions set out as notes under this provided in part that:
section and amending provisions set out as notes under ‘‘(a) Nothing contained in this Act [this chapter], un-
sections 1435 and 1440 of this title, may be cited as the less otherwise specifically provided therein, shall be
‘‘Immigration and Nationality Act’’. construed to affect the validity of any declaration of
intention, petition for naturalization, certificate of
REPEAL AND REVIVAL naturalization, certificate of citizenship, warrant of ar-
Pub. L. 100–525, § 8(b), Oct. 24, 1988, 102 Stat. 2617, pro- rest, order or warrant of deportation, order of exclu-
vided that: ‘‘Section 3 of INAA [Pub. L. 99–653, repeal- sion, or other document or proceeding which shall be
ing subsec. (c)(1) of this section] is repealed and the valid at the time this Act [this chapter] shall take ef-
language stricken by such section is revived as of No- fect; or to affect any prosecution, suit, action, or pro-
vember 14, 1986.’’ ceedings, civil or criminal, brought, or any status, con-
dition, right in process of acquisition, act, thing, liabil-
REPEALS ity, obligation, or matter, civil or criminal done or ex-
Act June 27, 1952, ch. 477, title IV, § 403(b), 66 Stat. 280, isting, at the time this Act [this chapter] shall take ef-
provided that: ‘‘Except as otherwise provided in section fect; but as to all such prosecutions, suits, actions, pro-
405 [set out below], all other laws, or parts of laws, in ceedings, statutes, conditions, rights, acts, things, li-
conflict or inconsistent with this Act [this chapter] abilities, obligations, or matters the statutes or parts
are, to the extent of such conflict or inconsistency, re- of statutes repealed by this Act [this chapter] are, un-
pealed.’’ less otherwise specifically provided therein, hereby
continued in force and effect. When an immigrant, in
REGULATIONS possession of an unexpired immigrant visa issued prior
to the effective date of this Act [this chapter], makes
Pub. L. 110–391, § 2(b), Oct. 10, 2008, 122 Stat. 4193, pro-
application for admission, his admissibility shall be de-
vided that: ‘‘Not later than 30 days after the date of the
termined under the provisions of law in effect on the
enactment of this Act [Oct. 10, 2008], the Secretary of
date of the issuance of such visa. An application for
Homeland Security shall—
suspension of deportation under section 19 of the Immi-
‘‘(1) issue final regulations to eliminate or reduce
gration Act of 1917, as amended [former section 155 of
fraud related to the granting of special immigrant
this title], or for adjustment of status under section 4
status for special immigrants described in subclause of the Displaced Persons Act of 1948, as amended
(II) or (III) of section 101(a)(27)(C)(ii) of the Immigra- [former section 1953 of the former Appendix to Title 50],
tion and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)); which is pending on the date of enactment of this Act
and [June 27, 1952], shall be regarded as a proceeding within
‘‘(2) submit a certification to Congress and publish the meaning of this subsection.
notice in the Federal Register that such regulations ‘‘(b) Except as otherwise specifically provided in title
have been issued and are in effect.’’ III [subchapter III of this chapter], any petition for nat-
Pub. L. 109–162, title VIII, § 828, Jan. 5, 2006, 119 Stat. uralization heretofore filed which may be pending at
3066, provided that: ‘‘Not later than 180 days after the the time this Act [this chapter] shall take effect shall
date of enactment of this Act [Jan. 5, 2006], the Attor- be heard and determined in accordance with the re-
ney General, the Secretary of Homeland Security, and quirements of law in effect when such petition was
the Secretary of State shall promulgate regulations to filed.
implement the provisions contained in the Battered ‘‘(c) Except as otherwise specifically provided in this
Immigrant Women Protection Act of 2000 (title V of Act [this chapter], the repeal of any statute by this Act
Public Law 106–386) [see section 1501 of Pub. L. 106–386, [this chapter] shall not terminate nationality here-
set out as a Short Title of 2000 Amendments note under tofore lawfully acquired nor restore nationality here-
this section], this Act [see Tables for classification], tofore lost under any law of the United States or any
and the amendments made by this Act.’’ treaty to which the United States may have been a
Pub. L. 102–232, title III, § 303(a)(8), Dec. 12, 1991, 105 party.
Stat. 1748, provided that: ‘‘The Secretary of Labor shall ‘‘(d) Except as otherwise specifically provided in this
issue final or interim final regulations to implement Act [this chapter], or any amendment thereto, fees,
charges and prices for purposes specified in title V of Stat. 3383; Pub. L. 101–649, title VII, § 705(a), Nov. 29,
the Independent Offices Appropriation Act, 1952 (Public 1990, 104 Stat. 5087; Pub. L. 102–232, title III, § 308(d),
Law 137, Eighty-second Congress, approved August 31, Dec. 12, 1991, 105 Stat. 1757, provided that:
1951), may be fixed and established in the manner and ‘‘(a) There are authorized to be appropriated such
by the head of any Federal Agency as specified in that sums as may be necessary to carry out the provisions
Act. of this Act [this chapter] (other than chapter 2 of title
‘‘(e) This Act [this chapter] shall not be construed to IV) [subchapter IV of this chapter].
repeal, alter, or amend section 231(a) of the Act of April ‘‘(b)(1) There are authorized to be appropriated (for
30, 1946 (60 Stat. 148; [section 1281(a) of title 22]), the Act fiscal year 1991 and any subsequent fiscal year) to an
of June 20, 1949 (Public Law 110, section 8, Eighty-first immigration emergency fund, to be established in the
Congress, first session; 63 Stat. 208 [section 3508 of title Treasury, an amount sufficient to provide for a balance
50]), the Act of June 5, 1950 (Public Law 535, Eighty- of $35,000,000 in such fund, to be used to carry out para-
first Congress, second session [former section 1501 et graph (2) and to provide for an increase in border patrol
seq. of title 22]), nor title V of the Agricultural Act of or other enforcement activities of the Service and for
1949, as amended (Public Law 78, Eighty-second Con- reimbursement of State and localities in providing as-
gress, first session [former sections 1461 to 1468 of title sistance as requested by the Attorney General in meet-
7]).’’ ing an immigration emergency, except that no amounts
may be withdrawn from such fund with respect to an
SEPARABILITY emergency unless the President has determined that
Pub. L. 106–313, title I, § 116, Oct. 17, 2000, 114 Stat. the immigration emergency exists and has certified
1262, provided that: ‘‘If any provision of this title [see such fact to the Judiciary Committees of the House of
Short Title of 2000 Amendments note above] (or any Representatives and of the Senate.
amendment made by this title) or the application ‘‘(2)(A) Funds which are authorized to be appro-
thereof to any person or circumstance is held invalid, priated by paragraph (1), subject to the dollar limita-
the remainder of the title (and the amendments made tion contained in subparagraph (B), shall be available,
by this title) and the application of such provision to by application for the reimbursement of States and lo-
any other person or circumstance shall not be affected calities providing assistance as required by the Attor-
thereby. This section be enacted [sic] 2 days after effec- ney General, to States and localities whenever—
tive date.’’ ‘‘(i) a district director of the Service certifies to the
Pub. L. 104–208, div. C, § 1(e), Sept. 30, 1996, 110 Stat. Commissioner that the number of asylum applica-
3009–553, provided that: ‘‘If any provision of this divi- tions filed in the respective district during a calendar
sion [see Tables for classification] or the application of quarter exceeds by at least 1,000 the number of such
such provision to any person or circumstances is held applications filed in that district during the preced-
to be unconstitutional, the remainder of this division ing calendar quarter,
‘‘(ii) the lives, property, safety, or welfare of the
and the application of the provisions of this division to
residents of a State or locality are endangered, or
any person or circumstance shall not be affected there-
‘‘(iii) in any other circumstances as determined by
by.’’
the Attorney General.
Act June 27, 1952, ch. 477, title IV, § 406, 66 Stat. 281, In applying clause (i), the providing of parole at a point
provided that: ‘‘If any particular provision of this Act of entry in a district shall be deemed to constitute an
[this chapter], or the application thereof to any person application for asylum in the district.
or circumstance, is held invalid, the remainder of the ‘‘(B) Not more than $20,000,000 shall be made available
Act [this chapter] and the application of such provision for all localities under this paragraph.
to other persons or circumstances shall not be affected ‘‘(C) For purposes of subparagraph (A), the require-
thereby.’’ ment of paragraph (1) that an immigration emergency
TRANSFER OF FUNCTIONS be determined shall not apply.
‘‘(D) A decision with respect to an application for re-
United States Information Agency (other than Broad- imbursement under subparagraph (A) shall be made by
casting Board of Governors and International Broad- the Attorney General within 15 days after the date of
casting Bureau) abolished and functions transferred to receipt of the application.’’
Secretary of State, see sections 6531 and 6532 of Title 22, [Pub. L. 101–649, title VII, § 705(b), Nov. 29, 1990, 104
Foreign Relations and Intercourse. Stat. 5087, provided that: ‘‘Section 404(b)(2)(A)(i) of the
Immigration and Nationality Act [act June 27, 1952, set
ABOLITION OF IMMIGRATION AND NATURALIZATION out above], as added by the amendment made by sub-
SERVICE AND TRANSFER OF FUNCTIONS section (a)(5), shall apply with respect to increases in
For abolition of Immigration and Naturalization the number of asylum applications filed in a calendar
Service, transfer of functions, and treatment of related quarter beginning on or after January 1, 1989. The At-
references, see note set out under section 1551 of this torney General may not spend any amounts from the
title. immigration emergency fund pursuant to the amend-
ments made by subsection (a) [amending section 404 of
ADMISSION OF ALASKA AS STATE act June 27, 1952, set out above] before October 1, 1991.’’]
[Determination of President of the United States, No.
Effectiveness of amendment of this section by Pub. L.
97–16, Feb. 12, 1997, 62 F.R. 13981, provided that immi-
85–508 as dependent on admission of State of Alaska
gration emergency determined by President in 1995 to
into the Union, see section 8(b) of Pub. L. 85–508, set out
exist with respect to smuggling into United States of
as a note preceding section 21 of Title 48, Territories
illegal aliens persisted and directed use of Immigration
and Insular Possessions.
Emergency Fund established by section 404(b)(1) of act
ADMISSION OF HAWAII AS STATE June 27, 1952, set out above.
[Prior determination was contained in the following:
Admission of Hawaii into the Union was accom- [Determination of President of the United States, No.
plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 95–49, Sept. 28, 1995, 60 F.R. 53677.]
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 AVAILABILITY OF FUNDS
out as notes preceding former section 491 of Title 48, Pub. L. 114–113, div. F, title V, § 573, Dec. 18, 2015, 129
Territories and Insular Possessions. Stat. 2526, provided that: ‘‘Subclauses
101(a)(27)(C)(ii)(II) and (III) of the Immigration and Na-
APPROPRIATIONS
tionality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III))
Act June 27, 1952, ch. 477, title IV, § 404, 66 Stat. 280, shall be applied by substituting ‘September 30, 2016’ for
as amended by Pub. L. 97–116, § 18(s), Dec. 29, 1981, 95 the date specified in section 106(3) of the Continuing
Stat. 1621; Pub. L. 99–603, title I, § 113, Nov. 6, 1986, 100 Appropriations Act, 2016 (Public Law 114–53) [Dec. 11,
2015, which had been substituted as applied by Pub. L. vention and detection fee required to be submitted with
114–53, div. B, § 132, Sept. 30, 2015, 129 Stat. 509].’’ an application for admission as a nonimmigrant under
section 101(a)(15)(H)(i)(b) of the Immigration and Na-
ANNUAL REPORT ON IMMIGRATION APPLICATIONS MADE tionality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) shall be in-
BY VICTIMS OF ABUSE
creased by $2,000 for applicants that employ 50 or more
Pub. L. 113–4, title VIII, § 802, Mar. 7, 2013, 127 Stat. employees in the United States if more than 50 percent
110, provided that: ‘‘Not later than December 1, 2014, of the applicant’s employees are such nonimmigrants
and annually thereafter, the Secretary of Homeland Se- or nonimmigrants described in section 101(a)(15)(L) of
curity shall submit to the Committee on the Judiciary such Act.
of the Senate and the Committee on the Judiciary of ‘‘(c) During the period beginning on the date of the
the House of Representatives a report that includes the enactment of this Act and ending on September 30,
following: 2015, all amounts collected pursuant to the fee in-
‘‘(1) The number of aliens who— creases authorized under this section shall be deposited
‘‘(A) submitted an application for nonimmigrant in the General Fund of the Treasury.’’
status under paragraph (15)(T)(i), (15)(U)(i), or (51) AFGHAN ALLIES PROTECTION
of section 101(a) of the Immigration and National-
ity Act (8 U.S.C. 1101(a)) during the preceding fiscal Pub. L. 111–8, div. F, title VI, Mar. 11, 2009, 123 Stat.
year; 807, as amended by Pub. L. 111–118, div. A, title VIII,
‘‘(B) were granted such nonimmigrant status dur- § 8120(b), Dec. 19, 2009, 123 Stat. 3457; Pub. L. 113–66, div.
ing such fiscal year; or A, title XII, § 1219, Dec. 26, 2013, 127 Stat. 913; Pub. L.
‘‘(C) were denied such nonimmigrant status dur- 113–76, div. K, title VII, § 7034(o), Jan. 17, 2014, 128 Stat.
ing such fiscal year. 516; Pub. L. 113–160, § 1, Aug. 8, 2014, 128 Stat. 1853; Pub.
‘‘(2) The mean amount of time and median amount L. 113–291, div. A, title XII, § 1227, Dec. 19, 2014, 128 Stat.
of time to adjudicate an application for such non- 3552; Pub. L. 114–92, div. A, title XII, § 1216, Nov. 25, 2015,
immigrant status during such fiscal year. 129 Stat. 1045; Pub. L. 114–328, div. A, title XII, § 1214,
‘‘(3) The mean amount of time and median amount Dec. 23, 2016, 130 Stat. 2479, provided that:
of time between the receipt of an application for such ‘‘SEC. 601. SHORT TITLE.
nonimmigrant status and the issuance of work au- ‘‘This title may be cited as the ‘Afghan Allies Protec-
thorization to an eligible applicant during the pre- tion Act of 2009’.
ceding fiscal year.
‘‘(4) The number of aliens granted continued pres- ‘‘SEC. 602. PROTECTION FOR AFGHAN ALLIES.
ence in the United States under section 107(c)(3) of ‘‘(a) APPROPRIATE COMMITTEES OF CONGRESS DE-
the Trafficking Victims Protection Act of 2000 (22 FINED.—In this section, the term ‘appropriate commit-
U.S.C. 7105(c)(3)) during the preceding fiscal year. tees of Congress’ means—
‘‘(5) A description of any actions being taken to re- ‘‘(1) the Committee on Armed Services, the Com-
duce the adjudication and processing time, while en- mittee on Foreign Relations, and the Committee on
suring the safe and competent processing, of an appli- the Judiciary of the Senate; and
cation described in paragraph (1) or a request for con- ‘‘(2) the Committee on Armed Services, the Com-
tinued presence referred to in paragraph (4).’’ mittee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives.
SPECIAL RULE FOR ALIEN VICTIMS ‘‘(b) SPECIAL IMMIGRANT STATUS FOR CERTAIN AF-
GHANS.—
Pub. L. 112–239, div. A, title XVII, § 1706(b), Jan. 2,
‘‘(1) IN GENERAL.—Subject to paragraph (3), the Sec-
2013, 126 Stat. 2097, provided that: ‘‘No alien may be ad-
retary of Homeland Security, or, notwithstanding
mitted to the United States pursuant to subparagraph
any other provision of law, the Secretary of State in
(U) of section 101(a)(15) of the Immigration and Nation-
consultation with the Secretary of Homeland Secu-
ality Act (8 U.S.C. 1101(a)(15)) as a result of the alien
rity, may provide an alien described in subparagraph
being a victim of a crime described in subsection (b) of
(A), (B), or (C) of paragraph (2) with the status of a
section 1351 of title 18, United States Code, as added by
special immigrant under section 101(a)(27) of the Im-
subsection (a).’’
migration and Nationality Act (8 U.S.C. 1101(a)(27)), if
NO AUTHORITY FOR NATIONAL IDENTIFICATION CARD the alien—
‘‘(A) or an agent acting on behalf of the alien,
Pub. L. 112–176, § 5, Sept. 28, 2012, 126 Stat. 1326, pro- submits a petition for classification under section
vided that: ‘‘Nothing in this Act [amending this section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
and provisions set out as notes under sections 1153, 1182, ‘‘(B) is otherwise eligible to receive an immigrant
and 1324a of this title] may be construed to authorize visa;
the planning, testing, piloting, or development of a na- ‘‘(C) is otherwise admissible to the United States
tional identification card.’’ for permanent residence (excluding the grounds for
FEE INCREASES inadmissibility specified in section 212(a)(4) of such
Act (8 U.S.C. 1182(a)(4))[)]; and
Pub. L. 111–230, title IV, § 402, Aug. 13, 2010, 124 Stat. ‘‘(D) clears a background check and appropriate
2487, as amended by Pub. L. 111–347, title III, § 302, Jan. screening, as determined by the Secretary of Home-
2, 2011, 124 Stat. 3667, provided that: land Security.
‘‘(a) Notwithstanding any other provision of this Act ‘‘(2) ALIENS DESCRIBED.—
or any other provision of law, during the period begin- ‘‘(A) PRINCIPAL ALIENS.—An alien is described in
ning on the date of the enactment of this Act [Aug. 13, this subparagraph if the alien—
2010] and ending on September 30, 2015, the filing fee ‘‘(i) is a citizen or national of Afghanistan;
and fraud prevention and detection fee required to be ‘‘(ii) was or is employed in Afghanistan on or
submitted with an application for admission as a non- after October 7, 2001, for not less than 1 year, or,
immigrant under section 101(a)(15)(L) of the Immigra- if submitting a petition after September 30, 2015,
tion and Nationality Act (8 U.S.C. 1101(a)(15)(L)) shall for a period of not less than 2 years—
be increased by $2,250 for applicants that employ 50 or ‘‘(I)(aa) by, or on behalf of, the United States
more employees in the United States if more than 50 Government, in the case of an alien submitting
percent of the applicant’s employees are nonimmi- an application for Chief of Mission approval
grants admitted pursuant to section 101(a)(15)(H)(i)(b) pursuant to subparagraph (D) before the date of
of such Act or section 101(a)(15)(L) of such Act. the enactment of the National Defense Author-
‘‘(b) Notwithstanding any other provision of this Act ization Act for Fiscal Year 2017 [Dec. 23, 2016];
or any other provision of law, during the period begin- or
ning on the date of the enactment of this Act and end- ‘‘(bb) by, or on behalf of, the United States
ing on September 30, 2015, the filing fee and fraud pre- Government, in the case of an alien submitting
an application for Chief of Mission approval ‘‘(aa) receive a written decision that pro-
pursuant to subparagraph (D) on or after the vides, to the maximum extent feasible, infor-
date of the enactment of the National Defense mation describing the basis for the denial, in-
Authorization Act for Fiscal Year 2017, which cluding the facts and inferences underlying
employment required the alien— the individual determination; and
‘‘(AA) to serve as an interpreter or trans- ‘‘(bb) be provided not more than one written
lator for personnel of the Department of State appeal—
or the United States Agency for International
Development in Afghanistan, particularly ‘‘(AA) that shall be submitted not more
while traveling away from United States em- than 120 days after the date that the applicant
bassies or consulates with such personnel; receives such decision in writing; and
‘‘(BB) that may request reopening of such
‘‘(BB) to serve as an interpreter or trans-
decision and provide additional information,
lator for United States military personnel in
clarify existing information, or explain any
Afghanistan, particularly while traveling off-
unfavorable information.
base with such personnel; or
‘‘(CC) to perform sensitive and trusted ac- ‘‘(II) AFGHAN SPECIAL IMMIGRANT VISA CO-
tivities for the United States Government in ORDINATOR.—The Secretary of State shall des-
Afghanistan; or ignate, in the Embassy of the United States in
‘‘(II) by the International Security Assistance Kabul, Afghanistan, an Afghan Special Immi-
Force (or any successor name for such Force) in grant Visa Coordinator responsible for over-
a capacity that required the alien— seeing the efficiency and integrity of the proc-
‘‘(aa) while traveling off-base with United essing of special immigrant visas under this
States military personnel stationed at Inter- section, who shall be given—
national Security Assistance Force (or any ‘‘(aa) sufficiently high security clearance to
successor name for such Force), to serve as an review information supporting Chief of Mis-
interpreter or translator for such United sion denials if an appeal of a denial is filed;
States military personnel; or ‘‘(bb) responsibility for ensuring that an ap-
‘‘(bb) to perform sensitive and trusted ac- plicant described in subclause (I) receives the
tivities for United States military personnel information described in subclause (I)(aa);
stationed at International Security Assist- and
ance Force (or any successor name for such ‘‘(cc) responsibility for ensuring that every
Force); applicant is provided a reasonable oppor-
‘‘(iii) provided faithful and valuable service to tunity to provide additional information,
an entity or organization described in clause (ii), clarify existing information, or explain any
which is documented in a positive recommenda- unfavorable information pursuant to
tion or evaluation, subject to subparagraph (D), [sub]clause (I)(bb).
from the employee’s senior supervisor or the per- ‘‘(E) EVIDENCE OF SERIOUS THREAT.—A credible
son currently occupying that position, or a more sworn statement depicting dangerous country con-
senior person, if the employee’s senior supervisor ditions, together with official evidence of such
has left the employer or has left Afghanistan; and country conditions from the United States Govern-
‘‘(iv) has experienced or is experiencing an on- ment, should be considered as a factor in deter-
going serious threat as a consequence of the mination of whether the alien has experienced or is
alien’s employment described in clause (ii). experiencing an ongoing serious threat as a con-
‘‘(B) SPOUSE OR CHILD.—An alien is described in sequence of the alien’s employment by the United
this subparagraph if the alien— States Government for purposes of subparagraph
‘‘(i) is the spouse or child of a principal alien de- (A)(iv).
scribed in subparagraph (A); and ‘‘(F) REPRESENTATION.—An alien applying for ad-
‘‘(ii) is accompanying or following to join the mission to the United States pursuant to this title
principal alien in the United States. may be represented during the application process,
‘‘(C) SURVIVING SPOUSE OR CHILD.—An alien is de- including at relevant interviews and examinations,
scribed in this subparagraph if the alien— by an attorney or other accredited representative.
‘‘(i) was the spouse or child of a principal alien Such representation shall not be at the expense of
described in subparagraph (A) who had a petition the United States Government.
for classification approved pursuant to this sec- ‘‘(3) NUMERICAL LIMITATIONS.—
tion or section 1059 of the National Defense Au- ‘‘(A) IN GENERAL.—Except as provided in subpara-
thorization Act for Fiscal Year 2006 (Public Law graph (C), the total number of principal aliens who
109–163; 8 U.S.C. 1101 note) which included the may be provided special immigrant status under
this section may not exceed 1,500 per year for each
alien as an accompanying spouse or child; and
‘‘(ii) due to the death of the principal alien— of the fiscal years 2009, 2010, 2011, 2012, and 2013.
‘‘(B) EXCLUSION FROM NUMERICAL LIMITATIONS.—
‘‘(I) such petition was revoked or terminated
Aliens provided special immigrant status under this
(or otherwise rendered null); and
subsection shall not be counted against any numer-
‘‘(II) such petition would have been approved
ical limitation under sections 201(d), 202(a), or
if the principal alien had survived.
203(b)(4) of the Immigration and Nationality Act (8
‘‘(D) APPROVAL BY CHIEF OF MISSION REQUIRED.—
‘‘(i) IN GENERAL.—Except as provided under U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
‘‘(C) CARRY FORWARD.—
clause (ii), a recommendation or evaluation re- ‘‘(i) FISCAL YEARS 2009 THROUGH 2013.—If the nu-
quired under subparagraph (A)(iii) shall be ac- merical limitation specified in subparagraph (A)
companied by approval from the appropriate is not reached during a given fiscal year, with re-
Chief of Mission, or the designee of the appro- spect to fiscal year 2009, 2010, 2011, 2012, or 2013,
priate Chief of Mission, who shall conduct a risk the numerical limitation specified in such sub-
assessment of the alien and an independent re- paragraph for the following fiscal year shall be in-
view of records maintained by the United States creased by a number equal to the difference be-
Government or hiring organization or entity to tween—
confirm employment and faithful and valuable ‘‘(I) the numerical limitation specified in sub-
service to the United States Government prior to paragraph (A) for the given fiscal year; and
approval of a petition under this section. ‘‘(II) the number of principal aliens provided
‘‘(ii) REVIEW PROCESS FOR DENIAL BY CHIEF OF special immigrant status under this section
MISSION.— during the given fiscal year.
‘‘(I) IN GENERAL.—An applicant who has been ‘‘(ii) FISCAL YEAR 2014.—If the numerical limita-
denied Chief of Mission approval shall— tion determined under clause (i) is not reached in
fiscal year 2013, the total number of principal retary of Defense, shall improve the efficiency by
aliens who may be provided special immigrant which applications for special immigrant visas
status under this subsection for fiscal year 2014 under paragraph (1), are processed so that all steps
shall be equal to the difference between— under the control of the respective departments in-
‘‘(I) the numerical limitation determined cidental to the issuance of such visas, including re-
under clause (i) for fiscal year 2013; and quired screenings and background checks, should be
‘‘(II) the number of principal aliens provided completed not later than 9 months after the date on
such status under this section during fiscal year which an eligible alien submits all required mate-
2013. rials to complete an application for such visa.
‘‘(D) ADDITIONAL FISCAL YEAR.—For fiscal year ‘‘(B) CONSTRUCTION.—Nothing in this section shall
2014, the total number of principal aliens who may be construed to limit the ability of a Secretary re-
be provided special immigrant status under this ferred to in subparagraph (A) to take longer than 9
section may not exceed 3,000, except that any un- months to complete those steps incidental to the is-
used balance of the total number of principal aliens suance of such visas in high-risk cases for which
who may be provided special immigrant status in satisfaction of national security concerns requires
fiscal year 2014 may be carried forward and provided additional time.
through the end of fiscal year 2015, notwithstanding ‘‘(C) PROHIBITION ON FEES.—The Secretary of
the provisions of paragraph (C), except that the one Homeland Security or the Secretary of State may
year period during which an alien must have been not charge an alien described in subparagraph (A),
employed in accordance with subsection (b)(2)(A)(ii) (B), or (C) of paragraph (2) any fee in connection
shall be the period from October 7, 2001 through De- with an application for, or issuance of, a special im-
cember 31, 2014, and except that the principal alien migrant visa under this section.
seeking special immigrant status under this sub- ‘‘(5) ASSISTANCE WITH PASSPORT ISSUANCE.—The Sec-
paragraph shall apply to the Chief of Mission in ac- retary of State shall make a reasonable effort to en-
cordance with subsection (b)(2)(D) no later than sure that an alien described in subparagraph (A), (B),
September 30, 2014. or (C) of paragraph (2) who is issued a special immi-
‘‘(E) SPECIAL RULE FOR END OF CALENDAR YEAR grant visa pursuant to this subsection is provided
2014.— with the appropriate series Afghan passport nec-
‘‘(i) IN GENERAL.—During the period beginning essary to enter the United States.
on the date of the enactment of this subparagraph ‘‘(6) PROTECTION OF ALIENS.—The Secretary of
[Aug. 8, 2014] and ending on December 31, 2014, an State, in consultation with the heads of other appro-
additional 1,000 principal aliens may be provided priate Federal agencies, shall make a reasonable ef-
special immigrant status under this section. For fort to provide an alien described in subparagraph
purposes of status provided under this subpara- (A), (B), or (C) of paragraph (2) who is seeking special
graph— immigrant status under this subsection protection or
‘‘(I) the period during which an alien must to immediately remove such alien from Afghanistan,
have been employed in accordance with para- if possible, if the Secretary determines, after con-
graph (2)(A)(ii) must terminate on or before De- sultation, that such alien is in imminent danger.
cember 31, 2014; ‘‘(7) OTHER ELIGIBILITY FOR IMMIGRANT STATUS.—No
‘‘(II) the principal alien seeking special immi- alien shall be denied the opportunity to apply for ad-
grant status under this subparagraph shall mission under this subsection solely because such
apply to the Chief of Mission in accordance with alien qualifies as an immediate relative or is eligible
paragraph (2)(D) not later than December 31, for any other immigrant classification.
2014; and ‘‘(8) RESETTLEMENT SUPPORT.—A citizen or national
‘‘(III) the authority to provide such status of Afghanistan who is granted special immigrant
shall terminate on December 31, 2014. status described in section 101(a)(27) of the Immigra-
‘‘(ii) CONSTRUCTION.—Clause (i) shall not be con- tion and Nationality Act (8 U.S.C. 1101(a)(27)) shall be
strued to affect the authority, numerical limita- eligible for resettlement assistance, entitlement pro-
tions, or terms for provision of status, under sub- grams, and other benefits available to refugees ad-
paragraph (D). mitted under section 207 of such Act (8 U.S.C. 1157) to
‘‘(F) FISCAL YEARS 2015, 2016, AND 2017.—In addition the same extent, and for the same periods of time, as
to any unused balance under subparagraph (D), for such refugees.
the period beginning on the date of the enactment ‘‘(9) ADJUSTMENT OF STATUS.—Notwithstanding
of this subparagraph [Dec. 19, 2014] until such time paragraph (2), (7), or (8) of subsection (c) of section 245
that available special immigrant visas under sub- of the Immigration and Nationality Act (8 U.S.C.
paragraphs (D) and (E) and this subparagraph are 1255), the Secretary of Homeland Security may adjust
exhausted,, [sic] the total number of principal the status of an alien described in subparagraph (A),
aliens who may be provided special immigrant (B), or (C) of paragraph (2) of this subsection or in
status under this section shall not exceed 8,500. For section 1244(b) of the Refugee Crisis in Iraq Act of
purposes of status provided under this subpara- 2007 (Public Law 110–181; 122 Stat. 397) [8 U.S.C. 1157
graph— note] to that of an alien lawfully admitted for perma-
‘‘(i) the period during which an alien must have nent residence under subsection (a) of such section
been employed in accordance with paragraph 245 if the alien—
(2)(A)(ii) must terminate on or before December ‘‘(A) was paroled or admitted as a nonimmigrant
31, 2020[;] into the United States; and
‘‘(ii) the principal alien seeking special immi- ‘‘(B) is otherwise eligible for special immigrant
grant status under this subparagraph shall apply status under—
to the Chief of Mission in accordance with para- ‘‘(i)(I) this subsection; or
graph (2)(D) not later than December 31, 2020[;] ‘‘(II) such section 1244(b); and
and ‘‘(ii) the Immigration and Nationality Act (8
‘‘(iii) the authority to issue visas shall com- U.S.C. 1101 et seq.).
mence on the date of the enactment of this sub- ‘‘(10) REPORT ON IMPLEMENTATION AND AUTHORITY TO
paragraph [Dec. 19, 2014] and shall terminate on CARRY OUT ADMINISTRATIVE MEASURES.—
the date such visas are exhausted. ‘‘(A) REQUIREMENT FOR REPORT.—Not later than
‘‘(4) APPLICATION PROCESS.— one year after the date of the enactment of this Act
‘‘(A) IN GENERAL.—Not later than 120 days after [Mar. 11, 2009], the Secretary of Homeland Security
the date of the enactment of the National Defense and the Secretary of State, in consultation with
Authorization Act for Fiscal Year 2014 [Dec. 26, the Secretary of Defense, shall submit to the appro-
2013], the Secretary of State and the Secretary of priate committees of Congress a report on the im-
Homeland Security, in consultation with the Sec- plementation of this subsection.
‘‘(B) CONTENT OF REPORT.—The report required by ‘‘(II) of U.S. Citizenship and Immigration
subparagraph (A) shall describe actions taken, and Services to complete the adjudication of the
additional administrative measures that may be Form I–360;
needed, to ensure the integrity of the program es- ‘‘(III) to conduct a visa interview; or
tablished under this subsection and the national se- ‘‘(IV) to issue the visa to an eligible alien;
curity interests of the United States related to ‘‘(vi) the average wait times for an applicant at
such program. each of the stages described in clause (v);
‘‘(C) AUTHORITY TO CARRY OUT ADMINISTRATIVE ‘‘(vii) the number of denials or rejections at
MEASURES.—The Secretary of Homeland Security each of the stages described in clause (v); and
and the Secretary of State shall implement any ad- ‘‘(viii) the reasons for denials by the Chief of
ditional administrative measures described in sub- Mission based on the categories already made
paragraph (B) as they may deem necessary and ap- available to denied special immigrant visa appli-
propriate to ensure the integrity of the program es- cants in the denial letter sent to them by the
tablished under this subsection and the national se- Chief of Mission.
curity interests of the United States related to ‘‘(13) PUBLIC QUARTERLY REPORTS.—Not later than
such program. 120 days after the date of the enactment of the Na-
‘‘(11) ANNUAL REPORT ON USE OF SPECIAL IMMIGRANT tional Defense Authorization Act for Fiscal Year 2014
STATUS.— [Dec. 26, 2013], and every 3 months thereafter, the
‘‘(A) REQUIREMENT.—Not later than 120 days after Secretary of State and the Secretary of Homeland
the date of the enactment of this Act, and annually Security, in consultation with the Secretary of De-
thereafter, the Secretary of Homeland Security fense, shall publish a report on the website of the De-
shall submit to the appropriate committees of Con- partment of State that describes the efficiency im-
gress a report on the number of citizens or nation- provements made in the process by which applica-
als of Afghanistan or Iraq who have applied for tions for special immigrant visas under this sub-
status as special immigrants under this subsection section are processed, including information de-
or section 1244 of the Refugee Crisis in Iraq Act of scribed in clauses (iii) through (viii) of paragraph
2007 (Public Law 110–181; 122 Stat. 396) [8 U.S.C. 1157 (12)(B).
note]. ‘‘(14) REPORT.—Not later than December 31, 2016,
‘‘(B) CONTENT.—Each report required by subpara- and annually thereafter through January 31, 2021, the
graph (A) submitted in a fiscal year shall include Secretary of State and the Secretary of Homeland
the following information for the previous fiscal Security, in consultation with the Secretary of De-
year: fense, shall submit a report to the Committee on the
‘‘(i) The number of citizens or nationals of Af- Judiciary of the Senate and the Committee on the
ghanistan or Iraq who submitted an application Judiciary of the House of Representatives containing
for status as a special immigrant pursuant to this the following information:
section or section 1244 of the Refugee Crisis in ‘‘(A) The occupations of aliens who—
Iraq Act of 2007 (Public Law 110–181; 122 Stat. 396), ‘‘(i) were provided special immigrant status
disaggregated— under subclause (I) or (II)(bb) of paragraph
‘‘(I) by the number of principal aliens apply- (2)(A)(ii); and
ing for such status; and ‘‘(ii) were considered principal aliens for such
‘‘(II) by the number of spouses and children of purpose.
principal aliens applying for such status. ‘‘(B) The number of appeals submitted under
‘‘(ii) The number of applications referred to in paragraph (2)(D)(ii)(I)(bb) from application denials
clause (i) that— by the Chief of Mission and the number of those ap-
‘‘(I) were approved; or plications that were approved pursuant to the ap-
‘‘(II) were denied, including a description of peal.
the basis for each denial. ‘‘(C) The number of applications denied by the
‘‘(12) REPORT ON IMPROVEMENTS.— Chief of Mission on the basis of derogatory informa-
‘‘(A) REQUIREMENT FOR REPORT.—Not later than tion that were appealed and the number of those
120 days after the date of the enactment of the Na- applications that were approved pursuant to the ap-
tional Defense Authorization Act for Fiscal Year peal.
2014 [Dec. 26, 2013], the Secretary of State and the ‘‘(D) The number of applications denied by the
Secretary of Homeland Security, in consultation Chief of Mission on the basis that the applicant did
with the Secretary of Defense, shall submit to the not establish faithful and valuable service to the
appropriate committees of Congress a report, with United States Government that were appealed and
a classified annex, if necessary. the number of those applications that were ap-
‘‘(B) CONTENTS.—The report required by subpara- proved pursuant to the appeal.
graph (A) shall describe the implementation of im- ‘‘(E) The number of applications denied by the
provements to the processing of applications for Chief of Mission for failure to establish the one-
special immigrant visas under this subsection, in- year period of employment required that were ap-
cluding information relating to— pealed and the number of those applications that
‘‘(i) enhancing existing systems for conducting were approved pursuant to the appeal.
background and security checks of persons apply- ‘‘(F) The number of applications denied by the
ing for special immigrant status, which shall— Chief of Mission for failure to establish employ-
‘‘(I) support immigration security; and ment by or on behalf of the United States Govern-
‘‘(II) provide for the orderly processing of ment that were appealed and the number of those
such applications without significant delay; applications that were approved pursuant to the ap-
‘‘(ii) the financial, security, and personnel con- peal.
siderations and resources necessary to carry out ‘‘(G) The number of special immigrant status ap-
this section; provals revoked by the Chief of Mission and the rea-
‘‘(iii) the number of aliens who have applied for son for each revocation.
special immigrant visas under this subsection ‘‘(H) The number of special immigrant status ap-
during each month of the preceding fiscal year; provals revoked by the Chief of Mission that were
‘‘(iv) the reasons for the failure to process any appealed and the number of those revocations that
applications that have been pending for longer were overturned pursuant to the appeal.
than 9 months; ‘‘(15) REPORTS INFORMING THE CONCLUSION OF THE AF-
‘‘(v) the total number of applications that are GHAN SPECIAL IMMIGRANT VISA PROGRAM.—Not later
pending due to the failure— than June 1, 2016, and every six months thereafter,
‘‘(I) to receive approval from the Chief of Mis- the Secretary of Defense, in conjunction with the
sion; Secretary of State, shall submit to the Committee on
Armed Services and the Committee on the Judiciary ‘‘(A) the inability or unwillingness of any con-
of the Senate and the Committee on Armed Services tractor or grantee to provide the information re-
and the Committee on the Judiciary of the House of quested under paragraph (1)(A)(ii); and
Representatives a report that contains— ‘‘(B) the reasons that such contractor or grantee
‘‘(A) a description of the United States force pres- provided for failing to provide such information.
ence in Afghanistan during the previous 6 months; ‘‘(4) EXECUTIVE AGENCY DEFINED.—In this sub-
‘‘(B) a description of the projected United States section, the term ‘executive agency’ has the meaning
force presence in Afghanistan; given that term in section 133 of title 41, United
‘‘(C) the number of citizens or nationals of Af- States Code.
ghanistan who were employed by or on behalf of the ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section
entities described in paragraph (2)(A)(ii) during the may be construed to affect the authority of the Sec-
previous 6 months; and retary of Homeland Security under section 1059 of the
‘‘(D) the projected number of such citizens or na- National Defense Authorization Act for Fiscal Year
tionals who will be employed by or on behalf of 2006 (Public Law 109–163; 8 U.S.C. 1101 note).’’
such entities.
‘‘(16) SENSE OF CONGRESS.—It is the sense of Con- SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS
gress that the necessity of providing special immi- TRANSLATORS WITH UNITED STATES ARMED FORCES
grant status under this subsection should be assessed
Pub. L. 110–242, § 2, June 3, 2008, 122 Stat. 1567, pro-
at regular intervals by the Committee on Armed
vided that:
Services of the Senate and the Committee on Armed
‘‘(a) IN GENERAL.—The Secretary of Homeland Secu-
Services of the House of Representatives, taking into
rity or the Secretary of State may convert an approved
account the scope of the current and planned pres-
petition for special immigrant status under section 1059
ence of United States troops in Afghanistan, the cur-
of the National Defense Authorization Act for Fiscal
rent and prospective numbers of citizens and nation-
als of Afghanistan employed by or on behalf of the Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101 note) with re-
entities described in paragraph (2)(A)(ii), and the se- spect to which a visa under such section 1059 is not im-
curity climate in Afghanistan. mediately available to an approved petition for special
‘‘(c) INFORMATION REGARDING CITIZENS OR NATIONALS immigrant status under section 1244 of the National
OF AFGHANISTAN EMPLOYED BY THE UNITED STATES OR Defense Authorization Act for Fiscal Year 2008 (Public
FEDERAL CONTRACTORS IN AFGHANISTAN.— Law 110–181) [8 U.S.C. 1157 note] notwithstanding any
‘‘(1) REQUIREMENT TO COMPILE INFORMATION.— requirement of subsection (a) or (b) of such section 1244
‘‘(A) IN GENERAL.—Not later than 120 days after but subject to the numerical limitations applicable
the date of the enactment of this Act [Mar. 11, 2009], under subsection (c) of such section 1244, as amended by
the Administrator of the United States Agency for this Act.
International Development, the Secretary of De- ‘‘(b) DURATION.—The authority under subsection (a)
fense, the Secretary of Homeland Security, the Sec- shall be available only with respect to petitions filed
retary of State, and the Secretary of the Treasury before October 1, 2008.’’
shall— Pub. L. 109–163, div. A, title X, § 1059, Jan. 6, 2006, 119
‘‘(i) review internal records and databases of Stat. 3443, as amended by Pub. L. 110–28, title III, § 3812,
their respective agencies for information that can May 25, 2007, 121 Stat. 151; Pub. L. 110–36, § 1, June 15,
be used to verify employment of citizens or na- 2007, 121 Stat. 227; Pub. L. 110–161, div. J, title VI, § 699J,
tionals of Afghanistan by the United States Gov- Dec. 26, 2007, 121 Stat. 2373; Pub. L. 112–227, § 1(a), Dec.
ernment; and 28, 2012, 126 Stat. 1608, provided that:
‘‘(ii) request from each prime contractor or ‘‘(a) IN GENERAL.—For purposes of the Immigration
grantee that has performed work in Afghanistan and Nationality Act (8 U.S.C. 1101 et seq.), subject to
since October 7, 2001, under a contract, grant, or subsection (c)(1), the Secretary of Homeland Security
cooperative agreement with their respective may provide an alien described in subsection (b) with
agencies that is valued in excess of $25,000, infor- the status of a special immigrant under section
mation that may be used to verify the employ- 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien—
ment of such citizens or nationals by such con- ‘‘(1) files with the Secretary of Homeland Security
tractor or grantee. a petition under section 204 of such Act (8 U.S.C. 1154)
‘‘(B) INFORMATION REQUIRED.—To the extent data for classification under section 203(b)(4) of such Act (8
is available, the information referred to in subpara- U.S.C. 1153(b)(4)); and
graph (A) shall include the name and dates of em- ‘‘(2) is otherwise eligible to receive an immigrant
ployment of, biometric data for, and other data visa and is otherwise admissible to the United States
that can be used to verify the employment of each for permanent residence, except in determining such
citizen or national of Afghanistan who has per- admissibility, the grounds for inadmissibility speci-
formed work in Afghanistan since October 7, 2001, fied in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4))
under a contract, grant, or cooperative agreement shall not apply.
with an executive agency. ‘‘(b) ALIENS DESCRIBED.—
‘‘(2) REPORT ON ESTABLISHMENT OF DATABASE.—Not ‘‘(1) PRINCIPAL ALIENS.—An alien is described in this
later than 120 days after the date of the enactment of subsection if the alien—
this Act, the Secretary of Defense, in consultation ‘‘(A) is a national of Iraq or Afghanistan;
with the Administrator of the United States Agency ‘‘(B) worked directly with United States Armed
for International Development, the Secretary of Forces, or under Chief of Mission authority, as a
Homeland Security, the Secretary of State, and the translator or interpreter for a period of at least 12
Secretary of the Treasury, shall submit to the appro- months;
priate committees of Congress a report examining ‘‘(C) obtained a favorable written recommenda-
the options for establishing a unified and classified tion from the Chief of Mission or a general or flag
database of information related to contracts, grants, officer in the chain of command of the United
or cooperative agreements entered into by executive States Armed Forces unit that was supported by
agencies for the performance of work in Afghanistan the alien; and
since October 7, 2001, including the information de- ‘‘(D) before filing the petition described in sub-
scribed and collected under paragraph (1), to be used section (a)(1), cleared a background check and
by relevant Federal departments and agencies to ad- screening, as determined by the Chief of Mission or
judicate refugee, asylum, special immigrant visa, and a general or flag officer in the chain of command of
other immigration claims and applications. the United States Armed Forces unit that was sup-
‘‘(3) REPORT ON NONCOMPLIANCE.—Not later than 180 ported by the alien.
days after the date of the enactment of this Act, the ‘‘(2) SPOUSES AND CHILDREN.—An alien is described
President shall submit to the appropriate committees in this subsection if the alien is the spouse or child
of Congress a report that describes— of a principal alien described in paragraph (1), and is
following or accompanying to join the principal above] shall take effect as if included in the enactment
alien. of section 1059(e) of the National Defense Authorization
‘‘(c) NUMERICAL LIMITATIONS.— Act for Fiscal Year 2006 [Pub. L. 109–163] (8 U.S.C. 1101
‘‘(1) IN GENERAL.—The total number of principal note).’’]
aliens who may be provided special immigrant status [Pub. L. 110–28 and Pub. L. 110–36 made identical
under this section— amendments to section 1059 of Pub. L. 109–163, set out
‘‘(A) during each of the fiscal years 2007 and 2008, above, except for the redesignation of subsec. (d) and
shall not exceed 500; and addition of subsec. (e). Amendments by Pub. L. 110–36
‘‘(B) during any other fiscal year shall not exceed were executed in lieu of the amendments by Pub. L.
50. 110–28, to reflect the probable intent of Congress.]
‘‘(2) ALIENS EXEMPT FROM EMPLOYMENT-BASED NU-
MERICAL LIMITATIONS.—For purposes of the applica- BATTERED IMMIGRANT WOMEN; FINDINGS AND PURPOSES
tion of sections 201 through 203 of the Immigration Pub. L. 106–386, div. B, title V, § 1502, Oct. 28, 2000, 114
and Nationality Act (8 U.S.C. 1151–1153) in any fiscal Stat. 1518, provided that:
year, aliens eligible to be provided status under this ‘‘(a) FINDINGS.—Congress finds that—
section shall be treated as special immigrants de- ‘‘(1) the goal of the immigration protections for
scribed in section 101(a)(27) of such Act (8 U.S.C. battered immigrants included in the Violence
1101(a)(27)) who are not described in subparagraph (A), Against Women Act of 1994 [Pub. L. 103–322, title IV,
(B), (C), or (K) of such section and shall not be count- see Tables for classification] was to remove immigra-
ed against the numerical limitations under sections tion laws as a barrier that kept battered immigrant
201(d), 202(a), and 203(b)(4) of the Immigration and Na- women and children locked in abusive relationships;
tionality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)). ‘‘(2) providing battered immigrant women and chil-
‘‘(3) CARRY FORWARD.—If the numerical limitation dren who were experiencing domestic violence at
described in paragraph (1) is not reached during a home with protection against deportation allows
given fiscal year, the numerical limitation for the them to obtain protection orders against their abus-
following fiscal year shall be increased by a number ers and frees them to cooperate with law enforcement
equal to the difference between the number of visas and prosecutors in criminal cases brought against
authorized for the given fiscal year and the number of their abusers and the abusers of their children with-
aliens provided special immigrant status during the out fearing that the abuser will retaliate by with-
given fiscal year. drawing or threatening withdrawal of access to an
‘‘(d) ADJUSTMENT OF STATUS.—Notwithstanding para-
immigration benefit under the abuser’s control; and
graphs (2), (7) and (8) of section 245(c) of the Immigra-
‘‘(3) there are several groups of battered immigrant
tion and Nationality Act (8 U.S.C. 1255(c)), the Sec-
women and children who do not have access to the
retary of Homeland Security may adjust the status of
immigration protections of the Violence Against
an alien to that of a lawful permanent resident under
Women Act of 1994 which means that their abusers
section 245(a) of such Act if the alien—
are virtually immune from prosecution because their
‘‘(1) was paroled or admitted as a nonimmigrant
victims can be deported as a result of action by their
into the United States; and
abusers and the Immigration and Naturalization
‘‘(2) is otherwise eligible for special immigrant
Service cannot offer them protection no matter how
status under this section and under the Immigration
compelling their case under existing law.
and Nationality Act [8 U.S.C. 1101 et seq.].
‘‘(e) NATURALIZATION.— ‘‘(b) PURPOSES.—The purposes of this title [see Short
‘‘(1) IN GENERAL.—A period of absence from the Title of 2000 Amendments note above] are—
United States described in paragraph (2)— ‘‘(1) to remove barriers to criminal prosecutions of
‘‘(A) shall not be considered to break any period persons who commit acts of battery or extreme cru-
for which continuous residence or physical presence elty against immigrant women and children; and
in the United States is required for naturalization ‘‘(2) to offer protection against domestic violence
under title III of the Immigration and Nationality occurring in family and intimate relationships that
Act (8 U.S.C. 1401 et seq.); and are covered in State and tribal protection orders, do-
‘‘(B) shall be treated as a period of residence and mestic violence, and family law statutes.’’
physical presence in the United States for purposes PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING
of satisfying the requirements for naturalization VICTIMS OF CRIMES AGAINST WOMEN
under such title.
‘‘(2) PERIOD OF ABSENCE DESCRIBED.—A period of ab- Pub. L. 106–386, div. B, title V, § 1513(a), Oct. 28, 2000,
sence described in this paragraph is a period of ab- 114 Stat. 1533, provided that:
sence from the United States due to a person’s em- ‘‘(a) FINDINGS AND PURPOSE.—
ployment by the Chief of Mission or United States ‘‘(1) FINDINGS.—Congress makes the following find-
Armed Forces, under contract with the Chief of Mis- ings:
sion or United States Armed Forces, or by a firm or ‘‘(A) Immigrant women and children are often
corporation under contract with the Chief of Mission targeted to be victims of crimes committed against
or United States Armed Forces, if— them in the United States, including rape, torture,
‘‘(A) such employment involved supporting the kidnaping, trafficking, incest, domestic violence,
Chief of Mission or United States Armed Forces as sexual assault, female genital mutilation, forced
a translator, interpreter, or in a security-related prostitution, involuntary servitude, being held hos-
position in an executive or managerial capacity; tage or being criminally restrained.
and ‘‘(B) All women and children who are victims of
‘‘(B) the person spent at least a portion of the these crimes committed against them in the United
time outside the United States working directly States must be able to report these crimes to law
with the Chief of Mission or United States Armed enforcement and fully participate in the investiga-
Forces as a translator, interpreter, or in a security- tion of the crimes committed against them and the
related position in an executive or managerial ca- prosecution of the perpetrators of such crimes.
pacity. ‘‘(2) PURPOSE.—
‘‘(f) APPLICATION OF IMMIGRATION AND NATIONALITY ‘‘(A) The purpose of this section [amending this
ACT PROVISIONS.—The definitions in subsections (a) and section and sections 1182, 1184, 1255, and 1367 of this
(b) of section 101 of the Immigration and Nationality title] is to create a new nonimmigrant visa classi-
Act (8 U.S.C. 1101) shall apply in the administration of fication that will strengthen the ability of law en-
this section.’’ forcement agencies to detect, investigate, and pros-
[Pub. L. 112–227, § 1(b), Dec. 28, 2012, 126 Stat. 1609, pro- ecute cases of domestic violence, sexual assault,
vided that: ‘‘The amendment made by subsection (a) trafficking of aliens, and other crimes described in
[amending section 1059(e) of Pub. L. 109–163, set out section 101(a)(15)(U)(iii) of the Immigration and Na-
tionality Act [8 U.S.C. 1101(a)(15)(U)(iii)] committed ation of eligibility if the notice under this section is
against aliens, while offering protection to victims not provided.’’
of such offenses in keeping with the humanitarian
REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASY-
interests of the United States. This visa will en-
LUM DUE TO PERSECUTION FOR RESISTANCE TO COER-
courage law enforcement officials to better serve
CIVE POPULATION CONTROL METHODS
immigrant crime victims and to prosecute crimes
committed against aliens. Pub. L. 104–208, div. C, title VI, § 601(a)(2), Sept. 30,
‘‘(B) Creating a new nonimmigrant visa classi- 1996, 110 Stat. 3009–689, provided that: ‘‘Not later than 90
fication will facilitate the reporting of crimes to days after the end of each fiscal year, the Attorney
law enforcement officials by trafficked, exploited, General shall submit a report to the Committee on the
victimized, and abused aliens who are not in lawful Judiciary of the House of Representatives and the Com-
immigration status. It also gives law enforcement mittee on the Judiciary of the Senate describing the
officials a means to regularize the status of cooper- number and countries of origin of aliens granted refu-
ating individuals during investigations or prosecu- gee status or asylum under determinations pursuant to
tions. Providing temporary legal status to aliens the amendment made by paragraph (1) [amending this
who have been severely victimized by criminal ac- section]. Each such report shall also contain projec-
tivity also comports with the humanitarian inter- tions regarding the number and countries of origin of
ests of the United States. aliens that are likely to be granted refugee status or
‘‘(C) Finally, this section gives the Attorney Gen- asylum for the subsequent 2 fiscal years.’’
eral discretion to convert the status of such non-
immigrants to that of permanent residents when SENSE OF CONGRESS REGARDING AMERICAN-MADE
doing so is justified on humanitarian grounds, for PRODUCTS; REQUIREMENTS FOR NOTICE
family unity, or is otherwise in the public inter- Pub. L. 104–208, div. C, title VI, § 648, Sept. 30, 1996, 110
est.’’ Stat. 3009–711, provided that:
‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PHILIPPINE TRADERS AS NONIMMIGRANTS
PRODUCTS.—It is the sense of the Congress that, to the
Philippine traders classifiable as nonimmigrants greatest extent practicable, all equipment and products
under subsec. (a)(15)(E) of this section, see section 1184a purchased with funds made available under this divi-
of this title. sion [see Tables for classification] should be American-
IRISH PEACE PROCESS CULTURAL AND TRAINING made.
‘‘(b) NOTICE TO RECIPIENTS OF GRANTS.—In providing
PROGRAM
grants under this division, the Attorney General, to the
Pub. L. 105–319, Oct. 30, 1998, 112 Stat. 3013, as amend- greatest extent practicable, shall provide to each recip-
ed by Pub. L. 107–234, § 1, Oct. 4, 2002, 116 Stat. 1481; Pub. ient of a grant a notice describing the statement made
L. 108–449, § 1(a), Dec. 10, 2004, 118 Stat. 3469, known as in subsection (a) by the Congress.’’
the Irish Peace Process Cultural and Training Program
Act of 1998, which related to the Irish Peace Process IMPROVING BORDER CONTROLS
Cultural and Training Program, was repealed by sec- Pub. L. 103–322, title XIII, § 130006, Sept. 13, 1994, 108
tion 2(c)(1) of Pub. L. 105–319, effective Oct. 1, 2008. Stat. 2028, provided that:
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are
COORDINATION OF AMENDMENTS BY PUB. L. 104–208
authorized to be appropriated for the Immigration and
Pub. L. 104–208, div. C, § 1(b), Sept. 30, 1996, 110 Stat. Naturalization Service to increase the resources for the
3009–546, provided that: ‘‘Except as otherwise specifi- Border Patrol, the Inspections Program, and the Depor-
cally provided— tation Branch to apprehend illegal aliens who attempt
‘‘(1) whenever in this division [see Tables for classi- clandestine entry into the United States or entry into
fication] an amendment or repeal is expressed as the the United States with fraudulent documents or who
amendment or repeal of a section or other provision, remain in the country after their nonimmigrant visas
the reference shall be considered to be made to that expire—
section or provision in the Immigration and Nation- ‘‘(1) $228,000,000 for fiscal year 1995;
ality Act [8 U.S.C. 1101 et seq.]; and ‘‘(2) $185,000,000 for fiscal year 1996;
‘‘(2) amendments to a section or other provision are ‘‘(3) $204,000,000 for fiscal year 1997; and
to such section or other provision before any amend- ‘‘(4) $58,000,000 for fiscal year 1998.
ment made to such section or other provision else- ‘‘Of the sums authorized in this section, all necessary
where in this division.’’ funds shall, subject to the availability of appropria-
tions, be allocated to increase the number of agent po-
APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L. sitions (and necessary support personnel positions) in
104–208 TO FOREIGN ASSISTANCE the Border Patrol by not less than 1,000 full-time equiv-
Pub. L. 104–208, div. C, title V, § 592, Sept. 30, 1996, 110 alent positions in each of fiscal years 1995, 1996, 1997,
Stat. 3009–688, provided that: ‘‘This title [see Effective and 1998 beyond the number funded as of October 1,
Date of 1996 Amendment note above] does not apply to 1994.
any Federal, State, or local governmental program, as- ‘‘(b) REPORT.—By September 30, 1996 and September
sistance, or benefits provided to an alien under any pro- 30, 1998, the Attorney General shall report to the Con-
gram of foreign assistance as determined by the Sec- gress on the programs described in this section. The re-
retary of State in consultation with the Attorney Gen- port shall include an evaluation of the programs, an
eral.’’ outcome-based measurement of performance, and an
analysis of the cost effectiveness of the additional re-
NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF sources provided under this Act [see Tables for classi-
CHANGES REGARDING ELIGIBILITY FOR PROGRAMS fication].’’
Pub. L. 104–208, div. C, title V, § 593, Sept. 30, 1996, 110
VISAS FOR OFFICIALS OF TAIWAN
Stat. 3009–688, provided that:
‘‘(a) IN GENERAL.—Each agency of the Federal Gov- Pub. L. 103–416, title II, § 221, Oct. 25, 1994, 108 Stat.
ernment or a State or political subdivision that admin- 4320, as amended by Pub. L. 104–208, div. C, title III,
isters a program affected by the provisions of this title § 308(d)(3)(E), title VI, § 671(b)(12), Sept. 30, 1996, 110 Stat.
[see Effective Date of 1996 Amendment note above], 3009–617, 3009–722, provided that: ‘‘Whenever the Presi-
shall, directly or through the States, provide general dent of Taiwan or any other high-level official of Tai-
notification to the public and to program recipients of wan shall apply to visit the United States for the pur-
the changes regarding eligibility for any such program poses of discussions with United States Federal or
pursuant to this title. State government officials concerning—
‘‘(b) FAILURE TO GIVE NOTICE.—Nothing in this sec- ‘‘(1) trade or business with Taiwan that will reduce
tion shall be construed to require or authorize continu- the United States-Taiwan trade deficit,
‘‘(2) prevention of nuclear proliferation, ‘‘(C) Two members to be appointed by the Minority
‘‘(3) threats to the national security of the United Leader of the House of Representatives who shall se-
States, lect such members from a list of nominees provided
‘‘(4) the protection of the global environment, by the ranking minority member of the Subcommit-
‘‘(5) the protection of endangered species, or tee on Immigration, Refugees, and International Law
‘‘(6) regional humanitarian disasters, of the Committee on the Judiciary of the House of
the official shall be admitted to the United States, un- Representatives.
less the official is otherwise inadmissible under the im- ‘‘(D) Two members to be appointed by the Majority
migration laws of the United States.’’ Leader of the Senate who shall select such members
CONSTRUCTION OF EXPEDITED DEPORTATION from a list of nominees provided by the Chairman of
REQUIREMENTS the Subcommittee on Immigration and Refugee Af-
fairs of the Committee on the Judiciary of the Sen-
Pub. L. 103–416, title II, § 225, Oct. 25, 1994, 108 Stat. ate.
4324, as amended by Pub. L. 104–132, title IV, § 436(b)(2), ‘‘(E) Two members to be appointed by the Minority
Apr. 24, 1996, 110 Stat. 1275; Pub. L. 104–208, div. C, title Leader of the Senate who shall select such members
III, § 308(c)(4)(B), Sept. 30, 1996, 110 Stat. 3009–616, pro- from a list of nominees provided by the ranking mi-
vided that: ‘‘No amendment made by this Act [see nority member of the Subcommittee on Immigration
Tables for classification] shall be construed to create and Refugee Affairs of the Committee on the Judici-
any substantive or procedural right or benefit that is ary of the Senate.
legally enforceable by any party against the United ‘‘(2) Initial appointments to the Commission shall be
States or its agencies or officers or any other person.’’ made during the 45-day period beginning on October 1,
[Amendment by Pub. L. 104–132 effective as if in- 1991. A vacancy in the Commission shall be filled in the
cluded in enactment of Pub. L. 103–416, see section same manner in which the original appointment was
436(b)(3) of Pub. L. 104–132 set out as an Effective Date made.
of 1996 Amendment note under section 1252 of this ‘‘(3) Members shall be appointed to serve for the life
title.] of the Commission, except that the term of the member
described in paragraph (1)(A) shall expire at noon on
REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS
January 20, 1993, and the President shall appoint an in-
Pub. L. 102–232, title II, § 202(b), Dec. 12, 1991, 105 Stat. dividual to serve for the remaining life of the Commis-
1737, directed Comptroller General, by not later than sion.
Oct. 1, 1994, to submit to Committees on the Judiciary ‘‘(b) FUNCTIONS OF COMMISSION.—The Commission
of Senate and of House of Representatives a report con- shall—
taining information relating to the admission of art- ‘‘(1) review and evaluate the impact of this Act and
ists, entertainers, athletes, and related support person- the amendments made by this Act [see Tables for
nel as nonimmigrants under 8 U.S.C. 1101(a)(15)(O), (P), classification], in accordance with subsection (c); and
and information on the laws, regulations, and practices ‘‘(2) transmit to the Congress—
in effect in other countries that affect United States ‘‘(A) not later than September 30, 1994, a first re-
citizens and permanent resident aliens in the arts, en- port describing the progress made in carrying out
tertainment, and athletics, in order to evaluate the im- paragraph (1), and
pact of such admissions, laws, regulations, and prac- ‘‘(B) not later than September 30, 1997, a final re-
tices on such citizens and aliens, directed Chairman of port setting forth the Commission’s findings and
the Committee on the Judiciary of Senate to make the recommendations, including such recommendations
report available to interested parties and to hold a for additional changes that should be made with re-
hearing respecting the report and directed such Com- spect to legal immigration into the United States
mittee to report to Senate its findings and any legisla- as the Commission deems appropriate.
‘‘(c) CONSIDERATIONS.—
tion it deems appropriate.
‘‘(1) PARTICULAR CONSIDERATIONS.—In particular,
DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF the Commission shall consider the following:
PROVISIONS RELATING TO NONIMMIGRANT ARTISTS, ‘‘(A) The requirements of citizens of the United
ATHLETES, ENTERTAINERS, AND FASHION MODELS States and of aliens lawfully admitted for perma-
nent residence to be joined in the United States by
Pub. L. 102–110, § 3, Oct. 1, 1991, 105 Stat. 557, provided immediate family members and the impact which
that: ‘‘Section 214(g)(1)(C) of the Immigration and Na- the establishment of a national level of immigra-
tionality Act [8 U.S.C. 1184(g)(1)(C)] shall not apply to tion has upon the availability and priority of fam-
the issuance of visas or provision of status before April ily preference visas.
1, 1992. Aliens seeking nonimmigrant admission as art- ‘‘(B) The impact of immigration and the imple-
ists, athletes, entertainers, or fashion models (or for mentation of the employment-based and diversity
the purpose of accompanying or assisting in an artistic programs on labor needs, employment, and other
or athletic performance) before April 1, 1992, shall not economic and domestic conditions in the United
be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or States.
(P)(iii) of section 101(a)(15) of such Act [8 U.S.C. ‘‘(C) The social, demographic, and natural re-
1101(a)(15)], but may be admitted under the terms of sources impact of immigration.
subparagraph (H)(i)(b) of such section (as in effect on ‘‘(D) The impact of immigration on the foreign
September 30, 1991).’’ policy and national security interests of the United
COMMISSION ON IMMIGRATION REFORM States.
‘‘(E) The impact of per country immigration lev-
Pub. L. 101–649, title I, § 141, Nov. 29, 1990, 104 Stat. els on family-sponsored immigration.
5001, as amended by Pub. L. 102–232, title III, § 302(c)(1), ‘‘(F) The impact of the numerical limitation on
Dec. 12, 1991, 105 Stat. 1744, provided that: the adjustment of status of aliens granted asylum.
‘‘(a) ESTABLISHMENT AND COMPOSITION OF COMMIS- ‘‘(G) The impact of the numerical limitations on
SION.—(1) Effective October 1, 1991, there is established the admission of nonimmigrants under section
a Commission on Immigration Reform (in this section 214(g) of the Immigration and Nationality Act [8
referred to as the ‘Commission’) which shall be com- U.S.C. 1184(g)].
posed of 9 members to be appointed as follows: ‘‘(2) DIVERSITY PROGRAM.—The Commission shall
‘‘(A) One member who shall serve as Chairman, to analyze the information maintained under section
be appointed by the President. 203(c)(3) of the Immigration and Nationality Act [8
‘‘(B) Two members to be appointed by the Speaker U.S.C. 1153(c)(3)] and shall report to Congress in its
of the House of Representatives who shall select such report under subsection (b)(2) on—
members from a list of nominees provided by the ‘‘(A) the characteristics of individuals admitted
Chairman of the Committee on the Judiciary of the under section 203(c) of the Immigration and Nation-
House of Representatives. ality Act, and
‘‘(B) how such characteristics compare to the ‘‘(b) ALIENS COVERED.—An alien is described in this
characteristics of family-sponsored immigrants and subsection if—
employment-based immigrants. ‘‘(1) the alien is—
The Commission shall include in the report an assess- ‘‘(A) an employee at the United States consulate
ment of the effect of the requirement of paragraph (2) in Hong Kong under the authority of the Chief of
of section 203(c) of the Immigration and Nationality Mission (including employment pursuant to section
Act on the diversity, educational, and skill level of 5913 of title 5, United States Code) and has per-
aliens admitted. formed faithful service as such an employee for a
‘‘(d) COMPENSATION OF MEMBERS.—(1) Each member of total of three years or more, or
the Commission who is not an officer or employee of ‘‘(B) a member of the immediate family (as de-
the Federal Government is entitled to receive, subject fined in 6 Foreign Affairs Manual 117k as of the
to such amounts as are provided in advance in appro- date of the enactment of this Act [Nov. 29, 1990]) of
priations Acts, pay at the daily equivalent of the mini- an employee described in subparagraph (A) who has
mum annual rate of basic pay in effect for grade GS–18 been living with the employee in the same house-
of the General Schedule. Each member of the Commis- hold;
sion who is such an officer or employee shall serve ‘‘(2) the welfare of the employee or such an imme-
without additional pay. diate family member is subject to a clear threat due
‘‘(2) While away from their homes or regular places of directly to the employee’s employment with the
business in the performance of services for the Commis- United States Government or under a United States
sion, members of the Commission shall be allowed trav- Government official; and
‘‘(3) the principal officer in Hong Kong, in the offi-
el expenses, including per diem in lieu of subsistence.
cer’s discretion, has recommended the granting of
‘‘(e) MEETINGS, STAFF, AND AUTHORITY OF COMMIS-
special immigrant status to such alien in exceptional
SION.—The provisions of subsections (e) through (g) of
circumstances and the Secretary of State approves
section 304 of the Immigration Reform and Control Act
such recommendation and finds that it is in the na-
of 1986 [Pub. L. 99–603, set out as a note under section
tional interest to grant such status.
1160 of this title] shall apply to the Commission in the ‘‘(c) EXPIRATION.—Subsection (a) shall only apply to
same manner as they apply to the Commission estab- aliens who file an application for special immigrant
lished under such section, except that paragraph (2) of status under this section by not later than January 1,
subsection (e) thereof shall not apply. 2002.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—(1) There ‘‘(d) LIMITED WAIVER OF NUMERICAL LIMITATIONS.—
are authorized to be appropriated to the Commission The first 500 visas made available to aliens as special
such sums as may be necessary to carry out this sec- immigrants under this section shall not be counted
tion. against any numerical limitation established under
‘‘(2) Notwithstanding any other provision of this sec- section 201 or 202 of the Immigration and Nationality
tion, the authority to make payments, or to enter into Act [8 U.S.C. 1151 or 1152].’’
contracts, under this section shall be effective only to
such extent, or in such amounts, as are provided in ad- INAPPLICABILITY OF AMENDMENT BY PUB. L. 101–649
vance in appropriations Acts. Amendment by section 203(c) of Pub. L. 101–649 not to
‘‘(g) TERMINATION DATE.—The Commission shall ter- affect performance of longshore work in United States
minate on the date on which a final report is required by citizens or nationals of United States, see section
to be transmitted under subsection (b)(2)(B), except 203(a)(2) of Pub. L. 101–649, set out as a note under sec-
that the Commission may continue to function until tion 1288 of this title.
January 1, 1998, for the purpose of concluding its activi-
ties, including providing testimony to standing com- APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN
mittees of Congress concerning its final report under STATES
this section and disseminating that report. Pub. L. 112–130, § 1, June 8, 2012, 126 Stat. 376, provided
‘‘(h) CONGRESSIONAL RESPONSE.—(1) No later than 90 that: ‘‘Israel shall be deemed to be a foreign state de-
days after the date of receipt of each report transmit- scribed in section 101(a)(15)(E) of the Immigration and
ted under subsection (b)(2), the Committees on the Ju- Nationality Act (8 U.S.C. 1101(a)(15)(E)) for purposes of
diciary of the House of Representatives and of the Sen- clauses (i) and (ii) of such section if the Government of
ate shall initiate hearings to consider the findings and Israel provides similar nonimmigrant status to nation-
recommendations of the report. als of the United States.’’
‘‘(2) No later than 180 days after the date of receipt of Pub. L. 101–649, title II, § 204(b), Nov. 29, 1990, 104 Stat.
such a report, each such Committee shall report to its 5019, provided that: ‘‘Each of the following foreign
respective House its oversight findings and any legisla- states shall be considered, for purposes of section
tion it deems appropriate. 101(a)(15)(E) of the Immigration and Nationality Act [8
‘‘(i) PRESIDENTIAL REPORT.—The President shall con- U.S.C. 1101(a)(15)(E)], to be a foreign state described in
duct a review and evaluation and provide for the trans- such section if the foreign state extends reciprocal non-
mittal of reports to the Congress in the same manner immigrant treatment to nationals of the United States:
as the Commission is required to conduct a review and ‘‘(1) The largest foreign state in each region (as de-
evaluation and to transmit reports under subsection fined in section 203(c)(1) of the Immigration and Na-
(b).’’ tionality Act [8 U.S.C. 1153(c)(1)]) which (A) has 1 or
[References in laws to the rates of pay for GS–16, 17, more dependent areas (as determined for purposes of
or 18, or to maximum rates of pay under the General section 202 of such Act [8 U.S.C. 1152]) and (B) does
Schedule, to be considered references to rates payable not have a treaty of commerce and navigation with
under specified sections of Title 5, Government Organi- the United States.
zation and Employees, see section 529 [title I, § 101(c)(1)] ‘‘(2) The foreign state which (A) was identified as an
of Pub. L. 101–509, set out in a note under section 5376 adversely affected foreign state for purposes of sec-
of Title 5.] tion 314 of the Immigration Reform and Control Act
of 1986 [Pub. L. 99–603, set out as a note under section
SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EM-
1153 of this title] and (B) does not have a treaty of
PLOYED AT UNITED STATES MISSION IN HONG KONG
commerce and navigation with the United States, but
(D SPECIAL IMMIGRANTS)
(C) had such a treaty with the United States before
Pub. L. 101–649, title I, § 152, Nov. 29, 1990, 104 Stat. 1925.’’
5005, as amended by Pub. L. 102–232, title III, § 302(d)(1),
CLARIFICATION OF TREATMENT OF CERTAIN INTER-
Dec. 12, 1991, 105 Stat. 1744, provided that:
NATIONAL ACCOUNTING AND MANAGEMENT CONSULTING
‘‘(a) IN GENERAL.—Subject to subsection (c), an alien
described in subsection (b) shall be treated as a special FIRMS
immigrant described in section 101(a)(27)(D) of the Im- Pub. L. 101–649, title II, § 206(a), Nov. 29, 1990, 104 Stat.
migration and Nationality Act [8 U.S.C. 1101(a)(27)(D)]. 5022, as amended by Pub. L. 102–232, title III, § 303(a)(9),
Dec. 12, 1991, 105 Stat. 1748; Pub. L. 106–95, § 6, Nov. 12, status of) a nonimmigrant under this section in any fis-
1999, 113 Stat. 1319, provided that: ‘‘In applying sections cal year may not exceed 50.’’
101(a)(15)(L) and 203(b)(1)(C) of the Immigration and Na-
tionality Act [8 U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and EXTENSION OF H–1 IMMIGRATION STATUS FOR CERTAIN
for no other purpose, in the case of a partnership that NONIMMIGRANTS EMPLOYED IN COOPERATIVE RE-
SEARCH AND DEVELOPMENT PROJECTS AND COPRODUC-
is organized in the United States to provide accounting
TION PROJECTS
or management consulting services and that markets
its accounting or management consulting services Pub. L. 101–189, div. A, title IX, § 937, Nov. 29, 1989, 103
under an internationally recognized name under an Stat. 1538, provided that: ‘‘The Attorney General shall
agreement with a worldwide coordinating organization provide for the extension through December 31, 1991, of
that is collectively owned and controlled by the mem- nonimmigrant status under section 101(a)(15)(H)(i) of
ber accounting and management consulting firms or by the Immigration and Nationality Act (8 U.S.C.
the elected members (partners, shareholders, members, 1101(a)(15)(H)(i)) for an alien to perform temporarily
employees) thereof, an entity that is organized outside services relating to a cooperative research and develop-
the United States to provide accounting or management project or a coproduction project provided under
ment consulting services shall be considered to be an a government-to-government agreement administered
affiliate of the United States accounting or manage- by the Secretary of Defense in the case of an alien who
ment consulting partnership if it markets its account- has had such status for a period of at least five years
ing or management consulting services under the same if such status has not expired as of the date of the en-
internationally recognized name directly or indirectly actment of this Act [Nov. 29, 1989] but would otherwise
under an agreement with the same worldwide coordi- expire during 1989, 1990, or 1991, due only to the time
nating organization of which the United States part- limitations with respect to such status.’’
nership is also a member. Those partnerships organized
within the United States and entities organized outside EXTENSION OF H–1 STATUS FOR CERTAIN REGISTERED
the United States which are considered affiliates under NURSES THROUGH DECEMBER 31, 1989
this subsection shall continue to be considered affili- Pub. L. 100–658, § 4, Nov. 15, 1988, 102 Stat. 3909, pro-
ates to the extent such firms enter into a plan of asso- vided that: ‘‘The Attorney General shall provide for the
ciation with a successor worldwide coordinating orga- extension through December 31, 1989, of nonimmigrant
nization, which need not be collectively owned and con- status under section 101(a)(15)(H)(i) of the Immigration
trolled.’’ and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)] for an
alien to perform temporarily services as a registered
ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RE- nurse in the case of an alien who has had such status
SEARCH, DEVELOPMENT, AND COPRODUCTION PROJECTS
for a period of at least 5 years if—
‘‘(1) such status has not expired as of the date of the
Pub. L. 101–649, title II, § 222, Nov. 29, 1990, 104 Stat. enactment of this Act [Nov. 15, 1988] but would other-
5028, as amended by Pub. L. 102–232, title III, § 303(b)(3), wise expire during 1988 or 1989, due only to the time
Dec. 12, 1991, 105 Stat. 1748, provided that: limitation with respect to such status; or
‘‘(a) IN GENERAL.—Subject to subsection (b), the At- ‘‘(2)(A) the alien’s status as such a nonimmigrant
torney General shall provide for nonimmigrant status expired during the period beginning on January 1,
in the case of an alien who— 1987, and ending on the date of the enactment of this
‘‘(1) has a residence in a foreign country which the Act, due only to the time limitation with respect to
alien has no intention of abandoning, and such status,
‘‘(2) is coming to the United States, upon a basis of ‘‘(B) the alien is present in the United States as of
reciprocity, to perform services of an exceptional na- the date of the enactment of this Act,
ture requiring such merit and ability relating to a co- ‘‘(C) the alien has been employed as a registered
operative research and development project or a co- nurse in the United States since the date of expira-
production project provided under a government-to- tion of such status, and
government agreement administered by the Sec- ‘‘(D) in the case of an alien whose status expired
retary of Defense, but not to exceed a period of more during 1987, the alien’s employer has filed with the
than 10 years, Immigration and Naturalization Service, before the
or who is the spouse or minor child of such an alien if date of the enactment of this Act, an appeal of a peti-
accompanying or following to join the alien. tion filed in connection with the alien’s application
for extension of such status.’’
‘‘(b) NUMERICAL LIMITATION.—The number of aliens
who may be admitted as (or otherwise be provided the RESIDENCE WITHIN UNITED STATES CONTINUED DURING
status of) a nonimmigrant under this section at any PERIOD OF ABSENCE
time may not exceed 100.’’
Pub. L. 100–525, § 2(o)(2), Oct. 24, 1988, 102 Stat. 2613,
provided that: ‘‘Only for purposes of section 101(a)(27)(I)
ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE of the Immigration and Nationality Act [8 U.S.C.
VISITOR PROGRAM 1101(a)(27)(I)], an alien who is or was an officer or em-
ployee of an international organization (or is the un-
Pub. L. 101–649, title II, § 223, Nov. 29, 1990, 104 Stat. married son or daughter or surviving spouse of such an
5028, as amended by Pub. L. 102–232, title III, § 303(b)(4), officer or employee or former officer or employee) is
Dec. 12, 1991, 105 Stat. 1748, provided that: considered to be residing and physically present in the
‘‘(a) IN GENERAL.—Subject to subsection (b), the At- United States during a period in which the alien is re-
torney General shall provide for nonimmigrant status siding in the United States but is absent from the
in the case of an alien who— United States because of the officer’s or employee’s
‘‘(1) has a residence in a foreign country which the need to conduct official business on behalf of the orga-
alien has no intention of abandoning, and nization or because of customary leave, but only if dur-
‘‘(2) is coming temporarily to the United States (for ing the period of the absence the officer or employee
a period not to exceed 18 months) as a participant in continues to have a duty station in the United States
a special education training program which provides and, in the case of such an unmarried son or daughter,
for practical training and experience in the education the son or daughter is not enrolled in a school outside
of children with physical, mental, or emotional dis- the United States.’’
abilities,
or who is the spouse or minor child of such an alien if NONIMMIGRANT TRADERS AND INVESTORS UNDER
accompanying or following to join the alien. UNITED STATES-CANADA FREE-TRADE AGREEMENT
‘‘(b) NUMERICAL LIMITATION.—The number of aliens For provisions allowing Canadian citizens to be clas-
who may be admitted as (or otherwise be provided the sifiable as nonimmigrants under subsec. (a)(15)(E) of
this section upon a basis of reciprocity secured by the tion, that (A) such an alien has a bona fide relationship
United States-Canada Free-Trade Agreement, see sec- with the principal alien similar to that which exists be-
tion 307(a) of Pub. L. 100–449, set out in a note under tween close family members and (B) the admission of
section 2112 of Title 19, Customs Duties. such an alien is necessary for humanitarian purposes or
to assure family unity. If an alien described in para-
AMERASIAN IMMIGRATION
graph (1)(C)(ii) is admitted to the United States, the
Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–15, natural mother of the principal alien involved shall
as amended by Pub. L. 101–167, title II, Nov. 21, 1989, 103 not, thereafter, be accorded any right, privilege, or
Stat. 1211; Pub. L. 101–302, title II, May 25, 1990, 104 status under the Immigration and Nationality Act [8
Stat. 228; Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. U.S.C. 1101 et seq.] by virtue of such parentage.
1996, provided: ‘‘That the provisions of subsection (c) of ‘‘(3) For purposes of this section, the term ‘child’ has
section 584 of the Foreign Operations, Export Financ- the meaning given such term in section 101(b)(1)(A),
ing, and Related Programs Appropriations Act, 1988, as (B), (C), (D), and (E) of the Immigration and National-
contained in section 101(e) of Public Law 100–202 [set ity Act [8 U.S.C. 1101(b)(1)(A)–(E)].
out below], shall apply to an individual who (1) departs ‘‘(c) Any alien admitted (or awaiting admission) to
from Vietnam after the date of the enactment of this the United States under this section shall be eligible
Act [Oct. 1, 1988], and (2) is described in subsection (b) for benefits under chapter 2 of title IV of the Immigra-
of such section, but who is issued an immigrant visa tion and Nationality Act [8 U.S.C. 1521 et seq.] to the
under section 201(b) or 203(a) of the Immigration and same extent as individuals admitted (or awaiting ad-
Nationality Act [8 U.S.C. 1151(b), 1153(a)] (rather than mission) to the United States under section 207 of such
under subsection (a) of such section), or would be de- Act [8 U.S.C. 1157] are eligible for benefits under such
scribed in subsection (b) of such section if such section chapter.
also applied to principal aliens who were citizens of the ‘‘(d) The Attorney General, in cooperation with the
United States (rather than merely to aliens)’’. Secretary of State, shall report to Congress 1 year, 2
Pub. L. 100–202, § 101(e) [title V, § 584], Dec. 22, 1987, 101 years, and 3 years, after the date of the enactment of
Stat. 1329–183, as amended by Pub. L. 101–167, title II, this Act [Dec. 22, 1987] on the implementation of this
Nov. 21, 1989, 103 Stat. 1211; Pub. L. 101–513, title II, Nov. section. Each such report shall include the number of
5, 1990, 104 Stat. 1996; Pub. L. 101–649, title VI, aliens who are issued immigrant visas and who are ad-
§ 603(a)(20), Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102–232, mitted to the United States under this section and
title III, § 307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided number of waivers granted under subsection (a)(2) and
that: the reasons for granting such waivers.
‘‘(a)(1) Notwithstanding any numerical limitations ‘‘(e) Except as otherwise specifically provided in this
specified in the Immigration and Nationality Act [8 section, the definitions contained in the Immigration
U.S.C. 1101 et seq.], the Attorney General may admit and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in
aliens described in subsection (b) to the United States the administration of this section and nothing con-
as immigrants if— tained in this section shall be held to repeal, amend,
‘‘(A) they are admissible (except as otherwise pro- alter, modify, effect, or restrict the powers, duties,
vided in paragraph (2)) as immigrants, and functions, or authority of the Attorney General in the
‘‘(B) they are issued an immigrant visa and depart administration and enforcement of such Act or any
from Vietnam on or after March 22, 1988. other law relating to immigration, nationality, or nat-
‘‘(2) The provisions of paragraphs (4), (5), and (7)(A) of uralization. The fact that an alien may be eligible to be
section 212(a) of the Immigration and Nationality Act granted the status of having been lawfully admitted for
[8 U.S.C. 1182(a)(4), (5), and (7)(A)] shall not be applica- permanent residence under this section shall not pre-
ble to any alien seeking admission to the United States clude the alien from seeking such status under any
under this section, and the Attorney General on the other provision of law for which the alien may be eligi-
recommendation of a consular officer may waive any ble.’’
other provision of such section (other than paragraph [Pub. L. 102–232, title III, § 307(l)(8), Dec. 12, 1991, 105
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph Stat. 1757, provided that the amendment made by sec-
(3)) with respect to such an alien for humanitarian pur- tion 307(l)(8) to section 101(e) [title V, § 584(a)(2)] of Pub.
poses, to assure family unity, or when it is otherwise in L. 100–202, set out above, is effective as if included in
the public interest. Any such waiver by the Attorney section 603(a) of the Immigration Act of 1990, Pub. L.
General shall be in writing and shall be granted only on 101–649.]
an individual basis following an investigation by a con- [Pub. L. 101–513, title II, Nov. 5, 1990, 104 Stat. 1996,
sular officer. provided that the amendment made by Pub. L. 101–513
‘‘(3) Notwithstanding section 221(c) of the Immigra- to Pub. L. 100–202, § 101(e) [title V, § 584(b)(2)], set out
tion and Nationality Act [8 U.S.C. 1201(c)], immigrant above, is effective Dec. 22, 1987.]
visas issued to aliens under this section shall be valid
AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT
for a period of one year.
AND SERVICE ACTIVITIES OF IMMIGRATION AND NATU-
‘‘(b)(1) An alien described in this section is an alien
RALIZATION SERVICE
who, as of the date of the enactment of this Act [Dec.
22, 1987], is residing in Vietnam and who establishes to Pub. L. 99–603, title I, § 111, Nov. 6, 1986, 100 Stat. 3381,
the satisfaction of a consular officer or an officer of the provided that:
Immigration and Naturalization Service after a face- ‘‘(a) TWO ESSENTIAL ELEMENTS.—It is the sense of
to-face interview, that the alien— Congress that two essential elements of the program of
‘‘(A)(i) was born in Vietnam after January 1, 1962, immigration control established by this Act [see Short
and before January 1, 1976, and (ii) was fathered by a Title of 1986 Amendments note above] are—
citizen of the United States (such an alien in this sec- ‘‘(1) an increase in the border patrol and other in-
tion referred to as a ‘principal alien’); spection and enforcement activities of the Immigra-
‘‘(B) is the spouse or child of a principal alien and tion and Naturalization Service and of other appro-
is accompanying, or following to join, the principal priate Federal agencies in order to prevent and deter
alien; or the illegal entry of aliens into the United States and
‘‘(C) subject to paragraph (2), either (i) is the prin- the violation of the terms of their entry, and
cipal alien’s natural mother (or is the spouse or child ‘‘(2) an increase in examinations and other service
of such mother), or (ii) has acted in effect as the prin- activities of the Immigration and Naturalization
cipal alien’s mother, father, or next-of-kin (or is the Service and other appropriate Federal agencies in
spouse or child of such an alien), and is accompany- order to ensure prompt and efficient adjudication of
ing, or following to join, the principal alien. petitions and applications provided for under the Im-
‘‘(2) An immigrant visa may not be issued to an alien migration and Nationality Act [this chapter].
under paragraph (1)(C) unless the officer referred to in ‘‘(b) INCREASED AUTHORIZATION OF APPROPRIATIONS
paragraph (1) has determined, in the officer’s discre- FOR INS AND EOIR.—In addition to any other amounts
authorized to be appropriated, in order to carry out SENSE OF CONGRESS RESPECTING CONSULTATION WITH
this Act there are authorized to be appropriated to the MEXICO
Department of Justice—
Pub. L. 99–603, title IV, § 407, Nov. 6, 1986, 100 Stat.
‘‘(1) for the Immigration and Naturalization Serv-
3443, provided that: ‘‘It is the sense of the Congress that
ice, for fiscal year 1987, $422,000,000, and for fiscal year
the President of the United States should consult with
1988, $419,000,000; and
the President of the Republic of Mexico within 90 days
‘‘(2) for the Executive Office of Immigration Re- after enactment of this Act [Nov. 6, 1986] regarding the
view, for fiscal year 1987, $12,000,000, and for fiscal implementation of this Act [see Short Title of 1986
year 1988, $15,000,000. Amendments note above] and its possible effect on the
Of the amounts authorized to be appropriated under United States or Mexico. After the consultation, it is
paragraph (1) sufficient funds shall be available to pro- the sense of the Congress that the President should re-
vide for an increase in the border patrol personnel of port to the Congress any legislative or administrative
the Immigration and Naturalization Service so that the changes that may be necessary as a result of the con-
average level of such personnel in each of fiscal years sultation and the enactment of this legislation.’’
1987 and 1988 is at least 50 percent higher than such
level for fiscal year 1986. COMMISSION FOR THE STUDY OF INTERNATIONAL
‘‘(c) USE OF FUNDS FOR IMPROVED SERVICES.—Of the MIGRATION AND COOPERATIVE ECONOMIC DEVELOPMENT
funds appropriated to the Department of Justice for the
Pub. L. 99–603, title VI, § 601, Nov. 6, 1986, 100 Stat.
Immigration and Naturalization Service, the Attorney
3444, as amended by Pub. L. 100–525, § 2(r), Oct. 24, 1988,
General shall provide for improved immigration and
102 Stat. 2614, provided for establishment, membership,
naturalization services and for enhanced community
etc., of a Commission for the Study of International
outreach and in-service training of personnel of the
Migration and Cooperative Economic Development to
Service. Such enhanced community outreach may in-
examine, in consultation with governments of Mexico
clude the establishment of appropriate local commu-
and other sending countries in Western Hemisphere,
nity taskforces to improve the working relationship be-
the conditions which contribute to unauthorized migra-
tween the Service and local community groups and or-
tion to United States and mutually beneficial recip-
ganizations (including employers and organizations
rocal trade and investment programs to alleviate con-
representing minorities).
ditions leading to such unauthorized migration and to
‘‘(d) SUPPLEMENTAL AUTHORIZATION OF APPROPRIA-
report to President and Congress, not later than 3 years
TIONS FOR WAGE AND HOUR ENFORCEMENT.—There are
after appointment of members of Commission, on re-
authorized to be appropriated, in addition to such sums
sults of Commission’s examination with recommenda-
as may be available for such purposes, such sums as
tions on providing mutually beneficial reciprocal trade
may be necessary to the Department of Labor for en-
and investment programs to alleviate such unauthor-
forcement activities of the Wage and Hour Division and
ized migration.
the Office of Federal Contract Compliance Programs
within the Employment Standards Administration of TREATMENT OF DEPARTURES FROM GUAM
the Department in order to deter the employment of
unauthorized aliens and remove the economic incentive Pub. L. 99–505, § 2, Oct. 21, 1986, 100 Stat. 1806, provided
for employers to exploit and use such aliens.’’ 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
ELIGIBILITY OF H–2 AGRICULTURAL WORKERS FOR section 1 of this Act), an alien crewman shall be consid-
CERTAIN LEGAL ASSISTANCE ered to have departed from Guam after leaving the ter-
Pub. L. 99–603, title III, § 305, Nov. 6, 1986, 100 Stat. ritorial waters of Guam, without regard to whether the
3434, provided that: ‘‘A nonimmigrant worker admitted alien arrives in a foreign state before returning to
to or permitted to remain in the United States under Guam.’’
section 101(a)(15)(H)(ii)(a) of the Immigration and Na- ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT
tionality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricul-
tural labor or service shall be considered to be an alien Priv. L. 98–53, Oct. 30, 1984, 98 Stat. 3437, provided:
described in section 101(a)(20) of such Act (8 U.S.C. ‘‘That an alien lawfully admitted to the United States
1101(a)(20)) for purposes of establishing eligibility for for permanent residence shall be considered, for pur-
legal assistance under the Legal Services Corporation poses of section 101(a)(27)(A) of the Immigration and
Act (42 U.S.C. 2996 et seq.), but only with respect to Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be tempo-
legal assistance on matters relating to wages, housing, rarily visiting abroad during any period (before or after
transportation, and other employment rights as pro- the date of the enactment of this Act [Oct. 30, 1984]) in
vided in the worker’s specific contract under which the which the alien is employed by the American Univer-
nonimmigrant was admitted.’’ sity of Beirut.’’
STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR
DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE GRADUATE MEDICAL EDUCATION OF ALIEN GRADUATES
OF STRIKES OF FOREIGN MEDICAL SCHOOLS; REPORT TO CONGRESS
NOT LATER THAN JANUARY 15, 1983
Pub. L. 99–603, title III, § 315(d), Nov. 6, 1986, 100 Stat.
3440, provided that: Pub. L. 97–116, § 5(e), Dec. 29, 1981, 95 Stat. 1614, di-
‘‘(1) Except as provided in paragraph (2), during the rected Secretary of Health and Human Services, after
one-year period beginning on the date of the enactment consultation with Attorney General, Secretary of
of this Act [Nov. 6, 1986], an alien may not be admitted State, and Director of the International Communica-
to the United States as an alien crewman (under section Agency, to evaluate effectiveness and value to for-
tion 101(a)(15)(D) of the Immigration and Nationality eign nations and United States of exchange programs
Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of perform- for graduate medical education or training of aliens
ing service on board a vessel or aircraft at a time when who were graduates of foreign medical schools, and to
there is a strike in the bargaining unit of the employer report to Congress, not later than Jan. 15, 1983, on such
in which the alien intends to perform such service. evaluation, and include such recommendations for
‘‘(2) Paragraph (1) shall not apply to an alien em- changes in legislation and regulations as appropriate.
ployee who was employed before the date of the strike
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RE-
concerned and who is seeking admission to enter the
SIDING IN THE VIRGIN ISLANDS TO PERMANENT RESI-
United States to continue to perform services as a
DENT ALIEN STATUS
crewman to the same extent and on the same routes as
the alien performed such services before the date of the Upon application during the one-year period begin-
strike.’’ ning Sept. 30, 1982, by an alien who was inspected and
admitted to the Virgin Islands of the United States ei- SEC. 4. The Secretary of State and the Attorney Gen-
ther as a nonimmigrant alien worker under subsec. eral are directed to provide for enhanced consideration
(a)(15)(H)(ii) of this section or as a spouse or minor under the immigration laws for individuals from any
child of such worker, and has resided continuously in country who express a fear of persecution upon return
the Virgin Islands since June 30, 1975, the Attorney to their country related to that country’s policy of
General may adjust the status of such nonimmigrant forced abortion or coerced sterilization, as imple-
alien to that of an alien lawfully admitted for perma- mented by the Attorney General’s regulation effective
nent residence, provided certain conditions are met, January 29, 1990.
and such alien is not to be deported for failure to main- SEC. 5. The Attorney General is directed to ensure
tain nonimmigrant status until final action is taken on that the Immigration and Naturalization Service final-
the alien’s application for adjustment, see section 2(a), izes and makes public its position on the issue of train-
(b) of Pub. L. 97–271, set out as a note under section 1255 ing for individuals in F–1 visa status and on the issue
of this title. of reinstatement into lawful nonimmigrant status of
such PRC nationals who have withdrawn their applica-
LIMITATION ON ADMISSION OF ALIENS SEEKING
tions for asylum.
EMPLOYMENT IN THE VIRGIN ISLANDS
SEC. 6. The Departments of Justice and State are di-
Notwithstanding any other provision of law, the At- rected to consider other steps to assist such PRC na-
torney General not to be authorized, on or after Sept. tionals in their efforts to utilize the protections that I
30, 1982, to approve any petition filed under section have extended pursuant to this order.
1184(c) of this title in the case of importing any alien SEC. 7. This order shall be effective immediately.
as a nonimmigrant under subsec. (a)(15)(H)(ii) of this GEORGE BUSH.
section for employment in the Virgin Islands of the
United States other than as an entertainer or as an DETERRING ILLEGAL IMMIGRATION
athlete and for a period not exceeding 45 days, see sec-
Memorandum of President of the United States, Feb.
tion 3 of Pub. L. 97–271, set out as a note under section
7, 1995, 60 F.R. 7885, provided:
1255 of this title.
Memorandum for the Heads of Executive Depart-
LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS ments and Agencies
It is a fundamental right and duty for a nation to
Pub. L. 96–70, title III, § 3201(c), Sept. 27, 1979, 93 Stat.
protect the integrity of its borders and its laws. This
497, provided that notwithstanding any other provision
Administration shall stand firm against illegal immi-
of law, not more than 15,000 individuals could be admit-
gration and the continued abuse of our immigration
ted to the United States as special immigrants under
laws. By closing the back door to illegal immigration,
subparagraphs (E), (F), and (G) of subsec. (a)(27) of this
we will continue to open the front door to legal immi-
section, of which not more than 5,000 could be admitted
grants.
in any fiscal year, prior to repeal by Pub. L. 103–416,
My Administration has moved swiftly to reverse the
title II, § 212(a), Oct. 25, 1994, 108 Stat. 4314.
course of a decade of failed immigration policies. Our
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH initiatives have included increasing overall Border per-
RESPECT TO NATIONALS OF PEOPLE’S REPUBLIC OF CHINA sonnel by over 50 percent since 1993. We also are
strengthening worksite enforcement and work author-
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, pro-
ization verification to deter employment of illegal
vided:
By the authority vested in me as President by the aliens. Asylum rules have been reformed to end abuse
Constitution and laws of the United States of America, by those falsely claiming asylum, while offering protec-
the Attorney General and the Secretary of State are tion to those in genuine fear of persecution. We are
hereby ordered to exercise their authority, including cracking down on smugglers of illegal aliens and re-
that under the Immigration and Nationality Act (8 forming criminal alien deportation for quicker re-
U.S.C. 1101–1557), as follows: moval. And we are the first Administration to obtain
SECTION 1. The Attorney General is directed to take funding to reimburse States for a share of the costs of
any steps necessary to defer until January 1, 1994, the incarcerating criminal illegal aliens.
enforced departure of all nationals of the People’s Re- While we already are doing more to stem the flow of
public of China (PRC) and their dependents who were in illegal immigration than has any previous Administra-
the United States on or after June 5, 1989, up to and in- tion, more remains to be done. In conjunction with the
cluding the date of this order (hereinafter ‘‘such PRC Administration’s unprecedented budget proposal to
nationals’’). support immigration initiatives, this directive provides
SEC. 2. The Secretary of State and the Attorney Gen- a blueprint of policies and priorities for this Adminis-
eral are directed to take all steps necessary with re- tration’s continuing work to curtail illegal immigra-
spect to such PRC nationals (a) to waive through Janu- tion. With its focus on strong border deterrence backed
ary 1, 1994, the requirement of a valid passport and (b) up by effective worksite enforcement, removal of crimi-
to process and provide necessary documents, both with- nal and other deportable aliens and assistance to
in the United States and at U.S. consulates overseas, to states, this program protects the security of our bor-
facilitate travel across the borders of other nations and ders, our jobs and our communities for all Americans—
reentry into the United States in the same status such citizens and legal immigrants alike.
PRC nationals had upon departure.
COMPREHENSIVE BORDER CONTROL STRATEGY
SEC. 3. The Secretary of State and the Attorney Gen-
eral are directed to provide the following protections: A. Deterring Illegal Immigration At Our Borders
(a) irrevocable waiver of the 2-year home country res- I have directed the Attorney General to move expedi-
idence requirement that may be exercised until Janu- tiously toward full implementation of our comprehen-
ary 1, 1994, for such PRC nationals; sive border control strategy, including efforts at the
(b) maintenance of lawful status for purposes of ad- southwest border. To support sustained long-term
justment of status or change of nonimmigrant status strengthening of our deterrence capacity, the Adminis-
for such PRC nationals who were in lawful status at tration shall seek funding to add new Border Patrol
any time on or after June 5, 1989, up to and including agents to reach the goal of at least 7,000 agents protect-
the date of this order; ing our borders by the year 2000.
(c) authorization for employment of such PRC na-
tionals through January 1, 1994; and Flexible Border Response Capacity
(d) notice of expiration of nonimmigrant status (if To further this strategy, the Department of Justice
applicable) rather than the institution of deportation shall implement the capacity to respond to emerging
proceedings, and explanation of options available for situations anywhere along our national borders to
such PRC nationals eligible for deferral of enforced de- deter buildups of illegal border crossers, smuggling op-
parture whose nonimmigrant status has expired. erations, or other developing problems.
Strategic Use of High Technology strategy is to toughen worksite enforcement and em-
Through the strategic use of sensors, night scopes, ployer sanctions. Employers who hire illegal immi-
helicopters, light planes, all-terrain vehicles, finger- grants not only obtain unfair competitive advantage
printing and automated recordkeeping, we have freed over law-abiding employers, their unlawful use of ille-
many Border Patrol agents from long hours of bureau- gal immigrants suppresses wages and working condi-
cratic tasks and increased the effectiveness of these tions for our country’s legal workers. Our strategy,
highly-trained personnel. Because these tools are es- which targets enforcement efforts at employers and in-
sential for the Immigration and Naturalization Service dustries that historically have relied upon employment
(INS) to do its job, I direct the Attorney General to ac- of illegal immigrants, will not only strengthen deter-
celerate to the greatest extent possible their utiliza- rence of illegal immigration, but better protect Amer-
tion and enhancement to support implementation of ican workers and businesses that do not hire illegal im-
our deterrence strategy. migrants.
Central to this effort is an effective, nondiscrim-
Strong Enforcement Against Repeat Illegal Crossers inatory means of verifying the employment authoriza-
The Department of Justice shall assess the effective- tion of all new employees. The Administration fully
ness of efforts underway to deter repeat illegal cross- supports the recommendation of the Commission on
ers, such as fingerprinting and dedicating prosecution Legal Immigration Reform to create pilot projects to
resources to enforce the new prosecution authority pro- test various techniques for improving workplace ver-
vided by the Violent Crime Control and Law Enforce- ification, including a computer database test to vali-
ment Act of 1994 [Pub. L. 103–322, see Tables for classi- date a new worker’s social security number for work
fication]. authorization purposes. The Immigration and Natu-
The Department of Justice shall determine whether ralization Service (INS) and Social Security Adminis-
accelerated expansion of these techniques to additional tration are directed to establish, implement, monitor,
border sectors is warranted. and review the pilots and provide me with an interim
B. Deterring Alien Smuggling report on the progress of this program by March 1, 1996.
In addition, the INS is directed to finalize the Admin-
This Administration has had success deterring large
istration’s reduction of the number of authorized docu-
ship-based smuggling directly to United States shores.
ments to support work verification for noncitizens.
In response, smugglers are testing new routes and tac-
Concurrently, the Administration will seek further re-
tics. Our goal: similar success in choking off these at-
duction legislatively in the number of documents that
tempts by adjusting our anti-smuggling initiatives to
are acceptable for proving identity and work authoriza-
anticipate shifting smuggling patterns.
tion. The Administration will improve the security of
To meet new and continuing challenges posed along
existing documents to be used for work authorization
transport routes and in foreign locations by smuggling
and seek increased penalties for immigration fraud, in-
organizations, we will augment diplomatic and enforce-
cluding fraudulent production and use of documents.
ment resources at overseas locations to work with host
The Department of Labor shall intensify its inves-
governments, and increase related intelligence gather-
tigations in industries with patterns of labor law viola-
ing efforts.
tions that promote illegal immigration.
The Departments of State and Justice, in cooperation
I also direct the Department of Labor, INS, and other
with other relevant agencies, will report to the Na-
relevant Federal agencies to expand their collaboration
tional Security Council within 30 days on the structure
in cracking down on those who subvert fair competi-
of interagency coordination to achieve these objec-
tion by hiring illegal aliens. This may include in-
tives.
creased Federal authority to confiscate assets that are
Congressional action will be important to provide
the fruits of that unfair competition.
U.S. law enforcement agencies with needed authority
The White House Interagency Working Group on Im-
to deal with international smuggling operations. I will
migration shall further examine the link between im-
propose that the Congress pass legislation providing
migration and employment, including illegal immigra-
wiretap authority for investigation of alien smuggling
tion, and recommend to me other appropriate meas-
cases and providing authorization to seize the assets of
ures.
groups engaged in trafficking in human cargo.
In addition, I will propose legislation to give the At- DETENTION AND REMOVAL OF DEPORTABLE
torney General authority to implement procedures for ILLEGAL ALIENS
expedited exclusion to deal with large flows of undocu-
mented migrants, smuggling operations, and other ex- The Administration’s deterrence strategy includes
traordinary migration situations. strengthening the country’s detention and deportation
capability. No longer will criminals and other high risk
C. Visa Overstay Deterrence deportable aliens be released back into communities
Nearly half of this country’s illegal immigrants come because of a shortage of detention space and ineffective
into the country legally and then stay after they are deportation procedures.
required by law to depart, often using fraudulent docu-
A. Comprehensive Deportation Process Reform
mentation. No Administration has ever made a serious
effort to identify and deport these individuals. This Ad- The Department of Justice, in consultation with
ministration is committed to curtailing this form of il- other relevant agencies, shall develop a streamlined,
legal immigration. fair, and effective procedure to expedite removal of de-
Therefore, relevant departments and agencies are di- portable aliens. As necessary, additional legislative au-
rected to review their policies and practices to identify thority will be sought in this area. In addition, the De-
necessary reforms to curtail visa overstayers and to en- partment of Justice shall increase its capacity to staff
hance investigations and prosecution of those who deportation and exclusion hearings to support these ob-
fraudulently produce or misuse passports, visas, and jectives.
other travel related documents. Recommendations for B. National Detention and Removal Plan
administrative initiatives and legislative reform shall To address the shortage of local detention space for
be presented to the White House Interagency Working illegal aliens, the Administration shall devise a Na-
Group on Immigration by June 30, 1995. tional Detention, Transportation, and Removal Policy
that will permit use of detention space across the
REDUCING THE MAGNET OF WORK OPPORTUNI-
United States and improve the ability to remove indi-
TIES, WORKSITE ENFORCEMENT, AND DETER-
viduals with orders of deportation. The Department of
RENCE
Justice, in consultation with other agencies as appro-
Border deterrence cannot succeed if the lure of jobs priate and working under the auspices of the White
in the United States remains. Therefore, a second House Interagency Working Group on Immigration,
major component of the Administration’s deterrence shall finalize this plan by April 30, 1995.
The Administration will seek support and funding tion is the first to obtain funding from the Congress to
from the Congress for this plan and for our efforts to reimburse States for a share of the costs of incarcer-
double the removal of illegal aliens with final orders of ated illegal aliens.
deportation. This Administration will continue to work with
States to obtain more Federal help for certain State
C. Identification and Removal of Criminal Aliens
costs and will oppose inappropriate cost-shifting to the
The Institutional Hearing Program is successfully ex- States.
pediting deportation of incarcerated criminal aliens
after they serve their sentences. INTERNATIONAL COOPERATION
To further expedite removal of criminal aliens from
This Administration will continue to emphasize
this country and reduce costs to Federal and State gov-
international cooperative efforts to address illegal im-
ernments, the Department of Justice is directed to de-
migration.
velop an expanded program of verification of the immi-
Pursuant to a Presidential Review Directive (PRD),
gration status of criminal aliens within our country’s
the Department of State is now coordinating a study
prisons. In developing this program, the viability of ex-
on United States policy toward international refugee
panding the work of the Law Enforcement Support
and migration affairs. I hereby direct that, as part of
Center should be assessed and all necessary steps taken
that PRD process, this report to the National Security
to increase coordination and cooperative efforts with
Council include the relationship of economic develop-
State, and local law enforcement officers in identifica-
ment and migration in the Western Hemisphere and, in
tion of criminal aliens.
particular, provide recommendations for further for-
TARGETED DETERRENCE AREAS eign economic policy measures to address causes of il-
legal immigration.
Many of the Administration’s illegal immigration en- The Department of State shall coordinate an inter-
forcement initiatives are mutually reinforcing. For ex- agency effort to consider expanded arrangements with
ample, strong interior enforcement supports border foreign governments for return of criminal and deport-
control. While there have been efforts over the years at able aliens.
piecemeal cooperation, this Administration will exam- The Department of State also shall seek to negotiate
ine, develop, and test a more comprehensive coordi- readmission agreements for persons who could have
nated package of deterrence strategies in selected met- sought asylum in the last country from which they ar-
ropolitan areas by multiple Federal, State, and local rived. Such agreements will take due regard of U.S. ob-
agencies. ligations under the Protocol Relating to the Status of
The White House Interagency Working Group on Im- Refugees.
migration shall coordinate the development of this The Department of State further shall implement co-
interagency and intergovernmental operation. operative efforts with other nations receiving smuggled
VERIFICATION OF ELIGIBILITY FOR BENEFITS aliens or those used as transhipment points by smug-
glers. In particular, we will look to countries in our
The law denies most government benefits to illegal hemisphere to join us by denying their territory as
aliens. The government has a duty to assure that tax- bases for smuggling operations.
payer-supported public assistance programs are not The Department of State shall initiate negotiations
abused. As with work authorization, enforcement of eli- with foreign countries to secure authority for the
gibility requirements relies upon a credible system of United States Coast Guard to board source country ves-
verification. The INS, working with the White House sels suspected of transporting smuggled aliens.
Interagency Working Group on Immigration as appro- This directive shall be published in the Federal Reg-
priate, shall review means of improving the existing ister.
benefits verification program. In addition, we will seek WILLIAM J. CLINTON.
new mechanisms—including increased penalties for
false information used to qualify for benefits—to pro- DEFINITIONS
tect the integrity of public programs. Pub. L. 104–208, div. C, § 1(c), Sept. 30, 1996, 110 Stat.
ANTI-DISCRIMINATION 3009–546, provided that: ‘‘Except as otherwise specifi-
cally provided in this division [see Tables for classifica-
Our efforts to combat illegal immigration must not tion], for purposes of titles I [enacting section 1225a of
violate the privacy and civil rights of legal immigrants this title and section 758 of Title 18, Crimes and Crimi-
and U.S. citizens. Therefore, I direct the Attorney Gen- nal Procedure, amending this section and sections 1103,
eral, the Secretary of Health and Human Services, the 1182, 1251, 1325, 1356, and 1357 of this title, and enacting
Chair of the Equal Employment Opportunity Commis- provisions set out as notes under this section, sections
sion, and other relevant Administration officials to 1103, 1182, 1221, 1325, and 1356 of this title, and section
vigorously protect our citizens and legal immigrants 758 of Title 18] and VI [enacting sections 1363b and 1372
from immigration-related instances of discrimination to 1375 of this title and section 116 of Title 18, amending
and harassment. All illegal immigration enforcement this section, sections 1105a, 1151, 1152, 1154, 1157, 1158,
measures shall be taken with due regard for the basic 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251, 1252a, 1255 to
human rights of individuals and in accordance with our 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356, and 1522 of
obligations under applicable international agreements. this title, section 112 of Title 32, National Guard, and
section 191 of Title 50, War and National Defense, en-
ASSISTANCE TO STATES
acting provisions set out as notes under this section,
States today face significant costs for services pro- sections 1153, 1158, 1161, 1182, 1187, 1189, 1202, 1255, 1433,
vided to illegal immigrants as a result of failed policies and 1448 of this title, section 301 of Title 5, Government
of the past. Deterring illegal immigration is the best Organization and Employees, section 116 of Title 18,
long-term solution to protect States from growing and section 405 of Title 42, The Public Health and Wel-
costs for illegal immigration. This is the first Adminis- fare, and amending provisions set out as notes under
tration to address this primary responsibility squarely. sections 1159, 1182, 1252, 1255a, 1323, 1401, and 1430 of this
We are targeting most of our Federal dollars to those title] of this division, the terms ‘alien’, ‘Attorney Gen-
initiatives that address the root causes that lead to in- eral’, ‘border crossing identification card’, ‘entry’, ‘im-
creased burdens on States. migrant’, ‘immigrant visa’, ‘lawfully admitted for per-
The Federal Government provides States with bil- manent residence’, ‘national’, ‘naturalization’, ‘refu-
lions of dollars to provide for health care, education, gee’, ‘State’, and ‘United States’ shall have the mean-
and other services and benefits for immigrants. This ing given such terms in section 101(a) of the Immigra-
Administration is proposing increases for immigration tion and Nationality Act [8 U.S.C. 1101(a)].’’
and immigration-related spending of 25 percent in 1996 Pub. L. 104–208, div. C, title V, § 594, Sept. 30, 1996, 110
compared to 1993 levels. In addition, this Administra- Stat. 3009–688, provided that: ‘‘Except as otherwise pro-
vided in this title [see Effective Date of 1996 Amend- Code, see Short Title note set out under section 1101 of
ment note above], for purposes of this title— this title and Tables.
‘‘(1) the terms ‘alien’, ‘Attorney General’, ‘na-
tional’, ‘naturalization’, ‘State’, and ‘United States’ AMENDMENTS
shall have the meaning given such terms in section 1996—Pub. L. 104–208 substituted ‘‘removal’’ for ‘‘ex-
101(a) of the Immigration and Nationality Act [8 clusion or deportation’’ in introductory provisions.
U.S.C. 1101(a)]; and 1991—Pars. (1) to (3). Pub. L. 102–232 substituted ‘‘sub-
‘‘(2) the term ‘child’ shall have the meaning given paragraphs (A) through (C) of section 1182(a)(3) of this
such term in section 101(c) of the Immigration and title’’ for ‘‘paragraph (3) (other than subparagraph (E))
Nationality Act.’’ of section 1182(a) of this title’’.
Pub. L. 85–316, § 14, Sept. 11, 1957, 71 Stat. 643, provided 1990—Pars. (1) to (3). Pub. L. 101–649 substituted ‘‘(3)
that: ‘‘Except as otherwise specifically provided in this (other than subparagraph (E))’’ for ‘‘(27)’’ in pars. (1)
Act, the definitions contained in subsections (a) and (b) and (2), and ‘‘paragraph (3) (other than subparagraph
of section 101 of the Immigration and Nationality Act (E))’’ for ‘‘paragraphs (27) and (29)’’ in par. (3).
[8 U.S.C. 1101(a), (b)] shall apply to sections 4, 5, 6, 7, 8, 1988—Par. (2). Pub. L. 100–525 substituted ‘‘docu-
9, 12, 13, and 15 of this Act [enacting sections 1182b, mentation’’ for ‘‘documentaion’’.
1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and
provisions set out as notes under section 1153 of this EFFECTIVE DATE OF 1996 AMENDMENT
title and section 1971a of the former Appendix to Title Amendment by Pub. L. 104–208 effective, with certain
50, War and National Defense.]’’ transitional provisions, on the first day of the first
month beginning more than 180 days after Sept. 30,
§ 1102. Diplomatic and semidiplomatic immuni-
1996, see section 309 of Pub. L. 104–208, set out as a note
ties under section 1101 of this title.
Except as otherwise provided in this chapter, EFFECTIVE DATE OF 1991 AMENDMENT
for so long as they continue in the non-
immigrant classes enumerated in this section, Amendment by Pub. L. 102–232 effective as if included
in the enactment of the Immigration Act of 1990, Pub.
the provisions of this chapter relating to ineli- L. 101–649, see section 310(1) of Pub. L. 102–232, set out
gibility to receive visas and the removal of as a note under section 1101 of this title.
aliens shall not be construed to apply to non-
immigrants— EFFECTIVE DATE OF 1990 AMENDMENT
(1) within the class described in paragraph Amendment by Pub. L. 101–649 applicable to individ-
(15)(A)(i) of section 1101(a) of this title, except uals entering United States on or after June 1, 1991, see
those provisions relating to reasonable re- section 601(e)(1) of Pub. L. 101–649, set out as a note
quirements of passports and visas as a means under section 1101 of this title.
of identification and documentation necessary DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO
to establish their qualifications under such UNITED NATIONS
paragraph (15)(A)(i), and, under such rules and
Pub. L. 101–246, title IV, § 407, Feb. 16, 1990, 104 Stat.
regulations as the President may deem to be 67, as amended by Pub. L. 113–100, § 1, Apr. 18, 2014, 128
necessary, the provisions of subparagraphs (A) Stat. 1145, provided that:
through (C) of section 1182(a)(3) of this title; ‘‘(a) IN GENERAL.—The President shall use his author-
(2) within the class described in paragraph ity, including the authorities contained in section 6 of
(15)(G)(i) of section 1101(a) of this title, except the United Nations Headquarters Agreement Act (Pub-
those provisions relating to reasonable re- lic Law 80–357) [Aug. 4, 1947, ch. 482, set out as a note
quirements of passports and visas as a means under 22 U.S.C. 287], to deny any individual’s admission
of identification and documentation necessary to the United States as a representative to the United
Nations if the President determines that such individ-
to establish their qualifications under such ual—
paragraph (15)(G)(i), and the provisions of sub- ‘‘(1) has been found to have been engaged in espio-
paragraphs (A) through (C) of section 1182(a)(3) nage activities or a terrorist activity (as defined in
of this title; and section 212(a)(3)(B)(iii) of the Immigration and Na-
(3) within the classes described in para- tionality Act (8 U.S.C. 1182(a)(3)(B)(iii))) directed
graphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or against the United States or its allies; and
(15)(G)(iv) of section 1101(a) of this title, ex- ‘‘(2) may pose a threat to United States national se-
cept those provisions relating to reasonable curity interests.
‘‘(b) WAIVER.—The President may waive the provi-
requirements of passports and visas as a sions of subsection (a) if the President determines, and
means of identification and documentation so notifies the Congress, that such a waiver is in the
necessary to establish their qualifications national security interests of the United States.’’
under such paragraphs, and the provisions of
subparagraphs (A) through (C) of section § 1103. Powers and duties of the Secretary, the
1182(a)(3) of this title. Under Secretary, and the Attorney General
(June 27, 1952, ch. 477, title I, § 102, 66 Stat. 173; (a) Secretary of Homeland Security
Pub. L. 100–525, § 9(b), Oct. 24, 1988, 102 Stat. 2619; (1) The Secretary of Homeland Security shall
Pub. L. 101–649, title VI, § 603(a)(2), Nov. 29, 1990, be charged with the administration and enforce-
104 Stat. 5082; Pub. L. 102–232, title III, § 307(i), ment of this chapter and all other laws relating
Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104–208, div. to the immigration and naturalization of aliens,
C, title III, § 308(d)(4)(B), Sept. 30, 1996, 110 Stat. except insofar as this chapter or such laws re-
3009–617.) late to the powers, functions, and duties con-
REFERENCES IN TEXT ferred upon the President, Attorney General, the
This chapter, referred to in introductory provisions,
Secretary of State, the officers of the Depart-
was in the original, ‘‘this Act’’, meaning act June 27, ment of State, or diplomatic or consular offi-
1952, ch. 477, 66 Stat. 163, known as the Immigration and cers: Provided, however, That determination and
Nationality Act, which is classified principally to this ruling by the Attorney General with respect to
chapter. For complete classification of this Act to the all questions of law shall be controlling.

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Page 15 TITLE 8—ALIENS AND NATIONALITY § 1101

State court; and pear.

(II) in the case of an alien described in conspiracy, or solicitation to commit any of

(iii) exercises wide latitude in discretionary 1154(a)(1)(B)(ii)(II)(aa)(BB), or

a classification as an immediate relative to form a bona fide parent-child relation-

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