CHAPTER 11 —NATIONALITY
SUBCHAPTER I—DEFINITIONS
§§501 to 504. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Sections, act Oct. 14, 1940, ch. 876, title I, subch. I, §§101–104,
SUBCHAPTER II—NATIONALITY AT BIRTH
§§601 to 605. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 601, acts Oct. 14, 1940, ch. 876, title I, subch. II, §201,
Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I, subch. II, §§202–205,
§606. Transferred
Codification
Section transferred to
SUBCHAPTER III—NATIONALITY THROUGH NATURALIZATION
§§701 to 724a. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(40), (42), 66 Stat. 279 , 280, eff. Dec. 24, 1952
Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III, §301,
Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III, §302,
Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §303,
Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §304,
Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §305,
Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III, §306,
Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III, §307,
Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III, §308,
Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III, §309,
Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III, §310,
Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III, §311,
Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III, §312,
Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III, §313,
Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III, §314,
Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III, §315,
Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III, §316,
Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III, §317,
Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I, subchap. III, §§318–320,
Section 720a, act July 2, 1940, ch. 512, §§1, 2,
Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III, §321,
Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III, §321a, as added July 2, 1946, ch. 534, §2,
Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III, §322,
Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §323,
Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III, §323a, as added Dec. 7, 1942, ch. 690,
Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §324,
Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III, §324a, as added June 1, 1948, ch. 360, §1,
§724a–1. Transferred
Codification
Section, acts June 30, 1950, ch. 443, §4,
§§725 to 727. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 725, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §325,
Section 726, act Oct. 14, 1940, ch. 876, title I, subchap. III, §326,
Section 727, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §327,
§727a. Repealed. Feb. 29, 1952, ch. 49, §3, 66 Stat. 10
Section, act May 3, 1940, ch. 183, §2,
§§728 to 746. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), (46), 66 Stat. 280 , eff. Dec. 24, 1952
Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III, §328,
Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §329,
Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III, §330,
Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §331,
Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §332,
Section 732a, act May 31, 1947, ch. 87, §5,
Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §333,
Section 734, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §334,
Section 735, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §335,
Section 736, act Oct. 14, 1940, ch. 876, title I, subchap. III, §336,
Section 737, act Oct. 14, 1940, ch. 876, title I, subchap. III, §337,
Section 738, act Oct. 14, 1940, ch. 876, title I, subchap. III, §338,
Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §339,
Section 740, act Oct. 14, 1940, ch. 876, title I, subchap. III, §340,
Section 741, act Oct. 14, 1940, ch. 876, title I, subchap. III, §341,
Section 742, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §342,
Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I, subchap. III, §§343–345,
Section 746, acts Oct. 14, 1940, ch. 876, title I, subchap. III, §346,
§747. Repealed. June 25, 1948, ch. 645, §21, 62 Stat. 862 , eff. Sept. 1, 1948
Section, act Oct. 14, 1940, ch. 876, title I, subchap. III, §347,
SUBCHAPTER IV—LOSS OF NATIONALITY
§800. Transferred
Codification
Section, R.S. §1999, is set out as a note under
§§801 to 810. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 801, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, §401,
Section 802, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §402,
Section 803, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, §403,
Section 804, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §404,
Section 805, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §405,
Section 806, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, §406,
Section 807, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §407,
Section 808, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §408,
Section 809, acts Oct. 14, 1940, ch. 876, title I, subchap. IV, §409,
Section 810, act Oct. 14, 1940, ch. 876, title I, subchap. IV, §410,
SUBCHAPTER V—MISCELLANEOUS
§§901 to 903. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 901, act Oct. 14, 1940, ch. 876, title I, subchap. V, §501,
Section 902, act Oct. 14, 1940, ch. 876, title I, subchap. V, §502,
Section 903, act Oct. 14, 1940, ch. 876, title I, subchap. V, §503,
§§903a, 903b. Transferred
Codification
Sections 903a and 903b transferred to sections 1731 and 1732, respectively, of Title 22, Foreign Relations and Intercourse.
§§904 to 907. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 904, act Oct. 14, 1940, ch. 876, title I, subchap. V, §504,
Section 905, act Oct. 14, 1940, ch. 876, title I, subchap. V, §505,
Section 906, act Oct. 14, 1940, ch. 876, title I, subchap. V, §505,
Section 907, act Oct. 14, 1940, ch. 876, title I, §1,
Specific Repeals by Act October 14, 1940
In addition to the provisions from which former section 904 was taken, section 504 of act Oct. 14, 1940, specifically repealed all or parts of the following: Title 8, §§1, 3, 5a–1, 5d, 5e, 6, 7, 8, 9, 9a, 11, 16, 17, 17a, 18, 106, 106a, 106b, 106c, 351, 352, 353, 354, 356, 356a, 357, 358, 358a, 360, 362, 364, 365, 366, 366a, 367, 368, 368a, 369, 369a, 372, 372a, 373, 377, 377b, 377c, 378, 379, 380, 380a, 380b, 381, 382, 382a, 382b, 382c, 384, 385, 386, 387, 388, 389, 390, 391, 392, 392b, 392c note, 392d note, 392e, 392f, 392g, 393, 394, 395, 396, 397, 398, 399, 399a, 399b, 399c, 399d, 399e, 399f, 400, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415; Title 18, §§135, 137, 138, 139, 140, 141, 142, 143; Title 39, §324; Title 48, §733b; Title 50 App., §202.
SUBCHAPTER VI—NATURALIZATION OF PERSONS SERVING IN THE ARMED FORCES OF THE UNITED STATES DURING WORLD WAR II
§§1001 to 1006. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(42), 66 Stat. 280 , eff. Dec. 24, 1952
Section 1001, act Oct. 14, 1940, ch. 876, title III, §701, as added Mar. 27, 1942, ch. 199, title X, §1001,
Section 1002, act Oct. 14, 1940, ch. 876, title III, §702, as added Mar. 27, 1942, ch. 199, title X, §1001,
Section 1003, act Oct. 14, 1940, ch. 876, title III, §703, as added Mar. 27, 1942, ch. 199, title X, §1001,
Section 1004, act Oct. 14, 1940, ch. 876, title III, §704, as added Mar. 27, 1942, ch. 199, title X, §1001,
Section 1005, act Oct. 14, 1940, ch. 876, title III, §705, as added Mar. 27, 1942, ch. 199, title X, §1001,
Section 1006, act Oct. 14, 1940, ch. 876, title III, §706, as added Dec. 28, 1945, ch. 590, §1(c)(2),
10
CHAPTER 12 —IMMIGRATION AND NATIONALITY
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—IMMIGRATION
Part I—Selection System
Part II—Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
Part III—Issuance of Entry Documents
Part IV—Provisions Relating to Entry and Exclusion
Part V—Deportation; Adjustment of Status
Part VI—Special Provisions Relating to Alien Crewmen
Part VII—Registration of Aliens
Part VIII—General Penalty Provisions
Part IX—Miscellaneous
SUBCHAPTER III—NATIONALITY AND NATURALIZATION
Part I—Nationality at Birth and Collective Naturalization
Part II—Nationality Through Naturalization
Part III—Loss of Nationality
Part IV—Miscellaneous
SUBCHAPTER IV—REFUGEE ASSISTANCE
Chapter Referred to in Other Sections
This chapter is referred to in title 7 sections 1308–3, 1996, 2020, 3508; title 10 sections 3253, 8253, 12102, 12201; title 15 section 278g; title 18 section 1203; title 19 section 3401; title 22 sections 2454, 2778, 3303, 5711; title 25 section 1300b–13; title 42 section 6705; title 46 section 8103; title 50 sections 47c, 47f.
SUBCHAPTER I—GENERAL PROVISIONS
§1101. Definitions
(a) As used in this chapter—
(1) The term "administrator" means the official designated by the Secretary of State pursuant to
(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.
(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) 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.
(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 (
(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
(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 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;
(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 (
(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
(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
(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 entry, 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
(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
(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
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, or expulsion 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 (
(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.
(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
(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, 1997, 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, 1997, 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
(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
(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 (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
(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 entry 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
(43) The term "aggravated felony" means—
(A) murder;
(B) illicit trafficking in a controlled substance (as defined in
(C) illicit trafficking in firearms or destructive devices (as defined in
(D) an offense described in
(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)
(F) a crime of violence (as defined in
(G) a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 5 years;
(H) an offense described in
(I) an offense described in
(J) an offense described in
(K) an offense that—
(i) relates to the owning, controlling, managing, or supervising of a prostitution business; or
(ii) is described in section 1581, 1582, 1583, 1584, 1585, or 1588,1 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; or
(ii)
(M) an offense that—
(i) involves fraud or deceit in which the loss to the victim or victims exceeds $200,000; or
(ii) is described in
(N) an offense described in section 1324(a)(1) 2 of this title (relating to alien smuggling) for the purpose of commercial advantage;
(O) an offense described in
(P) 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 15 years or more; and
(Q) 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.
(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.
(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
(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 "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.
(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
(2) The terms "parent", "father", and "mother" include in the case of a posthumous child a deceased parent, father, and mother.
(d) Repealed.
(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.
(3) a member of one or more of the classes of persons, whether excludable or not, described in paragraphs (2)(D), (6)(E), and (9)(A) of
(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 (whether before or after the enactment of this chapter) who has left the United States, shall be considered to have been deported 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
(1) any felony;
(2) any crime of violence, as defined in
(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.
(June 27, 1952, ch. 477, title I, §101,
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,
The Headquarters Agreement with the United Nations (
The International Organizations Immunities Act (
Section 3(a) of the Selective Training and Service Act of 1940, as amended (
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,
Codification
Amendments
1995—Subsec. (b)(1)(A).
Subsec. (b)(1)(D).
Subsec. (b)(2).
1994—Subsec. (a)(1).
Subsec. (a)(15)(S).
Subsec. (a)(27)(C)(ii)(II), (III).
Subsec. (a)(27)(D).
Subsec. (a)(27)(F)(ii).
Subsec. (a)(27)(I)(iii)(II).
Subsec. (a)(27)(J)(i).
Subsec. (a)(43).
1991—Subsec. (a)(15)(D)(i).
Subsec. (a)(15)(H)(i)(b).
Subsec. (a)(15)(O)(i).
Subsec. (a)(15)(O)(ii)(III)(b).
Subsec. (a)(15)(P)(i).
"(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).
Subsec. (a)(15)(P)(iii)(II).
Subsec. (a)(15)(Q).
Subsec. (a)(24).
Subsec. (a)(27)(I)(ii)(II), (iii)(II).
Subsec. (a)(27)(K).
Subsec. (a)(43).
Subsec. (a)(46).
Subsec. (c)(1).
1990—Subsec. (a)(15)(D)(i).
Subsec. (a)(15)(E)(i).
Subsec. (a)(15)(H).
Subsec. (a)(15)(H)(i)(a).
Subsec. (a)(15)(H)(i)(b).
Subsec. (a)(15)(H)(ii).
Subsec. (a)(15)(H)(iii).
Subsec. (a)(15)(L).
Subsec. (a)(15)(O), (P).
Subsec. (a)(15)(Q).
Subsec. (a)(15)(R).
Subsec. (a)(27)(C).
Subsec. (a)(27)(J).
Subsec. (a)(36).
Subsec. (a)(43).
Subsec. (a)(44).
Subsec. (a)(45).
Subsec. (f)(3).
Subsec. (f)(8).
Subsec. (h).
1989—Subsec. (a)(15)(H)(i).
Subsec. (b)(2).
1988—Subsec. (a)(15)(J).
Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II).
Subsec. (a)(38).
Subsec. (a)(43).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (d).
1986—Subsec. (a)(15)(D).
Subsec. (a)(15)(H).
Subsec. (a)(15)(H)(ii).
Subsec. (a)(15)(N).
Subsec. (a)(27)(I).
Subsec. (b)(1)(D).
Subsec. (b)(1)(E).
Subsec. (c)(1).
1984—Subsec. (a)(9).
1981—Subsec. (a)(15)(F).
Subsec. (a)(15)(H), (J), (K), (L).
Subsec. (a)(15)(M).
Subsec. (a)(27)(H).
Subsec. (a)(33).
Subsec. (b)(1)(A), (B).
Subsec. (b)(1)(C).
Subsec. (b)(1)(E).
Subsec. (b)(1)(F).
Subsec. (f).
1980—Subsec. (a)(42).
1979—Subsec. (a)(27)(E) to (G).
1977—Subsec. (a)(1).
Subsec. (a)(41).
1976—Subsec. (a)(15)(H)(i).
Subsec. (a)(15)(H)(ii).
Subsec. (a)(15)(H)(iii).
Subsec. (a)(15)(J).
Subsec. (a)(27).
Subsec. (a)(41).
1975—Subsec. (b)(1)(F).
1970—Subsec. (a)(15)(H).
Subsec. (a)(15)(K), (L).
1966—Subsec. (a)(38).
1965—Subsec. (a)(27).
Subsec. (a)(32).
Subsec. (b)(1)(F).
Subsec. (b)(6).
1961—Subsec. (a)(15).
Subsec. (b)(1)(F).
Subsec. (b)(6).
Subsec. (d)(1).
Subsec. (d)(2).
1959—Subsec. (a)(36).
1958—Subsec. (a)(36).
1957—Subsec. (b)(1).
Effective Date of 1994 Amendments
Section 219(dd) of
Section 222(b) of
Amendment by
Effective Date of 1991 Amendments
Section 208 of title II of
Section 302(e)(8) of
Section 305(m) of
Section 310 of
"(1) sections 302 through 308 [amending this section,
"(2) section 309(b) [amending this section and
Section 2(d) of
Effective Date of 1990 Amendment
Section 161 of title I of
"(a)
"(b)
"(1) Section 103 [enacting provisions set out as a note under
"(2) Section 104 [amending
"(3) Section 124 [enacting provisions set out as a note under
"(4) Section 133 [enacting provisions set out as a note under
"(5) Section 134 [enacting provisions set out as a note under
"(6) Section 153 [amending this section and
"(7) Section 154 [enacting provisions set out as a note under
"(8) Section 155 [enacting provisions set out as a note under
"(9) Section 162(b) [amending
"(c)
"(1) In the case of a petition filed under section 204(a) of the Immigration and Nationality Act [
"(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 an 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)
"(e)
[Section 219(aa) of
[Section 4 of
Section 162(f)(3) of
Section 203(d) of
Section 231 of title II of
Amendment by section 407(a)(2) of
Section 501(b) of
Section 509(b) of
Section 601(e) of
"(1) Except as provided in paragraph (2), the amendments made by this section [amending
"(2) The amendments made by paragraphs (5) and (13) of section 603(a) [amending
Effective Date of 1989 Amendments
Amendment by
Section 611(b) of
Effective and Termination Dates of 1988 Amendments
Section 2(s) of
Section 309(b)(15) of
Section 210(b) of
Effective Date of 1986 Amendments
Section 23(a) of
Amendment by section 301(a) of
Effective Date of 1981 Amendment
Section 21 of
"(a) Except as provided in subsection (b) and in section 5(c) [set out as a note under
"(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
Effective Date of 1980 Amendment
Section 204(a)–(c) of title II of
"(a) Except as provided in subsections (b) and (c), this title and the amendments made by this title [enacting
"(b)(1)(A) Section 207(c) of the Immigration and Nationality Act (as added by section 201(b) of this Act) [
"(B) The amendments made by section 203(f) [amending
"(C) The amendments made by section 203(i) [amending
"(2) Notwithstanding sections 207(a) and 209(b) of the Immigration and Nationality Act (as added by section 201(b) of this Act) [
"(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 [
"(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 [
"(c)(1) The repeal of subsections (g) and (h) of section 203 of the Immigration and Nationality Act, made by
"(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) [
"(3) The provisions of paragraphs (14), (15), (20), (21), (25), and (32) if section 212(a) of the Immigration and Nationality Act [
Effective Date of 1979 Amendment
Section 3201(d)(1) of
Effective Date of 1977 Amendment
Section 602(d) of
Effective Date of 1976 Amendments
Section 10 of
Amendment by section 601(b)(4) of
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Effective Date
Section 407 of act June 27, 1952, provided that: "Except as provided in subsection (k) of section 401 [former
Short Title of 1994 Amendment
Section 1 of
Short Title of 1991 Amendments
Section 1(a) of
Section 101 of title I of
Section 201 of title II of
Section 301(a) of title III of
Section 1 of
Short Title of 1990 Amendments
Section 1(a) of
Short Title of 1989 Amendment
Section 1 of
Short Title of 1988 Amendments
Section 1(a) of
Short Title of 1986 Amendments
Section 1(a) of
Section 1(a) of
Short Title of 1982 Amendment
Short Title of 1981 Amendment
Section 1(a) of
Short Title of 1980 Amendment
Section 1 of
Short Title of 1976 Amendment
Section 1 of
Short Title
Section 1 of act June 27, 1952, provided that such act, enacting this chapter,
Repeal and Revival
Section 8(b) of
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
"(a) The Attorney General shall prescribe regulations under
"(b) The Attorney General shall prescribe regulations under
"(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
"(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 (
Separability
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
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
Appropriations
Section 404 of act June 27, 1952, as amended by acts Dec. 29, 1981,
"(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
"(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
Definitions; Applicability of Section 1101(a) and (b) of This Title
Section 14 of
Additional Definitions
Many of the terms listed in this section are similarly defined in
Philippine Traders as Nonimmigrants
Philippine traders classifiable as nonimmigrants under subsec. (a)(15)(E) of this section, see
Improving Border Controls
Section 130006 of
"(a)
"(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)
Visas for Officials of Taiwan
Section 221 of
"(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 excludable under the immigration laws of the United States."
Construction of Expedited Deportation Requirements
Section 225 of
Report on Admission of Certain Nonimmigrants
Section 202(b) of
Delay Until April 1, 1992, in Implementation of Provisions Relating to Nonimmigrant Artists, Athletes, Entertainers, and Fashion Models
Section 3 of
Commission on Immigration Reform
Section 141 of
"(a)
"(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)
"(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)
"(1)
"(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 [
"(2)
"(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)
"(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)
"(f)
"(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)
"(h)
"(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)
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Special Immigrant Status for Certain Aliens Employed at United States Mission in Hong Kong (D Special Immigrants)
Section 152 of
"(a)
"(b)
"(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
"(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)
"(d)
Inapplicability of Amendment by Pub. L. 101–649
Amendment by section 203(c) of
Application of Treaty Trader for Certain Foreign States
Section 204(b) of
"(1) The largest foreign state in each region (as defined in section 203(c)(1) of the Immigration and Nationality Act [
"(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 [
Clarification of Treatment of Certain International Accounting Firms
Section 206(a) of
Admission of Nonimmigrants for Cooperative Research, Development, and Coproduction Projects
Section 222 of
"(a)
"(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)
Establishment of Special Education Exchange Visitor Program
Section 223 of
"(a)
"(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)
Extension of H–1 Immigration Status for Certain Nonimmigrants Employed in Cooperative Research and Development Projects and Coproduction Projects
Extension of H–1 Status for Certain Registered Nurses Through December 31, 1989
"(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
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
Amerasian Immigration
"(a)(1) Notwithstanding any numerical limitations specified in the Immigration and Nationality Act [
"(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 [
"(3) Notwithstanding section 221(c) of the Immigration and Nationality Act [
"(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 [
"(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 [
"(c) Any alien admitted (or awaiting admission) to the United States under this section shall be eligible for benefits under
"(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 [
[Section 307(l)(8) of
[
Authorization of Appropriations for Enforcement and Service Activities of Immigration and Naturalization Service
Section 111 of
"(a)
"(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)
"(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)
"(d)
Eligibility of H–2 Agricultural Workers for Certain Legal Assistance
Section 305 of
Denial of Crew Member Nonimmigrant Visa in Case of Strikes
Section 315(d) of
"(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,
"(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
Commission for the Study of International Migration and Cooperative Economic Development
Section 601 of
Treatment of Departures From Guam
Section 2 of
Alien Employees of 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
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
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
Limitation on Admission of Special Immigrants
Section 3201(c) of
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 (
(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.
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 [
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.
Cross References
Definition of the terms—
Alien enemies, see
Crew list visa, see
Order of deportation, see
Permits to enter, see
Person, see
Religious training and belief, see
Transportation line and transportation company, see
United States, see
Immigration and Naturalization Service, see
Peace Corps programs, nonimmigrant status of foreign participants, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
2 See Codification note below.
3 So in original. Probably should be "suspension".
4 So in original. The phrase "of such section" probably should not appear.
§1102. Diplomatic and semidiplomatic immunities
Except as otherwise provided in this chapter, for so long as they continue in the nonimmigrant classes enumerated in this section, the provisions of this chapter relating to ineligibility to receive visas and the exclusion or deportation of aliens shall not be construed to apply to nonimmigrants—
(1) within the class described in paragraph (15)(A)(i) of
(2) within the class described in paragraph (15)(G)(i) of
(3) within the classes described in paragraphs (15)(A)(ii), (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of
(June 27, 1952, ch. 477, title I, §102,
Amendments
1991—Pars. (1) to (3).
1990—Pars. (1) to (3).
1988—Par. (2).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Denial of Visas to Certain Representatives to United Nations
"(a)
"(b)
Cross References
All cases affecting ambassadors, other public ministers and consuls—
Judicial power as extending to, see Const. Art. III, §2, cl. 1.
Supreme Court as having original jurisdiction in, see Const. Art. III, §2, cl. 2.
Definition of alien, immigrant visa, nonimmigrant alien, nonimmigrant visa, and passport, see
International organizations, privileges, exemptions, and immunities of officers, employees, and their families, see
Original and exclusive jurisdiction of district courts of all actions and proceedings against consuls or vice consuls of foreign states, see
Original but not exclusive jurisdiction of Supreme Court of all actions or proceedings brought by ambassadors or other public ministers of foreign states or to which consuls or vice consuls of foreign states are parties, see
§1103. Powers and duties
(a) Attorney General
The Attorney General shall be charged with the administration and enforcement of this chapter and all other laws relating to the immigration and naturalization of aliens, except insofar as this chapter or such laws relate to the powers, functions, and duties conferred upon the President, the Secretary of State, the officers of the Department of State, or diplomatic or consular officers: Provided, however, That determination and ruling by the Attorney General with respect to all questions of law shall be controlling. He shall have control, direction, and supervision of all employees and of all the files and records of the Service. He shall establish such regulations; prescribe such forms of bond, reports, entries, and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions of this chapter. He may require or authorize any employee of the Service or the Department of Justice to perform or exercise any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon any other employee of the Service. He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and shall, in his discretion, appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the Department or other independent establishment under whose jurisdiction the employee is serving, any of the powers, privileges, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Service. He may, with the concurrence of the Secretary of State, establish offices of the Service in foreign countries; and, after consultation with the Secretary of State, he may, whenever in his judgment such action may be necessary to accomplish the purposes of this chapter, detail employees of the Service for duty in foreign countries.
(b) Commissioner; appointment
The Commissioner shall be a citizen of the United States and shall be appointed by the President, by and with the advice and consent of the Senate. He shall be charged with any and all responsibilities and authority in the administration of the Service and of this chapter which are conferred upon the Attorney General as may be delegated to him by the Attorney General or which may be prescribed by the Attorney General.
(c) Statistical information system
(1) The Commissioner, in consultation with interested academicians, government agencies, and other parties, shall provide for a system for collection and dissemination, to Congress and the public, of information (not in individually identifiable form) useful in evaluating the social, economic, environmental, and demographic impact of immigration laws.
(2) Such information shall include information on the alien population in the United States, on the rates of naturalization and emigration of resident aliens, on aliens who have been admitted, paroled, or granted asylum, on nonimmigrants in the United States (by occupation, basis for admission, and duration of stay), on aliens who have been excluded or deported from the United States, on the number of applications filed and granted for suspension of deportation, and on the number of aliens estimated to be present unlawfully in the United States in each fiscal year.
(3) Such system shall provide for the collection and dissemination of such information not less often than annually.
(d) Annual report
(1) The Commissioner shall submit to Congress annually a report which contains a summary of the information collected under subsection (c) of this section and an analysis of trends in immigration and naturalization.
(2) Each annual report shall include information on the number, and rate of denial administratively, of applications for naturalization, for each district office of the Service and by national origin group.
(June 27, 1952, ch. 477, title I, §103,
Amendments
1990—Subsecs. (c), (d).
1988—Subsec. (a).
Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Machine-Readable Document Border Security Program
Immigration and Naturalization Service Personnel Enhancement
"(a)
"(1) Within 6 months after the effective date of this subtitle [Nov. 18, 1988], the Attorney General shall establish, out of funds appropriated pursuant to subsection (c)(2), a pilot program in 4 cities to improve the capabilities of the Immigration and Naturalization Service (hereinafter in this section referred to as the 'Service') to respond to inquiries from Federal, State, and local law enforcement authorities concerning aliens who have been arrested for or convicted of, or who are the subject of any criminal investigation relating to, a violation of any law relating to controlled substances (other than an aggravated felony as defined in section 101(a)(43) of the Immigration and Nationality Act [
"(2) At the end of the 12-month period after the establishment of such pilot program, the Attorney General shall provide for an evaluation of its effectiveness, including an assessment by Federal, State, and local prosecutors and law enforcement agencies. The Attorney General shall submit a report containing the conclusions of such evaluation to the Committees on the Judiciary of the House of Representatives and of the Senate within 60 days after the completion of such evaluation.
"(b)
"(1) Any investigative agent hired by the Attorney General for purposes of this section shall be employed exclusively to assist Federal, State, and local law enforcement agencies in combating drug trafficking and crimes of violence by aliens.
"(2) Any investigative agent hired under this section who is older than 35 years of age shall not be eligible for Federal retirement benefits made available to individuals who perform hazardous law enforcement activities."
Pilot Program To Establish or Improve Computer Capabilities
"(1) From the sums appropriated to carry out this Act, the Attorney General, through the Investigative Division of the Immigration and Naturalization Service, shall provide a pilot program in 4 cities to establish or improve the computer capabilities of the local offices of the Service and of local law enforcement agencies to respond to inquiries concerning aliens who have been arrested or convicted for, or are the subject to criminal investigation relating to, a violation of any law relating to controlled substances. The Attorney General shall select cities in a manner that provides special consideration for cities located near the land borders of the United States and for large cities which have major concentrations of aliens. Some of the sums made available under the pilot program shall be used to increase the personnel level of the Investigative Division.
"(2) At the end of the first year of the pilot program, the Attorney General shall provide for an evaluation of the effectiveness of the program and shall report to Congress on such evaluation and on whether the pilot program should be extended or expanded."
Emergency Plans for Regulation of Nationals of Enemy Countries
Attorney General to develop national security emergency plans for regulation of immigration, regulation of nationals of enemy countries, and plans to implement laws for control of persons entering or leaving the United States, see section 1101(4) of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
Cross References
Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see
Definition of alien, Attorney General, Commissioner, consular officer, entry, immigration laws, and Service, see
Office of Commissioner of Immigration and Naturalization, see
§1104. Powers and duties of Secretary of State
(a) Powers and duties
The Secretary of State shall be charged with the administration and the enforcement of the provisions of this chapter and all other immigration and nationality laws relating to (1) the powers, duties, and functions of diplomatic and consular officers of the United States, except those powers, duties, and functions conferred upon the consular officers relating to the granting or refusal of visas; (2) the powers, duties, and functions of the Administrator; and (3) the determination of nationality of a person not in the United States. He shall establish such regulations; prescribe such forms of reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out such provisions. He is authorized to confer or impose upon any employee of the United States, with the consent of the head of the department or independent establishment under whose jurisdiction the employee is serving, any of the powers, functions, or duties conferred or imposed by this chapter or regulations issued thereunder upon officers or employees of the Department of State or of the American Foreign Service.
(b) Designation and duties of Administrator
The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this chapter by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this chapter which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.
(c) Passport Office, Visa Office, and other offices; directors
Within the Department of State there shall be a Passport Office, a Visa Office, and such other offices as the Secretary of State may deem to be appropriate, each office to be headed by a director. The Directors of the Passport Office and the Visa Office shall be experienced in the administration of the nationality and immigration laws.
(d) Transfer of duties
The functions heretofore performed by the Passport Division and the Visa Division of the Department of State shall hereafter be performed by the Passport Office and the Visa Office, respectively.
(e) General Counsel of Visa Office; appointment and duties
There shall be a General Counsel of the Visa Office, who shall be appointed by the Secretary of State and who shall serve under the general direction of the Legal Adviser of the Department of State. The General Counsel shall have authority to maintain liaison with the appropriate officers of the Service with a view to securing uniform interpretations of the provisions of this chapter.
(June 27, 1952, ch. 477, title I, §104,
Amendments
1994—
Subsec. (a)(2).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1988—
1977—Subsec. (a)(2).
Subsec. (b).
Subsec. (d).
Subsec. (f).
1964—Subsec. (b).
1962—Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1964 Amendment
Amendment by
Authority of Secretary of State
Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
Assumption of Duties by Administrator of Bureau of Security and Consular Affairs
Section 109(b)(4) of
References to Bureau of Security and Consular Affairs or Administrator
Section 109(b)(5) of
Cross References
Definition of administrator, consular officer, immigrant visa, immigration laws, national, nonimmigrant visa, passport, and Service, see
Section Referred to in Other Sections
This section is referred to in
§1105. Liaison with internal security officers
The Commissioner and the Administrator shall have authority to maintain direct and continuous liaison with the Directors of the Federal Bureau of Investigation and the Central Intelligence Agency and with other internal security officers of the Government for the purpose of obtaining and exchanging information for use in enforcing the provisions of this chapter in the interest of the internal security of the United States. The Commissioner and the Administrator shall maintain direct and continuous liaison with each other with a view to a coordinated, uniform, and efficient administration of this chapter, and all other immigration and nationality laws.
(June 27, 1952, ch. 477, title I, §105,
Amendments
1994—
1977—
Effective Date of 1994 Amendment
Amendment by
Cross References
Central Intelligence Agency, see
Definition of administrator, Commissioner, and immigration laws, see
Federal Bureau of Investigation, see
§1105a. Judicial review of orders of deportation and exclusion
(a) Exclusiveness of procedure
The procedure prescribed by, and all the provisions of
(1) Time for filing petition
a petition for review may be filed not later than 90 days after the date of the issuance of the final deportation order, or, in the case of an alien convicted of an aggravated felony (including an alien described in
(2) Venue
the venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before a special inquiry officer were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this chapter, of the petitioner, but not in more than one circuit;
(3) Respondent; service of petition; stay of deportation
the action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official of the Service shall stay the deportation of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony (including an alien described in
(4) Determination upon administrative record
except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the deportation order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive;
(5) Claim of nationality; determination or transfer to district court for hearing de novo
whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of
(6) Consolidation
whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order;
(7) Challenge of validity of deportation order in criminal proceeding; motion for judicial review before trial; hearing de novo on nationality claim; determination of motion; dismissal of indictment upon invalidity of order; appeal
if the validity of a deportation order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (d) or (e) of
(8) Deferment of deportation; compliance of alien with other provisions of law; detention or taking into custody of alien
nothing in this section shall be construed to require the Attorney General to defer deportation of an alien after the issuance of a deportation order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (d) and (e) of
(9) Typewritten record and briefs
it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs; and
(10) Habeas corpus
any alien held in custody pursuant to an order of deportation may obtain judicial review thereof by habeas corpus proceedings.
(b) Limitation of certain aliens to habeas corpus proceedings
Notwithstanding the provisions of any other law, any alien against whom a final order of exclusion has been made heretofore or hereafter under the provisions of
(c) Exhaustion of administrative remedies or departure from United States; disclosure of prior judicial proceedings
An order of deportation or of exclusion shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to him as of right under the immigration laws and regulations or if he has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order.
(d) Petition contents
(1) A petition for review or for habeas corpus on behalf of an alien against whom a final order of deportation has been issued pursuant to
(A) whether the alien is in fact the alien described in the order;
(B) whether the alien is in fact an alien described in
(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and
(D) whether the alien was afforded the procedures required by
(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).
(June 27, 1952, ch. 477, title I, §106, as added Sept. 26, 1961,
References in Text
The Federal rules of criminal procedure, referred to in subsec. (a)(7), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
1994—Subsec. (a).
Subsec. (a)(1), (3).
Subsec. (d).
1991—Subsec. (a)(1).
1990—Subsec. (a)(1).
Subsec. (a)(3).
Subsec. (a)(6) to (10).
1988—Subsec. (a).
Subsec. (a)(1).
1981—Subsec. (a)(1).
Effective Date of 1994 Amendment
Section 130004(d) of
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 502(b) of
Section 513(b) of
Amendment by section 545(b) of
Effective Date of 1988 Amendment
Amendment by section 7347(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date; Pending Proceedings; Separability
Section 5(b) of
Section Referred to in Other Sections
This section is referred to in
§1106. Repealed. Pub. L. 91–510, title IV, §422(a), Oct. 26, 1970, 84 Stat. 1189
Section, act June 27, 1952, ch. 477, title IV, §401,
Effective Date of Repeal
Repeal effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of
Abolition of Joint Committee on Immigration and Nationality
SUBCHAPTER II—IMMIGRATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Selection System
§1151. Worldwide level of immigration
(a) In general
Exclusive of aliens described in subsection (b) of this section, aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to—
(1) family-sponsored immigrants described in
(2) employment-based immigrants described in
(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in
(b) Aliens not subject to direct numerical limitations
Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a) of this section, are as follows:
(1)(A) Special immigrants described in subparagraph (A) or (B) of
(B) Aliens who are admitted under
(C) Aliens whose status is adjusted to permanent residence under section 1160, 1161,1 or 1255a of this title.
(D) Aliens whose deportation is suspended under
(E) Aliens provided permanent resident status under
(2)(A)(i)
(ii) Aliens admitted under
(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.
(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to—
(i) 480,000, minus
(ii) the number computed under paragraph (2), plus
(iii) the number (if any) computed under paragraph (3).
(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) of this section who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under
(e) Worldwide level of diversity immigrants
The worldwide level of diversity immigrants is equal to 55,000 for each fiscal year.
(June 27, 1952, ch. 477, title II, ch. 1, §201,
References in Text
Amendments
1994—Subsec. (b)(2)(A)(i).
1991—Subsec. (c)(3).
Subsec. (d)(2).
1990—
1981—Subsec. (a).
1980—Subsec. (a).
1978—Subsec. (a).
1976—Subsec. (a).
Subsecs. (c) to (e).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1994 Amendments
Amendment by
Section 40701(d) of
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
Section 20 of
Transition Relating to Death of Citizen Spouse
Section 101(c) of
Inapplicability of Numerical Limitations for Certain Aliens Residing in the United States Virgin Islands
The numerical limitations described in subsec. (a) of this section not to apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of status not to result in any reduction in the number of aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence under this chapter, see section 2(c)(1) of
Exemption From Numerical Limitations for Certain Aliens Who Applied for Adjustment to Status of Permanent Resident Aliens on or Before June 1, 1978
Section 19 of
"(1) qualified as a nonpreference immigrant under section 203(a)(8) of such Act [
"(2) was determined to be exempt from the labor certification requirement of section 212(a)(14) of such Act [
"(3) applied for adjustment of status to that of an alien lawfully admitted for permanent residence."
Select Commission on Immigration and Refugee Policy
Section 4 of
Select Commission on Western Hemisphere Immigration
Section 21(a)–(d) and (f)–(h) of
Termination of Quota Deductions
Section 10 of
Cross References
Definition of immigrant, immigrant visa, and national, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§1151a. Repealed. Pub. L. 94–571, §7(g), Oct. 20, 1976, 90 Stat. 2706
Section,
Effective Date of Repeal
Repeal effective on first day of first month which begins more than 60 days after Oct. 20, 1976, see section 10 of
§1152. Numerical limitations on individual foreign states
(a) Per country level
(1) Nondiscrimination
Except as specifically provided in paragraph (2) and in
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of
(4) Special rules for spouses and children of lawful permanent resident aliens
(A) 75 percent of 2nd preference set-aside for spouses and children not subject to per country limitation
(i) In general
Of the visa numbers made available under
(ii) "2–A floor" defined
In this paragraph, the term "2–A floor" means, for a fiscal year, 77 percent of the total number of visas made available under
(B) Treatment of remaining 25 percent for countries subject to subsection (e)
(i) In general
Of the visa numbers made available under
(ii) "Subsection (e) ceiling" defined
In clause (i), the term "subsection (e) ceiling" means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under
(C) Treatment of unmarried sons and daughters in countries subject to subsection (e)
In the case of a foreign state or dependent area to which subsection (e) of this section applies, the number of immigrant visas that may be made available to natives of the state or area under
(i) 23 percent of the maximum number of visas that may be made available under
(ii) the number (if any) by which the maximum number of visas that may be made available under
whichever is greater.
(D) Limiting pass down for certain countries subject to subsection (e)
In the case of a foreign state or dependent area to which subsection (e) of this section applies, if the total number of visas issued under
(b) Rules for chargeability
Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) of this section when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. For the purposes of this chapter the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) of this section for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for dependent areas
Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in
(d) Changes in territory
In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change issue appropriate instructions to all diplomatic and consular offices.
(e) Special rules for countries at ceiling
If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of
(1) the ratio of the visa numbers made available under
(2) except as provided in subsection (a)(4) of this section, the proportion of the visa numbers made available under each of paragraphs (1) through (4) of
(3) the proportion of the visa numbers made available under each of paragraphs (1) through (5) of
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under
(June 27, 1952, ch. 477, title II, ch. 1, §202,
Amendments
1991—Subsec. (a)(4)(A).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1988—Subsec. (b).
Subsec. (c).
Subsec. (e).
1986—Subsec. (b).
Subsec. (c).
Subsec. (e).
1981—Subsec. (a).
Subsec. (b).
1980—Subsec. (a).
Subsec. (e).
1978—Subsec. (c).
1976—Subsec. (a).
Subsec. (c).
Subsec. (e).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1961—Subsec. (e).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 8(c) of
Effective Date of 1986 Amendments
Amendment by
Section 311(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Treatment of Hong Kong Under Per Country Levels
Section 103 of
[Section 103 of
Inapplicability of Numerical Limitations for Certain Aliens Residing in the United States Virgin Islands
The numerical limitations described in text not to apply in the case of certain aliens residing in the Virgin Islands seeking adjustment of their status to permanent resident alien status, and such adjustment of status not to result in any reduction in the number of aliens who may acquire the status of aliens lawfully admitted to the United States for permanent residence under this chapter, see section 2(c)(1) of
Exemption From Numerical Limitations for Certain Aliens Who Applied for Adjustment to Status of Permanent Resident Aliens on or Before June 1, 1978
For provisions rendering inapplicable the numerical limitations contained in this section to certain aliens who had applied for adjustment to the status of permanent resident alien on or before June 1, 1978, see section 19 of
Approval by Secretary of State Treating Taiwan (China) as Separate Foreign State for Purposes of Numerical Limitation on Immigrant Visas
Cross References
Definition of alien, Attorney General, child, consular officer, immigrant, immigrant visa, outlying possessions of the United States, parent, residence, spouse, wife, or husband, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1153. Allocation of immigrant visas
(a) Preference allocation for family-sponsored immigrants
Aliens subject to the worldwide level specified in
(1) Unmarried sons and daughters of citizens
Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the class specified in paragraph (4).
(2) Spouses and unmarried sons and unmarried daughters of permanent resident aliens
Qualified immigrants—
(A) who are the spouses or children of an alien lawfully admitted for permanent residence, or
(B) who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence,
shall be allocated visas in a number not to exceed 114,200, plus the number (if any) by which such worldwide level exceeds 226,000, plus any visas not required for the class specified in paragraph (1); except that not less than 77 percent of such visa numbers shall be allocated to aliens described in subparagraph (A).
(3) Married sons and married daughters of citizens
Qualified immigrants who are the married sons or married daughters of citizens of the United States shall be allocated visas in a number not to exceed 23,400, plus any visas not required for the classes specified in paragraphs (1) and (2).
(4) Brothers and sisters of citizens
Qualified immigrants who are the brothers or sisters of citizens of the United States, if such citizens are at least 21 years of age, shall be allocated visas in a number not to exceed 65,000, plus any visas not required for the classes specified in paragraphs (1) through (3).
(b) Preference allocation for employment-based immigrants
Aliens subject to the worldwide level specified in
(1) Priority workers
Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
(A) Aliens with extraordinary ability
An alien is described in this subparagraph if—
(i) the alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation,
(ii) the alien seeks to enter the United States to continue work in the area of extraordinary ability, and
(iii) the alien's entry into the United States will substantially benefit prospectively the United States.
(B) Outstanding professors and researchers
An alien is described in this subparagraph if—
(i) the alien is recognized internationally as outstanding in a specific academic area,
(ii) the alien has at least 3 years of experience in teaching or research in the academic area, and
(iii) the alien seeks to enter the United States—
(I) for a tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area,
(II) for a comparable position with a university or institution of higher education to conduct research in the area, or
(III) for a comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least 3 persons full-time in research activities and has achieved documented accomplishments in an academic field.
(C) Certain multinational executives and managers
An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien's application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
(B) Waiver of job offer
The Attorney General may, when he deems it to be in the national interest, waive the requirement of subparagraph (A) that an alien's services in the sciences, arts, professions, or business be sought by an employer in the United States.
(C) Determination of exceptional ability
In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers
Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals
Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers
Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers
Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required
An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of
(4) Certain special immigrants
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in
(5) Employment creation
(A) In general
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise—
(i) which the alien has established,
(ii) in which such alien has invested (after November 29, 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas
(i) In general
Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who establish a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) "Targeted employment area" defined
In this paragraph, the term "targeted employment area" means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) "Rural area" defined
In this paragraph, the term "rural area" means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required
(i) In general
Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas
The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than ½ of) the amount specified in clause (i).
(iii) Adjustment for high employment areas
In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment—
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate,
the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (i).
(6) Special rules for "K" special immigrants
(A) Not counted against numerical limitation in year involved
Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under
(B) Counted against numerical limitations in following year
(i) Reduction in employment-based immigrant classifications
The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in
(ii) Reduction in per country level
The number of visas made available in each fiscal year to natives of a foreign state under
(iii) Reduction in employment-based immigrant classifications within per country ceiling
In the case of a foreign state subject to
(c) Diversity immigrants
(1) In general
Except as provided in paragraph (2), aliens subject to the worldwide level specified in
(A) Determination of preference immigration
The Attorney General shall determine for the most recent previous 5-fiscal-year period for which data are available, the total number of aliens who are natives of each foreign state and who (i) were admitted or otherwise provided lawful permanent resident status (other than under this subsection) and (ii) were subject to the numerical limitations of
(B) Identification of high-admission and low-admission regions and high-admission and low-admission states
The Attorney General—
(i) shall identify—
(I) each region (each in this paragraph referred to as a "high-admission region") for which the total of the numbers determined under subparagraph (A) for states in the region is greater than 1/6 of the total of all such numbers, and
(II) each other region (each in this paragraph referred to as a "low-admission region"); and
(ii) shall identify—
(I) each foreign state for which the number determined under subparagraph (A) is greater than 50,000 (each such state in this paragraph referred to as a "high-admission state"), and
(II) each other foreign state (each such state in this paragraph referred to as a "low-admission state").
(C) Determination of percentage of worldwide immigration attributable to high-admission regions
The Attorney General shall determine the percentage of the total of the numbers determined under subparagraph (A) that are numbers for foreign states in high-admission regions.
(D) Determination of regional populations excluding high-admission states and ratios of populations of regions within low-admission regions and high-admission regions
The Attorney General shall determine—
(i) based on available estimates for each region, the total population of each region not including the population of any high-admission state;
(ii) for each low-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the low-admission regions; and
(iii) for each high-admission region, the ratio of the population of the region determined under clause (i) to the total of the populations determined under such clause for all the high-admission regions.
(E) Distribution of visas
(i) No visas for natives of high-admission states
The percentage of visas made available under this paragraph to natives of a high-admission state is 0.
(ii) For low-admission states in low-admission regions
Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a low-admission region is the product of—
(I) the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(ii).
(iii) For low-admission states in high-admission regions
Subject to clauses (iv) and (v), the percentage of visas made available under this paragraph to natives (other than natives of a high-admission state) in a high-admission region is the product of—
(I) 100 percent minus the percentage determined under subparagraph (C), and
(II) the population ratio for that region determined under subparagraph (D)(iii).
(iv) Redistribution of unused visa numbers
If the Secretary of State estimates that the number of immigrant visas to be issued to natives in any region for a fiscal year under this paragraph is less than the number of immigrant visas made available to such natives under this paragraph for the fiscal year, subject to clause (v), the excess visa numbers shall be made available to natives (other than natives of a high-admission state) of the other regions in proportion to the percentages otherwise specified in clauses (ii) and (iii).
(v) Limitation on visas for natives of a single foreign state
The percentage of visas made available under this paragraph to natives of any single foreign state for any fiscal year shall not exceed 7 percent.
(F) "Region" defined
Only for purposes of administering the diversity program under this subsection, Northern Ireland shall be treated as a separate foreign state, each colony or other component or dependent area of a foreign state overseas from the foreign state shall be treated as part of the foreign state, and the areas described in each of the following clauses shall be considered to be a separate region:
(i) Africa.
(ii) Asia.
(iii) Europe.
(iv) North America (other than Mexico).
(v) Oceania.
(vi) South America, Mexico, Central America, and the Caribbean.
(2) Requirement of education or work experience
An alien is not eligible for a visa under this subsection unless the alien—
(A) has at least a high school education or its equivalent, or
(B) has, within 5 years of the date of application for a visa under this subsection, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.
(3) Maintenance of information
The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under this subsection.
(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of
(e) Order of consideration
(1) Immigrant visas made available under subsection (a) or (b) of this section shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed with the Attorney General (or in the case of special immigrants under
(2) Immigrant visa numbers made available under subsection (c) of this section (relating to diversity immigrants) shall be issued to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.
(3) Waiting lists of applicants for visas under this section shall be maintained in accordance with regulations prescribed by the Secretary of State.
(f) Authorization for issuance
In the case of any alien claiming in his application for an immigrant visa to be described in
(g) Lists
For purposes of carrying out the Secretary's responsibilities in the orderly administration of this section, the Secretary of State may make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within each of the categories under subsections (a), (b), and (c) of this section and to rely upon such estimates in authorizing the issuance of visas. The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.
(June 27, 1952, ch. 477, title II, ch. 1, §203,
Amendments
1994—Subsec. (b)(5)(B), (C).
Subsec. (b)(6)(C).
1991—Subsec. (b)(1).
Subsec. (b)(1)(C).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (b)(3)(A).
Subsec. (b)(4), (5)(A).
Subsec. (b)(6).
Subsec. (f).
1990—Subsec. (a).
Subsec. (a)(7).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1980—Subsec. (a).
Subsec. (d).
Subsec. (f).
Subsec. (g).
Subsec. (h).
1978—Subsec. (a)(1) to (7).
Subsec. (a)(8).
1976—Subsec. (a).
Subsec. (e).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (h).
1959—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1957—Subsec. (a)(1).
Effective Date of 1994 Amendment
Amendment by section 219(c) of
Effective Date of 1991 Amendments
Amendment by
Amendment by
Effective Date of 1990 Amendment
Amendment by sections 111, 121(a), 131, 162(a)(1) of
Amendment by section 603(a)(3) of
Effective Date of 1980 Amendment
Amendment by section 203(c) of
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Soviet Scientists Immigration
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Soviet Scientists Immigration Act of 1992'.
"SEC. 2. DEFINITIONS.
"For purposes of this Act—
"(1) the term 'Baltic states' means the sovereign nations of Latvia, Lithuania, and Estonia;
"(2) the term 'independent states of the former Soviet Union' means the sovereign nations of Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan; and
"(3) the term 'eligible independent states and Baltic scientists' means aliens—
"(A) who are nationals of any of the independent states of the former Soviet Union or the Baltic states; and
"(B) who are scientists or engineers who have expertise in nuclear, chemical, biological or other high technology fields or who are working on nuclear, chemical, biological or other high-technology defense projects, as defined by the Attorney General.
"SEC. 3. WAIVER OF JOB OFFER REQUIREMENT.
"The requirement in section 203(b)(2)(A) of the Immigration and Nationality Act (
"SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS HAVING EXCEPTIONAL ABILITY.
"(a)
"(b)
"(c)
"(d)
Pilot Immigration Program
"(a) Of the visas otherwise available under section 203(b)(5) of the Immigration and Nationality Act (
"(b) For purposes of the pilot program established in subsection (a), beginning on October 1, 1992, but no later than October 1, 1993, the Secretary of State, together with the Attorney General, shall set aside 300 visas annually for five years to include such aliens as are eligible for admission under section 203(b)(5) of the Immigration and Nationality Act [
"(c) In determining compliance with section 203(b)(5)(A)(iii) of the Immigration and Nationality Act [
Transition for Spouses and Minor Children of Legalized Aliens
Section 112 of
"(a)
"(1)
"(2)
"(A) the sum of the number of aliens described in subparagraphs (A) and (B) of section 201(b)(2) of the Immigration and Nationality Act [
"(B) 239,000.
"(b)
"(c)
"(1) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [
"(2) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [
"(3) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [
"(d)
Transition for Employees of Certain United States Businesses Operating in Hong Kong
Section 124 of
"(a)
"(1)
"(2)
"(3)
"(A) is a resident of Hong Kong and is employed in Hong Kong except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, by a business entity which (i) is owned and organized in the United States (or is the subsidiary or affiliate of a business owned and organized in the United States), (ii) employs at least 100 employees in the United States and at least 50 employees outside the United States, and (iii) has a gross annual income of at least $50,000,000, and
"(B) has an offer of employment from such business entity in the United States as an officer or supervisor or in a capacity that is managerial, executive, or involves specialized knowledge, which offer (i) is effective from the time of filing the petition for classification under this section through and including the time of entry into the United States and (ii) provides for salary and benefits comparable to the salary and benefits provided to others with similar responsibilities and experience within the same company.
"(b)
"(c)
"(d)
"(1)
"(2)
"(3)
"(4)
"(5)
[Section 124 of
Diversity Transition for Aliens Who Are Natives of Certain Adversely Affected Foreign States
Section 217(b) of
"(1)
"(2)
"(3)
Section 132 of
"(a)
"(b)
"(1) is a native of a foreign state that was identified as an adversely affected foreign state for purposes of section 314 of the Immigration Reform and Control Act of 1986 [
"(2) has a firm commitment for employment in the United States for a period of at least 1 year (beginning on the date of admission under this section), and
"(3) except as provided in subsection (c), is admissible as an immigrant.
"(c)
"(d)
"(e)
"(f)
[Section 302(b)(6)(C) of
[Section 302(b)(6)(D)(i) of
One-Year Diversity Transition for Aliens Who Have Been Notified of Availability of NP–5 Visas
Section 133 of
"(1) were notified by the Secretary of State before May 1, 1990, of their selection for issuance of a visa under section 314 of the Immigration Reform and Control Act of 1986 [
"(2) are qualified for the issuance of such a visa but for (A) numerical and fiscal year limitations on the issuance of such visas, (B) section 212(a)(19) or 212(e) of the Immigration and Nationality Act [
Visas shall be made available under this section to spouses and children of qualified immigrants in the same manner as such visas were made available to such spouses and children under section 314 of the Immigration Reform and Control Act of 1986. The Attorney General may waive section 212(a)(19) of the Immigration and Nationality Act (or, on or after June 1, 1991, section 212(a)(6)(C) of such Act) in the case of qualified immigrants described in the first sentence of this section."
[Section 133 of
Transition for Displaced Tibetans
Section 134 of
"(a)
"(b)
"(1) is a native of Tibet, and
"(2) since before date of the enactment of this Act [Nov. 29, 1990], has been continuously residing in India or Nepal.
For purposes of paragraph (1), an alien shall be considered to be a native of Tibet if the alien was born in Tibet or is the son, daughter, grandson, or granddaughter of an individual born in Tibet.
"(c)
"(d)
[Section 134 of
Expedited Issuance of Lebanese Second and Fifth Preference Visas
Section 155 of
"(a)
"(b)
"(1) are natives of Lebanon,
"(2) are not firmly resettled in any foreign country outside Lebanon, and
"(3) as of the date of the enactment of this Act [Nov. 29, 1990], are the beneficiaries of a petition approved to accord status under section 203(a)(2) or 203(a)(5) of the Immigration and Nationality Act [
or who are the spouse or child of such an alien if accompanying or following to join the alien."
[Section 155 of
Order of Consideration
Section 162(a)(2) of
Making Visas Available to Immigrants From Underrepresented Countries To Enhance Diversity in Immigration
"(a)
"(b)
"(c)
"(d)
"(e)
Making Visas Available to Nonpreference Immigrants
"(a)
"(b)
"(1) the Secretary shall first make such visa numbers available to qualified immigrants who are natives of foreign states the immigration of whose natives to the United States was adversely affected by the enactment of
"(2) within groups of qualified immigrants, such visa numbers shall be made available strictly in the chronological order in which they qualify after the date of the enactment of this Act [Nov. 6, 1986].
"(c)
"(d)
[
References to Conditional Entry Requirements of Subsection (a)(7) of This Section in Other Federal Laws
Section 203(h) of
Retroactive Adjustment of Refugee Status
For adjustment of the status of refugees paroled into the United States pursuant to
Entitlement to Preferential Status
Section 9 of
"(a) The amendments made by this Act [see Short Title of 1976 Amendment note set out under
"(b) An alien chargeable to the numerical limitation contained in section 21(e) of the Act of October 3, 1965 (
Nonquota Immigrant Status of Certain Relatives of United States Citizens; Issuance of Nonquota Immigrant Visas on Basis of Petitions Filed Prior to January 1, 1962
Nonquota Immigrant Status of Skilled Specialists; Issuance of Nonquota Immigrant Visas on Basis of Petitions Filed Prior to April 1, 1962
Issuance of Nonquota Immigrant Visas to Certain Eligible Orphans
[Section 23(c) of
Adopted Sons or Adopted Daughters, Preference Status
Section 5(c) of
Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved Prior to July 1, 1958
Section 12A of
Repeal of section 12A of
Issuance of Nonquota Immigrant Visas on Basis of Petitions Approved Prior to July 1, 1957
Section 12 of
Repeal of section 12 of
Special Nonquota Immigrant Visas for Refugees
Section 6 of
Repeal of section 6 of
Nonquota Immigrant Status of Spouses and Children of Certain Aliens
Section 4 of
Repeal of section 4 of
Cross References
Definition of alien, application for admission, Attorney General, child, consular officer, immigrant, immigrant visa, immigration officer, lawfully admitted for permanent residence, parent, and spouse, see
Section Referred to in Other Sections
This section is referred to in
§1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)(A)(i) Any citizen of the United States claiming that an alien is entitled to classification by reason of a relationship described in paragraph (1), (3), or (4) of
(ii) An alien spouse described in the second sentence of
(iii) An alien who is the spouse of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under
(I) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's spouse; and
(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien.
(iv) An alien who is the child of a citizen of the United States, who is a person of good moral character, who is eligible to be classified as an immediate relative under
(I) the alien is residing in the United States and during the period of residence with the citizen parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's citizen parent; and
(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien.
(B)(i) Any alien lawfully admitted for permanent residence claiming that an alien is entitled to a classification by reason of the relationship described in
(ii) An alien who is the spouse of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under
(iii) An alien who is the child of an alien lawfully admitted for permanent residence, who is a person of good moral character, who is eligible for classification under
(I) the alien is residing in the United States and during the period of residence with the permanent resident parent the alien has been battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent; and
(II) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien.
(C) Any alien desiring to be classified under
(D) Any employer desiring and intending to employ within the United States an alien entitled to classification under
(E)(i) Any alien (other than a special immigrant under
(ii) Aliens claiming status as a special immigrant under
(F) Any alien desiring to be classified under
(G)(i) Any alien desiring to be provided an immigrant visa under
(ii)(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be issued under
(II) Aliens who qualify, through random selection, for a visa under
(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause.
(iii) A petition under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe and shall contain such information and be supported by such documentary evidence as the Secretary of State may require.
(H) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph (B), the Attorney General shall consider any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(2)(A) The Attorney General may not approve a spousal second preference petition for the classification of the spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully admitted for permanent residence, unless—
(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for permanent residence, or
(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence) was not entered into for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term "spousal second preference petition" refers to a petition, seeking preference status under
(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior marriage of the alien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status
After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to petitions to accord a status under
(c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with marriage fraud
Notwithstanding the provisions of subsection (b) of this section no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws.
(d) Recommendation of valid home-study
Notwithstanding the provisions of subsections (a) and (b) of this section no petition may be approved on behalf of a child defined in
(e) Subsequent finding of non-entitlement to preference classification
Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to enter the United States as an immigrant under subsection (a), (b), or (c) of
(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982
(1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of such an alien) may file a petition with the Attorney General for classification under
(2) The Attorney General may approve a petition for an alien under paragraph (1) if—
(A) he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950 and before October 22, 1982, and (ii) was fathered by a United States citizen;
(B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4); and
(C) in the case of an alien under eighteen years of age, (i) the alien's placement with a sponsor in the United States has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and actively involved in the intercountry placement of children and (ii) the alien's mother or guardian has in writing irrevocably released the alien for emigration.
(3) In considering petitions filed under paragraph (1), the Attorney General shall—
(A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of the alien's birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2); and
(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative.
(4)(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must—
(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this paragraph referred to as the "sponsor") who is twenty-one years of age or older, is of good moral character, and is a citizen of the United States or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody for the alien after the alien's departure to the United States and until the alien becomes eighteen years of age, in accordance with the laws of the State where the alien and the sponsor will reside, and (II) to furnish, during the five-year period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence, or during the period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever period is longer, such financial support as is necessary to maintain the family in the United States of which the alien is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the Director of the Office of Management and Budget, under
(B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a guarantee if the sponsor dies or is adjudicated a bankrupt under title 11.
(g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings
Notwithstanding subsection (a) of this section, except as provided in
(h) Survival of rights to petition
The legal termination of a marriage may not be the sole basis for revocation under
(June 27, 1952, ch. 477, title II, ch. 1, §204,
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(2).
Subsec. (h).
1991—Subsec. (a)(1)(A).
Subsec. (a)(1)(F).
Subsec. (a)(1)(G)(iii).
Subsec. (e).
Subsec. (f)(4)(A)(ii)(II).
Subsec. (g).
1990—Subsec. (a)(1).
Subsec. (b).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (g).
Subsec. (h).
1988—Subsec. (c).
Subsec. (g)(3)(A).
1986—Subsec. (a).
Subsec. (c).
Subsec. (h).
1982—Subsec. (g).
1981—Subsec. (a).
Subsec. (d).
Subsecs. (e), (f).
1980—Subsec. (d).
1978—Subsec. (c).
Subsecs. (e), (f).
1976—Subsec. (f).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1962—Subsec. (c).
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1991 Amendment
Amendment by sections 302(e)(4), (5) and 308(b) of
Effective Date of 1990 Amendment
Amendment by section 162(b) of
Section 702(c) of
Effective Date of 1986 Amendment
Section 4(b) of
Section 5(c) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Alien Sheepherders
Act Sept. 3, 1954, ch. 1254, §§1–3,
Cross References
Definition of alien, Attorney General, consular officer, immigrant, immigrant visa, organization, and person, see
Section Referred to in Other Sections
This section is referred to in
§1155. Revocation of approval of petitions; notice of revocation; effective date
The Attorney General may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under
(June 27, 1952, ch. 477, title II, ch. 1, §205,
Amendments
1965—
1961—Subsec. (b).
Subsec. (c).
1959—Subsec. (b).
Subsec. (c).
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of alien, Attorney General, child, consular officer, entry, immigrant, immigrant visa, lawfully admitted for permanent residence, parent, and spouse, see
Section Referred to in Other Sections
This section is referred to in
§1156. Unused immigrant visas
If an immigrant having an immigrant visa is excluded from admission to the United States and deported, or does not apply for admission before the expiration of the validity of his visa, or if an alien having an immigrant visa issued to him as a preference immigrant is found not to be a preference immigrant, an immigrant visa or a preference immigrant visa, as the case may be, may be issued in lieu thereof to another qualified alien.
(June 27, 1952, ch. 477, title II, ch. 1, §206,
Amendments
1965—
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of application for admission and Attorney General, see
§1157. Annual admission of refugees and admission of emergency situation refugees
(a) Maximum number of admissions; increases for humanitarian concerns; allocations
(1) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in fiscal year 1980, 1981, or 1982, may not exceed fifty thousand unless the President determines, before the beginning of the fiscal year and after appropriate consultation (as defined in subsection (e) of this section), that admission of a specific number of refugees in excess of such number is justified by humanitarian concerns or is otherwise in the national interest.
(2) Except as provided in subsection (b) of this section, the number of refugees who may be admitted under this section in any fiscal year after fiscal year 1982 shall be such number as the President determines, before the beginning of the fiscal year and after appropriate consultation, is justified by humanitarian concerns or is otherwise in the national interest.
(3) Admissions under this subsection shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after appropriate consultation.
(4) In the determination made under this subsection for each fiscal year (beginning with fiscal year 1992), the President shall enumerate, with the respective number of refugees so determined, the number of aliens who were granted asylum in the previous year.
(b) Determinations by President respecting number of admissions for humanitarian concerns
If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a) of this section, the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection.
(c) Admission by Attorney General of refugees; criteria; admission status of spouse or child; applicability of other statutory requirements; termination of refugee status of alien, spouse or child
(1) Subject to the numerical limitations established pursuant to subsections (a) and (b) of this section, the Attorney General may, in the Attorney General's discretion and pursuant to such regulations as the Attorney General may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter.
(2) A spouse or child (as defined in
(3) The provisions of paragraphs (4), (5), and (7)(A) of
(4) The refugee status of any alien (and of the spouse or child of the alien) may be terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe if the Attorney General determines that the alien was not in fact a refugee within the meaning of
(d) Oversight reporting and consultation requirements
(1) Before the start of each fiscal year the President shall report to the Committees on the Judiciary of the House of Representatives and of the Senate regarding the foreseeable number of refugees who will be in need of resettlement during the fiscal year and the anticipated allocation of refugee admissions during the fiscal year. The President shall provide for periodic discussions between designated representatives of the President and members of such committees regarding changes in the worldwide refugee situation, the progress of refugee admissions, and the possible need for adjustments in the allocation of admissions among refugees.
(2) As soon as possible after representatives of the President initiate appropriate consultation with respect to the number of refugee admissions under subsection (a) of this section or with respect to the admission of refugees in response to an emergency refugee situation under subsection (b) of this section, the Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of such consultation.
(3)(A) After the President initiates appropriate consultation prior to making a determination under subsection (a) of this section, a hearing to review the proposed determination shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals.
(B) After the President initiates appropriate consultation prior to making a determination, under subsection (b) of this section, that the number of refugee admissions should be increased because of an unforeseen emergency refugee situation, to the extent that time and the nature of the emergency refugee situation permit, a hearing to review the proposal to increase refugee admissions shall be held unless public disclosure of the details of the proposal would jeopardize the lives or safety of individuals.
(e) "Appropriate consultation" defined
For purposes of this section, the term "appropriate consultation" means, with respect to the admission of refugees and allocation of refugee admissions, discussions in person by designated Cabinet-level representatives of the President with members of the Committees on the Judiciary of the Senate and of the House of Representatives to review the refugee situation or emergency refugee situation, to project the extent of possible participation of the United States therein, to discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns or grave humanitarian concerns or is otherwise in the national interest, and to provide such members with the following information:
(1) A description of the nature of the refugee situation.
(2) A description of the number and allocation of the refugees to be admitted and an analysis of conditions within the countries from which they came.
(3) A description of the proposed plans for their movement and resettlement and the estimated cost of their movement and resettlement.
(4) An analysis of the anticipated social, economic, and demographic impact of their admission to the United States.
(5) A description of the extent to which other countries will admit and assist in the resettlement of such refugees.
(6) An analysis of the impact of the participation of the United States in the resettlement of such refugees on the foreign policy interests of the United States.
(7) Such additional information as may be appropriate or requested by such members.
To the extent possible, information described in this subsection shall be provided at least two weeks in advance of discussions in person by designated representatives of the President with such members.
(June 27, 1952, ch. 477, title II, ch. 1, §207, as added Mar. 17, 1980,
Prior Provisions
A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1, §207,
Amendments
1991—Subsec. (c)(3).
1990—Subsec. (a)(4).
Subsec. (c)(3).
1988—Subsec. (c)(1).
Effective Date of 1991 Amendment
Section 307(l) of
Effective Date of 1990 Amendment
Amendment by section 104(b) of
Amendment by section 603(a)(4) of
Effective Date
Section (with the exception of subsec. (c) which is effective Apr. 1, 1980) effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of
Establishing Categories of Aliens for Purposes of Refugee Determinations
"(a)
"(b)
"(1) For purposes of subsection (a), the Attorney General, in consultation with the Secretary of State and the Coordinator for Refugee Affairs, shall establish—
"(A) one or more categories of aliens who are or were nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion, and
"(B) one or more categories of aliens who are or were nationals and residents of Vietnam, Laos, or Cambodia and who share common characteristics that identify them as targets of persecution in such respective foreign state on such an account.
"(2)(A) Aliens who are (or were) nationals and residents of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who are Jews or Evangelical Christians shall be deemed a category of alien established under paragraph (1)(A).
"(B) Aliens who are (or were) nationals of an independent state of the former Soviet Union or of Estonia, Latvia, or Lithuania and who are current members of, and demonstrate public, active, and continuous participation (or attempted participation) in the religious activities of, the Ukrainian Catholic Church or the Ukrainian Orthodox Church, shall be deemed a category of alien established under paragraph (1)(A).
"(C) Aliens who are (or were) nationals and residents of Vietnam, Laos, or Cambodia and who are members of categories of individuals determined, by the Attorney General in accordance with 'Immigration and Naturalization Service Worldwide Guidelines for Overseas Refugee Processing' (issued by the Immigration and Naturalization Service in August 1983) shall be deemed a category of alien established under paragraph (1)(B).
"(3) Within the number of admissions of refugees allocated for for [sic] each of fiscal years 1990, 1991, and 1992 for refugees who are nationals of the Soviet Union under section 207(a)(3) of the Immigration and Nationality Act [
"(c)
"(d)
"(e)
"(1) Subsections (a) and (b) shall take effect on the date of the enactment of this Act [Nov. 21, 1989] and shall only apply to applications for refugee status submitted before October 1, 1996.
"(2) Subsection (c) shall apply to decisions made after the date of the enactment of this Act and before October 1, 1996.
"(3) Subsection (d) shall take effect on the date of the enactment of this Act and shall only apply to reapplications for refugee status submitted before October 1, 1996."
[Except as otherwise provided, Secretary of State to have and exercise any authority vested by law in any official or office of Department of State and references to such officials or offices deemed to refer to Secretary of State or Department of State, as appropriate, see
El Salvadoran Refugees
Time for Determinations by President for Fiscal Year 1980
Section 204(d)(1) of
Presidential Determination Concerning Admission and Adjustment of Status of Refugees
Determinations by the President pursuant to this section concerning the admission and adjustment of status of refugees for particular fiscal years were contained in the following Presidential Determinations:
Presidential Determination No. 95–48, Sept. 29, 1995, 60 F.R. 53091.
Presidential Determination No. 95–1, Oct. 1, 1994, 59 F.R. 52393.
Presidential Determination No. 94–1, Oct. 1, 1993, 58 F.R. 52213.
Presidential Determination No. 93–1, Oct. 2, 1992, 57 F.R. 47253.
Presidential Determination No. 92–2, Oct. 9, 1991, 56 F.R. 51633.
Presidential Determination No. 91–3, Oct. 12, 1990, 55 F.R. 41979.
Presidential Determination No. 90–2, Oct. 6, 1989, 54 F.R. 43035.
Presidential Determination No. 89–15, June 19, 1989, 54 F.R. 31493.
Presidential Determination No. 89–2, Oct. 5, 1988, 53 F.R. 45249.
Presidential Determination No. 88–16, May 20, 1988, 53 F.R. 21405.
Presidential Determination No. 88–01, Oct. 5, 1987, 52 F.R. 42073.
Presidential Determination No. 87–1, Oct. 17, 1986, 51 F.R. 39637.
Presidential Determination No. 83–2, Oct. 11, 1982, 47 F.R. 46483.
Presidential Determination No. 82–1, Oct. 10, 1981, 46 F.R. 55233.
Presidential Determination No. 80–28, Sept. 30, 1980, 45 F.R. 68365.
Ex. Ord. No. 12208. Consultations on the Admission of Refugees
Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Refugee Act of 1980 (
1–101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are hereby delegated the following functions:
(a) To the Secretary of State and the Attorney General, or either of them, the functions of initiating and carrying out appropriate consultations with members of the Committees on the Judiciary of the Senate and of the House of Representatives for purposes of Sections 101(a)(42)(B) and 207(a), (b), (d), and (e) of the Immigration and Nationality Act, as amended (
(b) To the United States Coordinator for Refugee Affairs, the functions of reporting and carrying on periodic discussions under section 207(d)(1) of the Immigration and Nationality Act, as amended [
1–102. (a) The functions vested in the United States Coordinator for Refugee Affairs by Section 1–101(b) of this Order shall be carried out in consultation with the Secretary of State, the Attorney General, and the Secretary of Health and Human Services.
(b) The United States Coordinator shall notify the Committees on the Judiciary of the Senate and of the House of Representatives that the Secretary of State and the Attorney General, or either of them, wish to consult for the purposes of Section 207(a), (b), or (d) of the Immigration and Nationality Act, as amended [
1–103. There are reserved to the President the following functions under the Immigration and Nationality Act, as amended [
(a) To specify special circumstances for purposes of qualifying persons as refugees under Section 101(a)(42)(B) [
(b) To make determinations under Sections 207(a)(1), 207(a)(2), 207(a)(3) and 207(b) [
(c) To fix the number of refugees to be admitted under Section 207(b).
1–104. Except to the extent inconsistent with this Order, all actions previously taken pursuant to any function delegated or assigned by this Order shall be deemed to have been taken and authorized by this Order.
Section Referred to in Other Sections
This section is referred to in
§1158. Asylum procedure
(a) Establishment by Attorney General; coverage
The Attorney General shall establish a procedure for an alien physically present in the United States or at a land border or port of entry, irrespective of such alien's status, to apply for asylum, and the alien may be granted asylum in the discretion of the Attorney General if the Attorney General determines that such alien is a refugee within the meaning of
(b) Termination of asylum by Attorney General; criteria
Asylum granted under subsection (a) of this section may be terminated if the Attorney General, pursuant to such regulations as the Attorney General may prescribe, determines that the alien is no longer a refugee within the meaning of
(c) Status of spouse or child of alien granted asylum
A spouse or child (as defined in
(d) Aliens convicted of aggravated felony
An alien who has been convicted of an aggravated felony, notwithstanding subsection (a) of this section, may not apply for or be granted asylum.
(e) Employment authorization
An applicant for asylum is not entitled to employment authorization except as may be provided by regulation in the discretion of the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 1, §208, as added Mar. 17, 1980,
Amendments
1994—Subsec. (e).
1990—Subsec. (d).
Effective Date of 1990 Amendment
Section 515(b) of
"(1) The amendment made by subsection (a)(1) [amending this section] shall apply to convictions entered before, on, or after the date of the enactment of this Act [Nov. 29, 1990] and to applications for asylum made on or after such date.
"(2) The amendment made by subsection (a)(2) [amending
Effective Date
Section effective Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of
Expeditious Deportation for Denied Asylum Applicants
Section 130005 of
"(a)
"(b)
"(c)
"(1) $64,000,000 for fiscal year 1995;
"(2) $90,000,000 for fiscal year 1996;
"(3) $93,000,000 for fiscal year 1997; and
"(4) $91,000,000 for fiscal year 1998."
Time for Establishment of Asylum Procedure by Attorney General
Section 204(d)(2) of
Section Referred to in Other Sections
This section is referred to in
§1159. Adjustment of status of refugees
(a) Criteria and procedures applicable for admission as immigrant; effect of adjustment
(1) Any alien who has been admitted to the United States under
(A) whose admission has not been terminated by the Attorney General pursuant to such regulations as the Attorney General may prescribe,
(B) who has been physically present in the United States for at least one year, and
(C) who has not acquired permanent resident status,
shall, at the end of such year period, return or be returned to the custody of the Service for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of
(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before a special inquiry officer to be admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of the alien's inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien's arrival into the United States.
(b) Maximum number of adjustments; recordkeeping
Not more than 10,000 of the refugee admissions authorized under
(1) applies for such adjustment,
(2) has been physically present in the United States for at least one year after being granted asylum,
(3) continues to be a refugee within the meaning of
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under subsection (c) of this section) as an immigrant under this chapter at the time of examination for adjustment of such alien.
Upon approval of an application under this subsection, the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application.
(c) Applicability of other Federal statutory requirements
The provisions of paragraphs (4), (5), and (7)(A) of
(June 27, 1952, ch. 477, title II, ch. 1, §209, as added Mar. 17, 1980,
Amendments
1991—Subsec. (c).
1990—Subsec. (b).
Subsec. (c).
Effective Date of 1991 Amendment
Section 307(l) of
Effective Date of 1990 Amendment
Section 104(a)(2) of
Amendment by section 603(a)(4) of
Effective Date
Section effective, except as otherwise provided, Mar. 17, 1980, and applicable to fiscal years beginning with the fiscal year beginning Oct. 1, 1979, see section 204 of
Waiver of Numerical Limitation for Certain Current Asylees; Adjustment of Certain Former Asylees
Section 104(c), (d) of
"(c)
"(d)
"(1)
"(A) who was granted asylum before the date of the enactment of this Act [Nov. 29, 1990] (regardless of whether or not such asylum has been terminated under section 208(b) of the Immigration and Nationality Act [
"(B) who is no longer a refugee because of a change in circumstances in a foreign state, and
"(C) who was (or would be) qualified for adjustment of status under section 209(b) of the Immigration and Nationality Act as of the date of the enactment of this Act but for paragraphs (2) and (3) thereof and but for any numerical limitation under such section.
"(2)
[Section 104(c), (d) of
Section Referred to in Other Sections
This section is referred to in
§1160. Special agricultural workers
(a) Lawful residence
(1) In general
The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the Attorney General determines that the alien meets the following requirements:
(A) Application period
The alien must apply for such adjustment during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986.
(B) Performance of seasonal agricultural services and residence in the United States
The alien must establish that he has—
(i) resided in the United States, and
(ii) performed seasonal agricultural services in the United States for at least 90 man-days,
during the 12-month period ending on May 1, 1986. For purposes of the previous sentence, performance of seasonal agricultural services in the United States for more than one employer on any one day shall be counted as performance of services for only 1 man-day.
(C) Admissible as immigrant
The alien must establish that he is admissible to the United States as an immigrant, except as otherwise provided under subsection (c)(2) of this section.
(2) Adjustment to permanent residence
The Attorney General shall adjust the status of any alien provided lawful temporary resident status under paragraph (1) to that of an alien lawfully admitted for permanent residence on the following date:
(A) Group 1
Subject to the numerical limitation established under subparagraph (C), in the case of an alien who has established, at the time of application for temporary residence under paragraph (1), that the alien performed seasonal agricultural services in the United States for at least 90 man-days during each of the 12-month periods ending on May 1, 1984, 1985, and 1986, the adjustment shall occur on the first day after the end of the one-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
(B) Group 2
In the case of aliens to which subparagraph (A) does not apply, the adjustment shall occur on the day after the last day of the two-year period that begins on the later of (I) the date the alien was granted such temporary resident status, or (II) the day after the last day of the application period described in paragraph (1)(A).
(C) Numerical limitation
Subparagraph (A) shall not apply to more than 350,000 aliens. If more than 350,000 aliens meet the requirements of such subparagraph, such subparagraph shall apply to the 350,000 aliens whose applications for adjustment were first filed under paragraph (1) and subparagraph (B) shall apply to the remaining aliens.
(3) Termination of temporary residence
(A) During the period of temporary resident status granted an alien under paragraph (1), the Attorney General may terminate such status only upon a determination under this chapter that the alien is deportable.
(B) Before any alien becomes eligible for adjustment of status under paragraph (2), the Attorney General may deny adjustment to permanent status and provide for termination of the temporary resident status granted such alien under paragraph (1) if—
(i) the Attorney General finds by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as set out in
(ii) the alien commits an act that (I) makes the alien inadmissible to the United States as an immigrant, except as provided under subsection (c)(2) of this section, or (II) is convicted of a felony or 3 or more misdemeanors committed in the United States.
(4) Authorized travel and employment during temporary residence
During the period an alien is in lawful temporary resident status granted under this subsection, the alien has the right to travel abroad (including commutation from a residence abroad) and shall be granted authorization to engage in employment in the United States and shall be provided an "employment authorized" endorsement or other appropriate work permit, in the same manner as for aliens lawfully admitted for permanent residence.
(5) In general
Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under paragraph (1), such status not having changed, is considered to be an alien lawfully admitted for permanent residence (as described in
(b) Applications for adjustment of status
(1) To whom may be made
(A) Within the United States
The Attorney General shall provide that applications for adjustment of status under subsection (a) may be filed—
(i) with the Attorney General, or
(ii) with a designated entity (designated under paragraph (2)), but only if the applicant consents to the forwarding of the application to the Attorney General.
(B) Outside the United States
The Attorney General, in cooperation with the Secretary of State, shall provide a procedure whereby an alien may apply for adjustment of status under subsection (a)(1) of this section at an appropriate consular office outside the United States. If the alien otherwise qualifies for such adjustment, the Attorney General shall provide such documentation of authorization to enter the United States and to have the alien's status adjusted upon entry as may be necessary to carry out the provisions of this section.
(2) Designation of entities to receive applications
For purposes of receiving applications under this section, the Attorney General—
(A) shall designate qualified voluntary organizations and other qualified State, local, community, farm labor organizations, and associations of agricultural employers, and
(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under
(3) Proof of eligibility
(A) In general
An alien may establish that he meets the requirement of subsection (a)(1)(B)(ii) of this section through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name.
(B) Documentation of work history
(i) An alien applying for adjustment of status under subsection (a)(1) of this section has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of man-days (as required under subsection (a)(1)(B)(ii) of this section).
(ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Attorney General.
(iii) An alien can meet such burden of proof if the alien establishes that the alien has in fact performed the work described in subsection (a)(1)(B)(ii) of this section by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.
(4) Treatment of applications by designated entities
Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
(5) Limitation on access to information
Files and records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien.
(6) Confidentiality of information
Neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may—
(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application including a determination under subparagraph 1 (a)(3)(B), or for enforcement of paragraph (7).2
(B) make any publication whereby the information furnished by any particular individual can be identified, or
(C) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications.
Anyone who uses, publishes, or permits information to be examined in violation of this paragraph shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
(7) Penalties for false statements in applications
(A) Criminal penalty
Whoever—
(i) files an application for adjustment of status under this section and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, or
(ii) creates or supplies a false writing or document for use in making such an application,
shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
(B) Exclusion
An alien who is convicted of a crime under subparagraph (A) shall be considered to be inadmissible to the United States on the ground described in
(c) Waiver of numerical limitations and certain grounds for exclusion
(1) Numerical limitations do not apply
The numerical limitations of
(2) Waiver of grounds for exclusion
In the determination of an alien's admissibility under subsection (a)(1)(C) of this section—
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A) of
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General may waive any other provision of
(ii) Grounds that may not be waived
The following provisions of
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (4) (relating to aliens likely to become public charges).
(III) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana.
(IV) Paragraph (3) (relating to security and related grounds), other than subparagraph (E) thereof.
(C) Special rule for determination of public charge
An alien is not ineligible for adjustment of status under this section due to being inadmissible under
(d) Temporary stay of exclusion or deportation and work authorization for certain applicants
(1) Before application period
The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1) of this section and who can establish a nonfrivolous case of eligibility to have his status adjusted under subsection (a) of this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien—
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit.
(2) During application period
The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) of this section during the application period, and until a final determination on the application has been made in accordance with this section, the alien—
(A) may not be excluded or deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit.
(3) Use of application fees to offset program costs
No application fees collected by the Service pursuant to this subsection may be used by the Service to offset the costs of the special agricultural worker legalization program until the Service implements the program consistent with the statutory mandate as follows:
(A) During the application period described in subsection (a)(1)(A) of this section the Service may grant temporary admission to the United States, work authorization, and provide an "employment authorized" endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection (a) of this section at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in this chapter.
(B) During the application period described in subsection (a)(1)(A) of this section any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) of this section pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection.
(C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is credible.
(e) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
(2) Administrative review
(A) Single level of administrative appellate review
The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.
(B) Standard for review
Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
(3) Judicial review
(A) Limitation to review of exclusion or deportation
There shall be judicial review of such a denial only in the judicial review of an order of exclusion or deportation under
(B) Standard for judicial review
Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
(f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children
During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a) of this section, and notwithstanding any other provision of law, the alien is not eligible for aid under a State plan approved under part A of title IV of the Social Security Act [
(g) Treatment of special agricultural workers
For all purposes (subject to subsections (a)(5) and (f) of this section) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence (within the meaning of
(h) "Seasonal agricultural services" defined
In this section, the term "seasonal agricultural services" means the performance of field work related to planting, cultural practices, cultivating, growing and harvesting of fruits and vegetables of every kind and other perishable commodities, as defined in regulations by the Secretary of Agriculture.
(June 27, 1952, ch. 477, title II, ch. 1, §210, as added Nov. 6, 1986,
References in Text
The Social Security Act, referred to in subsec. (f), is act Aug. 14, 1935, ch. 531,
Amendments
1994—Subsec. (d)(3).
Subsec. (d)(3)(B).
1991—Subsec. (b)(7)(B).
Subsec. (d)(3).
Subsec. (d)(3)(A).
Subsec. (d)(3)(B).
1990—Subsec. (a)(3)(B)(i).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B)(ii)(I).
Subsec. (c)(2)(B)(ii)(II).
Subsec. (c)(2)(B)(ii)(III).
Subsec. (c)(2)(B)(ii)(IV).
Subsec. (c)(2)(B)(ii)(V).
Subsec. (c)(2)(C).
1989—Subsec. (a)(3).
Subsec. (b)(6)(A).
1988—Subsec. (g).
1987—Subsec. (d)(3).
Effective Date of 1994 Amendment
Section 219(z) of
Amendment by section 219(d) of
Effective Date of 1991 Amendment
Section 307(j) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Commission on Agricultural Workers
Section 304 of
"(a)
"(A) six to be appointed by the President,
"(B) three to be appointed by the Speaker of the House of Representatives, and
"(C) three to be appointed by the President pro tempore of the Senate.
"(2) In making appointments under paragraph (1)(A), the President shall consult—
"(A) with the Attorney General in appointing two members,
"(B) with the Secretary of Labor in appointing two members, and
"(C) with the Secretary of Agriculture in appointing two members.
"(3) A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.
"(4) Members shall be appointed to serve for the life of the Commission.
"(b)
"(A) The impact of the special agricultural worker provisions on the wages and working conditions of domestic farmworkers, on the adequacy of the supply of agricultural labor, and on the ability of agricultural workers to organize.
"(B) The extent to which aliens who have obtained lawful permanent or temporary resident status under the special agricultural worker provisions continue to perform seasonal agricultural services and the requirement that aliens who become special agricultural workers under section 210A of the Immigration and Nationality Act [
"(C) The impact of the legalization program and the employers' sanctions on the supply of agricultural labor.
"(D) The extent to which the agricultural industry relies on the employment of a temporary workforce.
"(E) The adequacy of the supply of agricultural labor in the United States and whether this supply needs to be further supplemented with foreign labor and the appropriateness of the numerical limitation on additional special agricultural workers imposed under section 210A(b) of the Immigration and Nationality Act [
"(F) The extent of unemployment and underemployment of farmworkers who are United States citizens or aliens lawfully admitted for permanent residence.
"(G) The extent to which the problems of agricultural employers in securing labor are related to the lack of modern labor-management techniques in agriculture.
"(H) Whether certain geographic regions need special programs or provisions to meet their unique needs for agricultural labor.
"(I) Impact of the special agricultural worker provisions on the ability of crops harvested in the United States to compete in international markets.
"(2) The Commission shall conduct an overall evaluation of the special agricultural worker provisions, including the process for determining whether or not an agricultural labor shortage exists.
"(c)
"(d)
"(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)
"(2) The Chairman and the Vice Chairman of the Commission shall be elected by the members of the Commission for the life of the Commission.
"(3) The Commission shall meet at the call of the Chairman or a majority of its members.
"(f)
"(2) The Commission may procure temporary and intermittent services under
"(g)
"(2) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission.
"(3) The Commission may accept, use, and dispose of gifts or donations of services or property.
"(4) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.
"(5) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
"(h)
"(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.
"(i)
"(j)
"(1) The term 'employer sanctions' means the provisions of section 274A of the Immigration and Nationality Act [
"(2) The term 'legalization program' refers to the provisions of section 245A of the Immigration and Nationality Act [
"(3) The term 'seasonal agricultural services' has the meaning given such term in section 210(h) of the Immigration and Nationality Act [
"(4) The term 'special agricultural worker provisions' refers to sections 210 and 210A of the Immigration and Nationality Act [
[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "subsection".
2 So in original. The period probably should be a comma.
§1161. Repealed. Pub. L. 103–416, title II, §219(ee)(1), Oct. 25, 1994, 108 Stat. 4319
Section, act June 27, 1952, ch. 477, title II, ch. 1, §210A, as added Nov. 6, 1986,
Effective Date of Repeal
Repeal effective as if included in the enactment of the Immigration Act of 1990,
Part II—Admission Qualifications for Aliens; Travel Control of Citizens and Aliens
§1181. Admission of immigrants into the United States
(a) Documents required; admission under quotas before June 30, 1968
Except as provided in subsection (b) and subsection (c) of this section no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) presents a valid unexpired passport or other suitable travel document or document of identity and nationality, if such document is required under the regulations issued by the Attorney General. With respect to immigrants to be admitted under quotas of quota areas prior to June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is properly chargeable to the quota area under the quota of which the visa is issued.
(b) Readmission without required documents; Attorney General's discretion
Notwithstanding the provisions of
(c) Nonapplicability to aliens admitted as refugees
The provisions of subsection (a) of this section shall not apply to an alien whom the Attorney General admits to the United States under
(June 27, 1952, ch. 477, title II, ch. 2, §211,
Amendments
1990—Subsec. (b).
1980—Subsec. (a).
Subsec. (c).
1976—Subsec. (b).
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of alien, application for admission, Attorney General, immigrant, immigrant visa, lawfully admitted for permanent residence, national, parent, passport, and United States, see
Reentry permit, see
Section Referred to in Other Sections
This section is referred to in
§1182. Excludable aliens
(a) Classes of excludable aliens
Except as otherwise provided in this chapter, the following describes classes of excludable aliens who are ineligible to receive visas and who shall be excluded from admission into the United States:
(1) Health-related grounds
(A) In general
Any alien—
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,
(ii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict,
is excludable.
(B) Waiver authorized
For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g) of this section.
(2) Criminal and related grounds
(A) Conviction of certain crimes
(i) In general
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—
(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in
is excludable.
(ii) Exception
Clause (i)(I) shall not apply to an alien who committed only one crime if—
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement actually imposed were 5 years or more is excludable.
(C) Controlled substance traffickers
Any alien who the consular or immigration officer knows or has reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assister, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance, is excludable.
(D) Prostitution and commercialized vice
Any alien who—
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, entry, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, entry, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is excludable.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Any alien—
(i) who has committed in the United States at any time a serious criminal offense (as defined in
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,
is excludable.
(F) Waiver authorized
For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h) of this section.
(3) Security and related grounds
(A) In general
Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in—
(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other unlawful activity, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is excludable.
(B) Terrorist activities
(i) In general
Any alien who—
(I) has engaged in a terrorist activity, or
(II) a consular officer or the Attorney General knows, or has reasonable ground to believe, is likely to engage after entry in any terrorist activity (as defined in clause (iii)),
is excludable. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this chapter, to be engaged in a terrorist activity.
(ii) "Terrorist activity" defined
As used in this chapter, the term "terrorist activity" means any activity which is unlawful under the laws of the place where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United States or any State) and which involves any of the following:
(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
(III) A violent attack upon an internationally protected person (as defined in
(IV) An assassination.
(V) The use of any—
(a) biological agent, chemical agent, or nuclear weapon or device, or
(b) explosive or firearm (other than for mere personal monetary gain),
with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property.
(VI) A threat, attempt, or conspiracy to do any of the foregoing.
(iii) "Engage in terrorist activity" defined
As used in this chapter, the term "engage in terrorist activity" means to commit, in an individual capacity or as a member of an organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material support to any individual, organization, or government in conducting a terrorist activity at any time, including any of the following acts:
(I) The preparation or planning of a terrorist activity.
(II) The gathering of information on potential targets for terrorist activity.
(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false identification, weapons, explosives, or training, to any individual the actor knows or has reason to believe has committed or plans to commit a terrorist activity.
(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization.
(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorist activity.
(C) Foreign policy
(i) In general
An alien whose entry or proposed activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is excludable.
(ii) Exception for officials
An alien who is an official of a foreign government or a purported government, or who is a candidate for election to a foreign government office during the period immediately preceding the election for that office, shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) solely because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States.
(iii) Exception for other aliens
An alien, not described in clause (ii), shall not be excludable or subject to restrictions or conditions on entry into the United States under clause (i) because of the alien's past, current, or expected beliefs, statements, or associations, if such beliefs, statements, or associations would be lawful within the United States, unless the Secretary of State personally determines that the alien's admission would compromise a compelling United States foreign policy interest.
(iv) Notification of determinations
If a determination is made under clause (iii) with respect to an alien, the Secretary of State must notify on a timely basis the chairmen of the Committees on the Judiciary and Foreign Affairs of the House of Representatives and of the Committees on the Judiciary and Foreign Relations of the Senate of the identity of the alien and the reasons for the determination.
(D) Immigrant membership in totalitarian party
(i) In general
Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party (or subdivision or affiliate thereof), domestic or foreign, is excludable.
(ii) Exception for involuntary membership
Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that the membership or affiliation is or was involuntary, or is or was solely when under 16 years of age, by operation of law, or for purposes of obtaining employment, food rations, or other essentials of living and whether necessary for such purposes.
(iii) Exception for past membership
Clause (i) shall not apply to an alien because of membership or affiliation if the alien establishes to the satisfaction of the consular officer when applying for a visa (or to the satisfaction of the Attorney General when applying for admission) that—
(I) the membership or affiliation terminated at least—
(a) 2 years before the date of such application, or
(b) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date, and
(II) the alien is not a threat to the security of the United States.
(iv) Exception for close family members
The Attorney General may, in the Attorney General's discretion, waive the application of clause (i) in the case of an immigrant who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the immigrant is not a threat to the security of the United States.
(E) Participants in Nazi persecutions or genocide
(i) Participation in Nazi persecutions
Any alien who, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with—
(I) the Nazi government of Germany,
(II) any government in any area occupied by the military forces of the Nazi government of Germany,
(III) any government established with the assistance or cooperation of the Nazi government of Germany, or
(IV) any government which was an ally of the Nazi government of Germany,
ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion is excludable.
(ii) Participation in genocide
Any alien who has engaged in conduct that is defined as genocide for purposes of the International Convention on the Prevention and Punishment of Genocide is excludable.
(4) Public charge
Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is excludable.
(5) Labor certification and qualifications for certain immigrants
(A) Labor certification
(i) In general
Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is excludable, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that—
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule
For purposes of clause (i)(I), an alien described in this clause is an alien who—
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
(B) Unqualified physicians
An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is excludable, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien 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.
(C) Application of grounds
The grounds for exclusion of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of
(6) Illegal entrants and immigration violators
(A) Aliens previously deported
Any alien who has been excluded from admission and deported and who again seeks admission within one year of the date of such deportation is excludable, unless prior to the alien's reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's reapplying for admission.
(B) Certain aliens previously removed
Any alien who—
(i) has been arrested and deported,
(ii) has fallen into distress and has been removed pursuant to this chapter or any prior Act,
(iii) has been removed as an alien enemy, or
(iv) has been removed at Government expense in lieu of deportation pursuant to
and (a) who seeks admission within 5 years of the date of such deportation or removal, or (b) who seeks admission within 20 years in the case of an alien convicted of an aggravated felony, is excludable, unless before the date of the alien's embarkation or reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory the Attorney General has consented to the alien's applying or reapplying for admission.
(C) Misrepresentation
(i) In general
Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under this chapter is excludable.
(ii) Waiver authorized
For provision authorizing waiver of clause (i), see subsection (i) of this section.
(D) Stowaways
Any alien who is a stowaway is excludable.
(E) Smugglers
(i) In general
Any alien who at any time knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is excludable.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under
(iii) Waiver authorized
For provision authorizing waiver of clause (i), see subsection (d)(11) of this section.
(F) Subject of civil penalty
An alien who is the subject of a final order for violation of
(7) Documentation requirements
(A) Immigrants
(i) In general
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission—
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under
(II) whose visa has been issued without compliance with the provisions of
is excludable.
(ii) Waiver authorized
For provision authorizing waiver of clause (i), see subsection (k) of this section.
(B) Nonimmigrants
(i) In general
Any nonimmigrant who—
(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or
(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission,
is excludable.
(ii) General waiver authorized
For provision authorizing waiver of clause (i), see subsection (d)(4) of this section.
(iii) Guam visa waiver
For provision authorizing waiver of clause (i) in the case of visitors to Guam, see subsection (l) of this section.
(iv) Visa waiver pilot program
For authority to waive the requirement of clause (i) under a pilot program, see
(8) Ineligible for citizenship
(A) In general
Any immigrant who is permanently ineligible to citizenship is excludable.
(B) Draft evaders
Any person who has departed from or who has remained outside the United States to avoid or evade training or service in the armed forces in time of war or a period declared by the President to be a national emergency is excludable, except that this subparagraph shall not apply to an alien who at the time of such departure was a nonimmigrant and who is seeking to reenter the United States as a nonimmigrant.
(9) Miscellaneous
(A) Practicing polygamists
Any immigrant who is coming to the United States to practice polygamy is excludable.
(B) Guardian required to accompany excluded alien
Any alien accompanying another alien ordered to be excluded and deported and certified to be helpless from sickness or mental or physical disability or infancy pursuant to
(C) International child abduction
(i) In general
Except as provided in clause (ii), any alien who, after entry of an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order.
(ii) Exception
Clause (i) shall not apply so long as the child is located in a foreign state that is a party to the Hague Convention on the Civil Aspects of International Child Abduction.
(b) Notices of denials
If an alien's application for a visa, for admission to the United States, or for adjustment of status is denied by an immigration or consular officer because the officer determines the alien to be excludable under subsection (a) of this section, the officer shall provide the alien with a timely written notice that—
(1) states the determination, and
(2) lists the specific provision or provisions of law under which the alien is excludable or ineligible for entry or adjustment of status.
(c) Nonapplicability of subsection (a)
Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) of this section (other than paragraphs (3) and (9)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under
(d) Temporary admission of nonimmigrants
(1) The Attorney General shall determine whether a ground for exclusion exists with respect to a nonimmigrant described in
(2) Repealed.
(3) Except as provided in this subsection, an alien (A) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (B) who is inadmissible under subsection (a) of this section (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of excludable aliens applying for temporary admission under this paragraph.
(4) Either or both of the requirements of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General and the Secretary of State acting jointly (A) on the basis of unforeseen emergency in individual cases, or (B) on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or (C) in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in
(5)(A) The Attorney General may, except as provided in subparagraph (B) or in
(B) The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under
(6) Repealed.
(7) The provisions of subsection (a) of this section (other than paragraph (7)) shall be applicable to any alien who shall leave Guam, Puerto Rico, or the Virgin Islands of the United States, and who seeks to enter the continental United States or any other place under the jurisdiction of the United States. The Attorney General shall by regulations provide a method and procedure for the temporary admission to the United States of the aliens described in this proviso. Any alien described in this paragraph, who is excluded from admission to the United States, shall be immediately deported in the manner provided by
(8) Upon a basis of reciprocity accredited officials of foreign governments, their immediate families, attendants, servants, and personal employees may be admitted in immediate and continuous transit through the United States without regard to the provisions of this section except paragraphs (3)(A), (3)(B), (3)(C), and (7)(B) of subsection (a) of this section.
(9), (10) Repealed.
(11) The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) of subsection (a)(6)(E) of this section in the case of any alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation, and who is otherwise admissible to the United States as a returning resident under
(e) Educational visitor status; foreign residence requirement; waiver
No person admitted under
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
(g) Bond and conditions for admission of alien excludable on health-related grounds
The Attorney General may waive the application of—
(1) subsection (a)(1)(A)(i) in the case of any alien who—
(A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or
(B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa, or
(2) subsection (a)(1)(A)(ii) of this section in the case of any alien,
in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in his discretion after consultation with the Secretary of Health and Human Services, may by regulation prescribe.
(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)
The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) of this section and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if—
(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that—
(i) the alien is excludable only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry, or adjustment of status,
(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and
(iii) the alien has been rehabilitated; or
(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and
(2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the alien's applying or reapplying for a visa, for admission to the United States, or adjustment of status.
No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture.
(i) Admission of immigrant excludable for fraud or willful misrepresentation of material fact
The Attorney General may, in his discretion, waive application of clause (i) of subsection (a)(6)(C) of this section—
(1) in the case of an immigrant who is the spouse, parent, or son or daughter of a United States citizen or of an immigrant lawfully admitted for permanent residence, or
(2) if the fraud or misrepresentation occurred at least 10 years before the date of the immigrant's application for a visa, entry, or adjustment of status and it is established to the satisfaction of the Attorney General that the admission to the United States of such immigrant would not be contrary to the national welfare, safety, or security of the United States.
(j) Limitation on immigration of foreign medical graduates
(1) The additional requirements referred to in
(A) A school of medicine or of one of the other health professions, which is accredited by a body or bodies approved for the purpose by the Secretary of Education, has agreed in writing to provide the graduate medical education or training under the program for which the alien is coming to the United States or to assume responsibility for arranging for the provision thereof by an appropriate public or nonprofit private institution or agency, except that, in the case of such an agreement by a school of medicine, any one or more of its affiliated hospitals which are to participate in the provision of the graduate medical education or training must join in the agreement.
(B) Before making such agreement, the accredited school has been satisfied that the alien (i) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States); or (ii)(I) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services), (II) has competency in oral and written English, (III) will be able to adapt to the educational and cultural environment in which he will be receiving his education or training, and (IV) has adequate prior education and training to participate satisfactorily in the program for which he is coming to the United States. For the purposes of this subparagraph, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners examination if the alien 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.
(C) The alien has made a commitment to return to the country of his nationality or last residence upon completion of the education or training for which he is coming to the United States, and the government of the country of his nationality or last residence has provided a written assurance, satisfactory to the Secretary of Health and Human Services, that there is a need in that country for persons with the skills the alien will acquire in such education or training.
(D) The duration of the alien's participation in the program of graduate medical education or training for which the alien is coming to the United States is limited to the time typically required to complete such program, as determined by the Director of the United States Information Agency at the time of the alien's entry into the United States, based on criteria which are established in coordination with the Secretary of Health and Human Services and which take into consideration the published requirements of the medical specialty board which administers such education or training program; except that—
(i) such duration is further limited to seven years unless the alien has demonstrated to the satisfaction of the Director that the country to which the alien will return at the end of such specialty education or training has an exceptional need for an individual trained in such specialty, and
(ii) the alien may, once and not later than two years after the date the alien enters the United States as an exchange visitor or acquires exchange visitor status, change the alien's designated program of graduate medical education or training if the Director approves the change and if a commitment and written assurance with respect to the alien's new program have been provided in accordance with subparagraph (C).
(E) The alien furnishes the Attorney General each year with an affidavit (in such form as the Attorney General shall prescribe) that attests that the alien (i) is in good standing in the program of graduate medical education or training in which the alien is participating, and (ii) will return to the country of his nationality or last residence upon completion of the education or training for which he came to the United States.
(2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical profession may not be admitted as a nonimmigrant under
(A) the alien 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, or
(B)(i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and
(ii)(I) has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States).
(3) The Director of the United States Information Agency annually shall transmit to the Congress a report on aliens who have submitted affidavits described in paragraph (1)(E), and shall include in such report the name and address of each such alien, the medical education or training program in which such alien is participating, and the status of such alien in that program.
(k) Attorney General's discretion to admit otherwise excludable aliens who possess immigrant visas
Any alien, excludable from the United States under paragraph (5)(A) or (7)(A)(i) of subsection (a) of this section, who is in possession of an immigrant visa may, if otherwise admissible, be admitted in the discretion of the Attorney General if the Attorney General is satisfied that exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.
(l) Guam; waiver of requirements for nonimmigrant visitors; conditions of waiver; acceptance of funds from Guam
(1) The requirement of paragraph (7)(B)(i) of subsection (a) of this section may be waived by the Attorney General, the Secretary of State, and the Secretary of the Interior, acting jointly, in the case of an alien applying for admission as a nonimmigrant visitor for business or pleasure and solely for entry into and stay on Guam for a period not to exceed fifteen days, if the Attorney General, the Secretary of State, and the Secretary of the Interior, after consultation with the Governor of Guam, jointly determine that—
(A) an adequate arrival and departure control system has been developed on Guam, and
(B) such a waiver does not represent a threat to the welfare, safety, or security of the United States or its territories and commonwealths.
(2) An alien may not be provided a waiver under this subsection unless the alien has waived any right—
(A) to review or appeal under this chapter of an immigration officer's determination as to the admissibility of the alien at the port of entry into Guam, or
(B) to contest, other than on the basis of an application for asylum, any action for deportation against the alien.
(3) If adequate appropriated funds to carry out this subsection are not otherwise available, the Attorney General is authorized to accept from the Government of Guam such funds as may be tendered to cover all or any part of the cost of administration and enforcement of this subsection.
(m) Requirements for admission of nonimmigrant nurses during five-year period
(1) The qualifications referred to in
(A) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States or Canada;
(B) has passed an appropriate examination (recognized in regulations promulgated in consultation with the Secretary of Health and Human Services) or has a full and unrestricted license under State law to practice professional nursing in the State of intended employment; and
(C) is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to engage in the practice of professional nursing as a registered nurse immediately upon admission to the United States and is authorized under such laws to be employed by the facility.
(2)(A) The attestation referred to in
(i) There would be a substantial disruption through no fault of the facility in the delivery of health care services of the facility without the services of such an alien or aliens.
(ii) The employment of the alien will not adversely affect the wages and working conditions of registered nurses similarly employed.
(iii) The alien employed by the facility will be paid the wage rate for registered nurses similarly employed by the facility.
(iv) Either (I) the facility has taken and is taking timely and significant steps designed to recruit and retain sufficient registered nurses who are United States citizens or immigrants who are authorized to perform nursing services, in order to remove as quickly as reasonably possible the dependence of the facility on nonimmigrant registered nurses, or (II) the facility is subject to an approved State plan for the recruitment and retention of nurses (described in paragraph (3)).
(v) There is not a strike or lockout in the course of a labor dispute, and the employment of such an alien is not intended or designed to influence an election for a bargaining representative for registered nurses of the facility.
(vi) At the time of the filing of the petition for registered nurses under
A facility is considered not to meet clause (i) (relating to an attestation of a substantial disruption in delivery of health care services) if the facility, within the previous year, laid off registered nurses. Notwithstanding the previous sentence, a facility that lays off a registered nurse other than a staff nurse still meets clause (i) if, in its attestation under this subparagraph, the facility has attested that it will not replace the nurse with a nonimmigrant described in
(B) For purposes of subparagraph (A)(iv)(I), each of the following shall be considered a significant step reasonably designed to recruit and retain registered nurses:
(i) Operating a training program for registered nurses at the facility or financing (or providing participation in) a training program for registered nurses elsewhere.
(ii) Providing career development programs and other methods of facilitating health care workers to become registered nurses.
(iii) Paying registered nurses wages at a rate higher than currently being paid to registered nurses similarly employed in the geographic area.
(iv) Providing adequate support services to free registered nurses from administrative and other nonnursing duties.
(v) Providing reasonable opportunities for meaningful salary advancement by registered nurses.
The steps described in this subparagraph shall not be considered to be an exclusive list of the significant steps that may be taken to meet the conditions of subparagraph (A)(iv)(I). Nothing herein shall require a facility to take more than one step, if the facility can demonstrate that taking a second step is not reasonable.
(C) Subject to subparagraph (E), an attestation under subparagraph (A) shall—
(i) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and
(ii) apply to petitions filed during such 1-year period if the facility states in each such petition that it continues to comply with the conditions in the attestation.
(D) A facility may meet the requirements under this paragraph with respect to more than one registered nurse in a single petition.
(E)(i) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying facilities which have filed petitions for nonimmigrants under
(ii) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting a facility's failure to meet conditions attested to or a facility's misrepresentation of a material fact in an attestation. Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary). The Secretary shall conduct an investigation under this clause if there is reasonable cause to believe that a facility fails to meet conditions attested to.
(iii) Under such process, the Secretary shall provide, within 180 days after the date such a complaint is filed, for a determination as to whether or not a basis exists to make a finding described in clause (iv). If the Secretary determines that such a basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination.
(iv) If the Secretary of Labor finds, after notice and opportunity for a hearing, that a facility (for which an attestation is made) has failed to meet a condition attested to or that there was a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not approve petitions filed with respect to a facility during a period of at least 1 year for nurses to be employed by the facility.
(v) In addition to the sanctions provided under clause (iv), if the Secretary of Labor finds, after notice and an opportunity for a hearing, that a facility has violated the condition attested to under subparagraph (A)(iii) (relating to payment of registered nurses at the prevailing wage rate), the Secretary shall order the facility to provide for payment of such amounts of back pay as may be required to comply with such condition.
(3) The Secretary of Labor shall provide for a process under which a State may submit to the Secretary a plan for the recruitment and retention of United States citizens and immigrants who are authorized to perform nursing services as registered nurses in facilities in the State. Such a plan may include counseling and educating health workers and other individuals concerning the employment opportunities available to registered nurses. The Secretary shall provide, on an annual basis in consultation with the Secretary of Health and Human Services, for the approval or disapproval of such a plan, for purposes of paragraph (2)(A)(iv)(II). Such a plan may not be considered to be approved with respect to the facility unless the plan provides for the taking of significant steps described in paragraph (2)(A)(iv)(I) with respect to registered nurses in the facility.
(4) The period of admission of an alien under
(5) For purposes of this subsection and
(n) Labor condition application
(1) No alien may be admitted or provided status as a nonimmigrant described in
(A) The employer—
(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as a nonimmigrant described in
(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or
(II) the prevailing wage level for the occupational classification in the area of employment,
whichever is greater, based on the best information available as of the time of filing the application, and
(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed.
(B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment.
(C) The employer, at the time of filing the application—
(i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or
(ii) if there is no such bargaining representative, has posted notice of filing in conspicuous locations at the place of employment.
(D) The application shall contain a specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed.
The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in
(2)(A) The Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred.
(B) Under such process, the Secretary shall provide, within 30 days after the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such a reasonable basis exists, the Secretary shall provide for notice of such determination to the interested parties and an opportunity for a hearing on the complaint, in accordance with
(C) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation of material fact in an application—
(i) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate, and
(ii) the Attorney General shall not approve petitions filed with respect to that employer under
(D) If the Secretary finds, after notice and opportunity for a hearing, that an employer has not paid wages at the wage level specified under the application and required under paragraph (1), the Secretary shall order the employer to provide for payment of such amounts of back pay as may be required to comply with the requirements of paragraph (1), whether or not a penalty under subparagraph (C) has been imposed.
(o) Requirements for receipt of immigrant visa within ninety days following departure
An alien who has been physically present in the United States shall not be eligible to receive an immigrant visa within ninety days following departure therefrom unless—
(1) the alien was maintaining a lawful nonimmigrant status at the time of such departure, or
(2) the alien is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under
(A) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under
(B) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and
(C) applied for benefits under section 301(a) of the Immigration Act of 1990.
(June 27, 1952, ch. 477, title II, ch. 2, §212,
Amendment of Section
For termination of amendment by section 506(c) of
References in Text
Section 301 of the Immigration Act of 1990, referred to in subsecs. (a)(6)(E)(ii) and (o)(2)(C), is section 301 of
Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(6)(E)(ii), is section 112 of
The effective date of this subsection, referred to in subsec. (j)(2), is ninety days after Oct. 12, 1976.
Section 202 of the Immigration Reform and Control Act of 1986, referred to in subsec. (o)(2), is section 202 of
Amendments
1994—Subsec. (a)(2)(A)(i)(I).
Subsec. (a)(2)(A)(i)(II).
Subsec. (a)(5)(C).
Subsec. (d)(1).
Subsec. (d)(11).
Subsec. (e).
Subsec. (h).
Subsec. (n)(1)(A)(i).
Subsec. (o).
1993—Subsec. (a)(1)(A)(i).
1991—Subsec. (a)(1)(A)(ii)(II).
Subsec. (a)(3)(A)(i).
Subsec. (a)(3)(B)(iii)(III).
Subsec. (a)(3)(C)(iv).
Subsec. (a)(3)(D)(iv).
Subsec. (a)(5).
Subsec. (a)(5)(C).
Subsec. (a)(6)(B).
Subsec. (a)(6)(E)(ii), (iii).
Subsec. (a)(8)(B).
Subsec. (a)(9)(C)(i).
Subsec. (a)(9)(C)(ii).
Subsec. (a)(17).
Subsec. (c).
Subsec. (d)(3).
Subsec. (d)(11).
Subsec. (g)(1).
Subsec. (h).
Subsec. (h)(1).
Subsec. (i).
Subsec. (j)(1)(D).
Subsec. (j)(2).
Subsec. (j)(3).
Subsec. (m)(2)(A).
Subsec. (n)(1).
Subsec. (n)(1)(A)(i).
Subsec. (n)(1)(A)(ii).
Subsec. (n)(1)(D).
Subsec. (n)(2)(C).
Subsec. (n)(2)(D).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d)(1), (2).
Subsec. (d)(3).
Subsec. (d)(4).
Subsec. (d)(5)(A).
Subsec. (d)(6).
Subsec. (d)(7).
Subsec. (d)(8).
Subsec. (d)(9), (10).
Subsec. (d)(11).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (k).
Subsec. (l).
Subsec. (m)(2)(A).
Subsec. (n).
1989—Subsec. (m).
1988—Subsec. (a)(17).
Subsec. (a)(19).
Subsec. (a)(32).
Subsec. (d)(4).
Subsec. (e).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (l).
1987—Subsec. (a)(23).
1986—Subsec. (a)(19).
Subsec. (a)(23).
Subsec. (a)(24).
Subsec. (d)(4).
Subsec. (i).
Subsec. (l).
1984—Subsec. (a)(9).
Subsec. (l).
1981—Subsec. (a)(17).
Subsec. (a)(32).
Subsec. (d)(6).
Subsec. (h).
Subsec. (j)(1).
Subsec. (j)(1)(A).
Subsec. (j)(1)(B).
Subsec. (j)(1)(C).
Subsec. (j)(1)(D).
Subsec. (j)(1)(E).
Subsec. (j)(2)(A).
Subsec. (j)(2)(B).
Subsec. (j)(2)(C).
Subsec. (j)(3).
Subsec. (k).
1980—Subsec. (a)(14), (32).
Subsec. (d)(5).
Subsec. (j)(2)(A).
1979—Subsec. (d)(9), (10).
1978—Subsec. (a)(33).
Subsec. (d)(3).
1977—Subsec. (a)(32).
Subsec. (j)(1)(B).
Subsec. (j)(1)(C).
Subsec. (j)(1)(D).
Subsec. (j)(2)(A).
1976—Subsec. (a)(14).
Subsec. (a)(24).
Subsec. (a)(32).
Subsec. (e).
Subsec. (j).
1970—Subsec. (e).
1965—Subsec. (a)(1).
Subsec. (a)(4).
Subsec. (a)(14).
Subsec. (a)(20).
Subsec. (a)(21).
Subsec. (a)(24).
Subsec. (g).
Subsecs. (h), (i).
1961—Subsec. (a)(6).
Subsec. (a)(9).
Subsecs. (e), (f).
Subsecs. (g) to (i).
1960—Subsec. (a).
1959—Subsec. (d).
1958—Subsec. (d)(7).
1956—Subsec. (a)(23). Act July 18, 1956, included conspiracy to violate a narcotic law, and the illicit possession of narcotics, as additional grounds for exclusion.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as referring to Committee on International Relations of House of Representatives by section 1(a) of
Effective and Termination Dates of 1994 Amendments
Section 203(c) of
Amendment by section 219(e) of
Section 219(z) of
Section 220(c) of
Section 506(c) of
Effective Date of 1993 Amendment
Section 2007(b) of
Effective Date of 1991 Amendment
Amendment by sections 302(e)(6), 303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)–(g) of
Section 302(e)(9) of
Effective Date of 1990 Amendment
Amendment by section 162(e)(1) of
Amendment by section 162(f)(2)(B) of
Section 202(c) of
Amendment by section 205(c)(3) of
Section 511(b) of
Section 514(b) of
Amendment by section 601(a), (b), and (d) of
Effective Date of 1989 Amendment
Section 3(d) of
Effective Date of 1988 Amendments
Section 7349(b) of
Section 3 of
Section 7(d) of
Amendment by section 8(f) of
Effective Date of 1986 Amendments
Amendment by
Section 6(c), formerly 6(b), of
Section 1751(c) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Section 5(c) of
Amendment by
Effective Date of 1980 Amendment
Amendment by section 203(d) of
Effective Date of 1979 Amendment
Amendment by
Section 3201(d)(2) of
Effective Date of 1976 Amendments
Amendment by
Amendment by section 601(d) of
Section 601(f) of
Effective Date of 1965 Amendment
For effective date of amendment by
Effective Date of 1956 Amendment
Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956.
Construction of 1990 Amendment
Section 302(e)(6) of
Assistance to Drug Traffickers
Processing of Visas for Admission to United States
"(1)(A) Beginning 24 months after the date of the enactment of this Act [Apr. 30, 1994], whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act [
"(B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien's name is included in the Department of State's visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien's name in such system, the consular officer's failure shall be made a matter of record and shall be considered as a serious negative factor in the officer's annual performance evaluation.
"(2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious injury, loss of life, or significant destruction of property in the United States, the Secretary of State shall convene an Accountability Review Board under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 [
Access to Interstate Identification Index of National Crime Information Center; Fingerprint Checks
"(d)
"(1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have on-line access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (
"(2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1).
"(3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis.
"(e)
"(1) Effective not later than March 31, 1995, the Secretary of State shall in the ten countries with the highest volume of immigrant visa issuance for the most recent fiscal year for which data are available require the fingerprinting of applicants over sixteen years of age for immigrant visas. The Department of State shall submit records of such fingerprints to the Federal Bureau of Investigation in order to ascertain whether such applicants previously have been convicted of a felony under State or Federal law in the United States, and shall pay all appropriate fees.
"(2) The Secretary shall prescribe and publish such regulations as may be necessary to implement the requirements of this subsection, and to avoid undue processing costs and delays for eligible immigrants and the United States Government.
"(f) Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs [now Committee on International Relations] and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness of the procedures authorized in subsections (d) and (e).
"(g) Subsections (d) and (e) shall cease to have effect after December 31, 1997."
Visa Lookout Systems
"(a)
"(b)
"(1) correct the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, by deleting the name of any alien not excludable under the Immigration and Nationality Act; and
"(2) report to the Congress concerning the completion of such correction process.
"(c)
"(1) Not later than 90 days after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate congressional committees, a plan which sets forth the manner in which the Department of State will correct the Automated Visa Lookout System, and any other system or list as set forth in subsection (b).
"(2) Not later than 1 year after the date of enactment of this Act [Oct. 28, 1991], the Secretary of State shall report to the appropriate congressional committees on the progress made toward completing the correction of lists as set forth in subsection (b).
"(d)
"(e)
"(1) The Secretary may add or retain in such system or list the names of aliens who are not excludable only if they are included for otherwise authorized law enforcement purposes or other lawful purposes of the Department of State. A name included for other lawful purposes under this paragraph shall include a notation which clearly and distinctly indicates that such person is not presently excludable. The Secretary of State shall adopt procedures to ensure that visas are not denied to such individuals for any reason not set forth in the Immigration and Nationality Act [
"(2) The Secretary shall publish in the Federal Register regulations and standards concerning maintenance and use by the Department of State of systems and lists for purposes described in paragraph (1).
"(3) Nothing in this section may be construed as creating new authority or expanding any existing authority for any activity not otherwise authorized by law.
"(f)
Changes in Labor Certification Process
Section 122 of
"[(a) Repealed.
"(b)
"(1) no certification may be made unless the applicant for certification has, at the time of filing the application, provided notice of the filing (A) to the bargaining representative (if any) of the employer's employees in the occupational classification and area for which aliens are sought, or (B) if there is no such bargaining representative, to employees employed at the facility through posting in conspicuous locations; and
"(2) any person may submit documentary evidence bearing on the application for certification (such as information on available workers, information on wages and working conditions, and information on the employer's failure to meet terms and conditions with respect to the employment of alien workers and co-workers)."
Review of Exclusion Lists
Section 601(c) of
"(1) whose name is in such system, and
"(2) who either (A) applies for entry after the effective date of the amendments made by this section [see Effective Date of 1990 Amendment note above], or (B) requests (in writing to a local consular office after such date) a review, without seeking admission, of the alien's continued excludability under the Immigration and Nationality Act [
if the alien is no longer excludable because of an amendment made by this section the alien's name shall be removed from such books and system and the alien shall be informed of such removal and if the alien continues to be excludable the alien shall be informed of such determination."
Implementation of Requirements for Admission of Nonimmigrant Nurses During 5-Year Period
Section 3(c) of
"(1) first publish final regulations to carry out section 212(m) of the Immigration and Nationality Act [
"(2) provide for the appointment (by January 1, 1991) of an advisory group, including representatives of the Secretary, the Secretary of Health and Human Services, the Attorney General, hospitals, and labor organizations representing registered nurses, to advise the Secretary—
"(A) concerning the impact of this section on the nursing shortage,
"(B) on programs that medical institutions may implement to recruit and retain registered nurses who are United States citizens or immigrants who are authorized to perform nursing services,
"(C) on the formulation of State recruitment and retention plans under section 212(m)(3) of the Immigration and Nationality Act, and
"(D) on the advisability of extending the amendments made by this section [amending
Prohibition on Exclusion or Deportation of Aliens on Certain Grounds
Section 901 of
Regulations Governing Admission, Detention, and Travel of Nonimmigrant Aliens in Guam Pursuant to Visa Waivers
Section 14(b) of
Annual Report to Congress on Implementation of Provisions Authorizing Waiver of Certain Requirements for Nonimmigrant Visitors to Guam
Section 14(c) of
Sharing of Information Concerning Drug Traffickers
"(a)
"(1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and
"(2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers.
"(b)
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 a nonimmigrant alien worker or the spouse or minor child of such worker who 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 among other conditions, that the alien is otherwise admissible to the United States for permanent residence, except for the grounds of exclusion specified in subsec. (a)(14), (20), (21), (25), (32) of this section, 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
Refugees From Democratic Kampuchea (Cambodia); Temporary Parole Into United States for Fiscal Years 1979 and 1980
"(1) the Government of the United States should give special consideration to the plight of refugees from Democratic Kampuchea (Cambodia) in view of the magnitude and severity of the violations of human rights committed by the Government of Democratic Kampuchea (Cambodia); and
"(2) the Attorney General should exercise his authority under section 212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of this section] to parole into the United States—
"(A) for the fiscal year 1979, 7,500 aliens who are nationals or citizens of Democratic Kampuchea (Cambodia) and who are applying for admission to the United States; and
"(B) for the fiscal year 1980, 7,500 such aliens."
Retroactive Adjustment of Refugee Status
Report by Attorney General to Congressional Committees on Admission of Certain Excludable Aliens
National Board of Medical Examiners Examination
Section 602(a), (b) of
Labor Certification for Graduates of Foreign Medical Schools; Development of Data by Secretary of Health, Education, and Welfare Not Later Than Oct. 12, 1977
Section 906 of
Resettlement of Refugee-Escapee; Reports; Formula; Termination Date; Persons Difficult To Resettle; Creation of Record of Admission for Permanent Residence
"[
"[
"
"
* * * * *
"[
Creation of Record of Admission for Permanent Residence in the Case of Certain Hungarian Refugees
"
"
Executive Order No. 12324
Ex. Ord. No. 12324, Sept. 29, 1981, 46 F.R. 48109, which directed Secretary of State to enter into cooperative arrangements with foreign governments for purpose of preventing illegal migration to United States by sea, directed Secretary of the Department in which the Coast Guard is operating to issue appropriate instructions to Coast Guard to enforce suspension of entry of undocumented aliens and interdiction of any defined vessel carrying such aliens, and directed Attorney General to ensure fair enforcement of immigration laws and strict observance of international obligations of United States concerning those who genuinely flee persecution in their homeland, was revoked and replaced by Ex. Ord. No. 12807, §4, May 24, 1992, 57 F.R. 23134, set out below.
Proc. No. 4865. High Seas Interdiction of Illegal Aliens
Proc. No. 4865, Sept. 29, 1981, 46 F.R. 48107, provided:
The ongoing migration of persons to the United States in violation of our laws is a serious national problem detrimental to the interests of the United States. A particularly difficult aspect of the problem is the continuing illegal migration by sea of large numbers of undocumented aliens into the southeastern United States. These arrivals have severely strained the law enforcement resources of the Immigration and Naturalization Service and have threatened the welfare and safety of communities in that region.
As a result of our discussions with the Governments of affected foreign countries and with agencies of the Executive Branch of our Government, I have determined that new and effective measures to curtail these unlawful arrivals are necessary. In this regard, I have determined that international cooperation to intercept vessels trafficking in illegal migrants is a necessary and proper means of insuring the effective enforcement of our laws.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vested in me by the Constitution and the statutes of the United States, including Sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (
The entry of undocumented aliens from the high seas is hereby suspended and shall be prevented by the interdiction of certain vessels carrying such aliens.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord nineteen hundred and eighty-one, and of the Independence of the United States of America the two hundred and sixth.
Ronald Reagan.
Ex. Ord. No. 12807. Interdiction of Illegal Aliens
Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (
(1) The President has authority to suspend the entry of aliens coming by sea to the United States without necessary documentation, to establish reasonable rules and regulations regarding, and other limitations on, the entry or attempted entry of aliens into the United States, and to repatriate aliens interdicted beyond the territorial sea of the United States;
(2) The international legal obligations of the United States under the United Nations Protocol Relating to the Status of Refugees (U.S. T.I.A.S. 6577; 19 U.S.T. 6223) to apply Article 33 of the United Nations Convention Relating to the Status of Refugees do not extend to persons located outside the territory of the United States;
(3) Proclamation No. 4865 [set out above] suspends the entry of all undocumented aliens into the United States by the high seas; and
(4) There continues to be a serious problem of persons attempting to come to the United States by sea without necessary documentation and otherwise illegally;
I, GEORGE BUSH, President of the United States of America, hereby order as follows:
(b) Those instructions shall apply to any of the following defined vessels:
(1) Vessels of the United States, meaning any vessel documented or numbered pursuant to the laws of the United States, or owned in whole or in part by the United States, a citizen of the United States, or a corporation incorporated under the laws of the United States or any State, Territory, District, Commonwealth, or possession thereof, unless the vessel has been granted nationality by a foreign nation in accord with Article 5 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(2) Vessels without nationality or vessels assimilated to vessels without nationality in accordance with paragraph (2) of Article 6 of the Convention on the High Seas of 1958 (U.S. T.I.A.S. 5200; 13 U.S.T. 2312).
(3) Vessels of foreign nations with whom we have arrangements authorizing the United States to stop and board such vessels.
(c) Those instructions to the Coast Guard shall include appropriate directives providing for the Coast Guard:
(1) To stop and board defined vessels, when there is reason to believe that such vessels are engaged in the irregular transportation of persons or violations of United States law or the law of a country with which the United States has an arrangement authorizing such action.
(2) To make inquiries of those on board, examine documents and take such actions as are necessary to carry out this order.
(3) To return the vessel and its passengers to the country from which it came, or to another country, when there is reason to believe that an offense is being committed against the United States immigration laws, or appropriate laws of a foreign country with which we have an arrangement to assist; provided, however, that the Attorney General, in his unreviewable discretion, may decide that a person who is a refugee will not be returned without his consent.
(d) These actions, pursuant to this section, are authorized to be undertaken only beyond the territorial sea of the United States.
George Bush.
Cross References
Alien enemies, see
Alien women, prevention of transportation in foreign commerce under international agreement, see
Atomic weapons information, waiver of admission requirements, see
Bonds—
Bond from nonimmigrant alien as prerequisite to admission to the United States, see
Bond or undertaking as prerequisite to admission of aliens likely to become public charge or with certain physical disabilities, see
Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see
Forms to be prescribed by Attorney General, see
Definition of the term—
Adjacent islands, as used in this subchapter, see
Advocating a doctrine, see
Affiliation, see
Alien, see
Application for admission, see
Attorney General, see
Border crossing identification card, see
Child, as used in subchapter III of this chapter, see
Child, as used in this subchapter and subchapter I of this chapter, see
Consular officer, see
Doctrine, see
Entry, see
Foreign state, see
Immigrant, see
Immigrant visa, see
Immigration officer, see
Ineligible to citizenship, see
Lawfully admitted for permanent residence, see
National, see
Nonimmigrant alien, see
Nonimmigrant visa, see
Organization, see
Parent, as used in subchapter III of this chapter, see
Parent, as used in this subchapter and subchapter I of this chapter, see
Passport, see
Permanent, see
Person of good moral character, see
Profession, see
Residence, see
Special immigrant, see
Spouse, see
Totalitarian party and totalitarian dictatorship, see
United States, see
World communism, see
Deportation for offenses committed after entry into United States, see
Detention of aliens for observation and examination, see
Diplomatic and semidiplomatic immunities, see
Espionage and censorship, see
Passports and visas, see
Principals, see
Readmission without documentation after temporary departure, see
Reentry permit, see
Sabotage, see
Stowaways on vessels or aircraft, see
Submission of alien seeking immigrant or nonimmigrant visa to physical and mental examination, see
Treason, sedition and subversive activities, see
White slave traffic, see
Section Referred to in Other Sections
This section is referred to in
§§1182a to 1182c. Repealed. Pub. L. 87–301, §24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657
Section 1182a, act Sept. 3, 1954, ch. 1254, §4,
Section 1182b,
Section 1182c,
§1183. Admission of aliens on giving bond or undertaking; return upon permanent departure
An alien excludable under paragraph (4) of
(June 27, 1952, ch. 477, title II, ch. 2, §213,
Amendments
1990—
1970—
Effective Date of 1990 Amendment
Amendment by
Cross References
Bonds—
Bond from nonimmigrant alien as prerequisite to admission to the United States, see
Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or those likely to become public charges, see
Exaction from excludable aliens applying for temporary admission, see
Forms to be prescribed by Attorney General, see
Definition of alien and Attorney General, see
Nationality and naturalization, see
Section Referred to in Other Sections
This section is referred to in
§1184. Admission of nonimmigrants
(a) Regulations
(1) The admission to the United States of any alien as a nonimmigrant shall be for such time and under such conditions as the Attorney General may by regulations prescribe, including when he deems necessary the giving of a bond with sufficient surety in such sum and containing such conditions as the Attorney General shall prescribe, to insure that at the expiration of such time or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under
(2)(A) The period of authorized status as a nonimmigrant described in
(B) The period of authorized status as a nonimmigrant described in
(b) Presumption of status; written waiver
Every alien (other than a nonimmigrant described in subparagraph (H)(i) or (L) of
(c) Petition of importing employer; involvement of Departments of Labor and Agriculture
(1) The question of importing any alien as a nonimmigrant under
(2)(A) The Attorney General shall provide for a procedure under which an importing employer which meets requirements established by the Attorney General may file a blanket petition to import aliens as nonimmigrants described in
(B) For purposes of
(C) The Attorney General shall provide a process for reviewing and acting upon petitions under this subsection with respect to nonimmigrants described in
(D) The period of authorized admission for—
(i) a nonimmigrant admitted to render services in a managerial or executive capacity under
(ii) a nonimmigrant admitted to render services in a capacity that involves specialized knowledge under
(3) The Attorney General shall approve a petition—
(A) with respect to a nonimmigrant described in
(B) with respect to a nonimmigrant described in
In the case of an alien seeking entry for a motion picture or television production, (i) any opinion under the previous sentence shall only be advisory, (ii) any such opinion that recommends denial must be in writing, (iii) in making the decision the Attorney General shall consider the exigencies and scheduling of the production, and (iv) the Attorney General shall append to the decision any such opinion. The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under
(4)(A) For purposes of
(i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, and
(ii) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete with respect to a specific athletic competition.
(B)(i) For purposes of
(I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time,
(II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group, and
(III) seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance.
(ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and entertainers in a group.
(II) The Attorney General may waive such one-year relationship requirement for an alien who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the group by performing a critical role.
(iv) The requirements of subclauses (I) and (II) of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus group or who constitute an integral and essential part of the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.
(C) A person may petition the Attorney General for classification of an alien as a nonimmigrant under
(D) The Attorney General shall approve petitions under this subsection with respect to nonimmigrants described in clause (i) or (iii) of
(E) The Attorney General shall approve petitions under this subsection for nonimmigrants described in
(5)(A) In the case of an alien who is provided nonimmigrant status under
(B) In the case of an alien who enters the United States in nonimmigrant status under
(6)(A)(i) To meet the consultation requirement of paragraph (3)(A) in the case of a petition for a nonimmigrant described in
(ii) To meet the consultation requirement of paragraph (3)(B) in the case of a petition for a nonimmigrant described in
(iii) To meet the consultation requirement of paragraph (4)(D) in the case of a petition for a nonimmigrant described in
(B) To meet the consultation requirements of subparagraph (A), unless the petitioner submits with the petition an advisory opinion from an appropriate labor organization, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. If there is a collective bargaining representative of an employer's employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization.
(C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion.
(D) Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall adjudicate such petition in no more than 14 days. The Attorney General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process.
(E)(i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists or entertainers described in
(ii) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant athletes described in
(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any authority under this subsection to such an entity. The Attorney General shall give such weight to advisory opinions provided under this section as the Attorney General determines, in his sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection, the Attorney General shall notify the petitioner of the determination and the reasons for the denial and of the process by which the petitioner may appeal the determination.
(8) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under each subcategory of subparagraphs (H), (O), (P), and (Q) of
(A) The number of such petitions which have been filed.
(B) The number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions.
(C) The number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions.
(D) The number of such petitions which have been withdrawn.
(E) The number of such petitions which are awaiting final action.
(d) Issuance of visa to fiancee or fiance of citizen
A visa shall not be issued under the provisions of
(e) Nonimmigrant professionals and annual numerical limit
(1) Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada and seeks to enter the United States under and pursuant to the provisions of Annex 1502.1 (United States of America), Part C—Professionals, of the United States-Canada Free-Trade Agreement to engage in business activities at a professional level as provided for therein may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor.
(2) An alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, who seeks to enter the United States under and pursuant to the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (in this subsection referred to as "NAFTA") to engage in business activities at a professional level as provided for in such Annex, may be admitted for such purpose under regulations of the Attorney General promulgated after consultation with the Secretaries of State and Labor. For purposes of this chapter, including the issuance of entry documents and the application of subsection (b) of this section, such alien shall be treated as if seeking classification, or classifiable, as a nonimmigrant under
(3) The Attorney General shall establish an annual numerical limit on admissions under paragraph (2) of aliens who are citizens of Mexico, as set forth in Appendix 1603.D.4 of Annex 1603 of the NAFTA. Subject to paragraph (4), the annual numerical limit—
(A) beginning with the second year that NAFTA is in force, may be increased in accordance with the provisions of paragraph 5(a) of Section D of such Annex, and
(B) shall cease to apply as provided for in paragraph 3 of such Appendix.
(4) The annual numerical limit referred to in paragraph (3) may be increased or shall cease to apply (other than by operation of paragraph 3 of such Appendix) only if—
(A) the President has obtained advice regarding the proposed action from the appropriate advisory committees established under
(B) the President has submitted a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that sets forth—
(i) the action proposed to be taken and the reasons therefor, and
(ii) the advice obtained under subparagraph (A);
(C) a period of at least 60 calendar days that begins on the first day on which the President has met the requirements of subparagraphs (A) and (B) with respect to such action has expired; and
(D) the President has consulted with such committees regarding the proposed action during the period referred to in subparagraph (C).
(5) During the period that the provisions of Appendix 1603.D.4 of Annex 1603 of the NAFTA apply, the entry of an alien who is a citizen of Mexico under and pursuant to the provisions of Section D of Annex 1603 of NAFTA shall be subject to the attestation requirement of
(f) Denial of crewmember status in case of certain labor disputes
(1) Except as provided in paragraph (3), no alien shall be entitled to nonimmigrant status described in
(2) An alien described in paragraph (1)—
(A) may not be paroled into the United States pursuant to
(B) shall be considered not to be a bona fide crewman for purposes of
(3) Paragraph (1) shall not apply to an alien if the air carrier or owner or operator of such vessel that employs the alien provides documentation that satisfies the Attorney General that the alien—
(A) has been an employee of such employer for a period of not less than 1 year preceding the date that a strike or lawful lockout commenced;
(B) has served as a qualified crewman for such employer at least once in each of 3 months during the 12-month period preceding such date; and
(C) shall continue to provide the same services that such alien provided as such a crewman.
(g) Temporary workers and trainees; limitation on numbers
(1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)—
(A) under
(B) under
(2) The numerical limitations of paragraph (1) shall only apply to principal aliens and not to the spouses or children of such aliens.
(3) Aliens who are subject to the numerical limitations of paragraph (1) shall be issued visas (or otherwise provided nonimmigrant status) in the order in which petitions are filed for such visas or status.
(4) In the case of a nonimmigrant described in
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under
(i) "Specialty occupation" defined
(1) For purposes of
(A) theoretical and practical application of a body of highly specialized knowledge, and
(B) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.
(2) For purposes of
(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation,
(B) completion of the degree described in paragraph (1)(B) for the occupation, or
(C)(i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty.
(j) 1 Labor disputes
Notwithstanding any other provision of this chapter, an alien who is a citizen of Canada or Mexico who seeks to enter the United States under and pursuant to the provisions of Section B, Section C, or Section D of Annex 1603 of the North American Free Trade Agreement, shall not be classified as a nonimmigrant under such provisions if there is in progress a strike or lockout in the course of a labor dispute in the occupational classification at the place or intended place of employment, unless such alien establishes, pursuant to regulations promulgated by the Attorney General, that the alien's entry will not affect adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. Notice of a determination under this subsection shall be given as may be required by paragraph 3 of article 1603 of such Agreement. For purposes of this subsection, the term "citizen of Mexico" means "citizen" as defined in Annex 1608 of such Agreement.
(j) 1 Numerical limitations; period of admission; conditions for admission and stay; annual report
(1) The number of aliens who may be provided a visa as nonimmigrants under
(2) No alien may be admitted into the United States as such a nonimmigrant more than 5 years after September 13, 1994.
(3) The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General.
(4) As a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant—
(A) shall report not less often than quarterly to the Attorney General such information concerning the alien's whereabouts and activities as the Attorney General may require;
(B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after the date of such admission;
(C) must have executed a form that waives the nonimmigrant's right to contest, other than on the basis of an application for withholding of deportation, any action for deportation of the alien instituted before the alien obtains lawful permanent resident status; and
(D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General.
(5) The Attorney General shall submit a report annually to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate concerning—
(A) the number of such nonimmigrants admitted;
(B) the number of successful criminal prosecutions or investigations resulting from cooperation of such aliens;
(C) the number of terrorist acts prevented or frustrated resulting from cooperation of such aliens;
(D) the number of such nonimmigrants whose admission or cooperation has not resulted in successful criminal prosecution or investigation or the prevention or frustration of a terrorist act; and
(E) the number of such nonimmigrants who have failed to report quarterly (as required under paragraph (4)) or who have been convicted of crimes in the United States after the date of their admission as such a nonimmigrant.
(k) Restrictions on waiver
(1) In the case of a request by an interested State agency for a waiver of the two-year foreign residence requirement under
(A) in the case of an alien who is otherwise contractually obligated to return to a foreign country, the government of such country furnishes the Director of the United States Information Agency with a statement in writing that it has no objection to such waiver;
(B) the alien demonstrates a bona fide offer of full-time employment at a health facility and agrees to begin employment at such facility within 90 days of receiving such waiver and agrees to continue to work in accordance with paragraph (2) at the health care facility in which the alien is employed for a total of not less than 3 years (unless the Attorney General determines that extenuating circumstances such as the closure of the facility or hardship to the alien would justify a lesser period of time);
(C) the alien agrees to practice medicine in accordance with paragraph (2) for a total of not less than 3 years only in the geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and
(D) the grant of such waiver would not cause the number of waivers allotted for that State for that fiscal year to exceed twenty.
(2)(A) Notwithstanding
(B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of a contract with a health facility shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of at least two years following departure from the United States.
(3) Notwithstanding any other provision of this subsection, the two-year foreign residence requirement under
(June 27, 1952, ch. 477, title II, ch. 2, §214,
References in Text
The International Organizations Immunities Act, referred to in subsec. (b), is act Dec. 29, 1945, ch. 652, title I,
Codification
In subsec. (f)(1), "
Amendments
1994—Subsec. (j).
Subsec. (k).
1993—Subsec. (e).
Subsec. (j).
1991—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (c)(2)(A).
Subsec. (c)(2)(D).
Subsec. (c)(3).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B).
Subsec. (c)(4)(A), (B).
Subsec. (c)(4)(C).
Subsec. (c)(4)(D).
Subsec. (c)(4)(E).
Subsec. (c)(5).
Subsec. (c)(5)(A).
Subsec. (c)(6), (7).
Subsec. (c)(8).
Subsec. (g)(1).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (f).
Subsecs. (g) to (i).
1988—Subsec. (c).
Subsec. (e).
1986—Subsec. (a).
Subsec. (c).
Subsec. (d).
1984—Subsec. (a).
1970—Subsec. (c).
Subsec. (d).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by sections 202(a), 203(b), 204, 205(d), (e), 206(a), (c)(2), 207(a), (c)(1) of
Amendment by section 303(a)(10)–(12) of
Effective Date of 1990 Amendment
Amendment by section 202(a) of
Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of
Effective and Termination Dates of 1988 Amendments
Amendment by
Amendment by
Effective Date of 1986 Amendments
Section 3(d)(1), (3) of
"(1) The amendments made by subsection (a) [amending this section] shall apply to petitions approved on or after the date of the enactment of this Act [Nov. 10, 1986].
"(3) The amendment made by subsection (c) [amending this section] shall apply to aliens issued visas under section 101(a)(15)(K) of the Immigration and Nationality Act [
Amendment by section 301(b) of
Deadline for First Report With Respect to Petitions
Section 207(c)(2) of
Delay Until April 1, 1992, in Application of Subsection (g)(1)(C) of This Section
See section 3 of
Work Authorization During Pending Labor Disputes
Section 207(c) of
"(1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act [
"(A) continues to be authorized to be employed in the occupation for that employer, and
"(B) is authorized to be employed in any occupation for any other employer so long as such strike or lockout continues with respect to that occupation and employer.
"(2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien—
"(A) is not authorized to be employed in the occupation for that employer, and
"(B) is authorized to be employed in any occupation for any other employer so long as there is no strike or lockout with respect to that occupation and employer.
"(3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not perform unauthorized employment, any limit on the period of authorized stay shall be extended by the period of the strike or lockout, except that any such extension may not continue beyond the maximum authorized period of stay.
"(4) The provisions of this subsection shall take effect on the date of the enactment of this Act."
Off-Campus Work Authorization for Students (F Nonimmigrants)
Section 221 of
"(a) 5-
"(1) the alien has completed 1 academic year as such a nonimmigrant and is maintaining good academic standing at the educational institution,
"(2) the employer provides the educational institution and the Secretary of Labor with an attestation that the employer (A) has recruited for at least 60 days for the position and (B) will provide for payment to the alien and to other similarly situated workers at a rate equal to not less than the actual wage level for the occupation at the place of employment or, if greater, the prevailing wage level for the occupation in the area of employment, and
"(3) the alien will not be employed more than 20 hours each week during the academic term (but may be employed on a full-time basis during vacation periods and between academic terms).
If the Secretary of Labor determines that an employer has provided an attestation under paragraph (2) that is materially false or has failed to pay wages in accordance with the attestation, after notice and opportunity for a hearing, the employer shall be disqualified from employing an alien student under this subsection.
"(b)
"(1) whether the program of work authorization under subsection (a) should be extended, and
"(2) the impact of such program on prevailing wages of workers."
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 subsec. (c) of this section in the case of importing any alien as a nonimmigrant under
Importation of Sheepherders; Termination of Quota Deductions
Quota deductions authorized by acts June 30, 1950, ch. 423,
Cancellation of Certain Nonimmigrant Departure Bonds
Cross References
Bonds—
Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain disabilities, see
Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see
Exaction from excludable aliens applying for temporary admission, see
Forms to be prescribed by Attorney General, see
Definition of alien, Attorney General, consular officer, immigrant, immigrant visa, immigration officer, nonimmigrant alien, and United States, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Two subsecs. (j) have been enacted.
§1184a. Philippine Traders as nonimmigrants
Upon a basis of reciprocity secured by agreement entered into by the President of the United States and the President of the Philippines, a national of the Philippines, and the spouse and children of any such national if accompanying or following to join him, may, if otherwise eligible for a visa and if otherwise admissible into the United States under this chapter, be considered to be classifiable as a nonimmigrant under
(June 18, 1954, ch. 323,
Codification
Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.
§1185. Travel control of citizens and aliens
(a) Restrictions and prohibitions
Unless otherwise ordered by the President, it shall be unlawful—
(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;
(2) for any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this section;
(3) for any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;
(4) for any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;
(5) for any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;
(6) for any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;
(7) for any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid.
(b) Citizens
Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport.
(c) Definitions
The term "United States" as used in this section includes the Canal Zone, and all territory and waters, continental or insular, subject to the jurisdiction of the United States. The term "person" as used in this section shall be deemed to mean any individual, partnership, association, company, or other incorporated body of individuals, or corporation, or body politic.
(d) Nonadmission of certain aliens
Nothing in this section shall be construed to entitle an alien to whom a permit to enter the United States has been issued to enter the United States, if, upon arrival in the United States, he is found to be inadmissible under any of the provisions of this chapter, or any other law, relative to the entry of aliens into the United States.
(e) Revocation of proclamation as affecting penalties
The revocation of any rule, regulation, or order issued in pursuance of this section shall not prevent prosecution for any offense committed, or the imposition of any penalties or forfeitures, liability for which was incurred under this section prior to the revocation of such rule, regulation, or order.
(f) Permits to enter
Passports, visas, reentry permits, and other documents required for entry under this chapter may be considered as permits to enter for the purposes of this section.
(June 27, 1952, ch. 477, title II, ch. 2, §215,
References in Text
For definition of Canal Zone, referred to in subsec. (c), see
Amendments
1994—Subsec. (b).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
Effective Date of 1994 Amendment
Section 204(b) of
Ex. Ord. No. 12172. Delegation of Authority of President to Secretary of State and Attorney General Respecting Entry of Iranian Aliens Into the United States
Ex. Ord. No. 12172, Nov. 26, 1979, 44 F.R. 67947, as amended by Ex. Ord. No. 12206, Apr. 7, 1980, 45 F.R. 24101, provided:
By virtue of the authority vested in me as President by the Constitution and laws of the United States, including the Immigration and Nationality Act, as amended [this chapter],
Section 1–101. Delegation of Authority. The Secretary of State and the Attorney General are hereby designated and empowered to exercise in respect of Iranians the authority conferred upon the President by section 215(a)(1) of the Act of June 27, 1952 (
Section 1–102. Effective Date. This order is effective immediately.
Jimmy Carter.
Cross References
Counterfeiting and forgery, see
Definition of alien, entry, passport, person, State, and United States, see
False personation, see
Fines, penalties and forfeitures, see
Fraud and false statements, see
Passports and visas, see
Repeal of statutes as affecting existing liabilities, see
Section Referred to in Other Sections
This section is referred to in
§1186. Transferred
Section, act June 27, 1952, ch. 477, title II, ch. 2, §216, as added Nov. 6, 1986,
§1186a. Conditional permanent resident status for certain alien spouses and sons and daughters
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this chapter, an alien spouse (as defined in subsection (g)(1) of this section) and an alien son or daughter (as defined in subsection (g)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien spouse or alien son or daughter obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such a spouse, son, or daughter respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.
(B) At time of required petition
In addition, the Attorney General shall attempt to provide notice to such a spouse, son, or daughter, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsections 1 (c)(1) of this section.
(C) Effect of failure to provide notice
The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such a spouse, son, or daughter.
(b) Termination of status if finding that qualifying marriage improper
(1) In general
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that—
(A) the qualifying marriage—
(i) was entered into for the purpose of procuring an alien's entry as an immigrant, or
(ii) has been judicially annulled or terminated, other than through the death of a spouse; or
(B) a fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under
the Attorney General shall so notify the parties involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (or aliens) involved as of the date of the determination.
(2) Hearing in deportation proceeding
Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition
(1) In general
In order for the conditional basis established under subsection (a) of this section for an alien spouse or an alien son or daughter to be removed—
(A) the alien spouse and the petitioning spouse (if not deceased) jointly must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and
(B) in accordance with subsection (d)(3) of this section, the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file petition or have personal interview
(A) In general
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if—
(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien spouse and petitioning spouse fail to appear at the interview described in paragraph (1)(B),
the Attorney General shall terminate the permanent resident status of the alien as of the second anniversary of the alien's lawful admission for permanent residence.
(B) Hearing in deportation proceeding
In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview
(A) In general
If—
(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
(ii) the alien spouse and petitioning spouse appear at the interview described in paragraph (1)(B),
the Attorney General shall make a determination, within 90 days of the date of the interview, as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying marriage.
(B) Removal of conditional basis if favorable determination
If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the parties involved and shall remove the conditional basis of the parties effective as of the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.
(C) Termination if adverse determination
If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the parties involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien spouse or an alien son or daughter as of the date of the determination.
(D) Hearing in deportation proceeding
Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying marriage.
(4) Hardship waiver
The Attorney General, in the Attorney General's discretion, may remove the conditional basis of the permanent resident status for an alien who fails to meet the requirements of paragraph (1) if the alien demonstrates that—
(A) extreme hardship would result if such alien is deported,
(B) the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien was not at fault in failing to meet the requirements of paragraph (1), or
(C) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse or child was battered by or was the subject of extreme cruelty perpetrated by his or her spouse or citizen or permanent resident parent and the alien was not at fault in failing to meet the requirements of paragraph (1).
In determining extreme hardship, the Attorney General shall consider circumstances occurring only during the period that the alien was admitted for permanent residence on a conditional basis. In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General. The Attorney General shall, by regulation, establish measures to protect the confidentiality of information concerning any abused alien spouse or child, including information regarding the whereabouts of such spouse or child.
(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A) of this section shall contain the following facts and information:
(A) Statement of proper marriage and petitioning process
The facts are that—
(i) the qualifying marriage—
(I) was entered into in accordance with the laws of the place where the marriage took place,
(II) has not been judicially annulled or terminated, other than through the death of a spouse, and
(III) was not entered into for the purpose of procuring an alien's entry as an immigrant; and
(ii) no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under
(B) Statement of additional information
The information is a statement of—
(i) the actual residence of each party to the qualifying marriage since the date the alien spouse obtained permanent resident status on a conditional basis under subsection (a) of this section, and
(ii) the place of employment (if any) of each such party since such date, and the name of the employer of such party.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence.
(B) Date petitions for good cause
Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
(C) Filing of petitions during deportation
In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
(f) Treatment of certain waivers
In the case of an alien who has permanent residence status on a conditional basis under this section, if, in order to obtain such status, the alien obtained a waiver under subsection (h) or (i) of
(g) Definitions
In this section:
(1) The term "alien spouse" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise)—
(A) as an immediate relative (described in
(B) under
(C) under
by virtue of a marriage which was entered into less than 24 months before the date the alien obtains such status by virtue of such marriage, but does not include such an alien who only obtains such status as a result of
(2) The term "alien son or daughter" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the son or daughter of an individual through a qualifying marriage.
(3) The term "qualifying marriage" means the marriage described to in paragraph (1).
(4) The term "petitioning spouse" means the spouse of a qualifying marriage, other than the alien.
(June 27, 1952, ch. 477, title II, ch. 2, §216, as added Nov. 10, 1986,
Codification
Another section 216 of act June 27, 1952, was renumbered section 218 and is classified to
Amendments
1994—Subsec. (c)(4).
1991—Subsec. (g)(1).
1990—Subsec. (c)(4).
1988—
Subsec. (c)(3)(A).
Effective Date of 1994 Amendment
Section 40702(b) of
Effective Date of 1991 Amendment
Section 302(e)(8) of
Effective Date of 1990 Amendment
Section 701(b) of
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "subsection".
§1186b. Conditional permanent resident status for certain alien entrepreneurs, spouses, and children
(a) In general
(1) Conditional basis for status
Notwithstanding any other provision of this chapter, an alien entrepreneur (as defined in subsection (f)(1) of this section), alien spouse, and alien child (as defined in subsection (f)(2) of this section) shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence, to have obtained such status on a conditional basis subject to the provisions of this section.
(2) Notice of requirements
(A) At time of obtaining permanent residence
At the time an alien entrepreneur, alien spouse, or alien child obtains permanent resident status on a conditional basis under paragraph (1), the Attorney General shall provide for notice to such an entrepreneur, spouse, or child respecting the provisions of this section and the requirements of subsection (c)(1) of this section to have the conditional basis of such status removed.
(B) At time of required petition
In addition, the Attorney General shall attempt to provide notice to such an entrepreneur, spouse, or child, at or about the beginning of the 90-day period described in subsection (d)(2)(A) of this section, of the requirements of subsection (c)(1) of this section.
(C) Effect of failure to provide notice
The failure of the Attorney General to provide a notice under this paragraph shall not affect the enforcement of the provisions of this section with respect to such an entrepreneur, spouse, or child.
(b) Termination of status if finding that qualifying entrepreneurship improper
(1) In general
In the case of an alien entrepreneur with permanent resident status on a conditional basis under subsection (a) of this section, if the Attorney General determines, before the second anniversary of the alien's obtaining the status of lawful admission for permanent residence, that—
(A) the establishment of the commercial enterprise was intended solely as a means of evading the immigration laws of the United States,
(B)(i) a commercial enterprise was not established by the alien,
(ii) the alien did not invest or was not actively in the process of investing the requisite capital; or
(iii) the alien was not sustaining the actions described in clause (i) or (ii) throughout the period of the alien's residence in the United States, or
(C) the alien was otherwise not conforming to the requirements of
then the Attorney General shall so notify the alien involved and, subject to paragraph (2), shall terminate the permanent resident status of the alien (and the alien spouse and alien child) involved as of the date of the determination.
(2) Hearing in deportation proceeding
Any alien whose permanent resident status is terminated under paragraph (1) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that a condition described in paragraph (1) is met.
(c) Requirements of timely petition and interview for removal of condition
(1) In general
In order for the conditional basis established under subsection (a) of this section for an alien entrepreneur, alien spouse, or alien child to be removed—
(A) the alien entrepreneur must submit to the Attorney General, during the period described in subsection (d)(2) of this section, a petition which requests the removal of such conditional basis and which states, under penalty of perjury, the facts and information described in subsection (d)(1) of this section, and
(B) in accordance with subsection (d)(3) of this section, the alien entrepreneur must appear for a personal interview before an officer or employee of the Service respecting the facts and information described in subsection (d)(1) of this section.
(2) Termination of permanent resident status for failure to file petition or have personal interview
(A) In general
In the case of an alien with permanent resident status on a conditional basis under subsection (a) of this section, if—
(i) no petition is filed with respect to the alien in accordance with the provisions of paragraph (1)(A), or
(ii) unless there is good cause shown, the alien entrepreneur fails to appear at the interview described in paragraph (1)(B) (if required under subsection (d)(3) of this section),
the Attorney General shall terminate the permanent resident status of the alien (and the alien's spouse and children if it was obtained on a conditional basis under this section or
(B) Hearing in deportation proceeding
In any deportation proceeding with respect to an alien whose permanent resident status is terminated under subparagraph (A), the burden of proof shall be on the alien to establish compliance with the conditions of paragraphs (1)(A) and (1)(B).
(3) Determination after petition and interview
(A) In general
If—
(i) a petition is filed in accordance with the provisions of paragraph (1)(A), and
(ii) the alien entrepreneur appears at any interview described in paragraph (1)(B),
the Attorney General shall make a determination, within 90 days of the date of the such filing or interview (whichever is later), as to whether the facts and information described in subsection (d)(1) of this section and alleged in the petition are true with respect to the qualifying commercial enterprise.
(B) Removal of conditional basis if favorable determination
If the Attorney General determines that such facts and information are true, the Attorney General shall so notify the alien involved and shall remove the conditional basis of the alien's status effective as of the second anniversary of the alien's lawful admission for permanent residence.
(C) Termination if adverse determination
If the Attorney General determines that such facts and information are not true, the Attorney General shall so notify the alien involved and, subject to subparagraph (D), shall terminate the permanent resident status of an alien entrepreneur, alien spouse, or alien child as of the date of the determination.
(D) Hearing in deportation proceeding
Any alien whose permanent resident status is terminated under subparagraph (C) may request a review of such determination in a proceeding to deport the alien. In such proceeding, the burden of proof shall be on the Attorney General to establish, by a preponderance of the evidence, that the facts and information described in subsection (d)(1) of this section and alleged in the petition are not true with respect to the qualifying commercial enterprise.
(d) Details of petition and interview
(1) Contents of petition
Each petition under subsection (c)(1)(A) of this section shall contain facts and information demonstrating that—
(A) a commercial enterprise was established by the alien;
(B) the alien invested or was actively in the process of investing the requisite capital; and
(C) the alien sustained the actions described in subparagraphs (A) and (B) throughout the period of the alien's residence in the United States.
(2) Period for filing petition
(A) 90-day period before second anniversary
Except as provided in subparagraph (B), the petition under subsection (c)(1)(A) of this section must be filed during the 90-day period before the second anniversary of the alien's lawful admission for permanent residence.
(B) Date petitions for good cause
Such a petition may be considered if filed after such date, but only if the alien establishes to the satisfaction of the Attorney General good cause and extenuating circumstances for failure to file the petition during the period described in subparagraph (A).
(C) Filing of petitions during deportation
In the case of an alien who is the subject of deportation hearings as a result of failure to file a petition on a timely basis in accordance with subparagraph (A), the Attorney General may stay such deportation proceedings against an alien pending the filing of the petition under subparagraph (B).
(3) Personal interview
The interview under subsection (c)(1)(B) of this section shall be conducted within 90 days after the date of submitting a petition under subsection (c)(1)(A) of this section and at a local office of the Service, designated by the Attorney General, which is convenient to the parties involved. The Attorney General, in the Attorney General's discretion, may waive the deadline for such an interview or the requirement for such an interview in such cases as may be appropriate.
(e) Treatment of period for purposes of naturalization
For purposes of subchapter III of this chapter, in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence.
(f) Definitions
In this section:
(1) The term "alien entrepreneur" means an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) under
(2) The term "alien spouse" and the term "alien child" mean an alien who obtains the status of an alien lawfully admitted for permanent residence (whether on a conditional basis or otherwise) by virtue of being the spouse or child, respectively, of an alien entrepreneur.
(June 27, 1952, ch. 477, title II, ch. 2, §216A, as added Nov. 29, 1990,
Amendments
1991—Subsec. (c)(2)(A).
Subsecs. (c)(3)(B), (d)(2)(A).
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1991, and applicable beginning with fiscal year 1992, see section 161(a) of
Section Referred to in Other Sections
This section is referred to in
§1187. Visa waiver pilot program for certain visitors
(a) Establishment of pilot program
The Attorney General and the Secretary of State are authorized to establish a pilot program (hereinafter in this section referred to as the "pilot program") under which the requirement of paragraph (7)(B)(i)(II) of
(1) Seeking entry as tourist for 90 days or less
The alien is applying for admission during the pilot program period (as defined in subsection (e) of this section) as a nonimmigrant visitor (described in
(2) National of pilot program country
The alien is a national of, and presents a passport issued by, a country which—
(A) extends (or agrees to extend) reciprocal privileges to citizens and nationals of the United States, and
(B) is designated as a pilot program country under subsection (c) of this section or is designated as a pilot program country with probationary status under subsection (g) of this section.
(3) Executes immigration forms
The alien before the time of such admission completes such immigration form as the Attorney General shall establish.
(4) Entry into the United States
If arriving by sea or air, the alien arrives at the port of entry into the United States on a carrier which has entered into an agreement with the Service to guarantee transport of the alien out of the United States if the alien is found inadmissible or deportable by an immigration officer.
(5) Not a safety threat
The alien has been determined not to represent a threat to the welfare, health, safety, or security of the United States.
(6) No previous violation
If the alien previously was admitted without a visa under this section, the alien must not have failed to comply with the conditions of any previous admission as such a nonimmigrant.
(7) Round-trip ticket
The alien is in possession of a round-trip transportation ticket (unless this requirement is waived by the Attorney General under regulations).
(b) Waiver of rights
An alien may not be provided a waiver under the pilot program unless the alien has waived any right—
(1) to review or appeal under this chapter of an immigration officer's determination as to the admissibility of the alien at the port of entry into the United States, or
(2) to contest, other than on the basis of an application for asylum, any action for deportation against the alien.
(c) Designation of pilot program countries
(1) In general
The Attorney General and the Secretary of State acting jointly may designate any country as a pilot program country if it meets the requirements of paragraph (2).
(2) Qualifications
Except as provided in subsection (g)(4) of this section, a country may not be designated as a pilot program country unless the following requirements are met:
(A) Low nonimmigrant visa refusal rate for previous 2-year period
The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2.0 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years.
(B) Low nonimmigrant visa refusal rate for each of 2 previous years
The average number of refusals of nonimmigrant visitor visas for nationals of that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year.
(C) Machine readable passport program
The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens.
(D) Law enforcement interests
The Attorney General determines that the United States law enforcement interests would not be compromised by the designation of the country.
(3) Continuing and subsequent qualifications
For each fiscal year (within the pilot program period) after the initial period—
(A) Continuing qualification
In the case of a country which was a pilot program country in the previous fiscal year, a country may not be designated as a pilot program country unless the sum of—
(i) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during such previous fiscal year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during such previous fiscal year and who violated the terms of such admission,
was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such previous fiscal year.
(B) New countries
In the case of another country, the country may not be designated as a pilot program country unless the following requirements are met:
(i) Low nonimmigrant visa refusal rate in previous 2-year period
The average number of refusals of nonimmigrant visitor visas for nationals of that country during the two previous full fiscal years was less than 2 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years.
(ii) Low nonimmigrant visa refusal rate in each of the 2 previous years
The average number of refusals of nonimmigrant visitor visas for nationals of that country during either of such two previous full fiscal years was less than 2.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year.
(4) Initial period
For purposes of paragraphs (2) and (3), the term "initial period" means the period beginning at the end of the 30-day period described in subsection (b)(1) of this section and ending on the last day of the first fiscal year which begins after such 30-day period.
(d) Authority
Notwithstanding any other provision of this section, the Attorney General and the Secretary of State, acting jointly, may for any reason (including national security) refrain from waiving the visa requirement in respect to nationals of any country which may otherwise qualify for designation or may, at any time, rescind any waiver or designation previously granted under this section.
(e) Carrier agreements
(1) In general
The agreement referred to in subsection (a)(4) of this section is an agreement between a carrier and the Attorney General under which the carrier agrees, in consideration of the waiver of the visa requirement with respect to a nonimmigrant visitor under the pilot program—
(A) to indemnify the United States against any costs for the transportation of the alien from the United States if the visitor is refused admission to the United States or remains in the United States unlawfully after the 90-day period described in subsection (a)(1)(A) of this section,
(B) to submit daily to immigration officers any immigration forms received with respect to nonimmigrant visitors provided a waiver under the pilot program, and
(C) to be subject to the imposition of fines resulting from the transporting into the United States of a national of a designated country without a passport pursuant to regulations promulgated by the Attorney General.
(2) Termination of agreements
The Attorney General may terminate an agreement under paragraph (1) with five days' notice to the carrier for the carrier's failure to meet the terms of such agreement.
(f) "Pilot program period" defined
For purposes of this section, the term "pilot program period" means the period beginning on October 1, 1988, and ending on September 30, 1996 1
(g) Pilot program country with probationary status
(1) In general
The Attorney General and the Secretary of State acting jointly may designate any country as a pilot program country with probationary status if it meets the requirements of paragraph (2).
(2) Qualifications
A country may not be designated as a pilot program country with probationary status unless the following requirements are met:
(A) Nonimmigrant visa refusal rate for previous 2-year period
The average number of refusals of nonimmigrant visitor visas for nationals of the country during the two previous full fiscal years was less than 3.5 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during those years.
(B) Nonimmigrant visa refusal rate for previous year
The number of refusals of nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was less than 3 percent of the total number of nonimmigrant visitor visas for nationals of that country which were granted or refused during that year.
(C) Low exclusions and violations rate for previous year
The sum of—
(i) the total number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such admission,
was less than 1.5 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during the preceding fiscal year.
(D) Machine readable passport program
The government of the country certifies that it has or is in the process of developing a program to issue machine-readable passports to its citizens.
(3) Continuing and subsequent qualifications for pilot program countries with probationary status
The designation of a country as a pilot program country with probationary status shall terminate if either of the following occurs:
(A) The sum of—
(i) the total number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and
(ii) the total number of nationals of that country who were admitted as visitors during the preceding fiscal year and who violated the terms of such admission,
is more than 2.0 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during the preceding fiscal year.
(B) The country is not designated as a pilot program country under subsection (c) of this section within 3 fiscal years of its designation as a pilot program country with probationary status under this subsection.
(4) Designation of pilot program countries with probationary status as pilot program countries
In the case of a country which was a pilot program country with probationary status in the preceding fiscal year, a country may be designated by the Attorney General and the Secretary of State, acting jointly, as a pilot program country under subsection (c) of this section if—
(A) the total of the number of nationals of that country who were excluded from admission or withdrew their application for admission during the preceding fiscal year as a nonimmigrant visitor, and
(B) the total number of nationals of that country who were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such admission,
was less than 2 percent of the total number of nationals of that country who applied for admission as nonimmigrant visitors during such preceding fiscal year.
(June 27, 1952, ch. 477, title II, ch. 2, §217, as added Nov. 6, 1986,
Amendments
1994—Subsec. (a)(2)(B).
Subsec. (c)(2).
Subsec. (f).
Subsec. (g).
1991—Subsec. (a).
Subsec. (a)(4).
Subsec. (b).
Subsec. (e)(1).
1990—Subsec. (a)(2).
Subsec. (a)(3).
"(A) completes such immigration form as the Attorney General shall establish under subsection (b)(3) of this section, and
"(B) executes a waiver of review and appeal described in subsection (b)(4) of this section".
Subsec. (a)(4).
Subsec. (a)(7).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1988—
Subsec. (a).
Effective Date of 1991 Amendment
Amendment by section 303(a)(1), (2) of
Section 307(l) of
Effective Date of 1990 Amendment
Section 201(d) of
Effective Date of 1988 Amendment
Amendment by
Operation of Automated Data Arrival and Departure Control System; Report to Congress
Section 201(c) of
Report on Visa Waiver Pilot Program
Section 405 of
"(a)
"(b)
"(1) an evaluation of the program, including its impact—
"(A) on the control of alien visitors to the United States,
"(B) on consular operations in the countries designated under the program, as well as on consular operations in other countries in which additional consular personnel have been relocated as a result of the implementation of the program, and
"(C) on the United States tourism industry; and
"(2) recommendations—
"(A) on extending the pilot program period, and
"(B) on increasing the number of countries that may be designated under the program."
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
§1188. Admission of temporary H–2A workers
(a) Conditions for approval of H–2A petitions
(1) A petition to import an alien as an H–2A worker (as defined in subsection (i)(2) of this section) may not be approved by the Attorney General unless the petitioner has applied to the Secretary of Labor for a certification that—
(A) there are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services involved in the petition, and
(B) the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(2) The Secretary of Labor may require by regulation, as a condition of issuing the certification, the payment of a fee to recover the reasonable costs of processing applications for certification.
(b) Conditions for denial of labor certification
The Secretary of Labor may not issue a certification under subsection (a) of this section with respect to an employer if the conditions described in that subsection are not met or if any of the following conditions are met:
(1) There is a strike or lockout in the course of a labor dispute which, under the regulations, precludes such certification.
(2)(A) The employer during the previous two-year period employed H–2A workers and the Secretary of Labor has determined, after notice and opportunity for a hearing, that the employer at any time during that period substantially violated a material term or condition of the labor certification with respect to the employment of domestic or nonimmigrant workers.
(B) No employer may be denied certification under subparagraph (A) for more than three years for any violation described in such subparagraph.
(3) The employer has not provided the Secretary with satisfactory assurances that if the employment for which the certification is sought is not covered by State workers' compensation law, the employer will provide, at no cost to the worker, insurance covering injury and disease arising out of and in the course of the worker's employment which will provide benefits at least equal to those provided under the State workers' compensation law for comparable employment.
(4) The Secretary determines that the employer has not made positive recruitment efforts within a multi-state region of traditional or expected labor supply where the Secretary finds that there are a significant number of qualified United States workers who, if recruited, would be willing to make themselves available for work at the time and place needed. Positive recruitment under this paragraph is in addition to, and shall be conducted within the same time period as, the circulation through the interstate employment service system of the employer's job offer. The obligation to engage in positive recruitment under this paragraph shall terminate on the date the H–2A workers depart for the employer's place of employment.
(c) Special rules for consideration of applications
The following rules shall apply in the case of the filing and consideration of an application for a labor certification under this section:
(1) Deadline for filing applications
The Secretary of Labor may not require that the application be filed more than 60 days before the first date the employer requires the labor or services of the H–2A worker.
(2) Notice within seven days of deficiencies
(A) The employer shall be notified in writing within seven days of the date of filing if the application does not meet the standards (other than that described in subsection (a)(1)(A) of this section) for approval.
(B) If the application does not meet such standards, the notice shall include the reasons therefor and the Secretary shall provide an opportunity for the prompt resubmission of a modified application.
(3) Issuance of certification
(A) The Secretary of Labor shall make, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1) of this section if—
(i) the employer has complied with the criteria for certification (including criteria for the recruitment of eligible individuals as prescribed by the Secretary), and
(ii) the employer does not actually have, or has not been provided with referrals of, qualified eligible individuals who have indicated their availability to perform such labor or services on the terms and conditions of a job offer which meets the requirements of the Secretary.
In considering the question of whether a specific qualification is appropriate in a job offer, the Secretary shall apply the normal and accepted qualifications required by non-H–2A-employers in the same or comparable occupations and crops.
(B)(i) For a period of 3 years subsequent to the effective date of this section, labor certifications shall remain effective only if, from the time the foreign worker departs for the employer's place of employment, the employer will provide employment to any qualified United States worker who applies to the employer until 50 percent of the period of the work contract, under which the foreign worker who is in the job was hired, has elapsed. In addition, the employer will offer to provide benefits, wages and working conditions required pursuant to this section and regulations.
(ii) The requirement of clause (i) shall not apply to any employer who—
(I) did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor, as defined in
(II) is not a member of an association which has petitioned for certification under this section for its members, and
(III) has not otherwise associated with other employers who are petitioning for temporary foreign workers under this section.
(iii) Six months before the end of the 3-year period described in clause (i), the Secretary of Labor shall consider the findings of the report mandated by section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986 as well as other relevant materials, including evidence of benefits to United States workers and costs to employers, addressing the advisability of continuing a policy which requires an employer, as a condition for certification under this section, to continue to accept qualified, eligible United States workers for employment after the date the H–2A workers depart for work with the employer. The Secretary's review of such findings and materials shall lead to the issuance of findings in furtherance of the Congressional policy that aliens not be admitted under this section unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or service needed and that the employment of the aliens in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed. In the absence of the enactment of Federal legislation prior to three months before the end of the 3-year period described in clause (i) which addresses the subject matter of this subparagraph, the Secretary shall immediately publish the findings required by this clause, and shall promulgate, on an interim or final basis, regulations based on his findings which shall be effective no later than three years from the effective date of this section.
(iv) In complying with clause (i) of this subparagraph, an association shall be allowed to refer or transfer workers among its members: Provided, That for purposes of this section an association acting as an agent for its members shall not be considered a joint employer merely because of such referral or transfer.
(v) United States workers referred or transferred pursuant to clause (iv) of this subparagraph shall not be treated disparately.
(vi) An employer shall not be liable for payments under section 655.202(b)(6) of title 20, Code of Federal Regulations (or any successor regulation) with respect to an H–2A worker who is displaced due to compliance with the requirement of this subparagraph, if the Secretary of Labor certifies that the H–2A worker was displaced because of the employer's compliance with clause (i) of this subparagraph.
(vii)(I) No person or entity shall willfully and knowingly withhold domestic workers prior to the arrival of H–2A workers in order to force the hiring of domestic workers under clause (i).
(II) Upon the receipt of a complaint by an employer that a violation of subclause (I) has occurred the Secretary shall immediately investigate. He shall within 36 hours of the receipt of the complaint issue findings concerning the alleged violation. Where the Secretary finds that a violation has occurred, he shall immediately suspend the application of clause (i) of this subparagraph with respect to that certification for that date of need.
(4) Housing
Employers shall furnish housing in accordance with regulations. The employer shall be permitted at the employer's option to provide housing meeting applicable Federal standards for temporary labor camps or to secure housing which meets the local standards for rental and/or public accommodations or other substantially similar class of habitation: Provided, That in the absence of applicable local standards, State standards for rental and/or public accommodations or other substantially similar class of habitation shall be met: Provided further, That in the absence of applicable local or State standards, Federal temporary labor camp standards shall apply: Provided further, That the Secretary of Labor shall issue regulations which address the specific requirements of housing for employees principally engaged in the range production of livestock: Provided further, That when it is the prevailing practice in the area and occupation of intended employment to provide family housing, family housing shall be provided to workers with families who request it: And provided further, That nothing in this paragraph shall require an employer to provide or secure housing for workers who are not entitled to it under the temporary labor certification regulations in effect on June 1, 1986.
(d) Roles of agricultural associations
(1) Permitting filing by agricultural associations
A petition to import an alien as a temporary agricultural worker, and an application for a labor certification with respect to such a worker, may be filed by an association of agricultural producers which use agricultural services.
(2) Treatment of associations acting as employers
If an association is a joint or sole employer of temporary agricultural workers, the certifications granted under this section to the association may be used for the certified job opportunities of any of its producer members and such workers may be transferred among its producer members to perform agricultural services of a temporary or seasonal nature for which the certifications were granted.
(3) Treatment of violations
(A) Member's violation does not necessarily disqualify association or other members
If an individual producer member of a joint employer association is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the member, the denial shall apply only to that member of the association unless the Secretary determines that the association or other member participated in, had knowledge of, or reason to know of, the violation.
(B) Association's violation does not necessarily disqualify members
(i) If an association representing agricultural producers as a joint employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, the denial shall apply only to the association and does not apply to any individual producer member of the association unless the Secretary determines that the member participated in, had knowledge of, or reason to know of, the violation.
(ii) If an association of agricultural producers certified as a sole employer is determined to have committed an act that under subsection (b)(2) of this section results in the denial of certification with respect to the association, no individual producer member of such association may be the beneficiary of the services of temporary alien agricultural workers admitted under this section in the commodity and occupation in which such aliens were employed by the association which was denied certification during the period such denial is in force, unless such producer member employs such aliens in the commodity and occupation in question directly or through an association which is a joint employer of such workers with the producer member.
(e) Expedited administrative appeals of certain determinations
(1) Regulations shall provide for an expedited procedure for the review of a denial of certification under subsection (a)(1) of this section or a revocation of such a certification or, at the applicant's request, for a de novo administrative hearing respecting the denial or revocation.
(2) The Secretary of Labor shall expeditiously, but in no case later than 72 hours after the time a new determination is requested, make a new determination on the request for certification in the case of an H–2A worker if able, willing, and qualified eligible individuals are not actually available at the time such labor or services are required and a certification was denied in whole or in part because of the availability of qualified workers. If the employer asserts that any eligible individual who has been referred is not able, willing, or qualified, the burden of proof is on the employer to establish that the individual referred is not able, willing, or qualified because of employment-related reasons.
(f) Violators disqualified for 5 years
An alien may not be admitted to the United States as a temporary agricultural worker if the alien was admitted to the United States as such a worker within the previous five-year period and the alien during that period violated a term or condition of such previous admission.
(g) Authorization of appropriations
(1) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, $10,000,000 for the purposes—
(A) of recruiting domestic workers for temporary labor and services which might otherwise be performed by nonimmigrants described in
(B) of monitoring terms and conditions under which such nonimmigrants (and domestic workers employed by the same employers) are employed in the United States.
(2) The Secretary of Labor is authorized to take such actions, including imposing appropriate penalties and seeking appropriate injunctive relief and specific performance of contractual obligations, as may be necessary to assure employer compliance with terms and conditions of employment under this section.
(3) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purpose of enabling the Secretary of Labor to make determinations and certifications under this section and under
(4) There are authorized to be appropriated for each fiscal year, beginning with fiscal year 1987, such sums as may be necessary for the purposes of enabling the Secretary of Agriculture to carry out the Secretary's duties and responsibilities under this section.
(h) Miscellaneous provisions
(1) The Attorney General shall provide for such endorsement of entry and exit documents of nonimmigrants described in
(2) The provisions of subsections (a) and (c) of
(i) Definitions
For purposes of this section:
(1) The term "eligible individual" means, with respect to employment, an individual who is not an unauthorized alien (as defined in
(2) The term "H–2A worker" means a nonimmigrant described in
(June 27, 1952, ch. 477, title II, ch. 2, §218, formerly §216, as added Nov. 6, 1986,
References in Text
Section 403(a)(4)(D) of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(3)(B)(iii), is section 403(a)(4)(D) of
Codification
Section was classified to
Amendments
1994—Subsec. (i)(1).
1991—Subsec. (g)(3).
Subsec. (i)(1).
1988—
Subsec. (c)(4).
Effective Date of 1994 Amendment
Section 219(z) of
Effective Date of 1991 Amendment
Section 307(l) of
Effective Date of 1988 Amendment
Amendment by
Effective Date; Regulations
Section 301(d), (e) of
"(d)
"(e)
Sense of Congress Respecting Consultation With Mexico
Section 301(f) of
Reports on H–2A Program
Section 403 of
"(a)
"(1) the number of foreign workers permitted to be employed under the program in each year;
"(2) the compliance of employers and foreign workers with the terms and conditions of the program;
"(3) the impact of the program on the labor needs of the United States agricultural employers and on the wages and working conditions of United States agricultural workers; and
"(4) recommendations for modifications of the program, including—
"(A) improving the timeliness of decisions regarding admission of temporary foreign workers under the program,
"(B) removing any economic disincentives to hiring United States citizens or permanent resident aliens for jobs for which temporary foreign workers have been requested,
"(C) improving cooperation among government agencies, employers, employer associations, workers, unions, and other worker associations to end the dependence of any industry on a constant supply of temporary foreign workers, and
"(D) the relative benefits to domestic workers and burdens upon employers of a policy which requires employers, as a condition for certification under the program, to continue to accept qualified United States workers for employment after the date the H–2A workers depart for work with the employer.
The recommendations under subparagraph (D) shall be made in furtherance of the Congressional policy that aliens not be admitted under the H–2A program unless there are not sufficient workers in the United States who are able, willing, and qualified to perform the labor or services needed and that the employment of the alien in such labor or services will not adversely affect the wages and working conditions of workers in the United States similarly employed.
"(b)
[Functions of President under section 403 of
Section Referred to in Other Sections
This section is referred to in
Part III—Issuance of Entry Documents
§1201. Issuance of visas
(a) Immigrants; nonimmigrants
Under the conditions hereinafter prescribed and subject to the limitations prescribed in this chapter or regulations issued thereunder, a consular officer may issue (1) to an immigrant who has made proper application therefor, an immigrant visa which shall consist of the application provided for in
(b) Registration; photographs; waiver of requirement
Each alien who applies for a visa shall be registered in connection with his application, and shall furnish copies of his photograph signed by him for such use as may be by regulations required. The requirements of this subsection may be waived in the discretion of the Secretary of State in the case of any alien who is within that class of nonimmigrants enumerated in
(c) Period of validity; requirement of visa
An immigrant visa shall be valid for such period, not exceeding four months, as shall be by regulations prescribed, except that any visa issued to a child lawfully adopted by a United States citizen and spouse while such citizen is serving abroad in the United States Armed Forces, or is employed abroad by the United States Government, or is temporarily abroad on business, shall be valid until such time, for a period not to exceed three years, as the adoptive citizen parent returns to the United States in due course of his service, employment, or business. A nonimmigrant visa shall be valid for such periods as shall be by regulations prescribed. In prescribing the period of validity of a nonimmigrant visa in the case of nationals of any foreign country who are eligible for such visas, the Secretary of State shall, insofar as practicable, accord to such nationals the same treatment upon a reciprocal basis as such foreign country accords to nationals of the United States who are within a similar class. An immigrant visa may be replaced under the original number during the fiscal year in which the original visa was issued for an immigrant who establishes to the satisfaction of the consular officer that he was unable to use the original immigrant visa during the period of its validity because of reasons beyond his control and for which he was not responsible: Provided, That the immigrant is found by the consular officer to be eligible for an immigrant visa and the immigrant pays again the statutory fees for an application and an immigrant visa.
(d) Physical examination
Prior to the issuance of an immigrant visa to any alien, the consular officer shall require such alien to submit to a physical and mental examination in accordance with such regulations as may be prescribed. Prior to the issuance of a nonimmigrant visa to any alien, the consular officer may require such alien to submit to a physical or mental examination, or both, if in his opinion such examination is necessary to ascertain whether such alien is eligible to receive a visa.
(e) Surrender of visa
Each immigrant shall surrender his immigrant visa to the immigration officer at the port of entry, who shall endorse on the visa the date and the port of arrival, the identity of the vessel or other means of transportation by which the immigrant arrived, and such other endorsements as may be by regulations required.
(f) Surrender of documents
Each nonimmigrant shall present or surrender to the immigration officer at the port of entry such documents as may be by regulation required. In the case of an alien crewman not in possession of any individual documents other than a passport and until such time as it becomes practicable to issue individual documents, such alien crewman may be admitted, subject to the provisions of this part, if his name appears in the crew list of the vessel or aircraft on which he arrives and the crew list is visaed by a consular officer, but the consular officer shall have the right to exclude any alien crewman from the crew list visa.
(g) Nonissuance of visas or other documents
No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under
(h) Nonadmission upon arrival
Nothing in this chapter shall be construed to entitle any alien, to whom a visa or other documentation has been issued, to enter the United States, if, upon arrival at a port of entry in the United States, he is found to be inadmissible under this chapter, or any other provision of law. The substance of this subsection shall appear upon every visa application.
(i) Revocation of visas or documents
After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under
(June 27, 1952, ch. 477, title II, ch. 3, §221,
Amendments
1991—Subsec. (a).
1990—Subsec. (g).
1988—Subsecs. (a) to (c).
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
1981—Subsec. (a).
1965—Subsec. (a).
Subsec. (c).
Subsec. (g).
1961—Subsec. (c).
Effective Date of 1991 Amendment
Section 302(e)(8) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 23(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Permitting Extension of Period of Validity of Immigrant Visas for Certain Residents of Hong Kong
Section 154 of
"(a)
"(1)
"(A) the alien elects, within the period of validity of the immigrant visa under such section, to have this section apply, and
"(B) before the date the alien seeks to be admitted to the United States for lawful permanent residence, the alien notifies the appropriate consular officer of the alien's intention to seek such admission and provides such officer with such information as the officer determines to be necessary to verify that the alien remains eligible for admission to the United States as an immigrant.
"(2)
"(3)
"(b)
"(1)(A) is chargeable under section 202 of the Immigration and Nationality Act [
"(B)(i) is residing in Hong Kong as of the date of the enactment of this Act [Nov. 29, 1990] and is issued an immigrant visa under paragraph (1), (2), (4), or (5) of section 203(a) of the Immigration and Nationality Act [
"(2) is issued a visa under section 124 of this Act [enacting provisions set out as a note under
"(c)
"(1)
"(2)
"(A) is an employee of the Foreign Broadcast Information Service in Hong Kong, or
"(B) is the spouse or child (as defined in subsection (d)) of an alien described in subparagraph (A), if accompanying or following to join the alien in coming to the United States.
"[(3) Repealed.
"(d)
[Section 154 of
Cuban Political Prisoners and Immigrants
"(a)
"(b)
"(c)
"(1) The term 'process' means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
"(2) The term 'refugee' has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act [
"
"
"(b)
"(c)
"(1) The term 'process' means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
"(2) The term 'refugee' has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act [
Cross References
Bonds—
Bond from nonimmigrant alien as prerequisite to admission to the United States, see
Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain physical disabilities, see
Exaction from excludable aliens applying for temporary admission, see
Forms to be prescribed by Attorney General, see
Definition of the term—
Alien, see
Attorney General, see
Consular officer, see
Crewman, see
Diplomatic visa, see
Entry, see
Immigrant, see
Immigrant visa, see
Immigration officer, see
National, see
National of the United States, see
Nonimmigrant alien, see
Nonimmigrant visa, see
Passport, see
United States, see
Passports, see
Section Referred to in Other Sections
This section is referred to in
§1201a. Repealed. Pub. L. 99–653, §5(b), formerly §5(a)(d), Nov. 14, 1986, 100 Stat. 3656 , renumbered §5(b), Pub. L. 100–525, §8(d)(2), Oct. 24, 1988, 102 Stat. 2617
Section,
Effective Date of Repeal
Repeal applicable to applications for immigrant visas made, and visas issued, on or after Nov. 14, 1986, see section 23(b) of
§1202. Application for visas
(a) Immigrant visas
Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed.
(b) Other documentary evidence for immigrant visa
Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain.
(c) Nonimmigrant visas; nonimmigrant registration; form, manner and contents of application
Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; personal description (including height, complexion, color of hair and eyes, and marks of identification); his marital status; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality laws as may be by regulations prescribed.
(d) Other documentary evidence for nonimmigrant visa
Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required.
(e) Signing and verification of application
Except as may be otherwise prescribed by regulations, each application required by this section shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The issuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by a stamp placed by the consular officer in the alien's passport.
(f) Confidential nature of records
The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, except that in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.
(June 27, 1952, ch. 477, title II, ch. 3, §222,
Amendments
1994—Subsec. (a).
1988—Subsec. (a).
Subsecs. (b), (e).
1986—Subsec. (b).
Subsec. (e).
1965—Subsec. (a).
1961—Subsecs. (a), (c).
Effective Date of 1994 Amendment
Section 205(b) of
Effective Date of 1988 Amendment
Amendment by section 8(e) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of the term—
Alien, see
Child, as used in subchapter III of this chapter, see
Child, as used in this subchapter and subchapter I of this chapter, see
Consular officer, see
Entry, see
Immigrant, see
Immigrant visa, see
Immigration laws, see
National, see
Nonimmigrant visa, see
Parent, as used in subchapter III of this chapter, see
Parent, as used in this subchapter and subchapter I of this title, see
Passport, see
Permits to enter, as used in section 1185, see
Residence, see
Special immigrant, see
Spouse, see
Unmarried, see
Detention of aliens for observation and examination, see
Registration and fingerprinting of alien applying for a visa, see
Submission of alien seeking immigrant or nonimmigrant visa to physical and mental examination, see
Section Referred to in Other Sections
This section is referred to in
§1203. Reentry permit
(a) Application; contents
(1) Any alien lawfully admitted for permanent residence, or (2) any alien lawfully admitted to the United States pursuant to clause 6 of section 3 of the Immigration Act of 1924, between July 1, 1924, and July 5, 1932, both dates inclusive, who intends to depart temporarily from the United States may make application to the Attorney General for a permit to reenter the United States, stating the length of his intended absence or absences, and the reasons therefor. Such applications shall be made under oath, and shall be in such form, contain such information, and be accompanied by such photographs of the applicant as may be by regulations prescribed.
(b) Issuance of permit; nonrenewability
If the Attorney General finds (1) that the applicant under subsection (a)(1) of this section has been lawfully admitted to the United States for permanent residence, or that the applicant under subsection (a)(2) of this section has since admission maintained the status required of him at the time of his admission and such applicant desires to visit abroad and to return to the United States to resume the status existing at the time of his departure for such visit, (2) that the application is made in good faith, and (3) that the alien's proposed departure from the United States would not be contrary to the interests of the United States, the Attorney General may, in his discretion, issue the permit, which shall be valid for not more than two years from the date of issuance and shall not be renewable. The permit shall be in such form as shall be by regulations prescribed for the complete identification of the alien.
(c) Multiple reentries
During the period of validity, such permit may be used by the alien in making one or more applications for reentry into the United States.
(d) Presented and surrendered
Upon the return of the alien to the United States the permit shall be presented to the immigration officer at the port of entry, and upon the expiration of its validity, the permit shall be surrendered to the Service.
(e) Permit in lieu of visa
A permit issued under this section in the possession of the person to whom issued, shall be accepted in lieu of any visa which otherwise would be required from such person under this chapter. Otherwise a permit issued under this section shall have no effect under the immigration laws except to show that the alien to whom it was issued is returning from a temporary visit abroad; but nothing in this section shall be construed as making such permit the exclusive means of establishing that the alien is so returning.
(June 27, 1952, ch. 477, title II, ch. 3, §223,
References in Text
Clause (6) of section 3 of the Immigration Act of 1924, referred to in subsec. (a), which was classified to
Amendments
1981—Subsec. (b).
Effective Date of 1981 Amendment
Amendment by
Cross References
Cost of maintenance not to be assessed upon arrival of alien with unexpired reentry permit, see
Definition of alien, Attorney General, entry, immigration laws, immigration officer, lawfully admitted for permanent residence, and United States, see
Readmission without reentry permit of certain aliens who depart from United States temporarily, see
Section Referred to in Other Sections
This section is referred to in
§1204. Immediate relative and special immigrant visas
A consular officer may, subject to the limitations provided in
(June 27, 1952, ch. 477, title II, ch. 3, §224,
Amendments
1965—
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of consular officer, immigrant visa, special immigrant, see
§1205. Repealed. Pub. L. 87–301, §24(a)(2), Sept. 26, 1961, 75 Stat. 657
Section,
Part IV—Provisions Relating to Entry and Exclusion
§1221. Lists of alien and citizen passengers arriving and departing
(a) Shipment or aircraft manifest; arrival; form and contents; exclusions
Upon the arrival of any person by water or by air at any port within the United States from any place outside the United States, it shall be the duty of the master or commanding officer, or authorized agent, owner, or consignee of the vessel or aircraft, having any such person on board to deliver to the immigration officers at the port of arrival typewritten or printed lists or manifests of the persons on board such vessel or aircraft. Such lists or manifests shall be prepared at such time, be in such form and shall contain such information as the Attorney General shall prescribe by regulation as being necessary for the identification of the persons transported and for the enforcement of the immigration laws. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person arriving by air on a trip originating in foreign contiguous territory, except (with respect to such arrivals by air) as may be required by regulations issued pursuant to
(b) Departure; shipment or aircraft manifest; form and contents; exclusions
It shall be the duty of the master or commanding officer or authorized agent of every vessel or aircraft taking passengers on board at any port of the United States, who are destined to any place outside the United States, to file with the immigration officers before departure from such port a list of all such persons taken on board. Such list shall be in such form, contain such information, and be accompanied by such documents, as the Attorney General shall prescribe by regulation as necessary for the identification of the persons so transported and for the enforcement of the immigration laws. No master or commanding officer of any such vessel or aircraft shall be granted clearance papers for his vessel or aircraft until he or the authorized agent has deposited such list or lists and accompanying documents with the immigration officer at such port and made oath that they are full and complete as to the information required to be contained therein, except that in the case of vessels or aircraft which the Attorney General determines are making regular trips to ports of the United States, the Attorney General may, when expedient, arrange for the delivery of lists of outgoing persons at a later date. This subsection shall not require the master or commanding officer, or authorized agent, owner, or consignee of a vessel or aircraft to furnish a list or manifest relating (1) to an alien crewman or (2) to any other person departing by air on a trip originating in the United States who is destined to foreign contiguous territory, except (with respect to such departure by air) as may be required by regulations issued pursuant to
(c) Record of citizens and resident aliens leaving permanently for foreign countries
The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based.
(d) Penalties against noncomplying shipments or aircraft
If it shall appear to the satisfaction of the Attorney General that the master or commanding officer, owner, or consignee of any vessel or aircraft, or the agent of any transportation line, as the case may be, has refused or failed to deliver any list or manifest required by subsection (a) or (b) of this section, or that the list or manifest delivered is not accurate and full, such master or commanding officer, owner, or consignee, or agent, as the case may be, shall pay to the Commissioner the sum of $300 for each person concerning whom such accurate and full list or manifest is not furnished, or concerning whom the manifest or list is not prepared and sworn to as prescribed by this section or by regulations issued pursuant thereto. No vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty.
(e) Waiver of requirements
The Attorney General is authorized to prescribe the circumstances and conditions under which the list or manifest requirements of subsections (a) and (b) of this section may be waived.
(June 27, 1952, ch. 477, title II, ch. 4, §231,
Amendments
1991—Subsec. (d).
1990—Subsec. (d).
1981—Subsec. (d).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 543(c) of
Effective Date of 1981 Amendment
Amendment by
Cross References
Bonds—
Bond from nonimmigrant alien as prerequisite to admission to the United States, see
Bond or undertaking as prerequisite to admission of aliens likely to become public charges or with certain physical disabilities, see
Bond or undertaking as prerequisite to issuance of visas to aliens with certain physical disabilities or likely to become public charges, see
Exaction from excludable aliens applying for temporary admission, see
Forms to be prescribed by Attorney General, see
Definition of the term—
Alien, see
Attorney General, see
Crewman, see
Immigration laws, see
Immigration officer, see
National, see
National of the United States, see
Permanent, see
Residence, see
United States, see
Unmarried, see
Section Referred to in Other Sections
This section is referred to in
§1222. Detention of aliens for observation and examination upon arrival
For the purpose of determining whether aliens (including alien crewmen) arriving at ports of the United States belong to any of the classes excluded by this chapter, by reason of being afflicted with any of the diseases or mental or physical defects or disabilities set forth in
(June 27, 1952, ch. 477, title II, ch. 4, §232,
Amendments
1988—
1986—
Effective Date of 1988 Amendment
Amendment by section 4(b)(1), (2) of
Cross References
Definition of alien, Attorney General, crewman, and immigration officer, see
§1223. Repealed. Pub. L. 99–500, §101(b) [title II, §206(a), formerly §206], Oct. 18, 1986, 100 Stat. 1783–39 , 1783-56; renumbered §206(a) and amended Pub. L. 100–525, §4(b)(1), (3), Oct. 24, 1988, 102 Stat. 2615
Section, act June 27, 1952, ch. 477, title II, ch. 4, §233,
§1224. Physical and mental examinations; appeal of findings
The physical and mental examination of arriving aliens (including alien crewmen) shall be made by medical officers of the United States Public Health Service, who shall conduct all medical examinations and shall certify, for the information of the immigration officers and the special inquiry officers, any physical and mental defect or disease observed by such medical officers in any such alien. If medical officers of the United States Public Health Service are not available, civil surgeons of not less than four years' professional experience may be employed for such service upon such terms as may be prescribed by the Attorney General. Aliens (including alien crewmen) arriving at ports of the United States shall be examined by at least one such medical officer or civil surgeon under such administrative regulations as the Attorney General may prescribe, and under medical regulations prepared by the Secretary of Health and Human Services. Medical officers of the United States Public Health Service who have had special training in the diagnosis of insanity and mental defects shall be detailed for duty or employed at such ports of entry as the Attorney General may designate, and such medical officers shall be provided with suitable facilities for the detention and examination of all arriving aliens who it is suspected may be excludable under paragraph (1) of
(June 27, 1952, ch. 477, title II, ch. 4, §234,
Amendments
1990—
1988—
Effective Date of 1990 Amendment
Amendment by
Designation of United States Military Physicians as Civil Surgeons
Cross References
Definition of alien, Attorney General, crewman, entry, immigration officer, and special inquiry officer, see
Public Health Service, see
Section Referred to in Other Sections
This section is referred to in
§1225. Inspection by immigration officers
(a) Powers of officers
The inspection, other than the physical and mental examination, of aliens (including alien crewmen) seeking admission or readmission to or the privilege of passing through the United States shall be conducted by immigration officers, except as otherwise provided in regard to special inquiry officers. All aliens arriving at ports of the United States shall be examined by one or more immigration officers at the discretion of the Attorney General and under such regulations as he may prescribe. Immigration officers are authorized and empowered to board and search any vessel, aircraft, railway car, or other conveyance, or vehicle in which they believe aliens are being brought into the United States. The Attorney General and any immigration officer, including special inquiry officers, shall have power to administer oaths and to take and consider evidence of or from any person touching the privilege of any alien or person he believes or suspects to be an alien to enter, reenter, pass through, or reside in the United States or concerning any matter which is material and relevant to the enforcement of this chapter and the administration of the Service, and, where such action may be necessary, to make a written record of such evidence. Any person coming into the United States may be required to state under oath the purpose or purposes for which he comes, the length of time he intends to remain in the United States, whether or not he intends to remain in the United States permanently and, if an alien, whether he intends to become a citizen thereof, and such other items of information as will aid the immigration officer in determining whether he is a national of the United States or an alien and, if the latter, whether he belongs to any of the excluded classes enumerated in
(b) Detention for further inquiry; challenge of favorable decision
Every alien (other than an alien crewman), and except as otherwise provided in subsection (c) of this section and in
(c) Temporary exclusion; permanent exclusion by Attorney General
Any alien (including an alien crewman) who may appear to the examining immigration officer or to the special inquiry officer during the examination before either of such officers to be excludable under subparagraph (A) (other than clause (ii)), (B), or (C) of
(June 27, 1952, ch. 477, title II, ch. 4, §235,
Amendments
1990—Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Federal Rules of Criminal Procedure
Criminal contempt, see rule 42, Title 18, Appendix, Crimes and Criminal Procedure.
Cross References
Contempts, see
Definition of the term—
Alien, see
Attorney General, see
Crewman, see
Entry, see
Immigration officer, see
National of the United States, see
Service, see
Special inquiry officer, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1226. Exclusion of aliens
(a) Proceedings
A special inquiry officer shall conduct proceedings under this section, administer oaths, present and receive evidence, and interrogate, examine, and cross-examine the alien or witnesses. He shall have authority in any case to determine whether an arriving alien who has been detained for further inquiry under
(b) Appeal
From a decision of a special inquiry officer excluding an alien, such alien may take a timely appeal to the Attorney General, and any such alien shall be advised of his right to take such appeal. No appeal may be taken from a temporary exclusion under
(c) Finality of decision of special inquiry officers
Except as provided in subsections (b) or (d) of this section, in every case where an alien is excluded from admission into the United States, under this chapter or any other law or treaty now existing or hereafter made, the decision of a special inquiry officer shall be final unless reversed on appeal to the Attorney General.
(d) Physical and mental defects
If a medical officer or civil surgeon or board of medical officers has certified under
(e) Custody of alien
(1) Pending a determination of excludability, the Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense).
(2) Notwithstanding any other provision of this section, the Attorney General shall not release such felon from custody unless the Attorney General determines that the alien may not be deported because the condition described in
(3) If the determination described in paragraph (2) has been made, the Attorney General may release such alien only after—
(A) a procedure for review of each request for relief under this subsection has been established,
(B) such procedure includes consideration of the severity of the felony committed by the alien, and
(C) the review concludes that the alien will not pose a danger to the safety of other persons or to property.
(June 27, 1952, ch. 477, title II, ch. 4, §236,
Amendments
1991—Subsec. (e)(1).
1990—Subsec. (d).
Subsec. (e).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 603(a)(12) of
Cross References
Definition of alien, Attorney General, entry, immigration officer, and special inquiry officer, see
Judicial review of orders of exclusion, see
Revocation of approval of certain petitions, notice, see
Section Referred to in Other Sections
This section is referred to in
§1227. Immediate deportation of aliens excluded from admission or entering in violation of law
(a) Maintenance expenses
(1) Any alien (other than an alien crewman) arriving in the United States who is excluded under this chapter, shall be immediately deported, in accommodations of the same class in which he arrived, unless the Attorney General, in an individual case, in his discretion, concludes that immediate deportation is not practicable or proper. Deportation shall be to the country in which the alien boarded the vessel or aircraft on which he arrived in the United States, unless the alien boarded such vessel or aircraft in foreign territory contiguous to the United States or in any island adjacent thereto or adjacent to the United States and the alien is not a native, citizen, subject or national of, or does not have a residence in, such foreign contiguous territory or adjacent island, in which case the deportation shall instead be to the country in which is located the port at which the alien embarked for such foreign contiguous territory or adjacent island. The cost of the maintenance including detention expenses and expenses incident to detention of any such alien while he is being detained shall be borne by the owner or owners of the vessel or aircraft on which he arrived, except that the cost of maintenance (including detention expenses and expenses incident to detention while the alien is being detained prior to the time he is offered for deportation to the transportation line which brought him to the United States) shall not be assessed against the owner or owners of such vessel or aircraft if (A) the alien was in possession of a valid, unexpired immigrant visa, or (B) the alien (other than an alien crewman) was in possession of a valid, unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (i) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (ii) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if the owner or owners of such vessel or aircraft established to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the alien's embarkation, or (C) the person claimed United States nationality or citizenship and was in possession of an unexpired United States passport issued to him by competent authority.
(2) If the government of the country designated in paragraph (1) will not accept the alien into its territory, the alien's deportation shall be directed by the Attorney General, in his discretion and without necessarily giving any priority or preference because of their order as herein set forth, either to—
(A) the country of which the alien is a subject, citizen, or national;
(B) the country in which he was born;
(C) the country in which he has a residence; or
(D) any country which is willing to accept the alien into its territory, if deportation to any of the foregoing countries is impracticable, inadvisable, or impossible.
(b) Unlawful practice of transportation lines
It shall be unlawful for any master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or aircraft (1) to refuse to receive any alien (other than an alien crewman), ordered deported under this section back on board such vessel or aircraft or another vessel or aircraft owned or operated by the same interests; (2) to fail to detain any alien (other than an alien crewman) on board any such vessel or at the airport of arrival of the aircraft when required by this chapter or if so ordered by an immigration officer, or to fail or refuse to deliver him for medical or other inspection, or for further medical or other inspection, as and when so ordered by such officer; (3) to refuse or fail to remove him from the United States to the country to which his deportation has been directed; (4) to fail to pay the cost of his maintenance while being detained as required by this section; (5) to take any fee, deposit, or consideration on a contingent basis to be kept or returned in case the alien is landed or excluded; or (6) knowingly to bring to the United States any alien (other than an alien crewman) excluded or arrested and deported under any provision of law until such alien may be lawfully entitled to reapply for admission to the United States. If it shall appear to the satisfaction of the Attorney General that any such master, commanding officer, purser, person in charge, agent, owner, or consignee of any vessel or aircraft has violated any of the provisions of this section, such master, commanding officer, purser, person in charge, agent, owner, or consignee shall pay to the Commissioner the sum of $2,000 for each violation. No such vessel or aircraft shall have clearance from any port of the United States while any such fine is unpaid or while the question of liability to pay any such fine is being determined, nor shall any such fine be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such fine.
(c) Transportation expense of deportation
An alien shall be deported on a vessel or aircraft owned by the same person who owns the vessel or aircraft on which the alien arrived in the United States, unless it is impracticable to so deport the alien within a reasonable time. The transportation expense of the alien's deportation shall be borne by the owner or owners of the vessel or aircraft on which the alien arrived. If the deportation is effected on a vessel or aircraft not owned by such owner or owners, the transportation expense of the alien's deportation may be paid from the appropriation for the enforcement of this chapter and recovered by civil suit from any owner, agent, or consignee of the vessel or aircraft on which the alien arrived.
(d) Stay of deportation; payment of maintenance expenses
The Attorney General, under such conditions as are by regulations prescribed, may stay the deportation of any alien deportable under this section, if in his judgment the testimony of such alien is necessary on behalf of the United States in the prosecution of offenders against any provision of this chapter or other laws of the United States. The cost of maintenance of any person so detained resulting from a stay of deportation under this subsection and a witness fee in the sum of $1 per day for each day such person is so detained may be paid from the appropriation for the enforcement of this subchapter. Such alien may be released under bond in the penalty of not less than $500 with security approved by the Attorney General on condition that such alien shall be produced when required as a witness and for deportation, and on such other conditions as the Attorney General may prescribe.
(e) Deportation of alien accompanying physically disabled alien
Upon the certificate of an examining medical officer to the effect that an alien ordered to be excluded and deported under this section is helpless from sickness or mental and physical disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by the alien ordered excluded and deported, such accompanying alien may also be excluded and deported, and the master, commanding officer, agent, owner, or consignee of the vessel or aircraft in which such alien and accompanying alien arrived in the United States shall be required to return the accompanying alien in the same manner as other aliens denied admission and ordered deported under this section.
(June 27, 1952, ch. 477, title II, ch. 4, §237,
Amendments
1991—Subsec. (b).
1990—Subsec. (b).
1988—Subsec. (b).
1986—Subsec. (b).
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 4(c) of
Effective Date of 1981 Amendment
Amendment by
Cross References
Bond or undertaking with collector of customs as prerequisite to granting clearance prior to determination of question involving delivery of lists or manifests, see
Definition of the term—
Alien, see
Attorney General, see
Crewman, see
Entry, see
Immigrant visa, see
Immigration officer, see
National of the United States, see
Nonimmigrant visa, see
Passport, see
Service, see
United States, see
Reentry permit—
Generally, see
Readmission without reentry permit of certain aliens who depart from United States temporarily, see
Section Referred to in Other Sections
This section is referred to in
§1228. Entry through or from foreign contiguous territory and adjacent islands
(a) Necessity of transportation contract
The Attorney General shall have power to enter into contracts with transportation lines for the entry and inspection of aliens coming to the United States from foreign contiguous territory or from adjacent islands. No such transportation line shall be allowed to land any such alien in the United States until and unless it has entered into any such contracts which may be required by the Attorney General.
(b) Landing stations
Every transportation line engaged in carrying alien passengers for hire to the United States from foreign contiguous territory or from adjacent islands shall provide and maintain at its expense suitable landing stations, approved by the Attorney General, conveniently located at the point or points of entry. No such transportation line shall be allowed to land any alien passengers in the United States until such landing stations are provided, and unless such stations are thereafter maintained to the satisfaction of the Attorney General.
(c) Landing agreements
The Attorney General shall have power to enter into contracts including bonding agreements with transportation lines to guarantee the passage through the United States in immediate and continuous transit of aliens destined to foreign countries. Notwithstanding any other provision of this chapter, such aliens may not have their classification changed under
(d) Definitions
As used in this section the terms "transportation line" and "transportation company" include, but are not limited to, the owner, charterer, consignee, or authorized agent operating any vessel or aircraft bringing aliens to the United States, to foreign contiguous territory, or to adjacent islands.
(June 27, 1952, ch. 477, title II, ch. 4, §238,
Amendments
1986—
Effective Date of 1986 Amendment
Amendment by
Cross References
Definition of adjacent islands, Attorney General, entry, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1229. Designation of ports of entry for aliens arriving by aircraft
The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this chapter; and (3) by regulation to provide for the application to civil air navigation of the provisions of this chapter where not expressly so provided in this chapter to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $2,000 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefore in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $2,000 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 4, §239,
Amendments
1991—
1990—
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Definition of alien, Attorney General, and entry, see
Designation of ports of entry for civil aircraft, see
Section Referred to in Other Sections
This section is referred to in
§1230. Records of admission
(a) The Attorney General shall cause to be filed, as a record of admission of each immigrant, the immigrant visa required by
(b) The Attorney General shall cause to be filed such record of the entry into the United States of each immigrant admitted under
(June 27, 1952, ch. 477, title II, ch. 4, §240,
Cross References
Definition of the term—
Alien, see
Attorney General, see
Entry, see
Immigrant, see
Immigrant visa, see
Immigration laws, see
Immigration officer, see
Nonimmigrant alien, see
United States, see
Part V—Deportation; Adjustment of Status
Cross References
Registration provisions pertaining to persons trained in foreign espionage systems, deportation in manner provided by this part for violation of, see
Part Referred to in Other Sections
This part is referred to in
§1251. Deportable aliens
(a) Classes of deportable aliens
Any alien (including an alien crewman) in the United States shall, upon the order of the Attorney General, be deported if the alien is within one or more of the following classes of deportable aliens:
(1) Excludable at time of entry or of adjustment of status or violates status
(A) Excludable aliens
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens excludable by the law existing at such time is deportable.
(B) Entered without inspection
Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable.
(C) Violated nonimmigrant status or condition of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under
(D) Termination of conditional permanent residence
(i) In general
Any alien with permanent resident status on a conditional basis under
(ii) Exception
Clause (i) shall not apply in the cases described in
(E) Smuggling
(i) In general
Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(ii) Special rule in the case of family reunification
Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under
(iii) Waiver authorized
The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
(F) Failure to maintain employment
Any alien who obtains the status of an alien lawfully admitted for temporary residence under section 1161 1 of this title who fails to meet the requirement of section 1161(d)(5)(A) 1 of this title by the end of the applicable period is deportable.
(G) Marriage fraud
An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of
(i) the alien obtains any entry into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any entry of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws, or
(ii) it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of the Attorney General was made for the purpose of procuring the alien's entry as an immigrant.
(H) Waiver authorized for certain misrepresentations
The provisions of this paragraph relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens described in
(i) is the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and
(ii) was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of
A waiver of deportation for fraud or misrepresentation granted under this subparagraph shall also operate to waive deportation based on the grounds of inadmissibility at entry directly resulting from such fraud or misrepresentation.
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
Any alien who—
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255(i) 1 of this title) after the date of entry, and
(II) either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer,
is deportable.
(ii) Multiple criminal convictions
Any alien who at any time after entry is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(iii) Aggravated felony
Any alien who is convicted of an aggravated felony at any time after entry is deportable.
(iv) Waiver authorized
Clauses (i), (ii), and (iii) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.
(B) Controlled substances
(i) Conviction
Any alien who at any time after entry has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in
(ii) Drug abusers and addicts
Any alien who is, or at any time after entry has been, a drug abuser or addict is deportable.
(C) Certain firearm offenses
Any alien who at any time after entry is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate—
(i) any offense under
(ii) any offense under
(iii) a violation of any provision of the Military Selective Service Act (
(iv) a violation of
is deportable.
(3) Failure to register and falsification of documents
(A) Change of address
An alien who has failed to comply with the provisions of
(B) Failure to register or falsification of documents
Any alien who at any time has been convicted—
(i) under
(ii) of a violation of, or an attempt or a conspiracy to violate, any provision of the Foreign Agents Registration Act of 1938 (
(iii) of a violation of, or an attempt or a conspiracy to violate,
is deportable.
(C) Document fraud
Any alien who is the subject of a final order for violation of
(4) Security and related grounds
(A) In general
Any alien who has engaged, is engaged, or at any time after entry engages in—
(i) any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means,
is deportable.
(B) Terrorist activities
Any alien who has engaged, is engaged, or at any time after entry engages in any terrorist activity (as defined in
(C) Foreign policy
(i) In general
An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(ii) Exceptions
The exceptions described in clauses (ii) and (iii) of
(D) Assisted in Nazi persecution or engaged in genocide
Any alien described in clause (i) or (ii) of
(5) Public charge
Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
(b) Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under the provision of either
(c) Waiver of grounds for deportation
Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of exclusion described in paragraph (2) or (3) of
(June 27, 1952, ch. 477, title II, ch. 5, §241,
References in Text
Section 301 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 301 of
Section 112 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is section 112 of
The Military Selective Service Act, referred to in subsec. (a)(2)(D)(iii), is act June 24, 1948, ch. 625,
The Trading With the Enemy Act, referred to in subsec. (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106,
The Alien Registration Act, 1940, referred to in subsec. (a)(3)(B)(i), is act June 28, 1940, ch. 439,
The Foreign Agents Registration Act of 1938, referred to in subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327,
Amendments
1994—Subsec. (a)(2)(A)(i)(I).
Subsec. (a)(2)(C).
Subsec. (a)(3)(B)(ii), (iii).
Subsec. (c).
1991—Subsec. (a).
Subsec. (a)(1)(D)(i).
Subsec. (a)(1)(E)(i).
Subsec. (a)(1)(E)(ii), (iii).
Subsec. (a)(1)(G).
Subsec. (a)(1)(H).
Subsec. (a)(2)(D).
Subsec. (a)(3)(C).
Subsec. (a)(4)(A), (B).
Subsec. (a)(4)(C).
Subsec. (c).
Subsec. (d).
Subsec. (h).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Subsecs. (f), (g).
Subsec. (h).
1988—Subsec. (a)(4).
Subsec. (a)(14).
Subsec. (a)(17).
Subsec. (a)(20).
1986—Subsec. (a)(9).
Subsec. (a)(10).
Subsec. (a)(11).
Subsec. (a)(20).
Subsec. (g).
1981—Subsec. (f).
1978—Subsec. (a)(19).
1976—Subsec. (a)(10).
1965—Subsec. (a)(10).
1961—Subsec. (f).
1960—Subsec. (a)(11).
1956—Subsec. (a)(11). Act July 18, 1956, §301(b), included conspiracy to violate any narcotic law, and the illicit possession of narcotics, as additional grounds for deportation.
Subsec. (b). Act July 18, 1956, §301(c), inserted at end "The provisions of this subsection shall not apply in the case of any alien who is charged with being deportable from the United States under subsection (a)(11) of this section."
Effective Date of 1994 Amendment
Amendment by section 203(b) of
Amendment by section 219(g) of
Effective Date of 1991 Amendment
Amendment by sections 302(d)(3), 307(h) of
Section 307(k) of
Effective Date of 1990 Amendment
Amendment by section 153(b)(1) of
Section 153(b)(2) of
Section 505(b) of
Section 508(b) of
Section 544(d), formerly (c), of
Section 602(d) of
Effective Date of 1988 Amendments
Section 7344(b) of
Section 7348(b) of
Amendment by section 2(n)(2) of
Effective Date of 1986 Amendments
Amendment by
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Effective Date of 1956 Amendment
Amendment by act July 18, 1956, effective July 19, 1956, see section 401 of act July 18, 1956.
Savings Provision
Section 602(c) of
Report on Criminal Aliens
Section 510 of
"(a)
"(b)
"(1) the number of aliens in the United States who have been convicted of a criminal offense in the United States, and, of such number, the number of such aliens who are not lawfully admitted to the United States;
"(2) the number of aliens lawfully admitted to the United States who have been convicted of such an offense and, based on such conviction, are subject to deportation from the United States;
"(3) the number of aliens in the United States who are incarcerated in a penal institution in the United States, and, of such number, the number of such aliens who are not lawfully admitted to the United States;
"(4)(A) the number of aliens whose deportation hearings have been conducted pursuant to section 242A(a) of the Immigration and Nationality Act [
"(5) the number of aliens in the United States who have reentered the United States after having been convicted of a criminal offense in the United States.
Within each of the numbers of aliens specified under this subsection who have been convicted of criminal offenses, the Attorney General shall distinguish between criminal offenses that are aggravated felonies (as defined in section 101(a)(43) of the Immigration and Nationality Act [
"(c)
"(1)(A) aliens who are not lawfully admitted to the United States and who, as of the date of the enactment of this Act [Nov. 29, 1990], have committed any criminal offense in the United States, and (B) aliens who are lawfully admitted to the United States and who, as of such date, have committed a criminal offense in the United States the commission of which makes the alien subject to deportation; and
"(2)(A) aliens who are not lawfully admitted to the United States and who, in the future, commit a criminal offense in the United States, and (B) aliens who are lawfully admitted to the United States and who, in the future, commit a criminal offense in the United States the commission of which makes the alien subject to deportation.
Such plan shall also include a method for identifying and preventing the unlawful reentry of aliens who have been convicted of criminal offenses in the United States and removed from the United States."
Cross References
Conspiracy, see
Convicted aliens, deportation after imprisonment, see
Definition of the term—
Adjacent islands, see
Advocates, see
Advocating a doctrine, see
Advocating the doctrines of world communism, see
Affiliation, see
Alien, see
Attorney General, see
Crewman, see
Doctrine, see
Entry, see
Foreign state, see
Immigrant, see
Immigrant visa, see
Immigration laws, see
Nonimmigrant alien, see
Organization, see
Service, see
Totalitarian party and totalitarian dictatorship, see
United States, see
Unmarried, see
World communism, see
Diplomatic and semidiplomatic immunities, see
Peace Corps programs, deportation of foreign participants pursuant to provisions of this section, see
Principals, see
Reprieves and pardons, power of President to grant, see Const. Art. II, §2, cl. 1.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§1251a. Repealed. Pub. L. 87–301, §24(a)(3), Sept. 26, 1961, 75 Stat. 657
Section,
§1252. Apprehension and deportation of aliens
(a) Arrest and custody; review of determination by court; aliens committing aggravated felonies; report to Congressional committees
(1) Pending a determination of deportability in the case of any alien as provided in subsection (b) of this section, such alien may, upon warrant of the Attorney General, be arrested and taken into custody. Except as provided in paragraph (2), any such alien taken into custody may, in the discretion of the Attorney General and pending such final determination of deportability, (A) be continued in custody; or (B) be released under bond in the amount of not less than $500 with security approved by the Attorney General, containing such conditions as the Attorney General may prescribe; or (C) be released on conditional parole. But such bond or parole, whether heretofore or hereafter authorized, may be revoked at any time by the Attorney General, in his discretion, and the alien may be returned to custody under the warrant which initiated the proceedings against him and detained until final determination of his deportability. Any court of competent jurisdiction shall have authority to review or revise any determination of the Attorney General concerning detention, release on bond, or parole pending final decision of deportability upon a conclusive showing in habeas corpus proceedings that the Attorney General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to determine deportability.
(2)(A) The Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense). Notwithstanding paragraph (1) or subsections (c) and (d) of this section but subject to subparagraph (B), the Attorney General shall not release such felon from custody.
(B) The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonstrates to the satisfaction of the Attorney General that such alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.
(3)(A) The Attorney General shall devise and implement a system—
(i) to make available, daily (on a 24-hour basis), to Federal, State, and local authorities the investigative resources of the Service to determine whether individuals arrested by such authorities for aggravated felonies are aliens;
(ii) to designate and train officers and employees of the Service within each district to serve as a liaison to Federal, State, and local law enforcement and correctional agencies and courts with respect to the arrest, conviction, and release of any alien charged with an aggravated felony; and
(iii) which uses computer resources to maintain a current record of aliens who have been convicted of an aggravated felony and who have been deported; such record shall be made available to inspectors at ports of entry and to border patrol agents at sector headquarters for purposes of immediate identification of any such previously deported alien seeking to reenter the United States.
(B) The Attorney General shall submit reports to the Committees on the Judiciary of the House of Representatives and of the Senate at the end of the 6-month period and at the end of the 18-month period beginning on the effective date of this paragraph which describe in detail specific efforts made by the Attorney General to implement this paragraph.
(b) Proceedings to determine deportability; removal expenses
A special inquiry officer shall conduct proceedings under this section to determine the deportability of any alien, and shall administer oaths, present and receive evidence, interrogate, examine, and cross-examine the alien or witnesses, and, as authorized by the Attorney General, shall make determinations, including orders of deportation. Determination of deportability in any case shall be made only upon a record made in a proceeding before a special inquiry officer, at which the alien shall have reasonable opportunity to be present, unless by reason of the alien's mental incompetency it is impracticable for him to be present, in which case the Attorney General shall prescribe necessary and proper safeguards for the rights and privileges of such alien. If any alien has been given a reasonable opportunity to be present at a proceeding under this section, and without reasonable cause fails or refuses to attend or remain in attendance at such proceeding, the special inquiry officer may proceed to a determination in like manner as if the alien were present. In any case or class of cases in which the Attorney General believes that such procedure would be of aid in making a determination, he may require specifically or by regulation that an additional immigration officer shall be assigned to present the evidence on behalf of the United States and in such case such additional immigration officer shall have authority to present evidence, and to interrogate, examine and cross-examine the alien or other witnesses in the proceedings. Nothing in the preceding sentence shall be construed to diminish the authority conferred upon the special inquiry officer conducting such proceedings. No special inquiry officer shall conduct a proceeding in any case under this section in which he shall have participated in investigative functions or in which he shall have participated (except as provided in this subsection) in prosecuting functions. Proceedings before a special inquiry officer acting under the provisions of this section shall be in accordance with such regulations, not inconsistent with this chapter, as the Attorney General shall prescribe. Such regulations shall include requirements that are consistent with
(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held,
(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose,
(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence on his own behalf, and to cross-examine witnesses presented by the Government, and
(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.
Except as provided in
(c) Final order of deportation; place of detention
When a final order of deportation under administrative processes is made against any alien, the Attorney General shall have a period of six months from the date of such order, or, if judicial review is had, then from the date of the final order of the court, within which to effect the alien's departure from the United States, during which period, at the Attorney General's discretion, the alien may be detained, released on bond in an amount and containing such conditions as the Attorney General may prescribe, or released on such other condition as the Attorney General may prescribe. Any court of competent jurisdiction shall have authority to review or revise any determination of the Attorney General concerning detention, release on bond, or other release during such six-month period upon a conclusive showing in habeas corpus proceedings that the Attorney General is not proceeding with such reasonable dispatch as may be warranted by the particular facts and circumstances in the case of any alien to effect such alien's departure from the United States within such six-month period. If deportation has not been practicable, advisable, or possible, or departure of the alien from the United States under the order of deportation has not been effected, within such six-month period, the alien shall become subject to such further supervision and detention pending eventual deportation as is authorized in this section. The Attorney General is authorized and directed to arrange for appropriate places of detention for those aliens whom he shall take into custody and detain under this section. Where no Federal buildings are available or buildings adapted or suitably located for the purpose are available for rental, the Attorney General is authorized, notwithstanding
(d) Supervision of deportable alien; violation by alien
Any alien, against whom a final order of deportation as defined in subsection (c) of this section heretofore or hereafter issued has been outstanding for more than six months, shall, pending eventual deportation, be subject to supervision under regulations prescribed by the Attorney General. Such regulations shall include provisions which will require any alien subject to supervision (1) to appear from time to time before an immigration officer for identification; (2) to submit, if necessary, to medical and psychiatric examination at the expense of the United States; (3) to give information under oath as to his nationality, circumstances, habits, associations, and activities, and such other information, whether or not related to the foregoing, as the Attorney General may deem fit and proper; and (4) to conform to such reasonable written restrictions on his conduct or activities as are prescribed by the Attorney General in his case. Any alien who shall willfully fail to comply with such regulations, or willfully fail to appear or to give information or submit to medical or psychiatric examination if required, or knowingly give false information in relation to the requirements of such regulations, or knowingly violate a reasonable restriction imposed upon his conduct or activity, shall be fined not more than $1,000 or shall be imprisoned not more than one year, or both.
(e) Penalty for willful failure to depart; suspension of sentence
Any alien against whom a final order of deportation is outstanding by reason of being a member of any of the classes described in
(f) Unlawful reentry
Should the Attorney General find that any alien has unlawfully reentered the United States after having previously departed or been deported pursuant to an order of deportation, whether before or after June 27, 1952, on any ground described in any of the paragraphs enumerated in subsection (e) of this section, the previous order of deportation shall be deemed to be reinstated from its original date and such alien shall be deported under such previous order at any time subsequent to such reentry. For the purposes of subsection (e) of this section the date on which the finding is made that such reinstatement is appropriate shall be deemed the date of the final order of deportation.
(g) Voluntary deportation; payment of expenses
If any alien, subject to supervision or detention under subsections (c) or (d) of this section, is able to depart from the United States under the order of deportation, except that he is financially unable to pay his passage, the Attorney General may in his discretion permit such alien to depart voluntarily, and the expense of such passage to the country to which he is destined may be paid from the appropriation for the enforcement of this chapter, unless such payment is otherwise provided for under this chapter.
(h) Service of prison sentence prior to deportation
An alien sentenced to imprisonment shall not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation.
(i) Expeditious deportation of convicted aliens
In the case of an alien who is convicted of an offense which makes the alien subject to deportation, the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of the conviction.
(j) Incarceration
(1) If the chief executive officer of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the incarceration of an undocumented criminal alien submits a written request to the Attorney General, the Attorney General shall, as determined by the Attorney General—
(A) enter into a contractual arrangement which provides for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration of the undocumented criminal alien; or
(B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate the alien.
(2) Compensation under paragraph (1)(A) shall be the average cost of incarceration of a prisoner in the relevant State as determined by the Attorney General.
(3) For purposes of this subsection, the term "undocumented criminal alien" means an alien who—
(A) has been convicted of a felony and sentenced to a term of imprisonment; and
(B)(i) entered the United States without inspection or at any time or place other than as designated by the Attorney General;
(ii) was the subject of exclusion or deportation proceedings at the time he or she was taken into custody by the State or a political subdivision of the State; or
(iii) was admitted as a nonimmigrant and at the time he or she was taken into custody by the State or a political subdivision of the State has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under
(4)(A) In carrying out paragraph (1), the Attorney General shall give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies.
(B) The Attorney General shall ensure that undocumented criminal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide a level of security appropriate to the crimes for which they were convicted.
(5) There are authorized to be appropriated such sums as may be necessary to carry out this subsection, of which the following amounts may be appropriated from the Violent Crime Reduction Trust Fund:
(A) $130,000,000 for fiscal year 1995;
(B) $300,000,000 for fiscal year 1996;
(C) $330,000,000 for fiscal year 1997;
(D) $350,000,000 for fiscal year 1998;
(E) $350,000,000 for fiscal year 1999; and
(F) $340,000,000 for fiscal year 2000.
(June 27, 1952, ch. 477, title II, ch. 5, §242,
References in Text
The effective date of this paragraph, referred to in subsec. (a)(3)(B), is the effective date of section 7343(a) of
Amendments
1994—Subsec. (b).
Subsec. (e).
Subsec. (h).
Subsec. (j).
1991—Subsec. (a)(2)(B).
Subsec. (b).
Subsec. (e).
Subsec. (h).
1990—Subsec. (a)(2).
Subsec. (b).
"(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held;
"(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose;
"(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence in his own behalf, and to cross-examine witnesses presented by the Government; and
"(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence."
Subsec. (e).
1988—Subsec. (a).
Subsec. (e).
1986—Subsec. (i).
1984—Subsec. (h).
1981—Subsec. (b).
Subsec. (e).
1954—Subsec. (d). Act Sept. 3, 1954, struck out "shall upon conviction be guilty of a felony."
Effective Date of 1994 Amendments
Amendment by section 219(h) of
Section 224(c) of
Section 20301(b) of
Effective Date of 1991 Amendment
Amendment by section 306(a)(4), (c)(7) of
Section 307(m)(2) of
Effective Date of 1990 Amendment
Section 504(c) of
Amendment by section 545(e) of
Amendment by section 603(b)(2) of
Effective Date of 1988 Amendment
Section 7343(c) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Regulations
Section 545(d) of
"(1) the period of time in which motions to reopen and to reconsider may be offered in deportation proceedings, which regulations include a limitation on the number of such motions that may be filed and a maximum time period for the filing of such motions; and
"(2) the time period for the filing of administrative appeals in deportation proceedings and for the filing of appellate and reply briefs, which regulations include a limitation on the number of administrative appeals that may be made, a maximum time period for the filing of such motions and briefs, the items to be included in the notice of appeal, and the consolidation of motions to reopen or to reconsider with the appeal of the order of deportation."
Construction of Expedited Deportation Requirements
Nothing in subsec. (i) of this section to 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, see section 225 of
Termination of Limitation
Section 20301(c) of
Criminal Alien Tracking Center
Section 130002 of
"(a)
"(b)
"(1) $3,400,000 for fiscal year 1996;
"(2) $3,600,000 for fiscal year 1997;
"(3) $3,700,000 for fiscal year 1998;
"(4) $3,800,000 for fiscal year 1999; and
"(5) $3,900,000 for fiscal year 2000."
Expanded Special Deportation Proceedings
Section 130007 of
"(a)
"(b)
"(1) construct or contract for the construction of 2 Immigration and Naturalization Service Processing Centers to detain criminal aliens; and
"(2) provide for the detention and removal of such aliens.
"(c)
"(d)
"(1) $55,000,000 for fiscal year 1995;
"(2) $54,000,000 for fiscal year 1996;
"(3) $49,000,000 for fiscal year 1997; and
"(4) $2,000,000 for fiscal year 1998."
Authority To Accept Certain Assistance
Section 130008 of
"(a)
"(b)
Cross References
Conspiracy, see
Definition of the term—
Alien, see
Alien deported in pursuance of law, see
Attorney General, see
Immigration laws, see
Immigration officer, see
National, see
Passport, see
Special inquiry officer, see
United States, see
Habeas corpus, see
Judicial review of orders of deportation, see
Peace Corps programs, deportation of foreign participants pursuant to provisions of this section, see
Sentences, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 So in original. The period preceding the colon probably should not appear.
§1252a. Expedited deportation of aliens convicted of committing aggravated felonies
(a) Deportation of criminal aliens
(1) in general
The Attorney General shall provide for the availability of special deportation proceedings at certain Federal, State, and local correctional facilities for aliens convicted of aggravated felonies (as defined in
(2) Implementation
With respect to an alien convicted of an aggravated felony who is taken into custody by the Attorney General pursuant to
(3) Expedited proceedings
(A) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent possible, the completion of deportation proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien's release from incarceration for the underlying aggravated felony.
(B) Nothing in this section shall be construed as requiring the Attorney General to effect the deportation of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined.
(4) Review
(A) The Attorney General shall review and evaluate deportation proceedings conducted under this section.
(B) The Comptroller General shall monitor, review, and evaluate deportation proceedings conducted under this section. Within 18 months after the effective date of this section, the Comptroller General shall submit a report to such Committees concerning the extent to which deportation proceedings conducted under this section may adversely affect the ability of such aliens to contest deportation effectively.
(b) Deportation of aliens who are not permanent residents
(1) The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under
(2) An alien is described in this paragraph if the alien—
(A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; and
(B) is not eligible for any relief from deportation under this chapter.
(3) The Attorney General may not execute any order described in paragraph (1) until 30 calendar days have passed from the date that such order was issued, unless waived by the alien, in order that the alien has an opportunity to apply for judicial review under
(4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the Attorney General shall prescribe. The Attorney General shall provide that—
(A) the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C);
(B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proccedings, as the alien shall choose;
(C) the alien has a reasonable opportunity to inspect the evidence and rebut the charges;
(D) a record is maintained for judicial review; and
(E) the final order of deportation is not adjudicated by the same person who issues the charges.
(c) Repealed. Pub. L. 103–322, title XIII, §130004(c)(4), Sept. 13, 1994, 108 Stat. 2028
(d) Judicial deportation
(1) Authority
Notwithstanding any other provision of this chapter, a United States district court shall have jurisdiction to enter a judicial order of deportation at the time of sentencing against an alien whose criminal conviction causes such alien to be deportable under
(2) Procedure
(A) The United States Attorney shall file with the United States district court, and serve upon the defendant and the Service, prior to commencement of the trial or entry of a guilty plea a notice of intent to request judicial deportation.
(B) Notwithstanding
(C) If the court determines that the defendant has presented substantial evidence to establish prima facie eligibility for relief from deportation under this chapter, the Commissioner shall provide the court with a recommendation and report regarding the alien's eligibility for relief. The court shall either grant or deny the relief sought.
(D)(i) The alien shall have a reasonable opportunity to examine the evidence against him or her, to present evidence on his or her own behalf, and to cross-examine witnesses presented by the Government.
(ii) The court, for the purposes of determining whether to enter an order described in paragraph (1), shall only consider evidence that would be admissible in proceedings conducted pursuant to
(iii) Nothing in this subsection shall limit the information a court of the United States may receive or consider for the purposes of imposing an appropriate sentence.
(iv) The court may order the alien deported if the Attorney General demonstrates that the alien is deportable under this chapter.
(3) Notice, appeal, and execution of judicial order of deportation
(A)(i) A judicial order of deportation or denial of such order may be appealed by either party to the court of appeals for the circuit in which the district court is located.
(ii) Except as provided in clause (iii), such appeal shall be considered consistent with the requirements described in
(iii) Upon execution by the defendant of a valid waiver of the right to appeal the conviction on which the order of deportation is based, the expiration of the period described in
(B) As soon as is practicable after entry of a judicial order of deportation, the Commissioner shall provide the defendant with written notice of the order of deportation, which shall designate the defendant's country of choice for deportation and any alternate country pursuant to
(4) Denial of judicial order
Denial without a decision on the merits of a request for a judicial order of deportation shall not preclude the Attorney General from initiating deportation proceedings pursuant to
(June 27, 1952, ch. 477, title II, ch. 5, §242A, as added Nov. 18, 1988,
Amendments
1994—
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (b).
Subsec. (b)(4)(D), (E).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1991—Subsec. (a).
1990—Subsec. (d)(2).
Effective Date of 1994 Amendments
Amendment by section 224(a) of
Amendment by
Effective Date of 1990 Amendment
Section 506(b) of
Effective Date
Section 7347(c) of
Section Referred to in Other Sections
This section is referred to in
§1252b. Deportation procedures
(a) Notices
(1) Order to show cause
In deportation proceedings under
(A) The nature of the proceedings against the alien.
(B) The legal authority under which the proceedings are conducted.
(C) The acts or conduct alleged to be in violation of law.
(D) The charges against the alien and the statutory provisions alleged to have been violated.
(E) The alien may be represented by counsel and the alien will be provided a list of counsel prepared under subsection (b)(2) of this section.
(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted respecting proceedings under
(ii) The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number.
(iii) The consequences under subsection (c)(2) of this section of failure to provide address and telephone information pursuant to this subparagraph.
(2) Notice of time and place of proceedings
In deportation proceedings under
(A) written notice shall be given in person to the alien (or, if personal service is not practicable, written notice shall be given by certified mail to the alien or to the alien's counsel of record, if any), in the order to show cause or otherwise, of—
(i) the time and place at which the proceedings will be held, and
(ii) the consequences under subsection (c) of this section of the failure, except under exceptional circumstances, to appear at such proceedings; and
(B) in the case of any change or postponement in the time and place of such proceedings, written notice shall be given in person to the alien (or, if personal service is not practicable, written notice shall be given by certified mail to the alien or to the alien's counsel of record, if any) of—
(i) the new time or place of the proceedings, and
(ii) the consequences under subsection (c) of this section of failing, except under exceptional circumstances, to attend such proceedings.
In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under subsection (a)(1)(F) of this section.
(3) Form of information
Each order to show cause or other notice under this subsection—
(A) shall be in English and Spanish, and
(B) shall specify that the alien may be represented by an attorney in deportation proceedings under
(4) Central address files
The Attorney General shall create a system to record and preserve on a timely basis notices of addresses and telephone numbers (and changes) provided under paragraph (1)(F).
(b) Securing of counsel
(1) In general
In order that an alien be permitted the opportunity to secure counsel before the first hearing date in proceedings under
(2) Current lists of counsel
The Attorney General shall provide for lists (updated not less often than quarterly) of persons who have indicated their availability to represent pro bono aliens in proceedings under
(c) Consequences of failure to appear
(1) In general
Any alien who, after written notice required under subsection (a)(2) of this section has been provided to the alien or the alien's counsel of record, does not attend a proceeding under
(2) No notice if failure to provide address information
No written notice shall be required under paragraph (1) if the alien has failed to provide the address required under subsection (a)(1)(F) of this section.
(3) Rescission of order
Such an order may be rescinded only—
(A) upon a motion to reopen filed within 180 days after the date of the order of deportation if the alien demonstrates that the failure to appear was because of exceptional circumstances (as defined in subsection (f)(2) of this section), or
(B) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with subsection (a)(2) of this section or the alien demonstrates that the alien was in Federal or State custody and did not appear through no fault of the alien.
The filing of the motion to reopen described in subparagraph (A) or (B) shall stay the deportation of the alien pending disposition of the motion.
(4) Effect on judicial review
Any petition for review under
(d) Treatment of frivolous behavior
The Attorney General shall, by regulation—
(1) define in a proceeding before a special inquiry officer or before an appellate administrative body under this subchapter, frivolous behavior for which attorneys may be sanctioned,
(2) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and
(3) impose appropriate sanctions (which may include suspension and disbarment) in the case of frivolous behavior.
Nothing in this subsection shall be construed as limiting the authority of the Attorney General to take actions with respect to inappropriate behavior.
(e) Limitation on discretionary relief for failure to appear
(1) At deportation proceedings
Any alien against whom a final order of deportation is entered in absentia under this section and who, at the time of the notice described in subsection (a)(2) of this section, was provided oral notice, either in the alien's native language or in another language the alien understands, of the time and place of the proceedings and of the consequences under this paragraph of failing, other than because of exceptional circumstances (as defined in subsection (f)(2) of this section) to attend a proceeding under
(2) Voluntary departure
(A) In general
Subject to subparagraph (B), any alien allowed to depart voluntarily under
(B) Written and oral notice required
Subparagraph (A) shall not apply to an alien allowed to depart voluntarily unless, before such departure, the Attorney General has provided written notice to the alien in English and Spanish and oral notice either in the alien's native language or in another language the alien understands of the consequences under subparagraph (A) of the alien's remaining in the United States after the scheduled date of departure, other than because of exceptional circumstances.
(3) Failure to appear under deportation order
(A) In general
Subject to subparagraph (B), any alien against whom a final order of deportation is entered under this section and who fails, other than because of exceptional circumstances, to appear for deportation at the time and place ordered shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date the alien was required to appear for deportation.
(B) Written and oral notice required
Subparagraph (A) shall not apply to an alien against whom a deportation order is entered unless the Attorney General has provided, orally in the alien's native language or in another language the alien understands and in the final order of deportation under this section of the consequences under subparagraph (A) of the alien's failure, other than because of exceptional circumstances, to appear for deportation at the time and place ordered.
(4) Failure to appear for asylum hearing
(A) In general
Subject to subparagraph (B), any alien—
(i) whose period of authorized stay (if any) has expired through the passage of time,
(ii) who has filed an application for asylum, and
(iii) who fails, other than because of exceptional circumstances, to appear at the time and place specified for the asylum hearing,
shall not be eligible for relief described in paragraph (5) for a period of 5 years after the date of the asylum hearing.
(B) Written and oral notice required
Subparagraph (A) shall not apply in the case of an alien with respect to a failure to be present at a hearing unless—
(i) written notice in English and Spanish, and oral notice either in the alien's native language or in another language the alien understands, was provided to the alien of the time and place at which the asylum hearing will be held, and in the case of any change or postponement in such time or place, written notice in English and Spanish, and oral notice either in the alien's native language or in another language the alien understands, was provided to the alien of the new time or place of the hearing; and
(ii) notices under clause (i) specified the consequences under subparagraph (A) of failing, other than because of exceptional circumstances, to attend such hearing.
(5) Relief covered
The relief described in this paragraph is—
(A) voluntary departure under
(B) suspension of deportation or voluntary departure under
(C) adjustment or change of status under
(f) Definitions
In this section:
(1) The term "certified mail" means certified mail, return receipt requested.
(2) The term "exceptional circumstances" refers to exceptional circumstances (such as serious illness of the alien or death of an immediate relative of the alien, but not including less compelling circumstances) beyond the control of the alien.
(June 27, 1952, ch. 477, title II, ch. 5, §242B, as added Nov. 29, 1990,
Amendments
1994—Subsec. (c)(1).
1991—Subsec. (a)(1)(E).
Subsec. (a)(2).
Subsec. (a)(2)(A)(ii).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e)(4)(B).
Subsec. (e)(5).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section 545(g) of
"(1)
"(A) Subsections (a), (b), (c), and (e)(1) of section 242B of the Immigration and Nationality Act [
"(B) The Attorney General shall certify to the Congress when the central address file system (described in section 242B(a)(4) of the Immigration and Nationality Act) has been established.
"(C) The Comptroller General shall submit to Congress, within 3 months after the date of the Attorney General's certification under subparagraph (B), a report on the adequacy of such system.
"(2)
"(3)
"(4)
Section Referred to in Other Sections
This section is referred to in
§1253. Countries to which aliens shall be deported
(a) Acceptance by designated country; deportation upon nonacceptance by country
The deportation of an alien in the United States provided for in this chapter, or any other Act or treaty, shall be directed by the Attorney General to a country promptly designated by the alien if that country is willing to accept him into its territory, unless the Attorney General, in his discretion, concludes that deportation to such country would be prejudicial to the interests of the United States. No alien shall be permitted to make more than one such designation, nor shall any alien designate, as the place to which he wishes to be deported, any foreign territory contiguous to the United States or any island adjacent thereto or adjacent to the United States unless such alien is a native, citizen, subject, or national of, or had a residence in such designated foreign contiguous territory or adjacent island. If the government of the country designated by the alien fails finally to advise the Attorney General within three months following original inquiry whether that government will or will not accept such alien into its territory, such designation may thereafter be disregarded. Thereupon deportation of such alien shall be directed to any country of which such alien is a subject, national, or citizen if such country is willing to accept him into its territory. If the government of such country fails finally to advise the Attorney General or the alien within three months following the date of original inquiry, or within such other period as the Attorney General shall deem reasonable under the circumstances in a particular case, whether that government will or will not accept such alien into its territory, then such deportation shall be directed by the Attorney General within his discretion and without necessarily giving any priority or preference because of their order as herein set forth either—
(1) to the country from which such alien last entered the United States;
(2) to the country in which is located the foreign port at which such alien embarked for the United States or for foreign contiguous territory;
(3) to the country in which he was born;
(4) to the country in which the place of his birth is situated at the time he is ordered deported;
(5) to any country in which he resided prior to entering the country from which he entered the United States;
(6) to the country which had sovereignty over the birthplace of the alien at the time of his birth; or
(7) if deportation to any of the foregoing places or countries is impracticable, inadvisable, or impossible, then to any country which is willing to accept such alien into its territory.
(b) Deportation during war
If the United States is at war and the deportation, in accordance with the provisions of subsection (a) of this section, of any alien who is deportable under any law of the United States shall be found by the Attorney General to be impracticable, inadvisable, inconvenient, or impossible because of enemy occupation of the country from which such alien came or wherein is located the foreign port at which he embarked for the United States or because of reasons connected with the war, such alien may, in the discretion of the Attorney General, be deported as follows:
(1) if such alien is a citizen or subject of a country whose recognized government is in exile, to the country in which is located that government in exile if that country will permit him to enter its territory; or
(2) if such alien is a citizen or subject of a country whose recognized government is not in exile, then to a country or any political or territorial subdivision thereof which is proximate to the country of which the alien is a citizen or subject, or, with the consent of the country of which the alien is a citizen or subject, to any other country.
(c) Payment of deportation costs; within five years
If deportation proceedings are instituted at any time within five years after the entry of the alien for causes existing prior to or at the time of entry, the cost of removal to the port of deportation shall be at the expense of the appropriation for the enforcement of this chapter, and the deportation from such port shall be at the expense of the owner or owners of the vessels, aircraft, or other transportation lines by which such alien came to the United States, or if in the opinion of the Attorney General that is not practicable, at the expense of the appropriation for the enforcement of this chapter: Provided, That the costs of the deportation of any such alien from such port shall not be assessed against the owner or owners of the vessels, aircraft, or other transportation lines in the case of any alien who arrived in possession of a valid unexpired immigrant visa and who was inspected and admitted to the United States for permanent residence. In the case of an alien crewman, if deportation proceedings are instituted at any time within five years after the granting of the last conditional permit to land temporarily under the provisions of
(d) Cost of deportation, subsequent to five years
If deportation proceedings are instituted later than five years after the entry of the alien, or in the case of an alien crewman later than five years after the granting of the last conditional permit to land temporarily, the cost thereof shall be payable from the appropriation for the enforcement of this chapter.
(e) Refusal to transport or to pay
A failure or refusal on the part of the master, commanding officer, agent, owner, charterer, or consignee of a vessel, aircraft, or other transportation line to comply with the order of the Attorney General to take on board, guard safely, and transport to the destination specified any alien ordered to be deported under the provisions of this chapter, or a failure or refusal by any such person to comply with an order of the Attorney General to pay deportation expenses in accordance with the requirements of this section, shall be punished by the imposition of a penalty in the sum and manner prescribed in
(f) Payment of expenses of physically incapable deportees
When in the opinion of the Attorney General the mental or physical condition of an alien being deported is such as to require personal care and attendance, the Attorney General shall, when necessary, employ a suitable person for that purpose who shall accompany such alien to his final destination, and the expense incident to such service shall be defrayed in the same manner as the expense of deporting the accompanied alien is defrayed, and any failure or refusal to defray such expenses shall be punished in the manner prescribed by subsection (e) of this section.
(g) Countries delaying acceptance of deportees
Upon the notification by the Attorney General that any country upon request denies or unduly delays acceptance of the return of any alien who is a national, citizen, subject, or resident thereof, the Secretary of State shall instruct consular officers performing their duties in the territory of such country to discontinue the issuance of immigrant visas to nationals, citizens, subjects, or residents of such country, until such time as the Attorney General shall inform the Secretary of State that such country has accepted such alien.
(h) Withholding of deportation or return
(1) The Attorney General shall not deport or return any alien (other than an alien described in
(2) Paragraph (1) shall not apply to any alien if the Attorney General determines that—
(A) the alien 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;
(B) the alien, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States;
(C) there are serious reasons for considering that the alien has committed a serious nonpolitical crime outside the United States prior to the arrival of the alien in the United States; or
(D) there are reasonable grounds for regarding the alien as a danger to the security of the United States.
For purposes of subparagraph (B), an alien who has been convicted of an aggravated felony shall be considered to have committed a particularly serious crime.
(June 27, 1952, ch. 477, title II, ch. 5, §243,
Amendments
1990—Subsec. (h)(1).
Subsec. (h)(2).
1981—Subsec. (a).
1980—Subsec. (h).
1978—Subsec. (h).
1965—Subsec. (h).
Effective Date of 1990 Amendment
Amendment by section 515(a)(2) of
Amendment by section 603(b)(3) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Sense of Congress Respecting Treatment of Cuban Political Prisoners
Cross References
Definition of the term—
Adjacent islands,
Alien, see
Attorney General, see
Consular officer, see
Crewman, see
Immigrant visa, see
National, see
Permanent, see
Residence, see
United States, see
Peace Corps programs, deportation of foreign participants pursuant to provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
§1254. Suspension of deportation
(a) Adjustment of status for permanent residence; contents
As hereinafter prescribed in this section, the Attorney General may, in his discretion, suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence, in the case of an alien (other than an alien described in
(1) is deportable under any law of the United States except the provisions specified in paragraph (2) of this subsection; has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character; and is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence;
(2) is deportable under paragraph (2), (3), or (4) of
(3) is deportable under any law of the United States except
(b) Continuous physical presence: inapplicability based on service in Armed Forces; brief, casual, and innocent absences
(1) The requirement of continuous physical presence in the United States specified in paragraphs (1) and (2) of subsection (a) of this section shall not be applicable to an alien who (A) has served for a minimum period of twenty-four months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and (B) at the time of his enlistment or induction was in the United States.
(2) An alien shall not be considered to have failed to maintain continuous physical presence in the United States under paragraphs (1) and (2) of subsection (a) of this section if the absence from the United States was brief, casual, and innocent and did not meaningfully interrupt the continuous physical presence.
(c) Fulfillment of requirements of subsection (a)
Upon application by any alien who is found by the Attorney General to meet the requirements of subsection (a) of this section the Attorney General may in his discretion suspend deportation of such alien.
(d) Record of cancellation of deportation
Upon the cancellation of deportation in the case of any alien under this section, the Attorney General shall record the alien's lawful admission for permanent residence as of the date the cancellation of deportation of such alien is made.
(e) Voluntary departure
(1) Except as provided in paragraph (2), the Attorney General may, in his discretion, permit any alien under deportation proceedings, other than an alien within the provisions of paragraph (2), (3), or (4) of
(2) The authority contained in paragraph (1) shall not apply to any alien who is deportable because of a conviction for an aggravated felony.
(f) Alien crewmen; nonimmigrant exchange aliens admitted to receive graduate medical education or training; other
The provisions of subsection (a) of this section shall not apply to an alien who—
(1) entered the United States as a crewman subsequent to June 30, 1964;
(2) was admitted to the United States as a nonimmigrant exchange alien as defined in
(3)(A) was admitted to the United States as a nonimmigrant exchange alien as defined in
(g) Consideration of evidence
In acting on applications under subsection (a)(3) of this section, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 5, §244,
Amendments
1994—Subsec. (a)(3).
Subsec. (g).
1991—Subsec. (e)(1).
1990—Subsec. (a).
Subsec. (a)(2).
Subsec. (d).
Subsec. (e)(1).
1988—Subsecs. (b), (c).
Subsec. (e).
1986—Subsec. (b).
Subsec. (c).
"(2) In the case of an alien specified in paragraph (1) of subsection (a) of this section—
if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of such deportation, the Attorney General shall thereupon deport such alien or authorize the alien's voluntary departure at his own expense under the order of deportation in the manner provided by law. If, within the time above specified, neither the Senate nor the House of Representatives shall pass such a resolution, the Attorney General shall cancel deportation proceedings.
"(3) In the case of an alien specified in paragraph (2) of subsection (a) of this section—
if during the session of the Congress at which a case is reported, or prior to the close of the session of the Congress next following the session at which a case is reported, the Congress passes a concurrent resolution stating in substance that it favors the suspension of such deportation, the Attorney General shall cancel deportation proceedings. If within the time above specified the Congress does not pass such a concurrent resolution, or if either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the suspension of the deportation of such alien, the Attorney General shall thereupon deport such alien in the manner provided by law."
1981—Subsec. (a).
Subsec. (d).
Subsec. (f).
1980—Subsec. (d).
1978—Subsec. (e).
1976—Subsec. (d).
1965—Subsec. (d).
Subsec. (f).
1962—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Effective Date of 1991 Amendment
Section 307(m) of
Effective Date of 1990 Amendment
Amendment by section 162(e)(2) of
Amendment by section 603(b)(3) and (4) of
Effective Date of 1988 Amendments
Amendment by section 7343(b) of
Amendment by
Effective Date of 1986 Amendment
Section 315(e) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Cross References
Definition of the term—
Adjacent islands, see
Alien, see
Attorney General, see
Child, as used in subchapter III of this chapter, see
Child, as used in this subchapter and subchapter I of this chapter, see
Entry, see
Immigrant visa, see
Parent, as used in subchapter III of this chapter, see
Parent, as used in this subchapter and subchapter I of this chapter, see
Person of good moral character, see
Special immigrant, see
Spouse, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1254a. Temporary protected status
(a) Granting of status
(1) In general
In the case of an alien who is a national of a foreign state designated under subsection (b) of this section (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state) and who meets the requirements of subsection (c) of this section, the Attorney General, in accordance with this section—
(A) may grant the alien temporary protected status in the United States and shall not deport the alien from the United States during the period in which such status is in effect, and
(B) shall authorize the alien to engage in employment in the United States and provide the alien with an "employment authorized" endorsement or other appropriate work permit.
(2) Duration of work authorization
Work authorization provided under this section shall be effective throughout the period the alien is in temporary protected status under this section.
(3) Notice
(A) Upon the granting of temporary protected status under this section, the Attorney General shall provide the alien with information concerning such status under this section.
(B) If, at the time of initiation of a deportation proceeding against an alien, the foreign state (of which the alien is a national) is designated under subsection (b) of this section, the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section.
(C) If, at the time of designation of a foreign state under subsection (b) of this section, an alien (who is a national of such state) is in a deportation proceeding under this subchapter, the Attorney General shall promptly notify the alien of the temporary protected status that may be available under this section.
(D) Notices under this paragraph shall be provided in a form and language that the alien can understand.
(4) Temporary treatment for eligible aliens
(A) In the case of an alien who can establish a prima facie case of eligibility for benefits under paragraph (1), but for the fact that the period of registration under subsection (c)(1)(A)(iv) of this section has not begun, until the alien has had a reasonable opportunity to register during the first 30 days of such period, the Attorney General shall provide for the benefits of paragraph (1).
(B) In the case of an alien who establishes a prima facie case of eligibility for benefits under paragraph (1), until a final determination with respect to the alien's eligibility for such benefits under paragraph (1) has been made, the alien shall be provided such benefits.
(5) Clarification
Nothing in this section shall be construed as authorizing the Attorney General to deny temporary protected status to an alien based on the alien's immigration status or to require any alien, as a condition of being granted such status, either to relinquish nonimmigrant or other status the alien may have or to execute any waiver of other rights under this chapter. The granting of temporary protected status under this section shall not be considered to be inconsistent with the granting of nonimmigrant status under this chapter.
(b) Designations
(1) In general
The Attorney General, after consultation with appropriate agencies of the Government, may designate any foreign state (or any part of such foreign state) under this subsection only if—
(A) the Attorney General finds that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state to that state (or to the part of the state) would pose a serious threat to their personal safety;
(B) the Attorney General finds that—
(i) there has been an earthquake, flood, drought, epidemic, or other environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected,
(ii) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state, and
(iii) the foreign state officially has requested designation under this subparagraph; or
(C) the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, unless the Attorney General finds that permitting the aliens to remain temporarily in the United States is contrary to the national interest of the United States.
A designation of a foreign state (or part of such foreign state) under this paragraph shall not become effective unless notice of the designation (including a statement of the findings under this paragraph and the effective date of the designation) is published in the Federal Register. In such notice, the Attorney General shall also state an estimate of the number of nationals of the foreign state designated who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section and their immigration status in the United States.
(2) Effective period of designation for foreign states
The designation of a foreign state (or part of such foreign state) under paragraph (1) shall—
(A) take effect upon the date of publication of the designation under such paragraph, or such later date as the Attorney General may specify in the notice published under such paragraph, and
(B) shall remain in effect until the effective date of the termination of the designation under paragraph (3)(B).
For purposes of this section, the initial period of designation of a foreign state (or part thereof) under paragraph (1) is the period, specified by the Attorney General, of not less than 6 months and not more than 18 months.
(3) Periodic review, terminations, and extensions of designations
(A) Periodic review
At least 60 days before end of the initial period of designation, and any extended period of designation, of a foreign state (or part thereof) under this section the Attorney General, after consultation with appropriate agencies of the Government, shall review the conditions in the foreign state (or part of such foreign state) for which a designation is in effect under this subsection and shall determine whether the conditions for such designation under this subsection continue to be met. The Attorney General shall provide on a timely basis for the publication of notice of each such determination (including the basis for the determination, and, in the case of an affirmative determination, the period of extension of designation under subparagraph (C)) in the Federal Register.
(B) Termination of designation
If the Attorney General determines under subparagraph (A) that a foreign state (or part of such foreign state) no longer continues to meet the conditions for designation under paragraph (1), the Attorney General shall terminate the designation by publishing notice in the Federal Register of the determination under this subparagraph (including the basis for the determination). Such termination is effective in accordance with subsection (d)(3) of this section, but shall not be effective earlier than 60 days after the date the notice is published or, if later, the expiration of the most recent previous extension under subparagraph (C).
(C) Extension of designation
If the Attorney General does not determine under subparagraph (A) that a foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1), the period of designation of the foreign state is extended for an additional period of 6 months (or, in the discretion of the Attorney General, a period of 12 or 18 months).
(4) Information concerning protected status at time of designations
At the time of a designation of a foreign state under this subsection, the Attorney General shall make available information respecting the temporary protected status made available to aliens who are nationals of such designated foreign state.
(5) Review
(A) Designations
There is no judicial review of any determination of the Attorney General with respect to the designation, or termination or extension of a designation, of a foreign state under this subsection.
(B) Application to individuals
The Attorney General shall establish an administrative procedure for the review of the denial of benefits to aliens under this subsection. Such procedure shall not prevent an alien from asserting protection under this section in deportation proceedings if the alien demonstrates that the alien is a national of a state designated under paragraph (1).
(c) Aliens eligible for temporary protected status
(1) In general
(A) Nationals of designated foreign states
Subject to paragraph (3), an alien, who is a national of a state designated under subsection (b)(1) of this section (or in the case of an alien having no nationality, is a person who last habitually resided in such designated state), meets the requirements of this paragraph only if—
(i) the alien has been continuously physically present in the United States since the effective date of the most recent designation of that state;
(ii) the alien has continuously resided in the United States since such date as the Attorney General may designate;
(iii) the alien is admissible as an immigrant, except as otherwise provided under paragraph (2)(A), and is not ineligible for temporary protected status under paragraph (2)(B); and
(iv) to the extent and in a manner which the Attorney General establishes, the alien registers for the temporary protected status under this section during a registration period of not less than 180 days.
(B) Registration fee
The Attorney General may require payment of a reasonable fee as a condition of registering an alien under subparagraph (A)(iv) (including providing an alien with an "employment authorized" endorsement or other appropriate work permit under this section). The amount of any such fee shall not exceed $50. In the case of aliens registered pursuant to a designation under this section made after July 17, 1991, the Attorney General may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding
(2) Eligibility standards
(A) Waiver of certain grounds for inadmissibility
In the determination of an alien's admissibility for purposes of subparagraph (A)(iii) of paragraph (1)—
(i) the provisions of paragraphs (5) and (7)(A) of
(ii) except as provided in clause (iii), the Attorney General may waive any other provision of
(iii) the Attorney General may not waive—
(I) paragraphs (2)(A) and (2)(B) (relating to criminals) of such section,
(II) paragraph (2)(C) of such section (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana, or
(III) paragraphs (3)(A), (3)(B), (3)(C), and (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).
(B) Aliens ineligible
An alien shall not be eligible for temporary protected status under this section if the Attorney General finds that—
(i) the alien has been convicted of any felony or 2 or more misdemeanors committed in the United States, or
(ii) the alien is described in
(3) Withdrawal of temporary protected status
The Attorney General shall withdraw temporary protected status granted to an alien under this section if—
(A) the Attorney General finds that the alien was not in fact eligible for such status under this section,
(B) except as provided in paragraph (4) and permitted in subsection (f)(3) of this section, the alien has not remained continuously physically present in the United States from the date the alien first was granted temporary protected status under this section, or
(C) the alien fails, without good cause, to register with the Attorney General annually, at the end of each 12-month period after the granting of such status, in a form and manner specified by the Attorney General.
(4) Treatment of brief, casual, and innocent departures and certain other absences
(A) For purposes of paragraphs (1)(A)(i) and (3)(B), an alien shall not be considered to have failed to maintain continuous physical presence in the United States by virtue of brief, casual, and innocent absences from the United States, without regard to whether such absences were authorized by the Attorney General.
(B) For purposes of paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous residence in the United States by reason of a brief, casual, and innocent absence described in subparagraph (A) or due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.
(5) Construction
Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for temporary protected status under this section.
(6) Confidentiality of information
The Attorney General shall establish procedures to protect the confidentiality of information provided by aliens under this section.
(d) Documentation
(1) Initial issuance
Upon the granting of temporary protected status to an alien under this section, the Attorney General shall provide for the issuance of such temporary documentation and authorization as may be necessary to carry out the purposes of this section.
(2) Period of validity
Subject to paragraph (3), such documentation shall be valid during the initial period of designation of the foreign state (or part thereof) involved and any extension of such period. The Attorney General may stagger the periods of validity of the documentation and authorization in order to provide for an orderly renewal of such documentation and authorization and for an orderly transition (under paragraph (3)) upon the termination of a designation of a foreign state (or any part of such foreign state).
(3) Effective date of terminations
If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B) of this section, such termination shall only apply to documentation and authorization issued or renewed after the effective date of the publication of notice of the determination under that subsection (or, at the Attorney General's option, after such period after the effective date of the determination as the Attorney General determines to be appropriate in order to provide for an orderly transition).
(4) Detention of alien
An alien provided temporary protected status under this section shall not be detained by the Attorney General on the basis of the alien's immigration status in the United States.
(e) Relation of period of temporary protected status to suspension of deportation
With respect to an alien granted temporary protected status under this section, the period of such status shall not be counted as a period of physical presence in the United States for purposes of
(f) Benefits and status during period of temporary protected status
During a period in which an alien is granted temporary protected status under this section—
(1) the alien shall not be considered to be permanently residing in the United States under color of law;
(2) the alien may be deemed ineligible for public assistance by a State (as defined in
(3) the alien may travel abroad with the prior consent of the Attorney General; and
(4) for purposes of adjustment of status under
(g) Exclusive remedy
Except as otherwise specifically provided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality.
(h) Limitation on consideration in Senate of legislation adjusting status
(1) In general
Except as provided in paragraph (2), it shall not be in order in the Senate to consider any bill, resolution, or amendment that—
(A) provides for adjustment to lawful temporary or permanent resident alien status for any alien receiving temporary protected status under this section, or
(B) has the effect of amending this subsection or limiting the application of this subsection.
(2) Supermajority required
Paragraph (1) may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate duly chosen and sworn shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1).
(3) Rules
Paragraphs (1) and (2) are enacted—
(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the matters described in paragraph (1) and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate.
(i) Annual report and review
(1) Annual report
Not later than March 1 of each year (beginning with 1992), the Attorney General, after consultation with the appropriate agencies of the Government, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the operation of this section during the previous year. Each report shall include—
(A) a listing of the foreign states or parts thereof designated under this section,
(B) the number of nationals of each such state who have been granted temporary protected status under this section and their immigration status before being granted such status, and
(C) an explanation of the reasons why foreign states or parts thereof were designated under subsection (b)(1) of this section and, with respect to foreign states or parts thereof previously designated, why the designation was terminated or extended under subsection (b)(3) of this section.
(2) Committee report
No later than 180 days after the date of receipt of such a report, the Committee on the Judiciary of each House of Congress shall report to its respective House such oversight findings and legislation as it deems appropriate.
(June 27, 1952, ch. 477, title II, ch. 5, §244A, as added and amended Nov. 29, 1990,
Amendments
1994—Subsec. (c)(1)(B).
Subsec. (c)(2)(A)(iii)(III).
1991—Subsec. (a)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (c)(2)(A)(iii)(I).
Subsec. (c)(2)(A)(iii)(III).
1990—Subsec. (c)(2)(A)(i).
Subsec. (c)(2)(A)(iii)(I).
Subsec. (c)(2)(A)(iii)(II).
Subsec. (c)(2)(A)(iii)(III).
Subsec. (c)(2)(A)(iii)(IV).
Effective Date of 1994 Amendment
Amendment by section 219(j) of
Section 219(z) of
Effective Date of 1991 Amendment
Amendment by section 304(b) of
Section 307(l) of
Effective Date of 1990 Amendment
Amendment by section 603(a)(24) of
Aliens Authorized To Travel Abroad Temporarily
Section 304(c) of
"(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization—
"(A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if—
"(i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990 [
"(ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244A(c)(2)(A)(iii) of the Immigration and Nationality Act [
"(B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 244(a) of the Immigration and Nationality Act if the absence meets the requirements of section 244(b)(2) of such Act.
"(2) Aliens described in this paragraph are the following:
"(A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity).
"(B) Aliens provided temporary protected status under section 244A of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990 [
Effect on Executive Order 12711
Section 302(c) of
Special Temporary Protected Status for Salvadorans
Section 303 of
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) the alien has been continuously physically present in the United States since September 19, 1990;
"(B) the alien is admissible as an immigrant, except as otherwise provided under section 244A(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244A(c)(2)(B) of such Act; and
"(C) in a manner which the Attorney General shall establish, the alien registers for temporary protected status under this section during the registration period beginning January 1, 1991, and ending October 31, 1991.
"(2)
"(c)
"(1)
"(2)
"(3) 6-
"(4)
"(d)
"(1)
"(2)
§1255. Adjustment of status of nonimmigrant to that of person admitted for permanent residence
(a) Status as person admitted for permanent residence on application and eligibility for immigrant visa
The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.
(b) Record of lawful admission for permanent residence; reduction of preference visas
Upon the approval of an application for adjustment made under subsection (a) of this section, the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference visas authorized to be issued under
(c) Alien crewmen, aliens continuing or accepting unauthorized employment, and aliens admitted in transit without visa
Subsection (a) of this section shall not be applicable to (1) an alien crewman; (2) an alien (other than an immediate relative as defined in
(d) Alien admitted for permanent residence on conditional basis; fiancee or fiance of citizen
The Attorney General may not adjust, under subsection (a) of this section, the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under
(e) Restriction on adjustment of status based on marriages entered while in exclusion or deportation proceedings; bona fide marriage exception
(1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a) of this section.
(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to enter or remain in the United States.
(3) Paragraph (1) and
(f) Limitation on adjustment of status
The Attorney General may not adjust, under subsection (a) of this section, the status of an alien lawfully admitted to the United States for permanent residence on a conditional basis under
(g) Special immigrants
In applying this section to a special immigrant described in
(h) Application with respect to special immigrants
In applying this section to a special immigrant described in
(1) such an immigrant shall be deemed, for purposes of subsection (a) of this section, to have been paroled into the United States; and
(2) in determining the alien's admissibility as an immigrant—
(A) paragraphs (4), (5)(A), and (7)(A) of
(B) the Attorney General may waive other paragraphs of
The relationship between an alien and the alien's natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or
(i) 1 Adjustment in status of certain aliens physically present in United States
(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who—
(A) entered the United States without inspection; or
(B) is within one of the classes enumerated in subsection (c) of this section,
may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General may accept such application only if the alien remits with such application a sum equalling five times the fee required for the processing of applications under this section as of the date of receipt of the application, but such sum shall not be required from a child under the age of seventeen, or an alien who is the spouse or unmarried child of an individual who obtained temporary or permanent resident status under
(i) as of May 5, 1988, was the unmarried child or spouse of the individual who obtained temporary or permanent resident status under
(ii) entered the United States before May 5, 1988, resided in the United States on May 5, 1988, and is not a lawful permanent resident; and
(iii) applied for benefits under section 301(a) of the Immigration Act of 1990. The sum specified herein shall be in addition to the fee normally required for the processing of an application under this section.
(2) Upon receipt of such an application and the sum hereby required, the Attorney General may adjust the status of the alien to that of an alien lawfully admitted for permanent residence if—
(A) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
(B) an immigrant visa is immediately available to the alien at the time the application is filed.
(3) Sums remitted to the Attorney General pursuant to paragraphs (1) and (2) of this subsection shall be disposed of by the Attorney General as provided in sections 1356(m), (n), and (o) of this title.
(i) 1 Adjustment to permanent resident status
(1) If, in the opinion of the Attorney General—
(A) a nonimmigrant admitted into the United States under
(B) the provision of such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual described in subclause (III) of that section,
the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in
(2) If, in the sole discretion of the Attorney General—
(A) a nonimmigrant admitted into the United States under
(B) the provision of such information has substantially contributed to—
(i) the prevention or frustration of an act of terrorism against a United States person or United States property, or
(ii) the success of an authorized criminal investigation of, or the prosecution of, an individual involved in such an act of terrorism, and
(C) the nonimmigrant has received a reward under
the Attorney General may adjust the status of the alien (and the spouse, married and unmarried sons and daughters, and parents of the alien if admitted under such section) to that of an alien lawfully admitted for permanent residence if the alien is not described in
(3) Upon the approval of adjustment of status under paragraphs 2 (1) or (2), the Attorney General shall record the alien's lawful admission for permanent residence as of the date of such approval and the Secretary of State shall reduce by one the number of visas authorized to be issued under
(June 27, 1952, ch. 477, title II, ch. 5, §245,
Amendment of section
For termination of amendment by section 506(c) of
References in Text
Section 202 of the Immigration Reform and Control Act of 1986, referred to in subsec. (i)(1), is section 202 of
Section 301 of the Immigration Act of 1990, referred to in subsec. (i)(1)(iii), is section 301 of
Amendments
1994—Subsec. (c)(5).
Subsec. (h)(2)(B).
Subsec. (i).
1991—Subsec. (b).
Subsec. (c)(2).
Subsec. (e)(3).
Subsec. (g).
Subsec. (h).
1990—Subsec. (b).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (f).
1988—Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (d).
1986—Subsec. (c).
Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e).
1981—Subsec. (c)(2).
1976—Subsec. (a).
Subsec. (b).
Subsec. (c).
1965—Subsec. (b).
Subsec. (c).
1960—Subsec. (a).
1958—
Effective and Termination Dates of 1994 Amendments
Amendment by
Subsec. (i) of this section, relating to adjustment in status of certain aliens physically present in United States, effective Oct. 1, 1994, and ceases to have effect Oct. 1, 1997, see section 506(c) of
Effective Date of 1991 Amendments
Amendment by section 302(d)(2), (e)(7) of
Section 308(a) of
Amendment by
Effective Date of 1990 Amendment
Amendment by sections 121(b)(4), 162(e)(3) of
Amendment by section 702(a) of
Effective Date of 1988 Amendment
Section 2(f)(2) of
Amendment by section 2(f)(1), (p)(3) of
Amendment by section 7(b) of
Effective Date of 1986 Amendments
Section 3(d)(2) of
Amendment by section 5(a) of
Amendment by section 117 of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Fingerprint Checks
Section 506(d) of
Adjustment of Status of Certain Nationals of People's Republic of China
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Chinese Student Protection Act of 1992'.
"SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA.
"(a)
"(1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act [
"(2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed.
"(3) In determining the alien's admissibility as an immigrant, and the alien's eligibility for an immigrant visa—
"(A) paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act [
"(B) the Attorney General may waive any other provision of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest.
"(4) The numerical level of section 202(a)(2) of such Act [
"(5) Section 245(c) of such Act [
"(b)
"(1) is a national of the People's Republic of China described in section 1 of Executive Order No. 12711 [
"(2) has resided continuously in the United States since April 11, 1990 (other than brief, casual, and innocent absences); and
"(3) was not physically present in the People's Republic of China for longer than 90 days after such date and before the date of the enactment of this Act [Oct. 9, 1992].
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(A) 300 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(3)(A)(i) of such Act [
"(B) 700 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(5) of such Act in that year.
"(3)
"(A)
"(i) beginning with the fiscal year in which the application period begins; and
"(ii) ending with the first fiscal year by the end of which the cumulative number of aliens counted for all fiscal years under subparagraph (B) equals or exceeds the total number of aliens whose status has been adjusted under section 245 of the Immigration and Nationality Act [
"(B)
"(e)
Adjustment of Status for Certain H–1 Nonimmigrant Nurses
"(a)
"(1) who, as of September 1, 1989, has the status of a nonimmigrant under paragraph (15)(H)(i) of section 101(a) of such Act [
"(2) who, for at least 3 years before the date of application for adjustment of status (whether or not before, on, or after, the date of the enactment of this Act [Dec. 18, 1989]), has been employed as a registered nurse in the United States, and
"(3) whose continued employment as a registered nurse in the United States meets the standards established for the certification described in section 212(a)(5)(A) of such Act [
The Attorney General shall promulgate regulations to carry out this subsection by not later than 90 days after the date of the enactment of this Act.
"(b)
"(c)
"(d)
[Section 302(e)(10) of
[Section 307(l) of
Adjustment of Status for Certain Soviet and Indochinese Parolees
"(a)
"(1) applies for such adjustment,
"(2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed,
"(3) is admissible to the United States as an immigrant, except as provided in subsection (c), and
"(4) pays a fee (determined by the Attorney General) for the processing of such application.
"(b)
"(1) was a national of an independent state of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia, and
"(2) was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 1996, after being denied refugee status.
"(c)
"(d)
"(e)
[Section 307(l) of
Adjustment of Status of Nonimmigrant Aliens Residing in the Virgin Islands to Permanent Resident Alien Status
"short title and findings
"
"(b) Congress finds—
"(1) that in order to eliminate the uncertainty and insecurity of aliens who—
"(A) legally entered the Virgin Islands of the United States as nonimmigrants for employment under the temporary alien labor program,
"(B) have continued to reside in the Virgin Islands for long periods (some for as long as twenty years), and
"(C) have contributed to the economic, social, and cultural development of the Virgin Islands and have become an integral part of the society of the Virgin Islands,
it is necessary and equitable to provide for the orderly adjustment of their immigration status to that of permanent resident aliens; and
"(2) because—
"(A) the Congress has special responsibility and authority with respect to the territories and the establishment of immigration policy, and
"(B)(i) the Virgin Islands is a small and densely populated insular territory with limited resources,
"(ii) most of the aliens eligible for benefits under section 2 of this Act are natives of islands in the Caribbean and have relatives residing in such islands, and such relatives, if they were permitted to immigrate to the United States, are likely to settle in the Virgin Islands, and
"(iii) the admission of a significant number of these relatives would have a severe and detrimental impact on the limited health, education, housing, and other services available in the Virgin Islands,
there is a necessary and compelling need to prevent a secondary migration of a significant number of such relatives to the Virgin Islands.
"adjustment of immigration status
"
"(1) makes application for such adjustment during the one-year period beginning on the date of the enactment of this Act [Sept. 30, 1982],
"(2) is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except for the grounds of exclusion specified in paragraphs (14), (20), (21), (25), and (32), of section 212(a) of the Immigration and Nationality Act [
"(3) is physically present in the Virgin Islands of the United States at the time of filing such application for adjustment.
If such an alien has filed such an application and is or becomes deportable for failure to maintain nonimmigrant status, the Attorney General shall defer the deportation of the alien until final action is taken on the alien's application for adjustment.
"(b) The benefits provided by subsection (a) apply to any alien who—
"(1) was inspected and admitted to the Virgin Islands of the United States either as a nonimmigrant alien worker under section 101(a)(15)(H)(ii) of the Act [
"(2) has resided continuously in the Virgin Islands of the United States since June 30, 1975.
"(c)(1) The numerical limitations described in sections 201(a) and 202 of the Act [
"(2) The Secretary of State, in his discretion and after consultation with the Secretary of the Interior and the Governor of the Virgin Islands of the United States, may limit the number of immigrant visas that may be issued in any fiscal year to aliens with respect to whom second preference petitions (filed by aliens who have had their status so adjusted) are approved.
"(3) Notwithstanding any other provision of law, no alien shall be eligible to receive an immigrant visa (or to otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence)—
"(A) by virtue of a fourth or fifth preference petition filed by an individual who had his status adjusted under this section unless the individual establishes to the satisfaction of the Attorney General that exceptional and extremely unusual hardship exists for permitting the alien to receive such visa (or otherwise acquire such status); or
"(B) by virtue of a second preference petition filed by an individual who was admitted to the United States as an immigrant by virtue of an immediate relative petition filed by the son or daughter of the individual, if that son or daughter had his or her status adjusted under this section.
"(4) For purposes of this subsection, the terms 'second preference petition', 'fourth preference petition', 'fifth preference petition', and 'immediate relative petition' mean, in the case of an alien, a petition filed under section 204(a) of the Act [
"(d) Except as otherwise specifically provided in this section, the definitions contained in the Act [this chapter] shall apply in the administration of this section. Nothing contained in this Act [this chapter] 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 the Act [this chapter] or any other law relating to immigration, nationality, and 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 him from seeking such status under any other provision of law for which he may be eligible.
"termination of temporary worker program in the virgin islands
"
"impact assessment and report
"
Development of Eligibility Criteria for Admission of Refugees From Cambodia
Indochina Refugees; Adjustment of Status
"
"(1) the alien makes an application for such adjustment within six years after the date of enactment of this title [Oct. 28, 1977];
"(2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except for the grounds for exclusion specified in paragraph (14), (15), (20), (21), (25), and (32) of section 212(a) of the Immigration and Nationality Act [
"(3) the alien has been physically present in the United States for at least one year.
"(b) The benefits provided by subsection (a) shall apply to any alien who is a native or citizen of Vietnam, Laos, or Cambodia and who—
"(1) was paroled into the United States as a refugee from those countries under section 212(d)(5) of the Immigration and Nationality Act [
"(2) was inspected and admitted or paroled into the United States on or before March 31, 1975, and was physically present in the United States on March 31, 1975.
"
"
"
"
"
"
Section 204(b)(1)(C) of
Cuban Refugees: Adjustment of Status
"
"
" '(c) Nothing contained in subsection (b) of this section [amending subsec. (c) of this section] shall be construed to affect the validity of any application for adjustment under section 245 [this section] filed with the Attorney General prior to December 1, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act [
"
Section 204(b)(1)(C) of
Cross References
Definition of alien, Attorney General, immigrant visa, lawfully admitted for permanent residence, nonimmigrant alien, permanent, residence, and United States, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Two subsecs. (i) have been enacted.
2 So in original. Probably should be "paragraph".
§1255a. Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence
(a) Temporary resident status
The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for temporary residence if the alien meets the following requirements:
(1) Timely application
(A) During application period
Except as provided in subparagraph (B), the alien must apply for such adjustment during the 12-month period beginning on a date (not later than 180 days after November 6, 1986) designated by the Attorney General.
(B) Application within 30 days of show-cause order
An alien who, at any time during the first 11 months of the 12-month period described in subparagraph (A), is the subject of an order to show cause issued under
(C) Information included in application
Each application under this subsection shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under
(2) Continuous unlawful residence since 1982
(A) In general
The alien must establish that he entered the United States before January 1, 1982, and that he has resided continuously in the United States in an unlawful status since such date and through the date the application is filed under this subsection.
(B) Nonimmigrants
In the case of an alien who entered the United States as a nonimmigrant before January 1, 1982, the alien must establish that the alien's period of authorized stay as a nonimmigrant expired before such date through the passage of time or the alien's unlawful status was known to the Government as of such date.
(C) Exchange visitors
If the alien was at any time a nonimmigrant exchange alien (as defined in
(3) Continuous physical presence since November 6, 1986
(A) In general
The alien must establish that the alien has been continuously physically present in the United States since November 6, 1986.
(B) Treatment of brief, casual, and innocent absences
An alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of subparagraph (A) by virtue of brief, casual, and innocent absences from the United States.
(C) Admissions
Nothing in this section shall be construed as authorizing an alien to apply for admission to, or to be admitted to, the United States in order to apply for adjustment of status under this subsection.
(4) Admissible as immigrant
The alien must establish that he—
(A) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2) of this section,
(B) has not been convicted of any felony or of three or more misdemeanors committed in the United States,
(C) has not assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political opinion, and
(D) is registered or registering under the Military Selective Service Act [50 App. U.S.C. 451 et seq.], if the alien is required to be so registered under that Act.
For purposes of this subsection, an alien in the status of a Cuban and Haitian entrant described in paragraph (1) or (2)(A) of section 501(e) of
(b) Subsequent adjustment to permanent residence and nature of temporary resident status
(1) Adjustment to permanent residence
The Attorney General shall adjust the status of any alien provided lawful temporary resident status under subsection (a) of this section to that of an alien lawfully admitted for permanent residence if the alien meets the following requirements:
(A) Timely application after one year's residence
The alien must apply for such adjustment during the 2-year period beginning with the nineteenth month that begins after the date the alien was granted such temporary resident status.
(B) Continuous residence
(i) In general
The alien must establish that he has continuously resided in the United States since the date the alien was granted such temporary resident status.
(ii) Treatment of certain absences
An alien shall not be considered to have lost the continuous residence referred to in clause (i) by reason of an absence from the United States permitted under paragraph (3)(A).
(C) Admissible as immigrant
The alien must establish that he—
(i) is admissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2) of this section, and
(ii) has not been convicted of any felony or three or more misdemeanors committed in the United States.
(D) Basic citizenship skills
(i) In general
The alien must demonstrate that he either—
(I) meets the requirements of
(II) is satisfactorily pursuing a course of study (recognized by the Attorney General) to achieve such an understanding of English and such a knowledge and understanding of the history and government of the United States.
(ii) Exception for elderly or developmentally disabled individuals
The Attorney General may, in his discretion, waive all or part of the requirements of clause (i) in the case of an alien who is 65 years of age or older or who is developmentally disabled.
(iii) Relation to naturalization examination
In accordance with regulations of the Attorney General, an alien who has demonstrated under clause (i)(I) that the alien meets the requirements of
(2) Termination of temporary residence
The Attorney General shall provide for termination of temporary resident status granted an alien under subsection (a) of this section—
(A) if it appears to the Attorney General that the alien was in fact not eligible for such status;
(B) if the alien commits an act that (i) makes the alien inadmissible to the United States as an immigrant, except as otherwise provided under subsection (d)(2) of this section, or (ii) is convicted of any felony or three or more misdemeanors committed in the United States; or
(C) at the end of the 43rd first month beginning after the date the alien is granted such status, unless the alien has filed an application for adjustment of such status pursuant to paragraph (1) and such application has not been denied.
(3) Authorized travel and employment during temporary residence
During the period an alien is in lawful temporary resident status granted under subsection (a) of this section—
(A) Authorization of travel abroad
The Attorney General shall, in accordance with regulations, permit the alien to return to the United States after such brief and casual trips abroad as reflect an intention on the part of the alien to adjust to lawful permanent resident status under paragraph (1) and after brief temporary trips abroad occasioned by a family obligation involving an occurrence such as the illness or death of a close relative or other family need.
(B) Authorization of employment
The Attorney General shall grant the alien authorization to engage in employment in the United States and provide to that alien an "employment authorized" endorsement or other appropriate work permit.
(c) Applications for adjustment of status
(1) To whom may be made
The Attorney General shall provide that applications for adjustment of status under subsection (a) of this section may be filed—
(A) with the Attorney General, or
(B) with a qualified designated entity, but only if the applicant consents to the forwarding of the application to the Attorney General.
As used in this section, the term "qualified designated entity" means an organization or person designated under paragraph (2).
(2) Designation of qualified entities to receive applications
For purposes of assisting in the program of legalization provided under this section, the Attorney General—
(A) shall designate qualified voluntary organizations and other qualified State, local, and community organizations, and
(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional long-term involvement in the preparation and submittal of applications for adjustment of status under
(3) Treatment of applications by designated entities
Each qualified designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (1)(B) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General.
(4) Limitation on access to information
Files and records of qualified designated entities relating to an alien's seeking assistance or information with respect to filing an application under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien.
(5) Confidentiality of information
Neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may—
(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (6) or for the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986,
(B) make any publication whereby the information furnished by any particular individual can be identified, or
(C) permit anyone other than the sworn officers and employees of the Department or bureau or agency or, with respect to applications filed with a designated entity, that designated entity, to examine individual applications;
except that the Attorney General may provide, in the Attorney General's discretion, for the furnishing of information furnished under this section in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under
(6) Penalties for false statements in applications
Whoever files an application for adjustment of status under this section and knowingly and willfully falsifies, misrepresents, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
(7) Application fees
(A) Fee schedule
The Attorney General shall provide for a schedule of fees to be charged for the filing of applications for adjustment under subsection (a) or (b)(1) of this section. The Attorney General shall provide for an additional fee for filing an application for adjustment under subsection (b)(1) of this section after the end of the first year of the 2-year period described in subsection (b)(1)(A) of this section.
(B) Use of fees
The Attorney General shall deposit payments received under this paragraph in a separate account and amounts in such account shall be available, without fiscal year limitation, to cover administrative and other expenses incurred in connection with the review of applications filed under this section.
(C) Immigration-related unfair employment practices
Not to exceed $3,000,000 of the unobligated balances remaining in the account established in subparagraph (B) shall be available in fiscal year 1992 and each fiscal year thereafter for grants, contracts, and cooperative agreements to community-based organizations for outreach programs, to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices: Provided, That such amounts shall be in addition to any funds appropriated to the Office of Special Counsel for such purposes: Provided further, That none of the funds made available by this section shall be used by the Office of Special Counsel to establish regional offices.
(d) Waiver of numerical limitations and certain grounds for exclusion
(1) Numerical limitations do not apply
The numerical limitations of
(2) Waiver of grounds for exclusion
In the determination of an alien's admissibility under subsections (a)(4)(A), (b)(1)(C)(i), and (b)(2)(B) of this section—
(A) Grounds of exclusion not applicable
The provisions of paragraphs (5) and (7)(A) of
(B) Waiver of other grounds
(i) In general
Except as provided in clause (ii), the Attorney General may waive any other provision of
(ii) Grounds that may not be waived
The following provisions of
(I) Paragraphs (2)(A) and (2)(B) (relating to criminals).
(II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marihuana.
(III) Paragraph (3) (relating to security and related grounds).
(IV) Paragraph (4) (relating to aliens likely to become public charges) insofar as it relates to an application for adjustment to permanent residence.
Subclause (IV) (prohibiting the waiver of
(iii) Special rule for determination of public charge
An alien is not ineligible for adjustment of status under this section due to being inadmissible under
(C) Medical examination
The alien shall be required, at the alien's expense, to undergo such a medical examination (including a determination of immunization status) as is appropriate and conforms to generally accepted professional standards of medical practice.
(e) Temporary stay of deportation and work authorization for certain applicants
(1) Before application period
The Attorney General shall provide that in the case of an alien who is apprehended before the beginning of the application period described in subsection (a)(1)(A) of this section and who can establish a prima facie case of eligibility to have his status adjusted under subsection (a) of this section (but for the fact that he may not apply for such adjustment until the beginning of such period), until the alien has had the opportunity during the first 30 days of the application period to complete the filing of an application for adjustment, the alien—
(A) may not be deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit.
(2) During application period
The Attorney General shall provide that in the case of an alien who presents a prima facie application for adjustment of status under subsection (a) of this section during the application period, and until a final determination on the application has been made in accordance with this section, the alien—
(A) may not be deported, and
(B) shall be granted authorization to engage in employment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit.
(f) Administrative and judicial review
(1) Administrative and judicial review
There shall be no administrative or judicial review of a determination respecting an application for adjustment of status under this section except in accordance with this subsection.
(2) No review for late filings
No denial of adjustment of status under this section based on a late filing of an application for such adjustment may be reviewed by a court of the United States or of any State or reviewed in any administrative proceeding of the United States Government.
(3) Administrative review
(A) Single level of administrative appellate review
The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of a determination described in paragraph (1).
(B) Standard for review
Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.
(4) Judicial review
(A) Limitation to review of deportation
There shall be judicial review of such a denial only in the judicial review of an order of deportation under
(B) Standard for judicial review
Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.
(g) Implementation of section
(1) Regulations
The Attorney General, after consultation with the Committees on the Judiciary of the House of Representatives and of the Senate, shall prescribe—
(A) regulations establishing a definition of the term "resided continuously", as used in this section, and the evidence needed to establish that an alien has resided continuously in the United States for purposes of this section, and
(B) such other regulations as may be necessary to carry out this section.
(2) Considerations
In prescribing regulations described in paragraph (1)(A)—
(A) Periods of continuous residence
The Attorney General shall specify individual periods, and aggregate periods, of absence from the United States which will be considered to break a period of continuous residence in the United States and shall take into account absences due merely to brief and casual trips abroad.
(B) Absences caused by deportation or advanced parole
The Attorney General shall provide that—
(i) an alien shall not be considered to have resided continuously in the United States, if, during any period for which continuous residence is required, the alien was outside the United States as a result of a departure under an order of deportation, and
(ii) any period of time during which an alien is outside the United States pursuant to the advance parole procedures of the Service shall not be considered as part of the period of time during which an alien is outside the United States for purposes of this section.
(C) Waivers of certain absences
The Attorney General may provide for a waiver, in the discretion of the Attorney General, of the periods specified under subparagraph (A) in the case of an absence from the United States due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien.
(D) Use of certain documentation
The Attorney General shall require that—
(i) continuous residence and physical presence in the United States must be established through documents, together with independent corroboration of the information contained in such documents, and
(ii) the documents provided under clause (i) be employment-related if employment-related documents with respect to the alien are available to the applicant.
(3) Interim final regulations
Regulations prescribed under this section may be prescribed to take effect on an interim final basis if the Attorney General determines that this is necessary in order to implement this section in a timely manner.
(h) Temporary disqualification of newly legalized aliens from receiving certain public welfare assistance
(1) In general
During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a) of this section, and notwithstanding any other provision of law—
(A) except as provided in paragraphs (2) and (3), the alien is not eligible for—
(i) any program of financial assistance furnished under Federal law (whether through grant, loan, guarantee, or otherwise) on the basis of financial need, as such programs are identified by the Attorney General in consultation with other appropriate heads of the various departments and agencies of Government (but in any event including the program of aid to families with dependent children under part A of title IV of the Social Security Act [
(ii) medical assistance under a State plan approved under title XIX of the Social Security Act [
(iii) assistance under the Food Stamp Act of 1977 [
(B) a State or political subdivision therein may, to the extent consistent with subparagraph (A) and paragraphs (2) and (3), provide that the alien is not eligible for the programs of financial assistance or for medical assistance described in subparagraph (A)(ii) furnished under the law of that State or political subdivision.
Unless otherwise specifically provided by this section or other law, an alien in temporary lawful residence status granted under subsection (a) of this section shall not be considered (for purposes of any law of a State or political subdivision providing for a program of financial assistance) to be permanently residing in the United States under color of law.
(2) Exceptions
Paragraph (1) shall not apply—
(A) to a Cuban and Haitian entrant (as defined in paragraph (1) or (2)(A) of section 501(e) of
(B) in the case of assistance (other than aid to families with dependent children) which is furnished to an alien who is an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act [
(3) Restricted medicaid benefits
(A) Clarification of entitlement
Subject to the restrictions under subparagraph (B), for the purpose of providing aliens with eligibility to receive medical assistance—
(i) paragraph (1) shall not apply,
(ii) aliens who would be eligible for medical assistance but for the provisions of paragraph (1) shall be deemed, for purposes of title XIX of the Social Security Act [
(iii) aliens lawfully admitted for temporary residence under this section, such status not having changed, shall be considered to be permanently residing in the United States under color of law.
(B) Restriction of benefits
(i) Limitation to emergency services and services for pregnant women
Notwithstanding any provision of title XIX of the Social Security Act [
(I) emergency services (as defined for purposes of section 1916(a)(2)(D) of the Social Security Act [
(II) services described in section 1916(a)(2)(B) of such Act (relating to service for pregnant women).
(ii) No restriction for exempt aliens and children
The restrictions of clause (i) shall not apply to aliens who are described in paragraph (2) or who are under 18 years of age.
(C) Definition of medical assistance
In this paragraph, the term "medical assistance" refers to medical assistance under a State plan approved under title XIX of the Social Security Act [
(4) Treatment of certain programs
Assistance furnished under any of the following provisions of law shall not be construed to be financial assistance described in paragraph (1)(A)(i):
(A) The National School Lunch Act [
(B) The Child Nutrition Act of 1966 [
(C) The Vocational Education Act of 1963 [
(D) Title I of the Elementary and Secondary Education Act of 1965 [
(E) The Headstart-Follow Through Act [
(F) The Job Training Partnership Act [
(G) Title IV of the Higher Education Act of 1965 [
(H) The Public Health Service Act [
(I) Titles V, XVI, and XX [
(5) Adjustment not affecting Fascell-Stone benefits
For the purpose of section 501 of the Refugee Education Assistance Act of 1980 (
(i) Dissemination of information on legalization program
Beginning not later than the date designated by the Attorney General under subsection (a)(1)(A) of this section, the Attorney General, in cooperation with qualified designated entities, shall broadly disseminate information respecting the benefits which aliens may receive under this section and the requirements to obtain such benefits.
(June 27, 1952, ch. 477, title II, ch. 5, §245A, as added Nov. 6, 1986,
References in Text
The Military Selective Service Act, referred to in subsec. (a)(4)(D), is act June 24, 1948, ch. 625,
Section 404 of the Immigration Reform and Control Act of 1986, referred to in subsec. (c)(5)(A), is section 404 of
The Social Security Act, referred to in subsec. (h)(1)(A), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch. 531,
Section 301 of the Social Security Amendments of 1972, referred to in subsec. (h)(4)(I), is section 301 of
The Food Stamp Act of 1977, referred to in subsec. (h)(1)(A)(iii), is
The National School Lunch Act, referred to in subsec. (h)(4)(A), is act June 4, 1946, ch. 281,
The Child Nutrition Act of 1966, referred to in subsec. (h)(4)(B), is
The Vocational Education Act of 1963, referred to in subsec. (h)(4)(C), was title I of
The Elementary and Secondary Education Act of 1965, referred to in subsec. (h)(4)(D), is
The Headstart-Follow Through Act, referred to in subsec. (h)(4)(E), is title V of
The Job Training Partnership Act, referred to in subsec. (h)(4)(F), is
The Higher Education Act of 1965, referred to in subsec. (h)(4)(G), is
The Public Health Service Act, referred to in subsec. (h)(4)(H), is act July 1, 1944, ch. 373,
Prior Provisions
A prior section 1255a,
Amendments
1994—Subsec. (b)(1)(D)(i)(I), (iii).
Subsec. (c)(7)(C).
Subsec. (h)(4)(D).
1991—Subsec. (c)(7)(C).
Subsec. (d)(2)(B)(ii).
1990—Subsec. (b)(1)(A).
Subsec. (b)(2)(C).
Subsec. (c)(7)(A).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B)(ii).
Subsec. (d)(2)(B)(ii)(I).
Subsec. (d)(2)(B)(ii)(II).
Subsec. (d)(2)(B)(ii)(III).
Subsec. (d)(2)(B)(ii)(IV).
Subsec. (d)(2)(B)(ii)(V).
Subsec. (d)(2)(B)(iii).
1988—Subsec. (a)(1)(B).
Subsec. (b)(1)(D)(ii).
Subsec. (c)(1).
Subsec. (c)(5).
Subsec. (c)(5)(A).
Subsec. (d)(2)(B)(ii).
Subsec. (d)(2)(B)(ii)(II).
Effective Date of 1994 Amendment
Amendment by section 219(l)(1) of
Effective Date of 1991 Amendment
Section 307(l) of
Effective Date of 1990 Amendment
Amendment by section 603(a)(13) of
Effective Date of 1988 Amendment
Amendment by
Report on Citizenship of Certain Legalized Aliens
Section 109 of
"(1) The number of applications for citizenship filed.
"(2) The number of applications approved.
"(3) The number of applications denied.
"(4) The number of applications pending."
Family Unity
Section 301 of
"(a)
"(1) may not be deported or otherwise required to depart from the United States on a ground specified in paragraph (1)(A), (1)(B), (1)(C), (3)(A), of section 241(a) of the Immigration and Nationality Act [
"(2) shall be granted authorization to engage in employment in the United States and be provided an 'employment authorized' endorsement or other appropriate work permit.
"(b)
"(1) The term 'eligible immigrant' means a qualified immigrant who is the spouse or unmarried child of a legalized alien.
"(2) The term 'legalized alien' means an alien lawfully admitted for temporary or permanent residence who was provided—
"(A) temporary or permanent residence status under section 210 of the Immigration and Nationality Act [
"(B) temporary or permanent residence status under section 245A of the Immigration and Nationality Act [
"(C) permanent residence status under section 202 of the Immigration Reform and Control Act of 1986 [
"(c)
"(d)
"(e)
"(1) the alien has been convicted of a felony or 3 or more misdemeanors in the United States, or
"(2) the alien is described in section 243(h)(2) of the Immigration and Nationality Act [
"(f)
"(g)
[Section 206(b) of
Use of Capital Assets by Immigration and Naturalization Service
Adjustment to Lawful Resident Status of Certain Nationals of Countries for Which Extended Voluntary Departure Has Been Made Available
"(a)
"(1) applies for such adjustment within two years after the date of the enactment of this Act [Dec. 22, 1987];
"(2) establishes that (A) the alien entered the United States before July 21, 1984, and (B) has resided continuously in the United States since such date and through the date of the enactment of this Act;
"(3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act;
"(4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that (A) the alien's period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or (B) the alien applied for asylum before July 21, 1984; and
"(5) meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act (
The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act.
"(b)
Similar provisions were contained in
Procedures for Property Acquisition or Leasing
Section 201(c)(1) of
Use of Retired Federal Employees
Section 201(c)(2) of
Cuban-Haitian Adjustment
Section 202 of
"(a)
"(1) the alien applies for such adjustment within two years after the date of the enactment of this Act [Nov. 6, 1986];
"(2) the alien is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (14), (15), (16), (17), (20), (21), (25), and (32) of section 212(a) of the Immigration and Nationality Act [
"(3) the alien is not an alien described in section 243(h)(2) of such Act [
"(4) the alien is physically present in the United States on the date the application for such adjustment is filed; and
"(5) the alien has continuously resided in the United States since January 1, 1982.
"(b)
"(1) who has received an immigration designation as a Cuban/Haitian Entrant (Status Pending) as of the date of the enactment of this Act [Nov. 6, 1986], or
"(2) who is a national of Cuba or Haiti, who arrived in the United States before January 1, 1982, with respect to whom any record was established by the Immigration and Naturalization Service before January 1, 1982, and who (unless the alien filed an application for asylum with the Immigration and Naturalization Service before January 1, 1982) was not admitted to the United States as a nonimmigrant.
"(c)
"(d)
"(e)
"(f)
State Legalization Impact-Assistance Grants
Section 204 of
"(a)
"(1)
"(B) Funds appropriated for fiscal year 1990 under this section are reduced by $555,244,000, and funds appropriated for fiscal year 1991 under this section are reduced by $566,854,000.
"(C) For fiscal years 1993 and 1994 combined, there are appropriated to carry out this section for costs incurred on or after October 1, 1989 (including Federal, State, and local administrative costs) out of any money in the Treasury not otherwise appropriated, $2,000,000,000 (less the amount described in paragraph (2) for each of fiscal years 1990 and 1991) less the amount made available for allotments to States under subsection (b) for fiscal year 1990 and fiscal year 1991: Provided, That $812,000,000 shall be available in fiscal year 1994 and the remainder of these funds shall be available in fiscal year 1993.
"(2)
"(A)
"(B)
"(C)
"(D)
"(b)
"(A) the number of eligible legalized aliens (as defined in subsection (j)(4)) residing in the State in that fiscal year;
"(B) the ratio of the number of eligible legalized aliens in the State to the total number of residents of that State and to the total number of such aliens in all the States in that fiscal year;
"(C) the amount of expenditures the State is likely to incur in that fiscal year in providing assistance for eligible legalized aliens for which reimbursement or payment may be made under this section;
"(D) the ratio of the amount of such expenditures in the State to the total of all such expenditures in all the States;
"(E) adjustments for the difference in previous years between the State's actual expenditures (described in subparagraph (C)) incurred and the allocation provided the State under this section for those years; and
"(F) such other factors as the Secretary deems appropriate to provide for an equitable distribution of such amounts.
"(2) To the extent that all the funds appropriated under this section for a fiscal year are not otherwise allotted to States either because all the States have not qualified for such allotments under this section for the fiscal year or because some States have indicated in their description of activities that they do not intend to use, in that fiscal year or any succeeding fiscal year (before fiscal year 1995), the full amount of such allotments, such excess shall be allotted among the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this paragraph.
"(3) In determining the number of eligible legalized aliens for purposes of paragraph (1), the Secretary may estimate such number on the basis of such data as he may deem appropriate.
"(4) For each fiscal year the Secretary shall make payments, as provided by
"(5) For fiscal year 1993, the Secretary shall make allotments to States under paragraph (1) no later than October 15, 1992, Provided, That with respect to States in which total allowable unreimbursed State and local costs incurred prior to October 1, 1992 exceed $100,000,000, within each such State's allocation, the State shall first reimburse all allowable costs incurred between October 1, 1990 and October 1, 1992, before reimbursing costs incurred on or after October 1, 1992, except for State and local administrative costs and for costs of services required to enable aliens granted temporary residence under section 245A(a) of the Immigration and Nationality Act [
"(c)
"(A) for reimbursement of the costs of programs of public assistance provided with respect to eligible legalized aliens, for which such aliens were not disqualified under section 245A(h) of the Immigration and Nationality Act [
"(B) for reimbursement of the costs of programs of public health assistance provided to any alien who is, or is applying on a timely basis to become, an eligible legalized alien,
"(C) to make payments to State educational agencies for the purpose of assisting local educational agencies of that State in providing educational services for eligible legalized aliens,
"(D) to make payments for public education and outreach (including the provision of information to individual applicants) to inform temporary resident aliens regarding—
"(i) the requirements of sections 210, 210A, and 245A of the Immigration and Nationality Act [
"(ii) sources of assistance for such aliens obtaining the adjustment of status described in clause (i), including educational, informational, referral services, and the rights and responsibilities of such aliens and aliens lawfully admitted for permanent residence,
"(iii) the identification of health, employment, and social services, and
"(iv) the importance of identifying oneself as a temporary resident alien to service providers,
except that nothing in this subparagraph may be construed as authorizing the provision of client counseling or any other service which would assume responsibility for the alien's application for the adjustment of status described in clause (i),
"(E)(i) subject to clause (ii), to make payments for education and outreach efforts by State agencies regarding unfair discrimination in employment practices based on national origin or citizenship status,
"(ii) except that the State agencies shall not initiate such efforts until after such consultation with the Office of the Special Counsel for Unfair Immigration-Related Employment Practices as is appropriate to ensure, to the maximum extent feasible, a uniform program.
Subject to paragraph (2), the State may select the distribution of the use of such funds among such purposes.
"(2)(A) Subject to subparagraphs (B) and (C), of the amounts allotted to a State under this section in any fiscal year, 10 percent shall be used by the State for reimbursement under paragraph (1)(A), 10 percent shall be used by the State for reimbursement under paragraph (1)(B), and 10 percent shall be used by the State for payments under paragraph (1)(C).
"(B) If a State does not require the use of the full 10 percent provided under subparagraph (A) for a particular function described in a subparagraph of paragraph (1) for a fiscal year, the unused portion shall, subject to subparagraph (C), be equally distributed among the two other subparagraphs.
"(C) In no case shall the funds provided under this section be used to provide reimbursement for more than 100 percent of the costs described in paragraph (1)(A) or (1)(B).
"(D) Of the amount allotted to a State with respect to any fiscal year, a State may not use more than—
"(i) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(D), and
"(ii) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(E).
"(3) To the extent that a State provides for the use of funds for the purpose described in paragraph (1)(C), the definitions and provisions of the Emergency Immigrant Education Act of 1984 (title VI of
"(A) any reference in such Act to 'immigrant children' shall be deemed to be a reference to 'eligible legalized aliens' (including such aliens who are over 16 years of age) during the 60-month period beginning with the first month in which such an alien is granted temporary lawful residence under the Immigration and Nationality Act [
"(B) in determining the amount of payment with respect to eligible legalized aliens who are over 16 years of age, the phrase 'described under paragraph (2)' shall be deemed to be stricken from section 606(b)(1)(A) of such Act (
"(C) the State educational agency may provide such educational services to adult eligible legalized aliens through local educational agencies and other public and private nonprofit organizations, including community-based organizations of demonstrated effectiveness; and
"(D) such services may include English language and other programs designed to enable such aliens to attain the citizenship skills described in section 245A(b)(1)(D)(i) of the Immigration and Nationality Act [
"(d)
"(A) has filed with, and had approved by, the Secretary an application containing such information, including the information described in paragraph (2) and criteria for and administrative methods of disbursing funds received under this section, as the Secretary determines to be necessary to carry out this section, and
"(B) transmits to the Secretary a statement of assurances that certifies that (i) funds allotted to the State under this section will only be used to carry out the purposes described in subsection (c)(1), (ii) the State will provide a fair method (as determined by the State) for the allocation of funds among State and local agencies in accordance with paragraph (2) and subsection (c)(2), and (iii) fiscal control and fund accounting procedures will be established that are adequate to meet the requirements of paragraph (2) and subsections (e) and (f).
"(2) The application of each State under this subsection for each fiscal year must include detailed information on—
"(A) the number of eligible legalized aliens residing in the State, and
"(B) the costs (excluding any such costs otherwise paid from Federal funds) which the State and each locality is likely to incur for the purposes described in subsection (c)(1).
"(e)
"(i) to secure an accurate description of those activities,
"(ii) to secure a complete record of the purposes for which funds were spent and of the recipients of such funds, and
"(iii) to determine the extent to which funds were expended consistent with this section.
Copies of the report shall be provided, upon request, to any interested public agency, and each such agency may provide its views on these reports to the Congress.
"(B) The Secretary shall annually report to the Congress on activities funded under this section and shall provide for transmittal of a copy of such report to each State.
"(2)(A) For requirements relating to audits of funds received by a State under this section, see
"(B) Each State shall repay to the United States amounts ultimately found not to have been expended in accordance with this section, or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this section.
"(C) The Secretary may, after notice and opportunity for a hearing, withhold payment of funds to any State which is not using its allotment under this section in accordance with this section. The Secretary may withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur.
"(3) The State shall make copies of the reports and audits required by this subsection available for public inspection within the State.
"(4)(A) For the purpose of evaluating and reviewing the assistance provided under this section, the Secretary and the Comptroller General shall have access to any books, accounts, records, correspondence, or other documents that are related to such assistance, and that are in the possession, custody, or control of States, political subdivisions thereof, or any of their grantees.
"(B) In conjunction with an evaluation or review under subparagraph (A), no State or political subdivision thereof (or grantee of either) shall be required to create or prepare new records to comply with subparagraph (A).
"(f)
"(2) Payment may only be made to a State with respect to costs for assistance of a program of public assistance or a program of public health assistance to the extent such assistance is otherwise generally available under such programs to citizens residing in the State.
"(g)
"(1) knowingly and willfully makes or causes to be made any false statement or misrepresentation of a material fact in connection with the furnishing of assistance or services for which payment may be made by a State from funds allotted to the State under this section, or
"(2) having knowledge of the occurrence of any event affecting his initial or continued right to any such payment conceals or fails to disclose such event with an intent fraudulently to secure such payment either in a greater amount than is due or when no such payment is authorized,
shall be fined in accordance with
"(h)
"(B) No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this section.
"(2) Whenever the Secretary finds that a State or locality which has been provided payment from an allotment under this section has failed to comply with a provision of law referred to in paragraph (1)(A), with paragraph (1)(B), or with an applicable regulation (including one prescribed to carry out paragraph (1)(B)), he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary may—
"(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted,
"(B) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 [
"(C) take such other action as may be provided by law.
"(3) When a matter is referred to the Attorney General pursuant to paragraph (2)(A), or whenever he has reason to believe that the entity is engaged in a pattern or practice in violation of a provision of law referred to in paragraph (1)(A) or in violation of paragraph (1)(B), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief.
"(i)
"(j)
"(1) The term 'State' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act [
"(2) The term 'programs of public assistance' means programs in a State or local jurisdiction which—
"(A) provide for cash, medical, or other assistance (as defined by the Secretary) designed to meet the basic subsistence or health needs of individuals,
"(B) are generally available to needy individuals residing in the State or locality, and
"(C) receive funding from units of State or local government.
"(3) The term 'programs of public health assistance' means programs in a State or local jurisdiction which—
"(A) provide public health services, including immunizations for immunizable diseases, testing and treatment for tuberculosis and sexually-transmitted diseases, and family planning services,
"(B) are generally available to needy individuals residing in the State or locality, and
"(C) receive funding from units of State or local government.
"(4) The term 'eligible legalized alien' means an alien who has been granted lawful temporary resident status under section 210, 210A, or 245A of the Immigration and Nationality Act [
[
Application of Certain State Assistance Provisions
Section 303(c) of
Reports on Legalization Program
Section 404 of
"(a)
"(b)
"(1) geographical origins and manner of entry of these aliens into the United States,
"(2) their demographic characteristics, and
"(3) a general profile and characteristics.
"(c)
"(1) the impact of the program on State and local governments and on public health and medical needs of individuals in the different regions of the United States,
"(2) the patterns of employment of the legalized population, and
"(3) the participation of legalized aliens in social service programs."
[Functions of President under section 404 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(
§1255b. Adjustment of status of certain nonimmigrants to that of persons admitted for permanent residence
Notwithstanding any other provision of law—
(a) Application
Any alien admitted to the United States as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or (ii) or 1101(a)(15)(G)(i) or (ii) of this title, who has failed to maintain a status under any of those provisions, may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.
(b) Record of admission
If, after consultation with the Secretary of State, it shall appear to the satisfaction of the Attorney General that the alien has shown compelling reasons demonstrating both that the alien is unable to return to the country represented by the government which accredited the alien or the member of the alien's immediate family and that adjustment of the alien's status to that of an alien lawfully admitted for permanent residence would be in the national interest, that the alien is a person of good moral character, that he is admissible for permanent residence under this chapter, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for adjustment of status is made.
(c) Report to the Congress; resolution not favoring adjustment of status; reduction of quota
A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first day of each calendar month in which Congress is in session. The Secretary of State shall, if the alien was classifiable as a quota immigrant at the time of his entry, reduce by one the quota of the quota area to which the alien is chargeable under
(d) Limitations
The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence in any fiscal year, pursuant to this section, shall not exceed fifty.
(
Codification
Section was not enacted as a part of the Immigration and Nationality Act which comprises this chapter.
Amendments
1994—Subsec. (c).
1988—Subsec. (b).
1981—Subsec. (b).
Effective Date of 1981 Amendment
Amendment by
Definitions; Applicability of Section 1101(a) and (b) of This Title
The definitions in subsecs. (a) and (b) of
Cross References
Definition of the term—
Alien, see
Attorney General, see
Lawfully admitted for permanent residence, see
Nonimmigrant alien, see
Person of good moral character, see
United States, see
§1256. Rescission of adjustment of status; effect upon naturalized citizen
(a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of
(b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of
(June 27, 1952, ch. 477, title II, ch. 5, §246,
Amendments
1994—Subsec. (a).
Effective Date of 1994 Amendment
Section 219(m) of
Cross References
Definition of alien, Attorney General, and lawfully admitted for permanent residence, see
§1257. Adjustment of status of certain resident aliens to nonimmigrant status; exceptions
(a) The status of an alien lawfully admitted for permanent residence shall be adjusted by the Attorney General, under such regulations as he may prescribe, to that of a nonimmigrant under paragraph (15)(A), (E), or (G) of
(b) The adjustment of status required by subsection (a) of this section shall not be applicable in the case of any alien who requests that he be permitted to retain his status as an immigrant and who, in such form as the Attorney General may require, executes and files with the Attorney General a written waiver of all rights, privileges, exemptions, and immunities under any law or any executive order which would otherwise accrue to him because of the acquisition of an occupational status entitling him to a nonimmigrant status under paragraph (15)(A), (E), or (G) of
(June 27, 1952, ch. 477, title II, ch. 5, §247,
Cross References
Definition of alien, Attorney General, entry, immigrant, lawfully admitted for permanent residence, and nonimmigrant alien, see
Issuance of immigrant visa to alien entitled to nonimmigrant status upon waiver of rights accruing from such status, see
Section Referred to in Other Sections
This section is referred to in
§1258. Change of nonimmigrant classification
The Attorney General may, under such conditions as he may prescribe, authorize a change from any nonimmigrant classification to any other nonimmigrant classification in the case of any alien lawfully admitted to the United States as a nonimmigrant who is continuing to maintain that status, except in the case of—
(1) an alien classified as a nonimmigrant under subparagraph (C), (D), (K), or (S) of
(2) an alien classified as a nonimmigrant under subparagraph (J) of
(3) an alien (other than an alien described in paragraph (2)) classified as a nonimmigrant under subparagraph (J) of
(4) an alien admitted as a nonimmigrant visitor without a visa under
(June 27, 1952, ch. 477, title II, ch. 5, §248,
Amendments
1994—Par. (1).
1986—Par. (4).
1981—
1961—
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, and nonimmigrant alien, see
Section Referred to in Other Sections
This section is referred to in
§1259. Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972
A record of lawful admission for permanent residence may, in the discretion of the Attorney General and under such regulations as he may prescribe, be made in the case of any alien, as of the date of the approval of his application or, if entry occurred prior to July 1, 1924, as of the date of such entry, if no such record is otherwise available and such alien shall satisfy the Attorney General that he is not inadmissible under
(a) entered the United States prior to January 1, 1972;
(b) has had his residence in the United States continuously since such entry;
(c) is a person of good moral character; and
(d) is not ineligible to citizenship.
(June 27, 1952, ch. 477, title II, ch. 5, §249,
Amendments
1990—
1988—
1986—
1965—
1958—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1965 Amendment
For effective date of amendment by
Applicability of Numerical Limitations
Section 203(c) of
Cross References
Definition of the term—
Alien, see
Attorney General, see
Entry, see
Ineligible to citizenship, see
Lawfully admitted for permanent residence, see
Permanent, see
Person of good moral character, see
Residence, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1260. Removal of aliens falling into distress
The Attorney General may remove from the United States any alien who falls into distress or who needs public aid from causes arising subsequent to his entry, and is desirous of being so removed, to the native country of such alien, or to the country from which he came, or to the country of which he is a citizen or subject, or to any other country to which he wishes to go and which will receive him, at the expense of the appropriation for the enforcement of this chapter. Any alien so removed shall be ineligible to apply for or receive a visa or other documentation for readmission, or to apply for admission to the United States except with the prior approval of the Attorney General.
(June 27, 1952, ch. 477, title II, ch. 5, §250,
Cross References
Definition of alien, application for admission, Attorney General, entry, and United States, see
Part VI—Special Provisions Relating to Alien Crewmen
§1281. Alien crewmen
(a) Arrival; submission of list; exceptions
Upon arrival of any vessel or aircraft in the United States from any place outside the United States it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof to deliver to an immigration officer at the port of arrival (1) a complete, true, and correct list containing the names of all aliens employed on such vessel or aircraft, the positions they respectively hold in the crew of the vessel or aircraft, when and where they were respectively shipped or engaged, and those to be paid off or discharged in the port of arrival; or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
(b) Reports of illegal landings
It shall be the duty of any owner, agent, consignee, master, or commanding officer of any vessel or aircraft to report to an immigration officer, in writing, as soon as discovered, all cases in which any alien crewman has illegally landed in the United States from the vessel or aircraft, together with a description of such alien and any information likely to lead to his apprehension.
(c) Departure; submission of list; exceptions
Before the departure of any vessel or aircraft from any port in the United States, it shall be the duty of the owner, agent, consignee, master, or commanding officer thereof, to deliver to an immigration officer at that port (1) a list containing the names of all alien employees who were not employed thereon at the time of the arrival at that port but who will leave such port thereon at the time of the departure of such vessel or aircraft and the names of those, if any, who have been paid off or discharged, and of those, if any, who have deserted or landed at that port, or (2) in the discretion of the Attorney General, such a list containing so much of such information, or such additional or supplemental information, as the Attorney General shall by regulations prescribe. In the case of a vessel engaged solely in traffic on the Great Lakes, Saint Lawrence River, and connecting waterways, such lists shall be furnished at such times as the Attorney General may require.
(d) Violations
In case any owner, agent, consignee, master, or commanding officer shall fail to deliver complete, true, and correct lists or reports of aliens, or to report cases of desertion or landing, as required by subsections (a), (b), and (c) of this section, such owner, agent, consignee, master, or commanding officer, shall, if required by the Attorney General, pay to the Commissioner the sum of $200 for each alien concerning whom such lists are not delivered or such reports are not made as required in the preceding subsections. In the case that any owner, agent, consignee, master, or commanding officer of a vessel shall secure services of an alien crewman described in
(e) Regulations
The Attorney General is authorized to prescribe by regulations the circumstances under which a vessel or aircraft shall be deemed to be arriving in, or departing from the United States or any port thereof within the meaning of any provision of this Part.
(June 27, 1952, ch. 477, title II, ch. 6, §251,
Amendments
1991—Subsec. (d).
1990—Subsec. (d).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Inapplicability of Amendment by Pub. L. 101–649
Amendment by section 203(b) of
Cross References
Definition of alien, Attorney General, crewman, immigration officer, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1282. Conditional permits to land temporarily
(a) Period of time
No alien crewman shall be permitted to land temporarily in the United States except as provided in this section and
(1) the period of time (not exceeding twenty-nine days) during which the vessel or aircraft on which he arrived remains in port, if the immigration officer is satisfied that the crewman intends to depart on the vessel or aircraft on which he arrived; or
(2) twenty-nine days, if the immigration officer is satisfied that the crewman intends to depart, within the period for which he is permitted to land, on a vessel or aircraft other than the one on which he arrived.
(b) Revocation; expenses of detention
Pursuant to regulations prescribed by the Attorney General, any immigration officer may, in his discretion, if he determines that an alien is not a bona fide crewman, or does not intend to depart on the vessel or aircraft which brought him, revoke the conditional permit to land which was granted such crewman under the provisions of subsection (a)(1) of this section, take such crewman into custody, and require the master or commanding officer of the vessel or aircraft on which the crewman arrived to receive and detain him on board such vessel or aircraft, if practicable, and such crewman shall be deported from the United States at the expense of the transportation line which brought him to the United States. Until such alien is so deported, any expenses of his detention shall be borne by such transportation company. Nothing in this section shall be construed to require the procedure prescribed in
(c) Penalties
Any alien crewman who willfully remains in the United States in excess of the number of days allowed in any conditional permit issued under subsection (a) of this section shall be fined under title 18 or imprisoned not more than 6 months, or both.
(June 27, 1952, ch. 477, title II, ch. 6, §252,
Amendments
1991—Subsec. (c).
1990—Subsec. (c).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, crewman, immigration officer, nonimmigrant alien, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1283. Hospital treatment of alien crewmen afflicted with certain diseases
An alien crewman, including an alien crewman ineligible for a conditional permit to land under
(June 27, 1952, ch. 477, title II, ch. 6, §253,
Cross References
Definition of alien, Attorney General, crewman, immigration officer, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1284. Control of alien crewmen
(a) Penalties for failure
The owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof who fails (1) to detain on board the vessel, or in the case of an aircraft to detain at a place specified by an immigration officer at the expense of the airline, any alien crewman employed thereon until an immigration officer has completely inspected such alien crewman, including a physical examination by the medical examiner, or (2) to detain any alien crewman on board the vessel, or in the case of an aircraft at a place specified by an immigration officer at the expense of the airline, after such inspection unless a conditional permit to land temporarily has been granted such alien crewman under
(b) Prima facie evidence against transportation line
Except as may be otherwise prescribed by regulations issued by the Attorney General, proof that an alien crewman did not appear upon the outgoing manifest of the vessel or aircraft on which he arrived in the United States from any place outside thereof, or that he was reported by the master or commanding officer of such vessel or aircraft as a deserter, shall be prima facie evidence of a failure to detain or deport such alien crewman.
(c) Deportation on other than arriving vessel or aircraft; expenses
If the Attorney General finds that deportation of an alien crewman under this section on the vessel or aircraft on which he arrived is impracticable or impossible, or would cause undue hardship to such alien crewman, he may cause the alien crewman to be deported from the port of arrival or any other port on another vessel or aircraft of the same transportation line, unless the Attorney General finds this to be impracticable. All expenses incurred in connection with such deportation, including expenses incurred in transferring an alien crewman from one place in the United States to another under such conditions and safeguards as the Attorney General shall impose, shall be paid by the owner or owners of the vessel or aircraft on which the alien arrived in the United States. The vessel or aircraft on which the alien arrived shall not be granted clearance until such expenses have been paid or their payment guaranteed to the satisfaction of the Attorney General. An alien crewman who is transferred within the United States in accordance with this subsection shall not be regarded as having been landed in the United States.
(June 27, 1952, ch. 477, title II, ch. 6, §254,
Amendments
1991—Subsec. (a).
1990—Subsec. (a).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, crewman, immigration officer, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1285. Employment on passenger vessels of aliens afflicted with certain disabilities
It shall be unlawful for any vessel or aircraft carrying passengers between a port of the United States and a port outside thereof to have employed on board upon arrival in the United States any alien afflicted with feeble-mindedness, insanity, epilepsy, tuberculosis in any form, leprosy, or any dangerous contagious disease. If it appears to the satisfaction of the Attorney General, from an examination made by a medical officer of the United States Public Health Service, and is so certified by such officer, that any such alien was so afflicted at the time he was shipped or engaged and taken on board such vessel or aircraft and that the existence of such affliction might have been detected by means of a competent medical examination at such time, the owner, commanding officer, agent, consignee, or master thereof shall pay for each alien so afflicted to the Commissioner the sum of $1,000. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Any such fine may, in the discretion of the Attorney General, be mitigated or remitted.
(June 27, 1952, ch. 477, title II, ch. 6, §255,
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1286. Discharge of alien crewmen; penalties
It shall be unlawful for any person, including the owner, agent, consignee, charterer, master, or commanding officer of any vessel or aircraft, to pay off or discharge any alien crewman, except an alien lawfully admitted for permanent residence, employed on board a vessel or aircraft arriving in the United States without first having obtained the consent of the Attorney General. If it shall appear to the satisfaction of the Attorney General that any alien crewman has been paid off or discharged in the United States in violation of the provisions of this section, such owner, agent, consignee, charterer, master, commanding officer, or other person, shall pay to the Commissioner the sum of $3,000 for each such violation. No vessel or aircraft shall be granted clearance pending the determination of the question of the liability to the payment of such sums, or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond approved by the Commissioner with sufficient surety to secure the payment thereof. Such fine may, in the discretion of the Attorney General, be mitigated to not less than $1,500 for each violation, upon such terms as he shall think proper.
(June 27, 1952, ch. 477, title II, ch. 6, §256,
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, crewman, lawfully admitted for permanent residence, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1287. Alien crewmen brought into the United States with intent to evade immigration laws; penalties
Any person, including the owner, agent, consignee, master, or commanding officer of any vessel or aircraft arriving in the United States from any place outside thereof, who shall knowingly sign on the vessel's articles, or bring to the United States as one of the crew of such vessel or aircraft, any alien, with intent to permit or assist such alien to enter or land in the United States in violation of law, or who shall falsely and knowingly represent to a consular officer at the time of application for visa, or to the immigration officer at the port of arrival in the United States, that such alien is a bona fide member of the crew employed in any capacity regularly required for normal operation and services aboard such vessel or aircraft, shall be liable to a penalty not exceeding $10,000 for each such violation, for which sum such vessel or aircraft shall be liable and may be seized and proceeded against by way of libel in any district court of the United States having jurisdiction of the offense.
(June 27, 1952, ch. 477, title II, ch. 6, §257,
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Definition of alien, consular officer, crewman, entry, immigration laws, immigration officer, and United States, see
Proceedings for forfeitures and seizures, see
§1288. Limitations on performance of longshore work by alien crewmen
(a) In general
For purposes of
(b) "Longshore work" defined
(1) In general
In this section, except as provided in paragraph (2), the term "longshore work" means any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof.
(2) Exception for safety and environmental protection
The term "longshore work" does not include the loading or unloading of any cargo for which the Secretary of Transportation has, under the authority contained in
(A) the handling or stowage of such cargo,
(B) the manning of vessels and the duties, qualifications, and training of the officers and crew of vessels carrying such cargo, and
(C) the reduction or elimination of discharge during ballasting, tank cleaning, handling of such cargo.
(3) Construction
Nothing in this section shall be construed as broadening, limiting, or otherwise modifying the meaning or scope of longshore work for purposes of any other law, collective bargaining agreement, or international agreement.
(c) Prevailing practice exception
(1) Subsection (a) of this section shall not apply to a particular activity of longshore work in and about a local port if—
(A)(i) there is in effect in the local port one or more collective bargaining agreements each covering at least 30 percent of the number of individuals employed in performing longshore work and (ii) each such agreement (covering such percentage of longshore workers) permits the activity to be performed by alien crewmen under the terms of such agreement; or
(B) there is no collective bargaining agreement in effect in the local port covering at least 30 percent of the number of individuals employed in performing longshore work, and an employer of alien crewmen (or the employer's designated agent or representative) has filed with the Secretary of Labor at least 14 days before the date of performance of the activity (or later, if necessary due to an unanticipated emergency, but not later than the date of performance of the activity) an attestation setting forth facts and evidence to show that—
(i) the performance of the activity by alien crewmen is permitted under the prevailing practice of the particular port as of the date of filing of the attestation and that the use of alien crewmen for such activity—
(I) is not during a strike or lockout in the course of a labor dispute, and
(II) is not intended or designed to influence an election of a bargaining representative for workers in the local port; and
(ii) notice of the attestation has been provided by the owner, agent, consignee, master, or commanding officer to the bargaining representative of longshore workers in the local port, or, where there is no such bargaining representative, notice of the attestation has been provided to longshore workers employed at the local port.
In applying subparagraph (B) in the case of a particular activity of longshore work consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel, the attestation shall be required to be filed only if the Secretary of Labor finds, based on a preponderance of the evidence which may be submitted by any interested party, that the performance of such particular activity is not described in clause (i) of such subparagraph.
(2) Subject to paragraph (4), an attestation under paragraph (1) shall—
(A) expire at the end of the 1-year period beginning on the date of its filing with the Secretary of Labor, and
(B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under
(3) An owner, agent, consignee, master, or commanding officer may meet the requirements under this subsection with respect to more than one alien crewman in a single list.
(4)(A) The Secretary of Labor shall compile and make available for public examination in a timely manner in Washington, D.C., a list identifying owners, agents, consignees, masters, or commanding officers which have filed lists for nonimmigrants described in
(B)(i) The Secretary of Labor shall establish a process for the receipt, investigation, and disposition of complaints respecting an entity's failure to meet conditions attested to, an entity's misrepresentation of a material fact in an attestation, or, in the case described in the last sentence of paragraph (1), whether the performance of the particular activity is or is not described in paragraph (1)(B)(i).
(ii) Complaints may be filed by any aggrieved person or organization (including bargaining representatives, associations deemed appropriate by the Secretary, and other aggrieved parties as determined under regulations of the Secretary).
(iii) The Secretary shall promptly conduct an investigation under this subparagraph if there is reasonable cause to believe that an entity fails to meet conditions attested to, an entity has misrepresented a material fact in the attestation, or, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in paragraph (1)(B)(i).
(C)(i) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to an attestation, a complaining party may request that the activities attested to by the employer cease during the hearing process described in subparagraph (D). If such a request is made, the attesting employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the complaining party's position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D).
(ii) If the Secretary determines that reasonable cause exists to conduct an investigation with respect to a matter under the last sentence of paragraph (1), a complaining party may request that the activities of the employer cease during the hearing process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1). If such a request is made, the employer shall be issued notice of such request and shall respond within 14 days to the notice. If the Secretary makes an initial determination that the complaining party's position is supported by a preponderance of the evidence submitted, the Secretary shall require immediately that the employer cease and desist from such activities until completion of the process described in subparagraph (D) unless the employer files with the Secretary of Labor an attestation under paragraph (1).
(D) Under the process established under subparagraph (B), the Secretary shall provide, within 180 days after the date a complaint is filed (or later for good cause shown), for a determination as to whether or not a basis exists to make a finding described in subparagraph (E). The Secretary shall provide notice of such determination to the interested parties and an opportunity for a hearing on the complaint within 60 days of the date of the determination.
(E)(i) If the Secretary of Labor finds, after notice and opportunity for a hearing, that an entity has failed to meet a condition attested to or has made a misrepresentation of material fact in the attestation, the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 for each alien crewman performing unauthorized longshore work) as the Secretary determines to be appropriate. Upon receipt of such notice, the Attorney General shall not permit the vessels owned or chartered by such entity to enter any port of the United States during a period of up to 1 year.
(ii) If the Secretary of Labor finds, after notice and opportunity for a hearing, that, in the case described in the last sentence of paragraph (1), the performance of the particular activity is not described in subparagraph (B)(i), the Secretary shall notify the Attorney General of such finding and, thereafter, the attestation described in paragraph (1) shall be required of the employer for the performance of the particular activity.
(F) A finding by the Secretary of Labor under this paragraph that the performance of an activity by alien crewmen is not permitted under the prevailing practice of a local port shall preclude for one year the filing of a subsequent attestation concerning such activity in the port under paragraph (1).
(5) Except as provided in paragraph (5) of subsection (d) of this section, this subsection shall not apply to longshore work performed in the State of Alaska.
(d) State of Alaska exception
(1) Subsection (a) of this section shall not apply to a particular activity of longshore work at a particular location in the State of Alaska if an employer of alien crewmen has filed an attestation with the Secretary of Labor at least 30 days before the date of the first performance of the activity (or anytime up to 24 hours before the first performance of the activity, upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that time) setting forth facts and evidence to show that—
(A) the employer will make a bona fide request for United States longshore workers who are qualified and available in sufficient numbers to perform the activity at the particular time and location from the parties to whom notice has been provided under clauses (ii) and (iii) of subparagraph (D), except that—
(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement with a single labor organization described in subparagraph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and
(ii) a request for longshore workers to an operator of a private dock may be made only for longshore work to be performed at that dock and only if the operator meets the requirements of
(B) the employer will employ all those United States longshore workers made available in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location;
(C) the use of alien crewmembers for such activity is not intended or designed to influence an election of a bargaining representative for workers in the State of Alaska; and
(D) notice of the attestation has been provided by the employer to—
(i) labor organizations which have been recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act [
(ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and
(iii) operators of private docks at which the employer will use longshore workers.
(2)(A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while at 1 the attestation is valid to make bona fide requests for United States longshore workers under paragraph (1)(A) and to employ United States longshore workers, as provided in paragraph (1)(B), before using alien crewmen to perform the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed.
(B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employer's obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice.
(3)(A) In no case shall an employer filing an attestation be required—
(i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity;
(ii) to provide overnight accommodations for the longshore workers while employed; or
(iii) to provide transportation to the place of work, except where—
(I) surface transportation is available;
(II) such transportation may be safely accomplished;
(III) travel time to the vessel does not exceed one-half hour each way; and
(IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles.
(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel times and travel distances specified in subclauses (III) and (IV) of subparagraph (A)(iii) shall be extended to 45 minutes and 7½ miles, respectively, unless the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those subclauses.
(4) Subject to subparagraphs (A) through (D) of subsection (c)(4) of this section, attestations filed under paragraph (1) of this subsection shall—
(A) expire at the end of the 1-year period beginning on the date the employer anticipates the longshore work to begin, as specified in the attestation filed with the Secretary of Labor, and
(B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under
(5)(A) Except as otherwise provided by subparagraph (B), subsection (c)(3) of this section and subparagraphs (A) through (E) of subsection (c)(4) of this section shall apply to attestations filed under this subsection.
(B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c) of this section.
(6) For purposes of this subsection—
(A) the term "contract stevedoring companies" means those stevedoring companies licensed to do business in the State of Alaska that meet the requirements of
(B) the term "employer" includes any agent or representative designated by the employer; and
(C) the terms "qualified" and "available in sufficient numbers" shall be defined by reference to industry standards in the State of Alaska, including safety considerations.
(e) Reciprocity exception
(1) In general
Subject to the determination of the Secretary of State pursuant to paragraph (2), the Attorney General shall permit an alien crewman to perform an activity constituting longshore work if—
(A) the vessel is registered in a country that by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels; and
(B) nationals of a country (or countries) which by law, regulation, or in practice does not prohibit such activity by crewmembers aboard United States vessels hold a majority of the ownership interest in the vessel.
(2) Establishment of list
The Secretary of State shall, in accordance with
(3) "In practice" defined
For purposes of this subsection, the term "in practice" refers to an activity normally performed in such country during the one-year period preceding the arrival of such vessel into the United States or coastal waters thereof.
(June 27, 1952, ch. 477, title II, ch. 6, §258, as added Nov. 29, 1990,
References in Text
Section 4106 of the Oil Pollution Act of 1990, referred to in subsec. (b)(2), is section 4106 of
The National Labor Relations Act, referred to in subsec. (d)(1)(D)(i), is act July 5, 1935, ch. 372,
Codification
In subsec. (b)(2), "
Amendments
1994—Subsecs. (a), (c)(4)(A), (5).
Subsec. (d).
Subsec. (d)(3)(B).
Subsec. (e).
1993—Subsec. (a).
Subsec. (c)(4)(A).
Subsec. (c)(5).
Subsecs. (d), (e).
1991—Subsec. (c)(2)(B).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section applicable to services performed on or after 180 days after Nov. 29, 1990, see section 203(d) of
Regulations
Section 323(c) of
"(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section [amending this section].
"(2) Attestations filed pursuant to section 258(c) (
Similar provisions were contained in
Inapplicability of Amendment by Pub. L. 101–649
Section 203(a)(2) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "at" probably should not appear.
Part VII—Registration of Aliens
§1301. Alien seeking entry; contents
No visa shall be issued to any alien seeking to enter the United States until such alien has been registered in accordance with
(June 27, 1952, ch. 477, title II, ch. 7, §261,
Amendments
1988—
1986—
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Cross References
Definition of alien, entry, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1302. Registration of aliens
(a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under
(b) It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under
(c) The Attorney General may, in his discretion and on the basis of reciprocity pursuant to such regulations as he may prescribe, waive the requirement of fingerprinting specified in subsections (a) and (b) of this section in the case of any nonimmigrant.
(June 27, 1952, ch. 477, title II, ch. 7, §262,
References in Text
The Alien Registration Act, 1940, referred to in subsecs. (a) and (b), is act June 28, 1940, ch. 439,
Amendments
1994—Subsec. (c).
1988—
1986—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Waiver of Fingerprinting Requirements for Nonimmigrant Aliens
Authority of the Secretary of State and the Attorney General to waive the requirement of fingerprinting specified in this section, in the case of any nonimmigrant alien, see
Cross References
Definition of alien, parent, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1303. Registration of special groups
(a) Notwithstanding the provisions of
(b) The provisions of
(June 27, 1952, ch. 477, title II, ch. 7, §263,
Cross References
Definition of alien, Attorney General, border crossing identification card, crewmen, lawfully admitted for permanent residence, and nonimmigrant alien, see
§1304. Forms for registration and fingerprinting
(a) Preparation; contents
The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens under
(b) Confidential nature
All registration and fingerprint records made under the provisions of this subchapter shall be confidential, and shall be made available only (1) pursuant to
(c) Information under oath
Every person required to apply for the registration of himself or another under this subchapter shall submit under oath the information required for such registration. Any person authorized under regulations issued by the Attorney General to register aliens under this subchapter shall be authorized to administer oaths for such purpose.
(d) Certificate of alien registration or alien receipt card
Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act, 1940, or under the provisions of this chapter shall be issued a certificate of alien registration or an alien registration receipt card in such form and manner and at such time as shall be prescribed under regulations issued by the Attorney General.
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
(June 27, 1952, ch. 477, title II, ch. 7, §264,
References in Text
The Alien Registration Act, 1940, referred to in subsec. (d), is act June 28, 1940, ch. 439,
Amendments
1990—Subsec. (b).
1988—Subsec. (a).
1986—Subsec. (a).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, entry, and United States, see
§1305. Notices of change of address
(a) Notification of change
Each alien required to be registered under this subchapter who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.
(b) Current address of natives of any one or more foreign states
The Attorney General may in his discretion, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this subchapter, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require.
(c) Notice to parent or legal guardian
In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.
(June 27, 1952, ch. 477, title II, ch. 7, §265,
Amendments
1988—
1981—
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of alien, Attorney General, parent, residence, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1306. Penalties
(a) Willful failure to register
Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.
(b) Failure to notify change of address
Any alien or any parent or legal guardian in the United States of any alien who fails to give written notice to the Attorney General, as required by
(c) Fraudulent statements
Any alien or any parent or legal guardian of any alien, who files an application for registration containing statements known by him to be false, or who procures or attempts to procure registration of himself or another person through fraud, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000, or be imprisoned not more than six months, or both; and any alien so convicted shall, upon the warrant of the Attorney General, be taken into custody and be deported in the manner provided in Part V of this subchapter.
(d) Counterfeiting
Any person who with unlawful intent photographs, prints, or in any other manner makes, or executes, any engraving, photograph, print, or impression in the likeness of any certificate of alien registration or an alien registration receipt card or any colorable imitation thereof, except when and as authorized under such rules and regulations as may be prescribed by the Attorney General, shall upon conviction be fined not to exceed $5,000 or be imprisoned not more than five years, or both.
(June 27, 1952, ch. 477, title II, ch. 7, §266,
Cross References
Definition of alien, Attorney General, and United States, see
Section Referred to in Other Sections
This section is referred to in
Part VIII—General Penalty Provisions
§1321. Prevention of unauthorized landing of aliens
(a) Failure to report; penalties
It shall be the duty of every person, including the owners, masters, officers, and agents of vessels, aircraft, transportation lines, or international bridges or toll roads, other than transportation lines which may enter into a contract as provided in
(b) Prima facie evidence
Proof that the alien failed to present himself at the time and place designated by the immigration officers shall be prima facie evidence that such alien has landed in the United States at a time or place other than as designated by the immigration officers.
(c) Liability of owners and operators of international bridges and toll roads
(1) Any owner or operator of a railroad line, international bridge, or toll road who establishes to the satisfaction of the Attorney General that the person has acted diligently and reasonably to fulfill the duty imposed by subsection (a) of this section shall not be liable for the penalty described in such subsection, notwithstanding the failure of the person to prevent the unauthorized landing of any alien.
(2)(A) At the request of any person described in paragraph (1), the Attorney General shall inspect any facility established, or any method utilized, at a point of entry into the United States by such person for the purpose of complying with subsection (a) of this section. The Attorney General shall approve any such facility or method (for such period of time as the Attorney General may prescribe) which the Attorney General determines is satisfactory for such purpose.
(B) Proof that any person described in paragraph (1) has diligently maintained any facility, or utilized any method, which has been approved by the Attorney General under subparagraph (A) (within the period for which the approval is effective) shall be prima facie evidence that such person acted diligently and reasonably to fulfill the duty imposed by subsection (a) of this section (within the meaning of paragraph (1) of this subsection).
(June 27, 1952, ch. 477, title II, ch. 8, §271,
Amendments
1990—Subsec. (a).
1986—Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures) were superseded, and civil and admiralty procedures in United States district courts were unified, effective July 1, 1966, see rule 1 and Supplemental Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Definition of alien, Attorney General, crewman, entry, immigration officer, and United States, see
Forfeitures and seizures—
Jurisdiction, see
Proceedings, see
Section Referred to in Other Sections
This section is referred to in
§1322. Bringing in aliens subject to exclusion on a health-related ground; persons liable; clearance papers; exceptions; "person" defined
(a) Any person who shall bring to the United States an alien (other than an alien crewman) who is excludable under
(b) No vessel or aircraft shall be granted clearance papers pending determination of the question of liability to the payment of any fine under this section, or while the fines remain unpaid, nor shall such fines be remitted or refunded; but clearance may be granted prior to the determination of such question upon the deposit of a sum sufficient to cover such fines or of a bond with sufficient surety to secure the payment thereof, approved by the Commissioner.
(c) Nothing contained in this section shall be construed to subject transportation companies to a fine for bringing to ports of entry in the United States aliens who are entitled by law to exemption from the excluding provisions of
(d) As used in this section, the term "person" means the owner, master, agent, commanding officer, charterer, or consignee of any vessel or aircraft.
(June 27, 1952, ch. 477, title II, ch. 8, §272,
Amendments
1994—Subsec. (a).
1991—Subsec. (a).
1990—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1965—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 307(l) of
Effective Date of 1990 Amendment
Amendment by section 543(a)(9) of
Amendment by section 603(a)(15) of
Effective Date of 1965 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Attorney General, see
Crewman, see
Entry, see
Immigrant visa, see
Nonimmigrant visa, see
Person, as used in subchapter I of this chapter and this subchapter, see
Service, see
United States, see
Reentry permit, see
Section Referred to in Other Sections
This section is referred to in
§1323. Unlawful bringing of aliens into United States
(a) Persons liable
It shall be unlawful for any person, including any transportation company, or the owner, master, commanding officer, agent, charterer, or consignee of any vessel or aircraft, to bring to the United States from any place outside thereof (other than from foreign contiguous territory) any alien who does not have a valid passport and an unexpired visa, if a visa was required under this chapter or regulations issued thereunder.
(b) Evidence
If it appears to the satisfaction of the Attorney General that any alien has been so brought, such person, or transportation company, or the master, commanding officer, agent, owner, charterer, or consignee of any such vessel or aircraft, shall pay to the Commissioner a fine of $3,000 for each alien so brought and, except in the case of any such alien who is admitted, or permitted to land temporarily, in addition, an amount equal to that paid by such alien for his transportation from the initial point of departure, indicated in his ticket, to the port of arrival, such latter fine to be delivered by the Commissioner to the alien on whose account the assessment is made. No vessel or aircraft shall be granted clearance pending the determination of the liability to the payment of such fine or while such fine remain 1 unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner.
(c) Remission or refund
Except as provided in subsection (e) of this section, such fine shall not be remitted or refunded, unless it appears to the satisfaction of the Attorney General that such person, and the owner, master, commanding officer, agent, charterer, and consignee of the vessel or aircraft, prior to the departure of the vessel or aircraft from the last port outside the United States, did not know, and could not have ascertained by the exercise of reasonable diligence, that the individual transported was an alien and that a valid passport or visa was required.
(d) Alien stowaways
The owner, charterer, agent, consignee, commanding officer, or master of any vessel or aircraft arriving at the United States from any place outside the United States who fails to deport any alien stowaway on the vessel or aircraft on which such stowaway arrived or on another vessel or aircraft at the expense of the vessel or aircraft on which such stowaway arrived when required to do so by an immigration officer, shall pay to the Commissioner a fine of $3,000 for each alien stowaway, in respect of whom any such failure occurs. Pending final determination of liability for such fine, no such vessel or aircraft shall be granted clearance, except that clearance may be granted upon the deposit of an amount sufficient to cover such fine, or of a bond with sufficient surety to secure the payment thereof approved by the Commissioner. The provisions of
(e) Reduction, refund, or waiver
A fine under this section may be reduced, refunded, or waived under such regulations as the Attorney General shall prescribe in cases in which—
(1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures prescribed by the Attorney General, or
(2) circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.
(June 27, 1952, ch. 477, title II, ch. 8, §273,
Amendments
1994—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1991—Subsec. (b).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date of 1994 Amendment
Section 209(b) of
Amendment by section 219(p) of
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 543(a)(10) of
Cross References
Definition of alien, attorney general, immigration officer, and United States, see
Funds collected to be held in trust, see
Revocation of visas or documents, notice prior to alien's embarkation as prerequisite to imposition of penalty, see
Stowaways on vessels and aircraft, penalties generally, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "remains".
§1324. Bringing in and harboring certain aliens
(a) Criminal penalties
(1)(A) Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation; or
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i), be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), or (iv), be fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), or (iv) during and in relation to which the person causes serious bodily injury (as defined in
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), or (iv) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
(2) Any person who, knowing or in reckless disregard of the fact that an alien has not received prior official authorization to come to, enter, or reside in the United States, brings to or attempts to bring to the United States in any manner whatsoever, such alien, regardless of any official action which may later be taken with respect to such alien shall, for each transaction constituting a violation of this paragraph, regardless of the number of aliens involved—
(A) be fined in accordance with title 18 or imprisoned not more than one year, or both; or
(B) in the case of—
(i) a second or subsequent offense,
(ii) an offense done for the purpose of commercial advantage or private financial gain, or
(iii) an offense in which the alien is not upon arrival immediately brought and presented to an appropriate immigration officer at a designated port of entry,
be fined in accordance with title 18 or in the case of a violation of subparagraph (B)(ii), imprisoned not more than 10 years, or both; or in the case of a violation of subparagraph (B)(i) or (B)(iii), imprisoned not more than 5 years, or both..1
(b) Seizure and forfeiture of conveyances; exceptions; officers and authorized persons; disposition of forfeited conveyances; suits and actions
(1) Any conveyance, including any vessel, vehicle, or aircraft, which has been or is being used in the commission of a violation of subsection (a) of this section shall be seized and subject to forfeiture, except that—
(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless it shall appear that the owner or other person in charge of such conveyance was a consenting party or privy to the illegal act; and
(B) no conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any State.
(2) Any conveyance subject to seizure under this section may be seized without warrant if there is probable cause to believe the conveyance has been or is being used in a violation of subsection (a) of this section and circumstances exist where a warrant is not constitutionally required.
(3) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for the violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims and the award of compensation to informers in respect of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this section, insofar as applicable and not inconsistent with the provisions hereof, except that duties imposed on customs officers or other persons regarding the seizure and forfeiture of property under the customs laws shall be performed with respect to seizures and forfeitures carried out under the provisions of this section by such officers or persons authorized for that purpose by the Attorney General.
(4) Whenever a conveyance is forfeited under this section the Attorney General may—
(A) retain the conveyance for official use;
(B) sell the conveyance, in which case the proceeds from any such sale shall be used to pay all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs;
(C) require that the General Services Administration, or the Maritime Administration if appropriate under
(D) dispose of the conveyance in accordance with the terms and conditions of any petition of remission or mitigation of forfeiture granted by the Attorney General.
(5) In all suits or actions brought for the forfeiture of any conveyance seized under this section, where the conveyance is claimed by any person, the burden of proof shall lie upon such claimant, except that probable cause shall be first shown for the institution of such suit or action. In determining whether probable cause exists, any of the following shall be prima facie evidence that an alien involved in the alleged violation had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law:
(A) Records of any judicial or administrative proceeding in which that alien's status was an issue and in which it was determined that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(B) Official records of the Service or of the Department of State showing that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(C) Testimony, by an immigration officer having personal knowledge of the facts concerning that alien's status, that the alien had not received prior official authorization to come to, enter, or reside in the United States or that such alien had come to, entered, or remained in the United States in violation of law.
(c) Authority to arrest
No officer or person shall have authority to make any arrests for a violation of any provision of this section except officers and employees of the Service designated by the Attorney General, either individually or as a member of a class, and all other officers whose duty it is to enforce criminal laws.
(June 27, 1952, ch. 477, title II, ch. 8, §274,
Amendments
1994—Subsec. (a)(1).
Subsec. (a)(2)(B).
1988—Subsec. (a)(1).
Subsec. (b)(4)(C), (5).
1986—Subsec. (a).
"(1) brings into or lands in the United States, by any means of transportation or otherwise, or attempts, by himself or through another, to bring into or land in the United States, by any means of transportation or otherwise;
"(2) knowing that he is in the United States in violation of law, and knowing or having reasonable grounds to believe that his last entry into the United States occurred less than three years prior thereto, transports, or moves, or attempts to transport or move, within the United States by means of transportation or otherwise, in furtherance of such violation of law;
"(3) willfully or knowingly conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, in any place, including any building or any means of transportation; or
"(4) willfully or knowingly encourages or induces, or attempts to encourage or induce, either directly or indirectly, the entry into the United States of—
any alien, including an alien crewman, not duly admitted by an immigration officer or not lawfully entitled to enter or reside within the United States under the terms of this chapter or any other law relating to the immigration or expulsion of aliens, shall be guilty of a felony, and upon conviction thereof shall be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding five years, or both, for each alien in respect to whom any violation of this subsection occurs: Provided, however, That for the purposes of this section, employment (including the usual and normal practices incident to employment) shall not be deemed to constitute harboring."
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4)(C).
Subsec. (b)(4)(D).
Subsec. (b)(5).
1981—Subsec. (b).
1978—Subsecs. (b), (c).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Attorney General, see
Crewman, see
Entry, see
Immigration officer, see
Residence, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1324a. Unlawful employment of aliens
(a) Making employment of unauthorized aliens unlawful
(1) In general
It is unlawful for a person or other entity—
(A) to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to such employment, or
(B)(i) to hire for employment in the United States an individual without complying with the requirements of subsection (b) of this section or (ii) if the person or entity is an agricultural association, agricultural employer, or farm labor contractor (as defined in
(2) Continuing employment
It is unlawful for a person or other entity, after hiring an alien for employment in accordance with paragraph (1), to continue to employ the alien in the United States knowing the alien is (or has become) an unauthorized alien with respect to such employment.
(3) Defense
A person or entity that establishes that it has complied in good faith with the requirements of subsection (b) of this section with respect to the hiring, recruiting, or referral for employment of an alien in the United States has established an affirmative defense that the person or entity has not violated paragraph (1)(A) with respect to such hiring, recruiting, or referral.
(4) Use of labor through contract
For purposes of this section, a person or other entity who uses a contract, subcontract, or exchange, entered into, renegotiated, or extended after November 6, 1986, to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (h)(3) of this section) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).
(5) Use of State employment agency documentation
For purposes of paragraphs (1)(B) and (3), a person or entity shall be deemed to have complied with the requirements of subsection (b) of this section with respect to the hiring of an individual who was referred for such employment by a State employment agency (as defined by the Attorney General), if the person or entity has and retains (for the period and in the manner described in subsection (b)(3) of this section) appropriate documentation of such referral by that agency, which documentation certifies that the agency has complied with the procedures specified in subsection (b) of this section with respect to the individual's referral.
(b) Employment verification system
The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) of this section are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the requirements specified in the following three paragraphs:
(1) Attestation after examination of documentation
(A) In general
The person or entity must attest, under penalty of perjury and on a form designated or established by the Attorney General by regulation, that it has verified that the individual is not an unauthorized alien by examining—
(i) a document described in subparagraph (B), or
(ii) a document described in subparagraph (C) and a document described in subparagraph (D).
A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine. If an individual provides a document or combination of documents that reasonably appears on its face to be genuine and that is sufficient to meet the requirements of the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce such another document.
(B) Documents establishing both employment authorization and identity
A document described in this subparagraph is an individual's—
(i) United States passport;
(ii) certificate of United States citizenship;
(iii) certificate of naturalization;
(iv) unexpired foreign passport, if the passport has an appropriate, unexpired endorsement of the Attorney General authorizing the individual's employment in the United States; or
(v) resident alien card or other alien registration card, if the card—
(I) contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection, and
(II) is evidence of authorization of employment in the United States.
(C) Documents evidencing employment authorization
A document described in this subparagraph is an individual's—
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States);
(ii) certificate of birth in the United States or establishing United States nationality at birth, which certificate the Attorney General finds, by regulation, to be acceptable for purposes of this section; or
(iii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual
A document described in this subparagraph is an individual's—
(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(2) Individual attestation of employment authorization
The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this chapter or by the Attorney General to be hired, recruited, or referred for such employment.
(3) Retention of verification form
After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending—
(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and
(B) in the case of the hiring of an individual—
(i) three years after the date of such hiring, or
(ii) one year after the date the individual's employment is terminated,
whichever is later.
(4) Copying of documentation permitted
Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.
(5) Limitation on use of attestation form
A form designated or established by the Attorney General under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this chapter and
(c) No authorization of national identification cards
Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.
(d) Evaluation and changes in employment verification system
(1) Presidential monitoring and improvements in system
(A) Monitoring
The President shall provide for the monitoring and evaluation of the degree to which the employment verification system established under subsection (b) of this section provides a secure system to determine employment eligibility in the United States and shall examine the suitability of existing Federal and State identification systems for use for this purpose.
(B) Improvements to establish secure system
To the extent that the system established under subsection (b) of this section is found not to be a secure system to determine employment eligibility in the United States, the President shall, subject to paragraph (3) and taking into account the results of any demonstration projects conducted under paragraph (4), implement such changes in (including additions to) the requirements of subsection (b) of this section as may be necessary to establish a secure system to determine employment eligibility in the United States. Such changes in the system may be implemented only if the changes conform to the requirements of paragraph (2).
(2) Restrictions on changes in system
Any change the President proposes to implement under paragraph (1) in the verification system must be designed in a manner so the verification system, as so changed, meets the following requirements:
(A) Reliable determination of identity
The system must be capable of reliably determining whether—
(i) a person with the identity claimed by an employee or prospective employee is eligible to work, and
(ii) the employee or prospective employee is claiming the identity of another individual.
(B) Using of counterfeit-resistant documents
If the system requires that a document be presented to or examined by an employer, the document must be in a form which is resistant to counterfeiting and tampering.
(C) Limited use of system
Any personal information utilized by the system may not be made available to Government agencies, employers, and other persons except to the extent necessary to verify that an individual is not an unauthorized alien.
(D) Privacy of information
The system must protect the privacy and security of personal information and identifiers utilized in the system.
(E) Limited denial of verification
A verification that an employee or prospective employee is eligible to be employed in the United States may not be withheld or revoked under the system for any reason other than that the employee or prospective employee is an unauthorized alien.
(F) Limited use for law enforcement purposes
The system may not be used for law enforcement purposes, other than for enforcement of this chapter or
(G) Restriction on use of new documents
If the system requires individuals to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral, then such document may not be required to be presented for any purpose other than under this chapter (or enforcement of
(3) Notice to Congress before implementing changes
(A) In general
The President may not implement any change under paragraph (1) unless at least—
(i) 60 days,
(ii) one year, in the case of a major change described in subparagraph (D)(iii), or
(iii) two years, in the case of a major change described in clause (i) or (ii) of subparagraph (D),
before the date of implementation of the change, the President has prepared and transmitted to the Committee on the Judiciary of the House of Representatives and to the Committee on the Judiciary of the Senate a written report setting forth the proposed change. If the President proposes to make any change regarding social security account number cards, the President shall transmit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a written report setting forth the proposed change. The President promptly shall cause to have printed in the Federal Register the substance of any major change (described in subparagraph (D)) proposed and reported to Congress.
(B) Contents of report
In any report under subparagraph (A) the President shall include recommendations for the establishment of civil and criminal sanctions for unauthorized use or disclosure of the information or identifiers contained in such system.
(C) Congressional review of major changes
(i) Hearings and review
The Committees on the Judiciary of the House of Representatives and of the Senate shall cause to have printed in the Congressional Record the substance of any major change described in subparagraph (D), shall hold hearings respecting the feasibility and desirability of implementing such a change, and, within the two year period before implementation, shall report to their respective Houses findings on whether or not such a change should be implemented.
(ii) Congressional action
No major change may be implemented unless the Congress specifically provides, in an appropriations or other Act, for funds for implementation of the change.
(D) Major changes defined
As used in this paragraph, the term "major change" means a change which would—
(i) require an individual to present a new card or other document (designed specifically for use for this purpose) at the time of hiring, recruitment, or referral,
(ii) provide for a telephone verification system under which an employer, recruiter, or referrer must transmit to a Federal official information concerning the immigration status of prospective employees and the official transmits to the person, and the person must record, a verification code, or
(iii) require any change in any card used for accounting purposes under the Social Security Act [
(E) General revenue funding of social security card changes
Any costs incurred in developing and implementing any change described in subparagraph (D)(iii) for purposes of this subsection shall not be paid for out of any trust fund established under the Social Security Act [
(4) Demonstration projects
(A) Authority
The President may undertake demonstration projects (consistent with paragraph (2)) of different changes in the requirements of subsection (b) of this section. No such project may extend over a period of longer than five years.
(B) Reports on projects
The President shall report to the Congress on the results of demonstration projects conducted under this paragraph.
(e) Compliance
(1) Complaints and investigations
The Attorney General shall establish procedures—
(A) for individuals and entities to file written, signed complaints respecting potential violations of subsection (a) or (g)(1) of this section,
(B) for the investigation of those complaints which, on their face, have a substantial probability of validity,
(C) for the investigation of such other violations of subsection (a) or (g)(1) of this section as the Attorney General determines to be appropriate, and
(D) for the designation in the Service of a unit which has, as its primary duty, the prosecution of cases of violations of subsection (a) or (g)(1) of this section under this subsection.
(2) Authority in investigations
In conducting investigations and hearings under this subsection—
(A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, and
(B) administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
(3) Hearing
(A) In general
Before imposing an order described in paragraph (4), (5), or (6) against a person or entity under this subsection for a violation of subsection (a) or (g)(1) of this section, the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated subsection (a) or (g)(1) of this section, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (4), (5), or (6).
(4) Cease and desist order with civil money penalty for hiring, recruiting, and referral violations
With respect to a violation of subsection (a)(1)(A) or (a)(2) of this section, the order under this subsection—
(A) shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of—
(i) not less than $250 and not more than $2,000 for each unauthorized alien with respect to whom a violation of either such subsection occurred,
(ii) not less than $2,000 and not more than $5,000 for each such alien in the case of a person or entity previously subject to one order under this paragraph, or
(iii) not less than $3,000 and not more than $10,000 for each such alien in the case of a person or entity previously subject to more than one order under this paragraph; and
(B) may require the person or entity—
(i) to comply with the requirements of subsection (b) of this section (or subsection (d) of this section if applicable) with respect to individuals hired (or recruited or referred for employment for a fee) during a period of up to three years, and
(ii) to take such other remedial action as is appropriate.
In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
(5) Order for civil money penalty for paperwork violations
With respect to a violation of subsection (a)(1)(B) of this section, the order under this subsection shall require the person or entity to pay a civil penalty in an amount of not less than $100 and not more than $1,000 for each individual with respect to whom such violation occurred. In determining the amount of the penalty, due consideration shall be given to the size of the business of the employer being charged, the good faith of the employer, the seriousness of the violation, whether or not the individual was an unauthorized alien, and the history of previous violations.
(6) Order for prohibited indemnity bonds
With respect to a violation of subsection (g)(1) of this section, the order under this subsection may provide for the remedy described in subsection (g)(2) of this section.
(7) Administrative appellate review
The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the Attorney General shall become a final order under this subsection. The Attorney General may not delegate the Attorney General's authority under this paragraph to any entity which has review authority over immigration-related matters.
(8) Judicial review
A person or entity adversely affected by a final order respecting an assessment may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.
(9) Enforcement of orders
If a person or entity fails to comply with a final order issued under this subsection against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review.
(f) Criminal penalties and injunctions for pattern or practice violations
(1) Criminal penalty
Any person or entity which engages in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) of this section shall be fined not more than $3,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than six months for the entire pattern or practice, or both, notwithstanding the provisions of any other Federal law relating to fine levels.
(2) Enjoining of pattern or practice violations
Whenever the Attorney General has reasonable cause to believe that a person or entity is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a) of this section, the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the person or entity, as the Attorney General deems necessary.
(g) Prohibition of indemnity bonds
(1) Prohibition
It is unlawful for a person or other entity, in the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual.
(2) Civil penalty
Any person or entity which is determined, after notice and opportunity for an administrative hearing under subsection (e) of this section, to have violated paragraph (1) shall be subject to a civil penalty of $1,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.
(h) Miscellaneous provisions
(1) Documentation
In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) authorized to be employed in the United States, the Attorney General shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement.
(2) Preemption
The provisions of this section preempt any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
(3) Definition of unauthorized alien
As used in this section, the term "unauthorized alien" means, with respect to the employment of an alien at a particular time, that the alien is not at that time either (A) an alien lawfully admitted for permanent residence, or (B) authorized to be so employed by this chapter or by the Attorney General.
(i) Effective dates
(1) 6-month public information period
During the six-month period beginning on the first day of the first month after November 6, 1986—
(A) the Attorney General, in cooperation with the Secretaries of Agriculture, Commerce, Health and Human Services, Labor, and the Treasury and the Administrator of the Small Business Administration, shall disseminate forms and information to employers, employment agencies, and organizations representing employees and provide for public education respecting the requirements of this section, and
(B) the Attorney General shall not conduct any proceeding, nor issue any order, under this section on the basis of any violation alleged to have occurred during the period.
(2) 12-month first citation period
In the case of a person or entity, in the first instance in which the Attorney General has reason to believe that the person or entity may have violated subsection (a) of this section during the subsequent 12-month period, the Attorney General shall provide a citation to the person or entity indicating that such a violation or violations may have occurred and shall not conduct any proceeding, nor issue any order, under this section on the basis of such alleged violation or violations.
(3) Deferral of enforcement with respect to seasonal agricultural services
(A) In general
Except as provided in subparagraph (B), before the end of the application period (as defined in subparagraph (C)(i)), the Attorney General shall not conduct any proceeding, nor impose any penalty, under this section on the basis of any violation alleged to have occurred with respect to employment of an individual in seasonal agricultural services.
(B) Prohibition of recruitment outside the United States
(i) In general
During the application period, it is unlawful for a person or entity (including a farm labor contractor) or an agent of such a person or entity, to recruit an unauthorized alien (other than an alien described in clause (ii)) who is outside the United States to enter the United States to perform seasonal agricultural services.
(ii) Exception
Clause (i) shall not apply to an alien who the person or entity reasonably believes meets the requirements of
(iii) Penalty for violation
A person, entity, or agent that violates clause (i) shall be deemed to be subject to an order under this section in the same manner as if it had violated subsection (a)(1)(A) of this section, without regard to paragraph (2) of this subsection.
(C) Definitions
In this paragraph:
(i) Application period
The term "application period" means the period described in
(ii) Seasonal agricultural services
The term "seasonal agricultural services" has the meaning given such term in section 1160(h) of this section.
(j) General Accounting Office reports
(1) In general
Beginning one year after November 6, 1986, and at intervals of one year thereafter for a period of three years after such date, the Comptroller General shall prepare and transmit to the Congress and to the taskforce established under subsection (k) of this section a report describing the results of a review of the implementation and enforcement of this section during the preceding twelve-month period, for the purpose of determining if—
(A) such provisions have been carried out satisfactorily;
(B) a pattern of discrimination has resulted against citizens or nationals of the United States or against eligible workers seeking employment; and
(C) an unnecessary regulatory burden has been created for employers hiring such workers.
(2) Determination on discrimination
In each report, the Comptroller General shall make a specific determination as to whether the implementation of this section has resulted in a pattern of discrimination in employment (against other than unauthorized aliens) on the basis of national origin.
(3) Recommendations
If the Comptroller General has determined that such a pattern of discrimination has resulted, the report—
(A) shall include a description of the scope of that discrimination, and
(B) may include recommendations for such legislation as may be appropriate to deter or remedy such discrimination.
(k) Review by taskforce
(1) Establishment of joint taskforce
The Attorney General, jointly with the Chairman of the Commission on Civil Rights and the Chairman of the Equal Employment Opportunity Commission, shall establish a taskforce to review each report of the Comptroller General transmitted under subsection (j)(1) of this section.
(2) Recommendations to Congress
If the report transmitted includes a determination that the implementation of this section has resulted in a pattern of discrimination in employment (against other than unauthorized aliens) on the basis of national origin, the taskforce shall, taking into consideration any recommendations in the report, report to Congress recommendations for such legislation as may be appropriate to deter or remedy such discrimination.
(3) Congressional hearings
The Committees on the Judiciary of the House of Representatives and of the Senate shall hold hearings respecting any report of the taskforce under paragraph (2) within 60 days after the date of receipt of the report.
(l) Termination date for employer sanctions
(1) If report of widespread discrimination and congressional approval
The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under subsection (j) of this section, if—
(A) the Comptroller General determines, and so reports in such report, that a widespread pattern of discrimination has resulted against citizens or nationals of the United States or against eligible workers seeking employment solely from the implementation of this section; and
(B) there is enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report.
(2) Senate procedures for consideration
Any joint resolution referred to in clause (B) of paragraph (1) shall be considered in the Senate in accordance with subsection (n) of this section.
(m) Expedited procedures in House of Representatives
For the purpose of expediting the consideration and adoption of joint resolutions under subsection (l) of this section, a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.
(n) Expedited procedures in Senate
(1) Continuity of session
For purposes of subsection (l) of this section, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated.
(2) Rulemaking power
Paragraphs (3) and (4) of this subsection are enacted—
(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of joint resolutions referred to in subsection (l) of this section, and supersede other rules of the Senate only to the extent that such paragraphs are inconsistent therewith; and
(B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner as in the case of any other rule of the Senate.
(3) Committee consideration
(A) Motion to discharge
If the committee of the Senate to which has been referred a joint resolution relating to the report described in subsection (l) of this section has not reported such joint resolution at the end of ten calendar days after its introduction, not counting any day which is excluded under paragraph (1) of this subsection, it is in order to move either to discharge the committee from further consideration of the joint resolution or to discharge the committee from further consideration of any other joint resolution introduced with respect to the same report which has been referred to the committee, except that no motion to discharge shall be in order after the committee has reported a joint resolution with respect to the same report.
(B) Consideration of motion
A motion to discharge under subparagraph (A) of this paragraph may be made only by a Senator favoring the joint resolution, is privileged, and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the joint resolution, the time to be divided equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(4) Motion to proceed to consideration
(A) In general
A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B) Debate on resolution
Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(C) Debate on motion
Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(D) Motions to limit debate
A motion in the Senate to further limit debate on a joint resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a joint resolution is in order in the Senate.
(June 27, 1952, ch. 477, title II, ch. 8, §274A, as added Nov. 6, 1986,
References in Text
The Social Security Act, referred to in subsec. (d)(3)(D)(iii), (E), is act Aug. 14, 1935, ch. 531,
Amendments
1994—Subsec. (b)(3).
Subsec. (d)(4)(A).
1991—Subsec. (b)(1)(D)(ii).
Subsec. (b)(3).
1990—Subsec. (a)(1).
Subsec. (b)(3).
1988—Subsec. (b)(1)(A).
Subsec. (d)(3)(D).
Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (e)(4)(A)(ii), (iii).
Subsec. (e)(6) to (9).
Subsec. (g)(2).
Subsec. (i)(3)(B)(iii).
Subsec. (j)(1).
Subsec. (j)(2).
Effective Date of 1994 Amendment
Section 219(z) of
Effective Date of 1991 Amendment
Amendment by section 306(b)(2) of
Effective Date of 1990 Amendment
Section 521(b) of
Section 538(b) of
Effective Date of 1988 Amendment
Amendment by
Date of Enactment of This Section for Aliens Employed Under Section 8704 of Title 46 , Shipping
Date of enactment of this section with respect to aliens deemed employed under
Delegation of Authority
Memorandum of President of the United States, Feb. 10, 1992, 57 F.R. 24345, provided:
Memorandum for the Secretary of Health and Human Services
Section 205(c)(2)(F) of the Social Security Act (
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 274A(d)(3)(A) of the Immigration and Nationality Act (the "Act") (
(1) Authorize you to prepare and transmit, to the Committee on the Judiciary and the Committee on Ways and Means of the House of Representatives and to the Committee on the Judiciary and the Committee on Finance of the Senate, a written report regarding the substance of any proposed change in Social Security number cards, to the extent required by section 274A(d)(3)(A) of the Act, and
(2) Authorize you to cause to have printed in the Federal Register the substance of any change in the Social Security number card so proposed and reported to the designated congressional committees, to the extent required by section 274A(d)(3)(A) of the Act.
The authority delegated by this memorandum may be further redelegated within the Department of Health and Human Services.
You are hereby authorized and directed to publish this memorandum in the Federal Register.
George Bush.
Authority of President under subsec. (d)(4) of this section to undertake demonstration projects of different changes in requirements of employment verification system delegated to Attorney General by section 2 of Ex. Ord. No. 12781, Nov. 20, 1991, 56 F.R. 59203, set out as a note under
Pilot Projects for Secure Documents
"(a)
"(b)
"(c)
"(d)
Interim Regulations
Section 101(a)(2) of
Grandfather Provision for Current Employees
Section 101(a)(3) of
"(A) Section 274A(a)(1) of the Immigration and Nationality Act [
"(B) Section 274A(a)(2) of the Immigration and Nationality Act shall not apply to continuing employment of an alien who was hired before the date of the enactment of this Act."
Study of Use of Telephone Verification System for Determining Employment Eligibility of Aliens
Section 101(d) of
"(1) The Attorney General, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall conduct a study for use by the Department of Justice in determining employment eligibility of aliens in the United States. Such study shall concentrate on those data bases that are currently available to the Federal Government which through the use of a telephone and computation capability could be used to verify instantly the employment eligibility status of job applicants who are aliens.
"(2) Such study shall be conducted in conjunction with any existing Federal program which is designed for the purpose of providing information on the resident or employment status of aliens for employers. The study shall include an analysis of costs and benefits which shows the differences in costs and efficiency of having the Federal Government or a contractor perform this service. Such comparisons should include reference to such technical capabilities as processing techniques and time, verification techniques and time, back up safeguards, and audit trail performance.
"(3) Such study shall also concentrate on methods of phone verification which demonstrate the best safety and service standards, the least burden for the employer, the best capability for effective enforcement, and procedures which are within the boundaries of the Privacy Act of 1974 [
"(4) Such study shall be conducted within twelve months of the date of enactment of this Act [Nov. 6, 1986].
"(5) The Attorney General shall prepare and transmit to the Congress a report—
"(A) not later than six months after the date of enactment of this Act, describing the status of such study; and
"(B) not later than twelve months after such date, setting forth the findings of such study."
Feasibility Study of Social Security Number Validation System
Section 101(e) of
Reports on Unauthorized Alien Employment
Section 402 of
"(1) an analysis of the adequacy of the employment verification system provided under subsection (b) of that section;
"(2) a description of the status of the development and implementation of changes in that system under subsection (d) of that section, including the results of any demonstration projects conducted under paragraph (4) of such subsection; and
"(3) an analysis of the impact of the enforcement of that section on—
"(A) the employment, wages, and working conditions of United States workers and on the economy of the United States,
"(B) the number of aliens entering the United States illegally or who fail to maintain legal status after entry, and
"(C) the violation of terms and conditions of nonimmigrant visas by foreign visitors."
[Functions of President under section 402 of
Ex. Ord. No. 12989. Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions
Ex. Ord. No. 12989, Feb. 13, 1996, 61 F.R. 6091, provided:
This order is designed to promote economy and efficiency in Government procurement. Stability and dependability are important elements of economy and efficiency. A contractor whose work force is less stable will be less likely to produce goods and services economically and efficiently than a contractor whose work force is more stable. It remains the policy of this Administration to enforce the immigration laws to the fullest extent, including the detection and deportation of illegal aliens. In these circumstances, contractors cannot rely on the continuing availability and service of illegal aliens, and contractors that choose to employ unauthorized aliens inevitably will have a less stable and less dependable work force than contractors that do not employ such persons. Because of this Administration's vigorous enforcement policy, contractors that employ unauthorized alien workers are necessarily less stable and dependable procurement sources than contractors that do not hire such persons. I find, therefore, that adherence to the general policy of not contracting with providers that knowingly employ unauthorized alien workers will promote economy and efficiency in Federal procurement.
NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) It remains the policy of this Administration to fully and aggressively enforce the antidiscrimination provisions of the Immigration and Nationality Act [
(b) shall receive and may investigate complaints by employees of any entity covered under section 3(a) of this order where such complaints allege noncompliance with the INA employment provisions; and
(c) shall hold such hearings as are required under
(b) The head of the contracting agency may debar the contractor or an organizational unit thereof based on the determination of the Attorney General that it is not in compliance with the INA employment provisions. The Attorney General's determination shall not be reviewable in the debarment proceedings.
(c) The scope of the debarment generally should be limited to those organizational units of a Federal contractor that the Attorney General finds are not in compliance with the INA employment provisions.
(d) The period of the debarment shall be for 1 year and may be extended for additional periods of 1 year if, using the procedures established pursuant to
(e) The Administrator of General Services shall list a debarred contractor or an organizational unit thereof on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs and the contractor or an organizational unit thereof shall be ineligible to participate in any procurement or nonprocurement activities.
(b) The Secretary of Defense, the Administrator of General Services, and the Administrator of the National Aeronautics and Space Administration shall amend the Federal Acquisition Regulation to the extent necessary and appropriate to implement the debarment responsibility and other related responsibilities assigned to heads of contracting departments and agencies under this order.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in
§1324b. Unfair immigration-related employment practices
(a) Prohibition of discrimination based on national origin or citizenship status
(1) General rule
It is an unfair immigration-related employment practice for a person or other entity to discriminate against any individual (other than an unauthorized alien, as defined in
(A) because of such individual's national origin, or
(B) in the case of a protected individual (as defined in paragraph (3)), because of such individual's citizenship status.
(2) Exceptions
Paragraph (1) shall not apply to—
(A) a person or other entity that employs three or fewer employees,
(B) a person's or entity's discrimination because of an individual's national origin if the discrimination with respect to that person or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 [
(C) discrimination because of citizenship status which is otherwise required in order to comply with law, regulation, or executive order, or required by Federal, State, or local government contract, or which the Attorney General determines to be essential for an employer to do business with an agency or department of the Federal, State, or local government.
(3) "Protected individual" defined
As used in paragraph (1), the term "protected individual" means an individual who—
(A) is a citizen or national of the United States, or
(B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under section 1160(a), 1161(a),1 or 1255a(a)(1) of this title, is admitted as a refugee under
(4) Additional exception providing right to prefer equally qualified citizens
Notwithstanding any other provision of this section, it is not an unfair immigration-related employment practice for a person or other entity to prefer to hire, recruit, or refer an individual who is a citizen or national of the United States over another individual who is an alien if the two individuals are equally qualified.
(5) Prohibition of intimidation or retaliation
It is also an unfair immigration-related employment practice for a person or other entity to intimidate, threaten, coerce, or retaliate against any individual for the purpose of interfering with any right or privilege secured under this section or because the individual intends to file or has filed a charge or a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. An individual so intimidated, threatened, coerced, or retaliated against shall be considered, for purposes of subsections (d) and (g) of this section, to have been discriminated against.
(6) Treatment of certain documentary practices as employment practices
For purposes of paragraph (1), a person's or other entity's request, for purposes of satisfying the requirements of
(b) Charges of violations
(1) In general
Except as provided in paragraph (2), any person alleging that the person is adversely affected directly by an unfair immigration-related employment practice (or a person on that person's behalf) or an officer of the Service alleging that an unfair immigration-related employment practice has occurred or is occurring may file a charge respecting such practice or violation with the Special Counsel (appointed under subsection (c) of this section). Charges shall be in writing under oath or affirmation and shall contain such information as the Attorney General requires. The Special Counsel by certified mail shall serve a notice of the charge (including the date, place, and circumstances of the alleged unfair immigration-related employment practice) on the person or entity involved within 10 days.
(2) No overlap with EEOC complaints
No charge may be filed respecting an unfair immigration-related employment practice described in subsection (a)(1)(A) of this section if a charge with respect to that practice based on the same set of facts has been filed with the Equal Employment Opportunity Commission under title VII of the Civil Rights Act of 1964 [
(c) Special Counsel
(1) Appointment
The President shall appoint, by and with the advice and consent of the Senate, a Special Counsel for Immigration-Related Unfair Employment Practices (hereinafter in this section referred to as the "Special Counsel") within the Department of Justice to serve for a term of four years. In the case of a vacancy in the office of the Special Counsel the President may designate the officer or employee who shall act as Special Counsel during such vacancy.
(2) Duties
The Special Counsel shall be responsible for investigation of charges and issuance of complaints under this section and in respect of the prosecution of all such complaints before administrative law judges and the exercise of certain functions under subsection (j)(1) of this section.
(3) Compensation
The Special Counsel is entitled to receive compensation at a rate not to exceed the rate now or hereafter provided for grade GS–17 of the General Schedule, under
(4) Regional offices
The Special Counsel, in accordance with regulations of the Attorney General, shall establish such regional offices as may be necessary to carry out his duties.
(d) Investigation of charges
(1) By Special Counsel
The Special Counsel shall investigate each charge received and, within 120 days of the date of the receipt of the charge, determine whether or not there is reasonable cause to believe that the charge is true and whether or not to bring a complaint with respect to the charge before an administrative law judge. The Special Counsel may, on his own initiative, conduct investigations respecting unfair immigration-related employment practices and, based on such an investigation and subject to paragraph (3), file a complaint before such a judge.
(2) Private actions
If the Special Counsel, after receiving such a charge respecting an unfair immigration-related employment practice which alleges knowing and intentional discriminatory activity or a pattern or practice of discriminatory activity, has not filed a complaint before an administrative law judge with respect to such charge within such 120-day period, the Special Counsel shall notify the person making the charge of the determination not to file such a complaint during such period and the person making the charge may (subject to paragraph (3)) file a complaint directly before such a judge within 90 days after the date of receipt of the notice. The Special Counsel's failure to file such a complaint within such 120-day period shall not affect the right of the Special Counsel to investigate the charge or to bring a complaint before an administrative law judge during such 90-day period.
(3) Time limitations on complaints
No complaint may be filed respecting any unfair immigration-related employment practice occurring more than 180 days prior to the date of the filing of the charge with the Special Counsel. This subparagraph shall not prevent the subsequent amending of a charge or complaint under subsection (e)(1) of this section.
(e) Hearings
(1) Notice
Whenever a complaint is made that a person or entity has engaged in or is engaging in any such unfair immigration-related employment practice, an administrative law judge shall have power to issue and cause to be served upon such person or entity a copy of the complaint and a notice of hearing before the judge at a place therein fixed, not less than five days after the serving of the complaint. Any such complaint may be amended by the judge conducting the hearing, upon the motion of the party filing the complaint, in the judge's discretion at any time prior to the issuance of an order based thereon. The person or entity so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint.
(2) Judges hearing cases
Hearings on complaints under this subsection shall be considered before administrative law judges who are specially designated by the Attorney General as having special training respecting employment discrimination and, to the extent practicable, before such judges who only consider cases under this section.
(3) Complainant as party
Any person filing a charge with the Special Counsel respecting an unfair immigration-related employment practice shall be considered a party to any complaint before an administrative law judge respecting such practice and any subsequent appeal respecting that complaint. In the discretion of the judge conducting the hearing, any other person may be allowed to intervene in the proceeding and to present testimony.
(f) Testimony and authority of hearing officers
(1) Testimony
The testimony taken by the administrative law judge shall be reduced to writing. Thereafter, the judge, in his discretion, upon notice may provide for the taking of further testimony or hear argument.
(2) Authority of administrative law judges
In conducting investigations and hearings under this subsection 2 and in accordance with regulations of the Attorney General, the Special Counsel and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated. The administrative law judges by subpoena may compel the attendance of witnesses and the production of evidence at any designated place or hearing. In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the administrative law judge, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
(g) Determinations
(1) Order
The administrative law judge shall issue and cause to be served on the parties to the proceeding an order, which shall be final unless appealed as provided under subsection (i) of this section.
(2) Orders finding violations
(A) In general
If, upon the preponderance of the evidence, an administrative law judge determines that any person or entity named in the complaint has engaged in or is engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue and cause to be served on such person or entity an order which requires such person or entity to cease and desist from such unfair immigration-related employment practice.
(B) Contents of order
Such an order also may require the person or entity—
(i) to comply with the requirements of
(ii) to retain for the period referred to in clause (i) and only for purposes consistent with
(iii) to hire individuals directly and adversely affected, with or without back pay;
(iv)(I) except as provided in subclauses (II) through (IV), to pay a civil penalty of not less than $250 and not more than $2,000 for each individual discriminated against,
(II) except as provided in subclauses (III) and (IV), in the case of a person or entity previously subject to a single order under this paragraph, to pay a civil penalty of not less than $2,000 and not more than $5,000 for each individual discriminated against,
(III) except as provided in subclause (IV), in the case of a person or entity previously subject to more than one order under this paragraph, to pay a civil penalty of not less than $3,000 and not more than $10,000 for each individual discriminated against, and
(IV) in the case of an unfair immigration-related employment practice described in subsection (a)(6) of this section, to pay a civil penalty of not less than $100 and not more than $1,000 for each individual discriminated against;
(v) to post notices to employees about their rights under this section and employers' obligations under
(vi) to educate all personnel involved in hiring and complying with this section or
(vii) to remove (in an appropriate case) a false performance review or false warning from an employee's personnel file; and
(viii) to lift (in an appropriate case) any restrictions on an employee's assignments, work shifts, or movements.
(C) Limitation on back pay remedy
In providing a remedy under subparagraph (B)(iii), back pay liability shall not accrue from a date more than two years prior to the date of the filing of a charge with the Special Counsel. Interim earnings or amounts earnable with reasonable diligence by the individual or individuals discriminated against shall operate to reduce the back pay otherwise allowable under such paragraph. No order shall require the hiring of an individual as an employee or the payment to an individual of any back pay, if the individual was refused employment for any reason other than discrimination on account of national origin or citizenship status.
(D) Treatment of distinct entities
In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
(3) Orders not finding violations
If upon the preponderance of the evidence an administrative law judge determines that the person or entity named in the complaint has not engaged and is not engaging in any such unfair immigration-related employment practice, then the judge shall state his findings of fact and shall issue an order dismissing the complaint.
(h) Awarding of attorney's fees
In any complaint respecting an unfair immigration-related employment practice, an administrative law judge, in the judge's discretion, may allow a prevailing party, other than the United States, a reasonable attorney's fee, if the losing party's argument is without reasonable foundation in law and fact.
(i) Review of final orders
(1) In general
Not later than 60 days after the entry of such final order, any person aggrieved by such final order may seek a review of such order in the United States court of appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business.
(2) Further review
Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that the same shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in
(j) Court enforcement of administrative orders
(1) In general
If an order of the agency is not appealed under subsection (i)(1) of this section, the Special Counsel (or, if the Special Counsel fails to act, the person filing the charge) may petition the United States district court for the district in which a violation of the order is alleged to have occurred, or in which the respondent resides or transacts business, for the enforcement of the order of the administrative law judge, by filing in such court a written petition praying that such order be enforced.
(2) Court enforcement order
Upon the filing of such petition, the court shall have jurisdiction to make and enter a decree enforcing the order of the administrative law judge. In such a proceeding, the order of the administrative law judge shall not be subject to review.
(3) Enforcement decree in original review
If, upon appeal of an order under subsection (i)(1) of this section, the United States court of appeals does not reverse such order, such court shall have the jurisdiction to make and enter a decree enforcing the order of the administrative law judge.
(4) Awarding of attorneys' fees
In any judicial proceeding under subsection (i) of this section or this subsection, the court, in its discretion, may allow a prevailing party, other than the United States, a reasonable attorney's fee as part of costs but only if the losing party's argument is without reasonable foundation in law and fact.
(k) Termination dates
(1) This section shall not apply to discrimination in hiring, recruiting, or referring, or discharging of individuals occurring after the date of any termination of the provisions of
(2) The provisions of this section shall terminate 30 calendar days after receipt of the last report required to be transmitted under
(A) the Comptroller General determines, and so reports in such report that—
(i) no significant discrimination has resulted, against citizens or nationals of the United States or against any eligible workers seeking employment, from the implementation of
(ii) such section has created an unreasonable burden on employers hiring such workers; and
(B) there has been enacted, within such period of 30 calendar days, a joint resolution stating in substance that the Congress approves the findings of the Comptroller General contained in such report.
The provisions of subsections (m) and (n) of
(l) Dissemination of information concerning anti-discrimination provisions
(1) Not later than 3 months after November 29, 1990, the Special Counsel, in cooperation with the chairman of the Equal Employment Opportunity Commission, the Secretary of Labor, and the Administrator of the Small Business Administration, shall conduct a campaign to disseminate information respecting the rights and remedies prescribed under this section and under title VII of the Civil Rights Act of 1964 [
(2) In order to carry out the campaign under this subsection, the Special Counsel—
(A) may, to the extent deemed appropriate and subject to the availability of appropriations, contract with public and private organizations for outreach activities under the campaign, and
(B) shall consult with the Secretary of Labor, the chairman of the Equal Employment Opportunity Commission, and the heads of such other agencies as may be appropriate.
(3) There are authorized to be appropriated to carry out this subsection $10,000,000 for each fiscal year (beginning with fiscal year 1991).
(June 27, 1952, ch. 477, title II, ch. 8, §274B, as added Nov. 6, 1986,
References in Text
The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and (l)(1), is
Amendments
1994—Subsec. (g)(2)(C).
1991—Subsec. (g)(2)(B)(iv)(II).
Subsec. (g)(2)(B)(iv)(IV).
Subsec. (g)(2)(B)(v), (vi).
Subsec. (g)(2)(B)(vii).
Subsec. (g)(2)(B)(viii).
Subsec. (g)(2)(D).
1990—Subsec. (a)(1)(B).
Subsec. (a)(3).
Subsec. (a)(3)(B).
"(i) is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under
"(ii) evidences an intention to become a citizen of the United States through completing a declaration of intention to become a citizen;
but does not", and in closing provisions substituted "(i)" and "(ii)" for "(I)" and "(II)", respectively.
Subsec. (a)(5).
Subsec. (a)(6).
Subsec. (d)(2).
Subsec. (g)(2)(B)(iii).
Subsec. (g)(2)(B)(iv).
"(I) except as provided in subclause (II), to pay a civil penalty of not more than $1,000 for each individual discriminated against, and
"(II) in the case of a person or entity previously subject to such an order, to pay a civil penalty of not more than $2,000 for each individual discriminated against."
Subsec. (g)(2)(B)(v) to (viii).
Subsec. (l).
1988—Subsec. (a)(1).
Subsec. (e)(3).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B)(ii).
Subsec. (g)(3).
Subsec. (h).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 532(b) of
Section 533(b) of
Section 534(b) of
Section 535(b) of
Section 536(b) of
Section 537(b) of
Section 539(b) of
Effective Date of 1988 Amendment
Amendment by
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
No Effect on EEOC Authority
Section 102(b) of
1 See References in Text note below.
2 So in original. Probably should be "section".
§1324c. Penalties for document fraud
(a) Activities prohibited
It is unlawful for any person or entity knowingly—
(1) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter,
(2) to use, attempt to use, possess, obtain, accept, or receive or to provide any forged, counterfeit, altered, or falsely made document in order to satisfy any requirement of this chapter,
(3) to use or attempt to use or to provide or attempt to provide any document lawfully issued to a person other than the possessor (including a deceased individual) for the purpose of satisfying a requirement of this chapter, or
(4) to accept or receive or to provide any document lawfully issued to a person other than the possessor (including a deceased individual) for the purpose of complying with
(b) Exception
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under
(c) Construction
Nothing in this section shall be construed to diminish or qualify any of the penalties available for activities prohibited by this section but proscribed as well in title 18.
(d) Enforcement
(1) Authority in investigations
In conducting investigations and hearings under this subsection—
(A) immigration officers and administrative law judges shall have reasonable access to examine evidence of any person or entity being investigated, and
(B) administrative law judges, may, if necessary, compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing.
In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph and upon application of the Attorney General, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.
(2) Hearing
(A) In general
Before imposing an order described in paragraph (3) against a person or entity under this subsection for a violation of subsection (a) of this section, the Attorney General shall provide the person or entity with notice and, upon request made within a reasonable time (of not less than 30 days, as established by the Attorney General) of the date of the notice, a hearing respecting the violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of
(C) Issuance of orders
If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity has violated subsection (a) of this section, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (3).
(3) Cease and desist order with civil money penalty
With respect to a violation of subsection (a) of this section, the order under this subsection shall require the person or entity to cease and desist from such violations and to pay a civil penalty in an amount of—
(A) not less than $250 and not more than $2,000 for each document used, accepted, or created and each instance of use, acceptance, or creation, or
(B) in the case of a person or entity previously subject to an order under this paragraph, not less than $2,000 and not more than $5,000 for each document used, accepted, or created and each instance of use, acceptance, or creation.
In applying this subsection in the case of a person or entity composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for employment, without reference to the practices of, and not under the control of or common control with, another subdivision, each such subdivision shall be considered a separate person or entity.
(4) Administrative appellate review
The decision and order of an administrative law judge shall become the final agency decision and order of the Attorney General unless, within 30 days, the Attorney General modifies or vacates the decision and order, in which case the decision and order of the Attorney General shall become a final order under this subsection.
(5) Judicial review
A person or entity adversely affected by a final order under this section may, within 45 days after the date the final order is issued, file a petition in the Court of Appeals for the appropriate circuit for review of the order.
(6) Enforcement of orders
If a person or entity fails to comply with a final order issued under this section against the person or entity, the Attorney General shall file a suit to seek compliance with the order in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final order shall not be subject to review.
(June 27, 1952, ch. 477, title II, ch. 8, §274C, as added Nov. 29, 1990,
Amendments
1994—Subsec. (b).
1991—Subsec. (a)(2) to (4).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date
Section applicable to persons or entities that have committed violations on or after Nov. 29, 1990, see section 544(d) of
Section Referred to in Other Sections
This section is referred to in
§1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(c) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
(June 27, 1952, ch. 477, title II, ch. 8, §275,
Amendments
1991—Subsec. (a).
1990—Subsec. (a).
Subsec. (c).
1986—
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 121(b)(3) of
Amendment by section 543(b)(2) of
Cross References
Definition of entry, immigration laws, immigration officer, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1326. Reentry of deported alien; criminal penalties for reentry of certain deported aliens
(a) Subject to subsection (b) of this section, any alien who—
(1) has been arrested and deported or excluded and deported, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously excluded and deported, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Notwithstanding subsection (a) of this section, in the case of any alien described in such subsection—
(1) whose deportation was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both; or
(2) whose deportation was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both.
For the purposes of this subsection, the term "deportation" includes any agreement in which an alien stipulates to deportation during a criminal trial under either Federal or State law.
(June 27, 1952, ch. 477, title II, ch. 8, §276,
Amendments
1994—Subsec. (b).
1990—Subsec. (a).
1988—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 7345(b) of
Cross References
Definition of alien, Attorney General, entry, and United States, see
Section Referred to in Other Sections
This section is referred to in
§1327. Aiding or assisting certain aliens to enter
Any person who knowingly aids or assists any alien excludable under section 1182(a)(2) (insofar as an alien excludable under such section has been convicted of an aggravated felony) or 1182(a)(3) (other than subparagraph (E) thereof) of this title to enter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to enter the United States, shall be fined under title 18, or imprisoned not more than 10 years, or both.
(June 27, 1952, ch. 477, title II, ch. 8, §277,
Amendments
1990—
1988—
Effective Date of 1990 Amendment
Amendment by section 543(b)(4) of
Amendment by section 603(a)(16) of
Effective Date of 1988 Amendment
Section 7346(b) of
Cross References
Definition of alien, entry, and United States, see
Section Referred to in Other Sections
This section is referred to in title 10 section 374.
§1328. Importation of alien for immoral purpose
The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden. Whoever shall, directly or indirectly, import, or attempt to import into the United States any alien for the purpose of prostitution or for any other immoral purpose, or shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, any alien, in pursuance of such illegal importation, shall be fined under title 18, or imprisoned not more than 10 years, or both. The trial and punishment of offenses under this section may be in any district to or into which such alien is brought in pursuance of importation by the person or persons accused, or in any district in which a violation of any of the provisions of this section occurs. In all prosecutions under this section, the testimony of a husband or wife shall be admissible and competent evidence against each other.
(June 27, 1952, ch. 477, title II, ch. 8, §278,
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of alien and United States, see
Section Referred to in Other Sections
This section is referred to in
§1329. Jurisdiction of district courts
The district courts of the United States shall have jurisdiction of all causes, civil and criminal, arising under any of the provisions of this subchapter. It shall be the duty of the United States attorney of the proper district to prosecute every such suit when brought by the United States. Notwithstanding any other law, such prosecutions or suits may be instituted at any place in the United States at which the violation may occur or at which the person charged with a violation under
(June 27, 1952, ch. 477, title II, ch. 8, §279,
Cross References
Jurisdiction of all offenses against the laws of the United States, see
United States defined, see
§1330. Collection of penalties and expenses
(a) Notwithstanding any other provisions of this subchapter, the withholding or denial of clearance of or a lien upon any vessel or aircraft provided for in
(b) Notwithstanding
(1) for the Immigration and Naturalization Service for activities that enhance enforcement of provisions of this subchapter, including—
(A) the identification, investigation, and apprehension of criminal aliens,
(B) the implementation of the system described in
(C) for the repair, maintenance, or construction on the United States border, in areas experiencing high levels of apprehensions of illegal aliens, of structures to deter illegal entry into the United States; and
(2) for the Executive Office for Immigration Review in the Department of Justice for the purpose of removing the backlogs in the preparation of transcripts of deportation proceedings conducted under
(June 27, 1952, ch. 477, title II, ch. 8, §280,
References in Text
Sections 203(b), 543(a), and 544 of the Immigration Act of 1990, referred to in subsec. (b), are sections 203(b), 543(a), and 544 of
Amendments
1994—Subsec. (b)(1)(C).
1990—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 542(b) of
Cross References
Definition of Attorney General and United States, see
Part IX—Miscellaneous
§1351. Nonimmigrant visa fees
The fees for the furnishing and verification of applications for visas by nonimmigrants of each foreign country and for the issuance of visas to nonimmigrants of each foreign country shall be prescribed by the Secretary of State, if practicable, in amounts corresponding to the total of all visa, entry, residence, or other similar fees, taxes, or charges assessed or levied against nationals of the United States by the foreign countries of which such nonimmigrants are nationals or stateless residents: Provided, That nonimmigrant visas issued to aliens coming to the United States in transit to and from the headquarters district of the United Nations in accordance with the provisions of the Headquarters Agreement shall be gratis.
(June 27, 1952, ch. 477, title II, ch. 9, §281,
References in Text
The Headquarters Agreement, referred to in text, is set out as a note under
Amendments
1968—
1965—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1965 Amendment
For effective date of amendment by
Surcharge for Processing Machine Readable Nonimmigrant Visas
"(1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas.
"(2) Fees collected under the authority of paragraph (1) shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing consular services. Such fees shall remain available for obligation until expended.
"(3) For fiscal years 1994 and 1995, fees deposited under the authority of paragraph (2) may not exceed a total of $107,500,000. For subsequent fiscal years, fees may be collected under the authority of paragraph (1) only in such amounts as shall be prescribed in subsequent authorization Acts.
"(4) The provisions of the Act of August 18, 1856 (Revised Statutes 1726–28;
"(5) No fee or surcharge authorized under paragraph (1) may be charged to a citizen of a country that is a signatory as of the date of enactment of this Act [Apr. 30, 1994] to the North American Free Trade Agreement, except that the Secretary of State may charge such fee or surcharge to a citizen of such a country if the Secretary determines that such country charges a visa application or issuance fee to citizens of the United States."
Provisions directing the continuing effect for specific periods of authorities provided under section 140(a) of
Agreements on Passport Visa Fees
The United States has various bilateral agreements reciprocally waiving or reducing passport fees for nonimmigrants from foreign countries.
Country | Date signed | Entered into force | Citation |
---|---|---|---|
Albania | May 7, 1926 | June 1, 1926 | |
Argentina | April 15, 1942 | June 1, 1942 | |
Australia | Feb. 10, 1950 | Feb. 10, 1950 | 1 UST 457. |
July 29, Aug. 9, 17, 20, 1955 | Aug. 20, 1955 | 6 UST 6225. | |
Mar. 13, June 1, Aug. 19, 1959 | Aug. 19, 1959 | 11 UST 2049. | |
Austria | June 10, 28, July 12, 1949 | July 12, 1949 | |
Bahamas | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Barbados | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Belgium | May 3, 23, 1962 | May 23, 1962 | 13 UST 1246. |
Mar. 9, Apr. 20, 1971 | 22 UST 678. | ||
Brazil | Dec. 16, 17, 1937 | Jan. 1, 1938 | 186 LNTS 413. |
May 26, 1965 | July 25, 1965 | 16 UST 1006. | |
Chile | Aug. 29, 1950 | Sept. 1, 1950 | 1 UST 719. |
China | Jan. 7, 1981 | Jan. 7, 1981 | 32 UST 4533. |
Dec. 2, 1985 | Jan. 2, 1986 | TIAS. | |
Apr. 14, 1993 | May 14, 1993 | ||
Colombia | June 13, 26, 1956, May 22, 1957 | June 21, 1957 | 10 UST 1250. |
June 5, 11, 1957 | 10 UST 1250. | ||
Congo (Brazzaville) | Aug. 19, Sept. 4, 5, 16, 1947 | Sept. 16, 1947 | |
Costa Rica | June 29, 1925 | July 25, 1925 | |
Cyprus | July 11, 1962, Jan. 11, 1963 | Jan. 11, 1963 | 14 UST 6. |
Czech Republic | Dec. 18, 21, 1962 | Dec. 21, 1962 | 13 UST 3842. |
June 20, 1978 | June 20, 1978 | 30 UST 1593. | |
Denmark | July 2, Sept. 29, 1925 | Aug. 6, 1925 | |
June 9, 21, July 7, 8, 1947 | July 8, 1947 | ||
Apr. 30, May 1, 1958 | |||
Dominican Republic | Dec. 14, 16, 1955 | Feb. 1, 1956 | 7 UST 135. |
Ecuador | Dec. 11, 1962, Jan 7, 1963 | Jan. 7, 1963 | 14 UST 757. |
Egypt | June 3, Aug. 1, 1963 | Aug. 1, 1963 | 14 UST 1191. |
El Salvador | Dec. 7, 15, 1953 | Jan. 14, 1954 | 5 UST 859. |
Estonia | Apr. 8, July 28, 1925 | July 28, 1925 | |
Fiji | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Finland | July 7, Aug. 26, Dec. 14, 1955 | Dec. 14, 1955 | 9 UST 1175. |
Feb. 15, 20, 1956 | 9 UST 1179. | ||
Aug. 15, 1958 | Aug. 15, 1958 | 9 UST 1183. | |
France | Aug. 19, Sept. 4, 5, 16, 1947 | Sept. 16, 1947 | |
Mar. 16, 31, 1949 | Mar. 31, 1949 | ||
Sept. 1, 21, 1961 | Sept. 21, 1961 | 12 UST 3197. | |
Germany | Dec. 12, 30, 1952, Jan. 9, 1953 | Feb. 1, 1953 | 4 UST 126. |
Greece | Jan. 7, 29, 1949 | Jan 29, 1949 | |
Grenada | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Guatemala | May 30, 1956 | May 30, 1956 | 7 UST 1075. |
Guyana | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
May 20, July 18, 1970 | Jan. 18, 1971 | 22 UST 233. | |
Honduras | May 20, 27, 1925 | June 1, 1925 | |
Hungary | Mar. 29, Apr. 7, 1976 | Apr. 7, 1976 | 28 UST 1311. |
Feb. 10, 1978 | Apr. 11, 1978 | 30 UST 248. | |
Feb. 10, 1978 | Apr. 11, 1978 | 30 UST 255. | |
Iceland | Nov. 3, Dec. 21, 1925, June 11, 19, 21, 1926 | June 21, 1926 | |
June 4, 1956 | June 4, 1956 | 7 UST 1017. | |
India | July 19, Aug. 11, 1948 | Aug. 11, 1948 | 5 UST 193. |
Iran | Mar. 27, Apr. 20, 21, 1926 | Apr. 21, 1926 | |
Dec. 13, 16, 1976 | Dec. 16, 1976 | 28 UST 8161. | |
Iraq | Feb. 27, 1939 | Feb. 27, 1939 | |
June 6, 1956 | June 6, 1956 | 7 UST 1067. | |
Ireland | Aug. 1, 1949 | Aug. 1, 1949 | |
Israel | Mar. 27, June 1, 1951 | June 1, 1951 | 3 UST 4796. |
Feb. 14, 28, Mar. 2, 1955 | Mar. 2, 1955 | 7 UST 2125. | |
Italy | Feb. 11, 21, 26, 1929 | Mar. 1, 1929 | |
Sept. 28, 29, 1948 | Sept. 29, 1948 | ||
Jamaica | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Japan | May 21, Aug. 12, 26, Sept. 18, 1952 | Sept. 18, 1952 | 5 UST 363. |
Aug. 9, 23, 1966 | Sept. 22, 1966 | 17 UST 1228. | |
Kiribati | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Korea | Mar. 28, 1968 | Apr. 27, 1968 | 19 UST 4789. |
Kuwait | Dec. 11, 27, 1960 | Dec. 27, 1960 | 11 UST 2650. |
Latvia | Feb. 18, Mar. 27, 1935 | Mar. 27, 1935. | |
Lesotho | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Liberia | Aug. 31, 1925 | Aug. 31, 1925 | |
Oct. 27, 28, 1947 | Oct. 28, 1947 | ||
Liechtenstein | Apr. 22, June 18, 30, 1926 | June 30, 1926 | |
Oct. 22, 31, Nov. 4, 13, 1947 | Nov. 13, 1947 | 6 UST 93. | |
Lithuania | Apr. 17, 1937 | Apr. 17, 1937 | |
Luxembourg | Apr. 25, May 22, 26, 1936 | May 26, 1936 | |
Madagascar | Aug. 19, Sept. 4, 5, 16, 1947 | Sept. 16, 1947 | |
Malaysia | Oct. 15, 22, 1954 | ||
Mar. 5, 12, 1958 | |||
Malta | Oct. 31, Dec. 12, 1949 | Dec. 12, 1949 | 64 Stat. B137. |
Mexico | Oct. 28, Nov. 10, 12, 1953 | Nov. 12, 1953 | 5 UST 174. |
May 29, 1974 | 25 UST 1172. | ||
Monaco | Mar. 31, 1952 | Mar. 31, 1952 | 3 UST 3942. |
Mongolia | Aug. 2, 1990 | Aug. 2, 1990 | TIAS. |
Morocco | Mar. 16, 31, 1949 | Mar. 31, 1949 | |
Netherlands | Jan. 21, Feb. 11, Mar. 5, 13, 1946 | Apr. 15, 1946 | |
July 30, Aug. 20, 1947 | Aug. 20, 1947 | ||
New | Mar. 14, 1949 | Mar. 14, 1949 | |
Zealand. | Dec. 16, 1957, May 2, 5, 1958 | May 5, 1958 | 9 UST 913. |
May 13, 1958 | 9 UST 919. | ||
Nicaragua | July 6, Sept. 30, Oct. 22, 1955 | Oct. 22, 1955 | 10 UST 1696. |
Norway | July 7, 29, 1947 | July 29, 1947 | |
Apr. 25, 1958 | |||
Sept. 10, Oct. 19, 1948 | Oct. 19, 1948 | ||
Pakistan | Oct. 10, 18, 1949 | Oct. 18, 1949 | 3 UST 365. |
Aug. 16, Oct. 11, Nov. 19, Dec. 16, 29, 1952, Mar. 19, Apr. 8, 1953 | 4 UST 11. | ||
Aug. 4, Oct. 20, Nov. 25, 29, 1955 | 6 UST 6107. | ||
Mar. 16, June 27, 1959 | June 27, 1959 | 12 UST 1685. | |
Panama | Mar. 27, May 22, 25, 1956 | June 1, 1956 | 7 UST 905. |
June 14, 17, 1971 | June 17, 1971 | 22 UST 815. | |
Peru | Apr. 6, Sept. 26, Oct. 9, 1956 | Sept. 26, 1956 | 8 UST 468. |
Jan. 4, 7, 1957 | 8 UST 468. | ||
Mar. 18, Apr. 23, 1970 | Apr. 23, 1970 | 21 UST 1317. | |
Philippines | Nov. 24, 1952 | Nov. 24, 1952 | 3 UST 5196. |
Poland | Dec. 17, 1962, Jan 21, 1963 | Jan. 21, 1963 | 14 UST 118. |
Portugal | June 7, 1983 | July 7, 1983 | TIAS 10723. |
Romania | Apr. 20, May 14, 26, 1962 | May 26, 1962 | 13 UST 1192. |
May 31, June 17, 1967 | 18 UST 1266. | ||
Sept. 12, Oct. 10, 1977 | Oct. 10, 1977 | 29 UST 4705. | |
Saint Lucia | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Singapore | Oct. 15, 22, 1954 | ||
Mar. 5, 12, 1958 | |||
Slovac Republic | Dec. 18, 21, 1962 | Dec. 21, 1962 | 13 UST 3842. |
June 20, 1978 | June 20, 1978 | 30 UST 1593. | |
South Africa | Mar. 28, Apr. 3, 1956 | May 1, 1956 | 7 UST 631. |
Mar. 31, 1958 | 9 UST 1023. | ||
Spain | Jan. 21, 1952 | Jan. 21, 1952 | 3 UST 2927. |
May 11, July 5, 1963 | 14 UST 1206. | ||
Sri Lanka (Ceylon) | Aug. 25, Sept. 7, 1956 | Sept. 7, 1956 | 8 UST 83. |
Surinam | Jan. 21, Feb. 11, Mar. 5, 13, 1946 | Apr. 15, 1946 | |
Sweden | Apr. 10, 30, 1947 | Apr. 30, 1947 | |
Switzerland | May 11, 1925 | May 11, 1925 | |
Oct. 22, 31, Nov. 4, 13, 1947 | Nov. 13, 1947 | 6 UST 93. | |
Thailand | Sept. 19, 1925 | Sept. 19, 1925 | |
Tonga | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Trinidad and |
Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Tobago. | Oct. 28, Nov. 12, 1969 | Nov. 12, 1969 | 21 UST 1995. |
Tunisia | Mar. 16, 31, 1949 | Mar. 31, 1949 | |
Turkey | June 27, Aug. 8, Sept. 27, Oct. 11, 1955 | Oct. 11, 1955 | 7 UST 337. |
Tuvalu | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Union of Soviet Socialist Republics 1 | Mar. 26, Aug. 11, 20, 1958 Sept. 29, 1975 July 30, 1984 Oct. 31, 1986 |
Aug. 20, 1958 Sept. 29, 1975 July 30, 1984 Oct. 31, 1986 |
9 UST 1413.
27 UST 4258. TIAS. TIAS. |
United Kingdom | Nov. 9, 12, 1948 | Nov. 12, 1948 | |
Uruguay | Nov. 3, 8, 1949 | Nov. 10, 1949 | 64 Stat. B128. |
Venezuela | Jan. 5, 12, 1937 | Jan. 12, 1937 | |
Yugoslavia 1 | Dec. 24, 29, 1925 | Feb. 1, 1926 | |
Mar. 23, 25, 1950 | Mar. 25, 1950 | 1 UST 471. | |
Dec. 30, 1963, Mar. 27, Apr. 4, 1964 | Apr. 15, 1964 | 15 UST 355. | |
China (Taiwan 2) | Dec. 20, 1955, Feb. 20, 1956 | Feb. 20, 1956 | 7 UST 585. |
July 11, Oct. 17, Dec. 7, 1956 | 18 UST 3167. | ||
May 8, June 9, 15, 1970 | 21 UST 2213. |
1 For successor states inquire of the Treaty Office of the United States Department of State.
2 These agreements are administered on a nongovernmental basis by the American Institute in Taiwan pursuant to
Cross References
Definition of the term—
Alien, see
Attorney General, see
Entry, see
Immigrant visa, see
National, see
National of the United States, see
Nonimmigrant alien, see
Nonimmigrant visa, see
Residence, see
Service, see
Reentry permit, see
Section Referred to in Other Sections
This section is referred to in
§1352. Printing of reentry permits and blank forms of manifest and crew lists; sale to public
(a) Reentry permits issued under
(b) The Public Printer is authorized to print for sale to the public by the Superintendent of Documents, upon prepayment, copies of blank forms of manifests and crew lists and such other forms as may be prescribed and authorized by the Attorney General to be sold pursuant to the provisions of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, §282,
Cross References
Definition of Attorney General, see
§1353. Travel expenses and expense of transporting remains of officers and employees dying outside of United States
When officers, inspectors, or other employees of the Service are ordered to perform duties in a foreign country, or are transferred from one station to another, in the United States or in a foreign country, or while performing duties in any foreign country become eligible for voluntary retirement and return to the United States, they shall be allowed their traveling expenses in accordance with such regulations as the Attorney General may deem advisable, and they may also be allowed, within the discretion and under written orders of the Attorney General, the expenses incurred for the transfer of their wives and dependent children, their household effects and other personal property, including the expenses for packing, crating, freight, unpacking, temporary storage, and drayage thereof in accordance with subchapter II of
(June 27, 1952, ch. 477, title II, ch. 9, §283,
Amendments
1988—
Cross References
Definition of Attorney General, Service, and United States, see
§1353a. Officers and employees; overtime services; extra compensation; length of working day
The Attorney General shall fix a reasonable rate of extra compensation for overtime services of immigration officers and employees of the Immigration and Naturalization Service who may be required to remain on duty between the hours of five o'clock postmeridian and eight o'clock antemeridian, or on Sundays or holidays, to perform duties in connection with the examination and landing of passengers and crews of steamships, trains, airplanes, or other vehicles, arriving in the United States from a foreign port by water, land, or air, such rates to be fixed on a basis of one-half day's additional pay for each two hours or fraction thereof of at least one hour that the overtime extends beyond five o'clock postmeridian (but not to exceed two and one-half days' pay for the full period from five o'clock postmeridian to eight o'clock antemeridian) and two additional days' pay for Sunday and holiday duty; in those ports where the customary working hours are other than those heretofore mentioned, the Attorney General is vested with authority to regulate the hours of such employees so as to agree with the prevailing working hours in said ports, but nothing contained in this section shall be construed in any manner to affect or alter the length of a working day for such employees or the overtime pay herein fixed.
(Mar. 2, 1931, ch. 368, §1,
Codification
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
Ex. Ord. No. 6166, is authority for the substitution of "Immigration and Naturalization Service" for "Immigration Service"; and 1940 Reorg. Plan No. V. is authority for the substitution of "Attorney General" for "Secretary of Labor." See note set out under
Section was formerly classified to
Amendments
1952—Act June 27, 1952, substituted "immigration officers" for "inspectors".
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies, and employees by 1950 Reorg. Plan No. 2, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
Cross References
Payment of overtime services or for Sunday or holiday work under this section not prevented by generally applicable premium pay provisions covering government employees, see
Section Referred to in Other Sections
This section is referred to in
§1353b. Extra compensation; payment
The said extra compensation shall be paid by the master, owner, agent, or consignee of such vessel or other conveyance arriving in the United States from a foreign port to the Attorney General, who shall pay the same to the several immigration officers and employees entitled thereto as provided in this section and
(Mar. 2, 1931, ch. 368, §2,
Codification
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
1940 Reorg. Plan No. V is authority for the substitution of "Attorney General" for "Secretary of Labor." See note set out under
Section was formerly classified to
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
Cross References
Maximum charges for inspection and quarantine overtime services, see
Section Referred to in Other Sections
This section is referred to in
§1353c. Immigration officials; service in foreign contiguous territory
Nothing in
(Mar. 4, 1921, ch. 161, §1,
Codification
"
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
Section constituted a part of section 1 of act Mar. 4, 1921, ch. 161,
Section was formerly classified to
Amendments
1954—Act Sept. 3, 1954, amended section generally, substituting "
§1353d. Disposition of money received as extra compensation
Moneys collected on or after July 1, 1941, as extra compensation for overtime service of immigration officers and employees of the Immigration Service pursuant to
(Aug. 22, 1940, ch. 688,
Codification
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
Section was formerly classified to
Amendments
1952—Act June 27, 1952, substituted "immigration officers" for "inspectors".
Transfer of Functions
Functions of all other officers of Department of Justice and functions of all agencies and employees of such Department, with a few exceptions, transferred to Attorney General, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 2, §§1, 2, eff. May 24, 1950, 15 F.R. 3173,
§1354. Applicability to members of the Armed Forces
Nothing contained in this subchapter shall be construed so as to limit, restrict, deny, or affect the coming into or departure from the United States of an alien member of the Armed Forces of the United States who is in the uniform of, or who bears documents identifying him as a member of, such Armed Forces, and who is coming to or departing from the United States under official orders or permit of such Armed Forces: Provided, That nothing contained in this section shall be construed to give to or confer upon any such alien any other privileges, rights, benefits, exemptions, or immunities under this chapter, which are not otherwise specifically granted by this chapter.
(June 27, 1952, ch. 477, title II, ch. 9, §284,
Cross References
Definition of alien and United States, see
§1355. Disposal of privileges at immigrant stations; rentals; retail sale; disposition of receipts
(a) Subject to such conditions and limitations as the Attorney General shall prescribe, all exclusive privileges of exchanging money, transporting passengers or baggage, keeping eating houses, or other like privileges in connection with any United States immigrant station, shall be disposed of to the lowest responsible and capable bidder (other than an alien) in accordance with the provision of
(b) Such articles determined by the Attorney General to be necessary to the health and welfare of aliens detained at any immigrant station, when not otherwise readily procurable by such aliens, may be sold at reasonable prices to such aliens through Government canteens operated by the Service, under such conditions and limitations as the Attorney General shall prescribe.
(c) All rentals or other receipts accruing from the disposal of privileges, and all moneys arising from the sale of articles through Service-operated canteens, authorized by this section, shall be covered into the Treasury to the credit of the appropriation for the enforcement of this subchapter.
(June 27, 1952, ch. 477, title II, ch. 9, §285,
Cross References
Definition of alien, Attorney General, Service, and United States, see
§1356. Disposition of moneys collected under the provisions of this subchapter
(a) Detention, transportation, hospitalization, and all other expenses of detained aliens; expenses of landing stations
All moneys paid into the Treasury to reimburse the Service for detention, transportation, hospitalization, and all other expenses of detained aliens paid from the appropriation for the enforcement of this chapter, and all moneys paid into the Treasury to reimburse the Service for expenses of landing stations referred to in
(b) Purchase of evidence
Moneys expended from appropriations for the Service for the purchase of evidence and subsequently recovered shall be reimbursed to the current appropriation for the Service.
(c) Fees and administrative fines and penalties; exception
Except as otherwise provided in subsection (a) and subsection (b) of this section, or in any other provision of this subchapter, all moneys received in payment of fees and administrative fines and penalties under this subchapter shall be covered into the Treasury as miscellaneous receipts: Provided, however, That all fees received from applicants residing in the Virgin Islands of the United States, and in Guam, required to be paid under
(d) Schedule of fees
In addition to any other fee authorized by law, the Attorney General shall charge and collect $6 per individual for the immigration inspection of each passenger arriving at a port of entry in the United States, or for the preinspection of a passenger in a place outside of the United States prior to such arrival, aboard a commercial aircraft or commercial vessel.
(e) Limitations on fees
(1) No fee shall be charged under subsection (d) of this section for immigration inspection or preinspection provided in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in the following:
(A) Canada,
(B) Mexico,
(C) a territory or possession of the United States, or
(D) any adjacent island (within the meaning of
(2) No fee may be charged under subsection (d) of this section with respect to the arrival of any passenger—
(A) who is in transit to a destination outside the United States, and
(B) for whom immigration inspection services are not provided.
(f) Collection
(1) Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the United States shall—
(A) collect from that individual the fee charged under subsection (d) of this section at the time the document or ticket is issued; and
(B) identify on that document or ticket the fee charged under subsection (d) of this section as a Federal inspection fee.
(2) If—
(A) a document or ticket for transportation of a passenger into the United States is issued in a foreign country; and
(B) the fee charged under subsection (d) of this section is not collected at the time such document or ticket is issued;
the person providing transportation to such passenger shall collect such fee at the time such passenger departs from the United States and shall provide such passenger a receipt for the payment of such fee.
(3) The person who collects fees under paragraph (1) or (2) shall remit those fees to the Attorney General at any time before the date that is thirty-one days after the close of the calendar quarter in which the fees are collected, except the fourth quarter payment for fees collected from airline passengers shall be made on the date that is ten days before the end of the fiscal year, and the first quarter payment shall include any collections made in the preceding quarter that were not remitted with the previous payment. Regulations issued by the Attorney General under this subsection with respect to the collection of the fees charged under subsection (d) of this section and the remittance of such fees to the Treasury of the United States shall be consistent with the regulations issued by the Secretary of the Treasury for the collection and remittance of the taxes imposed by subchapter C of
(g) Provision of immigration inspection and preinspection services
Notwithstanding
(1) immigration serviced airports, and
(2) places located outside of the United States at which an immigration officer is stationed for the purpose of providing such immigration services.
(h) Disposition of receipts
(1)(A) There is established in the general fund of the Treasury a separate account which shall be known as the "Immigration User Fee Account". Notwithstanding any other section of this subchapter, there shall be deposited as offsetting receipts into the Immigration User Fee Account all fees collected under subsection (d) of this section, to remain available until expended. At the end of each 2-year period, beginning with the creation of this account, the Attorney General, following a public rulemaking with opportunity for notice and comment, shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing these services.
(B) Notwithstanding any other provisions of law, all civil fines or penalties collected pursuant to
(2)(A) The Secretary of the Treasury shall refund out of the Immigration User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Attorney General in providing immigration inspection and preinspection services for commercial aircraft or vessels and in—
(i) providing overtime immigration inspection services for commercial aircraft or vessels;
(ii) administration of debt recovery, including the establishment and operation of a national collections office;
(iii) expansion, operation and maintenance of information systems for nonimmigrant control and debt collection;
(iv) detection of fraudulent documents used by passengers traveling to the United States; and 1
(v) providing detention and deportation services for: excludable aliens arriving on commercial aircraft and vessels; and any alien who is excludable under
(vi) providing exclusion and asylum proceedings at air or sea ports-of-entry for: excludable aliens arriving on commercial aircraft and vessels including immigration exclusion proceedings resulting from presentation of fraudulent documents and failure to present documentation; and any alien who is excludable under
(B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Attorney General of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amount required to be refunded under subparagraph (A).
(i) Reimbursement
Notwithstanding any other provision of law, the Attorney General is authorized to receive reimbursement from the owner, operator, or agent of a private or commercial aircraft or vessel, or from any airport or seaport authority for expenses incurred by the Attorney General in providing immigration inspection services which are rendered at the request of such person or authority (including the salary and expenses of individuals employed by the Attorney General to provide such immigration inspection services). The Attorney General's authority to receive such reimbursement shall terminate immediately upon the provision for such services by appropriation.
(j) Regulations
The Attorney General may prescribe such rules and regulations as may be necessary to carry out the provisions of this section.
(k) Advisory committee
In accordance with the provisions of the Federal Advisory Committee Act, the Attorney General shall establish an advisory committee, whose membership shall consist of representatives from the airline and other transportation industries who may be subject to any fee or charge authorized by law or proposed by the Immigration and Naturalization Service for the purpose of covering expenses incurred by the Immigration and Naturalization Service. The advisory committee shall meet on a periodic basis and shall advise the Attorney General on issues related to the performance of the inspectional services of the Immigration and Naturalization Service. This advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Attorney General shall give substantial consideration to the views of the advisory committee in the exercise of his duties.
(l) Report to Congress
In addition to the reporting requirements established pursuant to subsection (h) of this section, the Attorney General shall prepare and submit annually to the Congress, not later than March 31st of each year, a statement of the financial condition of the "Immigration User Fee Account" including beginning account balance, revenues, withdrawals and their purpose, ending balance, projections for the ensuing fiscal year and a full and complete workload analysis showing on a port by port basis the current and projected need for inspectors. The statement shall indicate the success rate of the Immigration and Naturalization Service in meeting the forty-five minute inspection standard and shall provide detailed statistics regarding the number of passengers inspected within the standard, progress that is being made to expand the utilization of United States citizen by-pass, the number of passengers for whom the standard is not met and the length of their delay, locational breakdown of these statistics and the steps being taken to correct any nonconformity.
(m) Immigration Examinations Fee Account
Notwithstanding any other provisions of law, all adjudication fees as are designated by the Attorney General in regulations shall be deposited as offsetting receipts into a separate account entitled "Immigration Examinations Fee Account" in the Treasury of the United States, whether collected directly by the Attorney General or through clerks of courts: Provided, however, That all fees received by the Attorney General from applicants residing in the Virgin Islands of the United States, and in Guam, under this subsection shall be paid over to the treasury of the Virgin Islands and to the treasury of Guam: Provided further, That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, including the costs of similar services provided without charge to asylum applicants or other immigrants. Such fees may also be set at a level that will recover any additional costs associated with the administration of the fees collected.
(n) Reimbursement of administrative expenses; transfer of deposits to General Fund of United States Treasury
All deposits into the "Immigration Examinations Fee Account" shall remain available until expended to the Attorney General to reimburse any appropriation the amount paid out of such appropriation for expenses in providing immigration adjudication and naturalization services and the collection, safeguarding and accounting for fees deposited in and funds reimbursed from the "Immigration Examinations Fee Account".
(o) Annual financial reports to Congress
The Attorney General shall prepare and submit annually to Congress statements of financial condition of the "Immigration Examinations Fee Account", including beginning account balance, revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year.
(p) Additional effective dates
The provisions set forth in subsections (m), (n), and (o) of this section apply to adjudication and naturalization services performed and to related fees collected on or after October 1, 1988.
(q) Land Border Inspection Fee Account
(1) Notwithstanding any other provision of law, the Attorney General is authorized to establish, by regulation, a project under which a fee may be charged and collected for inspection services provided at one or more land border points of entry. Such project may include the establishment of commuter lanes to be made available to qualified United States citizens and aliens, as determined by the Attorney General.
(2) All of the fees collected under this subsection shall be deposited as offsetting receipts in a separate account within the general fund of the Treasury of the United States, to remain available until expended. Such account shall be known as the Land Border Inspection Fee Account.
(3)(A) The Secretary of the Treasury shall refund, at least on a quarterly basis amounts to any appropriations for expenses incurred in providing inspection services at land border points of entry. Such expenses shall include—
(i) the providing of overtime inspection services;
(ii) the expansion, operation and maintenance of information systems for nonimmigrant control;
(iii) the hire of additional permanent and temporary inspectors;
(iv) the minor construction costs associated with the addition of new traffic lanes (with the concurrence of the General Services Administration);
(v) the detection of fraudulent documents used by passengers travelling to the United States;
(vi) providing for the administration of said account.
(B) The amounts required to be refunded from the Land Border Inspection Fee Account for fiscal years 1992 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of
(4) The Attorney General will prepare and submit annually to the Congress statements of financial condition of the Land Border Immigration Fee Account, including beginning account balance, revenues, withdrawals, and ending account balance and projection for the ensuing fiscal year.
(5)(A) The program authorized in this subsection shall terminate on September 30, 1993, unless further authorized by an Act of Congress.
(B) The provisions set forth in this subsection shall take effect 30 days after submission of a written plan by the Attorney General detailing the proposed implementation of the project specified in paragraph (1).
(C) If implemented, the Attorney General shall prepare and submit on a quarterly basis, until September 30, 1993, a status report on the land border inspection project.
(r) Breached Bond/Detention Fund
(1) Notwithstanding any other provision of law, there is established in the general fund of the Treasury a separate account which shall be known as the Breached Bond/Detention Fund (in this subsection referred to as the "Fund").
(2) There shall be deposited as offsetting receipts into the Fund all breached cash and surety bonds, in excess of $8,000,000, posted under this chapter which are recovered by the Department of Justice.
(3) Such amounts as are deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, at least on a quarterly basis, to the Immigration and Naturalization Service for the following purposes—
(i) for expenses incurred in the collection of breached bonds, and
(ii) for expenses associated with the detention of illegal aliens.
(4) The amount required to be refunded from Fund 3 for fiscal year 1994 and thereafter shall be refunded in accordance with estimates made in the budget request of the Attorney General for those fiscal years: Provided, That any proposed changes in the amounts designated in said budget requests shall only be made after notification to the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 606 of
(5) The Attorney General shall prepare and submit annually to the Congress, statements of financial condition of the Fund, including the beginning balance, receipts, refunds to appropriations, transfers to the general fund, and the ending balance.
(6) For fiscal year 1993 only, the Attorney General may transfer up to $1,000,000 from the Immigration User Fee Account to Fund 3 for initial expenses necessary to enhance collection efforts: Provided, That any such transfers shall be refunded from Fund 3 back to the Immigration User Fee Account by December 31, 1993.
(June 27, 1952, ch. 477, title II, ch. 9, §286,
References in Text
Subchapter C of
The Federal Advisory Committee Act, referred to in subsec. (k), is
Section 606 of
Section 606 of
Amendments
1994—Subsec. (r).
Subsec. (r)(1).
Subsec. (r)(2).
Subsec. (r)(4).
Subsec. (r)(5).
Subsec. (r)(6).
1993—Subsec. (d).
Subsec. (h)(2)(A)(v), (vi).
1992—Subsec. (r).
1991—Subsec. (e)(1)(D).
Subsec. (f)(3).
Subsec. (h)(1)(A).
Subsec. (m).
Subsec. (n).
Subsec. (o).
Subsec. (p).
Subsec. (q)(2).
Subsec. (q)(3)(A).
Subsec. (q)(5)(B).
1990—Subsec. (e)(1).
Subsec. (f)(3).
Subsec. (g).
Subsec. (h)(1)(A).
Subsec. (l).
Subsec. (m).
Subsec. (q).
1989—Subsec. (n).
1988—Subsec. (a).
Subsecs. (d) to (l).
Subsec. (f)(3).
Subsec. (g).
Subsec. (h)(1)(A).
Subsec. (h)(1)(B).
Subsec. (h)(2)(A).
Subsec. (i).
Subsec. (l).
"(1) The provisions of this section and the amendments made by this section, shall apply with respect to immigration inspection services rendered after November 30, 1986.
"(2) Fees may be charged under subsection (d) of this section only with respect to immigration inspection services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after November 30, 1986."
Subsecs. (m) to (p).
1987—Subsec. (h)(1)(A).
1986—Subsec. (a).
Subsecs. (d) to (l).
1981—Subsecs. (b), (c).
Effective Date of 1994 Amendment
Section 219(t) of
Effective Date of 1991 Amendment
Section 309(a)(3) of
Effective Date of 1990 Amendment
Section 210(b) of
Effective Date of 1988 Amendment
Amendment by section 4(a)(1), (2)(A) of
Amendment by section 8(f) of
Effective Date of 1986 Amendments
Amendment by section 7(d)(1) of
"(1) The amendments made by subsection (a) [amending this section] shall apply with respect to immigration inspection services rendered after November 30, 1986.
"(2) Fees may be charged under section 286(d) of the Immigration and Nationality Act [
Effective Date of 1981 Amendment
Amendment by
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Deposit of Receipts From Increased Charge for Immigrant Visas Caused by Processing Fingerprints
Extension of Land Border Fee Pilot Project
Title I of
Cross References
Definition of alien and Service, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "and" probably should not appear.
2 So in original. The period probably should be "; and".
3 So in original. Probably should be preceded by "the".
§1357. Powers of immigration officers and employees
(a) Powers without warrant
Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—
(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;
(2) to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, or expulsion of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States;
(3) within a reasonable distance from any external boundary of the United States, to board and search for aliens any vessel within the territorial waters of the United States and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles from any such external boundary to have access to private lands, but not dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens into the United States;
(4) to make arrests for felonies which have been committed and which are cognizable under any law of the United States regulating the admission, exclusion, or expulsion of aliens, if he has reason to believe that the person so arrested is guilty of such felony and if there is likelihood of the person escaping before a warrant can be obtained for his arrest, but the person arrested shall be taken without unnecessary delay before the nearest available officer empowered to commit persons charged with offenses against the laws of the United States; and
(5) to make arrests—
(A) for any offense against the United States, if the offense is committed in the officer's or employee's presence, or
(B) for any felony cognizable under the laws of the United States, if the officer or employee has reasonable grounds to believe that the person to be arrested has committed or is committing such a felony,
if the officer or employee is performing duties relating to the enforcement of the immigration laws at the time of the arrest and if there is a likelihood of the person escaping before a warrant can be obtained for his arrest.
Under regulations prescribed by the Attorney General, an officer or employee of the Service may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or other process issued under the authority of the United States. The authority to make arrests under paragraph (5)(B) shall only be effective on and after the date on which the Attorney General publishes final regulations which (i) prescribe the categories of officers and employees of the Service who may use force (including deadly force) and the circumstances under which such force may be used, (ii) establish standards with respect to enforcement activities of the Service, (iii) require that any officer or employee of the Service is not authorized to make arrests under paragraph (5)(B) unless the officer or employee has received certification as having completed a training program which covers such arrests and standards described in clause (ii), and (iv) establish an expedited, internal review process for violations of such standards, which process is consistent with standard agency procedure regarding confidentiality of matters related to internal investigations.
(b) Administration of oath; taking of evidence
Any officer or employee of the Service designated by the Attorney General, whether individually or as one of a class, shall have power and authority to administer oaths and to take and consider evidence concerning the privilege of any person to enter, reenter, pass through, or reside in the United States, or concerning any matter which is material or relevant to the enforcement of this chapter and the administration of the Service; and any person to whom such oath has been administered, (or who has executed an unsworn declaration, certificate, verification, or statement under penalty of perjury as permitted under
(c) Search without warrant
Any officer or employee of the Service authorized and designated under regulations prescribed by the Attorney General, whether individually or as one of a class, shall have power to conduct a search, without warrant, of the person, and of the personal effects in the possession of any person seeking admission to the United States, concerning whom such officer or employee may have reasonable cause to suspect that grounds exist for exclusion from the United States under this chapter which would be disclosed by such search.
(d) Detainer of aliens for violation of controlled substances laws
In the case of an alien who is arrested by a Federal, State, or local law enforcement official for a violation of any law relating to controlled substances, if the official (or another official)—
(1) has reason to believe that the alien may not have been lawfully admitted to the United States or otherwise is not lawfully present in the United States,
(2) expeditiously informs an appropriate officer or employee of the Service authorized and designated by the Attorney General of the arrest and of facts concerning the status of the alien, and
(3) requests the Service to determine promptly whether or not to issue a detainer to detain the alien,
the officer or employee of the Service shall promptly determine whether or not to issue such a detainer. If such a detainer is issued and the alien is not otherwise detained by Federal, State, or local officials, the Attorney General shall effectively and expeditiously take custody of the alien.
(e) Restriction on warrantless entry in case of outdoor agricultural operations
Notwithstanding any other provision of this section other than paragraph (3) of subsection (a) of this section, an officer or employee of the Service may not enter without the consent of the owner (or agent thereof) or a properly executed warrant onto the premises of a farm or other outdoor agricultural operation for the purpose of interrogating a person believed to be an alien as to the person's right to be or to remain in the United States.
(f) Fingerprinting and photographing of certain aliens
(1) Under regulations of the Attorney General, the Commissioner shall provide for the fingerprinting and photographing of each alien 14 years of age or older against whom a proceeding is commenced under
(2) Such fingerprints and photographs shall be made available to Federal, State, and local law enforcement agencies, upon request.
(June 27, 1952, ch. 477, title II, ch. 9, §287,
Amendments
1991—Subsec. (a)(4).
1990—Subsec. (a).
Subsec. (f).
1988—Subsec. (d).
Subsec. (e).
1986—Subsec. (d).
Subsec. (e).
1976—Subsec. (b).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by section 2(e) of
Cross References
Definition of the term—
Alien, see
Attorney General, see
Entry, see
Immigration officer, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1358. Local jurisdiction over immigrant stations
The officers in charge of the various immigrant stations shall admit therein the proper State and local officers charged with the enforcement of the laws of the State or Territory of the United States in which any such immigrant station is located in order that such State and local officers may preserve the peace and make arrests for crimes under the laws of the States and Territories. For the purpose of this section the jurisdiction of such State and local officers and of the State and local courts shall extend over such immigrant stations.
(June 27, 1952, ch. 477, title II, ch. 9, §288,
§1359. Application to American Indians born in Canada
Nothing in this subchapter shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.
(June 27, 1952, ch. 477, title II, ch. 9, §289,
§1360. Establishment of central file; information from other departments and agencies
(a) There shall be established in the office of the Commissioner, for the use of security and enforcement agencies of the Government of the United States, a central index, which shall contain the names of all aliens heretofore admitted to the United States, or excluded therefrom, insofar as such information is available from the existing records of the Service, and the names of all aliens hereafter admitted to the United States, or excluded therefrom, the names of their sponsors of record, if any, and such other relevant information as the Attorney General shall require as an aid to the proper enforcement of this chapter.
(b) Any information in any records kept by any department or agency of the Government as to the identity and location of aliens in the United States shall be made available to the Service upon request made by the Attorney General to the head of any such department or agency.
(c) The Secretary of Health and Human Services shall notify the Attorney General upon request whenever any alien is issued a social security account number and social security card. The Secretary shall also furnish such available information as may be requested by the Attorney General regarding the identity and location of aliens in the United States.
(d) A written certification signed by the Attorney General or by any officer of the Service designated by the Attorney General to make such certification, that after diligent search no record or entry of a specified nature is found to exist in the records of the Service, shall be admissible as evidence in any proceeding as evidence that the records of the Service contain no such record or entry, and shall have the same effect as the testimony of a witness given in open court.
(June 27, 1952, ch. 477, title II, ch. 9, §290,
Amendments
1988—Subsec. (c).
Cross References
Definition of the term—
Alien, see
Attorney General, see
Commissioner, see
Entry, see
Immigration laws, see
Service, see
United States, see
§1361. Burden of proof upon alien
Whenever any person makes application for a visa or any other document required for entry, or makes application for admission, or otherwise attempts to enter the United States, the burden of proof shall be upon such person to establish that he is eligible to receive such visa or such document, or is not subject to exclusion under any provision of this chapter, and, if an alien, that he is entitled to the nonimmigrant, immigrant, special immigrant, immediate relative, or refugee status claimed, as the case may be. If such person fails to establish to the satisfaction of the consular officer that he is eligible to receive a visa or other document required for entry, no visa or other document required for entry shall be issued to such person, nor shall such person be admitted to the United States unless he establishes to the satisfaction of the Attorney General that he is not subject to exclusion under any provision of this chapter. In any deportation proceeding under Part V of this subchapter against any person, the burden of proof shall be upon such person to show the time, place, and manner of his entry into the United States, but in presenting such proof he shall be entitled to the production of his visa or other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry in the custody of the Service. If such burden of proof is not sustained, such person shall be presumed to be in the United States in violation of law.
(June 27, 1952, ch. 477, title II, ch. 9, §291,
Amendments
1981—
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Attorney General, see
Consular officer, see
Entry, see
Nonimmigrant alien, see
Profession, see
Service, see
United States, see
§1362. Right to counsel
In any exclusion or deportation proceedings before a special inquiry officer and in any appeal proceedings before the Attorney General from any such exclusion or deportation proceedings, the person concerned shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose.
(June 27, 1952, ch. 477, title II, ch. 9, §292,
Cross References
Definition of Attorney General and special inquiry officer, see
Section Referred to in Other Sections
This section is referred to in
§1363. Deposit of and interest on cash received to secure immigration bonds
(a) Cash received by the Attorney General as security on an immigration bond shall be deposited in the Treasury of the United States in trust for the obligor on the bond, and shall bear interest payable at a rate determined by the Secretary of the Treasury, except that in no case shall the interest rate exceed 3 per centum per annum. Such interest shall accrue from date of deposit occurring after April 27, 1966, to and including date of withdrawal or date of breach of the immigration bond, whichever occurs first: Provided, That cash received by the Attorney General as security on an immigration bond, and deposited by him in the postal savings system prior to discontinuance of the system, shall accrue interest as provided in this section from the date such cash ceased to accrue interest under the system. Appropriations to the Treasury Department for interest on uninvested funds shall be available for payment of said interest.
(b) The interest accruing on cash received by the Attorney General as security on an immigration bond shall be subject to the same disposition as prescribed for the principal cash, except that interest accruing to the date of breach of the immigration bond shall be paid to the obligor on the bond.
(June 27, 1952, ch. 477, title II, ch. 9, §293, as added July 10, 1970,
§1364. Triennial comprehensive report on immigration
(a) Triennial report
The President shall transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report.
(b) Details in each report
Each report shall include—
(1) the number and classification of aliens admitted (whether as immediate relatives, special immigrants, refugees, or under the preferences classifications, or as nonimmigrants), paroled, or granted asylum, during the relevant period;
(2) a reasonable estimate of the number of aliens who entered the United States during the period without visas or who became deportable during the period under
(3) a description of the impact of admissions and other entries of immigrants, refugees, asylees, and parolees into the United States during the period on the economy, labor and housing markets, the educational system, social services, foreign policy, environmental quality and resources, the rate, size, and distribution of population growth in the United States, and the impact on specific States and local units of government of high rates of immigration resettlement.
(c) History and projections
The information (referred to in subsection (b) of this section) contained in each report shall be—
(1) described for the preceding three-year period, and
(2) projected for the succeeding five-year period, based on reasonable estimates substantiated by the best available evidence.
(d) Recommendations
The President also may include in such report any appropriate recommendations on changes in numerical limitations or other policies under subchapter II of this chapter bearing on the admission and entry of such aliens to the United States.
(
Codification
Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.
Ex. Ord. No. 12789. Delegation of Reporting Functions Under the Immigration Reform and Control Act of 1986
Ex. Ord. No. 12789, Feb. 10, 1992, 57 F.R. 5225, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) perform, except for the functions in section 402(3)(A), the functions vested in the President by section 402 of the Reform Act (
(c) perform, insofar as they relate to the initial report described in section 404(b), the functions vested in the President by section 404 of the Reform Act (
(b) perform the functions vested in the President by section 403 of the Reform Act (
(c) perform, insofar as they relate to the second report described in section 404(c), the functions vested in the President by section 404 of the Reform Act (
George Bush.
§1365. Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals
(a) Reimbursement of States
Subject to the amounts provided in advance in appropriation Acts, the Attorney General shall reimburse a State for the costs incurred by the State for the imprisonment of any illegal alien or Cuban national who is convicted of a felony by such State.
(b) Illegal aliens convicted of a felony
An illegal alien referred to in subsection (a) of this section is any alien who is any alien convicted of a felony who is in the United States unlawfully and—
(1) whose most recent entry into the United States was without inspection, or
(2) whose most recent admission to the United States was as a nonimmigrant and—
(A) whose period of authorized stay as a nonimmigrant expired, or
(B) whose unlawful status was known to the Government,
before the date of the commission of the crime for which the alien is convicted.
(c) Marielito Cubans convicted of a felony
A Marielito Cuban convicted of a felony referred to in subsection (a) of this section is a national of Cuba who—
(1) was allowed by the Attorney General to come to the United States in 1980,
(2) after such arrival committed any violation of State or local law for which a term of imprisonment was imposed, and
(3) at the time of such arrival and at the time of such violation was not an alien lawfully admitted to the United States—
(A) for permanent or temporary residence, or
(B) under the terms of an immigrant visa or a nonimmigrant visa issued,
under the laws of the United States.
(d) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section.
(e) "State" defined
The term 'State' has the meaning given such term in
(
Codification
Section was enacted as part of the Immigration Reform and Control Act of 1986, and not as part of the Immigration and Nationality Act which comprises this chapter.
Regulations
Cross References
Assistance to States and counties for costs of incarcerating certain Cuban nationals, see
SUBCHAPTER III—NATIONALITY AND NATURALIZATION
Subchapter Referred to in Other Sections
This subchapter is referred to in
Part I—Nationality at Birth and Collective Naturalization
§1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;
(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;
(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
(June 27, 1952, ch. 477, title III, ch. 1, §301,
Amendments
1994—Subsec. (h).
1986—Subsec. (g).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1972—Subsec. (b).
Subsec. (d).
1966—Subsec. (a)(7).
Effective Date of 1986 Amendment
Section 23(d) of
Effective Date of 1978 Amendment
Section 1 of
Effective Date
Chapter effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Waiver of Retention Requirements
Section 101(b) of
Retroactive Application of 1994 Amendment
Section 101(c) of
"(1) Except as provided in paragraph (2), the immigration and nationality laws of the United States shall be applied (to persons born before, on, or after the date of the enactment of this Act [Oct. 25, 1994]) as though the amendment made by subsection (a) [amending this section], and subsection (b) [enacting provisions set out above], had been in effect as of the date of their birth, except that the retroactive application of the amendment and that subsection shall not affect the validity of citizenship of anyone who has obtained citizenship under section 1993 of the Revised Statutes [former
"(2) The retroactive application of the amendment made by subsection (a), and subsection (b), shall not confer citizenship on, or affect the validity of any denaturalization, deportation, or exclusion action against, any person who is or was excludable from the United States under section 212(a)(3)(E) of the Immigration and Nationality Act (
Application of 1994 Amendment to Transmission of Citizenship
Section 101(d) of
Admission of Alaska as State
Alaska Statehood provisions as not conferring, terminating, or restoring United States nationality, see section 21 of
Cross References
Definition of the term—
Alien, see
National of the United States, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Residence, see
United States, see
Persons born and naturalized in United States and subject to its jurisdiction as citizens of United States and State wherein they reside, see Const. Art. XIV, §1.
Section Referred to in Other Sections
This section is referred to in
§1401a. Birth abroad before 1952 to service parent
(Mar. 16, 1956, ch. 85,
References in Text
Section 201(g) and (i) of the Nationality Act of 1940, referred to in text, which were repealed by act June 27, 1952, ch. 477, title IV, §403(a)(42),
"The following shall be nationals and citizens of the United States at birth:
* * * * *
"(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.
"The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation:
* * * * *
"(i) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who has served or shall serve honorably in the armed forces of the United States after December 7, 1941, and before the date of the termination of hostilities in the present war as proclaimed by the President or determined by a joint resolution by the Congress and who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of twelve years, the other being an alien: Provided, That in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease."
Codification
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
Amendments
1981—
Effective Date of 1981 Amendment
Amendment by
§1401b. Repealed. Pub. L. 92–584, §2, Oct. 27, 1972, 86 Stat. 1289
Section,
§1402. Persons born in Puerto Rico on or after April 11, 1899
All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941. All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §302,
Cross References
United States defined, see
§1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
(a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.
(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this chapter, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, or its successor in title, is declared to be a citizen of the United States.
(June 27, 1952, ch. 477, title III, ch. 1, §303,
References in Text
For definition of Canal Zone, referred to in text, see
The effective date of this chapter, referred to in text, is the 180th day immediately following June 27, 1952. See section 407 of act June 27, 1952, set out as an Effective Date note under
Change of Name
Panama Railroad Company redesignated Panama Canal Company by act Sept. 26, 1950, ch. 1049, §2(a)(2),
Cross References
United States defined, see
Section Referred to in Other Sections
This section is referred to in
§1404. Persons born in Alaska on or after March 30, 1867
A person born in Alaska on or after March 30, 1867, except a noncitizen Indian, is a citizen of the United States at birth. A noncitizen Indian born in Alaska on or after March 30, 1867, and prior to June 2, 1924, is declared to be a citizen of the United States as of June 2, 1924. An Indian born in Alaska on or after June 2, 1924, is a citizen of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §304,
Admission of Alaska as State
Alaska Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 24 of
Cross References
United States defined, see
§1405. Persons born in Hawaii
A person born in Hawaii on or after August 12, 1898, and before April 30, 1900, is declared to be a citizen of the United States as of April 30, 1900. A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth. A person who was a citizen of the Republic of Hawaii on August 12, 1898, is declared to be a citizen of the United States as of April 30, 1900.
(June 27, 1952, ch. 477, title III, ch. 1, §305,
Admission of Hawaii as State
Hawaii Statehood provisions as not repealing, amending, or modifying the provisions of this section, see section 20 of
Cross References
United States defined, see
§1406. Persons living in and born in the Virgin Islands
(a) The following persons and their children born subsequent to January 17, 1917, and prior to February 25,1927, are declared to be citizens of the United States as of February 25, 1927:
(1) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration have heretofore renounced or may hereafter renounce it by a declaration before a court of record;
(2) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and were residing in those islands or in the United States or Puerto Rico on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country;
(3) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in the United States, and were residing in those islands on February 25, 1927, and who were not on February 25, 1927, citizens or subjects of any foreign country; and
(4) All natives of the Virgin Islands of the United States who, on June 28, 1932, were residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or territory of the United States, and who, on June 28, 1932, were not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917.
(b) All persons born in the Virgin Islands of the United States on or after January 17, 1917, and prior to February 25, 1927, and subject to the jurisdiction of the United States are declared to be citizens of the United States as of February 25, 1927; and all persons born in those islands on or after February 25, 1927, and subject to the jurisdiction of the United States, are declared to be citizens of the United States at birth.
(June 27, 1952, ch. 477, title III, ch. 1, §306,
Cross References
Definition of the term—
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
United States, see
§1407. Persons living in and born in Guam
(a) The following persons, and their children born after April 11, 1899, are declared to be citizens of the United States as of August 1, 1950, if they were residing on August 1, 1950, on the island of Guam or other territory over which the United States exercises rights of sovereignty:
(1) All inhabitants of the island of Guam on April 11, 1899, including those temporarily absent from the island on that date, who were Spanish subjects, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality; and
(2) All persons born in the island of Guam who resided in Guam on April 11, 1899, including those temporarily absent from the island on that date, who after that date continued to reside in Guam or other territory over which the United States exercises sovereignty, and who have taken no affirmative steps to preserve or acquire foreign nationality.
(b) All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States: Provided, That in the case of any person born before August 1, 1950, he has taken no affirmative steps to preserve or acquire foreign nationality.
(c) Any person hereinbefore described who is a citizen or national of a country other than the United States and desires to retain his present political status shall have made, prior to August 1, 1952, a declaration under oath of such desire, said declaration to be in form and executed in the manner prescribed by regulations. From and after the making of such a declaration any such person shall be held not to be a national of the United States by virtue of this chapter.
(June 27, 1952, ch. 477, title III, ch. 1, §307,
Cross References
Definition of the term—
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
National, see
National of the United States, see
Residence, see
United States, see
§1408. Nationals but not citizens of the United States at birth
Unless otherwise provided in
(1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession;
(2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person;
(3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and
(4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years—
(A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and
(B) at least five years of which were after attaining the age of fourteen years.
The proviso of
(June 27, 1952, ch. 477, title III, ch. 1, §308,
Amendments
1988—Par. (4).
1986—Par. (4).
Effective Date of 1988 Amendment
Section 3 of
Effective Date of 1986 Amendment
Section 15(b) of
"(1) the status of a national of the United States shall not be considered to be conferred upon the person until the date the person establishes to the satisfaction of the Secretary of State that the person meets the requirements of section 308(4) of the Immigration and Nationality Act [par. (4) of this section], and
"(2) the person shall not be eligible to vote in any general election in American Samoa earlier than January 1, 1987."
Cross References
Definition of the term—
National of the United States, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Residence, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1409. Children born out of wedlock
(a) The provisions of paragraphs (c), (d), (e), and (g) of
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person's birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years—
(A) the person is legitimated under the law of the person's residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405 of this Act, the provisions of
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
(June 27, 1952, ch. 477, title III, ch. 1, §309,
References in Text
Section 405 of this Act, referred to in subsec. (b), is section 405 of act June 27, 1952, ch. 477, title IV,
Amendments
1988—Subsec. (a).
Subsec. (b).
Subsec. (c).
1986—Subsec. (a).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by section 8(k) of
Effective Date of 1986 Amendment
Section 23(e) of
"(1) Except as provided in paragraph (2)(B), the new section 309(a) [
"(2) The old section 309(a) shall apply—
"(A) to any individual who has attained 18 years of age as of the date of the enactment of this Act, and
"(B) any individual with respect to whom paternity was established by legitimation before such date.
"(3) An individual who is at least 15 years of age, but under 18 years of age, as of the date of the enactment of this Act, may elect to have the old section 309(a) apply to the individual instead of the new section 309(a).
"(4) In this subsection:
"(A) The term 'new section 309(a)' means section 309(a) of the Immigration and Nationality Act [
"(B) The term 'old section 309(a)' means section 309(a) of the Immigration and Nationality Act, as in effect before the date of the enactment of this Act."
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
National, see
National of the United States, see
Part II—Nationality Through Naturalization
§1421. Naturalization authority
(a) Authority in Attorney General
The sole authority to naturalize persons as citizens of the United States is conferred upon the Attorney General.
(b) Court authority to administer oaths
(1) Jurisdiction
Subject to
(A) General jurisdiction
Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under
(B) Exclusive authority
An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under
(2) Information
(A) General information
In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General—
(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and
(ii) the Attorney General—
(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under
(II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).
(B) Assignment of individuals in the case of exclusive authority
If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person's application for naturalization, of—
(i) the court's exclusive authority to administer the oath of allegiance under
(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.
If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.
(3) Scope of exclusive authority
(A) Limited period and advance notice required
The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person—
(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and
(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.
(B) Authority of Attorney General
Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) of this section during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person.
(C) Waiver of exclusive authority
Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under
(4) Issuance of certificates
The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance.
(5) Eligible courts
For purposes of this section, the term "eligible court" means—
(A) a district court of the United States in any State, or
(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.
(c) Judicial review
A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under
(d) Sole procedure
A person may only be naturalized as a citizen of the United States in the manner and under the conditions prescribed in this subchapter and not otherwise.
(June 27, 1952, ch. 477, title III, ch. 2, §310,
Amendments
1994—Subsec. (b)(5)(A).
1991—Subsec. (b).
1990—
1988—Subsec. (e).
1961—Subsec. (e).
1959—Subsec. (a).
1958—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 102(c) of title I of
Amendment by section 305(a) of
Effective Date of 1990 Amendment; Savings Provision
Section 408 of title IV of
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(b)
"(c)
"(d)
"(2) As to all such prosecutions, suits, actions, proceedings, statutes, conditions, rights, acts, things, liabilities, obligations, or matters, the provisions of law repealed by this title are, unless otherwise specifically provided, hereby continued in force and effect.
"(e)
"(f)
Admission of Alaska and Hawaii to Statehood
Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see
Cross References
Definition of the term—
Attorney General, see
Naturalization, see
Residence, see
State, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1422. Eligibility for naturalization
The right of a person to become a naturalized citizen of the United States shall not be denied or abridged because of race or sex or because such person is married.
(June 27, 1952, ch. 477, title III, ch. 2, §311,
Amendments
1988—
Cross References
Definition of naturalization and United States, see
§1423. Requirements as to understanding the English language, history, principles and form of government of the United States
(a) No person except as otherwise provided in this subchapter shall hereafter be naturalized as a citizen of the United States upon his own application who cannot demonstrate—
(1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this paragraph relating to ability to read and write shall be met if the applicant can read or write simple words and phrases to the end that a reasonable test of his literacy shall be made and that no extraordinary or unreasonable condition shall be imposed upon the applicant; and
(2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States.
(b)(1) The requirements of subsection (a) of this section shall not apply to any person who is unable because of physical or developmental disability or mental impairment to comply therewith.
(2) The requirement of subsection (a)(1) of this section shall not apply to any person who, on the date of the filing of the person's application for naturalization as provided in
(A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or
(B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence.
(3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) of this section with respect to any person who, on the date of the filing of the person's application for naturalization as provided in
(June 27, 1952, ch. 477, title III, ch. 2, §312,
Amendments
1994—
1991—
1990—Par. (1).
1978—Par. (1).
Effective Date of 1994 Amendment
Section 108(c) of
Effective Date of 1991 Amendment
Section 305(m) of
Regulations
Section 108(d) of
Cross References
Naturalization defined, see
Section Referred to in Other Sections
This section is referred to in
§1424. Prohibition upon the naturalization of persons opposed to government or law, or who favor totalitarian forms of government
(a) Notwithstanding the provisions of section 405(b) of this Act, no person shall hereafter be naturalized as a citizen of the United States—
(1) who advocates or teaches, or who is a member of or affiliated with any organization that advocates or teaches, opposition to all organized government; or
(2) who is a member of or affiliated with (A) the Communist Party of the United States; (B) any other totalitarian party of the United States; (C) the Communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or of any political or geographical subdivision of any foreign state; (E) any section, subsidiary, branch, affiliate, or subdivision of any such association or party; or (F) the direct predecessors or successors of any such association or party, regardless of what name such group or organization may have used, may now bear, or may hereafter adopt, unless such alien establishes that he did not have knowledge or reason to believe at the time he became a member of or affiliated with such an organization (and did not thereafter and prior to the date upon which such organization was so registered or so required to be registered have such knowledge or reason to believe) that such organization was a Communist-front organization; or
(3) who, although not within any of the other provisions of this section, advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, or who is a member of or affiliated with any organization that advocates the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterances or through any written or printed publications issued or published by or with the permission or consent of or under authority of such organization or paid for by the funds of such organization; or
(4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or
(5) who writes or publishes or causes to be written or published, or who knowingly circulates, distributes, prints, or displays, or knowingly causes to be circulated, distributed, printed, published, or displayed, or who knowingly has in his possession for the purpose of circulation, publication, distribution, or display, any written or printed matter, advocating or teaching opposition to all organized government, or advocating (A) the overthrow by force, violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government, because of his or their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or (E) the economic, international, and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship; or
(6) who is a member of or affiliated with any organization that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue, or display, any written or printed matter of the character described in subparagraph (5) of this subsection.
(b) The provisions of this section or of any other section of this title shall not be construed as declaring that any of the organizations referred to in this section or in any other section of this title do not advocate the overthrow of the Government of the United States by force, violence, or other unconstitutional means.
(c) The provisions of this section shall be applicable to any applicant for naturalization who at any time within a period of ten years immediately preceding the filing of the application for naturalization or after such filing and before taking the final oath of citizenship is, or has been found to be within any of the classes enumerated within this section, notwithstanding that at the time the application is filed he may not be included within such classes.
(d) Any person who is within any of the classes described in subsection (a) of this section solely because of past membership in, or past affiliation with, a party or organization may be naturalized without regard to the provisions of subsection (c) of this section if such person establishes that such membership or affiliation is or was involuntary, or occurred and terminated prior to the attainment by such alien of the age of sixteen years, or that such membership or affiliation is or was by operation of law, or was for purposes of obtaining employment, food rations, or other essentials of living and where necessary for such purposes.
(June 27, 1952, ch. 477, title III, ch. 2, §313,
References in Text
Section 405(b) of this Act, referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV,
Amendments
1994—Subsec. (a)(2).
1991—Subsec. (a)(2).
1990—Subsec. (c).
1988—Subsec. (a)(2)(D).
Effective Date of 1994 Amendment
Section 219(v) of
Effective Date
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Cross References
Definition of the term—
Advocates, see
Advocating a doctrine, see
Advocating the doctrines of world communism, see
Affiliation, see
Doctrine, see
Foreign state, see
Naturalization, see
Organization, see
Totalitarian party and totalitarian dictatorship, see
United States, see
World communism, see
Section Referred to in Other Sections
This section is referred to in
§1425. Ineligibility to naturalization of deserters from the Armed Forces
A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military, air, or naval forces of the United States, or who, having been duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or who, whether or not having been duly enrolled, went or shall go beyond the limits of the United States, with intent to avoid any draft into the military, air, or naval service, lawfully ordered, shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the United States; and such deserters and evaders shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof.
(June 27, 1952, ch. 477, title III, ch. 2, §314,
Cross References
Definition of the term—
Ineligible to citizenship, see
Naturalization, see
United States, see
Loss of nationality by deserting military, air or naval forces, see
§1426. Citizenship denied alien relieved of service in Armed Forces because of alienage
(a) Permanent ineligibility
Notwithstanding the provisions of section 405(b) 1 but subject to subsection (c) of this section, any alien who applies or has applied for exemption or discharge from training or service in the Armed Forces or in the National Security Training Corps of the United States on the ground that he is an alien, and is or was relieved or discharged from such training or service on such ground, shall be permanently ineligible to become a citizen of the United States.
(b) Conclusiveness of records
The records of the Selective Service System or of the Department of Defense shall be conclusive as to whether an alien was relieved or discharged from such liability for training or service because he was an alien.
(c) Service in armed forces of foreign country
An alien shall not be ineligible for citizenship under this section or otherwise because of an exemption from training or service in the Armed Forces of the United States pursuant to the exercise of rights under a treaty, if before the time of the exercise of such rights the alien served in the Armed Forces of a foreign country of which the alien was a national.
(June 27, 1952, ch. 477, title III, ch. 2, §315,
References in Text
Section 405(b), referred to in subsec. (a), is section 405(b) of act June 27, 1952, ch. 477, title IV,
Amendments
1990—Subsec. (a).
Subsec. (c).
1988—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Ineligible to citizenship, see
United States, see
National Security Training Corps, persons liable for training and service, see
1 See References in Text note below.
§1427. Requirements of naturalization
(a) Residence
No person, except as otherwise provided in this subchapter, shall be naturalized unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, and (3) during all the period referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
(b) Absences
Absence from the United States of more than six months but less than one year during the period for which continuous residence is required for admission to citizenship, immediately preceding the date of filing the application for naturalization, or during the period between the date of filing the application and the date of any hearing under
Absence from the United States for a continuous period of one year or more during the period for which continuous residence is required for admission to citizenship (whether preceding or subsequent to the filing of the application for naturalization) shall break the continuity of such residence, except that in the case of a person who has been physically present and residing in the United States, after being lawfully admitted for permanent residence, for an uninterrupted period of at least one year, and who thereafter is employed by or under contract with the Government of the United States or an American institution of research recognized as such by the Attorney General, or is employed by an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof more than 50 per centum of whose stock is owned by an American firm or corporation, or is employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence, no period of absence from the United States shall break the continuity of residence if—
(1) prior to the beginning of such period of employment (whether such period begins before or after his departure from the United States), but prior to the expiration of one year of continuous absence from the United States, the person has established to the satisfaction of the Attorney General that his absence from the United States for such period is to be on behalf of such Government, or for the purpose of carrying on scientific research on behalf of such institution, or to be engaged in the development of such foreign trade and commerce or whose residence abroad is necessary to the protection of the property rights in such countries in such firm or corporation, or to be employed by a public international organization of which the United States is a member by treaty or statute and by which the alien was not employed until after being lawfully admitted for permanent residence; and
(2) such person proves to the satisfaction of the Attorney General that his absence from the United States for such period has been for such purpose.
The spouse and dependent unmarried sons and daughters who are members of the household of a person who qualifies for the benefits of this subsection shall also be entitled to such benefits during the period for which they were residing abroad as dependent members of the household of the person.
(c) Physical presence
The granting of the benefits of subsection (b) of this section shall not relieve the applicant from the requirement of physical presence within the United States for the period specified in subsection (a) of this section, except in the case of those persons who are employed by, or under contract with, the Government of the United States. In the case of a person employed by or under contract with Central Intelligence Agency, the requirement in subsection (b) of this section of an uninterrupted period of at least one year of physical presence in the United States may be complied with by such person at any time prior to filing an application for naturalization.
(d) Moral character
No finding by the Attorney General that the applicant is not deportable shall be accepted as conclusive evidence of good moral character.
(e) Determination
In determining whether the applicant has sustained the burden of establishing good moral character and the other qualifications for citizenship specified in subsection (a) of this section, the Attorney General shall not be limited to the applicant's conduct during the five years preceding the filing of the application, but may take into consideration as a basis for such determination the applicant's conduct and acts at any time prior to that period.
(f) Persons making extraordinary contributions to national security
(1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that an applicant otherwise eligible for naturalization has made an extraordinary contribution to the national security of the United States or to the conduct of United States intelligence activities, the applicant may be naturalized without regard to the residence and physical presence requirements of this section, or to the prohibitions of
(2) An applicant for naturalization under this subsection may be administered the oath of allegiance under
(3) The number of aliens naturalized pursuant to this subsection in any fiscal year shall not exceed five. The Director of Central Intelligence shall inform the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives within a reasonable time prior to the filing of each application under the provisions of this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, §316,
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
1985—Subsec. (g).
1981—Subsec. (b).
Effective Date of 1981 Amendment
Amendment by
Cross References
Central Intelligence Agency, see
Definition of the term—
Alien, see
Attorney General, see
Lawfully admitted for permanent residence, see
Naturalization, see
Person of good moral character, see
Residence, see
United States, see
Proof of qualifications, see
Section Referred to in Other Sections
This section is referred to in
§1428. Temporary absence of persons performing religious duties
Any person who is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or any person who is engaged solely by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States as a missionary, brother, nun, or sister, who (1) has been lawfully admitted to the United States for permanent residence, (2) has at any time thereafter and before filing an application for naturalization been physically present and residing within the United States for an uninterrupted period of at least one year, and (3) has heretofore been or may hereafter be absent temporarily from the United States in connection with or for the purpose of performing the ministerial or priestly functions of such religious denomination, or serving as a missionary, brother, nun, or sister, shall be considered as being physically present and residing in the United States for the purpose of naturalization within the meaning of
(June 27, 1952, ch. 477, title III, ch. 2, §317,
Amendments
1990—
Effective Date
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Cross References
Definition of the term—
Attorney General, see
Lawfully admitted for permanent residence, see
Naturalization, see
Organization, see
Residence, see
United States, see
§1429. Prerequisite to naturalization; burden of proof
Except as otherwise provided in this subchapter, no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter. The burden of proof shall be upon such person to show that he entered the United States lawfully, and the time, place, and manner of such entry into the United States, but in presenting such proof he shall be entitled to the production of his immigrant visa, if any, or of other entry document, if any, and of any other documents and records, not considered by the Attorney General to be confidential, pertaining to such entry, in the custody of the Service. Notwithstanding the provisions of section 405(b),1 and except as provided in
(June 27, 1952, ch. 477, title III, ch. 2, §318,
References in Text
Section 405(b), referred to in text, is section 405(b) of act June 27, 1952, ch. 477, title IV,
Amendments
1990—
1968—
Cross References
Definition of the term—
Attorney General, see
Entry, see
Immigrant visa, see
Lawfully admitted for permanent residence, see
Naturalization, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§1430. Married persons and employees of certain nonprofit organizations
(a) Any person whose spouse is a citizen of the United States may be naturalized upon compliance with all the requirements of this subchapter except the provisions of paragraph (1) of
(b) Any person, (1) whose spouse is (A) a citizen of the United States, (B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and (C) regularly stationed abroad in such employment, and (2) who is in the United States at the time of naturalization, and (3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
(c) Any person who (1) is employed by a bona fide United States incorporated nonprofit organization which is principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes United States interests abroad and which is recognized as such by the Attorney General, and (2) has been so employed continuously for a period of not less than five years after a lawful admission for permanent residence, and (3) who files his application for naturalization while so employed or within six months following the termination thereof, and (4) who is in the United States at the time of naturalization, and (5) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon termination of such employment, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified period of physical presence within the United States or any State or district of the Service in the United States, or proof thereof, shall be required.
(d) Any person who is the surviving spouse of a United States citizen, whose citizen spouse dies during a period of honorable service in an active duty status in the Armed Forces of the United States and who was living in marital union with the citizen spouse at the time of his death, may be naturalized upon compliance with all the requirements of this subchapter except that no prior residence or specified physical presence within the United States, or within a State or a district of the Service in the United States shall be required.
(June 27, 1952, ch. 477, title III, ch. 2, §319,
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1968—Subsec. (d).
1967—Subsec. (c).
1958—Subsec. (b).
Requirements for Citizenship for Staff of United States Army Russian Institute
"(a) For purposes of section 319(c) of the Immigration and Nationality Act (
"(b) Subsection (a) shall apply with respect to periods of employment before, on, or after the date of the enactment of this Act [Nov. 30, 1989].
"(c) No more than two persons per year may be naturalized based on the provisions of subsection (a).
"(d) Each instance of naturalization based on the provisions of subsection (a) shall be reported to the Committees on the Judiciary of the Senate and House of Representatives and to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives prior to such naturalization."
Cross References
Definition of the term—
Attorney General, see
Lawfully admitted for permanent residence, see
Naturalization, see
Residence, see
Spouse, see
United States, see
Unmarried, see
Section Referred to in Other Sections
This section is referred to in
§1431. Children born outside United States of one alien and one citizen parent; conditions for automatic citizenship
(a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when—
(1) such naturalization takes place while such child is unmarried and under the age of eighteen years; and
(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent, in the custody of his adoptive parents, pursuant to a lawful admission for permanent residence.
(June 27, 1952, ch. 477, title III, ch. 2, §320,
Amendments
1988—Subsec. (a)(1).
Subsec. (b).
1986—Subsec. (a)(1).
1981—Subsec. (b).
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by section 8(l) of
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
Lawfully admitted for permanent residence, see
Naturalization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Residence, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1432. Children born outside United States of alien parents; conditions for automatic citizenship
(a) A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfillment of the following conditions:
(1) The naturalization of both parents; or
(2) The naturalization of the surviving parent if one of the parents is deceased; or
(3) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents or the naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation; and if
(4) Such naturalization takes place while such child is unmarried and under the age of eighteen years; and
(5) Such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent last naturalized under clause (1) of this subsection, or the parent naturalized under clause (2) or (3) of this subsection, or thereafter begins to reside permanently in the United States while under the age of eighteen years.
(b) Subsection (a) of this section shall apply to an adopted child only if the child is residing in the United States at the time of naturalization of such adoptive parent or parents, in the custody of his adoptive parent or parents, pursuant to a lawful admission for permanent residence.
(June 27, 1952, ch. 477, title III, ch. 2, §321,
Amendments
1988—Subsec. (a)(4).
1986—Subsec. (a)(4).
1981—Subsec. (b).
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
Lawfully admitted for permanent residence, see
Naturalization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Residence, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1433. Child born outside United States; application for certificate of citizenship requirements
(a) Application of citizen parents; requirements
A parent who is a citizen of the United States may apply to the Attorney General for a certificate of citizenship on behalf of a child born outside the United States. The Attorney General shall issue such a certificate of citizenship upon proof to the satisfaction of the Attorney General that the following conditions have been fulfilled:
(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
(2) The child is physically present in the United States pursuant to a lawful admission.
(3) The child is under the age of 18 years and in the legal custody of the citizen parent.
(4) If the citizen parent is an adoptive parent of the child, the child was adopted by the citizen parent before the child reached the age of 16 years and the child meets the requirements for being a child under subparagraph (E) or (F) of
(5) If the citizen parent has not been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years—
(A) the child is residing permanently in the United States with the citizen parent, pursuant to a lawful admission for permanent residence, or
(B) a citizen parent of the citizen parent has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
(b) Attainment of citizenship status; receipt of certificate
Upon approval of the application (which may be filed abroad) and, except as provided in the last sentence of
(c) Adopted children
Subsection (a) of this section shall apply to the adopted child of a United States citizen adoptive parent if the conditions specified in such subsection have been fulfilled.
(June 27, 1952, ch. 477, title III, ch. 2, §322,
Amendments
1994—
1991—
1990—Subsec. (a).
Subsec. (c).
1988—Subsec. (a).
1986—Subsec. (a).
1981—Subsec. (b).
Subsec. (c).
1978—Subsec. (b).
Effective Date of 1994 Amendment
Section 102(d) of
Effective Date of 1991 Amendment
Section 305(m) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
Lawfully admitted for permanent residence, see
Naturalization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Person of good moral character, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1434. Repealed. Pub. L. 95–417, §7, Oct. 5, 1978, 92 Stat. 918
Section, acts June 27, 1952, ch. 477, title III, ch. 2, §323,
§1435. Former citizens regaining citizenship
(a) Requirements
Any person formerly a citizen of the United States who (1) prior to September 22, 1922, lost United States citizenship by marriage to an alien, or by the loss of United States citizenship of such person's spouse, or (2) on or after September 22, 1922, lost United States citizenship by marriage to an alien ineligible to citizenship, may if no other nationality was acquired by an affirmative act of such person other than by marriage be naturalized upon compliance with all requirements of this subchapter, except—
(1) no period of residence or specified period of physical presence within the United States or within the State or district of the Service in the United States where the application is filed shall be required; and
(2) the application need not set forth that it is the intention of the applicant to reside permanently within the United States.
Such person, or any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, shall have, from and after her naturalization, the status of a native-born or naturalized citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein or in any other provision of law shall be construed as conferring United States citizenship retroactively upon such person, or upon any person who was naturalized in accordance with the provisions of section 317(a) of the Nationality Act of 1940, during any period in which such person was not a citizen.
(b) Additional requirements
No person who is otherwise eligible for naturalization in accordance with the provisions of subsection (a) of this section shall be naturalized unless such person shall establish to the satisfaction of the Attorney General that she has been a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States for a period of not less than five years immediately preceding the date of filing an application for naturalization and up to the time of admission to citizenship, and, unless she has resided continuously in the United States since the date of her marriage, has been lawfully admitted for permanent residence prior to filing her application for naturalization.
(c) Oath of allegiance
(1) A woman who was a citizen of the United States at birth and (A) who has or is believed to have lost her United States citizenship solely by reason of her marriage prior to September 22, 1922, to an alien, or by her marriage on or after such date to an alien ineligible to citizenship, (B) whose marriage to such alien shall have terminated subsequent to January 12, 1941, and (C) who has not acquired by an affirmative act other than by marriage any other nationality, shall, from and after taking the oath of allegiance required by
(2) Such oath of allegiance may be taken abroad before a diplomatic or consular officer of the United States, or in the United States before the Attorney General or the judge or clerk of a court described in
(3) Such oath of allegiance shall be entered in the records of the appropriate embassy, legation, consulate, court, or the Attorney General, and, upon demand, a certified copy of the proceedings, including a copy of the oath administered, under the seal of the embassy, legation, consulate, court, or the Attorney General, shall be delivered to such woman at a cost not exceeding $5, which certified copy shall be evidence of the facts stated therein before any court of record or judicial tribunal and in any department or agency of the Government of the United States.
(d) Persons losing citizenship for failure to meet physical presence retention requirement
(1) A person who was a citizen of the United States at birth and lost such citizenship for failure to meet the physical presence retention requirements under
(2) The provisions of paragraphs (2) and (3) of subsection (c) of this section shall apply to a person regaining citizenship under paragraph (1) in the same manner as they apply under subsection (c)(1) of this section.
(June 27, 1952, ch. 477, title III, ch. 2, §324,
References in Text
Section 317(a) and (b) of the Nationality Act of 1940, referred to in subsecs. (a) and (c)(1), which was classified to section 717(a) and (b) of this title, was repealed by section 403(a)(42) of act June 27, 1952. See subsecs. (a) and (c) of this section.
Amendments
1994—Subsec. (d).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
1988—Subsec. (a)(4).
Effective Date of 1994 Amendment
Section 103(b) of
Italian Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections
Section 1 of act Aug. 16, 1951, as amended by section 402(j) of act June 27, 1952, provided: "That a person who, while a citizen of the United States, has lost citizenship of the United States solely by reason of having voted in a political election or plebiscite held in Italy between January 1, 1946, and April 18, 1948, inclusive, and who has not subsequent to such voting committed any act which, had he remained a citizen, would have operated to expatriate him, may be naturalized by taking, prior to two years from the enactment of this Act [June 27, 1952], before any naturalization court specified in subsection (a) of section 310 of the Immigration and Nationality Act [
Japanese Elections; Naturalization of Former Citizens Who Voted in Certain Former Elections
Act July 20, 1954, ch. 553,
Cross References
Definition of the term—
Alien, see
Consular officer, see
Ineligible to citizenship, see
National, see
Naturalization, see
Person of good moral character, see
Residence, see
Spouse, see
United States, see
Unmarried, see
Former citizens losing citizenship by entering armed forces of foreign countries during World War II, see
Section Referred to in Other Sections
This section is referred to in
§1436. Nationals but not citizens; residence within outlying possessions
A person not a citizen who owes permanent allegiance to the United States, and who is otherwise qualified, may, if he becomes a resident of any State, be naturalized upon compliance with the applicable requirements of this subchapter, except that in applications for naturalization filed under the provisions of this section residence and physical presence within the United States within the meaning of this subchapter shall include residence and physical presence within any of the outlying possessions of the United States.
(June 27, 1952, ch. 477, title III, ch. 2, §325,
Amendments
1990—
Cross References
Definition of the term—
National, see
Naturalization, see
Residence, see
United States, see
§1437. Resident Philippine citizens excepted from certain requirements
Any person who (1) was a citizen of the Commonwealth of the Philippines on July 2, 1946, (2) entered the United States prior to May 1, 1934, and (3) has, since such entry, resided continuously in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence for the purpose of applying for naturalization under this subchapter.
(June 27, 1952, ch. 477, title III, ch. 2, §326,
Amendments
1990—
Cross References
Definition of the term—
Entry, see
Lawfully admitted for permanent residence, see
Naturalization, see
Residence, see
United States, see
§1438. Former citizens losing citizenship by entering armed forces of foreign countries during World War II
(a) Requirements; oath; certified copies of oath
Any person who, (1) during World War II and while a citizen of the United States, served in the military, air, or naval forces of any country at war with a country with which the United States was at war after December 7, 1941, and before September 2, 1945, and (2) has lost United States citizenship by reason of entering or serving in such forces, or taking an oath or obligation for the purpose of entering such forces, may, upon compliance with all the provisions of subchapter III of this chapter, except
(b) Exceptions
No person shall be naturalized under subsection (a) of this section unless he—
(1) is, and has been for a period of at least five years immediately preceding taking the oath required in subsection (a) of this section, a person of good moral character, attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States; and
(2) has been lawfully admitted to the United States for permanent residence and intends to reside permanently in the United States.
(c) Status
Any person naturalized in accordance with the provisions of this section, or any person who was naturalized in accordance with the provisions of section 323 of the Nationality Act of 1940, shall have, from and after such naturalization, the status of a native-born, or naturalized, citizen of the United States, whichever status existed in the case of such person prior to the loss of citizenship: Provided, That nothing contained herein, or in any other provision of law, shall be construed as conferring United States citizenship retroactively upon any such person during any period in which such person was not a citizen.
(d) Span of World War II
For the purposes of this section, World War II shall be deemed to have begun on September 1, 1939, and to have terminated on September 2, 1945.
(e) Inapplicability to certain persons
This section shall not apply to any person who during World War II served in the armed forces of a country while such country was at war with the United States
(June 27, 1952, ch. 477, title III, ch. 2, §327,
References in Text
Section 323 of the Nationality Act of 1940, referred to in subsec. (c), which was classified to
Amendments
1990—Subsec. (a).
Cross References
Definition of the term—
Lawfully admitted for permanent residence, see
Naturalization, see
Person of good moral character, see
Residence, see
United States, see
Former citizens regaining citizenship, see
Section Referred to in Other Sections
This section is referred to in
§1439. Naturalization through service in the armed forces
(a) Requirements
A person who has served honorably at any time in the armed forces of the United States for a period or periods aggregating three years, and, who, if separated from such service, was never separated except under honorable conditions, may be naturalized without having resided, continuously immediately preceding the date of filing such person's application, in the United States for at least five years, and in the State or district of the Service in the United States in which the application for naturalization is filed for at least three months, and without having been physically present in the United States for any specified period, if such application is filed while the applicant is still in the service or within six months after the termination of such service.
(b) Exceptions
A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1) no residence within a State or district of the Service in the United States shall be required;
(2) notwithstanding
(3) the applicant shall furnish to the Attorney General, prior to any hearing upon his application, a certified statement from the proper executive department for each period of his service upon which he relies for the benefits of this section, clearly showing that such service was honorable and that no discharges from service, including periods of service not relied upon by him for the benefits of this section, were other than honorable. The certificate or certificates herein provided for shall be conclusive evidence of such service and discharge.
(c) Periods when not in service
In the case such applicant's service was not continuous, the applicant's residence in the United States and State or district of the Service in the United States, good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during any period within five years immediately preceding the date of filing such application between the periods of applicant's service in the Armed Forces, shall be alleged in the application filed under the provisions of subsection (a) of this section, and proved at any hearing thereon. Such allegation and proof shall also be made as to any period between the termination of applicant's service and the filing of the application for naturalization.
(d) Residence requirements
The applicant shall comply with the requirements of
(e) Moral character
Any such period or periods of service under honorable conditions, and good moral character, attachment to the principles of the Constitution of the United States, and favorable disposition toward the good order and happiness of the United States, during such service, shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service, and such authenticated copies of records shall be accepted in lieu of compliance with the provisions of
(June 27, 1952, ch. 477, title III, ch. 2, §328,
Amendments
1991—Subsecs. (b), (c).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1981—Subsec. (b)(2).
1968—Subsec. (b)(2).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Attorney General, see
Naturalization, see
Person of good moral character, see
Residence, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1440. Naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities
(a) Requirements
Any person who, while an alien or a noncitizen national of the United States, has served honorably in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if (1) at the time of enlistment or induction such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: Provided, however, That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces shall be made the basis of an application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service.
(b) Exceptions
A person filing an application under subsection (a) of this section shall comply in all other respects with the requirements of this subchapter, except that—
(1) he may be naturalized regardless of age, and notwithstanding the provisions of
(2) no period of residence or specified period of physical presence within the United States or any State or district of the Service in the United States shall be required; and
(3) service in the military, air or naval forces of the United States shall be proved by a duly authenticated certification from the executive department under which the applicant served or is serving, which shall state whether the applicant served honorably in an active-duty status during either World War I or during a period beginning September 1, 1939, and ending December 31, 1946, or during a period beginning June 25, 1950, and ending July 1, 1955, or during a period beginning February 28, 1961, and ending on a date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and was separated from such service under honorable conditions.
(c) Revocation
Citizenship granted pursuant to this section may be revoked in accordance with
(June 27, 1952, ch. 477, title III, ch. 2, §329,
References in Text
For definition of Canal Zone, referred to in subsec. (a), see
Amendments
1991—Subsecs. (a), (b).
1990—Subsec. (a).
Subsec. (b).
Subsec. (b)(2).
Subsec. (b)(3), (4).
1988—Subsec. (d).
1981—Subsec. (b)(5).
1968—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(4).
1961—Subsecs. (a), (b)(4).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Naturalization of Natives of Philippines Through Certain Active-Duty Service During World War II
"(a)
"(A) the processing of applications for naturalization, including necessary interviews, shall be conducted in the Philippines by employees of the Immigration and Naturalization Service designated pursuant to section 335(b) of the Immigration and Nationality Act of 1952, as amended [
"(B) oaths of allegiance shall be taken in the Philippines by employees of the Immigration and Naturalization Service designated pursuant to section 335(b) of the Immigration and Nationality Act of 1952, as amended.
"(2) Notwithstanding subsection (a)(1), applications for naturalization including necessary interviews may continue to be processed, and oaths of allegiance may continue to be taken in the United States.
"(3) The Attorney General shall prescribe such regulations as may be necessary to carry out this subsection.
"(b)
"(c)
"(d)
"(e)
Section 405 of
"(a)
"(A) who was born in the Philippines and who was residing in the Philippines before the service described in subparagraph (B);
"(B) who served honorably—
"(i) in an active-duty status under the command of the United States Armed Forces in the Far East, or
"(ii) within the Philippine Army, the Philippine Scouts, or recognized guerrilla units,
at any time during the period beginning September 1, 1939, and ending December 31, 1946;
"(C) who is otherwise eligible for naturalization under section 329 of such Act; and
"(D) who applies for naturalization during the 2-year period beginning on the date of the enactment of this Act [Nov. 29, 1990].
"(2) Subject to subsection (c), in applying section 329 of the Immigration and Nationality Act, service described in paragraph (1)(B) is considered to be honorable service in an active-duty status in the military, air, or naval forces of the United States.
"(b) [Repealed.
"(c)
[Section 405 of
Naturalization of Aliens Enlisted in Regular Army
Act June 30, 1950, ch. 443, §4,
Ex. Ord. No. 12081. Termination of Expeditious Naturalization Based on Military Service
Ex. Ord. No. 12081, Sept. 18, 1978, 43 F.R. 42237, provided:
By the authority vested in me as President of the United States of America by Section 329 of the Immigration and Nationality Act, as amended by Sections 1 and 2 of the Act of October 24, 1968 (
Jimmy Carter.
Executive Order No. 12582
Ex. Ord. No. 12582, Feb. 2, 1987, 52 F.R. 3395, which provided for expedited naturalization for aliens and noncitizens who served in the Armed Forces in the Grenada campaign by making them eligible in accordance with statutory exceptions in
Ex. Ord. No. 12939. Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in Active-Duty Status During Persian Gulf Conflict
Ex. Ord. No. 12939, Nov. 22, 1994, 59 F.R. 61231, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
For the purpose of determining qualification for the exception from the usual requirements for naturalization, the period of Persian Gulf Conflict military operations in which the Armed Forces of the United States were engaged in armed conflict with a hostile force commenced on August 2, 1990, and terminated on April 11, 1991. Those persons serving honorably in active-duty status in the Armed Forces of the United States during this period are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in
William J. Clinton.
Cross References
Definition of the term—
Alien, see
Lawfully admitted for permanent residence, see
National of the United States, see
Naturalization, see
Residence, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1440–1. Posthumous citizenship through death while on active-duty service in armed forces during World War I, World War II, the Korean hostilities, the Vietnam hostilities, or in other periods of military hostilities
(a) Permitting granting of posthumous citizenship
Notwithstanding any other provision of this subchapter, the Attorney General shall provide, in accordance with this section, for the granting of posthumous citizenship at the time of death to a person described in subsection (b) of this section if the Attorney General approves an application for that posthumous citizenship under subsection (c) of this section.
(b) Noncitizens eligible for posthumous citizenship
A person referred to in subsection (a) of this section is a person who, while an alien or a noncitizen national of the United States—
(1) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of
(2) died as a result of injury or disease incurred in or aggravated by that service, and
(3) satisfied the requirements of clause (1) or (2) of the first sentence of
The executive department under which the person so served shall determine whether the person satisfied the requirements of paragraphs (1) and (2).
(c) Requests for posthumous citizenship
A request for the granting of posthumous citizenship to a person described in subsection (b) of this section may be filed on behalf of the person only by the next-of-kin (as defined by the Attorney General) or another representative (as defined by the Attorney General). The Attorney General shall approve such a request respecting a person if—
(1) the request is filed not later than 2 years after—
(A) March 6, 1990, or
(B) the date of the person's death, whichever date is later;
(2) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of paragraphs (1) and (2) of subsection (b) of this section; and
(3) the Attorney General finds that the person satisfied the requirement of subsection (b)(3) of this section.
(d) Documentation of posthumous citizenship
If the Attorney General approves such a request to grant a person posthumous citizenship, the Attorney General shall send to the individual who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the person's death.
(e) No benefits to survivors
Nothing in this section or
(June 27, 1952, ch. 477, title III, ch. 2, §329A, as added Mar. 6, 1990,
§§1440a to 1440d. Omitted
Codification
Sections, act June 30, 1953, ch. 162, §§1–4,
§1440e. Exemption from naturalization fees for aliens naturalized through service during Vietnam hostilities or other subsequent period of military hostilities; report by clerks of courts to Attorney General
Notwithstanding any other provision of law, no clerk of a United States court shall charge or collect a naturalization fee from an alien who has served in the military, air, or naval forces of the United States during a period beginning February 28, 1961, and ending on the date designated by the President by Executive order as the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who is applying for naturalization during such periods under
(
Codification
Section was not enacted as part of the Immigration and Nationality Act which comprises this chapter.
§1441. Constructive residence through service on certain United States vessels
Any periods of time during all of which a person who was previously lawfully admitted for permanent residence has served honorably or with good conduct, in any capacity other than as a member of the Armed Forces of the United States, (A) on board a vessel operated by the United States, or an agency thereof, the full legal and equitable title to which is in the United States; or (B) on board a vessel whose home port is in the United States, and (i) which is registered under the laws of the United States, or (ii) the full legal and equitable title to which is in a citizen of the United States, or a corporation organized under the laws of any of the several States of the United States, shall be deemed residence and physical presence within the United States within the meaning of
(June 27, 1952, ch. 477, title III, ch. 2, §330,
Amendments
1991—
1990—
1988—
"(2) For the purposes of this subsection, any periods of time prior to September 23, 1950, during all of which any person had served honorably or with good conduct for an aggregate period of five years on any vessel described in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of
"(3) For the purposes of this subsection, any periods of time prior to September 23, 1950, during all of which any person not within the provisions of paragraph (2) of this subsection had, prior to September 23, 1950, served honorably or with good conduct on any vessel described in section 325(a) of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, and was so serving on September 23, 1950, shall be deemed residence and physical presence within the United States within the meaning of
"(b) Any person who was excepted from certain requirements of the naturalization laws under section 325 of the Nationality Act of 1940 prior to its amendment by the Act of September 23, 1950, and had filed a petition for naturalization under section 325 of the Nationality Act of 1940, may, if such petition was pending on September 23, 1950, and is still pending on the effective date of this chapter, be naturalized upon compliance with the applicable provisions of the naturalization laws in effect upon the date such petition was filed: Provided, That any such person shall be subject to the provisions of
Effective Date of 1991 Amendment
Section 305(m) of
Cross References
Definition of the term—
Lawfully admitted for permanent residence, see
Naturalization, see
Residence, see
United States, see
§1442. Alien enemies
(a) Naturalization under specified conditions
An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war may, after his loyalty has been fully established upon investigation by the Attorney General, be naturalized as a citizen of the United States if such alien's application for naturalization shall be pending at the beginning of the state of war and the applicant is otherwise entitled to admission to citizenship.
(b) Procedure
An alien embraced within this section shall not have his application for naturalization considered or heard except after 90 days' notice to the Attorney General to be considered at the examination or hearing, and the Attorney General's objection to such consideration shall cause the application to be continued from time to time for so long as the Attorney General may require.
(c) Exceptions from classification
The Attorney General may, in his discretion, upon investigation fully establishing the loyalty of any alien enemy who did not have an application for naturalization pending at the beginning of the state of war, except such alien enemy from the classification of alien enemy for the purposes of this subchapter, and thereupon such alien shall have the privilege of filing an application for naturalization.
(d) Effect of cessation of hostilities
An alien who is a native, citizen, subject, or denizen of any country, state, or sovereignty with which the United States is at war shall cease to be an alien enemy within the meaning of this section upon the determination by proclamation of the President, or by concurrent resolution of the Congress, that hostilities between the United States and such country, state, or sovereignty have ended.
(e) Apprehension and removal
Nothing contained herein shall be taken or construed to interfere with or prevent the apprehension and removal, consistent with law, of any alien enemy at any time prior to the actual naturalization of such alien.
(June 27, 1952, ch. 477, title III, ch. 2, §331,
Amendments
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Cross References
Definition of the term—
Alien, see
Attorney General, see
Naturalization, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1443. Administration
(a) Rules and regulations governing examination of applicants
The Attorney General shall make such rules and regulations as may be necessary to carry into effect the provisions of this Part and is authorized to prescribe the scope and nature of the examination of applicants for naturalization as to their admissibility to citizenship. Such examination shall be limited to inquiry concerning the applicant's residence, physical presence in the United States, good moral character, understanding of and attachment to the fundamental principles of the Constitution of the United States, ability to read, write, and speak English, and other qualifications to become a naturalized citizen as required by law, and shall be uniform throughout the United States.
(b) Instruction in citizenship
The Attorney General is authorized to promote instruction and training in citizenship responsibilities of applicants for naturalization including the sending of names of candidates for naturalization to the public schools, preparing and distributing citizenship textbooks to such candidates as are receiving instruction in preparation for citizenship within or under the supervision of the public schools, preparing and distributing monthly an immigration and naturalization bulletin and securing the aid of and cooperating with official State and national organizations, including those concerned with vocational education.
(c) Prescription of forms
The Attorney General shall prescribe and furnish such forms as may be required to give effect to the provisions of this Part, and only such forms as may be so provided shall be legal. All certificates of naturalization and of citizenship shall be printed on safety paper and shall be consecutively numbered in separate series.
(d) Administration of oaths and depositions
Employees of the Service may be designated by the Attorney General to administer oaths and to take depositions without charge in matters relating to the administration of the naturalization and citizenship laws. In cases where there is a likelihood of unusual delay or of hardship, the Attorney General may, in his discretion, authorize such depositions to be taken before a postmaster without charge, or before a notary public or other person authorized to administer oaths for general purposes.
(e) Issuance of certificate of naturalization or citizenship
A certificate of naturalization or of citizenship issued by the Attorney General under the authority of this subchapter shall have the same effect in all courts, tribunals, and public offices of the United States, at home and abroad, of the District of Columbia, and of each State, Territory, and outlying possession of the United States, as a certificate of naturalization or of citizenship issued by a court having naturalization jurisdiction.
(f) Copies of records
Certifications and certified copies of all papers, documents, certificates, and records required or authorized to be issued, used, filed, recorded, or kept under any and all provisions of this chapter shall be admitted in evidence equally with the originals in any and all cases and proceedings under this chapter and in all cases and proceedings in which the originals thereof might be admissible as evidence.
(g) Furnished quarters for photographic studios
The officers in charge of property owned or leased by the Government are authorized, upon the recommendation of the Attorney General, to provide quarters, without payment of rent, in any building occupied by the Service, for a photographic studio, operated by welfare organizations without profit and solely for the benefit of persons seeking to comply with requirements under the immigration and nationality laws. Such studio shall be under the supervision of the Attorney General.
(h) Public education regarding naturalization benefits
In order to promote the opportunities and responsibilities of United States citizenship, the Attorney General shall broadly distribute information concerning the benefits which persons may receive under this subchapter and the requirements to obtain such benefits. In carrying out this subsection, the Attorney General shall seek the assistance of appropriate community groups, private voluntary agencies, and other relevant organizations. There are authorized to be appropriated (for each fiscal year beginning with fiscal year 1991) such sums as may be necessary to carry out this subsection.
(June 27, 1952, ch. 477, title III, ch. 2, §332,
Amendments
1991—Subsec. (a).
1990—Subsec. (a).
Subsec. (h).
Effective Date of 1991 Amendment
Section 305(m) of
Cross References
Citizenship textbooks, publication and distribution; use of naturalization fees, see
Definition of the term—
Attorney General, see
Person of good moral character, see
Residence, see
Service, see
Section Referred to in Other Sections
This section is referred to in
§1444. Photographs; number
(a) Three identical photographs of the applicant shall be signed by and furnished by each applicant for naturalization or citizenship. One of such photographs shall be affixed by the Attorney General to the original certificate of naturalization issued to the naturalized citizen and one to the duplicate certificate of naturalization required to be forwarded to the Service.
(b) Three identical photographs of the applicant shall be furnished by each applicant for—
(1) a record of lawful admission for permanent residence to be made under
(2) a certificate of derivative citizenship;
(3) a certificate of naturalization or of citizenship;
(4) a special certificate of naturalization;
(5) a certificate of naturalization or of citizenship, in lieu of one lost, mutilated, or destroyed;
(6) a new certificate of citizenship in the new name of any naturalized citizen who, subsequent to naturalization, has had his name changed by order of a court of competent jurisdiction or by marriage; and
(7) a declaration of intention.
One such photograph shall be affixed to each such certificate issued by the Attorney General and one shall be affixed to the copy of such certificate retained by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, §333,
Amendments
1994—Subsec. (b)(1).
1990—Subsec. (a).
Effective Date of 1994 Amendment
Amendment by
Cross References
Definition of the term—
Attorney General, see
Lawfully admitted for permanent residence, see
Naturalization, see
Service, see
Photographic studio for benefit of aliens, see
§1445. Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under
(b) Who may file
No person shall file a valid application for naturalization unless he shall have attained the age of eighteen years. An application for naturalization by an alien shall contain an averment of lawful admission for permanent residence.
(c) Hearings
Hearings under
(d) Filing of application
Except as provided in subsection (e) of this section, an application for naturalization shall be filed in the office of the Attorney General.
(e) Substitute filing place and administering oath other than before Attorney General
A person may file an application for naturalization other than in the office of the Attorney General, and an oath of allegiance administered other than in a public ceremony before the Attorney General or a court, if the Attorney General determines that the person has an illness or other disability which—
(1) is of a permanent nature and is sufficiently serious to prevent the person's personal appearance, or
(2) is of a nature which so incapacitates the person as to prevent him from personally appearing.
(f) Declaration of intention
An alien over 18 years of age who is residing in the United States pursuant to a lawful admission for permanent residence may file with the Attorney General a declaration of intention to become a citizen of the United States. Such a declaration shall be filed in duplicate and in a form prescribed by the Attorney General and shall be accompanied by an application prescribed and approved by the Attorney General. Nothing in this subsection shall be construed as requiring any such alien to make and file a declaration of intention as a condition precedent to filing an application for naturalization nor shall any such declaration of intention be regarded as conferring or having conferred upon any such alien United States citizenship or nationality or the right to United States citizenship or nationality, nor shall such declaration be regarded as evidence of such alien's lawful admission for permanent residence in any proceeding, action, or matter arising under this chapter or any other Act.
(June 27, 1952, ch. 477, title III, ch. 2, §334,
Amendments
1991—Subsec. (a).
Subsecs. (f), (g).
1990—
Subsec. (a).
Subsec. (b).
Subsecs. (c) to (e).
Subsecs. (f), (g).
1981—Subsec. (a).
Effective Date of 1991 Amendment
Amendment by section 305(d), (e) of
Section 305(m) of
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Alien, see
Attorney General, see
Lawfully admitted for permanent residence, see
National of the United States, see
Naturalization, see
Residence, see
Service, see
United States, see
Record of admission for permanent residence in the case of certain aliens who entered the United States prior to June 28, 1940, see
Records of admission, see
Section Referred to in Other Sections
This section is referred to in
§1446. Investigation of applicants; examination of applications
(a) Waiver
Before a person may be naturalized, an employee of the Service, or of the United States designated by the Attorney General, shall conduct a personal investigation of the person applying for naturalization in the vicinity or vicinities in which such person has maintained his actual place of abode and in the vicinity or vicinities in which such person has been employed or has engaged in business or work for at least five years immediately preceding the filing of his application for naturalization. The Attorney General may, in his discretion, waive a personal investigation in an individual case or in such cases or classes of cases as may be designated by him.
(b) Conduct of examinations; authority of designees; record
The Attorney General shall designate employees of the Service to conduct examinations upon applications for naturalization. For such purposes any such employee so designated is authorized to take testimony concerning any matter touching or in any way affecting the admissibility of any applicant for naturalization, to administer oaths, including the oath of the applicant for naturalization, and to require by subpena the attendance and testimony of witnesses, including applicant, before such employee so designated and the production of relevant books, papers, and documents, and to that end may invoke the aid of any district court of the United States; and any such court may, in the event of neglect or refusal to respond to a subpena issued by any such employee so designated or refusal to testify before such employee so designated issue an order requiring such person to appear before such employee so designated, produce relevant books, papers, and documents if demanded, and testify; and any failure to obey such order of the court may be punished by the court as a contempt thereof. The record of the examination authorized by this subsection shall be admissible as evidence in any hearing conducted by an immigration officer under
(c) Transmittal of record of examination
The record of the examination upon any application for naturalization may, in the discretion of the Attorney General be transmitted to the Attorney General and the determination with respect thereto of the employee designated to conduct such examination shall when made also be transmitted to the Attorney General.
(d) Determination to grant or deny application
The employee designated to conduct any such examination shall make a determination as to whether the application should be granted or denied, with reasons therefor.
(e) Withdrawal of application
After an application for naturalization has been filed with the Attorney General, the applicant shall not be permitted to withdraw his application, except with the consent of the Attorney General. In cases where the Attorney General does not consent to the withdrawal of the application, the application shall be determined on its merits and a final order determination made accordingly. In cases where the applicant fails to prosecute his application, the application shall be decided on the merits unless the Attorney General dismisses it for lack of prosecution.
(f) Transfer of application
An applicant for naturalization who moves from the district of the Service in the United States in which the application is pending may, at any time thereafter, request the Service to transfer the application to any district of the Service in the United States which may act on the application. The transfer shall not be made without the consent of the Attorney General. In the case of such a transfer, the proceedings on the application shall continue as though the application had originally been filed in the district of the Service to which the application is transferred.
(June 27, 1952, ch. 477, title III, ch. 2, §335,
Amendments
1991—Subsec. (b).
1990—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
1988—Subsec. (d).
Subsec. (f)(2).
1981—Subsec. (b).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Contempts, see
Definition of the term—
Attorney General, see
Naturalization, see
Person of good moral character, see
Residence, see
Service, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1447. Hearings on denials of applications for naturalization
(a) Request for hearing before immigration officer
If, after an examination under
(b) Request for hearing before district court
If there is a failure to make a determination under
(c) Appearance of Attorney General
The Attorney General shall have the right to appear before any immigration officer in any naturalization proceedings for the purpose of cross-examining the applicant and the witnesses produced in support of the application concerning any matter touching or in any way affecting the applicant's right to admission to citizenship, and shall have the right to call witnesses, including the applicant, produce evidence, and be heard in opposition to, or in favor of the granting of any application in naturalization proceedings.
(d) Subpena of witnesses
The immigration officer shall, if the applicant requests it at the time of filing the request for the hearing, issue a subpena for the witnesses named by such applicant to appear upon the day set for the hearing, but in case such witnesses cannot be produced upon the hearing other witnesses may be summoned upon notice to the Attorney General, in such manner and at such time as the Attorney General may by regulation prescribe. Such subpenas may be enforced in the same manner as subpenas under
(e) Change of name
It shall be lawful at the time and as a part of the administration by a court of the oath of allegiance under
(June 27, 1952, ch. 477, title III, ch. 2, §336,
Amendments
1991—Subsecs. (d), (e).
1990—
Subsecs. (a), (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1988—
1981—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1969—Subsec. (c).
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Attorney General, see
Naturalization, see
Section Referred to in Other Sections
This section is referred to in
§1448. Oath of renunciation and allegiance
(a) Public ceremony
A person who has applied for naturalization shall, in order to be and before being admitted to citizenship, take in a public ceremony before the Attorney General or a court with jurisdiction under
(b) Hereditary titles or orders of nobility
In case the person applying for naturalization has borne any hereditary title, or has been of any of the orders of nobility in any foreign state, the applicant shall in addition to complying with the requirements of subsection (a) of this section, make under oath in the same public ceremony in which the oath of allegiance is administered, an express renunciation of such title or order of nobility, and such renunciation shall be recorded as a part of such proceedings.
(c) Expedited judicial oath administration ceremony
Notwithstanding
(d) Rules and regulations
The Attorney General shall prescribe rules and procedures to ensure that the ceremonies conducted by the Attorney General for the administration of oaths of allegiance under this section are public, conducted frequently and at regular intervals, and are in keeping with the dignity of the occasion.
(June 27, 1952, ch. 477, title III, ch. 2, §337,
Amendments
1991—Subsec. (c).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1981—Subsec. (a).
Effective Date of 1991 Amendment
Amendment by section 102(b)(2) of
Amendment by section 305(i) of
Effective Date of 1981 Amendment
Amendment by
Cross References
Definition of the term—
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
Foreign state, see
Naturalization, see
Section Referred to in Other Sections
This section is referred to in
§1449. Certificate of naturalization; contents
A person admitted to citizenship in conformity with the provisions of this subchapter shall be entitled upon such admission to receive from the Attorney General a certificate of naturalization, which shall contain substantially the following information: Number of application for naturalization; number of certificate of naturalization; date of naturalization; name, signature, place of residence, autographed photograph, and personal description of the naturalized person, including age, sex, marital status, and country of former nationality; location of the district office of the Service in which the application was filed and the title, authority, and location of the official or court administering the oath of allegiance; statement that the Attorney General, having found that the applicant had complied in all respects with all of the applicable provisions of the naturalization laws of the United States, and was entitled to be admitted a citizen of the United States of America, thereupon ordered that the applicant be admitted as a citizen of the United States of America; attestation of an immigration officer; and the seal of the Department of Justice.
(June 27, 1952, ch. 477, title III, ch. 2, §338,
Amendments
1994—
1991—
1990—
Effective Date of 1994 Amendment
Section 104(e) of
Section 219(z) of
Effective Date of 1991 Amendment
Amendment by
Construction of 1994 Amendment
Section 219(z)(3) of
Cross References
Definition of the term—
National, see
Naturalization, see
Permanent, see
Residence, see
Unmarried, see
§1450. Functions and duties of clerks and records of declarations of intention and applications for naturalization
(a) The clerk of each court that administers oaths of allegiance under
(1) deliver to each person administered the oath of allegiance by the court pursuant to
(2) forward to the Attorney General a list of applicants actually taking the oath at each scheduled ceremony and information concerning each person to whom such an oath is administered by the court, within 30 days after the close of the month in which the oath was administered,
(3) forward to the Attorney General certified copies of such other proceedings and orders instituted in or issued out of the court affecting or relating to the naturalization of persons as may be required from time to time by the Attorney General, and
(4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall account to the Attorney General for them whenever required to do so.
No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General.
(b) Each district office of the Service in the United States shall maintain, in chronological order, indexed, and consecutively numbered, as part of its permanent records, all declarations of intention and applications for naturalization filed with the office.
(June 27, 1952, ch. 477, title III, ch. 2, §339,
Amendments
1991—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3), (4).
1990—
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Cross References
Definition of the term—
Attorney General, see
Naturalization, see
§1451. Revocation of naturalization
(a) Concealment of material evidence; refusal to testify
It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation, and such revocation and setting aside of the order admitting such person to citizenship and such canceling of certificate of naturalization shall be effective as of the original date of the order and certificate, respectively: Provided, That refusal on the part of a naturalized citizen within a period of ten years following his naturalization to testify as a witness in any proceeding before a congressional committee concerning his subversive activities, in a case where such person has been convicted of contempt for such refusal, shall be held to constitute a ground for revocation of such person's naturalization under this subsection as having been procured by concealment of a material fact or by willful misrepresentation. If the naturalized citizen does not reside in any judicial district in the United States at the time of bringing such suit, the proceedings may be instituted in the United States District Court for the District of Columbia or in the United States district court in the judicial district in which such person last had his residence.
(b) Notice to party
The party to whom was granted the naturalization alleged to have been illegally procured or procured by concealment of a material fact or by willful misrepresentation shall, in any such proceedings under subsection (a) of this section, have sixty days' personal notice, unless waived by such party, in which to make answers to the petition of the United States; and if such naturalized person be absent from the United States or from the judicial district in which such person last had his residence, such notice shall be given either by personal service upon him or by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the States or the place where such suit is brought.
(c) Membership in certain organizations; prima facie evidence
If a person who shall have been naturalized after December 24, 1952 shall within five years next following such naturalization become a member of or affiliated with any organization, membership in or affiliation with which at the time of naturalization would have precluded such person from naturalization under the provisions of
(d) Applicability to citizenship through naturalization of parent or spouse
Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship under the provisions of subsection (a) of this section on the ground that the order and certificate of naturalization were procured by concealment of a material fact or by willful misrepresentation shall be deemed to have lost and to lose his citizenship and any right or privilege of citizenship which he may have, now has, or may hereafter acquire under and by virtue of such naturalization of such parent or spouse, regardless of whether such person is residing within or without the United States at the time of the revocation and setting aside of the order admitting such parent or spouse to citizenship. Any person who claims United States citizenship through the naturalization of a parent or spouse in whose case there is a revocation and setting aside of the order admitting such parent or spouse to citizenship and the cancellation of the certificate of naturalization under the provisions of subsection (c) of this section, or under the provisions of
(e) Citizenship unlawfully procured
When a person shall be convicted under
(f) Cancellation of certificate of naturalization
Whenever an order admitting an alien to citizenship shall be revoked and set aside or a certificate of naturalization shall be canceled, or both, as provided in this section, the court in which such judgment or decree is rendered shall make an order canceling such certificate and shall send a certified copy of such order to the Attorney General. The clerk of court shall transmit a copy of such order and judgment to the Attorney General. A person holding a certificate of naturalization or citizenship which has been canceled as provided by this section shall upon notice by the court by which the decree of cancellation was made, or by the Attorney General, surrender the same to the Attorney General.
(g) Applicability to certificates of naturalization and citizenship
The provisions of this section shall apply not only to any naturalization granted and to certificates of naturalization and citizenship issued under the provisions of this subchapter, but to any naturalization heretofore granted by any court, and to all certificates of naturalization and citizenship which may have been issued heretofore by any court or by the Commissioner based upon naturalization granted by any court, or by a designated representative of the Commissioner under the provisions of section 702 of the Nationality Act of 1940, as amended, or by such designated representative under any other act.
(h) Power to correct, reopen, alter, modify, or vacate order
Nothing contained in this section shall be regarded as limiting, denying, or restricting the power of the Attorney General to correct, reopen, alter, modify, or vacate an order naturalizing the person.
(June 27, 1952, ch. 477, title III, ch. 2, §340,
References In Text
Section 702 of the Nationality Act of 1940, as amended, referred to in subsec. (g), which was classified to
Amendments
1994—Subsec. (d).
Subsecs. (e) to (i).
1991—Subsec. (a).
Subsec. (g).
1990—Subsec. (a).
Subsec. (g).
Subsec. (i).
1988—Subsec. (c).
Subsecs. (e) to (j).
1986—Subsec. (d).
1961—Subsec. (a).
Subsec. (b).
1954—Subsec. (a). Act Sept. 3, 1954, substituted "United States attorneys" for "United States district attorneys".
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 23(f) of
Cross References
Contempts, see
Definition of the term—
Attorney General, see
Child, as used in subchapters I and II of this chapter, see
Child, as used in this subchapter, see
Commissioner, see
Consular officer, see
Naturalization, see
Organization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Permanent, see
Residence, see
Spouse, wife, or husband, see
United States, see
Section Referred to in Other Sections
This section is referred to in
§1452. Certificates of citizenship or U.S. non-citizen national status; procedure
(a) Application to Attorney General for certificate of citizenship; proof; oath of allegiance
A person who claims to have derived United States citizenship through the naturalization of a parent or through the naturalization or citizenship of a husband, or who is a citizen of the United States by virtue of the provisions of section 1993 of the United States Revised Statutes, or of section 1993 of the United States Revised Statutes, as amended by section 1 of the Act of May 24, 1934 (
(b) Application to Secretary of State for certificate of non-citizen national status; proof; oath of allegiance
A person who claims to be a national, but not a citizen, of the United States may apply to the Secretary of State for a certificate of non-citizen national status. Upon—
(1) proof to the satisfaction of the Secretary of State that the applicant is a national, but not a citizen, of the United States, and
(2) in the case of such a person born outside of the United States or its outlying possessions, taking and subscribing, before an immigration officer within the United States or its outlying possessions, to the oath of allegiance required by this chapter of a petitioner for naturalization,
the individual shall be furnished by the Secretary of State with a certificate of non-citizen national status, but only if the individual is at the time within the United States or its outlying possessions.
(June 27, 1952, ch. 477, title III, ch. 2, §341,
References in Text
Section 1993 of the Revised Statutes, referred to in subsec. (a), which was classified to
The Nationality Act of 1940, referred to in subsec. (a), is act Oct. 14, 1940, ch. 876,
Act May 7, 1934 (
Act Aug. 4, 1937, referred to in subsec. (a), which was classified to
Amendments
1994—Subsec. (c).
1991—Subsec. (a).
1988—Subsec. (c).
1986—
Subsecs. (a), (b).
Subsec. (c).
1981—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 305(m) of
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Certificates of Non-Citizen National Status; $35 Limit on Fees for Processing Applications Filed Before End of Fiscal Year 1987
Section 16(c) of
Cross References
Definition of the term—
Attorney General, see
Husband, see
Naturalization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
Service, see
United States, see
§1453. Cancellation of certificates issued by Attorney General, the Commissioner or a Deputy Commissioner; action not to affect citizenship status
The Attorney General is authorized to cancel any certificate of citizenship, certificate of naturalization, copy of a declaration of intention, or other certificate, document or record heretofore issued or made by the Commissioner or a Deputy Commissioner or hereafter made by the Attorney General if it shall appear to the Attorney General's satisfaction that such document or record was illegally or fraudulently obtained from, or was created through illegality or by fraud practiced upon, him or the Commissioner or a Deputy Commissioner; but the person for or to whom such document or record has been issued or made shall be given at such person's last-known place of address written notice of the intention to cancel such document or record with the reasons therefor and shall be given at least sixty days in which to show cause why such document or record should not be canceled. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.
(June 27, 1952, ch. 477, title III, ch. 2, §342,
Effective Date
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Cross References
Definition of Attorney General, Commissioner, and Deputy Commissioner, see
§1454. Documents and copies issued by Attorney General
(a) If any certificate of naturalization or citizenship issued to any citizen or any declaration of intention furnished to any declarant is lost, mutilated, or destroyed, the citizen or declarant may make application to the Attorney General for a new certificate or declaration. If the Attorney General finds that the certificate or declaration is lost, mutilated, or destroyed, he shall issue to the applicant a new certificate or declaration. If the certificate or declaration has been mutilated, it shall be surrendered to the Attorney General before the applicant may receive such new certificate or declaration. If the certificate or declaration has been lost, the applicant or any other person who shall have, or may come into possession of it is required to surrender it to the Attorney General.
(b) The Attorney General shall issue for any naturalized citizen, on such citizen's application therefor, a special certificate of naturalization for use by such citizen only for the purpose of obtaining recognition as a citizen of the United States by a foreign state. Such certificate when issued shall be furnished to the Secretary of State for transmission to the proper authority in such foreign state.
(c) If the name of any naturalized citizen has, subsequent to naturalization, been changed by order of any court of competent jurisdiction, or by marriage, the citizen may make application for a new certificate of naturalization in the new name of such citizen. If the Attorney General finds the name of the applicant to have been changed as claimed, the Attorney General shall issue to the applicant a new certificate and shall notify the naturalization court of such action.
(d) The Attorney General is authorized to make and issue certifications of any part of the naturalization records of any court, or of any certificate of naturalization or citizenship, for use in complying with any statute, State or Federal, or in any judicial proceeding. No such certification shall be made by any clerk of court except upon order of the court.
(June 27, 1952, ch. 477, title III, ch. 2, §343,
Amendments
1988—
Cross References
Definition of the term—
Attorney General, see
Foreign state, see
Naturalization, see
Unmarried, see
§1455. Fiscal provisions
(a) The Attorney General shall charge, collect, and account for fees prescribed by the Attorney General pursuant to
(1) Making, filing, and docketing an application for naturalization, including the hearing on such application, if such hearing be held, and a certificate of naturalization, if the issuance of such certificate is authorized by the Attorney General.
(2) Receiving and filing a declaration of intention, and issuing a duplicate thereof.
(b) Notwithstanding the provisions of this chapter or any other law, no fee shall be charged or collected for an application for declaration of intention or a certificate of naturalization in lieu of a declaration or a certificate alleged to have been lost, mutilated, or destroyed, submitted by a person who was a member of the military or naval forces of the United States at any time after April 20, 1898, and before July 5, 1902; or at any time after April 5, 1917, and before November 12, 1918; or who served on the Mexican border as a member of the Regular Army or National Guard between June 1916 and April 1917; or who has served or hereafter serves in the military, air, or naval forces of the United States after September 16, 1940, and who was not at any time during such period or thereafter separated from such forces under other than honorable conditions, who was not a conscientious objector who performed no military duty whatever or refused to wear the uniform, or who was not at any time during such period or thereafter discharged from such military, air, or naval forces on account of alienage.
(c) All fees collected by the Attorney General shall be deposited by the Attorney General in the Treasury of the United States except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under
(d) During the time when the United States is at war the Attorney General may not charge or collect a naturalization fee from an alien in the military, air, or naval service of the United States for filing an application for naturalization or issuing a certificate of naturalization upon admission to citizenship.
(e) In addition to the other fees required by this subchapter, the applicant for naturalization shall, upon the filing of an application for naturalization, deposit with and pay to the Attorney General a sum of money sufficient to cover the expenses of subpenaing and paying the legal fees of any witnesses for whom such applicant may request a subpena, and upon the final discharge of such witnesses, they shall receive, if they demand the same from the Attorney General, the customary and usual witness fees from the moneys which the applicant shall have paid to the Attorney General for such purpose, and the residue, if any, shall be returned by the Attorney General to the applicant.
(f)(1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this subchapter a specified percentage of all fees described in subsection (a)(1) of this section collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.
(2) The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees.
(June 27, 1952, ch. 477, title III, ch. 2, §344,
Amendments
1991—Subsec. (a).
Subsec. (c).
Subsec. (f).
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsecs. (g) to (i).
1988—Subsec. (a).
Subsec. (g).
1981—Subsec. (c).
1968—Subsec. (a).
Subsec. (b).
Subsec. (g).
1958—Subsec. (d).
Effective Date of 1991 Amendment
Amendment by section 102(b)(3) of
Amendment by section 305(l) of
Amendment by section 309(a)(1)(A)(ii) of
Effective Date of 1981 Amendment
Amendment by
Admission of Alaska as State
Effectiveness of amendment of this section by
Cross References
Audit of vouchers and accounts of the courts and their clerical and administrative personnel by Director of Administrative Office of the United States Courts, see
Clerk of each district court to pay into the Treasury all fees, costs and other moneys collected by him except certain naturalization fees, see
Definition of the term—
Alien, see
Attorney General, see
Naturalization, see
Service, see
United States, see
§1456. Repealed. Pub. L. 86–682, §12(c), Sept. 2, 1960, 74 Stat. 708 , eff. Sept. 1, 1960
Section, act June 27, 1952, ch. 477, title III, ch. 2, §345,
§1457. Publication and distribution of citizenship textbooks; use of naturalization fees
Authorization is granted for the publication and distribution of the citizenship textbook described in subsection (b) of
(June 27, 1952, ch. 477, title III, ch. 2, §346,
Cross References
Definition of the term—
Attorney General, see
Naturalization, see
Service, see
§1458. Compilation of naturalization statistics and payment for equipment
The Attorney General is authorized and directed to prepare from the records in the custody of the Service a report upon those heretofore seeking citizenship to show by nationalities their relation to the numbers of aliens annually arriving and to the prevailing census populations of the foreign-born, their economic, vocational, and other classification, in statistical form, with analytical comment thereon, and to prepare such report annually hereafter. Payment for the equipment used in preparing such compilation shall be made from the appropriation for the enforcement of this chapter by the Service.
(June 27, 1952, ch. 477, title III, ch. 2, §347,
Effective Date
Section effective 180 days after June 27, 1952, see section 407 of act June 27, 1952, set out as a note under
Cross References
Definition of the term—
Alien, see
Attorney General, see
Naturalization, see
Service, see
§1459. Repealed. Pub. L. 101–649, title IV, §407(d)(20), Nov. 29, 1990, 104 Stat. 5046
Section, acts June 27, 1952, ch. 477, title III, ch. 2, §348,
Part III—Loss of Nationality
Part Referred to in Other Sections
This part is referred to in
§1481. Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions
(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—
(1) obtaining naturalization in a foreign state upon his own application or upon an application filed by a duly authorized agent, after having attained the age of eighteen years; or
(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or
(4)(A) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years if he has or acquires the nationality of such foreign state; or (B) accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state or a political subdivision thereof, after attaining the age of eighteen years for which office, post, or employment an oath, affirmation, or declaration of allegiance is required; or
(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State; or
(6) making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense; or
(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of
(b) Whenever the loss of United States nationality is put in issue in any action or proceeding commenced on or after September 26, 1961 under, or by virtue of, the provisions of this chapter or any other Act, the burden shall be upon the person or party claiming that such loss occurred, to establish such claim by a preponderance of the evidence. Any person who commits or performs, or who has committed or performed, any act of expatriation under the provisions of this chapter or any other Act shall be presumed to have done so voluntarily, but such presumption may be rebutted upon a showing, by a preponderance of the evidence, that the act or acts committed or performed were not done voluntarily.
(June 27, 1952, ch. 477, title III, ch. 3, §349,
References in Text
The effective date of this chapter, referred to in subsec. (a), is the 180th day immediately following June 27, 1952. See section 407 of act June 27, 1952, set out as an Effective Date note under
Amendments
1988—Subsec. (a).
Subsecs. (a) to (c).
1986—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
Subsecs. (b), (c).
1981—Subsec. (a).
1978—Subsec. (a)(5).
Subsec. (a)(6), (7).
Subsec. (a)(8).
Subsec. (a)(9).
1976—Subsec. (a)(10).
1961—Subsec. (c).
1954—Subsec. (a)(9). Act Sept. 3, 1954, provided for forfeiture of citizenship of persons advocating the overthrow of the Government by force or violence.
Effective Date of 1988 Amendment
Amendment by section 8(m), (n) of
Effective Date of 1986 Amendment
Section 23(g) of
Effective Date of 1981 Amendment
Amendment by
Short Title
Section 1 of act Sept. 3, 1954, provided: "That this Act [amending this section] may be cited as the 'Expatriation Act of 1954'."
Savings Provision
Amendment by
Right of Expatriation
R.S. §1999 provided that: "Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic."
Cross References
Definition of the term—
Attorney General, see
Consular officer, see
Foreign state, see
National, see
National of the United States, see
Naturalization, see
Parent, as used in subchapters I and II of this chapter, see
Parent, as used in this subchapter, see
United States, see
Treason, sedition and subversive activities, see
Section Referred to in Other Sections
This section is referred to in
§1482. Repealed. Pub. L. 95–432, §1, Oct. 10, 1978, 92 Stat. 1046
Section, act June 27, 1952, ch. 477, title III, ch. 3, §350,
Effective Date of Repeal
Section 1 of
§1483. Restrictions on loss of nationality
(a) Except as provided in paragraphs (6) and (7) of
(b) A national who within six months after attaining the age of eighteen years asserts his claim to United States nationality, in such manner as the Secretary of State shall by regulation prescribe, shall not be deemed to have lost United States nationality by the commission, prior to his eighteenth birthday, of any of the acts specified in paragraphs (3) and (5) of
(June 27, 1952, ch. 477, title III, ch. 3, §351,
Amendments
1994—
1988—Subsec. (b).
1986—Subsec. (b).
1981—Subsec. (a).
Subsec. (b).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Right of Expatriation
Provisions preserving the right and disavowal of foreign allegiance, see note under
Cross References
Definition of the term—
National of the United States, see
Outlying possessions of the United States, see
United States, see
1 So in original. The comma probably should not appear.
§§1484 to 1487. Repealed. Pub. L. 95–432, §2, Oct. 10, 1978, 92 Stat. 1046
Section 1484, act June 27, 1952, ch. 477, title III, ch. 3, §352,
Section 1485, acts June 27, 1952, ch. 477, title III, ch. 3, §353,
Section 1486, acts June 27, 1952, ch. 477, title III, ch. 3, §354,
Section 1487, act June 27, 1952, ch. 477, title III, ch. 3, §355,
§1488. Nationality lost solely from performance of acts or fulfillment of conditions
The loss of nationality under this Part shall result solely from the performance by a national of the acts or fulfillment of the conditions specified in this Part.
(June 27, 1952, ch. 477, title III, ch. 3, §356,
Cross References
Definition of national, see
§1489. Application of treaties; exceptions
Nothing in this subchapter shall be applied in contravention of the provisions of any treaty or convention to which the United States is a party and which has been ratified by the Senate before December 25, 1952: Provided, however, That no woman who was a national of the United States shall be deemed to have lost her nationality solely by reason of her marriage to an alien on or after September 22, 1922, or to an alien racially ineligible to citizenship on or after March 3, 1931, or, in the case of a woman who was a United States citizen at birth, through residence abroad following such marriage, notwithstanding the provisions of any existing treaty or convention.
(June 27, 1952, ch. 477, title III, ch. 3, §357,
Amendments
1988—
Cross References
Definition of the term—
Alien, see
Ineligible to citizenship, see
National of the United States, see
Residence, see
United States, see
Part IV—Miscellaneous
§1501. Certificate of diplomatic or consular officer of United States as to loss of American nationality
Whenever a diplomatic or consular officer of the United States has reason to believe that a person while in a foreign state has lost his United States nationality under any provision of Part III of this subchapter, or under any provision of chapter IV of the Nationality Act of 1940, as amended, he shall certify the facts upon which such belief is based to the Department of State, in writing, under regulations prescribed by the Secretary of State. If the report of the diplomatic or consular officer is approved by the Secretary of State, a copy of the certificate shall be forwarded to the Attorney General, for his information, and the diplomatic or consular office in which the report was made shall be directed to forward a copy of the certificate to the person to whom it relates. Approval by the Secretary of State of a certificate under this section shall constitute a final administrative determination of loss of United States nationality under this chapter, subject to such procedures for administrative appeal as the Secretary may prescribe by regulation, and also shall constitute a denial of a right or privilege of United States nationality for purposes of
(June 27, 1952, ch. 477, title III, ch. 4, §358,
References in Text
Chapter IV of the Nationality Act of 1940, as amended, referred to in text, which was classified to
Codification
Section was formerly classified to
Amendments
1994—
Cross References
Definition of the term—
Attorney General, see
Consular officer, see
Foreign state, see
National of the United States, see
§1502. Certificate of nationality issued by Secretary of State for person not a naturalized citizen of United States for use in proceedings of a foreign state
The Secretary of State is authorized to issue, in his discretion and in accordance with rules and regulations prescribed by him, a certificate of nationality for any person not a naturalized citizen of the United States who presents satisfactory evidence that he is an American national and that such certificate is needed for use in judicial or administrative proceedings in a foreign state. Such certificate shall be solely for use in the case for which it was issued and shall be transmitted by the Secretary of State through appropriate official channels to the judicial or administrative officers of the foreign state in which it is to be used.
(June 27, 1952, ch. 477, title III, ch. 4, §359,
Codification
Section was formerly classified to
Cross References
Definition of the term—
Foreign state, see
National of the United States, see
United States, see
§1503. Denial of rights and privileges as national
(a) Proceedings for declaration of United States nationality
If any person who is within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may institute an action under the provisions of
(b) Application for certificate of identity; appeal
If any person who is not within the United States claims a right or privilege as a national of the United States and is denied such right or privilege by any department or independent agency, or official thereof, upon the ground that he is not a national of the United States, such person may make application to a diplomatic or consular officer of the United States in the foreign country in which he is residing for a certificate of identity for the purpose of traveling to a port of entry in the United States and applying for admission. Upon proof to the satisfaction of such diplomatic or consular officer that such application is made in good faith and has a substantial basis, he shall issue to such person a certificate of identity. From any denial of an application for such certificate the applicant shall be entitled to an appeal to the Secretary of State, who, if he approves the denial, shall state in writing his reasons for his decision. The Secretary of State shall prescribe rules and regulations for the issuance of certificates of identity as above provided. The provisions of this subsection shall be applicable only to a person who at some time prior to his application for the certificate of identity has been physically present in the United States, or to a person under sixteen years of age who was born abroad of a United States citizen parent.
(c) Application for admission to United States under certificate of identity; revision of determination
A person who has been issued a certificate of identity under the provisions of subsection (b) of this section, and while in possession thereof, may apply for admission to the United States at any port of entry, and shall be subject to all the provisions of this chapter relating to the conduct of proceedings involving aliens seeking admission to the United States. A final determination by the Attorney General that any such person is not entitled to admission to the United States shall be subject to review by any court of competent jurisdiction in habeas corpus proceedings and not otherwise. Any person described in this section who is finally excluded from admission to the United States shall be subject to all the provisions of this chapter relating to aliens seeking admission to the United States.
(June 27, 1952, ch. 477, title III, ch. 4, §360,
Cross References
Definition of the term—
Alien, see
Application for admission, see
Attorney General, see
Consular officer, see
National of the United States, see
Residence, see
United States, see
Judicial review of orders of deportation and exclusion, see
Section Referred to in Other Sections
This section is referred to in
§1504. Cancellation of United States passports and Consular Reports of Birth
(a) The Secretary of State is authorized to cancel any United States passport or Consular Report of Birth, or certified copy thereof, if it appears that such document was illegally, fraudulently, or erroneously obtained from, or was created through illegality or fraud practiced upon, the Secretary. The person for or to whom such document has been issued or made shall be given, at such person's last known address, written notice of the cancellation of such document, together with the procedures for seeking a prompt post-cancellation hearing. The cancellation under this section of any document purporting to show the citizenship status of the person to whom it was issued shall affect only the document and not the citizenship status of the person in whose name the document was issued.
(b) For purposes of this section, the term "Consular Report of Birth" refers to the report, designated as a "Report of Birth Abroad of a Citizen of the United States", issued by a consular officer to document a citizen born abroad.
(June 27, 1952, ch. 477, title III, ch. 4, §361, as added Oct. 25, 1994,
SUBCHAPTER IV—REFUGEE ASSISTANCE
§1521. Office of Refugee Resettlement; establishment; appointment of Director; functions
(a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this subchapter referred to as the "Office"). The head of the Office shall be a Director (hereinafter in this subchapter referred to as the "Director"), to be appointed by the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary").
(b) The function of the Office and its Director is to fund and administer (directly or through arrangements with other Federal agencies), in consultation with the Secretary of State, programs of the Federal Government under this subchapter.
(June 27, 1952, ch. 477, title IV, ch. 2, §411, as added Mar. 17, 1980,
Amendments
1994—Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date
Subchapter applicable with respect to fiscal years beginning on or after Oct. 1, 1979, see section 313 of
Short Title of Refugee Act of 1980
For short title of Refugee Act of 1980, see Short Title of 1980 Amendment note set out under
References to Secretary of Education or Secretary of Department of Health and Human Services
Section 204(e) of
Congressional Declaration of Policies and Objectives
Section 101 of
"(a) the Congress declares that it is the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands, including, where appropriate, humanitarian assistance for their care and maintenance in asylum areas, efforts to promote opportunities for resettlement or voluntary repatriation, aid for necessary transportation and processing, admission to this country of refugees of special humanitarian concern to the United States, and transitional assistance to refugees in the United States. The Congress further declares that it is the policy of the United States to encourage all nations to provide assistance and resettlement opportunities to refugees to the fullest extent possible.
"(b) The objectives of this Act [see Short Title of 1980 Amendment note set out under
§1522. Authorization for programs for domestic resettlement of and assistance to refugees
(a) Conditions and considerations
(1)(A) In providing assistance under this section, the Director shall, to the extent of available appropriations (i) make available sufficient resources for employment training and placement in order to achieve economic self-sufficiency among refugees as quickly as possible, (ii) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as quickly as possible, (iii) insure that cash assistance is made available to refugees in such a manner as not to discourage their economic self-sufficiency, in accordance with subsection (e)(2) of this section, and (iv) insure that women have the same opportunities as men to participate in training and instruction.
(B) It is the intent of Congress that in providing refugee assistance under this section—
(i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States;
(ii) social service funds should be focused on employment-related services, English-as-a-second-language training (in nonwork hours where possible), and case-management services; and
(iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments.
(2)(A) The Director and the Federal agency administering subsection (b)(1) of this section shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities.
(B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and local governments, policies and strategies for the placement and resettlement of refugees within the United States.
(C) Such policies and strategies, to the extent practicable and except under such unusual circumstances as the Director may recognize, shall—
(i) insure that a refugee is not initially placed or resettled in an area highly impacted (as determined under regulations prescribed by the Director after consultation with such agencies and governments) by the presence of refugees or comparable populations unless the refugee has a spouse, parent, sibling, son, or daughter residing in that area,
(ii) provide for a mechanism whereby representatives of local affiliates of voluntary agencies regularly (not less often than quarterly) meet with representatives of State and local governments to plan and coordinate in advance of their arrival the appropriate placement of refugees among the various States and localities, and
(iii) take into account—
(I) the proportion of refugees and comparable entrants in the population in the area,
(II) the availability of employment opportunities, affordable housing, and public and private resources (including educational, health care, and mental health services) for refugees in the area,
(III) the likelihood of refugees placed in the area becoming self-sufficient and free from long-term dependence on public assistance, and
(IV) the secondary migration of refugees to and from the area that is likely to occur.
(D) With respect to the location of placement of refugees within a State, the Federal agency administering subsection (b)(1) of this section shall, consistent with such policies and strategies and to the maximum extent possible, take into account recommendations of the State.
(3) In the provision of domestic assistance under this section, the Director shall make a periodic assessment, based on refugee population and other relevant factors, of the relative needs of refugees for assistance and services under this subchapter and the resources available to meet such needs. The Director shall compile and maintain data on secondary migration of refugees within the United States and, by State of residence and nationality, on the proportion of refugees receiving cash or medical assistance described in subsection (e) of this section. In allocating resources, the Director shall avoid duplication of services and provide for maximum coordination between agencies providing related services.
(4)(A) No grant or contract may be awarded under this section unless an appropriate proposal and application (including a description of the agency's ability to perform the services specified in the proposal) are submitted to, and approved by, the appropriate administering official. Grants and contracts under this section shall be made to those agencies which the appropriate administering official determines can best perform the services. Payments may be made for activities authorized under this subchapter in advance or by way of reimbursement. In carrying out this section, the Director, the Secretary of State, and any such other appropriate administering official are authorized—
(i) to make loans, and
(ii) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for the purpose of carrying out this section.
(B) No funds may be made available under this subchapter (other than under subsection (b)(1) of this section) to States or political subdivisions in the form of block grants, per capita grants, or similar consolidated grants or contracts. Such funds shall be made available under separate grants or contracts—
(i) for medical screening and initial medical treatment under subsection (b)(5) of this section,
(ii) for services for refugees under subsection (c)(1) of this section,
(iii) for targeted assistance project grants under subsection (c)(2) of this section, and
(iv) for assistance for refugee children under subsection (d)(2) of this section.
(C) The Director may not delegate to a State or political subdivision his authority to review or approve grants or contracts under this subchapter or the terms under which such grants or contracts are made.
(5) Assistance and services funded under this section shall be provided to refugees without regard to race, religion, nationality, sex, or political opinion.
(6) As a condition for receiving assistance under this section, a State must—
(A) submit to the Director a plan which provides—
(i) a description of how the State intends to encourage effective refugee resettlement and to promote economic self-sufficiency as quickly as possible,
(ii) a description of how the State will insure that language training and employment services are made available to refugees receiving cash assistance,
(iii) for the designation of an individual, employed by the State, who will be responsible for insuring coordination of public and private resources in refugee resettlement,
(iv) for the care and supervision of and legal responsibility for unaccompanied refugee children in the State, and
(v) for the identification of refugees who at the time of resettlement in the State are determined to have medical conditions requiring, or medical histories indicating a need for, treatment or observation and such monitoring of such treatment or observation as may be necessary;
(B) meet standards, goals, and priorities, developed by the Director, which assure the effective resettlement of refugees and which promote their economic self-sufficiency as quickly as possible and the efficient provision of services; and
(C) submit to the Director, within a reasonable period of time after the end of each fiscal year, a report on the uses of funds provided under this subchapter which the State is responsible for administering.
(7) The Secretary, together with the Secretary of State with respect to assistance provided by the Secretary of State under subsection (b) of this section, shall develop a system of monitoring the assistance provided under this section. This system shall include—
(A) evaluations of the effectiveness of the programs funded under this section and the performance of States, grantees, and contractors;
(B) financial auditing and other appropriate monitoring to detect any fraud, abuse, or mismanagement in the operation of such programs; and
(C) data collection on the services provided and the results achieved.
(8) The Attorney General shall provide the Director with information supplied by refugees in conjunction with their applications to the Attorney General for adjustment of status, and the Director shall compile, summarize, and evaluate such information.
(9) The Secretary, the Secretary of Education, the Attorney General, and the Secretary of State may issue such regulations as each deems appropriate to carry out this subchapter.
(10) For purposes of this subchapter, the term "refugee" includes any alien described in
(b) Program of initial resettlement
(1)(A) For—
(i) fiscal years 1980 and 1981, the Secretary of State is authorized, and
(ii) fiscal year 1982 and succeeding fiscal years, the Director (except as provided in subparagraph (B)) is authorized,
to make grants to, and contracts with, public or private nonprofit agencies for initial resettlement (including initial reception and placement with sponsors) of refugees in the United States. Grants to, or contracts with, private nonprofit voluntary agencies under this paragraph shall be made consistent with the objectives of this subchapter, taking into account the different resettlement approaches and practices of such agencies. Resettlement assistance under this paragraph shall be provided in coordination with the Director's provision of other assistance under this subchapter. Funds provided to agencies under such grants and contracts may only be obligated or expended during the fiscal year in which they are provided (or the subsequent fiscal year or such subsequent fiscal period as the Federal contracting agency may approve) to carry out the purposes of this subsection.
(B) If the President determines that the Director should not administer the program under this paragraph, the authority of the Director under the first sentence of subparagraph (A) shall be exercised by such officer as the President shall from time to time specify.
(2) The Director is authorized to develop programs for such orientation, instruction in English, and job training for refugees, and such other education and training of refugees, as facilitates their resettlement in the United States. The Director is authorized to implement such programs, in accordance with the provisions of this section, with respect to refugees in the United States. The Secretary of State is authorized to implement such programs with respect to refugees awaiting entry into the United States.
(3) The Secretary is authorized,1 to make arrangements (including cooperative arrangements with other Federal agencies) for the temporary care of refugees in the United States in emergency circumstances, including the establishment of processing centers, if necessary, without regard to such provisions of law (other than the Renegotiation Act of 1951 [50 App. U.S.C. 1211 et seq.] and
(4) The Secretary,1 shall—
(A) assure that an adequate number of trained staff are available at the location at which the refugees enter the United States to assure that all necessary medical records are available and in proper order;
(B) provide for the identification of refugees who have been determined to have medical conditions affecting the public health and requiring treatment;
(C) assure that State or local health officials at the resettlement destination within the United States of each refugee are promptly notified of the refugee's arrival and provided with all applicable medical records; and
(D) provide for such monitoring of refugees identified under subparagraph (B) as will insure that they receive appropriate and timely treatment.
The Secretary shall develop and implement methods for monitoring and assessing the quality of medical screening and related health services provided to refugees awaiting resettlement in the United States.
(5) The Director is authorized to make grants to, and enter into contracts with, State and local health agencies for payments to meet their costs of providing medical screening and initial medical treatment to refugees.
(6) The Comptroller General shall directly conduct an annual financial audit of funds expended under each grant or contract made under paragraph (1) for fiscal year 1986 and for fiscal year 1987.
(7) Each grant or contract with an agency under paragraph (1) shall require the agency to do the following:
(A) To provide quarterly performance and financial status reports to the Federal agency administering paragraph (1).
(B)(i) To provide, directly or through its local affiliate, notice to the appropriate county or other local welfare office at the time that the agency becomes aware that a refugee is offered employment and to provide notice to the refugee that such notice has been provided, and
(ii) upon request of such a welfare office to which a refugee has applied for cash assistance, to furnish that office with documentation respecting any cash or other resources provided directly by the agency to the refugee under this subsection.
(C) To assure that refugees, known to the agency as having been identified pursuant to paragraph (4)(B) as having medical conditions affecting the public health and requiring treatment, report to the appropriate county or other health agency upon their resettlement in an area.
(D) To fulfill its responsibility to provide for the basic needs (including food, clothing, shelter, and transportation for job interviews and training) of each refugee resettled and to develop and implement a resettlement plan including the early employment of each refugee resettled and to monitor the implementation of such plan.
(E) To transmit to the Federal agency administering paragraph (1) an annual report describing the following:
(i) The number of refugees placed (by county of placement) and the expenditures made in the year under the grant or contract, including the proportion of such expenditures used for administrative purposes and for provision of services.
(ii) The proportion of refugees placed by the agency in the previous year who are receiving cash or medical assistance described in subsection (e) of this section.
(iii) The efforts made by the agency to monitor placement of the refugees and the activities of local affiliates of the agency.
(iv) The extent to which the agency has coordinated its activities with local social service providers in a manner which avoids duplication of activities and has provided notices to local welfare offices and the reporting of medical conditions of certain aliens to local health departments in accordance with subparagraphs (B)(i) and (C).
(v) Such other information as the agency administering paragraph (1) deems to be appropriate in monitoring the effectiveness of agencies in carrying out their functions under such grants and contracts.
The agency administering paragraph (1) shall promptly forward a copy of each annual report transmitted under subparagraph (E) to the Committees on the Judiciary of the House of Representatives and of the Senate.
(8) The Federal agency administering paragraph (1) shall establish criteria for the performance of agencies under grants and contracts under that paragraph, and shall include criteria relating to an agency's—
(A) efforts to reduce welfare dependency among refugees resettled by that agency,
(B) collection of travel loans made to refugees resettled by that agency for travel to the United States,
(C) arranging for effective local sponsorship and other nonpublic assistance for refugees resettled by that agency,
(D) cooperation with refugee mutual assistance associations, local social service providers, health agencies, and welfare offices,
(E) compliance with the guidelines established by the Director for the placement and resettlement of refugees within the United States, and
(F) compliance with other requirements contained in the grant or contract, including the reporting and other requirements under subsection (b)(7) of this section.
The Federal administering agency shall use the criteria in the process of awarding or renewing grants and contracts under paragraph (1).
(c) Project grants and contracts for services for refugees
(1)(A) The Director is authorized to make grants to, and enter into contracts with, public or private nonprofit agencies for projects specifically designed—
(i) to assist refugees in obtaining the skills which are necessary for economic self-sufficiency, including projects for job training, employment services, day care, professional refresher training, and other recertification services;
(ii) to provide training in English where necessary (regardless of whether the refugees are employed or receiving cash or other assistance); and
(iii) to provide where specific needs have been shown and recognized by the Director, health (including mental health) services, social services, educational and other services.
(B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on the total number of refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and who are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year.
(C) Any limitation which the Director establishes on the proportion of funds allocated to a State under this paragraph that the State may use for services other than those described in subsection (a)(1)(B)(ii) of this section shall not apply if the Director receives a plan (established by or in consultation with local governments) and determines that the plan provides for the maximum appropriate provision of employment-related services for, and the maximum placement of, employable refugees consistent with performance standards established under
(2)(A) The Director is authorized to make grants to States for assistance to counties and similar areas in the States where, because of factors such as unusually large refugee populations (including secondary migration), high refugee concentrations, and high use of public assistance by refugees, there exists and can be demonstrated a specific need for supplementation of available resources for services to refugees.
(B) Grants shall be made available under this paragraph—
(i) primarily for the purpose of facilitating refugee employment and achievement of self-sufficiency,
(ii) in a manner that does not supplant other refugee program funds and that assures that not less than 95 percent of the amount of the grant award is made available to the county or other local entity.
(d) Assistance for refugee children
(1) The Secretary of Education is authorized to make grants, and enter into contracts, for payments for projects to provide special educational services (including English language training) to refugee children in elementary and secondary schools where a demonstrated need has been shown.
(2)(A) The Director is authorized to provide assistance, reimbursement to States, and grants to and contracts with public and private nonprofit agencies, for the provision of child welfare services, including foster care maintenance payments and services and health care, furnished to any refugee child (except as provided in subparagraph (B)) during the thirty-six month period beginning with the first month in which such refugee child is in the United States.
(B)(i) In the case of a refugee child who is unaccompanied by a parent or other close adult relative (as defined by the Director), the services described in subparagraph (A) may be furnished until the month after the child attains eighteen years of age (or such higher age as the State's child welfare services plan under part B of title IV of the Social Security Act [
(ii) The Director shall attempt to arrange for the placement under the laws of the States of such unaccompanied refugee children, who have been accepted for admission to the United States, before (or as soon as possible after) their arrival in the United States. During any interim period while such a child is in the United States or in transit to the United States but before the child is so placed, the Director shall assume legal responsibility (including financial responsibility) for the child, if necessary, and is authorized to make necessary decisions to provide for the child's immediate care.
(iii) In carrying out the Director's responsibilities under clause (ii), the Director is authorized to enter into contracts with appropriate public or private nonprofit agencies under such conditions as the Director determines to be appropriate.
(iv) The Director shall prepare and maintain a list of (I) all such unaccompanied children who have entered the United States after April 1, 1975, (II) the names and last known residences of their parents (if living) at the time of arrival, and (III) the children's location, status, and progress.
(e) Cash assistance and medical assistance to refugees
(1) The Director is authorized to provide assistance, reimbursement to States, and grants to, and contracts with, public or private nonprofit agencies for 100 per centum of the cash assistance and medical assistance provided to any refugee during the thirty-six month period beginning with the first month in which such refugee has entered the United States and for the identifiable and reasonable administrative costs of providing this assistance.
(2)(A) Cash assistance provided under this subsection to an employable refugee is conditioned, except for good cause shown—
(i) on the refugee's registration with an appropriate agency providing employment services described in subsection (c)(1)(A)(i) of this section, or, if there is no such agency available, with an appropriate State or local employment service;
(ii) on the refugee's participation in any available and appropriate social service or targeted assistance program (funded under subsection (c) of this section) providing job or language training in the area in which the refugee resides; and
(iii) on the refugee's acceptance of appropriate offers of employment.
(B) Cash assistance shall not be made available to refugees who are full-time students in institutions of higher education (as defined by the Director after consultation with the Secretary of Education).
(C) In the case of a refugee who—
(i) refuses an offer of employment which has been determined to be appropriate either by the agency responsible for the initial resettlement of the refugee under subsection (b) of this section or by the appropriate State or local employment service,
(ii) refuses to go to a job interview which has been arranged through such agency or service, or
(iii) refuses to participate in a social service or targeted assistance program referred to in subparagraph (A)(ii) which such agency or service determines to be available and appropriate,
cash assistance to the refugee shall be terminated (after opportunity for an administrative hearing) for a period of three months (for the first such refusal) or for a period of six months (for any subsequent refusal).
(3) The Director shall develop plans to provide English training and other appropriate services and training to refugees receiving cash assistance.
(4) If a refugee is eligible for aid or assistance under a State plan approved under part A of title IV or under title XIX of the Social Security Act [
(5) The Director is authorized to allow for the provision of medical assistance under paragraph (1) to any refugee, during the one-year period after entry, who does not qualify for assistance under a State plan approved under title XIX of the Social Security Act [
(A) this will (i) encourage economic self-sufficiency, or (ii) avoid a significant burden on State and local governments; and
(B) the refugee meets such alternative financial resources and income requirements as the Director shall establish.
(6) As a condition for receiving assistance, reimbursement, or a contract under this subsection and notwithstanding any other provision of law, a State or agency must provide assurances that whenever a refugee applies for cash or medical assistance for which assistance or reimbursement is provided under this subsection, the State or agency must notify promptly the agency (or local affiliate) which provided for the initial resettlement of the refugee under subsection (b) of this section of the fact that the refugee has so applied.
(7)(A) The Secretary shall develop and implement alternative projects for refugees who have been in the United States less than thirty-six months, under which refugees are provided interim support, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces welfare dependency, and fosters greater coordination among the resettlement agencies and service providers. The Secretary may permit alternative projects to cover specific groups of refugees who have been in the United States 36 months or longer if the Secretary determines that refugees in the group have been significantly and disproportionately dependent on welfare and need the services provided under the project in order to become self-sufficient and that their coverage under the projects would be cost-effective.
(B) Refugees covered under such alternative projects shall be precluded from receiving cash or medical assistance under any other paragraph of this subsection or under title XIX or part A of title IV of the Social Security Act [
(C) The Secretary shall report to Congress not later than October 31, 1985, on the results of these projects and on any recommendations respecting changes in the refugee assistance program under this section to take into account such results.
(D) To the extent that the use of such funds is consistent with the purposes of such provisions, funds appropriated under
(8) In its provision of assistance to refugees, a State or political subdivision shall consider the recommendations of, and assistance provided by, agencies with grants or contracts under subsection (b)(1) of this section.
(f) Assistance to States and counties for incarceration of certain Cuban nationals; priority for removal and return to Cuba
(1) The Attorney General shall pay compensation to States and to counties for costs incurred by the States and counties to confine in prisons, during the fiscal year for which such payment is made, nationals of Cuba who—
(A) were paroled into the United States in 1980 by the Attorney General,
(B) after such parole committed any violation of State or county law for which a term of imprisonment was imposed, and
(C) at the time of such parole and such violation were not aliens lawfully admitted to the United States—
(i) for permanent residence, or
(ii) under the terms of an immigrant or a nonimmigrant visa issued,
under this chapter.
(2) For a State or county to be eligible to receive compensation under this subsection, the chief executive officer of the State or county shall submit to the Attorney General, in accordance with rules to be issued by the Attorney General, an application containing—
(A) the number and names of the Cuban nationals with respect to whom the State or county is entitled to such compensation, and
(B) such other information as the Attorney General may require.
(3) For a fiscal year the Attorney General shall pay the costs described in paragraph (1) to each State and county determined by the Attorney General to be eligible under paragraph (2); except that if the amounts appropriated for the fiscal year to carry out this subsection are insufficient to cover all such payments, each of such payments shall be ratably reduced so that the total of such payments equals the amounts so appropriated.
(4) The authority of the Attorney General to pay compensation under this subsection shall be effective for any fiscal year only to the extent and in such amounts as may be provided in advance in appropriation Acts.
(5) It shall be the policy of the United States Government that the President, in consultation with the Attorney General and all other appropriate Federal officials and all appropriate State and county officials referred to in paragraph (2), shall place top priority on seeking the expeditious removal from this country and the return to Cuba of Cuban nationals described in paragraph (1) by any reasonable and responsible means, and to this end the Attorney General may use the funds authorized to carry out this subsection to conduct such policy.
(June 27, 1952, ch. 477, title IV, ch. 2, §412, as added Mar. 17, 1980,
References in Text
The Renegotiation Act of 1951, referred to in subsec. (b)(3), is act Mar. 23, 1951, ch. 15,
The Social Security Act, referred to in subsecs. (d)(2)(B)(i), (e)(4), (5), (7)(B), (D), is act Aug. 14, 1935, ch. 531,
Amendments
1994—Subsec. (a)(2)(A).
Subsec. (b)(3), (4).
Subsec. (e)(7)(C).
Subsec. (e)(7)(D).
1988—Subsecs. (f)(5), (g).
1986—Subsec. (a)(2)(A).
Subsec. (a)(2)(C)(iii).
Subsec. (a)(2)(D).
Subsec. (a)(4).
Subsec. (a)(9).
Subsec. (b)(1)(A).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (c)(1).
Subsec. (c)(1)(C).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (e)(2)(A).
Subsec. (e)(2)(A)(i).
Subsec. (e)(2)(A)(ii).
Subsec. (e)(2)(C).
Subsec. (e)(7)(A).
Subsec. (e)(8).
Subsecs. (f), (g).
1984—Subsec. (e)(7).
1983—Subsec. (b)(1)(B).
1982—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (a)(2)(A).
Subsec. (a)(2)(B), (C).
Subsec. (a)(3).
Subsec. (b)(1)(A).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(6).
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Section 6(c) of
Effective Date of 1986 Amendment
Section 5(d) of
"(1) Section 412(b)(7) (other than subparagraphs (B)(i), (C), and (D)) of the Immigration and Nationality Act [
"(2) Section 412(b)(7)(D) of the Immigration and Nationality Act [
"(3) The criteria required under the amendment made by subsection (c) [amending this section] shall be established not later than 60 days after the date of the enactment of this Act [Nov. 6, 1986]."
Section 6(c) of
Section 9(c) of
Effective Date of 1984 Amendment
Section 101(d) of
Effective Date of 1982 Amendment
Section 8 of
"(1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 [amending this section and
"(2) sections 5(2), 6(b), and 6(c) [amending this section] apply to grants and contracts made, and assistance furnished, on or after October 1, 1982."
Effective Date
Section 313 of part B of title III of
"(a) Except as otherwise provided in this section, the amendments made by this part [enacting
"(b) Subject to subsection (c), the limitations contained in sections 412(d)(2)(A) and 412(e)(1) of the Immigration and Nationality Act [subsecs. (d)(2)(A) and (e)(1) of this section] on the duration of the period for which child welfare services and cash and medical assistance may be provided to particular refugees shall not apply to such services and assistance provided before April 1, 1981.
"(c) Notwithstanding section 412(e)(1) of the Immigration and Nationality Act [subsec. (e)(1) of this section] and in lieu of any assistance which may otherwise be provided under such section with respect to Cuban refugees who entered the United States and were receiving assistance under section 2(b) of the Migration and Refugee Assistance Act of 1962 [
"(1) to provide reimbursement—
"(A) in fiscal year 1980, for 75 percent,
"(B) in fiscal year 1981, for 60 percent,
"(C) in fiscal year 1982, for 45 percent, and
"(D) in fiscal year 1983, for 25 percent,
of the non-Federal costs or providing cash and medical assistance (other than assistance described in paragraph (2)) to such refugees, and
"(2) to provide reimbursement in any fiscal year for 100 percent of the non-Federal costs associated with such Cuban refugees with respect to whom supplemental security income payments were being paid as of September 30, 1978, under title XVI of the Social Security Act [
"(d) the requirements of section 412(a)(6)(A) of the Immigration and Nationality Act [subsec. (a)(6)(A) of this section] shall apply to assistance furnished under
Maintaining Funding Level of Matching Grant Program
Section 7 of
"(a)
"(b)
Reimbursement to State and Local Public Agencies for Expenses Incurred for Providing Social Services to Applicants for Asylum
Section 401 of
"(a) The Director of the Office of Refugee Resettlement is authorized to use funds appropriated under paragraphs (1) and (2) of section 414(a) of the Immigration and Nationality Act [
"(b) The Attorney General is authorized to grant to an alien described in subsection (c) of this section permission to engage in employment in the United States and to provide to that alien an 'employment authorized' endorsement or other appropriate work permit.
"(c) This section applies with respect to any alien in the United States (1) who has applied before November 1, 1979, for asylum in the United States, (2) who has not been granted asylum, and (3) with respect to whom a final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered."
Eligibility of Certain Cuban-Haitian Entrants Entering After Nov. 1, 1979
Cuban Refugees; Incarceration and Deportation of Certain Cubans
Refugee Education Assistance Act of 1980
"Title I—General Provisions
"definitions
"(1) The terms 'elementary school', 'local educational agency', 'secondary school', 'State', and 'State educational agency' have the meanings given such terms under section 14101 of the Elementary and Secondary Education Act of 1965 [
"(2) The term 'elementary or secondary nonpublic schools' means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 [
"(3) The term 'eligible participant' means any alien who—
"(A) has been admitted into the United States as a refugee under section 207 of the Immigration and Nationality Act [
"(B) has been paroled into the United States as a refugee by the Attorney General pursuant to section 212(d)(5) of such Act [
"(C) is an applicant for asylum, or has been granted asylum, in the United States; or
"(D) has fled from the alien's country of origin and has, pursuant to an Executive order of the President, been permitted to enter the United States and remain in the United States indefinitely for humanitarian reasons;
but only during the 36-month [period] beginning with the first month in which the alien entered the United States (in the case of an alien described in (A), (B), or (D)) or the month in which the alien applied for asylum (in the case of an alien described in subparagraph (C)).
"(4) The term 'Secretary' means the Secretary of Education.
"authorizations and allocation of appropriations
"(b)(1) If the sums appropriated for any fiscal year to make payments to States under this Act are not sufficient to pay in full the sum of the amounts which State educational agencies are entitled to receive under titles II through IV for such year, the allocations to State educational agencies under each of such titles shall be ratably reduced by the same percentage to the extent necessary to bring the aggregate of such allocations within the limits of the amounts so appropriated.
"(2) In the event that funds become available for making payments under this Act for any period after allocations have been made under paragraph (1) of this subsection for such period, the amounts reduced under such paragraph shall be increased on the same basis as they were reduced.
"treatment of certain jurisdictions
"(b)(1) Each jurisdiction to which this section applies shall be entitled to grants for the purposes set forth in sections 201(a), 302, and 402 in amounts equal to amounts determined by the Secretary in accordance with criteria established by the Secretary, except that the aggregate of the amount to which such jurisdictions are so entitled for any period—
"(A) for the purposes set forth in section 201(a), shall not exceed an amount equal to 1 percent of the amount authorized to be appropriated under section 201 for that period;
"(B) for the purposes set forth in section 302, shall not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled under section 301 for that period; and
"(C) for the purposes set forth in section 402, shall not exceed an amount equal to 1 percent of the aggregate of the amounts to which all States are entitled under section 401 for that period.
"(2) If the aggregate of the amounts determined by the Secretary pursuant to paragraph (1) to be so needed for any period exceeds an amount equal to such 1 percent limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such limitation.
"state administrative costs
"withholding
"consultation with other agencies
"Title II—General Assistance for Local Educational Agencies
"state entitlements
"(b)(1) As soon as possible after the date of the enactment of the Consolidated Refugee Education Assistance Act [Aug. 13, 1981], the Secretary shall establish a formula (reflecting the availability of the full amount authorized for this title under section 203(b)) by which to determine the amount of the grant which each State educational agency is entitled to receive under this title for any fiscal year. The formula established by the Secretary shall take into account the number of years that an eligible participant assisted under this title has resided within the United States and the relative costs, by grade level, of providing education for elementary and secondary school children. On the basis of the formula the Secretary shall allocate among the State educational agencies, for each fiscal year, the amounts available to carry out this title, subject to such reductions or adjustments as may be required under paragraph (2) or subsection (c). Funds shall be allocated among State educational agencies pursuant to the formula without regard to variations in educational costs among different geographical areas.
"(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).
"(3) For the purpose of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 201(a) shall be considered to be payments under this title.
"(c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data.
"applications
"(1) provide that the payments under this title will be used for the purposes set forth in section 201(a);
"(2) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with the formula established by the Secretary under section 201, subject to any reductions in payments for those local educational agencies identified under paragraph (3) to which funds described by section 201(b)(2) are made available for the same purposes under other Federal laws;
"(3) specify the amount of funds described by section 201(b)(2) which are made available under other Federal laws for expenditure within the State for the same purposes as those for which funds are made available under this title and the local educational agencies to which such funds are made available;
"(4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting the application for such funds reasonable notice and opportunity for a hearing; and
"(5) provide for making such reports as the Secretary may reasonably require to carry out this title.
"(b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency.
"payments and authorizations
"(b) For fiscal year 1981 and for each subsequent fiscal year, there is authorized to be appropriated, in the manner specified under section 102, to make payments under this title an amount equal to the product of—
"(1) the total number of eligible participants enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies within all the States (other than the jurisdictions to which section 103 is applicable) during the fiscal year for which the determination is made,
multiplied by—
"(2) $400.
"Title III—Special Impact Assistance for Substantial Increases in Attendance
"state entitlements
"(b)(1) Except as provided in paragraph (3) of this subsection and in subsections (c) and (d) of this section, the amount of the grant to which a State educational agency is entitled under this title for any fiscal year shall be equal to the sum of—
"(A) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants less than one year, multiplied by (ii) $700;
"(B) the amount equal to the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants at least one year but not more than two years, multiplied by (ii) $500; and
"(C) the product of (i) the number of eligible participants enrolled during the period for which the determination is made in elementary or secondary public schools under the jurisdiction of each local educational agency described under paragraph (2) within that State, or in any elementary or secondary nonpublic school within the district served by each such local educational agency, who have been eligible participants more than two years but not more than three years, multiplied by (ii) $300.
"(2) The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of eligible participants who are enrolled in elementary or secondary public schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this title, and are receiving supplementary educational services during such period, is equal to—
"(A) at least 500; or
"(B) at least 5 percent of the total number of students enrolled in such public or nonpublic schools during such fiscal year;
whichever number is less. Notwithstanding the provisions of this paragraph, the local educational agencies referred to in paragraph (1) shall include local educational agencies eligible to receive assistance by reason of the last sentence of section 3(b) and section 3(c)(2)(B) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) [formerly
"(3) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available under any other Federal law to agencies or other entities for educational, or education-related, services or activities within the State because of the significant concentration of eligible participants. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).
"(4) For the purpose of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 302 shall be considered to be payments under this title.
"(5) The amount of the grant to which a State educational agency is entitled as a result of the last sentence of paragraph (2) shall be limited to eligible participants who meet the requirements of section 101(4).
"(c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(3) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data.
"(d) Whenever the Secretary determines that any amount of a payment made to a State under this title for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. Any amount made available to a State from an appropriation for a fiscal year in accordance with the preceding sentence shall, for purposes of this title, be regarded as part of such State's payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year.
"uses of funds
"(b) Financial assistance provided under this title shall be available to meet the costs of providing eligible participants supplementary educational services, including but not limited to—
"(1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance, including—
"(A) English language instruction;
"(B) other bilingual educational services; and
"(C) special materials and supplies;
"(2) additional basic instructional services which are directly attributable to the presence in the school district of eligible participants, including the costs of providing additional classroom supplies, overhead costs, costs of construction, acquisition or rental of space, costs of transportation, or such other costs as are directly attributable to such additional basis instructional services; and
"(3) special inservice training for personnel who will be providing instruction described in either paragraph (1) or (2) of this subsection.
"applications
"(1) provide that the educational programs, services and activities for which payments under this title are made will be administered by or under the supervision of the agency;
"(2) provide assurances that payments under this title will be used for purposes set forth in section 302;
"(3) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with section 301, subject to any reductions in payments for local educational agencies identified under paragraph (5) to take into account the funds described by section 301(b)(3) that are made available for educational, or education-related, services or activities for eligible participants enrolled in elementary or secondary public schools under the jurisdiction of such agencies or elementary or secondary nonpublic schools within the districts served by such agencies;
"(4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing;
"(5) specify (A) the amount of funds described by section 301(b)(3) that are made available under other Federal laws to agencies or other entities for educational, or education-related, services or activities within the State because of a significant concentration of eligible participants, and (B) the local educational agencies within whose districts are eligible participants provided services from such funds who are enrolled in elementary or secondary schools under the jurisdiction of such agencies, or in elementary or secondary nonpublic schools served by such agencies;
"(6) provide for making such reports as the Secretary may reasonably require to perform his functions under this Act; and
"(7) provide assurances—
"(A) that to the extent consistent with the number of eligible participants enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children;
"(B) that the control of funds provided under this paragraph and the title to any materials, equipment, and property repaired, remodeled, or constructed with those funds shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property; and
"(C) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency or corporation who or which, in the provision of such services, is independent of such elementary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds.
"(b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency.
"payments
"(b) If a State is prohibited by law from providing public educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 303(a)(6), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this Act.
"Title IV—Adult Education Programs
"state entitlements
"(b)(1) Except as provided in subsection (c) of this section, the amount of the grant to which a State educational agency is entitled under this Act, for any fiscal year described in subsection (a), shall be equal to the product of—
"(A) the number of eligible participants aged 16 or older who are enrolled, during the period for which the determination is made, in programs of instruction referred to in section 402 which are offered within that State, other than any such refugees who are enrolled in elementary or secondary public schools under the jurisdiction of local educational agencies;
multiplied by—
"(B) $300.
"(2) The amount of the grant to which a State educational agency is otherwise entitled for any fiscal year, as determined under paragraph (1), shall be reduced by the amounts made available for such fiscal year under any other Federal law for expenditure within the State for the same purposes as those for which funds are made available under this title, except that the reduction shall be made only to the extent that (A) such amounts are made available for such purposes specifically because of the refugee, parolee, or asylee status of the individuals to be served by such funds, and (B) such amounts are made available to provide assistance to individuals eligible for services under this title. The amount of the reduction required under this paragraph shall be determined by the Secretary in a manner consistent with subsection (c).
"(3) For the purpose of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The entitlements of such jurisdictions shall be determined in the manner specified in section 103, but for purposes of this title and section 105 any payments made under section 103 for the purposes set forth in section 402 shall be considered to be payments under this title.
"(c) Determinations by the Secretary under this title for any period with respect to the number of eligible participants and the amount of the reduction under subsection (b)(2) shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate because of an underestimate or overestimate to deprive any State educational agency of its entitlement to any payment (or the amount thereof) under this title to which such agency would be entitled had such determination been made on the basis of accurate data.
"use of funds
"(1) programs of instruction of such adult refugees in basic reading and mathematics, in development and enhancement of necessary skills, and for the promotion of literacy among such refugees;
"(2) administrative costs of planning and operating such programs of instruction;
"(3) educational support services which meet the need for such adult refugees, including guidance and counseling with regard to educational, career, and employment opportunities; and
"(4) special projects designed to operate in conjunction with existing Federal and non-Federal programs and activities to develop occupational and related skills for individuals, particularly programs authorized under the Comprehensive Employment and Training Act of 1973 [
"(b) The State educational agency shall review applications for grants and contracts in a manner consistent with the purposes of paragraphs (12) and (13) of section 306(b) of the Adult Education Act [
"(c) The State educational agency shall provide for the use of funds made available under this title in such manner that the maximum number of eligible participants aged 16 or older residing within the State receive education under the programs of instruction described under subsection (a).
"applications
"(1) provide that payments made under this title will be used only for the purposes, and in the manner, set forth in section 402;
"(2) specify the amount of reduction required under section 401(b)(2);
"(3) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the entity submitting an application for such funds reasonable notice and opportunity for a hearing; and
"(4) provide for making periodic reports to the Secretary evaluating the effectiveness of the payments made under this title, and such other reports as the Secretary may reasonably require to perform his functions under this Act.
"(b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency.
"Title V—Other Provisions Relating to Cuban and Haitian Entrants
"authorities for other programs and activities
"(2) Any reference in chapter III of title I of the Supplemental Appropriations and Rescission Act, 1980 [
"(b) In addition, the President may, by regulation, provide that benefits granted under any law of the United States (other than the Immigration and Nationality Act [
"(c)(1)(A) Any Federal agency may, under the direction of the President, provide assistance (in the form of materials, supplies, equipment, work, services, facilities, or otherwise) for the processing, care, maintenance, security, transportation, and initial reception and placement in the United States of Cuban and Haitian entrants. Such assistance shall be provided on such terms and conditions as the President may determine.
"(B) Funds available to carry out this subsection shall be used to reimburse State and local governments for expenses which they incur for the purposes described in subparagraph (A). Such funds may be used to reimburse Federal agencies for assistance which they provide under subparagraph (A).
"(2) The President may direct the head of any Federal agency to detail personnel of that agency, on either a reimbursable or nonreimbursable basis, for temporary duty with any Federal agency directed to provide supervision and management for purposes of this subsection.
"(3) The furnishing of assistance or other exercise of functions under this subsection shall not be considered a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 [
"(4) Funds to carry out this subsection may be available until expended.
"(5) [Repealed.
"(d) The authorities provided in this section are applicable to assistance and services provided with respect to Cuban or Haitian entrants at any time after their arrival in the United States, including periods prior to the enactment of this section.
"(e) As used in this section, the term 'Cuban and Haitian entrant' means—
"(1) any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; and
"(2) any other national of Cuba or Haiti—
"(A) who—
"(i) was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act [
"(ii) is the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or
"(iii) has an application for asylum pending with the Immigration and Naturalization Service; and
"(B) with respect to whom a final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered."
[
[
[For termination of Trust Territory of the Pacific Islands, see note set out preceding
Consolidated Refugee Education Assistance Act
Executive Order No. 12246
Ex. Ord. No. 12246, Oct. 10, 1980, 45 F.R. 68367, which delegated to the Secretary of State the functions of the President under section 501(c) of
Executive Order No. 12251
Ex. Ord. No. 12251, Nov. 15, 1980, 45 F.R. 76085, which related to the delegation of functions concerning educational assistance to Cuban and Haitian entrants, was revoked by Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341, set out below.
Ex. Ord. No. 12341. Delegation of Functions Concerning Educational Assistance to Cuban and Haitian Entrants
Ex. Ord. No. 12341, Jan. 21, 1982, 47 F.R. 3341, provided:
By the authority vested in me as President of the United States of America by Section 501 of the Refugee Education Assistance Act of 1980 (
Ronald Reagan.
Presidential Determination Authorizing Transportation for Certain Unaccompanied Minors, Elderly, and Ill Individuals
Determination of President of the United States, No. 95–10, Dec. 15, 1994, 59 F.R. 65891, provided:
Memorandum for the Secretary of Defense [and] the Attorney General
It is hereby determined that the Secretary of Defense shall assist the Attorney General under section 501(c) of the Refugee Education Assistance Act of 1980 (
The Secretary of Defense is authorized and directed to publish this determination in the Federal Register.
William J. Clinton.
Cross References
Reimbursement of States for costs of incarcerating illegal aliens and certain Cuban nationals, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
§1523. Congressional reports
(a) The Secretary shall submit a report on activities under this subchapter to the Committees on the Judiciary of the House of Representatives and of the Senate not later than the January 31 following the end of each fiscal year, beginning with fiscal year 1980.
(b) Each such report shall contain—
(1) an updated profile of the employment and labor force statistics for refugees who have entered the United States within the five-fiscal-year period immediately preceding the fiscal year within which the report is to be made and for refugees who entered earlier and who have shown themselves to be significantly and disproportionately dependent on welfare, as well as a description of the extent to which refugees received the forms of assistance or services under this subchapter during that period;
(2) a description of the geographic location of refugees;
(3) a summary of the results of the monitoring and evaluation conducted under
(4) a description of (A) the activities, expenditures, and policies of the Office under this subchapter and of the activities of States, voluntary agencies, and sponsors, and (B) the Director's plans for improvement of refugee resettlement;
(5) evaluations of the extent to which (A) the services provided under this subchapter are assisting refugees in achieving economic self-sufficiency, achieving ability in English, and achieving employment commensurate with their skills and abilities, and (B) any fraud, abuse, or mismanagement has been reported in the provisions of services or assistance;
(6) a description of any assistance provided by the Director pursuant to
(7) a summary of the location and status of unaccompanied refugee children admitted to the United States; and
(8) a summary of the information compiled and evaluation made under
(June 27, 1952, ch. 477, title IV, ch. 2, §413, as added Mar. 17, 1980,
Amendments
1994—Subsec. (a).
1988—
1986—Subsec. (a)(2)(A).
1982—Subsec. (c).
Subsec. (d).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§1524. Authorization of appropriations
(a) There are authorized to be appropriated for fiscal year 1995, fiscal year 1996, and fiscal year 1997 such sums as may be necessary to carry out this subchapter.
(b) The authority to enter into contracts under this subchapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.
(June 27, 1952, ch. 477, title IV, ch. 2, §414, as added Mar. 17, 1980,
Amendments
1994—Subsec. (a).
1993—Subsec. (a).
1991—Subsec. (a).
1988—Subsec. (a)(1).
1986—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4).
1982—Subsec. (a).
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§1525. Repealed. Pub. L. 103–236, title I, §162(m)(3), Apr. 30, 1994, 108 Stat. 409
Section,
Effective Date of Repeal
Repeal 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