United State
Code
TITLE 8 -
ALIENS AND NATIONALITY
CHAPTER
12 - IMMIGRATION AND NATIONALITY
SUBCHAPTER
I - GENERAL PROVISIONS
U.S. Code as of: 01/26/1998
8 U.S.C. 1101
Sec. 1101. Definitions
(a) As used in this chapter -
(1) The term ''administrator'' means the official designated by
the Secretary of State pursuant to section 1104(b) of this title.
(2) The term ''advocates'' includes, but is not limited to,
advises, recommends, furthers by overt act, and admits belief in.
(3) The term ''alien'' means any person not a citizen or national
of the United States.
(4) The term ''application for admission'' has reference to the
application for admission into the United States and not to the
application for the issuance of an immigrant or nonimmigrant visa.
(5) The term ''Attorney General'' means the Attorney General of
the United States.
(6) The term ''border crossing identification card'' means a
document of identity bearing that designation issued to an alien
who is lawfully admitted for permanent residence, or to an alien
who is a resident in foreign contiguous territory, by a consular
officer or an immigration officer for the purpose of crossing over
the borders between the United States and foreign contiguous
territory in accordance with such conditions for its issuance and
use as may be prescribed by regulations. Such regulations shall
provide that (A) each such document include a biometric identifier
(such as the fingerprint or handprint of the alien) that is machine
readable and (B) an alien presenting a border crossing
identification card is not permitted to cross over the border into
the United States unless the biometric identifier contained on the
card matches the appropriate biometric characteristic of the alien.
(7) The term ''clerk of court'' means a clerk of a naturalization
court.
(8) The terms ''Commissioner'' and ''Deputy Commissioner'' mean
the Commissioner of Immigration and Naturalization and a Deputy
Commissioner of Immigration and Naturalization, respectively.
(9) The term ''consular officer'' means any consular, diplomatic,
or other officer of the United States designated under regulations
prescribed under authority contained in this chapter, for the
purpose of issuing immigrant or nonimmigrant visas.
(10) The term ''crewman'' means a person serving in any capacity
on board a vessel or aircraft.
(11) The term ''diplomatic visa'' means a nonimmigrant visa
bearing that title and issued to a nonimmigrant in accordance with
such regulations as the Secretary of State may prescribe.
(12) The term ''doctrine'' includes, but is not limited to,
policies, practices, purposes, aims, or procedures.
(13)(A) The terms ''admission'' and ''admitted'' mean, with
respect to an alien, the lawful entry of the alien into the United
States after inspection and authorization by an immigration
officer.
(B) An alien who is paroled under section 1182(d)(5) of this
title or permitted to land temporarily as an alien crewman shall
not be considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the
United States shall not be regarded as seeking an admission into
the United States for purposes of the immigration laws unless the
alien -
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous
period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the
United States,
(iv) has departed from the United States while under legal
process seeking removal of the alien from the United States,
including removal proceedings under this chapter and extradition
proceedings,
(v) has committed an offense identified in section 1182(a)(2)
of this title, unless since such offense the alien has been
granted relief under section 1182(h) or 1229b(a) of this title,
or
(vi) is attempting to enter at a time or place other than as
designated by immigration officers or has not been admitted to
the United States after inspection and authorization by an
immigration officer.
(14) The term ''foreign state'' includes outlying possessions of
a foreign state, but self-governing dominions or territories under
mandate or trusteeship shall be regarded as separate foreign
states.
(15) The term ''immigrant'' means every alien except an alien who
is within one of the following classes of nonimmigrant aliens -
(A)(i) an ambassador, public minister, or career diplomatic or
consular officer who has been accredited by a foreign government,
recognized de jure by the United States and who is accepted by
the President or by the Secretary of State, and the members of
the alien's immediate family;
(ii) upon a basis of reciprocity, other officials and employees
who have been accredited by a foreign government recognized de
jure by the United States, who are accepted by the Secretary of
State, and the members of their immediate families; and
(iii) upon a basis of reciprocity, attendants, servants,
personal employees, and members of their immediate families, of
the officials and employees who have a nonimmigrant status under
(i) and (ii) above;
(B) an alien (other than one coming for the purpose of study or
of performing skilled or unskilled labor or as a representative
of foreign press, radio, film, or other foreign information media
coming to engage in such vocation) having a residence in a
foreign country which he has no intention of abandoning and who
is visiting the United States temporarily for business or
temporarily for pleasure;
(C) an alien in immediate and continuous transit through the
United States, or an alien who qualifies as a person entitled to
pass in transit to and from the United Nations Headquarters
District and foreign countries, under the provisions of
paragraphs (3), (4), and (5) of section 11 of the Headquarters
Agreement with the United Nations (61 Stat. 758);
(D)(i) an alien crewman serving in good faith as such in a
capacity required for normal operation and service on board a
vessel, as defined in section 1288(a) of this title (other than a
fishing vessel having its home port or an operating base in the
United States), or aircraft, who intends to land temporarily and
solely in pursuit of his calling as a crewman and to depart from
the United States with the vessel or aircraft on which he arrived
or some other vessel or aircraft;
(ii) an alien crewman serving in good faith as such in any
capacity required for normal operations and service aboard a
fishing vessel having its home port or an operating base in the
United States who intends to land temporarily in Guam and solely
in pursuit of his calling as a crewman and to depart from Guam
with the vessel on which he arrived;
(E) an alien entitled to enter the United States under and in
pursuance of the provisions of a treaty of commerce and
navigation between the United States and the foreign state of
which he is a national, and the spouse and children of any such
alien if accompanying or following to join him; (i) solely to
carry on substantial trade, including trade in services or trade
in technology, principally between the United States and the
foreign state of which he is a national; or (ii) solely to
develop and direct the operations of an enterprise in which he
has invested, or of an enterprise in which he is actively in the
process of investing, a substantial amount of capital;
(F)(i) an alien having a residence in a foreign country which
he has no intention of abandoning, who is a bona fide student
qualified to pursue a full course of study and who seeks to enter
the United States temporarily and solely for the purpose of
pursuing such a course of study consistent with section 1184(l)
(FOOTNOTE 1) of this title at an established college, university,
seminary, conservatory, academic high school, elementary school,
or other academic institution or in a language training program
in the United States, particularly designated by him and approved
by the Attorney General after consultation with the Secretary of
Education, which institution or place of study shall have agreed
to report to the Attorney General the termination of attendance
of each nonimmigrant student, and if any such institution of
learning or place of study fails to make reports promptly the
approval shall be withdrawn, and (ii) the alien spouse and minor
children of any such alien if accompanying him or following to
join him;
(FOOTNOTE 1) See References in Text note below.
(G)(i) a designated principal resident representative of a
foreign government recognized de jure by the United States, which
foreign government is a member of an international organization
entitled to enjoy privileges, exemptions, and immunities as an
international organization under the International Organizations
Immunities Act (59 Stat. 669) (22 U.S.C. 288 et seq.), accredited
resident members of the staff of such representatives, and
members of his or their immediate family;
(ii) other accredited representatives of such a foreign
government to such international organizations, and the members
of their immediate families;
(iii) an alien able to qualify under (i) or (ii) above except
for the fact that the government of which such alien is an
accredited representative is not recognized de jure by the United
States, or that the government of which he is an accredited
representative is not a member of such international
organization; and the members of his immediate family;
(iv) officers, or employees of such international
organizations, and the members of their immediate families;
(v) attendants, servants, and personal employees of any such
representative, officer, or employee, and the members of the
immediate families of such attendants, servants, and personal
employees;
(H) an alien (i)(a) who is coming temporarily to the United
States to perform services as a registered nurse, who meets the
qualifications described in section 1182(m)(1) of this title, and
with respect to whom the Secretary of Labor determines and
certifies to the Attorney General that an unexpired attestation
is on file and in effect under section 1182(m)(2) of this title
for each facility (which facility shall include the petitioner
and each worksite, other than a private household worksite, if
the worksite is not the alien's employer or controlled by the
employer) for which the alien will perform the services, or (b)
subject to section 1182(j)(2) of this title, who is coming
temporarily to the United States to perform services (other than
services described in subclause (a) during the period in which
such subclause applies and other than services described in
subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty
occupation described in section 1184(i)(1) of this title or as a
fashion model, who meets the requirements for the occupation
specified in section 1184(i)(2) of this title or, in the case of
a fashion model, is of distinguished merit and ability, and with
respect to whom the Secretary of Labor determines and certifies
to the Attorney General that the intending employer has filed
with the Secretary an application under section 1182(n)(1) of
this title; or (ii)(a) having a residence in a foreign country
which he has no intention of abandoning who is coming temporarily
to the United States to perform agricultural labor or services,
as defined by the Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29, of a
temporary or seasonal nature, or (b) having a residence in a
foreign country which he has no intention of abandoning who is
coming temporarily to the United States to perform other
temporary service or labor if unemployed persons capable of
performing such service or labor cannot be found in this country,
but this clause shall not apply to graduates of medical schools
coming to the United States to perform services as members of the
medical profession; or (iii) having a residence in a foreign
country which he has no intention of abandoning who is coming
temporarily to the United States as a trainee, other than to
receive graduate medical education or training, in a training
program that is not designed primarily to provide productive
employment; and the alien spouse and minor children of any such
alien specified in this paragraph if accompanying him or
following to join him;
(I) upon a basis of reciprocity, an alien who is a bona fide
representative of foreign press, radio, film, or other foreign
information media, who seeks to enter the United States solely to
engage in such vocation, and the spouse and children of such a
representative, if accompanying or following to join him;
(J) an alien having a residence in a foreign country which he
has no intention of abandoning who is a bona fide student,
scholar, trainee, teacher, professor, research assistant,
specialist, or leader in a field of specialized knowledge or
skill, or other person of similar description, who is coming
temporarily to the United States as a participant in a program
designated by the Director of the United States Information
Agency, for the purpose of teaching, instructing or lecturing,
studying, observing, conducting research, consulting,
demonstrating special skills, or receiving training and who, if
he is coming to the United States to participate in a program
under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title, and the alien spouse and minor children of any such alien
if accompanying him or following to join him;
(K) an alien who is the fiancee or fiance of a citizen of the
United States and who seeks to enter the United States solely to
conclude a valid marriage with the petitioner within ninety days
after admission, and the minor children of such fiancee or fiance
accompanying him or following to join him;
(L) an alien who, within 3 years preceding the time of his
application for admission into the United States, has been
employed continuously for one year by a firm or corporation or
other legal entity or an affiliate or subsidiary thereof and who
seeks to enter the United States temporarily in order to continue
to render his services to the same employer or a subsidiary or
affiliate thereof in a capacity that is managerial, executive, or
involves specialized knowledge, and the alien spouse and minor
children of any such alien if accompanying him or following to
join him;
(M)(i) an alien having a residence in a foreign country which
he has no intention of abandoning who seeks to enter the United
States temporarily and solely for the purpose of pursuing a full
course of study at an established vocational or other recognized
nonacademic institution (other than in a language training
program) in the United States particularly designated by him and
approved by the Attorney General, after consultation with the
Secretary of Education, which institution shall have agreed to
report to the Attorney General the termination of attendance of
each nonimmigrant nonacademic student and if any such institution
fails to make reports promptly the approval shall be withdrawn,
and (ii) the alien spouse and minor children of any such alien if
accompanying him or following to join him;
(N)(i) the parent of an alien accorded the status of special
immigrant under paragraph (27)(I)(i), but only if and while the
alien is a child, or
(ii) a child of such parent or of an alien accorded the status
of a special immigrant under clause (ii), (iii), or (iv) of
paragraph (27)(I);
(O) an alien who -
(i) has extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated
by sustained national or international acclaim or, with regard
to motion picture and television productions a demonstrated
record of extraordinary achievement, and whose achievements
have been recognized in the field through extensive
documentation, and seeks to enter the United States to continue
work in the area of extraordinary ability; or
(ii)(I) seeks to enter the United States temporarily and
solely for the purpose of accompanying and assisting in the
artistic or athletic performance by an alien who is admitted
under clause (i) for a specific event or events,
(II) is an integral part of such actual performance,
(III)(a) has critical skills and experience with such alien
which are not of a general nature and which cannot be performed
by other individuals, or (b) in the case of a motion picture or
television production, has skills and experience with such
alien which are not of a general nature and which are critical
either based on a pre-existing longstanding working
relationship or, with respect to the specific production,
because significant production (including pre- and
post-production work) will take place both inside and outside
the United States and the continuing participation of the alien
is essential to the successful completion of the production,
and
(IV) has a foreign residence which the alien has no intention
of abandoning; or
(iii) is the alien spouse or child of an alien described in
clause (i) or (ii) and is accompanying, or following to join,
the alien;
(P) an alien having a foreign residence which the alien has no
intention of abandoning who -
(i)(a) is described in section 1184(c)(4)(A) of this title
(relating to athletes), or (b) is described in section
1184(c)(4)(B) of this title (relating to entertainment groups);
(ii)(I) performs as an artist or entertainer, individually or
as part of a group, or is an integral part of the performance
of such a group, and
(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an artist or entertainer
or with such a group under a reciprocal exchange program which
is between an organization or organizations in the United
States and an organization or organizations in one or more
foreign states and which provides for the temporary exchange of
artists and entertainers, or groups of artists and
entertainers;
(iii)(I) performs as an artist or entertainer, individually
or as part of a group, or is an integral part of the
performance of such a group, and
(II) seeks to enter the United States temporarily and solely
to perform, teach, or coach as such an artist or entertainer or
with such a group under a commercial or noncommercial program
that is culturally unique; or
(iv) is the spouse or child of an alien described in clause
(i), (ii), or (iii) and is accompanying, or following to join,
the alien;
(Q) an alien having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily (for a
period not to exceed 15 months) to the United States as a
participant in an international cultural exchange program
approved by the Attorney General for the purpose of providing
practical training, employment, and the sharing of the history,
culture, and traditions of the country of the alien's nationality
and who will be employed under the same wages and working
conditions as domestic workers;
(R) an alien, and the spouse and children of the alien if
accompanying or following to join the alien, who -
(i) for the 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States; and
(ii) seeks to enter the United States for a period not to
exceed 5 years to perform the work described in subclause (I),
(II), or (III) of paragraph (27)(C)(ii); or
(S) subject to section 1184(k) of this title, an alien -
(i) who the Attorney General determines -
(I) is in possession of critical reliable information
concerning a criminal organization or enterprise;
(II) is willing to supply or has supplied such information
to Federal or State law enforcement authorities or a Federal
or State court; and
(III) whose presence in the United States the Attorney
General determines is essential to the success of an
authorized criminal investigation or the successful
prosecution of an individual involved in the criminal
organization or enterprise; or
(ii) who the Secretary of State and the Attorney General
jointly determine -
(I) is in possession of critical reliable information
concerning a terrorist organization, enterprise, or
operation;
(II) is willing to supply or has supplied such information
to Federal law enforcement authorities or a Federal court;
(III) will be or has been placed in danger as a result of
providing such information; and
(IV) is eligible to receive a reward under section 2708(a)
of title 22,
and, if the Attorney General (or with respect to clause (ii), the
Secretary of State and the Attorney General jointly) considers it
to be appropriate, the spouse, married and unmarried sons and
daughters, and parents of an alien described in clause (i) or
(ii) if accompanying, or following to join, the alien.
(16) The term ''immigrant visa'' means an immigrant visa required
by this chapter and properly issued by a consular officer at his
office outside of the United States to an eligible immigrant under
the provisions of this chapter.
(17) The term ''immigration laws'' includes this chapter and all
laws, conventions, and treaties of the United States relating to
the immigration, exclusion, deportation, expulsion, or removal of
aliens.
(18) The term ''immigration officer'' means any employee or class
of employees of the Service or of the United States designated by
the Attorney General, individually or by regulation, to perform the
functions of an immigration officer specified by this chapter or
any section of this title.
(19) The term ''ineligible to citizenship,'' when used in
reference to any individual, means, notwithstanding the provisions
of any treaty relating to military service, an individual who is,
or was at any time permanently debarred from becoming a citizen of
the United States under section 3(a) of the Selective Training and
Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or
under section 4(a) of the Selective Service Act of 1948, as amended
(62 Stat. 605; 65 Stat. 76) (50 App. U.S.C. 454(a)), or under any
section of this chapter, or any other Act, or under any law
amendatory of, supplementary to, or in substitution for, any of
such sections or Acts.
(20) The term ''lawfully admitted for permanent residence'' means
the status of having been lawfully accorded the privilege of
residing permanently in the United States as an immigrant in
accordance with the immigration laws, such status not having
changed.
(21) The term ''national'' means a person owing permanent
allegiance to a state.
(22) The term ''national of the United States'' means (A) a
citizen of the United States, or (B) a person who, though not a
citizen of the United States, owes permanent allegiance to the
United States.
(23) The term ''naturalization'' means the conferring of
nationality of a state upon a person after birth, by any means
whatsoever.
(24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec.
12, 1991, 105 Stat. 1750.
(25) The term ''noncombatant service'' shall not include service
in which the individual is not subject to military discipline,
court martial, or does not wear the uniform of any branch of the
armed forces.
(26) The term ''nonimmigrant visa'' means a visa properly issued
to an alien as an eligible nonimmigrant by a competent officer as
provided in this chapter.
(27) The term ''special immigrant'' means -
(A) an immigrant, lawfully admitted for permanent residence,
who is returning from a temporary visit abroad;
(B) an immigrant who was a citizen of the United States and
may, under section 1435(a) or 1438 of this title, apply for
reacquisition of citizenship;
(C) an immigrant, and the immigrant's spouse and children if
accompanying or following to join the immigrant, who -
(i) for at least 2 years immediately preceding the time of
application for admission, has been a member of a religious
denomination having a bona fide nonprofit, religious
organization in the United States;
(ii) seeks to enter the United States -
(I) solely for the purpose of carrying on the vocation of a
minister of that religious denomination,
(II) before October 1, 2000, in order to work for the
organization at the request of the organization in a
professional capacity in a religious vocation or occupation,
or
(III) before October 1, 2000, in order to work for the
organization (or for a bona fide organization which is
affiliated with the religious denomination and is exempt from
taxation as an organization described in section 501(c)(3) of
title 26) at the request of the organization in a religious
vocation or occupation; and
(iii) has been carrying on such vocation, professional work,
or other work continuously for at least the 2-year period
described in clause (i);
(D) an immigrant who is an employee, or an honorably retired
former employee, of the United States Government abroad, or of
the American Institute in Taiwan, and who has performed faithful
service for a total of fifteen years, or more, and his
accompanying spouse and children: Provided, That the principal
officer of a Foreign Service establishment (or, in the case of
the American Institute in Taiwan, the Director thereof), in his
discretion, shall have recommended the granting of special
immigrant status to such alien in exceptional circumstances and
the Secretary of State approves such recommendation and finds
that it is in the national interest to grant such status;
(E) an immigrant, and his accompanying spouse and children, who
is or has been an employee of the Panama Canal Company or Canal
Zone Government before the date on which the Panama Canal Treaty
of 1977 (as described in section 3602(a)(1) of title 22) enters
into force (October 1, 1979), who was resident in the Canal Zone
on the effective date of the exchange of instruments of
ratification of such Treaty (April 1, 1979), and who has
performed faithful service as such an employee for one year or
more;
(F) an immigrant, and his accompanying spouse and children, who
is a Panamanian national and (i) who, before the date on which
such Panama Canal Treaty of 1977 enters into force (October 1,
1979), has been honorably retired from United States Government
employment in the Canal Zone with a total of 15 years or more of
faithful service, or (ii) who, on the date on which such Treaty
enters into force, has been employed by the United States
Government in the Canal Zone with a total of 15 years or more of
faithful service and who subsequently is honorably retired from
such employment or continues to be employed by the United States
Government in an area of the former Canal Zone;
(G) an immigrant, and his accompanying spouse and children, who
was an employee of the Panama Canal Company or Canal Zone
Government on the effective date of the exchange of instruments
of ratification of such Panama Canal Treaty of 1977 (April 1,
1979), who has performed faithful service for five years or more
as such an employee, and whose personal safety, or the personal
safety of whose spouse or children, as a direct result of such
Treaty, is reasonably placed in danger because of the special
nature of any of that employment;
(H) an immigrant, and his accompanying spouse and children, who
-
(i) has graduated from a medical school or has qualified to
practice medicine in a foreign state,
(ii) was fully and permanently licensed to practice medicine
in a State on January 9, 1978, and was practicing medicine in a
State on that date,
(iii) entered the United States as a nonimmigrant under
subsection (a)(15)(H) or (a)(15)(J) of this section before
January 10, 1978, and
(iv) has been continuously present in the United States in
the practice or study of medicine since the date of such entry;
(I)(i) an immigrant who is the unmarried son or daughter of an
officer or employee, or of a former officer or employee, of an
international organization described in paragraph (15)(G)(i), and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application
for a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least
seven years between the ages of five and 21 years, and (II)
applies for a visa or adjustment of status under this
subparagraph no later than his twenty-fifth birthday or six
months after October 24, 1988, whichever is later;
(ii) an immigrant who is the surviving spouse of a deceased
officer or employee of such an international organization, and
who (I) while maintaining the status of a nonimmigrant under
paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
physically present in the United States for periods totaling at
least one-half of the seven years before the date of application
for a visa or for adjustment of status to a status under this
subparagraph and for a period or periods aggregating at least 15
years before the date of the death of such officer or employee,
and (II) files a petition for status under this subparagraph no
later than six months after the date of such death or six months
after October 24, 1988, whichever is later;
(iii) an immigrant who is a retired officer or employee of such
an international organization, and who (I) while maintaining the
status of a nonimmigrant under paragraph (15)(G)(iv), has resided
and been physically present in the United States for periods
totaling at least one-half of the seven years before the date of
application for a visa or for adjustment of status to a status
under this subparagraph and for a period or periods aggregating
at least 15 years before the date of the officer or employee's
retirement from any such international organization, and (II)
files a petition for status under this subparagraph no later than
six months after the date of such retirement or six months after
October 25, 1994, whichever is later; or
(iv) an immigrant who is the spouse of a retired officer or
employee accorded the status of special immigrant under clause
(iii), accompanying or following to join such retired officer or
employee as a member of his immediate family;
(J) an immigrant who is present in the United States -
(i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care due to abuse, neglect, or
abandonment;
(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
(iii) in whose case the Attorney General expressly consents
to the dependency order serving as a precondition to the grant
of special immigrant juvenile status; except that -
(I) no juvenile court has jurisdiction to determine the
custody status or placement of an alien in the actual or
constructive custody of the Attorney General unless the
Attorney General specifically consents to such jurisdiction;
and
(II) no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
chapter; or
(K) an immigrant who has served honorably on active duty in the
Armed Forces of the United States after October 15, 1978, and
after original lawful enlistment outside the United States (under
a treaty or agreement in effect on October 1, 1991) for a period
or periods aggregating -
(i) 12 years and who, if separated from such service, was
never separated except under honorable conditions, or
(ii) 6 years, in the case of an immigrant who is on active
duty at the time of seeking special immigrant status under this
subparagraph and who has reenlisted to incur a total active
duty service obligation of at least 12 years,
and the spouse or child of any such immigrant if accompanying or
following to join the immigrant, but only if the executive
department under which the immigrant serves or served recommends
the granting of special immigrant status to the immigrant.
(28) The term ''organization'' means, but is not limited to, an
organization, corporation, company, partnership, association,
trust, foundation or fund; and includes a group of persons, whether
or not incorporated, permanently or temporarily associated together
with joint action on any subject or subjects.
(29) The term ''outlying possessions of the United States'' means
American Samoa and Swains Island.
(30) The term ''passport'' means any travel document issued by
competent authority showing the bearer's origin, identity, and
nationality if any, which is valid for the admission of the bearer
into a foreign country.
(31) The term ''permanent'' means a relationship of continuing or
lasting nature, as distinguished from temporary, but a relationship
may be permanent even though it is one that may be dissolved
eventually at the instance either of the United States or of the
individual, in accordance with law.
(32) The term ''profession'' shall include but not be limited to
architects, engineers, lawyers, physicians, surgeons, and teachers
in elementary or secondary schools, colleges, academies, or
seminaries.
(33) The term ''residence'' means the place of general abode; the
place of general abode of a person means his principal, actual
dwelling place in fact, without regard to intent.
(34) The term ''Service'' means the Immigration and
Naturalization Service of the Department of Justice.
(35) The term ''spouse'', ''wife'', or ''husband'' do not include
a spouse, wife, or husband by reason of any marriage ceremony where
the contracting parties thereto are not physically present in the
presence of each other, unless the marriage shall have been
consummated.
(36) The term ''State'' includes the District of Columbia, Puerto
Rico, Guam, and the Virgin Islands of the United States.
(37) The term ''totalitarian party'' means an organization which
advocates the establishment in the United States of a totalitarian
dictatorship or totalitarianism. The terms ''totalitarian
dictatorship'' and ''totalitarianism'' mean and refer to systems of
government not representative in fact, characterized by (A) the
existence of a single political party, organized on a dictatorial
basis, with so close an identity between such party and its
policies and the governmental policies of the country in which it
exists, that the party and the government constitute an
indistinguishable unit, and (B) the forcible suppression of
opposition to such party.
(38) The term ''United States'', except as otherwise specifically
herein provided, when used in a geographical sense, means the
continental United States, Alaska, Hawaii, Puerto Rico, Guam, and
the Virgin Islands of the United States.
(39) The term ''unmarried'', when used in reference to any
individual as of any time, means an individual who at such time is
not married, whether or not previously married.
(40) The term ''world communism'' means a revolutionary movement,
the purpose of which is to establish eventually a Communist
totalitarian dictatorship in any or all the countries of the world
through the medium of an internationally coordinated Communist
political movement.
(41) The term ''graduates of a medical school'' means aliens who
have graduated from a medical school or who have qualified to
practice medicine in a foreign state, other than such aliens who
are of national or international renown in the field of medicine.
(42) The term ''refugee'' means (A) any person who is outside any
country of such person's nationality or, in the case of a person
having no nationality, is outside any country in which such person
last habitually resided, and who is unable or unwilling to return
to, and is unable or unwilling to avail himself or herself of the
protection of, that country because of persecution or a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, or (B) in such special circumstances as the President
after appropriate consultation (as defined in section 1157(e) of
this title) may specify, any person who is within the country of
such person's nationality or, in the case of a person having no
nationality, within the country in which such person is habitually
residing, and who is persecuted or who has a well-founded fear of
persecution on account of race, religion, nationality, membership
in a particular social group, or political opinion. The term
''refugee'' does not include any person who ordered, incited,
assisted, or otherwise participated in the persecution of any
person on account of race, religion, nationality, membership in a
particular social group, or political opinion. For purposes of
determinations under this chapter, a person who has been forced to
abort a pregnancy or to undergo involuntary sterilization, or who
has been persecuted for failure or refusal to undergo such a
procedure or for other resistance to a coercive population control
program, shall be deemed to have been persecuted on account of
political opinion, and a person who has a well founded fear that he
or she will be forced to undergo such a procedure or subject to
persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account of
political opinion.
(43) The term ''aggravated felony'' means -
(A) murder, rape, or sexual abuse of a minor;
(B) illicit trafficking in a controlled substance (as defined
in section 802 of title 21), including a drug trafficking crime
(as defined in section 924(c) of title 18);
(C) illicit trafficking in firearms or destructive devices (as
defined in section 921 of title 18) or in explosive materials (as
defined in section 841(c) of that title);
(D) an offense described in section 1956 of title 18 (relating
to laundering of monetary instruments) or section 1957 of that
title (relating to engaging in monetary transactions in property
derived from specific unlawful activity) if the amount of the
funds exceeded $10,000;
(E) an offense described in -
(i) section 842(h) or (i) of title 18, or section 844(d),
(e), (f), (g), (h), or (i) of that title (relating to explosive
materials offenses);
(ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o),
(p), or (r) or 924(b) or (h) of title 18 (relating to firearms
offenses); or
(iii) section 5861 of title 26 (relating to firearms
offenses);
(F) a crime of violence (as defined in section 16 of title 18,
but not including a purely political offense) for which the term
of imprisonment at (FOOTNOTE 2) least one year;
(FOOTNOTE 2) So in original. Probably should be preceded by
''is''.
(G) a theft offense (including receipt of stolen property) or
burglary offense for which the term of imprisonment at (FOOTNOTE
2) least one year;
(H) an offense described in section 875, 876, 877, or 1202 of
title 18 (relating to the demand for or receipt of ransom);
(I) an offense described in section 2251, 2251A, or 2252 of
title 18 (relating to child pornography);
(J) an offense described in section 1962 of title 18 (relating
to racketeer influenced corrupt organizations), or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling offenses),
for which a sentence of one year imprisonment or more may be
imposed;
(K) an offense that -
(i) relates to the owning, controlling, managing, or
supervising of a prostitution business;
(ii) is described in section 2421, 2422, or 2423 of title 18
(relating to transportation for the purpose of prostitution) if
committed for commercial advantage; or
(iii) is described in section 1581, 1582, 1583, 1584, 1585,
or 1588 of title 18 (relating to peonage, slavery, and
involuntary servitude);
(L) an offense described in -
(i) section 793 (relating to gathering or transmitting
national defense information), 798 (relating to disclosure of
classified information), 2153 (relating to sabotage) or 2381 or
2382 (relating to treason) of title 18;
(ii) section 421 of title 50 (relating to protecting the
identity of undercover intelligence agents); or
(iii) section 421 of title 50 (relating to protecting the
identity of undercover agents);
(M) an offense that -
(i) involves fraud or deceit in which the loss to the victim
or victims exceeds $10,000; or
(ii) is described in section 7201 of title 26 (relating to
tax evasion) in which the revenue loss to the Government
exceeds $10,000;
(N) an offense described in paragraph (1)(A) or (2) of section
1324(a) of this title (relating to alien smuggling), except in
the case of a first offense for which the alien has affirmatively
shown that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse, child, or
parent (and no other individual) to violate a provision of this
chapter (FOOTNOTE 3)
(FOOTNOTE 3) So in original. Probably should be followed by a
semicolon.
(O) an offense described in section 1325(a) or 1326 of this
title committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph;
(P) an offense (i) which either is falsely making, forging,
counterfeiting, mutilating, or altering a passport or instrument
in violation of section 1543 of title 18 or is described in
section 1546(a) of such title (relating to document fraud) and
(ii) for which the term of imprisonment is at least 12 months,
except in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's
spouse, child, or parent (and no other individual) to violate a
provision of this chapter;
(Q) an offense relating to a failure to appear by a defendant
for service of sentence if the underlying offense is punishable
by imprisonment for a term of 5 years or more;
(R) an offense relating to commercial bribery, counterfeiting,
forgery, or trafficking in vehicles the identification numbers of
which have been altered for which the term of imprisonment is at
least one year;
(S) an offense relating to obstruction of justice, perjury or
subornation of perjury, or bribery of a witness, for which the
term of imprisonment is at least one year;
(T) an offense relating to a failure to appear before a court
pursuant to a court order to answer to or dispose of a charge of
a felony for which a sentence of 2 years' imprisonment or more
may be imposed; and
(U) an attempt or conspiracy to commit an offense described in
this paragraph.
The term applies to an offense described in this paragraph whether
in violation of Federal or State law and applies to such an offense
in violation of the law of a foreign country for which the term of
imprisonment was completed within the previous 15 years.
Notwithstanding any other provision of law (including any effective
date), the term applies regardless of whether the conviction was
entered before, on, or after September 30, 1996.
(44)(A) The term ''managerial capacity'' means an assignment
within an organization in which the employee primarily -
(i) manages the organization, or a department, subdivision,
function, or component of the organization;
(ii) supervises and controls the work of other supervisory,
professional, or managerial employees, or manages an essential
function within the organization, or a department or subdivision
of the organization;
(iii) if another employee or other employees are directly
supervised, has the authority to hire and fire or recommend those
as well as other personnel actions (such as promotion and leave
authorization) or, if no other employee is directly supervised,
functions at a senior level within the organizational hierarchy
or with respect to the function managed; and
(iv) exercises discretion over the day-to-day operations of the
activity or function for which the employee has authority.
A first-line supervisor is not considered to be acting in a
managerial capacity merely by virtue of the supervisor's
supervisory duties unless the employees supervised are
professional.
(B) The term ''executive capacity'' means an assignment within an
organization in which the employee primarily -
(i) directs the management of the organization or a major
component or function of the organization;
(ii) establishes the goals and policies of the organization,
component, or function;
(iii) exercises wide latitude in discretionary decision-making;
and
(iv) receives only general supervision or direction from higher
level executives, the board of directors, or stockholders of the
organization.
(C) If staffing levels are used as a factor in determining
whether an individual is acting in a managerial or executive
capacity, the Attorney General shall take into account the
reasonable needs of the organization, component, or function in
light of the overall purpose and stage of development of the
organization, component, or function. An individual shall not be
considered to be acting in a managerial or executive capacity (as
previously defined) merely on the basis of the number of employees
that the individual supervises or has supervised or directs or has
directed.
(45) The term ''substantial'' means, for purposes of paragraph
(15)(E) with reference to trade or capital, such an amount of trade
or capital as is established by the Secretary of State, after
consultation with appropriate agencies of Government.
(46) The term ''extraordinary ability'' means, for purposes of
subsection (a)(15)(O)(i) of this section, in the case of the arts,
distinction.
(47)(A) The term ''order of deportation'' means the order of the
special inquiry officer, or other such administrative officer to
whom the Attorney General has delegated the responsibility for
determining whether an alien is deportable, concluding that the
alien is deportable or ordering deportation.
(B) The order described under subparagraph (A) shall become final
upon the earlier of -
(i) a determination by the Board of Immigration Appeals
affirming such order; or
(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.
(48)(A) The term ''conviction'' means, with respect to an alien,
a formal judgment of guilt of the alien entered by a court or, if
adjudication of guilt has been withheld, where -
(i) a judge or jury has found the alien guilty or the alien has
entered a plea of guilty or nolo contendere or has admitted
sufficient facts to warrant a finding of guilt, and
(ii) the judge has ordered some form of punishment, penalty, or
restraint on the alien's liberty to be imposed.
(B) Any reference to a term of imprisonment or a sentence with
respect to an offense is deemed to include the period of
incarceration or confinement ordered by a court of law regardless
of any suspension of the imposition or execution of that
imprisonment or sentence in whole or in part.
(49) The term ''stowaway'' means any alien who obtains
transportation without the consent of the owner, charterer, master
or person in command of any vessel or aircraft through concealment
aboard such vessel or aircraft. A passenger who boards with a
valid ticket is not to be considered a stowaway.
(b) As used in subchapters I and II of this chapter -
(1) The term ''child'' means an unmarried person under twenty-one
years of age who is -
(A) a child born in wedlock;
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time
the marriage creating the status of stepchild occurred;
(C) a child legitimated under the law of the child's residence
or domicile, or under the law of the father's residence or
domicile, whether in or outside the United States, if such
legitimation takes place before the child reaches the age of
eighteen years and the child is in the legal custody of the
legitimating parent or parents at the time of such legitimation;
(D) a child born out of wedlock, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother or to its natural
father if the father has or had a bona fide parent-child
relationship with the person;
(E) a child adopted while under the age of sixteen years if the
child has been in the legal custody of, and has resided with, the
adopting parent or parents for at least two years: Provided, That
no natural parent of any such adopted child shall thereafter, by
virtue of such parentage, be accorded any right, privilege, or
status under this chapter; or
(F) a child, under the age of sixteen at the time a petition is
filed in his behalf to accord a classification as an immediate
relative under section 1151(b) of this title, who is an orphan
because of the death or disappearance of, abandonment or
desertion by, or separation or loss from, both parents, or for
whom the sole or surviving parent is incapable of providing the
proper care and has in writing irrevocably released the child for
emigration and adoption; who has been adopted abroad by a United
States citizen and spouse jointly, or by an unmarried United
States citizen at least twenty-five years of age, who personally
saw and observed the child prior to or during the adoption
proceedings; or who is coming to the United States for adoption
by a United States citizen and spouse jointly, or by an unmarried
United States citizen at least twenty-five years of age, who have
or has complied with the preadoption requirements, if any, of the
child's proposed residence; Provided, That the Attorney General
is satisfied that proper care will be furnished the child if
admitted to the United States: Provided further, That no natural
parent or prior adoptive parent of any such child shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this chapter.
(2) The terms ''parent'', ''father'', or ''mother'' mean a
parent, father, or mother only where the relationship exists by
reason of any of the circumstances set forth in subdivision (1) of
this subsection, except that, for purposes of paragraph (1)(F)
(other than the second proviso therein) in the case of a child born
out of wedlock described in paragraph (1)(D) (and not described in
paragraph (1)(C)), the term ''parent'' does not include the natural
father of the child if the father has disappeared or abandoned or
deserted the child or if the father has in writing irrevocably
released the child for emigration and adoption.
(3) The term ''person'' means an individual or an organization.
(4) The term ''immigration judge'' means an attorney whom the
Attorney General appoints as an administrative judge within the
Executive Office for Immigration Review, qualified to conduct
specified classes of proceedings, including a hearing under section
1229a of this title. An immigration judge shall be subject to such
supervision and shall perform such duties as the Attorney General
shall prescribe, but shall not be employed by the Immigration and
Naturalization Service.
(5) The term ''adjacent islands'' includes Saint Pierre,
Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the
Bahamas, Barbados, Jamaica, the Windward and Leeward Islands,
Trinidad, Martinique, and other British, French, and Netherlands
territory or possessions in or bordering on the Caribbean Sea.
(c) As used in subchapter III of this chapter -
(1) The term ''child'' means an unmarried person under twenty-one
years of age and includes a child legitimated under the law of the
child's residence or domicile, or under the law of the father's
residence or domicile, whether in the United States or elsewhere,
and, except as otherwise provided in sections 1431 and 1432 of this
title, a child adopted in the United States, if such legitimation
or adoption takes place before the child reaches the age of sixteen
years, and the child is in the legal custody of the legitimating or
adopting parent or parents at the time of such legitimation or
adoption.
(2) The terms ''parent'', ''father'', and ''mother'' include in
the case of a posthumous child a deceased parent, father, and
mother.
(d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102
Stat. 2619.
(e) For the purposes of this chapter -
(1) The giving, loaning, or promising of support or of money or
any other thing of value to be used for advocating any doctrine
shall constitute the advocating of such doctrine; but nothing in
this paragraph shall be construed as an exclusive definition of
advocating.
(2) The giving, loaning, or promising of support or of money or
any other thing of value for any purpose to any organization shall
be presumed to constitute affiliation therewith; but nothing in
this paragraph shall be construed as an exclusive definition of
affiliation.
(3) Advocating the economic, international, and governmental
doctrines of world communism means advocating the establishment of
a totalitarian Communist dictatorship in any or all of the
countries of the world through the medium of an internationally
coordinated Communist movement.
(f) For the purposes of this chapter -
No person shall be regarded as, or found to be, a person of good
moral character who, during the period for which good moral
character is required to be established is, or was -
(1) a habitual drunkard;
(2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95
Stat. 1611.
(3) a member of one or more of the classes of persons, whether
inadmissible or not, described in paragraphs (2)(D), (6)(E), and
(9)(A) of section 1182(a) of this title; or subparagraphs (A) and
(B) of section 1182(a)(2) of this title and subparagraph (C)
thereof of such section (FOOTNOTE 4) (except as such paragraph
relates to a single offense of simple possession of 30 grams or
less of marihuana), if the offense described therein, for which
such person was convicted or of which he admits the commission,
was committed during such period;
(FOOTNOTE 4) So in original. The phrase ''of such section''
probably should not appear.
(4) one whose income is derived principally from illegal
gambling activities;
(5) one who has been convicted of two or more gambling offenses
committed during such period;
(6) one who has given false testimony for the purpose of
obtaining any benefits under this chapter;
(7) one who during such period has been confined, as a result
of conviction, to a penal institution for an aggregate period of
one hundred and eighty days or more, regardless of whether the
offense, or offenses, for which he has been confined were
committed within or without such period;
(8) one who at any time has been convicted of an aggravated
felony (as defined in subsection (a)(43) of this section).
The fact that any person is not within any of the foregoing
classes shall not preclude a finding that for other reasons such
person is or was not of good moral character.
(g) For the purposes of this chapter any alien ordered deported
or removed (whether before or after the enactment of this chapter)
who has left the United States, shall be considered to have been
deported or removed in pursuance of law, irrespective of the source
from which the expenses of his transportation were defrayed or of
the place to which he departed.
(h) For purposes of section 1182(a)(2)(E) of this title, the term
''serious criminal offense'' means -
(1) any felony;
(2) any crime of violence, as defined in section 16 of title
18; or
(3) any crime of reckless driving or of driving while
intoxicated or under the influence of alcohol or of prohibited
substances if such crime involves personal injury to another.Source
(June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Sept. 11,
1957, Pub. L. 85-316, Sec. 1, 2, 71 Stat. 639; July 7, 1958, Pub.
L. 85-508, Sec. 22, 72 Stat. 351; Mar. 18, 1959, Pub. L. 86-3, Sec.
20(a), 73 Stat. 13; Sept. 21, 1961, Pub. L. 87-256, Sec. 109(a),
(b), 75 Stat. 534; Sept. 26, 1961, Pub. L. 87-301, Sec. 1, 2, 7, 75
Stat. 650, 653; Oct. 3, 1965, Pub. L. 89-236, Sec. 8, 24, 79 Stat.
916, 922; Nov. 2, 1966, Pub. L. 89-710, 80 Stat. 1104; Apr. 7,
1970, Pub. L. 91-225, Sec. 1, 84 Stat. 116; Dec. 16, 1975, Pub. L.
94-155, 89 Stat. 824; Oct. 12, 1976, Pub. L. 94-484, title VI, Sec.
601(b), (e), 90 Stat. 2301, 2302; Oct. 20, 1976, Pub. L. 94-571,
Sec. 7(a), 90 Stat. 2706; Oct. 12, 1976, Pub. L. 94-484, title VI,
Sec. 602(c), as added Aug. 1, 1977, Pub. L. 95-83, title III, Sec.
307(q)(3), 91 Stat. 395; Aug. 17, 1977, Pub. L. 95-105, title I,
Sec. 109(b)(3), 91 Stat. 847; Sept. 27, 1979, Pub. L. 96-70, title
III, Sec. 3201(a), 93 Stat. 496; Mar. 17, 1980, Pub. L. 96-212,
title II, Sec. 201(a), 94 Stat. 102; Dec. 29, 1981, Pub. L. 97-116,
Sec. 2, 5(d)(1), 18(a), 95 Stat. 1611, 1614, 1619; Oct. 30, 1984,
Priv. L. 98-47, Sec. 3, 98 Stat. 3435; Oct. 21, 1986, Pub. L.
99-505, Sec. 1, 100 Stat. 1806; Oct. 22, 1986, Pub. L. 99-514, Sec.
2, 100 Stat. 2095; Nov. 6, 1986, Pub. L. 99-603, title III, Sec.
301(a), 312, 315(a), 100 Stat. 3411, 3434, 3439; Nov. 14, 1986,
Pub. L. 99-653, Sec. 2, 3, 100 Stat. 3655; Oct. 1, 1988, Pub. L.
100-459, title II, Sec. 210(a), 102 Stat. 2203; Oct. 24, 1988, Pub.
L. 100-525, Sec. 2(o)(1), 8(b), 9(a), 102 Stat. 2613, 2617, 2619;
Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7342, 102 Stat.
4469; Nov. 21, 1989, Pub. L. 101-162, title VI, Sec. 611(a), 103
Stat. 1038; Dec. 18, 1989, Pub. L. 101-238, Sec. 3(a), 103 Stat.
2100; Feb. 16, 1990, Pub. L. 101-246, title I, Sec. 131(b), 104
Stat. 31; Nov. 29, 1990, Pub. L. 101-649, title I, Sec. 123,
151(a), 153(a), 162(f)(2)(A), title II, Sec. 203(c), 204(a), (c),
205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a), title IV, Sec.
407(a)(2), title V, Sec. 501(a), 509(a), title VI, Sec. 603(a)(1),
104 Stat. 4995, 5004, 5005, 5012, 5018-5020, 5022, 5023, 5026,
5027, 5040, 5048, 5051, 5082; Oct. 1, 1991, Pub. L. 102-110, Sec.
2(a), 105 Stat. 555; Dec. 12, 1991, Pub. L. 102-232, title II, Sec.
203(a), 205(a)-(c), 206(b), (c)(1), (d), 207(b), title III, Sec.
302(e)(8)(A), 303(a)(5)(A), (7)(A), (14), 305(m)(1), 306(a)(1),
309(b)(1), (4), 105 Stat. 1737, 1740, 1741, 1746-1748, 1750, 1751,
1758; Apr. 30, 1994, Pub. L. 103-236, title I, Sec. 162(h)(1), 108
Stat. 407; Sept. 13, 1994, Pub. L. 103-322, title XIII, Sec.
130003(a), 108 Stat. 2024; Oct. 5, 1994, Pub. L. 103-337, div. C,
title XXXVI, Sec. 3605, 108 Stat. 3113; Oct. 25, 1994, Pub. L.
103-416, title II, Sec. 201, 202, 214, 219(a), 222(a), 108 Stat.
4310, 4311, 4314, 4316, 4320; Nov. 15, 1995, Pub. L. 104-51, Sec.
1, 109 Stat. 467; Apr. 24, 1996, Pub. L. 104-132, title IV, Sec.
440(b), (e), 110 Stat. 1277; Sept. 30, 1996, Pub. L. 104-208, div.
C, title I, Sec. 104(a), title III, Sec. 301(a), 308(d)(3)(A),
(4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b), 322(a)(1), (2)(A),
361(a), 371(a), title VI, Sec. 601(a)(1), 625(a)(2), 671(a)(3)(B),
(b)(5), (e)(2), 110 Stat. 3009-555, 3009-575, 3009-617, 3009-620,
3009-621, 3009-627 to 3009-629, 3009-644, 3009-645, 3009-689,
3009-700, 3009-721 to 3009-723; Oct. 6, 1997, Pub. L. 105-54, Sec.
1(a), 111 Stat. 1175; Nov. 26, 1997, Pub. L. 105-119, title I, Sec.
113, 111 Stat. 2460.)
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4),
and (e)-(g), was in the original, ''this Act'', meaning act June
27, 1952, ch. 477, 66 Stat. 163, as amended, known as the
Immigration and Nationality Act, which is classified principally to
this chapter. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
The Headquarters Agreement with the United Nations (61 Stat.
758), referred to in subsec. (a)(15)(C), is set out as a note under
section 287 of Title 22, Foreign Relations and Intercourse.
Section 1184(l) of this title, referred to in subsec. (a)(15)(F),
probably means the subsec. (l) of section 1184, which relates to
nonimmigrant elementary and secondary school students and was added
by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1), Sept. 30,
1996, 110 Stat. 3009-699.
The International Organizations Immunities Act (59 Stat. 669),
referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch.
652, title I, 59 Stat. 669, as amended, which is classified
principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of
Title 22. For complete classification of this Act to the Code, see
Short Title note set out under section 288 of Title 22 and Tables.
Section 3(a) of the Selective Training and Service Act of 1940,
as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec.
(a)(19), was classified to section 303 of Title 50, Appendix, War
and National Defense, and was omitted from the Code as obsolete.
The Selective Service Act of 1948, referred to in subsec.
(a)(19), was redesignated the Universal Military Training and
Service Act by act June 19, 1951, 65 Stat. 75, and then
redesignated the Military Selective Service Act of 1967 by act June
30, 1967, Pub. L. 90-40, 81 Stat. 100, and subsequently
redesignated the Military Selective Service Act by Pub. L. 92-129,
title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
CODIFICATION
September 30, 1996, referred to in the concluding provisions of
subsec. (a)(43), was in the original ''the date of enactment of
this paragraph'', which was translated as meaning the date of
enactment of section 321(b) of Pub. L. 104-208, which inserted that
language, to reflect the probable intent of Congress.
AMENDMENTS
1997 - Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54
substituted ''2000'' for ''1997''.
Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J)
generally. Prior to amendment, subpar. (J) read as follows: ''an
immigrant (i) who has been declared dependent on a juvenile court
located in the United States or whom such a court has legally
committed to, or placed under the custody of, an agency or
department of a State and who has been deemed eligible by that
court for long-term foster care, and (ii) for whom it has been
determined in administrative or judicial proceedings that it would
not be in the alien's best interest to be returned to the alien's
or parent's previous country of nationality or country of last
habitual residence; except that no natural parent or prior adoptive
parent of any alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage, be
accorded any right, privilege, or status under this chapter; or''.
1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at
end ''Such regulations shall provide that (A) each such document
include a biometric identifier (such as the fingerprint or
handprint of the alien) that is machine readable and (B) an alien
presenting a border crossing identification card is not permitted
to cross over the border into the United States unless the
biometric identifier contained on the card matches the appropriate
biometric characteristic of the alien.''
Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
generally. Prior to amendment, par. (13) read as follows: ''The
term 'entry' means any coming of an alien into the United States,
from a foreign port or place or from an outlying possession,
whether voluntarily or otherwise, except that an alien having a
lawful permanent residence in the United States shall not be
regarded as making an entry into the United States for the purposes
of the immigration laws if the alien proves to the satisfaction of
the Attorney General that his departure to a foreign port or place
or to an outlying possession was not intended or reasonably to be
expected by him or his presence in a foreign port or place or in an
outlying possession was not voluntary: Provided, That no person
whose departure from the United States was occasioned by
deportation proceedings, extradition, or other legal process shall
be held to be entitled to such exception.''
Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
''consistent with section 1184(l) of this title'' after ''such a
course of study''.
Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A),
substituted ''admission'' for ''entry''.
Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B),
substituted ''section 1184(k)'' for ''section 1184(j)'' in
introductory provisions.
Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
''expulsion, or removal'' for ''or expulsion''.
Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
''admission'' for ''entry''.
Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
''For purposes of determinations under this chapter, a person who
has been forced to abort a pregnancy or to undergo involuntary
sterilization, or who has been persecuted for failure or refusal to
undergo such a procedure or for other resistance to a coercive
population control program, shall be deemed to have been persecuted
on account of political opinion, and a person who has a well
founded fear that he or she will be forced to undergo such a
procedure or subject to persecution for such failure, refusal, or
resistance shall be deemed to have a well founded fear of
persecution on account of political opinion.''
Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
concluding provisions ''Notwithstanding any other provision of law
(including any effective date), the term applies regardless of
whether the conviction was entered before, on, or after September
30, 1996.''
Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted '',
rape, or sexual abuse of a minor'' after ''murder''.
Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
''$10,000'' for ''$100,000''.
Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck
out ''imposed (regardless of any suspension of imprisonment)''
after ''term of imprisonment''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (G) by striking out ''imposed
(regardless of any suspension of imprisonment)'', was executed by
striking out ''imposed (regardless of any suspension of such
imprisonment)'' after ''term of imprisonment'' to reflect the
probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
''sentence of one year imprisonment'' for ''sentence of 5 years'
imprisonment''.
Pub. L. 104-132, Sec. 440(e)(1), inserted '', or an offense
described in section 1084 (if it is a second or subsequent offense)
or 1955 of that title (relating to gambling offenses),'' after
''corrupt organizations)''.
Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
out ''or'' at end.
Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck
out comma after ''1588''.
Pub. L. 104-208, Sec. 321(a)(5), inserted ''if committed'' before
''for commercial advantage''.
Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl.
(ii) redesignated (iii).
Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
redesignated cl. (ii) as (iii).
Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added
cl. (iii).
Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
''$10,000'' for ''$200,000'' in cls. (i) and (ii).
Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (N) by striking ''imposed (regardless
of any suspension of imprisonment)'', could not be executed because
that phrase did not appear subsequent to amendment by Pub. L.
104-208, Sec. 321(a)(8). See below.
Pub. L. 104-208, Sec. 321(a)(8), substituted '', except in the
case of a first offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of assisting,
abetting, or aiding only the alien's spouse, child, or parent (and
no other individual) to violate a provision of this chapter'' for
''for which the term of imprisonment imposed (regardless of any
suspension of imprisonment) at least one year;''.
Pub. L. 104-208, Sec. 321(a)(3), substituted ''at least one
year'' for ''is at least 5 years''.
Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
Prior to amendment, subpar. (N) read as follows: ''an offense
described in section 274(a)(1) of title 18, United States Code
(relating to alien smuggling) for the purpose of commercial
advantage;''.
Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added
subpar. (O).
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
Prior to amendment subpar. (O) read as follows: ''an offense
described in section 1546(a) of title 18 (relating to document
fraud) which constitutes trafficking in the documents described in
such section for which the term of imprisonment imposed (regardless
of any suspicion of such imprisonment) is at least 5 years;''.
Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
directed amendment of subpar. (P) by striking out ''imposed
(regardless of any suspension of imprisonment)'', was executed by
striking out ''imposed (regardless of any suspension of such
imprisonment)'' after ''term of imprisonment'' to reflect the
probable intent of Congress.
Pub. L. 104-208, Sec. 321(a)(9), substituted ''12 months, except
in the case of a first offense for which the alien has
affirmatively shown that the alien committed the offense for the
purpose of assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a provision
of this chapter'' for ''18 months''.
Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of
subpar. (P) by substituting ''at least one year'' for ''is at least
5 years'', could not be executed because ''is at least 5 years''
did not appear subsequent to amendments by Pub. L. 104-132, Sec.
440(e)(4), (6). See above.
Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
Former subpar. (P) redesignated (Q).
Pub. L. 104-132, Sec. 440(e)(5), substituted ''5 years or more;''
for ''15 years or more; and''.
Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
''for which the term of imprisonment is at least one year'' for
''for which a sentence of 5 years' imprisonment or more may be
imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
''for which the term of imprisonment is at least one year'' for
''for which a sentence of 5 years' imprisonment or more may be
imposed''.
Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added
subpar. (T).
Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
subpar. (Q) as (U).
Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par.
(48).
Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ''The
term 'special inquiry officer' means any immigration officer who
the Attorney General deems specially qualified to conduct specified
classes of proceedings, in whole or in part, required by this
chapter to be conducted by or before a special inquiry officer and
who is designated and selected by the Attorney General,
individually or by regulation, to conduct such proceedings. Such
special inquiry officer shall be subject to such supervision and
shall perform such duties, not inconsistent with this chapter, as
the Attorney General shall prescribe.''
Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted
''and 1432'' for '', 1432, and 1433''.
Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
''inadmissible'' for ''excludable''.
Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted
''deported or removed'' for ''deported'' in two places.
1995 - Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A),
substituted ''child born in wedlock'' for ''legitimate child''.
Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted ''a
child born out of wedlock'' for ''an illegitimate child''.
Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted ''a child
born out of wedlock'' for ''an illegitimate child''.
1994 - Subsec. (a)(1). Pub. L. 103-236 substituted ''official
designated by the Secretary of State pursuant to section 1104(b) of
this title'' for ''Assistant Secretary of State for Consular
Affairs''.
Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
substituted ''1997,'' for ''1994,''.
Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted ''or of
the American Institute in Taiwan,'' after ''Government abroad,''
and ''(or, in the case of the American Institute in Taiwan, the
Director thereof)'' after ''Service establishment''.
Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted ''or continues
to be employed by the United States Government in an area of the
former Canal Zone'' after ''employment''.
Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added
subcl. (II) and struck out former subcl. (II) which read as
follows: ''files a petition for status under this subparagraph
before January 1, 1993, and no later than six months after the date
of such retirement or six months after October 24, 1988, whichever
is later; or''.
Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
''or whom such a court has legally committed to, or placed under
the custody of, an agency or department of a State and who has''
for ''and has'' before ''been deemed''.
Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
generally. Prior to amendment, par. (43) read as follows: ''The
term 'aggravated felony' means murder, any illicit trafficking in
any controlled substance (as defined in section 802 of title 21),
including any drug trafficking crime as defined in section
924(c)(2) of title 18, or any illicit trafficking in any firearms
or destructive devices as defined in section 921 of such title, any
offense described in section 1956 of title 18 (relating to
laundering of monetary instruments), or any crime of violence (as
defined in section 16 of title 18, not including a purely political
offense) for which the term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at least 5 years, or any
attempt or conspiracy to commit any such act. Such term applies to
offenses described in the previous sentence whether in violation of
Federal or State law and also applies to offenses described in the
previous sentence in violation of foreign law for which the term of
imprisonment was completed within the previous 15 years.''
1991 - Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
inserted a comma after ''States)''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A),
struck out '', and had approved by,'' after ''has filed with''.
Pub. L. 102-232, Sec. 303(a)(5)(A), inserted ''subject to section
1182(j)(2) of this title,'' after ''or (b)''.
Pub. L. 102-232, Sec. 207(b), inserted ''or as a fashion model''
after ''section 1184(i)(1) of this title'' and ''or, in the case of
a fashion model, is of distinguished merit and ability'' after
''section 1184(i)(2) of this title''.
Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
before semicolon at end '', but only if the Attorney General
determines that the alien's entry into the United States will
substantially benefit prospectively the United States''.
Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
substituted ''significant production (including pre- and
post-production work)'' for ''significant principal photography''.
Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl.
(i) generally. Prior to amendment, cl. (i) read as follows:
''(I) performs as an athlete, individually or as part of a group
or team, at an internationally recognized level of performance, or
performs as part of an entertainment group that has been recognized
internationally as being outstanding in the discipline for a
sustained and substantial period of time and has had a sustained
and substantial relationship with that group over a period of at
least 1 year and provides functions integral to the performance of
the group, and
''(II) seeks to enter the United States temporarily and solely
for the purpose of performing as such an athlete or entertainer
with respect to a specific athletic competition or performance;''.
Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
inserted ''or organizations'' after ''and an organization'' and
struck out before semicolon at end '', between the United States
and the foreign states involved''.
Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
substituted ''to perform, teach, or coach'' for ''for the purpose
of performing'' and inserted ''commercial or noncommercial'' before
''program''.
Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
''approved'' for ''designated''.
Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
(24) which defined ''naturalization court''.
Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, Sec.
302(e)(8)(A), substituted ''files a petition for status'' for
''applies for a visa or adjustment of status''.
Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out
comma before period at end of first sentence.
Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
reference to section 1434.
1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
substituted ''a capacity'' for ''any capacity'' and inserted '', as
defined in section 1288(a) of this title'' after ''on board a
vessel''.
Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted '',
including trade in services or trade in technology'' after
''substantial trade''.
Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
''having a residence in a foreign country which he has no intention
of abandoning'' after ''an alien''.
Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
substituted ''for each facility (which facility shall include the
petitioner and each worksite, other than a private household
worksite, if the worksite is not the alien's employer or controlled
by the employer) for which the alien will perform the services,
or'' for ''for the facility for which the alien will perform the
services, or''.
Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
substituted ''who is coming temporarily to the United States to
perform services (other than services described in subclause (a)
during the period in which such subclause applies and other than
services described in subclause (ii)(a) or in subparagraph (O) or
(P)) in a specialty occupation described in section 1184(i)(1) of
this title, who meets the requirements for the occupation specified
in section 1184(i)(2) of this title, and with respect to whom the
Secretary of Labor determines and certifies to the Attorney General
that the intending employer has filed with, and had approved by,
the Secretary an application under section 1182(n)(1) of this
title'' for ''who is of distinguished merit and ability and who is
coming temporarily to the United States to perform services (other
than services as a registered nurse) of an exceptional nature
requiring such merit and ability, and who, in the case of a
graduate of a medical school coming to the United States to perform
services as a member of the medical profession, is coming pursuant
to an invitation from a public or nonprofit private educational or
research institution or agency in the United States to teach or
conduct research, or both, at or for such institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
substituted ''(a) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the
United States'' for ''who is coming temporarily to the United
States (a)'', and in subcl. (b) inserted ''having a residence in a
foreign country which he has no intention of abandoning who is
coming temporarily to the United States'' after ''(b)''.
Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4),
inserted ''having a residence in a foreign country which he has no
intention of abandoning'' after ''(iii)''.
Pub. L. 101-649, Sec. 205(d), inserted '', in a training program
that is not designed primarily to provide productive employment''
before semicolon at end.
Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
''within 3 years preceding'' for ''immediately preceding''.
Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
subpars. (O) and (P).
Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar.
(R).
Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
(C) generally. Prior to amendment, subpar. (C) read as follows:
''(i) an immigrant who continuously for at least two years
immediately preceding the time of his application for admission to
the United States has been, and who seeks to enter the United
States solely for the purpose of carrying on the vocation of
minister of a religious denomination, and whose services are needed
by such religious denomination having a bona fide organization in
the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him;''.
Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar.
(J).
Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
''(except as used in section 1421(a) of this title)'' after
''includes''.
Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted ''and
also applies to offenses described in the previous sentence in
violation of foreign law for which the term of imprisonment was
completed within the previous 15 years'' after ''Federal or State
law''.
Pub. L. 101-649, Sec. 501(a)(5), inserted at end ''Such term
applies to offenses described in the previous sentence whether in
violation of Federal or State law.''
Pub. L. 101-649, Sec. 501(a)(4), struck out ''committed within
the United States'' after ''to commit any such act,''.
Pub. L. 101-649, Sec. 501(a)(3), inserted ''any offense described
in section 1956 of title 18 (relating to laundering of monetary
instruments), or any crime of violence (as defined in section 16 of
title 18, not including a purely political offense) for which the
term of imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years,'' after ''section 921 of such
title,''.
Pub. L. 101-649, Sec. 501(a)(2), inserted ''any illicit
trafficking in any controlled substance (as defined in section 802
of title 21), including'' after ''murder,''.
Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
''paragraphs (2)(D), (6)(E), and (9)(A)'' for ''paragraphs (11),
(12), and (31)''.
Pub. L. 101-649, Sec. 603(a)(1)(B), substituted ''subparagraphs
(A) and (B) of section 1182(a)(2) of this title and subparagraph
(C) thereof'' for ''paragraphs (9) and (10) of section 1182(a) of
this title and paragraph (23)''.
Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted ''an
aggravated felony (as defined in subsection (a)(43) of this
section)'' for ''the crime of murder''.
Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
''1182(a)(2)(E) of this title'' for ''1182(a)(34) of this title''.
Pub. L. 101-246 added subsec. (h).
1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
designated existing provisions as subcl. (b), and inserted ''(other
than services as a registered nurse)'' after ''to perform
services''.
Subsec. (b)(2). Pub. L. 101-162 inserted before period at end '',
except that, for purposes of paragraph (1)(F) (other than the
second proviso therein) in the case of an illegitimate child
described in paragraph (1)(D) (and not described in paragraph
(1)(C)), the term 'parent' does not include the natural father of
the child if the father has disappeared or abandoned or deserted
the child or if the father has in writing irrevocably released the
child for emigration and adoption''.
1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1),
substituted ''Director of the United States Information Agency''
for ''Secretary of State''.
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
Sec. 2(o)(1), substituted ''October 24, 1988'' for ''November 6,
1986'' and ''applies for a visa or adjustment of status'' for
''applies for admission''.
Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out ''For
the purpose of issuing certificates of citizenship to persons who
are citizens of the United States, the term 'United States' as used
in section 1452 of this title includes the Canal Zone.''
Subsec. (a)(43). Pub. L. 100-690 added par. (43).
Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before
period at end '', except that, for purposes of paragraph (1)(F) in
the case of an illegitimate child described in paragraph (1)(D)
(and not described in paragraph (1)(C)), the term 'parent' does not
include the natural father of the child if the father has
disappeared or abandoned or deserted the child or if the father has
in writing irrevocably released the child for emigration and
adoption''. See Effective and Termination Dates of 1988 Amendments
note below.
Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L.
99-653, Sec. 3. See 1986 Amendment note below.
Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec.
(d) defining ''veteran'', ''Spanish-American War'', ''World War
I'', ''World War II'', and ''Korean hostilities'' as those terms
were used in part III of subchapter III of this chapter.
1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
provisions as cl. (i) and added cl. (ii).
Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated
existing provisions of cl. (ii) as subcl. (b) and added subcl. (a)
relating to persons performing agricultural labor or services as
defined by the Secretary of Labor in regulations and including
agricultural labor as defined in section 3121(g) of title 26 and
agriculture as defined in section 203(f) of title 29 of a temporary
or seasonal nature.
Subsec. (a)(15)(H)(ii). Pub. L. 99-514 substituted ''Internal
Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which
for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar.
(N).
Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar.
(I).
Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted ''or to
its natural father if the father has or had a bona fide
parent-child relationship with the person''.
Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out
''thereafter'' after ''the child has''.
Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
defining ''child'', was repealed by Pub. L. 100-525, Sec. 8(b), and
such par. (1) was revived as of Nov. 14, 1986, see Repeal and
Revival note below.
1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
directed that in Canal Zone and outlying possessions of the United
States ''consular officer'' meant an officer designated by the
Governor of the Canal Zone, or the governors of the outlying
possessions for purposes of issuing immigrant or nonimmigrant visas
under this chapter.
1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Sec. 2(a)(1),
18(a)(1), substituted in cl. (i) ''college, university, seminary,
conservatory, academic high school, elementary school, or other
academic institution or in a language training program'' for
''institution of learning or other recognized place of study'', and
''Secretary of Education'' for ''Office of Education of the United
States''.
Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
substituted a semicolon for a period at end of subpars. (H), (J),
(K), and (L) and inserted ''or'' at end of subpar. (L).
Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar.
(M).
Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar.
(H).
Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out
provision that residence be considered continuous for the purposes
of sections 1482 and 1484 of this title where there is a continuity
of stay but not necessarily an uninterrupted physical presence in a
foreign state or states or outside the United States.
Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck
out ''or'' at the end.
Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted
a semicolon for the period at end.
Subsec. (b)(1)(E). Pub. L. 97-116, Sec. 2(b), 18(a)(5)(C),
substituted ''sixteen'' for ''fourteen'', and ''; or'' for the
period at the end.
Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
''sixteen'' for ''fourteen''.
Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which
provided that a person not be considered a person of good moral
character if within the period for which good moral character is
required to be established the person commits adultery, and
substituted in par. (3) ''paragraphs (9) and (10) of section
1182(a) of this title and paragraph (23) of such section (except as
such paragraph relates to a single offense of simple possession of
30 grams or less of marihuana)'' for ''paragraphs (9), (10), and
(23) of section 1182(a) of this title''.
1980 - Subsec. (a)(42). Pub. L. 96-212 added par. (42).
1979 - Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars.
(E) to (G).
1977 - Subsec. (a)(1). Pub. L. 95-105 substituted ''Assistant
Secretary of State for Consular Affairs'' for ''administrator of
the Bureau of Security and Consular Affairs of the Department of
State''.
Subsec. (a)(41). Pub. L. 95-83 inserted ''a'' after ''graduates
of'' and '', other than such aliens who are of national or
international renown in the field of medicine'' after ''in a
foreign state''.
1976 - Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1),
inserted '', and who, in the case of a graduate of a medical school
coming to the United States to perform services as a member of the
medical profession, is coming pursuant to an invitation from a
public or nonprofit private educational or research institution or
agency in the United States to teach or conduct research, or both,
at or for such institution or agency''.
Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted
'', but this clause shall not apply to graduates of medical schools
coming to the United States to perform services as members of the
medical profession''.
Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted
'', other than to receive graduate medical education or training''.
Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted
''and who, if he is coming to the United States to participate in a
program under which he will receive graduate medical education or
training, also meets the requirements of section 1182(j) of this
title''.
Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision
defining term ''special immigrant'' to include an immigrant born in
any independent foreign country of the Western Hemisphere or in the
Canal Zone and the spouse and children of any such immigrant, if
accompanying, or following to join him and restricting issuance of
an immigrant visa until consular officer was in receipt of a
determination made by the Secretary of Labor pursuant to former
provisions of section 1182(a)(14) of this title; and redesignated
as subpars. (A) to (D) former subpars. (B) to (E).
Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
1975 - Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of
alien children under the age of fourteen by unmarried United States
citizens who are at least twenty-five years of age and inserted
requirement that before adoption the Attorney General be satisfied
that proper care will be provided the child after admission.
1970 - Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided
for nonimmigrant alien status for alien spouse and minor children
of any alien specified in par. (H) if accompanying him or following
to join him and struck out ''temporary'', ''other'', and
''industrial'' before ''services'', ''temporary services'', and
''trainee'' in cls. (i) to (iii), respectively.
Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added
subpars. (K) and (L).
1966 - Subsec. (a)(38). Pub. L. 89-710 inserted sentence
providing that term ''United States'' as used in section 1452 of
this title, for the purpose of issuing certificates of citizenship
to persons who are citizens of the United States, shall include the
Canal Zone.
1965 - Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted
''special immigrant'' for ''nonquota immigrant'' as term being
defined.
Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
''profession'' and its definition for term ''quota immigrant'' and
its definition.
Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition
to include a child, under the age of 14 at the time a petition is
filed in his behalf to accord a classification as an immediate
relative or who is an orphan because of the death or disappearance
of, abandonment or desertion by, or separation or loss from, both
parents, or for whom the sole or surviving parent is incapable of
providing the proper care which will be provided the child if
admitted to the United States and who has in writing irrevocably
released the child for emigration and adoption, and made minor
amendments in the existing definition.
Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6)
which defined term ''eligible orphan''.
1961 - Subsec. (a)(15). Pub. L. 87-256 included the alien spouse
and minor children of any such alien if accompanying him or
following to join him in subpar. (F), and added subpar. (J).
Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F).
Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted ''or from
June 25, 1950, to July 1, 1955,''.
Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of
''Korean hostilities''.
1959 - Subsec. (a)(36). Pub. L. 86-3 struck out reference to
Hawaii.
1958 - Subsec. (a)(36). Pub. L. 85-508 struck out reference to
Alaska.
1957 - Subsec. (b)(1). Pub. L. 85-316 inserted ''whether or not
born out of wedlock'' in subpar. (B), and added subpars. (D) and
(E).
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105-139, Sec. 1(f), Dec. 2, 1997, 111 Stat. 2645,
provided that: ''The amendments made by this section (amending
provisions set out as notes under this section and sections 1151,
1153, and 1255 of this title) -
''(1) shall take effect upon the enactment of the Nicaraguan
Adjustment and Central American Relief Act (title II of Pub. L.
105-100, approved Nov. 19, 1997) (as contained in the District of
Columbia Appropriations Act, 1998); and
''(2) shall be effective as if included in the enactment of
such Act.''
Section 1(b) of Pub. L. 105-54 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
the date of the enactment of this Act (Oct. 6, 1997).''
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 104(b) of div. C of Pub. L. 104-208 provided that:
''(1) Clause a. - Clause (A) of the sentence added by the
amendment made by subsection (a) (amending this section) shall
apply to documents issued on or after 18 months after the date of
the enactment of this Act (Sept. 30, 1996).
''(2) Clause b. - Clause (B) of such sentence shall apply to
cards presented on or after 3 years after the date of the enactment
of this Act.''
Section 309 of title III of div. C of Pub. L. 104-208, as
amended by Pub. L. 104-302, Sec. 2(2), (3), Oct. 11, 1996, 110
Stat. 3657; Pub. L. 105-100, title II, Sec. 203(a)-(c), 204(d),
Nov. 19, 1997, 111 Stat. 2196-2199, 2201; Pub. L. 105-139, Sec.
1(c), Dec. 2, 1997, 111 Stat. 2644, provided that:
''(a) In General. - Except as provided in this section and
sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this
division (amending sections 1225, 1227, and 1251 of this title,
enacting provisions set out as notes under sections 1225, 1226,
1227, and 1252 of this title, and repealing provisions set out as a
note under section 1225 of this title), this subtitle (subtitle A
(Sec. 301-309) of title III of div. C of Pub. L. 104-208, see
Tables for classification) and the amendments made by this subtitle
shall take effect on the first day of the first month beginning
more than 180 days after the date of the enactment of this Act
(Sept. 30, 1996) (in this title (see Tables for classification)
referred to as the 'title III-A effective date').
''(b) Promulgation of Regulations. - The Attorney General shall
first promulgate regulations to carry out this subtitle by not
later than 30 days before the title III-A effective date.
''(c) Transition for Certain Aliens. -
''(1) General rule that new rules do not apply. - Subject to
the succeeding provisions of this subsection, in the case of an
alien who is in exclusion or deportation proceedings before the
title III-A effective date -
''(A) the amendments made by this subtitle shall not apply,
and
''(B) the proceedings (including judicial review thereof)
shall continue to be conducted without regard to such
amendments.
''(2) Attorney general option to elect to apply new procedures.
- In a case described in paragraph (1) in which an evidentiary
hearing under section 236 or 242 and 242B of the Immigration and
Nationality Act (8 U.S.C. 1226, 1252, former 1252b) has not
commenced as of the title III-A effective date, the Attorney
General may elect to proceed under chapter 4 of title II of such
Act (8 U.S.C. 1221 et seq.) (as amended by this subtitle). The
Attorney General shall provide notice of such election to the
alien involved not later than 30 days before the date any
evidentiary hearing is commenced. If the Attorney General makes
such election, the notice of hearing provided to the alien under
section 235 or 242(a) of such Act (8 U.S.C. 1225, 1252(a)) shall
be valid as if provided under section 239 of such Act (8 U.S.C.
1229) (as amended by this subtitle) to confer jurisdiction on the
immigration judge.
''(3) Attorney general option to terminate and reinitiate
proceedings. - In the case described in paragraph (1), the
Attorney General may elect to terminate proceedings in which
there has not been a final administrative decision and to
reinitiate proceedings under chapter 4 of title II (of) the
Immigration and Nationality Act (8 U.S.C. 1221 et seq.) (as
amended by this subtitle). Any determination in the terminated
proceeding shall not be binding in the reinitiated proceeding.
''(4) Transitional changes in judicial review. - In the case in
which a final order of exclusion or deportation is entered more
than 30 days after the date of the enactment of this Act (Sept.
30, 1996), notwithstanding any provision of section 106 of the
Immigration and Nationality Act (former 8 U.S.C. 1105a) (as in
effect as of the date of the enactment of this Act) to the
contrary -
''(A) in the case of judicial review of a final order of
exclusion, subsection (b) of such section shall not apply and
the action for judicial review shall be governed by the
provisions of subsections (a) and (c) of such (section) in the
same manner as they apply to judicial review of orders of
deportation;
''(B) a court may not order the taking of additional evidence
under section 2347(c) of title 28, United States Code;
''(C) the petition for judicial review must be filed not
later than 30 days after the date of the final order of
exclusion or deportation;
''(D) the petition for review shall be filed with the court
of appeals for the judicial circuit in which the administrative
proceedings before the special inquiry officer or immigration
judge were completed;
''(E) there shall be no appeal of any discretionary decision
under section 212(c), 212(h), 212(i), 244, or 245 of the
Immigration and Nationality Act (8 U.S.C. former 1182(c),
1182(h), (i), former 1254, 1255) (as in effect as of the date
of the enactment of this Act (Sept. 30, 1996));
''(F) service of the petition for review shall not stay the
deportation of an alien pending the court's decision on the
petition, unless the court orders otherwise; and
''(G) there shall be no appeal permitted in the case of an
alien who is inadmissible or deportable by reason of having
committed a criminal offense covered in section 212(a)(2) or
section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2), former
1251(a)(2)(A)(iii), (B), (C), (D)) (as in effect as of the date
of the enactment of this Act), or any offense covered by
section 241(a)(2)(A)(ii) of such Act (as in effect on such
date) for which both predicate offenses are, without regard to
their date of commission, otherwise covered by section
241(a)(2)(A)(i) of such Act (as so in effect).
''(5) Transitional rules with regard to suspension of
deportation. -
''(A) In general. - Subject to subparagraphs (B) and (C),
paragraphs (1) and (2) of section 240A(d) of the Immigration
and Nationality Act (8 U.S.C. 1229b(d)(1), (2)) (relating to
continuous residence or physical presence) shall apply to
orders to show cause (including those referred to in section
242B(a)(1) of the Immigration and Nationality Act (former 8
U.S.C. 1252b(a)(1)), as in effect before the title III-A
effective date), issued before, on, or after the date of the
enactment of this Act (Sept. 30, 1996).
''(B) Exception for certain orders. - In any case in which
the Attorney General elects to terminate and reinitiate
proceedings in accordance with paragraph (3) of this
subsection, paragraphs (1) and (2) of section 240A(d) of the
Immigration and Nationality Act (8 U.S.C. 1229b(d)(1), (2))
shall not apply to an order to show cause issued before April
1, 1997.
''(C) Special rule for certain aliens granted temporary
protection from deportation. -
''(i) In general. - For purposes of calculating the period
of continuous physical presence under section 244(a) of the
Immigration and Nationality Act (former 8 U.S.C. 1254(a)) (as
in effect before the title III-A effective date) or section
240A of such Act (8 U.S.C. 1229b) (as in effect after the
title III-A effective date), subparagraph (A) of this
paragraph and paragraphs (1) and (2) of section 240A(d) of
the Immigration and Nationality Act shall not apply in the
case of an alien, regardless of whether the alien is in
exclusion or deportation proceedings before the title III-A
effective date, who has not been convicted at any time of an
aggravated felony (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))) and -
''(I) was not apprehended after December 19, 1990, at the time of
entry, and is -
''(aa) a Salvadoran national who first entered the
United States on or before September 19, 1990, and who
registered for benefits pursuant to the settlement
agreement in American Baptist Churches, et al. v.
Thornburgh (ABC), 760 F. Supp. 796 (N.D. Cal. 1991) on or
before October 31, 1991, or applied for temporary
protected status on or before October 31, 1991; or
''(bb) a Guatemalan national who first entered the
United States on or before October 1, 1990, and who
registered for benefits pursuant to such settlement
agreement on or before December 31, 1991;
''(II) is a Guatemalan or Salvadoran national who filed an
application for asylum with the Immigration and
Naturalization Service on or before April 1, 1990;
''(III) is the spouse or child (as defined in section 101(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1101(b)(1)))
of an individual, at the time a decision is rendered to
suspend the deportation, or cancel the removal, of such
individual, if the individual has been determined to be
described in this clause (excluding this subclause and
subclause (IV));
''(IV) is the unmarried son or daughter of an alien parent, at the
time a decision is rendered to suspend the deportation, or
cancel the removal, of such alien parent, if -
''(aa) the alien parent has been determined to be
described in this clause (excluding this subclause and
subclause (III)); and
''(bb) in the case of a son or daughter who is 21 years
of age or older at the time such decision is rendered,
the son or daughter entered the United States on or
before October 1, 1990; or
''(V) is an alien who entered the United States on or before
December 31, 1990, who filed an application for asylum on
or before December 31, 1991, and who, at the time of filing
such application, was a national of the Soviet Union,
Russia, any republic of the former Soviet Union, Latvia,
Estonia, Lithuania, Poland, Czechoslovakia, Romania,
Hungary, Bulgaria, Albania, East Germany, Yugoslavia, or
any state of the former Yugoslavia.
''(ii) Limitation on judicial review. - A determination by
the Attorney General as to whether an alien satisfies the
requirements of clause (i) is final and shall not be subject
to review by any court. Nothing in the preceding sentence
shall be construed as limiting the application of section
242(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
1252(a)(2)(B)) (as in effect after the title III-A effective
date) to other eligibility determinations pertaining to
discretionary relief under this Act (probably should be
''division'', see Short Title of 1996 Amendment note below).
''(6) Transition for certain family unity aliens. - The
Attorney General may waive the application of section 212(a)(9)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), as
inserted by section 301(b)(1) of this division, in the case of an
alien who is provided benefits under the provisions of section
301 of the Immigration Act of 1990 (Pub. L. 101-649, set out as a
note under section 1255a of this title) (relating to family
unity).
''(7) Limitation on suspension of deportation. - After April 1,
1997, the Attorney General may not suspend the deportation and
adjust the status under section 244 of the Immigration and
Nationality Act (former 8 U.S.C. 1254) (as in effect before the
title III-A effective date) of any alien in any fiscal year,
except in accordance with section 240A(e) of such Act (8 U.S.C.
1229b(e)). The previous sentence shall apply regardless of when
an alien applied for such suspension and adjustment.
''(d) Transitional References. - For purposes of carrying out the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), as amended
by this subtitle -
''(1) any reference in section 212(a)(1)(A) of such Act (8
U.S.C. 1182(a)(1)(A)) to the term 'inadmissible' is deemed to
include a reference to the term 'excludable', and
''(2) any reference in law to an order of removal shall be
deemed to include a reference to an order of exclusion and
deportation or an order of deportation.
''(e) Transition. - No period of time before the date of the
enactment of this Act (Sept. 30, 1996) shall be included in the
period of 1 year described in section 212(a)(6)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(B)(i)) (as
amended by section 301(c) of this division).
''(f) Special Rule for Cancellation of Removal. -
''(1) In general. - Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (as in
effect after the title III-A effective date), other than
subsections (b)(1), (d)(1), and (e) of section 240A of such Act
(8 U.S.C. 1229b(b)(1), (d)(1), (e)) (but including section
242(a)(2)(B) of such Act (8 U.S.C. 1252(a)(2)(B))), the Attorney
General may, under section 240A of such Act, cancel removal of,
and adjust to the status of an alien lawfully admitted for
permanent residence, an alien who is inadmissible or deportable
from the United States, if the alien applies for such relief, the
alien is described in subsection (c)(5)(C)(i) of this section,
and -
''(A) the alien -
''(i) is not inadmissible or deportable under paragraph (2)
or (3) of section 212(a) or paragraph (2), (3), or (4) of
section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2), (3), 1227(a)(3), (4)) and is not an alien
described in section 241(b)(3)(B)(i) of such Act (8 U.S.C.
1231(b)(3)(B)(i));
''(ii) has been physically present in the United States for
a continuous period of not less than 7 years immediately
preceding the date of such application;
''(iii) has been a person of good moral character during
such period; and
''(iv) establishes that removal would result in extreme
hardship to the alien or to the alien's spouse, parent, or
child, who is a citizen of the United States or an alien
lawfully admitted for permanent residence; or
''(B) the alien -
''(i) is inadmissible or deportable under section
212(a)(2), 237(a)(2) (other than 237(a)(2)(A)(iii)), or
237(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2), 1227(a)(2), (3));
''(ii) is not an alien described in section 241(b)(3)(B)(i)
or 101(a)(43) of such Act (8 U.S.C. 1231(b)(3)(B)(i),
1101(a)(43));
''(iii) has been physically present in the United States
for a continuous period of not less than 10 years immediately
following the commission of an act, or the assumption of a
status, constituting a ground for removal;
''(iv) has been a person of good moral character during
such period; and
''(v) establishes that removal would result in exceptional
and extremely unusual hardship to the alien or to the alien's
spouse, parent, or child, who is a citizen of the United
States or an alien lawfully admitted for permanent residence.
''(2) Treatment of certain breaks in presence. - Section
240A(d)(2) (8 U.S.C. 1229b(d)(2)) shall apply for purposes of
calculating any period of continuous physical presence under this
subsection, except that the reference to subsection (b)(1) in
such section shall be considered to be a reference to paragraph
(1) of this section.
''(g) Motions To Reopen Deportation or Removal Proceedings. -
Notwithstanding any limitation imposed by law on motions to reopen
removal or deportation proceedings (except limitations premised on
an alien's conviction of an aggravated felony (as defined in
section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)))), any alien who has become eligible for cancellation of
removal or suspension of deportation as a result of the amendments
made by section 203 of the Nicaraguan Adjustment and Central
American Relief Act (Pub. L. 105-100, amending this note) may file
one motion to reopen removal or deportation proceedings to apply
for cancellation of removal or suspension of deportation. The
Attorney General shall designate a specific time period in which
all such motions to reopen are required to be filed. The period
shall begin not later than 60 days after the date of the enactment
of the Nicaraguan Adjustment and Central American Relief Act (Nov.
19, 1997) and shall extend for a period not to exceed 240 days.''
(Section 203(f) of Pub. L. 105-100 provided that: ''The
amendments made by this section to the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (amending section 309 of
Pub. L. 104-208, div. C, set out above) shall take effect as if
included in the enactment of such Act.'')
(Section 2 of Pub. L. 104-302 provided that the amendment made by
that section to section 309 of Pub. L. 104-208, set out above, is
effective Sept. 30, 1996.)
Section 321(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by this section (amending this section) shall apply
to actions taken on or after the date of the enactment of this Act
(Sept. 30, 1996), regardless of when the conviction occurred, and
shall apply under section 276(b) of the Immigration and Nationality
Act (8 U.S.C. 1326(b)) only to violations of section 276(a) of such
Act occurring on or after such date.''
Section 322(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by subsection (a) (amending this section and
section 1182 of this title) shall apply to convictions and
sentences entered before, on, or after the date of the enactment of
this Act (Sept. 30, 1996). Subparagraphs (B) and (C) of section
240(c)(3) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(3)(B), (C)), as inserted by section 304(a)(3) of this
division, shall apply to proving such convictions.''
Section 361(b) of div. C of Pub. L. 104-208 provided that: ''The
amendment made by subsection (a) (amending this section) shall take
effect on the date of the enactment of this Act (Sept. 30, 1996).''
Section 371(d)(1) of div. C of Pub. L. 104-208 provided that:
''Subsections (a) and (b) (amending this section and sections
1105a, 1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this
title) shall take effect on the date of the enactment of this Act
(Sept. 30, 1996).''
Section 591 of title V of div. C of Pub. L. 104-208 provided
that: ''Except as provided in this title (enacting sections 1369 to
1371 and 1623 and 1624 of this title, amending sections 1182, 1183,
1183a, 1612, 1631, 1632, 1641, and 1642 of this title, section 506
of Title 18, Crimes and Criminal Procedure, section 1091 of Title
20, Education, and sections 402, 1320b-7, and 1436a of Title 42,
The Public Health and Welfare, enacting provisions set out as notes
under this section, sections 1182, 1183a, 1611, 1612, and 1621 of
this title, and sections 402 and 1436a of Title 42, and repealing
provisions set out as a note under section 1183a of this title),
this title and the amendments made by this title shall take effect
on the date of the enactment of this Act (Sept. 30, 1996).''
Section 625(c) of div. C of Pub. L. 104-208 provided that: ''The
amendments made by subsection (a) (amending this section and
section 1184 of this title) shall apply to individuals who obtain
the status of a nonimmigrant under section 101(a)(15)(F) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) after the
end of the 60-day period beginning on the date of the enactment of
this Act (Sept. 30, 1996), including aliens whose status as such a
nonimmigrant is extended after the end of such period.''
Section 671(a)(7) of div. C of Pub. L. 104-208 provided that:
''The amendments made by this subsection (amending this section,
sections 1184, 1251, 1255, 1258, and 1324 of this title, and
provisions set out as a note under section 1252 of this title)
shall be effective as if included in the enactment of the VCCLEA
(Pub. L. 103-322).''
Section 671(b)(14) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise provided in this subsection (amending this
section and sections 1252a, 1255b, 1323, 1356, and 1483 of this
title, enacting provisions set out as notes under sections 1161 and
1433 of this title, and amending provisions set out as notes under
this section and sections 1255a, 1323, and 1401 of this title), the
amendments made by this subsection shall take effect as if included
in the enactment of INTCA (Pub. L. 103-416).''
Section 440(f) of Pub. L. 104-132 provided that: ''The amendments
made by subsection (e) (amending this section) shall apply to
convictions entered on or after the date of the enactment of this
Act (Apr. 24, 1996), except that the amendment made by subsection
(e)(3) (amending this section) shall take effect as if included in
the enactment of section 222 of the Immigration and Nationality
Technical Corrections Act of 1994 (Pub. L. 103-416).''
EFFECTIVE DATE OF 1994 AMENDMENTS
Section 219(dd) of Pub. L. 103-416 provided that: ''Except as
otherwise specifically provided in this section, the amendments
made by this section (amending this section and sections 1151,
1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255,
1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330,
1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing
section 1161 of this title, amending provisions set out as notes
under this section and sections 1182, 1254a, 1255, 1255a, and 1356
of this title, and repealing provisions set out as a note under
section 1288 of this title) shall be effective as if included in
the enactment of the Immigration Act of 1990 (Pub. L. 101-649).''
Section 222(b) of Pub. L. 103-416 provided that: ''The amendments
made by this section (amending this section) shall apply to
convictions entered on or after the date of enactment of this Act
(Oct. 25, 1994).''
Amendment by Pub. L. 103-236 applicable with respect to
officials, offices, and bureaus of Department of State when
executive orders, regulations, or departmental directives
implementing the amendments by sections 161 and 162 of Pub. L.
103-236 become effective, or 90 days after Apr. 30, 1994, whichever
comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
set out as a note under section 2651a of Title 22, Foreign
Relations and Intercourse.
EFFECTIVE DATE OF 1991 AMENDMENTS
Section 208 of title II of Pub. L. 102-232 provided that: ''The
provisions of, and amendments made by, this title (amending this
section and section 1184 of this title and enacting provisions set
out as notes under this section and section 1184 of this title)
shall take effect on April 1, 1992.''
Section 302(e)(8) of Pub. L. 102-232 provided that the amendments
made by that section (amending this section and sections 1186a and
1201 of this title) are effective as if included in section 162(e)
of the Immigration Act of 1990, Pub. L. 102-649.
Section 305(m) of Pub. L. 102-232 provided that the amendments
made by that section (amending this section and sections 1423,
1433, 1441, 1443, 1445, and 1452 of this title) are effective as if
included in section 407(d) of the Immigration Act of 1990, Pub. L.
101-649.
Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416,
title II, Sec. 219(z)(9), Oct. 25, 1994, 108 Stat. 4318, provided
that: ''Except as otherwise specifically provided, the amendments
made by (and provisions of) -
''(1) sections 302 through 308 (amending this section, sections
1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a
to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to
1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325,
1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
1452, and 1455 of this title, and section 3753 of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under this section and sections 1151, 1157, 1160, 1182, 1251,
1252, 1254a, and 1255 of this title, and amending provisions set
out as notes under this section and sections 1105a, 1153, 1158,
1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title)
shall take effect as if included in the enactment of the
Immigration Act of 1990 (Pub. L. 101-649), and
''(2) section 309(b) (amending this section and sections 1154,
1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of
this title and enacting provisions set out as a note under this
section) shall take effect on the date of the enactment of this
Act (Dec. 12, 1991).''
Section 2(d) of Pub. L. 102-110 provided that: ''This section
(amending this section and sections 1153 and 1255 of this title)
shall take effect 60 days after the date of the enactment of this
Act (Oct. 1, 1991).''
EFFECTIVE DATE OF 1990 AMENDMENT
Section 161 of title I of Pub. L. 101-649, as amended by Pub. L.
102-110, Sec. 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232,
title III, Sec. 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745; Pub.
L. 103-416, title II, Sec. 218, 219(aa), Oct. 25, 1994, 108 Stat.
4316, 4319; Pub. L. 104-208, div. C, title VI, Sec. 671(f), Sept.
30, 1996, 110 Stat. 3009-724, provided that:
''(a) In General. - Except as otherwise provided in this title,
this title and the amendments made by this title (enacting section
1186b of this title, amending this section, sections 1103, 1151 to
1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title,
section 3304 of Title 26, Internal Revenue Code, and section 1382c
of Title 42, The Public Health and Welfare, enacting provisions set
out as notes under this section and sections 1152, 1153, 1159,
1182, 1201, and 1251 of this title, and amending provisions set out
as notes under section 1255 of this title) shall take effect on
October 1, 1991, and apply beginning with fiscal year 1992.
''(b) Provisions Taking Effect Upon Enactment. - The following
sections (and amendments made by such sections) shall take effect
on the date of the enactment of this Act (Nov. 29, 1990) and
(unless otherwise provided) apply to fiscal year 1991:
''(1) Section 103 (enacting provisions set out as a note under
section 1152 of this title) (relating to per country limitation
for Hong Kong).
''(2) Section 104 (amending sections 1157 and 1159 of this
title and enacting provisions set out as notes under section 1159
of this title) (relating to asylee adjustments).
''(3) Section 124 (enacting provisions set out as a note under
section 1153 of this title) (relating to transition for employees
of certain U.S. businesses in Hong Kong).
''(4) Section 133 (enacting provisions set out as a note under
section 1153 of this title) (relating to one-year diversity
transition for aliens who have been notified of availability of
NP-5 visas).
''(5) Section 134 (enacting provisions set out as a note under
section 1153 of this title) (relating to transition for displaced
Tibetans).
''(6) Section 153 (amending this section and section 1251 of
this title and enacting provisions set out as a note under
section 1251 of this title) (relating to special immigrants who
are dependent on a juvenile court).
''(7) Section 154 (enacting provisions set out as a note under
section 1201 of this title) (permitting extension of validity of
visas for certain residents of Hong Kong).
''(8) Section 155 (enacting provisions set out as a note under
section 1153 of this title) (relating to expedited issuance of
Lebanese second and fifth preference visas).
''(9) Section 162(b) (amending section 1154 of this title)
(relating to immigrant visa petitioning process), but only
insofar as such section relates to visas for fiscal years
beginning with fiscal year 1992.
''(c) General Transitions. -
''(1) In the case of a petition filed under section 204(a) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)) before
October 1, 1991, for preference status under section 203(a)(3) or
section 203(a)(6) of such Act (8 U.S.C. 1153(a)(3), (6)) (as in
effect before such date) -
''(A) in order to maintain the priority date with respect to
such a petition, the petitioner must file (by not later than
October 1, 1993) a new petition for classification of the
employment under paragraph (1), (2), or (3) of section 203(b)
of such Act (as amended by this title), and
''(B) any labor certification under section 212(a)(5)(A) of
such Act required with respect to the new petition shall be
deemed approved if the labor certification with respect to the
previous petition was previously approved under section
212(a)(14) of such Act.
In the case of a petition filed under section 204(a) of such Act
before October 1, 1991, but which is not described in paragraph
(4), and for which a filing fee was paid, any additional filing
fee shall not exceed one-half of the fee for the filing of the
new petition referred to in subparagraph (A).
''(2) Any petition filed under section 204(a) of the
Immigration and Nationality Act before October 1, 1991, for
preference status under section 203(a)(4) or section 203(a)(5) of
such Act (as in effect before such date) shall be deemed, as of
such date, to be a petition filed under such section for
preference status under section 203(a)(3) or section 203(a)(4),
respectively, of such Act (as amended by this title).
''(3) In the case of an alien who is described in section
203(a)(8) of the Immigration and Nationality Act (as in effect
before October 1, 1991) as the spouse or child of an alien
admitted for permanent residence as a preference immigrant under
section 203(a)(3) or 203(a)(6) of such Act (as in effect before
such date) and who would be entitled to enter the United States
under such section 203(a)(8) but for the amendments made by this
title (see subsec. (a) above), such an alien shall be deemed to
be described in section 203(d) of such Act as the spouse or child
of an alien described in section 203(b)(2) or 203(b)(3)(A)(i),
respectively, of such Act with the same priority date as that of
the principal alien.
''(4)(A) Subject to subparagraph (B), any petition filed before
October 1, 1991, and approved on any date, to accord status under
section 203(a)(3) or 203(a)(6) of the Immigration and Nationality
Act (as in effect before such date) shall be deemed, on and after
October 1, 1991 (or, if later, the date of such approval), to be
a petition approved to accord status under section 203(b)(2) or
under the appropriate classification under section 203(b)(3),
respectively, of such Act (as in effect on and after such date).
Nothing in this subparagraph shall be construed as exempting the
beneficiaries of such petitions from the numerical limitations
under section 203(b)(2) or 203(b)(3) of such Act.
''(B) Subparagraph (A) shall not apply more than two years
after the date the priority date for issuance of a visa on the
basis of such a petition has been reached.
''(d) Admissibility Standards. - When an immigrant, in possession
of an unexpired immigrant visa issued before October 1, 1991, makes
application for admission, the immigrant's admissibility under
paragraph (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(7)(A)) shall be determined under
the provisions of law in effect on the date of the issuance of such
visa.
''(e) Construction. - Nothing in this title (see subsec. (a)
above) shall be construed as affecting the provisions of section 19
of Public Law 97-116 (8 U.S.C. 1151 note), section 2(c)(1) of
Public Law 97-271 (8 U.S.C. 1255 note), or section 202(e) of Public
Law 99-603 (8 U.S.C. 1255a note).''
(Section 219(aa) of Pub. L. 103-416 provided that the amendment
made by that section to section 161(c)(3) of Pub. L. 101-649, set
out above, is effective as if included in section 4 of Pub. L.
102-110, see below.)
(Section 4 of Pub. L. 102-110 provided that the amendment made by
that section, adding pars. (3) and (4) to section 161(c) of Pub. L.
101-649, set out above, is effective as if included in the
Immigration Act of 1990, Pub. L. 101-649.)
Section 162(f)(3) of Pub. L. 101-649 provided that: ''The
amendments made by this subsection (amending this section, section
1182 of this title, and provisions set out as a note under section
1255 of this title) shall apply as though included in the enactment
of the Immigration Nursing Relief Act of 1989 (Pub. L. 101-238).''
Section 203(d) of Pub. L. 101-649 provided that: ''The amendments
made by this section (enacting section 1288 of this title and
amending this section and section 1281 of this title) shall apply
to services performed on or after 180 days after the date of the
enactment of this Act (Nov. 29, 1990).''
Section 231 of title II of Pub. L. 101-649 provided that:
''Except as otherwise provided in this title, this title, and the
amendments made by this title (enacting section 1288 of this title,
amending this section and sections 1182, 1184, 1187, 1281, and 1323
of this title, and enacting provisions set out as notes under this
section and sections 1182, 1184, 1187, and 1288 of this title),
shall take effect on October 1, 1991, except that sections 222 and
223 (enacting provisions set out as notes under this section) shall
take effect on the date of the enactment of this Act (Nov. 29,
1990).''
Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov.
29, 1990, with general savings provisions, see section 408(a)(3),
(d) of Pub. L. 101-649, set out as an Effective Date of 1990
Amendment; Savings Provisions note under section 1421 of this
title.
Section 501(b) of Pub. L. 101-649 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to
offenses committed on or after the date of the enactment of this
Act (Nov. 29, 1990), except that the amendments made by paragraphs
(2) and (5) of subsection (a) shall be effective as if included in
the enactment of section 7342 of the Anti-Drug Abuse Act of 1988
(Pub. L. 100-690).''
Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 306(a)(7), Dec. 12, 1991, 105 Stat. 1751, provided
that: ''The amendment made by subsection (a) (amending this
section) shall take effect on the date of the enactment of this Act
(Nov. 29, 1990) and shall apply to convictions occurring on or
after such date, except with respect to conviction for murder which
shall be considered a bar to good moral character regardless of the
date of the conviction.''
Section 601(e) of Pub. L. 101-649 provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending section 1182 of this title) and by section
603(a) of this Act (amending this section and sections 1102, 1153,
1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a,
1255a, 1259, 1322, and 1327 of this title, repealing section 2691
of Title 22, Foreign Relations and Intercourse, amending provisions
set out as notes under this section and sections 1255 and 1255a of
this title, and repealing provisions set out as notes under section
1182 of this title) shall apply to individuals entering the United
States on or after June 1, 1991.
''(2) The amendments made by paragraphs (5) and (13) of section
603(a) (amending sections 1160 and 1255a of this title) shall apply
to applications for adjustment of status made on or after June 1,
1991.''
EFFECTIVE DATE OF 1989 AMENDMENTS
Amendment by Pub. L. 101-238 applicable to classification
petitions filed for nonimmigrant status only during the 5-year
period beginning on the first day of the 9th month beginning after
Dec. 18, 1989, see section 3(d) of Pub. L. 101-238, set out as a
note under section 1182 of this title.
Section 611(b) of Pub. L. 101-162 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
October 1, 1989, upon the expiration of the similar amendment made
by section 210(a) of the Department of Justice Appropriations Act,
1989 (title II of Public Law 100-459, 102 Stat. 2203).''
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS
Section 2(s) of Pub. L. 100-525 provided that: ''The amendments
made by this section (amending this section, sections 1160, 1161,
1184, 1186, 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a,
1324b, and 1357 of this title, section 1546 of Title 18, Crimes and
Criminal Procedure, and section 1091 of Title 20, Education,
amending provisions set out as notes under this section and
sections 1188 and 1255a of this title and section 1802 of Title 29,
Labor, and repealing provisions set out as a note under section
1255a of this title) shall be effective as if they were included in
the enactment of the Immigration Reform and Control Act of 1986
(Pub. L. 99-603).''
Section 309(b)(15) of Pub. L. 102-232 provided that: ''The
amendments made by section 8 of the Immigration Technical
Corrections Act of 1988 (Pub. L. 100-525, amending this section,
sections 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409,
1431 to 1433, 1452, 1481, and 1483 of this title, and section 4195
of Title 22, Foreign Relations and Intercourse, enacting provisions
set out as notes under this section, sections 1153, 1201, 1401,
1409, 1451, and 1481 of this title, and section 4195 of Title 22,
and amending provisions set out as notes under this section and
section 1153 of this title) shall be effective as if included in
the enactment of the Immigration and Nationality Act Amendments of
1986 (Public Law 99-653).''
Section 210(b) of Pub. L. 100-459 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect as
if included in the enactment of section 315 of the Immigration
Reform and Control Act of 1986 (Pub. L. 99-603) and shall expire on
October 1, 1989.''
EFFECTIVE DATE OF 1986 AMENDMENTS
Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525,
Sec. 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: ''The
amendments made by sections 2, 4, and 7 (amending this section and
sections 1152, 1182, 1228, 1251, and 1356 of this title) apply to
visas issued, and admissions occurring, on or after November 14,
1986.''
Amendment by section 301(a) of Pub. L. 99-603 applicable to
petitions and applications filed under sections 1184(c) and 1188 of
this title on or after the first day of the seventh month beginning
after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
amended, set out as an Effective Date note under section 1188 of
this title.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 21 of Pub. L. 97-116 provided that:
''(a) Except as provided in subsection (b) and in section 5(c)
(set out as a note under section 1182 of this title), the
amendments made by this Act (see Short Title of 1981 Amendment note
below) shall take effect on the date of the enactment of this Act
(Dec. 29, 1981).
''(b)(1) The amendments made by section 2(a) (amending this
section) shall apply on and after the first day of the sixth month
beginning after the date of the enactment of this Act (Dec. 29,
1981).
''(2) The amendment made by section 16 (amending section 1455 of
this title) shall apply to fiscal years beginning on or after
October 1, 1981.''
EFFECTIVE DATE OF 1980 AMENDMENT
Section 204(a)-(c) of title II of Pub. L. 96-212 provided that:
''(a) Except as provided in subsections (b) and (c), this title
and the amendments made by this title (enacting sections 1157,
1158, and 1159 of this title, amending this section and sections
1151 to 1153, 1181, 1182, 1253, and 1254 of this title, enacting
provisions set out as notes under sections 1153, 1157, 1158, 1182,
and 1521 of this title, and amending provisions set out as a note
under sections 1182 and 1255 of this title) shall take effect on
the date of the enactment of this Act (Mar. 17, 1980), and shall
apply to fiscal years beginning with the fiscal year beginning
October 1, 1979.
''(b)(1)(A) Section 207(c) of the Immigration and Nationality Act
(as added by section 201(b) of this Act) (section 1157(c) of this
title) and the amendments made by subsections (b), (c), and (d) of
section 203 of this Act (amending sections 1152, 1153, 1182, and
1254 of this title) shall take effect on April 1, 1980.
''(B) The amendments made by section 203(f) (amending section
1182 of this title) shall apply to aliens paroled into the United
States on or after the sixtieth day after the date of the enactment
of this Act (Mar. 17, 1980).
''(C) The amendments made by section 203(i) (amending section
1153 of this title and provisions set out as notes under section
1255 of this title) shall take effect immediately before April 1,
1980.
''(2) Notwithstanding sections 207(a) and 209(b) of the
Immigration and Nationality Act (as added by section 201(b) of this
Act) (sections 1157(a) and 1159(b) of this title), the fifty
thousand and five thousand numerical limitations specified in such
respective sections shall, for fiscal year 1980, be equal to 25,000
and 2,500, respectively.
''(3) Notwithstanding any other provision of law, for fiscal year
1980 -
''(A) the fiscal year numerical limitation specified in section
201(a) of the Immigration and Nationality Act (section 1151(a) of
this title) shall be equal to 280,000, and
''(B) for the purpose of determining the number of immigrant
visa and adjustments of status which may be made available under
sections 203(a)(2) and 202(e)(2) of such Act (sections 1153(a)(2)
and 1152(e)(2) of this title), the granting of a conditional
entry or adjustment of status under section 203(a)(7) or
202(e)(7) of such Act after September 30, 1979, and before April
1, 1980, shall be considered to be the granting of an immigrant
visa under section 203(a)(2) or 202(e)(2), respectively, of such
Act during such period.
''(c)(1) The repeal of subsections (g) and (h) of section 203 of
the Immigration and Nationality Act, made by section 203(c)(8) of
this title (section 1153(g) and (h) of this title), shall not apply
with respect to any individual who before April 1, 1980, was
granted a conditional entry under section 203(a)(7) of the
Immigration and Nationality Act (and under section 202(e)(7) of
such Act (section 1152(e)(7) of this title), if applicable), as in
effect immediately before such date, and it shall not apply to any
alien paroled into the United States before April 1, 1980, who is
eligible for the benefits of section 5 of Public Law 95-412 (set
out as a note under section 1182 of this title).
''(2) An alien who, before April 1, 1980, established a date of
registration at an immigration office in a foreign country on the
basis of entitlement to a conditional entrant status under section
203(a)(7) of the Immigration and Nationality Act (as in effect
before such date) (section 1153(a)(7) of this title), shall be
deemed to be entitled to refugee status under section 207 of such
Act (as added by section 201(b) of this title) (section 1157 of
this title) and shall be accorded the date of registration
previously established by that alien. Nothing in this paragraph
shall be construed to preclude the acquisition by such an alien of
a preference status under section 203(a) of such Act.
''(3) The provisions of paragraphs (14), (15), (20), (21), (25),
and (32) if section 212(a) of the Immigration and Nationality Act
(former section 1182(a)(14), (15), (20), (21), (25), and (32) of
this title) shall not be applicable to any alien who has entered
the United States before April 1, 1980, pursuant to section
203(a)(7) of such Act (section 1153(a)(7) of this title) or who has
been paroled as a refugee into the United States under section
212(d)(5) of such Act, and who is seeking adjustment of status, and
the Attorney General may waive any other provision of section
212(a) of such Act (other than paragraph (27), (29), or (33) and
other than so much of paragraph (23) as relates to trafficking in
narcotics) with respect to such an alien for humanitarian purposes,
to assure family unity, or when it is otherwise in the public
interest.''
EFFECTIVE DATE OF 1979 AMENDMENT
Section 3201(d)(1) of Pub. L. 96-70 provided that: ''The
amendments made by this section (amending this section and section
1182 of this title) shall take effect on the date of the enactment
of this Act (Sept. 27, 1979).''
EFFECTIVE DATE OF 1977 AMENDMENT
Section 602(d) of Pub. L. 94-484, as added by Pub. L. 95-83,
title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided
that: ''This section (amending this section and enacting provisions
set out as a note under section 1182 of this title) and the
amendment made by subsection (c) (amending this section) are
effective January 10, 1977, and the amendments made by subsections
(b)(4) and (d) of section 601 (amending this section and section
1182 of this title) shall apply only on and after January 10, 1978,
notwithstanding subsection (f) of such section (set out as an
Effective Date of 1976 Amendments note under section 1182 of this
title).''
EFFECTIVE DATE OF 1976 AMENDMENTS
Section 10 of Pub. L. 94-571 provided that: ''The foregoing
provisions of this Act, including the amendments made by such
provisions (see Short Title of 1976 Amendment note below), shall
become effective on the first day of the first month which begins
more than sixty days after the date of enactment of this Act (Oct.
20, 1976).''
Amendment by section 601(b)(4) of Pub. L. 94-484 applicable only
on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub.
L. 94-484, see section 602(d) of Pub. L. 94-484, as added by
section 307(q)(3) of Pub. L. 95-83, set out as an Effective Date of
1977 Amendment note above.
Amendment by Pub. L. 94-484 effective ninety days after Oct. 12,
1976, see section 601(f) of Pub. L. 94-484, set out as a note under
section 1182 of this title.
EFFECTIVE DATE OF 1965 AMENDMENT
For effective date of amendment by Pub. L. 89-236, see section 20
of Pub. L. 89-236, set out as a note under section 1151 of this
title.
EFFECTIVE DATE
Section 407 of act June 27, 1952, provided that: ''Except as
provided in subsection (k) of section 401 (former section 1106(k)
of this title), this Act (this chapter) shall take effect at 12:01
ante meridian United States Eastern Standard Time on the one
hundred eightieth day immediately following the date of its
enactment (June 27, 1952).''
SHORT TITLE OF 1997 AMENDMENTS
Section 112(a) of Pub. L. 105-119 provided that: ''This section
(enacting, amending, and repealing provisions set out as notes
under section 1440 of this title) may be cited as the 'Philippine
Army, Scouts, and Guerilla Veterans of World War II Naturalization
Act of 1997'.''
Pub. L. 105-100, title II, Sec. 201, Nov. 19, 1997, 111 Stat.
2193, provided that: ''This title (amending section 1229b of this
title, enacting provisions set out as notes under this section and
sections 1151, 1153, 1229b, and 1255 of this title, and amending
provisions set out as a note under this section) may be cited as
the 'Nicaraguan Adjustment and Central American Relief Act'.''
SHORT TITLE OF 1996 AMENDMENT
Section 1(a) of div. C of Pub. L. 104-208 provided that: ''This
division (see Tables for classification) may be cited as the
'Illegal Immigration Reform and Immigrant Responsibility Act of
1996'.''
SHORT TITLE OF 1994 AMENDMENT
Section 1 of Pub. L. 103-416 provided that: ''This Act (see
Tables for classification) may be cited as the 'Immigration and
Nationality Technical Corrections Act of 1994'.''
SHORT TITLE OF 1991 AMENDMENTS
Section 1(a) of Pub. L. 102-232 provided that: ''This Act
(amending this section, sections 1102, 1105a, 1151 to 1154, 1157,
1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227,
1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284,
1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423,
1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this
title, and section 3753 of Title 42, The Public Health and Welfare,
enacting provisions set out as notes under this section and
sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255,
1356, and 1421 of this title, and amending provisions set out as
notes under this section and sections 1105a, 1153, 1158, 1160,
1184, 1201, 1251, 1254a, 1255, and 1421 of this title) may be cited
as the 'Miscellaneous and Technical Immigration and Naturalization
Amendments of 1991'.''
Section 101 of title I of Pub. L. 102-232 provided that: ''This
title (amending sections 1421, 1448, 1450, and 1455 of this title
and enacting provisions set out as a note under section 1421 of
this title) may be cited as the 'Judicial Naturalization Ceremonies
Amendments of 1991'.''
Section 201 of title II of Pub. L. 102-232 provided that: ''This
title (amending this section and section 1184 of this title and
enacting provisions set out as notes under this section and section
1184 of this title) may be cited as the 'O and P Nonimmigrant
Amendments of 1991'.''
Section 301(a) of title III of Pub. L. 102-232 provided that:
''This title (amending this section, sections 1102, 1105a, 1151 to
1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221,
1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281,
1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357,
1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
1452, and 1455 of this title, and section 3753 of Title 42, The
Public Health and Welfare, enacting provisions set out as notes
under this section and sections 1151, 1157, 1160, 1182, 1251, 1252,
1254a, 1255, and 1356 of this title, and amending provisions set
out as notes under this section and sections 1105a, 1153, 1158,
1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title) may be
cited as the 'Immigration Technical Corrections Act of 1991'.''
Section 1 of Pub. L. 102-110 provided that: ''This Act (amending
this section and sections 1153, 1255, and 1524 of this title and
enacting and amending provisions set out as notes under this
section) may be cited as the 'Armed Forces Immigration Adjustment
Act of 1991'.''
SHORT TITLE OF 1990 AMENDMENTS
Section 1(a) of Pub. L. 101-649 provided that: ''This Act (see
Tables for classification) may be cited as the 'Immigration Act of
1990'.''
Pub. L. 101-249, Sec. 1, Mar. 6, 1990, 104 Stat. 94, provided
that: ''This Act (enacting section 1440-1 of this title) may be
cited as the 'Posthumous Citizenship for Active Duty Service Act of
1989'.''
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-238 provided that: ''This Act (amending
this section and sections 1160 and 1182 of this title, enacting
provisions set out as notes under sections 1182, 1255, 1255a, and
1324a of this title, and amending provisions set out as a note
under section 1255a of this title) may be cited as the 'Immigration
Nursing Relief Act of 1989'.''
SHORT TITLE OF 1988 AMENDMENTS
Pub. L. 100-658, Sec. 1, Nov. 15, 1988, 102 Stat. 3908, provided
that: ''This Act (enacting provisions set out as notes under this
section and section 1153 of this title and amending provisions set
out as a note under section 1153 of this title) may be cited as the
'Immigration Amendments of 1988'.''
Section 1(a) of Pub. L. 100-525 provided that: ''This Act
(amending this section, sections 1102, 1103, 1104, 1105a, 1152,
1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201,
1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a,
1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353,
1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432,
1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459,
1481, 1483, 1489, 1522, 1523, and 1524 of this title, section 1546
of Title 18, Crimes and Criminal Procedure, section 1091 of Title
20, Education, and section 4195 of Title 22, Foreign Relations and
Intercourse, enacting provisions set out as notes under this
section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356,
1401, 1409, 1451, 1481, and 1522 of this title and section 4195 of
Title 22, amending provisions set out as notes under this section
and sections 1153, 1182, 1188, and 1255a of this title and section
1802 of Title 29, Labor, and repealing provisions set out as a note
under section 1255a of this title) may be cited as the 'Immigration
Technical Corrections Act of 1988'.''
SHORT TITLE OF 1986 AMENDMENTS
Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525,
Sec. 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: ''this
Act (amending this section, sections 1152, 1182, 1201, 1202, 1228,
1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481,
and 1483 of this title, and section 4195 of Title 22, Foreign
Relations and Intercourse, and repealing section 1201a of this
title and provisions set out as notes under section 1153 of this
title) may be cited as the 'Immigration and Nationality Act
Amendments of 1986'.''
Pub. L. 99-639, Sec. 1, Nov. 10, 1986, 100 Stat. 3537, provided
that: ''This Act (enacting section 1186a of this title, amending
sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and
enacting provisions set out as notes under sections 1154, 1182,
1184, and 1255 of this title) may be cited as the 'Immigration
Marriage Fraud Amendments of 1986'.''
Pub. L. 99-605, Sec. 1(a), Nov. 6, 1986, 100 Stat. 3449, provided
that: ''This Act (amending sections 1522 to 1524 of this title and
enacting provisions set out as notes under section 1522 of this
title) may be cited as the 'Refugee Assistance Extension Act of
1986'.''
Section 1(a) of Pub. L. 99-603 provided that: ''This Act
(enacting sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b,
1364, and 1365 of this title and section 1437r of Title 42, The
Public Health and Welfare, amending this section, sections 1152,
1184, 1251, 1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of
this title, section 2025 of Title 7, Agriculture, section 1546 of
Title 18, Crimes and Criminal Procedure, sections 1091 and 1096 of
Title 20, Education, sections 1802, 1813, and 1851 of Title 29,
Labor, and sections 303, 502, 602, 603, 672, 673, 1203, 1320b-7,
1353, 1396b, and 1436a of Title 42, repealing section 1816 of Title
29, enacting provisions set out as notes under this section and
sections 1152, 1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a,
and 1324b of this title, section 1802 of Title 29, and sections
405, 502, and 1320b-7 of Title 42, and amending provisions set out
as notes under this section and section 1383 of Title 42) may be
cited as the 'Immigration Reform and Control Act of 1986'.''
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-363, Sec. 1, Oct. 25, 1982, 96 Stat. 1734, provided
that: ''This Act (amending sections 1522, 1523, and 1524 of this
title and enacting provisions set out as a note under section 1522
of this title) may be cited as the 'Refugee Assistance Amendments
of 1982'.''
SHORT TITLE OF 1981 AMENDMENT
Section 1(a) of Pub. L. 97-116 provided that: ''this Act
(amending this section, sections 1105a, 1151, 1152, 1154, 1182,
1201, 1203, 1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258,
1305, 1324, 1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439,
1440, 1445, 1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this
title, and section 1429 of Title 18, Crimes and Criminal Procedure,
enacting provisions set out as notes under this section and
sections 1151 and 1182 of this title, amending a provision set out
as a note under this section, and repealing a provision set out as
a note under section 1182 of this title) may be cited as the
'Immigration and Nationality Act Amendments of 1981'.''
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-212 provided: ''That this Act (enacting
sections 1157 to 1159 and 1521 to 1525 of this title, amending this
section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this
title, and section 2601 of Title 22, Foreign Relations and
Intercourse, enacting provision set out as notes under this section
and sections 1153, 1157, 1158, 1521, and 1522 of this title,
amending provisions set out as notes under sections 1182 and 1255
of this title, and repealing provisions set out as a note under
section 2601 of Title 22) may be cited as the 'Refugee Act of
1980'.''
SHORT TITLE OF 1976 AMENDMENT
Section 1 of Pub. L. 94-571 provided: ''That this Act (amending
this section and sections 1151, 1152 to 1154, 1181, 1182, 1251,
1254, and 1255 of this title and enacting provisions set out as
notes under this section and sections 1153 and 1255 of this title)
may be cited as the 'Immigration and Nationality Act Amendments of
1976'.''
SHORT TITLE
Section 1 of act June 27, 1952, provided that such act, enacting
this chapter, section 1429 of Title 18, Crimes and Criminal
Procedure, amending sections 1353a, 1353d, 1552 of this title,
sections 342b, 342c, 342e of former Title 5, Executive Departments
and Government Officers and Employees, sections 1114, 1546 of Title
18, sections 618, 1446 of Title 22, Foreign Relations and
Intercourse, sections 1, 177 of former Title 49, Transportation,
sections 1952 to 1955 and 1961 of Title 50 App., War and National
Defense, repealing section 530 of former Title 31, Money and
Finance, enacting provisions set out as notes under this section
and amending provisions set out as notes under sections 1435 and
1440 of this title, may be cited as the ''Immigration and
Nationality Act''.
REPEAL AND REVIVAL
Section 8(b) of Pub. L. 100-525 provided that: ''Section 3 of
INAA (Pub. L. 99-653, repealing subsec. (c)(1) of this section) is
repealed and the language stricken by such section is revived as of
November 14, 1986.''
REPEALS
Section 403(b) of act June 27, 1952, provided that: ''Except as
otherwise provided in section 405 (set out below), all other laws,
or parts of laws, in conflict or inconsistent with this Act (this
chapter) are, to the extent of such conflict or inconsistency,
repealed.''
REGULATIONS
Section 303(a)(8) of Pub. L. 102-232 provided that: ''The
Secretary of Labor shall issue final or interim final regulations
to implement the changes made by this section to section
101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n)) no later
than January 2, 1992.''
Pub. L. 102-140, title VI, Sec. 610, Oct. 28, 1991, 105 Stat.
832, as amended by Pub. L. 103-416, title II, Sec. 219(l)(2), Oct.
25, 1994, 108 Stat. 4317, provided that:
''(a) The Attorney General shall prescribe regulations under
title 5, United States Code, to carry out section 404(b)(1) of the
Immigration and Nationality Act (act June 27, 1952, as amended, set
out as a note above), including a delineation of (1) scenarios that
constitute an immigration emergency, (2) the process by which the
President declares an immigration emergency, (3) the role of the
Governor and local officials in requesting a declaration of
emergency, (4) a definition of 'assistance as required by the
Attorney General', and (5) the process by which States and
localities are to be reimbursed.
''(b) The Attorney General shall prescribe regulations under
title 5, United States Code, to carry out section 404(b)(2) of such
Act, including providing a definition of the terms in section
404(b)(2)(A)(ii) and a delineation of 'in any other circumstances'
in section 404(b)(2)(A)(iii) of such Act.
''(c) The regulations under this section shall be published for
comment not later than 30 days after the date of enactment of this
Act (Oct. 28, 1991) and issued in final form not later than 15 days
after the end of the comment period.''
SAVINGS CLAUSE
Section 405 of act June 27, 1952, provided in part that:
''(a) Nothing contained in this Act (this chapter), unless
otherwise specifically provided therein, shall be construed to
affect the validity of any declaration of intention, petition for
naturalization, certificate of naturalization, certificate of
citizenship, warrant of arrest, order or warrant of deportation,
order of exclusion, or other document or proceeding which shall be
valid at the time this Act (this chapter) shall take effect; or to
affect any prosecution, suit, action, or proceedings, civil or
criminal, brought, or any status, condition, right in process of
acquisition, act, thing, liability, obligation, or matter, civil or
criminal done or existing, at the time this Act (this chapter)
shall take effect; but as to all such prosecutions, suits, actions,
proceedings, statutes, conditions, rights, acts, things,
liabilities, obligations, or matters the statutes or parts of
statutes repealed by this Act (this chapter) are, unless otherwise
specifically provided therein, hereby continued in force and
effect. When an immigrant, in possession of an unexpired immigrant
visa issued prior to the effective date of this Act (this chapter),
makes application for admission, his admissibility shall be
determined under the provisions of law in effect on the date of the
issuance of such visa. An application for suspension of
deportation under section 19 of the Immigration Act of 1917, as
amended (former section 155 of this title), or for adjustment of
status under section 4 of the Displaced Persons Act of 1948, as
amended (former section 1953 of Appendix to Title 50), which is
pending on the date of enactment of this Act (June 27, 1952), shall
be regarded as a proceeding within the meaning of this subsection.
''(b) Except as otherwise specifically provided in title III
(subchapter III of this chapter), any petition for naturalization
heretofore filed which may be pending at the time this Act (this
chapter) shall take effect shall be heard and determined in
accordance with the requirements of law in effect when such
petition was filed.
''(c) Except as otherwise specifically provided in this Act (this
chapter), the repeal of any statute by this Act (this chapter)
shall not terminate nationality heretofore lawfully acquired nor
restore nationality heretofore lost under any law of the United
States or any treaty to which the United States may have been a
party.
''(d) Except as otherwise specifically provided in this Act (this
chapter), or any amendment thereto, fees, charges and prices for
purposes specified in title V of the Independent Offices
Appropriation Act, 1952 (Public Law 137, Eighty-second Congress,
approved August 31, 1951), may be fixed and established in the
manner and by the head of any Federal Agency as specified in that
Act.
''(e) This Act (this chapter) shall not be construed to repeal,
alter, or amend section 231(a) of the Act of April 30, 1946 (60
Stat. 148; (section 1281(a) of title 22)), the Act of June 20, 1949
(Public Law 110, section 8, Eighty-first Congress, first session;
63 Stat. 208 (section 403h of title 50)), the Act of June 5, 1950
(Public Law 535, Eighty-first Congress, second session (former
section 1501 et seq. of title 22)), nor title V of the Agricultural
Act of 1949, as amended (Public Law 78, Eighty-second Congress,
first session (former sections 1461 to 1468 of title 7)).''
SEPARABILITY
Section 1(e) of div. C of Pub. L. 104-208 provided that: ''If
any provision of this division (see Tables for classification) or
the application of such provision to any person or circumstances is
held to be unconstitutional, the remainder of this division and the
application of the provisions of this division to any person or
circumstance shall not be affected thereby.''
Section 406 of act June 27, 1952, provided that: ''If any
particular provision of this Act (this chapter), or the application
thereof to any person or circumstance, is held invalid, the
remainder of the Act (this chapter) and the application of such
provision to other persons or circumstances shall not be affected
thereby.''
ADMISSION OF ALASKA AS STATE
Effectiveness of amendment of this section by Pub. L. 85-508 as
dependent on admission of State of Alaska into the Union, see
section 8(b) of Pub. L. 85-508, set out as a note preceding section
21 of Title 48, Territories and Insular Possessions.
ADMISSION OF HAWAII AS STATE
Admission of Hawaii into the Union was accomplished Aug. 21,
1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868,
73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,
Mar. 18, 1959, 73 Stat. 4, set out as notes preceding former
section 491 of Title 48, Territories and Insular Possessions.
APPROPRIATIONS
Section 404 of act June 27, 1952, as amended by acts Dec. 29,
1981, Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub.
L. 99-603, title I, Sec. 113, 100 Stat. 3383; Nov. 29, 1990, Pub.
L. 101-649, title VII, Sec. 705(a), 104 Stat. 5087; Dec. 12, 1991,
Pub. L. 102-232, title III, Sec. 308(d), 105 Stat. 1757, provided
that:
''(a) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act (this chapter)
(other than chapter 2 of title IV) (subchapter IV of this chapter).
''(b)(1) There are authorized to be appropriated (for fiscal year
1991 and any subsequent fiscal year) to an immigration emergency
fund, to be established in the Treasury, an amount sufficient to
provide for a balance of $35,000,000 in such fund, to be used to
carry out paragraph (2) and to provide for an increase in border
patrol or other enforcement activities of the Service and for
reimbursement of State and localities in providing assistance as
requested by the Attorney General in meeting an immigration
emergency, except that no amounts may be withdrawn from such fund
with respect to an emergency unless the President has determined
that the immigration emergency exists and has certified such fact
to the Judiciary Committees of the House of Representatives and of
the Senate.
''(2)(A) Funds which are authorized to be appropriated by
paragraph (1), subject to the dollar limitation contained in
subparagraph (B), shall be available, by application for the
reimbursement of States and localities providing assistance as
required by the Attorney General, to States and localities whenever
-
''(i) a district director of the Service certifies to the
Commissioner that the number of asylum applications filed in the
respective district during a calendar quarter exceeds by at least
1,000 the number of such applications filed in that district
during the preceding calendar quarter,
''(ii) the lives, property, safety, or welfare of the residents
of a State or locality are endangered, or
''(iii) in any other circumstances as determined by the
Attorney General.
In applying clause (i), the providing of parole at a point of entry
in a district shall be deemed to constitute an application for
asylum in the district.
''(B) Not more than $20,000,000 shall be made available for all
localities under this paragraph.
''(C) For purposes of subparagraph (A), the requirement of
paragraph (1) that an immigration emergency be determined shall not
apply.
''(D) A decision with respect to an application for reimbursement
under subparagraph (A) shall be made by the Attorney General within
15 days after the date of receipt of the application.''
(Section 705(b) of Pub. L. 101-649 provided that: ''Section
404(b)(2)(A)(i) of the Immigration and Nationality Act (act June
27, 1952, set out above), as added by the amendment made by
subsection (a)(5), shall apply with respect to increases in the
number of asylum applications filed in a calendar quarter beginning
on or after January 1, 1989. The Attorney General may not spend any
amounts from the immigration emergency fund pursuant to the
amendments made by subsection (a) (amending section 404 of act June
27, 1952, set out above) before October 1, 1991.'')
(Determination of President of the United States, No. 97-16, Feb.
12, 1997, 62 F.R. 13981, provided that immigration emergency
determined by President in 1995 to exist with respect to smuggling
into United States of illegal aliens persisted and directed use of
Immigration Emergency Fund established by section 404(b)(1) of act
June 27, 1952, set out above.
(Prior determination was contained in the following:
(Determination of President of the United States, No. 95-49,
Sept. 28, 1995, 60 F.R. 53677.)
PHILIPPINE TRADERS AS NONIMMIGRANTS
Philippine traders classifiable as nonimmigrants under subsec.
(a)(15)(E) of this section, see section 1184a of this title.
COORDINATION OF AMENDMENTS BY PUB. L. 104-208
Section 1(b) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise specifically provided -
''(1) whenever in this division (see Tables for classification)
an amendment or repeal is expressed as the amendment or repeal of
a section or other provision, the reference shall be considered
to be made to that section or provision in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
''(2) amendments to a section or other provision are to such
section or other provision before any amendment made to such
section or other provision elsewhere in this division.''
APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L. 104-208 TO
FOREIGN ASSISTANCE
Section 592 of title V of div. C of Pub. L. 104-208 provided
that: ''This title (see Effective Date of 1996 Amendment note
above) does not apply to any Federal, State, or local governmental
program, assistance, or benefits provided to an alien under any
program of foreign assistance as determined by the Secretary of
State in consultation with the Attorney General.''
NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF CHANGES REGARDING
ELIGIBILITY FOR PROGRAMS
Section 593 of title V of div. C of Pub. L. 104-208 provided
that:
''(a) In General. - Each agency of the Federal Government or a
State or political subdivision that administers a program affected
by the provisions of this title (see Effective Date of 1996
Amendment note above), shall, directly or through the States,
provide general notification to the public and to program
recipients of the changes regarding eligibility for any such
program pursuant to this title.
''(b) Failure To Give Notice. - Nothing in this section shall be
construed to require or authorize continuation of eligibility if
the notice under this section is not provided.''
REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO
PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS
Section 601(a)(2) of div. C of Pub. L. 104-208 provided that:
''Not later than 90 days after the end of each fiscal year, the
Attorney General shall submit a report to the Committee on the
Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate describing the number and countries of
origin of aliens granted refugee status or asylum under
determinations pursuant to the amendment made by paragraph (1)
(amending this section). Each such report shall also contain
projections regarding the number and countries of origin of aliens
that are likely to be granted refugee status or asylum for the
subsequent 2 fiscal years.''
SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; REQUIREMENTS
FOR NOTICE
Section 648 of div. C of Pub. L. 104-208 provided that:
''(a) Purchase of American-Made Equipment and Products. - It is
the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available
under this division (see Tables for classification) should be
American-made.
''(b) Notice to Recipients of Grants. - In providing grants under
this division, the Attorney General, to the greatest extent
practicable, shall provide to each recipient of a grant a notice
describing the statement made in subsection (a) by the Congress.''
IMPROVING BORDER CONTROLS
Section 130006 of Pub. L. 103-322 provided that:
''(a) Authorization of Appropriations. - There are authorized to
be appropriated for the Immigration and Naturalization Service to
increase the resources for the Border Patrol, the Inspections
Program, and the Deportation Branch to apprehend illegal aliens who
attempt clandestine entry into the United States or entry into the
United States with fraudulent documents or who remain in the
country after their nonimmigrant visas expire -
''(1) $228,000,000 for fiscal year 1995;
''(2) $185,000,000 for fiscal year 1996;
''(3) $204,000,000 for fiscal year 1997; and
''(4) $58,000,000 for fiscal year 1998.
''Of the sums authorized in this section, all necessary funds
shall, subject to the availability of appropriations, be allocated
to increase the number of agent positions (and necessary support
personnel positions) in the Border Patrol by not less than 1,000
full-time equivalent positions in each of fiscal years 1995, 1996,
1997, and 1998 beyond the number funded as of October 1, 1994.
''(b) Report. - By September 30, 1996 and September 30, 1998, the
Attorney General shall report to the Congress on the programs
described in this section. The report shall include an evaluation
of the programs, an outcome-based measurement of performance, and
an analysis of the cost effectiveness of the additional resources
provided under this Act (see Tables for classification).''
VISAS FOR OFFICIALS OF TAIWAN
Section 221 of Pub. L. 103-416, as amended by Pub. L. 104-208,
div. C, title III, Sec. 308(d)(3)(E), title VI, Sec. 671(b)(12),
Sept. 30, 1996, 110 Stat. 3009-617, 3009-722, provided that:
''Whenever the President of Taiwan or any other high-level official
of Taiwan shall apply to visit the United States for the purposes
of discussions with United States Federal or State government
officials concerning -
''(1) trade or business with Taiwan that will reduce the United
States-Taiwan trade deficit,
''(2) prevention of nuclear proliferation,
''(3) threats to the national security of the United States,
''(4) the protection of the global environment,
''(5) the protection of endangered species, or
''(6) regional humanitarian disasters,
the official shall be admitted to the United States, unless the
official is otherwise inadmissible under the immigration laws of
the United States.''
CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS
Section 225 of Pub. L. 103-416, as amended by Pub. L. 104-132,
title IV, Sec. 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L.
104-208, div. C, title III, Sec. 308(c)(4)(B), Sept. 30, 1996, 110
Stat. 3009-616, provided that: ''No amendment made by this Act (see
Tables for classification) shall be construed to create any
substantive or procedural right or benefit that is legally
enforceable by any party against the United States or its agencies
or officers or any other person.''
(Amendment by Pub. L. 104-132 effective as if included in
enactment of Pub. L. 103-416, see section 436(b)(3) of Pub. L.
104-132 set out as an Effective Date of 1996 Amendment note under
section 1252 of this title.)
REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS
Section 202(b) of Pub. L. 102-232 directed Comptroller General,
by not later than Oct. 1, 1994, to submit to Committees on the
Judiciary of Senate and of House of Representatives a report
containing information relating to the admission of artists,
entertainers, athletes, and related support personnel as
nonimmigrants under 8 U.S.C. 1101(a)(15)(O), (P), and information
on the laws, regulations, and practices in effect in other
countries that affect United States citizens and permanent resident
aliens in the arts, entertainment, and athletics, in order to
evaluate the impact of such admissions, laws, regulations, and
practices on such citizens and aliens, directed Chairman of the
Committee on the Judiciary of Senate to make the report available
to interested parties and to hold a hearing respecting the report
and directed such Committee to report to Senate its findings and
any legislation it deems appropriate.
DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF PROVISIONS RELATING
TO NONIMMIGRANT ARTISTS, ATHLETES, ENTERTAINERS, AND FASHION MODELS
Section 3 of Pub. L. 102-110 provided that: ''Section
214(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(C)) shall not apply to the issuance of visas or
provision of status before April 1, 1992. Aliens seeking
nonimmigrant admission as artists, athletes, entertainers, or
fashion models (or for the purpose of accompanying or assisting in
an artistic or athletic performance) before April 1, 1992, shall
not be admitted under subparagraph (O)(i), (O)(ii), (P)(i), or
(P)(iii) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)),
but may be admitted under the terms of subparagraph (H)(i)(b) of
such section (as in effect on September 30, 1991).''
COMMISSION ON IMMIGRATION REFORM
Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided
that:
''(a) Establishment and Composition of Commission. - (1)
Effective October 1, 1991, there is established a Commission on
Immigration Reform (in this section referred to as the
'Commission') which shall be composed of 9 members to be appointed
as follows:
''(A) One member who shall serve as Chairman, to be appointed
by the President.
''(B) Two members to be appointed by the Speaker of the House
of Representatives who shall select such members from a list of
nominees provided by the Chairman of the Committee on the
Judiciary of the House of Representatives.
''(C) Two members to be appointed by the Minority Leader of the
House of Representatives who shall select such members from a
list of nominees provided by the ranking minority member of the
Subcommittee on Immigration, Refugees, and International Law of
the Committee on the Judiciary of the House of Representatives.
''(D) Two members to be appointed by the Majority Leader of the
Senate who shall select such members from a list of nominees
provided by the Chairman of the Subcommittee on Immigration and
Refugee Affairs of the Committee on the Judiciary of the Senate.
''(E) Two members to be appointed by the Minority Leader of the
Senate who shall select such members from a list of nominees
provided by the ranking minority member of the Subcommittee on
Immigration and Refugee Affairs of the Committee on the Judiciary
of the Senate.
''(2) Initial appointments to the Commission shall be made during
the 45-day period beginning on October 1, 1991. A vacancy in the
Commission shall be filled in the same manner in which the original
appointment was made.
''(3) Members shall be appointed to serve for the life of the
Commission, except that the term of the member described in
paragraph (1)(A) shall expire at noon on January 20, 1993, and the
President shall appoint an individual to serve for the remaining
life of the Commission.
''(b) Functions of Commission. - The Commission shall -
''(1) review and evaluate the impact of this Act and the
amendments made by this Act (see Tables for classification), in
accordance with subsection (c); and
''(2) transmit to the Congress -
''(A) not later than September 30, 1994, a first report
describing the progress made in carrying out paragraph (1), and
''(B) not later than September 30, 1997, a final report
setting forth the Commission's findings and recommendations,
including such recommendations for additional changes that
should be made with respect to legal immigration into the
United States as the Commission deems appropriate.
''(c) Considerations. -
''(1) Particular considerations. - In particular, the
Commission shall consider the following:
''(A) The requirements of citizens of the United States and
of aliens lawfully admitted for permanent residence to be
joined in the United States by immediate family members and the
impact which the establishment of a national level of
immigration has upon the availability and priority of family
preference visas.
''(B) The impact of immigration and the implementation of the
employment-based and diversity programs on labor needs,
employment, and other economic and domestic conditions in the
United States.
''(C) The social, demographic, and natural resources impact
of immigration.
''(D) The impact of immigration on the foreign policy and
national security interests of the United States.
''(E) The impact of per country immigration levels on
family-sponsored immigration.
''(F) The impact of the numerical limitation on the
adjustment of status of aliens granted asylum.
''(G) The impact of the numerical limitations on the
admission of nonimmigrants under section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)).
''(2) Diversity program. - The Commission shall analyze the
information maintained under section 203(c)(3) of the Immigration
and Nationality Act (8 U.S.C. 1153(c)(3)) and shall report to
Congress in its report under subsection (b)(2) on -
''(A) the characteristics of individuals admitted under
section 203(c) of the Immigration and Nationality Act, and
''(B) how such characteristics compare to the characteristics
of family-sponsored immigrants and employment-based immigrants.
The Commission shall include in the report an assessment of the
effect of the requirement of paragraph (2) of section 203(c) of
the Immigration and Nationality Act on the diversity,
educational, and skill level of aliens admitted.
''(d) Compensation of Members. - (1) Each member of the
Commission who is not an officer or employee of the Federal
Government is entitled to receive, subject to such amounts as are
provided in advance in appropriations Acts, pay at the daily
equivalent of the minimum annual rate of basic pay in effect for
grade GS-18 of the General Schedule. Each member of the Commission
who is such an officer or employee shall serve without additional
pay.
''(2) While away from their homes or regular places of business
in the performance of services for the Commission, members of the
Commission shall be allowed travel expenses, including per diem in
lieu of subsistence.
''(e) Meetings, Staff, and Authority of Commission. - The
provisions of subsections (e) through (g) of section 304 of the
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, set out
as a note under section 1160 of this title) shall apply to the
Commission in the same manner as they apply to the Commission
established under such section, except that paragraph (2) of
subsection (e) thereof shall not apply.
''(f) Authorization of Appropriations. - (1) There are authorized
to be appropriated to the Commission such sums as may be necessary
to carry out this section.
''(2) Notwithstanding any other provision of this section, the
authority to make payments, or to enter into contracts, under this
section shall be effective only to such extent, or in such amounts,
as are provided in advance in appropriations Acts.
''(g) Termination Date. - The Commission shall terminate on the
date on which a final report is required to be transmitted under
subsection (b)(2)(B), except that the Commission may continue to
function until January 1, 1998, for the purpose of concluding its
activities, including providing testimony to standing committees of
Congress concerning its final report under this section and
disseminating that report.
''(h) Congressional Response. - (1) No later than 90 days after
the date of receipt of each report transmitted under subsection
(b)(2), the Committees on the Judiciary of the House of
Representatives and of the Senate shall initiate hearings to
consider the findings and recommendations of the report.
''(2) No later than 180 days after the date of receipt of such a
report, each such Committee shall report to its respective House
its oversight findings and any legislation it deems appropriate.
''(i) Presidential Report. - The President shall conduct a review
and evaluation and provide for the transmittal of reports to the
Congress in the same manner as the Commission is required to
conduct a review and evaluation and to transmit reports under
subsection (b).''
(References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.)
SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED
STATES MISSION IN HONG KONG (D SPECIAL IMMIGRANTS)
Section 152 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 302(d)(1), Dec. 12, 1991, 105 Stat. 1744, provided
that:
''(a) In General. - Subject to subsection (c), an alien described
in subsection (b) shall be treated as a special immigrant described
in section 101(a)(27)(D) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(27)(D)).
''(b) Aliens Covered. - An alien is described in this subsection
if -
''(1) the alien is -
''(A) an employee at the United States consulate in Hong Kong
under the authority of the Chief of Mission (including
employment pursuant to section 5913 of title 5, United States
Code) and has performed faithful service as such an employee
for a total of three years or more, or
''(B) a member of the immediate family (as defined in 6
Foreign Affairs Manual 117k as of the date of the enactment of
this Act (Nov. 29, 1990)) of an employee described in
subparagraph (A) who has been living with the employee in the
same household;
''(2) the welfare of the employee or such an immediate family
member is subject to a clear threat due directly to the
employee's employment with the United States Government or under
a United States Government official; and
''(3) the principal officer in Hong Kong, in the officer's
discretion, has recommended the granting of special immigrant
status to such alien in exceptional circumstances and the
Secretary of State approves such recommendation and finds that it
is in the national interest to grant such status.
''(c) Expiration. - Subsection (a) shall only apply to aliens who
file an application for special immigrant status under this section
by not later than January 1, 2002.
''(d) Limited Waiver of Numerical Limitations. - The first 500
visas made available to aliens as special immigrants under this
section shall not be counted against any numerical limitation
established under section 201 or 202 of the Immigration and
Nationality Act (8 U.S.C. 1151 or 1152).''
INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649
Amendment by section 203(c) of Pub. L. 101-649 not to affect
performance of longshore work in United States by citizens or
nationals of United States, see section 203(a)(2) of Pub. L.
101-649, set out as a note under section 1288 of this title.
APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN STATES
Section 204(b) of Pub. L. 101-649 provided that: ''Each of the
following foreign states shall be considered, for purposes of
section 101(a)(15)(E) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(E)), to be a foreign state described in such
section if the foreign state extends reciprocal nonimmigrant
treatment to nationals of the United States:
''(1) The largest foreign state in each region (as defined in
section 203(c)(1) of the Immigration and Nationality Act (8
U.S.C. 1153(c)(1))) which (A) has 1 or more dependent areas (as
determined for purposes of section 202 of such Act (8 U.S.C.
1152)) and (B) does not have a treaty of commerce and navigation
with the United States.
''(2) The foreign state which (A) was identified as an
adversely affected foreign state for purposes of section 314 of
the Immigration Reform and Control Act of 1986 (Pub. L. 99-603,
set out as a note under section 1153 of this title) and (B) does
not have a treaty of commerce and navigation with the United
States, but (C) had such a treaty with the United States before
1925.''
CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING
FIRMS
Section 206(a) of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(a)(9), Dec. 12, 1991, 105 Stat. 1748, provided
that: ''In applying sections 101(a)(15)(L) and 203(b)(1)(C) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L),
1153(b)(1)(C)) and section 124(a)(3)(A) of this Act (set out as a
note under section 1153 of this title), in the case of a
partnership that is organized in the United States to provide
accounting services and that markets its accounting services under
an internationally recognized name under an agreement with a
worldwide coordinating organization that is owned and controlled by
the member accounting firms, a partnership (or similar
organization) that is organized outside the United States to
provide accounting services shall be considered to be an affiliate
of the United States partnership if it markets its accounting
services under the same internationally recognized name under the
agreement with the worldwide coordinating organization of which the
United States partnership is also a member.''
ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT,
AND COPRODUCTION PROJECTS
Section 222 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(b)(3), Dec. 12, 1991, 105 Stat. 1748, provided
that:
''(a) In General. - Subject to subsection (b), the Attorney
General shall provide for nonimmigrant status in the case of an
alien who -
''(1) has a residence in a foreign country which the alien has
no intention of abandoning, and
''(2) is coming to the United States, upon a basis of
reciprocity, to perform services of an exceptional nature
requiring such merit and ability relating to a cooperative
research and development project or a coproduction project
provided under a government-to-government agreement administered
by the Secretary of Defense, but not to exceed a period of more
than 10 years,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
''(b) Numerical Limitation. - The number of aliens who may be
admitted as (or otherwise be provided the status of) a nonimmigrant
under this section at any time may not exceed 100.''
ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR PROGRAM
Section 223 of Pub. L. 101-649, as amended by Pub. L. 102-232,
title III, Sec. 303(b)(4), Dec. 12, 1991, 105 Stat. 1748, provided
that:
''(a) In General. - Subject to subsection (b), the Attorney
General shall provide for nonimmigrant status in the case of an
alien who -
''(1) has a residence in a foreign country which the alien has
no intention of abandoning, and
''(2) is coming temporarily to the United States (for a period
not to exceed 18 months) as a participant in a special education
training program which provides for practical training and
experience in the education of children with physical, mental, or
emotional disabilities,
or who is the spouse or minor child of such an alien if
accompanying or following to join the alien.
''(b) Numerical Limitation. - The number of aliens who may be
admitted as (or otherwise be provided the status of) a nonimmigrant
under this section in any fiscal year may not exceed 50.''
EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN NONIMMIGRANTS
EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND
COPRODUCTION PROJECTS
Pub. L. 101-189, div. A, title IX, Sec. 937, Nov. 29, 1989, 103
Stat. 1538, provided that: ''The Attorney General shall provide for
the extension through December 31, 1991, of nonimmigrant status
under section 101(a)(15)(H)(i) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform
temporarily services relating to a cooperative research and
development project or a coproduction project provided under a
government-to-government agreement administered by the Secretary of
Defense in the case of an alien who has had such status for a
period of at least five years if such status has not expired as of
the date of the enactment of this Act (Nov. 29, 1989) but would
otherwise expire during 1989, 1990, or 1991, due only to the time
limitations with respect to such status.''
EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES THROUGH
DECEMBER 31, 1989
Pub. L. 100-658, Sec. 4, Nov. 15, 1988, 102 Stat. 3909, provided
that: ''The Attorney General shall provide for the extension
through December 31, 1989, of nonimmigrant status under section
101(a)(15)(H)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)) for an alien to perform temporarily services as
a registered nurse in the case of an alien who has had such status
for a period of at least 5 years if -
''(1) such status has not expired as of the date of the
enactment of this Act (Nov. 15, 1988) but would otherwise expire
during 1988 or 1989, due only to the time limitation with respect
to such status; or
''(2)(A) the alien's status as such a nonimmigrant expired
during the period beginning on January 1, 1987, and ending on the
date of the enactment of this Act, due only to the time
limitation with respect to such status,
''(B) the alien is present in the United States as of the date
of the enactment of this Act,
''(C) the alien has been employed as a registered nurse in the
United States since the date of expiration of such status, and
''(D) in the case of an alien whose status expired during 1987,
the alien's employer has filed with the Immigration and
Naturalization Service, before the date of the enactment of this
Act, an appeal of a petition filed in connection with the alien's
application for extension of such status.''
RESIDENCE WITHIN UNITED STATES CONTINUED DURING PERIOD OF ABSENCE
Section 2(o)(2) of Pub. L. 100-525 provided that: ''Only for
purposes of section 101(a)(27)(I) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(I)), an alien who is or was
an officer or employee of an international organization (or is the
unmarried son or daughter or surviving spouse of such an officer or
employee or former officer or employee) is considered to be
residing and physically present in the United States during a
period in which the alien is residing in the United States but is
absent from the United States because of the officer's or
employee's need to conduct official business on behalf of the
organization or because of customary leave, but only if during the
period of the absence the officer or employee continues to have a
duty station in the United States and, in the case of such an
unmarried son or daughter, the son or daughter is not enrolled in a
school outside the United States.''
NONIMMIGRANT TRADERS AND INVESTORS UNDER UNITED STATES-CANADA
FREE-TRADE AGREEMENT
For provisions allowing Canadian citizens to be classifiable as
nonimmigrants under subsec. (a)(15)(E) of this section upon a basis
of reciprocity secured by the United States-Canada Free-Trade
Agreement, see section 307(a) of Pub. L. 100-449, set out in a note
under section 2112 of Title 19, Customs Duties.
AMERASIAN IMMIGRATION
Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-15, as
amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat.
1211; Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 228; Pub.
L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided:
''That the provisions of subsection (c) of section 584 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988, as contained in section 101(e) of Public
Law 100-202 (set out below), shall apply to an individual who (1)
departs from Vietnam after the date of the enactment of this Act
(Oct. 1, 1988), and (2) is described in subsection (b) of such
section, but who is issued an immigrant visa under section 201(b)
or 203(a) of the Immigration and Nationality Act (8 U.S.C. 1151(b),
1153(a)) (rather than under subsection (a) of such section), or
would be described in subsection (b) of such section if such
section also applied to principal aliens who were citizens of the
United States (rather than merely to aliens)''.
Pub. L. 100-202, Sec. 101(e) (title V, Sec. 584), Dec. 22, 1987,
101 Stat. 1329-183, as amended by Pub. L. 101-167, title II, Nov.
21, 1989, 103 Stat. 1211; Pub. L. 101-513, title II, Nov. 5, 1990,
104 Stat. 1996; Pub. L. 101-649, title VI, Sec. 603(a)(20), Nov.
29, 1990, 104 Stat. 5084; Pub. L. 102-232, title III, Sec.
307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided that:
''(a)(1) Notwithstanding any numerical limitations specified in
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the
Attorney General may admit aliens described in subsection (b) to
the United States as immigrants if -
''(A) they are admissible (except as otherwise provided in
paragraph (2)) as immigrants, and
''(B) they are issued an immigrant visa and depart from Vietnam
on or after March 22, 1988.
''(2) The provisions of paragraphs (4), (5), and (7)(A) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4), (5), and (7)(A)) shall not be applicable to any alien
seeking admission to the United States under this section, and the
Attorney General on the recommendation of a consular officer may
waive any other provision of such section (other than paragraph
(2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) with
respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest. Any
such waiver by the Attorney General shall be in writing and shall
be granted only on an individual basis following an investigation
by a consular officer.
''(3) Notwithstanding section 221(c) of the Immigration and
Nationality Act (8 U.S.C. 1201(c)), immigrant visas issued to
aliens under this section shall be valid for a period of one year.
''(b)(1) An alien described in this section is an alien who, as
of the date of the enactment of this Act (Dec. 22, 1987), is
residing in Vietnam and who establishes to the satisfaction of a
consular officer or an officer of the Immigration and
Naturalization Service after a face-to-face interview, that the
alien -
''(A)(i) was born in Vietnam after January 1, 1962, and before
January 1, 1976, and (ii) was fathered by a citizen of the United
States (such an alien in this section referred to as a 'principal
alien');
''(B) is the spouse or child of a principal alien and is
accompanying, or following to join, the principal alien; or
''(C) subject to paragraph (2), either (i) is the principal
alien's natural mother (or is the spouse or child of such
mother), or (ii) has acted in effect as the principal alien's
mother, father, or next-of-kin (or is the spouse or child of such
an alien), and is accompanying, or following to join, the
principal alien.
''(2) An immigrant visa may not be issued to an alien under
paragraph (1)(C) unless the officer referred to in paragraph (1)
has determined, in the officer's discretion, that (A) such an alien
has a bona fide relationship with the principal alien similar to
that which exists between close family members and (B) the
admission of such an alien is necessary for humanitarian purposes
or to assure family unity. If an alien described in paragraph
(1)(C)(ii) is admitted to the United States, the natural mother of
the principal alien involved shall not, thereafter, be accorded any
right, privilege, or status under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) by virtue of such parentage.
''(3) For purposes of this section, the term 'child' has the
meaning given such term in section 101(b)(1)(A), (B), (C), (D), and
(E) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)(A)-(E)).
''(c) Any alien admitted (or awaiting admission) to the United
States under this section shall be eligible for benefits under
chapter 2 of title IV of the Immigration and Nationality Act (8
U.S.C. 1521 et seq.) to the same extent as individuals admitted (or
awaiting admission) to the United States under section 207 of such
Act (8 U.S.C. 1157) are eligible for benefits under such chapter.
''(d) The Attorney General, in cooperation with the Secretary of
State, shall report to Congress 1 year, 2 years, and 3 years, after
the date of the enactment of this Act (Dec. 22, 1987) on the
implementation of this section. Each such report shall include the
number of aliens who are issued immigrant visas and who are
admitted to the United States under this section and number of
waivers granted under subsection (a)(2) and the reasons for
granting such waivers.
''(e) Except as otherwise specifically provided in this section,
the definitions contained in the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) shall apply in the administration of this
section and nothing contained in this section shall be held to
repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law
relating to immigration, nationality, or naturalization. The fact
that an alien may be eligible to be granted the status of having
been lawfully admitted for permanent residence under this section
shall not preclude the alien from seeking such status under any
other provision of law for which the alien may be eligible.''
(Section 307(l)(8) of Pub. L. 102-232 provided that the amendment
made by that section to section 101(e) (title V, Sec. 584(a)(2)) of
Pub. L. 100-202, set out above, is effective as if included in
section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.)
(Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996,
provided that the amendment made by Pub. L. 101-513 to Pub. L.
100-202, Sec. 101(e) (title V, Sec. 584(b)(2)), set out above, is
effective Dec. 22, 1987.)
AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND SERVICE
ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE
Section 111 of Pub. L. 99-603 provided that:
''(a) Two Essential Elements. - It is the sense of Congress that
two essential elements of the program of immigration control
established by this Act (see Short Title of 1986 Amendments note
above) are -
''(1) an increase in the border patrol and other inspection and
enforcement activities of the Immigration and Naturalization
Service and of other appropriate Federal agencies in order to
prevent and deter the illegal entry of aliens into the United
States and the violation of the terms of their entry, and
''(2) an increase in examinations and other service activities
of the Immigration and Naturalization Service and other
appropriate Federal agencies in order to ensure prompt and
efficient adjudication of petitions and applications provided for
under the Immigration and Nationality Act (this chapter).
''(b) Increased Authorization of Appropriations for INS and EOIR.
- In addition to any other amounts authorized to be appropriated,
in order to carry out this Act there are authorized to be
appropriated to the Department of Justice -
''(1) for the Immigration and Naturalization Service, for
fiscal year 1987, $422,000,000, and for fiscal year 1988,
$419,000,000; and
''(2) for the Executive Office of Immigration Review, for
fiscal year 1987, $12,000,000, and for fiscal year 1988,
$15,000,000.
Of the amounts authorized to be appropriated under paragraph (1)
sufficient funds shall be available to provide for an increase in
the border patrol personnel of the Immigration and Naturalization
Service so that the average level of such personnel in each of
fiscal years 1987 and 1988 is at least 50 percent higher than such
level for fiscal year 1986.
''(c) Use of Funds for Improved Services. - Of the funds
appropriated to the Department of Justice for the Immigration and
Naturalization Service, the Attorney General shall provide for
improved immigration and naturalization services and for enhanced
community outreach and in-service training of personnel of the
Service. Such enhanced community outreach may include the
establishment of appropriate local community taskforces to improve
the working relationship between the Service and local community
groups and organizations (including employers and organizations
representing minorities).
''(d) Supplemental Authorization of Appropriations for Wage and
Hour Enforcement. - There are authorized to be appropriated, in
addition to such sums as may be available for such purposes, such
sums as may be necessary to the Department of Labor for enforcement
activities of the Wage and Hour Division and the Office of Federal
Contract Compliance Programs within the Employment Standards
Administration of the Department in order to deter the employment
of unauthorized aliens and remove the economic incentive for
employers to exploit and use such aliens.''
ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL
ASSISTANCE
Section 305 of Pub. L. 99-603 provided that: ''A nonimmigrant
worker admitted to or permitted to remain in the United States
under section 101(a)(15)(H)(ii)(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural
labor or service shall be considered to be an alien described in
section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes
of establishing eligibility for legal assistance under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.), but only with
respect to legal assistance on matters relating to wages, housing,
transportation, and other employment rights as provided in the
worker's specific contract under which the nonimmigrant was
admitted.''
DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE OF STRIKES
Section 315(d) of Pub. L. 99-603 provided that:
''(1) Except as provided in paragraph (2), during the one-year
period beginning on the date of the enactment of this Act (Nov. 6,
1986), an alien may not be admitted to the United States as an
alien crewman (under section 101(a)(15)(D) of the Immigration and
Nationality Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of
performing service on board a vessel or aircraft at a time when
there is a strike in the bargaining unit of the employer in which
the alien intends to perform such service.
''(2) Paragraph (1) shall not apply to an alien employee who was
employed before the date of the strike concerned and who is seeking
admission to enter the United States to continue to perform
services as a crewman to the same extent and on the same routes as
the alien performed such services before the date of the strike.''
SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO
Section 407 of Pub. L. 99-603 provided that: ''It is the sense of
the Congress that the President of the United States should consult
with the President of the Republic of Mexico within 90 days after
enactment of this Act (Nov. 6, 1986) regarding the implementation
of this Act (see Short Title of 1986 Amendments note above) and its
possible effect on the United States or Mexico. After the
consultation, it is the sense of the Congress that the President
should report to the Congress any legislative or administrative
changes that may be necessary as a result of the consultation and
the enactment of this legislation.''
COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE
ECONOMIC DEVELOPMENT
Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525,
Sec. 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for
establishment, membership, etc., of a Commission for the Study of
International Migration and Cooperative Economic Development to
examine, in consultation with governments of Mexico and other
sending countries in Western Hemisphere, the conditions which
contribute to unauthorized migration to United States and mutually
beneficial reciprocal trade and investment programs to alleviate
conditions leading to such unauthorized migration and to report to
President and Congress, not later than 3 years after appointment of
members of Commission, on results of Commission's examination with
recommendations on providing mutually beneficial reciprocal trade
and investment programs to alleviate such unauthorized migration.
TREATMENT OF DEPARTURES FROM GUAM
Section 2 of Pub. L. 99-505 provided that: ''In the
administration of section 101(a)(15)(D)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(D)(ii)) (added by the
amendment made by section 1 of this Act), an alien crewman shall be
considered to have departed from Guam after leaving the territorial
waters of Guam, without regard to whether the alien arrives in a
foreign state before returning to Guam.''
ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT
Priv. L. 98-53, Oct. 30, 1984, 98 Stat. 3437, provided: ''That an
alien lawfully admitted to the United States for permanent
residence shall be considered, for purposes of section
101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(A)), to be temporarily visiting abroad during any
period (before or after the date of the enactment of this Act (Oct.
30, 1984)) in which the alien is employed by the American
University of Beirut.''
STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR GRADUATE MEDICAL
EDUCATION OF ALIEN GRADUATES OF FOREIGN MEDICAL SCHOOLS; REPORT TO
CONGRESS NOT LATER THAN JANUARY 15, 1983
Section 5(e) of Pub. L. 97-116 provided that: ''The Secretary of
Health and Human Services, after consultation with the Attorney
General, the Secretary of State, and the Director of the
International Communication Agency, shall evaluate the
effectiveness and value to foreign nations and to the United States
of exchange programs for the graduate medical education or training
of aliens who are graduates of foreign medical schools, and shall
report to Congress, not later than January 15, 1983, on such
evaluation and include in such report such recommendations for
changes in legislation and regulations as may be appropriate.''
ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN
ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
Upon application during the one-year period beginning Sept. 30,
1982, by an alien who was inspected and admitted to the Virgin
Islands of the United States either as a nonimmigrant alien worker
under subsec. (a)(15)(H)(ii) of this section or as a spouse or
minor child of such worker, and has resided continuously in the
Virgin Islands since June 30, 1975, the Attorney General may adjust
the status of such nonimmigrant alien to that of an alien lawfully
admitted for permanent residence, provided certain conditions are
met, and such alien is not to be deported for failure to maintain
nonimmigrant status until final action is taken on the alien's
application for adjustment, see section 2(a), (b) of Pub. L.
97-271, set out as a note under section 1255 of this title.
LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN
ISLANDS
Notwithstanding any other provision of law, the Attorney General
not to be authorized, on or after Sept. 30, 1982, to approve any
petition filed under section 1184(c) of this title in the case of
importing any alien as a nonimmigrant under subsec. (a)(15)(H)(ii)
of this section for employment in the Virgin Islands of the United
States other than as an entertainer or as an athlete and for a
period not exceeding 45 days, see section 3 of Pub. L. 97-271, set
out as a note under section 1255 of this title.
LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS
Section 3201(c) of Pub. L. 96-70 provided that notwithstanding
any other provision of law, not more than 15,000 individuals could
be admitted to the United States as special immigrants under
subparagraphs (E), (F), and (G) of subsec. (a)(27) of this section,
of which not more than 5,000 could be admitted in any fiscal year,
prior to repeal by Pub. L. 103-416, title II, Sec. 212(a), Oct. 25,
1994, 108 Stat. 4314.
EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH RESPECT TO NATIONALS
OF PEOPLE'S REPUBLIC OF CHINA
Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, the Attorney General and
the Secretary of State are hereby ordered to exercise their
authority, including that under the Immigration and Nationality Act
(8 U.S.C. 1101-1557), as follows:
Section 1. The Attorney General is directed to take any steps
necessary to defer until January 1, 1994, the enforced departure of
all nationals of the People's Republic of China (PRC) and their
dependents who were in the United States on or after June 5, 1989,
up to and including the date of this order (hereinafter ''such PRC
nationals'').
Sec. 2. The Secretary of State and the Attorney General are
directed to take all steps necessary with respect to such PRC
nationals (a) to waive through January 1, 1994, the requirement of
a valid passport and (b) to process and provide necessary
documents, both within the United States and at U.S. consulates
overseas, to facilitate travel across the borders of other nations
and reentry into the United States in the same status such PRC
nationals had upon departure.
Sec. 3. The Secretary of State and the Attorney General are
directed to provide the following protections:
(a) irrevocable waiver of the 2-year home country residence
requirement that may be exercised until January 1, 1994, for such
PRC nationals;
(b) maintenance of lawful status for purposes of adjustment of
status or change of nonimmigrant status for such PRC nationals who
were in lawful status at any time on or after June 5, 1989, up to
and including the date of this order;
(c) authorization for employment of such PRC nationals through
January 1, 1994; and
(d) notice of expiration of nonimmigrant status (if applicable)
rather than the institution of deportation proceedings, and
explanation of options available for such PRC nationals eligible
for deferral of enforced departure whose nonimmigrant status has
expired.
Sec. 4. The Secretary of State and the Attorney General are
directed to provide for enhanced consideration under the
immigration laws for individuals from any country who express a
fear of persecution upon return to their country related to that
country's policy of forced abortion or coerced sterilization, as
implemented by the Attorney General's regulation effective January
29, 1990.
Sec. 5. The Attorney General is directed to ensure that the
Immigration and Naturalization Service finalizes and makes public
its position on the issue of training for individuals in F-1 visa
status and on the issue of reinstatement into lawful nonimmigrant
status of such PRC nationals who have withdrawn their applications
for asylum.
Sec. 6. The Departments of Justice and State are directed to
consider other steps to assist such PRC nationals in their efforts
to utilize the protections that I have extended pursuant to this
order.
Sec. 7. This order shall be effective immediately.
George Bush.
DETERRING ILLEGAL IMMIGRATION
Memorandum of President of the United States, Feb. 7, 1995, 60
F.R. 7885, provided:
Memorandum for the Heads of Executive Departments and Agencies
It is a fundamental right and duty for a nation to protect the
integrity of its borders and its laws. This Administration shall
stand firm against illegal immigration and the continued abuse of
our immigration laws. By closing the back door to illegal
immigration, we will continue to open the front door to legal
immigrants.
My Administration has moved swiftly to reverse the course of a
decade of failed immigration policies. Our initiatives have
included increasing overall Border personnel by over 50 percent
since 1993. We also are strengthening worksite enforcement and work
authorization verification to deter employment of illegal aliens.
Asylum rules have been reformed to end abuse by those falsely
claiming asylum, while offering protection to those in genuine fear
of persecution. We are cracking down on smugglers of illegal
aliens and reforming criminal alien deportation for quicker
removal. And we are the first Administration to obtain funding to
reimburse States for a share of the costs of incarcerating criminal
illegal aliens.
While we already are doing more to stem the flow of illegal
immigration than has any previous Administration, more remains to
be done. In conjunction with the Administration's unprecedented
budget proposal to support immigration initiatives, this directive
provides a blueprint of policies and priorities for this
Administration's continuing work to curtail illegal immigration.
With its focus on strong border deterrence backed up by effective
worksite enforcement, removal of criminal and other deportable
aliens and assistance to states, this program protects the security
of our borders, our jobs and our communities for all Americans -
citizens and legal immigrants alike.
COMPREHENSIVE BORDER CONTROL STRATEGY
A. Deterring Illegal Immigration At Our Borders
I have directed the Attorney General to move expeditiously toward
full implementation of our comprehensive border control strategy,
including efforts at the southwest border. To support sustained
long-term strengthening of our deterrence capacity, the
Administration shall seek funding to add new Border Patrol agents
to reach the goal of at least 7,000 agents protecting our borders
by the year 2000.
Flexible Border Response Capacity
To further this strategy, the Department of Justice shall
implement the capacity to respond to emerging situations anywhere
along our national borders to deter buildups of illegal border
crossers, smuggling operations, or other developing problems.
Strategic Use of High Technology
Through the strategic use of sensors, night scopes, helicopters,
light planes, all-terrain vehicles, fingerprinting and automated
recordkeeping, we have freed many Border Patrol agents from long
hours of bureaucratic tasks and increased the effectiveness of
these highly-trained personnel. Because these tools are essential
for the Immigration and Naturalization Service (INS) to do its job,
I direct the Attorney General to accelerate to the greatest extent
possible their utilization and enhancement to support
implementation of our deterrence strategy.
Strong Enforcement Against Repeat Illegal Crossers
The Department of Justice shall assess the effectiveness of
efforts underway to deter repeat illegal crossers, such as
fingerprinting and dedicating prosecution resources to enforce the
new prosecution authority provided by the Violent Crime Control and
Law Enforcement Act of 1994 (Pub. L. 103-322, see Tables for
classification).
The Department of Justice shall determine whether accelerated
expansion of these techniques to additional border sectors is
warranted.
B. Deterring Alien Smuggling
This Administration has had success deterring large ship-based
smuggling directly to United States shores. In response, smugglers
are testing new routes and tactics. Our goal: similar success in
choking off these attempts by adjusting our anti-smuggling
initiatives to anticipate shifting smuggling patterns.
To meet new and continuing challenges posed along transport
routes and in foreign locations by smuggling organizations, we will
augment diplomatic and enforcement resources at overseas locations
to work with host governments, and increase related intelligence
gathering efforts.
The Departments of State and Justice, in cooperation with other
relevant agencies, will report to the National Security Council
within 30 days on the structure of interagency coordination to
achieve these objectives.
Congressional action will be important to provide U.S. law
enforcement agencies with needed authority to deal with
international smuggling operations. I will propose that the
Congress pass legislation providing wiretap authority for
investigation of alien smuggling cases and providing authorization
to seize the assets of groups engaged in trafficking in human
cargo.
In addition, I will propose legislation to give the Attorney
General authority to implement procedures for expedited exclusion
to deal with large flows of undocumented migrants, smuggling
operations, and other extraordinary migration situations.
C. Visa Overstay Deterrence
Nearly half of this country's illegal immigrants come into the
country legally and then stay after they are required by law to
depart, often using fraudulent documentation. No Administration
has ever made a serious effort to identify and deport these
individuals. This Administration is committed to curtailing this
form of illegal immigration.
Therefore, relevant departments and agencies are directed to
review their policies and practices to identify necessary reforms
to curtail visa overstayers and to enhance investigations and
prosecution of those who fraudulently produce or misuse passports,
visas, and other travel related documents. Recommendations for
administrative initiatives and legislative reform shall be
presented to the White House Interagency Working Group on
Immigration by June 30, 1995.
REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT,
AND DETERRENCE
Border deterrence cannot succeed if the lure of jobs in the
United States remains. Therefore, a second major component of the
Administration's deterrence strategy is to toughen worksite
enforcement and employer sanctions. Employers who hire illegal
immigrants not only obtain unfair competitive advantage over
law-abiding employers, their unlawful use of illegal immigrants
suppresses wages and working conditions for our country's legal
workers. Our strategy, which targets enforcement efforts at
employers and industries that historically have relied upon
employment of illegal immigrants, will not only strengthen
deterrence of illegal immigration, but better protect American
workers and businesses that do not hire illegal immigrants.
Central to this effort is an effective, nondiscriminatory means
of verifying the employment authorization of all new employees.
The Administration fully supports the recommendation of the
Commission on Legal Immigration Reform to create pilot projects to
test various techniques for improving workplace verification,
including a computer database test to validate a new worker's
social security number for work authorization purposes. The
Immigration and Naturalization Service (INS) and Social Security
Administration are directed to establish, implement, monitor, and
review the pilots and provide me with an interim report on the
progress of this program by March 1, 1996.
In addition, the INS is directed to finalize the Administration's
reduction of the number of authorized documents to support work
verification for noncitizens. Concurrently, the Administration
will seek further reduction legislatively in the number of
documents that are acceptable for proving identity and work
authorization. The Administration will improve the security of
existing documents to be used for work authorization and seek
increased penalties for immigration fraud, including fraudulent
production and use of documents.
The Department of Labor shall intensify its investigations in
industries with patterns of labor law violations that promote
illegal immigration.
I also direct the Department of Labor, INS, and other relevant
Federal agencies to expand their collaboration in cracking down on
those who subvert fair competition by hiring illegal aliens. This
may include increased Federal authority to confiscate assets that
are the fruits of that unfair competition.
The White House Interagency Working Group on Immigration shall
further examine the link between immigration and employment,
including illegal immigration, and recommend to me other
appropriate measures.
DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS
The Administration's deterrence strategy includes strengthening
the country's detention and deportation capability. No longer will
criminals and other high risk deportable aliens be released back
into communities because of a shortage of detention space and
ineffective deportation procedures.
A. Comprehensive Deportation Process Reform
The Department of Justice, in consultation with other relevant
agencies, shall develop a streamlined, fair, and effective
procedure to expedite removal of deportable aliens. As necessary,
additional legislative authority will be sought in this area. In
addition, the Department of Justice shall increase its capacity to
staff deportation and exclusion hearings to support these
objectives.
B. National Detention and Removal Plan
To address the shortage of local detention space for illegal
aliens, the Administration shall devise a National Detention,
Transportation, and Removal Policy that will permit use of
detention space across the United States and improve the ability to
remove individuals with orders of deportation. The Department of
Justice, in consultation with other agencies as appropriate and
working under the auspices of the White House Interagency Working
Group on Immigration, shall finalize this plan by April 30, 1995.
The Administration will seek support and funding from the
Congress for this plan and for our efforts to double the removal of
illegal aliens with final orders of deportation.
C. Identification and Removal of Criminal Aliens
The Institutional Hearing Program is successfully expediting
deportation of incarcerated criminal aliens after they serve their
sentences.
To further expedite removal of criminal aliens from this country
and reduce costs to Federal and State governments, the Department
of Justice is directed to develop an expanded program of
verification of the immigration status of criminal aliens within
our country's prisons. In developing this program, the viability
of expanding the work of the Law Enforcement Support Center should
be assessed and all necessary steps taken to increase coordination
and cooperative efforts with State, and local law enforcement
officers in identification of criminal aliens.
TARGETED DETERRENCE AREAS
Many of the Administration's illegal immigration enforcement
initiatives are mutually reinforcing. For example, strong interior
enforcement supports border control. While there have been efforts
over the years at piecemeal cooperation, this Administration will
examine, develop, and test a more comprehensive coordinated package
of deterrence strategies in selected metropolitan areas by multiple
Federal, State, and local agencies.
The White House Interagency Working Group on Immigration shall
coordinate the development of this interagency and
intergovernmental operation.
VERIFICATION OF ELIGIBILITY FOR BENEFITS
The law denies most government benefits to illegal aliens. The
government has a duty to assure that taxpayer-supported public
assistance programs are not abused. As with work authorization,
enforcement of eligibility requirements relies upon a credible
system of verification. The INS, working with the White House
Interagency Working Group on Immigration as appropriate, shall
review means of improving the existing benefits verification
program. In addition, we will seek new mechanisms - including
increased penalties for false information used to qualify for
benefits - to protect the integrity of public programs.
ANTI-DISCRIMINATION
Our efforts to combat illegal immigration must not violate the
privacy and civil rights of legal immigrants and U.S. citizens.
Therefore, I direct the Attorney General, the Secretary of Health
and Human Services, the Chair of the Equal Employment Opportunity
Commission, and other relevant Administration officials to
vigorously protect our citizens and legal immigrants from
immigration-related instances of discrimination and harassment.
All illegal immigration enforcement measures shall be taken with
due regard for the basic human rights of individuals and in
accordance with our obligations under applicable international
agreements.
ASSISTANCE TO STATES
States today face significant costs for services provided to
illegal immigrants as a result of failed policies of the past.
Deterring illegal immigration is the best long-term solution to
protect States from growing costs for illegal immigration. This is
the first Administration to address this primary responsibility
squarely. We are targeting most of our Federal dollars to those
initiatives that address the root causes that lead to increased
burdens on States.
The Federal Government provides States with billions of dollars
to provide for health care, education, and other services and
benefits for immigrants. This Administration is proposing
increases for immigration and immigration-related spending of 25
percent in 1996 compared to 1993 levels. In addition, this
Administration is the first to obtain funding from the Congress to
reimburse States for a share of the costs of incarcerated illegal
aliens.
This Administration will continue to work with States to obtain
more Federal help for certain State costs and will oppose
inappropriate cost-shifting to the States.
INTERNATIONAL COOPERATION
This Administration will continue to emphasize international
cooperative efforts to address illegal immigration.
Pursuant to a Presidential Review Directive (PRD), the Department
of State is now coordinating a study on United States policy toward
international refugee and migration affairs. I hereby direct that,
as part of that PRD process, this report to the National Security
Council include the relationship of economic development and
migration in the Western Hemisphere and, in particular, provide
recommendations for further foreign economic policy measures to
address causes of illegal immigration.
The Department of State shall coordinate an interagency effort to
consider expanded arrangements with foreign governments for return
of criminal and deportable aliens.
The Department of State also shall seek to negotiate readmission
agreements for persons who could have sought asylum in the last
country from which they arrived. Such agreements will take due
regard of U.S. obligations under the Protocol Relating to the
Status of Refugees.
The Department of State further shall implement cooperative
efforts with other nations receiving smuggled aliens or those used
as transhipment points by smugglers. In particular, we will look
to countries in our hemisphere to join us by denying their
territory as bases for smuggling operations.
The Department of State shall initiate negotiations with foreign
countries to secure authority for the United States Coast Guard to
board source country vessels suspected of transporting smuggled
aliens.
This directive shall be published in the Federal Register.
William J. Clinton.
DEFINITIONS
Section 1(c) of div. C of Pub. L. 104-208 provided that:
''Except as otherwise specifically provided in this division (see
Tables for classification), for purposes of titles I (enacting
section 1225a of this title and section 758 of Title 18, Crimes and
Criminal Procedure, amending this section and sections 1103, 1182,
1251, 1325, 1356, and 1357 of this title, and enacting provisions
set out as notes under this section, sections 1103, 1182, 1221,
1325, and 1356 of this title, and section 758 of Title 18) and VI
(enacting sections 1363b and 1372 to 1375 of this title and section
116 of Title 18, amending this section, sections 1105a, 1151, 1152,
1154, 1157, 1158, 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251,
1252a, 1255 to 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356,
and 1522 of this title, section 112 of Title 32, National Guard,
and section 191 of Title 50, War and National Defense, enacting
provisions set out as notes under this section, sections 1153,
1158, 1161, 1182, 1187, 1189, 1202, 1255, 1433, and 1448 of this
title, section 301 of Title 5, Government Organization and
Employees, section 116 of Title 18, and section 405 of Title 42,
The Public Health and Welfare, and amending provisions set out as
notes under sections 1159, 1182, 1252, 1255a, 1323, 1401, and 1430
of this title) of this division, the terms 'alien', 'Attorney
General', 'border crossing identification card', 'entry',
'immigrant', 'immigrant visa', 'lawfully admitted for permanent
residence', 'national', 'naturalization', 'refugee', 'State', and
'United States' shall have the meaning given such terms in section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).''
Section 594 of title V of div. C of Pub. L. 104-208 provided
that: ''Except as otherwise provided in this title (see Effective
Date of 1996 Amendment note above), for purposes of this title -
''(1) the terms 'alien', 'Attorney General', 'national',
'naturalization', 'State', and 'United States' shall have the
meaning given such terms in section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)); and
''(2) the term 'child' shall have the meaning given such term
in section 101(c) of the Immigration and Nationality Act.''
Section 14 of Pub. L. 85-316 provided that: ''Except as otherwise
specifically provided in this Act, the definitions contained in
subsections (a) and (b) of section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101(a), (b)) shall apply to sections 4,
5, 6, 7, 8, 9, 12, 13, and 15 of this Act (enacting sections 1182b,
1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and
provisions set out as notes under section 1153 of this title and
section 1971a of the Appendix to Title 50, War and National
Defense.)''
Many of the terms listed in this section are similarly defined in
section 782 of Title 50, War and National Defense.
CROSS REFERENCES
Definition of the terms -
Alien enemies, see section 21 of Title 50, War and National
Defense.
Crew list visa, see section 1201 of this title.
Order of deportation, see section 1252 of this title.
Permits to enter, see section 1185 of this title.
Person, see sections 1185 and 1322 of this title.
Religious training and belief, see section 1448 of this title.
Transportation line and transportation company, see section
1228 of this title.
United States, see section 1185 of this title.
Immigration and Naturalization Service, see section 1551 et seq.
of this title.
Peace Corps programs, nonimmigrant status of foreign
participants, see section 2508 of Title 22, Foreign Relations and
Intercourse.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1102, 1151, 1152, 1153,
1154, 1157, 1158, 1159, 1160, 1181, 1182, 1184, 1184a, 1186, 1187,
1201, 1202, 1227, 1229b, 1231, 1254a, 1255, 1255a, 1255b, 1257,
1258, 1281, 1282, 1288, 1303, 1356, 1365, 1372, 1433, 1641 of this
title; title 2 section 441e; title 7 section 2015; title 10 section
2864; title 18 sections 32, 37, 178, 831, 1091, 1116, 1119, 1201,
1203, 2280, 2281, 2331, 2332a, 2332c, 2401, 3077, 3142, 3181; title
19 sections 58c, 3401; title 22 sections 1474, 2395, 2508, 3508,
5001; title 26 sections 871, 872, 1441, 3121, 3231, 3306, 7701;
title 28 section 1605; title 29 sections 1506, 1802; title 42
sections 408, 410, 1436a; title 45 sections 231, 351; title 46
section 2101; title 49 section 46502; title 50 sections 424, 1801;
title 50 App. sections 453, 456.