-CITE-
    8 USC TITLE 8 - ALIENS AND NATIONALITY                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    
-HEAD-    
                     TITLE 8 - ALIENS AND NATIONALITY                 

-MISC1-
                                                                
    Chap.                                                            Sec.
    1.      General Provisions [Repealed or Omitted]                   1
    2.      Elective Franchise [Transferred]                          31
    3.      Civil Rights [Transferred or Repealed]                    41
    4.      Freedmen [Omitted]                                        61
    5.      Alien Ownership of Land [Transferred or Omitted]          71
    6.      Immigration [Transferred, Omitted, or Repealed]          100
    7.      Exclusion of Chinese [Omitted or Repealed]               261
    8.      The Cooly Trade [Repealed]                               331
    9.      Miscellaneous Provisions [Repealed or Transferred]       351
    10.     Alien Registration [Repealed]                            451
    11.     Nationality [Repealed or Transferred]                    501
    12.     Immigration and Nationality                             1101
    13.     Immigration and Naturalization Service                  1551
    14.     Restricting Welfare and Public Benefits for Aliens      1601
    15.     Enhanced Border Security and Visa Entry Reform          1701

-End-

-CITE-
    8 USC CHAPTER 1 - GENERAL PROVISIONS                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
                      CHAPTER 1 - GENERAL PROVISIONS                  

-End-

-CITE-
    8 USC Secs. 1 to 18                                         01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 1 - GENERAL PROVISIONS

-HEAD-
    Secs. 1 to 18. Repealed or Omitted

-MISC1-
      These sections, relating to citizenship, were affected by the
    Nationality Act of 1940, former section 501 et seq. of this title.
      That act was passed on Oct. 14, 1940, to consolidate and restate
    the laws of the United States regarding citizenship,
    naturalization, and expatriation, and, in addition to certain
    specific repeals thereby, all acts or parts of acts in conflict
    with its provisions were repealed by former section 904 of this
    title. See the notes below for history of individual sections.
      Section 1, relating to citizenship of persons born in the United
    States, was repealed by act Oct. 14, 1940, ch. 876, title I, subch.
    V, Sec. 504, 54 Stat. 1172. It was from R.S. Sec. 1992, which was
    revised from act Apr. 9, 1866, ch. 31, Sec. 1, 14 Stat. 27. Similar
    provisions were contained in former section 601(a) of this title.
    See section 1401 of this title.
      Section 2, relating to citizenship of persons born in Territory
    of Oregon, was from R.S. Sec. 1995, which was revised from act May
    18, 1872, ch. 172, Sec. 3, 17 Stat. 134.
      Sections 3 to 3c, related to citizenship of Indians. Section 3
    was from acts Feb. 8, 1887, ch. 119, Sec. 6, 24 Stat. 390; Mar. 3,
    1901, ch. 868, 31 Stat. 1447; May 8, 1906, ch. 2348, 34 Stat. 182;
    Nov. 6, 1919, ch. 95, 41 Stat. 350; Mar. 3, 1921, ch. 120, Sec. 3,
    41 Stat. 1250; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 14, 1940,
    ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1173. Section 3a was
    from act June 19, 1930, ch. 544, 46 Stat. 787. Section 3b was from
    acts May 7, 1934, ch. 221, Sec. 1, 48 Stat. 667; July 23, 1947, ch.
    304, Sec. 1, 61 Stat. 414. Section 3c was from act May 7, 1934, ch.
    221, Sec. 2, 48 Stat. 667.
      Section 4, relating to citizenship of Hawaiians, was from act
    Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141. See section 1405 of
    this title.
      Sections 5 and 5a, relating to citizenship of Puerto Ricans, were
    from act Mar. 2, 1917, ch. 145, Secs. 5, 5a, respectively, 39 Stat.
    953, as amended Mar. 4, 1927, ch. 503, Sec. 2, 44 Stat. 1418; May
    17, 1932, ch. 190, 47 Stat. 158. See section 1402 of this title.
      Section 5a-1, making a further extension of time for Puerto
    Ricans to become citizens in cases of misinformation regarding
    status, was repealed by act Oct. 14, 1940, ch. 876, title I, subch.
    V, Sec. 504, 54 Stat. 1174. It was from act May 16, 1938, ch. 225,
    52 Stat. 377. See section 1402 of this title.
      Sections 5b and 5c, relating to citizenship of inhabitants of the
    Virgin Islands, were from act Feb. 25, 1927, ch. 192, Secs. 1, 3,
    respectively, 44 Stat. 1234, 1235, as amended May 17, 1932, ch.
    190, 47 Stat. 158; June 28, 1932, ch. 283, Sec. 5, 47 Stat. 336.
    See section 1406 of this title.
      Sections 5d to 9a were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1174. Sections 5d and 5e,
    relating to citizenship of persons born in Canal Zone or Panama,
    were from act Aug. 4, 1937, ch. 563, Secs. 1, 2, respectively, 50
    Stat. 558; see section 1403 of this title. Section 6, relating to
    citizenship of children born outside the United States, was from
    R.S. Sec. 1993 (revised from acts Apr. 14, 1802, ch. 28, Sec. 4, 2
    Stat. 155; Feb. 10, 1855, ch. 71, Sec. 1, 10 Stat. 604); act Mar.
    2, 1907, ch. 2534, Secs. 6, 7, 34 Stat. 1229, as amended May 24,
    1934, ch. 344, Sec. 1, 48 Stat. 797; see sections 1431 to 1433 of
    this title. Section 7, relating to citizenship of children of
    persons naturalized under certain laws, was from R.S. Sec. 2172,
    which was revised from act Apr. 14, 1802, ch. 28, Sec. 4, 2 Stat.
    155. Section 8, relating to citizenship, upon parent's
    naturalization, of children born abroad of alien parents, was from
    act Mar. 2, 1907, ch. 2534, Sec. 5, 34 Stat. 1229, as amended May
    24, 1934, ch. 344, Sec. 2, 48 Stat. 797. Section 9, relating to
    citizenship of women citizens as affected by marriage, was from
    acts Sept. 22, 1922, ch. 411, Sec. 3(a), 42 Stat. 1022; July 3,
    1930, ch. 835, Sec. 1, 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec.
    4(a), 46 Stat. 1511; see section 1435 of this title. Section 9a,
    relating to repatriation of native-born women married to aliens
    prior to Sept. 22, 1922, was from act June 25, 1936, ch. 801, 49
    Stat. 1917, as amended July 2, 1940, ch. 509, 54 Stat. 715; see
    section 1435(c) of this title.
      Section 10, relating to effect of certain repeals on citizenship
    of women marrying citizens, was from act Sept. 22, 1922, ch. 411,
    Sec. 6, 42 Stat. 1022.
      Sections 11 and 12, relating to forfeiture of citizenship for
    desertion from armed forces, were repealed by acts Aug. 10, 1956,
    ch. 1041, Sec. 53, 70A Stat. 644, and Sept. 6, 1966, Pub. L. 89-
    554, Sec. 8, 80 Stat. 632. Section 11 was from R.S. Sec. 1998
    (revised from act Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490) as
    amended by acts Aug. 22, 1912, ch. 336, Sec. 1, 37 Stat. 356; Oct.
    14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.
    Section 12 was from R.S. Secs. 1996, 1997, which were revised from
    acts Mar. 3, 1865, ch. 79, Sec. 21, 13 Stat. 490, and July 19,
    1867, ch. 28, 15 Stat. 14, respectively; see sections 1481 and 1483
    of this title.
      Sections 13 and 14, relating to protection of citizens when
    abroad, were transferred to sections 1731 and 1732 of Title 22,
    Foreign Relations and Intercourse.
      Section 15, R.S. Sec. 1999, which relates to right of
    expatriation, is now set out as a note under section 1481 of this
    title.
      Sections 16 to 18, relating to loss of citizenship, were repealed
    by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54
    Stat. 1172. Section 16 was from act Mar. 2, 1907, ch. 2534, Sec. 2,
    34 Stat. 1228. Section 17 was from act Mar. 2, 1907, ch. 2534,
    Secs. 2, 7, 34 Stat. 1228, 1229; see sections 1481(a), 1482 and
    1484 of this title. Section 17a was from act May 24, 1934, ch. 344,
    Sec. 3, 48 Stat. 797; see section 1481(a) of this title. Section 18
    was from acts June 29, 1906, ch. 3592, Sec. 4(12), 34 Stat. 596;
    May 9, 1918, ch. 69, Sec. 1, 40 Stat. 545; June 21, 1930, ch. 559,
    46 Stat. 791; see sections 1438(a), 1454, 1455, and 1459 of this
    title.

-End-

-CITE-
    8 USC CHAPTER 2 - ELECTIVE FRANCHISE                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 2 - ELECTIVE FRANCHISE

-HEAD-
                      CHAPTER 2 - ELECTIVE FRANCHISE                  

-End-

-CITE-
    8 USC Secs. 31, 32                                          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 2 - ELECTIVE FRANCHISE

-HEAD-
    Secs. 31, 32. Transferred

-COD-
                               CODIFICATION                           
      Sections 31 and 32 transferred to sections 1971 and 1972,
    respectively, of Title 42, The Public Health and Welfare.

-End-

-CITE-
    8 USC CHAPTER 3 - CIVIL RIGHTS                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
                         CHAPTER 3 - CIVIL RIGHTS                     

-End-

-CITE-
    8 USC Secs. 41 to 43                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
    Secs. 41 to 43. Transferred

-COD-
                               CODIFICATION                           
      Sections 41 to 43 transferred to sections 1981 to 1983,
    respectively, of Title 42, The Public Health and Welfare.

-End-

-CITE-
    8 USC Secs. 44, 45                                          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
    Secs. 44, 45. Repealed.

-MISC1-
    Secs. 44, 45. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.
      862, eff. Sept. 1, 1948.
      Section 44, act Mar. 1, 1875, ch. 114, Sec. 4, 18 Stat. 336,
    related to exclusion of jurors on account of race or color. See
    section 243 of Title 18, Crimes and Criminal Procedure.
      Section 45, acts Mar. 1, 1875, ch. 114, Sec. 3, 18 Stat. 336; May
    28, 1896, ch. 252, Sec. 19, 29 Stat. 184, related to prosecutions
    for banning jurors because of race or color. See section 243 of
    Title 18.

-End-

-CITE-
    8 USC Secs. 46 to 51                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
    Secs. 46 to 51. Transferred

-COD-
                               CODIFICATION                           
      Sections 46 to 51 transferred to sections 1984 to 1987, 1989, and
    1990, respectively, of Title 42, The Public Health and Welfare.

-End-

-CITE-
    8 USC Sec. 52                                               01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
    Sec. 52. Repealed.

-MISC1-
    Sec. 52. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992,
      eff. Sept. 1, 1948.
      Section, R.S. Sec. 1986; acts May 28, 1896, ch. 252, Sec. 6, 29
    Stat. 179; Feb. 26, 1919, ch. 49, Sec. 1, 40 Stat. 1182; Feb. 11,
    1921, ch. 46, 41 Stat. 1099, related to fees of district attorneys,
    marshals, and clerks of court.

-End-

-CITE-
    8 USC Secs. 53 to 56                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 3 - CIVIL RIGHTS

-HEAD-
    Secs. 53 to 56. Transferred

-COD-
                               CODIFICATION                           
      Sections 53 to 56 transferred to sections 1991, 1992, former
    section 1993, and section 1994, respectively, of Title 42, The
    Public Health and Welfare.

-End-

-CITE-
    8 USC CHAPTER 4 - FREEDMEN                                  01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 4 - FREEDMEN

-HEAD-
                           CHAPTER 4 - FREEDMEN                       

-End-

-CITE-
    8 USC Secs. 61 to 65                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 4 - FREEDMEN

-HEAD-
    Secs. 61 to 65. Omitted

-COD-
                               CODIFICATION                           
      Section 61, R.S. 2032, related to continuation of laws then in
    force.
      Section 62, R.S. 2033, related to enforcement of laws by former
    Secretary of War.
      Section 63, acts Mar. 3, 1879, ch. 182, Sec. 2, 20 Stat. 402;
    Feb. 1, 1888, ch. 4, Sec. 1, 25 Stat. 9; July 1, 1898, ch. 546, 30
    Stat. 640, related to claims for pay or bounty.
      Section 64, act July 1, 1902, ch. 1351, 32 Stat. 556, related to
    retained bounty fund.
      Section 65, R.S. Sec. 2037, related to wives and children of
    colored soldiers.

-End-

-CITE-
    8 USC CHAPTER 5 - ALIEN OWNERSHIP OF LAND                   01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 5 - ALIEN OWNERSHIP OF LAND

-HEAD-
                    CHAPTER 5 - ALIEN OWNERSHIP OF LAND                

-End-

-CITE-
    8 USC Secs. 71 to 78                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 5 - ALIEN OWNERSHIP OF LAND

-HEAD-
    Secs. 71 to 78. Transferred

-COD-
                               CODIFICATION                           
      Sections 71 to 78 transferred to sections 1501 to 1508,
    respectively, of Title 48, Territories and Insular Possessions.

-End-

-CITE-
    8 USC Secs. 79 to 82                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 5 - ALIEN OWNERSHIP OF LAND

-HEAD-
    Secs. 79 to 82. Omitted

-COD-
                               CODIFICATION                           
      Sections 79 to 82 related to alien ownership of real estate in
    the District of Columbia. Sections 79 to 81 were from act Mar. 3,
    1887, ch. 340, Secs. 1, 2, 4, respectively, 24 Stat. 476, 477, as
    specifically excepted from amendment by act Mar. 2, 1897, ch. 363,
    29 Stat. 618 (for said act Mar. 3, 1887, as amended by the 1897
    act, see sections 1501 to 1507 of Title 48, Territories and Insular
    Possessions); and section 82 was from act Mar. 9, 1888, ch. 30, 25
    Stat. 45.

-End-

-CITE-
    8 USC Secs. 83 to 86                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 5 - ALIEN OWNERSHIP OF LAND

-HEAD-
    Secs. 83 to 86. Transferred

-COD-
                               CODIFICATION                           
      Sections 83 to 86 transferred to sections 1509 to 1512,
    respectively, of Title 48, Territories and Insular Possessions.

-End-

-CITE-
    8 USC CHAPTER 6 - IMMIGRATION                               01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION

-HEAD-
                          CHAPTER 6 - IMMIGRATION                      

-End-

-CITE-
    8 USC SUBCHAPTER I - IMMIGRATION AND NATURALIZATION
           AGENCIES, OFFICERS, AND STATIONS                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
     SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                               AND STATIONS

-End-

-CITE-
    8 USC Secs. 100, 101                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 100, 101. Transferred

-COD-
                               CODIFICATION                           
      Section 100 transferred to section 1551 of this title.
      Section 101 transferred to section 1552 of this title.

-End-

-CITE-
    8 USC Sec. 102                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 102. Repealed.

-MISC1-
    Sec. 102. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952.
      Section, acts Feb. 5, 1917, ch. 29, Sec. 23, 39 Stat. 892; May
    14, 1937, ch. 181, 50 Stat. 164; Oct. 29, 1945, ch. 438, 59 Stat.
    551; Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880, related to
    administration of immigration laws. See sections 1103, 1223(a), and
    1260 of this title.

-End-

-CITE-
    8 USC Secs. 103, 103a                                       01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 103, 103a. Omitted

-COD-
                               CODIFICATION                           
      Section 103, acts Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780;
    Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166,
    Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940,
    5 F.R. 2423, 54 Stat. 1238, which related to administration of
    alien contract laws, was transferred to section 342h of former
    Title 5, Executive Departments and Government Officers and
    Employees, and subsequently eliminated from the Code on enactment
    of Title 5, Government Organization and Employees, by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378. See section 1103 of this title.
      Section 103a, act July 9, 1947, ch. 211, title II, 61 Stat. 292,
    which related to reimbursement by Attorney General of certain
    expenses incurred by other agencies in connection with
    administration and enforcement of laws relating to immigration,
    etc., was from the Department of Justice Appropriation Act, 1948,
    and was not repeated in the Department of Justice Appropriation
    Act, 1949, act June 3, 1948, ch. 400, title II, 62 Stat. 316.
    Similar provisions were contained in the following prior
    appropriation acts:
      July 5, 1946, ch. 541, title II, 60 Stat. 462.
      May 21, 1945, ch. 129, title II, 59 Stat. 185.
      June 28, 1944, ch. 294, title II, 58 Stat. 412.
      July 1, 1943, ch. 182, title II, 57 Stat. 288.
      July 2, 1942, ch. 472, title II, 56 Stat. 483.
      June 28, 1941, ch. 258, title III, 55 Stat. 292.

-End-

-CITE-
    8 USC Sec. 104                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 104. Repealed.

-MISC1-
    Sec. 104. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600.
      Section, acts June 6, 1900, ch. 791, Sec. 1, 31 Stat. 611; Mar.
    4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166, Sec. 14,
    June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R.
    2423, 54 Stat. 1238, provided that Commissioner of Immigration and
    Naturalization should have charge, under supervision of Attorney
    General, of administration of Chinese exclusion laws.

-End-

-CITE-
    8 USC Sec. 105                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 105. Repealed.

-MISC1-
    Sec. 105. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952.
      Section, act Feb. 5, 1917, ch. 29, Sec. 30, 39 Stat. 895, related
    to division of information.

-End-

-CITE-
    8 USC Secs. 106 to 106c                                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 106 to 106c. Repealed.

-MISC1-
    Secs. 106 to 106c. Repealed. Oct. 14, 1940, ch. 876, title I,
      subch. V, Sec. 504, 54 Stat. 1172.
      Sections, acts June 29, 1906, ch. 3592, Sec. 1, 34 Stat. 596;
    Mar. 2, 1929, ch. 536, Secs. 1 to 3, 45 Stat. 1512, 1513; Apr. 19,
    1934, ch. 154, Sec. 6, 48 Stat. 598; June 8, 1934, ch. 429, 48
    Stat. 926; Aug. 7, 1939, ch. 517, 53 Stat. 1243, related to
    registry of aliens. Similar provisions were contained in former
    sections 728, 729, 742(b), and 746(l) of this title. See sections
    1230 and 1259 of this title.

-End-

-CITE-
    8 USC Sec. 107                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 107. Repealed.

-MISC1-
    Sec. 107. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
      Stat. 637, 642.
      Section, acts Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat 391; Aug.
    1, 1914, ch. 223, Sec. 1, 38 Stat. 666; June 5, 1920, ch. 235, Sec.
    1, 41 Stat. 936, provided for appointment of commissioners of
    immigration at the several ports.

-End-

-CITE-
    8 USC Secs. 108, 109                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 108, 109. Repealed.

-MISC1-
    Secs. 108, 109. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952.
      Section 108, act Feb. 5, 1917, ch. 29, Sec. 23, 39 Stat. 892,
    related to duties of immigration officers. See section 1103(a) of
    this title.
      Section 109, acts Feb. 5, 1917, ch. 29, Sec. 24, 39 Stat. 893;
    June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24; May 29, 1928, ch.
    864, 45 Stat. 954; Feb. 21, 1931, ch. 270, 46 Stat. 1205; May 2,
    1932, ch. 156, 47 Stat. 145; June 20, 1942, ch. 426, 56 Stat. 373,
    related to officers and employees. See sections 1103(a) and 1353 of
    this title.

-End-

-CITE-
    8 USC Secs. 109a to 109d                                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 109a to 109d. Transferred

-COD-
                               CODIFICATION                           
      Sections 109a to 109c transferred to sections 1353a, 1353b, and
    1353d, respectively, of this title.
      Section 109d, acts July 1, 1943, ch. 182, title II, 57 Stat. 288;
    June 28, 1944, ch. 294, title II, 58 Stat. 413; May 21, 1945, ch.
    129, title II, 59 Stat. 186; July 5, 1946, ch. 541, title II, 60
    Stat. 463; July 9, 1947, ch. 211, title II, 61 Stat. 292; June 3,
    1948, ch. 400, title II, 62 Stat. 316; July 20, 1949, ch. 354,
    title II, 63 Stat. 460; Sept. 6, 1950, ch. 896, ch. III, title II,
    64 Stat. 618, which related to employment of interpreters in the
    Immigration and Naturalization Service, was transferred to section
    342f of former Title 5, Executive Departments and Government
    Officers and Employees, and subsequently repealed by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378, 632, which enacted Title 5,
    Government Organization and Employees. See section 1555 of this
    title.

-End-

-CITE-
    8 USC Sec. 110                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 110. Repealed.

-MISC1-
    Sec. 110. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(25), 66 Stat. 279, eff. Dec. 24, 1952.
      Section, acts Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049;
    Aug. 7, 1946, ch. 768, 60 Stat. 865; Mar. 20, 1952, ch. 108, Sec.
    2, 66 Stat. 26, related to arrest of aliens without warrant. See
    section 1357 of this title.

-End-

-CITE-
    8 USC Sec. 111                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 111. Transferred

-COD-
                               CODIFICATION                           
      Section 111 transferred to section 1554 of this title.

-End-

-CITE-
    8 USC Sec. 112                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 112. Omitted

-COD-
                               CODIFICATION                           
      Section, act Mar. 4, 1915, ch. 147, Sec. 1, 38 Stat. 1151; 1940
    Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238,
    which related to employment of officers and clerks enforcing alien
    contract labor laws, was transferred to section 342i of former
    Title 5, Executive Departments and Government Officers and
    Employees, and subsequently eliminated from the Code on enactment
    of Title 5, Government Organization and Employees, by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378. See section 1103 of this title.

-End-

-CITE-
    8 USC Sec. 113                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 113. Repealed.

-MISC1-
    Sec. 113. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952.
      Section, act Feb. 5, 1917, ch. 29, Sec. 11a, 39 Stat. 882,
    related to detail of inspectors on vessels.

-End-

-CITE-
    8 USC Sec. 114                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Sec. 114. Omitted

-COD-
                               CODIFICATION                           
      Section, act Aug. 15, 1919, ch. 50, 41 Stat. 280; 1940 Reorg.
    Plan No. V, eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238,
    authorized lease for other than governmental purposes of Charleston
    immigration station and dock connected therewith.
      Section was also classified to section 342k of former Title 5,
    Executive Departments and Government Officers and Employees, and
    subsequently eliminated from the Code on enactment of Title 5,
    Government Organization and Employees, by Pub. L. 89-554, Sept. 6,
    1966, 80 Stat. 378.

-End-

-CITE-
    8 USC Secs. 115, 116                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 115, 116. Repealed.

-MISC1-
    Secs. 115, 116. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(13), 66 Stat. 279, eff. Dec. 24, 1952.
      Section 115, act Feb. 5, 1917, ch. 29, Sec. 26, 39 Stat. 894,
    related to disposal of privileges at immigrant stations. See
    section 1355(a) of this title.
      Section 116, act Feb. 5, 1917, ch. 29, Sec. 27, 39 Stat. 894,
    related to local jurisdiction over immigrant stations. See section
    1358 of this title.

-End-

-CITE-
    8 USC Secs. 117, 118                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER I - IMMIGRATION AND NATURALIZATION AGENCIES, OFFICERS,
                    AND STATIONS                

-HEAD-
    Secs. 117, 118. Omitted

-MISC1-
      Section 117, acts July 12, 1943, ch. 221, title II, 57 Stat. 507;
    June 28, 1944, ch. 302, title II, 58 Stat. 558, related to use of
    the hospital at Ellis Island Immigration Station for the care of
    Public Health Service patients. See section 1356(a) of this title
    and section 220 of Title 42, The Public Health and Welfare. Similar
    provisions were contained in the following prior appropriation
    acts, which were repealed by section 1313, formerly section 611, of
    act July 1, 1944, ch. 373, 58 Stat. 714, 718.
      July 2, 1942, ch. 475, title II, 56 Stat. 581.
      July 1, 1941, ch. 269, title II, 55 Stat. 481.
      June 26, 1940, ch. 428, title II, 54 Stat. 585.
      May 6, 1939, ch. 115, title I, 53 Stat. 668.
      Mar. 28, 1938, ch. 55, 52 Stat. 133.
      May 14, 1937, ch. 180, title I, 50 Stat. 149.
      June 23, 1936, ch. 725, 49 Stat. 1839.
      May 14, 1935, ch. 110, 49 Stat. 229.
      Mar. 15, 1934, ch. 70, title I, 48 Stat. 435.
      Mar. 3, 1933, ch. 212, title I, 47 Stat. 1500.
      July 5, 1932, ch. 430, title I, 47 Stat. 591.
      Feb. 23, 1931, ch. 277, title I, 46 Stat. 1228.
      May 15, 1930, ch. 289, title I, 46 Stat. 347.
      Dec. 20, 1928, ch. 39, title I, 45 Stat. 1039.
      Mar. 5, 1928, ch. 126, title I, 45 Stat. 174.
      Jan. 26, 1927, ch. 58, 44 Stat. 1038.
      Mar. 2, 1926, ch. 43, 44 Stat. 147.
      Jan. 22, 1925, ch. 87, title I, 43 Stat. 775.
      Apr. 4, 1924, ch. 84, title I, 43 Stat. 75.
      Jan. 3, 1923, ch. 22, 42 Stat. 1101.

                       RENUMBERING OF REPEALING ACT                   
      Section 611 of act July 1, 1944, which repealed this section, was
    renumbered 711 by act Aug. 13, 1946, ch. 958, Sec. 5, 60 Stat.
    1049, 713 by act Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47, 813
    by act July 30, 1956, ch. 779, Sec. 3(b), 70 Stat. 720, 913 by Pub.
    L. 88-581, Sec. 4(b), Sept. 4, 1964, 78 Stat. 919, 1013 by Pub. L.
    89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931, 1113 by Pub. L. 91-
    572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506, 1213 by Pub. L. 92-
    294, Sec. 3(b) May 16, 1972, 86 Stat. 137, 1313 by Pub. L. 93-154,
    Sec. 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub.
    L. 93-222, Sec. 7(b), Dec. 29, 1973, 87 Stat. 936.
      Section 118, act Apr. 18, 1930, ch. 184, title IV, 46 Stat. 216,
    which related to motor vehicles and horses for enforcement of
    immigration and Chinese exclusion laws, expired with the
    appropriation act of which it was a part. Similar provisions were
    contained in the following prior appropriation acts:
      Jan. 25, 1929, ch. 102, title IV, 45 Stat. 1137.
      Feb. 15, 1928, ch. 57, title IV, 45 Stat. 107.
      Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1223.
      Apr. 29, 1926, ch. 195, title IV, 44 Stat. 371.
      Feb. 27, 1925, ch. 364, title IV, 43 Stat. 1049.
      May 28, 1924, ch. 204, title IV, 43 Stat. 240.
      Jan. 5, 1923, ch. 24, title II, 42 Stat. 1127.
      Mar. 28, 1922, ch. 117, title II, 42 Stat. 487.
      June 12, 1917, ch. 27, Sec. 1, 40 Stat. 170.

-End-

-CITE-
    8 USC SUBCHAPTER II - REGULATION AND RESTRICTION OF
           IMMIGRATION IN GENERAL                          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
       SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN
                                  GENERAL

-End-

-CITE-
    8 USC Sec. 131                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Sec. 131. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar.
    4, 1913, ch. 141, Sec. 3, 37 Stat. 737; 1940 Reorg. Plan No. V,
    eff. June 14, 1940, 5 F.R. 2423, 54 Stat. 1238, which related to
    control of immigration, was transferred to section 342a of former
    Title 5, Executive Departments and Government Officers and
    Employees, and subsequently eliminated from the Code on enactment
    of Title 5, Government Organization and Employees, by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378.

-End-

-CITE-
    8 USC Secs. 132 to 137-10                                   01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Secs. 132 to 137-10. Repealed.

-MISC1-
    Secs. 132 to 137-10. Repealed. June 27, 1952, ch. 477, title IV,
      Sec. 403(a)(1), (8), (11), (13), (16), (48), 66 Stat. 279, 280,
      eff. Dec. 24, 1952.
      Section 132, act Feb. 5, 1917, ch. 29, Sec. 2, 39 Stat. 875,
    related to head tax. See section 1351 of this title.
      Section 133, act Mar. 4, 1909, ch. 299, Sec. 1, 35 Stat. 982,
    related to covering of moneys into Treasury. See section 1356(b) of
    this title.
      Section 134, act Feb. 3, 1905, ch. 297, Sec. 1, 33 Stat. 684,
    authorized refunds of head taxes erroneously collected under act
    Mar. 3, 1903, ch. 1012, Sec. 1, 32 Stat. 1213. Said act Mar. 3,
    1903 was repealed by acts Feb. 20, 1907, ch. 1134, Sec. 43, 34
    Stat. 911; Feb. 5, 1917, ch. 29, Sec. 38, 39 Stat. 897.
      Section 135, R.S. Sec. 2164, related to State tax or charge on
    immigrants.
      Section 136, acts Feb. 5, 1917, ch. 29, Sec. 3, 39 Stat. 875;
    June 5, 1920, ch. 243, 41 Stat. 981; Mar. 4, 1929, ch. 690, Sec.
    1(d), 45 Stat. 1551; Sept. 27, 1944, ch. 418, Sec. 2, 58 Stat. 746,
    related to exclusion of aliens. See sections 1102, 1154, and 1182
    of this title.
      Section 137, acts Oct. 16, 1918, ch. 186, Sec. 1, 40 Stat. 1012;
    June 5, 1920, ch. 251, 41 Stat. 1008; June 28, 1940, ch. 439, title
    II, Sec. 23(a), 54 Stat. 673; May 25, 1948, ch. 338, 62 Stat. 268;
    Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related
    to exclusion of subversive aliens. See sections 1101 and 1182 of
    this title.
      Section 137-1, acts Oct. 16, 1918, ch. 186, Sec. 2, 40 Stat.
    1012; June 28, 1940, ch. 439, title II, Sec. 23(b), 54 Stat. 673;
    Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related
    to exceptions as to certain aliens seeking temporary entrance. See
    section 1182(d)(2) of this title.
      Section 137-2, acts Oct. 16, 1918, ch. 186, Sec. 3, 40 Stat.
    1012; Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006,
    related to prohibition against issuance of visas to subversive
    aliens.
      Section 137-3, act Oct. 16, 1918, ch. 186, Sec. 4, as added Sept.
    23, 1950, ch. 1024, title I, Sec. 22, 64 Stat. 1006, related to
    deportation of subversive aliens.
      Sections 137-4 to 137-8, act Oct. 16, 1918, ch. 186, Secs. 5-9,
    as added Sept. 23, 1950, ch. 1024, title I, Sec. 22, 64 Stat.,
    1006, related to temporary exclusion of suspects, subversive aliens
    and penalties. See sections 1102, 1182, 1225, 1253, 1326 and 1327
    of this title.
      Section 137-9, act Mar. 28, 1951, ch. 23, Sec. 1, 65 Stat. 28,
    related to clarification of immigration status of certain aliens.
      Section 137-10, act Mar. 28, 1951, ch. 23, Sec. 2, 65 Stat. 28,
    related to recordation of entry for permanent residence.

-End-

-CITE-
    8 USC Sec. 137a                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Sec. 137a. Repealed.

-MISC1-
    Sec. 137a. Repealed. May 24, 1934, ch. 344, Sec. 5, 48 Stat. 798.
      Section, act Sept. 22, 1922, ch. 411, Sec. 8, as added July 3,
    1930, ch. 826, 46 Stat. 849, provided as follows:
      "Sec. 137a. Married woman whose husband is native-born citizen
    and veteran of World War. Any woman eligible by race to citizenship
    who has married a citizen of the United States before July 3, 1930,
    whose husband shall have been a native-born citizen and a member of
    the military or naval forces of the United States during the World
    War, and separated therefrom under honorable conditions; if
    otherwise admissible, shall not be excluded from admission into the
    United States under section 136 of this title, unless she be
    excluded under the provisions of that section relating to - 
      "(a) Persons afflicted with a loathsome or dangerous contagious
    disease, except tuberculosis in any form;
      "(b) Polygamy;
      "(c) Prostitutes, procurers, or other like immoral persons;
      "(d) Persons convicted of crime: Provided, That no such wife
    shall be excluded because of offenses committed during legal
    infancy, while a minor under the age of twenty-one years, and for
    which the sentences imposed were less than three months, and which
    were committed more than five years previous to July 3, 1930;
      "(e) Persons previously deported;
      "(f) Contract laborers.
      "After admission to the United States she shall be subject to all
    other provisions of [former] sections 9 and 10 and 367-370 of this
    title."

                              SAVINGS CLAUSE                          
      Section 5 of act May 24, 1934, provided that the repeal of this
    section should not affect any right or privilege or terminate any
    citizenship acquired under the section before such repeal.

-End-

-CITE-
    8 USC Secs. 137b to 173                                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Secs. 137b to 173. Repealed.

-MISC1-
    Secs. 137b to 173. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(2), (3), (5), (13), (18), (19), (23), (31), (32), (47), 66
      Stat. 279, 280, eff. Dec. 24, 1952.
      Sections 137b to 137d, act Mar. 17, 1932, ch. 85, Secs. 1-3, 47
    Stat. 67, related to alien musicians. See section 1182(a) of this
    title.
      Section 138, act Feb. 5, 1917, ch. 29, Sec. 4, 39 Stat. 878,
    related to importation of aliens for immoral purposes. See sections
    1326, 1328 and 1329 of this title.
      Section 139, act Feb. 5, 1917, ch. 29, Sec. 5, 39 Stat. 879,
    related to contract laborers. See section 1330 of this title.
      Section 140, acts Oct. 19, 1888, ch. 1210, Sec. 1, 25 Stat. 566;
    Apr. 28, 1904, Pub. R. 33, 33 Stat. 591; Mar. 4, 1913, ch. 141,
    Sec. 3, 37 Stat. 737, related to rewards to informer.
      Section 141, act Feb. 26, 1885, ch. 164, Sec. 2, 23 Stat. 332,
    related to validity of contracts for labor of aliens made before
    importation.
      Section 142, act Feb. 5, 1917, ch. 29, Sec. 6, 39 Stat. 879,
    related to advertisement of employment. See section 1330 of this
    title.
      Section 143, act Feb. 5, 1917, ch. 29, Sec. 7, 39 Stat. 879,
    related to solicitation of immigration by transportation companies.
    See section 1330 of this title.
      Section 144, acts Feb. 5, 1917, ch. 29, Sec. 8, 39 Stat. 880;
    Mar. 20, 1952, ch. 108, Sec. 1, 66 Stat. 26, related to bringing in
    or harboring certain aliens. See section 1324(a) of this title.
      Section 145, acts Feb. 5, 1917, ch. 29, Sec. 9, 39 Stat. 880; May
    26, 1924, ch. 190, Sec. 26, 43 Stat. 166, related to bringing in
    aliens subject to disability or afflicted with disease. See section
    1322 of this title.
      Section 146, acts Feb. 5, 1917, ch. 29, Sec. 10, 39 Stat. 881;
    May 26, 1924, ch. 190, Sec. 27, 43 Stat. 167, related to prevention
    of unauthorized landing of aliens. See section 1321 of this title.
      Section 147, act Feb. 5, 1917, ch. 27, Sec. 11, 39 Stat. 881,
    related to detention of aliens for observation and examination. See
    section 1222 of this title.
      Section 148, acts Feb. 5, 1917, ch. 29, Sec. 12, 39 Stat. 882;
    May 17, 1932, ch. 190, 47 Stat. 158; July 30, 1947, ch. 384, 61
    Stat. 630, related to lists of passengers arriving or departing.
      Section 149, act Feb. 5, 1917, ch. 29, Sec. 13, 39 Stat. 884,
    related to grouping of alien passengers in lists.
      Section 150, act Feb. 5, 1917, ch. 29, Sec. 14, 39 Stat. 884,
    related to refusal or failure to furnish alien passenger list.
      Section 151, acts Feb. 5, 1917, ch. 29, Sec. 15, 39 Stat. 885;
    Dec. 19, 1944, ch. 608, Sec. 1, 58 Stat. 816, related to inspection
    of alien passengers on arrival. See section 1223(a), (b) of this
    title.
      Section 152, acts Feb. 5, 1917, ch. 29, Sec. 16, 39 Stat. 885;
    July 1, 1944, ch. 373, title VII, Sec. 713, formerly title VI, Sec.
    611, 58 Stat. 714, 716, renumbered title VII, Sec. 711, Aug. 13,
    1946, ch. 958, Sec. 5, 60 Stat. 1049, renumbered title VII, Sec.
    713, Feb. 28, 1948, ch. 83, Sec. 9(b), 62 Stat. 47, related to
    physical and mental examination of alien passengers. See sections
    1222 and 1362 of this title.
      Section 153, act Feb. 5, 1917, ch. 29, Sec. 17, 39 Stat. 887,
    related to boards of special inquiry.
      Section 154, acts Feb. 5, 1917, ch. 29, Sec. 18, 39 Stat. 887;
    Mar. 4, 1929, ch. 690, Sec. 1(e), 45 Stat. 1551; Dec. 19, 1944, ch.
    608, Sec. 2, 58 Stat. 816, related to immediate deportation of
    aliens brought in in violation of law.
      Section 155, acts Feb. 5, 1917, ch. 29, Sec. 19, 39 Stat. 889;
    June 28, 1940, ch. 439, title II, Sec. 20, 54 Stat. 671; Dec. 8,
    1942, ch. 697, 56 Stat. 1044; July 1, 1948, ch. 783, 62 Stat. 1206,
    related to deportation of undesirable aliens generally; see
    sections 1227 and 1351 of this title. Section 22 of act June 28,
    1940 provided that no alien should be deportable by reason of
    amendments to former section 155 of this title by said act, on
    account of any act committed prior to the date of enactment of that
    act [June 28, 1940].
      Section 155a, act Sept. 27, 1950, ch. 1052, ch. III, 64 Stat.
    1048, related to deportation or exclusion proceedings unaffected by
    the Administrative Procedure Act.
      Section 156, acts Feb. 5, 1917, ch. 29, Sec. 20, 39 Stat. 890;
    July 13, 1943, ch. 230, 57 Stat. 553; Sept. 23, 1950, ch. 1024,
    title I, Sec. 23, 64 Stat. 1010; June 18, 1952, ch. 442, 66 Stat.
    138, related to control over, and facilitation of deportation. See
    section 1227 of this title.
      Section 156a, acts Feb. 18, 1931, ch. 224, 46 Stat. 1171; June
    28, 1940, ch. 439, title II, Sec. 21, 54 Stat. 673, related to
    deportation of aliens engaged in narcotic traffic. Section 22 of
    act June 28, 1940, provided that no alien should be deportable by
    reason of amendments to former section 156a of this title by said
    act, on account of any act committed prior to the date of enactment
    of that act [June 28, 1940].
      Section 157, act May 10, 1920, ch. 174, Secs. 1-3, 41 Stat. 593,
    594, related to deportation of aliens convicted of war-time
    offenses.
      Sections 158 to 163, act Feb. 5, 1917, ch. 29, Secs. 21-23, 28,
    39 Stat. 891-894, related to admission of aliens, detention, etc.
    See sections 1103(a), 1183, and 1327 of this title.
      Section 164, act Feb. 5, 1917, ch. 29, Sec. 25, 39 Stat. 893,
    related to jurisdiction of district courts. See section 1329 of
    this title.
      Section 165, act Feb. 5, 1917, ch. 29, Sec. 31, 39 Stat. 895,
    related to signing alien on ship's articles with intent to permit
    landing in violation of law. See section 1287 of this title.
      Section 166, acts Feb. 5, 1917, ch. 29, Sec. 34, 39 Stat. 896;
    May 26, 1924, ch. 190, Sec. 19, 43 Stat. 164, related to landing of
    excluded seamen. See sections 1282(b) and 1287 of this title.
      Section 167, acts May 26, 1924, ch. 190, Sec. 20(a)-(c), 43 Stat.
    164; Dec. 19, 1944, ch. 608, Sec. 4, 58 Stat. 817, related to
    control of alien seamen. See section 1284 of this title.
      Section 168, act Feb. 5, 1917, ch. 29, Sec. 33, 39 Stat. 896,
    related to paying off or discharging alien seamen. See sections
    1282(a) and 1286 of this title.
      Section 169, act Feb. 5, 1917, ch. 29, Sec. 35, 39 Stat. 896,
    related to employment on passenger vessels of aliens suffering with
    mental disabilities. See section 1285 of this title.
      Section 170, act Dec. 26, 1920, ch. 4, 41 Stat. 1082, related to
    treatment in hospitals of alien seamen. See section 1283 of this
    title.
      Section 171, act Feb. 5, 1917, ch. 29, Sec. 36, 39 Stat. 896,
    related to lists of aliens employed on vessels arriving from
    foreign ports. See section 1281 of this title.
      Section 172, acts Mar. 3, 1893, ch. 206, Sec. 8, 27 Stat. 570;
    Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 328; Mar. 4, 1913, ch.
    141, Sec. 3, 37 Stat. 737, related to posting of laws by agents of
    steamship companies.
      Section 173, acts Feb. 5, 1917, ch. 29, Secs. 1, 37, 39 Stat.
    874, 897; June 2, 1924, ch. 233, 43 Stat. 253, related to
    definitions of aliens, seamen, etc. See section 1101(a)(3), (10),
    (38), (b)(3), (d)(7) of this title.

-End-

-CITE-
    8 USC Sec. 174                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Sec. 174. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Aug. 18, 1894, ch. 301, Sec. 1, 28 Stat. 390; Feb.
    14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar. 4, 1913, ch. 141,
    Sec. 3, 37 Stat. 737; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5
    F.R. 2423, 54 Stat. 1238, which related to finality of decisions of
    immigration officers, was transferred to section 342j of former
    Title 5, Executive Departments and Government Officers and
    Employees, and subsequently eliminated from the Code on enactment
    of Title 5, Government Organization and Employees, by Pub. L. 89-
    554, Sept. 6, 1966, 80 Stat. 378.

-End-

-CITE-
    8 USC Secs. 175 to 181                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER II - REGULATION AND RESTRICTION OF IMMIGRATION IN GENERAL

-HEAD-
    Secs. 175 to 181. Repealed.

-MISC1-
    Secs. 175 to 181. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(12), (13), (23), (30), (33), 66 Stat. 279, eff. Dec. 24,
      1952.
      Section 175, act Feb. 5, 1917, ch. 29, Sec. 1, 39 Stat. 874,
    related to application of laws to Philippine Islands.
      Section 176, act Mar. 15, 1934, ch. 70, Sec. 1, 48 Stat. 435,
    related to disposition of moneys received or paid for detention of
    aliens. See section 1356(a) of this title.
      Section 177, act Feb. 5, 1917, ch. 29, Sec. 29, 39 Stat. 894,
    related to international conference for regulation of immigration
    of aliens.
      Section 178, act Feb. 5, 1917, ch. 29, Sec. 38, 39 Stat. 897,
    provided for the effective date of the act of Feb. 5, 1917,
    repealed specified provisions, and set forth laws unaffected by the
    enactment of this act.
      Section 179, act May 26, 1924, ch. 190, Sec. 21(b), 43 Stat. 165,
    related to blank forms of manifest and crew lists. See section
    1352(b) of this title.
      Section 180, acts Mar. 4, 1929, ch. 690, Sec. 1(a)-(c), 45 Stat.
    1551; June 24, 1929, ch. 40, 46 Stat. 41, related to reentry or
    attempted reentry of deported aliens. See sections 1101(g) and 1326
    of this title.
      Sections 180a to 180d, act Mar. 4, 1929, ch. 690, Secs. 2-5, 45
    Stat. 1551, 1552, related to reentry or attempted reentry of
    deported aliens. See sections 1101, 1182, 1203, and 1325 of this
    title.
      Section 181, act May 25, 1932, ch. 203, Sec. 7, 47 Stat. 166,
    related to reentry of deported aliens. See section 1326 of this
    title.

-End-

-CITE-
    8 USC SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
              SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS          

-End-

-CITE-
    8 USC Secs. 201 to 204                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 201 to 204. Repealed.

-MISC1-
    Secs. 201 to 204. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(23), (24), 66 Stat. 279, eff. Dec. 24, 1952.
      Section 201, act May 26, 1924, ch. 190, Sec. 1, 43 Stat. 153,
    related to short title.
      Section 202, acts May 26, 1924, ch. 190, Sec. 2, 43 Stat. 153;
    Feb. 25, 1925, ch. 316, 43 Stat. 976, related to immigration visas.
    See sections 1201 and 1351 of this title.
      Section 203, acts May 26, 1924, ch. 190, Sec. 3, 43 Stat. 154;
    July 6, 1932, ch. 434, 47 Stat. 607; July 1, 1940, ch. 502, Sec. 1,
    54 Stat. 711; Dec. 29, 1945, ch. 652, title I, Sec. 7(c), 59 Stat.
    672, defined immigrant. See section 1101 of this title.
      Section 204, acts May 26, 1924, ch. 190, Sec. 4, 43 Stat. 155;
    July 3, 1926, ch. 738, Sec. 1, 44 Stat. 812; May 29, 1928, ch. 914,
    Secs. 1, 2, 45 Stat. 1009; July 3, 1930, ch. 835, Sec. 3, 46 Stat.
    854; July 11, 1932, ch. 471, Sec. 1, 47 Stat. 656; May 19, 1948,
    ch. 311, Sec. 1, 62 Stat. 241, defined nonquota immigrant. See
    section 1101 of this title.

-End-

-CITE-
    8 USC Secs. 204a, 204b                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 204a, 204b. Omitted

-COD-
                               CODIFICATION                           
      Sections related to natives of Virgin Islands residing in foreign
    countries on June 22, 1932, and were based on act June 28, 1932,
    ch. 283, Secs. 1, 2, 47 Stat. 336. Former section 204b of this
    title provided that section 204a should not apply after June 28,
    1934.

-End-

-CITE-
    8 USC Secs. 204c to 219                                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 204c to 219. Repealed.

-MISC1-
    Secs. 204c to 219. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(23), (36), (44), (45), 66 Stat. 279, 280, eff. Dec. 24,
      1952.
      Section 204c, act June 28, 1932, ch. 283, Sec. 3, 47 Stat. 336,
    related to deportation as public charge.
      Section 204d, act June 28, 1932, ch. 283, Sec. 4, 47 Stat. 336,
    related to definitions.
      Section 205, act May 26, 1924, ch. 190, Sec. 5, 43 Stat. 155,
    defined quota immigrant.
      Section 206, acts May 26, 1924, ch. 190, Sec. 6, 43 Stat. 155;
    May 29, 1928, ch. 914, Sec. 3, 45 Stat. 1009; July 11, 1932, ch.
    471, Sec. 2, 47 Stat. 656; May 19, 1948, ch. 311, Sec. 2, 62 Stat.
    241, related to enumeration of preferences within quotas.
      Section 207, act May 26, 1924, ch. 190, Sec. 7, 43 Stat. 156,
    related to application for visas.
      Section 208, act May 26, 1924, ch. 190, Sec. 8, 43 Stat. 156,
    related to nonquota immigration visas.
      Section 209, acts May 26, 1924, ch. 190, Sec. 9, 43 Stat. 157;
    May 14, 1937, ch. 182, Sec. 1, 50 Stat. 164, related to visas of
    nonquota and preferred immigrants.
      Section 210, acts May 26, 1924, ch. 190, Sec. 10, 43 Stat. 158;
    June 3, 1948, ch. 403, 62 Stat. 335, related to reentry permits.
      Section 211, acts May 26, 1924, ch. 190, Sec. 11, 43 Stat. 159;
    Mar. 4, 1927, ch. 514, 44 Stat. 1455; Mar. 31, 1928, ch. 306, 45
    Stat. 400, related to immigration quotas as determined by national
    origin.
      Section 212, act May 26, 1924, ch. 190, Sec. 12, 43 Stat. 160,
    related to determination of nationality. See section 1152 of this
    title.
      Section 212a, acts Dec. 17, 1943, ch. 344, Sec. 2, 57 Stat. 601;
    Aug. 9, 1946, ch. 945, Sec. 2, 60 Stat. 975, related to reentry
    permits for Chinese persons.
      Section 212b, act July 2, 1946, ch. 534, Sec. 4, 60 Stat. 417,
    related to reentry permits for Indians and races indigenous to
    India.
      Section 212c, act July 2, 1946, ch. 534, Sec. 5, 60 Stat. 417,
    related to definitions and allocations of quota.
      Section 213, acts May 26, 1924, ch. 190, Sec. 13, 43 Stat. 161;
    June 13, 1930, ch. 476, 46 Stat. 581; May 14, 1937, ch. 182, Sec.
    2, 50 Stat. 165; Aug. 9, 1946, ch. 945, Sec. 1, 60 Stat. 975,
    related to compliance with immigration requirements.
      Section 213a, act May 14, 1937, ch. 182, Sec. 3, 50 Stat. 165,
    related to deportation of alien securing visa through fraudulent
    marriage.
      Section 214, act May 26, 1924, ch. 190, Sec. 14, 43 Stat. 162,
    related to deportation and procedure thereunder.
      Section 215, acts May 26, 1924, ch. 190, Sec. 15, 43 Stat. 162;
    July 1, 1932, ch. 363, 47 Stat. 524; July 1, 1940, ch. 502, Sec. 2,
    54 Stat. 711; Dec. 29, 1945, ch. 652, title I, Sec. 7(d), 59 Stat.
    672, related to admission of persons excepted from definition of
    immigrant and nonquota immigrants.
      Section 216, acts May 26, 1924, ch. 190, Sec. 16, 43 Stat. 163;
    Dec. 19, 1944, ch. 608, Sec. 3, 58 Stat. 817, related to unlawful
    bringing of aliens into United States by water.
      Section 217, act May 26, 1924, ch. 190, Sec. 17, 43 Stat. 163,
    related to contracts with transportation lines.
      Section 218, act May 26, 1924, ch. 190, Sec. 18, 43 Stat. 164,
    related to unused immigration visas.
      Section 219, act May 26, 1924, ch. 190, Sec. 21(a), 43 Stat. 165,
    related to reentry permits.

-End-

-CITE-
    8 USC Sec. 220                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Sec. 220. Repealed.

-MISC1-
    Sec. 220. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,
      eff. Sept. 1, 1948.
      Section, act May 26, 1924, ch. 190, Sec. 22, 43 Stat. 165,
    related to forging, counterfeiting, etc., of reentry permits. See
    section 1546 of Title 18, Crimes and Criminal Procedure.

-End-

-CITE-
    8 USC Secs. 221 to 227                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 221 to 227. Repealed.

-MISC1-
    Secs. 221 to 227. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(20), (22), (23), (29), 66 Stat. 279, eff. Dec. 24, 1952.
      Section 221, act May 26, 1924, ch. 190, Sec. 23, 43 Stat. 165,
    related to burden of proof upon entry of alien or in deportation
    proceedings.
      Section 222, act May 26, 1924, ch. 190, Sec. 24, 43 Stat. 166,
    related to rules and regulations.
      Section 223, act May 26, 1924, ch. 190, Sec. 25, 43 Stat. 166,
    related to quota law as additional to other immigration laws.
      Section 224, acts May 26, 1924, ch. 190, Sec. 28(a)-(e), (g)-(n),
    43 Stat. 168; June 2, 1924, ch. 233, 43 Stat. 253; Oct. 29, 1945,
    ch. 437, 59 Stat. 551, related to definitions.
      Section 225, act May 26, 1924, ch. 190, Sec. 29, 43 Stat. 169,
    related to appropriations.
      Section 226, act May 26, 1924, ch. 190, Sec. 32, 43 Stat. 169,
    related to partial invalidity.
      Section 226a, act Apr. 2, 1928, ch. 308, 45 Stat. 401, related to
    American Indians born in Canada.
      Section 227, act Dec. 27, 1922, ch. 15, 42 Stat. 1065, related to
    admission of certain aliens in excess of quotas.

-End-

-CITE-
    8 USC Sec. 228                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Sec. 228. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 7, 1924, ch. 379, 43 Stat. 669, related to
    aliens who entered prior to July 1, 1924 under quota of 1921, and
    was omitted as executed.

-End-

-CITE-
    8 USC Secs. 229 to 231                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 229 to 231. Repealed.

-MISC1-
    Secs. 229 to 231. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(17), (23), (27), 66 Stat. 279, eff. Dec. 24, 1952.
      Section 229, acts May 19, 1921, ch. 8, 42 Stat. 5; May 26, 1924,
    ch. 190, Sec. 30, 43 Stat. 169, related to imposition and
    enforcement of penalties under act May 19, 1921.
      Section 230, Joint Res. Oct. 16, 1918, ch. 190, 40 Stat. 1014,
    related to alien residents conscripted or volunteering for service
    during World War I.
      Section 231, act May 26, 1926, ch. 400, 44 Stat. 657, related to
    admission into Puerto Rico of certain resident Spanish subjects.

-End-

-CITE-
    8 USC Secs. 232 to 237                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Secs. 232 to 237. Omitted

-COD-
                               CODIFICATION                           
      Sections 232 to 236, act Dec. 28, 1945, ch. 591, Secs. 1-5, 59
    Stat. 659, relating to admission of alien spouses and minor
    children of World War II veterans, omitted as expired three years
    after Dec. 28, 1945.
      Section 237, act Dec. 28, 1945, ch. 591, Sec. 6, added July 22,
    1947, ch. 289, 61 Stat. 401.

-End-

-CITE-
    8 USC Sec. 238                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Sec. 238. Transferred

-COD-
                               CODIFICATION                           
      Section transferred to section 1557 of this title.

-End-

-CITE-
    8 USC Sec. 239                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER III - QUOTA AND NONQUOTA IMMIGRANTS

-HEAD-
    Sec. 239. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Aug. 19, 1950, ch. 759, 64 Stat. 464; Mar. 19,
    1951, ch. 9, 65 Stat. 6, relating to admission of alien spouses and
    minor children of members of armed forces, expired by its own terms
    on Mar. 19, 1952.

-End-

-CITE-
    8 USC SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I         01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I

-HEAD-
               SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I           

-End-

-CITE-
    8 USC Secs. 241 to 246                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 6 - IMMIGRATION
    SUBCHAPTER IV - ALIEN VETERANS OF WORLD WAR I

-HEAD-
    Secs. 241 to 246. Repealed.

-MISC1-
    Secs. 241 to 246. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(28), 66 Stat. 279, eff. Dec. 24, 1952.
      Sections, act May 26, 1926, ch. 398, Secs. 1-6, 44 Stat. 654,
    655, related to alien veterans of World War I.

-End-

-CITE-
    8 USC CHAPTER 7 - EXCLUSION OF CHINESE                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 7 - EXCLUSION OF CHINESE

-HEAD-
                     CHAPTER 7 - EXCLUSION OF CHINESE                 

-COD-
                               CODIFICATION                           
      Former chapter 7 of this title included the provisions of the
    several Chinese Exclusion acts, beginning with the temporary act of
    May 6, 1882, ch. 126, 22 Stat. 58, which, as being then in force,
    were, by act Apr. 27, 1904, ch. 1630, Sec. 5, 33 Stat. 428,
    amending act Apr. 29, 1902, ch. 641, 32 Stat. 176, "re-enacted,
    extended, and continued, without modification, limitation, or
    condition;" with the further provisions of the act and those of
    subsequent acts relating to the subject which remained in force.

-End-

-CITE-
    8 USC Sec. 261                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 7 - EXCLUSION OF CHINESE

-HEAD-
    Sec. 261. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Feb. 14, 1903, ch. 552, Sec. 7, 32 Stat. 828; Mar.
    4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Ex. Ord. No. 6166, Sec. 14,
    June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R.
    2423, 54 Stat. 1238, conferred upon the Attorney General the
    authority, power, and jurisdiction by virtue of any law relating to
    the exclusion from and residence within the United States, its
    Territories and the District of Columbia, of Chinese and persons of
    Chinese descent, and vested in the collectors of customs and
    collectors of internal revenue, under control of the Commissioner
    of Immigration and Naturalization, as the Attorney General might
    designate therefor, the authority, power, and jurisdiction in
    relation to such exclusion previously vested in such officers. It
    was omitted as obsolete in view of the repeal, by act Dec. 17,
    1943, ch. 344, Sec. 1, 57 Stat. 600, of sections 262 to 297 and 299
    of this title.

-End-

-CITE-
    8 USC Secs. 262 to 297                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 7 - EXCLUSION OF CHINESE

-HEAD-
    Secs. 262 to 297. Repealed.

-MISC1-
    Secs. 262 to 297. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57
      Stat. 600.
      Sections, acts May 6, 1882, ch. 126, Secs. 1, 3, 6-13, 15, 16, 22
    Stat. 59-61; July 5, 1884, ch. 220, 23 Stat. 115-118; Sept. 13,
    1888, ch. 1015, Secs. 5-11, 13, 14, 25 Stat. 477-479; Oct. 1, 1888,
    ch. 1064, Secs. 1, 2, 25 Stat. 504; May 5, 1892, ch. 60, Secs. 1-3,
    5-8, 27 Stat. 25, 26; Nov. 3, 1893, ch. 14, Secs. 1, 2, 28 Stat. 7,
    8; July 7, 1898, No. 55, Sec. 1 (part), 30 Stat. 751; Apr. 30,
    1900, ch. 339, Sec. 1, 31 Stat. 161; June 6, 1900, ch. 791, Sec. 1
    (part), 31 Stat. 611; Mar. 3, 1901, ch. 845, Secs. 1-3, 31 Stat.
    1093; Apr. 29, 1902, ch. 641, Secs. 1, 2, 4, 32 Stat. 176, 177;
    Apr. 27, 1904, ch. 1630, Sec. 5, 33 Stat. 428; Aug. 24, 1912, ch.
    355, Sec. 1 (part), 37 Stat. 476, related to exclusion of Chinese
    and persons of Chinese descent from the United States or its
    Territories, and to various matters pertaining thereto, including
    the requirement of certificates of permission and identity by those
    who might be entitled to entry, exemptions, duties of masters of
    vessels and Federal officers, arrest, hearing and removal of
    Chinese unlawfully within the United States or its Territories,
    habeas corpus, and forfeitures and penalties for violation of the
    exclusion laws.

-End-

-CITE-
    8 USC Sec. 298                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 7 - EXCLUSION OF CHINESE

-HEAD-
    Sec. 298. Omitted

-COD-
                               CODIFICATION                           
      Section, acts Mar. 17, 1894, Art. III, 28 Stat. 1211; Apr. 28,
    1904, ch. 1762, Sec. 1, 33 Stat. 478, provided for the Bertillon
    system of identification at the various ports of entry, to prevent
    unlawful entry of Chinese into the United States. It is obsolete in
    view of the repeal of sections 262 to 297 of this title by act Dec.
    17, 1943, ch. 344, Sec. 1, 57 Stat. 600. For some years prior to
    such act, no moneys had been appropriated to prevent unlawful entry
    of Chinese, referred to in this section.

-End-

-CITE-
    8 USC Sec. 299                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 7 - EXCLUSION OF CHINESE

-HEAD-
    Sec. 299. Repealed.

-MISC1-
    Sec. 299. Repealed. Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600.
      Section, act June 23, 1913, ch. 3, Sec. 1, 38 Stat. 65, provided
    for delivery by the marshal, of all Chinese persons ordered
    deported under judicial writs, into the custody of any officer
    designated for that purpose, for conveyance to the frontier or
    seaboard for deportation.

-End-

-CITE-
    8 USC CHAPTER 8 - THE COOLY TRADE                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 8 - THE COOLY TRADE

-HEAD-
                        CHAPTER 8 - THE COOLY TRADE                    

-End-

-CITE-
    8 USC Secs. 331 to 339                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 8 - THE COOLY TRADE

-HEAD-
    Secs. 331 to 339. Repealed.

-MISC1-
    Secs. 331 to 339. Repealed. Pub. L. 93-461, Oct. 20, 1974, 88 Stat.
      1387.
      Section 331, R.S. Sec. 2158, prohibited cooly trade.
      Section 332, R.S. Sec. 2159; Mar. 3, 1911, ch. 231, Sec. 291, 36
    Stat. 1167, related to forfeiture of vessels engaged in cooly
    trade.
      Section 333, R.S. Sec. 2160, related to penalty for building
    vessels to engage in cooly trade.
      Section 334, R.S. Sec. 2161, related to punishment for engaging
    in cooly trade.
      Section 335, R.S. Sec. 2162, excepted voluntary emigration of
    coolies from prohibition.
      Section 336, act Mar. 3, 1875, ch. 141, Sec. 1, 18 Stat. 477,
    related to inquiry and certification by consular officers.
      Section 337, R.S. Sec. 2163, related to examination of vessels.
      Section 338, act Mar. 3, 1875, ch. 141, Sec. 2, 18 Stat. 477,
    related to penalties for involuntary transportation of Chinese,
    Japanese, and others for purpose of holding to service.
      Section 339, act Mar. 3, 1875, ch. 141, Sec. 4, 18 Stat. 477,
    related to punishment for contracting to supply cooly labor.

-End-

-CITE-
    8 USC CHAPTER 9 - MISCELLANEOUS PROVISIONS                  01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 9 - MISCELLANEOUS PROVISIONS

-HEAD-
                   CHAPTER 9 - MISCELLANEOUS PROVISIONS               

-End-

-CITE-
    8 USC Secs. 351 to 416                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 9 - MISCELLANEOUS PROVISIONS

-HEAD-
    Secs. 351 to 416. Repealed or transferred

-MISC1-
      These sections, relating to naturalization, were in large degree
    affected by the Nationality Act of 1940, former section 501 et seq.
    of this title. That act was passed on Oct. 14, 1940, to consolidate
    and restate the laws of the United States regarding citizenship,
    naturalization, and expatriation, and, in addition to certain
    specific repeals thereby, all acts or parts of acts in conflict
    with its provisions were repealed by former section 904 of this
    title. See notes below for history of individual sections.
      Sections 351 to 354, relating to Bureau of Naturalization, were
    repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, 54 Stat.
    1172. Sections 351 to 353 were from act June 29, 1906, ch. 3592,
    Sec. 1, 34 Stat. 596, and section 354 was from act May 9, 1918, ch.
    69, Sec. 1, 40 Stat. 544. See section 1443 of this title. See also
    section 1551 et seq. of this title for general provisions relating
    to Immigration and Naturalization Service.
      Section 355, relating to reports of expenditures of Bureau of
    Naturalization, was repealed by act May 29, 1928, ch. 901, Sec. 1,
    45 Stat. 994. It was from act Mar. 4, 1909, ch. 299, Sec. 1, 35
    Stat. 982.
      Sections 356 to 358a were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Section 356, relating
    to regulations for execution of naturalization laws and use of
    copies of papers in evidence, was from acts June 29, 1906, ch.
    3592, Sec. 28, 34 Stat. 606, and Mar. 2, 1929, ch. 536, Sec. 8, 45
    Stat. 1515; see section 1443 of this title. Section 356a, relating
    to quarters for photographic studio in New York City, was from act
    May 25, 1932, ch. 203, Sec. 9, 47 Stat. 166; see section 1443(g) of
    this title. Sections 357 (from act June 29, 1906, ch. 3592, Sec. 3,
    34 Stat. 596, as amended Mar. 3, 1911, ch. 231, Sec. 289, 36 Stat.
    1167; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; June 25, 1936,
    ch. 804, 49 Stat. 1921), 358 (from act Mar. 2, 1917, ch. 145, Sec.
    41, 39 Stat. 965), and 358a (from act Feb. 25, 1927, ch. 192, Sec.
    4, 44 Stat. 1235), related to jurisdiction of naturalization
    courts; see section 1421 of this title.
      Section 359, relating to racial limitation of naturalization, was
    from R.S. Sec. 2169 (revised from act July 14, 1870, ch. 254, Sec.
    7, 16 Stat. 256), and acts Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat.
    318; May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. According to a
    communication of Jan. 8, 1943, the Immigration and Naturalization
    Service stated that it was the opinion of that office that said
    section 359 was superseded by former section 703 of this title. See
    section 1422 of this title.
      Section 360, relating to admission of persons not citizens owing
    permanent allegiance to the United States, was repealed by act Oct.
    14, 1940, ch. 876, title I, subch. V, 54 Stat. 1172. It was from
    act June 29, 1906, ch. 3592, Sec. 30, 34 Stat. 606. See section
    1436 of this title.
      Section 361, relating to period of residence required for
    citizenship, was repealed by act Mar. 2, 1929, ch. 536, 45 Stat.
    1514. It was from R.S. Sec. 2170, which was revised from act Mar.
    3, 1813, ch. 42, Sec. 12, 2 Stat. 811. See section 1427 of this
    title.
      Section 362, forbidding naturalization of citizens within thirty
    days preceding a general election, was repealed by act Oct. 14,
    1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was
    from act June 29, 1906, ch. 3592, Sec. 6, 34 Stat. 598. See section
    1447(c) of this title.
      Section 363, making Chinese inadmissible to citizenship, was
    repealed by act Dec. 17, 1943, ch. 344, Sec. 1, 57 Stat. 600. It
    was from act May 6, 1882, ch. 126, Sec. 14, 22 Stat. 61.
      Sections 364 to 366a, relating to persons inadmissible to
    citizenship, were repealed by act Oct. 14, 1940, ch. 876. title I,
    subch. V, Sec. 504, 54 Stat. 1172. Sections 364 and 365 were from
    act June 29, 1906, ch. 3592, Secs. 7, 8, respectively, 34 Stat.
    598, 599; see sections 1424 and 1423, respectively, of this title.
    Section 366 was from acts May 18, 1917, ch. 15, Sec. 2, 40 Stat.
    77; July 9, 1918, ch. 143, Sec. 4, 40 Stat. 885. Section 366a was
    from act Feb. 11, 1931, ch. 118, 46 Stat. 1087.
      Sections 367 to 368a, relating to naturalization of women, were
    repealed by act Oct. 14, 1940, ch. 876. title I, subch. V, Sec.
    504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411,
    Secs. 1, 2, 3(c), respectively, 42 Stat. 1021, 1022, as amended
    Mar. 3, 1931, ch. 442, Sec. 4(a), 46 Stat 1511; May 17, 1932, ch.
    190, 47 Stat. 158; May 24, 1934, ch. 344, Sec. 4, 48 Stat. 797. On
    the subject of section 367 see section 1422 of this title, and on
    the subject of 368, see section 1430 of this title.
      Section 368b, relating to citizenship of women born in Hawaii
    prior to June 14, 1900, was repealed by act June 27, 1952, ch. 477,
    title IV, Sec. 403(a)(34), 66 Stat. 280. It was from acts July 2,
    1932, ch. 395, 47 Stat. 571; July 1, 1940, ch. 495, 54 Stat. 707.
      Sections 369 and 369a, relating to naturalization of women, were
    repealed by act Oct. 14, 1940, ch. 876, title I, subch. V, Sec.
    504, 54 Stat. 1172. They were from act Sept. 22, 1922, ch. 411,
    Secs. 4, 3(b), respectively, 42 Stat. 1022, as amended July 3,
    1930, ch. 835, Sec. 2(a), 46 Stat. 854; Mar. 3, 1931, ch. 442, Sec.
    4(a), 46 Stat. 1511. See section 1435(a) of this title.
      Section 370, relating to naturalization of women married to
    aliens ineligible to citizenship, was repealed by act Mar. 3, 1931,
    ch. 442, Sec. 4(b), 46 Stat. 1512. It was from act Sept. 22, 1922,
    ch. 411, Sec. 5, 42 Stat. 1022.
      Section 371, relating to naturalization of wives and children of
    aliens becoming insane after declaration of intention to become
    citizens, was repealed by act May 24, 1934, ch. 344, Sec. 5, 48
    Stat. 798, which provided that such repeal should "not affect any
    right or privilege or terminate any citizenship acquired under" the
    section before its repeal. Section was from act Feb. 24, 1911, ch.
    151, 36 Stat. 929.
      Sections 372 to 373 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Section 372, relating
    to procedure for naturalization, was from act June 29, 1906, ch.
    3592, Sec. 4, 34 Stat. 596; see section 1421(d) of this title.
    Section 372a, relating to naturalization of former citizens, was
    from act Mar. 3, 1931, ch. 442, Sec. 3, 46 Stat. 1511. Section 373,
    relating to declaration of intention to become citizen, was from
    acts June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 596; Mar. 4, 1929,
    ch. 683, Sec. 1, 45 Stat. 1545; June 20, 1939, ch. 224, Sec. 1, 53
    Stat. 843; see section 1445(f) of this title.
      Section 374, making it unlawful to make a declaration of
    intention on election day, was repealed by act May 25, 1926, ch.
    388, Sec. 1, 44 Stat. 652. It was from act June 29, 1906, ch. 3592,
    Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat. 544.
      Section 375, providing that declarations of intention should not
    be required of widow or minor children of aliens dying after having
    filed a declaration of intention, was repealed by act May 24, 1934,
    ch. 344, Sec. 5, 48 Stat. 798, which provided that such repeal
    should "not affect any right or privilege or terminate any
    citizenship acquired under" the section before its repeal. Section
    was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat. 597.
      Section 375a, act July 2, 1940, ch. 512, Secs. 1, 2, 54 Stat.
    715, relating to exemption from declaration of intention and filing
    of petition by children spending childhood in United States, was
    repealed by act June 27, 1952, ch. 477, title IV, Sec. 403(a)(40),
    66 Stat. 280.
      Section 376, providing that alien seamen declarants should be
    deemed citizens for purposes of protection, was repealed by act
    June 15, 1935, ch. 255, Sec. 1, 49 Stat. 376. It was from act June
    29, 1906, ch. 3592, Sec. 4(8), as added May 9, 1918, ch. 69, Sec.
    1, 40 Stat. 544.
      Section 377, authorizing naturalization of certain aliens
    erroneously exercising rights and duties of citizenship prior to
    July 1, 1920, was repealed by act Oct. 14, 1940, ch. 876, title I,
    subch. V, Sec. 504, 54 Stat. 1172. It was from act June 29, 1906,
    ch. 3592, Sec. 4(10), as added May 9, 1918, ch. 69, Sec. 1, 40
    Stat. 545, and amended May 25, 1932, ch. 203, Sec. 10, 47 Stat.
    166.
      Section 377a, related to naturalization of inhabitants of Virgin
    Islands. It was from acts Feb. 25, 1927, ch. 192, Sec. 2, 44 Stat.
    1234; May 17, 1932, ch. 190, 47 Stat. 158.
      Sections 377b to 382c were repealed by act Oct. 14, 1940, ch.
    876, title I, subch. V, Sec. 504, 54 Stat. 1172. Section 377b,
    requiring lawful entry and certificate of arrival as prerequisite
    to declaration of intention, was from acts Mar. 2, 1929, ch. 536,
    Sec. 4, 45 Stat. 1513; May 25, 1932, ch. 203, Sec. 6, 47 Stat. 166;
    similar provisions were contained in former section 729(b) of this
    title. Section 377c, relating to photographs of aliens seeking to
    become citizens, was from act June 29, 1906, ch. 3592, Sec. 36, as
    added Mar. 2, 1929, ch. 536, Sec. 9, 45 Stat. 1516; see section
    1444 of this title. Section 378, enumerating conditions under which
    alien enemies could be naturalized, was from act June 29, 1906, ch.
    3592, Sec. 4(11), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat.
    545; see section 1442 of this title. Section 379, relating to
    petitions for naturalization, was from act June 29, 1906, ch. 3592,
    Sec. 4, 34 Stat. 596, as amended Mar. 2, 1929, ch. 536, Sec. 6(a),
    45 Stat. 1513; June 20, 1939, ch. 224, Sec. 2, 53 Stat. 843; see
    sections 1445 and 1446(f) of this title. Section 380, providing
    that certificate of arrival and declaration of intention should be
    made a part of petition for naturalization was from act June 29,
    1906, ch. 3592, Sec. 4, 34 Stat. 596; see section 1445(a), (b) of
    this title. Section 380a, relating to fees for issuance of
    certificates of arrival, was from acts Mar. 2, 1929, ch. 536, Sec.
    5, 45 Stat. 1513; Apr. 19, 1934, ch. 154, Sec. 3, 48 Stat. 597; see
    section 1455(a)(2) of this title. Section 380b, defining county as
    used in former sections 379, 382, and 388 of this title, was from
    act June 29, 1906, ch. 3592, Sec. 35, as added Mar. 2, 1929, ch.
    536, Sec. 9, 45 Stat. 1516, and amended May 17, 1932, ch. 190, 47
    Stat. 158. Sections 381 and 382(c), relating to oaths of aliens
    admitted to citizenship and certain prerequisites to admission,
    respectively, were from acts June 29, 1906, ch. 3592, Sec. 4, 34
    Stat. 596; Mar. 2, 1929, ch. 536, Sec. 6b, 45 Stat. 1513; June 25,
    1936, ch. 811, Sec. 1, 49 Stat. 1925; June 29, 1938, ch. 819, 52
    Stat. 1247; June 20, 1939, ch. 224, Sec. 3, 53 Stat. 844; on the
    subject of section 381 see section 1448 of this title; and on the
    subject of section 382 see sections 1427, 1430(b) and 1446(g) of
    this title. Sections 382a, relating to absence from country as
    affecting continuity of residence for purpose of naturalization,
    was from act June 25, 1936, ch. 811, Sec. 2, 49 Stat. 1925; see
    section 1427(c) of this title. Sections 382b and 382c, relating to
    temporary absences of clergymen as affecting continuity of
    residence, were from act Aug. 9, 1939, ch. 610, Secs. 1, 2,
    respectively, 53 Stat. 1273; see sections 1428 and 1443(a),
    respectively, of this title.
      Section 383, relating to proof of residence by deposition, was
    repealed by act Mar. 2, 1929, ch. 536, Sec. 6(e), 45 Stat. 1514. It
    was from act June 29, 1906, ch. 3592, Sec. 10, 34 Stat. 599.
      Section 384, relating to residence of aliens serving on vessels
    of foreign registry, was repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. It was from act June
    29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec.
    1, 40 Stat. 544; amended May 25, 1932, ch. 203, Sec. 3, 47 Stat.
    165. See section 1441(a)(2) of this title.
      Section 385, related to validation of Hawaiian jurisdiction
    exercised prior to Sept. 27, 1906. It was from acts Apr. 30, 1900,
    ch. 339, Sec. 100, 31 Stat. 161; May 27, 1910, ch. 258, Sec. 9, 36
    Stat. 448; Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54
    Stat. 1172.
      Sections 386 to 389 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Section 386, providing
    for the renunciation of titles of nobility by aliens seeking
    citizenship, was from act June 29, 1906, ch. 3592, Sec. 4, 34 Stat.
    596; see section 1448(b) of this title. Section 387, relating to
    reimbursement for publication of citizenship textbooks, was from
    act June 29, 1906, ch. 3592, Sec. 4(9), as added May 9, 1918, ch.
    69, Sec. 1, 40 Stat. 544; see sections 1443 (b) and 1457 of this
    title. Section 388, relating to residence requirements for certain
    Filipinos and Puerto Ricans serving in military service, was from
    act June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch.
    69, Sec. 1, 40 Stat. 542; June 4, 1920, ch. 227, Sec. 30, 41 Stat.
    776; Mar. 2, 1929, ch. 536, Sec. 6(c), (d), 45 Stat. 1514; May 17,
    1932, ch. 190, 47 Stat. 158; May 25, 1932, ch. 203, Sec. 2(a), 47
    Stat. 165; July 30, 1937, ch. 545, Sec. 3, 50 Stat. 548; see
    sections 1427, 1439, and 1441(a)(1) of this title. Section 389,
    relating to residence of aliens conditionally serving in military
    services after honorable discharge, was from act June 29, 1906, ch.
    3592, Sec. 4(7), as added May 9, 1918, ch. 69, Sec. 1, 40 Stat.
    542.
      Section 389a, relating to naturalization of alien veterans of
    World War I, was repealed by act June 27, 1952, ch. 477, title IV,
    Sec. 403(a)(37), 66 Stat. 280. It was from act Aug. 19, 1937, ch.
    698, Sec. 2, as added Aug. 16, 1940, ch. 684, 54 Stat. 789.
      Sections 390 to 392, relating to naturalization of alien veterans
    of World War I, were repealed by act Oct. 14, 1940, ch. 876, title
    I, subch. V, Sec. 504, 54 Stat. 1172. They were from act June 29,
    1906, ch. 3592, Secs. 4(7), 4(13), and 4(7), respectively, as added
    May 19, 1918, ch. 69, Sec. 1, 40 Stat. 542 to 544. See section 1439
    of this title.
      Sections 392a to 392d related to naturalization of alien veterans
    of World War I. Sections 392b to 392d were repealed by act Oct. 11,
    1940, ch. 876 title I, subch. V, Sec. 504, 54 Stat. 1172. Section
    392a was from acts May 26, 1926, ch. 398, Sec. 7, 44 Stat. 655;
    Mar. 4, 1929, ch. 683, Sec. 3, 45 Stat. 1546. Sections 392b to 392d
    were from acts May 25, 1932, ch. 203, Sec. 1, 47 Stat. 165; Ex.
    Ord. No. 6166, Sec. 14, June 10, 1933; June 24, 1935, ch. 288,
    Secs. 1 to 3, 49 Stat. 395; Aug. 23, 1937, ch. 735, Secs. 1 to 3,
    50 Stat. 743, 744; June 21, 1939, ch, 234, Secs. 1 to 3, 53 Stat.
    851.
      Sections 392e to 398 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 392e to 392g,
    relating to naturalization of alien veterans of World War I
    formerly ineligible because of race, were from act June 24, 1935,
    ch. 290, Secs. 1-3, respectively, 49 Stat. 397, 398. Sections 393
    to 395, relating to naturalization of alien veterans, were from act
    June 29, 1906, ch. 3592, Sec. 4(7), as added May 9, 1918, ch. 69,
    Secs. 1, 2, 40 Stat. 543; see sections 1439 and 1441(a)(1) of this
    title. Sections 396 to 398, relating to time of filing petition,
    subpoena of witnesses, and final hearings on petitions,
    respectively, were from act June 29, 1906, ch. 3592, Secs. 6, 5, 9,
    respectively, 34 Stat. 598, 599, as amended Mar. 3, 1931, ch. 442,
    Secs. 1, 2, 46 Stat. 1511; see sections 1445(c) and 1447(a), (e) of
    this title.
      Section 398a, act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178,
    related to patriotic address to new citizens. See section 1448a of
    this title.
      Sections 399 to 402 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Section 399,
    authorizing the United States to appear and oppose the right of
    aliens to naturalization, was from act June 29, 1906, ch. 3592,
    Sec. 11, 34 Stat. 599; see section 1447 of this title. Section
    399a, relating to preliminary examination of petitioners for
    naturalization, was from act June 8, 1926, ch. 502, 44 Stat. 709;
    see sections 1446 and 1447 of this title. Sections 399b to 399d,
    relating to certificates of citizenship, were from acts June 29,
    1906, ch. 3592, Secs. 32 to 34, respectively, as added Mar. 2,
    1929, ch. 536, Sec. 9, 45 Stat. 1515; amended May 25, 1932, ch.
    203, Secs. 4, 5, 47 Stat. 165; Apr. 19, 1934, ch. 154, Secs. 2, 4,
    48 Stat. 597; see sections 1452, 1454 and 1455(g) of this title.
    Section 399e, relating to annual reports of Commissioner of
    Immigration, was from act Mar. 2, 1929, ch. 536, Sec. 10, 45 Stat.
    1516; see section 1458 of this title. Section 399f, relating to
    counsel fees in naturalization proceedings, was from act Apr. 19,
    1934, ch. 154, Sec. 5, 48 Stat. 598; see section 1455 of this
    title. Sections 400 to 402, relating to clerks of naturalization
    courts and their fees and clerical assistants, were from acts June
    29, 1906, ch. 3592, Secs. 12, 13, 34 Stat. 599, as amended June 25,
    1910, ch. 401, Sec. 1, 36 Stat. 829; Mar. 4, 1913, ch. 141, Sec. 3,
    37 Stat. 737; June 12, 1917, ch. 27, Sec. 1, 40 Stat. 171; Feb. 26,
    1919, ch. 49, Secs. 1, 2, 40 Stat. 1182; Feb. 11, 1921, ch. 46, 41
    Stat. 1099; Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1412; June 10,
    1921, ch. 18, Sec. 304, 42 Stat. 24; Mar. 2, 1929, ch. 536, Sec.
    7(a), 45 Stat. 1514; and Apr. 19, 1934, ch. 154, Sec. 1, 48 Stat.
    597; see sections 1450(a)-(d), 1455, and 1459(b), (c) of this
    title.
      Section 402a, related to disposition of fees received by clerks
    of courts. It was from act Mar. 2, 1929, ch. 536, Sec. 7(b), 45
    Stat. 1515; Ex. Ord. No. 6166, Sec. 14, June 10, 1933. See section
    1455(e) of this title.
      Sections 403 to 405 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 403 and 404,
    relating to fees collectible from alien soldiers, and to recording
    declarations and petitions, respectively, were from act June 29,
    1906, ch. 3592, Secs. 4(7), 14, respectively, 34 Stat. 601, as
    amended May 9, 1918, ch. 69, Sec. 1 40 Stat. 544; see sections
    1450(e) and 1455(h) of this title. Section 405, relating to
    cancellation of certificates of citizenship, was from acts June 29,
    1906, ch. 3592, Sec. 15, 34 Stat. 601; May 9, 1918, ch. 69, Sec. 1,
    40 Stat. 544; see section 1451 of this title.
      Sections 406 and 407 validated certain certificates of
    naturalization. They were from acts May 9, 1918, ch. 69, Sec. 3, 40
    Stat. 548, and June 29, 1906, ch. 3624, Sec. 1, 34 Stat. 630,
    respectively.
      Sections 408 to 415 were repealed by act Oct. 14, 1940, ch. 876,
    title I, subch. V, Sec. 504, 54 Stat. 1172. Sections 408 and 409,
    relating to naturalization forms, were from act June 29, 1906, ch.
    3592, Secs. 3, 27, respectively, 34 Stat. 596, 603; Mar. 4, 1913,
    ch. 141, Sec. 3, 37 Stat. 737; May 9, 1918, ch. 69, Sec. 3, 40
    Stat. 548; on the subject of section 408 see sections 1421(c) and
    1443(c) of this title, and on the subject of section 409 see
    sections 1445(a)-(d), (f), and 1449 of this title. Sections 410 to
    415, relating to the punishment of crimes in connection with the
    naturalization of aliens, were from act June 29, 1906, ch. 3592,
    Secs. 18, 20-24, respectively, 34 Stat. 602, 603; present
    provisions are contained in sections 1451(a), (b), (d), (e), (g)-
    (i) and 1459 of this title and sections 911, 1015, 1421-1429, 1719
    and 3282 of Title 18, Crimes and Criminal Procedure.
      Section 416, authorizing punishment of offenses against
    naturalization laws committed prior to May 9, 1918, under laws then
    in effect but since repealed, was repealed by act Oct. 14, 1940,
    ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172. It was from
    act May 9, 1918, ch. 69, Sec. 2, 40 Stat. 547. See note set out
    under section 1101 of this title.

-End-

-CITE-
    8 USC CHAPTER 10 - ALIEN REGISTRATION                       01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 10 - ALIEN REGISTRATION

-HEAD-
                      CHAPTER 10 - ALIEN REGISTRATION                  

-End-

-CITE-
    8 USC Secs. 451 to 460                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 10 - ALIEN REGISTRATION

-HEAD-
    Secs. 451 to 460. Repealed.

-MISC1-
    Secs. 451 to 460. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(39), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 451, act June 28, 1940, ch. 439, title III, Sec. 30, 54
    Stat. 673, required an alien seeking entry into United States to be
    registered and fingerprinted before the issuance to him of a visa.
    See sections 1201(b) and 1301 of this title.
      Section 452, act June 28, 1940, ch. 439, title III, Sec. 31, 54
    Stat. 673, related to registration of aliens in United States. See
    section 1302 of this title.
      Section 453, act June 28, 1940, ch. 439, title III, Sec. 32, 54
    Stat. 674, related to special provisions governing registration.
    See section 1303 of this title.
      Section 454, act June 28, 1940, ch. 439, title III, Sec. 33, 54
    Stat. 674, related to places of registration and duties of
    postmasters.
      Section 455, act June 28, 1940, ch. 439, title III, Sec. 34, 54
    Stat. 674, related to forms and procedure, confidential status of
    records and oaths in connection with the registration and
    fingerprinting of aliens. See section 1304 of this title.
      Section 456, acts June 28, 1940, ch. 439, title III, Sec. 35, 54
    Stat. 675; Sept. 23, 1950, ch. 1024, title I, Sec. 24(a), 64 Stat.
    1012, related to notice of change of address. See section 1305 of
    this title.
      Section 457, acts June 28, 1940, ch. 439, title III, Sec. 36, 54
    Stat. 675; Oct. 13, 1941, ch. 432, 55 Stat. 736; Sept. 23, 1950,
    ch. 1024, title I, Sec. 24(b), 64 Stat. 1013, related to penalties.
    See section 1306 of this title.
      Section 458, act June 28, 1940, ch. 439, title III, Sec. 37, 54
    Stat. 675, related to administration and enforcement of
    registration law. See section 1306 of this title.
      Section 459, act June 28, 1940, ch. 439, title III, Sec. 38, 54
    Stat. 675, related to definitions and effective date. See section
    1101(a)(8), (38) of this title.
      Section 460, act June 28, 1940, ch. 439, title III, Sec. 39, 54
    Stat. 676, related to registration of aliens in Canal Zone.

                          NATIONALITY ACT OF 1940                      
      On October 14, 1940, and subsequent to the enactment of former
    section 451 et seq. of this title, Congress passed the Nationality
    Act of 1940 [former section 501 et seq. of this title] for the
    purpose of consolidating and restating the laws of the United
    States upon citizenship, naturalization and expatriation. Said act
    contained further provisions relating to registry of aliens [former
    sections 728 and 746(l) of this title], and former section 504
    thereof, in addition to certain specific repeals, provided that all
    acts or parts of acts in conflict therewith were thereby repealed.

-End-

-CITE-
    8 USC CHAPTER 11 - NATIONALITY                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY

-HEAD-
                         CHAPTER 11 - NATIONALITY                     

-End-

-CITE-
    8 USC SUBCHAPTER I - DEFINITIONS                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER I - DEFINITIONS

-HEAD-
                        SUBCHAPTER I - DEFINITIONS                    

-End-

-CITE-
    8 USC Secs. 501 to 504                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER I - DEFINITIONS

-HEAD-
    Secs. 501 to 504. Repealed.

-MISC1-
    Secs. 501 to 504. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Sections, act Oct. 14, 1940, ch. 876, title I, subch. I, Secs.
    101-104, 54 Stat. 1137, 1138, related to definitions and place of
    general abode. See various provisions of section 1101 of this
    title.

-End-

-CITE-
    8 USC SUBCHAPTER II - NATIONALITY AT BIRTH                  01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER II - NATIONALITY AT BIRTH

-HEAD-
                   SUBCHAPTER II - NATIONALITY AT BIRTH               

-End-

-CITE-
    8 USC Secs. 601 to 605                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER II - NATIONALITY AT BIRTH

-HEAD-
    Secs. 601 to 605. Repealed.

-MISC1-
    Secs. 601 to 605. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 601, acts Oct. 14, 1940, ch. 876, title I, subch. II,
    Sec. 201, 54 Stat. 1138; July 31, 1946, ch. 708, 60 Stat. 721,
    related to persons born nationals and citizens. See section 1401 of
    this title.
      Sections 602 to 605, act Oct. 14, 1940, ch. 876, title I, subch.
    II, Secs. 202-205, 54 Stat. 1139, related to citizens by birth in
    Puerto Rico, Canal Zone or Panama, nationals but not citizens and
    children born out of wedlock. See sections 1402, 1403, 1408,
    1409(a), (c), and 1407, respectively, of this title.

-End-

-CITE-
    8 USC Sec. 606                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER II - NATIONALITY AT BIRTH

-HEAD-
    Sec. 606. Transferred

-COD-
                               CODIFICATION                           
      Section transferred to section 1421l of Title 48, Territories and
    Insular Possessions. That section was later repealed. See section
    1407 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION    01/03/2007 

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
            SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION        

-End-

-CITE-
    8 USC Secs. 701 to 724a                                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Secs. 701 to 724a. Repealed.

-MISC1-
    Secs. 701 to 724a. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(40), (42), 66 Stat. 279, 280, eff. Dec. 24, 1952.
      Section 701, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 301, 54 Stat. 1140, related to jurisdiction to naturalize. See
    section 1421 of this title.
      Section 702, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 302, 54 Stat. 1140, related to sex or marriage, as affecting
    eligibility for naturalization. See section 1422 of this title.
      Section 703, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 303, 54 Stat. 1140; Dec. 17, 1943, ch. 344, Sec. 3, 57 Stat.
    601; July 2, 1946, ch. 534, Sec. 1, 60 Stat. 416; Aug. 1, 1950, ch.
    512, Sec. 4(b), 64 Stat. 385, related to races affecting
    eligibility. See section 1422 of this title.
      Section 704, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 304, 54 Stat. 1140; Sept. 23, 1950, ch. 1024, title I, Sec.
    30, 64 Stat. 1018, related to language, history and principles of
    government affecting eligibility. See section 1423 of this title.
      Section 705, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 305, 54 Stat. 1141; Sept. 23, 1950, ch. 1024, title I, Sec.
    25, 64 Stat. 1013, related to exclusion from naturalization. See
    sections 1424(a)-(c), 1427(f), and 1451(c) of this title.
      Section 706, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 306, 54 Stat. 1141, related to desertion from the armed forces
    or evasion of draft as affecting eligibility. See section 1425 of
    this title.
      Section 707, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 307, 54 Stat. 1142, related to residence as affecting
    eligibility. See sections 1427(a)-(c) and 1441(a)(2) of this title.
      Section 708, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 308, 54 Stat. 1143, related to temporary absence of clergyman
    as affecting eligibility. See section 1428 of this title.
      Section 709, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 309, 54 Stat. 1143, related to requirements as to proof of
    eligibility. See sections 1446(f)-(h) and 1447(e) of this title.
      Section 710, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 310, 54 Stat. 1144, related to married persons being excepted
    from certain requirements. See section 1430(a) of this title.
      Section 711, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 311, 54 Stat. 1145, related to spouse of United States citizen
    residing in United States, in marital union prior to petition. See
    section 1430(a) of this title.
      Section 712, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 312, 54 Stat. 1145, related to alien whose spouse is United
    States citizen regularly stationed abroad by United States
    employer. See section 1430(b) of this title.
      Section 713, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 313, 54 Stat. 1145, related to children born outside United
    States, one parent a continuous United States citizen and the other
    an alien subsequently naturalized. See section 1431 of this title.
      Section 714, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 314, 54 Stat. 1145, related to children born outside United
    States, both parents aliens, or one an alien and the other a
    citizen subsequently losing citizenship.
      Section 715, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 315, 54 Stat. 1146, related to children born of one parent a
    United States citizen. See section 1433 of this title.
      Section 716, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 316, 54 Stat. 1146, related to children adopted by United
    States citizens. See section 1434(a) of this title.
      Section 717, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 317, 54 Stat. 1146, related to former citizens being excepted
    from certain requirements. See sections 1435(a), (c) and 1482 of
    this title.
      Sections 718 to 720, act Oct. 14, 1940, ch. 876, title I,
    subchap. III, Secs. 318-320, 54 Stat. 1147, 1148, related
    respectively to citizenship lost by parent's expatriation, minor
    child's citizenship lost through cancellation of parent's
    naturalization and the exception from certain requirements of
    persons misinformed of citizenship status. Sections 718 and 719 are
    covered by sections 1482 and 1451(f), respectively, of this title.
      Section 720a, act July 2, 1940, ch. 512, Secs. 1, 2, 54 Stat.
    715, related to aliens spending childhood in United States as
    excepted from certain requirements.
      Section 721, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 321, 54 Stat. 1148, related to nationals but not citizens of
    the United States. See section 1436 of this title.
      Section 721a, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 321a, as added July 2, 1946, ch. 534, Sec. 2, 60 Stat. 417,
    related to resident Filipinos excepted from certain requirements.
    See section 1437 of this title.
      Section 722, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 322, 54 Stat. 1148, related to persons born in Puerto Rico of
    alien parents. See section 1402 of this title.
      Section 723, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 323, 54 Stat. 1149; Apr. 2, 1942, ch. 208, 56 Stat. 198; Aug.
    7, 1946, ch. 769, 60 Stat. 865; Aug. 16, 1951, ch. 321, Sec. 2, 65
    Stat. 191, related to former United States citizens losing
    citizenship by entering armed forces of nonenemy countries during
    World Wars I and II. See section 1438(a) of this title.
      Section 723a, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 323a, as added Dec. 7, 1942, ch. 690, 56 Stat. 1041, related
    to naturalization of persons serving in the armed forces of United
    States during World War I and earlier wars. See section 1440(a) of
    this title.
      Section 724, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 324, 54 Stat. 1149; July 2, 1946, ch. 534, Sec. 3, 60 Stat.
    417, related to persons serving in the armed forces of the United
    States. See section 1439 of this title.
      Section 724a, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 324a, as added June 1, 1948, ch. 360, Sec. 1, 62 Stat. 282;
    amended June 29, 1949, ch. 274, 63 Stat. 282, related to persons
    serving on active duty in armed forces of United States during
    World Wars I and II. See section 1440(a)-(c) of this title.

-End-

-CITE-
    8 USC Sec. 724a-1                                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Sec. 724a-1. Transferred

-COD-
                               CODIFICATION                           
      Section, acts June 30, 1950, ch. 443, Sec. 4, 64 Stat. 316; June
    27, 1952, ch. 477, title IV, Sec. 402(e), 66 Stat. 276, is set out
    as a note under section 1440 of this title.

-End-

-CITE-
    8 USC Secs. 725 to 727                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Secs. 725 to 727. Repealed.

-MISC1-
    Secs. 725 to 727. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 725, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 325, 54 Stat. 1150; Sept. 23, 1950, ch. 1024, title I, Sec.
    26, 64 Stat. 1015, related to aliens serving on certain United
    States vessels. See section 1441(a)(1) of this title.
      Section 726, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 326, 54 Stat. 1150, related to alien enemies. See section
    1442(a)-(c), (e) of this title.
      Section 727, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 327, 54 Stat. 1150; May 16, 1947, ch. 72, 61 Stat. 97, related
    to administration of naturalization laws. See section 1443 of this
    title.

-End-

-CITE-
    8 USC Sec. 727a                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Sec. 727a. Repealed.

-MISC1-
    Sec. 727a. Repealed. Feb. 29, 1952, ch. 49, Sec. 3, 66 Stat. 10.
      Section, act May 3, 1940, ch. 183, Sec. 2, 54 Stat. 178, related
    to patriotic address to new citizens. See section 1448a of this
    title.

-End-

-CITE-
    8 USC Secs. 728 to 746                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Secs. 728 to 746. Repealed.

-MISC1-
    Secs. 728 to 746. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), (46), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 728, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 328, 54 Stat. 1151, related to registration of aliens. See
    sections 1230 and 1259 of this title.
      Section 729, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 329, 54 Stat. 1152; Sept. 23, 1950, ch. 1024, title I, Sec.
    27, 64 Stat. 1015, related to certificate of arrival. See section
    1429 of this title.
      Section 730, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 330, 54 Stat. 1152, related to photographs. See section 1444
    of this title.
      Section 731, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 331, 54 Stat. 1153; May 31, 1947, ch. 87, Sec. 1, 61 Stat.
    121, related to declaration of intention. See section 1445(f) of
    this title.
      Section 732, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 332, 54 Stat. 1154; May 31, 1947, ch. 87, Sec. 2, 61 Stat.
    122; June 25, 1948, ch. 656, 62 Stat. 1026, related to petition for
    naturalization. See section 1445(a)-(d) of this title.
      Section 732a, act May 31, 1947, ch. 87, Sec. 5, 61 Stat. 122,
    related to waiver of appearance or petition for naturalization. See
    section 1445(e) of this title.
      Section 733, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 333, 54 Stat. 1156; Sept. 23, 1950, ch. 1024, title I, Sec.
    28(a), 64 Stat. 1016, related to hearings on petitions. See section
    1446(a)-(e) of this title.
      Section 734, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 334, 54 Stat. 1156; May 31, 1947, ch. 87, Sec. 3, 61 Stat.
    122; Sept. 23, 1950, ch. 1024, title I, Sec. 28(b), 64 Stat. 1016,
    related to final hearings. See section 1447(a)-(d), (f) of this
    title.
      Section 735, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 335, 54 Stat. 1157; May 31, 1947, ch. 87, Sec. 4, 61 Stat.
    122; Sept. 23, 1950, ch. 1024, title I, Sec. 29, 64 Stat. 1017,
    related to oath of renunciation and allegiance. See section 1448 of
    this title.
      Section 736, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 336, 54 Stat. 1157, related to certificate of naturalization.
    See section 1449 of this title.
      Section 737, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 337, 54 Stat. 1158, related to functions and duties of the
    clerks of courts. See sections 1449 and 1450 of this title.
      Section 738, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 338, 54 Stat. 1158, related to revocation of naturalization.
    See section 1451(a), (b), (d), (e), (g)-(i) of this title.
      Section 739, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 339, 54 Stat. 1160; Jan. 20, 1944, ch. 2, Sec. 3, 58 Stat. 4;
    July 23, 1947, ch. 304, Sec. 2, 61 Stat. 414, related to
    certificates of derivative citizenship. See section 1452 of this
    title.
      Section 740, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 340, 54 Stat. 1160, related to revocation of certificates
    issued by the commissioner or deputy. See section 1453 of this
    title.
      Section 741, act Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 341, 54 Stat. 1160, related to documents and copies issued by
    commissioner or deputy. See section 1454 of this title.
      Section 742, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 342, 54 Stat. 1161; Jan. 20, 1944, ch. 2, Sec. 3, 58 Stat. 5;
    Sept. 27, 1944, ch. 415, 58 Stat. 745; Sept. 28, 1944, ch. 446,
    Secs. 1, 2, 58 Stat. 755; Nov. 21, 1945, ch. 490, 59 Stat. 585;
    July 1, 1947, ch. 194, 61 Stat. 240, related to fiscal provisions.
    See section 1455 of this title.
      Sections 743 to 745, act Oct. 14, 1940, ch. 876, title I,
    subchap. III, Secs. 343-345, 54 Stat. 1163, related to mail,
    textbooks, and compilation of naturalization statistics. See
    sections 1457 and 1458 of this title.
      Section 746, acts Oct. 14, 1940, ch. 876, title I, subchap. III,
    Sec. 346, 54 Stat. 1163; June 25, 1948, ch. 645, Sec. 21, 62 Stat.
    862, related to penal provisions. See section 1459 of this title
    and sections 911, 1015, 1421-1429, 1719, and 3282 of Title 18,
    Crimes and Criminal Procedure.

-End-

-CITE-
    8 USC Sec. 747                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER III - NATIONALITY THROUGH NATURALIZATION

-HEAD-
    Sec. 747. Repealed.

-MISC1-
    Sec. 747. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,
      eff. Sept. 1, 1948.
      Section, act Oct. 14, 1940, ch. 876, title I, subchap. III, Sec.
    347, 54 Stat. 1168, related to saving clauses. Similar subject
    matter is contained in note under section 1101 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER IV - LOSS OF NATIONALITY                   01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER IV - LOSS OF NATIONALITY

-HEAD-
                    SUBCHAPTER IV - LOSS OF NATIONALITY                

-End-

-CITE-
    8 USC Sec. 800                                              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER IV - LOSS OF NATIONALITY

-HEAD-
    Sec. 800. Transferred

-COD-
                               CODIFICATION                           
      Section, R.S. Sec. 1999, is set out as a note under section 1481
    of this title.

-End-

-CITE-
    8 USC Secs. 801 to 810                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER IV - LOSS OF NATIONALITY

-HEAD-
    Secs. 801 to 810. Repealed.

-MISC1-
    Secs. 801 to 810. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 801, acts Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 401, 54 Stat. 1168; Jan. 20, 1944, ch. 2, Sec. 1, 58 Stat. 4;
    July 1, 1944, ch. 368, Sec. 1, 58 Stat. 677; Sept. 27, 1944, ch.
    418, Sec. 1, 58 Stat. 746, related to general means of losing
    United States nationality. See section 1481(a) of this title.
      Section 802, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 402, 54 Stat. 1169, related to presumption of expatriation.
    See section 1482 of this title.
      Section 803, acts Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 403, 54 Stat. 1169; July 1, 1944, ch. 368, Sec. 2, 58 Stat.
    677, related to restrictions on expatriation. See sections 1482 and
    1483(b) of this title.
      Section 804, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 404, 54 Stat. 1170, related to expatriation of naturalized
    nationals by residence abroad. See section 1484(a) of this title.
      Section 805, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 405, 54 Stat. 1170, related to exceptions in the case of
    persons employed or compensated by United States while residing
    abroad. See section 1485(1), (2) of this title.
      Section 806, acts Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 406, 54 Stat. 1170; Dec. 8, 1942, ch. 696, 56 Stat. 1043; Dec.
    24, 1942, ch. 819, 56 Stat. 1085, related to additional exceptions.
    See section 1485(3)-(9) of this title.
      Section 807, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 407, 54 Stat. 1170, related to minor children of naturalized
    nationals losing nationality by foreign residence. See section 1487
    of this title.
      Section 808, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 408, 54 Stat. 1171, related to exclusiveness of means of
    losing nationality. See section 1488 of this title.
      Section 809, acts Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 409, 54 Stat. 1171; Oct. 16, 1941, ch. 446, 55 Stat. 743; Oct.
    9, 1942, ch. 585, 56 Stat. 779; Sept. 27, 1944, ch. 419, 58 Stat.
    747; Oct. 11, 1945, ch. 410, 59 Stat. 544, related to nationality
    not lost under sections 804 or 807 until October, 1942. See section
    1487 of this title.
      Section 810, act Oct. 14, 1940, ch. 876, title I, subchap. IV,
    Sec. 410, 54 Stat. 1171, related to chapter being inapplicable
    where it contravened convention of treaties. See section 1489 of
    this title.

-End-

-CITE-
    8 USC SUBCHAPTER V - MISCELLANEOUS                          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER V - MISCELLANEOUS                   

-End-

-CITE-
    8 USC Secs. 901 to 903                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Secs. 901 to 903. Repealed.

-MISC1-
    Secs. 901 to 903. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 901, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 501, 54 Stat. 1171, related to procedure when diplomatic
    officials believe that persons in foreign state have lost American
    nationality. See section 1501 of this title.
      Section 902, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 502, 54 Stat. 1171, related to certificates of nationality for
    non-naturalized United States nationals. See section 1502 of this
    title.
      Section 903, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 503, 54 Stat. 1171, related to judicial proceedings for
    declaration of United States nationality in event of denial of
    rights and privileges as national. See section 1503 of this title.

-End-

-CITE-
    8 USC Secs. 903a, 903b                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Secs. 903a, 903b. Transferred

-COD-
                               CODIFICATION                           
      Sections 903a and 903b transferred to sections 1731 and 1732,
    respectively, of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    8 USC Secs. 904 to 907                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Secs. 904 to 907. Repealed.

-MISC1-
    Secs. 904 to 907. Repealed. June 27, 1952, ch. 477, title IV, Sec.
      403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 904, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 504, 54 Stat. 1172, related to repeals.
      Section 905, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 505, 54 Stat. 1174, related to separability clause.
      Section 906, act Oct. 14, 1940, ch. 876, title I, subchap. V,
    Sec. 505, 54 Stat. 1174, related to effective date of chapter.
      Section 907, act Oct. 14, 1940, ch. 876, title I, Sec. 1, 54
    Stat. 1137, related to short title of chapter.

                 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, Secs. 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, Secs. 135, 137, 138, 139, 140, 141,
    142, 143; Title 39, Sec. 324; Title 48, Sec. 733b; Title 50 App.,
    Sec. 202.

-End-

-CITE-
    8 USC SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN
           THE ARMED FORCES OF THE UNITED STATES DURING
           WORLD WAR II                                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN THE ARMED
                     FORCES OF THE UNITED STATES DURING WORLD WAR
                     II                        

-HEAD-
      SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN THE ARMED
              FORCES OF THE UNITED STATES DURING WORLD WAR II

-End-

-CITE-
    8 USC Secs. 1001 to 1006                                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 11 - NATIONALITY
    SUBCHAPTER VI - NATURALIZATION OF PERSONS SERVING IN THE ARMED
                     FORCES OF THE UNITED STATES DURING WORLD WAR
                     II                        

-HEAD-
    Secs. 1001 to 1006. Repealed.

-MISC1-
    Secs. 1001 to 1006. Repealed. June 27, 1952, ch. 477, title IV,
      Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952.
      Section 1001, act Oct. 14, 1940, ch. 876, title III, Sec. 701, as
    added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 182;
    amended Dec. 22, 1944, ch. 662, Sec. 1, 58 Stat. 886; Dec. 28,
    1945, ch. 590, Sec. 1(c)(1), 59 Stat. 658, related to exceptions
    from certain requirements of naturalization of persons serving in
    the armed forces during World War II. See section 1440 of this
    title.
      Section 1002, act Oct. 14, 1940, ch. 876, title III, Sec. 702, as
    added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 182;
    amended Dec. 22, 1944, ch. 662, Sec. 2, 58 Stat. 887, related to
    alien serving outside of jurisdiction of naturalization court. See
    section 1440 of this title.
      Section 1003, act Oct. 14, 1940, ch. 876, title III, Sec. 703, as
    added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183,
    related to waiver of notice to commissioner in case of alien enemy.
    See section 1440 of this title.
      Section 1004, act Oct. 14, 1940, ch. 876, title III, Sec. 704, as
    added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183,
    related to persons excepted from former subchapter. See section
    1440 of this title.
      Section 1005, act Oct. 14, 1940, ch. 876, title III, Sec. 705, as
    added Mar. 27, 1942, ch. 199, title X, Sec. 1001, 56 Stat. 183,
    related to forms, rules and regulations. See section 1440 of this
    title.
      Section 1006, act Oct. 14, 1940, ch. 876, title III, Sec. 706, as
    added Dec. 28, 1945, ch. 590, Sec. 1(c)(2), 59 Stat. 658, related
    to time of service limitation. See section 1440 of this title.

-End-

-CITE-    
    8 USC CHAPTER 12 - IMMIGRATION AND NATIONALITY              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    
-HEAD-
                 CHAPTER 12 - IMMIGRATION AND NATIONALITY             

-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1101.       Definitions.                                          
    1102.       Diplomatic and semidiplomatic immunities.             
    1103.       Powers and duties of the Secretary, the Under
                 Secretary, and the Attorney General.                 
    1104.       Powers and duties of Secretary of State.              
    1105.       Liaison with internal security officers; data
                 exchange.                                            
    1105a.      Employment authorization for battered spouses of
                 certain nonimmigrants.                               
    1106.       Repealed.                                             
    1107.       Additional report.                                    

                        SUBCHAPTER II - IMMIGRATION                    

                         PART I - SELECTION SYSTEM                     
    1151.       Worldwide level of immigration.                       
    1151a.      Repealed.                                             
    1152.       Numerical limitations on individual foreign states.   
    1153.       Allocation of immigrant visas.                        
    1154.       Procedure for granting immigrant status.              
    1155.       Revocation of approval of petitions; effective date.  
    1156.       Unused immigrant visas.                               
    1157.       Annual admission of refugees and admission of
                 emergency situation refugees.                        
    1158.       Asylum.                                               
    1159.       Adjustment of status of refugees.                     
    1160.       Special agricultural workers.                         
    1161.       Repealed.                                             

     PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
                            CITIZENS AND ALIENS
    1181.       Admission of immigrants into the United States.       
    1182.       Inadmissible aliens.                                  
    1182a to 1182c. Repealed.                                         
    1182d.      Denial of visas to confiscators of American property. 
    1182e.      Denial of entry into United States of foreign
                 nationals engaged in establishment or enforcement of
                 forced abortion or sterilization policy.             
    1182f.      Denial of entry into United States of Chinese and
                 other nationals engaged in coerced organ or bodily
                 tissue transplantation.                              
    1183.       Admission of aliens on giving bond or undertaking;
                 return upon permanent departure.                     
    1183a.      Requirements for sponsor's affidavit of support.      
    1184.       Admission of nonimmigrants.                           
    1184a.      Philippine Traders as nonimmigrants.                  
    1185.       Travel control of citizens and aliens.                
    1186.       Transferred.                                          
    1186a.      Conditional permanent resident status for certain
                 alien spouses and sons and daughters.                
    1186b.      Conditional permanent resident status for certain
                 alien entrepreneurs, spouses, and children.          
    1187.       Visa waiver program for certain visitors.             
    1188.       Admission of temporary H-2A workers.                  
    1189.       Designation of foreign terrorist organizations.       

                  PART III - ISSUANCE OF ENTRY DOCUMENTS              
    1201.       Issuance of visas.                                    
    1201a.      Repealed.                                             
    1202.       Application for visas.                                
    1203.       Reentry permit.                                       
    1204.       Immediate relative and special immigrant visas.       
    1205.       Repealed.                                             

      PART IV - INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
                                  REMOVAL
    1221.       Lists of alien and citizen passengers arriving and
                 departing.                                           
    1222.       Detention of aliens for physical and mental
                 examination.                                         
    1223.       Entry through or from foreign territory and adjacent
                 islands.                                             
    1224.       Designation of ports of entry for aliens arriving by
                 aircraft.                                            
    1225.       Inspection by immigration officers; expedited removal
                 of inadmissible arriving aliens; referral for
                 hearing.                                             
    1225a.      Preinspection at foreign airports.                    
    1226.       Apprehension and detention of aliens.                 
    1226a.      Mandatory detention of suspected terrorists; habeas
                 corpus; judicial review.                             
    1227.       Deportable aliens.                                    
    1228.       Expedited removal of aliens convicted of committing
                 aggravated felonies.                                 
    1229.       Initiation of removal proceedings.                    
    1229a.      Removal proceedings.                                  
    1229b.      Cancellation of removal; adjustment of status.        
    1229c.      Voluntary departure.                                  
    1230.       Records of admission.                                 
    1231.       Detention and removal of aliens ordered removed.      

                 PART V - ADJUSTMENT AND CHANGE OF STATUS             
    1251.       Transferred.                                          
    1251a.      Repealed.                                             
    1252.       Judicial review of orders of removal.                 
    1252a, 1252b. Transferred or Repealed.                            
    1252c.      Authorizing State and local law enforcement officials
                 to arrest and detain certain illegal aliens.         
    1253.       Penalties related to removal.                         
    1254.       Repealed.                                             
    1254a.      Temporary protected status.                           
    1255.       Adjustment of status of nonimmigrant to that of person
                 admitted for permanent residence.                    
    1255a.      Adjustment of status of certain entrants before
                 January 1, 1982, to that of person admitted for
                 lawful residence.                                    
    1255b.      Adjustment of status of certain nonimmigrants to that
                 of persons admitted for permanent residence.         
    1256.       Rescission of adjustment of status; effect upon
                 naturalized citizen.                                 
    1257.       Adjustment of status of certain resident aliens to
                 nonimmigrant status; exceptions.                     
    1258.       Change of nonimmigrant classification.                
    1259.       Record of admission for permanent residence in the
                 case of certain aliens who entered the United States
                 prior to January 1, 1972.                            
    1260.       Removal of aliens falling into distress.              

          PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN      
    1281.       Alien crewmen.                                        
    1282.       Conditional permits to land temporarily.              
    1283.       Hospital treatment of alien crewmen afflicted with
                 certain diseases.                                    
    1284.       Control of alien crewmen.                             
    1285.       Employment on passenger vessels of aliens afflicted
                 with certain disabilities.                           
    1286.       Discharge of alien crewmen; penalties.                
    1287.       Alien crewmen brought into the United States with
                 intent to evade immigration laws; penalties.         
    1288.       Limitations on performance of longshore work by alien
                 crewmen.                                             

                     PART VII - REGISTRATION OF ALIENS                 
    1301.       Alien seeking entry; contents.                        
    1302.       Registration of aliens.                               
    1303.       Registration of special groups.                       
    1304.       Forms for registration and fingerprinting.            
    1305.       Notices of change of address.                         
    1306.       Penalties.                                            

                  PART VIII - GENERAL PENALTY PROVISIONS              
    1321.       Prevention of unauthorized landing of aliens.         
    1322.       Bringing in aliens subject to denial of admission on a
                 health-related ground; persons liable; clearance
                 papers; exceptions; "person" defined.                
    1323.       Unlawful bringing of aliens into United States.       
    1324.       Bringing in and harboring certain aliens.             
    1324a.      Unlawful employment of aliens.                        
    1324b.      Unfair immigration-related employment practices.      
    1324c.      Penalties for document fraud.                         
    1324d.      Civil penalties for failure to depart.                
    1325.       Improper entry by alien.                              
    1326.       Reentry of removed aliens.                            
    1327.       Aiding or assisting certain aliens to enter.          
    1328.       Importation of alien for immoral purpose.             
    1329.       Jurisdiction of district courts.                      
    1330.       Collection of penalties and expenses.                 

                          PART IX - MISCELLANEOUS                      
    1351.       Nonimmigrant visa fees.                               
    1352.       Printing of reentry permits and blank forms of
                 manifest and crew lists; sale to public.             
    1353.       Travel expenses and expense of transporting remains of
                 officers and employees dying outside of United
                 States.                                              
    1353a.      Officers and employees; overtime services; extra
                 compensation; length of working day.                 
    1353b.      Extra compensation; payment.                          
    1353c.      Immigration officials; service in foreign contiguous
                 territory.                                           
    1353d.      Disposition of money received as extra compensation.  
    1354.       Applicability to members of the Armed Forces.         
    1355.       Disposal of privileges at immigrant stations; rentals;
                 retail sale; disposition of receipts.                
    1356.       Disposition of moneys collected under the provisions
                 of this subchapter.                                  
    1357.       Powers of immigration officers and employees.         
    1358.       Local jurisdiction over immigrant stations.           
    1359.       Application to American Indians born in Canada.       
    1360.       Establishment of central file; information from other
                 departments and agencies.                            
    1361.       Burden of proof upon alien.                           
    1362.       Right to counsel.                                     
    1363.       Deposit of and interest on cash received to secure
                 immigration bonds.                                   
    1363a.      Undercover investigation authority.                   
    1363b.      Repealed                                              
    1364.       Triennial comprehensive report on immigration.        
    1365.       Reimbursement of States for costs of incarcerating
                 illegal aliens and certain Cuban nationals.          
    1365a.      Integrated entry and exit data system.                
    1365b.      Biometric entry and exit data system.                 
    1366.       Annual report on criminal aliens.                     
    1367.       Penalties for disclosure of information.              
    1368.       Increase in INS detention facilities; report on
                 detention space.                                     
    1369.       Treatment of expenses subject to emergency medical
                 services exception.                                  
    1370.       Reimbursement of States and localities for emergency
                 ambulance services.                                  
    1371.       Reports.                                              
    1372.       Program to collect information relating to
                 nonimmigrant foreign students and other exchange
                 program participants.                                
    1373.       Communication between government agencies and the
                 Immigration and Naturalization Service.              
    1374.       Information regarding female genital mutilation.      
    1375.       Repealed.                                             
    1375a.      Domestic violence information and resources for
                 immigrants and regulation of international marriage
                 brokers.                                             
    1376.       Data on nonimmigrant overstay rates.                  
    1377.       Collection of data on detained asylum seekers.        
    1378.       Collection of data on other detained aliens.          
    1379.       Technology standard to confirm identity.              
    1380.       Maintenance of statistics by the Department of
                 Homeland Security.                                   
    1381.       Secretary of Labor report.                            

              SUBCHAPTER III - NATIONALITY AND NATURALIZATION          

        PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION    
    1401.       Nationals and citizens of United States at birth.     
    1401a.      Birth abroad before 1952 to service parent.           
    1401b.      Repealed.                                             
    1402.       Persons born in Puerto Rico on or after April 11,
                 1899.                                                
    1403.       Persons born in the Canal Zone or Republic of Panama
                 on or after February 26, 1904.                       
    1404.       Persons born in Alaska on or after March 30, 1867.    
    1405.       Persons born in Hawaii.                               
    1406.       Persons living in and born in the Virgin Islands.     
    1407.       Persons living in and born in Guam.                   
    1408.       Nationals but not citizens of the United States at
                 birth.                                               
    1409.       Children born out of wedlock.                         

               PART II - NATIONALITY THROUGH NATURALIZATION           
    1421.       Naturalization authority.                             
    1422.       Eligibility for naturalization.                       
    1423.       Requirements as to understanding the English language,
                 history, principles and form of government of the
                 United States.                                       
    1424.       Prohibition upon the naturalization of persons opposed
                 to government or law, or who favor totalitarian forms
                 of government.                                       
    1425.       Ineligibility to naturalization of deserters from the
                 Armed Forces.                                        
    1426.       Citizenship denied alien relieved of service in Armed
                 Forces because of alienage.                          
    1427.       Requirements of naturalization.                       
    1428.       Temporary absence of persons performing religious
                 duties.                                              
    1429.       Prerequisite to naturalization; burden of proof.      
    1430.       Married persons and employees of certain nonprofit
                 organizations.                                       
    1431.       Children born outside the United States and residing
                 permanently in the United States; conditions under
                 which citizenship automatically acquired.            
    1432.       Repealed.                                             
    1433.       Children born and residing outside the United States;
                 conditions for acquiring certificate of citizenship. 
    1434.       Repealed.                                             
    1435.       Former citizens regaining citizenship.                
    1436.       Nationals but not citizens; residence within outlying
                 possessions.                                         
    1437.       Resident Philippine citizens excepted from certain
                 requirements.                                        
    1438.       Former citizens losing citizenship by entering armed
                 forces of foreign countries during World War II.     
    1439.       Naturalization through service in the armed forces.   
    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.                                
    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.                                         
    1440a to 1440d. Omitted.                                          
    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.                                             
    1441.       Constructive residence through service on certain
                 United States vessels.                               
    1442.       Alien enemies.                                        
    1443.       Administration.                                       
    1443a.      Naturalization proceedings overseas for members of the
                 Armed Forces.                                        
    1444.       Photographs; number.                                  
    1445.       Application for naturalization; declaration of
                 intention.                                           
    1446.       Investigation of applicants; examination of
                 applications.                                        
    1447.       Hearings on denials of applications for
                 naturalization.                                      
    1448.       Oath of renunciation and allegiance.                  
    1448a.      Address to newly naturalized citizens.                
    1449.       Certificate of naturalization; contents.              
    1450.       Functions and duties of clerks and records of
                 declarations of intention and applications for
                 naturalization.                                      
    1451.       Revocation of naturalization.                         
    1452.       Certificates of citizenship or U.S. non-citizen
                 national status; procedure.                          
    1453.       Cancellation of certificates issued by Attorney
                 General, the Commissioner or a Deputy Commissioner;
                 action not to affect citizenship status.             
    1454.       Documents and copies issued by Attorney General.      
    1455.       Fiscal provisions.                                    
    1456.       Repealed.                                             
    1457.       Publication and distribution of citizenship textbooks;
                 use of naturalization fees.                          
    1458.       Compilation of naturalization statistics and payment
                 for equipment.                                       
    1459.       Repealed.                                             

                      PART III - LOSS OF NATIONALITY                  
    1481.       Loss of nationality by native-born or naturalized
                 citizen; voluntary action; burden of proof;
                 presumptions.                                        
    1482.       Repealed.                                             
    1483.       Restrictions on loss of nationality.                  
    1484 to 1487. Repealed.                                           
    1488.       Nationality lost solely from performance of acts or
                 fulfillment of conditions.                           
    1489.       Application of treaties; exceptions.                  

                          PART IV - MISCELLANEOUS                      
    1501.       Certificate of diplomatic or consular officer of
                 United States as to loss of American nationality.    
    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.    
    1503.       Denial of rights and privileges as national.          
    1504.       Cancellation of United States passports and Consular
                 Reports of Birth.                                    

                    SUBCHAPTER IV - REFUGEE ASSISTANCE                
    1521.       Office of Refugee Resettlement; establishment;
                 appointment of Director; functions.                  
    1522.       Authorization for programs for domestic resettlement
                 of and assistance to refugees.                       
    1523.       Congressional reports.                                
    1524.       Authorization of appropriations.                      
    1525.       Repealed.                                             

             SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES         
    1531.       Definitions.                                          
    1532.       Establishment of removal court.                       
    1533.       Removal court procedure.                              
    1534.       Removal hearing.                                      
    1535.       Appeals.                                              
    1536.       Custody and release pending removal hearing.          
    1537.       Custody and release after removal hearing.            

-End-

-CITE-
    8 USC SUBCHAPTER I - GENERAL PROVISIONS                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-

-CITE-
    8 USC Sec. 1101                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1101. Definitions

-STATUTE-
      (a) As used in this chapter - 
      (1) The term "administrator" means the official designated by the
    Secretary of State pursuant to section 1104(b) of this title.
      (2) The term "advocates" includes, but is not limited to,
    advises, recommends, furthers by overt act, and admits belief in.
      (3) The term "alien" means any person not a citizen or national
    of the United States.
      (4) The term "application for admission" has reference to the
    application for admission into the United States and not to the
    application for the issuance of an immigrant or nonimmigrant visa.
      (5) The term "Attorney General" means the Attorney General of the
    United States.
      (6) The term "border crossing identification card" means a
    document of identity bearing that designation issued to an alien
    who is lawfully admitted for permanent residence, or to an alien
    who is a resident in foreign contiguous territory, by a consular
    officer or an immigration officer for the purpose of crossing over
    the borders between the United States and foreign contiguous
    territory in accordance with such conditions for its issuance and
    use as may be prescribed by regulations. Such regulations shall
    provide that (A) each such document include a biometric identifier
    (such as the fingerprint or handprint of the alien) that is machine
    readable and (B) an alien presenting a border crossing
    identification card is not permitted to cross over the border into
    the United States unless the biometric identifier contained on the
    card matches the appropriate biometric characteristic of the alien.
      (7) The term "clerk of court" means a clerk of a naturalization
    court.
      (8) The terms "Commissioner" and "Deputy Commissioner" mean the
    Commissioner of Immigration and Naturalization and a Deputy
    Commissioner of Immigration and Naturalization, respectively.
      (9) The term "consular officer" means any consular, diplomatic,
    or other officer or employee of the United States designated under
    regulations prescribed under authority contained in this chapter,
    for the purpose of issuing immigrant or nonimmigrant visas or, when
    used in subchapter III of this chapter, for the purpose of
    adjudicating nationality.
      (10) The term "crewman" means a person serving in any capacity on
    board a vessel or aircraft.
      (11) The term "diplomatic visa" means a nonimmigrant visa bearing
    that title and issued to a nonimmigrant in accordance with such
    regulations as the Secretary of State may prescribe.
      (12) The term "doctrine" includes, but is not limited to,
    policies, practices, purposes, aims, or procedures.
      (13)(A) The terms "admission" and "admitted" mean, with respect
    to an alien, the lawful entry of the alien into the United States
    after inspection and authorization by an immigration officer.
      (B) An alien who is paroled under section 1182(d)(5) of this
    title or permitted to land temporarily as an alien crewman shall
    not be considered to have been admitted.
      (C) An alien lawfully admitted for permanent residence in the
    United States shall not be regarded as seeking an admission into
    the United States for purposes of the immigration laws unless the
    alien - 
        (i) has abandoned or relinquished that status,
        (ii) has been absent from the United States for a continuous
      period in excess of 180 days,
        (iii) has engaged in illegal activity after having departed the
      United States,
        (iv) has departed from the United States while under legal
      process seeking removal of the alien from the United States,
      including removal proceedings under this chapter and extradition
      proceedings,
        (v) has committed an offense identified in section 1182(a)(2)
      of this title, unless since such offense the alien has been
      granted relief under section 1182(h) or 1229b(a) of this title,
      or
        (vi) is attempting to enter at a time or place other than as
      designated by immigration officers or has not been admitted to
      the United States after inspection and authorization by an
      immigration officer.

      (14) The term "foreign state" includes outlying possessions of a
    foreign state, but self-governing dominions or territories under
    mandate or trusteeship shall be regarded as separate foreign
    states.
      (15) The term "immigrant" means every alien except an alien who
    is within one of the following classes of nonimmigrant aliens - 
        (A)(i) an ambassador, public minister, or career diplomatic or
      consular officer who has been accredited by a foreign government,
      recognized de jure by the United States and who is accepted by
      the President or by the Secretary of State, and the members of
      the alien's immediate family;
        (ii) upon a basis of reciprocity, other officials and employees
      who have been accredited by a foreign government recognized de
      jure by the United States, who are accepted by the Secretary of
      State, and the members of their immediate families; and
        (iii) upon a basis of reciprocity, attendants, servants,
      personal employees, and members of their immediate families, of
      the officials and employees who have a nonimmigrant status under
      (i) and (ii) above;
        (B) an alien (other than one coming for the purpose of study or
      of performing skilled or unskilled labor or as a representative
      of foreign press, radio, film, or other foreign information media
      coming to engage in such vocation) having a residence in a
      foreign country which he has no intention of abandoning and who
      is visiting the United States temporarily for business or
      temporarily for pleasure;
        (C) an alien in immediate and continuous transit through the
      United States, or an alien who qualifies as a person entitled to
      pass in transit to and from the United Nations Headquarters
      District and foreign countries, under the provisions of
      paragraphs (3), (4), and (5) of section 11 of the Headquarters
      Agreement with the United Nations (61 Stat. 758);
        (D)(i) an alien crewman serving in good faith as such in a
      capacity required for normal operation and service on board a
      vessel, as defined in section 1288(a) of this title (other than a
      fishing vessel having its home port or an operating base in the
      United States), or aircraft, who intends to land temporarily and
      solely in pursuit of his calling as a crewman and to depart from
      the United States with the vessel or aircraft on which he arrived
      or some other vessel or aircraft;
        (ii) an alien crewman serving in good faith as such in any
      capacity required for normal operations and service aboard a
      fishing vessel having its home port or an operating base in the
      United States who intends to land temporarily in Guam and solely
      in pursuit of his calling as a crewman and to depart from Guam
      with the vessel on which he arrived;
        (E) an alien entitled to enter the United States under and in
      pursuance of the provisions of a treaty of commerce and
      navigation between the United States and the foreign state of
      which he is a national, and the spouse and children of any such
      alien if accompanying or following to join him; (i) solely to
      carry on substantial trade, including trade in services or trade
      in technology, principally between the United States and the
      foreign state of which he is a national; (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; or (iii)
      solely to perform services in a specialty occupation in the
      United States if the alien is a national of the Commonwealth of
      Australia and with respect to whom the Secretary of Labor
      determines and certifies to the Secretary of Homeland Security
      and the Secretary of State that the intending employer has filed
      with the Secretary of Labor an attestation under section
      1182(t)(1) of this title;
        (F)(i) an alien having a residence in a foreign country which
      he has no intention of abandoning, who is a bona fide student
      qualified to pursue a full course of study and who seeks to enter
      the United States temporarily and solely for the purpose of
      pursuing such a course of study consistent with section 1184(l)
      (!1) of this title at an established college, university,
      seminary, conservatory, academic high school, elementary school,
      or other academic institution or in a language training program
      in the United States, particularly designated by him and approved
      by the Attorney General after consultation with the Secretary of
      Education, which institution or place of study shall have agreed
      to report to the Attorney General the termination of attendance
      of each nonimmigrant student, and if any such institution of
      learning or place of study fails to make reports promptly the
      approval shall be withdrawn, (ii) the alien spouse and minor
      children of any alien described in clause (i) if accompanying or
      following to join such an alien, and (iii) an alien who is a
      national of Canada or Mexico, who maintains actual residence and
      place of abode in the country of nationality, who is described in
      clause (i) except that the alien's qualifications for and actual
      course of study may be full or part-time, and who commutes to the
      United States institution or place of study from Canada or
      Mexico;

        (G)(i) a designated principal resident representative of a
      foreign government recognized de jure by the United States, which
      foreign government is a member of an international organization
      entitled to enjoy privileges, exemptions, and immunities as an
      international organization under the International Organizations
      Immunities Act (59 Stat. 669) [22 U.S.C. 288 et seq.], accredited
      resident members of the staff of such representatives, and
      members of his or their immediate family;
        (ii) other accredited representatives of such a foreign
      government to such international organizations, and the members
      of their immediate families;
        (iii) an alien able to qualify under (i) or (ii) above except
      for the fact that the government of which such alien is an
      accredited representative is not recognized de jure by the United
      States, or that the government of which he is an accredited
      representative is not a member of such international
      organization; and the members of his immediate family;
        (iv) officers, or employees of such international
      organizations, and the members of their immediate families;
        (v) attendants, servants, and personal employees of any such
      representative, officer, or employee, and the members of the
      immediate families of such attendants, servants, and personal
      employees;
        (H) an alien (i) [(a) Repealed. Pub. L. 106-95, Sec. 2(c), Nov.
      12, 1999, 113 Stat. 1316] (b) subject to section 1182(j)(2) of
      this title, who is coming temporarily to the United States to
      perform services (other than services described in subclause (a)
      during the period in which such subclause applies and other than
      services described in subclause (ii)(a) or in subparagraph (O) or
      (P)) in a specialty occupation described in section 1184(i)(1) of
      this title or as a fashion model, who meets the requirements for
      the occupation specified in section 1184(i)(2) of this title or,
      in the case of a fashion model, is of distinguished merit and
      ability, and with respect to whom the Secretary of Labor
      determines and certifies to the Attorney General that the
      intending employer has filed with the Secretary an application
      under section 1182(n)(1) of this title, or (b1) who is entitled
      to enter the United States under and in pursuance of the
      provisions of an agreement listed in section 1184(g)(8)(A) of
      this title, who is engaged in a specialty occupation described in
      section 1184(i)(3) of this title, and with respect to whom the
      Secretary of Labor determines and certifies to the Secretary of
      Homeland Security and the Secretary of State that the intending
      employer has filed with the Secretary of Labor an attestation
      under section 1182(t)(1) of this title, or (c) who is coming
      temporarily to the United States to perform services as a
      registered nurse, who meets the qualifications described in
      section 1182(m)(1) of this title, and with respect to whom the
      Secretary of Labor determines and certifies to the Attorney
      General that an unexpired attestation is on file and in effect
      under section 1182(m)(2) of this title for the facility (as
      defined in section 1182(m)(6) of this title) for which the alien
      will perform the services; or (ii)(a) having a residence in a
      foreign country which he has no intention of abandoning who is
      coming temporarily to the United States to perform agricultural
      labor or services, as defined by the Secretary of Labor in
      regulations and including agricultural labor defined in section
      3121(g) of title 26, agriculture as defined in section 203(f) of
      title 29, and the pressing of apples for cider on a farm, of a
      temporary or seasonal nature, or (b) having a residence in a
      foreign country which he has no intention of abandoning who is
      coming temporarily to the United States to perform other
      temporary service or labor if unemployed persons capable of
      performing such service or labor cannot be found in this country,
      but this clause shall not apply to graduates of medical schools
      coming to the United States to perform services as members of the
      medical profession; or (iii) having a residence in a foreign
      country which he has no intention of abandoning who is coming
      temporarily to the United States as a trainee, other than to
      receive graduate medical education or training, in a training
      program that is not designed primarily to provide productive
      employment; and the alien spouse and minor children of any such
      alien specified in this paragraph if accompanying him or
      following to join him;
        (I) upon a basis of reciprocity, an alien who is a bona fide
      representative of foreign press, radio, film, or other foreign
      information media, who seeks to enter the United States solely to
      engage in such vocation, and the spouse and children of such a
      representative, if accompanying or following to join him;
        (J) an alien having a residence in a foreign country which he
      has no intention of abandoning who is a bona fide student,
      scholar, trainee, teacher, professor, research assistant,
      specialist, or leader in a field of specialized knowledge or
      skill, or other person of similar description, who is coming
      temporarily to the United States as a participant in a program
      designated by the Director of the United States Information
      Agency, for the purpose of teaching, instructing or lecturing,
      studying, observing, conducting research, consulting,
      demonstrating special skills, or receiving training and who, if
      he is coming to the United States to participate in a program
      under which he will receive graduate medical education or
      training, also meets the requirements of section 1182(j) of this
      title, and the alien spouse and minor children of any such alien
      if accompanying him or following to join him;
        (K) subject to subsections (d) and (p) (!2) of section 1184 of
      this title, an alien who - 

          (i) is the fiance&233;e or fiance&233; of a citizen of the
        United States (other than a citizen described in section
        1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter
        the United States solely to conclude a valid marriage with the
        petitioner within ninety days after admission;
          (ii) has concluded a valid marriage with a citizen of the
        United States (other than a citizen described in section
        1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is
        the beneficiary of a petition to accord a status under section
        1151(b)(2)(A)(i) of this title that was filed under section
        1154 of this title by the petitioner, and seeks to enter the
        United States to await the approval of such petition and the
        availability to the alien of an immigrant visa; or
          (iii) is the minor child of an alien described in clause (i)
        or (ii) and is accompanying, or following to join, the alien;

        (L) subject to section 1184(c)(2) of this title, an alien who,
      within 3 years preceding the time of his application for
      admission into the United States, has been employed continuously
      for one year by a firm or corporation or other legal entity or an
      affiliate or subsidiary thereof and who seeks to enter the United
      States temporarily in order to continue to render his services to
      the same employer or a subsidiary or affiliate thereof in a
      capacity that is managerial, executive, or involves specialized
      knowledge, and the alien spouse and minor children of any such
      alien if accompanying him or following to join him;
        (M)(i) an alien having a residence in a foreign country which
      he has no intention of abandoning who seeks to enter the United
      States temporarily and solely for the purpose of pursuing a full
      course of study at an established vocational or other recognized
      nonacademic institution (other than in a language training
      program) in the United States particularly designated by him and
      approved by the Attorney General, after consultation with the
      Secretary of Education, which institution shall have agreed to
      report to the Attorney General the termination of attendance of
      each nonimmigrant nonacademic student and if any such institution
      fails to make reports promptly the approval shall be withdrawn,
      (ii) the alien spouse and minor children of any alien described
      in clause (i) if accompanying or following to join such an alien,
      and (iii) an alien who is a national of Canada or Mexico, who
      maintains actual residence and place of abode in the country of
      nationality, who is described in clause (i) except that the
      alien's course of study may be full or part-time, and who
      commutes to the United States institution or place of study from
      Canada or Mexico;
        (N)(i) the parent of an alien accorded the status of special
      immigrant under paragraph (27)(I)(i) (or under analogous
      authority under paragraph (27)(L)), but only if and while the
      alien is a child, or
        (ii) a child of such parent or of an alien accorded the status
      of a special immigrant under clause (ii), (iii), or (iv) of
      paragraph (27)(I) (or under analogous authority under paragraph
      (27)(L));
        (O) an alien who - 
          (i) has extraordinary ability in the sciences, arts,
        education, business, or athletics which has been demonstrated
        by sustained national or international acclaim or, with regard
        to motion picture and television productions a demonstrated
        record of extraordinary achievement, and whose achievements
        have been recognized in the field through extensive
        documentation, and seeks to enter the United States to continue
        work in the area of extraordinary ability; or
          (ii)(I) seeks to enter the United States temporarily and
        solely for the purpose of accompanying and assisting in the
        artistic or athletic performance by an alien who is admitted
        under clause (i) for a specific event or events,
          (II) is an integral part of such actual performance,
          (III)(a) has critical skills and experience with such alien
        which are not of a general nature and which cannot be performed
        by other individuals, or (b) in the case of a motion picture or
        television production, has skills and experience with such
        alien which are not of a general nature and which are critical
        either based on a pre-existing longstanding working
        relationship or, with respect to the specific production,
        because significant production (including pre- and post-
        production work) will take place both inside and outside the
        United States and the continuing participation of the alien is
        essential to the successful completion of the production, and
          (IV) has a foreign residence which the alien has no intention
        of abandoning; or
          (iii) is the alien spouse or child of an alien described in
        clause (i) or (ii) and is accompanying, or following to join,
        the alien;

        (P) an alien having a foreign residence which the alien has no
      intention of abandoning who - 
          (i)(a) is described in section 1184(c)(4)(A) of this title
        (relating to athletes), or (b) is described in section
        1184(c)(4)(B) of this title (relating to entertainment groups);
          (ii)(I) performs as an artist or entertainer, individually or
        as part of a group, or is an integral part of the performance
        of such a group, and
          (II) seeks to enter the United States temporarily and solely
        for the purpose of performing as such an artist or entertainer
        or with such a group under a reciprocal exchange program which
        is between an organization or organizations in the United
        States and an organization or organizations in one or more
        foreign states and which provides for the temporary exchange of
        artists and entertainers, or groups of artists and
        entertainers;
          (iii)(I) performs as an artist or entertainer, individually
        or as part of a group, or is an integral part of the
        performance of such a group, and
          (II) seeks to enter the United States temporarily and solely
        to perform, teach, or coach as such an artist or entertainer or
        with such a group under a commercial or noncommercial program
        that is culturally unique; or
          (iv) is the spouse or child of an alien described in clause
        (i), (ii), or (iii) and is accompanying, or following to join,
        the alien;

        (Q)(i) an alien having a residence in a foreign country which
      he has no intention of abandoning who is coming temporarily (for
      a period not to exceed 15 months) to the United States as a
      participant in an international cultural exchange program
      approved by the Secretary of Homeland Security for the purpose of
      providing practical training, employment, and the sharing of the
      history, culture, and traditions of the country of the alien's
      nationality and who will be employed under the same wages and
      working conditions as domestic workers; or (ii)(I) an alien
      citizen of the United Kingdom or the Republic of Ireland, 21 to
      35 years of age, unemployed for not less than 12 months, and
      having a residence for not less than 18 months in Northern
      Ireland, or the counties of Louth, Monaghan, Cavan, Leitrim,
      Sligo, and Donegal within the Republic of Ireland, which the
      alien has no intention of abandoning who is coming temporarily
      (for a period not to exceed 24 months) to the United States as a
      participant in a cultural and training program approved by the
      Secretary of State and the Secretary of Homeland Security under
      section 2(a) of the Irish Peace Process Cultural and Training
      Program Act of 1998 for the purpose of providing practical
      training, employment, and the experience of coexistence and
      conflict resolution in a diverse society, and (II) the alien
      spouse and minor children of any such alien if accompanying the
      alien or following to join the alien;
        (R) an alien, and the spouse and children of the alien if
      accompanying or following to join the alien, who - 
          (i) for the 2 years immediately preceding the time of
        application for admission, has been a member of a religious
        denomination having a bona fide nonprofit, religious
        organization in the United States; and
          (ii) seeks to enter the United States for a period not to
        exceed 5 years to perform the work described in subclause (I),
        (II), or (III) of paragraph (27)(C)(ii);

        (S) subject to section 1184(k) of this title, an alien - 
          (i) who the Attorney General determines - 
            (I) is in possession of critical reliable information
          concerning a criminal organization or enterprise;
            (II) is willing to supply or has supplied such information
          to Federal or State law enforcement authorities or a Federal
          or State court; and
            (III) whose presence in the United States the Attorney
          General determines is essential to the success of an
          authorized criminal investigation or the successful
          prosecution of an individual involved in the criminal
          organization or enterprise; or

          (ii) who the Secretary of State and the Attorney General
        jointly determine - 
            (I) is in possession of critical reliable information
          concerning a terrorist organization, enterprise, or
          operation;
            (II) is willing to supply or has supplied such information
          to Federal law enforcement authorities or a Federal court;
            (III) will be or has been placed in danger as a result of
          providing such information; and
            (IV) is eligible to receive a reward under section 2708(a)
          of title 22,

      and, if the Attorney General (or with respect to clause (ii), the
      Secretary of State and the Attorney General jointly) considers it
      to be appropriate, the spouse, married and unmarried sons and
      daughters, and parents of an alien described in clause (i) or
      (ii) if accompanying, or following to join, the alien;
        (T)(i) subject to section 1184(o) of this title, an alien who
      the Secretary of Homeland Security, or in the case of subclause
      (III)(aa) the Secretary of Homeland Security and the Attorney
      General jointly; determines -  (!3)

          (I) is or has been a victim of a severe form of trafficking
        in persons, as defined in section 7102 of title 22,
          (II) is physically present in the United States, American
        Samoa, or the Commonwealth of the Northern Mariana Islands, or
        at a port of entry thereto, on account of such trafficking,
          (III)(aa) has complied with any reasonable request for
        assistance in the Federal, State, or local investigation or
        prosecution of acts of trafficking or the investigation of
        crime where acts of trafficking are at least one central reason
        for the commission of that crime; or
          (bb) has not attained 18 years of age, and
          (IV) the alien would suffer extreme hardship involving
        unusual and severe harm upon removal;

        (ii) if accompanying, or following to join, the alien described
      in clause (i) - 
          (I) in the case of an alien described in clause (i) who is
        under 21 years of age, the spouse, children, unmarried siblings
        under 18 years of age on the date on which such alien applied
        for status under such clause, and parents of such alien; or
          (II) in the case of an alien described in clause (i) who is
        21 years of age or older, the spouse and children of such
        alien; and

        (iii) if the Secretary of Homeland Security, in his or her
      discretion and with the consultation of the Attorney General,
      determines that a trafficking victim, due to psychological or
      physical trauma, is unable to cooperate with a request for
      assistance described in clause (i)(III)(aa), the request is
      unreasonable.
        (U)(i) subject to section 1184(p) of this title, an alien who
      files a petition for status under this subparagraph, if the
      Secretary of Homeland Security determines that - 
          (I) the alien has suffered substantial physical or mental
        abuse as a result of having been a victim of criminal activity
        described in clause (iii);
          (II) the alien (or in the case of an alien child under the
        age of 16, the parent, guardian, or next friend of the alien)
        possesses information concerning criminal activity described in
        clause (iii);
          (III) the alien (or in the case of an alien child under the
        age of 16, the parent, guardian, or next friend of the alien)
        has been helpful, is being helpful, or is likely to be helpful
        to a Federal, State, or local law enforcement official, to a
        Federal, State, or local prosecutor, to a Federal or State
        judge, to the Service, or to other Federal, State, or local
        authorities investigating or prosecuting criminal activity
        described in clause (iii); and
          (IV) the criminal activity described in clause (iii) violated
        the laws of the United States or occurred in the United States
        (including in Indian country and military installations) or the
        territories and possessions of the United States;

        (ii) if accompanying, or following to join, the alien described
      in clause (i) - 
          (I) in the case of an alien described in clause (i) who is
        under 21 years of age, the spouse, children, unmarried siblings
        under 18 years of age on the date on which such alien applied
        for status under such clause, and parents of such alien; or
          (II) in the case of an alien described in clause (i) who is
        21 years of age or older, the spouse and children of such
        alien; and

        (iii) the criminal activity referred to in this clause is that
      involving one or more of the following or any similar activity in
      violation of Federal, State, or local criminal law: rape;
      torture; trafficking; incest; domestic violence; sexual assault;
      abusive sexual contact; prostitution; sexual exploitation; female
      genital mutilation; being held hostage; peonage; involuntary
      servitude; slave trade; kidnapping; abduction; unlawful criminal
      restraint; false imprisonment; blackmail; extortion;
      manslaughter; murder; felonious assault; witness tampering;
      obstruction of justice; perjury; or attempt, conspiracy, or
      solicitation to commit any of the above mentioned crimes; or
        (V) subject to section 1184(q) of this title, an alien who is
      the beneficiary (including a child of the principal alien, if
      eligible to receive a visa under section 1153(d) of this title)
      of a petition to accord a status under section 1153(a)(2)(A) of
      this title that was filed with the Attorney General under section
      1154 of this title on or before December 21, 2000, if - 
          (i) such petition has been pending for 3 years or more; or
          (ii) such petition has been approved, 3 years or more have
        elapsed since such filing date, and - 
            (I) an immigrant visa is not immediately available to the
          alien because of a waiting list of applicants for visas under
          section 1153(a)(2)(A) of this title; or
            (II) the alien's application for an immigrant visa, or the
          alien's application for adjustment of status under section
          1255 of this title, pursuant to the approval of such
          petition, remains pending.

      (16) The term "immigrant visa" means an immigrant visa required
    by this chapter and properly issued by a consular officer at his
    office outside of the United States to an eligible immigrant under
    the provisions of this chapter.
      (17) The term "immigration laws" includes this chapter and all
    laws, conventions, and treaties of the United States relating to
    the immigration, exclusion, deportation, expulsion, or removal of
    aliens.
      (18) The term "immigration officer" means any employee or class
    of employees of the Service or of the United States designated by
    the Attorney General, individually or by regulation, to perform the
    functions of an immigration officer specified by this chapter or
    any section of this title.
      (19) The term "ineligible to citizenship," when used in reference
    to any individual, means, notwithstanding the provisions of any
    treaty relating to military service, an individual who is, or was
    at any time permanently debarred from becoming a citizen of the
    United States under section 3(a) of the Selective Training and
    Service Act of 1940, as amended (54 Stat. 885; 55 Stat. 844), or
    under section 4(a) of the Selective Service Act of 1948, as amended
    (62 Stat. 605; 65 Stat. 76) [50 U.S.C. App. 454(a)], or under any
    section of this chapter, or any other Act, or under any law
    amendatory of, supplementary to, or in substitution for, any of
    such sections or Acts.
      (20) The term "lawfully admitted for permanent residence" means
    the status of having been lawfully accorded the privilege of
    residing permanently in the United States as an immigrant in
    accordance with the immigration laws, such status not having
    changed.
      (21) The term "national" means a person owing permanent
    allegiance to a state.
      (22) The term "national of the United States" means (A) a citizen
    of the United States, or (B) a person who, though not a citizen of
    the United States, owes permanent allegiance to the United States.
      (23) The term "naturalization" means the conferring of
    nationality of a state upon a person after birth, by any means
    whatsoever.
      (24) Repealed. Pub. L. 102-232, title III, Sec. 305(m)(1), Dec.
    12, 1991, 105 Stat. 1750.
      (25) The term "noncombatant service" shall not include service in
    which the individual is not subject to military discipline, court
    martial, or does not wear the uniform of any branch of the armed
    forces.
      (26) The term "nonimmigrant visa" means a visa properly issued to
    an alien as an eligible nonimmigrant by a competent officer as
    provided in this chapter.
      (27) The term "special immigrant" means - 
        (A) an immigrant, lawfully admitted for permanent residence,
      who is returning from a temporary visit abroad;
        (B) an immigrant who was a citizen of the United States and
      may, under section 1435(a) or 1438 of this title, apply for
      reacquisition of citizenship;
        (C) an immigrant, and the immigrant's spouse and children if
      accompanying or following to join the immigrant, who - 
          (i) for at least 2 years immediately preceding the time of
        application for admission, has been a member of a religious
        denomination having a bona fide nonprofit, religious
        organization in the United States;
          (ii) seeks to enter the United States - 
            (I) solely for the purpose of carrying on the vocation of a
          minister of that religious denomination,
            (II) before October 1, 2008, 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, 2008, in order to work for the
          organization (or for a bona fide organization which is
          affiliated with the religious denomination and is exempt from
          taxation as an organization described in section 501(c)(3) of
          title 26) at the request of the organization in a religious
          vocation or occupation; and

          (iii) has been carrying on such vocation, professional work,
        or other work continuously for at least the 2-year period
        described in clause (i);

        (D) an immigrant who is an employee, or an honorably retired
      former employee, of the United States Government abroad, or of
      the American Institute in Taiwan, and who has performed faithful
      service for a total of fifteen years, or more, and his
      accompanying spouse and children: Provided, That the principal
      officer of a Foreign Service establishment (or, in the case of
      the American Institute in Taiwan, the Director thereof), in his
      discretion, shall have recommended the granting of special
      immigrant status to such alien in exceptional circumstances and
      the Secretary of State approves such recommendation and finds
      that it is in the national interest to grant such status;
        (E) an immigrant, and his accompanying spouse and children, who
      is or has been an employee of the Panama Canal Company or Canal
      Zone Government before the date on which the Panama Canal Treaty
      of 1977 (as described in section 3602(a)(1) of title 22) enters
      into force [October 1, 1979], who was resident in the Canal Zone
      on the effective date of the exchange of instruments of
      ratification of such Treaty [April 1, 1979], and who has
      performed faithful service as such an employee for one year or
      more;
        (F) an immigrant, and his accompanying spouse and children, who
      is a Panamanian national and (i) who, before the date on which
      such Panama Canal Treaty of 1977 enters into force [October 1,
      1979], has been honorably retired from United States Government
      employment in the Canal Zone with a total of 15 years or more of
      faithful service, or (ii) who, on the date on which such Treaty
      enters into force, has been employed by the United States
      Government in the Canal Zone with a total of 15 years or more of
      faithful service and who subsequently is honorably retired from
      such employment or continues to be employed by the United States
      Government in an area of the former Canal Zone;
        (G) an immigrant, and his accompanying spouse and children, who
      was an employee of the Panama Canal Company or Canal Zone
      Government on the effective date of the exchange of instruments
      of ratification of such Panama Canal Treaty of 1977 [April 1,
      1979], who has performed faithful service for five years or more
      as such an employee, and whose personal safety, or the personal
      safety of whose spouse or children, as a direct result of such
      Treaty, is reasonably placed in danger because of the special
      nature of any of that employment;
        (H) an immigrant, and his accompanying spouse and children, who
      - 
          (i) has graduated from a medical school or has qualified to
        practice medicine in a foreign state,
          (ii) was fully and permanently licensed to practice medicine
        in a State on January 9, 1978, and was practicing medicine in a
        State on that date,
          (iii) entered the United States as a nonimmigrant under
        subsection (a)(15)(H) or (a)(15)(J) of this section before
        January 10, 1978, and
          (iv) has been continuously present in the United States in
        the practice or study of medicine since the date of such entry;

        (I)(i) an immigrant who is the unmarried son or daughter of an
      officer or employee, or of a former officer or employee, of an
      international organization described in paragraph (15)(G)(i), and
      who (I) while maintaining the status of a nonimmigrant under
      paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
      physically present in the United States for periods totaling at
      least one-half of the seven years before the date of application
      for a visa or for adjustment of status to a status under this
      subparagraph and for a period or periods aggregating at least
      seven years between the ages of five and 21 years, and (II)
      applies for a visa or adjustment of status under this
      subparagraph no later than his twenty-fifth birthday or six
      months after October 24, 1988, whichever is later;
        (ii) an immigrant who is the surviving spouse of a deceased
      officer or employee of such an international organization, and
      who (I) while maintaining the status of a nonimmigrant under
      paragraph (15)(G)(iv) or paragraph (15)(N), has resided and been
      physically present in the United States for periods totaling at
      least one-half of the seven years before the date of application
      for a visa or for adjustment of status to a status under this
      subparagraph and for a period or periods aggregating at least 15
      years before the date of the death of such officer or employee,
      and (II) files a petition for status under this subparagraph no
      later than six months after the date of such death or six months
      after October 24, 1988, whichever is later;
        (iii) an immigrant who is a retired officer or employee of such
      an international organization, and who (I) while maintaining the
      status of a nonimmigrant under paragraph (15)(G)(iv), has resided
      and been physically present in the United States for periods
      totaling at least one-half of the seven years before the date of
      application for a visa or for adjustment of status to a status
      under this subparagraph and for a period or periods aggregating
      at least 15 years before the date of the officer or employee's
      retirement from any such international organization, and (II)
      files a petition for status under this subparagraph no later than
      six months after the date of such retirement or six months after
      October 25, 1994, whichever is later; or
        (iv) an immigrant who is the spouse of a retired officer or
      employee accorded the status of special immigrant under clause
      (iii), accompanying or following to join such retired officer or
      employee as a member of his immediate family;
        (J) an immigrant who is present in the United States - 
          (i) who has been declared dependent on a juvenile court
        located in the United States or whom such a court has legally
        committed to, or placed under the custody of, an agency or
        department of a State and who has been deemed eligible by that
        court for long-term foster care due to abuse, neglect, or
        abandonment;
          (ii) for whom it has been determined in administrative or
        judicial proceedings that it would not be in the alien's best
        interest to be returned to the alien's or parent's previous
        country of nationality or country of last habitual residence;
        and
          (iii) in whose case the Attorney General expressly consents
        to the dependency order serving as a precondition to the grant
        of special immigrant juvenile status; except that - 
            (I) no juvenile court has jurisdiction to determine the
          custody status or placement of an alien in the actual or
          constructive custody of the Attorney General unless the
          Attorney General specifically consents to such jurisdiction;
          and
            (II) no natural parent or prior adoptive parent of any
          alien provided special immigrant status under this
          subparagraph shall thereafter, by virtue of such parentage,
          be accorded any right, privilege, or status under this
          chapter;

        (K) an immigrant who has served honorably on active duty in the
      Armed Forces of the United States after October 15, 1978, and
      after original lawful enlistment outside the United States (under
      a treaty or agreement in effect on October 1, 1991) for a period
      or periods aggregating - 
          (i) 12 years and who, if separated from such service, was
        never separated except under honorable conditions, or
          (ii) 6 years, in the case of an immigrant who is on active
        duty at the time of seeking special immigrant status under this
        subparagraph and who has reenlisted to incur a total active
        duty service obligation of at least 12 years,

      and the spouse or child of any such immigrant if accompanying or
      following to join the immigrant, but only if the executive
      department under which the immigrant serves or served recommends
      the granting of special immigrant status to the immigrant;
        (L) an immigrant who would be described in clause (i), (ii),
      (iii), or (iv) of subparagraph (I) if any reference in such a
      clause - 
          (i) to an international organization described in paragraph
        (15)(G)(i) were treated as a reference to the North Atlantic
        Treaty Organization (NATO);
          (ii) to a nonimmigrant under paragraph (15)(G)(iv) were
        treated as a reference to a nonimmigrant classifiable under
        NATO-6 (as a member of a civilian component accompanying a
        force entering in accordance with the provisions of the NATO
        Status-of-Forces Agreement, a member of a civilian component
        attached to or employed by an Allied Headquarters under the
        "Protocol on the Status of International Military Headquarters"
        set up pursuant to the North Atlantic Treaty, or as a
        dependent); and
          (iii) to the Immigration Technical Corrections Act of 1988 or
        to the Immigration and Nationality Technical Corrections Act of
        1994 were a reference to the American Competitiveness and
        Workforce Improvement Act of 1998 (!4)

        (M) subject to the numerical limitations of section 1153(b)(4)
      of this title, an immigrant who seeks to enter the United States
      to work as a broadcaster in the United States for the
      International Broadcasting Bureau of the Broadcasting Board of
      Governors, or for a grantee of the Broadcasting Board of
      Governors, and the immigrant's accompanying spouse and children.

      (28) The term "organization" means, but is not limited to, an
    organization, corporation, company, partnership, association,
    trust, foundation or fund; and includes a group of persons, whether
    or not incorporated, permanently or temporarily associated together
    with joint action on any subject or subjects.
      (29) The term "outlying possessions of the United States" means
    American Samoa and Swains Island.
      (30) The term "passport" means any travel document issued by
    competent authority showing the bearer's origin, identity, and
    nationality if any, which is valid for the admission of the bearer
    into a foreign country.
      (31) The term "permanent" means a relationship of continuing or
    lasting nature, as distinguished from temporary, but a relationship
    may be permanent even though it is one that may be dissolved
    eventually at the instance either of the United States or of the
    individual, in accordance with law.
      (32) The term "profession" shall include but not be limited to
    architects, engineers, lawyers, physicians, surgeons, and teachers
    in elementary or secondary schools, colleges, academies, or
    seminaries.
      (33) The term "residence" means the place of general abode; the
    place of general abode of a person means his principal, actual
    dwelling place in fact, without regard to intent.
      (34) The term "Service" means the Immigration and Naturalization
    Service of the Department of Justice.
      (35) The term "spouse", "wife", or "husband" do not include a
    spouse, wife, or husband by reason of any marriage ceremony where
    the contracting parties thereto are not physically present in the
    presence of each other, unless the marriage shall have been
    consummated.
      (36) The term "State" includes the District of Columbia, Puerto
    Rico, Guam, and the Virgin Islands of the United States.
      (37) The term "totalitarian party" means an organization which
    advocates the establishment in the United States of a totalitarian
    dictatorship or totalitarianism. The terms "totalitarian
    dictatorship" and "totalitarianism" mean and refer to systems of
    government not representative in fact, characterized by (A) the
    existence of a single political party, organized on a dictatorial
    basis, with so close an identity between such party and its
    policies and the governmental policies of the country in which it
    exists, that the party and the government constitute an
    indistinguishable unit, and (B) the forcible suppression of
    opposition to such party.
      (38) The term "United States", except as otherwise specifically
    herein provided, when used in a geographical sense, means the
    continental United States, Alaska, Hawaii, Puerto Rico, Guam, and
    the Virgin Islands of the United States.
      (39) The term "unmarried", when used in reference to any
    individual as of any time, means an individual who at such time is
    not married, whether or not previously married.
      (40) The term "world communism" means a revolutionary movement,
    the purpose of which is to establish eventually a Communist
    totalitarian dictatorship in any or all the countries of the world
    through the medium of an internationally coordinated Communist
    political movement.
      (41) The term "graduates of a medical school" means aliens who
    have graduated from a medical school or who have qualified to
    practice medicine in a foreign state, other than such aliens who
    are of national or international renown in the field of medicine.
      (42) The term "refugee" means (A) any person who is outside any
    country of such person's nationality or, in the case of a person
    having no nationality, is outside any country in which such person
    last habitually resided, and who is unable or unwilling to return
    to, and is unable or unwilling to avail himself or herself of the
    protection of, that country because of persecution or a well-
    founded fear of persecution on account of race, religion,
    nationality, membership in a particular social group, or political
    opinion, or (B) in such special circumstances as the President
    after appropriate consultation (as defined in section 1157(e) of
    this title) may specify, any person who is within the country of
    such person's nationality or, in the case of a person having no
    nationality, within the country in which such person is habitually
    residing, and who is persecuted or who has a well-founded fear of
    persecution on account of race, religion, nationality, membership
    in a particular social group, or political opinion. The term
    "refugee" does not include any person who ordered, incited,
    assisted, or otherwise participated in the persecution of any
    person on account of race, religion, nationality, membership in a
    particular social group, or political opinion. For purposes of
    determinations under this chapter, a person who has been forced to
    abort a pregnancy or to undergo involuntary sterilization, or who
    has been persecuted for failure or refusal to undergo such a
    procedure or for other resistance to a coercive population control
    program, shall be deemed to have been persecuted on account of
    political opinion, and a person who has a well founded fear that he
    or she will be forced to undergo such a procedure or subject to
    persecution for such failure, refusal, or resistance shall be
    deemed to have a well founded fear of persecution on account of
    political opinion.
      (43) The term "aggravated felony" means - 
        (A) murder, rape, or sexual abuse of a minor;
        (B) illicit trafficking in a controlled substance (as defined
      in section 802 of title 21), including a drug trafficking crime
      (as defined in section 924(c) of title 18);
        (C) illicit trafficking in firearms or destructive devices (as
      defined in section 921 of title 18) or in explosive materials (as
      defined in section 841(c) of that title);
        (D) an offense described in section 1956 of title 18 (relating
      to laundering of monetary instruments) or section 1957 of that
      title (relating to engaging in monetary transactions in property
      derived from specific unlawful activity) if the amount of the
      funds exceeded $10,000;
        (E) an offense described in - 
          (i) section 842(h) or (i) of title 18, or section 844(d),
        (e), (f), (g), (h), or (i) of that title (relating to explosive
        materials offenses);
          (ii) section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o),
        (p), or (r) or 924(b) or (h) of title 18 (relating to firearms
        offenses); or
          (iii) section 5861 of title 26 (relating to firearms
        offenses);

        (F) a crime of violence (as defined in section 16 of title 18,
      but not including a purely political offense) for which the term
      of imprisonment at (!5) least one year;

        (G) a theft offense (including receipt of stolen property) or
      burglary offense for which the term of imprisonment at (!5) least
      one year;
        (H) an offense described in section 875, 876, 877, or 1202 of
      title 18 (relating to the demand for or receipt of ransom);
        (I) an offense described in section 2251, 2251A, or 2252 of
      title 18 (relating to child pornography);
        (J) an offense described in section 1962 of title 18 (relating
      to racketeer influenced corrupt organizations), or an offense
      described in section 1084 (if it is a second or subsequent
      offense) or 1955 of that title (relating to gambling offenses),
      for which a sentence of one year imprisonment or more may be
      imposed;
        (K) an offense that - 
          (i) relates to the owning, controlling, managing, or
        supervising of a prostitution business;
          (ii) is described in section 2421, 2422, or 2423 of title 18
        (relating to transportation for the purpose of prostitution) if
        committed for commercial advantage; or
          (iii) is described in any of sections 1581-1585 or 1588-1591
        of title 18 (relating to peonage, slavery, involuntary
        servitude, and trafficking in persons);

        (L) an offense described in - 
          (i) section 793 (relating to gathering or transmitting
        national defense information), 798 (relating to disclosure of
        classified information), 2153 (relating to sabotage) or 2381 or
        2382 (relating to treason) of title 18;
          (ii) section 421 of title 50 (relating to protecting the
        identity of undercover intelligence agents); or
          (iii) section 421 of title 50 (relating to protecting the
        identity of undercover agents);

        (M) an offense that - 
          (i) involves fraud or deceit in which the loss to the victim
        or victims exceeds $10,000; or
          (ii) is described in section 7201 of title 26 (relating to
        tax evasion) in which the revenue loss to the Government
        exceeds $10,000;

        (N) an offense described in paragraph (1)(A) or (2) of section
      1324(a) of this title (relating to alien smuggling), except in
      the case of a first offense for which the alien has affirmatively
      shown that the alien committed the offense for the purpose of
      assisting, abetting, or aiding only the alien's spouse, child, or
      parent (and no other individual) to violate a provision of this
      chapter (!6)

        (O) an offense described in section 1325(a) or 1326 of this
      title committed by an alien who was previously deported on the
      basis of a conviction for an offense described in another
      subparagraph of this paragraph;
        (P) an offense (i) which either is falsely making, forging,
      counterfeiting, mutilating, or altering a passport or instrument
      in violation of section 1543 of title 18 or is described in
      section 1546(a) of such title (relating to document fraud) and
      (ii) for which the term of imprisonment is at least 12 months,
      except in the case of a first offense for which the alien has
      affirmatively shown that the alien committed the offense for the
      purpose of assisting, abetting, or aiding only the alien's
      spouse, child, or parent (and no other individual) to violate a
      provision of this chapter;
        (Q) an offense relating to a failure to appear by a defendant
      for service of sentence if the underlying offense is punishable
      by imprisonment for a term of 5 years or more;
        (R) an offense relating to commercial bribery, counterfeiting,
      forgery, or trafficking in vehicles the identification numbers of
      which have been altered for which the term of imprisonment is at
      least one year;
        (S) an offense relating to obstruction of justice, perjury or
      subornation of perjury, or bribery of a witness, for which the
      term of imprisonment is at least one year;
        (T) an offense relating to a failure to appear before a court
      pursuant to a court order to answer to or dispose of a charge of
      a felony for which a sentence of 2 years' imprisonment or more
      may be imposed; and
        (U) an attempt or conspiracy to commit an offense described in
      this paragraph.

    The term applies to an offense described in this paragraph whether
    in violation of Federal or State law and applies to such an offense
    in violation of the law of a foreign country for which the term of
    imprisonment was completed within the previous 15 years.
    Notwithstanding any other provision of law (including any effective
    date), the term applies regardless of whether the conviction was
    entered before, on, or after September 30, 1996.
      (44)(A) The term "managerial capacity" means an assignment within
    an organization in which the employee primarily - 
        (i) manages the organization, or a department, subdivision,
      function, or component of the organization;
        (ii) supervises and controls the work of other supervisory,
      professional, or managerial employees, or manages an essential
      function within the organization, or a department or subdivision
      of the organization;
        (iii) if another employee or other employees are directly
      supervised, has the authority to hire and fire or recommend those
      as well as other personnel actions (such as promotion and leave
      authorization) or, if no other employee is directly supervised,
      functions at a senior level within the organizational hierarchy
      or with respect to the function managed; and
        (iv) exercises discretion over the day-to-day operations of the
      activity or function for which the employee has authority.

    A first-line supervisor is not considered to be acting in a
    managerial capacity merely by virtue of the supervisor's
    supervisory duties unless the employees supervised are
    professional.
      (B) The term "executive capacity" means an assignment within an
    organization in which the employee primarily - 
        (i) directs the management of the organization or a major
      component or function of the organization;
        (ii) establishes the goals and policies of the organization,
      component, or function;
        (iii) exercises wide latitude in discretionary decision-making;
      and
        (iv) receives only general supervision or direction from higher
      level executives, the board of directors, or stockholders of the
      organization.

      (C) If staffing levels are used as a factor in determining
    whether an individual is acting in a managerial or executive
    capacity, the Attorney General shall take into account the
    reasonable needs of the organization, component, or function in
    light of the overall purpose and stage of development of the
    organization, component, or function. An individual shall not be
    considered to be acting in a managerial or executive capacity (as
    previously defined) merely on the basis of the number of employees
    that the individual supervises or has supervised or directs or has
    directed.
      (45) The term "substantial" means, for purposes of paragraph
    (15)(E) with reference to trade or capital, such an amount of trade
    or capital as is established by the Secretary of State, after
    consultation with appropriate agencies of Government.
      (46) The term "extraordinary ability" means, for purposes of
    subsection (a)(15)(O)(i) of this section, in the case of the arts,
    distinction.
      (47)(A) The term "order of deportation" means the order of the
    special inquiry officer, or other such administrative officer to
    whom the Attorney General has delegated the responsibility for
    determining whether an alien is deportable, concluding that the
    alien is deportable or ordering deportation.
      (B) The order described under subparagraph (A) shall become final
    upon the earlier of - 
        (i) a determination by the Board of Immigration Appeals
      affirming such order; or
        (ii) the expiration of the period in which the alien is
      permitted to seek review of such order by the Board of
      Immigration Appeals.

      (48)(A) The term "conviction" means, with respect to an alien, a
    formal judgment of guilt of the alien entered by a court or, if
    adjudication of guilt has been withheld, where - 
        (i) a judge or jury has found the alien guilty or the alien has
      entered a plea of guilty or nolo contendere or has admitted
      sufficient facts to warrant a finding of guilt, and
        (ii) the judge has ordered some form of punishment, penalty, or
      restraint on the alien's liberty to be imposed.

      (B) Any reference to a term of imprisonment or a sentence with
    respect to an offense is deemed to include the period of
    incarceration or confinement ordered by a court of law regardless
    of any suspension of the imposition or execution of that
    imprisonment or sentence in whole or in part.
      (49) The term "stowaway" means any alien who obtains
    transportation without the consent of the owner, charterer, master
    or person in command of any vessel or aircraft through concealment
    aboard such vessel or aircraft. A passenger who boards with a valid
    ticket is not to be considered a stowaway.
      (50) The term "intended spouse" means any alien who meets the
    criteria set forth in section 1154(a)(1)(A)(iii)(II)(aa)(BB),
    1154(a)(1)(B)(ii)(II)(aa)(BB), or 1229b(b)(2)(A)(i)(III) of this
    title.
      (51) The term "VAWA self-petitioner" means an alien, or a child
    of the alien, who qualifies for relief under - 
        (A) clause (iii), (iv), or (vii) of section 1154(a)(1)(A) of
      this title;
        (B) clause (ii) or (iii) of section 1154(a)(1)(B) of this
      title;
        (C) section 1186a(c)(4)(C) of this title;
        (D) the first section of Public Law 89-732 (8 U.S.C. 1255 note)
      (commonly known as the Cuban Adjustment Act) as a child or spouse
      who has been battered or subjected to extreme cruelty;
        (E) section 902(d)(1)(B) of the Haitian Refugee Immigration
      Fairness Act of 1998 (8 U.S.C. 1255 note);
        (F) section 202(d)(1) of the Nicaraguan Adjustment and Central
      American Relief Act; or
        (G) section 309 of the Illegal Immigration Reform and Immigrant
      Responsibility Act of 1996 (division C of Public Law 104-208).

      (b) As used in subchapters I and II of this chapter - 
      (1) The term "child" means an unmarried person under twenty-one
    years of age who is - 
        (A) a child born in wedlock;
        (B) a stepchild, whether or not born out of wedlock, provided
      the child had not reached the age of eighteen years at the time
      the marriage creating the status of stepchild occurred;
        (C) a child legitimated under the law of the child's residence
      or domicile, or under the law of the father's residence or
      domicile, whether in or outside the United States, if such
      legitimation takes place before the child reaches the age of
      eighteen years and the child is in the legal custody of the
      legitimating parent or parents at the time of such legitimation;
        (D) a child born out of wedlock, by, through whom, or on whose
      behalf a status, privilege, or benefit is sought by virtue of the
      relationship of the child to its natural mother or to its natural
      father if the father has or had a bona fide parent-child
      relationship with the person;
        (E)(i) a child adopted while under the age of sixteen years if
      the child has been in the legal custody of, and has resided with,
      the adopting parent or parents for at least two years or if the
      child has been battered or subject to extreme cruelty by the
      adopting parent or by a family member of the adopting parent
      residing in the same household: Provided, That no natural parent
      of any such adopted child shall thereafter, by virtue of such
      parentage, be accorded any right, privilege, or status under this
      chapter; or
        (ii) subject to the same proviso as in clause (i), a child who:
      (I) is a natural sibling of a child described in clause (i) or
      subparagraph (F)(i); (II) was adopted by the adoptive parent or
      parents of the sibling described in such clause or subparagraph;
      and (III) is otherwise described in clause (i), except that the
      child was adopted while under the age of 18 years; or
        (F)(i) a child, under the age of sixteen at the time a petition
      is filed in his behalf to accord a classification as an immediate
      relative under section 1151(b) of this title, who is an orphan
      because of the death or disappearance of, abandonment or
      desertion by, or separation or loss from, both parents, or for
      whom the sole or surviving parent is incapable of providing the
      proper care and has in writing irrevocably released the child for
      emigration and adoption; who has been adopted abroad by a United
      States citizen and spouse jointly, or by an unmarried United
      States citizen at least twenty-five years of age, who personally
      saw and observed the child prior to or during the adoption
      proceedings; or who is coming to the United States for adoption
      by a United States citizen and spouse jointly, or by an unmarried
      United States citizen at least twenty-five years of age, who have
      or has complied with the preadoption requirements, if any, of the
      child's proposed residence; Provided, That the Attorney General
      is satisfied that proper care will be furnished the child if
      admitted to the United States: Provided further, That no natural
      parent or prior adoptive parent of any such child shall
      thereafter, by virtue of such parentage, be accorded any right,
      privilege, or status under this chapter; or
        (ii) subject to the same provisos as in clause (i), a child
      who: (I) is a natural sibling of a child described in clause (i)
      or subparagraph (E)(i); (II) has been adopted abroad, or is
      coming to the United States for adoption, by the adoptive parent
      (or prospective adoptive parent) or parents of the sibling
      described in such clause or subparagraph; and (III) is otherwise
      described in clause (i), except that the child is under the age
      of 18 at the time a petition is filed in his or her behalf to
      accord a classification as an immediate relative under section
      1151(b) of this title.

      (2) The terms "parent", "father", or "mother" mean a parent,
    father, or mother only where the relationship exists by reason of
    any of the circumstances set forth in subdivision (1) of this
    subsection, except that, for purposes of paragraph (1)(F) (other
    than the second proviso therein) in the case of a child born out of
    wedlock described in paragraph (1)(D) (and not described in
    paragraph (1)(C)), the term "parent" does not include the natural
    father of the child if the father has disappeared or abandoned or
    deserted the child or if the father has in writing irrevocably
    released the child for emigration and adoption.
      (3) The term "person" means an individual or an organization.
      (4) The term "immigration judge" means an attorney whom the
    Attorney General appoints as an administrative judge within the
    Executive Office for Immigration Review, qualified to conduct
    specified classes of proceedings, including a hearing under section
    1229a of this title. An immigration judge shall be subject to such
    supervision and shall perform such duties as the Attorney General
    shall prescribe, but shall not be employed by the Immigration and
    Naturalization Service.
      (5) The term "adjacent islands" includes Saint Pierre, Miquelon,
    Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas,
    Barbados, Jamaica, the Windward and Leeward Islands, Trinidad,
    Martinique, and other British, French, and Netherlands territory or
    possessions in or bordering on the Caribbean Sea.
      (c) As used in subchapter III of this chapter - 
      (1) The term "child" means an unmarried person under twenty-one
    years of age and includes a child legitimated under the law of the
    child's residence or domicile, or under the law of the father's
    residence or domicile, whether in the United States or elsewhere,
    and, except as otherwise provided in sections 1431 and 1432 (!7) of
    this title, a child adopted in the United States, if such
    legitimation or adoption takes place before the child reaches the
    age of 16 years (except to the extent that the child is described
    in subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this
    section), and the child is in the legal custody of the legitimating
    or adopting parent or parents at the time of such legitimation or
    adoption.

      (2) The terms "parent", "father", and "mother" include in the
    case of a posthumous child a deceased parent, father, and mother.
      (d) Repealed. Pub. L. 100-525, Sec. 9(a)(3), Oct. 24, 1988, 102
    Stat. 2619.
      (e) For the purposes of this chapter - 
      (1) The giving, loaning, or promising of support or of money or
    any other thing of value to be used for advocating any doctrine
    shall constitute the advocating of such doctrine; but nothing in
    this paragraph shall be construed as an exclusive definition of
    advocating.
      (2) The giving, loaning, or promising of support or of money or
    any other thing of value for any purpose to any organization shall
    be presumed to constitute affiliation therewith; but nothing in
    this paragraph shall be construed as an exclusive definition of
    affiliation.
      (3) Advocating the economic, international, and governmental
    doctrines of world communism means advocating the establishment of
    a totalitarian Communist dictatorship in any or all of the
    countries of the world through the medium of an internationally
    coordinated Communist movement.
      (f) For the purposes of this chapter - 
      No person shall be regarded as, or found to be, a person of good
    moral character who, during the period for which good moral
    character is required to be established is, or was - 
        (1) a habitual drunkard;
        (2) Repealed. Pub. L. 97-116, Sec. 2(c)(1), Dec. 29, 1981, 95
      Stat. 1611.
        (3) a member of one or more of the classes of persons, whether
      inadmissible or not, described in paragraphs (2)(D), (6)(E), and
      (10)(A) of section 1182(a) of this title; or subparagraphs (A)
      and (B) of section 1182(a)(2) of this title and subparagraph (C)
      thereof of such section (!8) (except as such paragraph relates to
      a single offense of simple possession of 30 grams or less of
      marihuana), if the offense described therein, for which such
      person was convicted or of which he admits the commission, was
      committed during such period;

        (4) one whose income is derived principally from illegal
      gambling activities;
        (5) one who has been convicted of two or more gambling offenses
      committed during such period;
        (6) one who has given false testimony for the purpose of
      obtaining any benefits under this chapter;
        (7) one who during such period has been confined, as a result
      of conviction, to a penal institution for an aggregate period of
      one hundred and eighty days or more, regardless of whether the
      offense, or offenses, for which he has been confined were
      committed within or without such period;
        (8) one who at any time has been convicted of an aggravated
      felony (as defined in subsection (a)(43) of this section); or
        (9) one who at any time has engaged in conduct described in
      section 1182(a)(3)(E) of this title (relating to assistance in
      Nazi persecution, participation in genocide, or commission of
      acts of torture or extrajudicial killings) or 1182(a)(2)(G) of
      this title (relating to severe violations of religious freedom).

      The fact that any person is not within any of the foregoing
    classes shall not preclude a finding that for other reasons such
    person is or was not of good moral character. In the case of an
    alien who makes a false statement or claim of citizenship, or who
    registers to vote or votes in a Federal, State, or local election
    (including an initiative, recall, or referendum) in violation of a
    lawful restriction of such registration or voting to citizens, if
    each natural parent of the alien (or, in the case of an adopted
    alien, each adoptive parent of the alien) is or was a citizen
    (whether by birth or naturalization), the alien permanently resided
    in the United States prior to attaining the age of 16, and the
    alien reasonably believed at the time of such statement, claim, or
    violation that he or she was a citizen, no finding that the alien
    is, or was, not of good moral character may be made based on it.
      (g) For the purposes of this chapter any alien ordered deported
    or removed (whether before or after the enactment of this chapter)
    who has left the United States, shall be considered to have been
    deported or removed in pursuance of law, irrespective of the source
    from which the expenses of his transportation were defrayed or of
    the place to which he departed.
      (h) For purposes of section 1182(a)(2)(E) of this title, the term
    "serious criminal offense" means - 
        (1) any felony;
        (2) any crime of violence, as defined in section 16 of title
      18; or
        (3) any crime of reckless driving or of driving while
      intoxicated or under the influence of alcohol or of prohibited
      substances if such crime involves personal injury to another.

      (i) With respect to each nonimmigrant alien described in
    subsection (a)(15)(T)(i) of this section - 
        (1) the Secretary of Homeland Security, the Attorney General,
      and other Government officials, where appropriate, shall provide
      the alien with a referral to a nongovernmental organization that
      would advise the alien regarding the alien's options while in the
      United States and the resources available to the alien; and
        (2) the Secretary of Homeland Security shall, during the period
      the alien is in lawful temporary resident status under that
      subsection, grant the alien authorization to engage in employment
      in the United States and provide the alien with an "employment
      authorized" endorsement or other appropriate work permit.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 101, 66 Stat. 166; Pub. L.
    85-316, Secs. 1, 2, Sept. 11, 1957, 71 Stat. 639; Pub. L. 85-508,
    Sec. 22, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec. 20(a), Mar.
    18, 1959, 73 Stat. 13; Pub. L. 87-256, Sec. 109(a), (b), Sept. 21,
    1961, 75 Stat. 534; Pub. L. 87-301, Secs. 1, 2, 7, Sept. 26, 1961,
    75 Stat. 650, 653; Pub. L. 89-236, Secs. 8, 24, Oct. 3, 1965, 79
    Stat. 916, 922; Pub. L. 89-710, Nov. 2, 1966, 80 Stat. 1104; Pub.
    L. 91-225, Sec. 1, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94-155, Dec.
    16, 1975, 89 Stat. 824; Pub. L. 94-484, title VI, Sec. 601(b), (e),
    Oct. 12, 1976, 90 Stat. 2301, 2302; Pub. L. 94-571, Sec. 7(a), Oct.
    20, 1976, 90 Stat. 2706; Pub. L. 94-484, title VI, Sec. 602(c),
    Oct. 12, 1976, as added Pub. L. 95-83, title III, Sec. 307(q)(3),
    Aug. 1, 1977, 91 Stat. 395; Pub. L. 95-105, title I, Sec.
    109(b)(3), Aug. 17, 1977, 91 Stat. 847; Pub. L. 96-70, title III,
    Sec. 3201(a), Sept. 27, 1979, 93 Stat. 496; Pub. L. 96-212, title
    II, Sec. 201(a), Mar. 17, 1980, 94 Stat. 102; Pub. L. 97-116, Secs.
    2, 5(d)(1), 18(a), Dec. 29, 1981, 95 Stat. 1611, 1614, 1619; Priv.
    L. 98-47, Sec. 3, Oct. 30, 1984, 98 Stat. 3435; Pub. L. 99-505,
    Sec. 1, Oct. 21, 1986, 100 Stat. 1806; Pub. L. 99-603, title III,
    Secs. 301(a), 312, 315(a), Nov. 6, 1986, 100 Stat. 3411, 3434,
    3439; Pub. L. 99-653, Secs. 2, 3, Nov. 14, 1986, 100 Stat. 3655;
    Pub. L. 100-459, title II, Sec. 210(a), Oct. 1, 1988, 102 Stat.
    2203; Pub. L. 100-525, Secs. 2(o)(1), 8(b), 9(a), Oct. 24, 1988,
    102 Stat. 2613, 2617, 2619; Pub. L. 100-690, title VII, Sec. 7342,
    Nov. 18, 1988, 102 Stat. 4469; Pub. L. 101-162, title VI, Sec.
    611(a), Nov. 21, 1989, 103 Stat. 1038; Pub. L. 101-238, Sec. 3(a),
    Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246, title I, Sec.
    131(b), Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-649, title I,
    Secs. 123, 151(a), 153(a), 162(f)(2)(A), title II, Secs. 203(c),
    204(a), (c), 205(c)(1), (d), (e), 206(c), 207(a), 208, 209(a),
    title IV, Sec. 407(a)(2), title V, Secs. 501(a), 509(a), title VI,
    Sec. 603(a)(1), Nov. 29, 1990, 104 Stat. 4995, 5004, 5005, 5012,
    5018-5020, 5022, 5023, 5026, 5027, 5040, 5048, 5051, 5082; Pub. L.
    102-110, Sec. 2(a), Oct. 1, 1991, 105 Stat. 555; Pub. L. 102-232,
    title II, Secs. 203(a), 205(a)-(c), 206(b), (c)(1), (d), 207(b),
    title III, Secs. 302(e)(8)(A), 303(a)(5)(A), (7)(A), (14),
    305(m)(1), 306(a)(1), 309(b)(1), (4), Dec. 12, 1991, 105 Stat.
    1737, 1740, 1741, 1746-1748, 1750, 1751, 1758; Pub. L. 103-236,
    title I, Sec. 162(h)(1), Apr. 30, 1994, 108 Stat. 407; Pub. L. 103-
    322, title XIII, Sec. 130003(a), Sept. 13, 1994, 108 Stat. 2024;
    Pub. L. 103-337, div. C, title XXXVI, Sec. 3605, Oct. 5, 1994, 108
    Stat. 3113; Pub. L. 103-416, title II, Secs. 201, 202, 214, 219(a),
    222(a), Oct. 25, 1994, 108 Stat. 4310, 4311, 4314, 4316, 4320; Pub.
    L. 104-51, Sec. 1, Nov. 15, 1995, 109 Stat. 467; Pub. L. 104-132,
    title IV, Sec. 440(b), (e), Apr. 24, 1996, 110 Stat. 1277; Pub. L.
    104-208, div. C, title I, Sec. 104(a), title III, Secs. 301(a),
    308(d)(3)(A), (4)(A), (e)(3), (f)(1)(A), (B), 321(a), (b),
    322(a)(1), (2)(A), 361(a), 371(a), title VI, Secs. 601(a)(1),
    625(a)(2), 671(a)(3)(B), (b)(5), (e)(2), Sept. 30, 1996, 110 Stat.
    3009-555, 3009-575, 3009-617, 3009-620, 3009-621, 3009-627 to 3009-
    629, 3009-644, 3009-645, 3009-689, 3009-700, 3009-721 to 3009-723;
    Pub. L. 105-54, Sec. 1(a), Oct. 6, 1997, 111 Stat. 1175; Pub. L.
    105-119, title I, Sec. 113, Nov. 26, 1997, 111 Stat. 2460; Pub. L.
    105-277, div. C, title IV, Sec. 421, div. G, title XXII, Sec.
    2222(e), Oct. 21, 1998, 112 Stat. 2681-657, 2681-819; Pub. L. 105-
    319, Sec. 2(b)(1), (e)(2), formerly (d)(2), Oct. 30, 1998, 112
    Stat. 3014, 3015, renumbered Sec. 2(e)(2), Pub. L. 108-449, Sec.
    1(a)(3)(A), Dec. 10, 2004, 118 Stat. 3470; Pub. L. 106-95, Sec.
    2(a), (c), Nov. 12, 1999, 113 Stat. 1312, 1316; Pub. L. 106-139,
    Sec. 1(a), (b)(1), Dec. 7, 1999, 113 Stat. 1696; Pub. L. 106-279,
    title III, Sec. 302(a), (c), Oct. 6, 2000, 114 Stat. 838, 839; Pub.
    L. 106-386, div. A, Sec. 107(e)(1), (4), div. B, title V, Secs.
    1503(a), Sec. 1513(b), Oct. 28, 2000, 114 Stat. 1477, 1479, 1518,
    1534; Pub. L. 106-395, title II, Sec. 201(a)(1), Oct. 30, 2000, 114
    Stat. 1633; Pub. L. 106-409, Sec. 2(a), Nov. 1, 2000, 114 Stat.
    1787; Pub. L. 106-536, Sec. 1(a), Nov. 22, 2000, 114 Stat. 2560;
    Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(a), 1103(a)],
    Dec. 21, 2000, 114 Stat. 2762, 2762A-142, 2762A-144; Pub. L. 107-
    125, Sec. 2(b), Jan. 16, 2002, 115 Stat. 2403; Pub. L. 107-274,
    Sec. 2(a), (b), Nov. 2, 2002, 116 Stat. 1923; Pub. L. 108-77, title
    IV, Sec. 402(a)(1), Sept. 3, 2003, 117 Stat. 939; Pub. L. 108-99,
    Sec. 1, Oct. 15, 2003, 117 Stat. 1176; Pub. L. 108-193, Secs.
    4(b)(1), (5), 8(a)(1), Dec. 19, 2003, 117 Stat. 2878, 2879, 2886;
    Pub. L. 108-449, Sec. 1(a)(2)(B), (b)(1), Dec. 10, 2004, 118 Stat.
    3469, 3470; Pub. L. 108-458, title V, Sec. 5504, Dec. 17, 2004, 118
    Stat. 3741; Pub. L. 109-13, div. B, title V, Sec. 501(a), May 11,
    2005, 119 Stat. 321; Pub. L. 109-90, title V, Sec. 536, Oct. 18,
    2005, 119 Stat. 2087; Pub. L. 109-162, title VIII, Secs. 801,
    805(d), 811, 822(c)(1), Jan. 5, 2006, 119 Stat. 3053, 3056, 3057,
    3063; Pub. L. 109-248, title IV, Sec. 402(b), July 27, 2006, 120
    Stat. 623.)

-STATAMEND-
                   AMENDMENT OF SUBSECTION (A)(15)(H)(I)               
      For termination of amendment by section 107(c) of Pub. L. 108-77,
    see Effective and Termination Dates of 2003 Amendment note below.

                    AMENDMENT OF SUBSECTION (A)(15)(Q)                
      Pub. L. 105-319, Sec. 2(e)(2), formerly Sec. 2(d)(2), Oct. 30,
    1998, 112 Stat. 3015, as amended by Pub. L. 107-234, Sec. 1(4),
    Oct. 4, 2002, 116 Stat. 1481; renumbered Sec. 2(e)(2) and amended
    Pub. L. 108-449, Sec. 1(a)(2)(B), (3)(A), Dec. 10, 2004, 118 Stat.
    3469, 3470, provided that, effective Oct. 1, 2008, subsection
    (a)(15)(Q) is amended by striking "or" at the end of clause (i), by
    striking "(i)" after "(Q)", and by striking clause (ii).

                        AMENDMENT OF SUBSECTION (B)                    
      Pub. L. 106-279, title III, Secs. 302(a), (c), 505(a)(2), (b),
    Oct. 6, 2000, 114 Stat. 838, 839, 844, provided that, effective
    upon entry into force for the United States of the Convention on
    Protection of Children and Co-operation in Respect of Intercountry
    Adoption, pursuant to Article 46(2)(a) of the Convention, with
    transition rule, subsection (b) is amended as follows:
      In paragraph (1), by striking "or" at the end of subparagraph
    (E), by striking the period at the end of subparagraph (F) and
    inserting "; or", and by adding after subparagraph (F) the
    following new subparagraph:

        (G) a child, under the age of sixteen at the time a petition is
      filed on the child's behalf to accord a classification as an
      immediate relative under section 1151(b) of this title, who has
      been adopted in a foreign state that is a party to the Convention
      on Protection of Children and Co-operation in Respect of
      Intercountry Adoption done at The Hague on May 29, 1993, or who
      is emigrating from such a foreign state to be adopted in the
      United States, by a United States citizen and spouse jointly, or
      by an unmarried United States citizen at least 25 years of age - 
          (i) if - 
            (I) the Attorney General is satisfied that proper care will
          be furnished the child if admitted to the United States;
            (II) the child's natural parents (or parent, in the case of
          a child who has one sole or surviving parent because of the
          death or disappearance of, abandonment or desertion by, the
          other parent), or other persons or institutions that retain
          legal custody of the child, have freely given their written
          irrevocable consent to the termination of their legal
          relationship with the child, and to the child's emigration
          and adoption;
            (III) in the case of a child having two living natural
          parents, the natural parents are incapable of providing
          proper care for the child;
            (IV) the Attorney General is satisfied that the purpose of
          the adoption is to form a bona fide parent-child
          relationship, and the parent-child relationship of the child
          and the natural parents has been terminated (and in carrying
          out both obligations under this subclause the Attorney
          General may consider whether there is a petition pending to
          confer immigrant status on one or both of such natural
          parents); and
            (V) in the case of a child who has not been adopted - 
              (aa) the competent authority of the foreign state has
            approved the child's emigration to the United States for
            the purpose of adoption by the prospective adoptive parent
            or parents; and
              (bb) the prospective adoptive parent or parents has or
            have complied with any pre-adoption requirements of the
            child's proposed residence; and

          (ii) except that no natural parent or prior adoptive parent
        of any such child shall thereafter, by virtue of such
        parentage, be accorded any right, privilege, or status under
        this chapter.

      In paragraph (2), by inserting "and paragraph (1)(G)(i)" after
    "second proviso therein)".

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (b)(1)(E), (F), (4),
    and (e)-(g), was in the original, "this Act", meaning act June 27,
    1952, ch. 477, 66 Stat. 163, as amended, known as the Immigration
    and Nationality Act, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    Short Title note set out below and Tables.
      The Headquarters Agreement with the United Nations (61 Stat.
    758), referred to in subsec. (a)(15)(C), is set out as a note under
    section 287 of Title 22, Foreign Relations and Intercourse.
      Section 1184(l) of this title, referred to in subsec.
    (a)(15)(F)(i), probably means the subsec. (l) of section 1184 which
    relates to nonimmigrant elementary and secondary school students
    and was added by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1),
    Sept. 30, 1996, 110 Stat. 3009-699, and redesignated subsec.(m) of
    section 1184 by Pub. L. 106-386, div. A, Sec. 107(e)(2)(A), Oct.
    28, 2000, 114 Stat. 1478.
      The International Organizations Immunities Act (59 Stat. 669),
    referred to in subsec. (a)(15)(G)(i), is act Dec. 29, 1945, ch.
    652, title I, 59 Stat. 669, as amended, which is classified
    principally to subchapter XVIII (Sec. 288 et seq.) of chapter 7 of
    Title 22, Foreign Relations and Intercourse. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 288 of Title 22 and Tables.
      Subsection (p) of section 1184 of this title, referred to in
    subsec. (a)(15)(K), was redesignated as subsec. (r) of section 1184
    by Pub. L. 108-193, Sec. 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.
      Section 2(a) of the Irish Peace Process Cultural and Training
    Program Act of 1998, referred to in subsec. (a)(15)(Q)(ii)(I), is
    section 2(a) of Pub. L. 105-319, which is set out in a note below.
      Section 3(a) of the Selective Training and Service Act of 1940,
    as amended (54 Stat. 885; 55 Stat. 844), referred to in subsec.
    (a)(19), was classified to section 303 of Title 50, Appendix, War
    and National Defense, and was omitted from the Code as obsolete.
      The Selective Service Act of 1948, referred to in subsec.
    (a)(19), was redesignated the Universal Military Training and
    Service Act by act June 19, 1951, 65 Stat. 75, and then
    redesignated the Military Selective Service Act of 1967 by act June
    30, 1967, Pub. L. 90-40, 81 Stat. 100, and subsequently
    redesignated the Military Selective Service Act by Pub. L. 92-129,
    title I, Sec. 101(a)(1), Sept. 28, 1971, 85 Stat. 348.
      The Immigration Technical Corrections Act of 1988, referred to in
    subsec. (a)(27)(L)(iii), is Pub. L. 100-525, Oct. 24, 1988, 102
    Stat. 2609, as amended. For complete classification of this Act to
    the Code, see Short Title of 1988 Amendments note set out below and
    Tables.
      The Immigration and Nationality Technical Corrections Act of
    1994, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 103-416,
    Oct. 25, 1994, 108 Stat. 4305, as amended. For complete
    classification of this Act to the Code, see Short Title of 1994
    Amendment note set out below and Tables.
      The American Competitiveness and Workforce Improvement Act of
    1998, referred to in subsec. (a)(27)(L)(iii), is Pub. L. 105-277,
    div. C, title IV, Oct. 21, 1998, 112 Stat. 2681-641. For complete
    classification of this Act to the Code, see Short Title of 1998
    Amendment note set out below and Tables.
      Section 902(d)(1)(B) of the Haitian Refugee Immigration Fairness
    Act of 1998, referred to in subsec. (a)(51)(E), is Pub. L. 105-277,
    div. A, Sec. 101(h) [title IX, Sec. 902(d)(1)(B)], which is set out
    as a note under section 1255 of this title.
      Section 202(d)(1) of the Nicaraguan Adjustment and Central
    American Relief Act, referred to in subsec. (a)(51)(F), is section
    202(d)(1) of Pub. L. 105-100, which is set out as a note under
    section 1255 of this title.
      Section 309 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996, referred to in subsec. (a)(51)(G), is
    section 309 of div. C of Pub. L. 104-208, which is set out as a
    note under this section.
      Section 1432 of this title, referred to in subsec. (c)(1), was
    repealed by Pub. L. 106-395, title I, Sec. 103(a), Oct. 30, 2000,
    114 Stat. 1632.

-COD-
                               CODIFICATION                           
      September 30, 1996, referred to in the concluding provisions of
    subsec. (a)(43), was in the original "the date of enactment of this
    paragraph", which was translated as meaning the date of enactment
    of section 321(b) of Pub. L. 104-208, which inserted that language,
    to reflect the probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(15)(K)(i), (ii). Pub. L. 109-248, which
    directed insertion of "(other than a citizen described in section
    1154(a)(1)(A)(viii)(I) of this title)" after "citizen of the United
    States" each place appearing in section 101(a)(15)(K), without
    specifying the Act to be amended, was executed to subsec.
    (a)(15)(K) of this section, which is section 101 of the Immigration
    and Nationality Act, to reflect the probable intent of Congress.
      Subsec. (a)(15)(T)(i). Pub. L. 109-162, Sec. 801(a)(1)(A),
    substituted "Secretary of Homeland Security, or in the case of
    subclause (III)(aa) the Secretary of Homeland Security and the
    Attorney General jointly;" for "Attorney General".
      Subsec. (a)(15)(T)(i)(III)(aa). Pub. L. 109-162, Sec.
    801(a)(1)(B)(i), inserted "Federal, State, or local" before
    "investigation".
      Pub. L. 109-162, Sec. 801(a)(1)(B)(ii), which directed
    substitution of "or the investigation of crime where acts of
    trafficking are at least one central reason for the commission of
    that crime; or" for ", or", was executed by making the substitution
    for ", or" the second time appearing to reflect the probable intent
    of Congress.
      Subsec. (a)(15)(T)(i)(IV). Pub. L. 109-162, Sec. 801(a)(1)(C),
    struck out "and" at end.
      Subsec. (a)(15)(T)(ii). Pub. L. 109-162, Sec. 801(a)(2), amended
    cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "if the Attorney General considers it necessary to avoid extreme
    hardship - 
        "(I) in the case of an alien described in clause (i) who is
      under 21 years of age, the spouse, children, unmarried siblings
      under 18 years of age on the date on which such alien applied for
      status under such clause, and parents of such alien; and
        "(II) in the case of an alien described in clause (i) who is 21
      years of age or older, the spouse and children of such alien,
    if accompanying, or following to join, the alien described in
    clause (i);".
      Subsec. (a)(15)(T)(iii). Pub. L. 109-162, Sec. 801(a)(3), added
    cl. (iii).
      Subsec. (a)(15)(U)(i). Pub. L. 109-162, Sec. 801(b)(1),
    substituted "Secretary of Homeland Security" for "Attorney
    General".
      Subsec. (a)(15)(U)(ii). Pub. L. 109-162, Sec. 801(b)(2), amended
    cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "if the Attorney General considers it necessary to avoid extreme
    hardship to the spouse, the child, or, in the case of an alien
    child, the parent of the alien described in clause (i), the
    Attorney General may also grant status under this paragraph based
    upon certification of a government official listed in clause
    (i)(III) that an investigation or prosecution would be harmed
    without the assistance of the spouse, the child, or, in the case of
    an alien child, the parent of the alien; and".
      Subsec. (a)(51). Pub. L. 109-162, Sec. 811, added par. (51).
      Subsec. (b)(1)(E)(i). Pub. L. 109-162, Sec. 805(d), inserted
    before colon "or if the child has been battered or subject to
    extreme cruelty by the adopting parent or by a family member of the
    adopting parent residing in the same household".
      Subsec. (f)(3). Pub. L. 109-162, Sec. 822(c)(1), substituted
    "(10)(A)" for "(9)(A)".
      Subsec. (i)(1). Pub. L. 109-162, Sec. 801(c)(1), substituted
    "Secretary of Homeland Security, the Attorney General," for
    "Attorney General".
      Subsec. (i)(2). Pub. L. 109-162, Sec. 801(c)(2), substituted
    "Secretary of Homeland Security" for "Attorney General".
      2005 - Subsec. (a)(15)(E)(iii). Pub. L. 109-13 added cl. (iii).
      Subsec. (a)(15)(H)(ii)(a). Pub. L. 109-90 substituted ",
    agriculture as defined in section 203(f) of title 29, and the
    pressing of apples for cider on a farm," for "and agriculture as
    defined in section 203(f) of title 29," and made technical
    amendment to reference in original act which appears in text as
    reference to section 3121(g) of title 26.
      2004 - Subsec. (a)(15)(Q). Pub. L. 108-449, Sec. 1(b)(1),
    substituted "Secretary of Homeland Security" for "Attorney General"
    in two places, "citizen of the United Kingdom or the Republic of
    Ireland, 21 to 35 years of age, unemployed for not less than 12
    months, and having a residence for not less than 18 months" for "35
    years of age or younger having a residence", and "24 months)" for
    "36 months)".
      Subsec. (f)(9). Pub. L. 108-458 added par. (9).
      2003 - Subsec. (a)(15)(H)(i). Pub. L. 108-77, Secs. 107(c),
    402(a)(1), temporarily substituted "1182(n)(1) of this title, or
    (b1) who is entitled to enter the United States under and in
    pursuance of the provisions of an agreement listed in section
    1184(g)(8)(A) of this title, who is engaged in a specialty
    occupation described in section 1184(i)(3) of this title, and with
    respect to whom the Secretary of Labor determines and certifies to
    the Secretary of Homeland Security and the Secretary of State that
    the intending employer has filed with the Secretary of Labor an
    attestation under section 1182(t)(1) of this title, or (c)" for
    "1182(n)(1) of this title, or (c)". See Effective and Termination
    Dates of 2003 Amendment note below.
      Subsec. (a)(15)(T). Pub. L. 108-193, Sec. 8(a)(1)(A), (B),
    substituted "1184(o) of this title," for "1184(n) of this title,"
    and realigned margins.
      Subsec. (a)(15)(T)(i)(III)(bb). Pub. L. 108-193, Sec. 4(b)(1)(A),
    substituted "18 years of age," for "15 years of age,".
      Subsec. (a)(15)(T)(ii)(I). Pub. L. 108-193, Sec. 4(b)(1)(B),
    inserted "unmarried siblings under 18 years of age on the date on
    which such alien applied for status under such clause," before "and
    parents".
      Subsec. (a)(15)(U). Pub. L. 108-193, Sec. 8(a)(1)(A), (C),
    substituted "1184(p) of this title," for "1184(o) of this title,"
    in cl. (i) and realigned margins.
      Subsec. (a)(15)(V). Pub. L. 108-193, Sec. 8(a)(1)(D), substituted
    "1184(q) of this title," for "1184(o) of this title," in
    introductory provisions.
      Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 108-99 substituted
    "2008," for "2003,".
      Subsec. (a)(43)(K)(iii). Pub. L. 108-193, Sec. 4(b)(5), amended
    cl. (iii) generally. Prior to amendment, cl. (iii) read as follows:
    "is described in section 1581, 1582, 1583, 1584, 1585, or 1588 of
    title 18 (relating to peonage, slavery, and involuntary
    servitude);".
      2002 - Subsec. (a)(15)(F)(ii), (iii). Pub. L. 107-274, Sec. 2(a),
    added cls. (ii) and (iii) and struck out former cl. (ii) which read
    as follows: "and (ii) the alien spouse and minor children of any
    such alien if accompanying him or following to join him;".
      Subsec. (a)(15)(L). Pub. L. 107-125 inserted "subject to section
    1184(c)(2) of this title," before "an alien who".
      Subsec. (a)(15)(M)(ii), (iii). Pub. L. 107-274, Sec. 2(b), added
    cls. (ii) and (iii) and struck out former cl. (ii) which read as
    follows: "and (ii) the alien spouse and minor children of any such
    alien if accompanying him or following to join him;".
      2000 - Subsec. (a)(15)(K). Pub. L. 106-553, Sec. 1(a)(2) [title
    XI, Sec. 1103(a)], amended subpar. (K) generally. Prior to
    amendment, subpar. (K) read as follows: "an alien who is the
    fiance&233;e or fiance&233; of a citizen of the United States and
    who seeks to enter the United States solely to conclude a valid
    marriage with the petitioner within ninety days after admission,
    and the minor children of such fiance&233;e or fiance&233;
    accompanying him or following to join him;".
      Subsec. (a)(15)(T). Pub. L. 106-386, Sec. 107(e)(1), added
    subpar. (T).
      Subsec. (a)(15)(U). Pub. L. 106-386, Sec. 1513(b), added subpar.
    (U).
      Subsec. (a)(15)(V). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(a)], added subpar. (V).
      Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 106-409 substituted
    "2003," for "2000,".
      Subsec. (a)(27)(M). Pub. L. 106-536 added subpar. (M).
      Subsec. (a)(50). Pub. L. 106-386, Sec. 1503(a), added par. (50).
      Subsec. (f). Pub. L. 106-395 inserted at end: "In the case of an
    alien who makes a false statement or claim of citizenship, or who
    registers to vote or votes in a Federal, State, or local election
    (including an initiative, recall, or referendum) in violation of a
    lawful restriction of such registration or voting to citizens, if
    each natural parent of the alien (or, in the case of an adopted
    alien, each adoptive parent of the alien) is or was a citizen
    (whether by birth or naturalization), the alien permanently resided
    in the United States prior to attaining the age of 16, and the
    alien reasonably believed at the time of such statement, claim, or
    violation that he or she was a citizen, no finding that the alien
    is, or was, not of good moral character may be made based on it."
      Subsec. (i). Pub. L. 106-386, Sec. 107(e)(4), added subsec. (i).
      1999 - Subsec. (a)(15)(H)(i)(a). Pub. L. 106-95, Sec. 2(c),
    struck out subcl. (a) which read as follows: "who is coming
    temporarily to the United States to perform services as a
    registered nurse, who meets the qualifications described in section
    1182(m)(1) of this title, and with respect to whom the Secretary of
    Labor determines and certifies to the Attorney General that an
    unexpired attestation is on file and in effect under section
    1182(m)(2) of this title for each facility (which facility shall
    include the petitioner and each worksite, other than a private
    household worksite, if the worksite is not the alien's employer or
    controlled by the employer) for which the alien will perform the
    services, or".
      Subsec. (a)(15)(H)(i)(c). Pub. L. 106-95, Sec. 2(a), added subcl.
    (c).
      Subsec. (b)(1)(E). Pub. L. 106-139, Sec. 1(a)(1), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (b)(1)(F). Pub. L. 106-139, Sec. 1(a)(2), designated
    existing provisions as cl. (i), substituted "; or" for period at
    end, and added cl. (ii).
      Subsec. (c)(1). Pub. L. 106-139, Sec. 1(b)(1), substituted "16
    years (except to the extent that the child is described in
    subparagraph (E)(ii) or (F)(ii) of subsection (b)(1) of this
    section)," for "sixteen years,".
      1998 - Subsec. (a)(9). Pub. L. 105-277, Sec. 2222(e), inserted
    "or employee" after "other officer" and "or, when used in
    subchapter III of this chapter, for the purpose of adjudicating
    nationality" before period at end.
      Subsec. (a)(15)(N). Pub. L. 105-277, Sec. 421(b), inserted "(or
    under analogous authority under paragraph (27)(L))" after
    "(27)(I)(i)" in cl. (i) and after "(27)(I)" in cl. (ii).
      Subsec. (a)(15)(Q). Pub. L. 105-319, Sec. 2(b)(1), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(27)(L). Pub. L. 105-277, Sec. 421(a), added subpar.
    (L).
      1997 - Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 105-54
    substituted "2000" for "1997".
      Subsec. (a)(27)(J). Pub. L. 105-119 amended subpar. (J)
    generally. Prior to amendment, subpar. (J) read as follows: "an
    immigrant (i) who has been declared dependent on a juvenile court
    located in the United States or whom such a court has legally
    committed to, or placed under the custody of, an agency or
    department of a State and who has been deemed eligible by that
    court for long-term foster care, and (ii) for whom it has been
    determined in administrative or judicial proceedings that it would
    not be in the alien's best interest to be returned to the alien's
    or parent's previous country of nationality or country of last
    habitual residence; except that no natural parent or prior adoptive
    parent of any alien provided special immigrant status under this
    subparagraph shall thereafter, by virtue of such parentage, be
    accorded any right, privilege, or status under this chapter; or".
      1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 104(a), inserted at
    end "Such regulations shall provide that (A) each such document
    include a biometric identifier (such as the fingerprint or
    handprint of the alien) that is machine readable and (B) an alien
    presenting a border crossing identification card is not permitted
    to cross over the border into the United States unless the
    biometric identifier contained on the card matches the appropriate
    biometric characteristic of the alien."
      Subsec. (a)(13). Pub. L. 104-208, Sec. 301(a), amended par. (13)
    generally. Prior to amendment, par. (13) read as follows: "The term
    'entry' means any coming of an alien into the United States, from a
    foreign port or place or from an outlying possession, whether
    voluntarily or otherwise, except that an alien having a lawful
    permanent residence in the United States shall not be regarded as
    making an entry into the United States for the purposes of the
    immigration laws if the alien proves to the satisfaction of the
    Attorney General that his departure to a foreign port or place or
    to an outlying possession was not intended or reasonably to be
    expected by him or his presence in a foreign port or place or in an
    outlying possession was not voluntary: Provided, That no person
    whose departure from the United States was occasioned by
    deportation proceedings, extradition, or other legal process shall
    be held to be entitled to such exception."
      Subsec. (a)(15)(F)(i). Pub. L. 104-208, Sec. 625(a)(2), inserted
    "consistent with section 1184(l) of this title" after "such a
    course of study".
      Subsec. (a)(15)(K). Pub. L. 104-208, Sec. 308(f)(1)(A),
    substituted "admission" for "entry".
      Subsec. (a)(15)(S). Pub. L. 104-208, Sec. 671(a)(3)(B),
    substituted "section 1184(k)" for "section 1184(j)" in introductory
    provisions.
      Subsec. (a)(17). Pub. L. 104-208, Sec. 308(d)(4)(A), substituted
    "expulsion, or removal" for "or expulsion".
      Subsec. (a)(30). Pub. L. 104-208, Sec. 308(f)(1)(B), substituted
    "admission" for "entry".
      Subsec. (a)(42). Pub. L. 104-208, Sec. 601(a)(1), inserted at end
    "For purposes of determinations under this chapter, a person who
    has been forced to abort a pregnancy or to undergo involuntary
    sterilization, or who has been persecuted for failure or refusal to
    undergo such a procedure or for other resistance to a coercive
    population control program, shall be deemed to have been persecuted
    on account of political opinion, and a person who has a well
    founded fear that he or she will be forced to undergo such a
    procedure or subject to persecution for such failure, refusal, or
    resistance shall be deemed to have a well founded fear of
    persecution on account of political opinion."
      Subsec. (a)(43). Pub. L. 104-208, Sec. 321(b), inserted at end of
    concluding provisions "Notwithstanding any other provision of law
    (including any effective date), the term applies regardless of
    whether the conviction was entered before, on, or after September
    30, 1996."
      Subsec. (a)(43)(A). Pub. L. 104-208, Sec. 321(a)(1), inserted ",
    rape, or sexual abuse of a minor" after "murder".
      Subsec. (a)(43)(D). Pub. L. 104-208, Sec. 321(a)(2), substituted
    "$10,000" for "$100,000".
      Subsec. (a)(43)(F). Pub. L. 104-208, Sec. 322(a)(2)(A), struck
    out "imposed (regardless of any suspension of imprisonment)" after
    "term of imprisonment".
      Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
    for "is at least 5 years".
      Subsec. (a)(43)(G). Pub. L. 104-208, Sec. 322(a)(2)(A), which
    directed amendment of subpar. (G) by striking out "imposed
    (regardless of any suspension of imprisonment)", was executed by
    striking out "imposed (regardless of any suspension of such
    imprisonment)" after "term of imprisonment" to reflect the probable
    intent of Congress.
      Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
    for "is at least 5 years".
      Subsec. (a)(43)(J). Pub. L. 104-208, Sec. 321(a)(4), substituted
    "sentence of one year imprisonment" for "sentence of 5 years'
    imprisonment".
      Pub. L. 104-132, Sec. 440(e)(1), inserted ", or an offense
    described in section 1084 (if it is a second or subsequent offense)
    or 1955 of that title (relating to gambling offenses)," after
    "corrupt organizations)".
      Subsec. (a)(43)(K)(i). Pub. L. 104-132, Sec. 440(e)(2)(A), struck
    out "or" at end.
      Subsec. (a)(43)(K)(ii). Pub. L. 104-208, Sec. 671(b)(5), struck
    out comma after "1588".
      Pub. L. 104-208, Sec. 321(a)(5), inserted "if committed" before
    "for commercial advantage".
      Pub. L. 104-132, Sec. 440(e)(2)(C), added cl. (ii). Former cl.
    (ii) redesignated (iii).
      Subsec. (a)(43)(K)(iii). Pub. L. 104-132, Sec. 440(e)(2)(B),
    redesignated cl. (ii) as (iii).
      Subsec. (a)(43)(L)(iii). Pub. L. 104-208, Sec. 321(a)(6), added
    cl. (iii).
      Subsec. (a)(43)(M). Pub. L. 104-208, Sec. 321(a)(7), substituted
    "$10,000" for "$200,000" in cls. (i) and (ii).
      Subsec. (a)(43)(N). Pub. L. 104-208, Sec. 322(a)(2)(A), which
    directed amendment of subpar. (N) by striking "imposed (regardless
    of any suspension of imprisonment)", could not be executed because
    that phrase did not appear subsequent to amendment by Pub. L. 104-
    208, Sec. 321(a)(8). See below.
      Pub. L. 104-208, Sec. 321(a)(8), substituted ", except in the
    case of a first offense for which the alien has affirmatively shown
    that the alien committed the offense for the purpose of assisting,
    abetting, or aiding only the alien's spouse, child, or parent (and
    no other individual) to violate a provision of this chapter" for
    "for which the term of imprisonment imposed (regardless of any
    suspension of imprisonment) at least one year;".
      Pub. L. 104-208, Sec. 321(a)(3), substituted "at least one year"
    for "is at least 5 years".
      Pub. L. 104-132, Sec. 440(e)(3), amended subpar. (N) generally.
    Prior to amendment, subpar. (N) read as follows: "an offense
    described in section 274(a)(1) of title 18, United States Code
    (relating to alien smuggling) for the purpose of commercial
    advantage;".
      Subsec. (a)(43)(O). Pub. L. 104-132, Sec. 440(e)(7), added
    subpar. (O).
      Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
      Pub. L. 104-132, Sec. 440(e)(4), amended subpar. (O) generally.
    Prior to amendment subpar. (O) read as follows: "an offense
    described in section 1546(a) of title 18 (relating to document
    fraud) which constitutes trafficking in the documents described in
    such section for which the term of imprisonment imposed (regardless
    of any suspicion of such imprisonment) is at least 5 years;".
      Subsec. (a)(43)(P). Pub. L. 104-208, Sec. 322(a)(2)(A), which
    directed amendment of subpar. (P) by striking out "imposed
    (regardless of any suspension of imprisonment)", was executed by
    striking out "imposed (regardless of any suspension of such
    imprisonment)" after "term of imprisonment" to reflect the probable
    intent of Congress.
      Pub. L. 104-208, Sec. 321(a)(9), substituted "12 months, except
    in the case of a first offense for which the alien has
    affirmatively shown that the alien committed the offense for the
    purpose of assisting, abetting, or aiding only the alien's spouse,
    child, or parent (and no other individual) to violate a provision
    of this chapter" for "18 months".
      Pub. L. 104-208, Sec. 321(a)(3), which directed amendment of
    subpar. (P) by substituting "at least one year" for "is at least 5
    years", could not be executed because "is at least 5 years" did not
    appear subsequent to amendments by Pub. L. 104-132, Sec. 440(e)(4),
    (6). See above.
      Pub. L. 104-132, Sec. 440(e)(6), redesignated subpar. (O) as (P).
    Former subpar. (P) redesignated (Q).
      Pub. L. 104-132, Sec. 440(e)(5), substituted "5 years or more;"
    for "15 years or more; and".
      Subsec. (a)(43)(Q). Pub. L. 104-132, Sec. 440(e)(6), redesignated
    subpar. (P) as (Q). Former subpar. (Q) redesignated (U).
      Subsec. (a)(43)(R). Pub. L. 104-208, Sec. 321(a)(10), substituted
    "for which the term of imprisonment is at least one year" for "for
    which a sentence of 5 years' imprisonment or more may be imposed".
      Pub. L. 104-132, Sec. 440(e)(8), added subpar. (R).
      Subsec. (a)(43)(S). Pub. L. 104-208, Sec. 321(a)(11), substituted
    "for which the term of imprisonment is at least one year" for "for
    which a sentence of 5 years' imprisonment or more may be imposed".
      Pub. L. 104-132, Sec. 440(e)(8), added subpar. (S).
      Subsec. (a)(43)(T). Pub. L. 104-132, Sec. 440(e)(8), added
    subpar. (T).
      Subsec. (a)(43)(U). Pub. L. 104-132, Sec. 440(e)(6), redesignated
    subpar. (Q) as (U).
      Subsec. (a)(47). Pub. L. 104-132, Sec. 440(b), added par. (47).
      Subsec. (a)(48). Pub. L. 104-208, Sec. 322(a)(1), added par.
    (48).
      Subsec. (a)(49). Pub. L. 104-208, Sec. 361(a), added par. (49).
      Subsec. (b)(4). Pub. L. 104-208, Sec. 371(a), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The term
    'special inquiry officer' means any immigration officer who the
    Attorney General deems specially qualified to conduct specified
    classes of proceedings, in whole or in part, required by this
    chapter to be conducted by or before a special inquiry officer and
    who is designated and selected by the Attorney General,
    individually or by regulation, to conduct such proceedings. Such
    special inquiry officer shall be subject to such supervision and
    shall perform such duties, not inconsistent with this chapter, as
    the Attorney General shall prescribe."
      Subsec. (c)(1). Pub. L. 104-208, Sec. 671(e)(2), substituted "and
    1432" for ", 1432, and 1433".
      Subsec. (f)(3). Pub. L. 104-208, Sec. 308(d)(3)(A), substituted
    "inadmissible" for "excludable".
      Subsec. (g). Pub. L. 104-208, Sec. 308(e)(3), substituted
    "deported or removed" for "deported" in two places.
      1995 - Subsec. (b)(1)(A). Pub. L. 104-51, Sec. 1(1)(A),
    substituted "child born in wedlock" for "legitimate child".
      Subsec. (b)(1)(D). Pub. L. 104-51, Sec. 1(1)(B), substituted "a
    child born out of wedlock" for "an illegitimate child".
      Subsec. (b)(2). Pub. L. 104-51, Sec. 1(2) substituted "a child
    born out of wedlock" for "an illegitimate child".
      1994 - Subsec. (a)(1). Pub. L. 103-236 substituted "official
    designated by the Secretary of State pursuant to section 1104(b) of
    this title" for "Assistant Secretary of State for Consular
    Affairs".
      Subsec. (a)(15)(S). Pub. L. 103-322 added subpar. (S).
      Subsec. (a)(27)(C)(ii)(II), (III). Pub. L. 103-416, Sec. 214,
    substituted "1997," for "1994,".
      Subsec. (a)(27)(D). Pub. L. 103-416, Sec. 201, inserted "or of
    the American Institute in Taiwan," after "Government abroad," and
    "(or, in the case of the American Institute in Taiwan, the Director
    thereof)" after "Service establishment".
      Subsec. (a)(27)(F)(ii). Pub. L. 103-337 inserted "or continues to
    be employed by the United States Government in an area of the
    former Canal Zone" after "employment".
      Subsec. (a)(27)(I)(iii)(II). Pub. L. 103-416, Sec. 202, added
    subcl. (II) and struck out former subcl. (II) which read as
    follows: "files a petition for status under this subparagraph
    before January 1, 1993, and no later than six months after the date
    of such retirement or six months after October 24, 1988, whichever
    is later; or".
      Subsec. (a)(27)(J)(i). Pub. L. 103-416, Sec. 219(a), substituted
    "or whom such a court has legally committed to, or placed under the
    custody of, an agency or department of a State and who has" for
    "and has" before "been deemed".
      Subsec. (a)(43). Pub. L. 103-416, Sec. 222(a), amended par. (43)
    generally. Prior to amendment, par. (43) read as follows: "The term
    'aggravated felony' means murder, any illicit trafficking in any
    controlled substance (as defined in section 802 of title 21),
    including any drug trafficking crime as defined in section
    924(c)(2) of title 18, or any illicit trafficking in any firearms
    or destructive devices as defined in section 921 of such title, any
    offense described in section 1956 of title 18 (relating to
    laundering of monetary instruments), or any crime of violence (as
    defined in section 16 of title 18, not including a purely political
    offense) for which the term of imprisonment imposed (regardless of
    any suspension of such imprisonment) is at least 5 years, or any
    attempt or conspiracy to commit any such act. Such term applies to
    offenses described in the previous sentence whether in violation of
    Federal or State law and also applies to offenses described in the
    previous sentence in violation of foreign law for which the term of
    imprisonment was completed within the previous 15 years."
      1991 - Subsec. (a)(15)(D)(i). Pub. L. 102-232, Sec. 309(b)(1),
    inserted a comma after "States)".
      Subsec. (a)(15)(H)(i)(b). Pub. L. 102-232, Sec. 303(a)(7)(A),
    struck out ", and had approved by," after "has filed with".
      Pub. L. 102-232, Sec. 303(a)(5)(A), inserted "subject to section
    1182(j)(2) of this title," after "or (b)".
      Pub. L. 102-232, Sec. 207(b), inserted "or as a fashion model"
    after "section 1184(i)(1) of this title" and "or, in the case of a
    fashion model, is of distinguished merit and ability" after
    "section 1184(i)(2) of this title".
      Subsec. (a)(15)(O)(i). Pub. L. 102-232, Sec. 205(b), struck out
    before semicolon at end ", but only if the Attorney General
    determines that the alien's entry into the United States will
    substantially benefit prospectively the United States".
      Subsec. (a)(15)(O)(ii)(III)(b). Pub. L. 102-232, Sec. 205(c),
    substituted "significant production (including pre- and post-
    production work)" for "significant principal photography".
      Subsec. (a)(15)(P)(i). Pub. L. 102-232, Sec. 203(a), amended cl.
    (i) generally. Prior to amendment, cl. (i) read as follows:
      "(I) performs as an athlete, individually or as part of a group
    or team, at an internationally recognized level of performance, or
    performs as part of an entertainment group that has been recognized
    internationally as being outstanding in the discipline for a
    sustained and substantial period of time and has had a sustained
    and substantial relationship with that group over a period of at
    least 1 year and provides functions integral to the performance of
    the group, and
      "(II) seeks to enter the United States temporarily and solely for
    the purpose of performing as such an athlete or entertainer with
    respect to a specific athletic competition or performance;".
      Subsec. (a)(15)(P)(ii)(II). Pub. L. 102-232, Sec. 206(b), (c)(1),
    inserted "or organizations" after "and an organization" and struck
    out before semicolon at end ", between the United States and the
    foreign states involved".
      Subsec. (a)(15)(P)(iii)(II). Pub. L. 102-232, Sec. 206(d),
    substituted "to perform, teach, or coach" for "for the purpose of
    performing" and inserted "commercial or noncommercial" before
    "program".
      Subsec. (a)(15)(Q). Pub. L. 102-232, Sec. 303(a)(14), substituted
    "approved" for "designated".
      Subsec. (a)(24). Pub. L. 102-232, Sec. 305(m)(1), struck out par.
    (24) which defined "naturalization court".
      Subsec. (a)(27)(I)(ii)(II), (iii)(II). Pub. L. 102-232, Sec.
    302(e)(8)(A), substituted "files a petition for status" for
    "applies for a visa or adjustment of status".
      Subsec. (a)(27)(K). Pub. L. 102-110 added subpar. (K).
      Subsec. (a)(43). Pub. L. 102-232, Sec. 306(a)(1), struck out
    comma before period at end of first sentence.
      Subsec. (a)(46). Pub. L. 102-232, Sec. 205(a), added par. (46).
      Subsec. (c)(1). Pub. L. 102-232, Sec. 309(b)(4), struck out
    reference to section 1434.
      1990 - Subsec. (a)(15)(D)(i). Pub. L. 101-649, Sec. 203(c),
    substituted "a capacity" for "any capacity" and inserted ", as
    defined in section 1288(a) of this title" after "on board a
    vessel".
      Subsec. (a)(15)(E)(i). Pub. L. 101-649, Sec. 204(a), inserted ",
    including trade in services or trade in technology" after
    "substantial trade".
      Subsec. (a)(15)(H). Pub. L. 101-649, Sec. 205(e)(1), struck out
    "having a residence in a foreign country which he has no intention
    of abandoning" after "an alien".
      Subsec. (a)(15)(H)(i)(a). Pub. L. 101-649, Sec. 162(f)(2)(A),
    substituted "for each facility (which facility shall include the
    petitioner and each worksite, other than a private household
    worksite, if the worksite is not the alien's employer or controlled
    by the employer) for which the alien will perform the services, or"
    for "for the facility for which the alien will perform the
    services, or".
      Subsec. (a)(15)(H)(i)(b). Pub. L. 101-649, Sec. 205(c)(1),
    substituted "who is coming temporarily to the United States to
    perform services (other than services described in subclause (a)
    during the period in which such subclause applies and other than
    services described in subclause (ii)(a) or in subparagraph (O) or
    (P)) in a specialty occupation described in section 1184(i)(1) of
    this title, who meets the requirements for the occupation specified
    in section 1184(i)(2) of this title, and with respect to whom the
    Secretary of Labor determines and certifies to the Attorney General
    that the intending employer has filed with, and had approved by,
    the Secretary an application under section 1182(n)(1) of this
    title" for "who is of distinguished merit and ability and who is
    coming temporarily to the United States to perform services (other
    than services as a registered nurse) of an exceptional nature
    requiring such merit and ability, and who, in the case of a
    graduate of a medical school coming to the United States to perform
    services as a member of the medical profession, is coming pursuant
    to an invitation from a public or nonprofit private educational or
    research institution or agency in the United States to teach or
    conduct research, or both, at or for such institution or agency".
      Subsec. (a)(15)(H)(ii). Pub. L. 101-649, Sec. 205(e)(2), (3),
    substituted "(a) having a residence in a foreign country which he
    has no intention of abandoning who is coming temporarily to the
    United States" for "who is coming temporarily to the United States
    (a)", and in subcl. (b) inserted "having a residence in a foreign
    country which he has no intention of abandoning who is coming
    temporarily to the United States" after "(b)".
      Subsec. (a)(15)(H)(iii). Pub. L. 101-649, Sec. 205(e)(4),
    inserted "having a residence in a foreign country which he has no
    intention of abandoning" after "(iii)".
      Pub. L. 101-649, Sec. 205(d), inserted ", in a training program
    that is not designed primarily to provide productive employment"
    before semicolon at end.
      Subsec. (a)(15)(L). Pub. L. 101-649, Sec. 206(c), substituted
    "within 3 years preceding" for "immediately preceding".
      Subsec. (a)(15)(O), (P). Pub. L. 101-649, Sec. 207(a), added
    subpars. (O) and (P).
      Subsec. (a)(15)(Q). Pub. L. 101-649, Sec. 208, added subpar. (Q).
      Subsec. (a)(15)(R). Pub. L. 101-649, Sec. 209(a), added subpar.
    (R).
      Subsec. (a)(27)(C). Pub. L. 101-649, Sec. 151(a), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows:
    "(i) an immigrant who continuously for at least two years
    immediately preceding the time of his application for admission to
    the United States has been, and who seeks to enter the United
    States solely for the purpose of carrying on the vocation of
    minister of a religious denomination, and whose services are needed
    by such religious denomination having a bona fide organization in
    the United States; and (ii) the spouse or the child of any such
    immigrant, if accompanying or following to join him;".
      Subsec. (a)(27)(J). Pub. L. 101-649, Sec. 153(a), added subpar.
    (J).
      Subsec. (a)(36). Pub. L. 101-649, Sec. 407(a)(2), struck out
    "(except as used in section 1421(a) of this title)" after
    "includes".
      Subsec. (a)(43). Pub. L. 101-649, Sec. 501(a)(6), inserted "and
    also applies to offenses described in the previous sentence in
    violation of foreign law for which the term of imprisonment was
    completed within the previous 15 years" after "Federal or State
    law".
      Pub. L. 101-649, Sec. 501(a)(5), inserted at end "Such term
    applies to offenses described in the previous sentence whether in
    violation of Federal or State law."
      Pub. L. 101-649, Sec. 501(a)(4), struck out "committed within the
    United States" after "to commit any such act,".
      Pub. L. 101-649, Sec. 501(a)(3), inserted "any offense described
    in section 1956 of title 18 (relating to laundering of monetary
    instruments), or any crime of violence (as defined in section 16 of
    title 18, not including a purely political offense) for which the
    term of imprisonment imposed (regardless of any suspension of such
    imprisonment) is at least 5 years," after "section 921 of such
    title,".
      Pub. L. 101-649, Sec. 501(a)(2), inserted "any illicit
    trafficking in any controlled substance (as defined in section 802
    of title 21), including" after "murder,".
      Pub. L. 101-649, Sec. 501(a)(1), aligned margin of par. (43).
      Subsec. (a)(44). Pub. L. 101-649, Sec. 123, added par. (44).
      Subsec. (a)(45). Pub. L. 101-649, Sec. 204(c), added par. (45).
      Subsec. (f)(3). Pub. L. 101-649, Sec. 603(a)(1)(A), substituted
    "paragraphs (2)(D), (6)(E), and (9)(A)" for "paragraphs (11), (12),
    and (31)".
      Pub. L. 101-649, Sec. 603(a)(1)(B), substituted "subparagraphs
    (A) and (B) of section 1182(a)(2) of this title and subparagraph
    (C) thereof" for "paragraphs (9) and (10) of section 1182(a) of
    this title and paragraph (23)".
      Subsec. (f)(8). Pub. L. 101-649, Sec. 509(a), substituted "an
    aggravated felony (as defined in subsection (a)(43) of this
    section)" for "the crime of murder".
      Subsec. (h). Pub. L. 101-649, Sec. 603(a)(1)(C), substituted
    "1182(a)(2)(E) of this title" for "1182(a)(34) of this title".
      Pub. L. 101-246 added subsec. (h).
      1989 - Subsec. (a)(15)(H)(i). Pub. L. 101-238 added subcl. (a),
    designated existing provisions as subcl. (b), and inserted "(other
    than services as a registered nurse)" after "to perform services".
      Subsec. (b)(2). Pub. L. 101-162 inserted before period at end ",
    except that, for purposes of paragraph (1)(F) (other than the
    second proviso therein) in the case of an illegitimate child
    described in paragraph (1)(D) (and not described in paragraph
    (1)(C)), the term 'parent' does not include the natural father of
    the child if the father has disappeared or abandoned or deserted
    the child or if the father has in writing irrevocably released the
    child for emigration and adoption".
      1988 - Subsec. (a)(15)(J). Pub. L. 100-525, Sec. 9(a)(1),
    substituted "Director of the United States Information Agency" for
    "Secretary of State".
      Subsec. (a)(27)(I)(i)(II), (ii)(II), (iii)(II). Pub. L. 100-525,
    Sec. 2(o)(1), substituted "October 24, 1988" for "November 6, 1986"
    and "applies for a visa or adjustment of status" for "applies for
    admission".
      Subsec. (a)(38). Pub. L. 100-525, Sec. 9(a)(2), struck out "For
    the purpose of issuing certificates of citizenship to persons who
    are citizens of the United States, the term 'United States' as used
    in section 1452 of this title includes the Canal Zone."
      Subsec. (a)(43). Pub. L. 100-690 added par. (43).
      Subsec. (b)(2). Pub. L. 100-459, temporarily inserted before
    period at end ", except that, for purposes of paragraph (1)(F) in
    the case of an illegitimate child described in paragraph (1)(D)
    (and not described in paragraph (1)(C)), the term 'parent' does not
    include the natural father of the child if the father has
    disappeared or abandoned or deserted the child or if the father has
    in writing irrevocably released the child for emigration and
    adoption". See Effective and Termination Dates of 1988 Amendments
    note below.
      Subsec. (c)(1). Pub. L. 100-525, Sec. 8(b), repealed Pub. L. 99-
    653, Sec. 3. See 1986 Amendment note below.
      Subsec. (d). Pub. L. 100-525, Sec. 9(a)(3), struck out subsec.
    (d) defining "veteran", "Spanish-American War", "World War I",
    "World War II", and "Korean hostilities" as those terms were used
    in part III of subchapter III of this chapter.
      1986 - Subsec. (a)(15)(D). Pub. L. 99-505 designated existing
    provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(15)(H). Pub. L. 99-603, Sec. 301(a), designated
    existing provisions of cl. (ii) as subcl. (b) and added subcl. (a)
    relating to persons performing agricultural labor or services as
    defined by the Secretary of Labor in regulations and including
    agricultural labor as defined in section 3121(g) of title 26 and
    agriculture as defined in section 203(f) of title 29 of a temporary
    or seasonal nature.
      Subsec. (a)(15)(N). Pub. L. 99-603, Sec. 312(b), added subpar.
    (N).
      Subsec. (a)(27)(I). Pub. L. 99-603, Sec. 312(a), added subpar.
    (I).
      Subsec. (b)(1)(D). Pub. L. 99-603, Sec. 315(a), inserted "or to
    its natural father if the father has or had a bona fide parent-
    child relationship with the person".
      Subsec. (b)(1)(E). Pub. L. 99-653, Sec. 2, struck out
    "thereafter" after "the child has".
      Subsec. (c)(1). Pub. L. 99-653, Sec. 3, which struck out par. (1)
    defining "child", was repealed by Pub. L. 100-525, Sec. 8(b), and
    such par. (1) was revived as of Nov. 14, 1986, see Repeal and
    Revival note below.
      1984 - Subsec. (a)(9). Priv. L. 98-47 struck out provisions which
    directed that in Canal Zone and outlying possessions of the United
    States "consular officer" meant an officer designated by the
    Governor of the Canal Zone, or the governors of the outlying
    possessions for purposes of issuing immigrant or nonimmigrant visas
    under this chapter.
      1981 - Subsec. (a)(15)(F). Pub. L. 97-116, Secs. 2(a)(1),
    18(a)(1), substituted in cl. (i) "college, university, seminary,
    conservatory, academic high school, elementary school, or other
    academic institution or in a language training program" for
    "institution of learning or other recognized place of study", and
    "Secretary of Education" for "Office of Education of the United
    States".
      Subsec. (a)(15)(H), (J), (K), (L). Pub. L. 97-116, Sec. 18(a)(2),
    substituted a semicolon for a period at end of subpars. (H), (J),
    (K), and (L) and inserted "or" at end of subpar. (L).
      Subsec. (a)(15)(M). Pub. L. 97-116, Sec. 2(a)(2), added subpar.
    (M).
      Subsec. (a)(27)(H). Pub. L. 97-116, Sec. 5(d)(1), added subpar.
    (H).
      Subsec. (a)(33). Pub. L. 97-116, Sec. 18(a)(3), struck out
    provision that residence be considered continuous for the purposes
    of sections 1482 and 1484 of this title where there is a continuity
    of stay but not necessarily an uninterrupted physical presence in a
    foreign state or states or outside the United States.
      Subsec. (b)(1)(A), (B). Pub. L. 97-116, Sec. 18(a)(5)(A), struck
    out "or" at the end.
      Subsec. (b)(1)(C). Pub. L. 97-116, Sec. 18(a)(5)(B), substituted
    a semicolon for the period at end.
      Subsec. (b)(1)(E). Pub. L. 97-116, Secs. 2(b), 18(a)(5)(C),
    substituted "sixteen" for "fourteen", and "; or" for the period at
    the end.
      Subsec. (b)(1)(F). Pub. L. 97-116, Sec. 2(b), substituted
    "sixteen" for "fourteen".
      Subsec. (f). Pub. L. 97-116, Sec. 2(c), struck out par. (2) which
    provided that a person not be considered a person of good moral
    character if within the period for which good moral character is
    required to be established the person commits adultery, and
    substituted in par. (3) "paragraphs (9) and (10) of section 1182(a)
    of this title and paragraph (23) of such section (except as such
    paragraph relates to a single offense of simple possession of 30
    grams or less of marihuana)" for "paragraphs (9), (10), and (23) of
    section 1182(a) of this title".
      1980 - Subsec. (a)(42). Pub. L. 96-212 added par. (42).
      1979 - Subsec. (a)(27)(E) to (G). Pub. L. 96-70 added subpars.
    (E) to (G).
      1977 - Subsec. (a)(1). Pub. L. 95-105 substituted "Assistant
    Secretary of State for Consular Affairs" for "administrator of the
    Bureau of Security and Consular Affairs of the Department of
    State".
      Subsec. (a)(41). Pub. L. 95-83 inserted "a" after "graduates of"
    and ", other than such aliens who are of national or international
    renown in the field of medicine" after "in a foreign state".
      1976 - Subsec. (a)(15)(H)(i). Pub. L. 94-484, Sec. 601(b)(1),
    inserted ", and who, in the case of a graduate of a medical school
    coming to the United States to perform services as a member of the
    medical profession, is coming pursuant to an invitation from a
    public or nonprofit private educational or research institution or
    agency in the United States to teach or conduct research, or both,
    at or for such institution or agency".
      Subsec. (a)(15)(H)(ii). Pub. L. 94-484, Sec. 601(b)(2), inserted
    ", but this clause shall not apply to graduates of medical schools
    coming to the United States to perform services as members of the
    medical profession".
      Subsec. (a)(15)(H)(iii). Pub. L. 94-484, Sec. 601(b)(3), inserted
    ", other than to receive graduate medical education or training".
      Subsec. (a)(15)(J). Pub. L. 94-484, Sec. 601(b)(4), inserted "and
    who, if he is coming to the United States to participate in a
    program under which he will receive graduate medical education or
    training, also meets the requirements of section 1182(j) of this
    title".
      Subsec. (a)(27). Pub. L. 94-571 struck out subpar. (A) provision
    defining term "special immigrant" to include an immigrant born in
    any independent foreign country of the Western Hemisphere or in the
    Canal Zone and the spouse and children of any such immigrant, if
    accompanying, or following to join him and restricting issuance of
    an immigrant visa until consular officer was in receipt of a
    determination made by the Secretary of Labor pursuant to former
    provisions of section 1182(a)(14) of this title; and redesignated
    as subpars. (A) to (D) former subpars. (B) to (E).
      Subsec. (a)(41). Pub. L. 94-484, Sec. 601(e), added par. (41).
      1975 - Subsec. (b)(1)(F). Pub. L. 94-155 provided for adoption of
    alien children under the age of fourteen by unmarried United States
    citizens who are at least twenty-five years of age and inserted
    requirement that before adoption the Attorney General be satisfied
    that proper care will be provided the child after admission.
      1970 - Subsec. (a)(15)(H). Pub. L. 91-225, Sec. 1(a), provided
    for nonimmigrant alien status for alien spouse and minor children
    of any alien specified in par. (H) if accompanying him or following
    to join him and struck out "temporary", "other", and "industrial"
    before "services", "temporary services", and "trainee" in cls. (i)
    to (iii), respectively.
      Subsec. (a)(15)(K), (L). Pub. L. 91-225, Sec. 1(b), added
    subpars. (K) and (L).
      1966 - Subsec. (a)(38). Pub. L. 89-710 inserted sentence
    providing that term "United States" as used in section 1452 of this
    title, for the purpose of issuing certificates of citizenship to
    persons who are citizens of the United States, shall include the
    Canal Zone.
      1965 - Subsec. (a)(27). Pub. L. 89-236, Sec. 8(a), substituted
    "special immigrant" for "nonquota immigrant" as term being defined.
      Subsec. (a)(32). Pub. L. 89-236, Sec. 8(b), substituted term
    "profession" and its definition for term "quota immigrant" and its
    definition.
      Subsec. (b)(1)(F). Pub. L. 89-236, Sec. 8(c), expanded definition
    to include a child, under the age of 14 at the time a petition is
    filed in his behalf to accord a classification as an immediate
    relative or who is an orphan because of the death or disappearance
    of, abandonment or desertion by, or separation or loss from, both
    parents, or for whom the sole or surviving parent is incapable of
    providing the proper care which will be provided the child if
    admitted to the United States and who has in writing irrevocably
    released the child for emigration and adoption, and made minor
    amendments in the existing definition.
      Subsec. (b)(6). Pub. L. 89-236, Sec. 24, struck out par. (6)
    which defined term "eligible orphan".
      1961 - Subsec. (a)(15). Pub. L. 87-256 included the alien spouse
    and minor children of any such alien if accompanying him or
    following to join him in subpar. (F), and added subpar. (J).
      Subsec. (b)(1)(F). Pub. L. 87-301, Sec. 2, added subpar. (F).
      Subsec. (b)(6). Pub. L. 87-301, Sec. 1, added par. (6).
      Subsec. (d)(1). Pub. L. 87-301, Sec. 7(a), inserted "or from June
    25, 1950, to July 1, 1955,".
      Subsec. (d)(2). Pub. L. 87-301, Sec. 7(b), inserted definition of
    "Korean hostilities".
      1959 - Subsec. (a)(36). Pub. L. 86-3 struck out reference to
    Hawaii.
      1958 - Subsec. (a)(36). Pub. L. 85-508 struck out reference to
    Alaska.
      1957 - Subsec. (b)(1). Pub. L. 85-316 inserted "whether or not
    born out of wedlock" in subpar. (B), and added subpars. (D) and
    (E).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-162, title VIII, Sec. 822(c)(2), Jan. 5, 2006, 119
    Stat. 3063, provided that: "The amendment made by paragraph (1)
    [amending this section] shall be effective as if included in
    section 603(a)(1) of the Immigration Act of 1990 (Public Law 101-
    649; 104 Stat. 5082)."

            EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS        
      Pub. L. 108-99, Sec. 2, Oct. 15, 2003, 117 Stat. 1176, provided
    that: "The amendment made by section 1 [amending this section]
    shall take effect on October 1, 2003."
      Amendment by Pub. L. 108-77 effective on the date the United
    States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
    and ceases to be effective on the date the Agreement ceases to be
    in force, see section 107 of Pub. L. 108-77, set out in a note
    under section 3805 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(e)], Dec. 21,
    2000, 114 Stat. 2762, 2762A-144, provided that: "The amendments
    made by this section [amending this section and sections 1184 and
    1255 of this title] shall take effect on the date of the enactment
    of this Act [Dec. 21, 2000] and shall apply to an alien who is the
    beneficiary of a classification petition filed under section 204 of
    the Immigration and Nationality Act [8 U.S.C. 1154] on or before
    the date of the enactment of this Act."
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(d)], Dec. 21,
    2000, 114 Stat. 2762, 2762A-146, provided that: "The amendments
    made by this section [amending this section and sections 1184,
    1186a, and 1255 of this title] shall take effect on the date of the
    enactment of this Act [Dec. 21, 2000] and shall apply to an alien
    who is the beneficiary of a classification petition filed under
    section 204 of the Immigration and Nationality Act [8 U.S.C. 1154]
    before, on, or after the date of the enactment of this Act."
      Pub. L. 106-409, Sec. 2(b), Nov. 1, 2000, 114 Stat. 1787,
    provided that: "The amendment made by subsection (a) [amending this
    section] shall take effect on October 1, 2000."
      Pub. L. 106-395, title II, Sec. 201(a)(2), Oct. 30, 2000, 114
    Stat. 1633, provided that: "The amendment made by paragraph (1)
    [amending this section] shall be effective as if included in the
    enactment of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546)
    and shall apply to individuals having an application for a benefit
    under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
    pending on or after September 30, 1996."
      Amendment by Pub. L. 106-279 effective upon entry into force for
    the United States of the Convention on Protection of Children and
    Co-operation in Respect of Intercountry Adoption, pursuant to
    Article 46(2)(a) of the Convention, with transition rule, see
    section 505(a)(2), (b) of Pub. L. 106-279, set out as an Effective
    Dates; Transition Rule note under section 14901 of Title 42, The
    Public Health and Welfare.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-95 applicable to classification
    petitions filed for nonimmigrant status only beginning on the date
    that interim or final regulations are first promulgated and ending
    on the date 3 years after Dec. 20, 2006, see section 2(e) of Pub.
    L. 106-95, as amended, set out as a note under section 1182 of this
    title.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 2(e)(2) of Pub. L. 105-319 effective Oct. 1,
    2008, see section 2(e)(2) of Pub. L. 105-319, set out in an Irish
    Peace Process Cultural and Training Program note below.

                     EFFECTIVE DATE OF 1997 AMENDMENTS                 
      Pub. L. 105-139, Sec. 1(f), Dec. 2, 1997, 111 Stat. 2645,
    provided that: "The amendments made by this section [amending
    provisions set out as notes under this section and sections 1151,
    1153, and 1255 of this title] - 
        "(1) shall take effect upon the enactment of the Nicaraguan
      Adjustment and Central American Relief Act [title II of Pub. L.
      105-100, approved Nov. 19, 1997] (as contained in the District of
      Columbia Appropriations Act, 1998); and
        "(2) shall be effective as if included in the enactment of such
      Act."
      Section 1(b) of Pub. L. 105-54 provided that: "The amendment made
    by subsection (a) [amending this section] shall take effect on the
    date of the enactment of this Act [Oct. 6, 1997]."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Pub. L. 104-208, div. C, title I, Sec. 104(b), Sept. 30, 1996,
    110 Stat. 3009-556, as amended by Pub. L. 105-277, div. A, Sec.
    101(b) [title IV, Sec. 410(c)], Oct. 21, 1998, 112 Stat. 2681-50,
    2681-104; Pub. L. 107-173, title VI, Sec. 601, May 14, 2002, 116
    Stat. 564, provided that:
      "(1) Clause a. - Clause (A) of the sentence added by the
    amendment made by subsection (a) [amending this section] shall
    apply to documents issued on or after 18 months after the date of
    the enactment of this Act [Sept. 30, 1996].
      "(2) Clause b. - Clause (B) of such sentence shall apply to cards
    presented on or after 6 years after the date of the enactment of
    this Act."
      Section 309 of title III of div. C of Pub. L. 104-208, as amended
    by Pub. L. 104-302, Sec. 2(2), (3), Oct. 11, 1996, 110 Stat. 3657;
    Pub. L. 105-100, title II, Secs. 203(a)-(c), 204(d), Nov. 19, 1997,
    111 Stat. 2196-2199, 2201; Pub. L. 105-139, Sec. 1(c), Dec. 2,
    1997, 111 Stat. 2644; Pub. L. 106-386, div. B, title V, Secs.
    1506(b)(3), 1510(b), Oct. 28, 2000, 114 Stat. 1527, 1531; Pub. L.
    106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(c)], Dec. 21,
    2000, 114 Stat. 2763, 2763A-327, provided that:
      "(a) In General. - Except as provided in this section and
    sections 303(b)(2), 306(c), 308(d)(2)(D), or 308(d)(5) of this
    division [amending sections 1225, 1227, and 1251 of this title,
    enacting provisions set out as notes under sections 1225, 1226,
    1227, and 1252 of this title, and repealing provisions set out as a
    note under section 1225 of this title], this subtitle [subtitle A
    (Secs. 301-309) of title III of div. C of Pub. L. 104-208, see
    Tables for classification] and the amendments made by this subtitle
    shall take effect on the first day of the first month beginning
    more than 180 days after the date of the enactment of this Act
    [Sept. 30, 1996] (in this title [see Tables for classification]
    referred to as the 'title III-A effective date').
      "(b) Promulgation of Regulations. - The Attorney General shall
    first promulgate regulations to carry out this subtitle by not
    later than 30 days before the title III-A effective date.
      "(c) Transition for Certain Aliens. - 
        "(1) General rule that new rules do not apply. - Subject to the
      succeeding provisions of this subsection, in the case of an alien
      who is in exclusion or deportation proceedings before the title
      III-A effective date - 
          "(A) the amendments made by this subtitle shall not apply,
        and
          "(B) the proceedings (including judicial review thereof)
        shall continue to be conducted without regard to such
        amendments.
        "(2) Attorney general option to elect to apply new procedures. -
       In a case described in paragraph (1) in which an evidentiary
      hearing under section 236 or 242 and 242B of the Immigration and
      Nationality Act [8 U.S.C. 1226, 1252, former 1252b] has not
      commenced as of the title III-A effective date, the Attorney
      General may elect to proceed under chapter 4 of title II of such
      Act [8 U.S.C. 1221 et seq.] (as amended by this subtitle). The
      Attorney General shall provide notice of such election to the
      alien involved not later than 30 days before the date any
      evidentiary hearing is commenced. If the Attorney General makes
      such election, the notice of hearing provided to the alien under
      section 235 or 242(a) of such Act [8 U.S.C. 1225, 1252(a)] shall
      be valid as if provided under section 239 of such Act [8 U.S.C.
      1229] (as amended by this subtitle) to confer jurisdiction on the
      immigration judge.
        "(3) Attorney general option to terminate and reinitiate
      proceedings. - In the case described in paragraph (1), the
      Attorney General may elect to terminate proceedings in which
      there has not been a final administrative decision and to
      reinitiate proceedings under chapter 4 of title II [of] the
      Immigration and Nationality Act [8 U.S.C. 1221 et seq.] (as
      amended by this subtitle). Any determination in the terminated
      proceeding shall not be binding in the reinitiated proceeding.
        "(4) Transitional changes in judicial review. - In the case in
      which a final order of exclusion or deportation is entered more
      than 30 days after the date of the enactment of this Act [Sept.
      30, 1996], notwithstanding any provision of section 106 of the
      Immigration and Nationality Act [former 8 U.S.C. 1105a] (as in
      effect as of the date of the enactment of this Act) to the
      contrary - 
          "(A) in the case of judicial review of a final order of
        exclusion, subsection (b) of such section shall not apply and
        the action for judicial review shall be governed by the
        provisions of subsections (a) and (c) of such [section] in the
        same manner as they apply to judicial review of orders of
        deportation;
          "(B) a court may not order the taking of additional evidence
        under section 2347(c) of title 28, United States Code;
          "(C) the petition for judicial review must be filed not later
        than 30 days after the date of the final order of exclusion or
        deportation;
          "(D) the petition for review shall be filed with the court of
        appeals for the judicial circuit in which the administrative
        proceedings before the special inquiry officer or immigration
        judge were completed;
          "(E) there shall be no appeal of any discretionary decision
        under section 212(c), 212(h), 212(i), 244, or 245 of the
        Immigration and Nationality Act [8 U.S.C. former 1182(c),
        1182(h), (i), former 1254, 1255] (as in effect as of the date
        of the enactment of this Act [Sept. 30, 1996]);
          "(F) service of the petition for review shall not stay the
        deportation of an alien pending the court's decision on the
        petition, unless the court orders otherwise; and
          "(G) there shall be no appeal permitted in the case of an
        alien who is inadmissible or deportable by reason of having
        committed a criminal offense covered in section 212(a)(2) or
        section 241(a)(2)(A)(iii), (B), (C), or (D) of the Immigration
        and Nationality Act [8 U.S.C. 1182(a)(2), former
        1251(a)(2)(A)(iii), (B), (C), (D)] (as in effect as of the date
        of the enactment of this Act), or any offense covered by
        section 241(a)(2)(A)(ii) of such Act (as in effect on such
        date) for which both predicate offenses are, without regard to
        their date of commission, otherwise covered by section
        241(a)(2)(A)(i) of such Act (as so in effect).
        "(5) Transitional rules with regard to suspension of
      deportation. - 
          "(A) In general. - Subject to subparagraphs (B) and (C),
        paragraphs (1) and (2) of section 240A(d) of the Immigration
        and Nationality Act [8 U.S.C. 1229b(d)(1), (2)] (relating to
        continuous residence or physical presence) shall apply to
        orders to show cause (including those referred to in section
        242B(a)(1) of the Immigration and Nationality Act [former 8
        U.S.C. 1252b(a)(1)], as in effect before the title III-A
        effective date), issued before, on, or after the date of the
        enactment of this Act [Sept. 30, 1996].
          "(B) Exception for certain orders. - In any case in which the
        Attorney General elects to terminate and reinitiate proceedings
        in accordance with paragraph (3) of this subsection, paragraphs
        (1) and (2) of section 240A(d) of the Immigration and
        Nationality Act [8 U.S.C. 1229b(d)(1), (2)] shall not apply to
        an order to show cause issued before April 1, 1997.
          "(C) Special rule for certain aliens granted temporary
        protection from deportation and for battered spouses and
        children. - 
            "(i) In general. - For purposes of calculating the period
          of continuous physical presence under section 244(a) of the
          Immigration and Nationality Act [former 8 U.S.C. 1254(a)] (as
          in effect before the title III-A effective date) or section
          240A of such Act [8 U.S.C. 1229b] (as in effect after the
          title III-A effective date), subparagraph (A) of this
          paragraph and paragraphs (1) and (2) of section 240A(d) of
          the Immigration and Nationality Act shall not apply in the
          case of an alien, regardless of whether the alien is in
          exclusion or deportation proceedings before the title III-A
          effective date, who has not been convicted at any time of an
          aggravated felony (as defined in section 101(a) of the
          Immigration and Nationality Act [8 U.S.C. 1101(a)]) and - 
         "(I) was not apprehended after December 19, 1990, at the time
          of entry, and is - 
              "(aa) a Salvadoran national who first entered the United
            States on or before September 19, 1990, and who registered
            for benefits pursuant to the settlement agreement in
            American Baptist Churches, et al. v. Thornburgh (ABC), 760
            F. Supp. 796 (N.D. Cal. 1991) on or before October 31,
            1991, or applied for temporary protected status on or
            before October 31, 1991; or
              "(bb) a Guatemalan national who first entered the United
            States on or before October 1, 1990, and who registered for
            benefits pursuant to such settlement agreement on or before
            December 31, 1991;
         "(II) is a Guatemalan or Salvadoran national who filed an
          application for asylum with the Immigration and
          Naturalization Service on or before April 1, 1990;
         "(III) is the spouse or child (as defined in section 101(b)(1)
          of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)])
          of an individual, at the time a decision is rendered to
          suspend the deportation, or cancel the removal, of such
          individual, if the individual has been determined to be
          described in this clause (excluding this subclause and
          subclause (IV));
         "(IV) is the unmarried son or daughter of an alien parent, at
          the time a decision is rendered to suspend the deportation,
          or cancel the removal, of such alien parent, if - 
              "(aa) the alien parent has been determined to be
            described in this clause (excluding this subclause and
            subclause (III)); and
              "(bb) in the case of a son or daughter who is 21 years of
            age or older at the time such decision is rendered, the son
            or daughter entered the United States on or before October
            1, 1990;
         "(V) is an alien who entered the United States on or before
          December 31, 1990, who filed an application for asylum on or
          before December 31, 1991, and who, at the time of filing such
          application, was a national of the Soviet Union, Russia, any
          republic of the former Soviet Union, Latvia, Estonia,
          Lithuania, Poland, Czechoslovakia, Romania, Hungary,
          Bulgaria, Albania, East Germany, Yugoslavia, or any state of
          the former Yugoslavia; or
         "(VI) is an alien who was issued an order to show cause or was
          in deportation proceedings before April 1, 1997, and who
          applied for suspension of deportation under section 244(a)(3)
          of the Immigration and Nationality Act [former 8 U.S.C.
          1254(a)(3)] (as in effect before the date of the enactment of
          this Act [Sept. 30, 1996]); or
         "(VII)(aa) was the spouse or child of an alien described in
          subclause (I), (II), or (V) - 
              "(AA) at the time at which a decision is rendered to
            suspend the deportation or cancel the removal of the alien;
              "(BB) at the time at which the alien filed an application
            for suspension of deportation or cancellation of removal;
            or
              "(CC) at the time at which the alien registered for
            benefits under the settlement agreement in American Baptist
            Churches, et. al. v. Thornburgh (ABC), applied for
            temporary protected status, or applied for asylum; and
         "(bb) the spouse, child, or child of the spouse has been
          battered or subjected to extreme cruelty by the alien
          described in subclause (I), (II), or (V).
            "(ii) Limitation on judicial review. - A determination by
          the Attorney General as to whether an alien satisfies the
          requirements of clause (i) is final and shall not be subject
          to review by any court. Nothing in the preceding sentence
          shall be construed as limiting the application of section
          242(a)(2)(B) of the Immigration and Nationality Act [8 U.S.C.
          1252(a)(2)(B)] (as in effect after the title III-A effective
          date) to other eligibility determinations pertaining to
          discretionary relief under this Act [probably should be
          "division", see Short Title of 1996 Amendment note below].
            "(iii) Consideration of petitions. - In acting on a
          petition filed under subclause (VII) of clause (i) the
          provisions set forth in section 204(a)(1)(H) [probably means
          section 204(a)(1)(H) of the Immigration and Nationality Act,
          which is classified to section 1154(a)(1)(H) of this title]
          shall apply.
            "(iv) Residence with spouse or parent not required. - For
          purposes of the application of clause (i)(VII), a spouse or
          child shall not be required to demonstrate that he or she is
          residing with the spouse or parent in the United States.
        "(6) Transition for certain family unity aliens. - The Attorney
      General may waive the application of section 212(a)(9) of the
      Immigration and Nationality Act [8 U.S.C. 1182(a)(9)], as
      inserted by section 301(b)(1) of this division, in the case of an
      alien who is provided benefits under the provisions of section
      301 of the Immigration Act of 1990 [Pub. L. 101-649, set out as a
      note under section 1255a of this title] (relating to family
      unity).
        "(7) Limitation on suspension of deportation. - After April 1,
      1997, the Attorney General may not suspend the deportation and
      adjust the status under section 244 of the Immigration and
      Nationality Act [former 8 U.S.C. 1254] (as in effect before the
      title III-A effective date) of any alien in any fiscal year,
      except in accordance with section 240A(e) of such Act [8 U.S.C.
      1229b(e)]. The previous sentence shall apply regardless of when
      an alien applied for such suspension and adjustment.
      "(d) Transitional References. - For purposes of carrying out the
    Immigration and Nationality Act [8 U.S.C. 1101 et seq.], as amended
    by this subtitle - 
        "(1) any reference in section 212(a)(1)(A) of such Act [8
      U.S.C. 1182(a)(1)(A)] to the term 'inadmissible' is deemed to
      include a reference to the term 'excludable', and
        "(2) any reference in law to an order of removal shall be
      deemed to include a reference to an order of exclusion and
      deportation or an order of deportation.
      "(e) Transition. - No period of time before the date of the
    enactment of this Act [Sept. 30, 1996] shall be included in the
    period of 1 year described in section 212(a)(6)(B)(i) of the
    Immigration and Nationality Act [8 U.S.C. 1182(a)(6)(B)(i)] (as
    amended by section 301(c) of this division).
      "(f) Special Rule for Cancellation of Removal. - 
        "(1) In general. - Subject to the provisions of the Immigration
      and Nationality Act [8 U.S.C. 1101 et seq.] (as in effect after
      the title III-A effective date), other than subsections (b)(1),
      (d)(1), and (e) of section 240A of such Act [8 U.S.C.
      1229b(b)(1), (d)(1), (e)] (but including section 242(a)(2)(B) of
      such Act [8 U.S.C. 1252(a)(2)(B)]), the Attorney General may,
      under section 240A of such Act, cancel removal of, and adjust to
      the status of an alien lawfully admitted for permanent residence,
      an alien who is inadmissible or deportable from the United
      States, if the alien applies for such relief, the alien is
      described in subsection (c)(5)(C)(i) of this section, and - 
          "(A) the alien - 
            "(i) is not inadmissible or deportable under paragraph (2)
          or (3) of section 212(a) or paragraph (2), (3), or (4) of
          section 237(a) of the Immigration and Nationality Act [8
          U.S.C. 1182(a)(2), (3), 1227(a)(3), (4)] and is not an alien
          described in section 241(b)(3)(B)(i) of such Act [8 U.S.C.
          1231(b)(3)(B)(i)];
            "(ii) has been physically present in the United States for
          a continuous period of not less than 7 years immediately
          preceding the date of such application;
            "(iii) has been a person of good moral character during
          such period; and
            "(iv) establishes that removal would result in extreme
          hardship to the alien or to the alien's spouse, parent, or
          child, who is a citizen of the United States or an alien
          lawfully admitted for permanent residence; or
          "(B) the alien - 
            "(i) is inadmissible or deportable under section 212(a)(2),
          237(a)(2) (other than 237(a)(2)(A)(iii)), or 237(a)(3) of the
          Immigration and Nationality Act [8 U.S.C. 1182(a)(2),
          1227(a)(2), (3)];
            "(ii) is not an alien described in section 241(b)(3)(B)(i)
          or 101(a)(43) of such Act [8 U.S.C. 1231(b)(3)(B)(i),
          1101(a)(43)];
            "(iii) has been physically present in the United States for
          a continuous period of not less than 10 years immediately
          following the commission of an act, or the assumption of a
          status, constituting a ground for removal;
            "(iv) has been a person of good moral character during such
          period; and
            "(v) establishes that removal would result in exceptional
          and extremely unusual hardship to the alien or to the alien's
          spouse, parent, or child, who is a citizen of the United
          States or an alien lawfully admitted for permanent residence.
        "(2) Treatment of certain breaks in presence. - Section
      240A(d)(2) [8 U.S.C. 1229b(d)(2)] shall apply for purposes of
      calculating any period of continuous physical presence under this
      subsection, except that the reference to subsection (b)(1) in
      such section shall be considered to be a reference to paragraph
      (1) of this section.
      "(g) Motions To Reopen Deportation or Removal Proceedings. -
    Notwithstanding any limitation imposed by law on motions to reopen
    removal or deportation proceedings (except limitations premised on
    an alien's conviction of an aggravated felony (as defined in
    section 101(a) of the Immigration and Nationality Act [8 U.S.C.
    1101(a)])), any alien who has become eligible for cancellation of
    removal or suspension of deportation as a result of the amendments
    made by section 203 of the Nicaraguan Adjustment and Central
    American Relief Act [Pub. L. 105-100, amending this note] may file
    one motion to reopen removal or deportation proceedings to apply
    for cancellation of removal or suspension of deportation. The
    Attorney General shall designate a specific time period in which
    all such motions to reopen are required to be filed. The period
    shall begin not later than 60 days after the date of the enactment
    of the Nicaraguan Adjustment and Central American Relief Act [Nov.
    19, 1997] and shall extend for a period not to exceed 240 days.
      "(h) Relief and Motions to Reopen. - 
        "(1) Relief. - An alien described in subsection (c)(5)(C)(i)
      who is otherwise eligible for - 
          "(A) suspension of deportation pursuant to section 244(a) of
        the Immigration and Nationality Act [8 U.S.C. 1254a(a)], as in
        effect before the title III-A effective date; or
          "(B) cancellation of removal, pursuant to section 240A(b) of
        the Immigration and Nationality Act [8 U.S.C. 1229b(b)] and
        subsection (f) of this section;
      shall not be barred from applying for such relief by operation of
      section 241(a)(5) of the Immigration and Nationality Act [8
      U.S.C. 1231(a)(5)], as in effect after the title III-A effective
      date.
        "(2) Additional motion to reopen permitted. - Notwithstanding
      any limitation imposed by law on motions to reopen removal or
      deportation proceedings (except limitations premised on an
      alien's conviction of an aggravated felony (as defined by section
      101(a) of the Immigration and Nationality Act [8 U.S.C.
      1101(a)])), any alien who is described in subsection (c)(5)(C)(i)
      and who has become eligible for cancellation of removal or
      suspension of deportation as a result of the enactment of
      paragraph (1) may file one motion to reopen removal or
      deportation proceedings in order to apply for cancellation of
      removal or suspension of deportation. The scope of any proceeding
      reopened on this basis shall be limited to a determination of the
      alien's eligibility for cancellation of removal or suspension of
      deportation. The Attorney General shall designate a specific time
      period in which all such motions to reopen are required to be
      filed. The period shall begin not later than 60 days after the
      date of the enactment of this subsection [Dec. 21, 2000] and
      shall extend for a period not to exceed 240 days.
        "(3) Construction. - Nothing in this subsection shall preclude
      an alien from filing a motion to reopen pursuant to section
      240(b)(5)(C)(ii) of the Immigration and Nationality Act [8 U.S.C.
      1229a(b)(5)(C)(ii)], or section 242B(c)(3)(B) of such Act [8
      U.S.C. 1252b(c)(3)(B)] (as in effect before the title III-A
      effective date)."
      [Pub. L. 106-386, div. B, title V, Sec. 1506(b)(4), Oct. 28,
    2000, 114 Stat. 1528, provided that: "The amendments made by
    paragraph (3) [amending section 309 of Pub. L. 104-208, div. C, set
    out above] shall take effect as if included in the enactment of
    section 309 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 [Pub. L. 104-208] (8 U.S.C. 1101
    note)."]
      [Pub. L. 106-386, div. B, Sec. 1510(c), Oct. 28, 2000, 114 Stat.
    1532, provided that: "The amendments made by subsections (a)
    [amending section 202 of Pub. L. 105-100, set out as a note under
    section 1255 of this title] and (b) [amending section 309 of Pub.
    L. 104-208, div. C, set out above] shall be effective as if
    included in the Nicaraguan Adjustment and Central American Relief
    Act (8 U.S.C. 1255 note; Public Law 105-100, as amended)."]
      [Section 203(f) of Pub. L. 105-100 provided that: "The amendments
    made by this section to the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 [amending section 309 of Pub.
    L. 104-208, div. C, set out above] shall take effect as if included
    in the enactment of such Act."]
      [Section 2 of Pub. L. 104-302 provided that the amendment made by
    that section to section 309 of Pub. L. 104-208, set out above, is
    effective Sept. 30, 1996.]
      Section 321(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section] shall apply
    to actions taken on or after the date of the enactment of this Act
    [Sept. 30, 1996], regardless of when the conviction occurred, and
    shall apply under section 276(b) of the Immigration and Nationality
    Act [8 U.S.C. 1326(b)] only to violations of section 276(a) of such
    Act occurring on or after such date."
      Section 322(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section and
    section 1182 of this title] shall apply to convictions and
    sentences entered before, on, or after the date of the enactment of
    this Act [Sept. 30, 1996]. Subparagraphs (B) and (C) of section
    240(c)(3) of the Immigration and Nationality Act [8 U.S.C.
    1229a(c)(3)(B), (C)], as inserted by section 304(a)(3) of this
    division, shall apply to proving such convictions."
      Section 361(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall take
    effect on the date of the enactment of this Act [Sept. 30, 1996]."
      Section 371(d)(1) of div. C of Pub. L. 104-208 provided that:
    "Subsections (a) and (b) [amending this section and sections 1105a,
    1159, 1224, 1225, 1226, 1252, 1252b, 1323, and 1362 of this title]
    shall take effect on the date of the enactment of this Act [Sept.
    30, 1996]."
      Section 591 of title V of div. C of Pub. L. 104-208 provided
    that: "Except as provided in this title [enacting sections 1369 to
    1371 and 1623 and 1624 of this title, amending sections 1182, 1183,
    1183a, 1612, 1631, 1632, 1641, and 1642 of this title, section 506
    of Title 18, Crimes and Criminal Procedure, section 1091 of Title
    20, Education, and sections 402, 1320b-7, and 1436a of Title 42,
    The Public Health and Welfare, enacting provisions set out as notes
    under this section, sections 1182, 1183a, 1611, 1612, and 1621 of
    this title, and sections 402 and 1436a of Title 42, and repealing
    provisions set out as a note under section 1183a of this title],
    this title and the amendments made by this title shall take effect
    on the date of the enactment of this Act [Sept. 30, 1996]."
      Section 625(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section and
    section 1184 of this title] shall apply to individuals who obtain
    the status of a nonimmigrant under section 101(a)(15)(F) of the
    Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(F)] after the
    end of the 60-day period beginning on the date of the enactment of
    this Act [Sept. 30, 1996], including aliens whose status as such a
    nonimmigrant is extended after the end of such period."
      Section 671(a)(7) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by this subsection [amending this section,
    sections 1184, 1251, 1255, 1258, and 1324 of this title, and
    provisions set out as a note under section 1252 of this title]
    shall be effective as if included in the enactment of the VCCLEA
    [Pub. L. 103-322]."
      Section 671(b)(14) of div. C of Pub. L. 104-208 provided that:
    "Except as otherwise provided in this subsection [amending this
    section and sections 1252a, 1255b, 1323, 1356, and 1483 of this
    title, enacting provisions set out as notes under sections 1161 and
    1433 of this title, and amending provisions set out as notes under
    this section and sections 1255a, 1323, and 1401 of this title], the
    amendments made by this subsection shall take effect as if included
    in the enactment of INTCA [Pub. L. 103-416]."
      Section 440(f) of Pub. L. 104-132 provided that: "The amendments
    made by subsection (e) [amending this section] shall apply to
    convictions entered on or after the date of the enactment of this
    Act [Apr. 24, 1996], except that the amendment made by subsection
    (e)(3) [amending this section] shall take effect as if included in
    the enactment of section 222 of the Immigration and Nationality
    Technical Corrections Act of 1994 [Pub. L. 103-416]."

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Section 219(dd) of Pub. L. 103-416 provided that: "Except as
    otherwise specifically provided in this section, the amendments
    made by this section [amending this section and sections 1151,
    1153, 1154, 1160, 1182, 1188, 1251, 1252, 1252b, 1254a, 1255,
    1255a, 1256, 1288, 1302, 1322, 1323, 1324a, 1324b, 1324c, 1330,
    1356, 1421, 1424, 1444, 1449, and 1522 of this title, repealing
    section 1161 of this title, amending provisions set out as notes
    under this section and sections 1182, 1254a, 1255, 1255a, and 1356
    of this title, and repealing provisions set out as a note under
    section 1288 of this title] shall be effective as if included in
    the enactment of the Immigration Act of 1990 [Pub. L. 101-649]."
      Section 222(b) of Pub. L. 103-416 provided that: "The amendments
    made by this section [amending this section] shall apply to
    convictions entered on or after the date of enactment of this Act
    [Oct. 25, 1994]."
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                     EFFECTIVE DATE OF 1991 AMENDMENTS                 
      Section 208 of title II of Pub. L. 102-232 provided that: "The
    provisions of, and amendments made by, this title [amending this
    section and section 1184 of this title and enacting provisions set
    out as notes under this section and section 1184 of this title]
    shall take effect on April 1, 1992."
      Section 302(e)(8) of Pub. L. 102-232 provided that the amendments
    made by that section [amending this section and sections 1186a and
    1201 of this title] are effective as if included in section 162(e)
    of the Immigration Act of 1990, Pub. L. 101-649.
      Section 305(m) of Pub. L. 102-232 provided that the amendments
    made by that section [amending this section and sections 1423,
    1433, 1441, 1443, 1445, and 1452 of this title] are effective as if
    included in section 407(d) of the Immigration Act of 1990, Pub. L.
    101-649.
      Section 310 of Pub. L. 102-232, as amended by Pub. L. 103-416,
    title II, Sec. 219(z)(9), Oct. 25, 1994, 108 Stat. 4318, provided
    that: "Except as otherwise specifically provided, the amendments
    made by (and provisions of) - 
        "(1) sections 302 through 308 [amending this section, sections
      1102, 1105a, 1151 to 1154, 1157, 1159 to 1161, 1182, 1184, 1186a
      to 1188, 1201, 1221, 1226, 1227, 1229, 1251, 1252, 1252b, 1254 to
      1255a, 1281, 1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325,
      1357, 1421, 1423, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
      1452, and 1455 of this title, and section 3753 of Title 42, The
      Public Health and Welfare, enacting provisions set out as notes
      under this section and sections 1151, 1157, 1160, 1182, 1251,
      1252, 1254a, and 1255 of this title, and amending provisions set
      out as notes under this section and sections 1105a, 1153, 1158,
      1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title]
      shall take effect as if included in the enactment of the
      Immigration Act of 1990 [Pub. L. 101-649], and
        "(2) section 309(b) [amending this section and sections 1154,
      1160, 1182, 1188, 1252, 1252a, 1324a, 1356, 1424, and 1455 of
      this title and enacting provisions set out as a note under this
      section] shall take effect on the date of the enactment of this
      Act [Dec. 12, 1991]."
      Section 2(d) of Pub. L. 102-110 provided that: "This section
    [amending this section and sections 1153 and 1255 of this title]
    shall take effect 60 days after the date of the enactment of this
    Act [Oct. 1, 1991]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 161 of title I of Pub. L. 101-649, as amended by Pub. L.
    102-110, Sec. 4, Oct. 1, 1991, 105 Stat. 557; Pub. L. 102-232,
    title III, Sec. 302(e)(1), (2), Dec. 12, 1991, 105 Stat. 1745; Pub.
    L. 103-416, title II, Secs. 218, 219(aa), Oct. 25, 1994, 108 Stat.
    4316, 4319; Pub. L. 104-208, div. C, title VI, Sec. 671(f), Sept.
    30, 1996, 110 Stat. 3009-724, provided that:
      "(a) In General. - Except as otherwise provided in this title,
    this title and the amendments made by this title [enacting section
    1186b of this title, amending this section, sections 1103, 1151 to
    1154, 1157, 1159, 1182, 1251, 1254, 1255, and 1325 of this title,
    section 3304 of Title 26, Internal Revenue Code, and section 1382c
    of Title 42, The Public Health and Welfare, enacting provisions set
    out as notes under this section and sections 1152, 1153, 1159,
    1182, 1201, and 1251 of this title, and amending provisions set out
    as notes under section 1255 of this title] shall take effect on
    October 1, 1991, and apply beginning with fiscal year 1992.
      "(b) Provisions Taking Effect Upon Enactment. - The following
    sections (and amendments made by such sections) shall take effect
    on the date of the enactment of this Act [Nov. 29, 1990] and
    (unless otherwise provided) apply to fiscal year 1991:
        "(1) Section 103 [enacting provisions set out as a note under
      section 1152 of this title] (relating to per country limitation
      for Hong Kong).
        "(2) Section 104 [amending sections 1157 and 1159 of this title
      and enacting provisions set out as notes under section 1159 of
      this title] (relating to asylee adjustments).
        "(3) Section 124 [enacting provisions set out as a note under
      section 1153 of this title] (relating to transition for employees
      of certain U.S. businesses in Hong Kong).
        "(4) Section 133 [enacting provisions set out as a note under
      section 1153 of this title] (relating to one-year diversity
      transition for aliens who have been notified of availability of
      NP-5 visas).
        "(5) Section 134 [enacting provisions set out as a note under
      section 1153 of this title] (relating to transition for displaced
      Tibetans).
        "(6) Section 153 [amending this section and section 1251 of
      this title and enacting provisions set out as a note under
      section 1251 of this title] (relating to special immigrants who
      are dependent on a juvenile court).
        "(7) Section 154 [enacting provisions set out as a note under
      section 1201 of this title] (permitting extension of validity of
      visas for certain residents of Hong Kong).
        "(8) Section 155 [enacting provisions set out as a note under
      section 1153 of this title] (relating to expedited issuance of
      Lebanese second and fifth preference visas).
        "(9) Section 162(b) [amending section 1154 of this title]
      (relating to immigrant visa petitioning process), but only
      insofar as such section relates to visas for fiscal years
      beginning with fiscal year 1992.
      "(c) General Transitions. - 
        "(1) In the case of a petition filed under section 204(a) of
      the Immigration and Nationality Act [8 U.S.C. 1154(a)] before
      October 1, 1991, for preference status under section 203(a)(3) or
      section 203(a)(6) of such Act [8 U.S.C. 1153(a)(3), (6)] (as in
      effect before such date) - 
          "(A) in order to maintain the priority date with respect to
        such a petition, the petitioner must file (by not later than
        October 1, 1993) a new petition for classification of the
        employment under paragraph (1), (2), or (3) of section 203(b)
        of such Act (as amended by this title), and
          "(B) any labor certification under section 212(a)(5)(A) of
        such Act required with respect to the new petition shall be
        deemed approved if the labor certification with respect to the
        previous petition was previously approved under section
        212(a)(14) of such Act.
      In the case of a petition filed under section 204(a) of such Act
      before October 1, 1991, but which is not described in paragraph
      (4), and for which a filing fee was paid, any additional filing
      fee shall not exceed one-half of the fee for the filing of the
      new petition referred to in subparagraph (A).
        "(2) Any petition filed under section 204(a) of the Immigration
      and Nationality Act before October 1, 1991, for preference status
      under section 203(a)(4) or section 203(a)(5) of such Act (as in
      effect before such date) shall be deemed, as of such date, to be
      a petition filed under such section for preference status under
      section 203(a)(3) or section 203(a)(4), respectively, of such Act
      (as amended by this title).
        "(3) In the case of an alien who is described in section
      203(a)(8) of the Immigration and Nationality Act (as in effect
      before October 1, 1991) as the spouse or child of an alien
      admitted for permanent residence as a preference immigrant under
      section 203(a)(3) or 203(a)(6) of such Act (as in effect before
      such date) and who would be entitled to enter the United States
      under such section 203(a)(8) but for the amendments made by this
      title [see subsec. (a) above], such an alien shall be deemed to
      be described in section 203(d) of such Act as the spouse or child
      of an alien described in section 203(b)(2) or 203(b)(3)(A)(i),
      respectively, of such Act with the same priority date as that of
      the principal alien.
        "(4)(A) Subject to subparagraph (B), any petition filed before
      October 1, 1991, and approved on any date, to accord status under
      section 203(a)(3) or 203(a)(6) of the Immigration and Nationality
      Act (as in effect before such date) shall be deemed, on and after
      October 1, 1991 (or, if later, the date of such approval), to be
      a petition approved to accord status under section 203(b)(2) or
      under the appropriate classification under section 203(b)(3),
      respectively, of such Act (as in effect on and after such date).
      Nothing in this subparagraph shall be construed as exempting the
      beneficiaries of such petitions from the numerical limitations
      under section 203(b)(2) or 203(b)(3) of such Act.
        "(B) Subparagraph (A) shall not apply more than two years after
      the date the priority date for issuance of a visa on the basis of
      such a petition has been reached.
      "(d) Admissibility Standards. - When an immigrant, in possession
    of an unexpired immigrant visa issued before October 1, 1991, makes
    application for admission, the immigrant's admissibility under
    paragraph (7)(A) of section 212(a) of the Immigration and
    Nationality Act [8 U.S.C. 1182(a)(7)(A)] shall be determined under
    the provisions of law in effect on the date of the issuance of such
    visa.
      "(e) Construction. - Nothing in this title [see subsec. (a)
    above] shall be construed as affecting the provisions of section 19
    of Public Law 97-116 [8 U.S.C. 1151 note], section 2(c)(1) of
    Public Law 97-271 [8 U.S.C. 1255 note], or section 202(e) of Public
    Law 99-603 [8 U.S.C. 1255a note]."
      [Section 219(aa) of Pub. L. 103-416 provided that the amendment
    made by that section to section 161(c)(3) of Pub. L. 101-649, set
    out above, is effective as if included in section 4 of Pub. L. 102-
    110, see below.]
      [Section 4 of Pub. L. 102-110 provided that the amendment made by
    that section, adding pars. (3) and (4) to section 161(c) of Pub. L.
    101-649, set out above, is effective as if included in the
    Immigration Act of 1990, Pub. L. 101-649.]
      Section 162(f)(3) of Pub. L. 101-649 provided that: "The
    amendments made by this subsection [amending this section, section
    1182 of this title, and provisions set out as a note under section
    1255 of this title] shall apply as though included in the enactment
    of the Immigration Nursing Relief Act of 1989 [Pub. L. 101-238]."
      Section 203(d) of Pub. L. 101-649 provided that: "The amendments
    made by this section [enacting section 1288 of this title and
    amending this section and section 1281 of this title] shall apply
    to services performed on or after 180 days after the date of the
    enactment of this Act [Nov. 29, 1990]."
      Section 231 of title II of Pub. L. 101-649 provided that: "Except
    as otherwise provided in this title, this title, and the amendments
    made by this title [enacting section 1288 of this title, amending
    this section and sections 1182, 1184, 1187, 1281, and 1323 of this
    title, and enacting provisions set out as notes under this section
    and sections 1182, 1184, 1187, and 1288 of this title], shall take
    effect on October 1, 1991, except that sections 222 and 223
    [enacting provisions set out as notes under this section] shall
    take effect on the date of the enactment of this Act [Nov. 29,
    1990]."
      Amendment by section 407(a)(2) of Pub. L. 101-649 effective Nov.
    29, 1990, with general savings provisions, see section 408(a)(3),
    (d) of Pub. L. 101-649, set out as an Effective Date of 1990
    Amendment; Savings Provisions note under section 1421 of this
    title.
      Section 501(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    offenses committed on or after the date of the enactment of this
    Act [Nov. 29, 1990], except that the amendments made by paragraphs
    (2) and (5) of subsection (a) shall be effective as if included in
    the enactment of section 7342 of the Anti-Drug Abuse Act of 1988
    [Pub. L. 100-690]."
      Section 509(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 306(a)(7), Dec. 12, 1991, 105 Stat. 1751, provided
    that: "The amendment made by subsection (a) [amending this section]
    shall take effect on the date of the enactment of this Act [Nov.
    29, 1990] and shall apply to convictions occurring on or after such
    date, except with respect to conviction for murder which shall be
    considered a bar to good moral character regardless of the date of
    the conviction."
      Section 601(e) of Pub. L. 101-649 provided that:
      "(1) Except as provided in paragraph (2), the amendments made by
    this section [amending section 1182 of this title] and by section
    603(a) of this Act [amending this section and sections 1102, 1153,
    1157, 1159, 1160, 1161, 1181, 1183, 1201, 1224, 1225, 1226, 1254a,
    1255a, 1259, 1322, and 1327 of this title, repealing section 2691
    of Title 22, Foreign Relations and Intercourse, amending provisions
    set out as notes under this section and sections 1255 and 1255a of
    this title, and repealing provisions set out as notes under section
    1182 of this title] shall apply to individuals entering the United
    States on or after June 1, 1991.
      "(2) The amendments made by paragraphs (5) and (13) of section
    603(a) [amending sections 1160 and 1255a of this title] shall apply
    to applications for adjustment of status made on or after June 1,
    1991."

                     EFFECTIVE DATE OF 1989 AMENDMENTS                 
      Amendment by Pub. L. 101-238 applicable to classification
    petitions filed for nonimmigrant status only during the 5-year
    period beginning on the first day of the 9th month beginning after
    Dec. 18, 1989, see section 3(d) of Pub. L. 101-238, set out as a
    note under section 1182 of this title.
      Section 611(b) of Pub. L. 101-162 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    October 1, 1989, upon the expiration of the similar amendment made
    by section 210(a) of the Department of Justice Appropriations Act,
    1989 (title II of Public Law 100-459, 102 Stat. 2203)."

            EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS        
      Section 2(s) of Pub. L. 100-525 provided that: "The amendments
    made by this section [amending this section, sections 1160, 1161,
    1184, 1186, 1187, 1188, 1251, 1254, 1255, 1255a, 1259, 1324, 1324a,
    1324b, and 1357 of this title, section 1546 of Title 18, Crimes and
    Criminal Procedure, and section 1091 of Title 20, Education,
    amending provisions set out as notes under this section and
    sections 1188 and 1255a of this title and section 1802 of Title 29,
    Labor, and repealing provisions set out as a note under section
    1255a of this title] shall be effective as if they were included in
    the enactment of the Immigration Reform and Control Act of 1986
    [Pub. L. 99-603]."
      Section 309(b)(15) of Pub. L. 102-232 provided that: "The
    amendments made by section 8 of the Immigration Technical
    Corrections Act of 1988 [Pub. L. 100-525, amending this section,
    sections 1152, 1182, 1201 to 1202, 1301, 1302, 1304, 1356, 1409,
    1431 to 1433, 1452, 1481, and 1483 of this title, and section 4195
    of Title 22, Foreign Relations and Intercourse, enacting provisions
    set out as notes under this section, sections 1153, 1201, 1401,
    1409, 1451, and 1481 of this title, and section 4195 of Title 22,
    and amending provisions set out as notes under this section and
    section 1153 of this title] shall be effective as if included in
    the enactment of the Immigration and Nationality Act Amendments of
    1986 (Public Law 99-653)."
      Section 210(b) of Pub. L. 100-459 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect as
    if included in the enactment of section 315 of the Immigration
    Reform and Control Act of 1986 [Pub. L. 99-603] and shall expire on
    October 1, 1989."

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 23(a) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2618, provided that: "The
    amendments made by sections 2, 4, and 7 [amending this section and
    sections 1152, 1182, 1228, 1251, and 1356 of this title] apply to
    visas issued, and admissions occurring, on or after November 14,
    1986."
      Amendment by section 301(a) of Pub. L. 99-603 applicable to
    petitions and applications filed under sections 1184(c) and 1188 of
    this title on or after the first day of the seventh month beginning
    after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
    amended, set out as an Effective Date note under section 1188 of
    this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 21 of Pub. L. 97-116 provided that:
      "(a) Except as provided in subsection (b) and in section 5(c)
    [set out as a note under section 1182 of this title], the
    amendments made by this Act [see Short Title of 1981 Amendment note
    below] shall take effect on the date of the enactment of this Act
    [Dec. 29, 1981].
      "(b)(1) The amendments made by section 2(a) [amending this
    section] shall apply on and after the first day of the sixth month
    beginning after the date of the enactment of this Act [Dec. 29,
    1981].
      "(2) The amendment made by section 16 [amending section 1455 of
    this title] shall apply to fiscal years beginning on or after
    October 1, 1981."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 204(a)-(c) of title II of Pub. L. 96-212 provided that:
      "(a) Except as provided in subsections (b) and (c), this title
    and the amendments made by this title [enacting sections 1157,
    1158, and 1159 of this title, amending this section and sections
    1151 to 1153, 1181, 1182, 1253, and 1254 of this title, enacting
    provisions set out as notes under sections 1153, 1157, 1158, 1182,
    and 1521 of this title, and amending provisions set out as a note
    under sections 1182 and 1255 of this title] shall take effect on
    the date of the enactment of this Act [Mar. 17, 1980], and shall
    apply to fiscal years beginning with the fiscal year beginning
    October 1, 1979.
      "(b)(1)(A) Section 207(c) of the Immigration and Nationality Act
    (as added by section 201(b) of this Act) [section 1157(c) of this
    title] and the amendments made by subsections (b), (c), and (d) of
    section 203 of this Act [amending sections 1152, 1153, 1182, and
    1254 of this title] shall take effect on April 1, 1980.
      "(B) The amendments made by section 203(f) [amending section 1182
    of this title] shall apply to aliens paroled into the United States
    on or after the sixtieth day after the date of the enactment of
    this Act [Mar. 17, 1980].
      "(C) The amendments made by section 203(i) [amending section 1153
    of this title and provisions set out as notes under section 1255 of
    this title] shall take effect immediately before April 1, 1980.
      "(2) Notwithstanding sections 207(a) and 209(b) of the
    Immigration and Nationality Act (as added by section 201(b) of this
    Act) [sections 1157(a) and 1159(b) of this title], the fifty
    thousand and five thousand numerical limitations specified in such
    respective sections shall, for fiscal year 1980, be equal to 25,000
    and 2,500, respectively.
      "(3) Notwithstanding any other provision of law, for fiscal year
    1980 - 
        "(A) the fiscal year numerical limitation specified in section
      201(a) of the Immigration and Nationality Act [section 1151(a) of
      this title] shall be equal to 280,000, and
        "(B) for the purpose of determining the number of immigrant
      visa and adjustments of status which may be made available under
      sections 203(a)(2) and 202(e)(2) of such Act [sections 1153(a)(2)
      and 1152(e)(2) of this title], the granting of a conditional
      entry or adjustment of status under section 203(a)(7) or
      202(e)(7) of such Act after September 30, 1979, and before April
      1, 1980, shall be considered to be the granting of an immigrant
      visa under section 203(a)(2) or 202(e)(2), respectively, of such
      Act during such period.
      "(c)(1) The repeal of subsections (g) and (h) of section 203 of
    the Immigration and Nationality Act, made by section 203(c)(8) of
    this title [section 1153(g) and (h) of this title], shall not apply
    with respect to any individual who before April 1, 1980, was
    granted a conditional entry under section 203(a)(7) of the
    Immigration and Nationality Act (and under section 202(e)(7) of
    such Act [section 1152(e)(7) of this title], if applicable), as in
    effect immediately before such date, and it shall not apply to any
    alien paroled into the United States before April 1, 1980, who is
    eligible for the benefits of section 5 of Public Law 95-412 [set
    out as a note under section 1182 of this title].
      "(2) An alien who, before April 1, 1980, established a date of
    registration at an immigration office in a foreign country on the
    basis of entitlement to a conditional entrant status under section
    203(a)(7) of the Immigration and Nationality Act (as in effect
    before such date) [section 1153(a)(7) of this title], shall be
    deemed to be entitled to refugee status under section 207 of such
    Act (as added by section 201(b) of this title) [section 1157 of
    this title] and shall be accorded the date of registration
    previously established by that alien. Nothing in this paragraph
    shall be construed to preclude the acquisition by such an alien of
    a preference status under section 203(a) of such Act.
      "(3) The provisions of paragraphs (14), (15), (20), (21), (25),
    and (32) if section 212(a) of the Immigration and Nationality Act
    [former section 1182(a)(14), (15), (20), (21), (25), and (32) of
    this title] shall not be applicable to any alien who has entered
    the United States before April 1, 1980, pursuant to section
    203(a)(7) of such Act [section 1153(a)(7) of this title] or who has
    been paroled as a refugee into the United States under section
    212(d)(5) of such Act, and who is seeking adjustment of status, and
    the Attorney General may waive any other provision of section
    212(a) of such Act (other than paragraph (27), (29), or (33) and
    other than so much of paragraph (23) as relates to trafficking in
    narcotics) with respect to such an alien for humanitarian purposes,
    to assure family unity, or when it is otherwise in the public
    interest."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 3201(d)(1) of Pub. L. 96-70 provided that: "The
    amendments made by this section [amending this section and section
    1182 of this title] shall take effect on the date of the enactment
    of this Act [Sept. 27, 1979]."

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 602(d) of Pub. L. 94-484, as added by Pub. L. 95-83,
    title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, provided
    that: "This section [amending this section and enacting provisions
    set out as a note under section 1182 of this title] and the
    amendment made by subsection (c) [amending this section] are
    effective January 10, 1977, and the amendments made by subsections
    (b)(4) and (d) of section 601 [amending this section and section
    1182 of this title] shall apply only on and after January 10, 1978,
    notwithstanding subsection (f) of such section [set out as an
    Effective Date of 1976 Amendments note under section 1182 of this
    title]."

                     EFFECTIVE DATE OF 1976 AMENDMENTS                 
      Section 10 of Pub. L. 94-571 provided that: "The foregoing
    provisions of this Act, including the amendments made by such
    provisions [see Short Title of 1976 Amendment note below], shall
    become effective on the first day of the first month which begins
    more than sixty days after the date of enactment of this Act [Oct.
    20, 1976]."
      Amendment by section 601(b)(4) of Pub. L. 94-484 applicable only
    on and after Jan. 10, 1978, notwithstanding section 601(f) of Pub.
    L. 94-484, see section 602(d) of Pub. L. 94-484, as added by
    section 307(q)(3) of Pub. L. 95-83, set out as an Effective Date of
    1977 Amendment note above.
      Amendment by Pub. L. 94-484 effective ninety days after Oct. 12,
    1976, see section 601(f) of Pub. L. 94-484, set out as a note under
    section 1182 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

                              EFFECTIVE DATE                          
      Section 407 of act June 27, 1952, provided that: "Except as
    provided in subsection (k) of section 401 [former section 1106(k)
    of this title], this Act [this chapter] shall take effect at 12:01
    ante meridian United States Eastern Standard Time on the one
    hundred eightieth day immediately following the date of its
    enactment [June 27, 1952]."

                       SHORT TITLE OF 2007 AMENDMENT                   
      Pub. L. 109-477, Sec. 1, Jan. 12, 2007, 120 Stat. 3572, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 1182 of this title] may be cited as the 'Physicians
    for Underserved Areas Act'."

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-463, Sec. 1, Dec. 22, 2006, 120 Stat. 3477, provided
    that: "This Act [amending section 1184 of this title] may be cited
    as either the 'Creating Opportunities for Minor League
    Professionals, Entertainers, and Teams through Legal Entry Act of
    2006' or the 'COMPETE Act of 2006'."
      Pub. L. 109-423, Sec. 1, Dec. 20, 2006, 120 Stat. 2900, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 1182 of this title] may be cited as the 'Nursing
    Relief for Disadvantaged Areas Reauthorization Act of 2005'."
      Pub. L. 109-367, Sec. 1, Oct. 26, 2006, 120 Stat. 2638, provided
    that: "This Act [enacting provisions set out as a note under
    section 1701 of this title and amending provisions set out as a
    note under section 1103 of this title] may be cited as the 'Secure
    Fence Act of 2006'."
      Pub. L. 109-162, title VIII, Sec. 831, Jan. 5, 2006, 119 Stat.
    3066, provided that: "This subtitle [subtitle D (Secs. 831-834) of
    title VIII of Pub. L. 109-162, enacting section 1375a of this
    title, amending section 1184 of this title, repealing section 1375
    of this title, and enacting provisions set out as notes under
    sections 1184 and 1202 of this title] may be cited as the
    'International Marriage Broker Regulation Act of 2005'."

                       SHORT TITLE OF 2005 AMENDMENT                   
      Pub. L. 109-13, div. B, Sec. 1, May 11, 2005, 119 Stat. 302,
    provided that: "This division [enacting section 1778 of this title,
    amending this section, sections 1157 to 1159, 1182, 1184, 1227,
    1229a, 1231, 1252, and 1356 of this title, and section 1028 of
    Title 18, Crimes and Criminal Procedure, enacting provisions set
    out as notes under this section, sections 1157, 1158, 1182, 1184,
    1227, 1252, 1712, and 1721 of this title, and section 30301 of
    Title 49, Transportation, amending provisions set out as notes
    under sections 1103, 1153, and 1184 of this title, and repealing
    provisions set out as a note under section 30301 of Title 49] may
    be cited as the 'REAL ID Act of 2005'."
      Pub. L. 109-13, div. B, title IV, Sec. 401, May 11, 2005, 119
    Stat. 318, provided that: "This title [amending sections 1184 and
    1356 of this title and enacting and amending provisions set out as
    notes under section 1184 of this title] may be cited as the 'Save
    Our Small and Seasonal Businesses Act of 2005'."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-447, div. J, title IV, Sec. 401, Dec. 8, 2004, 118
    Stat. 3351, provided that: "This title [enacting sections 1380 and
    1381 of this title, amending sections 1182, 1184, and 1356 of this
    title, section 2916a of Title 29, Labor, and section 1869c of Title
    42, The Public Health and Welfare, and enacting provisions set out
    as notes under this section and sections 1182 and 1184 of this
    title] may be cited as the 'L-1 Visa and H-1B Visa Reform Act'."
      Pub. L. 108-447, div. J, title IV, Sec. 411, Dec. 8, 2004, 118
    Stat. 3351, provided that: "This subtitle [subtitle A (Secs. 411-
    417) of title IV of div. J of Pub. L. 108-447, enacting section
    1380 of this title, amending section 1184 of this title, and
    enacting provisions set out as notes under section 1184 of this
    title] may be cited as the 'L-1 Visa (Intracompany Transferee)
    Reform Act of 2004'."
      Pub. L. 108-447, div. J, title IV, Sec. 421, Dec. 8, 2004, 118
    Stat. 3353, provided that: "This subtitle [subtitle B (Secs. 421-
    430) of title IV of div. J of Pub. L. 108-447, enacting section
    1381 of this title, amending sections 1182, 1184, and 1356 of this
    title, section 2916a of Title 29, Labor, and section 1869c of Title
    42, The Public Health and Welfare, and enacting provisions set out
    as notes under sections 1182 and 1184 of this title] may be cited
    as the 'H-1B Visa Reform Act of 2004'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-156, Sec. 1, Dec. 3, 2003, 117 Stat. 1944, provided
    that: "This Act [enacting provisions set out as a note under
    section 1153 of this title and amending provisions set out as notes
    under sections 1153, 1324a, and 1360 of this title] may be cited as
    the 'Basic Pilot Program Extension and Expansion Act of 2003'."

                      SHORT TITLE OF 2002 AMENDMENTS                  
      Pub. L. 107-274, Sec. 1, Nov. 2, 2002, 116 Stat. 1923, provided
    that: "This Act [amending this section and section 1184 of this
    title] may be cited as the 'Border Commuter Student Act of 2002'."
      Pub. L. 107-273, div. C, title I, Sec. 11030(a), Nov. 2, 2002,
    116 Stat. 1836, provided that: "This section [amending section 1440-
    1 of this title] may be cited as the 'Posthumous Citizenship
    Restoration Act of 2002'."
      Pub. L. 107-258, Sec. 1, Oct. 29, 2002, 116 Stat. 1738, provided
    that: "This Act [amending provisions set out as a note under
    section 1157 of this title] may be cited as the 'Persian Gulf War
    POW/MIA Accountability Act of 2002'."
      Pub. L. 107-208, Sec. 1, Aug. 6, 2002, 116 Stat. 927, provided
    that: "This Act [amending sections 1151, 1153, 1154, 1157, and 1158
    of this title and enacting provisions set out as a note under
    section 1151 of this title] may be cited as the 'Child Status
    Protection Act'."
      Pub. L. 107-150, Sec. 1, Mar. 13, 2002, 116 Stat. 74, provided
    that: "This Act [amending sections 1182 and 1183a of this title and
    enacting provisions set out as a note under section 1182 of this
    title] may be cited as the 'Family Sponsor Immigration Act of
    2002'."
      Pub. L. 107-128, Sec. 1, Jan. 16, 2002, 115 Stat. 2407, provided
    that: "This Act [enacting and amending provisions set out as notes
    under section 1324a of this title] may be cited as the 'Basic Pilot
    Extension Act of 2001'."

                      SHORT TITLE OF 2000 AMENDMENTS                  
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1501], Dec.
    21, 2000, 114 Stat. 2763, 2763A-324, provided that: "This title
    [amending section 1255 of this title, enacting provisions set out
    as notes under section 1255 of this title, and amending provisions
    set out as notes under this section and section 1255 of this title]
    may be cited as the 'LIFE Act Amendments of 2000'."
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1101], Dec. 21,
    2000, 114 Stat. 2762, 2762A-142, provided that: "This title
    [amending this section and sections 1184, 1186a, and 1255 of this
    title, and enacting provisions set out as notes under this section]
    may be cited as - 
        "(1) the 'Legal Immigration Family Equity Act'; or
        "(2) the 'LIFE Act'."
      Pub. L. 106-409, Sec. 1, Nov. 1, 2000, 114 Stat. 1787, provided
    that: "This Act [amending this section and enacting provisions set
    out as a note under this section] may be cited as the 'Religious
    Workers Act of 2000'."
      Pub. L. 106-406, Sec. 1, Nov. 1, 2000, 114 Stat. 1755, provided
    that: "This Act [amending section 1229c of this title] may be cited
    as the 'International Patient Act of 2000'."
      Pub. L. 106-396, Sec. 1, Oct. 30, 2000, 114 Stat. 1637, provided
    that: "This Act [amending sections 1182, 1184, 1187, and 1372 of
    this title, enacting provisions set out as a note under section
    1187 of this title and classified as a note under section 763 of
    Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amending
    provisions set out as a note under section 1153 of this title] may
    be cited as the 'Visa Waiver Permanent Program Act'."
      Pub. L. 106-395, Sec. 1, Oct. 30, 2000, 114 Stat. 1631, provided
    that: "This Act [amending this section, sections 1182, 1227, 1431,
    and 1433 of this title, and sections 611 and 1015 of Title 18,
    Crimes and Criminal Procedure, repealing section 1432 of this
    title, and enacting provisions set out as notes under this section,
    sections 1182, 1227, and 1431 of this title, and section 611 of
    Title 18] may be cited as the 'Child Citizenship Act of 2000'."
      Pub. L. 106-386, div. B, title V, Sec. 1501, Oct. 28, 2000, 114
    Stat. 1518, provided that: "This title [amending this section,
    sections 1151, 1154, 1182, 1184, 1227, 1229a, 1229b, 1255, 1367,
    1430, and 1641 of this title, section 1152 of Title 20, Education,
    and sections 3796gg, 3796hh, and 1397l of Title 42, The Public
    Health and Welfare, enacting provisions set out as notes under this
    section and sections 1229a, 1229b, and 1255 of this title, and
    amending provisions set out as notes under this section and section
    1255 of this title] may be cited as the 'Battered Immigrant Women
    Protection Act of 2000'."
      Pub. L. 106-313, title I, Sec. 101, Oct. 17, 2000, 114 Stat.
    1251, provided that: "This title [amending sections 1152, 1154,
    1182, 1184, and 1356 of this title, section 2916a of Title 29,
    Labor, and section 1869c of Title 42, The Public Health and
    Welfare, enacting provisions set out as notes under this section,
    sections 1153, 1184, and 1356 of this title, section 2701 of Title
    29, and sections 1862 and 13751 of Title 42, and amending
    provisions set out as a note under section 1182 of this title] may
    be cited as the 'American Competitiveness in the Twenty-first
    Century Act of 2000'."
      Pub. L. 106-215, Sec. 1, June 15, 2000, 114 Stat. 337, provided
    that: "This Act [amending section 1365a of this title and enacting
    provisions set out as a note under section 1365a of this title] may
    be cited as the 'Immigration and Naturalization Service Data
    Management Improvement Act of 2000'."

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-95, Sec. 1, Nov. 12, 1999, 113 Stat. 1312, provided
    that: "This Act [amending this section and sections 1153 and 1182
    of this title, enacting provisions set out as a note under section
    1182 of this title, and amending provisions set out as a note under
    this section] may be cited as the 'Nursing Relief for Disadvantaged
    Areas Act of 1999'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 901], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-538, provided that: "This title
    [enacting sections 1377 and 1378 of this title and provisions set
    out as a note under section 1255 of this title] may be cited as the
    'Haitian Refugee Immigration Fairness Act of 1998'."
      Pub. L. 105-277, div. C, title IV, Sec. 401(a), Oct. 21, 1998,
    112 Stat. 2681-641, provided that: "This title [enacting section
    1869c of Title 42, The Public Health and Welfare, amending this
    section and sections 1182, 1184, and 1356 of this title, and
    enacting provisions set out as notes under sections 1182 and 1184
    of this title and sections 2701 and 2916 of Title 29, Labor] may be
    cited as the 'American Competitiveness and Workforce Improvement
    Act of 1998'."

                      SHORT TITLE OF 1997 AMENDMENTS                  
      Section 112(a) of Pub. L. 105-119 provided that: "This section
    [enacting, amending, and repealing provisions set out as notes
    under section 1440 of this title] may be cited as the 'Philippine
    Army, Scouts, and Guerilla Veterans of World War II Naturalization
    Act of 1997'."
      Pub. L. 105-100, title II, Sec. 201, Nov. 19, 1997, 111 Stat.
    2193, provided that: "This title [amending section 1229b of this
    title, enacting provisions set out as notes under this section and
    sections 1151, 1153, 1229b, and 1255 of this title, and amending
    provisions set out as a note under this section] may be cited as
    the 'Nicaraguan Adjustment and Central American Relief Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1(a) of div. C of Pub. L. 104-208 provided that: "This
    division [see Tables for classification] may be cited as the
    'Illegal Immigration Reform and Immigrant Responsibility Act of
    1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Section 1 of Pub. L. 103-416 provided that: "This Act [see Tables
    for classification] may be cited as the 'Immigration and
    Nationality Technical Corrections Act of 1994'."

                      SHORT TITLE OF 1991 AMENDMENTS                  
      Section 1(a) of Pub. L. 102-232 provided that: "This Act
    [amending this section, sections 1102, 1105a, 1151 to 1154, 1157,
    1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221, 1226, 1227,
    1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281, 1282, 1284,
    1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357, 1421, 1423,
    1424, 1433, 1439 to 1441, 1443, 1445 to 1452, and 1455 of this
    title, and section 3753 of Title 42, The Public Health and Welfare,
    enacting provisions set out as notes under this section and
    sections 1151, 1157, 1160, 1182, 1184, 1251, 1252, 1254a, 1255,
    1356, and 1421 of this title, and amending provisions set out as
    notes under this section and sections 1105a, 1153, 1158, 1160,
    1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be cited
    as the 'Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991'."
      Section 101 of title I of Pub. L. 102-232 provided that: "This
    title [amending sections 1421, 1448, 1450, and 1455 of this title
    and enacting provisions set out as a note under section 1421 of
    this title] may be cited as the 'Judicial Naturalization Ceremonies
    Amendments of 1991'."
      Section 201 of title II of Pub. L. 102-232 provided that: "This
    title [amending this section and section 1184 of this title and
    enacting provisions set out as notes under this section and section
    1184 of this title] may be cited as the 'O and P Nonimmigrant
    Amendments of 1991'."
      Section 301(a) of title III of Pub. L. 102-232 provided that:
    "This title [amending this section, sections 1102, 1105a, 1151 to
    1154, 1157, 1159 to 1161, 1182, 1184, 1186a to 1188, 1201, 1221,
    1226, 1227, 1229, 1251, 1252, 1252a, 1252b, 1254 to 1255a, 1281,
    1282, 1284, 1288, 1322, 1323, 1324a to 1324c, 1325, 1356, 1357,
    1421, 1423, 1424, 1433, 1439 to 1441, 1443, 1445 to 1449, 1451,
    1452, and 1455 of this title, and section 3753 of Title 42, The
    Public Health and Welfare, enacting provisions set out as notes
    under this section and sections 1151, 1157, 1160, 1182, 1251, 1252,
    1254a, 1255, and 1356 of this title, and amending provisions set
    out as notes under this section and sections 1105a, 1153, 1158,
    1160, 1184, 1201, 1251, 1254a, 1255, and 1421 of this title] may be
    cited as the 'Immigration Technical Corrections Act of 1991'."
      Section 1 of Pub. L. 102-110 provided that: "This Act [amending
    this section and sections 1153, 1255, and 1524 of this title and
    enacting and amending provisions set out as notes under this
    section] may be cited as the 'Armed Forces Immigration Adjustment
    Act of 1991'."

                      SHORT TITLE OF 1990 AMENDMENTS                  
      Section 1(a) of Pub. L. 101-649 provided that: "This Act [see
    Tables for classification] may be cited as the 'Immigration Act of
    1990'."
      Pub. L. 101-249, Sec. 1, Mar. 6, 1990, 104 Stat. 94, provided
    that: "This Act [enacting section 1440-1 of this title] may be
    cited as the 'Posthumous Citizenship for Active Duty Service Act of
    1989'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Section 1 of Pub. L. 101-238 provided that: "This Act [amending
    this section and sections 1160 and 1182 of this title, enacting
    provisions set out as notes under sections 1182, 1255, 1255a, and
    1324a of this title, and amending provisions set out as a note
    under section 1255a of this title] may be cited as the 'Immigration
    Nursing Relief Act of 1989'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Pub. L. 100-658, Sec. 1, Nov. 15, 1988, 102 Stat. 3908, provided
    that: "This Act [enacting provisions set out as notes under this
    section and section 1153 of this title and amending provisions set
    out as a note under section 1153 of this title] may be cited as the
    'Immigration Amendments of 1988'."
      Section 1(a) of Pub. L. 100-525 provided that: "This Act
    [amending this section, sections 1102, 1103, 1104, 1105a, 1152,
    1154, 1157, 1160, 1161, 1182, 1184, 1186, 1186a, 1187, 1188, 1201,
    1201a, 1202, 1222, 1223, 1224, 1227, 1251, 1252, 1254, 1255, 1255a,
    1255b, 1259, 1301, 1302, 1304, 1305, 1324, 1324a, 1324b, 1353,
    1356, 1357, 1360, 1408, 1409, 1421, 1422, 1424, 1426, 1431, 1432,
    1433, 1435, 1440, 1441, 1446, 1447, 1451, 1452, 1454, 1455, 1459,
    1481, 1483, 1489, 1522, 1523, and 1524 of this title, section 1546
    of Title 18, Crimes and Criminal Procedure, section 1091 of Title
    20, Education, and section 4195 of Title 22, Foreign Relations and
    Intercourse, enacting provisions set out as notes under this
    section and sections 1153, 1182, 1201, 1227, 1254, 1255, 1356,
    1401, 1409, 1451, 1481, and 1522 of this title and section 4195 of
    Title 22, amending provisions set out as notes under this section
    and sections 1153, 1182, 1188, and 1255a of this title and section
    1802 of Title 29, Labor, and repealing provisions set out as a note
    under section 1255a of this title] may be cited as the 'Immigration
    Technical Corrections Act of 1988'."

                      SHORT TITLE OF 1986 AMENDMENTS                  
      Section 1(a) of Pub. L. 99-653, as amended by Pub. L. 100-525,
    Sec. 8(a)(1), Oct. 24, 1988, 102 Stat. 2617, provided that: "this
    Act [amending this section, sections 1152, 1182, 1201, 1202, 1228,
    1251, 1301, 1302, 1304, 1401, 1409, 1431 to 1433, 1451, 1452, 1481,
    and 1483 of this title, and section 4195 of Title 22, Foreign
    Relations and Intercourse, and repealing section 1201a of this
    title and provisions set out as notes under section 1153 of this
    title] may be cited as the 'Immigration and Nationality Act
    Amendments of 1986'."
      Pub. L. 99-639, Sec. 1, Nov. 10, 1986, 100 Stat. 3537, provided
    that: "This Act [enacting section 1186a of this title, amending
    sections 1154, 1182, 1184, 1251, 1255, and 1325 of this title, and
    enacting provisions set out as notes under sections 1154, 1182,
    1184, and 1255 of this title] may be cited as the 'Immigration
    Marriage Fraud Amendments of 1986'."
      Pub. L. 99-605, Sec. 1(a), Nov. 6, 1986, 100 Stat. 3449, provided
    that: "This Act [amending sections 1522 to 1524 of this title and
    enacting provisions set out as notes under section 1522 of this
    title] may be cited as the 'Refugee Assistance Extension Act of
    1986'."
      Section 1(a) of Pub. L. 99-603 provided that: "This Act [enacting
    sections 1160, 1161, 1186, 1187, 1255a, 1324a, 1324b, 1364, and
    1365 of this title and section 1437r of Title 42, The Public Health
    and Welfare, amending this section, sections 1152, 1184, 1251,
    1252, 1254, 1255, 1258, 1259, 1321, 1324, and 1357 of this title,
    section 2025 of Title 7, Agriculture, section 1546 of Title 18,
    Crimes and Criminal Procedure, sections 1091 and 1096 of Title 20,
    Education, sections 1802, 1813, and 1851 of Title 29, Labor, and
    sections 303, 502, 602, 603, 672, 673, 1203, 1320b-7, 1353, 1396b,
    and 1436a of Title 42, repealing section 1816 of Title 29, enacting
    provisions set out as notes under this section and sections 1152,
    1153, 1160, 1186, 1187, 1253, 1255a, 1259, 1324a, and 1324b of this
    title, section 1802 of Title 29, and sections 405, 502, and 1320b-7
    of Title 42, and amending provisions set out as notes under this
    section and section 1383 of Title 42] may be cited as the
    'Immigration Reform and Control Act of 1986'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Pub. L. 97-363, Sec. 1, Oct. 25, 1982, 96 Stat. 1734, provided
    that: "This Act [amending sections 1522, 1523, and 1524 of this
    title and enacting provisions set out as a note under section 1522
    of this title] may be cited as the 'Refugee Assistance Amendments
    of 1982'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Section 1(a) of Pub. L. 97-116 provided that: "this Act [amending
    this section, sections 1105a, 1151, 1152, 1154, 1182, 1201, 1203,
    1221, 1227, 1251, 1252, 1253, 1254, 1255, 1255b, 1258, 1305, 1324,
    1356, 1361, 1401a, 1409, 1427, 1431, 1432, 1433, 1439, 1440, 1445,
    1446, 1447, 1448, 1452, 1455, 1481, and 1483 of this title, and
    section 1429 of Title 18, Crimes and Criminal Procedure, enacting
    provisions set out as notes under this section and sections 1151
    and 1182 of this title, amending a provision set out as a note
    under this section, and repealing a provision set out as a note
    under section 1182 of this title] may be cited as the 'Immigration
    and Nationality Act Amendments of 1981'."

                       SHORT TITLE OF 1980 AMENDMENT                   
      Section 1 of Pub. L. 96-212 provided: "That this Act [enacting
    sections 1157 to 1159 and 1521 to 1525 of this title, amending this
    section, sections 1151 to 1153, 1181, 1182, 1253, and 1254 of this
    title, and section 2601 of Title 22, Foreign Relations and
    Intercourse, enacting provision set out as notes under this section
    and sections 1153, 1157, 1158, 1521, and 1522 of this title,
    amending provisions set out as notes under sections 1182 and 1255
    of this title, and repealing provisions set out as a note under
    section 2601 of Title 22] may be cited as the 'Refugee Act of
    1980'."

                       SHORT TITLE OF 1976 AMENDMENT                   
      Section 1 of Pub. L. 94-571 provided: "That this Act [amending
    this section and sections 1151, 1152 to 1154, 1181, 1182, 1251,
    1254, and 1255 of this title and enacting provisions set out as
    notes under this section and sections 1153 and 1255 of this title]
    may be cited as the 'Immigration and Nationality Act Amendments of
    1976'."

                                SHORT TITLE                            
      Section 1 of act June 27, 1952, provided that such act, enacting
    this chapter, section 1429 of Title 18, Crimes and Criminal
    Procedure, amending sections 1353a, 1353d, 1552 of this title,
    sections 342b, 342c, 342e of former Title 5, Executive Departments
    and Government Officers and Employees, sections 1114, 1546 of Title
    18, sections 618, 1446 of Title 22, Foreign Relations and
    Intercourse, sections 1, 177 of former Title 49, Transportation,
    sections 1952 to 1955 and 1961 of Title 50 App., War and National
    Defense, repealing section 530 of former Title 31, Money and
    Finance, enacting provisions set out as notes under this section
    and amending provisions set out as notes under sections 1435 and
    1440 of this title, may be cited as the "Immigration and
    Nationality Act".

                            REPEAL AND REVIVAL                        
      Section 8(b) of Pub. L. 100-525 provided that: "Section 3 of INAA
    [Pub. L. 99-653, repealing subsec. (c)(1) of this section] is
    repealed and the language stricken by such section is revived as of
    November 14, 1986."

                                  REPEALS                              
      Section 403(b) of act June 27, 1952, provided that: "Except as
    otherwise provided in section 405 [set out below], all other laws,
    or parts of laws, in conflict or inconsistent with this Act [this
    chapter] are, to the extent of such conflict or inconsistency,
    repealed."

                                REGULATIONS                            
      Pub. L. 109-162, title VIII, Sec. 828, Jan. 5, 2006, 119 Stat.
    3066, provided that: "Not later than 180 days after the date of
    enactment of this Act [Jan. 5, 2006], the Attorney General, the
    Secretary of Homeland Security, and the Secretary of State shall
    promulgate regulations to implement the provisions contained in the
    Battered Immigrant Women Protection Act of 2000 (title V of Public
    Law 106-386) [see section 1501 of Pub. L. 106-386, set out as a
    Short Title of 2000 Amendments note under this section], this Act
    [see Tables for classification], and the amendments made by this
    Act."
      Section 303(a)(8) of Pub. L. 102-232 provided that: "The
    Secretary of Labor shall issue final or interim final regulations
    to implement the changes made by this section to section
    101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and
    Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(b), 1182(n)] no later
    than January 2, 1992."
      Pub. L. 102-140, title VI, Sec. 610, Oct. 28, 1991, 105 Stat.
    832, as amended by Pub. L. 103-416, title II, Sec. 219(l)(2), Oct.
    25, 1994, 108 Stat. 4317, provided that:
      "(a) The Attorney General shall prescribe regulations under title
    5, United States Code, to carry out section 404(b)(1) of the
    Immigration and Nationality Act [act June 27, 1952, as amended, set
    out as a note above], including a delineation of (1) scenarios that
    constitute an immigration emergency, (2) the process by which the
    President declares an immigration emergency, (3) the role of the
    Governor and local officials in requesting a declaration of
    emergency, (4) a definition of 'assistance as required by the
    Attorney General', and (5) the process by which States and
    localities are to be reimbursed.
      "(b) The Attorney General shall prescribe regulations under title
    5, United States Code, to carry out section 404(b)(2) of such Act,
    including providing a definition of the terms in section
    404(b)(2)(A)(ii) and a delineation of 'in any other circumstances'
    in section 404(b)(2)(A)(iii) of such Act.
      "(c) The regulations under this section shall be published for
    comment not later than 30 days after the date of enactment of this
    Act [Oct. 28, 1991] and issued in final form not later than 15 days
    after the end of the comment period."

                              SAVINGS CLAUSE                          
      Section 405 of act June 27, 1952, provided in part that:
      "(a) Nothing contained in this Act [this chapter], unless
    otherwise specifically provided therein, shall be construed to
    affect the validity of any declaration of intention, petition for
    naturalization, certificate of naturalization, certificate of
    citizenship, warrant of arrest, order or warrant of deportation,
    order of exclusion, or other document or proceeding which shall be
    valid at the time this Act [this chapter] shall take effect; or to
    affect any prosecution, suit, action, or proceedings, civil or
    criminal, brought, or any status, condition, right in process of
    acquisition, act, thing, liability, obligation, or matter, civil or
    criminal done or existing, at the time this Act [this chapter]
    shall take effect; but as to all such prosecutions, suits, actions,
    proceedings, statutes, conditions, rights, acts, things,
    liabilities, obligations, or matters the statutes or parts of
    statutes repealed by this Act [this chapter] are, unless otherwise
    specifically provided therein, hereby continued in force and
    effect. When an immigrant, in possession of an unexpired immigrant
    visa issued prior to the effective date of this Act [this chapter],
    makes application for admission, his admissibility shall be
    determined under the provisions of law in effect on the date of the
    issuance of such visa. An application for suspension of deportation
    under section 19 of the Immigration Act of 1917, as amended [former
    section 155 of this title], or for adjustment of status under
    section 4 of the Displaced Persons Act of 1948, as amended [former
    section 1953 of Appendix to Title 50], which is pending on the date
    of enactment of this Act [June 27, 1952], shall be regarded as a
    proceeding within the meaning of this subsection.
      "(b) Except as otherwise specifically provided in title III
    [subchapter III of this chapter], any petition for naturalization
    heretofore filed which may be pending at the time this Act [this
    chapter] shall take effect shall be heard and determined in
    accordance with the requirements of law in effect when such
    petition was filed.
      "(c) Except as otherwise specifically provided in this Act [this
    chapter], the repeal of any statute by this Act [this chapter]
    shall not terminate nationality heretofore lawfully acquired nor
    restore nationality heretofore lost under any law of the United
    States or any treaty to which the United States may have been a
    party.
      "(d) Except as otherwise specifically provided in this Act [this
    chapter], or any amendment thereto, fees, charges and prices for
    purposes specified in title V of the Independent Offices
    Appropriation Act, 1952 (Public Law 137, Eighty-second Congress,
    approved August 31, 1951), may be fixed and established in the
    manner and by the head of any Federal Agency as specified in that
    Act.
      "(e) This Act [this chapter] shall not be construed to repeal,
    alter, or amend section 231(a) of the Act of April 30, 1946 (60
    Stat. 148; [section 1281(a) of title 22]), the Act of June 20, 1949
    (Public Law 110, section 8, Eighty-first Congress, first session;
    63 Stat. 208 [section 403h of title 50]), the Act of June 5, 1950
    (Public Law 535, Eighty-first Congress, second session [former
    section 1501 et seq. of title 22]), nor title V of the Agricultural
    Act of 1949, as amended (Public Law 78, Eighty-second Congress,
    first session [former sections 1461 to 1468 of title 7])."

                               SEPARABILITY                           
      Pub. L. 106-313, title I, Sec. 116, Oct. 17, 2000, 114 Stat.
    1262, provided that: "If any provision of this title [see Short
    Title of 2000 Amendments note above] (or any amendment made by this
    title) or the application thereof to any person or circumstance is
    held invalid, the remainder of the title (and the amendments made
    by this title) and the application of such provision to any other
    person or circumstance shall not be affected thereby. This section
    be enacted [sic] 2 days after effective date."
      Section 1(e) of div. C of Pub. L. 104-208 provided that: "If any
    provision of this division [see Tables for classification] or the
    application of such provision to any person or circumstances is
    held to be unconstitutional, the remainder of this division and the
    application of the provisions of this division to any person or
    circumstance shall not be affected thereby."
      Section 406 of act June 27, 1952, provided that: "If any
    particular provision of this Act [this chapter], or the application
    thereof to any person or circumstance, is held invalid, the
    remainder of the Act [this chapter] and the application of such
    provision to other persons or circumstances shall not be affected
    thereby."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of Title 22, Foreign Relations and Intercourse.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                       ADMISSION OF ALASKA AS STATE                   
      Effectiveness of amendment of this section by Pub. L. 85-508 as
    dependent on admission of State of Alaska into the Union, see
    section 8(b) of Pub. L. 85-508, set out as a note preceding section
    21 of Title 48, Territories and Insular Possessions.

                       ADMISSION OF HAWAII AS STATE                   
      Admission of Hawaii into the Union was accomplished Aug. 21,
    1959, on issuance of Proc. No. 3309, Aug. 25, 1959, 25 F.R. 6868,
    73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3,
    Mar. 18, 1959, 73 Stat. 4, set out as notes preceding former
    section 491 of Title 48, Territories and Insular Possessions.

                              APPROPRIATIONS                          
      Section 404 of act June 27, 1952, as amended by acts Dec. 29,
    1981, Pub. L. 97-116, Sec. 18(s), 95 Stat. 1621; Nov. 6, 1986, Pub.
    L. 99-603, title I, Sec. 113, 100 Stat. 3383; Nov. 29, 1990, Pub.
    L. 101-649, title VII, Sec. 705(a), 104 Stat. 5087; Dec. 12, 1991,
    Pub. L. 102-232, title III, Sec. 308(d), 105 Stat. 1757, provided
    that:
      "(a) There are authorized to be appropriated such sums as may be
    necessary to carry out the provisions of this Act [this chapter]
    (other than chapter 2 of title IV) [subchapter IV of this chapter].
      "(b)(1) There are authorized to be appropriated (for fiscal year
    1991 and any subsequent fiscal year) to an immigration emergency
    fund, to be established in the Treasury, an amount sufficient to
    provide for a balance of $35,000,000 in such fund, to be used to
    carry out paragraph (2) and to provide for an increase in border
    patrol or other enforcement activities of the Service and for
    reimbursement of State and localities in providing assistance as
    requested by the Attorney General in meeting an immigration
    emergency, except that no amounts may be withdrawn from such fund
    with respect to an emergency unless the President has determined
    that the immigration emergency exists and has certified such fact
    to the Judiciary Committees of the House of Representatives and of
    the Senate.
      "(2)(A) Funds which are authorized to be appropriated by
    paragraph (1), subject to the dollar limitation contained in
    subparagraph (B), shall be available, by application for the
    reimbursement of States and localities providing assistance as
    required by the Attorney General, to States and localities whenever
    - 
        "(i) a district director of the Service certifies to the
      Commissioner that the number of asylum applications filed in the
      respective district during a calendar quarter exceeds by at least
      1,000 the number of such applications filed in that district
      during the preceding calendar quarter,
        "(ii) the lives, property, safety, or welfare of the residents
      of a State or locality are endangered, or
        "(iii) in any other circumstances as determined by the Attorney
      General.
    In applying clause (i), the providing of parole at a point of entry
    in a district shall be deemed to constitute an application for
    asylum in the district.
      "(B) Not more than $20,000,000 shall be made available for all
    localities under this paragraph.
      "(C) For purposes of subparagraph (A), the requirement of
    paragraph (1) that an immigration emergency be determined shall not
    apply.
      "(D) A decision with respect to an application for reimbursement
    under subparagraph (A) shall be made by the Attorney General within
    15 days after the date of receipt of the application."
      [Section 705(b) of Pub. L. 101-649 provided that: "Section
    404(b)(2)(A)(i) of the Immigration and Nationality Act [act June
    27, 1952, set out above], as added by the amendment made by
    subsection (a)(5), shall apply with respect to increases in the
    number of asylum applications filed in a calendar quarter beginning
    on or after January 1, 1989. The Attorney General may not spend any
    amounts from the immigration emergency fund pursuant to the
    amendments made by subsection (a) [amending section 404 of act June
    27, 1952, set out above] before October 1, 1991."]
      [Determination of President of the United States, No. 97-16, Feb.
    12, 1997, 62 F.R. 13981, provided that immigration emergency
    determined by President in 1995 to exist with respect to smuggling
    into United States of illegal aliens persisted and directed use of
    Immigration Emergency Fund established by section 404(b)(1) of act
    June 27, 1952, set out above.
      [Prior determination was contained in the following:
      [Determination of President of the United States, No. 95-49,
    Sept. 28, 1995, 60 F.R. 53677.]

     SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS TRANSLATORS WITH
                        UNITED STATES ARMED FORCES
      Pub. L. 109-163, div. A, title X, Sec. 1059, Jan. 6, 2006, 119
    Stat. 3443, provided that:
      "(a) In General. - For purposes of the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.), subject to subsection
    (c)(1), the Secretary of Homeland Security may provide an alien
    described in subsection (b) with the status of a special immigrant
    under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the
    alien - 
        "(1) files with the Secretary of Homeland Security a petition
      under section 204 of such Act (8 U.S.C. 1154) for classification
      under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
        "(2) is otherwise eligible to receive an immigrant visa and is
      otherwise admissible to the United States for permanent
      residence, except in determining such admissibility, the grounds
      for inadmissibility specified in section 212(a)(4) of such Act (8
      U.S.C. 1182(a)(4)) shall not apply.
      "(b) Aliens Described. - 
        "(1) Principal aliens. - An alien is described in this
      subsection if the alien - 
          "(A) is a national of Iraq or Afghanistan;
          "(B) worked directly with United States Armed Forces as a
        translator for a period of at least 12 months;
          "(C) obtained a favorable written recommendation from a
        general or flag officer in the chain of command of the United
        States Armed Forces unit that was supported by the alien; and
          "(D) before filing the petition described in subsection
        (a)(1), cleared a background check and screening, as determined
        by a general or flag officer in the chain of command of the
        United States Armed Forces unit that was supported by the
        alien.
        "(2) Spouses and children. - An alien is described in this
      subsection if the alien is the spouse or child of a principal
      alien described in paragraph (1), and is following or
      accompanying to join the principal alien.
      "(c) Numerical Limitations. - 
        "(1) In general. - The total number of principal aliens who may
      be provided special immigrant status under this section during
      any fiscal year shall not exceed 50.
        "(2) Counting against special immigrant cap. - For purposes of
      the application of sections 201 through 203 of the Immigration
      and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
      aliens eligible to be provided status under this section shall be
      treated as special immigrants described in section 101(a)(27) of
      such Act (8 U.S.C. 1101(a)(27)) who are not described in
      subparagraph (A), (B), (C), or (K) of such section.
      "(d) Application of Immigration and Nationality Act Provisions. -
    The definitions in subsections (a) and (b) of section 101 of the
    Immigration and Nationality Act (8 U.S.C. 1101) shall apply in the
    administration of this section."

              BATTERED IMMIGRANT WOMEN; FINDINGS AND PURPOSES          
      Pub. L. 106-386, div. B, title V, Sec. 1502, Oct. 28, 2000, 114
    Stat. 1518, provided that:
      "(a) Findings. - Congress finds that - 
        "(1) the goal of the immigration protections for battered
      immigrants included in the Violence Against Women Act of 1994
      [Pub. L. 103-322, title IV, see Tables for classification] was to
      remove immigration laws as a barrier that kept battered immigrant
      women and children locked in abusive relationships;
        "(2) providing battered immigrant women and children who were
      experiencing domestic violence at home with protection against
      deportation allows them to obtain protection orders against their
      abusers and frees them to cooperate with law enforcement and
      prosecutors in criminal cases brought against their abusers and
      the abusers of their children without fearing that the abuser
      will retaliate by withdrawing or threatening withdrawal of access
      to an immigration benefit under the abuser's control; and
        "(3) there are several groups of battered immigrant women and
      children who do not have access to the immigration protections of
      the Violence Against Women Act of 1994 which means that their
      abusers are virtually immune from prosecution because their
      victims can be deported as a result of action by their abusers
      and the Immigration and Naturalization Service cannot offer them
      protection no matter how compelling their case under existing
      law.
      "(b) Purposes. - The purposes of this title [see Short Title of
    2000 Amendments note above] are - 
        "(1) to remove barriers to criminal prosecutions of persons who
      commit acts of battery or extreme cruelty against immigrant women
      and children; and
        "(2) to offer protection against domestic violence occurring in
      family and intimate relationships that are covered in State and
      tribal protection orders, domestic violence, and family law
      statutes."

     PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING VICTIMS OF CRIMES
                               AGAINST WOMEN
      Pub. L. 106-386, div. B, title V, Sec. 1513(a), Oct. 28, 2000,
    114 Stat. 1533, provided that:
      "(a) Findings and Purpose. - 
        "(1) Findings. - Congress makes the following findings:
          "(A) Immigrant women and children are often targeted to be
        victims of crimes committed against them in the United States,
        including rape, torture, kidnaping, trafficking, incest,
        domestic violence, sexual assault, female genital mutilation,
        forced prostitution, involuntary servitude, being held hostage
        or being criminally restrained.
          "(B) All women and children who are victims of these crimes
        committed against them in the United States must be able to
        report these crimes to law enforcement and fully participate in
        the investigation of the crimes committed against them and the
        prosecution of the perpetrators of such crimes.
        "(2) Purpose. - 
          "(A) The purpose of this section [amending this section and
        sections 1182, 1184, 1255, and 1367 of this title] is to create
        a new nonimmigrant visa classification that will strengthen the
        ability of law enforcement agencies to detect, investigate, and
        prosecute cases of domestic violence, sexual assault,
        trafficking of aliens, and other crimes described in section
        101(a)(15)(U)(iii) of the Immigration and Nationality Act [8
        U.S.C. 1101(a)(15)(U)(iii)] committed against aliens, while
        offering protection to victims of such offenses in keeping with
        the humanitarian interests of the United States. This visa will
        encourage law enforcement officials to better serve immigrant
        crime victims and to prosecute crimes committed against aliens.
          "(B) Creating a new nonimmigrant visa classification will
        facilitate the reporting of crimes to law enforcement officials
        by trafficked, exploited, victimized, and abused aliens who are
        not in lawful immigration status. It also gives law enforcement
        officials a means to regularize the status of cooperating
        individuals during investigations or prosecutions. Providing
        temporary legal status to aliens who have been severely
        victimized by criminal activity also comports with the
        humanitarian interests of the United States.
          "(C) Finally, this section gives the Attorney General
        discretion to convert the status of such nonimmigrants to that
        of permanent residents when doing so is justified on
        humanitarian grounds, for family unity, or is otherwise in the
        public interest."

                    PHILIPPINE TRADERS AS NONIMMIGRANTS                
      Philippine traders classifiable as nonimmigrants under subsec.
    (a)(15)(E) of this section, see section 1184a of this title.

             IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM         
      Pub. L. 105-319, Oct. 30, 1998, 112 Stat. 3013, as amended by
    Pub. L. 107-234, Sec. 1, Oct. 4, 2002, 116 Stat. 1481; Pub. L. 108-
    449, Sec. 1(a), Dec. 10, 2004, 118 Stat. 3469, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Irish Peace Process Cultural and
    Training Program Act of 1998'.

      "SEC. 2. IRISH PEACE PROCESS CULTURAL AND TRAINING PROGRAM.
      "(a) Purpose. - 
        "(1) In general. - The Secretary of State and the Secretary of
      Homeland Security shall establish a program to allow young people
      from disadvantaged areas of designated counties suffering from
      sectarian violence and high structural unemployment to enter the
      United States for the purpose of developing job skills and
      conflict resolution abilities in a diverse, cooperative,
      peaceful, and prosperous environment, so that those young people
      can return to their homes better able to contribute toward
      economic regeneration and the Irish peace process. The program
      shall promote cross-community and cross-border initiatives to
      build grassroots support for long-term peaceful coexistence. The
      Secretary of State and the Secretary of Homeland Security shall
      cooperate with nongovernmental organizations to assist those
      admitted to participate fully in the economic, social, and
      cultural life of the United States.
        "(2) Scope and duration of program. - 
          "(A) In general. - The program under paragraph (1) shall
        provide for the admission of not more than 4,000 aliens under
        section 101(a)(15)(Q)(ii) of the Immigration and Nationality
        Act [8 U.S.C. 1101(a)(15)(Q)(ii)] (including spouses and minor
        children) in each of 4 consecutive program years.
          "(B) Offset in number of h-2b nonimmigrant admissions
        allowed. - Notwithstanding any other provision of law, for each
        alien so admitted in a fiscal year, the numerical limitation
        specified under section 214(g)(1)(B) of the Immigration and
        Nationality Act [8 U.S.C. 1184(g)(1)(B)] shall be reduced by 1
        for that fiscal year or the subsequent fiscal year.
        "(3) Records and report. - The Department of Homeland Security
      shall maintain records of the nonimmigrant status and place of
      residence of each alien admitted under the program. Not later
      than 120 days after the end of each program year, the Department
      of Homeland Security shall compile and submit to the Congress a
      report on the number of aliens admitted with nonimmigrant status
      under section 101(a)(15)(Q)(ii) [8 U.S.C. 1101(a)(15)(Q)(ii)] who
      have overstayed their visas.
        "(4) Designated counties defined. - For the purposes of this
      Act, the term 'designated counties' means the six counties of
      Northern Ireland and the counties of Louth, Monaghan, Cavan,
      Leitrim, Sligo, and Donegal within the Republic of Ireland.
        "(5) Program participant requirements. - An alien entering the
      United States as a participant in the program shall satisfy the
      following requirements:
          "(A) The alien shall be a citizen of the United Kingdom or
        the Republic of Ireland.
          "(B) The alien shall be between 21 and 35 years of age on the
        date of departure for the United States.
          "(C) The alien shall have resided continuously in a
        designated county for not less than 18 months before such date.
          "(D) The alien shall have been continuously unemployed for
        not less than 12 months before such date.
          "(E) The alien may not have a degree from an institution of
        higher education.
      "(b) Temporary Nonimmigrant Visa. - [Amended this section.]
      "(c) Cost-sharing. - The Secretary of State shall verify that the
    United Kingdom and the Republic of Ireland continue to pay a
    reasonable share of the costs of the administration of the cultural
    and training programs carried out pursuant to this Act.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated for each fiscal year such sums as may be necessary
    to carry out the purposes of this section. Amounts appropriated
    pursuant to this subsection are authorized to be available until
    expended.
      "(e) Sunset. - 
        "(1) Effective October 1, 2008, the Irish Peace Process
      Cultural and Training Program Act of 1998 is repealed.
        "(2) Effective October 1, 2008, section 101(a)(15)(Q) of the
      Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Q)) is
      amended - 
          "(A) by striking 'or' at the end of clause (i);
          "(B) by striking '(i)' after '(Q)'; and
          "(C) by striking clause (ii)."

               COORDINATION OF AMENDMENTS BY PUB. L. 104-208           
      Section 1(b) of div. C of Pub. L. 104-208 provided that: "Except
    as otherwise specifically provided - 
        "(1) whenever in this division [see Tables for classification]
      an amendment or repeal is expressed as the amendment or repeal of
      a section or other provision, the reference shall be considered
      to be made to that section or provision in the Immigration and
      Nationality Act [8 U.S.C. 1101 et seq.]; and
        "(2) amendments to a section or other provision are to such
      section or other provision before any amendment made to such
      section or other provision elsewhere in this division."

       APPLICABILITY OF TITLE V OF DIVISION C OF PUB. L. 104-208 TO
                            FOREIGN ASSISTANCE
      Section 592 of title V of div. C of Pub. L. 104-208 provided
    that: "This title [see Effective Date of 1996 Amendment note above]
    does not apply to any Federal, State, or local governmental
    program, assistance, or benefits provided to an alien under any
    program of foreign assistance as determined by the Secretary of
    State in consultation with the Attorney General."

    NOTIFICATION TO PUBLIC AND PROGRAM RECIPIENTS OF CHANGES REGARDING
                         ELIGIBILITY FOR PROGRAMS
      Section 593 of title V of div. C of Pub. L. 104-208 provided
    that:
      "(a) In General. - Each agency of the Federal Government or a
    State or political subdivision that administers a program affected
    by the provisions of this title [see Effective Date of 1996
    Amendment note above], shall, directly or through the States,
    provide general notification to the public and to program
    recipients of the changes regarding eligibility for any such
    program pursuant to this title.
      "(b) Failure To Give Notice. - Nothing in this section shall be
    construed to require or authorize continuation of eligibility if
    the notice under this section is not provided."

         REPORT ON ALIENS GRANTED REFUGEE STATUS OR ASYLUM DUE TO
     PERSECUTION FOR RESISTANCE TO COERCIVE POPULATION CONTROL METHODS
      Section 601(a)(2) of div. C of Pub. L. 104-208 provided that:
    "Not later than 90 days after the end of each fiscal year, the
    Attorney General shall submit a report to the Committee on the
    Judiciary of the House of Representatives and the Committee on the
    Judiciary of the Senate describing the number and countries of
    origin of aliens granted refugee status or asylum under
    determinations pursuant to the amendment made by paragraph (1)
    [amending this section]. Each such report shall also contain
    projections regarding the number and countries of origin of aliens
    that are likely to be granted refugee status or asylum for the
    subsequent 2 fiscal years."

     SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS; REQUIREMENTS
                                FOR NOTICE
      Section 648 of div. C of Pub. L. 104-208 provided that:
      "(a) Purchase of American-Made Equipment and Products. - It is
    the sense of the Congress that, to the greatest extent practicable,
    all equipment and products purchased with funds made available
    under this division [see Tables for classification] should be
    American-made.
      "(b) Notice to Recipients of Grants. - In providing grants under
    this division, the Attorney General, to the greatest extent
    practicable, shall provide to each recipient of a grant a notice
    describing the statement made in subsection (a) by the Congress."

                         IMPROVING BORDER CONTROLS                     
      Section 130006 of Pub. L. 103-322 provided that:
      "(a) Authorization of Appropriations. - There are authorized to
    be appropriated for the Immigration and Naturalization Service to
    increase the resources for the Border Patrol, the Inspections
    Program, and the Deportation Branch to apprehend illegal aliens who
    attempt clandestine entry into the United States or entry into the
    United States with fraudulent documents or who remain in the
    country after their nonimmigrant visas expire - 
        "(1) $228,000,000 for fiscal year 1995;
        "(2) $185,000,000 for fiscal year 1996;
        "(3) $204,000,000 for fiscal year 1997; and
        "(4) $58,000,000 for fiscal year 1998.
      "Of the sums authorized in this section, all necessary funds
    shall, subject to the availability of appropriations, be allocated
    to increase the number of agent positions (and necessary support
    personnel positions) in the Border Patrol by not less than 1,000
    full-time equivalent positions in each of fiscal years 1995, 1996,
    1997, and 1998 beyond the number funded as of October 1, 1994.
      "(b) Report. - By September 30, 1996 and September 30, 1998, the
    Attorney General shall report to the Congress on the programs
    described in this section. The report shall include an evaluation
    of the programs, an outcome-based measurement of performance, and
    an analysis of the cost effectiveness of the additional resources
    provided under this Act [see Tables for classification]."

                       VISAS FOR OFFICIALS OF TAIWAN                   
      Section 221 of Pub. L. 103-416, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(d)(3)(E), title VI, Sec. 671(b)(12),
    Sept. 30, 1996, 110 Stat. 3009-617, 3009-722, provided that:
    "Whenever the President of Taiwan or any other high-level official
    of Taiwan shall apply to visit the United States for the purposes
    of discussions with United States Federal or State government
    officials concerning - 
        "(1) trade or business with Taiwan that will reduce the United
      States-Taiwan trade deficit,
        "(2) prevention of nuclear proliferation,
        "(3) threats to the national security of the United States,
        "(4) the protection of the global environment,
        "(5) the protection of endangered species, or
        "(6) regional humanitarian disasters,
    the official shall be admitted to the United States, unless the
    official is otherwise inadmissible under the immigration laws of
    the United States."

            CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS        
      Section 225 of Pub. L. 103-416, as amended by Pub. L. 104-132,
    title IV, Sec. 436(b)(2), Apr. 24, 1996, 110 Stat. 1275; Pub. L.
    104-208, div. C, title III, Sec. 308(c)(4)(B), Sept. 30, 1996, 110
    Stat. 3009-616, provided that: "No amendment made by this Act [see
    Tables for classification] shall be construed to create any
    substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its agencies
    or officers or any other person."
      [Amendment by Pub. L. 104-132 effective as if included in
    enactment of Pub. L. 103-416, see section 436(b)(3) of Pub. L. 104-
    132 set out as an Effective Date of 1996 Amendment note under
    section 1252 of this title.]

               REPORT ON ADMISSION OF CERTAIN NONIMMIGRANTS           
      Section 202(b) of Pub. L. 102-232 directed Comptroller General,
    by not later than Oct. 1, 1994, to submit to Committees on the
    Judiciary of Senate and of House of Representatives a report
    containing information relating to the admission of artists,
    entertainers, athletes, and related support personnel as
    nonimmigrants under 8 U.S.C. 1101(a)(15)(O), (P), and information
    on the laws, regulations, and practices in effect in other
    countries that affect United States citizens and permanent resident
    aliens in the arts, entertainment, and athletics, in order to
    evaluate the impact of such admissions, laws, regulations, and
    practices on such citizens and aliens, directed Chairman of the
    Committee on the Judiciary of Senate to make the report available
    to interested parties and to hold a hearing respecting the report
    and directed such Committee to report to Senate its findings and
    any legislation it deems appropriate.

    DELAY UNTIL APRIL 1, 1992, IN IMPLEMENTATION OF PROVISIONS RELATING
    TO NONIMMIGRANT ARTISTS, ATHLETES, ENTERTAINERS, AND FASHION MODELS
      Section 3 of Pub. L. 102-110 provided that: "Section 214(g)(1)(C)
    of the Immigration and Nationality Act [8 U.S.C. 1184(g)(1)(C)]
    shall not apply to the issuance of visas or provision of status
    before April 1, 1992. Aliens seeking nonimmigrant admission as
    artists, athletes, entertainers, or fashion models (or for the
    purpose of accompanying or assisting in an artistic or athletic
    performance) before April 1, 1992, shall not be admitted under
    subparagraph (O)(i), (O)(ii), (P)(i), or (P)(iii) of section
    101(a)(15) of such Act [8 U.S.C. 1101(a)(15)], but may be admitted
    under the terms of subparagraph (H)(i)(b) of such section (as in
    effect on September 30, 1991)."

                     COMMISSION ON IMMIGRATION REFORM                 
      Section 141 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(c)(1), Dec. 12, 1991, 105 Stat. 1744, provided
    that:
      "(a) Establishment and Composition of Commission. - (1) Effective
    October 1, 1991, there is established a Commission on Immigration
    Reform (in this section referred to as the 'Commission') which
    shall be composed of 9 members to be appointed as follows:
        "(A) One member who shall serve as Chairman, to be appointed by
      the President.
        "(B) Two members to be appointed by the Speaker of the House of
      Representatives who shall select such members from a list of
      nominees provided by the Chairman of the Committee on the
      Judiciary of the House of Representatives.
        "(C) Two members to be appointed by the Minority Leader of the
      House of Representatives who shall select such members from a
      list of nominees provided by the ranking minority member of the
      Subcommittee on Immigration, Refugees, and International Law of
      the Committee on the Judiciary of the House of Representatives.
        "(D) Two members to be appointed by the Majority Leader of the
      Senate who shall select such members from a list of nominees
      provided by the Chairman of the Subcommittee on Immigration and
      Refugee Affairs of the Committee on the Judiciary of the Senate.
        "(E) Two members to be appointed by the Minority Leader of the
      Senate who shall select such members from a list of nominees
      provided by the ranking minority member of the Subcommittee on
      Immigration and Refugee Affairs of the Committee on the Judiciary
      of the Senate.
      "(2) Initial appointments to the Commission shall be made during
    the 45-day period beginning on October 1, 1991. A vacancy in the
    Commission shall be filled in the same manner in which the original
    appointment was made.
      "(3) Members shall be appointed to serve for the life of the
    Commission, except that the term of the member described in
    paragraph (1)(A) shall expire at noon on January 20, 1993, and the
    President shall appoint an individual to serve for the remaining
    life of the Commission.
      "(b) Functions of Commission. - The Commission shall - 
        "(1) review and evaluate the impact of this Act and the
      amendments made by this Act [see Tables for classification], in
      accordance with subsection (c); and
        "(2) transmit to the Congress - 
          "(A) not later than September 30, 1994, a first report
        describing the progress made in carrying out paragraph (1), and
          "(B) not later than September 30, 1997, a final report
        setting forth the Commission's findings and recommendations,
        including such recommendations for additional changes that
        should be made with respect to legal immigration into the
        United States as the Commission deems appropriate.
      "(c) Considerations. - 
        "(1) Particular considerations. - In particular, the Commission
      shall consider the following:
          "(A) The requirements of citizens of the United States and of
        aliens lawfully admitted for permanent residence to be joined
        in the United States by immediate family members and the impact
        which the establishment of a national level of immigration has
        upon the availability and priority of family preference visas.
          "(B) The impact of immigration and the implementation of the
        employment-based and diversity programs on labor needs,
        employment, and other economic and domestic conditions in the
        United States.
          "(C) The social, demographic, and natural resources impact of
        immigration.
          "(D) The impact of immigration on the foreign policy and
        national security interests of the United States.
          "(E) The impact of per country immigration levels on family-
        sponsored immigration.
          "(F) The impact of the numerical limitation on the adjustment
        of status of aliens granted asylum.
          "(G) The impact of the numerical limitations on the admission
        of nonimmigrants under section 214(g) of the Immigration and
        Nationality Act [8 U.S.C. 1184(g)].
        "(2) Diversity program. - The Commission shall analyze the
      information maintained under section 203(c)(3) of the Immigration
      and Nationality Act [8 U.S.C. 1153(c)(3)] and shall report to
      Congress in its report under subsection (b)(2) on - 
          "(A) the characteristics of individuals admitted under
        section 203(c) of the Immigration and Nationality Act, and
          "(B) how such characteristics compare to the characteristics
        of family-sponsored immigrants and employment-based immigrants.
      The Commission shall include in the report an assessment of the
      effect of the requirement of paragraph (2) of section 203(c) of
      the Immigration and Nationality Act on the diversity,
      educational, and skill level of aliens admitted.
      "(d) Compensation of Members. - (1) Each member of the Commission
    who is not an officer or employee of the Federal Government is
    entitled to receive, subject to such amounts as are provided in
    advance in appropriations Acts, pay at the daily equivalent of the
    minimum annual rate of basic pay in effect for grade GS-18 of the
    General Schedule. Each member of the Commission who is such an
    officer or employee shall serve without additional pay.
      "(2) While away from their homes or regular places of business in
    the performance of services for the Commission, members of the
    Commission shall be allowed travel expenses, including per diem in
    lieu of subsistence.
      "(e) Meetings, Staff, and Authority of Commission. - The
    provisions of subsections (e) through (g) of section 304 of the
    Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set out
    as a note under section 1160 of this title] shall apply to the
    Commission in the same manner as they apply to the Commission
    established under such section, except that paragraph (2) of
    subsection (e) thereof shall not apply.
      "(f) Authorization of Appropriations. - (1) There are authorized
    to be appropriated to the Commission such sums as may be necessary
    to carry out this section.
      "(2) Notwithstanding any other provision of this section, the
    authority to make payments, or to enter into contracts, under this
    section shall be effective only to such extent, or in such amounts,
    as are provided in advance in appropriations Acts.
      "(g) Termination Date. - The Commission shall terminate on the
    date on which a final report is required to be transmitted under
    subsection (b)(2)(B), except that the Commission may continue to
    function until January 1, 1998, for the purpose of concluding its
    activities, including providing testimony to standing committees of
    Congress concerning its final report under this section and
    disseminating that report.
      "(h) Congressional Response. - (1) No later than 90 days after
    the date of receipt of each report transmitted under subsection
    (b)(2), the Committees on the Judiciary of the House of
    Representatives and of the Senate shall initiate hearings to
    consider the findings and recommendations of the report.
      "(2) No later than 180 days after the date of receipt of such a
    report, each such Committee shall report to its respective House
    its oversight findings and any legislation it deems appropriate.
      "(i) Presidential Report. - The President shall conduct a review
    and evaluation and provide for the transmittal of reports to the
    Congress in the same manner as the Commission is required to
    conduct a review and evaluation and to transmit reports under
    subsection (b)."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

      SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED AT UNITED
            STATES MISSION IN HONG KONG (D SPECIAL IMMIGRANTS)
      Section 152 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(d)(1), Dec. 12, 1991, 105 Stat. 1744, provided
    that:
      "(a) In General. - Subject to subsection (c), an alien described
    in subsection (b) shall be treated as a special immigrant described
    in section 101(a)(27)(D) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(27)(D)].
      "(b) Aliens Covered. - An alien is described in this subsection
    if - 
        "(1) the alien is - 
          "(A) an employee at the United States consulate in Hong Kong
        under the authority of the Chief of Mission (including
        employment pursuant to section 5913 of title 5, United States
        Code) and has performed faithful service as such an employee
        for a total of three years or more, or
          "(B) a member of the immediate family (as defined in 6
        Foreign Affairs Manual 117k as of the date of the enactment of
        this Act [Nov. 29, 1990]) of an employee described in
        subparagraph (A) who has been living with the employee in the
        same household;
        "(2) the welfare of the employee or such an immediate family
      member is subject to a clear threat due directly to the
      employee's employment with the United States Government or under
      a United States Government official; and
        "(3) the principal officer in Hong Kong, in the officer's
      discretion, has recommended the granting of special immigrant
      status to such alien in exceptional circumstances and the
      Secretary of State approves such recommendation and finds that it
      is in the national interest to grant such status.
      "(c) Expiration. - Subsection (a) shall only apply to aliens who
    file an application for special immigrant status under this section
    by not later than January 1, 2002.
      "(d) Limited Waiver of Numerical Limitations. - The first 500
    visas made available to aliens as special immigrants under this
    section shall not be counted against any numerical limitation
    established under section 201 or 202 of the Immigration and
    Nationality Act [8 U.S.C. 1151 or 1152]."

              INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649          
      Amendment by section 203(c) of Pub. L. 101-649 not to affect
    performance of longshore work in United States by citizens or
    nationals of United States, see section 203(a)(2) of Pub. L. 101-
    649, set out as a note under section 1288 of this title.

          APPLICATION OF TREATY TRADER FOR CERTAIN FOREIGN STATES      
      Section 204(b) of Pub. L. 101-649 provided that: "Each of the
    following foreign states shall be considered, for purposes of
    section 101(a)(15)(E) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)(E)], to be a foreign state described in such
    section if the foreign state extends reciprocal nonimmigrant
    treatment to nationals of the United States:
        "(1) The largest foreign state in each region (as defined in
      section 203(c)(1) of the Immigration and Nationality Act [8
      U.S.C. 1153(c)(1)]) which (A) has 1 or more dependent areas (as
      determined for purposes of section 202 of such Act [8 U.S.C.
      1152]) and (B) does not have a treaty of commerce and navigation
      with the United States.
        "(2) The foreign state which (A) was identified as an adversely
      affected foreign state for purposes of section 314 of the
      Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set
      out as a note under section 1153 of this title] and (B) does not
      have a treaty of commerce and navigation with the United States,
      but (C) had such a treaty with the United States before 1925."

    CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING AND
                        MANAGEMENT CONSULTING FIRMS
      Section 206(a) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(a)(9), Dec. 12, 1991, 105 Stat. 1748; Pub. L.
    106-95, Sec. 6, Nov. 12, 1999, 113 Stat. 1319, provided that: "In
    applying sections 101(a)(15)(L) and 203(b)(1)(C) of the Immigration
    and Nationality Act [8 U.S.C. 1101(a)(15)(L), 1153(b)(1)(C)], and
    for no other purpose, in the case of a partnership that is
    organized in the United States to provide accounting or management
    consulting services and that markets its accounting or management
    consulting services under an internationally recognized name under
    an agreement with a worldwide coordinating organization that is
    collectively owned and controlled by the member accounting and
    management consulting firms or by the elected members (partners,
    shareholders, members, employees) thereof, an entity that is
    organized outside the United States to provide accounting or
    management consulting services shall be considered to be an
    affiliate of the United States accounting or management consulting
    partnership if it markets its accounting or management consulting
    services under the same internationally recognized name directly or
    indirectly under an agreement with the same worldwide coordinating
    organization of which the United States partnership is also a
    member. Those partnerships organized within the United States and
    entities organized outside the United States which are considered
    affiliates under this subsection shall continue to be considered
    affiliates to the extent such firms enter into a plan of
    association with a successor worldwide coordinating organization,
    which need not be collectively owned and controlled."

     ADMISSION OF NONIMMIGRANTS FOR COOPERATIVE RESEARCH, DEVELOPMENT,
                         AND COPRODUCTION PROJECTS
      Section 222 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(b)(3), Dec. 12, 1991, 105 Stat. 1748, provided
    that:
      "(a) In General. - Subject to subsection (b), the Attorney
    General shall provide for nonimmigrant status in the case of an
    alien who - 
        "(1) has a residence in a foreign country which the alien has
      no intention of abandoning, and
        "(2) is coming to the United States, upon a basis of
      reciprocity, to perform services of an exceptional nature
      requiring such merit and ability relating to a cooperative
      research and development project or a coproduction project
      provided under a government-to-government agreement administered
      by the Secretary of Defense, but not to exceed a period of more
      than 10 years,
    or who is the spouse or minor child of such an alien if
    accompanying or following to join the alien.
      "(b) Numerical Limitation. - The number of aliens who may be
    admitted as (or otherwise be provided the status of) a nonimmigrant
    under this section at any time may not exceed 100."

        ESTABLISHMENT OF SPECIAL EDUCATION EXCHANGE VISITOR PROGRAM    
      Section 223 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(b)(4), Dec. 12, 1991, 105 Stat. 1748, provided
    that:
      "(a) In General. - Subject to subsection (b), the Attorney
    General shall provide for nonimmigrant status in the case of an
    alien who - 
        "(1) has a residence in a foreign country which the alien has
      no intention of abandoning, and
        "(2) is coming temporarily to the United States (for a period
      not to exceed 18 months) as a participant in a special education
      training program which provides for practical training and
      experience in the education of children with physical, mental, or
      emotional disabilities,
    or who is the spouse or minor child of such an alien if
    accompanying or following to join the alien.
      "(b) Numerical Limitation. - The number of aliens who may be
    admitted as (or otherwise be provided the status of) a nonimmigrant
    under this section in any fiscal year may not exceed 50."

       EXTENSION OF H-1 IMMIGRATION STATUS FOR CERTAIN NONIMMIGRANTS
       EMPLOYED IN COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS AND
                           COPRODUCTION PROJECTS
      Pub. L. 101-189, div. A, title IX, Sec. 937, Nov. 29, 1989, 103
    Stat. 1538, provided that: "The Attorney General shall provide for
    the extension through December 31, 1991, of nonimmigrant status
    under section 101(a)(15)(H)(i) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(15)(H)(i)) for an alien to perform
    temporarily services relating to a cooperative research and
    development project or a coproduction project provided under a
    government-to-government agreement administered by the Secretary of
    Defense in the case of an alien who has had such status for a
    period of at least five years if such status has not expired as of
    the date of the enactment of this Act [Nov. 29, 1989] but would
    otherwise expire during 1989, 1990, or 1991, due only to the time
    limitations with respect to such status."

       EXTENSION OF H-1 STATUS FOR CERTAIN REGISTERED NURSES THROUGH
                             DECEMBER 31, 1989
      Pub. L. 100-658, Sec. 4, Nov. 15, 1988, 102 Stat. 3909, provided
    that: "The Attorney General shall provide for the extension through
    December 31, 1989, of nonimmigrant status under section
    101(a)(15)(H)(i) of the Immigration and Nationality Act [8 U.S.C.
    1101(a)(15)(H)(i)] for an alien to perform temporarily services as
    a registered nurse in the case of an alien who has had such status
    for a period of at least 5 years if - 
        "(1) such status has not expired as of the date of the
      enactment of this Act [Nov. 15, 1988] but would otherwise expire
      during 1988 or 1989, due only to the time limitation with respect
      to such status; or
        "(2)(A) the alien's status as such a nonimmigrant expired
      during the period beginning on January 1, 1987, and ending on the
      date of the enactment of this Act, due only to the time
      limitation with respect to such status,
        "(B) the alien is present in the United States as of the date
      of the enactment of this Act,
        "(C) the alien has been employed as a registered nurse in the
      United States since the date of expiration of such status, and
        "(D) in the case of an alien whose status expired during 1987,
      the alien's employer has filed with the Immigration and
      Naturalization Service, before the date of the enactment of this
      Act, an appeal of a petition filed in connection with the alien's
      application for extension of such status."

     RESIDENCE WITHIN UNITED STATES CONTINUED DURING PERIOD OF ABSENCE 
      Section 2(o)(2) of Pub. L. 100-525 provided that: "Only for
    purposes of section 101(a)(27)(I) of the Immigration and
    Nationality Act [8 U.S.C. 1101(a)(27)(I)], an alien who is or was
    an officer or employee of an international organization (or is the
    unmarried son or daughter or surviving spouse of such an officer or
    employee or former officer or employee) is considered to be
    residing and physically present in the United States during a
    period in which the alien is residing in the United States but is
    absent from the United States because of the officer's or
    employee's need to conduct official business on behalf of the
    organization or because of customary leave, but only if during the
    period of the absence the officer or employee continues to have a
    duty station in the United States and, in the case of such an
    unmarried son or daughter, the son or daughter is not enrolled in a
    school outside the United States."

       NONIMMIGRANT TRADERS AND INVESTORS UNDER UNITED STATES-CANADA
                           FREE-TRADE AGREEMENT
      For provisions allowing Canadian citizens to be classifiable as
    nonimmigrants under subsec. (a)(15)(E) of this section upon a basis
    of reciprocity secured by the United States-Canada Free-Trade
    Agreement, see section 307(a) of Pub. L. 100-449, set out in a note
    under section 2112 of Title 19, Customs Duties.

                           AMERASIAN IMMIGRATION                       
      Pub. L. 100-461, title II, Oct. 1, 1988, 102 Stat. 2268-15, as
    amended by Pub. L. 101-167, title II, Nov. 21, 1989, 103 Stat.
    1211; Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 228; Pub.
    L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996, provided: "That
    the provisions of subsection (c) of section 584 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 1988, as contained in section 101(e) of Public Law 100-202
    [set out below], shall apply to an individual who (1) departs from
    Vietnam after the date of the enactment of this Act [Oct. 1, 1988],
    and (2) is described in subsection (b) of such section, but who is
    issued an immigrant visa under section 201(b) or 203(a) of the
    Immigration and Nationality Act [8 U.S.C. 1151(b), 1153(a)] (rather
    than under subsection (a) of such section), or would be described
    in subsection (b) of such section if such section also applied to
    principal aliens who were citizens of the United States (rather
    than merely to aliens)".
      Pub. L. 100-202, Sec. 101(e) [title V, Sec. 584], Dec. 22, 1987,
    101 Stat. 1329-183, as amended by Pub. L. 101-167, title II, Nov.
    21, 1989, 103 Stat. 1211; Pub. L. 101-513, title II, Nov. 5, 1990,
    104 Stat. 1996; Pub. L. 101-649, title VI, Sec. 603(a)(20), Nov.
    29, 1990, 104 Stat. 5084; Pub. L. 102-232, title III, Sec.
    307(l)(8), Dec. 12, 1991, 105 Stat. 1757, provided that:
      "(a)(1) Notwithstanding any numerical limitations specified in
    the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the
    Attorney General may admit aliens described in subsection (b) to
    the United States as immigrants if - 
        "(A) they are admissible (except as otherwise provided in
      paragraph (2)) as immigrants, and
        "(B) they are issued an immigrant visa and depart from Vietnam
      on or after March 22, 1988.
      "(2) The provisions of paragraphs (4), (5), and (7)(A) of section
    212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4),
    (5), and (7)(A)] shall not be applicable to any alien seeking
    admission to the United States under this section, and the Attorney
    General on the recommendation of a consular officer may waive any
    other provision of such section (other than paragraph (2)(C) or
    subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect
    to such an alien for humanitarian purposes, to assure family unity,
    or when it is otherwise in the public interest. Any such waiver by
    the Attorney General shall be in writing and shall be granted only
    on an individual basis following an investigation by a consular
    officer.
      "(3) Notwithstanding section 221(c) of the Immigration and
    Nationality Act [8 U.S.C. 1201(c)], immigrant visas issued to
    aliens under this section shall be valid for a period of one year.
      "(b)(1) An alien described in this section is an alien who, as of
    the date of the enactment of this Act [Dec. 22, 1987], is residing
    in Vietnam and who establishes to the satisfaction of a consular
    officer or an officer of the Immigration and Naturalization Service
    after a face-to-face interview, that the alien - 
        "(A)(i) was born in Vietnam after January 1, 1962, and before
      January 1, 1976, and (ii) was fathered by a citizen of the United
      States (such an alien in this section referred to as a 'principal
      alien');
        "(B) is the spouse or child of a principal alien and is
      accompanying, or following to join, the principal alien; or
        "(C) subject to paragraph (2), either (i) is the principal
      alien's natural mother (or is the spouse or child of such
      mother), or (ii) has acted in effect as the principal alien's
      mother, father, or next-of-kin (or is the spouse or child of such
      an alien), and is accompanying, or following to join, the
      principal alien.
      "(2) An immigrant visa may not be issued to an alien under
    paragraph (1)(C) unless the officer referred to in paragraph (1)
    has determined, in the officer's discretion, that (A) such an alien
    has a bona fide relationship with the principal alien similar to
    that which exists between close family members and (B) the
    admission of such an alien is necessary for humanitarian purposes
    or to assure family unity. If an alien described in paragraph
    (1)(C)(ii) is admitted to the United States, the natural mother of
    the principal alien involved shall not, thereafter, be accorded any
    right, privilege, or status under the Immigration and Nationality
    Act [8 U.S.C. 1101 et seq.] by virtue of such parentage.
      "(3) For purposes of this section, the term 'child' has the
    meaning given such term in section 101(b)(1)(A), (B), (C), (D), and
    (E) of the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A)-
    (E)].
      "(c) Any alien admitted (or awaiting admission) to the United
    States under this section shall be eligible for benefits under
    chapter 2 of title IV of the Immigration and Nationality Act [8
    U.S.C. 1521 et seq.] to the same extent as individuals admitted (or
    awaiting admission) to the United States under section 207 of such
    Act [8 U.S.C. 1157] are eligible for benefits under such chapter.
      "(d) The Attorney General, in cooperation with the Secretary of
    State, shall report to Congress 1 year, 2 years, and 3 years, after
    the date of the enactment of this Act [Dec. 22, 1987] on the
    implementation of this section. Each such report shall include the
    number of aliens who are issued immigrant visas and who are
    admitted to the United States under this section and number of
    waivers granted under subsection (a)(2) and the reasons for
    granting such waivers.
      "(e) Except as otherwise specifically provided in this section,
    the definitions contained in the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.] shall apply in the administration of this
    section and nothing contained in this section shall be held to
    repeal, amend, alter, modify, effect, or restrict the powers,
    duties, functions, or authority of the Attorney General in the
    administration and enforcement of such Act or any other law
    relating to immigration, nationality, or naturalization. The fact
    that an alien may be eligible to be granted the status of having
    been lawfully admitted for permanent residence under this section
    shall not preclude the alien from seeking such status under any
    other provision of law for which the alien may be eligible."
      [Section 307(l)(8) of Pub. L. 102-232 provided that the amendment
    made by that section to section 101(e) [title V, Sec. 584(a)(2)] of
    Pub. L. 100-202, set out above, is effective as if included in
    section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.]
      [Pub. L. 101-513, title II, Nov. 5, 1990, 104 Stat. 1996,
    provided that the amendment made by Pub. L. 101-513 to Pub. L. 100-
    202, Sec. 101(e) [title V, Sec. 584(b)(2)], set out above, is
    effective Dec. 22, 1987.]

        AUTHORIZATION OF APPROPRIATIONS FOR ENFORCEMENT AND SERVICE
           ACTIVITIES OF IMMIGRATION AND NATURALIZATION SERVICE
      Section 111 of Pub. L. 99-603 provided that:
      "(a) Two Essential Elements. - It is the sense of Congress that
    two essential elements of the program of immigration control
    established by this Act [see Short Title of 1986 Amendments note
    above] are - 
        "(1) an increase in the border patrol and other inspection and
      enforcement activities of the Immigration and Naturalization
      Service and of other appropriate Federal agencies in order to
      prevent and deter the illegal entry of aliens into the United
      States and the violation of the terms of their entry, and
        "(2) an increase in examinations and other service activities
      of the Immigration and Naturalization Service and other
      appropriate Federal agencies in order to ensure prompt and
      efficient adjudication of petitions and applications provided for
      under the Immigration and Nationality Act [this chapter].
      "(b) Increased Authorization of Appropriations for INS and EOIR. -
     In addition to any other amounts authorized to be appropriated,
    in order to carry out this Act there are authorized to be
    appropriated to the Department of Justice - 
        "(1) for the Immigration and Naturalization Service, for fiscal
      year 1987, $422,000,000, and for fiscal year 1988, $419,000,000;
      and
        "(2) for the Executive Office of Immigration Review, for fiscal
      year 1987, $12,000,000, and for fiscal year 1988, $15,000,000.
    Of the amounts authorized to be appropriated under paragraph (1)
    sufficient funds shall be available to provide for an increase in
    the border patrol personnel of the Immigration and Naturalization
    Service so that the average level of such personnel in each of
    fiscal years 1987 and 1988 is at least 50 percent higher than such
    level for fiscal year 1986.
      "(c) Use of Funds for Improved Services. - Of the funds
    appropriated to the Department of Justice for the Immigration and
    Naturalization Service, the Attorney General shall provide for
    improved immigration and naturalization services and for enhanced
    community outreach and in-service training of personnel of the
    Service. Such enhanced community outreach may include the
    establishment of appropriate local community taskforces to improve
    the working relationship between the Service and local community
    groups and organizations (including employers and organizations
    representing minorities).
      "(d) Supplemental Authorization of Appropriations for Wage and
    Hour Enforcement. - There are authorized to be appropriated, in
    addition to such sums as may be available for such purposes, such
    sums as may be necessary to the Department of Labor for enforcement
    activities of the Wage and Hour Division and the Office of Federal
    Contract Compliance Programs within the Employment Standards
    Administration of the Department in order to deter the employment
    of unauthorized aliens and remove the economic incentive for
    employers to exploit and use such aliens."

         ELIGIBILITY OF H-2 AGRICULTURAL WORKERS FOR CERTAIN LEGAL
                                ASSISTANCE
      Section 305 of Pub. L. 99-603 provided that: "A nonimmigrant
    worker admitted to or permitted to remain in the United States
    under section 101(a)(15)(H)(ii)(a) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) for agricultural
    labor or service shall be considered to be an alien described in
    section 101(a)(20) of such Act (8 U.S.C. 1101(a)(20)) for purposes
    of establishing eligibility for legal assistance under the Legal
    Services Corporation Act (42 U.S.C. 2996 et seq.), but only with
    respect to legal assistance on matters relating to wages, housing,
    transportation, and other employment rights as provided in the
    worker's specific contract under which the nonimmigrant was
    admitted."

        DENIAL OF CREW MEMBER NONIMMIGRANT VISA IN CASE OF STRIKES    
      Section 315(d) of Pub. L. 99-603 provided that:
      "(1) Except as provided in paragraph (2), during the one-year
    period beginning on the date of the enactment of this Act [Nov. 6,
    1986], an alien may not be admitted to the United States as an
    alien crewman (under section 101(a)(15)(D) of the Immigration and
    Nationality Act, 8 U.S.C. 1101(a)(15)(D)) for the purpose of
    performing service on board a vessel or aircraft at a time when
    there is a strike in the bargaining unit of the employer in which
    the alien intends to perform such service.
      "(2) Paragraph (1) shall not apply to an alien employee who was
    employed before the date of the strike concerned and who is seeking
    admission to enter the United States to continue to perform
    services as a crewman to the same extent and on the same routes as
    the alien performed such services before the date of the strike."

           SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO       
      Section 407 of Pub. L. 99-603 provided that: "It is the sense of
    the Congress that the President of the United States should consult
    with the President of the Republic of Mexico within 90 days after
    enactment of this Act [Nov. 6, 1986] regarding the implementation
    of this Act [see Short Title of 1986 Amendments note above] and its
    possible effect on the United States or Mexico. After the
    consultation, it is the sense of the Congress that the President
    should report to the Congress any legislative or administrative
    changes that may be necessary as a result of the consultation and
    the enactment of this legislation."

    COMMISSION FOR THE STUDY OF INTERNATIONAL MIGRATION AND COOPERATIVE
                           ECONOMIC DEVELOPMENT
      Section 601 of Pub. L. 99-603, as amended by Pub. L. 100-525,
    Sec. 2(r), Oct. 24, 1988, 102 Stat. 2614, provided for
    establishment, membership, etc., of a Commission for the Study of
    International Migration and Cooperative Economic Development to
    examine, in consultation with governments of Mexico and other
    sending countries in Western Hemisphere, the conditions which
    contribute to unauthorized migration to United States and mutually
    beneficial reciprocal trade and investment programs to alleviate
    conditions leading to such unauthorized migration and to report to
    President and Congress, not later than 3 years after appointment of
    members of Commission, on results of Commission's examination with
    recommendations on providing mutually beneficial reciprocal trade
    and investment programs to alleviate such unauthorized migration.

                     TREATMENT OF DEPARTURES FROM GUAM                 
      Section 2 of Pub. L. 99-505 provided that: "In the administration
    of section 101(a)(15)(D)(ii) of the Immigration and Nationality Act
    [8 U.S.C. 1101(a)(15)(D)(ii)] (added by the amendment made by
    section 1 of this Act), an alien crewman shall be considered to
    have departed from Guam after leaving the territorial waters of
    Guam, without regard to whether the alien arrives in a foreign
    state before returning to Guam."

             ALIEN EMPLOYEES OF AMERICAN UNIVERSITY OF BEIRUT         
      Priv. L. 98-53, Oct. 30, 1984, 98 Stat. 3437, provided: "That an
    alien lawfully admitted to the United States for permanent
    residence shall be considered, for purposes of section
    101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(27)(A)), to be temporarily visiting abroad during any
    period (before or after the date of the enactment of this Act [Oct.
    30, 1984]) in which the alien is employed by the American
    University of Beirut."

      STUDY AND EVALUATION OF EXCHANGE PROGRAMS FOR GRADUATE MEDICAL
    EDUCATION OF ALIEN GRADUATES OF FOREIGN MEDICAL SCHOOLS; REPORT TO
                 CONGRESS NOT LATER THAN JANUARY 15, 1983
      Section 5(e) of Pub. L. 97-116 directed Secretary of Health and
    Human Services, after consultation with Attorney General, Secretary
    of State, and Director of the International Communication Agency,
    to evaluate effectiveness and value to foreign nations and United
    States of exchange programs for graduate medical education or
    training of aliens who were graduates of foreign medical schools,
    and to report to Congress, not later than Jan. 15, 1983, on such
    evaluation, and include such recommendations for changes in
    legislation and regulations as appropriate.

    ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN
                ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
      Upon application during the one-year period beginning Sept. 30,
    1982, by an alien who was inspected and admitted to the Virgin
    Islands of the United States either as a nonimmigrant alien worker
    under subsec. (a)(15)(H)(ii) of this section or as a spouse or
    minor child of such worker, and has resided continuously in the
    Virgin Islands since June 30, 1975, the Attorney General may adjust
    the status of such nonimmigrant alien to that of an alien lawfully
    admitted for permanent residence, provided certain conditions are
    met, and such alien is not to be deported for failure to maintain
    nonimmigrant status until final action is taken on the alien's
    application for adjustment, see section 2(a), (b) of Pub. L. 97-
    271, set out as a note under section 1255 of this title.

    LIMITATION ON ADMISSION OF ALIENS SEEKING EMPLOYMENT IN THE VIRGIN
                                  ISLANDS
      Notwithstanding any other provision of law, the Attorney General
    not to be authorized, on or after Sept. 30, 1982, to approve any
    petition filed under section 1184(c) of this title in the case of
    importing any alien as a nonimmigrant under subsec. (a)(15)(H)(ii)
    of this section for employment in the Virgin Islands of the United
    States other than as an entertainer or as an athlete and for a
    period not exceeding 45 days, see section 3 of Pub. L. 97-271, set
    out as a note under section 1255 of this title.

               LIMITATION ON ADMISSION OF SPECIAL IMMIGRANTS           
      Section 3201(c) of Pub. L. 96-70 provided that notwithstanding
    any other provision of law, not more than 15,000 individuals could
    be admitted to the United States as special immigrants under
    subparagraphs (E), (F), and (G) of subsec. (a)(27) of this section,
    of which not more than 5,000 could be admitted in any fiscal year,
    prior to repeal by Pub. L. 103-416, title II, Sec. 212(a), Oct. 25,
    1994, 108 Stat. 4314.

-EXEC-
    EX. ORD. NO. 12711. POLICY IMPLEMENTATION WITH RESPECT TO NATIONALS
                       OF PEOPLE'S REPUBLIC OF CHINA
      Ex. Ord. No. 12711, Apr. 11, 1990, 55 F.R. 13897, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, the Attorney General and
    the Secretary of State are hereby ordered to exercise their
    authority, including that under the Immigration and Nationality Act
    (8 U.S.C. 1101-1557), as follows:
      Section 1. The Attorney General is directed to take any steps
    necessary to defer until January 1, 1994, the enforced departure of
    all nationals of the People's Republic of China (PRC) and their
    dependents who were in the United States on or after June 5, 1989,
    up to and including the date of this order (hereinafter "such PRC
    nationals").
      Sec. 2. The Secretary of State and the Attorney General are
    directed to take all steps necessary with respect to such PRC
    nationals (a) to waive through January 1, 1994, the requirement of
    a valid passport and (b) to process and provide necessary
    documents, both within the United States and at U.S. consulates
    overseas, to facilitate travel across the borders of other nations
    and reentry into the United States in the same status such PRC
    nationals had upon departure.
      Sec. 3. The Secretary of State and the Attorney General are
    directed to provide the following protections:
      (a) irrevocable waiver of the 2-year home country residence
    requirement that may be exercised until January 1, 1994, for such
    PRC nationals;
      (b) maintenance of lawful status for purposes of adjustment of
    status or change of nonimmigrant status for such PRC nationals who
    were in lawful status at any time on or after June 5, 1989, up to
    and including the date of this order;
      (c) authorization for employment of such PRC nationals through
    January 1, 1994; and
      (d) notice of expiration of nonimmigrant status (if applicable)
    rather than the institution of deportation proceedings, and
    explanation of options available for such PRC nationals eligible
    for deferral of enforced departure whose nonimmigrant status has
    expired.
      Sec. 4. The Secretary of State and the Attorney General are
    directed to provide for enhanced consideration under the
    immigration laws for individuals from any country who express a
    fear of persecution upon return to their country related to that
    country's policy of forced abortion or coerced sterilization, as
    implemented by the Attorney General's regulation effective January
    29, 1990.
      Sec. 5. The Attorney General is directed to ensure that the
    Immigration and Naturalization Service finalizes and makes public
    its position on the issue of training for individuals in F-1 visa
    status and on the issue of reinstatement into lawful nonimmigrant
    status of such PRC nationals who have withdrawn their applications
    for asylum.
      Sec. 6. The Departments of Justice and State are directed to
    consider other steps to assist such PRC nationals in their efforts
    to utilize the protections that I have extended pursuant to this
    order.
      Sec. 7. This order shall be effective immediately.
                                                            George Bush.

                       DETERRING ILLEGAL IMMIGRATION                   
      Memorandum of President of the United States, Feb. 7, 1995, 60
    F.R. 7885, provided:
      Memorandum for the Heads of Executive Departments and Agencies
      It is a fundamental right and duty for a nation to protect the
    integrity of its borders and its laws. This Administration shall
    stand firm against illegal immigration and the continued abuse of
    our immigration laws. By closing the back door to illegal
    immigration, we will continue to open the front door to legal
    immigrants.
      My Administration has moved swiftly to reverse the course of a
    decade of failed immigration policies. Our initiatives have
    included increasing overall Border personnel by over 50 percent
    since 1993. We also are strengthening worksite enforcement and work
    authorization verification to deter employment of illegal aliens.
    Asylum rules have been reformed to end abuse by those falsely
    claiming asylum, while offering protection to those in genuine fear
    of persecution. We are cracking down on smugglers of illegal aliens
    and reforming criminal alien deportation for quicker removal. And
    we are the first Administration to obtain funding to reimburse
    States for a share of the costs of incarcerating criminal illegal
    aliens.
      While we already are doing more to stem the flow of illegal
    immigration than has any previous Administration, more remains to
    be done. In conjunction with the Administration's unprecedented
    budget proposal to support immigration initiatives, this directive
    provides a blueprint of policies and priorities for this
    Administration's continuing work to curtail illegal immigration.
    With its focus on strong border deterrence backed up by effective
    worksite enforcement, removal of criminal and other deportable
    aliens and assistance to states, this program protects the security
    of our borders, our jobs and our communities for all Americans -
    citizens and legal immigrants alike.

-MISC3-
                   COMPREHENSIVE BORDER CONTROL STRATEGY               

      A. Deterring Illegal Immigration At Our Borders
      I have directed the Attorney General to move expeditiously toward
    full implementation of our comprehensive border control strategy,
    including efforts at the southwest border. To support sustained
    long-term strengthening of our deterrence capacity, the
    Administration shall seek funding to add new Border Patrol agents
    to reach the goal of at least 7,000 agents protecting our borders
    by the year 2000.

        Flexible Border Response Capacity
      To further this strategy, the Department of Justice shall
    implement the capacity to respond to emerging situations anywhere
    along our national borders to deter buildups of illegal border
    crossers, smuggling operations, or other developing problems.

        Strategic Use of High Technology
      Through the strategic use of sensors, night scopes, helicopters,
    light planes, all-terrain vehicles, fingerprinting and automated
    recordkeeping, we have freed many Border Patrol agents from long
    hours of bureaucratic tasks and increased the effectiveness of
    these highly-trained personnel. Because these tools are essential
    for the Immigration and Naturalization Service (INS) to do its job,
    I direct the Attorney General to accelerate to the greatest extent
    possible their utilization and enhancement to support
    implementation of our deterrence strategy.

        Strong Enforcement Against Repeat Illegal Crossers
      The Department of Justice shall assess the effectiveness of
    efforts underway to deter repeat illegal crossers, such as
    fingerprinting and dedicating prosecution resources to enforce the
    new prosecution authority provided by the Violent Crime Control and
    Law Enforcement Act of 1994 [Pub. L. 103-322, see Tables for
    classification].
      The Department of Justice shall determine whether accelerated
    expansion of these techniques to additional border sectors is
    warranted.

      B. Deterring Alien Smuggling
      This Administration has had success deterring large ship-based
    smuggling directly to United States shores. In response, smugglers
    are testing new routes and tactics. Our goal: similar success in
    choking off these attempts by adjusting our anti-smuggling
    initiatives to anticipate shifting smuggling patterns.
      To meet new and continuing challenges posed along transport
    routes and in foreign locations by smuggling organizations, we will
    augment diplomatic and enforcement resources at overseas locations
    to work with host governments, and increase related intelligence
    gathering efforts.
      The Departments of State and Justice, in cooperation with other
    relevant agencies, will report to the National Security Council
    within 30 days on the structure of interagency coordination to
    achieve these objectives.
      Congressional action will be important to provide U.S. law
    enforcement agencies with needed authority to deal with
    international smuggling operations. I will propose that the
    Congress pass legislation providing wiretap authority for
    investigation of alien smuggling cases and providing authorization
    to seize the assets of groups engaged in trafficking in human
    cargo.
      In addition, I will propose legislation to give the Attorney
    General authority to implement procedures for expedited exclusion
    to deal with large flows of undocumented migrants, smuggling
    operations, and other extraordinary migration situations.

      C. Visa Overstay Deterrence
      Nearly half of this country's illegal immigrants come into the
    country legally and then stay after they are required by law to
    depart, often using fraudulent documentation. No Administration has
    ever made a serious effort to identify and deport these
    individuals. This Administration is committed to curtailing this
    form of illegal immigration.
      Therefore, relevant departments and agencies are directed to
    review their policies and practices to identify necessary reforms
    to curtail visa overstayers and to enhance investigations and
    prosecution of those who fraudulently produce or misuse passports,
    visas, and other travel related documents. Recommendations for
    administrative initiatives and legislative reform shall be
    presented to the White House Interagency Working Group on
    Immigration by June 30, 1995.

     REDUCING THE MAGNET OF WORK OPPORTUNITIES, WORKSITE ENFORCEMENT,
                              AND DETERRENCE
      Border deterrence cannot succeed if the lure of jobs in the
    United States remains. Therefore, a second major component of the
    Administration's deterrence strategy is to toughen worksite
    enforcement and employer sanctions. Employers who hire illegal
    immigrants not only obtain unfair competitive advantage over law-
    abiding employers, their unlawful use of illegal immigrants
    suppresses wages and working conditions for our country's legal
    workers. Our strategy, which targets enforcement efforts at
    employers and industries that historically have relied upon
    employment of illegal immigrants, will not only strengthen
    deterrence of illegal immigration, but better protect American
    workers and businesses that do not hire illegal immigrants.
      Central to this effort is an effective, nondiscriminatory means
    of verifying the employment authorization of all new employees. The
    Administration fully supports the recommendation of the Commission
    on Legal Immigration Reform to create pilot projects to test
    various techniques for improving workplace verification, including
    a computer database test to validate a new worker's social security
    number for work authorization purposes. The Immigration and
    Naturalization Service (INS) and Social Security Administration are
    directed to establish, implement, monitor, and review the pilots
    and provide me with an interim report on the progress of this
    program by March 1, 1996.
      In addition, the INS is directed to finalize the Administration's
    reduction of the number of authorized documents to support work
    verification for noncitizens. Concurrently, the Administration will
    seek further reduction legislatively in the number of documents
    that are acceptable for proving identity and work authorization.
    The Administration will improve the security of existing documents
    to be used for work authorization and seek increased penalties for
    immigration fraud, including fraudulent production and use of
    documents.
      The Department of Labor shall intensify its investigations in
    industries with patterns of labor law violations that promote
    illegal immigration.
      I also direct the Department of Labor, INS, and other relevant
    Federal agencies to expand their collaboration in cracking down on
    those who subvert fair competition by hiring illegal aliens. This
    may include increased Federal authority to confiscate assets that
    are the fruits of that unfair competition.
      The White House Interagency Working Group on Immigration shall
    further examine the link between immigration and employment,
    including illegal immigration, and recommend to me other
    appropriate measures.

            DETENTION AND REMOVAL OF DEPORTABLE ILLEGAL ALIENS        
      The Administration's deterrence strategy includes strengthening
    the country's detention and deportation capability. No longer will
    criminals and other high risk deportable aliens be released back
    into communities because of a shortage of detention space and
    ineffective deportation procedures.

      A. Comprehensive Deportation Process Reform
      The Department of Justice, in consultation with other relevant
    agencies, shall develop a streamlined, fair, and effective
    procedure to expedite removal of deportable aliens. As necessary,
    additional legislative authority will be sought in this area. In
    addition, the Department of Justice shall increase its capacity to
    staff deportation and exclusion hearings to support these
    objectives.

      B. National Detention and Removal Plan
      To address the shortage of local detention space for illegal
    aliens, the Administration shall devise a National Detention,
    Transportation, and Removal Policy that will permit use of
    detention space across the United States and improve the ability to
    remove individuals with orders of deportation. The Department of
    Justice, in consultation with other agencies as appropriate and
    working under the auspices of the White House Interagency Working
    Group on Immigration, shall finalize this plan by April 30, 1995.
      The Administration will seek support and funding from the
    Congress for this plan and for our efforts to double the removal of
    illegal aliens with final orders of deportation.

      C. Identification and Removal of Criminal Aliens
      The Institutional Hearing Program is successfully expediting
    deportation of incarcerated criminal aliens after they serve their
    sentences.
      To further expedite removal of criminal aliens from this country
    and reduce costs to Federal and State governments, the Department
    of Justice is directed to develop an expanded program of
    verification of the immigration status of criminal aliens within
    our country's prisons. In developing this program, the viability of
    expanding the work of the Law Enforcement Support Center should be
    assessed and all necessary steps taken to increase coordination and
    cooperative efforts with State, and local law enforcement officers
    in identification of criminal aliens.

                         TARGETED DETERRENCE AREAS                     
      Many of the Administration's illegal immigration enforcement
    initiatives are mutually reinforcing. For example, strong interior
    enforcement supports border control. While there have been efforts
    over the years at piecemeal cooperation, this Administration will
    examine, develop, and test a more comprehensive coordinated package
    of deterrence strategies in selected metropolitan areas by multiple
    Federal, State, and local agencies.
      The White House Interagency Working Group on Immigration shall
    coordinate the development of this interagency and
    intergovernmental operation.

                 VERIFICATION OF ELIGIBILITY FOR BENEFITS             
      The law denies most government benefits to illegal aliens. The
    government has a duty to assure that taxpayer-supported public
    assistance programs are not abused. As with work authorization,
    enforcement of eligibility requirements relies upon a credible
    system of verification. The INS, working with the White House
    Interagency Working Group on Immigration as appropriate, shall
    review means of improving the existing benefits verification
    program. In addition, we will seek new mechanisms - including
    increased penalties for false information used to qualify for
    benefits - to protect the integrity of public programs.

                            ANTI-DISCRIMINATION                        
      Our efforts to combat illegal immigration must not violate the
    privacy and civil rights of legal immigrants and U.S. citizens.
    Therefore, I direct the Attorney General, the Secretary of Health
    and Human Services, the Chair of the Equal Employment Opportunity
    Commission, and other relevant Administration officials to
    vigorously protect our citizens and legal immigrants from
    immigration-related instances of discrimination and harassment. All
    illegal immigration enforcement measures shall be taken with due
    regard for the basic human rights of individuals and in accordance
    with our obligations under applicable international agreements.

                           ASSISTANCE TO STATES                       
      States today face significant costs for services provided to
    illegal immigrants as a result of failed policies of the past.
    Deterring illegal immigration is the best long-term solution to
    protect States from growing costs for illegal immigration. This is
    the first Administration to address this primary responsibility
    squarely. We are targeting most of our Federal dollars to those
    initiatives that address the root causes that lead to increased
    burdens on States.
      The Federal Government provides States with billions of dollars
    to provide for health care, education, and other services and
    benefits for immigrants. This Administration is proposing increases
    for immigration and immigration-related spending of 25 percent in
    1996 compared to 1993 levels. In addition, this Administration is
    the first to obtain funding from the Congress to reimburse States
    for a share of the costs of incarcerated illegal aliens.
      This Administration will continue to work with States to obtain
    more Federal help for certain State costs and will oppose
    inappropriate cost-shifting to the States.

                         INTERNATIONAL COOPERATION                     
      This Administration will continue to emphasize international
    cooperative efforts to address illegal immigration.
      Pursuant to a Presidential Review Directive (PRD), the Department
    of State is now coordinating a study on United States policy toward
    international refugee and migration affairs. I hereby direct that,
    as part of that PRD process, this report to the National Security
    Council include the relationship of economic development and
    migration in the Western Hemisphere and, in particular, provide
    recommendations for further foreign economic policy measures to
    address causes of illegal immigration.
      The Department of State shall coordinate an interagency effort to
    consider expanded arrangements with foreign governments for return
    of criminal and deportable aliens.
      The Department of State also shall seek to negotiate readmission
    agreements for persons who could have sought asylum in the last
    country from which they arrived. Such agreements will take due
    regard of U.S. obligations under the Protocol Relating to the
    Status of Refugees.
      The Department of State further shall implement cooperative
    efforts with other nations receiving smuggled aliens or those used
    as transhipment points by smugglers. In particular, we will look to
    countries in our hemisphere to join us by denying their territory
    as bases for smuggling operations.
      The Department of State shall initiate negotiations with foreign
    countries to secure authority for the United States Coast Guard to
    board source country vessels suspected of transporting smuggled
    aliens.
      This directive shall be published in the Federal Register.
                                                     William J. Clinton.

-CROSS-
                                DEFINITIONS                            
      Section 1(c) of div. C of Pub. L. 104-208 provided that: "Except
    as otherwise specifically provided in this division [see Tables for
    classification], for purposes of titles I [enacting section 1225a
    of this title and section 758 of Title 18, Crimes and Criminal
    Procedure, amending this section and sections 1103, 1182, 1251,
    1325, 1356, and 1357 of this title, and enacting provisions set out
    as notes under this section, sections 1103, 1182, 1221, 1325, and
    1356 of this title, and section 758 of Title 18] and VI [enacting
    sections 1363b and 1372 to 1375 of this title and section 116 of
    Title 18, amending this section, sections 1105a, 1151, 1152, 1154,
    1157, 1158, 1160, 1182, 1184, 1187, 1189, 1201, 1202, 1251, 1252a,
    1255 to 1255b, 1258, 1288, 1483, 1323, 1324, 1324b, 1356, and 1522
    of this title, section 112 of Title 32, National Guard, and section
    191 of Title 50, War and National Defense, enacting provisions set
    out as notes under this section, sections 1153, 1158, 1161, 1182,
    1187, 1189, 1202, 1255, 1433, and 1448 of this title, section 301
    of Title 5, Government Organization and Employees, section 116 of
    Title 18, and section 405 of Title 42, The Public Health and
    Welfare, and amending provisions set out as notes under sections
    1159, 1182, 1252, 1255a, 1323, 1401, and 1430 of this title] of
    this division, the terms 'alien', 'Attorney General', 'border
    crossing identification card', 'entry', 'immigrant', 'immigrant
    visa', 'lawfully admitted for permanent residence', 'national',
    'naturalization', 'refugee', 'State', and 'United States' shall
    have the meaning given such terms in section 101(a) of the
    Immigration and Nationality Act [8 U.S.C. 1101(a)]."
      Section 594 of title V of div. C of Pub. L. 104-208 provided
    that: "Except as otherwise provided in this title [see Effective
    Date of 1996 Amendment note above], for purposes of this title - 
        "(1) the terms 'alien', 'Attorney General', 'national',
      'naturalization', 'State', and 'United States' shall have the
      meaning given such terms in section 101(a) of the Immigration and
      Nationality Act [8 U.S.C. 1101(a)]; and
        "(2) the term 'child' shall have the meaning given such term in
      section 101(c) of the Immigration and Nationality Act."
      Section 14 of Pub. L. 85-316 provided that: "Except as otherwise
    specifically provided in this Act, the definitions contained in
    subsections (a) and (b) of section 101 of the Immigration and
    Nationality Act [8 U.S.C. 1101(a), (b)] shall apply to sections 4,
    5, 6, 7, 8, 9, 12, 13, and 15 of this Act [enacting sections 1182b,
    1182c, 1201a, 1205, 1251a, 1255a, and 1255b of this title and
    provisions set out as notes under section 1153 of this title and
    section 1971a of the Appendix to Title 50, War and National
    Defense.]"
      Many of the terms listed in this section are similarly defined in
    section 782 of Title 50, War and National Defense.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) See References in Text note below.

               

    (!3) So in original. Probably should be "jointly, determine - ".

               

    (!4) So in original. Probably should be followed by "; or".

    (!5) So in original. Probably should be preceded by "is".

               

    (!6) So in original. Probably should be followed by a semicolon.

    (!7) See References in Text note below.

    (!8) So in original. The phrase "of such section" probably
         should not appear.

-End-

-CITE-
    8 USC Sec. 1102                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1102. Diplomatic and semidiplomatic immunities

-STATUTE-
      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 removal of aliens shall not be construed to apply to
    nonimmigrants - 
        (1) within the class described in paragraph (15)(A)(i) of
      section 1101(a) of this title, except those provisions relating
      to reasonable requirements of passports and visas as a means of
      identification and documentation necessary to establish their
      qualifications under such paragraph (15)(A)(i), and, under such
      rules and regulations as the President may deem to be necessary,
      the provisions of subparagraphs (A) through (C) of section
      1182(a)(3) of this title;
        (2) within the class described in paragraph (15)(G)(i) of
      section 1101(a) of this title, except those provisions relating
      to reasonable requirements of passports and visas as a means of
      identification and documentation necessary to establish their
      qualifications under such paragraph (15)(G)(i), and the
      provisions of subparagraphs (A) through (C) of section 1182(a)(3)
      of this title; and
        (3) within the classes described in paragraphs (15)(A)(ii),
      (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 1101(a) of
      this title, except those provisions relating to reasonable
      requirements of passports and visas as a means of identification
      and documentation necessary to establish their qualifications
      under such paragraphs, and the provisions of subparagraphs (A)
      through (C) of section 1182(a)(3) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 102, 66 Stat. 173; Pub. L.
    100-525, Sec. 9(b), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649,
    title VI, Sec. 603(a)(2), Nov. 29, 1990, 104 Stat. 5082; Pub. L.
    102-232, title III, Sec. 307(i), Dec. 12, 1991, 105 Stat. 1756;
    Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(B), Sept. 30,
    1996, 110 Stat. 3009-617.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "removal" for "exclusion or
    deportation" in introductory provisions.
      1991 - Pars. (1) to (3). Pub. L. 102-232 substituted
    "subparagraphs (A) through (C) of section 1182(a)(3) of this title"
    for "paragraph (3) (other than subparagraph (E)) of section 1182(a)
    of this title".
      1990 - Pars. (1) to (3). Pub. L. 101-649 substituted "(3) (other
    than subparagraph (E))" for "(27)" in pars. (1) and (2), and
    "paragraph (3) (other than subparagraph (E))" for "paragraphs (27)
    and (29)" in par. (3).
      1988 - Par. (2). Pub. L. 100-525 substituted "documentation" for
    "documentaion".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

       DENIAL OF VISAS TO CERTAIN REPRESENTATIVES TO UNITED NATIONS   
      Pub. L. 101-246, title IV, Sec. 407, Feb. 16, 1990, 104 Stat. 67,
    provided that:
      "(a) In General. - The President shall use his authority,
    including the authorities contained in section 6 of the United
    Nations Headquarters Agreement Act (Public Law 80-357) [Aug. 4,
    1947, ch. 482, set out as a note under 22 U.S.C. 287], to deny any
    individual's admission to the United States as a representative to
    the United Nations if the President determines that such individual
    has been found to have been engaged in espionage activities
    directed against the United States or its allies and may pose a
    threat to United States national security interests.
      "(b) Waiver. - The President may waive the provisions of
    subsection (a) if the President determines, and so notifies the
    Congress, that such a waiver is in the national security interests
    of the United States."

-End-

-CITE-
    8 USC Sec. 1103                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1103. Powers and duties of the Secretary, the Under Secretary,
      and the Attorney General

-STATUTE-
    (a) Secretary of Homeland Security
      (1) The Secretary of Homeland Security 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, Attorney
    General, 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.
      (2) He shall have control, direction, and supervision of all
    employees and of all the files and records of the Service.
      (3) 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.
      (4) 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.
      (5) 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.
      (6) 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.
      (7) 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.
      (8) After consultation with the Secretary of State, the Attorney
    General may authorize officers of a foreign country to be stationed
    at preclearance facilities in the United States for the purpose of
    ensuring that persons traveling from or through the United States
    to that foreign country comply with that country's immigration and
    related laws.
      (9) Those officers may exercise such authority and perform such
    duties as United States immigration officers are authorized to
    exercise and perform in that foreign country under reciprocal
    agreement, and they shall enjoy such reasonable privileges and
    immunities necessary for the performance of their duties as the
    government of their country extends to United States immigration
    officers.
      (10) In the event the Attorney General determines that an actual
    or imminent mass influx of aliens arriving off the coast of the
    United States, or near a land border, presents urgent circumstances
    requiring an immediate Federal response, the Attorney General may
    authorize any State or local law enforcement officer, with the
    consent of the head of the department, agency, or establishment
    under whose jurisdiction the individual is serving, to perform or
    exercise any of the powers, privileges, or duties conferred or
    imposed by this chapter or regulations issued thereunder upon
    officers or employees of the Service.
      (11) The Attorney General, in support of persons in
    administrative detention in non-Federal institutions, is authorized
    - 
        (A) to make payments from funds appropriated for the
      administration and enforcement of the laws relating to
      immigration, naturalization, and alien registration for necessary
      clothing, medical care, necessary guard hire, and the housing,
      care, and security of persons detained by the Service pursuant to
      Federal law under an agreement with a State or political
      subdivision of a State; and
        (B) to enter into a cooperative agreement with any State,
      territory, or political subdivision thereof, for the necessary
      construction, physical renovation, acquisition of equipment,
      supplies or materials required to establish acceptable conditions
      of confinement and detention services in any State or unit of
      local government which agrees to provide guaranteed bed space for
      persons detained by the Service.
    (b) Land acquisition authority
      (1) The Attorney General may contract for or buy any interest in
    land, including temporary use rights, adjacent to or in the
    vicinity of an international land border when the Attorney General
    deems the land essential to control and guard the boundaries and
    borders of the United States against any violation of this chapter.
      (2) The Attorney General may contract for or buy any interest in
    land identified pursuant to paragraph (1) as soon as the lawful
    owner of that interest fixes a price for it and the Attorney
    General considers that price to be reasonable.
      (3) When the Attorney General and the lawful owner of an interest
    identified pursuant to paragraph (1) are unable to agree upon a
    reasonable price, the Attorney General may commence condemnation
    proceedings pursuant to section 3113 of title 40.
      (4) The Attorney General may accept for the United States a gift
    of any interest in land identified pursuant to paragraph (1).
    (c) 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. The Commissioner may enter into
    cooperative agreements with State and local law enforcement
    agencies for the purpose of assisting in the enforcement of the
    immigration laws.
    (d) 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 not been admitted or have been removed from the
    United States, on the number of applications filed and granted for
    cancellation of removal, 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.
    (e) Annual report
      (1) The Commissioner shall submit to Congress annually a report
    which contains a summary of the information collected under
    subsection (d) 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.
    (f) Minimum number of agents in States
      The Attorney General shall allocate to each State not fewer than
    10 full-time active duty agents of the Immigration and
    Naturalization Service to carry out the functions of the Service,
    in order to ensure the effective enforcement of this chapter.
    (g) Attorney General
      (1) In general
        The Attorney General shall have such authorities and functions
      under this chapter and all other laws relating to the immigration
      and naturalization of aliens as were exercised by the Executive
      Office for Immigration Review, or by the Attorney General with
      respect to the Executive Office for Immigration Review, on the
      day before the effective date of the Immigration Reform,
      Accountability and Security Enhancement Act of 2002.
      (2) Powers
        The Attorney General shall establish such regulations,
      prescribe such forms of bond, reports, entries, and other papers,
      issue such instructions, review such administrative
      determinations in immigration proceedings, delegate such
      authority, and perform such other acts as the Attorney General
      determines to be necessary for carrying out this section.
    (h) Office of Special Investigations
      (1) The Attorney General shall establish within the Criminal
    Division of the Department of Justice an Office of Special
    Investigations with the authority to detect and investigate, and,
    where appropriate, to take legal action to denaturalize any alien
    described in section 1182(a)(3)(E) of this title.
      (2) The Attorney General shall consult with the Secretary of
    Homeland Security in making determinations concerning the criminal
    prosecution or extradition of aliens described in section
    1182(a)(3)(E) of this title.
      (3) In determining the appropriate legal action to take against
    an alien described in section 1182(a)(3)(E) of this title,
    consideration shall be given to - 
        (A) the availability of criminal prosecution under the laws of
      the United States for any conduct that may form the basis for
      removal and denaturalization; or
        (B) the availability of extradition of the alien to a foreign
      jurisdiction that is prepared to undertake a prosecution for such
      conduct.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 103, 66 Stat. 173; Pub. L.
    100-525, Sec. 9(c), Oct. 24, 1988, 102 Stat. 2619; Pub. L. 101-649,
    title I, Sec. 142, Nov. 29, 1990, 104 Stat. 5004; Pub. L. 104-208,
    div. C, title I, Secs. 102(d), 125, 134(a), title III, Secs.
    308(d)(4)(C), (e)(4), 372, 373, Sept. 30, 1996, 110 Stat. 3009-555,
    3009-562, 3009-564, 3009-618, 3009-620, 3009-646, 3009-647; Pub. L.
    107-296, title XI, Sec. 1102, Nov. 25, 2002, 116 Stat. 2273; Pub.
    L. 108-7, div. L, Sec. 105(a)(1), (2), Feb. 20, 2003, 117 Stat.
    531; Pub. L. 108-458, title V, Sec. 5505(a), Dec. 17, 2004, 118
    Stat. 3741.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration Reform, Accountability and Security Enhancement
    Act of 2002, referred to in subsec. (g)(1), was S. 2444 of the
    107th Congress, as introduced on May 2, 2002, which was not enacted
    into law. Provisions relating to the Executive Office for
    Immigration Review are contained in section 521 of Title 6,
    Domestic Security.

-COD-
                               CODIFICATION                           
      "Section 3113 of title 40" substituted in subsec. (b)(3) for "the
    Act of August 1, 1888 (Chapter 728; 25 Stat. 357)" on authority of
    Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (h). Pub. L. 108-458 added subsec. (h).
      2003 - Subsec. (a). Pub. L. 108-7, Sec. 105(a)(1), amended Pub.
    L. 107-296, Sec. 1102(2). See 2002 Amendment notes below.
      Pub. L. 108-7, Sec. 105(a)(2), which directed the amendment of
    Pub. L. 107-296, was executed to section 1102(2) of Pub. L. 107-
    296, to reflect the probable intent of Congress. See 2002
    Amendment notes below.
      2002 - Pub. L. 107-296, Sec. 1102(1), amended section catchline
    generally.
      Subsec. (a). Pub. L. 107-296, Sec. 1102(2)(A), as added by Pub.
    L. 108-7, Sec. 105(a)(1), which directed the substitution of
    "Secretary of Homeland Security" for "Attorney General" in heading,
    was executed by inserting "Secretary of Homeland Security" as
    heading, to reflect the probable intent of Congress.
      Subsec. (a)(1). Pub. L. 107-296, Sec. 1102(2)(B), as added by
    Pub. L. 108-7, Sec. 105(a)(1), substituted "The Secretary of
    Homeland Security" for "The Attorney General".
      Pub. L. 107-296, Sec. 1102(2)(C), formerly Sec. 1102(2)(A), as
    redesignated by Pub. L. 108-7, Sec. 105(a)(2), inserted "Attorney
    General," after "President,". See 2003 Amendment note above.
      Subsec. (a)(8) to (11). Pub. L. 107-296, Sec. 1102(2)(D),
    formerly Sec. 1102(2)(B), as redesignated by Pub. L. 108-7, Sec.
    105(a)(2), redesignated par. (8), relating to Attorney General
    authorization of State and local law enforcement officers in event
    of mass influx of aliens arriving, and par. (9), relating to
    Attorney General authority to support administrative detention of
    persons in non-Federal institutions, as pars. (10) and (11),
    respectively. See 2003 Amendment note above.
      Subsec. (g). Pub. L. 107-296, Sec. 1102(3), added subsec. (g).
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 372(1), (2), inserted
    "(1)" before first sentence and designated each sentence after the
    first sentence, which included second through ninth sentences, as a
    separate par. with appropriate consecutive numbering and initial
    indentation.
      Pub. L. 104-208, Sec. 125, inserted at end "After consultation
    with the Secretary of State, the Attorney General may authorize
    officers of a foreign country to be stationed at preclearance
    facilities in the United States for the purpose of ensuring that
    persons traveling from or through the United States to that foreign
    country comply with that country's immigration and related laws.
    Those officers may exercise such authority and perform such duties
    as United States immigration officers are authorized to exercise
    and perform in that foreign country under reciprocal agreement, and
    they shall enjoy such reasonable privileges and immunities
    necessary for the performance of their duties as the government of
    their country extends to United States immigration officers."
      Subsec. (a)(8). Pub. L. 104-208, Sec. 372(3), added at end par.
    (8) relating to Attorney General authorization of State and local
    law enforcement officers in event of mass influx of aliens
    arriving.
      Subsec. (a)(9). Pub. L. 104-208, Sec. 373(1), added at end par.
    (9) relating to Attorney General authority to support
    administrative detention of persons in non-Federal institutions.
      Subsec. (b). Pub. L. 104-208, Sec. 102(d)(1)(B), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 104-208, Sec. 373(2), inserted at end "The
    Commissioner may enter into cooperative agreements with State and
    local law enforcement agencies for the purpose of assisting in the
    enforcement of the immigration laws."
      Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (b) as
    (c). Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated
    subsec. (c) as (d). Former subsec. (d) redesignated (e).
      Subsec. (d)(2). Pub. L. 104-208, Sec. 308(e)(4), which directed
    amendment of subsec. (c)(2) by substituting "cancellation of
    removal" for "suspension of deportation", was executed by making
    the substitution in subsec. (d)(2) to reflect the probable intent
    of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
    104-208, Sec. 102(d)(1)(A). See above.
      Pub. L. 104-208, Sec. 308(d)(4)(C), which directed amendment of
    subsec. (c)(2) by substituting "not been admitted or have been
    removed" for "been excluded or deported", was executed by making
    the substitution in subsec. (d)(2) to reflect the probable intent
    of Congress and the redesignation of subsec. (c) as (d) by Pub. L.
    104-208, Sec. 102(d)(1)(A). See above.
      Subsec. (e). Pub. L. 104-208, Sec. 102(d)(2), substituted
    "subsection (d)" for "subsection (c)" in par. (1).
      Pub. L. 104-208, Sec. 102(d)(1)(A), redesignated subsec. (d) as
    (e).
      Subsec. (f). Pub. L. 104-208, Sec. 134(a), added subsec. (f).
      1990 - Subsecs. (c), (d). Pub. L. 101-649 added subsecs. (c) and
    (d).
      1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(c)(1), substituted
    "instructions" for "intructions" and amended fourth sentence
    generally. Prior to amendment, fourth sentence read as follows: "He
    is authorized, in accordance with the civil-service laws and
    regulations and the Classification Act of 1949, to appoint such
    employees of the Service as he deems necessary, and to delegate to
    them or to any officer or employee of the Department of Justice in
    his discretion any of the duties and powers imposed upon him in
    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."
      Subsec. (b). Pub. L. 100-525, Sec. 9(c)(2), struck out provision
    that Commissioner was to receive compensation at rate of $17,500
    per annum.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective on the date of the
    transfer of functions from the Commissioner of Immigration and
    Naturalization to officials of the Department of Homeland Security
    (Mar. 1, 2003), see section 1104 of Pub. L. 107-296, as added by
    Pub. L. 108-7, set out as an Effective Date note under section 521
    of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 134(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall take
    effect 90 days after the date of the enactment of this Act [Sept.
    30, 1996]."
      Amendment by section 308(d)(4)(C), (e)(4) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
    applicable beginning with fiscal year 1992, see section 161(a) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                             FINGERPRINT CARDS                         
      Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2448, provided
    in part: "That beginning seven calendar days after the enactment of
    this Act [Nov. 26, 1997] and for each fiscal year thereafter, none
    of the funds appropriated or otherwise made available to the
    Immigration and Naturalization Service may be used by the
    Immigration and Naturalization Service to accept, for the purpose
    of conducting criminal background checks on applications for any
    benefit under the Immigration and Nationality Act [8 U.S.C. 1101 et
    seq.], any FD-258 fingerprint card which has been prepared by or
    received from any individual or entity other than an office of the
    Immigration and Naturalization Service with the following
    exceptions: (1) State and local law enforcement agencies; and (2)
    United States consular offices at United States embassies and
    consulates abroad under the jurisdiction of the Department of State
    or United States military offices under the jurisdiction of the
    Department of Defense authorized to perform fingerprinting services
    to prepare FD-258 fingerprint cards for applicants residing abroad
    applying for immigration benefits".

                     IMPROVEMENT OF BARRIERS AT BORDER                 
      Pub. L. 104-208, div. C, title I, Sec. 102(a)-(c), Sept. 30,
    1996, 110 Stat. 3009-554, 3009-555, as amended by Pub. L. 109-13,
    div. B, title I, Sec. 102, May 11, 2005, 119 Stat. 306; Pub. L. 109-
    367, Sec. 3, Oct. 26, 2006, 120 Stat. 2638, provided that:
      "(a) In General. - The Attorney General, in consultation with the
    Commissioner of Immigration and Naturalization, shall take such
    actions as may be necessary to install additional physical barriers
    and roads (including the removal of obstacles to detection of
    illegal entrants) in the vicinity of the United States border to
    deter illegal crossings in areas of high illegal entry into the
    United States.
      "(b) Construction of Fencing and Road Improvements in the Border
    Area. - 
        "(1) Security features. - 
          "(A) Reinforced fencing. - In carrying out subsection (a),
        the Secretary of Homeland Security shall provide for least
        [sic] 2 layers of reinforced fencing, the installation of
        additional physical barriers, roads, lighting, cameras, and
        sensors - 
            "(i) extending from 10 miles west of the Tecate,
          California, port of entry to 10 miles east of the Tecate,
          California, port of entry;
            "(ii) extending from 10 miles west of the Calexico,
          California, port of entry to 5 miles east of the Douglas,
          Arizona, port of entry;
            "(iii) extending from 5 miles west of the Columbus, New
          Mexico, port of entry to 10 miles east of El Paso, Texas;
            "(iv) extending from 5 miles northwest of the Del Rio,
          Texas, port of entry to 5 miles southeast of the Eagle Pass,
          Texas, port of entry; and
            "(v) extending 15 miles northwest of the Laredo, Texas,
          port of entry to the Brownsville, Texas, port of entry.
          "(B) Priority areas. - With respect to the border described -
        
            "(i) in subparagraph (A)(ii), the Secretary shall ensure
          that an interlocking surveillance camera system is installed
          along such area by May 30, 2007, and that fence construction
          is completed by May 30, 2008; and
            "(ii) in subparagraph (A)(v), the Secretary shall ensure
          that fence construction from 15 miles northwest of the
          Laredo, Texas, port of entry to 15 southeast of the Laredo,
          Texas, port of entry is completed by December 31, 2008.
          "(C) Exception. - If the topography of a specific area has an
        elevation grade that exceeds 10 percent, the Secretary may use
        other means to secure such area, including the use of
        surveillance and barrier tools.
        "(2) Prompt acquisition of necessary easements. - The Attorney
      General, acting under the authority conferred in section 103(b)
      of the Immigration and Nationality Act [8 U.S.C. 1103(b)] (as
      inserted by subsection (d)), shall promptly acquire such
      easements as may be necessary to carry out this subsection and
      shall commence construction of fences immediately following such
      acquisition (or conclusion of portions thereof).
        "(3) Safety features. - The Attorney General, while
      constructing the additional fencing under this subsection, shall
      incorporate such safety features into the design of the fence
      system as are necessary to ensure the well-being of border patrol
      agents deployed within or in near proximity to the system.
        "(4) Authorization of appropriations. - There are authorized to
      be appropriated to carry out this subsection not to exceed
      $12,000,000. Amounts appropriated under this paragraph are
      authorized to remain available until expended.
      "(c) Waiver. - 
        "(1) In general. - Notwithstanding any other provision of law,
      the Secretary of Homeland Security shall have the authority to
      waive all legal requirements such Secretary, in such Secretary's
      sole discretion, determines necessary to ensure expeditious
      construction of the barriers and roads under this section
      [amending this section]. Any such decision by the Secretary shall
      be effective upon being published in the Federal Register.
        "(2) Federal court review. - 
          "(A) In general. - The district courts of the United States
        shall have exclusive jurisdiction to hear all causes or claims
        arising from any action undertaken, or any decision made, by
        the Secretary of Homeland Security pursuant to paragraph (1). A
        cause of action or claim may only be brought alleging a
        violation of the Constitution of the United States. The court
        shall not have jurisdiction to hear any claim not specified in
        this subparagraph.
          "(B) Time for filing of complaint. - Any cause or claim
        brought pursuant to subparagraph (A) shall be filed not later
        than 60 days after the date of the action or decision made by
        the Secretary of Homeland Security. A claim shall be barred
        unless it is filed within the time specified.
          "(C) Ability to seek appellate review. - An interlocutory or
        final judgment, decree, or order of the district court may be
        reviewed only upon petition for a writ of certiorari to the
        Supreme Court of the United States."

                 IMPROVED BORDER EQUIPMENT AND TECHNOLOGY             
      Section 103 of div. C of Pub. L. 104-208 provided that: "The
    Attorney General is authorized to acquire and use, for the purpose
    of detection, interdiction, and reduction of illegal immigration
    into the United States, any Federal equipment (including fixed wing
    aircraft, helicopters, four-wheel drive vehicles, sedans, night
    vision goggles, night vision scopes, and sensor units) determined
    available for transfer by any other agency of the Federal
    Government upon request of the Attorney General."

                       HIRING AND TRAINING STANDARDS                   
      Section 106(a), (b) of div. C of Pub. L. 104-208 provided that:
      "(a) Review of Hiring Standards. - Not later than 60 days after
    the date of the enactment of this Act [Sept. 30, 1996], the
    Attorney General shall complete a review of all prescreening and
    hiring standards used by the Commissioner of Immigration and
    Naturalization, and, where necessary, revise such standards to
    ensure that they are consistent with relevant standards of
    professionalism.
      "(b) Certification. - At the conclusion of each of fiscal years
    1997, 1998, 1999, 2000, and 2001, the Attorney General shall
    certify in writing to the Committees on the Judiciary of the House
    of Representatives and of the Senate that all personnel hired by
    the Commissioner of Immigration and Naturalization for such fiscal
    year were hired pursuant to the appropriate standards, as revised
    under subsection (a)."

                         REPORT ON BORDER STRATEGY                     
      Section 107 of div. C of Pub. L. 104-208 provided that:
      "(a) Evaluation of Strategy. - The Comptroller General of the
    United States shall track, monitor, and evaluate the Attorney
    General's strategy to deter illegal entry in the United States to
    determine the efficacy of such strategy.
      "(b) Cooperation. - The Attorney General, the Secretary of State,
    and the Secretary of Defense shall cooperate with the Comptroller
    General of the United States in carrying out subsection (a).
      "(c) Report. - Not later than one year after the date of the
    enactment of this Act [Sept. 30, 1996], and every year thereafter
    for the succeeding 5 years, the Comptroller General of the United
    States shall submit a report to the Committees on the Judiciary of
    the House of Representatives and of the Senate on the results of
    the activities undertaken under subsection (a) during the previous
    year. Each such report shall include an analysis of the degree to
    which the Attorney General's strategy has been effective in
    reducing illegal entry. Each such report shall include a collection
    and systematic analysis of data, including workload indicators,
    related to activities to deter illegal entry and recommendations to
    improve and increase border security at the border and ports of
    entry."

                    COMPENSATION FOR IMMIGRATION JUDGES                
      Section 371(c) of div. C of Pub. L. 104-208 provided that:
      "(1) In general. - There shall be four levels of pay for
    immigration judges, under the Immigration Judge Schedule
    (designated as IJ-1, 2, 3, and 4, respectively), and each such
    judge shall be paid at one of those levels, in accordance with the
    provisions of this subsection.
      "(2) Rates of pay. - 
        "(A) The rates of basic pay for the levels established under
      paragraph (1) shall be as follows:

    IJ-1              70% of the next to highest rate of basic pay for   
                       the Senior Executive Service                      
    IJ-2              80% of the next to highest rate of basic pay for   
                       the Senior Executive Service                      
    IJ-3              90% of the next to highest rate of basic pay for   
                       the Senior Executive Service                      
    IJ-4              92% of the next to highest rate of basic pay for   
                       the Senior Executive Service.                     
    --------------------------------------------------------------------

        "(B) Locality pay, where applicable, shall be calculated into
      the basic pay for immigration judges.
      "(3) Appointment. - 
        "(A) Upon appointment, an immigration judge shall be paid at IJ-
      1, and shall be advanced to IJ-2 upon completion of 104 weeks of
      service, to IJ-3 upon completion of 104 weeks of service in the
      next lower rate, and to IJ-4 upon completion of 52 weeks of
      service in the next lower rate.
        "(B) Notwithstanding subparagraph (A), the Attorney General may
      provide for appointment of an immigration judge at an advanced
      rate under such circumstances as the Attorney General may
      determine appropriate.
      "(4) Transition. - Immigration judges serving as of the effective
    date shall be paid at the rate that corresponds to the amount of
    time, as provided under paragraph (3)(A), that they have served as
    an immigration judge, and in no case shall be paid less after the
    effective date than the rate of pay prior to the effective date."
      [Section 371(d)(2) of div. C of Pub. L. 104-208 provided that:
    "Subsection (c) [set out above] shall take effect 90 days after the
    date of the enactment of this Act [Sept. 30, 1996]."]

             MACHINE-READABLE DOCUMENT BORDER SECURITY PROGRAM         
      Pub. L. 100-690, title IV, Sec. 4604, Nov. 18, 1988, 102 Stat.
    4289, which required Department of State, United States Customs
    Service, and Immigration and Naturalization Service to develop a
    comprehensive machine-readable travel and identity document border
    security program that would improve border entry and departure
    control through automated data capture of machine-readable travel
    and identity documents, directed specified agencies and
    organizations to contribute law enforcement data for the system,
    authorized appropriations for the program, and required continuing
    full implementation in fiscal years 1990, 1991, and 1992, by all
    participating agencies, was repealed by Pub. L. 102-583, Sec.
    6(e)(1), Nov. 2, 1992, 106 Stat. 4933.

       IMMIGRATION AND NATURALIZATION SERVICE PERSONNEL ENHANCEMENT   
      Pub. L. 100-690, title VII, Sec. 7350, Nov. 18, 1988, 102 Stat.
    4473, provided that:
      "(a) Pilot Program Regarding the Identification of Certain
    Aliens. - 
        "(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 [8 U.S.C. 1101(a)(43)], as added by section 7342
      of this subtitle).
        "(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) Hiring of Investigative Agents. - 
        "(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    
      Pub. L. 99-570, title I, Sec. 1751(e), Oct. 27, 1986, 100 Stat.
    3207-48, provided that:
      "(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 section 5195 of Title 42, The Public Health and Welfare.

-EXEC-
              EX. ORD. NO. 13404. TASK FORCE ON NEW AMERICANS          
      Ex. Ord. No. 13404, June 7, 2006, 71 F.R. 33593, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    strengthen the efforts of the Department of Homeland Security and
    Federal, State, and local agencies to help legal immigrants embrace
    the common core of American civic culture, learn our common
    language, and fully become Americans, it is hereby ordered as
    follows:
      Section 1. Establishment. The Secretary of Homeland Security
    (Secretary) shall immediately establish within the Department of
    Homeland Security (Department) a Task Force on New Americans (Task
    Force).
      Sec. 2. Membership and Operation. (a) The Task Force shall be
    limited to the following members or employees designated by them at
    no lower than the Assistant Secretary level or its equivalent:
      (i) the Secretary of Homeland Security, who shall serve as Chair;
      (ii) the Secretary of State;
      (iii) the Secretary of the Treasury;
      (iv) the Secretary of Defense;
      (v) the Attorney General;
      (vi) the Secretary of Agriculture;
      (vii) the Secretary of Commerce;
      (viii) the Secretary of Labor;
      (ix) the Secretary of Health and Human Services;
      (x) the Secretary of Housing and Urban Development;
      (xi) the Secretary of Education;
      (xii) such other officers or employees of the Department of
    Homeland Security as the Secretary may from time to time designate;
    and
      (xiii) such other officers of the United States as the Secretary
    may designate from time to time, with the concurrence of the
    respective heads of departments and agencies concerned.
      (b) The Secretary shall convene and preside at meetings of the
    Task Force, direct its work, and as appropriate, establish and
    direct subgroups of the Task Force that shall consist exclusively
    of Task Force members. The Secretary shall designate an official of
    the Department to serve as the Executive Secretary of the Task
    Force, and the Executive Secretary shall head the staff assigned to
    the Task Force.
      Sec. 3. Functions. Consistent with applicable law, the Task Force
    shall:
      (a) provide direction to executive departments and agencies
    (agencies) concerning the integration into American society of
    America's legal immigrants, particularly through instruction in
    English, civics, and history;
      (b) promote public-private partnerships that will encourage
    businesses to offer English and civics education to workers;
      (c) identify ways to expand English and civics instruction for
    legal immigrants, including through faith-based, community, and
    other groups, and ways to promote volunteer community service; and
      (d) make recommendations to the President, through the Secretary,
    from time to time regarding:
      (i) actions to enhance cooperation among agencies on the
    integration of legal immigrants into American society;
      (ii) actions to enhance cooperation among Federal, State, and
    local authorities responsible for the integration of legal
    immigrants;
      (iii) changes in rules, regulations, or policy to improve the
    effective integration of legal immigrants into American society;
    and
      (iv) proposed legislation relating to the integration of legal
    immigrants into American society.
      Sec. 4. Administration. (a) To the extent permitted by law, the
    Department shall provide the funding and administrative support the
    Task Force needs to implement this order, as determined by the
    Secretary.
      (b) Nothing in this order shall be construed to impair or
    otherwise affect:
      (i) authority granted by law to an agency or the head thereof; or
      (ii) functions of the Director of the Office of Management and
    Budget relating to budget, administrative, or legislative
    proposals.
      (c) This order shall be implemented consistent with applicable
    law and subject to the availability of appropriations.
      (d) This order is intended to improve the internal management of
    the Federal Government. This order is not intended to, and does
    not, create any right or benefit, substantive or procedural,
    enforceable at law or equity against the United States, its
    departments, agencies, entities, instrumentalities, officers,
    employees, agents, or any other person.
                                                         George W. Bush.

-End-

-CITE-
    8 USC Sec. 1104                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1104. Powers and duties of Secretary of State

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 104, 66 Stat. 174; Pub. L.
    87-510, Sec. 4(a)(2), June 28, 1962, 76 Stat. 123; Pub. L. 88-426,
    title III, Sec. 305(43), Aug. 14, 1964, 78 Stat. 428; Pub. L. 95-
    105, title I, Sec. 109(b)(1), Aug. 17, 1977, 91 Stat. 847; Pub. L.
    100-525, Sec. 9(d), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 103-236,
    title I, Sec. 162(h)(2), Apr. 30, 1994, 108 Stat. 407.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-236, Sec. 162(h)(2)(A), struck out "; Bureau
    of Consular Affairs" after "Secretary of State" in section
    catchline.
      Subsec. (a)(2). Pub. L. 103-236, Sec. 162(h)(2)(B), substituted
    "the Administrator" for "the Bureau of Consular Affairs".
      Subsec. (b). Pub. L. 103-236, Sec. 162(h)(2)(C), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows:
    "There is established in the Department of State a Bureau of
    Consular Affairs, to be headed by an Assistant Secretary of State
    for Consular Affairs. The Assistant Secretary of State for Consular
    Affairs shall be a citizen of the United States, qualified by
    experience, and 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. He shall
    be charged with any and all responsibility and authority in the
    administration of the Bureau and of this chapter which are
    conferred on the Secretary of State as may be delegated to him by
    the Secretary of State or which may be prescribed by the Secretary
    of State. He shall also perform such other duties as the Secretary
    of State may prescribe."
      Subsec. (c). Pub. L. 103-236, Sec. 162(h)(2)(D), substituted
    "Department of State" for "Bureau".
      Subsec. (d). Pub. L. 103-236, Sec. 162(h)(2)(E), struck out
    before period at end ", of the Bureau of Consular Affairs".
      1988 - Pub. L. 100-525 substituted "Bureau of Consular Affairs"
    for "Bureau of Security and Consular Affairs" in section catchline.
      1977 - Subsec. (a)(2). Pub. L. 95-105, Sec. 109(b)(1)(A), struck
    out "Security and" after "Bureau of".
      Subsec. (b). Pub. L. 95-105, Sec. 109(b)(1)(B), substituted
    "Consular Affairs, to be headed by an Assistant Secretary of State
    for Consular Affairs" for "Security and Consular Affairs, to be
    headed by an administrator (with an appropriate title to be
    designated by the Secretary of State), with rank equal to that of
    an Assistant Secretary of State" and "Assistant Secretary of State
    for Consular Affairs" for "administrator" and struck out provision
    that the administrator shall be appointed by the President by and
    with the advice and consent of the Senate.
      Subsec. (d). Pub. L. 95-105, Sec. 109(b)(1)(C), struck out
    "Security and" after "Bureau of".
      Subsec. (f). Pub. L. 95-105, Sec. 109(b)(1)(D), struck out
    subsec. (f) which placed Bureau of Security and Consular Affairs
    under immediate jurisdiction of Deputy Under Secretary of State for
    Administration.
      1964 - Subsec. (b). Pub. L. 88-426 repealed provisions which
    related to compensation of Administrator. See section 5311 et seq.
    of Title 5, Government Organization and Employees.
      1962 - Subsec. (b). Pub. L. 87-510 provided for appointment of
    Administrator of Bureau of Security and Consular Affairs by
    President by and with advice and consent of Senate.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-426 effective on first day of first pay
    period which begins on or after July 1, 1964, except to extent
    provided in section 501(c) of Pub. L. 88-426, see section 501 of
    Pub. L. 88-426.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

                      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 section 2651a of Title 22, Foreign Relations and
    Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
    note under section 2651a of Title 22.

-MISC2-
      ASSUMPTION OF DUTIES BY ADMINISTRATOR OF BUREAU OF SECURITY AND
                             CONSULAR AFFAIRS
      Section 109(b)(4) of Pub. L. 95-105 provided that: "The
    individual holding the position of administrator of the Bureau of
    Security and Consular Affairs on the date of enactment of this
    section [Aug. 17, 1977] shall assume the duties of the Assistant
    Secretary of State for Consular Affairs and shall not be required
    to be reappointed by reason of the enactment of this section."

         REFERENCES TO BUREAU OF SECURITY AND CONSULAR AFFAIRS OR
                               ADMINISTRATOR
      Section 109(b)(5) of Pub. L. 95-105 provided that: "Any reference
    in any law to the Bureau of Security and Consular Affairs or to the
    administrator of such Bureau shall be deemed to be a reference to
    the Bureau of Consular Affairs or to the Assistant Secretary of
    State for Consular Affairs, respectively."

-End-

-CITE-
    8 USC Sec. 1105                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1105. Liaison with internal security officers; data exchange

-STATUTE-
    (a) In general
      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 and border 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.
    (b) Access to National Crime Information Center files
      (1) The Attorney General and the Director of the Federal Bureau
    of Investigation shall provide the Department of State and the
    Service access to the criminal history record information contained
    in the National Crime Information Center's Interstate
    Identification Index (NCIC-III), Wanted Persons File, and to any
    other files maintained by the National Crime Information Center
    that may be mutually agreed upon by the Attorney General and the
    agency receiving the access, for the purpose of determining whether
    or not a visa applicant or applicant for admission has a criminal
    history record indexed in any such file.
      (2) Such access shall be provided by means of extracts of the
    records for placement in the automated visa lookout or other
    appropriate database, and shall be provided without any fee or
    charge.
      (3) The Federal Bureau of Investigation shall provide periodic
    updates of the extracts at intervals mutually agreed upon with the
    agency receiving the access. Upon receipt of such updated extracts,
    the receiving agency shall make corresponding updates to its
    database and destroy previously provided extracts.
      (4) Access to an extract does not entitle the Department of State
    to obtain the full content of the corresponding automated criminal
    history record. To obtain the full content of a criminal history
    record, the Department of State shall submit the applicant's
    fingerprints and any appropriate fingerprint processing fee
    authorized by law to the Criminal Justice Information Services
    Division of the Federal Bureau of Investigation.
    (c) Reconsideration upon development of more cost effective means
      of sharing information
      The provision of the extracts described in subsection (b) of this
    section may be reconsidered by the Attorney General and the
    receiving agency upon the development and deployment of a more cost-
    effective and efficient means of sharing the information.
    (d) Regulations
      For purposes of administering this section, the Department of
    State shall, prior to receiving access to NCIC data but not later
    than 4 months after October 26, 2001, promulgate final regulations -
     
        (1) to implement procedures for the taking of fingerprints; and
        (2) to establish the conditions for the use of the information
      received from the Federal Bureau of Investigation, in order - 
          (A) to limit the redissemination of such information;
          (B) to ensure that such information is used solely to
        determine whether or not to issue a visa to an alien or to
        admit an alien to the United States;
          (C) to ensure the security, confidentiality, and destruction
        of such information; and
          (D) to protect any privacy rights of individuals who are
        subjects of such information.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 105, 66 Stat. 175; Pub. L.
    95-105, title I, Sec. 109(b)(2), Aug. 17, 1977, 91 Stat. 847; Pub.
    L. 103-236, title I, Sec. 162(h)(3), Apr. 30, 1994, 108 Stat. 408;
    Pub. L. 107-56, title IV, Sec. 403(a), Oct. 26, 2001, 115 Stat.
    343.)

-MISC1-
                                AMENDMENTS                            
      2001 - Pub. L. 107-56 inserted "; data exchange" after "security
    officers" in section catchline, designated existing provisions as
    subsec. (a), inserted "and border" before "security of the United
    States", and added subsecs. (b) to (d).
      1994 - Pub. L. 103-236 substituted "Administrator" for "Assistant
    Secretary of State for Consular Affairs" in two places.
      1977 - Pub. L. 95-105 substituted "Assistant Secretary of State
    for Consular Affairs" for "administrator" in two places.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                          STATUTORY CONSTRUCTION                      
      Pub. L. 107-56, title IV, Sec. 403(d), Oct. 26, 2001, 115 Stat.
    345, provided that: "Nothing in this section [enacting section 1379
    of this title, amending this section, and enacting provisions set
    out as a note under this section], or in any other law, shall be
    construed to limit the authority of the Attorney General or the
    Director of the Federal Bureau of Investigation to provide access
    to the criminal history record information contained in the
    National Crime Information Center's (NCIC) Interstate
    Identification Index (NCIC-III), or to any other information
    maintained by the NCIC, to any Federal agency or officer authorized
    to enforce or administer the immigration laws of the United States,
    for the purpose of such enforcement or administration, upon terms
    that are consistent with the National Crime Prevention and Privacy
    Compact Act of 1998 (subtitle A of title II of Public Law 105-251;
    42 U.S.C. 14611-16) and section 552a of title 5, United States
    Code."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                           REPORTING REQUIREMENT                       
      Pub. L. 107-56, title IV, Sec. 403(b), Oct. 26, 2001, 115 Stat.
    344, provided that: "Not later than 2 years after the date of
    enactment of this Act [Oct. 26, 2001], the Attorney General and the
    Secretary of State jointly shall report to Congress on the
    implementation of the amendments made by this section [amending
    this section]."

-End-

-CITE-
    8 USC Sec. 1105a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1105a. Employment authorization for battered spouses of
      certain nonimmigrants

-STATUTE-
    (a) In general
      In the case of an alien spouse admitted under subparagraph (A),
    (E)(iii), (G), or (H) of section 1101(a)(15) of this title who is
    accompanying or following to join a principal alien admitted under
    subparagraph (A), (E)(iii), (G), or (H) of such section,
    respectively, the Secretary of Homeland Security may authorize the
    alien spouse to engage in employment in the United States and
    provide the spouse with an "employment authorized" endorsement or
    other appropriate work permit if the alien spouse demonstrates that
    during the marriage the alien spouse or a child of the alien spouse
    has been battered or has been the subject of extreme cruelty
    perpetrated by the spouse of the alien spouse. Requests for relief
    under this section shall be handled under the procedures that apply
    to aliens seeking relief under section 1154(a)(1)(A)(iii) of this
    title.
    (b) Construction
      The grant of employment authorization pursuant to this section
    shall not confer upon the alien any other form of relief.

-SOURCE-
    (June 27, 1952, ch. 477, title I, Sec. 106, as added Pub. L. 109-
    162, title VIII, Sec. 814(c), Jan. 5, 2006, 119 Stat. 3059.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1105a, act June 27, 1952, ch. 477, title I, Sec.
    106, as added Sept. 26, 1961, Pub. L. 87-301, Sec. 5(a), 75 Stat.
    651; amended Dec. 29, 1981, Pub. L. 97-116, Sec. 18(b), 95 Stat.
    1620; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(e), 102 Stat. 2620;
    Nov. 18, 1988, Pub. L. 100-690, title VII, Sec. 7347(b), 102 Stat.
    4472; Nov. 29, 1990, Pub. L. 101-649, title V, Secs. 502(a),
    513(a), 545(b), 104 Stat. 5048, 5052, 5065; Dec. 12, 1991, Pub. L.
    102-232, title III, Sec. 306(a)(2), 105 Stat. 1751; Sept. 13, 1994,
    Pub. L. 103-322, title XIII, Sec. 130004(b), 108 Stat. 2027; Oct.
    25, 1994, Pub. L. 103-416, title II, Sec. 223(b), 108 Stat. 4322;
    Apr. 24, 1996, Pub. L. 104-132, title IV, Secs. 401(b), (e),
    423(a), 440(a), 442(b), 110 Stat. 1267, 1268, 1272, 1276, 1280;
    Sept. 30, 1996, Pub. L. 104-208, div. C, title III, Secs. 306(d),
    308(g)(10)(H), 371(b)(1), title VI, Sec. 671(c)(3), (4), 110 Stat.
    3009-612, 3009-625, 3009-645, 3009-722, related to judicial review
    of orders of deportation and exclusion, prior to repeal by Pub. L.
    104-208, div. C, title III, Secs. 306(b), (c), 309, Sept. 30, 1996,
    110 Stat. 3009-612, 3009-625, effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, but such repeal not to be considered
    to invalidate or to require the reconsideration of any judgment or
    order entered under this section. See section 1252 of this title.

-End-

-CITE-
    8 USC Sec. 1106                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1106. Repealed.

-MISC1-
    Sec. 1106. Repealed. Pub. L. 91-510, title IV, Sec. 422(a), Oct.
      26, 1970, 84 Stat. 1189.
      Section, act June 27, 1952, ch. 477, title IV, Sec. 401, 66 Stat.
    274, provided for establishment of Joint Committee on Immigration
    and Nationality, including its composition, necessity of membership
    on House or Senate Committee on the Judiciary, vacancies and
    election of chairman, functions, reports, submission of regulations
    to Committee, hearings and subpena, travel expenses, employment of
    personnel, payment of Committee expenses, and effective date.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective immediately prior to noon on Jan. 3, 1971, see
    section 601(1) of Pub. L. 91-510, set out as an Effective Date of
    1970 Amendment note under section 72a of Title 2, The Congress.

-TRANS-
        ABOLITION OF JOINT COMMITTEE ON IMMIGRATION AND NATIONALITY    
      Pub. L. 91-510, title IV, Sec. 421, Oct. 26, 1970, 84 Stat. 1189,
    abolished the Joint Committee on Immigration and Nationality
    established by former subsec. (a) of this section.

-End-

-CITE-
    8 USC Sec. 1107                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1107. Additional report

-STATUTE-
      At the beginning and midpoint of each fiscal year, the Secretary
    of Homeland Security shall submit to the Committees on the
    Judiciary of the House of Representatives and the Senate, a written
    report providing a description of internal affairs operations at
    U.S. Citizenship and Immigration Services, including the general
    state of such operations and a detailed description of
    investigations that are being conducted (or that were conducted
    during the previous six months) and the resources devoted to such
    investigations. The first such report shall be submitted not later
    than April 1, 2006.

-SOURCE-
    (Pub. L. 109-177, title I, Sec. 109(c), Mar. 9, 2006, 120 Stat.
    205.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the USA PATRIOT Improvment and
    Reauthorization Act of 2005, and not as part of the Immigration and
    Nationality Act which comprises this chapter.

-End-

-CITE-
    8 USC SUBCHAPTER II - IMMIGRATION                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION

-HEAD-
                        SUBCHAPTER II - IMMIGRATION                    

-End-

-CITE-
    8 USC Part I - Selection System                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
                         PART I - SELECTION SYSTEM                     

-End-

-CITE-
    8 USC Sec. 1151                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1151. Worldwide level of immigration

-STATUTE-
    (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 section 1153(a) of
      this title (or who are admitted under section 1181(a) of this
      title on the basis of a prior issuance of a visa to their
      accompanying parent under section 1153(a) of this title) in a
      number not to exceed in any fiscal year the number specified in
      subsection (c) of this section for that year, and not to exceed
      in any of the first 3 quarters of any fiscal year 27 percent of
      the worldwide level under such subsection for all of such fiscal
      year;
        (2) employment-based immigrants described in section 1153(b) of
      this title (or who are admitted under section 1181(a) of this
      title on the basis of a prior issuance of a visa to their
      accompanying parent under section 1153(b) of this title), in a
      number not to exceed in any fiscal year the number specified in
      subsection (d) of this section for that year, and not to exceed
      in any of the first 3 quarters of any fiscal year 27 percent of
      the worldwide level under such subsection for all of such fiscal
      year; and
        (3) for fiscal years beginning with fiscal year 1995, diversity
      immigrants described in section 1153(c) of this title (or who are
      admitted under section 1181(a) of this title on the basis of a
      prior issuance of a visa to their accompanying parent under
      section 1153(c) of this title) in a number not to exceed in any
      fiscal year the number specified in subsection (e) of this
      section for that year, and not to exceed in any of the first 3
      quarters of any fiscal year 27 percent of the worldwide level
      under such subsection for all of such fiscal year.
    (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 section 1101(a)(27) of this title.
        (B) Aliens who are admitted under section 1157 of this title or
      whose status is adjusted under section 1159 of this title.
        (C) Aliens whose status is adjusted to permanent residence
      under section 1160 or 1255a of this title.
        (D) Aliens whose removal is canceled under section 1229b(a) of
      this title.
        (E) Aliens provided permanent resident status under section
      1259 of this title.
        (2)(A)(i) Immediate relatives. - For purposes of this
      subsection, the term "immediate relatives" means the children,
      spouses, and parents of a citizen of the United States, except
      that, in the case of parents, such citizens shall be at least 21
      years of age. In the case of an alien who was the spouse of a
      citizen of the United States for at least 2 years at the time of
      the citizen's death and was not legally separated from the
      citizen at the time of the citizen's death, the alien (and each
      child of the alien) shall be considered, for purposes of this
      subsection, to remain an immediate relative after the date of the
      citizen's death but only if the spouse files a petition under
      section 1154(a)(1)(A)(ii) of this title within 2 years after such
      date and only until the date the spouse remarries. For purposes
      of this clause, an alien who has filed a petition under clause
      (iii) or (iv) of section 1154(a)(1)(A) of this title remains an
      immediate relative in the event that the United States citizen
      spouse or parent loses United States citizenship on account of
      the abuse.
        (ii) Aliens admitted under section 1181(a) of this title on the
      basis of a prior issuance of a visa to their accompanying parent
      who is such an immediate relative.
        (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 sum of the number computed under paragraph (2) and the
      number computed under paragraph (4), 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 section 1153(a) of this title during that fiscal
    year.
      (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 section 1153(b) of this title
    (relating to employment-based immigrants) during the previous
    fiscal year and the number of visas issued under that section
    during that year.
      (4) The number computed under this paragraph for a fiscal year
    (beginning with fiscal year 1999) is the number of aliens who were
    paroled into the United States under section 1182(d)(5) of this
    title in the second preceding fiscal year - 
        (A) who did not depart from the United States (without advance
      parole) within 365 days; and
        (B) who (i) did not acquire the status of aliens lawfully
      admitted to the United States for permanent residence in the two
      preceding fiscal years, or (ii) acquired such status in such
      years under a provision of law (other than subsection (b) of this
      section) which exempts such adjustment from the numerical
      limitation on the worldwide level of immigration under this
      section.

      (5) If any alien described in paragraph (4) (other than an alien
    described in paragraph (4)(B)(ii)) is subsequently admitted as an
    alien lawfully admitted for permanent residence, such alien shall
    not again be considered for purposes of paragraph (1).
    (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 section 1153(b) of this title during that fiscal
    year.
      (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 section 1153(a) of this title
    (relating to family-sponsored immigrants) during the previous
    fiscal year and the number of visas issued under that section
    during that year.
    (e) Worldwide level of diversity immigrants
      The worldwide level of diversity immigrants is equal to 55,000
    for each fiscal year.
    (f) Rules for determining whether certain aliens are immediate
      relatives
      (1) Age on petition filing date
        Except as provided in paragraphs (2) and (3), for purposes of
      subsection (b)(2)(A)(i) of this section, a determination of
      whether an alien satisfies the age requirement in the matter
      preceding subparagraph (A) of section 1101(b)(1) of this title
      shall be made using the age of the alien on the date on which the
      petition is filed with the Attorney General under section 1154 of
      this title to classify the alien as an immediate relative under
      subsection (b)(2)(A)(i) of this section.
      (2) Age on parent's naturalization date
        In the case of a petition under section 1154 of this title
      initially filed for an alien child's classification as a family-
      sponsored immigrant under section 1153(a)(2)(A) of this title,
      based on the child's parent being lawfully admitted for permanent
      residence, if the petition is later converted, due to the
      naturalization of the parent, to a petition to classify the alien
      as an immediate relative under subsection (b)(2)(A)(i) of this
      section, the determination described in paragraph (1) shall be
      made using the age of the alien on the date of the parent's
      naturalization.
      (3) Age on marriage termination date
        In the case of a petition under section 1154 of this title
      initially filed for an alien's classification as a family-
      sponsored immigrant under section 1153(a)(3) of this title,
      based on the alien's being a married son or daughter of a
      citizen, if the petition is later converted, due to the legal
      termination of the alien's marriage, to a petition to classify
      the alien as an immediate relative under subsection (b)(2)(A)(i)
      of this section or as an unmarried son or daughter of a citizen
      under section 1153(a)(1) of this title, the determination
      described in paragraph (1) shall be made using the age of the
      alien on the date of the termination of the marriage.
      (4) Application to self-petitions
        Paragraphs (1) through (3) shall apply to self-petitioners and
      derivatives of self-petitioners.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 201, 66 Stat. 175;
    Pub. L. 89-236, Sec. 1, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571,
    Sec. 2, Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95-412, Sec. 1, Oct.
    5, 1978, 92 Stat. 907; Pub. L. 96-212, title II, Sec. 203(a), Mar.
    17, 1980, 94 Stat. 106; Pub. L. 97-116, Sec. 20[(a)], Dec. 29,
    1981, 95 Stat. 1621; Pub. L. 101-649, title I, Sec. 101(a), Nov.
    29, 1990, 104 Stat. 4980; Pub. L. 102-232, title III, Sec.
    302(a)(1), Dec. 12, 1991, 105 Stat. 1742; Pub. L. 103-322, title
    IV, Sec. 40701(b)(2), Sept. 13, 1994, 108 Stat. 1954; Pub. L. 103-
    416, title II, Sec. 219(b)(1), Oct. 25, 1994, 108 Stat. 4316; Pub.
    L. 104-208, div. C, title III, Sec. 308(e)(5), (g)(8)(A)(i), title
    VI, Secs. 603, 671(d)(1)(A), Sept. 30, 1996, 110 Stat. 3009-620,
    3009-624, 3009-690, 3009-723; Pub. L. 106-386, div. B, title V,
    Sec. 1507(a)(3), Oct. 28, 2000, 114 Stat. 1530; Pub. L. 107-208,
    Sec. 2, Aug. 6, 2002, 116 Stat. 927; Pub. L. 109-162, title VIII,
    Sec. 805(b)(1), Jan. 5, 2006, 119 Stat. 3056.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (f)(4). Pub. L. 109-162 added par. (4).
      2002 - Subsec. (f). Pub. L. 107-208 added subsec. (f).
      2000 - Subsec. (b)(2)(A)(i). Pub. L. 106-386 inserted at end "For
    purposes of this clause, an alien who has filed a petition under
    clause (iii) or (iv) of section 1154(a)(1)(A) of this title remains
    an immediate relative in the event that the United States citizen
    spouse or parent loses United States citizenship on account of the
    abuse."
      1996 - Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 671(d)(1)(A),
    struck out ", 1161," after "section 1160".
      Subsec. (b)(1)(D). Pub. L. 104-208, Sec. 308(g)(8)(A)(i),
    substituted "section 1229b(a)" for "section 1254(a)".
      Pub. L. 104-208, Sec. 308(e)(5), substituted "removal is
    canceled" for "deportation is suspended".
      Subsec. (c)(1)(A)(ii). Pub. L. 104-208, Sec. 603(1), amended cl.
    (ii) generally. Prior to amendment, cl. (ii) read as follows: "the
    number computed under paragraph (2), plus".
      Subsec. (c)(4), (5). Pub. L. 104-208, Sec. 603(2), added pars.
    (4) and (5).
      1994 - Subsec. (b)(2)(A)(i). Pub. L. 103-416 inserted "(and each
    child of the alien)" after "death, the alien" in second sentence.
      Pub. L. 103-322 substituted "1154(a)(1)(A)(ii)" for
    "1154(a)(1)(A)".
      1991 - Subsec. (c)(3). Pub. L. 102-232, Sec. 302(a)(1)(A), added
    subpars. (A) and (B), designated existing text as subpar. (C), and
    in subpar. (C) substituted "The number computed under this
    paragraph for a subsequent fiscal year" for "The number computed
    under this paragraph for a fiscal year".
      Subsec. (d)(2). Pub. L. 102-232, Sec. 302(a)(1)(B), added
    subpars. (A) and (B), designated existing text as subpar. (C), and
    in subpar. (C) substituted "The number computed under this
    paragraph for a subsequent fiscal year" for "The number computed
    under this paragraph for a fiscal year".
      1990 - Pub. L. 101-649 amended section generally, substituting
    provisions setting forth general and worldwide levels for family-
    sponsored, employment-based, and diversity immigrants, for
    provisions setting forth numerical limitations on total lawful
    admissions without breakdown as to type.
      1981 - Subsec. (a). Pub. L. 97-116 inserted proviso authorizing
    Secretary of State, to the extent that in a particular fiscal year
    the number of aliens who are issued immigrant visas or who
    otherwise acquire the status of aliens lawfully admitted for
    permanent residence, and who are subject to the numerical
    limitations of this section, together with the aliens who adjust
    their status to aliens lawfully admitted for permanent residence
    pursuant to section 1101(a)(27)(H) of this title or section 19 of
    the Immigration and Nationality Amendments of 1981, exceed the
    annual numerical limitation in effect, to reduce to such extent the
    annual numerical limitation in effect for the following fiscal
    year.
      1980 - Subsec. (a). Pub. L. 96-212 inserted provisions relating
    to aliens admitted or granted asylums under section 1157 or 1158 of
    this title, struck out provisions relating to aliens entering
    conditionally under section 1153(a)(7) of this title, and decreased
    the authorized number from seventy-seven thousand to seventy-two
    thousand in each of the first three-quarters of any fiscal year,
    and from two hundred and ninety thousand to two hundred and seventy
    thousand in any fiscal year as the maximum number of admissions for
    such periods.
      1978 - Subsec. (a). Pub. L. 95-412 substituted provisions
    establishing a single worldwide annual immigration ceiling of
    290,000 aliens and limiting to 77,000 the number of aliens subject
    to such ceiling which may be admitted in each of the first three
    quarters of any fiscal year for provisions establishing separate
    annual immigration ceilings of 170,000 aliens for the Eastern
    Hemisphere and 120,000 aliens for the Western Hemisphere and
    limiting to 45,000 the number of aliens subject to the Eastern
    Hemisphere ceiling and to 32,000 the number of aliens subject to
    the Western Hemisphere ceiling which may be admitted in the first
    three quarters of any fiscal year.
      1976 - Subsec. (a). Pub. L. 94-571, Sec. 2(1), in amending
    subsec. (a) generally, designated existing provisions as cl. (1)
    limited to aliens born in any foreign state or dependent area
    located in the Eastern Hemisphere and added cl. (2).
      Subsecs. (c) to (e). Pub. L. 94-571, Sec. 2(2), struck out
    subsec. (c) which provided for determination of unused quota
    numbers, subsec. (d) which provided for an immigration pool,
    limitation on total numbers, and allocations therefrom, and subsec.
    (e) which provided for termination of immigration pool on June 30,
    1968, and for carryover of admissible immigrants.
      1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
    up a 170,000 maximum on total annual immigration and 45,000 maximum
    on total quarterly immigration without regard to national origins,
    for provisions setting an annual quota for quota areas which
    allowed admission of one-sixth of one per centum of portion of
    national population of continental United States in 1920
    attributable by national origin of that quota area and setting a
    minimum quota of 100 for each quota area.
      Subsec. (b). Pub. L. 89-236 substituted provisions defining
    "immediate relatives" for provisions calling for a determination of
    annual quota for each quota area by Secretaries of State and
    Commerce and Attorney General, and proclamation of quotas by
    President.
      Subsec. (c). Pub. L. 89-236 substituted provisions allowing
    carryover through June 30, 1968, of quotas for quota areas in
    effect on June 30, 1965, and redistribution of unused quota
    numbers, for provisions which limited issuance of immigrant visas.
      Subsec. (d). Pub. L. 89-236 substituted provisions creating an
    immigration pool and allocating its numbers without reference to
    the quotas to which an alien is chargeable, for provisions allowing
    issuance of an immigrant visa to an immigrant as a quota immigrant
    even though he might be a nonquota immigrant.
      Subsec. (e). Pub. L. 89-236 substituted provisions terminating
    the immigration pool on June 30, 1968, for provisions permitting
    reduction of annual quotas based on national origins pursuant to
    Act of Congress prior to effective date of proclaimed quotas.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-208, Sec. 8, Aug. 6, 2002, 116 Stat. 930, provided
    that: "The amendments made by this Act [amending this section and
    sections 1153, 1154, 1157, and 1158 of this title] shall take
    effect on the date of the enactment of this Act [Aug. 6, 2002] and
    shall apply to any alien who is a derivative beneficiary or any
    other beneficiary of - 
        "(1) a petition for classification under section 204 of the
      Immigration and Nationality Act (8 U.S.C. 1154) approved before
      such date but only if a final determination has not been made on
      the beneficiary's application for an immigrant visa or adjustment
      of status to lawful permanent residence pursuant to such approved
      petition;
        "(2) a petition for classification under section 204 of the
      Immigration and Nationality Act (8 U.S.C. 1154) pending on or
      after such date; or
        "(3) an application pending before the Department of Justice or
      the Department of State on or after such date."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(5), (g)(8)(A)(i) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.
      Section 40701(d) of Pub. L. 103-322 provided that: "The
    amendments made by this section [amending this section and section
    1154 of this title] shall take effect January 1, 1995."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
    applicable beginning with fiscal year 1992, see section 161(a) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-212 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
    Pub. L. 96-212, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Section 20 of Pub. L. 89-236 provided that: "This Act [amending
    this section and sections 1101, 1152 to 1156, 1181, 1182, 1201,
    1202, 1204, 1251, 1253, 1254, 1255, 1259, 1322, and 1351 of this
    title, repealing section 1157 of this title, and enacting
    provisions set out as a note under this section] shall become
    effective on the first day of the first month after the expiration
    of thirty days following the date of its enactment [Oct. 3, 1965]
    except as provided herein."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES, CHILDREN,
                                AND PARENTS
      Pub. L. 108-136, div. A, title XVII, Sec. 1703(a)-(e), Nov. 24,
    2003, 117 Stat. 1693, provided that:
      "(a) Treatment as Immediate Relatives. - 
        "(1) Spouses. - Notwithstanding the second sentence of section
      201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C.
      1151(b)(2)(A)(i)), in the case of an alien who was the spouse of
      a citizen of the United States at the time of the citizen's death
      and was not legally separated from the citizen at the time of the
      citizen's death, if the citizen served honorably in an active
      duty status in the military, air, or naval forces of the United
      States and died as a result of injury or disease incurred in or
      aggravated by combat, the alien (and each child of the alien)
      shall be considered, for purposes of section 201(b) of such Act,
      to remain an immediate relative after the date of the citizen's
      death, but only if the alien files a petition under section
      204(a)(1)(A)(ii) of such Act [8 U.S.C. 1154(a)(1)(A)(ii)] within
      2 years after such date and only until the date the alien
      remarries. For purposes of such section 204(a)(1)(A)(ii), an
      alien granted relief under the preceding sentence shall be
      considered an alien spouse described in the second sentence of
      section 201(b)(2)(A)(i) of such Act.
        "(2) Children. - 
          "(A) In general. - In the case of an alien who was the child
        of a citizen of the United States at the time of the citizen's
        death, if the citizen served honorably in an active duty status
        in the military, air, or naval forces of the United States and
        died as a result of injury or disease incurred in or aggravated
        by combat, the alien shall be considered, for purposes of
        section 201(b) of the Immigration and Nationality Act (8 U.S.C.
        1151(b)), to remain an immediate relative after the date of the
        citizen's death (regardless of changes in age or marital status
        thereafter), but only if the alien files a petition under
        subparagraph (B) within 2 years after such date.
          "(B) Petitions. - An alien described in subparagraph (A) may
        file a petition with the Secretary of Homeland Security for
        classification of the alien under section 201(b)(2)(A)(i) of
        the Immigration and Nationality Act (8 U.S.C.
        1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C. 1101 et
        seq.], such a petition shall be considered a petition filed
        under section 204(a)(1)(A) of such Act (8 U.S.C.
        1154(a)(1)(A)).
        "(3) Parents. - 
          "(A) In general. - In the case of an alien who was the parent
        of a citizen of the United States at the time of the citizen's
        death, if the citizen served honorably in an active duty status
        in the military, air, or naval forces of the United States and
        died as a result of injury or disease incurred in or aggravated
        by combat, the alien shall be considered, for purposes of
        section 201(b) of the Immigration and Nationality Act (8 U.S.C.
        1151(b)), to remain an immediate relative after the date of the
        citizen's death (regardless of changes in age or marital status
        thereafter), but only if the alien files a petition under
        subparagraph (B) within 2 years after such date.
          "(B) Petitions. - An alien described in subparagraph (A) may
        file a petition with the Secretary of Homeland Security for
        classification of the alien under section 201(b)(2)(A)(i) of
        the Immigration and Nationality Act (8 U.S.C.
        1151(b)(2)(A)(i)). For purposes of such Act, such a petition
        shall be considered a petition filed under section 204(a)(1)(A)
        of such Act (8 U.S.C. 1154(a)(1)(A)).
          "(C) Exception. - Notwithstanding section 201(b)(2)(A)(i) of
        the Immigration and Nationality Act (8 U.S.C.
        1151(b)(2)(A)(i)), for purposes of this paragraph, a citizen
        described in subparagraph (A) does not have to be 21 years of
        age for a parent to benefit under this paragraph.
      "(b) Applications for Adjustment of Status by Surviving Spouses,
    Children, and Parents. - 
        "(1) In general. - Notwithstanding subsections (a) and (c) of
      section 245 of the Immigration and Nationality Act (8 U.S.C.
      1255), any alien who was the spouse, child, or parent of an alien
      described in paragraph (2), and who applied for adjustment of
      status prior to the death described in paragraph (2)(B), may have
      such application adjudicated as if such death had not occurred.
        "(2) Alien described. - An alien is described in this paragraph
      if the alien - 
          "(A) served honorably in an active duty status in the
        military, air, or naval forces of the United States;
          "(B) died as a result of injury or disease incurred in or
        aggravated by combat; and
          "(C) was granted posthumous citizenship under section 329A of
        the Immigration and Nationality Act (8 U.S.C. 1440-1).
      "(c) Spouses and Children of Lawful Permanent Resident Aliens. - 
        "(1) Treatment as immediate relatives. - 
          "(A) In general. - A spouse or child of an alien described in
        paragraph (3) who is included in a petition for classification
        as a family-sponsored immigrant under section 203(a)(2) of the
        Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that was
        filed by such alien, shall be considered (if the spouse or
        child has not been admitted or approved for lawful permanent
        residence by such date) a valid petitioner for immediate
        relative status under section 201(b)(2)(A)(i) of the
        Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
        Such spouse or child shall be eligible for deferred action,
        advance parole, and work authorization.
          "(B) Petitions. - An alien spouse or child described in
        subparagraph (A) may file a petition with the Secretary of
        Homeland Security for classification of the alien under section
        201(b)(2)(A)(i) of the Immigration and Nationality Act (8
        U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act [8 U.S.C.
        1101 et seq.], such a petition shall be considered a petition
        filed under section 204(a)(1)(A) of such Act (8 U.S.C.
        1154(a)(1)(A)).
        "(2) Self-petitions. - Any spouse or child of an alien
      described in paragraph (3) who is not a beneficiary of a petition
      for classification as a family-sponsored immigrant may file a
      petition for such classification under section 201(b)(2)(A)(i) of
      the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i))
      with the Secretary of Homeland Security, but only if the spouse
      or child files a petition within 2 years after such date. Such
      spouse or child shall be eligible for deferred action, advance
      parole, and work authorization.
        "(3) Alien described. - An alien is described in this paragraph
      if the alien - 
          "(A) served honorably in an active duty status in the
        military, air, or naval forces of the United States;
          "(B) died as a result of injury or disease incurred in or
        aggravated by combat; and
          "(C) was granted posthumous citizenship under section 329A of
        the Immigration and Nationality Act (8 U.S.C. 1440-1).
      "(d) Parents of Lawful Permanent Resident Aliens. - 
        "(1) Self-petitions. - Any parent of an alien described in
      paragraph (2) may file a petition for classification under
      section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
      U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a petition
      within 2 years after such date. For purposes of such Act [8
      U.S.C. 1101 et seq.], such petition shall be considered a
      petition filed under section 204(a)(1)(A) of such Act (8 U.S.C.
      1154(a)(1)(A)). Such parent shall be eligible for deferred
      action, advance parole, and work authorization.
        "(2) Alien described. - An alien is described in this paragraph
      if the alien - 
          "(A) served honorably in an active duty status in the
        military, air, or naval forces of the United States;
          "(B) died as a result of injury or disease incurred in or
        aggravated by combat; and
          "(C) was granted posthumous citizenship under section 329A of
        the Immigration and Nationality Act (8 U.S.C. 1440-1).
      "(e) Waiver of Ground for Inadmissibility. - In determining the
    admissibility of any alien accorded an immigration benefit under
    this section for purposes of the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.], the ground for inadmissibility specified in
    section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)) shall not
    apply."
      [Section 1703 of Pub. L. 108-136, set out above, effective as if
    enacted on Sept. 11, 2001, see section 1705(a) of Pub. L. 108-136,
    set out as an Effective Date of 2003 Amendment note under section
    1439 of this title.]

                  TEMPORARY REDUCTION IN DIVERSITY VISAS              
      Pub. L. 105-100, title II, Sec. 203(d), Nov. 19, 1997, 111 Stat.
    2199, as amended by Pub. L. 105-139, Sec. 1(d), Dec. 2, 1997, 111
    Stat. 2644, provided that:
      "(1) Beginning in fiscal year 1999, subject to paragraph (2), the
    number of visas available for a fiscal year under section 201(e) of
    the Immigration and Nationality Act [8 U.S.C. 1151(e)] shall be
    reduced by 5,000 from the number of visas otherwise available under
    that section for such fiscal year.
      "(2) In no case shall the reduction under paragraph (1) for a
    fiscal year exceed the amount by which - 
        "(A) one-half of the total number of individuals described in
      subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i)
      of the Illegal Immigration Reform and Immigrant Responsibility
      Act of 1996 [Pub. L. 104-208, set out as a note under section
      1101 of this title] who have adjusted their status to that of
      aliens lawfully admitted for permanent residence under the
      Nicaraguan Adjustment and Central American Relief Act [title II
      of Pub. L. 105-100, see Short Title of 1997 Amendments note set
      out under section 1101 of this title] as of the end of the
      previous fiscal year; exceeds
        "(B) the total of the reductions in available visas under this
      subsection for all previous fiscal years."

              TRANSITION RELATING TO DEATH OF CITIZEN SPOUSE          
      Section 101(c) of Pub. L. 101-649, as added by Pub. L. 102-232,
    title III, Sec. 302(a)(2), Dec. 12, 1991, 105 Stat. 1742, provided
    that: "In applying the second sentence of section 201(b)(2)(A)(i)
    of the Immigration and Nationality Act [8 U.S.C. 1151(b)(2)(A)(i)]
    (as amended by subsection (a)) in the case of a [sic] alien whose
    citizen spouse died before the date of the enactment of this Act
    [Nov. 29, 1990], notwithstanding the deadline specified in such
    sentence the alien spouse may file the classification petition
    referred to in such sentence within 2 years after the date of the
    enactment of this Act."

        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 Pub. L. 97-
    271, set out as a note under section 1255 of this title.

    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 Pub. L. 97-116 provided that: "The numerical
    limitations contained in sections 201 and 202 of the Immigration
    and Nationality Act [sections 1151 and 1152 of this title] shall
    not apply to any alien who is present in the United States and who,
    on or before June 1, 1978 - 
        "(1) qualified as a nonpreference immigrant under section
      203(a)(8) of such Act [section 1153(a)(8) of this title] (as in
      effect on June 1, 1978);
        "(2) was determined to be exempt from the labor certification
      requirement of section 212(a)(14) of such Act [former section
      1182(a)(14) of this title] because the alien had actually
      invested, before such date, capital in an enterprise in the
      United States of which the alien became a principal manager and
      which employed a person or persons (other than the spouse or
      children of the alien) who are citizens of the United States or
      aliens lawfully admitted for permanent residence; and
        "(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 Pub. L. 95-412, as amended by Pub. L. 96-132, Sec.
    23, Nov. 30, 1979, 93 Stat. 1051, provided for the establishment of
    a Select Commission on Immigration and Refugee Policy to study and
    evaluate existing laws, policies, and procedures governing the
    admission of immigrants and refugees to the United States, to make
    such administrative and legislative recommendations to the
    President and Congress as appropriate, and to submit a final report
    no later than Mar. 1, 1981, at which time it ceased to exist
    although it was authorized to function for up to 60 days thereafter
    to wind up its affairs.

            SELECT COMMISSION ON WESTERN HEMISPHERE IMMIGRATION        
      Section 21(a)-(d) and (f)-(h) of Pub. L. 89-236 established a
    Select Commission on Western Hemisphere Immigration to study the
    operation of the immigration laws of the United States as they
    pertain to Western Hemisphere nations, with emphasis on the
    adequacy of such laws from the standpoint of fairness and the
    impact of such laws on employment and working conditions within the
    United States, and to make a final report to the President on or
    before Jan. 15, 1968, and terminate not later than 60 days after
    filing the final report.

                      TERMINATION OF QUOTA DEDUCTIONS                  
      Section 10 of Pub. L. 85-316, Sept. 11, 1957, 71 Stat. 642,
    provided that the quota deductions required under the provisions of
    former subsec. (e) of this section, the Displaced Persons Act of
    1948, as amended, the act of June 30, 1950, and the act of April 9,
    1952 were terminated effective July 1, 1957.

-End-

-CITE-
    8 USC Sec. 1151a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1151a. Repealed.

-MISC1-
    Sec. 1151a. Repealed. Pub. L. 94-571, Sec. 7(g), Oct. 20, 1976, 90
      Stat. 2706.
      Section, Pub. L. 89-236, Sec. 21(e), Oct. 3, 1965, 79 Stat. 921,
    limited total number of special immigrants under section
    1101(a)(27)(A) of this title, less certain exclusions, to 120,000
    for fiscal years beginning July 1, 1968, or later.

                         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 Pub. L. 94-571,
    set out as an Effective Date of 1976 Amendment note under section
    1101 of this title.

-End-

-CITE-
    8 USC Sec. 1152                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1152. Numerical limitations on individual foreign states

-STATUTE-
    (a) Per country level
      (1) Nondiscrimination
        (A) Except as specifically provided in paragraph (2) and in
      sections 1101(a)(27), 1151(b)(2)(A)(i), and 1153 of this title,
      no person shall receive any preference or priority or be
      discriminated against in the issuance of an immigrant visa
      because of the person's race, sex, nationality, place of birth,
      or place of residence.
        (B) Nothing in this paragraph shall be construed to limit the
      authority of the Secretary of State to determine the procedures
      for the processing of immigrant visa applications or the
      locations where such applications will be processed.
      (2) Per country levels for family-sponsored and employment-based
        immigrants
        Subject to paragraphs (3), (4), and (5), the total number of
      immigrant visas made available to natives of any single foreign
      state or dependent area under subsections (a) and (b) of section
      1153 of this title in any fiscal year may not exceed 7 percent
      (in the case of a single foreign state) or 2 percent (in the case
      of a dependent area) of the total number of such visas made
      available under such subsections in that fiscal year.
      (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 section
      1153 of this title for a calendar quarter exceeds the number of
      qualified immigrants who otherwise may be issued such a visa,
      paragraph (2) shall not apply to visas made available to such
      states or areas during the remainder of such calendar quarter.
      (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 section 1153(a) of
          this title to immigrants described in section 1153(a)(2)(A)
          of this title in any fiscal year, 75 percent of the 2-A floor
          (as defined in clause (ii)) shall be issued without regard to
          the numerical limitation under paragraph (2).
          (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 section 1153(a) of this title to immigrants described
          in section 1153(a)(2) of this title in the fiscal year.
        (B) Treatment of remaining 25 percent for countries subject to
          subsection (e)
          (i) In general
            Of the visa numbers made available under section 1153(a) of
          this title to immigrants described in section 1153(a)(2)(A)
          of this title in any fiscal year, the remaining 25 percent of
          the 2-A floor shall be available in the case of a state or
          area that is subject to subsection (e) of this section only
          to the extent that the total number of visas issued in
          accordance with subparagraph (A) to natives of the foreign
          state or area is less than the subsection (e) ceiling (as
          defined in clause (ii)).
          (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 section
          1153(a) of this title to immigrants who are natives of the
          state or area under section 1153(a)(2) of this title
          consistent with subsection (e) of this section.
        (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 section 1153(a)(2)(B) of this title may not exceed -
        
            (i) 23 percent of the maximum number of visas that may be
          made available under section 1153(a) of this title to
          immigrants of the state or area described in section
          1153(a)(2) of this title consistent with subsection (e) of
          this section, or
            (ii) the number (if any) by which the maximum number of
          visas that may be made available under section 1153(a) of
          this title to immigrants of the state or area described in
          section 1153(a)(2) of this title consistent with subsection
          (e) of this section exceeds the number of visas issued under
          section 1153(a)(2)(A) of this title,

        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 section 1153(a)(2) of this title exceeds the
        maximum number of visas that may be made available to
        immigrants of the state or area under section 1153(a)(2) of
        this title consistent with subsection (e) of this section
        (determined without regard to this paragraph), in applying
        paragraphs (3) and (4) of section 1153(a) of this title under
        subsection (e)(2) of this section all visas shall be deemed to
        have been required for the classes specified in paragraphs (1)
        and (2) of such section.
      (5) Rules for employment-based immigrants
        (A) Employment-based immigrants not subject to per country
          limitation if additional visas available
          If the total number of visas available under paragraph (1),
        (2), (3), (4), or (5) of section 1153(b) of this title for a
        calendar quarter exceeds the number of qualified immigrants who
        may otherwise be issued such visas, the visas made available
        under that paragraph shall be issued without regard to the
        numerical limitation under paragraph (2) of this subsection
        during the remainder of the calendar quarter.
        (B) Limiting fall across for certain countries subject to
          subsection (e) of this section
          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 section 1153(b) of this title exceeds the
        maximum number of visas that may be made available to
        immigrants of the state or area under section 1153(b) of this
        title consistent with subsection (e) of this section
        (determined without regard to this paragraph), in applying
        subsection (e) of this section all visas shall be deemed to
        have been required for the classes of aliens specified in
        section 1153(b) of this title.
    (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 section 1151(b) of this title, shall be
    chargeable for the purpose of the limitation set forth in
    subsection (a) of this section, to the foreign state.
    (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 section 1153 of this
    title to natives of any single foreign state or dependent area will
    exceed the numerical limitation specified in subsection (a)(2) of
    this section in any fiscal year, in determining the allotment of
    immigrant visa numbers to natives under subsections (a) and (b) of
    section 1153 of this title, visa numbers with respect to natives of
    that state or area shall be allocated (to the extent practicable
    and otherwise consistent with this section and section 1153 of this
    title) in a manner so that - 
        (1) the ratio of the visa numbers made available under section
      1153(a) of this title to the visa numbers made available under
      section 1153(b) of this title is equal to the ratio of the
      worldwide level of immigration under section 1151(c) of this
      title to such level under section 1151(d) of this title;
        (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 section 1153(a) of this title is
      equal to the ratio of the total number of visas made available
      under the respective paragraph to the total number of visas made
      available under section 1153(a) of this title, and
        (3) except as provided in subsection (a)(5) of this section,
      the proportion of the visa numbers made available under each of
      paragraphs (1) through (5) of section 1153(b) of this title is
      equal to the ratio of the total number of visas made available
      under the respective paragraph to the total number of visas made
      available under section 1153(b) of this title.

    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 section 1153(a) or 1153(b) of this title if
    there is insufficient demand for visas for such natives under
    section 1153(b) or 1153(a) of this title, respectively, or as
    limiting the number of visas that may be issued under section
    1153(a)(2)(A) of this title pursuant to subsection (a)(4)(A) of
    this section.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 202, 66 Stat. 176;
    Pub. L. 87-301, Sec. 9, Sept. 26, 1961, 75 Stat. 654; Pub. L. 89-
    236, Sec. 2, Oct. 3, 1965, 79 Stat. 911; Pub. L. 94-571, Sec. 3,
    Oct. 20, 1976, 90 Stat. 2703; Pub. L. 95-412, Sec. 2, Oct. 5, 1978,
    92 Stat. 907; Pub. L. 96-212, title II, Sec. 203(b), Mar. 17, 1980,
    94 Stat. 107; Pub. L. 97-116, Secs. 18(c), 20(b), Dec. 29, 1981, 95
    Stat. 1620, 1622; Pub. L. 99-603, title III, Sec. 311(a), Nov. 6,
    1986, 100 Stat. 3434; Pub. L. 99-653, Sec. 4, Nov. 14, 1986, 100
    Stat. 3655; Pub. L. 100-525, Secs. 8(c), 9(f), Oct. 24, 1988, 102
    Stat. 2617, 2620; Pub. L. 101-649, title I, Sec. 102, Nov. 29,
    1990, 104 Stat. 4982; Pub. L. 102-232, title III, Sec. 302(a)(3),
    Dec. 12, 1991, 105 Stat. 1742; Pub. L. 104-208, div. C, title VI,
    Sec. 633, Sept. 30, 1996, 110 Stat. 3009-701; Pub. L. 106-313,
    title I, Sec. 104(a), (b), Oct. 17, 2000, 114 Stat. 1252, 1253.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(2). Pub. L. 106-313, Sec. 104(b)(1),
    substituted "paragraphs (3), (4), and (5)" for "paragraphs (3) and
    (4)".
      Subsec. (a)(5). Pub. L. 106-313, Sec. 104(a), added par. (5).
      Subsec. (e)(3). Pub. L. 106-313, Sec. 104(b)(2), substituted
    "except as provided in subsection (a)(5) of this section, the
    proportion of the visa numbers" for "the proportion of the visa
    numbers".
      1996 - Subsec. (a)(1). Pub. L. 104-208 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1991 - Subsec. (a)(4)(A). Pub. L. 102-232 struck out "minimum"
    before "2nd preference set-aside" in heading.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 102(1), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows: "No
    person shall receive any preference or priority or be discriminated
    against in the issuance of an immigrant visa because of his race,
    sex, nationality, place of birth, or place of residence, except as
    specifically provided in sections 1101(a)(27), 1151(b), and 1153 of
    this title: Provided, That the total number of immigrant visas made
    available to natives of any single foreign state under paragraphs
    (1) through (7) of section 1153(a) of this title shall not exceed
    20,000 in any fiscal year: And provided further, That to the extent
    that in a particular fiscal year the number of such natives who are
    issued immigrant visas or who may otherwise acquire the status of
    aliens lawfully admitted for permanent residence and who are
    subject to the numerical limitations of this section, together with
    the aliens from the same foreign state who adjust their status to
    aliens lawfully admitted for permanent residence pursuant to
    subparagraph (H) of section 1101(a)(27) of this title or section 19
    of the Immigration and Nationality Amendments Act of 1981, exceed
    the numerical limitation in effect for such year pursuant to this
    section, the Secretary of State shall reduce to such extent the
    numerical limitation in effect for the natives of the same foreign
    state pursuant to this section for the following fiscal year."
      Subsec. (b). Pub. L. 101-649, Sec. 102(2), inserted heading and
    substituted reference to numerical level established under subsec.
    (a)(2) of this section for reference to numerical limitation set
    forth in proviso to subsec. (a) of this section, wherever
    appearing.
      Subsec. (c). Pub. L. 101-649, Sec. 102(3), inserted heading and
    substituted "an alien described in section 1151(b) of this title"
    for "a special immigrant, as defined in section 1101(a)(27) of this
    title, or an immediate relative of a United States citizen, as
    defined in section 1151(b) of this title" and struck out ", and the
    number of immigrant visas available to each such colony or other
    component or dependent area shall not exceed 5,000 in any one
    fiscal year" after "to the foreign state".
      Subsec. (d). Pub. L. 101-649, Sec. 102(4), inserted heading.
      Subsec. (e). Pub. L. 101-649, Sec. 102(5), amended subsec. (e)
    generally, substituting provisions relating to special rules for
    countries at ceiling for provisions relating to availability and
    allocation of additional visas.
      1988 - Subsec. (b). Pub. L. 100-525, Sec. 8(c), amended Pub. L.
    99-653, Sec. 4. See 1986 Amendment note below.
      Subsec. (c). Pub. L. 100-525, Sec. 9(f)(1), substituted
    "subsection (a)" for "section 202(a)" in original, which for
    purposes of codification had been translated as "subsection (a) of
    this section".
      Subsec. (e). Pub. L. 100-525, Sec. 9(f)(2), substituted "this
    section" for "section 202" in original, which for purposes of
    codification had been translated as "this section".
      1986 - Subsec. (b). Pub. L. 99-653, as amended by Pub. L. 100-
    525, Sec. 8(c), amended subsec. (b) generally, substituting
    "outlying possessions, shall" for "outlying possessions shall", in
    cl. (1) substituting "when accompanied by or following to join his
    alien" for "when accompanied by his alien", "charged to the foreign
    state of either parent" for "charged to the same foreign state as
    the accompanying parent or of either accompanying parent", "from
    the parent" for "from the accompanying parent", "and if immigration
    charged to the foreign state to which such parent has been or would
    be chargeable has not reached the numerical" for "and if the
    foreign state to which such parent has been or would be chargeable
    has not exceeded the numerical", in cl. (2) substituting "of his
    spouse" for "of his accompanying spouse", "of the spouse he is
    accompanying or following to join" for "of the accompanying
    spouse", "and if immigration charged to the foreign state to which
    such spouse has been or would be chargeable has not reached the
    numerical" for "and if the foreign state to which such spouse has
    been or would be chargeable has not exceeded the numerical", and in
    cl. (3) substituting "subject, or, if" for "subject, or if" and
    "country, in" for "country then in".
      Subsec. (c). Pub. L. 99-603, Sec. 311(a)(1), substituted "5,000"
    for "six hundred".
      Subsec. (e). Pub. L. 99-603, Sec. 311(a)(2), substituted "5,000"
    for "600" in provisions preceding par. (1).
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 20(b), inserted proviso
    authorizing Secretary of State, to the extent that in a particular
    fiscal year the number of natives who are issued visas or who
    otherwise acquire the status of aliens lawfully admitted for
    permanent residence, and who are subject to the numerical
    limitation of this section, together with the aliens from the same
    foreign state who adjust their status to aliens lawfully admitted
    for permanent residence pursuant to section 1101(a)(27)(H) of this
    title and section 19 of the Immigration and Nationality Amendments
    of 1981, exceed the annual numerical limitation in effect for such
    year, to reduce to such extent the numerical limitation in effect
    for the natives of the same foreign state for the following fiscal
    year.
      Subsec. (b). Pub. L. 97-116, Sec. 18(c), inserted "and" before
    "(4)".
      1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(b)(1), (2),
    substituted "through (7)" for "through (8)", and struck out "and
    the number of conditional entries" after "visas".
      Subsec. (e). Pub. L. 96-212, Sec. 203(b)(3)-(7), in introductory
    text struck out provisions relating to applicability to conditional
    entries, in par. (2) substituted "(26)" for "(20)", struck out par.
    (7) relating to availability of conditional entries, and
    redesignated par. (8) as (7) and substituted "through (6)" for
    "through (7)".
      1978 - Subsec. (c). Pub. L. 95-412 substituted "limitation set
    forth in subsection (a) of this section, to the foreign state," for
    "limitations set forth in section 1151(a) and subsection (a) of
    this section, to the hemisphere in which such colony or other
    component or dependent area is located, and to the foreign state,
    respectively," and "six hundred" for "600".
      1976 - Subsec. (a). Pub. L. 94-571, Sec. 3(1), struck out last
    proviso which read: "Provided further, That the foregoing proviso
    shall not operate to reduce the number of immigrants who may be
    admitted under the quota of any quota area before June 30, 1968".
      Subsec. (c). Pub. L. 94-571, Sec. 3(2), in revising provisions,
    substituted "overseas from the foreign state, other than a special
    immigrant, as defined in section 1101(a)(27) of this title, or an
    immediate relative of a United States citizen, as defined in
    section 1151(b) of this title, shall be chargeable for the purpose
    of the limitations set forth in section 1151(a) of this title and
    subsection (a) of this section, to the hemisphere in which such
    colony or other component or dependent area is located, and to the
    foreign state, respectively, and the number of immigrant visas
    available to each such colony or other component or dependent area
    shall not exceed 600 in any one fiscal year" for "unless a special
    immigrant as provided in section 1101(a)(27) of this title or an
    immediate relative of a United States citizen as specified in
    section 1151(b) of this title, shall be chargeable, for the purpose
    of limitation set forth in subsection (a) of this section, to the
    foreign state, except that the number of persons born in any such
    colony or other component or dependent area overseas from the
    foreign state chargeable to the foreign state in any one fiscal
    year shall not exceed 1 per centum of the maximum number of
    immigrant visas available to such foreign state".
      Subsec. (e). Pub. L. 94-571, Sec. 3(3), added subsec. (e).
      1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
    prohibiting preferences or priorities or discrimination in the
    issuance of an immigrant visa because of race, sex, nationality,
    place of birth, or place of residence, setting a limit of 20,000
    per year on the total number of entries available to natives of any
    single foreign state, and prohibiting the 20,000 limitation from
    reducing the number of immigrants under the quota of any quota area
    before June 30, 1968, for provisions calling for the charging of
    immigrants, with certain exceptions, to the annual quota of the
    quota area of his birth.
      Subsec. (b). Pub. L. 89-236 substituted provisions calling for
    treatment of each independent country, self-governing dominion,
    mandated territory, and trusteeship territory as a separate foreign
    state for purposes of determining the numerical limitation imposed
    on each foreign state, and chargeability of immigrants to the
    country of their birth except where such chargeability would cause
    the family unit to be divided, for provisions setting up the Asia-
    Pacific triangle and providing for the special treatment of quota
    chargeability thereunder on the basis of racial ancestry.
      Subsec. (c). Pub. L. 89-236 substituted provisions making
    immigrants born in colonies or other component or dependent areas
    of a foreign state chargeable to the foreign state and placing a
    limitation on the number of such immigrants of 1 per centum of the
    maximum number of visas available to the foreign state, for
    provisions making immigrants born in colonies for which no specific
    quota are set chargeable to the governing country and placing a
    limit of 100 on such immigrants from each governing country each
    year, with special application to the Asia-Pacific triangle.
      Subsec. (d). Pub. L. 89-236 substituted provisions requiring
    Secretary of State, upon a change in the territorial limits of
    foreign states, to issue appropriate instructions to all diplomatic
    and consular offices, for provisions that the terms of an
    immigration quota for a quota area do not constitute recognition of
    the transfer of territory or of a government not recognized by the
    United States.
      Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which allowed
    revision of quotas.
      1961 - Subsec. (e). Pub. L. 87-301 provided that if an area
    undergoes a change of administrative arrangements, boundaries, or
    other political change, the annual quota of the newly established
    area, or the visas authorized to be issued shall not be less than
    the total of quotas in effect or visas authorized for the area
    immediately preceding the change, and deleted provisions which in
    the event of an increase in minimum quota areas above twenty in the
    Asia-Pacific triangle, would proportionately decrease each quota of
    the area so the sum of all area quotas did not exceed two thousand.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 effective Oct. 1, 1991, and
    applicable beginning with fiscal year 1992, see section 161(a) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 8(c) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Amendment by Pub. L. 99-653 applicable to visas issued, and
    admissions occurring, on or after Nov. 14, 1986, see section 23(a)
    of Pub. L. 99-653, set out as a note under section 1101 of this
    title.
      Section 311(b) of Pub. L. 99-603 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    fiscal years beginning after the date of the enactment of this Act
    [Nov. 6, 1986]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-212 effective, except as otherwise
    provided, Apr. 1, 1980, see section 204 of Pub. L. 96-212, set out
    as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

              TREATMENT OF HONG KONG UNDER PER COUNTRY LEVELS          
      Section 103 of Pub. L. 101-649 provided that: "The approval
    referred to in the first sentence of section 202(b) of the
    Immigration and Nationality Act [8 U.S.C. 1152(b)] shall be
    considered to have been granted, effective beginning with fiscal
    year 1991, with respect to Hong Kong as a separate foreign state,
    and not as a colony or other component or dependent area of another
    foreign state, except that the total number of immigrant visas made
    available to natives of Hong Kong under subsections (a) and (b) of
    section 203 of such Act [8 U.S.C. 1153(a), (b)] in each of fiscal
    years 1991, 1992, and 1993 may not exceed 10,000."
      [Section 103 of Pub. L. 101-649 effective Nov. 29, 1990, and
    (unless otherwise provided) applicable to fiscal year 1991, see
    section 161(b) of Pub. L. 101-649, set out as an Effective Date of
    1990 Amendment note under section 1101 of this title.]

        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 Pub. L. 97-271, set out as a note
    under section 1255 of this title.

    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 Pub. L. 97-116, set out as a note
    under section 1151 of this title.

    APPROVAL BY SECRETARY OF STATE TREATING TAIWAN (CHINA) AS SEPARATE
      FOREIGN STATE FOR PURPOSES OF NUMERICAL LIMITATION ON IMMIGRANT
                                   VISAS
      Pub. L. 97-113, title VII, Sec. 714, Dec. 29, 1981, 95 Stat.
    1548, provided that: "The approval referred to in the first
    sentence of section 202(b) of the Immigration and Nationality Act
    [subsec. (b) of this section] shall be considered to have been
    granted with respect to Taiwan (China)."

-End-

-CITE-
    8 USC Sec. 1153                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1153. Allocation of immigrant visas

-STATUTE-
    (a) Preference allocation for family-sponsored immigrants
      Aliens subject to the worldwide level specified in section
    1151(c) of this title for family-sponsored immigrants shall be
    allotted visas as follows:
      (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 section
    1151(d) of this title for employment-based immigrants in a fiscal
    year shall be allotted visas as follows:
      (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
          (i) National interest waiver
            Subject to clause (ii), the Attorney General may, when the
          Attorney General deems it to be in the national interest,
          waive the requirements of subparagraph (A) that an alien's
          services in the sciences, arts, professions, or business be
          sought by an employer in the United States.
          (ii) Physicians working in shortage areas or veterans
            facilities
            (I) In general
              The Attorney General shall grant a national interest
            waiver pursuant to clause (i) on behalf of any alien
            physician with respect to whom a petition for preference
            classification has been filed under subparagraph (A) if - 
                (aa) the alien physician agrees to work full time as a
              physician in an area or areas designated by the Secretary
              of Health and Human Services as having a shortage of
              health care professionals or at a health care facility
              under the jurisdiction of the Secretary of Veterans
              Affairs; and
                (bb) a Federal agency or a department of public health
              in any State has previously determined that the alien
              physician's work in such an area or at such facility was
              in the public interest.
            (II) Prohibition
              No permanent resident visa may be issued to an alien
            physician described in subclause (I) by the Secretary of
            State under section 1154(b) of this title, and the Attorney
            General may not adjust the status of such an alien
            physician from that of a nonimmigrant alien to that of a
            permanent resident alien under section 1255 of this title,
            until such time as the alien has worked full time as a
            physician for an aggregate of 5 years (not including the
            time served in the status of an alien described in section
            1101(a)(15)(J) of this title), in an area or areas
            designated by the Secretary of Health and Human Services as
            having a shortage of health care professionals or at a
            health care facility under the jurisdiction of the
            Secretary of Veterans Affairs.
            (III) Statutory construction
              Nothing in this subparagraph may be construed to prevent
            the filing of a petition with the Attorney General for
            classification under section 1154(a) of this title, or the
            filing of an application for adjustment of status under
            section 1255 of this title, by an alien physician described
            in subclause (I) prior to the date by which such alien
            physician has completed the service described in subclause
            (II).
            (IV) Effective date
              The requirements of this subsection do not affect waivers
            on behalf of alien physicians approved under subsection
            (b)(2)(B) of this section before the enactment date of this
            subsection. In the case of a physician for whom an
            application for a waiver was filed under subsection
            (b)(2)(B) of this section prior to November 1, 1998, the
            Attorney General shall grant a national interest waiver
            pursuant to subsection (b)(2)(B) of this section except
            that the alien is required to have worked full time as a
            physician for an aggregate of 3 years (not including time
            served in the status of an alien described in section
            1101(a)(15)(J) of this title) before a visa can be issued
            to the alien under section 1154(b) of this title or the
            status of the alien is adjusted to permanent resident under
            section 1255 of this title.
        (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 section 1182(a)(5)(A) of this title.
      (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 section 1101(a)(27) of this title (other than those
      described in subparagraph (A) or (B) thereof), of which not more
      than 5,000 may be made available in any fiscal year to special
      immigrants described in subclause (II) or (III) of section
      1101(a)(27)(C)(ii) of this title, and not more than 100 may be
      made available in any fiscal year to special immigrants,
      excluding spouses and children, who are described in section
      1101(a)(27)(M) of this title.
      (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 (including a limited
        partnership) - 
            (i) 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
            (ii) 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 invest in 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  1/2  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).
        (D) Full-time employment defined
          In this paragraph, the term "full-time employment" means
        employment in a position that requires at least 35 hours of
        service per week at any time, regardless of who fills the
        position.
      (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 section
        1101(a)(27)(K) of this title in a fiscal year shall not be
        subject to the numerical limitations of this subsection or of
        section 1152(a) of this title.
        (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 section
          1101(a)(27)(K) of this title.
          (ii) Reduction in per country level
            The number of visas made available in each fiscal year to
          natives of a foreign state under section 1152(a) of this
          title shall be reduced by the number of visas made available
          in the previous fiscal year to special immigrants described
          in section 1101(a)(27)(K) of this title who are natives of
          the foreign state.
          (iii) Reduction in employment-based immigrant classifications
            within per country ceiling
            In the case of a foreign state subject to section 1152(e)
          of this title in a fiscal year (and in the previous fiscal
          year), the number of visas made available and allocated to
          each of paragraphs (1) through (3) of this subsection in the
          fiscal year shall be reduced by  1/3  of the number of visas
          made available in the previous fiscal year to special
          immigrants described in section 1101(a)(27)(K) of this title
          who are natives of the foreign state.
    (c) Diversity immigrants
      (1) In general
        Except as provided in paragraph (2), aliens subject to the
      worldwide level specified in section 1151(e) of this title for
      diversity immigrants shall be allotted visas each fiscal year as
      follows:
        (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 section
        1151(a) of this title (other than paragraph (3) thereof) or who
        were admitted or otherwise provided lawful permanent resident
        status as an immediate relative or other alien described in
        section 1151(b)(2) of this title.
        (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 section 1101(b)(1) of this title shall, if not otherwise
    entitled to an immigrant status and the immediate issuance of a
    visa under subsection (a), (b), or (c) of this section, be entitled
    to the same status, and the same order of consideration provided in
    the respective subsection, if accompanying or following to join,
    the spouse or parent.
    (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
    section 1101(a)(27)(D) of this title, with the Secretary of State)
    as provided in section 1154(a) of this title.
      (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 section 1151(b)(2) of this title
    or in subsection (a), (b), or (c) of this section, the consular
    officer shall not grant such status until he has been authorized to
    do so as provided by section 1154 of this title.
    (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.
    (h) Rules for determining whether certain aliens are children
      (1) In general
        For purposes of subsections (a)(2)(A) and (d) of this section,
      a determination of whether an alien satisfies the age requirement
      in the matter preceding subparagraph (A) of section 1101(b)(1) of
      this title shall be made using - 
          (A) the age of the alien on the date on which an immigrant
        visa number becomes available for such alien (or, in the case
        of subsection (d) of this section, the date on which an
        immigrant visa number became available for the alien's parent),
        but only if the alien has sought to acquire the status of an
        alien lawfully admitted for permanent residence within one year
        of such availability; reduced by
          (B) the number of days in the period during which the
        applicable petition described in paragraph (2) was pending.
      (2) Petitions described
        The petition described in this paragraph is - 
          (A) with respect to a relationship described in subsection
        (a)(2)(A) of this section, a petition filed under section 1154
        of this title for classification of an alien child under
        subsection (a)(2)(A) of this section; or
          (B) with respect to an alien child who is a derivative
        beneficiary under subsection (d) of this section, a petition
        filed under section 1154 of this title for classification of
        the alien's parent under subsection (a), (b), or (c) of this
        section.
      (3) Retention of priority date
        If the age of an alien is determined under paragraph (1) to be
      21 years of age or older for the purposes of subsections
      (a)(2)(A) and (d) of this section, the alien's petition shall
      automatically be converted to the appropriate category and the
      alien shall retain the original priority date issued upon receipt
      of the original petition.
      (4) Application to self-petitions
        Paragraphs (1) through (3) shall apply to self-petitioners and
      derivatives of self-petitioners.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 203, 66 Stat. 178;
    Pub. L. 85-316, Sec. 3, Sept. 11, 1957, 71 Stat. 639; Pub. L. 86-
    363, Secs. 1-3, Sept. 22, 1959, 73 Stat. 644; Pub. L. 89-236, Sec.
    3, Oct. 3, 1965, 79 Stat. 912; Pub. L. 94-571, Sec. 4, Oct. 20,
    1976, 90 Stat. 2705; Pub. L. 95-412, Sec. 3, Oct. 5, 1978, 92 Stat.
    907; Pub. L. 95-417, Sec. 1, Oct. 5, 1978, 92 Stat. 917; Pub. L. 96-
    212, title II, Sec. 203(c), (i), Mar. 17, 1980, 94 Stat. 107, 108;
    Pub. L. 101-649, title I, Secs. 111, 121(a), 131, 162(a)(1), title
    VI, Sec. 603(a)(3), Nov. 29, 1990, 104 Stat. 4986, 4987, 4997,
    5009, 5082; Pub. L. 102-110, Sec. 2(b), Oct. 1, 1991, 105 Stat.
    555; Pub. L. 102-232, title III, Sec. 302(b)(2), (e)(3), Dec. 12,
    1991, 105 Stat. 1743, 1745; Pub. L. 103-416, title II, Secs.
    212(b), 219(c), Oct. 25, 1994, 108 Stat. 4314, 4316; Pub. L. 106-
    95, Sec. 5, Nov. 12, 1999, 113 Stat. 1318; Pub. L. 106-113, div.
    B, Sec. 1000(a)(1) [title I, Sec. 117], Nov. 29, 1999, 113 Stat.
    1535, 1501A-21; Pub. L. 106-536, Sec. 1(b)(1), Nov. 22, 2000, 114
    Stat. 2560; Pub. L. 107-208, Sec. 3, Aug. 6, 2002, 116 Stat. 928;
    Pub. L. 107-273, div. C, title I, Secs. 11035, 11036(a), Nov. 2,
    2002, 116 Stat. 1846; Pub. L. 109-162, title VIII, Sec. 805(b)(2),
    Jan. 5, 2006, 119 Stat. 3056.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The enactment date of this subsection, referred to in subsec.
    (b)(2)(B)(ii)(IV), probably means the date of enactment of Pub. L.
    106-95, which amended subsec. (b)(2)(B) of this section generally,
    and which was approved Nov. 12, 1999.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (h)(4). Pub. L. 109-162 added par. (4).
      2002 - Subsec. (b)(5)(A). Pub. L. 107-273, Sec. 11036(a)(1)(A),
    substituted "enterprise (including a limited partnership) - " for
    "enterprise - " in introductory provisions.
      Subsec. (b)(5)(A)(i) to (iii). Pub. L. 107-273, Sec.
    11036(a)(1)(B), (C), redesignated cls. (ii) and (iii) as (i) and
    (ii), respectively, and struck out former cl. (i) which read as
    follows: "which the alien has established,".
      Subsec. (b)(5)(B)(i). Pub. L. 107-273, Sec. 11036(a)(2),
    substituted "invest in" for "establish".
      Subsec. (b)(5)(D). Pub. L. 107-273, Sec. 11035, added subpar.
    (D).
      Subsec. (h). Pub. L. 107-208 added subsec. (h).
      2000 - Subsec. (b)(4). Pub. L. 106-536 inserted before period at
    end ", and not more than 100 may be made available in any fiscal
    year to special immigrants, excluding spouses and children, who are
    described in section 1101(a)(27)(M) of this title".
      1999 - Subsec. (b)(2)(B). Pub. L. 106-95 and Pub. L. 106-113
    amended subpar. (B) generally in substantially identical manner.
    Pub. L. 106-95 provided headings. Text is based on Pub. L. 106-113.
    Prior to amendment, text read as follows: "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."
      1994 - Subsec. (b)(5)(B), (C). Pub. L. 103-416, Sec. 219(c),
    substituted "Targeted" and "targeted" for "Targetted" and
    "targetted", respectively, wherever appearing in headings and text.
      Subsec. (b)(6)(C). Pub. L. 103-416, Sec. 212(b), struck out
    subpar. (C) which related to application of separate numerical
    limitations.
      1991 - Subsec. (b)(1). Pub. L. 102-232, Sec. 302(b)(2)(A),
    substituted "28.6 percent of such worldwide level" for "40,000".
      Subsec. (b)(1)(C). Pub. L. 102-232, Sec. 302(b)(2)(B),
    substituted "the alien seeks" for "who seeks".
      Subsec. (b)(2)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
    substituted "28.6 percent of such worldwide level" for "40,000".
      Subsec. (b)(2)(B). Pub. L. 102-232, Sec. 302(b)(2)(D), inserted
    "professions," after "arts,".
      Subsec. (b)(3)(A). Pub. L. 102-232, Sec. 302(b)(2)(A),
    substituted "28.6 percent of such worldwide level" for "40,000".
      Subsec. (b)(4), (5)(A). Pub. L. 102-232, Sec. 302(b)(2)(C),
    substituted "7.1 percent of such worldwide level" for "10,000".
      Subsec. (b)(6). Pub. L. 102-110 added par. (6).
      Subsec. (f). Pub. L. 102-232, Sec. 302(e)(3), substituted
    "Authorization for issuance" for "Presumption" in heading, struck
    out at beginning "Every immigrant shall be presumed not to be
    described in subsection (a) or (b) of this section, section
    1101(a)(27) of this title, or section 1151(b)(2) of this title,
    until the immigrant establishes to the satisfaction of the consular
    officer and the immigration officer that the immigrant is so
    described.", and substituted "1151(b)(2) of this title or in
    subsection (a), (b), or (c)" for "1151(b)(1) of this title or in
    subsection (a) or (b)".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 111(2), added subsec.
    (a) and struck out former subsec. (a) which related to allocation
    of visas of aliens subject to section 1151(a) limitations.
      Subsec. (a)(7). Pub. L. 101-649, Sec. 603(a)(3), substituted
    "section 1182(a)(5) of this title" for "section 1182(a)(14) of this
    title".
      Subsec. (b). Pub. L. 101-649, Secs. 111(1), 121(a), added subsec.
    (b) and redesignated former subsec. (b) as (d).
      Subsec. (c). Pub. L. 101-649, Secs. 111(1), 131, added subsec.
    (c) and redesignated former subsec. (c) as (e).
      Subsec. (d). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (d)
    and struck out former subsec. (d) which related to order of
    consideration given applications for immigrant visas.
      Pub. L. 101-649, Sec. 111(1), redesignated former subsec. (b) as
    (d). Former subsec. (d) redesignated (f).
      Subsec. (e). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (e)
    and struck out former subsec. (e) which related to order of
    issuance of immigrant visas.
      Pub. L. 101-649, Sec. 111(1), redesignated subsec. (c) as (e).
    Former subsec. (e) redesignated (g).
      Subsec. (f). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (f)
    and struck out former subsec. (f) which related to presumption of
    nonpreference status and grant of status by consular officers.
      Pub. L. 101-649, Sec. 111(1), redesignated subsec. (d) as (f).
      Subsec. (g). Pub. L. 101-649, Sec. 162(a)(1), added subsec. (g)
    and struck out former subsec. (g) which related to estimates of
    anticipated numbers of visas to be issued, termination and
    reinstatement of registration of aliens, and revocation of approval
    of petition.
      Pub. L. 101-649, Sec. 111(1), redesignated subsec. (e) as (g).
      1980 - Subsec. (a). Pub. L. 96-212, Sec. 203(c)(1)-(6), in
    introductory text struck out applicability to conditional entry, in
    par. (2) substituted "(26)" for "(20)", struck out par. (7)
    relating to availability of conditional entries, redesignated
    former par. (8) as (7) and struck out applicability to number of
    conditional entries and visas available under former par. (7), and
    redesignated former par. (9) as (8) and substituted provisions
    relating to applicability of pars. (1) to (7) to visas, for
    provisions relating to applicability of pars. (1) to (8) to
    conditional entries.
      Subsec. (d). Pub. L. 96-212, Sec. 203(c)(7), substituted
    "preference status under paragraphs (1) through (6)" for
    "preference status under paragraphs (1) through (7)".
      Subsec. (f). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
    (f) which related to reports to Congress of refugees conditionally
    entering the United States.
      Subsec. (g). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
    (g) which set forth provisions respecting inspection and
    examination of refugees after one year.
      Pub. L. 96-212, Sec. 203(i), substituted provisions relating to
    inspection and examination of refugees after one year for
    provisions relating to inspection and examination of refugees after
    two years.
      Subsec. (h). Pub. L. 96-212, Sec. 203(c)(8), struck out subsec.
    (h) which related to the retroactive readjustment of refugee status
    as an alien lawfully admitted for permanent residence.
      1978 - Subsec. (a)(1) to (7). Pub. L. 95-412 substituted "1151(a)
    of this title" for "1151(a)(1) or (2) of this title" wherever
    appearing.
      Subsec. (a)(8). Pub. L. 95-417 inserted provisions requiring a
    valid adoption home-study prior to the granting of a nonpreference
    visa for children adopted abroad or coming for adoption by United
    States citizens and requiring that no other nonpreference visa be
    issued to an unmarried child under the age of 16 unless
    accompanying or following to join his natural parents.
      1976 - Subsec. (a). Pub. L. 94-571, Sec. 4(1)-(3), substituted
    "section 1151(a)(1) or (2) of this title" for "section 1151(a)(ii)
    of this title" in pars. (1) to (7); made visas available, in par.
    (3), to qualified immigrants whose services in the professions,
    sciences, or arts are sought by an employer in the United States;
    and required, in par. (5), that the United States citizens be at
    least twenty-one years of age.
      Subsec. (e). Pub. L. 94-571, Sec. 4(4), substituted provision
    requiring Secretary of State to terminate the registration of an
    alien who fails to apply for an immigrant visa within one year
    following notification of the availability of such visa, including
    provision for reinstatement of a registration upon establishment
    within two years following the notification that the failure to
    apply was due to circumstances beyond the alien's control for prior
    provision for discretionary termination of the registration on a
    waiting list of an alien failing to evidence continued intention to
    apply for a visa as prescribed by regulation and inserted provision
    for automatic revocation of approval of a petition approved under
    section 1154(b) of this title upon such termination.
      1965 - Subsec. (a). Pub. L. 89-236 substituted provisions setting
    up preference priorities and percentage allocations of the total
    numerical limitation for the admission of qualified immigrants,
    consisting of unmarried sons or daughters of U.S. citizens (20
    percent), husbands, wives, and unmarried sons or daughters of alien
    residents (20 percent plus any unused portion of class 1), members
    of professions, scientists, and artists (10 percent), married sons
    or daughters of U.S. citizens (10 percent plus any unused portions
    of classes 1-3), brothers or sisters of U.S. citizens (24 percent
    plus any unused portions of classes 1 through 4), skilled or
    unskilled persons capable of filling labor shortages in the United
    States (10 percent), refugees (6 percent), otherwise qualified
    immigrants (portion not used by classes 1 through 7), and allowing
    a spouse or child to be given the same status and order of
    consideration as the spouse or parent, for provisions spelling out
    the preferences under the quotas based on the previous national
    origins quota systems.
      Subsec. (b). Pub. L. 89-236 substituted provisions requiring that
    consideration be given applications for immigrant visas in the
    order in which the classes of which they are members are listed in
    subsec. (a), for provisions allowing issuance of quota immigrant
    visas under the previous national origins quota system in the order
    of filing in the first calendar month after receipt of notice of
    approval for which a quota number was available.
      Subsec. (c). Pub. L. 89-236 substituted provisions requiring
    issuance of immigrant visas pursuant to paragraphs (1) through (6)
    of subsection (a) of this section in the order of filing of the
    petitions therefor with the Attorney General, for provisions which
    related to issuance of quota immigrant visas in designated classes
    in the order of registration in each class on quota waiting lists.
      Subsec. (d). Pub. L. 89-236 substituted provisions requiring each
    immigrant to establish his preference as claimed and prohibiting
    consular officers from granting status of immediate relative of a
    United States citizen or preference until authorized to do so, for
    provisions spelling out the order for consideration of applications
    for quota immigrant visas under the various prior classes.
      Subsec. (e). Pub. L. 89-236 substituted provisions authorizing
    Secretary of State to make estimates of anticipated members of
    visas issued and to terminate the waiting-list registration of any
    registrant failing to evidence a continued intention to apply for a
    visa, for provisions establishing a presumption of quota status for
    immigrants and requiring the immigrant to establish any claim to a
    preference.
      Subsecs. (f) to (h). Pub. L. 89-236 added subsecs. (f) to (h).
      1959 - Subsec. (a)(2). Pub. L. 86-363, Sec. 1, accorded adult
    unmarried sons or daughters of United States citizens second
    preference in the allocation of immigrant visas within quotas.
      Subsec. (a)(3). Pub. L. 86-363, Sec. 2, substituted "unmarried
    sons or daughters" for "children".
      Subsec. (a)(4). Pub. L. 86-363, Sec. 3, substituted "married sons
    or married daughters" for "sons, or daughters", increased
    percentage limitation from 25 to 50 per centum, and made preference
    available to spouses and children of qualified quota immigrants if
    accompanying them.
      1957 - Subsec. (a)(1). Pub. L. 85-316 substituted "or following
    to join him" for "him".

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Pub. L. 107-273, div. C, title I, Sec. 11036(c), Nov. 2, 2002,
    116 Stat. 1847, provided that: "The amendments made by this section
    [amending this section and section 1186b of this title] shall take
    effect on the date of the enactment of this Act [Nov. 2, 2002] and
    shall apply to aliens having any of the following petitions pending
    on or after the date of the enactment of this Act:
        "(1) A petition under section 204(a)(1)(H) of the Immigration
      and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
      provision), with respect to status under section 203(b)(5) of
      such Act (8 U.S.C. 1153(b)(5)).
        "(2) A petition under section 216A(c)(1)(A) of such Act (8
      U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
      alien's permanent resident status."
      Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
    applicable to certain beneficiary aliens, see section 8 of Pub. L.
    107-208, set out as a note under section 1151 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-536, Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2561,
    provided that: "The amendment made by paragraph (1) [amending this
    section] shall apply to visas made available in any fiscal year
    beginning on or after October 1, 2000."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 219(c) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENTS                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.
      Amendment by Pub. L. 102-110 effective 60 days after Oct. 1,
    1991, see section 2(d) of Pub. L. 102-110, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by sections 111, 121(a), 131, 162(a)(1) of Pub. L. 101-
    649 effective Oct. 1, 1991, and applicable beginning with fiscal
    year 1992, with general transition provisions, see section 161(a),
    (c) of Pub. L. 101-649, set out as a note under section 1101 of
    this title.
      Amendment by section 603(a)(3) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by section 203(c) of Pub. L. 96-212 effective, except
    as otherwise provided, Apr. 1, 1980, and amendment by section
    203(i) of Pub. L. 96-212 effective immediately before Apr. 1, 1980,
    see section 204 of Pub. L. 96-212, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                                 GAO STUDY                             
      Pub. L. 108-156, Sec. 5, Dec. 3, 2003, 117 Stat. 1945, as amended
    by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814,
    provided that:
      "(a) In General. - Not later than 1 year after the date of
    enactment of this Act [Dec. 3, 2003], the Government Accountability
    Office shall report to Congress on the immigrant investor program
    created under section 203(b)(5) of the Immigration and Nationality
    Act (8 U.S.C. 1153(b)(5)).
      "(b) Contents. - The report described in subsection (a) shall
    include information regarding - 
        "(1) the number of immigrant investors that have received visas
      under the immigrant investor program in each year since the
      inception of the program;
        "(2) the country of origin of the immigrant investors;
        "(3) the localities where the immigrant investors are settling
      and whether those investors generally remain in the localities
      where they initially settle;
        "(4) the number of immigrant investors that have sought to
      become citizens of the United States;
        "(5) the types of commercial enterprises that the immigrant
      investors have established; and
        "(6) the types and number of jobs created by the immigrant
      investors."

           RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS       
      Pub. L. 106-313, title I, Sec. 106(d), Oct. 17, 2000, 114 Stat.
    1254, as amended by Pub. L. 109-13, div. B, title V, Sec. 502, May
    11, 2005, 119 Stat. 322, provided that:
      "(1) In general. - Notwithstanding any other provision of law,
    the number of employment-based visas (as defined in paragraph (3))
    made available for a fiscal year (beginning with fiscal year 2001)
    shall be increased by the number described in paragraph (2). Visas
    made available under this subsection shall only be available in a
    fiscal year to employment-based immigrants under paragraph (1),
    (2), or (3) of section 203(b) of the Immigration and Nationality
    Act [8 U.S.C. 1153(b)] and any such visa that is made available due
    to the difference between the number of employment-based visas that
    were made available in fiscal year 2001, 2002, 2003, or 2004 and
    the number of such visas that were actually used in such fiscal
    year shall be available only to employment-based immigrants (and
    their family members accompanying or following to join under
    section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant
    worker petitions were approved based on schedule A, as defined in
    section 656.5 of title 20, Code of Federal Regulations, as
    promulgated by the Secretary of Labor.
      "(2) Number available. - 
        "(A) In general. - Subject to subparagraph (B), the number
      described in this paragraph is the difference between the number
      of employment-based visas that were made available in fiscal
      years 1999 through 2004 and the number of such visas that were
      actually used in such fiscal years.
        "(B)(i) Reduction. - The number described in subparagraph (A)
      shall be reduced, for each fiscal year after fiscal year 2001, by
      the cumulative number of immigrant visas actually used under
      paragraph (1) for previous fiscal years.
        "(ii) Maximum. - The total number of visas made available under
      paragraph (1) from unused visas from the fiscal years 2001
      through 2004 may not exceed 50,000.
        "(C) Construction. - Nothing in this paragraph shall be
      construed as affecting the application of section 201(c)(3)(C) of
      the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
      "(3) Employment-based visas defined. - For purposes of this
    subsection, the term 'employment-based visa' means an immigrant
    visa which is issued pursuant to the numerical limitation under
    section 203(b) of the Immigration and Nationality Act (8 U.S.C.
    1153(b))."

                   TEMPORARY REDUCTION IN WORKERS' VISAS               
      Pub. L. 105-100, title II, Sec. 203(e), Nov. 19, 1997, 111 Stat.
    2199, as amended by Pub. L. 105-139, Sec. 1(e), Dec. 2, 1997, 111
    Stat. 2645, provided that:
      "(1) Beginning in the fiscal year following the fiscal year in
    which a visa has been made available under section
    203(b)(3)(A)(iii) of the Immigration and Nationality Act [8 U.S.C.
    1153(b)(3)(A)(iii)] for all aliens who are the beneficiary of a
    petition approved under section 204 of such Act [8 U.S.C. 1154] as
    of the date of the enactment of this Act [Nov. 19, 1997] for
    classification under section 203(b)(3)(A)(iii) of such Act, subject
    to paragraph (2), visas available under section 203(b)(3)(A)(iii)
    of that Act shall be reduced by 5,000 from the number of visas
    otherwise available under that section for such fiscal year.
      "(2) In no case shall the reduction under paragraph (1) for a
    fiscal year exceed the amount by which - 
        "(A) the number computed under subsection (d)(2)(A) [section
      203(d)(2)(A) of Pub. L. 105-100, 8 U.S.C. 1151 note]; exceeds
        "(B) the total of the reductions in available visas under this
      subsection for all previous fiscal years."

                      DIVERSITY IMMIGRANT LOTTERY FEE                  
      Pub. L. 104-208, div. C, title VI, Sec. 636, Sept. 30, 1996, 110
    Stat. 3009-703, provided that: "The Secretary of State may
    establish a fee to be paid by each applicant for an immigrant visa
    described in section 203(c) of the Immigration and Nationality Act
    [8 U.S.C. 1153(c)]. Such fee may be set at a level that will ensure
    recovery of the cost to the Department of State of allocating visas
    under such section, including the cost of processing all
    applications thereunder. All fees collected under this section
    shall be used for providing consular services. All fees collected
    under this section shall be deposited as an offsetting collection
    to any Department of State appropriation and shall remain available
    for obligations until expended. The provisions of the Act of August
    18, 1856 (11 Stat. 58; 22 U.S.C. 4212-4214), concerning accounting
    for consular fees, shall not apply to fees collected under this
    section."

      ELIGIBILITY FOR VISAS FOR POLISH APPLICANTS FOR 1995 DIVERSITY
                             IMMIGRANT PROGRAM
      Pub. L. 104-208, div. C, title VI, Sec. 637, Sept. 30, 1996, 110
    Stat. 3009-704, provided that:
      "(a) In General. - The Attorney General, in consultation with the
    Secretary of State, shall include among the aliens selected for
    diversity immigrant visas for fiscal year 1997 pursuant to section
    203(c) of the Immigration and Nationality Act [8 U.S.C. 1153(c)]
    any alien who, on or before September 30, 1995 - 
        "(1) was selected as a diversity immigrant under such section
      for fiscal year 1995;
        "(2) applied for adjustment of status to that of an alien
      lawfully admitted for permanent residence pursuant to section 245
      of such Act [8 U.S.C. 1255] during fiscal year 1995, and whose
      application, and any associated fees, were accepted by the
      Attorney General, in accordance with applicable regulations;
        "(3) was not determined by the Attorney General to be
      excludable under section 212 of such Act [8 U.S.C. 1182] or
      ineligible under section 203(c)(2) of such Act [8 U.S.C.
      1153(c)(2)]; and
        "(4) did not become an alien lawfully admitted for permanent
      residence during fiscal year 1995.
      "(b) Priority. - The aliens selected under subsection (a) shall
    be considered to have been selected for diversity immigrant visas
    for fiscal year 1997 prior to any alien selected under any other
    provision of law.
      "(c) Reduction of Immigrant Visa Number. - For purposes of
    applying the numerical limitations in sections 201 and 203(c) of
    the Immigration and Nationality Act [8 U.S.C. 1151, 1153(c)],
    aliens selected under subsection (a) who are granted an immigrant
    visa shall be treated as aliens granted a visa under section 203(c)
    of such Act."

                       SOVIET SCIENTISTS IMMIGRATION                   
      Pub. L. 107-228, div. B, title XIII, Sec. 1304(d), Sept. 30,
    2002, 116 Stat. 1437, provided that: "The Attorney General shall
    consult with the Secretary, the Secretary of Defense, the Secretary
    of Energy, and the heads of other appropriate agencies of the
    United States regarding - 
        "(1) previous experience in implementing the Soviet Scientists
      Immigration Act of 1992 [Pub. L. 102-509 set out below]; and
        "(2) any changes that those officials would recommend in the
      regulations prescribed under that Act."
      [For definition of "Secretary" as used in section 1304(d) of Pub.
    L. 107-228, set out above, see section 3 of Pub. L. 107-228, set
    out as a note under section 2651 of Title 22, Foreign Relations and
    Intercourse.]
      Pub. L. 102-509, Oct. 24, 1992, 106 Stat. 3316, as amended by
    Pub. L. 107-228, div. B, title XIII, Sec. 1304(a)-(c), Sept. 30,
    2002, 116 Stat. 1436, 1437, provided that:

      "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 (8 U.S.C. 1153(b)(2)(A)) that an alien's services
    in the sciences, arts, or business be sought by an employer in the
    United States shall not apply to any eligible independent states or
    Baltic scientist who is applying for admission to the United States
    for permanent residence in accordance with that section.

      "SEC. 4. CLASSIFICATION OF INDEPENDENT STATES SCIENTISTS AS
        HAVING EXCEPTIONAL ABILITY.
      "(a) In General. - The Attorney General shall designate a class
    of eligible independent states and Baltic scientists, based on
    their level of expertise, as aliens who possess 'exceptional
    ability in the sciences', for purposes of section 203(b)(2)(A) of
    the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)(A)),
    whether or not such scientists possess advanced degrees. A
    scientist is not eligible for designation under this subsection if
    the scientist has previously been granted the status of an alien
    lawfully admitted for permanent residence (as defined in section
    101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(20)).
      "(b) Regulations. - The Attorney General shall prescribe
    regulations to carry out subsection (a).
      "(c) Limitation. - Not more than 950 eligible independent states
    and Baltic scientists (excluding spouses and children if
    accompanying or following to join) within the class designated
    under subsection (a) may be allotted visas under section
    203(b)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1153(b)(2)(A)).
      "(d) Duration of Authority. - The authority under subsection (a)
    shall be in effect during the following periods:
        "(1) The period beginning on the date of the enactment of this
      Act [Oct. 24, 1992] and ending 4 years after such date.
        "(2) The period beginning on the date of the enactment of the
      Security Assistance Act of 2002 [Sept. 30, 2002] and ending 4
      years after such date."

                         PILOT IMMIGRATION PROGRAM                     
      Pub. L. 102-395, title VI, Sec. 610, Oct. 6, 1992, 106 Stat.
    1874, as amended by Pub. L. 105-119, title I, Sec. 116(a), Nov. 26,
    1997, 111 Stat. 2467; Pub. L. 106-396, Sec. 402, Oct. 30, 2000, 114
    Stat. 1647; Pub. L. 107-273, div. C, title I, Sec. 11037(a), Nov.
    2, 2002, 116 Stat. 1847; Pub. L. 108-156, Sec. 4, Dec. 3, 2003, 117
    Stat. 1945, provided that:
      "(a) Of the visas otherwise available under section 203(b)(5) of
    the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), the
    Secretary of State, together with the Secretary of Homeland
    Security, shall set aside visas for a pilot program to implement
    the provisions of such section. Such pilot program shall involve a
    regional center in the United States, designated by the Secretary
    of Homeland Security on the basis of a general proposal, for the
    promotion of economic growth, including increased export sales,
    improved regional productivity, job creation, or increased domestic
    capital investment. A regional center shall have jurisdiction over
    a limited geographic area, which shall be described in the proposal
    and consistent with the purpose of concentrating pooled investment
    in defined economic zones. The establishment of a regional center
    may be based on general predictions, contained in the proposal,
    concerning the kinds of commercial enterprises that will receive
    capital from aliens, the jobs that will be created directly or
    indirectly as a result of such capital investments, and the other
    positive economic effects such capital investments will have.
      "(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 Secretary of
    Homeland Security, shall set aside 3,000 visas annually for 15
    years to include such aliens as are eligible for admission under
    section 203(b)(5) of the Immigration and Nationality Act [8 U.S.C.
    1153(b)(5)] and this section, as well as spouses or children which
    are eligible, under the terms of the Immigration and Nationality
    Act [8 U.S.C. 1101 et seq.], to accompany or follow to join such
    aliens.
      "(c) In determining compliance with section
    203(b)(5)(A)(iii)[(ii)] of the Immigration and Nationality Act [8
    U.S.C. 1153(b)(5)(A)(iii)[(ii)]], and notwithstanding the
    requirements of 8 CFR 204.6, the Secretary of Homeland Security
    shall permit aliens admitted under the pilot program described in
    this section to establish reasonable methodologies for determining
    the number of jobs created by the pilot program, including such
    jobs which are estimated to have been created indirectly through
    revenues generated from increased exports, improved regional
    productivity, job creation, or increased domestic capital
    investment resulting from the pilot program.
      "(d) In processing petitions under section 204(a)(1)(H) of the
    Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) for
    classification under section 203(b)(5) of such Act (8 U.S.C.
    1153(b)(5)), the Secretary of Homeland Security may give priority
    to petitions filed by aliens seeking admission under the pilot
    program described in this section. Notwithstanding section 203(e)
    of such Act (8 U.S.C. 1153(e)), immigrant visas made available
    under such section 203(b)(5) may be issued to such aliens in an
    order that takes into account any priority accorded under the
    preceding sentence."
      [Pub. L. 107-273, div. C, title I, Sec. 11037(b), Nov. 2, 2002,
    116 Stat. 1848, provided that: "The amendments made by this section
    [amending section 610 of Pub. L. 102-395, set out above] shall take
    effect on the date of the enactment of this Act [Nov. 2, 2002] and
    shall apply to - 
        "(1) any proposal for a regional center pending before the
      Attorney General (whether for an initial decision or on appeal)
      on or after the date of the enactment of this Act; and
        "(2) any of the following petitions, if filed on or after the
      date of the enactment of this Act:
          "(A) A petition under section 204(a)(1)(H) of the Immigration
        and Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any
        predecessor provision) (or any predecessor provision), with
        respect to status under section 203(b)(5) of such Act (8 U.S.C.
        1153(b)(5)).
          "(B) A petition under section 216A(c)(1)(A) of such Act (8
        U.S.C. 1186b(c)(1)(A)) to remove the conditional basis of an
        alien's permanent resident status."]
      [Section 116(b) of Pub. L. 105-119 provided that: "The amendment
    made by subsection (a)(2) [amending section 610 of Pub. L. 102-395,
    set out above] shall be deemed to have become effective on October
    6, 1992."]

       TRANSITION FOR SPOUSES AND MINOR CHILDREN OF LEGALIZED ALIENS   
      Section 112 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(b)(1), Dec. 12, 1991, 105 Stat. 1743, provided
    that:
      "(a) Additional Visa Numbers. - 
        "(1) In general. - In addition to any immigrant visas otherwise
      available, immigrant visa numbers shall be available in each of
      fiscal years 1992, 1993, and 1994 for spouses and children of
      eligible, legalized aliens (as defined in subsection (c)) in a
      number equal to 55,000 minus the number (if any) computed under
      paragraph (2) for the fiscal year.
        "(2) Offset. - The number computed under this paragraph for a
      fiscal year is the number (if any) by which - 
          "(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 [8 U.S.C. 1151(b)(2)] (or, for
        fiscal year 1992, section 201(b) of such Act) who were issued
        immigrant visas or otherwise acquired the status of aliens
        lawfully admitted to the United States for permanent residence
        in the previous fiscal year, exceeds
          "(B) 239,000.
      "(b) Order. - Visa numbers under this section shall be made
    available in the order in which a petition, in behalf of each such
    immigrant for classification under section 203(a)(2) of the
    Immigration and Nationality Act [8 U.S.C. 1153(a)(2)], is filed
    with the Attorney General under section 204 of such Act [8 U.S.C.
    1154].
      "(c) Legalized Alien Defined. - In this section, the term
    'legalized alien' means an alien lawfully admitted for permanent
    residence who was provided - 
        "(1) temporary or permanent residence status under section 210
      of the Immigration and Nationality Act [8 U.S.C. 1160],
        "(2) temporary or permanent residence status under section 245A
      of the Immigration and Nationality Act [8 U.S.C. 1255a], or
        "(3) permanent residence status under section 202 of the
      Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set
      out as a note under section 1255a of this title].
      "(d) Definitions. - The definitions in the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
    administration of this section."

       TRANSITION FOR EMPLOYEES OF CERTAIN UNITED STATES BUSINESSES
                          OPERATING IN HONG KONG
      Section 124 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(b)(5), Dec. 12, 1991, 105 Stat. 1743, provided
    that:
      "(a) Additional Visa Numbers. - 
        "(1) Treatment of principals. - In the case of any alien
      described in paragraph (3) (or paragraph (2) as the spouse or
      child of such an alien) with respect to whom a classification
      petition has been filed and approved under subsection (b), there
      shall be made available, in addition to the immigrant visas
      otherwise available in each of fiscal years 1991 through 1993 and
      without regard to section 202(a) of the Immigration and
      Nationality Act [8 U.S.C. 1152(a)], up to 12,000 additional
      immigrant visas. If the full number of such visas are not made
      available in fiscal year 1991 or 1992, the shortfall shall be
      added to the number of such visas to be made available under this
      section in the succeeding fiscal year.
        "(2) Derivative relatives. - A spouse or child (as defined in
      section 101(b)(1)(A), (B), (C), (D), or (E) of the Immigration
      and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B), (C), (D), (E)])
      shall, if not otherwise entitled to an immigrant status and the
      immediate issuance of a visa under this section, be entitled to
      the same status, and the same order of consideration, provided
      under this section, if accompanying, or following to join, the
      alien's spouse or parent.
        "(3) Employees of certain united states businesses operating in
      hong kong. - An alien is described in this paragraph if the alien
      - 
          "(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) Petitions. - Any employer desiring and intending to employ
    within the United States an alien described in subsection (a)(3)
    may file a petition with the Attorney General for such
    classification. No visa may be issued under subsection (a)(1) until
    such a petition has been approved.
      "(c) Allocation. - Visa numbers made available under subsection
    (a) shall be made available in the order which petitions under
    subsection (b) are filed with the Attorney General.
      "(d) Definitions. - In this section:
        "(1) Executive capacity. - The term 'executive capacity' has
      the meaning given such term in section 101(a)(44)(B) of the
      Immigration and Nationality Act [8 U.S.C. 1101(a)(44)(B)], as
      added by section 123 of this Act.
        "(2) Managerial capacity. - The term 'managerial capacity' has
      the meaning given such term in section 101(a)(44)(A) of the
      Immigration and Nationality Act, as added by section 123 of this
      Act.
        "(3) Officer. - The term 'officer' means, with respect to a
      business entity, the chairman or vice-chairman of the board of
      directors of the entity, the chairman or vice-chairman of the
      executive committee of the board of directors, the president, any
      vice-president, any assistant vice-president, any senior trust
      officer, the secretary, any assistant secretary, the treasurer,
      any assistant treasurer, any trust officer or associate trust
      officer, the controller, any assistant controller, or any other
      officer of the entity customarily performing functions similar to
      those performed by any of the above officers.
        "(4) Specialized knowledge. - The term 'specialized knowledge'
      has the meaning given such term in section 214(c)(2)(B) of the
      Immigration and Nationality Act [8 U.S.C. 1184(c)(2)(B)], as
      amended by section 206(b)(2) of this Act.
        "(5) Supervisor. - The term 'supervisor' means any individual
      having authority, in the interest of the employer, to hire,
      transfer, suspend, lay off, recall, promote, discharge, assign,
      reward, or discipline other employees, or responsibility to
      direct them, or to adjust their grievances, or effectively
      recommend such action, if in connection with the foregoing the
      exercise of such authority is not merely of a routine or clerical
      nature, but requires the use of independent judgment."
      [Section 124 of Pub. L. 101-649 effective Nov. 29, 1990, and
    (unless otherwise provided) applicable to fiscal year 1991, see
    section 161(b) of Pub. L. 101-649, set out as an Effective Date of
    1990 Amendment note under section 1101 of this title.]

        DIVERSITY TRANSITION FOR ALIENS WHO ARE NATIVES OF CERTAIN
                     ADVERSELY AFFECTED FOREIGN STATES
      Section 217(b) of Pub. L. 103-416 provided that:
      "(1) Eligibility. - For the purpose of carrying out the extension
    of the diversity transition program under the amendments made by
    subsection (a) [amending section 132 of Pub. L. 101-649, set out
    below], applications for natives of diversity transition countries
    submitted for fiscal year 1995 for diversity immigrants under
    section 203(c) of the Immigration and Nationality Act [8 U.S.C.
    1153(c)] shall be considered applications for visas made available
    for fiscal year 1995 for the diversity transition program under
    section 132 of the Immigration Act of 1990 [section 132 of Pub. L.
    101-649]. No application period for the fiscal year 1995 diversity
    transition program shall be established and no new applications may
    be accepted for visas made available under such program for fiscal
    year 1995. Applications for visas in excess of the minimum
    available to natives of the country specified in section 132(c) of
    the Immigration Act of 1990 shall be selected for qualified
    applicants within the several regions defined in section
    203(c)(1)(F) of the Immigration and Nationality Act in proportion
    to the region's share of visas issued in the diversity transition
    program during fiscal years 1992 and 1993.
      "(2) Notification. - Not later than 180 days after the date of
    enactment of this Act [Oct. 25, 1994], notification of the
    extension of the diversity transition program for fiscal year 1995
    and the provision of visa numbers shall be made to each eligible
    applicant under paragraph (1).
      "(3) Requirements. - Notwithstanding any other provision of law,
    for the purpose of carrying out the extension of the diversity
    transition program under the amendments made by subsection (a), the
    requirement of section 132(b)(2) of the Immigration Act of 1990
    shall not apply to applicants under such extension and the
    requirement of section 203(c)(2) of the Immigration and Nationality
    Act shall apply to such applicants."
      Section 132 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(b)(6), Dec. 12, 1991, 105 Stat. 1743; Pub. L.
    103-416, title II, Sec. 217(a), Oct. 25, 1994, 108 Stat. 4315,
    provided that:
      "(a) In General. - Notwithstanding the numerical limitations in
    sections 201 and 202 of the Immigration and Nationality Act [8
    U.S.C. 1151, 1152], there shall be made available to qualified
    immigrants described in subsection (b) (or in subsection (d) as the
    spouse or child of such an alien) 40,000 immigrant visas in each of
    fiscal years 1992, 1993, and 1994 and in fiscal year 1995 a number
    of immigrant visas equal to the number of such visas provided (but
    not made available) under this section in previous fiscal years. If
    the full number of such visas are not made available in fiscal year
    1992 or 1993, the shortfall shall be added to the number of such
    visas to be made available under this section in the succeeding
    fiscal year.
      "(b) Qualified Alien Described. - An alien described in this
    subsection is an alien who - 
        "(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 [Pub. L. 99-603,
      set out below],
        "(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) Distribution of Visa Numbers. - The Secretary of State shall
    provide for making immigrant visas provided under subsection (a)
    available strictly in a random order among those who qualify during
    the application period for each fiscal year established by the
    Secretary of State, except that at least 40 percent of the number
    of such visas in each fiscal year shall be made available to
    natives of the foreign state the natives of which received the
    greatest number of visas issued under section 314 of the
    Immigration Reform and Control Act [of 1986] (or to aliens
    described in subsection (d) who are the spouses or children of such
    natives) and except that if more than one application is submitted
    for any fiscal year (beginning with fiscal year 1993) with respect
    to any alien all such applications submitted with respect to the
    alien and fiscal year shall be voided. If the minimum number of
    such visas are not made available in fiscal year 1992, 1993, or
    1994 to such natives, the shortfall shall be added to the number of
    such visas to be made available under this section to such natives
    in the succeeding fiscal year. In applying this section, natives of
    Northern Ireland shall be deemed to be natives of Ireland.
      "(d) Derivative Status for Spouses and Children. - A spouse or
    child (as defined in section 101(b)(1)(A), (B), (C), (D), or (E) of
    the Immigration and Nationality Act [8 U.S.C. 1101(b)(1)(A), (B),
    (C), (D), (E)]) shall, if not otherwise entitled to an immigrant
    status and the immediate issuance of a visa under this section, be
    entitled to the same status, and the same order of consideration,
    provided under this section, if accompanying, or following to join,
    his spouse or parent.
      "(e) Waivers of Grounds of Exclusion. - In determining the
    admissibility of an alien provided a visa number under this
    section, the Attorney General shall waive the ground of exclusion
    specified in paragraph (6)(C) of section 212(a) of the Immigration
    and Nationality Act [8 U.S.C. 1182(a)], unless the Attorney General
    finds that such a waiver is not in the national interest. In
    addition, the provisions of section 212(e) of such Act shall not
    apply so as to prevent an individual's application for a visa or
    admission under this section.
      "(f) Application Fee. - The Secretary of State shall require
    payment of a reasonable fee for the filing of an application under
    this section in order to cover the costs of processing applications
    under this section."
      [Section 302(b)(6)(C) of Pub. L. 102-232 provided that the
    amendment made by that section to section 132(b)(1) of Pub. L. 101-
    649, set out above, is effective after fiscal year 1992.]
      [Section 302(b)(6)(D)(i) of Pub. L. 102-232 provided that the
    amendment made by that section to section 132(c) of Pub. L. 101-
    649, set out above, is effective beginning with fiscal year 1993.]

    ONE-YEAR DIVERSITY TRANSITION FOR ALIENS WHO HAVE BEEN NOTIFIED OF
                        AVAILABILITY OF NP-5 VISAS
      Section 133 of Pub. L. 101-649 provided that, notwithstanding
    numerical limitations in sections 1151 and 1152 of this title,
    there were to be made available in fiscal year 1991, immigrant visa
    numbers for qualified immigrants who were notified by Secretary of
    State before May 1, 1990, of their selection for issuance of visa
    under section 314 of Pub. L. 99-603, formerly set out as a note
    below, and were qualified for issuance of such visa but for
    numerical and fiscal year limitations on issuance of such visas,
    former section 1182(a)(19) of this title or section 1182(e) of this
    title, or fact that immigrant was a national, but not a native, of
    foreign state described in section 314 of Pub. L. 99-603.

                     TRANSITION FOR DISPLACED TIBETANS                 
      Section 134 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(b)(7), Dec. 12, 1991, 105 Stat. 1744, provided
    that, notwithstanding numerical limitations in sections 1151 and
    1152 of this title, there were to be made available to qualified
    displaced Tibetans who were natives of Tibet and had been
    continuously residing in India or Nepal since Nov. 29, 1990, 1,000
    immigrant visas in the 3-fiscal-year period beginning with fiscal
    year 1991.

     EXPEDITED ISSUANCE OF LEBANESE SECOND AND FIFTH PREFERENCE VISAS 
      Section 155 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(d)(5), Dec. 12, 1991, 105 Stat. 1745, provided
    that:
      "(a) In General. - In the issuance of immigrant visas to certain
    Lebanese immigrants described in subsection (b) in fiscal years
    1991 and 1992 and notwithstanding section 203(c) (or section
    203(e), in the case of fiscal year 1992) of the Immigration and
    Nationality Act [8 U.S.C. 1153(c), (e)] (to the extent inconsistent
    with this section), the Secretary of State shall provide that
    immigrant visas which would otherwise be made available in the
    fiscal year shall be made available as early as possible in the
    fiscal year.
      "(b) Lebanese Immigrants Covered. - Lebanese immigrants described
    in this subsection are aliens who - 
        "(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 [8 U.S.C. 1153(a)(2), (5)] (as in effect as
      of the date of the enactment of this Act),
    or who are the spouse or child of such an alien if accompanying or
    following to join the alien."
      [Section 155 of Pub. L. 101-649 effective Nov. 29, 1990, and
    (unless otherwise provided) applicable to fiscal year 1991, see
    section 161(b) of Pub. L. 101-649, set out as an Effective Date of
    1990 Amendment note under section 1101 of this title.]

                          ORDER OF CONSIDERATION                      
      Section 162(a)(2) of Pub. L. 101-649 provided that: "Nothing in
    this Act [see Tables for classification] may be construed as
    continuing the availability of visas under section 203(a)(7) of the
    Immigration and Nationality Act [8 U.S.C. 1153(a)(7)], as in effect
    before the date of enactment of this Act [Nov. 29, 1990]."

        MAKING VISAS AVAILABLE TO IMMIGRANTS FROM UNDERREPRESENTED
               COUNTRIES TO ENHANCE DIVERSITY IN IMMIGRATION
      Pub. L. 100-658, Sec. 3, Nov. 15, 1988, 102 Stat. 3908, provided
    that, notwithstanding numerical limitations in section 1151(a) of
    this title, but subject to numerical limitations in section 1152 of
    this title, there were to be made available to qualified immigrants
    who were natives of underrepresented countries, 10,000 visa numbers
    in each of fiscal years 1990 and 1991.

            MAKING VISAS AVAILABLE TO NONPREFERENCE IMMIGRANTS        
      Pub. L. 99-603, title III, Sec. 314, Nov. 6, 1986, 100 Stat.
    3439, as amended by Pub. L. 100-658, Sec. 2(a), Nov. 15, 1988, 102
    Stat. 3908, provided that, notwithstanding numerical limitations in
    section 1151(a) of this title, but subject to numerical limitations
    in section 1152 of this title, there were to be made available to
    qualified immigrants described in section 1153(a)(7) of this title,
    5,000 visa numbers in each of fiscal years 1987 and 1988 and 15,000
    visa numbers in each of fiscal years 1989 and 1990.

     REFERENCES TO CONDITIONAL ENTRY REQUIREMENTS OF SUBSECTION (A)(7)
                   OF THIS SECTION IN OTHER FEDERAL LAWS
      Section 203(h) of Pub. L. 96-212 provided that: "Any reference in
    any law (other than the Immigration and Nationality Act [this
    chapter] or this Act [see Short Title of 1980 Amendment note set
    out under section 1101 of this title]) in effect on April 1, 1980,
    to section 203(a)(7) of the Immigration and Nationality Act
    [subsec. (a)(7) of this section] shall be deemed to be a reference
    to such section as in effect before such date and to sections 207
    and 208 of the Immigration and Nationality Act [sections 1157 and
    1158 of this title]."

                 RETROACTIVE ADJUSTMENT OF REFUGEE STATUS             
      For adjustment of the status of refugees paroled into the United
    States pursuant to section 1182(d)(5) of this title, see section 5
    of Pub. L. 95-412, set out as a note under section 1182 of this
    title.

                    ENTITLEMENT TO PREFERENTIAL STATUS                
      Section 9 of Pub. L. 94-571 provided that:
      "(a) The amendments made by this Act [see Short Title of 1976
    Amendment note set out under section 1101 of this title] shall not
    operate to effect the entitlement to immigrant status or the order
    of consideration for issuance of an immigrant visa of an alien
    entitled to a preference status, under section 203(a) of the
    Immigration and Nationality Act [subsec. (a) of this section] as in
    effect on the day before the effective date of this Act [see
    Effective Date of 1976 Amendment note set out under section 1101 of
    this title], on the basis of a petition filed with the Attorney
    General prior to such effective date.
      "(b) An alien chargeable to the numerical limitation contained in
    section 21(e) of the Act of October 3, 1965 (79 Stat. 921) [which
    provided that unless legislation inconsistent therewith was enacted
    on or before June 30, 1968, the number of special immigrants within
    the meaning of section 1101(a)(27)(A) of this title, exclusive of
    special immigrants who were immediate relatives of United States
    citizens as described in section 1151(b) of this title, should not,
    in the fiscal year beginning July 1, 1968, or in any fiscal year
    thereafter, exceed a total of 120,000] who established a priority
    date at a consular office on the basis of entitlement to immigrant
    status under statutory or regulatory provisions in existence on the
    day before the effective date of this Act [see Effective Date of
    1976 Amendment note under section 1101 of this title] shall be
    deemed to be entitled to immigrant status under section 203(a)(8)
    of the Immigration and Nationality Act [subsec. (a)(8) of this
    section] and shall be accorded the priority date previously
    established by him. Nothing in this section shall be construed to
    preclude the acquisition by such an alien of a preference status
    under section 203(a) of the Immigration and Nationality Act
    [subsec. (a) of this section], as amended by section 4 of this Act.
    Any petition filed by, or in behalf of, such an alien to accord him
    a preference status under section 203(a) [subsec. (a) of this
    section] shall, upon approval, be deemed to have been filed as of
    the priority date previously established by such alien. The
    numerical limitation to which such an alien shall be chargeable
    shall be determined as provided in sections 201 and 202 of the
    Immigration and Nationality Act [sections 1151 and 1152 of this
    title], as amended by this Act [see Short Title of 1976 Amendment
    note set out under section 1101 of this title]."

      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
      Pub. L. 87-885, Sec. 1, Oct. 24, 1962, 76 Stat. 1247, which
    provided that certain alien relatives of United States citizens
    registered on a consular waiting list under priority date earlier
    than March 31, 1954, and eligible for a quota immigrant status on a
    basis of a petition filed with the Attorney General prior to
    January 1, 1962, and the spouse and children of such alien, be held
    to be nonquota immigrants and be issued nonquota immigrant visas,
    was repealed by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat.
    3657, as amended by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988,
    102 Stat. 2617, eff. Nov. 14, 1986.

       NONQUOTA IMMIGRANT STATUS OF SKILLED SPECIALISTS; ISSUANCE OF
    NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS FILED PRIOR TO APRIL
                                  1, 1962
      Pub. L. 87-885, Sec. 2, Oct. 24, 1962, 76 Stat. 1247, which
    provided that certain alien skilled specialists eligible for a
    quota immigrant status on the basis of a petition filed with the
    Attorney General prior to April 1, 1962, be held to be nonquota
    immigrants and be issued nonquota immigrant visas, was repealed by
    Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657, as amended
    by Pub. L. 100-525, Sec. 8(j)(1), Oct. 24, 1988, 102 Stat. 2617,
    eff. Nov. 14, 1986.

     ISSUANCE OF NONQUOTA IMMIGRANT VISAS TO CERTAIN ELIGIBLE ORPHANS 
      Pub. L. 87-301, Sec. 25, Sept. 26, 1961, 75 Stat. 657, as amended
    by Pub. L. 99-653, Sec. 11, Nov. 14, 1986, 100 Stat. 3657; Pub. L.
    100-525, Sec. 8(j)(2), Oct. 24, 1988, 102 Stat. 2617, provided
    that: "At any time prior to the expiration of the one hundred and
    eightieth day immediately following the enactment of this Act
    [Sept. 26, 1961] a special nonquota immigrant visa may be issued to
    an eligible orphan as defined in section 4 of the Act of September
    11, 1957, as amended (8 U.S.C. 1205; 71 Stat. 639, 73 Stat. 490, 74
    Stat. 505), if a visa petition filed in behalf of such eligible
    orphan was (A) approved by the Attorney General prior to September
    30, 1961, or (B) pending before the Attorney General prior to
    September 30, 1961, and the Attorney General approves such
    petition."
      [Section 23(c) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendments made by section 11 [amending section 25 of Pub. L. 87-
    301 set out above and repealing sections 1 and 2 of Pub. L. 87-
    885] take effect on November 14, 1986."]

           ADOPTED SONS OR ADOPTED DAUGHTERS, PREFERENCE STATUS       
      Section 5(c) of Pub. L. 86-363 provided that aliens granted a
    preference pursuant to petitions approved by the Attorney General
    on the ground that they were the adopted sons or adopted daughters
    of United States citizens were to remain in that status
    notwithstanding the provisions of section 1 of Pub. L. 86-363,
    unless they acquired a different immigrant status pursuant to a
    petition approved by the Attorney General.

    ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
                           PRIOR TO JULY 1, 1958
      Section 12A of Pub. L. 85-316, as added by section 2 of Pub. L.
    85-700, Aug. 21, 1958, 72 Stat. 699, providing that aliens eligible
    for quota immigrant status on basis of a petition approved prior to
    July 1, 1958, shall be held to be nonquota immigrants and issued
    visas, was repealed by Pub. L. 87-301, Sec. 24(a)(6), Sept. 26,
    1961, 75 Stat. 657.
      Repeal of section 12A of Pub. L. 85-316 effective upon expiration
    of the one hundred and eightieth day immediately following Sept.
    26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
    under former section 1255a of this title.

    ISSUANCE OF NONQUOTA IMMIGRANT VISAS ON BASIS OF PETITIONS APPROVED
                           PRIOR TO JULY 1, 1957
      Section 12 of Pub. L. 85-316 providing that aliens eligible for
    quota immigrant status on basis of a petition approved prior to
    July 1, 1957, shall be held to be nonquota immigrants, and if
    otherwise admissible, be issued visas, was repealed by Pub. L. 87-
    301, Sec. 24(a)(5), Sept. 26, 1961, 75 Stat. 657.
      Repeal of section 12 of Pub. L. 85-316 effective upon expiration
    of the one hundred and eightieth day immediately following Sept.
    26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
    under former section 1255a of this title.

               SPECIAL NONQUOTA IMMIGRANT VISAS FOR REFUGEES           
      Section 6 of Pub. L. 86-363 authorizing issuance of nonquota
    immigrant visas to aliens eligible to enter for permanent residence
    if the alien was the beneficiary of a visa petition approved by the
    Attorney General, and such petition was filed by a person admitted
    under former section 1971 et seq., of Title 50, Appendix, was
    repealed by Pub. L. 87-301, Sec. 24(a)(7), Sept. 26, 1961, 75 Stat.
    657.
      Repeal of section 6 of Pub. L. 86-363 effective upon expiration
    of the one hundred and eightieth day immediately following Sept.
    26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
    under former section 1255a of this title.

    NONQUOTA IMMIGRANT STATUS OF SPOUSES AND CHILDREN OF CERTAIN ALIENS
      Section 4 of Pub. L. 86-363 providing that an alien registered on
    a consular waiting list was eligible for quota immigrant status on
    basis of a petition approved prior to Jan. 1, 1959, along with the
    spouse and children of such alien, was repealed by Pub. L. 87-301,
    Sec. 24(a)(7), Sept. 26, 1961.
      Repeal of section 4 of Pub. L. 86-363 effective upon expiration
    of the one hundred and eightieth day immediately following Sept.
    26, 1961, see section 24(b) of Pub. L. 87-301, set out as a note
    under former section 1255a of this title.

-End-

-CITE-
    8 USC Sec. 1154                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1154. Procedure for granting immigrant status

-STATUTE-
    (a) Petitioning procedure
      (1)(A)(i) Except as provided in clause (viii), 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 section 1153(a) of this title or to an immediate relative status
    under section 1151(b)(2)(A)(i) of this title may file a petition
    with the Attorney General for such classification.
      (ii) An alien spouse described in the second sentence of section
    1151(b)(2)(A)(i) of this title also may file a petition with the
    Attorney General under this subparagraph for classification of the
    alien (and the alien's children) under such section.
      (iii)(I) An alien who is described in subclause (II) may file a
    petition with the Attorney General under this clause for
    classification of the alien (and any child of the alien) if the
    alien demonstrates to the Attorney General that - 
        (aa) the marriage or the intent to marry the United States
      citizen was entered into in good faith by the alien; and
        (bb) during the marriage or relationship intended by the alien
      to be legally a marriage, the alien or a child of the alien has
      been battered or has been the subject of extreme cruelty
      perpetrated by the alien's spouse or intended spouse.

      (II) For purposes of subclause (I), an alien described in this
    subclause is an alien - 
        (aa)(AA) who is the spouse of a citizen of the United States;
        (BB) who believed that he or she had married a citizen of the
      United States and with whom a marriage ceremony was actually
      performed and who otherwise meets any applicable requirements
      under this chapter to establish the existence of and bona fides
      of a marriage, but whose marriage is not legitimate solely
      because of the bigamy of such citizen of the United States; or
        (CC) who was a bona fide spouse of a United States citizen
      within the past 2 years and - 
          (aaa) whose spouse died within the past 2 years;
          (bbb) whose spouse lost or renounced citizenship status
        within the past 2 years related to an incident of domestic
        violence; or
          (ccc) who demonstrates a connection between the legal
        termination of the marriage within the past 2 years and
        battering or extreme cruelty by the United States citizen
        spouse;

        (bb) who is a person of good moral character;
        (cc) who is eligible to be classified as an immediate relative
      under section 1151(b)(2)(A)(i) of this title or who would have
      been so classified but for the bigamy of the citizen of the
      United States that the alien intended to marry; and
        (dd) who has resided with the alien's spouse or intended
      spouse.

      (iv) An alien who is the child of a citizen of the United States,
    or who was a child of a United States citizen parent who within the
    past 2 years lost or renounced citizenship status related to an
    incident of domestic violence, and who is a person of good moral
    character, who is eligible to be classified as an immediate
    relative under section 1151(b)(2)(A)(i) of this title, and who
    resides, or has resided in the past, with the citizen parent may
    file a petition with the Attorney General under this subparagraph
    for classification of the alien (and any child of the alien) under
    such section if the alien demonstrates to the Attorney General that
    the alien has been battered by or has been the subject of extreme
    cruelty perpetrated by the alien's citizen parent. For purposes of
    this clause, residence includes any period of visitation.
      (v) An alien who - 
        (I) is the spouse, intended spouse, or child living abroad of a
      citizen who - 
          (aa) is an employee of the United States Government;
          (bb) is a member of the uniformed services (as defined in
        section 101(a) of title 10); or
          (cc) has subjected the alien or the alien's child to battery
        or extreme cruelty in the United States; and

        (II) is eligible to file a petition under clause (iii) or (iv),

    shall file such petition with the Attorney General under the
    procedures that apply to self-petitioners under clause (iii) or
    (iv), as applicable.
      (vi) For the purposes of any petition filed under clause (iii) or
    (iv), the denaturalization, loss or renunciation of citizenship,
    death of the abuser, divorce, or changes to the abuser's
    citizenship status after filing of the petition shall not adversely
    affect the approval of the petition, and for approved petitions
    shall not preclude the classification of the eligible self-
    petitioning spouse or child as an immediate relative or affect the
    alien's ability to adjust status under subsections (a) and (c) of
    section 1255 of this title or obtain status as a lawful permanent
    resident based on the approved self-petition under such clauses.
      (vii) An alien may file a petition with the Secretary of Homeland
    Security under this subparagraph for classification of the alien
    under section 1151(b)(2)(A)(i) of this title if the alien - 
        (I) is the parent of a citizen of the United States or was a
      parent of a citizen of the United States who, within the past 2
      years, lost or renounced citizenship status related to an
      incident of domestic violence or died;
        (II) is a person of good moral character;
        (III) is eligible to be classified as an immediate relative
      under section 1151(b)(2)(A)(i) of this title;
        (IV) resides, or has resided, with the citizen daughter or son;
      and
        (V) demonstrates that the alien has been battered or subject to
      extreme cruelty by the citizen daughter or son.

      (viii)(I) Clause (i) shall not apply to a citizen of the United
    States who has been convicted of a specified offense against a
    minor, unless the Secretary of Homeland Security, in the
    Secretary's sole and unreviewable discretion, determines that the
    citizen poses no risk to the alien with respect to whom a petition
    described in clause (i) is filed.
      (II) For purposes of subclause (I), the term "specified offense
    against a minor" is defined as in section 16911 of title 42.
      (B)(i)(I) Except as provided in subclause (II), any alien
    lawfully admitted for permanent residence claiming that an alien is
    entitled to a classification by reason of the relationship
    described in section 1153(a)(2) of this title may file a petition
    with the Attorney General for such classification.
      (I) (!1) Subclause (I) shall not apply in the case of an alien
    lawfully admitted for permanent residence who has been convicted of
    a specified offense against a minor (as defined in subparagraph
    (A)(viii)(II)), unless the Secretary of Homeland Security, in the
    Secretary's sole and unreviewable discretion, determines that such
    person poses no risk to the alien with respect to whom a petition
    described in subclause (I) is filed.

      (ii)(I) An alien who is described in subclause (II) may file a
    petition with the Attorney General under this clause for
    classification of the alien (and any child of the alien) if such a
    child has not been classified under clause (iii) of section
    1153(a)(2)(A) of this title and if the alien demonstrates to the
    Attorney General that - 
        (aa) the marriage or the intent to marry the lawful permanent
      resident was entered into in good faith by the alien; and
        (bb) during the marriage or relationship intended by the alien
      to be legally a marriage, the alien or a child of the alien has
      been battered or has been the subject of extreme cruelty
      perpetrated by the alien's spouse or intended spouse.

      (II) For purposes of subclause (I), an alien described in this
    paragraph is an alien - 
        (aa)(AA) who is the spouse of a lawful permanent resident of
      the United States; or
        (BB) who believed that he or she had married a lawful permanent
      resident of the United States and with whom a marriage ceremony
      was actually performed and who otherwise meets any applicable
      requirements under this chapter to establish the existence of and
      bona fides of a marriage, but whose marriage is not legitimate
      solely because of the bigamy of such lawful permanent resident of
      the United States; or
        (CC) who was a bona fide spouse of a lawful permanent resident
      within the past 2 years and - 
          (aaa) whose spouse lost status within the past 2 years due to
        an incident of domestic violence; or
          (bbb) who demonstrates a connection between the legal
        termination of the marriage within the past 2 years and
        battering or extreme cruelty by the lawful permanent resident
        spouse;

        (bb) who is a person of good moral character;
        (cc) who is eligible to be classified as a spouse of an alien
      lawfully admitted for permanent residence under section
      1153(a)(2)(A) of this title or who would have been so classified
      but for the bigamy of the lawful permanent resident of the United
      States that the alien intended to marry; and
        (dd) who has resided with the alien's spouse or intended
      spouse.

      (iii) An alien who is the child of an alien lawfully admitted for
    permanent residence, or who was the child of a lawful permanent
    resident who within the past 2 years lost lawful permanent resident
    status due to an incident of domestic violence, and who is a person
    of good moral character, who is eligible for classification under
    section 1153(a)(2)(A) of this title, and who resides, or has
    resided in the past, with the alien's permanent resident alien
    parent may file a petition with the Attorney General under this
    subparagraph for classification of the alien (and any child of the
    alien) under such section if the alien demonstrates to the Attorney
    General that the alien has been battered by or has been the subject
    of extreme cruelty perpetrated by the alien's permanent resident
    parent.
      (iv) An alien who - 
        (I) is the spouse, intended spouse, or child living abroad of a
      lawful permanent resident who - 
          (aa) is an employee of the United States Government;
          (bb) is a member of the uniformed services (as defined in
        section 101(a) of title 10); or
          (cc) has subjected the alien or the alien's child to battery
        or extreme cruelty in the United States; and

        (II) is eligible to file a petition under clause (ii) or (iii),

    shall file such petition with the Attorney General under the
    procedures that apply to self-petitioners under clause (ii) or
    (iii), as applicable.
      (v)(I) For the purposes of any petition filed or approved under
    clause (ii) or (iii), divorce, or the loss of lawful permanent
    resident status by a spouse or parent after the filing of a
    petition under that clause shall not adversely affect approval of
    the petition, and, for an approved petition, shall not affect the
    alien's ability to adjust status under subsections (a) and (c) of
    section 1255 of this title or obtain status as a lawful permanent
    resident based on an approved self-petition under clause (ii) or
    (iii).
      (II) Upon the lawful permanent resident spouse or parent becoming
    or establishing the existence of United States citizenship through
    naturalization, acquisition of citizenship, or other means, any
    petition filed with the Immigration and Naturalization Service and
    pending or approved under clause (ii) or (iii) on behalf of an
    alien who has been battered or subjected to extreme cruelty shall
    be deemed reclassified as a petition filed under subparagraph (A)
    even if the acquisition of citizenship occurs after divorce or
    termination of parental rights.
      (C) Notwithstanding section 1101(f) of this title, an act or
    conviction that is waivable with respect to the petitioner for
    purposes of a determination of the petitioner's admissibility under
    section 1182(a) of this title or deportability under section
    1227(a) of this title shall not bar the Attorney General from
    finding the petitioner to be of good moral character under
    subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the
    Attorney General finds that the act or conviction was connected to
    the alien's having been battered or subjected to extreme cruelty.
      (D)(i)(I) Any child who attains 21 years of age who has filed a
    petition under clause (iv) of subsection (a)(1)(A) of this section
    or subsection (a)(1)(B)(iii) of this section that was filed or
    approved before the date on which the child attained 21 years of
    age shall be considered (if the child has not been admitted or
    approved for lawful permanent residence by the date the child
    attained 21 years of age) a petitioner for preference status under
    paragraph (1), (2), or (3) of section 1153(a) of this title,
    whichever paragraph is applicable, with the same priority date
    assigned to the self-petition filed under clause (iv) of subsection
    (a)(1)(A) of this section or subsection (a)(1)(B)(iii) of this
    section. No new petition shall be required to be filed.
      (II) Any individual described in subclause (I) is eligible for
    deferred action and work authorization.
      (III) Any derivative child who attains 21 years of age who is
    included in a petition described in clause (ii) that was filed or
    approved before the date on which the child attained 21 years of
    age shall be considered (if the child has not been admitted or
    approved for lawful permanent residence by the date the child
    attained 21 years of age) a VAWA self-petitioner with the same
    priority date as that assigned to the petitioner in any petition
    described in clause (ii). No new petition shall be required to be
    filed.
      (IV) Any individual described in subclause (III) and any
    derivative child of a petition described in clause (ii) is eligible
    for deferred action and work authorization.
      (ii) The petition referred to in clause (i)(III) is a petition
    filed by an alien under subparagraph (A)(iii), (A)(iv), (B)(ii) or
    (B)(iii) in which the child is included as a derivative
    beneficiary.
      (iii) Nothing in the amendments made by the Child Status
    Protection Act shall be construed to limit or deny any right or
    benefit provided under this subparagraph.
      (iv) Any alien who benefits from this subparagraph may adjust
    status in accordance with subsections (a) and (c) of section 1255
    of this title as an alien having an approved petition for
    classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or
    (B)(iii).
      (v) For purposes of this paragraph, an individual who is not less
    than 21 years of age, who qualified to file a petition under
    subparagraph (A)(iv) or (B)(iii) as of the day before the date on
    which the individual attained 21 years of age, and who did not file
    such a petition before such day, shall be treated as having filed a
    petition under such subparagraph as of such day if a petition is
    filed for the status described in such subparagraph before the
    individual attains 25 years of age and the individual shows that
    the abuse was at least one central reason for the filing delay.
    Clauses (i) through (iv) of this subparagraph shall apply to an
    individual described in this clause in the same manner as an
    individual filing a petition under subparagraph (A)(iv) or
    (B)(iii).
      (E) Any alien desiring to be classified under section
    1153(b)(1)(A) of this title, or any person on behalf of such an
    alien, may file a petition with the Attorney General for such
    classification.
      (F) Any employer desiring and intending to employ within the
    United States an alien entitled to classification under section
    1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this
    title may file a petition with the Attorney General for such
    classification.
      (G)(i) Any alien (other than a special immigrant under section
    1101(a)(27)(D) of this title) desiring to be classified under
    section 1153(b)(4) of this title, or any person on behalf of such
    an alien, may file a petition with the Attorney General for such
    classification.
      (ii) Aliens claiming status as a special immigrant under section
    1101(a)(27)(D) of this title may file a petition only with the
    Secretary of State and only after notification by the Secretary
    that such status has been recommended and approved pursuant to such
    section.
      (H) Any alien desiring to be classified under section 1153(b)(5)
    of this title may file a petition with the Attorney General for
    such classification.
      (I)(i) Any alien desiring to be provided an immigrant visa under
    section 1153(c) of this title may file a petition at the place and
    time determined by the Secretary of State by regulation. Only one
    such petition may be filed by an alien with respect to any
    petitioning period established. If more than one petition is
    submitted all such petitions submitted for such period by the alien
    shall be voided.
      (ii)(I) The Secretary of State shall designate a period for the
    filing of petitions with respect to visas which may be issued under
    section 1153(c) of this title for the fiscal year beginning after
    the end of the period.
      (II) Aliens who qualify, through random selection, for a visa
    under section 1153(c) of this title shall remain eligible to
    receive such visa only through the end of the specific fiscal year
    for which they were selected.
      (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.
      (J) In acting on petitions filed under clause (iii) or (iv) of
    subparagraph (A) or clause (ii) or (iii) of subparagraph (B), or in
    making determinations under subparagraphs (C) and (D), 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.
      (K) Upon the approval of a petition as a VAWA self-petitioner,
    the alien - 
        (i) is eligible for work authorization; and
        (ii) may be provided an "employment authorized" endorsement or
      appropriate work permit incidental to such approval.

      (L) Notwithstanding the previous provisions of this paragraph, an
    individual who was a VAWA petitioner or who had the status of a
    nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15)
    of this title may not file a petition for classification under this
    section or section 1184 of this title to classify any person who
    committed the battery or extreme cruelty or trafficking against the
    individual (or the individual's child) which established the
    individual's (or individual's child (!2)) eligibility as a VAWA
    petitioner or for such nonimmigrant status.

      (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 section
    1153(a)(2) of this title, for an alien as a spouse of an alien
    lawfully admitted for permanent residence.
      (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 section 1153(b)(2) or 1153(b)(3) of this
    title, the Attorney General shall, if he determines that the facts
    stated in the petition are true and that the alien in behalf of
    whom the petition is made is an immediate relative specified in
    section 1151(b) of this title, or is eligible for preference under
    subsection (a) or (b) of section 1153 of this title, approve the
    petition and forward one copy thereof to the Department of State.
    The Secretary of State shall then authorize the consular officer
    concerned to grant the preference status.
    (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
    section 1101(b)(1)(F) of this title unless a valid home-study has
    been favorably recommended by an agency of the State of the child's
    proposed residence, or by an agency authorized by that State to
    conduct such a study, or, in the case of a child adopted abroad, by
    an appropriate public or private adoption agency which is licensed
    in the United States.
    (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 be admitted (!3) the United States as an immigrant
    under subsection (a), (b), or (c) of section 1153 of this title or
    as an immediate relative under section 1151(b) of this title if
    upon his arrival at a port of entry in the United States he is
    found not to be entitled to such classification.

    (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 section 1151(b), 1153(a)(1), or 1153(a)(3) of
    this title, as appropriate. After an investigation of the facts of
    each case the Attorney General shall, if the conditions described
    in paragraph (2) are met, approve the petition and forward one copy
    to the Secretary of State.
      (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 section
      9902(2) of title 42 and as revised by the Secretary of Health and
      Human Services under the second and third sentences of such
      section) for a family of the same size as the size of the alien's
      family.

      (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 section 1255(e)(3) of this title, a petition may not be
    approved to grant an alien immediate relative status or preference
    status by reason of a marriage which was entered into during the
    period described in section 1255(e)(2) of this title, until the
    alien has resided outside the United States for a 2-year period
    beginning after the date of the marriage.
    (h) Survival of rights to petition
      The legal termination of a marriage may not be the sole basis for
    revocation under section 1155 of this title of a petition filed
    under subsection (a)(1)(A)(iii) of this section or a petition filed
    under subsection (a)(1)(B)(ii) of this section pursuant to
    conditions described in subsection (a)(1)(A)(iii)(I) of this
    section. Remarriage of an alien whose petition was approved under
    subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or
    marriage of an alien described in clause (iv) or (vi) of subsection
    (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this
    section shall not be the basis for revocation of a petition
    approval under section 1155 of this title.
    (i) Professional athletes
      (1) In general
        A petition under subsection (a)(4)(D) (!4) of this section for
      classification of a professional athlete shall remain valid for
      the athlete after the athlete changes employers, if the new
      employer is a team in the same sport as the team which was the
      employer who filed the petition.

      (2) "Professional athlete" defined
        For purposes of paragraph (1), the term "professional athlete"
      means an individual who is employed as an athlete by - 
          (A) a team that is a member of an association of 6 or more
        professional sports teams whose total combined revenues exceed
        $10,000,000 per year, if the association governs the conduct of
        its members and regulates the contests and exhibitions in which
        its member teams regularly engage; or
          (B) any minor league team that is affiliated with such an
        association.
    (j) Job flexibility for long delayed applicants for adjustment of
      status to permanent residence
      A petition under subsection (a)(1)(D) of this section for an
    individual whose application for adjustment of status pursuant to
    section 1255 of this title has been filed and remained
    unadjudicated for 180 days or more shall remain valid with respect
    to a new job if the individual changes jobs or employers if the new
    job is in the same or a similar occupational classification as the
    job for which the petition was filed.
    (k) Procedures for unmarried sons and daughters of citizens
      (1) In general
        Except as provided in paragraph (2), in the case of a petition
      under this section initially filed for an alien unmarried son or
      daughter's classification as a family-sponsored immigrant under
      section 1153(a)(2)(B) of this title, based on a parent of the son
      or daughter being an alien lawfully admitted for permanent
      residence, if such parent subsequently becomes a naturalized
      citizen of the United States, such petition shall be converted to
      a petition to classify the unmarried son or daughter as a family-
      sponsored immigrant under section 1153(a)(1) of this title.
      (2) Exception
        Paragraph (1) does not apply if the son or daughter files with
      the Attorney General a written statement that he or she elects
      not to have such conversion occur (or if it has occurred, to have
      such conversion revoked). Where such an election has been made,
      any determination with respect to the son or daughter's
      eligibility for admission as a family-sponsored immigrant shall
      be made as if such naturalization had not taken place.
      (3) Priority date
        Regardless of whether a petition is converted under this
      subsection or not, if an unmarried son or daughter described in
      this subsection was assigned a priority date with respect to such
      petition before such naturalization, he or she may maintain that
      priority date.
      (4) Clarification
        This subsection shall apply to a petition if it is properly
      filed, regardless of whether it was approved or not before such
      naturalization.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 204, 66 Stat. 179;
    Pub. L. 87-885, Sec. 3, Oct. 24, 1962, 76 Stat. 1247; Pub. L. 89-
    236, Sec. 4, Oct. 3, 1965, 79 Stat. 915; Pub. L. 94-571, Sec.
    7(b), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95-417, Secs. 2, 3,
    Oct. 5, 1978, 92 Stat. 917; Pub. L. 96-470, title II, Sec. 207,
    Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-116, Secs. 3, 18(d), Dec.
    29, 1981, 95 Stat. 1611, 1620; Pub. L. 97-359, Oct. 22, 1982, 96
    Stat. 1716; Pub. L. 99-639, Secs. 2(c), 4(a), 5(b), Nov. 10, 1986,
    100 Stat. 3541, 3543; Pub. L. 100-525, Sec. 9(g), Oct. 24, 1988,
    102 Stat. 2620; Pub. L. 101-649, title I, Sec. 162(b), title VII,
    Sec. 702(b), Nov. 29, 1990, 104 Stat. 5010, 5086; Pub. L. 102-232,
    title III, Secs. 302(e)(4), (5), 308(b), 309(b)(5), Dec. 12, 1991,
    105 Stat. 1745, 1746, 1757, 1758; Pub. L. 103-322, title IV, Sec.
    40701(a), (b)(1), (c), Sept. 13, 1994, 108 Stat. 1953, 1954; Pub.
    L. 103-416, title II, Sec. 219(b)(2), Oct. 25, 1994, 108 Stat.
    4316; Pub. L. 104-208, div. C, title III, Sec. 308(e)(1)(A),
    (f)(2)(A), title VI, Sec. 624(b), Sept. 30, 1996, 110 Stat. 3009-
    619, 3009-621, 3009-699; Pub. L. 106-279, title III, Sec. 302(b),
    Oct. 6, 2000, 114 Stat. 839; Pub. L. 106-313, title I, Sec.
    106(c)(1), Oct. 17, 2000, 114 Stat. 1254; Pub. L. 106-386, div. B,
    title V, Secs. 1503(b)-(d), 1507(a)(1), (2), (b), Oct. 28, 2000,
    114 Stat. 1518-1521, 1529, 1530; Pub. L. 107-208, Secs. 6, 7, Aug.
    6, 2002, 116 Stat. 929; Pub. L. 109-162, title VIII, Secs.
    805(a),(c), 814(b),(e), 816, Jan. 5, 2006, 119 Stat. 3056, 3059,
    3060; Pub. L. 109-248, title IV, Sec. 402(a), July 27, 2006, 120
    Stat. 622; Pub. L. 109-271, Sec. 6(a), Aug. 12, 2006, 120 Stat.
    762.)

-STATAMEND-
                        AMENDMENT OF SUBSECTION (D)                    
      Pub. L. 106-279, title III, Secs. 302(b), 505(a)(2), (b), Oct. 6,
    2000, 114 Stat. 839, 844, provided that, effective upon entry into
    force for the United States of the Convention on Protection of
    Children and Co-operation in Respect of Intercountry Adoption,
    pursuant to Article 46(2)(a) of the Convention, with transition
    rule, subsection (d) of this section is amended by striking "(d)"
    and inserting "(d)(1)", by striking "section 1101(b)(1)(F)" and
    inserting "subparagraph (F) or (G) of section 1101(b)(1)", and by
    adding at the end the following new paragraph:

      (2) Notwithstanding the provisions of subsections (a) and (b) of
    this section, no petition may be approved on behalf of a child
    defined in section 1101(b)(1)(G) of this title unless the Secretary
    of State has certified that the central authority of the child's
    country of origin has notified the United States central authority
    under the convention referred to in such section 1101(b)(1)(G) of
    this title that a United States citizen habitually resident in the
    United States has effected final adoption of the child, or has been
    granted custody of the child for the purpose of emigration and
    adoption, in accordance with such convention and the Intercountry
    Adoption Act of 2000 [42 U.S.C. 14901 et seq.].

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Child Status Protection Act, referred to in subsec.
    (a)(1)(D)(iii), is Pub. L. 107-208, Aug. 6, 2002, 116 Stat. 927,
    which amended this section and sections 1151, 1153, 1157, and 1158
    of this title and enacted provisions set out as notes under
    sections 1101 and 1151 of this title. For complete classification
    of this Act to the Code, see Short Title of 2002 Amendments note
    set out under section 1101 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A)(i). Pub. L. 109-248, Sec. 402(a)(1),
    substituted "Except as provided in clause (viii), any" for "Any".
      Subsec. (a)(1)(A)(vii). Pub. L. 109-162, Sec. 816, added cl.
    (vii).
      Subsec. (a)(1)(A)(viii). Pub. L. 109-248, Sec. 402(a)(2), added
    cl. (viii).
      Subsec. (a)(1)(B)(i). Pub. L. 109-248, Sec. 402(a)(3),
    redesignated cl. (i) as first subcl. (I), substituted "Except as
    provided in subclause (II), any alien" for "Any alien", and added a
    second subcl. (I).
      Subsec. (a)(1)(D)(v). Pub. L. 109-271, which directed insertion
    of "or (B)(iii)" after "(A)(iv)", was executed by making the
    insertion after "(A)(iv)" both places it appeared, to reflect the
    probable intent of Congress.
      Pub. L. 109-162, Sec. 805(c)(1), added cl. (v).
      Subsec. (a)(1)(D)(i)(I). Pub. L. 109-162, Sec. 805(a)(1)(A),
    inserted "or subsection (a)(1)(B)(iii) of this section" after
    "subsection (a)(1)(A) of this section" in two places.
      Subsec. (a)(1)(D)(i)(III). Pub. L. 109-162, Sec. 805(a)(1)(B),
    substituted "a VAWA self-petitioner" for "a petitioner for
    preference status under paragraph (1), (2), or (3) of section
    1153(a) of this title, whichever paragraph is applicable,".
      Subsec. (a)(1)(D)(iv). Pub. L. 109-162, Sec. 805(a)(2), added cl.
    (iv).
      Subsec. (a)(1)(K). Pub. L. 109-162, Sec. 814(b), added subpar.
    (K).
      Subsec. (a)(1)(L). Pub. L. 109-162, Sec. 814(e), added subpar.
    (L).
      2002 - Subsec. (a)(1)(D)(iii). Pub. L. 107-208, Sec. 7, added cl.
    (iii).
      Subsec. (k). Pub. L. 107-208, Sec. 6, added subsec. (k).
      2000 - Subsec. (a)(1)(A)(iii). Pub. L. 106-386, Sec.
    1503(b)(1)(A), amended cl. (iii) generally. Prior to amendment, cl.
    (iii) read as follows: "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 section
    1151(b)(2)(A)(i) of this title, and who has resided in the United
    States with the alien's spouse may file a petition with the
    Attorney General under this subparagraph for classification of the
    alien (and any child of the alien if such a child has not been
    classified under clause (iv)) under such section if the alien
    demonstrates to the Attorney General that - 
        "(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 removal, in the opinion of
      the Attorney General, would result in extreme hardship to the
      alien or a child of the alien."
      Subsec. (a)(1)(A)(iv). Pub. L. 106-386, Sec. 1503(b)(2), amended
    cl. (iv) generally. Prior to amendment, cl. (iv) read as follows:
    "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 section 1151(b)(2)(A)(i)
    of this title, and who has resided in the United States with the
    citizen parent may file a petition with the Attorney General under
    this subparagraph for classification of the alien under such
    section if the alien demonstrates to the Attorney General that - 
        "(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 removal, in the opinion of
      the Attorney General, would result in extreme hardship to the
      alien."
      Subsec. (a)(1)(A)(v). Pub. L. 106-386, Sec. 1503(b)(3), added cl.
    (v).
      Subsec. (a)(1)(A)(vi). Pub. L. 106-386, Sec. 1507(a)(1), added
    cl. (vi).
      Subsec. (a)(1)(B)(ii). Pub. L. 106-386, Sec. 1503(c)(1), amended
    cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "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 section 1153(a)(2)(A) of this
    title, and who has resided in the United States with the alien's
    legal permanent resident spouse may file a petition with the
    Attorney General under this subparagraph for classification of the
    alien (and any child of the alien if such a child has not been
    classified under clause (iii)) under such section if the alien
    demonstrates to the Attorney General that the conditions described
    in subclauses (I) and (II) of subparagraph (A)(iii) are met with
    respect to the alien."
      Subsec. (a)(1)(B)(iii). Pub. L. 106-386, Sec. 1503(c)(2), amended
    cl. (iii) generally. Prior to amendment, cl. (iii) read as follows:
    "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 section 1153(a)(2)(A) of this
    title, and who has resided in the United States with the alien's
    permanent resident alien parent may file a petition with the
    Attorney General under this subparagraph for classification of the
    alien under such section if the alien demonstrates to the Attorney
    General that - 
        "(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 removal, in the opinion of
      the Attorney General, would result in extreme hardship to the
      alien."
      Subsec. (a)(1)(B)(iv). Pub. L. 106-386, Sec. 1503(c)(3), added
    cl. (iv).
      Subsec. (a)(1)(B)(v). Pub. L. 106-386, Sec. 1507(a)(2), added cl.
    (v).
      Subsec. (a)(1)(C) to (I). Pub. L. 106-386, Sec. 1503(d)(1), (2),
    added subpars. (C) and (D) and redesignated former subpars. (C) to
    (G) as (E) to (I), respectively. Former subpar. (H) redesignated
    (J).
      Subsec. (a)(1)(J). Pub. L. 106-386, Sec. 1503(d)(1), (3),
    redesignated subpar. (H) as (J) and inserted "or in making
    determinations under subparagraphs (C) and (D)," after
    "subparagraph (B),".
      Subsec. (h). Pub. L. 106-386, Sec. 1507(b), inserted at end
    "Remarriage of an alien whose petition was approved under
    subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or
    marriage of an alien described in clause (iv) or (vi) of subsection
    (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this
    section shall not be the basis for revocation of a petition
    approval under section 1155 of this title."
      Subsec. (j). Pub. L. 106-313 added subsec. (j).
      1996 - Subsec. (a)(1)(A)(iii)(II), (iv)(II), (B)(iii)(II). Pub.
    L. 104-208, Sec. 308(e)(1)(A), substituted "removal" for
    "deportation".
      Subsec. (e). Pub. L. 104-208, Sec. 308(f)(2)(A), substituted "be
    admitted" for "enter".
      Subsec. (i). Pub. L. 104-208, Sec. 624(b), added subsec. (i).
      1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 40701(a), in subpar.
    (A), designated first sentence as cl. (i) and second sentence as
    cl. (ii) and added cls. (iii) and (iv), in subpar. (B), designated
    existing provisions as cl. (i) and added cls. (ii) and (iii), and
    added subpar. (H).
      Subsec. (a)(1)(A). Pub. L. 103-416 in second sentence inserted
    "spouse" after "alien" and "of the alien (and the alien's
    children)" after "for classification".
      Subsec. (a)(2). Pub. L. 103-322, Sec. 40701(b)(1), in subpar.
    (A), substituted "for the classification of the spouse of an alien
    if the alien," for "filed by an alien who," in introductory
    provisions and in subpar. (B), substituted "for the classification
    of the spouse of an alien if the prior marriage of the alien" for
    "by an alien whose prior marriage".
      Subsec. (h). Pub. L. 103-322, Sec. 40701(c), added subsec. (h).
      1991 - Subsec. (a)(1)(A). Pub. L. 102-232, Sec. 302(e)(4)(A),
    inserted sentence at end authorizing filing of petitions by aliens
    described in second sentence of section 1151(b)(2)(A)(i) of this
    title.
      Subsec. (a)(1)(F). Pub. L. 102-232, Sec. 302(e)(4)(B),
    substituted "Attorney General" for "Secretary of State".
      Subsec. (a)(1)(G)(iii). Pub. L. 102-232, Sec. 302(e)(4)(C),
    struck out "or registration" after "petition".
      Subsec. (e). Pub. L. 102-232, Sec. 302(e)(5), substituted "as an
    immigrant" for "as a immigrant".
      Subsec. (f)(4)(A)(ii)(II). Pub. L. 102-232, Sec. 309(b)(5),
    substituted "the second and third sentences of such section" for
    "section 9847 of title 42".
      Subsec. (g). Pub. L. 102-232, Sec. 308(b), made technical
    correction to directory language of Pub. L. 101-649, Sec. 702(b).
    See 1990 Amendment note below.
      1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 162(b)(1), added
    par. (1) and struck out former par. (1) which read as follows: "Any
    citizen of the United States claiming that an alien is entitled to
    a preference status by reason of a relationship described in
    paragraph (1), (4), or (5) of section 1153(a) of this title, or to
    an immediate relative status under section 1151(b) of this title,
    or any alien lawfully admitted for permanent residence claiming
    that an alien is entitled to a preference status by reason of the
    relationship described in section 1153(a)(2) of this title, or any
    alien desiring to be classified as a preference immigrant under
    section 1153(a)(3) of this title (or any person on behalf of such
    an alien), or any person desiring and intending to employ within
    the United States an alien entitled to classification as a
    preference immigrant under section 1153(a)(6) of this title, may
    file a petition with the Attorney General for such classification.
    The petition shall be in such form as the Attorney General may by
    regulations prescribe and shall contain such information and be
    supported by such documentary evidence as the Attorney General may
    require. The petition shall be made under oath administered by any
    individual having authority to administer oaths, if executed in the
    United States, but, if executed outside the United States,
    administered by a consular officer or an immigration officer."
      Subsec. (b). Pub. L. 101-649, Sec. 162(b)(2), substituted
    reference to section 1153(b)(2) or 1153(b)(3) of this title for
    reference to section 1153(a)(3) or (6) of this title, and reference
    to preference under section 1153(a) or (b) of this title for
    reference to a preference status under section 1153(a) of this
    title.
      Subsec. (e). Pub. L. 101-649, Sec. 162(b)(3), substituted
    "immigrant under subsection (a), (b), or (c) of section 1153 of
    this title" for "preference immigrant under section 1153(a) of this
    title".
      Subsec. (f). Pub. L. 101-649, Sec. 162(b)(5), (6), redesignated
    subsec. (g) as (f) and struck out former subsec. (f) which related
    to applicability of provisions to qualified immigrants specified in
    section 1152(e) of this title.
      Subsec. (f)(1). Pub. L. 101-649, Sec. 162(b)(4), substituted
    reference to section 1153(a)(3) of this title for reference to
    section 1153(a)(4) of this title.
      Subsec. (g). Pub. L. 101-649, Sec. 702(b), as amended by Pub. L.
    102-232, Sec. 308(b), inserted "except as provided in section
    1255(e)(3) of this title," after "Notwithstanding subsection (a) of
    this section,".
      Pub. L. 101-649, Sec. 162(b)(6), redesignated subsec. (h) as (g).
    Former subsec. (g) redesignated as (f).
      Subsec. (h). Pub. L. 101-649, Sec. 162(b)(6), redesignated
    subsec. (h) as (g).
      1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(g)(1), substituted
    "an immediate relative" for "a nonquota".
      Subsec. (g)(3)(A). Pub. L. 100-525, Sec. 9(g)(2), substituted
    "(C)(ii) of paragraph (2)" for "(C)(i) of paragraph 2".
      1986 - Subsec. (a). Pub. L. 99-639, Sec. 2(c), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (c). Pub. L. 99-639, Sec. 4(a), inserted "(1)" after "if"
    and ", or has sought to be accorded," and added cl. (2).
      Subsec. (h). Pub. L. 99-639, Sec. 5(b), added subsec. (h).
      1982 - Subsec. (g). Pub. L. 97-359 added subsec. (g).
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(d), substituted "of a
    relationship described in paragraph" for "of the relationships
    described in paragraphs".
      Subsec. (d). Pub. L. 97-116, Sec. 3, redesignated subsec. (e) as
    (d). Former subsec. (d), directing that the Attorney General
    forward to the Congress a Statistical summary of petitions for
    immigrant status approved by him under section 1153(a)(3) or
    1153(a)(6) of this title and that the reports be submitted to
    Congress on the first and fifteenth day of each calendar month in
    which Congress was in session, was struck out.
      Subsecs. (e), (f). Pub. L. 97-116, Sec. 3, redesignated as
    subsec. (e) the subsec. (f) relating to subsequent finding of non-
    entitlement. See 1978 Amendment note below. Former subsec. (e)
    redesignated (d).
      1980 - Subsec. (d). Pub. L. 96-470 substituted provision
    requiring the Attorney General to forward to Congress a statistical
    summary of approved petitions for professional or occupational
    preferences for provision requiring the Attorney General to forward
    to Congress a report on each petition approved for professional or
    occupational preference stating the basis for his approval and the
    facts pertinent in establishing qualifications for preferential
    status.
      1978 - Subsec. (c). Pub. L. 95-417, Sec. 2, struck out "no more
    than two petitions may be approved for one petitioner on behalf of
    a child as defined in section 1101(b)(1)(E) or 1101(b)(1)(F) of
    this title unless necessary to prevent the separation of brothers
    and sisters and" after "subsection (b) of this section".
      Subsecs. (e), (f). Pub. L. 95-417, Sec. 3, added subsec. (e) and
    redesignated former subsec. (e), relating to subsequent finding of
    non-entitlement, as subsec. (f) without regard to existing subsec.
    (f), relating to provisions applicable to qualified immigrants,
    added by Pub. L. 94-571.
      1976 - Subsec. (f). Pub. L. 94-571 added subsec. (f).
      1965 - Subsec. (a). Pub. L. 89-236 substituted provisions
    spelling out the statutory grounds for filing a petition for
    preference status and prescribing the authority of the Attorney
    General to require documentary evidence in support and the form of
    the petition, for provisions prohibiting consular officers from
    granting preference status before being authorized to do so in
    cases of applications based on membership in the ministry of a
    religious denomination or high education, technical training, or
    specialized experience which would be substantially beneficial to
    the United States.
      Subsec. (b). Pub. L. 89-236 substituted provisions authorizing
    investigation of petitions by the Attorney General, consultation
    with the Secretary of Labor, and authorization to consular
    officers, for provisions specifying the form of application for
    preference status on the basis of membership in the ministry of a
    religious denomination or high education, technical training, or
    specialized experience which would be substantially beneficial to
    the United States and the circumstances making an application
    appropriate.
      Subsec. (c). Pub. L. 89-236 substituted provisions limiting the
    number of orphan petitions which may be approved for one petitioner
    and prohibiting approval of any petition of an alien whose prior
    marriage was determined by the Attorney General to have been
    entered into for the purpose of evading the immigration laws, for
    provisions which related to investigation of facts by the Attorney
    General and submission of reports to Congress covering the granting
    of preferential status.
      Subsec. (d). Pub. L. 89-236 substituted provisions requiring the
    Attorney General to submit reports to Congress on each approved
    petition for professional or occupational preference, for
    provisions prohibiting a statutory construction of the section
    which would entitle an immigrant to preferential classification if,
    upon arrival at the port of entry, he was found not to be entitled
    to such classification.
      Subsec. (e). Pub. L. 89-236 added subsec. (e).
      1962 - Subsec. (c). Pub. L. 87-885 provided for submission of
    reports to Congress.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
    applicable to certain beneficiary aliens, see section 8 of Pub. L.
    107-208, set out as a note under section 1151 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-279 effective upon entry into force for
    the United States of the Convention on Protection of Children and
    Co-operation in Respect of Intercountry Adoption, pursuant to
    Article 46(2)(a) of the Convention, with transition rule, see
    section 505(a)(2), (b) of Pub. L. 106-279, set out as an Effective
    Dates; Transition Rule note under section 14901 of Title 42, The
    Public Health and Welfare.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(1)(A), (f)(2)(A) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.
      Amendment by Pub. L. 103-322 effective Jan. 1, 1995, see section
    40701(d) of Pub. L. 103-322, set out as a note under section 1151
    of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by sections 302(e)(4), (5) and 308(b) of Pub. L. 102-
    232 effective as if included in the enactment of the Immigration
    Act of 1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-
    232, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 162(b) of Pub. L. 101-649 effective Nov. 29,
    1990, but only insofar as section 162(b) relates to visas for
    fiscal years beginning with fiscal year 1992, with general
    transition provisions, see section 161(b), (c) of Pub. L. 101-649,
    set out as a note under section 1101 of this title.
      Section 702(c) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending sections 1154 and 1255 of this
    title] shall apply to marriages entered into before, on, or after
    the date of the enactment of this Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 4(b) of Pub. L. 99-639 provided that: "The amendment made
    by subsection (a) [amending this section] shall apply to petitions
    filed on or after the date of the enactment of this Act [Nov. 10,
    1986]."
      Section 5(c) of Pub. L. 99-639 provided that: "The amendments
    made by this section [amending this section and section 1255 of
    this title] shall apply to marriages entered into on or after the
    date of the enactment of this Act [Nov. 10, 1986]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                            ALIEN SHEEPHERDERS                        
      Act Sept. 3, 1954, ch. 1254, Secs. 1-3, 68 Stat. 1145, provided
    for the importation of skilled alien sheepherders upon approval by
    the Attorney General, certification to the Secretary of State by
    the Attorney General of names and addresses of sheepherders whose
    applications for importation were approved, and issuance of not
    more than 385 special nonquota immigrant visas. Provisions of said
    act expired on Sept. 3, 1955, by terms of section 1 thereof.

-FOOTNOTE-
    (!1) So in original. Probably should be "(II)".

    (!2) So in original. Probably should be "child's".

    (!3) So in original. Probably should be followed by "to".

    (!4) So in original. Probably should be subsection "(a)(1)(D)".

-End-

-CITE-
    8 USC Sec. 1155                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1155. Revocation of approval of petitions; effective date

-STATUTE-
      The Secretary of Homeland Security may, at any time, for what he
    deems to be good and sufficient cause, revoke the approval of any
    petition approved by him under section 1154 of this title. Such
    revocation shall be effective as of the date of approval of any
    such petition.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 205, 66 Stat. 180;
    Pub. L. 86-363, Sec. 5(a), (b), Sept. 22, 1959, 73 Stat. 644, 645;
    Pub. L. 87-301, Secs. 3, 10, Sept. 26, 1961, 75 Stat. 650, 654;
    Pub. L. 89-236, Sec. 5, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104-
    208, div. C, title III, Sec. 308(g)(3)(A), Sept. 30, 1996, 110
    Stat. 3009-622; Pub. L. 108-458, title V, Sec. 5304(c), Dec. 17,
    2004, 118 Stat. 3736.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-458 substituted "Secretary of Homeland
    Security" for "Attorney General" and struck out at end "In no case,
    however, shall such revocation have effect unless there is mailed
    to the petitioner's last known address a notice of the revocation
    and unless notice of the revocation is communicated through the
    Secretary of State to the beneficiary of the petition before such
    beneficiary commences his journey to the United States. If notice
    of revocation is not so given, and the beneficiary applies for
    admission to the United States, his admissibility shall be
    determined in the manner provided for by sections 1225 and 1229a of
    this title."
      1996 - Pub. L. 104-208 substituted "1229a" for "1226".
      1965 - Pub. L. 89-236 struck out entire section which had set
    out, in subsecs. (a) to (d), the procedure for granting nonquota
    status or preference by reason of relationship and inserted in its
    place, with minor changes, provisions formerly contained in section
    1156 of this title authorizing the Attorney General to revoke his
    approval of petitions for good and sufficient cause.
      1961 - Subsec. (b). Pub. L. 87-301, Sec. 3(a), provided that no
    petition for quota immigration status or a preference shall be
    approved if the beneficiary is an alien defined in section
    1101(b)(1)(F) of this title, established requirements to be met by
    petitioners before a petition for nonquota immigrant status for a
    child as defined in section 1101(b)(1)(F) can be approved by the
    Attorney General, and authorized the administration of oaths by
    immigration officers when the petition is executed outside the
    United States.
      Subsec. (c). Pub. L. 87-301, Secs. 3(b), 10, substituted "section
    1101(b)(1)(E) or (F)" for "section 1101(b)(1)(E)", and provided
    that no petition shall be approved if the alien had previously been
    accorded a nonquota status under section 1101(a)(27)(A) of this
    title or a preference quota status under section 1153(a)(3) of this
    title, by reason of marriage entered into to evade the immigration
    laws.
      1959 - Subsec. (b). Pub. L. 86-363, Sec. 5(a), authorized filing
    of petitions by any United States citizen claiming that an
    immigrant is his unmarried son or unmarried daughter, by any alien
    lawfully admitted for permanent residence claiming that an
    immigrant is his unmarried son or unmarried daughter instead of
    child, or by any United States citizen claiming that an immigrant
    is his married son or married daughter instead of son or daughter,
    and prohibited approval of petition for quota immigrant status or
    preference of alien without proof of parent relationship of the
    petitioner to such alien.
      Subsec. (c). Pub. L. 86-363, Sec. 5(b), limited approval to two
    petitions for one petitioner in behalf of a child as defined in
    section 1101(b)(1)(E) of this title unless necessary to prevent
    separation of brothers and sisters.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-458, title V, Sec. 5304(d), Dec. 17, 2004, 118 Stat.
    3736, provided that: "The amendments made by this section [amending
    this section and sections 1201 and 1227 of this title] shall take
    effect on the date of enactment of this Act [Dec. 17, 2004] and
    shall apply to revocations under sections 205 and 221(i) of the
    Immigration and Nationality Act (8 U.S.C. 1155, 1201(i)) made
    before, on, or after such date."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-End-

-CITE-
    8 USC Sec. 1156                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1156. Unused immigrant visas

-STATUTE-
      If an immigrant having an immigrant visa is denied admission to
    the United States and removed, 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 206, 66 Stat. 181;
    Pub. L. 89-236, Sec. 6, Oct. 3, 1965, 79 Stat. 916; Pub. L. 104-
    208, div. C, title III, Sec. 308(d)(4)(D), Sept. 30, 1996, 110
    Stat. 3009-618.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "denied admission to the
    United States and removed" for "excluded from admission to the
    United States and deported".
      1965 - Pub. L. 89-236 substituted provisions allowing immigrant
    visas or preference immigrant visas to be issued to another
    qualified alien in lieu of immigrants excluded or deported,
    immigrants failing to apply for admission, or immigrants found not
    to be preference immigrants, for provisions relating to revocation
    of approval of petitions which, with minor amendments, were
    transferred to section 1155 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-End-

-CITE-
    8 USC Sec. 1157                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1157. Annual admission of refugees and admission of emergency
      situation refugees

-STATUTE-
    (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) A spouse or child (as defined in section 1101(b)(1)(A),
    (B), (C), (D), or (E) of this title) of any refugee who qualifies
    for admission under paragraph (1) shall, if not otherwise entitled
    to admission under paragraph (1) and if not a person described in
    the second sentence of section 1101(a)(42) of this title, be
    entitled to the same admission status as such refugee if
    accompanying, or following to join, such refugee and if the spouse
    or child is admissible (except as otherwise provided under
    paragraph (3)) as an immigrant under this chapter. Upon the
    spouse's or child's admission to the United States, such admission
    shall be charged against the numerical limitation established in
    accordance with the appropriate subsection under which the
    refugee's admission is charged.
      (B) An unmarried alien who seeks to accompany, or follow to join,
    a parent granted admission as a refugee under this subsection, and
    who was under 21 years of age on the date on which such parent
    applied for refugee status under this section, shall continue to be
    classified as a child for purposes of this paragraph, if the alien
    attained 21 years of age after such application was filed but while
    it was pending.
      (3) The provisions of paragraphs (4), (5), and (7)(A) of section
    1182(a) of this title shall not be applicable to any alien seeking
    admission to the United States under this subsection, and the
    Attorney General may waive any other provision of such section
    (other than paragraph (2)(C) or subparagraph (A), (B), (C), or (E)
    of paragraph (3)) with respect to such an alien for humanitarian
    purposes, to assure family unity, or when it is otherwise in the
    public interest. Any such waiver by the Attorney General shall be
    in writing and shall be granted only on an individual basis
    following an investigation. The Attorney General shall provide for
    the annual reporting to Congress of the number of waivers granted
    under this paragraph in the previous fiscal year and a summary of
    the reasons for granting such waivers.
      (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 section 1101(a)(42) of this title at
    the time of the alien's admission.
    (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.
    (f) Training
      (1) The Attorney General, in consultation with the Secretary of
    State, shall provide all United States officials adjudicating
    refugee cases under this section with the same training as that
    provided to officers adjudicating asylum cases under section 1158
    of this title.
      (2) Such training shall include country-specific conditions,
    instruction on the internationally recognized right to freedom of
    religion, instruction on methods of religious persecution practiced
    in foreign countries, and applicable distinctions within a country
    between the nature of and treatment of various religious practices
    and believers.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, as added Pub.
    L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 103;
    amended Pub. L. 100-525, Sec. 9(h), Oct. 24, 1988, 102 Stat. 2620;
    Pub. L. 101-649, title I, Sec. 104(b), title VI, Sec. 603(a)(4),
    Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102-232, title III,
    Sec. 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 104-208,
    div. C, title VI, Sec. 601(b), Sept. 30, 1996, 110 Stat. 3009-689;
    Pub. L. 105-292, title VI, Sec. 602(a), Oct. 27, 1998, 112 Stat.
    2812; Pub. L. 107-208, Sec. 5, Aug. 6, 2002, 116 Stat. 929; Pub. L.
    109-13, div. B, title I, Sec. 101(g)(2), May 11, 2005, 119 Stat.
    305.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1157, act June 27, 1952, ch. 477, title II, ch.
    1, Sec. 207, 66 Stat. 181, prohibited issuance of immigrant visas
    to other immigrants in lieu of immigrants excluded from admission,
    immigrants deported, immigrants failing to apply for admission to
    the United States, or immigrants found to be nonquota immigrants
    after having previously been found to be quota immigrants, prior to
    repeal by Pub. L. 89-236, Sec. 7, Oct. 3, 1965, 79 Stat. 916.

                                AMENDMENTS                            
      2005 - Subsec. (a)(5). Pub. L. 109-13 struck out par. (5) which
    read as follows: "For any fiscal year, not more than a total of
    1,000 refugees may be admitted under this subsection or granted
    asylum under section 1158 of this title pursuant to a determination
    under the third sentence of section 1101(a)(42) of this title
    (relating to persecution for resistance to coercive population
    control methods)."
      2002 - Subsec. (c)(2). Pub. L. 107-208 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1998 - Subsec. (f). Pub. L. 105-292 added subsec. (f).
      1996 - Subsec. (a)(5). Pub. L. 104-208 added par. (5).
      1991 - Subsec. (c)(3). Pub. L. 102-232 substituted "subparagraph
    (A)" for "subparagraphs (A)".
      1990 - Subsec. (a)(4). Pub. L. 101-649, Sec. 104(b), added par.
    (4).
      Subsec. (c)(3). Pub. L. 101-649, Sec. 603(a)(4), substituted
    "(4), (5), and (7)(A)" for "(14), (15), (20), (21), (25), and (32)"
    and "(other than paragraph (2)(C) or subparagraphs (A), (B), (C),
    or (E) of paragraph (3))" for "(other than paragraph (27), (29), or
    (33) and other than so much of paragraph (23) as relates to
    trafficking in narcotics)".
      1988 - Subsec. (c)(1). Pub. L. 100-525 substituted "otherwise"
    for "otherwide".

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 101(h)(5), May 11, 2005,
    119 Stat. 306, provided that: "The amendments made by subsection
    (g) [amending this section and section 1159 of this title] shall
    take effect on the date of the enactment of this division [May 11,
    2005]."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
    applicable to certain beneficiary aliens, see section 8 of Pub. L.
    107-208, set out as a note under section 1151 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(l) of Pub. L. 102-232 provided that the amendments
    made by that section [amending this section, sections 1159, 1161,
    1187, 1188, 1254a, 1255a, and 1322 of this title, and provisions
    set out as notes under sections 1101 and 1255 of this title] are
    effective as if included in section 603(a) of the Immigration Act
    of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 104(b) of Pub. L. 101-649 effective Nov. 29,
    1990, and (unless otherwise provided) applicable to fiscal year
    1991, see section 161(b) of Pub. L. 101-649, set out as a note
    under section 1101 of this title.
      Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

                              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 Pub. L. 96-212, set out
    as an Effective Date of 1980 Amendment note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

                          DELEGATION OF FUNCTIONS                      
      For delegation of Congressional reporting functions of President
    under subsec. (d) of this section, see section 1 of Ex. Ord. No.
    13313, July 31, 2003, 68 F.R. 46073, set out as a note under
    section 301 of Title 3, The President.

-MISC2-
                       BRING THEM HOME ALIVE PROGRAM                   
      Pub. L. 106-484, Nov. 9, 2000, 114 Stat. 2195, as amended by Pub.
    L. 107-258, Sec. 2, Oct. 29, 2002, 116 Stat. 1738, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Bring Them Home Alive Act of
    2000'.

      "SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
      "(a) Asylum for Eligible Aliens. - Notwithstanding any other
    provision of law, the Attorney General shall grant refugee status
    in the United States to any alien described in subsection (b), upon
    the application of that alien.
      "(b) Eligibility. - Refugee status shall be granted under
    subsection (a) to - 
        "(1) any alien who - 
          "(A) is a national of Vietnam, Cambodia, Laos, China, or any
        of the independent states of the former Soviet Union; and
          "(B) personally delivers into the custody of the United
        States Government a living American Vietnam War POW/MIA; and
        "(2) any parent, spouse, or child of an alien described in
      paragraph (1).
      "(c) Definitions. - In this section:
        "(1) American vietnam war pow/mia. - 
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'American Vietnam War POW/MIA' means an individual - 
            "(i) who is a member of a uniformed service (within the
          meaning of section 101(3) of title 37, United States Code) in
          a missing status (as defined in section 551(2) of such title
          and this subsection) as a result of the Vietnam War; or
            "(ii) who is an employee (as defined in section 5561(2) of
          title 5, United States Code) in a missing status (as defined
          in section 5561(5) of such title) as a result of the Vietnam
          War.
          "(B) Exclusion. - Such term does not include an individual
        with respect to whom it is officially determined under section
        552(c) of title 37, United States Code, that such individual is
        officially absent from such individual's post of duty without
        authority.
        "(2) Missing status. - The term 'missing status', with respect
      to the Vietnam War, means the status of an individual as a result
      of the Vietnam War if immediately before that status began the
      individual - 
          "(A) was performing service in Vietnam; or
          "(B) was performing service in Southeast Asia in direct
        support of military operations in Vietnam.
        "(3) Vietnam war. - The term 'Vietnam War' means the conflict
      in Southeast Asia during the period that began on February 28,
      1961, and ended on May 7, 1975.

      "SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
      "(a) Asylum for Eligible Aliens. - Notwithstanding any other
    provision of law, the Attorney General shall grant refugee status
    in the United States to any alien described in subsection (b), upon
    the application of that alien.
      "(b) Eligibility. - Refugee status shall be granted under
    subsection (a) to - 
        "(1) any alien - 
          "(A) who is a national of North Korea, China, or any of the
        independent states of the former Soviet Union; and
          "(B) who personally delivers into the custody of the United
        States Government a living American Korean War POW/MIA; and
        "(2) any parent, spouse, or child of an alien described in
      paragraph (1).
      "(c) Definitions. - In this section:
        "(1) American korean war pow/mia. - 
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'American Korean War POW/MIA' means an individual - 
            "(i) who is a member of a uniformed service (within the
          meaning of section 101(3) of title 37, United States Code) in
          a missing status (as defined in section 551(2) of such title
          and this subsection) as a result of the Korean War; or
            "(ii) who is an employee (as defined in section 5561(2) of
          title 5, United States Code) in a missing status (as defined
          in section 5561(5) of such title) as a result of the Korean
          War.
          "(B) Exclusion. - Such term does not include an individual
        with respect to whom it is officially determined under section
        552(c) of title 37, United States Code, that such individual is
        officially absent from such individual's post of duty without
        authority.
        "(2) Korean war. - The term 'Korean War' means the conflict on
      the Korean peninsula during the period that began on June 27,
      1950, and ended January 31, 1955.
        "(3) Missing status. - The term 'missing status', with respect
      to the Korean War, means the status of an individual as a result
      of the Korean War if immediately before that status began the
      individual - 
          "(A) was performing service in the Korean peninsula; or
          "(B) was performing service in Asia in direct support of
        military operations in the Korean peninsula.

      "SEC. 3A. AMERICAN PERSIAN GULF WAR POW/MIA ASYLUM PROGRAM.
      "(a) Asylum for Eligible Aliens. - Notwithstanding any other
    provision of law, the Attorney General shall grant refugee status
    in the United States to any alien described in subsection (b), upon
    the application of that alien.
      "(b) Eligibility. - 
        "(1) In general. - Except as provided in paragraph (2), an
      alien described in this subsection is - 
          "(A) any alien who - 
            "(i) is a national of Iraq or a nation of the Greater
          Middle East Region (as determined by the Attorney General in
          consultation with the Secretary of State); and
            "(ii) personally delivers into the custody of the United
          States Government a living American Persian Gulf War POW/MIA;
          and
          "(B) any parent, spouse, or child of an alien described in
        subparagraph (A).
        "(2) Exceptions. - An alien described in this subsection does
      not include a terrorist, a persecutor, a person who has been
      convicted of a serious criminal offense, or a person who presents
      a danger to the security of the United States, as set forth in
      clauses (i) through (v) of section 208(b)(2)(A) of the
      Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)).
      "(c) Definitions. - In this section:
        "(1) American persian gulf war pow/mia. - 
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'American Persian Gulf War POW/MIA' means an
        individual - 
            "(i) who is a member of a uniformed service (within the
          meaning of section 101(3) of title 37, United States Code) in
          a missing status (as defined in section 551(2) of such title
          and this subsection) as a result of the Persian Gulf War, or
          any successor conflict, operation, or action; or
            "(ii) who is an employee (as defined in section 5561(2) of
          title 5, United States Code) in a missing status (as defined
          in section 5561(5) of such title) as a result of the Persian
          Gulf War, or any successor conflict, operation, or action.
          "(B) Exclusion. - Such term does not include an individual
        with respect to whom it is officially determined under section
        552(c) of title 37, United States Code, that such individual is
        officially absent from such individual's post of duty without
        authority.
        "(2) Missing status. - The term 'missing status', with respect
      to the Persian Gulf War, or any successor conflict, operation, or
      action, means the status of an individual as a result of the
      Persian Gulf War, or such conflict, operation, or action, if
      immediately before that status began the individual - 
          "(A) was performing service in Kuwait, Iraq, or another
        nation of the Greater Middle East Region; or
          "(B) was performing service in the Greater Middle East Region
        in direct support of military operations in Kuwait or Iraq.
        "(3) Persian gulf war. - The term 'Persian Gulf War' means the
      period beginning on August 2, 1990, and ending on the date
      thereafter prescribed by Presidential proclamation or by law."

      "SEC. 4. BROADCASTING INFORMATION ON THE 'BRING THEM HOME ALIVE'
        PROGRAM.
      "(a) Requirement. - 
        "(1) In general. - The International Broadcasting Bureau shall
      broadcast, through WORLDNET Television and Film Service and
      Radio, VOA-TV, VOA Radio, or otherwise, information that promotes
      the 'Bring Them Home Alive' refugee program under this Act to
      foreign countries covered by paragraph (2).
        "(2) Covered countries. - The foreign countries covered by
      paragraph (1) are - 
          "(A) Vietnam, Cambodia, Laos, China, and North Korea;
          "(B) Russia and the other independent states of the former
        Soviet Union; and
          "(C) Iraq, Kuwait, or any other country of the Greater Middle
        East Region (as determined by the International Broadcasting
        Bureau in consultation with the Attorney General and the
        Secretary of State).
      "(b) Level of Programming. - The International Broadcasting
    Bureau shall broadcast - 
        "(1) at least 20 hours of the programming described in
      subsection (a)(1) during the 30-day period that begins 15 days
      after the date of enactment of this Act [Nov. 9, 2000]; and
        "(2) at least 10 hours of the programming described in
      subsection (a)(1) in each calendar quarter during the period
      beginning with the first calendar quarter that begins after the
      date of enactment of this Act and ending five years after the
      date of enactment of this Act.
      "(c) Availability of Information on the Internet. - The
    International Broadcasting Bureau shall ensure that information
    regarding the 'Bring Them Home Alive' refugee program under this
    Act is readily available on the World Wide Web sites of the Bureau.
      "(d) Sense of Congress. - It is the sense of Congress that
    RFE/RL, Incorporated, Radio Free Asia, and any other recipient of
    Federal grants that engages in international broadcasting to the
    countries covered by subsection (a)(2) should broadcast information
    similar to the information required to be broadcast by subsection
    (a)(1).
      "(e) Definition. - The term 'International Broadcasting Bureau'
    means the International Broadcasting Bureau of the United States
    Information Agency or, on and after the effective date of title
    XIII of the Foreign Affairs Reform and Restructuring Act of 1998
    (as contained in division G of Public Law 105-277) [see Effective
    Date note set out under section 6531 of Title 22, Foreign Relations
    and Intercourse], the International Broadcasting Bureau of the
    Broadcasting Board of Governors.

      "SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
      "In this Act, the term 'independent states of the former Soviet
    Union' has the meaning given the term in section 3 of the FREEDOM
    Support Act (22 U.S.C. 5801)."

                   GENDER-RELATED PERSECUTION TASK FORCE               
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
    254], Nov. 29, 1999, 113 Stat. 1536, 1501A-432, provided that:
      "(a) Establishment of Task Force. - The Secretary of State, in
    consultation with the Attorney General and other appropriate
    Federal agencies, shall establish a task force with the goal of
    determining eligibility guidelines for women seeking refugee status
    overseas due to gender-related persecution.
      "(b) Report. - Not later than 1 year after the date of the
    enactment of this Act [Nov. 29, 1999], the Secretary of State shall
    prepare and submit to the Congress a report outlining the
    guidelines determined by the task force under subsection (a)."

         ESTABLISHING CATEGORIES OF ALIENS FOR PURPOSES OF REFUGEE
                              DETERMINATIONS
      Pub. L. 101-167, title V, Sec. 599D, Nov. 21, 1989, 103 Stat.
    1261, as amended by Pub. L. 101-513, title V, Sec. 598(a), Nov. 5,
    1990, 104 Stat. 2063; Pub. L. 102-391, title V, Sec. 582(a)(1),
    (b)(1), (c), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102-511, title
    IX, Sec. 905(a), (b)(1), (c), Oct. 24, 1992, 106 Stat. 3356; Pub.
    L. 103-236, title V, Sec. 512(1), Apr. 30, 1994, 108 Stat. 466;
    Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    575(1)], Sept. 30, 1996, 110 Stat. 3009-121, 3009-168; Pub. L. 104-
    319, title I, Sec. 101(1), Oct. 19, 1996, 110 Stat. 3865; Pub. L.
    105-118, title V, Sec. 574(1), Nov. 26, 1997, 111 Stat. 2432; Pub.
    L. 105-277, div. A, Sec. 101(f) [title VII, Sec. 705(1)], Oct. 21,
    1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-113, div. B, Sec.
    1000(a)(4) [title II, Sec. 214(1)], Nov. 29, 1999, 113 Stat. 1535,
    1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II, Sec. 212(1)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-27; Pub. L. 107-116, title II,
    Sec. 213(1), Jan. 10, 2002, 115 Stat. 2200; Pub. L. 108-7, div. G,
    title II, Sec. 213(1), Feb. 20, 2003, 117 Stat. 324; Pub. L. 108-
    199, div. E, title II, Sec. 213(1), Jan. 23, 2004, 118 Stat. 253;
    Pub. L. 108-447, div. F, title II, Sec. 213(1), Dec. 8, 2004, 118
    Stat. 3139; Pub. L. 109-102, title V, Sec. 534(m)(1), Nov. 14,
    2005, 119 Stat. 2211, provided that:
      "(a) In General. - In the case of an alien who is within a
    category of aliens established under subsection (b), the alien may
    establish, for purposes of admission as a refugee under section 207
    of the Immigration and Nationality Act [8 U.S.C. 1157], that the
    alien has a well-founded fear of persecution on account of race,
    religion, nationality, membership in a particular social group, or
    political opinion by asserting such a fear and asserting a credible
    basis for concern about the possibility of such persecution.
      "(b) Establishment of Categories. - 
        "(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,[;]
          "(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; and
          "(C) one or more categories of aliens who are or were
        nationals and residents of the Islamic Republic or Iran who, as
        members of a religious minority in Iran, 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.
        "(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 [8 U.S.C. 1157(a)(3)] and
      within the number of such admissions allocated for each of fiscal
      years 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
      2003, 2004, 2005, and 2006 for refugees who are nationals of the
      independent states of the former Soviet Union, Estonia, Latvia,
      and Lithuania under such section, notwithstanding any other
      provision of law, the President shall allocate one thousand of
      such admissions for such fiscal year to refugees who are within
      the category of aliens described in paragraph (2)(B).
      "(c) Written Reasons for Denials of Refugee Status. - Each
    decision to deny an application for refugee status of an alien who
    is within a category established under this section shall be in
    writing and shall state, to the maximum extent feasible, the reason
    for the denial.
      "(d) Permitting Certain Aliens Within Categories to Reapply for
    Refugee Status. - Each alien who is within a category established
    under this section and who (after August 14, 1988, and before the
    date of the enactment of this Act [Nov. 21, 1989]) was denied
    refugee status shall be permitted to reapply for such status. Such
    an application shall be determined taking into account the
    application of this section.
      "(e) Period of Application. - 
        "(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, 2006.
        "(2) Subsection (c) shall apply to decisions made after the
      date of the enactment of this Act and before October 1, 2006.
        "(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, 2006."
      [Pub. L. 109-102, Sec. 534(m)(1)(A), which directed amendment of
    section 599D(b)(3) of Pub. L. 101-167, set out above, by
    substituting "2005, and 2006" for "and 2005", could not be
    executed.]
      [Pub. L. 108-447, Sec. 213(1)(A), which directed amendment of
    section 599D(b)(3) of Pub. L. 101-167, set out above, by
    substituting "1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005,
    and 2006" for "1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, and
    2005", was executed by making the substitution for "1997, 1998,
    1999, 2000, 2001, 2002, 2003, and 2004" to reflect the probable
    intent of Congress.]
      [Pub. L. 108-199, Sec. 213(1)(A), which directed amendment of
    section 599D(b)(3) of Pub. L. 101-167, set out above, by
    substituting "1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004"
    for "1997, 1998, 1999, 2000, 2001, 2002, and 2003", was executed by
    making the substitution for "1997, 1998, 1999, 2000, 2001, 2002 and
    2003" to reflect the probable intent of Congress.]
      [Pub. L. 108-7, Sec. 213(1)(A), which directed amendment of
    section 599D(b)(3) of Pub. L. 101-167, set out above, by
    substituting "1997, 1998, 1999, 2000, 2001, 2002 and 2003" for
    "1997, 1998, 1999, 2000, and 2001", was executed by making the
    substitution for "1997, 1998, 1999, 2000, 2001, and 2002" to
    reflect the probable intent of Congress.]
      [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 section 2651a of Title 22, Foreign Relations and
    Intercourse, and section 161(d) of Pub. L. 103-236, set out as a
    note under section 2651a of Title 22.]

                          EL SALVADORAN REFUGEES                      
      Pub. L. 97-113, title VII, Sec. 731, Dec. 29, 1981, 95 Stat.
    1557, provided that: "It is the sense of the Congress that the
    administration should continue to review, on a case-by-case basis,
    petitions for extended voluntary departure made by citizens of El
    Salvador who claim that they are subject to persecution in their
    homeland, and should take full account of the civil strife in El
    Salvador in making decisions on such petitions."

         TIME FOR DETERMINATIONS BY PRESIDENT FOR FISCAL YEAR 1980     
      Section 204(d)(1) of Pub. L. 96-212 provided that:
    "Notwithstanding section 207(a) of the Immigration and Nationality
    Act (as added by section 201(b) of this title [subsec. (a) of this
    section], the President may make the determination described in the
    first sentence of such section not later than forty-five days after
    the date of the enactment of this Act [Mar. 17, 1980] for fiscal
    year 1980."

     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. 2007-1, Oct. 11, 2006, 71 F.R.
    64435.
      Presidential Determination No. 2006-3, Oct. 24, 2005, 70 F.R.
    65825.
      Presidential Determination No. 2004-53, Sept. 30, 2004, 69 F.R.
    60943.
      Presidential Determination No. 2004-06, Oct. 21, 2003, 68 F.R.
    63979.
      Presidential Determination No. 03-02, Oct. 16, 2002, 67 F.R.
    65469.
      Presidential Determination No. 02-04, Nov. 21, 2001, 66 F.R.
    63487.
      Presidential Determination No. 2000-32, Sept. 29, 2000, 65 F.R.
    59697.
      Presidential Determination No. 99-45, Sept. 30, 1999, 64 F.R.
    54505.
      Presidential Determination No. 99-33, Aug. 12, 1999, 64 F.R.
    47341.
      Presidential Determination No. 98-39, Sept. 30, 1998, 63 F.R.
    55001.
      Presidential Determination No. 97-37, Sept. 30, 1997, 62 F.R.
    53219.
      Presidential Determination No. 96-59, Sept. 30, 1996, 61 F.R.
    56869.
      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.

-EXEC-
      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; Ex. Ord. No.
    13286, Sec. 49, Feb. 28, 2003, 68 F.R. 10628, 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 (P.L. 96-212; 8 U.S.C. 1101 note), the Immigration and
    Nationality Act, as amended (8 U.S.C. 1101 et seq.), and Section
    301 of Title 3 of the United States Code, it is hereby ordered as
    follows:
      1-101. Exclusive of the functions otherwise delegated, or
    reserved to the President, by this Order, there are hereby
    delegated to the Secretary of State and the Secretary of Homeland
    Security, 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 (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), (d), and (e)).
      1-102. There are reserved to the President the following
    functions under the Immigration and Nationality Act, as amended [8
    U.S.C. 1101 et seq.].
      (a) To specify special circumstances for purposes of qualifying
    persons as refugees under Section 101(a)(42)(B) [8 U.S.C.
    1101(a)(42)(B)].
      (b) To make determinations under Sections 207(a)(1), 207(a)(2),
    207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3) and (b)].
      (c) To fix the number of refugees to be admitted under Section
    207(b).
      1-103. 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.

-End-

-CITE-
    8 USC Sec. 1158                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1158. Asylum

-STATUTE-
    (a) Authority to apply for asylum
      (1) In general
        Any alien who is physically present in the United States or who
      arrives in the United States (whether or not at a designated port
      of arrival and including an alien who is brought to the United
      States after having been interdicted in international or United
      States waters), irrespective of such alien's status, may apply
      for asylum in accordance with this section or, where applicable,
      section 1225(b) of this title.
      (2) Exceptions
        (A) Safe third country
          Paragraph (1) shall not apply to an alien if the Attorney
        General determines that the alien may be removed, pursuant to a
        bilateral or multilateral agreement, to a country (other than
        the country of the alien's nationality or, in the case of an
        alien having no nationality, the country of the alien's last
        habitual residence) in which the alien's life or freedom would
        not be threatened on account of race, religion, nationality,
        membership in a particular social group, or political opinion,
        and where the alien would have access to a full and fair
        procedure for determining a claim to asylum or equivalent
        temporary protection, unless the Attorney General finds that it
        is in the public interest for the alien to receive asylum in
        the United States.
        (B) Time limit
          Subject to subparagraph (D), paragraph (1) shall not apply to
        an alien unless the alien demonstrates by clear and convincing
        evidence that the application has been filed within 1 year
        after the date of the alien's arrival in the United States.
        (C) Previous asylum applications
          Subject to subparagraph (D), paragraph (1) shall not apply to
        an alien if the alien has previously applied for asylum and had
        such application denied.
        (D) Changed circumstances
          An application for asylum of an alien may be considered,
        notwithstanding subparagraphs (B) and (C), if the alien
        demonstrates to the satisfaction of the Attorney General either
        the existence of changed circumstances which materially affect
        the applicant's eligibility for asylum or extraordinary
        circumstances relating to the delay in filing an application
        within the period specified in subparagraph (B).
      (3) Limitation on judicial review
        No court shall have jurisdiction to review any determination of
      the Attorney General under paragraph (2).
    (b) Conditions for granting asylum
      (1) In general
        (A) Eligibility
          The Secretary of Homeland Security or the Attorney General
        may grant asylum to an alien who has applied for asylum in
        accordance with the requirements and procedures established by
        the Secretary of Homeland Security or the Attorney General
        under this section if the Secretary of Homeland Security or the
        Attorney General determines that such alien is a refugee within
        the meaning of section 1101(a)(42)(A) of this title.
        (B) Burden of proof
          (i) In general
            The burden of proof is on the applicant to establish that
          the applicant is a refugee, within the meaning of section
          1101(a)(42)(A) of this title. To establish that the applicant
          is a refugee within the meaning of such section, the
          applicant must establish that race, religion, nationality,
          membership in a particular social group, or political opinion
          was or will be at least one central reason for persecuting
          the applicant.
          (ii) Sustaining burden
            The testimony of the applicant may be sufficient to sustain
          the applicant's burden without corroboration, but only if the
          applicant satisfies the trier of fact that the applicant's
          testimony is credible, is persuasive, and refers to specific
          facts sufficient to demonstrate that the applicant is a
          refugee. In determining whether the applicant has met the
          applicant's burden, the trier of fact may weigh the credible
          testimony along with other evidence of record. Where the
          trier of fact determines that the applicant should provide
          evidence that corroborates otherwise credible testimony, such
          evidence must be provided unless the applicant does not have
          the evidence and cannot reasonably obtain the evidence.
          (iii) Credibility determination
            Considering the totality of the circumstances, and all
          relevant factors, a trier of fact may base a credibility
          determination on the demeanor, candor, or responsiveness of
          the applicant or witness, the inherent plausibility of the
          applicant's or witness's account, the consistency between the
          applicant's or witness's written and oral statements
          (whenever made and whether or not under oath, and considering
          the circumstances under which the statements were made), the
          internal consistency of each such statement, the consistency
          of such statements with other evidence of record (including
          the reports of the Department of State on country
          conditions), and any inaccuracies or falsehoods in such
          statements, without regard to whether an inconsistency,
          inaccuracy, or falsehood goes to the heart of the applicant's
          claim, or any other relevant factor. There is no presumption
          of credibility, however, if no adverse credibility
          determination is explicitly made, the applicant or witness
          shall have a rebuttable presumption of credibility on appeal.
      (2) Exceptions
        (A) In general
          Paragraph (1) shall not apply to an alien if the Attorney
        General determines that - 
            (i) 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;
            (ii) the alien, having been convicted by a final judgment
          of a particularly serious crime, constitutes a danger to the
          community of the United States;
            (iii) there are serious reasons for believing that the
          alien has committed a serious nonpolitical crime outside the
          United States prior to the arrival of the alien in the United
          States;
            (iv) there are reasonable grounds for regarding the alien
          as a danger to the security of the United States;
            (v) the alien is described in subclause (I), (II), (III),
          (IV), or (VI) of section 1182(a)(3)(B)(i) of this title or
          section 1227(a)(4)(B) of this title (relating to terrorist
          activity), unless, in the case only of an alien described in
          subclause (IV) of section 1182(a)(3)(B)(i) of this title, the
          Attorney General determines, in the Attorney General's
          discretion, that there are not reasonable grounds for
          regarding the alien as a danger to the security of the United
          States; or
            (vi) the alien was firmly resettled in another country
          prior to arriving in the United States.
        (B) Special rules
          (i) Conviction of aggravated felony
            For purposes of clause (ii) of subparagraph (A), an alien
          who has been convicted of an aggravated felony shall be
          considered to have been convicted of a particularly serious
          crime.
          (ii) Offenses
            The Attorney General may designate by regulation offenses
          that will be considered to be a crime described in clause
          (ii) or (iii) of subparagraph (A).
        (C) Additional limitations
          The Attorney General may by regulation establish additional
        limitations and conditions, consistent with this section, under
        which an alien shall be ineligible for asylum under paragraph
        (1).
        (D) No judicial review
          There shall be no judicial review of a determination of the
        Attorney General under subparagraph (A)(v).
      (3) Treatment of spouse and children
        (A) In general
          A spouse or child (as defined in section 1101(b)(1)(A), (B),
        (C), (D), or (E) of this title) of an alien who is granted
        asylum under this subsection may, if not otherwise eligible for
        asylum under this section, be granted the same status as the
        alien if accompanying, or following to join, such alien.
        (B) Continued classification of certain aliens as children
          An unmarried alien who seeks to accompany, or follow to join,
        a parent granted asylum under this subsection, and who was
        under 21 years of age on the date on which such parent applied
        for asylum under this section, shall continue to be classified
        as a child for purposes of this paragraph and section
        1159(b)(3) of this title, if the alien attained 21 years of age
        after such application was filed but while it was pending.
    (c) Asylum status
      (1) In general
        In the case of an alien granted asylum under subsection (b) of
      this section, the Attorney General - 
          (A) shall not remove or return the alien to the alien's
        country of nationality or, in the case of a person having no
        nationality, the country of the alien's last habitual
        residence;
          (B) shall authorize the alien to engage in employment in the
        United States and provide the alien with appropriate
        endorsement of that authorization; and
          (C) may allow the alien to travel abroad with the prior
        consent of the Attorney General.
      (2) Termination of asylum
        Asylum granted under subsection (b) of this section does not
      convey a right to remain permanently in the United States, and
      may be terminated if the Attorney General determines that - 
          (A) the alien no longer meets the conditions described in
        subsection (b)(1) of this section owing to a fundamental change
        in circumstances;
          (B) the alien meets a condition described in subsection
        (b)(2) of this section;
          (C) the alien may be removed, pursuant to a bilateral or
        multilateral agreement, to a country (other than the country of
        the alien's nationality or, in the case of an alien having no
        nationality, the country of the alien's last habitual
        residence) in which the alien's life or freedom would not be
        threatened on account of race, religion, nationality,
        membership in a particular social group, or political opinion,
        and where the alien is eligible to receive asylum or equivalent
        temporary protection;
          (D) the alien has voluntarily availed himself or herself of
        the protection of the alien's country of nationality or, in the
        case of an alien having no nationality, the alien's country of
        last habitual residence, by returning to such country with
        permanent resident status or the reasonable possibility of
        obtaining such status with the same rights and obligations
        pertaining to other permanent residents of that country; or
          (E) the alien has acquired a new nationality and enjoys the
        protection of the country of his or her new nationality.
      (3) Removal when asylum is terminated
        An alien described in paragraph (2) is subject to any
      applicable grounds of inadmissibility or deportability under
      section (!1) 1182(a) and 1227(a) of this title, and the alien's
      removal or return shall be directed by the Attorney General in
      accordance with sections 1229a and 1231 of this title.

    (d) Asylum procedure
      (1) Applications
        The Attorney General shall establish a procedure for the
      consideration of asylum applications filed under subsection (a)
      of this section. The Attorney General may require applicants to
      submit fingerprints and a photograph at such time and in such
      manner to be determined by regulation by the Attorney General.
      (2) Employment
        An applicant for asylum is not entitled to employment
      authorization, but such authorization may be provided under
      regulation by the Attorney General. An applicant who is not
      otherwise eligible for employment authorization shall not be
      granted such authorization prior to 180 days after the date of
      filing of the application for asylum.
      (3) Fees
        The Attorney General may impose fees for the consideration of
      an application for asylum, for employment authorization under
      this section, and for adjustment of status under section 1159(b)
      of this title. Such fees shall not exceed the Attorney General's
      costs in adjudicating the applications. The Attorney General may
      provide for the assessment and payment of such fees over a period
      of time or by installments. Nothing in this paragraph shall be
      construed to require the Attorney General to charge fees for
      adjudication services provided to asylum applicants, or to limit
      the authority of the Attorney General to set adjudication and
      naturalization fees in accordance with section 1356(m) of this
      title.
      (4) Notice of privilege of counsel and consequences of frivolous
        application
        At the time of filing an application for asylum, the Attorney
      General shall - 
          (A) advise the alien of the privilege of being represented by
        counsel and of the consequences, under paragraph (6), of
        knowingly filing a frivolous application for asylum; and
          (B) provide the alien a list of persons (updated not less
        often than quarterly) who have indicated their availability to
        represent aliens in asylum proceedings on a pro bono basis.
      (5) Consideration of asylum applications
        (A) Procedures
          The procedure established under paragraph (1) shall provide
        that - 
            (i) asylum cannot be granted until the identity of the
          applicant has been checked against all appropriate records or
          databases maintained by the Attorney General and by the
          Secretary of State, including the Automated Visa Lookout
          System, to determine any grounds on which the alien may be
          inadmissible to or deportable from the United States, or
          ineligible to apply for or be granted asylum;
            (ii) in the absence of exceptional circumstances, the
          initial interview or hearing on the asylum application shall
          commence not later than 45 days after the date an application
          is filed;
            (iii) in the absence of exceptional circumstances, final
          administrative adjudication of the asylum application, not
          including administrative appeal, shall be completed within
          180 days after the date an application is filed;
            (iv) any administrative appeal shall be filed within 30
          days of a decision granting or denying asylum, or within 30
          days of the completion of removal proceedings before an
          immigration judge under section 1229a of this title,
          whichever is later; and
            (v) in the case of an applicant for asylum who fails
          without prior authorization or in the absence of exceptional
          circumstances to appear for an interview or hearing,
          including a hearing under section 1229a of this title, the
          application may be dismissed or the applicant may be
          otherwise sanctioned for such failure.
        (B) Additional regulatory conditions
          The Attorney General may provide by regulation for any other
        conditions or limitations on the consideration of an
        application for asylum not inconsistent with this chapter.
      (6) Frivolous applications
        If the Attorney General determines that an alien has knowingly
      made a frivolous application for asylum and the alien has
      received the notice under paragraph (4)(A), the alien shall be
      permanently ineligible for any benefits under this chapter,
      effective as of the date of a final determination on such
      application.
      (7) No private right of action
        Nothing in this subsection shall be construed to create any
      substantive or procedural right or benefit that is legally
      enforceable by any party against the United States or its
      agencies or officers or any other person.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 208, as added Pub.
    L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105;
    amended Pub. L. 101-649, title V, Sec. 515(a)(1), Nov. 29, 1990,
    104 Stat. 5053; Pub. L. 103-322, title XIII, Sec. 130005(b), Sept.
    13, 1994, 108 Stat. 2028; Pub. L. 104-132, title IV, Sec. 421(a),
    Apr. 24, 1996, 110 Stat. 1270; Pub. L. 104-208, div. C, title VI,
    Sec. 604(a), Sept. 30, 1996, 110 Stat. 3009-690; Pub. L. 107-56,
    title IV, Sec. 411(b)(2), Oct. 26, 2001, 115 Stat. 348; Pub. L. 107-
    208, Sec. 4, Aug. 6, 2002, 116 Stat. 928; Pub. L. 109-13, div. B,
    title I, Sec. 101(a), (b), May 11, 2005, 119 Stat. 302, 303.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1). Pub. L. 109-13, Sec. 101(a)(1), (2),
    designated existing provisions as subpar. (A), inserted subpar.
    heading, and substituted "The Secretary of Homeland Security or the
    Attorney General" for "The Attorney General" and "the Secretary of
    Homeland Security or the Attorney General" for "the Attorney
    General" in two places.
      Subsec. (b)(1)(B). Pub. L. 109-13, Sec. 101(a)(3), added subpar.
    (B)
      Subsec. (b)(2)(A)(v). Pub. L. 109-13, Sec. 101(b), substituted
    "described in" for "inadmissible under" in two places and struck
    out "removable under" before "section 1227(a)(4)(B)".
      2002 - Subsec. (b)(3). Pub. L. 107-208 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "A spouse or child (as defined in section 1101(b)(1)(A),
    (B), (C), (D), or (E) of this title) of an alien who is granted
    asylum under this subsection may, if not otherwise eligible for
    asylum under this section, be granted the same status as the alien
    if accompanying, or following to join, such alien."
      2001 - Subsec. (b)(2)(A)(v). Pub. L. 107-56 substituted "(III),
    (IV), or (VI)" for "(III), or (IV)".
      1996 - Pub. L. 104-208 substituted "Asylum" for "Asylum
    procedure" as section catchline and amended text generally,
    substituting subsecs. (a) to (d) for former subsecs. (a) to (e).
      Subsec. (a). Pub. L. 104-132, Sec. 421(a), inserted at end "The
    Attorney General may not grant an alien asylum if the Attorney
    General determines that the alien is excludable under subclause
    (I), (II), or (III) of section 1182(a)(3)(B)(i) of this title or
    deportable under section 1251(a)(4)(B) of this title, unless the
    Attorney General determines, in the discretion of the Attorney
    General, that there are not reasonable grounds for regarding the
    alien as a danger to the security of the United States."
      1994 - Subsec. (e). Pub. L. 103-322 added subsec. (e).
      1990 - Subsec. (d). Pub. L. 101-649 added subsec. (d).

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 101(h)(1), (2), May 11,
    2005, 119 Stat. 305, provided that:
      "(1) The amendments made by paragraphs (1) and (2) of subsection
    (a) [amending this section] shall take effect as if enacted on
    March 1, 2003.
      "(2) The amendments made by subsections (a)(3), (b), (c), and (d)
    [amending this section and sections 1229a and 1231 of this title]
    shall take effect on the date of the enactment of this division
    [May 11, 2005] and shall apply to applications for asylum,
    withholding, or other relief from removal made on or after such
    date."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-208 effective Aug. 6, 2002, and
    applicable to certain beneficiary aliens, see section 8 of Pub. L.
    107-208, set out as a note under section 1151 of this title.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and
    applicable to actions taken by an alien before, on, or after Oct.
    26, 2001, and to all aliens, regardless of date of entry or
    attempted entry into the United States, in removal proceedings on
    or after such date (except for proceedings in which there has been
    a final administrative decision before such date) or seeking
    admission to the United States on or after such date, with special
    rules and exceptions, see section 411(c) of Pub. L. 107-56, set out
    as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 604(c) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to applications for asylum filed on or after the first day of
    the first month beginning more than 180 days after the date of the
    enactment of this Act [Sept. 30, 1996].
      Section 421(b) of Pub. L. 104-132 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Apr. 24, 1996] and apply to
    asylum determinations made on or after such date."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 515(b) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 306(a)(13), Dec. 12, 1991, 105 Stat. 1752, provided
    that:
      "(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 section
    1253 of this title] shall apply to convictions entered before, on,
    or after the date of the enactment of this Act [Nov. 29, 1990] and
    to applications for withholding of deportation made on or after
    such date."

                              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 Pub. L. 96-212, set out as an Effective Date of 1980
    Amendment note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
             EXPEDITIOUS REMOVAL FOR DENIED ASYLUM APPLICANTS         
      Section 130005 of Pub. L. 103-322, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(e)(1)(P), (17), Sept. 30, 1996, 110
    Stat. 3009-620, 3009-621, provided:
      "(a) In General. - The Attorney General may provide for the
    expeditious adjudication of asylum claims and the expeditious
    removal of asylum applicants whose applications have been finally
    denied, unless the applicant remains in an otherwise valid
    nonimmigrant status.
      "(b) Employment Authorization. - [Amended this section.]
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section - 
        "(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 Pub. L. 96-212 provided that: "The Attorney
    General shall establish the asylum procedure referred to in section
    208(a) of the Immigration and Nationality Act (as added by section
    201(b) of this title) [former subsec. (a) of this section] not
    later than June 1, 1980."

-FOOTNOTE-
    (!1) So in original. Probably should be "sections".

-End-

-CITE-
    8 USC Sec. 1159                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1159. Adjustment of status of refugees

-STATUTE-
    (a) Inspection and examination by Department of Homeland Security
      (1) Any alien who has been admitted to the United States under
    section 1157 of this title - 
        (A) whose admission has not been terminated by the Secretary of
      Homeland Security or the Attorney General pursuant to such
      regulations as the Secretary of Homeland Security or 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 Department of Homeland Security for inspection and
    examination for admission to the United States as an immigrant in
    accordance with the provisions of sections 1225, 1229a, and 1231 of
    this title.
      (2) Any alien who is found upon inspection and examination by an
    immigration officer pursuant to paragraph (1) or after a hearing
    before an immigration judge 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) Requirements for adjustment
      The Secretary of Homeland Security or the Attorney General, in
    the Secretary's or the Attorney General's discretion and under such
    regulations as the Secretary or the Attorney General may prescribe,
    may adjust to the status of an alien lawfully admitted for
    permanent residence the status of any alien granted asylum who - 
        (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 section
      1101(a)(42)(A) of this title or a spouse or child of such a
      refugee,
        (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
    Secretary of Homeland Security or 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) Coordination with section 1182
      The provisions of paragraphs (4), (5), and (7)(A) of section
    1182(a) of this title shall not be applicable to any alien seeking
    adjustment of status under this section, and the Secretary of
    Homeland Security or the Attorney General may waive any other
    provision of such section (other than paragraph (2)(C) or
    subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect
    to such an alien for humanitarian purposes, to assure family unity,
    or when it is otherwise in the public interest.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 209, as added Pub.
    L. 96-212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 105;
    amended Pub. L. 101-649, title I, Sec. 104(a)(1), title VI, Sec.
    603(a)(4), Nov. 29, 1990, 104 Stat. 4985, 5082; Pub. L. 102-232,
    title III, Sec. 307(l)(1), Dec. 12, 1991, 105 Stat. 1756; Pub. L.
    104-208, div. C, title III, Secs. 308(g)(3)(A), (4)(A), 371(b)(2),
    Sept. 30, 1996, 110 Stat. 3009-622, 3009-645; Pub. L. 109-13, div.
    B, title I, Sec. 101(g)(1), May 11, 2005, 119 Stat. 305.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1). Pub. L. 109-13, Sec. 101(g)(1)(A)(i),
    substituted "Department of Homeland Security" for "Service" in
    concluding provisions.
      Subsec. (a)(1)(A). Pub. L. 109-13, Sec. 101(g)(1)(A)(ii),
    substituted "Secretary of Homeland Security or the Attorney
    General" for "Attorney General" in two places.
      Subsec. (b). Pub. L. 109-13, Sec. 101(g)(1)(B)(ii), substituted
    "Secretary of Homeland Security or the Attorney General" for
    "Attorney General" in concluding provisions.
      Pub. L. 109-13, Sec. 101(g)(1)(B)(i), added introductory
    provisions and struck out former introductory provisions which read
    as follows: "Not more than 10,000 of the refugee admissions
    authorized under section 1157(a) of this title in any fiscal year
    may be made available by the Attorney General, in the Attorney
    General's discretion and under such regulations as the Attorney
    General may prescribe, to adjust to the status of an alien lawfully
    admitted for permanent residence the status of any alien granted
    asylum who - ".
      Subsec. (c). Pub. L. 109-13, Sec. 101(g)(1)(C), substituted
    "Secretary of Homeland Security or the Attorney General" for
    "Attorney General".
      1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(3)(A),
    (4)(A), substituted "1229a" for "1226" and "1231" for "1227" in
    concluding provisions.
      Subsec. (a)(2). Pub. L. 104-208, Sec. 371(b)(2), substituted "an
    immigration judge" for "a special inquiry officer".
      1991 - Subsec. (c). Pub. L. 102-232 substituted "subparagraph
    (A)" for "subparagraphs (A)".
      1990 - Subsec. (b). Pub. L. 101-649, Sec. 104(a)(1), substituted
    "10,000" for "five thousand".
      Subsec. (c). Pub. L. 101-649, Sec. 603(a)(4), substituted "(4),
    (5), and (7)(A)" for "(14), (15), (20), (21), (25), and (32)" and
    "(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or
    (E) of paragraph (3))" for "(other than paragraph (27), (29), or
    (33) and other than so much of paragraph (23) as relates to
    trafficking in narcotics)".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(3)(A), (4)(A) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Amendment by section 371(b)(2) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 104(a)(2) of Pub. L. 101-649 provided that: "The
    amendment made by paragraph (1) [amending this section] shall apply
    to fiscal years beginning with fiscal year 1991 and the President
    is authorized, without the need for appropriate consultation, to
    increase the refugee determination previously made under section
    207 of the Immigration and Nationality Act [8 U.S.C. 1157] for
    fiscal year 1991 in order to make such amendment effective for such
    fiscal year."
      Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

                              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 Pub. L. 96-212, set out
    as an Effective Date of 1980 Amendment note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
        WAIVER OF NUMERICAL LIMITATION FOR CERTAIN CURRENT ASYLEES;
                   ADJUSTMENT OF CERTAIN FORMER ASYLEES
      Section 104(c), (d) of Pub. L. 101-649, as amended by Pub. L. 104-
    208, div. C, title VI, Sec. 604(b)(2), Sept. 30, 1996, 110 Stat.
    3009-694, provided that:
      "(c) Waiver of Numerical Limitation for Certain Current Asylees. -
     The numerical limitation on the number of aliens whose status may
    be adjusted under section 209(b) of the Immigration and Nationality
    Act [8 U.S.C. 1159(b)] shall not apply to an alien described in
    subsection (d) or to an alien who has applied for adjustment of
    status under such section on or before June 1, 1990.
      "(d) Adjustment of Certain Former Asylees. - 
        "(1) In general. - Subject to paragraph (2), the provisions of
      section 209(b) of the Immigration and Nationality Act [8 U.S.C.
      1159(b)] shall also apply to an alien - 
          "(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 of the Immigration
        and Nationality Act [8 U.S.C. 1158]),
          "(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) Application of per country limitations. - The number of
      aliens who are natives of any foreign state who may adjust status
      pursuant to paragraph (1) in any fiscal year shall not exceed the
      difference between the per country limitation established under
      section 202(a) of the Immigration and Nationality Act [8 U.S.C.
      1152(a)] and the number of aliens who are chargeable to that
      foreign state in the fiscal year under section 202 of such Act."
      [Section 104(c), (d) of Pub. L. 101-649 effective Nov. 29, 1990,
    and (unless otherwise provided) applicable to fiscal year 1991, see
    section 161(b) of Pub. L. 101-649, set out as an Effective Date of
    1990 Amendment note under section 1101 of this title.]

-End-

-CITE-
    8 USC Sec. 1160                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1160. Special agricultural workers

-STATUTE-
    (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
        section 1182(a)(6)(C)(i) of this title, or
          (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 section 1101(a)(20) of this title),
      other than under any provision of the immigration laws.
    (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 section 1159 or 1255 of this title, Public Law
        89-732 [8 U.S.C. 1255 note], or Public Law 95-145 [8 U.S.C.
        1255 note].
      (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, except as allowed by a court order issued pursuant to
      paragraph (6) of this subsection.
      (6) Confidentiality of information
        (A) In general
          Except as provided in this paragraph, neither the Attorney
        General, nor any other official or employee of the Department
        of Justice, or bureau or agency thereof, may - 
            (i) use the information furnished by the applicant pursuant
          to an application filed under this section for any purpose
          other than to make a determination on the application,
          including a determination under subsection (a)(3)(B) of this
          section, or for enforcement of paragraph (7);
            (ii) make any publication whereby the information furnished
          by any particular individual can be identified; or
            (iii) 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.
        (B) Required disclosures
          The Attorney General shall provide information furnished
        under this section, and any other information derived from such
        furnished information, to a duly recognized law enforcement
        entity in connection with a criminal investigation or
        prosecution, when such information is requested in writing by
        such entity, or to an official coroner for purposes of
        affirmatively identifying a deceased individual (whether or not
        such individual is deceased as a result of a crime).
        (C) Construction
          (i) In general
            Nothing in this paragraph shall be construed to limit the
          use, or release, for immigration enforcement purposes or law
          enforcement purposes of information contained in files or
          records of the Service pertaining to an application filed
          under this section, other than information furnished by an
          applicant pursuant to the application, or any other
          information derived from the application, that is not
          available from any other source.
          (ii) Criminal convictions
            Information concerning whether the applicant has at any
          time been convicted of a crime may be used or released for
          immigration enforcement or law enforcement purposes.
        (D) Crime
          Whoever knowingly uses, publishes, or permits information to
        be examined in violation of this paragraph shall be fined not
        more than $10,000.
      (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 section 1182(a)(6)(C)(i) of this title.
    (c) Waiver of numerical limitations and certain grounds for
      exclusion
      (1) Numerical limitations do not apply
        The numerical limitations of sections 1151 and 1152 of this
      title shall not apply to the adjustment of aliens to lawful
      permanent resident status under this section.
      (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 section
        1182(a) of this title shall not apply.
        (B) Waiver of other grounds
          (i) In general
            Except as provided in clause (ii), the Attorney General may
          waive any other provision of section 1182(a) of this title in
          the case of individual aliens for humanitarian purposes, to
          assure family unity, or when it is otherwise in the public
          interest.
          (ii) Grounds that may not be waived
            The following provisions of section 1182(a) of this title
          may not be waived by the Attorney General under clause (i):
              (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 section 1182(a)(4)
        of this title if the alien demonstrates a history of employment
        in the United States evidencing self-support without reliance
        on public cash assistance.
    (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
        section 1105a of this title (as in effect before October 1,
        1996).
        (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 assistance under a State program funded
    under part A of title IV of the Social Security Act [42 U.S.C. 601
    et seq.]. Notwithstanding the previous sentence, in the case of an
    alien who would be eligible for assistance under a State program
    funded under part A of title IV of the Social Security Act but for
    the previous sentence, the provisions of paragraph (3) of section
    1255a(h) of this title shall apply in the same manner as they apply
    with respect to paragraph (1) of such section and, for this
    purpose, any reference in section 1255a(h)(3) of this title to
    paragraph (1) is deemed a reference to the previous sentence.
    (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
    section 1101(a)(20) of this title).
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 1, Sec. 210, as added Pub.
    L. 99-603, title III, Sec. 302(a)(1), Nov. 6, 1986, 100 Stat. 3417;
    amended Pub. L. 100-202, Sec. 101(a) [title II, Sec. 211], Dec. 22,
    1987, 101 Stat. 1329, 1329-18; Pub. L. 100-525, Sec. 2(m), Oct. 24,
    1988, 102 Stat. 2613; Pub. L. 101-238, Sec. 4, Dec. 18, 1989, 103
    Stat. 2103; Pub. L. 101-649, title VI, Sec. 603(a)(5), Nov. 29,
    1990, 104 Stat. 5082; Pub. L. 102-232, title III, Secs. 307(j),
    309(b)(6), Dec. 12, 1991, 105 Stat. 1756, 1758; Pub. L. 103-416,
    title II, Sec. 219(d), (z)(7), Oct. 25, 1994, 108 Stat. 4316, 4318;
    Pub. L. 104-132, title IV, Sec. 431(b), Apr. 24, 1996, 110 Stat.
    1273; Pub. L. 104-193, title I, Sec. 110(s)(1), Aug. 22, 1996, 110
    Stat. 2175; Pub. L. 104-208, div. C, title III, Secs. 308(g)(2)(B),
    384(d)(1), title VI, Sec. 623(b), Sept. 30, 1996, 110 Stat. 3009-
    622, 3009-653, 3009-697.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Public Law 89-732, referred to in subsec. (b)(2)(B), is Pub. L.
    89-732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out
    as a note under section 1255 of this title.
      Public Law 95-145, referred to in subsec. (b)(2)(B), is Pub. L.
    95-145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub.
    L. 95-145 is set out as a note under section 1255 of this title.
    Title II of Pub. L. 95-145 amended Pub. L. 94-23, which was set out
    as a note under section 2601 of Title 22, Foreign Relations and
    Intercourse, and was repealed by Pub. L. 96-212, title III, Sec.
    312(c), Mar. 17, 1980, 94 Stat. 117.
      Section 1105a of this title, referred to in subsec. (e)(3)(A),
    was repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b),
    Sept. 30, 1996, 110 Stat. 3009-612.
      The Social Security Act, referred to in subsec. (f), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of
    the Social Security Act is classified generally to part A (Sec. 601
    et seq.) of subchapter IV of chapter 7 of Title 42, The Public
    Health and Welfare. For complete classification of this Act to the
    Code, see section 1305 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(5). Pub. L. 104-132, Sec. 431(b)(1), inserted
    before period at end ", except as allowed by a court order issued
    pursuant to paragraph (6) of this subsection".
      Subsec. (b)(6). Pub. L. 104-208, Sec. 623(b), amended par. (6)
    generally, substituting subpars. (A) to (D) for former subpars. (A)
    to (C) and introductory and concluding provisions, relating to
    confidentiality of information.
      Pub. L. 104-208, Sec. 384(d)(1), substituted "Anyone who uses,
    publishes, or permits information to be examined in violation of
    this paragraph shall be subject to appropriate disciplinary action
    and subject to a civil money penalty of not more than $5,000 for
    each violation." for "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." in concluding provisions.
      Pub. L. 104-132, Sec. 431(b)(2), inserted before "Anyone who
    uses" in concluding provisions "Notwithstanding the preceding
    sentence, the Attorney General may authorize an application to a
    Federal court of competent jurisdiction for, and a judge of such
    court may grant an order authorizing, disclosure of information
    contained in the application of the alien to be used for
    identification of the alien when there is reason to believe that
    the alien has been killed or severely incapacitated, or for
    criminal law enforcement purposes against the alien whose
    application is to be disclosed or to discover information leading
    to the location or identity of the alien."
      Subsec. (e)(3)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted
    "(as in effect before October 1, 1996)" after "section 1105a of
    this title".
      Subsec. (f). Pub. L. 104-193 substituted "assistance under a
    State program funded under" for "aid under a State plan approved
    under" in two places.
      1994 - Subsec. (d)(3). Pub. L. 103-416, Sec. 219(d), inserted
    "the" before first reference to "Service" in introductory
    provisions.
      Subsec. (d)(3)(B). Pub. L. 103-416, Sec. 219(z)(7), made
    technical correction to Pub. L. 102-232, Sec. 309(b)(6)(F). See
    1991 Amendment note below.
      1991 - Subsec. (b)(7)(B). Pub. L. 102-232, Sec. 307(j),
    substituted "section 1182(a)(6)(C)(i)" for "section 1182(a)(19)".
      Subsec. (d)(3). Pub. L. 102-232, Sec. 309(b)(6)(A)-(C), realigned
    margins of par. (3) and its subparagraphs, and in introductory
    provisions substituted "Service" for "the Immigration and
    Naturalization Service (INS)" and "Service" for "INS" in two
    places.
      Subsec. (d)(3)(A). Pub. L. 102-232, Sec. 309(b)(6)(D), (E),
    substituted "period described in" for "period as defined in" and
    "Service" for "INS", and made technical amendment to reference to
    this chapter involving corresponding provision of original act.
      Subsec. (d)(3)(B). Pub. L. 102-232, Sec. 309(b)(6)(F), as amended
    by Pub. L. 103-416, Sec. 219(z)(7), substituted "described in
    subsection (a)(1)(A)" for "as defined in subsection (a)(B)(1)(B)".
      Pub. L. 102-232, Sec. 309(b)(6)(G), made technical amendment to
    reference to subsection (b)(1)(A) of this section involving
    corresponding provision of original act.
      1990 - Subsec. (a)(3)(B)(i). Pub. L. 101-649, Sec. 603(a)(5)(A),
    substituted "1182(a)(6)(C)(i)" for "1182(a)(19)".
      Subsec. (c)(2)(A). Pub. L. 101-649, Sec. 603(a)(5)(B),
    substituted "(5) and (7)(A)" for "(14), (20), (21), (25), and
    (32)".
      Subsec. (c)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(5)(C),
    substituted "Paragraphs (2)(A) and (2)(B)" for "Paragraph (9) and
    (10)".
      Subsec. (c)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(5)(D),
    substituted "(4)" for "(15)".
      Subsec. (c)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(5)(E),
    substituted "(2)(C)" for "(23)".
      Subsec. (c)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(5)(F),
    substituted "Paragraph (3) (relating to security and related
    grounds), other than subparagraph (E) thereof" for "Paragraphs
    (27), (28), and (29) (relating to national security and members of
    certain organizations)".
      Subsec. (c)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(5)(G),
    struck out subcl. (V) which referred to par. (33).
      Subsec. (c)(2)(C). Pub. L. 101-649, Sec. 603(a)(5)(H),
    substituted "1182(a)(4)" for "1182(a)(15)".
      1989 - Subsec. (a)(3). Pub. L. 101-238, Sec. 4(a), designated
    existing provisions as subpar. (A) and added subpar. (B).
      Subsec. (b)(6)(A). Pub. L. 101-238, Sec. 4(b), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "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
    (7),".
      1988 - Subsec. (g). Pub. L. 100-525 substituted "subsections
    (a)(5) and (f)" for "subsections (b)(3) and (f)".
      1987 - Subsec. (d)(3). Pub. L. 100-202 added par. (3).

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by section 308(g)(2)(B) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Section 384(d)(2) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by this subsection [amending this section and
    section 1255a of this title] shall apply to offenses occurring on
    or after the date of the enactment of this Act [Sept. 30, 1996]."
      Amendment by Pub. L. 104-193 effective July 1, 1997, with
    transition rules relating to State options to accelerate such date,
    rules relating to claims, actions, and proceedings commenced before
    such date, rules relating to closing out of accounts for terminated
    or substantially modified programs and continuance in office of
    Assistant Secretary for Family Support, and provisions relating to
    termination of entitlement under AFDC program, see section 116 of
    Pub. L. 104-193, as amended, set out as an Effective Date note
    under section 601 of Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(7) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.
      Amendment by section 219(d) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(j) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section
    603(a)(5) of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to applications for
    adjustment of status made on or after June 1, 1991, see section
    601(e)(2) of Pub. L. 101-649, set out as a note under section 1101
    of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                    COMMISSION ON AGRICULTURAL WORKERS                
      Section 304 of Pub. L. 99-603, as amended by Pub. L. 101-649,
    title VII, Sec. 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L. 102-
    232, title III, Sec. 308(c), Dec. 12, 1991, 105 Stat. 1757,
    established Commission on Agricultural Workers to evaluate special
    agricultural worker provisions and labor markets in agricultural
    industry, required Commission to report to Congress not later than
    six years after Nov. 6, 1986, on its reviews, and provided that
    Commission terminate at the end of the 75-month period beginning
    with the month after November 1986.

-End-

-CITE-
    8 USC Sec. 1161                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part I - Selection System

-HEAD-
    Sec. 1161. Repealed.

-MISC1-
    Sec. 1161. Repealed. Pub. L. 103-416, title II, Sec. 219(ee)(1),
      Oct. 25, 1994, 108 Stat. 4319.
      Section, act June 27, 1952, ch. 477, title II, ch. 1, Sec. 210A,
    as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 303(a), 100
    Stat. 3422; amended Oct. 24, 1988, Pub. L. 100-525, Sec. 2(n)(1),
    102 Stat. 2613; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec.
    603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12, 1991, Pub. L. 102-
    232, title III, Sec. 307(l)(2), 105 Stat. 1756, related to
    determination of agricultural labor shortages and admission of
    additional special agricultural workers.

                         EFFECTIVE DATE OF REPEAL                     
      Section 219(ee)(3) of Pub. L. 103-416, as added by Pub. L. 104-
    208, div. C, title VI, Sec. 671(b)(10), Sept. 30, 1996, 110 Stat.
    3009-722, provided that: "The amendments made by this subsection
    [repealing this section] shall take effect on the date of the
    enactment of this Act [Oct. 25, 1994]."

-End-

-CITE-
    8 USC Part II - Admission Qualifications for Aliens;
                     Travel Control of Citizens and
                     Aliens                                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
     PART II - ADMISSION QUALIFICATIONS FOR ALIENS; TRAVEL CONTROL OF
                            CITIZENS AND ALIENS

-End-

-CITE-
    8 USC Sec. 1181                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1181. Admission of immigrants into the United States

-STATUTE-
    (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 section 1182(a)(7)(A) of this
    title in such cases or in such classes of cases and under such
    conditions as may be by regulations prescribed, returning resident
    immigrants, defined in section 1101(a)(27)(A) of this title, who
    are otherwise admissible may be readmitted to the United States by
    the Attorney General in his discretion without being required to
    obtain a passport, immigrant visa, reentry permit or other
    documentation.
    (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 section 1157 of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 211, 66 Stat. 181;
    Pub. L. 89-236, Sec. 9, Oct. 3, 1965, 79 Stat. 917; Pub. L. 94-571,
    Sec. 7(c), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212, title II,
    Sec. 202, Mar. 17, 1980, 94 Stat. 106; Pub. L. 101-649, title VI,
    Sec. 603(a)(7), Nov. 29, 1990, 104 Stat. 5083.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-649 substituted "1182(a)(7)(A)"
    for "1182(a)(20)".
      1980 - Subsec. (a). Pub. L. 96-212, Sec. 202(1), inserted
    reference to subsection (c) of this section.
      Subsec. (c). Pub. L. 96-212, Sec. 202(2), added subsec. (c).
      1976 - Subsec. (b). Pub. L. 94-571 substituted reference to
    section 1101 "(a)(27)(A)" of this title for "(a)(27)(B)".
      1965 - Subsec. (a). Pub. L. 89-236 restated requirement of an
    unexpired visa and passport for every immigrant arriving in United
    States to conform to the changes with respect to the classification
    of immigrant visas.
      Subsec. (b). Pub. L. 89-236 substituted "returning resident
    immigrants, defined in section 1101(a)(27)(B) of this title, who
    are otherwise admissible", for "otherwise admissible aliens
    lawfully admitted for permanent residence who depart from the
    United States temporarily".
      Subsec. (c). Pub. L. 89-236 repealed subsec. (c) which gave
    Attorney General discretionary authority to admit aliens who arrive
    in United States with defective visas under specified conditions.
      Subsec. (d). Pub. L. 89-236 repealed subsec. (d) which imposed
    restrictions on exercise of Attorney General's discretion to admit
    aliens arriving with defective visas.
      Subsec. (e). Pub. L. 89-236 repealed subsec. (e) which required
    every alien making application for admission as an immigrant to
    present the documents required under regulations issued by Attorney
    General.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-212 effective Mar. 17, 1980, and
    applicable to fiscal years beginning with the fiscal year beginning
    Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1182                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1182. Inadmissible aliens

-STATUTE-
    (a) Classes of aliens ineligible for visas or admission
      Except as otherwise provided in this chapter, aliens who are
    inadmissible under the following paragraphs are ineligible to
    receive visas and ineligible to be admitted to 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) except as provided in subparagraph (C), who seeks
          admission as an immigrant, or who seeks adjustment of status
          to the status of an alien lawfully admitted for permanent
          residence, and who has failed to present documentation of
          having received vaccination against vaccine-preventable
          diseases, which shall include at least the following
          diseases: mumps, measles, rubella, polio, tetanus and
          diphtheria toxoids, pertussis, influenza type B and hepatitis
          B, and any other vaccinations against vaccine-preventable
          diseases recommended by the Advisory Committee for
          Immunization Practices,
            (iii) 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

            (iv) who is determined (in accordance with regulations
          prescribed by the Secretary of Health and Human Services) to
          be a drug abuser or addict,

        is inadmissible.
        (B) Waiver authorized
          For provision authorizing waiver of certain clauses of
        subparagraph (A), see subsection (g) of this section.
        (C) Exception from immunization requirement for adopted
          children 10 years of age or younger
          Clause (ii) of subparagraph (A) shall not apply to a child
        who - 
            (i) is 10 years of age or younger,
            (ii) is described in section 1101(b)(1)(F) of this title,
          and
            (iii) is seeking an immigrant visa as an immediate relative
          under section 1151(b) of this title,

        if, prior to the admission of the child, an adoptive parent or
        prospective adoptive parent of the child, who has sponsored the
        child for admission as an immediate relative, has executed an
        affidavit stating that the parent is aware of the provisions of
        subparagraph (A)(ii) and will ensure that, within 30 days of
        the child's admission, or at the earliest time that is
        medically appropriate, the child will receive the vaccinations
        identified in such subparagraph.
      (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 section 802 of title 21),

          is inadmissible.
          (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 were 5 years or more is inadmissible.
        (C) Controlled substance traffickers
          Any alien who the consular officer or the Attorney General
        knows or has reason to believe - 
            (i) is or has been an illicit trafficker in any controlled
          substance or in any listed chemical (as defined in section
          802 of title 21), or is or has been a knowing aider, abettor,
          assister, conspirator, or colluder with others in the illicit
          trafficking in any such controlled or listed substance or
          chemical, or endeavored to do so; or
            (ii) is the spouse, son, or daughter of an alien
          inadmissible under clause (i), has, within the previous 5
          years, obtained any financial or other benefit from the
          illicit activity of that alien, and knew or reasonably should
          have known that the financial or other benefit was the
          product of such illicit activity,

        is inadmissible.
        (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, admission, 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, admission, 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 inadmissible.
        (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 section 1101(h) of
          this title),
            (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 inadmissible.
        (F) Waiver authorized
          For provision authorizing waiver of certain subparagraphs of
        this paragraph, see subsection (h) of this section.
        (G) Foreign government officials who have committed
          particularly severe violations of religious freedom
          Any alien who, while serving as a foreign government
        official, was responsible for or directly carried out, at any
        time, particularly severe violations of religious freedom, as
        defined in section 6402 of title 22, is inadmissible.
        (H) Significant traffickers in persons
          (i) In general
            Any alien who is listed in a report submitted pursuant to
          section 7108(b) of title 22, or who the consular officer or
          the Attorney General knows or has reason to believe is or has
          been a knowing aider, abettor, assister, conspirator, or
          colluder with such a trafficker in severe forms of
          trafficking in persons, as defined in the section 7102 of
          title 22, is inadmissible.
          (ii) Beneficiaries of trafficking
            Except as provided in clause (iii), any alien who the
          consular officer or the Attorney General knows or has reason
          to believe is the spouse, son, or daughter of an alien
          inadmissible under clause (i), has, within the previous 5
          years, obtained any financial or other benefit from the
          illicit activity of that alien, and knew or reasonably should
          have known that the financial or other benefit was the
          product of such illicit activity, is inadmissible.
          (iii) Exception for certain sons and daughters
            Clause (ii) shall not apply to a son or daughter who was a
          child at the time he or she received the benefit described in
          such clause.
        (I) Money laundering
          Any alien - 
            (i) who a consular officer or the Attorney General knows,
          or has reason to believe, has engaged, is engaging, or seeks
          to enter the United States to engage, in an offense which is
          described in section 1956 or 1957 of title 18 (relating to
          laundering of monetary instruments); or
            (ii) who a consular officer or the Attorney General knows
          is, or has been, a knowing aider, abettor, assister,
          conspirator, or colluder with others in an offense which is
          described in such section;

        is inadmissible.
      (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 inadmissible.
        (B) Terrorist activities
          (i) In general
            Any alien who - 
              (I) has engaged in a terrorist activity;
              (II) a consular officer, the Attorney General, or the
            Secretary of Homeland Security knows, or has reasonable
            ground to believe, is engaged in or is likely to engage
            after entry in any terrorist activity (as defined in clause
            (iv));
              (III) has, under circumstances indicating an intention to
            cause death or serious bodily harm, incited terrorist
            activity;
              (IV) is a representative (as defined in clause (v)) of - 
                (aa) a terrorist organization (as defined in clause
              (vi)); or
                (bb) a political, social, or other group that endorses
              or espouses terrorist activity;

              (V) is a member of a terrorist organization described in
            subclause (I) or (II) of clause (vi);
              (VI) is a member of a terrorist organization described in
            clause (vi)(III), unless the alien can demonstrate by clear
            and convincing evidence that the alien did not know, and
            should not reasonably have known, that the organization was
            a terrorist organization;
              (VII) endorses or espouses terrorist activity or
            persuades others to endorse or espouse terrorist activity
            or support a terrorist organization;
              (VIII) has received military-type training (as defined in
            section 2339D(c)(1) of title 18) from or on behalf of any
            organization that, at the time the training was received,
            was a terrorist organization (as defined in clause (vi));
            or
              (IX) is the spouse or child of an alien who is
            inadmissible under this subparagraph, if the activity
            causing the alien to be found inadmissible occurred within
            the last 5 years,

          is inadmissible. 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) Exception
            Subclause (VII) of clause (i) does not apply to a spouse or
          child - 
              (I) who did not know or should not reasonably have known
            of the activity causing the alien to be found inadmissible
            under this section; or
              (II) whom the consular officer or Attorney General has
            reasonable grounds to believe has renounced the activity
            causing the alien to be found inadmissible under this
            section.
          (iii) "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 it had been
          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 section 1116(b)(4) of title 18) or
            upon the liberty of such a person.
              (IV) An assassination.
              (V) The use of any - 
                (a) biological agent, chemical agent, or nuclear weapon
              or device, or
                (b) explosive, firearm, or other weapon or dangerous
              device (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.
          (iv) "Engage in terrorist activity" defined
            As used in this chapter, the term "engage in terrorist
          activity" means, in an individual capacity or as a member of
          an organization - 
              (I) to commit or to incite to commit, under circumstances
            indicating an intention to cause death or serious bodily
            injury, a terrorist activity;
              (II) to prepare or plan a terrorist activity;
              (III) to gather information on potential targets for
            terrorist activity;
              (IV) to solicit funds or other things of value for - 
                (aa) a terrorist activity;
                (bb) a terrorist organization described in clause
              (vi)(I) or (vi)(II); or
                (cc) a terrorist organization described in clause
              (vi)(III), unless the solicitor can demonstrate by clear
              and convincing evidence that he did not know, and should
              not reasonably have known, that the organization was a
              terrorist organization;

              (V) to solicit any individual - 
                (aa) to engage in conduct otherwise described in this
              subsection;
                (bb) for membership in a terrorist organization
              described in clause (vi)(I) or (vi)(II); or
                (cc) for membership in a terrorist organization
              described in clause (vi)(III) unless the solicitor can
              demonstrate by clear and convincing evidence that he did
              not know, and should not reasonably have known, that the
              organization was a terrorist organization; or

              (VI) to commit an act that the actor knows, or reasonably
            should know, affords material support, including a safe
            house, transportation, communications, funds, transfer of
            funds or other material financial benefit, false
            documentation or identification, weapons (including
            chemical, biological, or radiological weapons), explosives,
            or training - 
                (aa) for the commission of a terrorist activity;
                (bb) to any individual who the actor knows, or
              reasonably should know, has committed or plans to commit
              a terrorist activity;
                (cc) to a terrorist organization described in subclause
              (I) or (II) of clause (vi) or to any member of such an
              organization; or
                (dd) to a terrorist organization described in clause
              (vi)(III), or to any member of such an organization,
              unless the actor can demonstrate by clear and convincing
              evidence that the actor did not know, and should not
              reasonably have known, that the organization was a
              terrorist organization.
          (v) "Representative" defined
            As used in this paragraph, the term "representative"
          includes an officer, official, or spokesman of an
          organization, and any person who directs, counsels, commands,
          or induces an organization or its members to engage in
          terrorist activity.
          (vi) "Terrorist organization" defined
            As used in this section, the term "terrorist organization"
          means an organization - 
              (I) designated under section 1189 of this title;
              (II) otherwise designated, upon publication in the
            Federal Register, by the Secretary of State in consultation
            with or upon the request of the Attorney General or the
            Secretary of Homeland Security, as a terrorist
            organization, after finding that the organization engages
            in the activities described in subclauses (I) through (VI)
            of clause (iv); or
              (III) that is a group of two or more individuals, whether
            organized or not, which engages in, or has a subgroup which
            engages in, the activities described in subclauses (I)
            through (VI) of clause (iv).
        (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 inadmissible.
          (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
          inadmissible.
          (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 persecution, genocide, or the
          commission of any act of torture or extrajudicial killing
          (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 inadmissible.
          (ii) Participation in genocide
            Any alien who ordered, incited, assisted, or otherwise
          participated in conduct outside the United States that would,
          if committed in the United States or by a United States
          national, be genocide, as defined in section 1091(a) of title
          18, is inadmissible.
          (iii) Commission of acts of torture or extrajudicial killings
            Any alien who, outside the United States, has committed,
          ordered, incited, assisted, or otherwise participated in the
          commission of - 
              (I) any act of torture, as defined in section 2340 of
            title 18; or
              (II) under color of law of any foreign nation, any
            extrajudicial killing, as defined in section 3(a) of the
            Torture Victim Protection Act of 1991 (28 U.S.C. 1350
            note),

          is inadmissible.
        (F) Association with terrorist organizations
          Any alien who the Secretary of State, after consultation with
        the Attorney General, or the Attorney General, after
        consultation with the Secretary of State, determines has been
        associated with a terrorist organization and intends while in
        the United States to engage solely, principally, or
        incidentally in activities that could endanger the welfare,
        safety, or security of the United States is inadmissible.
      (4) Public charge
        (A) In general
          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 inadmissible.
        (B) Factors to be taken into account
          (i) In determining whether an alien is inadmissible under
        this paragraph, the consular officer or the Attorney General
        shall at a minimum consider the alien's - 
            (I) age;
            (II) health;
            (III) family status;
            (IV) assets, resources, and financial status; and
            (V) education and skills.

          (ii) In addition to the factors under clause (i), the
        consular officer or the Attorney General may also consider any
        affidavit of support under section 1183a of this title for
        purposes of exclusion under this paragraph.
        (C) Family-sponsored immigrants
          Any alien who seeks admission or adjustment of status under a
        visa number issued under section 1151(b)(2) or 1153(a) of this
        title is inadmissible under this paragraph unless - 
            (i) the alien has obtained - 
              (I) status as a spouse or a child of a United States
            citizen pursuant to clause (ii), (iii), or (iv) of section
            1154(a)(1)(A) of this title;
              (II) classification pursuant to clause (ii) or (iii) of
            section 1154(a)(1)(B) of this title; or
              (III) classification or status as a VAWA self-petitioner;
            or

            (ii) the person petitioning for the alien's admission (and
          any additional sponsor required under section 1183a(f) of
          this title or any alternative sponsor permitted under
          paragraph (5)(B) of such section) has executed an affidavit
          of support described in section 1183a of this title with
          respect to such alien.
        (D) Certain employment-based immigrants
          Any alien who seeks admission or adjustment of status under a
        visa number issued under section 1153(b) of this title by
        virtue of a classification petition filed by a relative of the
        alien (or by an entity in which such relative has a significant
        ownership interest) is inadmissible under this paragraph unless
        such relative has executed an affidavit of support described in
        section 1183a of this title with respect to such alien.
      (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
          inadmissible, 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.
          (iii) Professional athletes
            (I) In general
              A certification made under clause (i) with respect to a
            professional athlete shall remain valid with respect to the
            athlete after the athlete changes employer, if the new
            employer is a team in the same sport as the team which
            employed the athlete when the athlete first applied for the
            certification.
            (II) "Professional athlete" defined
              For purposes of subclause (I), the term "professional
            athlete" means an individual who is employed as an athlete
            by - 
                (aa) a team that is a member of an association of 6 or
              more professional sports teams whose total combined
              revenues exceed $10,000,000 per year, if the association
              governs the conduct of its members and regulates the
              contests and exhibitions in which its member teams
              regularly engage; or
                (bb) any minor league team that is affiliated with such
              an association.
          (iv) Long delayed adjustment applicants
            A certification made under clause (i) with respect to an
          individual whose petition is covered by section 1154(j) of
          this title shall remain valid with respect to a new job
          accepted by the individual after the individual changes jobs
          or employers if the new job is in the same or a similar
          occupational classification as the job for which the
          certification was issued.
        (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 inadmissible, 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) Uncertified foreign health-care workers
          Subject to subsection (r) of this section, any alien who
        seeks to enter the United States for the purpose of performing
        labor as a health-care worker, other than a physician, is
        inadmissible unless the alien presents to the consular officer,
        or, in the case of an adjustment of status, the Attorney
        General, a certificate from the Commission on Graduates of
        Foreign Nursing Schools, or a certificate from an equivalent
        independent credentialing organization approved by the Attorney
        General in consultation with the Secretary of Health and Human
        Services, verifying that - 
            (i) the alien's education, training, license, and
          experience - 
              (I) meet all applicable statutory and regulatory
            requirements for entry into the United States under the
            classification specified in the application;
              (II) are comparable with that required for an American
            health-care worker of the same type; and
              (III) are authentic and, in the case of a license,
            unencumbered;

            (ii) the alien has the level of competence in oral and
          written English considered by the Secretary of Health and
          Human Services, in consultation with the Secretary of
          Education, to be appropriate for health care work of the kind
          in which the alien will be engaged, as shown by an
          appropriate score on one or more nationally recognized,
          commercially available, standardized assessments of the
          applicant's ability to speak and write; and
            (iii) if a majority of States licensing the profession in
          which the alien intends to work recognize a test predicting
          the success on the profession's licensing or certification
          examination, the alien has passed such a test or has passed
          such an examination.

        For purposes of clause (ii), determination of the standardized
        tests required and of the minimum scores that are appropriate
        are within the sole discretion of the Secretary of Health and
        Human Services and are not subject to further administrative or
        judicial review.
        (D) Application of grounds
          The grounds for inadmissibility of aliens under subparagraphs
        (A) and (B) shall apply to immigrants seeking admission or
        adjustment of status under paragraph (2) or (3) of section
        1153(b) of this title.
      (6) Illegal entrants and immigration violators
        (A) Aliens present without admission or parole
          (i) In general
            An alien present in the United States without being
          admitted or paroled, or who arrives in the United States at
          any time or place other than as designated by the Attorney
          General, is inadmissible.
          (ii) Exception for certain battered women and children
            Clause (i) shall not apply to an alien who demonstrates
          that - 
              (I) the alien is a VAWA self-petitioner;
              (II)(a) the alien has been battered or subjected to
            extreme cruelty by a spouse or parent, or by a member of
            the spouse's or parent's family residing in the same
            household as the alien and the spouse or parent consented
            or acquiesced to such battery or cruelty, or (b) the
            alien's child has been battered or subjected to extreme
            cruelty by a spouse or parent of the alien (without the
            active participation of the alien in the battery or
            cruelty) or by a member of the spouse's or parent's family
            residing in the same household as the alien when the spouse
            or parent consented to or acquiesced in such battery or
            cruelty and the alien did not actively participate in such
            battery or cruelty, and
              (III) there was a substantial connection between the
            battery or cruelty described in subclause (I) or (II) and
            the alien's unlawful entry into the United States.
        (B) Failure to attend removal proceeding
          Any alien who without reasonable cause fails or refuses to
        attend or remain in attendance at a proceeding to determine the
        alien's inadmissibility or deportability and who seeks
        admission to the United States within 5 years of such alien's
        subsequent departure or removal is inadmissible.
        (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 admission into
          the United States or other benefit provided under this
          chapter is inadmissible.
          (ii) Falsely claiming citizenship
            (I) In general
              Any alien who falsely represents, or has falsely
            represented, himself or herself to be a citizen of the
            United States for any purpose or benefit under this chapter
            (including section 1324a of this title) or any other
            Federal or State law is inadmissible.
            (II) Exception
              In the case of an alien making a representation described
            in subclause (I), if each natural parent of the alien (or,
            in the case of an adopted alien, each adoptive parent of
            the alien) is or was a citizen (whether by birth or
            naturalization), the alien permanently resided in the
            United States prior to attaining the age of 16, and the
            alien reasonably believed at the time of making such
            representation that he or she was a citizen, the alien
            shall not be considered to be inadmissible under any
            provision of this subsection based on such representation.
          (iii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (i) of this section.
        (D) Stowaways
          Any alien who is a stowaway is inadmissible.
        (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
          inadmissible.
          (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 section 1153(a)(2) of this title
          (including under section 112 of the Immigration Act of 1990)
          or benefits under section 301(a) of the Immigration Act of
          1990 if the alien, before May 5, 1988, 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.
          (iii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (d)(11) of this section.
        (F) Subject of civil penalty
          (i) In general
            An alien who is the subject of a final order for violation
          of section 1324c of this title is inadmissible.
          (ii) Waiver authorized
            For provision authorizing waiver of clause (i), see
          subsection (d)(12) of this section.
        (G) Student visa abusers
          An alien who obtains the status of a nonimmigrant under
        section 1101(a)(15)(F)(i) of this title and who violates a term
        or condition of such status under section 1184(l) (!1) of this
        title is inadmissible until the alien has been outside the
        United States for a continuous period of 5 years after the date
        of the violation.

      (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 section
            1181(a) of this title, or
              (II) whose visa has been issued without compliance with
            the provisions of section 1153 of this title,

          is inadmissible.
          (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 inadmissible.
          (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 program
            For authority to waive the requirement of clause (i) under
          a program, see section 1187 of this title.
      (8) Ineligible for citizenship
        (A) In general
          Any immigrant who is permanently ineligible to citizenship is
        inadmissible.
        (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 inadmissible, 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) Aliens previously removed
        (A) Certain aliens previously removed
          (i) Arriving aliens
            Any alien who has been ordered removed under section
          1225(b)(1) of this title or at the end of proceedings under
          section 1229a of this title initiated upon the alien's
          arrival in the United States and who again seeks admission
          within 5 years of the date of such removal (or within 20
          years in the case of a second or subsequent removal or at any
          time in the case of an alien convicted of an aggravated
          felony) is inadmissible.
          (ii) Other aliens
            Any alien not described in clause (i) who - 
              (I) has been ordered removed under section 1229a of this
            title or any other provision of law, or
              (II) departed the United States while an order of removal
            was outstanding,

          and who seeks admission within 10 years of the date of such
          alien's departure or removal (or within 20 years of such date
          in the case of a second or subsequent removal or at any time
          in the case of an alien convicted of an aggravated felony) is
          inadmissible.
          (iii) Exception
            Clauses (i) and (ii) shall not apply to an alien seeking
          admission within a period if, prior to the date of 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) Aliens unlawfully present
          (i) In general
            Any alien (other than an alien lawfully admitted for
          permanent residence) who - 
              (I) was unlawfully present in the United States for a
            period of more than 180 days but less than 1 year,
            voluntarily departed the United States (whether or not
            pursuant to section 1254a(e) (!2) of this title) prior to
            the commencement of proceedings under section 1225(b)(1) of
            this title or section 1229a of this title, and again seeks
            admission within 3 years of the date of such alien's
            departure or removal, or

              (II) has been unlawfully present in the United States for
            one year or more, and who again seeks admission within 10
            years of the date of such alien's departure or removal from
            the United States,

          is inadmissible.
          (ii) Construction of unlawful presence
            For purposes of this paragraph, an alien is deemed to be
          unlawfully present in the United States if the alien is
          present in the United States after the expiration of the
          period of stay authorized by the Attorney General or is
          present in the United States without being admitted or
          paroled.
          (iii) Exceptions
            (I) Minors
              No period of time in which an alien is under 18 years of
            age shall be taken into account in determining the period
            of unlawful presence in the United States under clause (i).
            (II) Asylees
              No period of time in which an alien has a bona fide
            application for asylum pending under section 1158 of this
            title shall be taken into account in determining the period
            of unlawful presence in the United States under clause (i)
            unless the alien during such period was employed without
            authorization in the United States.
            (III) Family unity
              No period of time in which the alien is a beneficiary of
            family unity protection pursuant to section 301 of the
            Immigration Act of 1990 shall be taken into account in
            determining the period of unlawful presence in the United
            States under clause (i).
            (IV) Battered women and children
              Clause (i) shall not apply to an alien who would be
            described in paragraph (6)(A)(ii) if "violation of the
            terms of the alien's nonimmigrant visa" were substituted
            for "unlawful entry into the United States" in subclause
            (III) of that paragraph.
            (V) Victims of a severe form of trafficking in persons
              Clause (i) shall not apply to an alien who demonstrates
            that the severe form of trafficking (as that term is
            defined in section 7102 of title 22) was at least one
            central reason for the alien's unlawful presence in the
            United States.
          (iv) Tolling for good cause
            In the case of an alien who - 
              (I) has been lawfully admitted or paroled into the United
            States,
              (II) has filed a nonfrivolous application for a change or
            extension of status before the date of expiration of the
            period of stay authorized by the Attorney General, and
              (III) has not been employed without authorization in the
            United States before or during the pendency of such
            application,

          the calculation of the period of time specified in clause
          (i)(I) shall be tolled during the pendency of such
          application, but not to exceed 120 days.
          (v) Waiver
            The Attorney General has sole discretion to waive clause
          (i) in the case of an immigrant who is the spouse or son or
          daughter of a United States citizen or of an alien lawfully
          admitted for permanent residence, if it is established to the
          satisfaction of the Attorney General that the refusal of
          admission to such immigrant alien would result in extreme
          hardship to the citizen or lawfully resident spouse or parent
          of such alien. No court shall have jurisdiction to review a
          decision or action by the Attorney General regarding a waiver
          under this clause.
        (C) Aliens unlawfully present after previous immigration
          violations
          (i) In general
            Any alien who - 
              (I) has been unlawfully present in the United States for
            an aggregate period of more than 1 year, or
              (II) has been ordered removed under section 1225(b)(1) of
            this title, section 1229a of this title, or any other
            provision of law,

          and who enters or attempts to reenter the United States
          without being admitted is inadmissible.
          (ii) Exception
            Clause (i) shall not apply to an alien seeking admission
          more than 10 years after the date of the alien's last
          departure from the United States if, prior to the alien's
          reembarkation at a place outside the United States or attempt
          to be readmitted from a foreign contiguous territory, the
          Secretary of Homeland Security has consented to the alien's
          reapplying for admission.
          (iii) Waiver
            The Secretary of Homeland Security may waive the
          application of clause (i) in the case of an alien who is a
          VAWA self-petitioner if there is a connection between - 
              (I) the alien's battering or subjection to extreme
            cruelty; and
              (II) the alien's removal, departure from the United
            States, reentry or reentries into the United States; or
            attempted reentry into the United States.
      (10) Miscellaneous
        (A) Practicing polygamists
          Any immigrant who is coming to the United States to practice
        polygamy is inadmissible.
        (B) Guardian required to accompany helpless alien
          Any alien - 
            (i) who is accompanying another alien who is inadmissible
          and who is certified to be helpless from sickness, mental or
          physical disability, or infancy pursuant to section 1222(c)
          of this title, and
            (ii) whose protection or guardianship is determined to be
          required by the alien described in clause (i),

        is inadmissible.
        (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 inadmissible until the child is
          surrendered to the person granted custody by that order.
          (ii) Aliens supporting abductors and relatives of abductors
            Any alien who - 
              (I) is known by the Secretary of State to have
            intentionally assisted an alien in the conduct described in
            clause (i),
              (II) is known by the Secretary of State to be
            intentionally providing material support or safe haven to
            an alien described in clause (i), or
              (III) is a spouse (other than the spouse who is the
            parent of the abducted child), child (other than the
            abducted child), parent, sibling, or agent of an alien
            described in clause (i), if such person has been designated
            by the Secretary of State at the Secretary's sole and
            unreviewable discretion, is inadmissible until the child
            described in clause (i) is surrendered to the person
            granted custody by the order described in that clause, and
            such person and child are permitted to return to the United
            States or such person's place of residence.
          (iii) Exceptions
            Clauses (i) and (ii) shall not apply - 
              (I) to a government official of the United States who is
            acting within the scope of his or her official duties;
              (II) to a government official of any foreign government
            if the official has been designated by the Secretary of
            State at the Secretary's sole and unreviewable discretion;
            or
              (III) so long as the child is located in a foreign state
            that is a party to the Convention on the Civil Aspects of
            International Child Abduction, done at The Hague on October
            25, 1980.
        (D) Unlawful voters
          (i) In general
            Any alien who has voted in violation of any Federal, State,
          or local constitutional provision, statute, ordinance, or
          regulation is inadmissible.
          (ii) Exception
            In the case of an alien who voted in a Federal, State, or
          local election (including an initiative, recall, or
          referendum) in violation of a lawful restriction of voting to
          citizens, if each natural parent of the alien (or, in the
          case of an adopted alien, each adoptive parent of the alien)
          is or was a citizen (whether by birth or naturalization), the
          alien permanently resided in the United States prior to
          attaining the age of 16, and the alien reasonably believed at
          the time of such violation that he or she was a citizen, the
          alien shall not be considered to be inadmissible under any
          provision of this subsection based on such violation.
        (E) Former citizens who renounced citizenship to avoid taxation
          Any alien who is a former citizen of the United States who
        officially renounces United States citizenship and who is
        determined by the Attorney General to have renounced United
        States citizenship for the purpose of avoiding taxation by the
        United States is inadmissible.
    (b) Notices of denials
      (1) Subject to paragraphs (2) and (3), 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 inadmissible under
    subsection (a) of this section, the officer shall provide the alien
    with a timely written notice that - 
        (A) states the determination, and
        (B) lists the specific provision or provisions of law under
      which the alien is inadmissible or adjustment (!3) of status.

      (2) The Secretary of State may waive the requirements of
    paragraph (1) with respect to a particular alien or any class or
    classes of inadmissible aliens.
      (3) Paragraph (1) does not apply to any alien inadmissible under
    paragraph (2) or (3) of subsection (a) of this section.
    (c) Repealed. Pub. L. 104-208, div. C, title III, Sec. 304(b),
      Sept. 30, 1996, 110 Stat. 3009-597
    (d) Temporary admission of nonimmigrants
      (1) The Attorney General shall determine whether a ground for
    inadmissibility exists with respect to a nonimmigrant described in
    section 1101(a)(15)(S) of this title. The Attorney General, in the
    Attorney General's discretion, may waive the application of
    subsection (a) of this section (other than paragraph (3)(E)) in the
    case of a nonimmigrant described in section 1101(a)(15)(S) of this
    title, if the Attorney General considers it to be in the national
    interest to do so. Nothing in this section shall be regarded as
    prohibiting the Immigration and Naturalization Service from
    instituting removal proceedings against an alien admitted as a
    nonimmigrant under section 1101(a)(15)(S) of this title for conduct
    committed after the alien's admission into the United States, or
    for conduct or a condition that was not disclosed to the Attorney
    General prior to the alien's admission as a nonimmigrant under
    section 1101(a)(15)(S) of this title.
      (2) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
    29, 1990, 104 Stat. 5076.
      (3)(A) Except as provided in this subsection, an alien (i) 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 clauses (i) and (ii) of
    paragraph (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 (ii) 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 clauses (i) and
    (ii) of paragraph (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 inadmissible aliens applying for
    temporary admission under this paragraph.
      (B)(i) The Secretary of State, after consultation with the
    Attorney General and the Secretary of Homeland Security, or the
    Secretary of Homeland Security, after consultation with the
    Secretary of State and the Attorney General, may conclude in such
    Secretary's sole unreviewable discretion that subsection
    (a)(3)(B)(i)(IV)(bb) or (a)(3)(B)(i)(VII) of this section shall not
    apply to an alien, that subsection (a)(3)(B)(iv)(VI) of this
    section shall not apply with respect to any material support an
    alien afforded to an organization or individual that has engaged in
    a terrorist activity, or that subsection (a)(3)(B)(vi)(III) of this
    section shall not apply to a group solely by virtue of having a
    subgroup within the scope of that subsection. The Secretary of
    State may not, however, exercise discretion under this clause with
    respect to an alien once removal proceedings against the alien are
    instituted under section 1229a of this title.
      (ii) Not later than 90 days after the end of each fiscal year,
    the Secretary of State and the Secretary of Homeland Security shall
    each provide to the Committees on the Judiciary of the House of
    Representatives and of the Senate, the Committee on International
    Relations of the House of Representatives, the Committee on Foreign
    Relations of the Senate, and the Committee on Homeland Security of
    the House of Representatives a report on the aliens to whom such
    Secretary has applied clause (i). Within one week of applying
    clause (i) to a group, the Secretary of State or the Secretary of
    Homeland Security shall provide a report to such Committees.
      (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 section 1223(c) of this
    title.
      (5)(A) The Attorney General may, except as provided in
    subparagraph (B) or in section 1184(f) of this title, in his
    discretion parole into the United States temporarily under such
    conditions as he may prescribe only on a case-by-case basis for
    urgent humanitarian reasons or significant public benefit any alien
    applying for admission to the United States, but such parole of
    such alien shall not be regarded as an admission of the alien and
    when the purposes of such parole shall, in the opinion of the
    Attorney General, have been served the alien shall forthwith return
    or be returned to the custody from which he was paroled and
    thereafter his case shall continue to be dealt with in the same
    manner as that of any other applicant for admission to the United
    States.
      (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 section 1157 of
    this title.
      (6) Repealed. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A), Nov.
    29, 1990, 104 Stat. 5076.
      (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.(!4) Any alien described in this paragraph, who is
    denied admission to the United States, shall be immediately removed
    in the manner provided by section 1231(c) of this title.

      (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. Pub. L. 101-649, title VI, Sec. 601(d)(2)(A),
    Nov. 29, 1990, 104 Stat. 5076.
      (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 removal, and who is otherwise
    admissible to the United States as a returning resident under
    section 1181(b) of this title and in the case of an alien seeking
    admission or adjustment of status as an immediate relative or
    immigrant under section 1153(a) of this title (other than paragraph
    (4) thereof), if the alien has encouraged, induced, assisted,
    abetted, or aided only an individual who at the time of such action
    was the alien's spouse, parent, son, or daughter (and no other
    individual) to enter the United States in violation of law.
      (12) The Attorney General may, in the discretion of the Attorney
    General for humanitarian purposes or to assure family unity, waive
    application of clause (i) of subsection (a)(6)(F) of this section -
    
        (A) in the case of an alien lawfully admitted for permanent
      residence who temporarily proceeded abroad voluntarily and not
      under an order of deportation or removal and who is otherwise
      admissible to the United States as a returning resident under
      section 1181(b) of this title, and
        (B) in the case of an alien seeking admission or adjustment of
      status under section 1151(b)(2)(A) of this title or under section
      1153(a) of this title,

    if no previous civil money penalty was imposed against the alien
    under section 1324c of this title and the offense was committed
    solely to assist, aid, or support the alien's spouse or child (and
    not another individual). No court shall have jurisdiction to review
    a decision of the Attorney General to grant or deny a waiver under
    this paragraph.
      (13)(A) The Secretary of Homeland Security shall determine
    whether a ground for inadmissibility exists with respect to a
    nonimmigrant described in section 1101(a)(15)(T) of this title,
    except that the ground for inadmissibility described in subsection
    (a)(4) of this section shall not apply with respect to such a
    nonimmigrant.
      (B) In addition to any other waiver that may be available under
    this section, in the case of a nonimmigrant described in section
    1101(a)(15)(T) of this title, if the Secretary of Homeland Security
    considers it to be in the national interest to do so, the Secretary
    of Homeland Security, in the Attorney General's (!5) discretion,
    may waive the application of - 

        (i) subsection (a)(1) of this section; and
        (ii) any other provision of subsection (a) of this section
      (excluding paragraphs (3), (4), (10)(C), and (10(E)) (!6) if the
      activities rendering the alien inadmissible under the provision
      were caused by, or were incident to, the victimization described
      in section 1101(a)(15)(T)(i)(I) of this title.

      (14) The Secretary of Homeland Security shall determine whether a
    ground of inadmissibility exists with respect to a nonimmigrant
    described in section 1101(a)(15)(U) of this title. The Secretary of
    Homeland Security, in the Attorney General's (!5) discretion, may
    waive the application of subsection (a) of this section (other than
    paragraph (3)(E)) in the case of a nonimmigrant described in
    section 1101(a)(15)(U) of this title, if the Secretary of Homeland
    Security considers it to be in the public or national interest to
    do so.
    (e) Educational visitor status; foreign residence requirement;
      waiver
      No person admitted under section 1101(a)(15)(J) of this title or
    acquiring such status after admission (i) whose participation in
    the program for which he came to the United States was financed in
    whole or in part, directly or indirectly, by an agency of the
    Government of the United States or by the government of the country
    of his nationality or his last residence, (ii) who at the time of
    admission or acquisition of status under section 1101(a)(15)(J) of
    this title was a national or resident of a country which the
    Director of the United States Information Agency, pursuant to
    regulations prescribed by him, had designated as clearly requiring
    the services of persons engaged in the field of specialized
    knowledge or skill in which the alien was engaged, or (iii) who
    came to the United States or acquired such status in order to
    receive graduate medical education or training, shall be eligible
    to apply for an immigrant visa, or for permanent residence, or for
    a nonimmigrant visa under section 1101(a)(15)(H) or section
    1101(a)(15)(L) of this title 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: Provided,
    That upon the favorable recommendation of the Director, pursuant to
    the request of an interested United States Government agency (or,
    in the case of an alien described in clause (iii), pursuant to the
    request of a State Department of Public Health, or its equivalent),
    or of the Commissioner of Immigration and Naturalization after he
    has determined that departure from the United States would impose
    exceptional hardship upon the alien's spouse or child (if such
    spouse or child is a citizen of the United States or a lawfully
    resident alien), or that the alien cannot return to the country of
    his nationality or last residence because he would be subject to
    persecution on account of race, religion, or political opinion, the
    Attorney General may waive the requirement of such two-year foreign
    residence abroad in the case of any alien whose admission to the
    United States is found by the Attorney General to be in the public
    interest except that in the case of a waiver requested by a State
    Department of Public Health, or its equivalent, or in the case of a
    waiver requested by an interested United States Government agency
    on behalf of an alien described in clause (iii), the waiver shall
    be subject to the requirements of section 1184(l) of this title:
    And provided further, That, except in the case of an alien
    described in clause (iii), the Attorney General may, upon the
    favorable recommendation of the Director, waive such two-year
    foreign residence requirement in any case in which the foreign
    country of the alien's nationality or last residence has furnished
    the Director a statement in writing that it has no objection to
    such waiver in the case of such alien.
    (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. Whenever the Attorney General finds that a commercial
    airline has failed to comply with regulations of the Attorney
    General relating to requirements of airlines for the detection of
    fraudulent documents used by passengers traveling to the United
    States (including the training of personnel in such detection), the
    Attorney General may suspend the entry of some or all aliens
    transported to the United States by such airline.
    (g) Bond and conditions for admission of alien inadmissible 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,
          (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
          (C) is a VAWA self-petitioner,

      in accordance with such terms, conditions, and controls, if any,
      including the giving of bond, as the Attorney General, in the
      discretion of the Attorney General after consultation with the
      Secretary of Health and Human Services, may by regulation
      prescribe;
        (2) subsection (a)(1)(A)(ii) of this section in the case of any
      alien - 
          (A) who receives vaccination against the vaccine-preventable
        disease or diseases for which the alien has failed to present
        documentation of previous vaccination,
          (B) for whom a civil surgeon, medical officer, or panel
        physician (as those terms are defined by section 34.2 of title
        42 of the Code of Federal Regulations) certifies, according to
        such regulations as the Secretary of Health and Human Services
        may prescribe, that such vaccination would not be medically
        appropriate, or
          (C) under such circumstances as the Attorney General provides
        by regulation, with respect to whom the requirement of such a
        vaccination would be contrary to the alien's religious beliefs
        or moral convictions; or

        (3) subsection (a)(1)(A)(iii) 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 the discretion of the Attorney General 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 inadmissible only under subparagraph (D)(i)
        or (D)(ii) of such subsection or the activities for which the
        alien is inadmissible occurred more than 15 years before the
        date of the alien's application for a visa, admission, 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 denial
      of admission would result in extreme hardship to the United
      States citizen or lawfully resident spouse, parent, son, or
      daughter of such alien; or
        (C) the alien is a VAWA self-petitioner; 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. No waiver shall be granted under this subsection
    in the case of an alien who has previously been admitted to the
    United States as an alien lawfully admitted for permanent residence
    if either since the date of such admission the alien has been
    convicted of an aggravated felony or the alien has not lawfully
    resided continuously in the United States for a period of not less
    than 7 years immediately preceding the date of initiation of
    proceedings to remove the alien from the United States. No court
    shall have jurisdiction to review a decision of the Attorney
    General to grant or deny a waiver under this subsection.
    (i) Admission of immigrant inadmissible for fraud or willful
      misrepresentation of material fact
      (1) The Attorney General may, in the discretion of the Attorney
    General, waive the application of clause (i) of subsection
    (a)(6)(C) of this section in the case of an immigrant who is the
    spouse, son, or daughter of a United States citizen or of an alien
    lawfully admitted for permanent residence if it is established to
    the satisfaction of the Attorney General that the refusal of
    admission to the United States of such immigrant alien would result
    in extreme hardship to the citizen or lawfully resident spouse or
    parent of such an alien or, in the case of a VAWA self-petitioner,
    the alien demonstrates extreme hardship to the alien or the alien's
    United States citizen, lawful permanent resident, or qualified
    alien parent or child.
      (2) No court shall have jurisdiction to review a decision or
    action of the Attorney General regarding a waiver under paragraph
    (1).
    (j) Limitation on immigration of foreign medical graduates
      (1) The additional requirements referred to in section
    1101(a)(15)(J) of this title for an alien who is coming to the
    United States under a program under which he will receive graduate
    medical education or training are as follows:
        (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 admission 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 is admitted to 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
    section 1101(a)(15)(H)(i)(b) of this title unless - 
        (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) Omitted.
    (k) Attorney General's discretion to admit otherwise inadmissible
      aliens who possess immigrant visas
      Any alien, inadmissible 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 inadmissibility 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 removal of 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
      (1) The qualifications referred to in section
    1101(a)(15)(H)(i)(c) of this title, with respect to an alien who is
    coming to the United States to perform nursing services for a
    facility, are that the alien - 
        (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;
        (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 section
    1101(a)(15)(H)(i)(c) of this title, with respect to a facility for
    which an alien will perform services, is an attestation as to the
    following:
        (i) The facility meets all the requirements of paragraph (6).
        (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) 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.
        (v) There is not a strike or lockout in the course of a labor
      dispute, the facility did not lay off and will not lay off a
      registered nurse employed by the facility within the period
      beginning 90 days before and ending 90 days after the date of
      filing of any visa petition, 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 section 1101(a)(15)(H)(i)(c) of this title, notice
      of the filing has been provided by the facility to the bargaining
      representative of the registered nurses at the facility or, where
      there is no such bargaining representative, notice of the filing
      has been provided to the registered nurses employed at the
      facility through posting in conspicuous locations.
        (vii) The facility will not, at any time, employ a number of
      aliens issued visas or otherwise provided nonimmigrant status
      under section 1101(a)(15)(H)(i)(c) of this title that exceeds 33
      percent of the total number of registered nurses employed by the
      facility.
        (viii) The facility will not, with respect to any alien issued
      a visa or otherwise provided nonimmigrant status under section
      1101(a)(15)(H)(i)(c) of this title - 
          (I) authorize the alien to perform nursing services at any
        worksite other than a worksite controlled by the facility; or
          (II) transfer the place of employment of the alien from one
        worksite to another.

      Nothing in clause (iv) shall be construed as requiring a facility
      to have taken significant steps described in such clause before
      November 12, 1999. A copy of the attestation shall be provided,
      within 30 days of the date of filing, to registered nurses
      employed at the facility on the date of filing.

      (B) For purposes of subparagraph (A)(iv), 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 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). Nothing in this
    subparagraph 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) - 
        (i) shall expire on the date that is the later of - 
          (I) the end of the one-year period beginning on the date of
        its filing with the Secretary of Labor; or
          (II) the end of the period of admission under section
        1101(a)(15)(H)(i)(c) of this title of the last alien with
        respect to whose admission it was applied (in accordance with
        clause (ii)); and

        (ii) shall apply to petitions filed during the one-year period
      beginning on the date of its filing with the Secretary of Labor
      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 section 1101(a)(15)(H)(i)(c) of this title and,
    for each such facility, a copy of the facility's attestation under
    subparagraph (A) (and accompanying documentation) and each such
    petition filed by the facility.
      (ii) The Secretary of Labor shall establish a process, including
    reasonable time limits, 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. Subject to the time limits
    established under this clause, this subparagraph shall apply
    regardless of whether an attestation is expired or unexpired at the
    time a complaint is filed.
      (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 nurse per violation, with the total penalty not
    to exceed $10,000 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 one year for nurses to be employed by the
    facility.
      (v) In addition to the sanctions provided for 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.
      (F)(i) The Secretary of Labor shall impose on a facility filing
    an attestation under subparagraph (A) a filing fee, in an amount
    prescribed by the Secretary based on the costs of carrying out the
    Secretary's duties under this subsection, but not exceeding $250.
      (ii) Fees collected under this subparagraph shall be deposited in
    a fund established for this purpose in the Treasury of the United
    States.
      (iii) The collected fees in the fund shall be available to the
    Secretary of Labor, to the extent and in such amounts as may be
    provided in appropriations Acts, to cover the costs described in
    clause (i), in addition to any other funds that are available to
    the Secretary to cover such costs.
      (3) The period of admission of an alien under section
    1101(a)(15)(H)(i)(c) of this title shall be 3 years.
      (4) The total number of nonimmigrant visas issued pursuant to
    petitions granted under section 1101(a)(15)(H)(i)(c) of this title
    in each fiscal year shall not exceed 500. The number of such visas
    issued for employment in each State in each fiscal year shall not
    exceed the following:
        (A) For States with populations of less than 9,000,000, based
      upon the 1990 decennial census of population, 25 visas.
        (B) For States with populations of 9,000,000 or more, based
      upon the 1990 decennial census of population, 50 visas.
        (C) If the total number of visas available under this paragraph
      for a fiscal year quarter exceeds the number of qualified
      nonimmigrants who may be issued such visas during those quarters,
      the visas made available under this paragraph shall be issued
      without regard to the numerical limitation under subparagraph (A)
      or (B) of this paragraph during the last fiscal year quarter.

      (5) A facility that has filed a petition under section
    1101(a)(15)(H)(i)(c) of this title to employ a nonimmigrant to
    perform nursing services for the facility - 
        (A) shall provide the nonimmigrant a wage rate and working
      conditions commensurate with those of nurses similarly employed
      by the facility;
        (B) shall require the nonimmigrant to work hours commensurate
      with those of nurses similarly employed by the facility; and
        (C) shall not interfere with the right of the nonimmigrant to
      join or organize a union.

      (6) For purposes of this subsection and section
    1101(a)(15)(H)(i)(c) of this title, the term "facility" means a
    subsection (d) hospital (as defined in section 1886(d)(1)(B) of the
    Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) that meets the
    following requirements:
        (A) As of March 31, 1997, the hospital was located in a health
      professional shortage area (as defined in section 254e of title
      42).
        (B) Based on its settled cost report filed under title XVIII of
      the Social Security Act [42 U.S.C. 1395 et seq.] for its cost
      reporting period beginning during fiscal year 1994 - 
          (i) the hospital has not less than 190 licensed acute care
        beds;
          (ii) the number of the hospital's inpatient days for such
        period which were made up of patients who (for such days) were
        entitled to benefits under part A of such title [42 U.S.C.
        1395c et seq.] is not less than 35 percent of the total number
        of such hospital's acute care inpatient days for such period;
        and
          (iii) the number of the hospital's inpatient days for such
        period which were made up of patients who (for such days) were
        eligible for medical assistance under a State plan approved
        under title XIX of the Social Security Act [42 U.S.C. 1396 et
        seq.], is not less than 28 percent of the total number of such
        hospital's acute care inpatient days for such period.

      (7) For purposes of paragraph (2)(A)(v), the term "lay off", with
    respect to a worker - 
        (A) means to cause the worker's loss of employment, other than
      through a discharge for inadequate performance, violation of
      workplace rules, cause, voluntary departure, voluntary
      retirement, or the expiration of a grant or contract; but
        (B) does not include any situation in which the worker is
      offered, as an alternative to such loss of employment, a similar
      employment opportunity with the same employer at equivalent or
      higher compensation and benefits than the position from which the
      employee was discharged, regardless of whether or not the
      employee accepts the offer.

    Nothing in this paragraph is intended to limit an employee's or an
    employer's rights under a collective bargaining agreement or other
    employment contract.
    (n) Labor condition application
      (1) No alien may be admitted or provided status as an H-1B
    nonimmigrant in an occupational classification unless the employer
    has filed with the Secretary of Labor an application stating the
    following:
        (A) The employer - 
          (i) is offering and will offer during the period of
        authorized employment to aliens admitted or provided status as
        an H-1B nonimmigrant wages that are at least - 
            (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
        provided notice of filing in the occupational classification
        through such methods as physical posting in conspicuous
        locations at the place of employment or electronic notification
        to employees in the occupational classification for which H-1B
        nonimmigrants are sought.

        (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.
        (E)(i) In the case of an application described in clause (ii),
      the employer did not displace and will not displace a United
      States worker (as defined in paragraph (4)) employed by the
      employer within the period beginning 90 days before and ending 90
      days after the date of filing of any visa petition supported by
      the application.
        (ii) An application described in this clause is an application
      filed on or after the date final regulations are first
      promulgated to carry out this subparagraph, and before (!7) by an
      H-1B-dependent employer (as defined in paragraph (3)) or by an
      employer that has been found, on or after October 21, 1998, under
      paragraph (2)(C) or (5) to have committed a willful failure or
      misrepresentation during the 5-year period preceding the filing
      of the application. An application is not described in this
      clause if the only H-1B nonimmigrants sought in the application
      are exempt H-1B nonimmigrants.

        (F) In the case of an application described in subparagraph
      (E)(ii), the employer will not place the nonimmigrant with
      another employer (regardless of whether or not such other
      employer is an H-1B-dependent employer) where - 
          (i) the nonimmigrant performs duties in whole or in part at
        one or more worksites owned, operated, or controlled by such
        other employer; and
          (ii) there are indicia of an employment relationship between
        the nonimmigrant and such other employer;

      unless the employer has inquired of the other employer as to
      whether, and has no knowledge that, within the period beginning
      90 days before and ending 90 days after the date of the placement
      of the nonimmigrant with the other employer, the other employer
      has displaced or intends to displace a United States worker
      employed by the other employer.
        (G)(i) In the case of an application described in subparagraph
      (E)(ii), subject to clause (ii), the employer, prior to filing
      the application - 
          (I) has taken good faith steps to recruit, in the United
        States using procedures that meet industry-wide standards and
        offering compensation that is at least as great as that
        required to be offered to H-1B nonimmigrants under subparagraph
        (A), United States workers for the job for which the
        nonimmigrant or nonimmigrants is or are sought; and
          (II) has offered the job to any United States worker who
        applies and is equally or better qualified for the job for
        which the nonimmigrant or nonimmigrants is or are sought.

        (ii) The conditions described in clause (i) shall not apply to
      an application filed with respect to the employment of an H-1B
      nonimmigrant who is described in subparagraph (A), (B), or (C) of
      section 1153(b)(1) of this title.

    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 section 1101(a)(15)(H)(i)(b) of this title within 7 days of the
    date of the filing of the application. The application form shall
    include a clear statement explaining the liability under
    subparagraph (F) of a placing employer if the other employer
    described in such subparagraph displaces a United States worker as
    described in such subparagraph. Nothing in subparagraph (G) shall
    be construed to prohibit an employer from using legitimate
    selection criteria relevant to the job that are normal or customary
    to the type of job involved, so long as such criteria are not
    applied in a discriminatory manner.
      (2)(A) Subject to paragraph (5)(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
    section 556 of title 5, within 60 days after the date of the
    determination. If such a hearing is requested, the Secretary shall
    make a finding concerning the matter by not later than 60 days
    after the date of the hearing. In the case of similar complaints
    respecting the same applicant, the Secretary may consolidate the
    hearings under this subparagraph on such complaints.
      (C)(i) If the Secretary finds, after notice and opportunity for a
    hearing, a failure to meet a condition of paragraph (1)(B), (1)(E),
    or (1)(F), a substantial failure to meet a condition of paragraph
    (1)(C), (1)(D), or (1)(G)(i)(I), 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 section 1154 or 1184(c) of
      this title during a period of at least 1 year for aliens to be
      employed by the employer.

      (ii) If the Secretary finds, after notice and opportunity for a
    hearing, a willful failure to meet a condition of paragraph (1), a
    willful misrepresentation of material fact in an application, or a
    violation of clause (iv) - 
        (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 $5,000 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 section 1154 or 1184(c) of
      this title during a period of at least 2 years for aliens to be
      employed by the employer.

      (iii) If the Secretary finds, after notice and opportunity for a
    hearing, a willful failure to meet a condition of paragraph (1) or
    a willful misrepresentation of material fact in an application, in
    the course of which failure or misrepresentation the employer
    displaced a United States worker employed by the employer within
    the period beginning 90 days before and ending 90 days after the
    date of filing of any visa petition supported by the 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 $35,000 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 section 1154 or 1184(c) of
      this title during a period of at least 3 years for aliens to be
      employed by the employer.

      (iv) It is a violation of this clause for an employer who has
    filed an application under this subsection to intimidate, threaten,
    restrain, coerce, blacklist, discharge, or in any other manner
    discriminate against an employee (which term, for purposes of this
    clause, includes a former employee and an applicant for employment)
    because the employee has disclosed information to the employer, or
    to any other person, that the employee reasonably believes
    evidences a violation of this subsection, or any rule or regulation
    pertaining to this subsection, or because the employee cooperates
    or seeks to cooperate in an investigation or other proceeding
    concerning the employer's compliance with the requirements of this
    subsection or any rule or regulation pertaining to this subsection.
      (v) The Secretary of Labor and the Attorney General shall devise
    a process under which an H-1B nonimmigrant who files a complaint
    regarding a violation of clause (iv) and is otherwise eligible to
    remain and work in the United States may be allowed to seek other
    appropriate employment in the United States for a period not to
    exceed the maximum period of stay authorized for such nonimmigrant
    classification.
      (vi)(I) It is a violation of this clause for an employer who has
    filed an application under this subsection to require an H-1B
    nonimmigrant to pay a penalty for ceasing employment with the
    employer prior to a date agreed to by the nonimmigrant and the
    employer. The Secretary shall determine whether a required payment
    is a penalty (and not liquidated damages) pursuant to relevant
    State law.
      (II) It is a violation of this clause for an employer who has
    filed an application under this subsection to require an alien who
    is the subject of a petition filed under section 1184(c)(1) of this
    title, for which a fee is imposed under section 1184(c)(9) of this
    title, to reimburse, or otherwise compensate, the employer for part
    or all of the cost of such fee. It is a violation of this clause
    for such an employer otherwise to accept such reimbursement or
    compensation from such an alien.
      (III) If the Secretary finds, after notice and opportunity for a
    hearing, that an employer has committed a violation of this clause,
    the Secretary may impose a civil monetary penalty of $1,000 for
    each such violation and issue an administrative order requiring the
    return to the nonimmigrant of any amount paid in violation of this
    clause, or, if the nonimmigrant cannot be located, requiring
    payment of any such amount to the general fund of the Treasury.
      (vii)(I) It is a failure to meet a condition of paragraph (1)(A)
    for an employer, who has filed an application under this subsection
    and who places an H-1B nonimmigrant designated as a full-time
    employee on the petition filed under section 1184(c)(1) of this
    title by the employer with respect to the nonimmigrant, after the
    nonimmigrant has entered into employment with the employer, in
    nonproductive status due to a decision by the employer (based on
    factors such as lack of work), or due to the nonimmigrant's lack of
    a permit or license, to fail to pay the nonimmigrant full-time
    wages in accordance with paragraph (1)(A) for all such
    nonproductive time.
      (II) It is a failure to meet a condition of paragraph (1)(A) for
    an employer, who has filed an application under this subsection and
    who places an H-1B nonimmigrant designated as a part-time employee
    on the petition filed under section 1184(c)(1) of this title by the
    employer with respect to the nonimmigrant, after the nonimmigrant
    has entered into employment with the employer, in nonproductive
    status under circumstances described in subclause (I), to fail to
    pay such a nonimmigrant for such hours as are designated on such
    petition consistent with the rate of pay identified on such
    petition.
      (III) In the case of an H-1B nonimmigrant who has not yet entered
    into employment with an employer who has had approved an
    application under this subsection, and a petition under section
    1184(c)(1) of this title, with respect to the nonimmigrant, the
    provisions of subclauses (I) and (II) shall apply to the employer
    beginning 30 days after the date the nonimmigrant first is admitted
    into the United States pursuant to the petition, or 60 days after
    the date the nonimmigrant becomes eligible to work for the employer
    (in the case of a nonimmigrant who is present in the United States
    on the date of the approval of the petition).
      (IV) This clause does not apply to a failure to pay wages to an H-
    1B nonimmigrant for nonproductive time due to non-work-related
    factors, such as the voluntary request of the nonimmigrant for an
    absence or circumstances rendering the nonimmigrant unable to work.
      (V) This clause shall not be construed as prohibiting an employer
    that is a school or other educational institution from applying to
    an H-1B nonimmigrant an established salary practice of the
    employer, under which the employer pays to H-1B nonimmigrants and
    United States workers in the same occupational classification an
    annual salary in disbursements over fewer than 12 months, if - 
        (aa) the nonimmigrant agrees to the compressed annual salary
      payments prior to the commencement of the employment; and
        (bb) the application of the salary practice to the nonimmigrant
      does not otherwise cause the nonimmigrant to violate any
      condition of the nonimmigrant's authorization under this chapter
      to remain in the United States.

      (VI) This clause shall not be construed as superseding clause
    (viii).
      (viii) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an application under this subsection
    to fail to offer to an H-1B nonimmigrant, during the nonimmigrant's
    period of authorized employment, benefits and eligibility for
    benefits (including the opportunity to participate in health, life,
    disability, and other insurance plans; the opportunity to
    participate in retirement and savings plans; and cash bonuses and
    noncash compensation, such as stock options (whether or not based
    on performance)) on the same basis, and in accordance with the same
    criteria, as the employer offers to United States workers.
      (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.
      (E) If an H-1B-dependent employer places a nonexempt H-1B
    nonimmigrant with another employer as provided under paragraph
    (1)(F) and the other employer has displaced or displaces a United
    States worker employed by such other employer during the period
    described in such paragraph, such displacement shall be considered
    for purposes of this paragraph a failure, by the placing employer,
    to meet a condition specified in an application submitted under
    paragraph (1); except that the Attorney General may impose a
    sanction described in subclause (II) of subparagraph (C)(i),
    (C)(ii), or (C)(iii) only if the Secretary of Labor found that such
    placing employer - 
        (i) knew or had reason to know of such displacement at the time
      of the placement of the nonimmigrant with the other employer; or
        (ii) has been subject to a sanction under this subparagraph
      based upon a previous placement of an H-1B nonimmigrant with the
      same other employer.

      (F) The Secretary may, on a case-by-case basis, subject an
    employer to random investigations for a period of up to 5 years,
    beginning on the date (on or after October 21, 1998) on which the
    employer is found by the Secretary to have committed a willful
    failure to meet a condition of paragraph (1) (or has been found
    under paragraph (5) to have committed a willful failure to meet the
    condition of paragraph (1)(G)(i)(II)) or to have made a willful
    misrepresentation of material fact in an application. The preceding
    sentence shall apply to an employer regardless of whether or not
    the employer is an H-1B-dependent employer. The authority of the
    Secretary under this subparagraph shall not be construed to be
    subject to, or limited by, the requirements of subparagraph (A).
      (G)(i) The Secretary of Labor may initiate an investigation of
    any employer that employs nonimmigrants described in section
    1101(a)(15)(H)(i)(b) of this title if the Secretary of Labor has
    reasonable cause to believe that the employer is not in compliance
    with this subsection. In the case of an investigation under this
    clause, the Secretary of Labor (or the acting Secretary in the case
    of the absence of (!8) disability of the Secretary of Labor) shall
    personally certify that reasonable cause exists and shall approve
    commencement of the investigation. The investigation may be
    initiated for reasons other than completeness and obvious
    inaccuracies by the employer in complying with this subsection.

      (ii) If the Secretary of Labor receives specific credible
    information from a source who is likely to have knowledge of an
    employer's practices or employment conditions, or an employer's
    compliance with the employer's labor condition application under
    paragraph (1), and whose identity is known to the Secretary of
    Labor, and such information provides reasonable cause to believe
    that the employer has committed a willful failure to meet a
    condition of paragraph (1)(A), (1)(B), (1)(C), (1)(E), (1)(F), or
    (1)(G)(i)(I), has engaged in a pattern or practice of failures to
    meet such a condition, or has committed a substantial failure to
    meet such a condition that affects multiple employees, the
    Secretary of Labor may conduct an investigation into the alleged
    failure or failures. The Secretary of Labor may withhold the
    identity of the source from the employer, and the source's identity
    shall not be subject to disclosure under section 552 of title 5.
      (iii) The Secretary of Labor shall establish a procedure for any
    person desiring to provide to the Secretary of Labor information
    described in clause (ii) that may be used, in whole or in part, as
    the basis for the commencement of an investigation described in
    such clause, to provide the information in writing on a form
    developed and provided by the Secretary of Labor and completed by
    or on behalf of the person. The person may not be an officer or
    employee of the Department of Labor, unless the information
    satisfies the requirement of clause (iv)(II) (although an officer
    or employee of the Department of Labor may complete the form on
    behalf of the person).
      (iv) Any investigation initiated or approved by the Secretary of
    Labor under clause (ii) shall be based on information that
    satisfies the requirements of such clause and that - 
        (I) originates from a source other than an officer or employee
      of the Department of Labor; or
        (II) was lawfully obtained by the Secretary of Labor in the
      course of lawfully conducting another Department of Labor
      investigation under this chapter of (!8) any other Act.

      (v) The receipt by the Secretary of Labor of information
    submitted by an employer to the Attorney General or the Secretary
    of Labor for purposes of securing the employment of a nonimmigrant
    described in section 1101(a)(15)(H)(i)(b) of this title shall not
    be considered a receipt of information for purposes of clause (ii).
      (vi) No investigation described in clause (ii) (or hearing
    described in clause (viii) based on such investigation) may be
    conducted with respect to information about a failure to meet a
    condition described in clause (ii), unless the Secretary of Labor
    receives the information not later than 12 months after the date of
    the alleged failure.
      (vii) The Secretary of Labor shall provide notice to an employer
    with respect to whom there is reasonable cause to initiate an
    investigation described in clauses (!9) (i) or (ii), prior to the
    commencement of an investigation under such clauses, of the intent
    to conduct an investigation. The notice shall be provided in such a
    manner, and shall contain sufficient detail, to permit the employer
    to respond to the allegations before an investigation is commenced.
    The Secretary of Labor is not required to comply with this clause
    if the Secretary of Labor determines that to do so would interfere
    with an effort by the Secretary of Labor to secure compliance by
    the employer with the requirements of this subsection. There shall
    be no judicial review of a determination by the Secretary of Labor
    under this clause.

      (viii) An investigation under clauses (!9) (i) or (ii) may be
    conducted for a period of up to 60 days. If the Secretary of Labor
    determines after such an investigation that a reasonable basis
    exists to make a finding that the employer has committed a willful
    failure to meet a condition of paragraph (1)(A), (1)(B), (1)(C),
    (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or
    practice of failures to meet such a condition, or has committed a
    substantial failure to meet such a condition that affects multiple
    employees, the Secretary of Labor shall provide for notice of such
    determination to the interested parties and an opportunity for a
    hearing in accordance with section 556 of title 5 within 120 days
    after the date of the determination. If such a hearing is
    requested, the Secretary of Labor shall make a finding concerning
    the matter by not later than 120 days after the date of the
    hearing.
      (H)(i) Except as provided in clauses (ii) and (iii), a person or
    entity is considered to have complied with the requirements of this
    subsection, notwithstanding a technical or procedural failure to
    meet such requirements, if there was a good faith attempt to comply
    with the requirements.
      (ii) Clause (i) shall not apply if - 
        (I) the Department of Labor (or another enforcement agency) has
      explained to the person or entity the basis for the failure;
        (II) the person or entity has been provided a period of not
      less than 10 business days (beginning after the date of the
      explanation) within which to correct the failure; and
        (III) the person or entity has not corrected the failure
      voluntarily within such period.

      (iii) A person or entity that, in the course of an investigation,
    is found to have violated the prevailing wage requirements set
    forth in paragraph (1)(A), shall not be assessed fines or other
    penalties for such violation if the person or entity can establish
    that the manner in which the prevailing wage was calculated was
    consistent with recognized industry standards and practices.
      (iv) Clauses (i) and (iii) shall not apply to a person or entity
    that has engaged in or is engaging in a pattern or practice of
    willful violations of this subsection.
      (I) Nothing in this subsection shall be construed as superseding
    or preempting any other enforcement-related authority under this
    chapter (such as the authorities under section 1324b of this
    title), or any other Act.
      (3)(A) For purposes of this subsection, the term "H-1B-dependent
    employer" means an employer that - 
        (i)(I) has 25 or fewer full-time equivalent employees who are
      employed in the United States; and (II) employs more than 7 H-1B
      nonimmigrants;
        (ii)(I) has at least 26 but not more than 50 full-time
      equivalent employees who are employed in the United States; and
      (II) employs more than 12 H-1B nonimmigrants; or
        (iii)(I) has at least 51 full-time equivalent employees who are
      employed in the United States; and (II) employs H-1B
      nonimmigrants in a number that is equal to at least 15 percent of
      the number of such full-time equivalent employees.

      (B) For purposes of this subsection - 
        (i) the term "exempt H-1B nonimmigrant" means an H-1B
      nonimmigrant who - 
          (I) receives wages (including cash bonuses and similar
        compensation) at an annual rate equal to at least $60,000; or
          (II) has attained a master's or higher degree (or its
        equivalent) in a specialty related to the intended employment;
        and

        (ii) the term "nonexempt H-1B nonimmigrant" means an H-1B
      nonimmigrant who is not an exempt H-1B nonimmigrant.

      (C) For purposes of subparagraph (A) - 
        (i) in computing the number of full-time equivalent employees
      and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants
      shall not be taken into account during the longer of - 
          (I) the 6-month period beginning on October 21, 1998; or
          (II) the period beginning on October 21, 1998, and ending on
        the date final regulations are issued to carry out this
        paragraph; and

        (ii) any group treated as a single employer under subsection
      (b), (c), (m), or (o) of section 414 of title 26 shall be treated
      as a single employer.

      (4) For purposes of this subsection:
        (A) The term "area of employment" means the area within normal
      commuting distance of the worksite or physical location where the
      work of the H-1B nonimmigrant is or will be performed. If such
      worksite or location is within a Metropolitan Statistical Area,
      any place within such area is deemed to be within the area of
      employment.
        (B) In the case of an application with respect to one or more H-
      1B nonimmigrants by an employer, the employer is considered to
      "displace" a United States worker from a job if the employer lays
      off the worker from a job that is essentially the equivalent of
      the job for which the nonimmigrant or nonimmigrants is or are
      sought. A job shall not be considered to be essentially
      equivalent of another job unless it involves essentially the same
      responsibilities, was held by a United States worker with
      substantially equivalent qualifications and experience, and is
      located in the same area of employment as the other job.
        (C) The term "H-1B nonimmigrant" means an alien admitted or
      provided status as a nonimmigrant described in section
      1101(a)(15)(H)(i)(b) of this title.
        (D)(i) The term "lays off", with respect to a worker - 
          (I) means to cause the worker's loss of employment, other
        than through a discharge for inadequate performance, violation
        of workplace rules, cause, voluntary departure, voluntary
        retirement, or the expiration of a grant or contract (other
        than a temporary employment contract entered into in order to
        evade a condition described in subparagraph (E) or (F) of
        paragraph (1)); but
          (II) does not include any situation in which the worker is
        offered, as an alternative to such loss of employment, a
        similar employment opportunity with the same employer (or, in
        the case of a placement of a worker with another employer under
        paragraph (1)(F), with either employer described in such
        paragraph) at equivalent or higher compensation and benefits
        than the position from which the employee was discharged,
        regardless of whether or not the employee accepts the offer.

        (ii) Nothing in this subparagraph is intended to limit an
      employee's rights under a collective bargaining agreement or
      other employment contract.
        (E) The term "United States worker" means an employee who - 
          (i) is a citizen or national of the United States; or
          (ii) is an alien who is lawfully admitted for permanent
        residence, is admitted as a refugee under section 1157 of this
        title, is granted asylum under section 1158 of this title, or
        is an immigrant otherwise authorized, by this chapter or by the
        Attorney General, to be employed.

      (5)(A) This paragraph shall apply instead of subparagraphs (A)
    through (E) of paragraph (2) in the case of a violation described
    in subparagraph (B), but shall not be construed to limit or affect
    the authority of the Secretary or the Attorney General with respect
    to any other violation.
      (B) The Attorney General shall establish a process for the
    receipt, initial review, and disposition in accordance with this
    paragraph of complaints respecting an employer's failure to meet
    the condition of paragraph (1)(G)(i)(II) or a petitioner's
    misrepresentation of material facts with respect to such condition.
    Complaints may be filed by an aggrieved individual who has
    submitted a resume or otherwise applied in a reasonable manner for
    the job that is the subject of the condition. No proceeding shall
    be conducted under this paragraph on a complaint concerning such a
    failure or misrepresentation unless the Attorney General determines
    that the complaint was filed not later than 12 months after the
    date of the failure or misrepresentation, respectively.
      (C) If the Attorney General finds that a complaint has been filed
    in accordance with subparagraph (B) and there is reasonable cause
    to believe that such a failure or misrepresentation described in
    such complaint has occurred, the Attorney General shall initiate
    binding arbitration proceedings by requesting the Federal Mediation
    and Conciliation Service to appoint an arbitrator from the roster
    of arbitrators maintained by such Service. The procedure and rules
    of such Service shall be applicable to the selection of such
    arbitrator and to such arbitration proceedings. The Attorney
    General shall pay the fee and expenses of the arbitrator.
      (D)(i) The arbitrator shall make findings respecting whether a
    failure or misrepresentation described in subparagraph (B)
    occurred. If the arbitrator concludes that failure or
    misrepresentation was willful, the arbitrator shall make a finding
    to that effect. The arbitrator may not find such a failure or
    misrepresentation (or that such a failure or misrepresentation was
    willful) unless the complainant demonstrates such a failure or
    misrepresentation (or its willful character) by clear and
    convincing evidence. The arbitrator shall transmit the findings in
    the form of a written opinion to the parties to the arbitration and
    the Attorney General. Such findings shall be final and conclusive,
    and, except as provided in this subparagraph, no official or court
    of the United States shall have power or jurisdiction to review any
    such findings.
      (ii) The Attorney General may review and reverse or modify the
    findings of an arbitrator only on the same bases as an award of an
    arbitrator may be vacated or modified under section 10 or 11 of
    title 9.
      (iii) With respect to the findings of an arbitrator, a court may
    review only the actions of the Attorney General under clause (ii)
    and may set aside such actions only on the grounds described in
    subparagraph (A), (B), or (C) of section 706(a)(2) of title 5.
    Notwithstanding any other provision of law, such judicial review
    may only be brought in an appropriate United States court of
    appeals.
      (E) If the Attorney General receives a finding of an arbitrator
    under this paragraph that an employer has failed to meet the
    condition of paragraph (1)(G)(i)(II) or has misrepresented a
    material fact with respect to such condition, unless the Attorney
    General reverses or modifies the finding under subparagraph (D)(ii)
    - 
        (i) the Attorney General may impose administrative remedies
      (including civil monetary penalties in an amount not to exceed
      $1,000 per violation or $5,000 per violation in the case of a
      willful failure or misrepresentation) as the Attorney General
      determines to be appropriate; and
        (ii) the Attorney General is authorized to not approve
      petitions filed, with respect to that employer and for aliens to
      be employed by the employer, under section 1154 or 1184(c) of
      this title - 
          (I) during a period of not more than 1 year; or
          (II) in the case of a willful failure or willful
        misrepresentation, during a period of not more than 2 years.

      (F) The Attorney General shall not delegate, to any other
    employee or official of the Department of Justice, any function of
    the Attorney General under this paragraph, until 60 days after the
    Attorney General has submitted a plan for such delegation to the
    Committees on the Judiciary of the United States House of
    Representatives and the Senate.
    (o) Omitted
    (p) Computation of prevailing wage level
      (1) In computing the prevailing wage level for an occupational
    classification in an area of employment for purposes of subsections
    (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section
    in the case of an employee of - 
        (A) an institution of higher education (as defined in section
      1001(a) of title 20), or a related or affiliated nonprofit
      entity; or
        (B) a nonprofit research organization or a Governmental
      research organization,

    the prevailing wage level shall only take into account employees at
    such institutions and organizations in the area of employment.
      (2) With respect to a professional athlete (as defined in
    subsection (a)(5)(A)(iii)(II) of this section) when the job
    opportunity is covered by professional sports league rules or
    regulations, the wage set forth in those rules or regulations shall
    be considered as not adversely affecting the wages of United States
    workers similarly employed and be considered the prevailing wage.
      (3) The prevailing wage required to be paid pursuant to
    subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of
    this section shall be 100 percent of the wage determined pursuant
    to those sections.
      (4) Where the Secretary of Labor uses, or makes available to
    employers, a governmental survey to determine the prevailing wage,
    such survey shall provide at least 4 levels of wages commensurate
    with experience, education, and the level of supervision. Where an
    existing government survey has only 2 levels, 2 intermediate levels
    may be created by dividing by 3, the difference between the 2
    levels offered, adding the quotient thus obtained to the first
    level and subtracting that quotient from the second level
    (q) Academic honoraria
      Any alien admitted under section 1101(a)(15)(B) of this title may
    accept an honorarium payment and associated incidental expenses for
    a usual academic activity or activities (lasting not longer than 9
    days at any single institution), as defined by the Attorney General
    in consultation with the Secretary of Education, if such payment is
    offered by an institution or organization described in subsection
    (p)(1) of this section and is made for services conducted for the
    benefit of that institution or entity and if the alien has not
    accepted such payment or expenses from more than 5 institutions or
    organizations in the previous 6-month period.
    (r) Exception for certain alien nurses
      Subsection (a)(5)(C) of this section shall not apply to an alien
    who seeks to enter the United States for the purpose of performing
    labor as a nurse who presents to the consular officer (or in the
    case of an adjustment of status, the Attorney General) a certified
    statement from the Commission on Graduates of Foreign Nursing
    Schools (or an equivalent independent credentialing organization
    approved for the certification of nurses under subsection (a)(5)(C)
    of this section by the Attorney General in consultation with the
    Secretary of Health and Human Services) that - 
        (1) the alien has a valid and unrestricted license as a nurse
      in a State where the alien intends to be employed and such State
      verifies that the foreign licenses of alien nurses are authentic
      and unencumbered;
        (2) the alien has passed the National Council Licensure
      Examination (NCLEX);
        (3) the alien is a graduate of a nursing program - 
          (A) in which the language of instruction was English;
          (B) located in a country - 
            (i) designated by such commission not later than 30 days
          after November 12, 1999, based on such commission's
          assessment that the quality of nursing education in that
          country, and the English language proficiency of those who
          complete such programs in that country, justify the country's
          designation; or
            (ii) designated on the basis of such an assessment by
          unanimous agreement of such commission and any equivalent
          credentialing organizations which have been approved under
          subsection (a)(5)(C) of this section for the certification of
          nurses under this subsection; and

          (C)(i) which was in operation on or before November 12, 1999;
        or
          (ii) has been approved by unanimous agreement of such
        commission and any equivalent credentialing organizations which
        have been approved under subsection (a)(5)(C) of this section
        for the certification of nurses under this subsection.
    (s) Consideration of benefits received as battered alien in
      determination of inadmissibility as likely to become public
      charge
      In determining whether an alien described in subsection
    (a)(4)(C)(i) of this section is inadmissible under subsection
    (a)(4) of this section or ineligible to receive an immigrant visa
    or otherwise to adjust to the status of permanent resident by
    reason of subsection (a)(4) of this section, the consular officer
    or the Attorney General shall not consider any benefits the alien
    may have received that were authorized under section 1641(c) of
    this title.
    (t) (!10) Nonimmigrant professionals; labor attestations

      (1) No alien may be admitted or provided status as a nonimmigrant
    under section 1101(a)(15)(H)(i)(b1) of this title or section
    1101(a)(15)(E)(iii) of this title in an occupational classification
    unless the employer has filed with the Secretary of Labor an
    attestation stating the following:
        (A) The employer - 
          (i) is offering and will offer during the period of
        authorized employment to aliens admitted or provided status
        under section 1101(a)(15)(H)(i)(b1) of this title or section
        1101(a)(15)(E)(iii) of this title wages that are at least - 
            (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 attestation; 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 attestation - 
          (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
        provided notice of filing in the occupational classification
        through such methods as physical posting in conspicuous
        locations at the place of employment or electronic notification
        to employees in the occupational classification for which
        nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title
        or section 1101(a)(15)(E)(iii) of this title are sought.

        (D) 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.

      (2)(A) The employer shall make available for public examination,
    within one working day after the date on which an attestation under
    this subsection is filed, at the employer's principal place of
    business or worksite, a copy of each such attestation (and such
    accompanying documents as are necessary).
      (B)(i) The Secretary of Labor shall compile, on a current basis,
    a list (by employer and by occupational classification) of the
    attestations filed under this subsection. Such list shall include,
    with respect to each attestation, the wage rate, number of aliens
    sought, period of intended employment, and date of need.
      (ii) The Secretary of Labor shall make such list available for
    public examination in Washington, D.C.
      (C) The Secretary of Labor shall review an attestation filed
    under this subsection only for completeness and obvious
    inaccuracies. Unless the Secretary of Labor finds that an
    attestation is incomplete or obviously inaccurate, the Secretary of
    Labor shall provide the certification described in section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title within 7 days of the date of the filing of the
    attestation.
      (3)(A) The Secretary of Labor shall establish a process for the
    receipt, investigation, and disposition of complaints respecting
    the failure of an employer to meet a condition specified in an
    attestation submitted under this subsection or misrepresentation by
    the employer of material facts in such an attestation. 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 of Labor shall conduct an investigation
    under this paragraph if there is reasonable cause to believe that
    such a failure or misrepresentation has occurred.
      (B) Under the process described in subparagraph (A), the
    Secretary of Labor shall provide, within 30 days after the date 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 of Labor determines that such a reasonable
    basis exists, the Secretary of Labor shall provide for notice of
    such determination to the interested parties and an opportunity for
    a hearing on the complaint, in accordance with section 556 of title
    5, within 60 days after the date of the determination. If such a
    hearing is requested, the Secretary of Labor shall make a finding
    concerning the matter by not later than 60 days after the date of
    the hearing. In the case of similar complaints respecting the same
    applicant, the Secretary of Labor may consolidate the hearings
    under this subparagraph on such complaints.
      (C)(i) If the Secretary of Labor 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
    paragraph (1)(C) or (1)(D), or a misrepresentation of material fact
    in an attestation - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security 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 of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 1 year for aliens to be
      employed by the employer.

      (ii) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, a willful failure to meet a condition of
    paragraph (1), a willful misrepresentation of material fact in an
    attestation, or a violation of clause (iv) - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security of such finding and may,
      in addition, impose such other administrative remedies (including
      civil monetary penalties in an amount not to exceed $5,000 per
      violation) as the Secretary of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 2 years for aliens to be
      employed by the employer.

      (iii) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, a willful failure to meet a condition of
    paragraph (1) or a willful misrepresentation of material fact in an
    attestation, in the course of which failure or misrepresentation
    the employer displaced a United States worker employed by the
    employer within the period beginning 90 days before and ending 90
    days after the date of filing of any visa petition or application
    supported by the attestation - 
        (I) the Secretary of Labor shall notify the Secretary of State
      and the Secretary of Homeland Security of such finding and may,
      in addition, impose such other administrative remedies (including
      civil monetary penalties in an amount not to exceed $35,000 per
      violation) as the Secretary of Labor determines to be
      appropriate; and
        (II) the Secretary of State or the Secretary of Homeland
      Security, as appropriate, shall not approve petitions or
      applications filed with respect to that employer under section
      1154, 1184(c), 1101(a)(15)(H)(i)(b1), or 1101(a)(15)(E)(iii) of
      this title during a period of at least 3 years for aliens to be
      employed by the employer.

      (iv) It is a violation of this clause for an employer who has
    filed an attestation under this subsection to intimidate, threaten,
    restrain, coerce, blacklist, discharge, or in any other manner
    discriminate against an employee (which term, for purposes of this
    clause, includes a former employee and an applicant for employment)
    because the employee has disclosed information to the employer, or
    to any other person, that the employee reasonably believes
    evidences a violation of this subsection, or any rule or regulation
    pertaining to this subsection, or because the employee cooperates
    or seeks to cooperate in an investigation or other proceeding
    concerning the employer's compliance with the requirements of this
    subsection or any rule or regulation pertaining to this subsection.
      (v) The Secretary of Labor and the Secretary of Homeland Security
    shall devise a process under which a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title who files a complaint regarding a violation of clause
    (iv) and is otherwise eligible to remain and work in the United
    States may be allowed to seek other appropriate employment in the
    United States for a period not to exceed the maximum period of stay
    authorized for such nonimmigrant classification.
      (vi)(I) It is a violation of this clause for an employer who has
    filed an attestation under this subsection to require a
    nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title to pay a penalty for
    ceasing employment with the employer prior to a date agreed to by
    the nonimmigrant and the employer. The Secretary of Labor shall
    determine whether a required payment is a penalty (and not
    liquidated damages) pursuant to relevant State law.
      (II) If the Secretary of Labor finds, after notice and
    opportunity for a hearing, that an employer has committed a
    violation of this clause, the Secretary of Labor may impose a civil
    monetary penalty of $1,000 for each such violation and issue an
    administrative order requiring the return to the nonimmigrant of
    any amount paid in violation of this clause, or, if the
    nonimmigrant cannot be located, requiring payment of any such
    amount to the general fund of the Treasury.
      (vii)(I) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an attestation under this subsection
    and who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1)
    of this title or section 1101(a)(15)(E)(iii) of this title
    designated as a full-time employee in the attestation, after the
    nonimmigrant has entered into employment with the employer, in
    nonproductive status due to a decision by the employer (based on
    factors such as lack of work), or due to the nonimmigrant's lack of
    a permit or license, to fail to pay the nonimmigrant full-time
    wages in accordance with paragraph (1)(A) for all such
    nonproductive time.
      (II) It is a failure to meet a condition of paragraph (1)(A) for
    an employer who has filed an attestation under this subsection and
    who places a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of
    this title or section 1101(a)(15)(E)(iii) of this title designated
    as a part-time employee in the attestation, after the nonimmigrant
    has entered into employment with the employer, in nonproductive
    status under circumstances described in subclause (I), to fail to
    pay such a nonimmigrant for such hours as are designated on the
    attestation consistent with the rate of pay identified on the
    attestation.
      (III) In the case of a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title who has not yet entered into employment with an
    employer who has had approved an attestation under this subsection
    with respect to the nonimmigrant, the provisions of subclauses (I)
    and (II) shall apply to the employer beginning 30 days after the
    date the nonimmigrant first is admitted into the United States, or
    60 days after the date the nonimmigrant becomes eligible to work
    for the employer in the case of a nonimmigrant who is present in
    the United States on the date of the approval of the attestation
    filed with the Secretary of Labor.
      (IV) This clause does not apply to a failure to pay wages to a
    nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title for nonproductive time
    due to non-work-related factors, such as the voluntary request of
    the nonimmigrant for an absence or circumstances rendering the
    nonimmigrant unable to work.
      (V) This clause shall not be construed as prohibiting an employer
    that is a school or other educational institution from applying to
    a nonimmigrant under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title an established salary
    practice of the employer, under which the employer pays to
    nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title or
    section 1101(a)(15)(E)(iii) of this title and United States workers
    in the same occupational classification an annual salary in
    disbursements over fewer than 12 months, if - 
        (aa) the nonimmigrant agrees to the compressed annual salary
      payments prior to the commencement of the employment; and
        (bb) the application of the salary practice to the nonimmigrant
      does not otherwise cause the nonimmigrant to violate any
      condition of the nonimmigrant's authorization under this chapter
      to remain in the United States.

      (VI) This clause shall not be construed as superseding clause
    (viii).
      (viii) It is a failure to meet a condition of paragraph (1)(A)
    for an employer who has filed an attestation under this subsection
    to fail to offer to a nonimmigrant under section
    1101(a)(15)(H)(i)(b1) of this title or section 1101(a)(15)(E)(iii)
    of this title, during the nonimmigrant's period of authorized
    employment, benefits and eligibility for benefits (including the
    opportunity to participate in health, life, disability, and other
    insurance plans; the opportunity to participate in retirement and
    savings plans; and cash bonuses and non-cash compensation, such as
    stock options (whether or not based on performance)) on the same
    basis, and in accordance with the same criteria, as the employer
    offers to United States workers.
      (D) If the Secretary of Labor finds, after notice and opportunity
    for a hearing, that an employer has not paid wages at the wage
    level specified in the attestation and required under paragraph
    (1), the Secretary of Labor 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.
      (E) The Secretary of Labor may, on a case-by-case basis, subject
    an employer to random investigations for a period of up to 5 years,
    beginning on the date on which the employer is found by the
    Secretary of Labor to have committed a willful failure to meet a
    condition of paragraph (1) or to have made a willful
    misrepresentation of material fact in an attestation. The authority
    of the Secretary of Labor under this subparagraph shall not be
    construed to be subject to, or limited by, the requirements of
    subparagraph (A).
      (F) Nothing in this subsection shall be construed as superseding
    or preempting any other enforcement-related authority under this
    chapter (such as the authorities under section 1324b of this
    title), or any other Act.
      (4) For purposes of this subsection:
        (A) The term "area of employment" means the area within normal
      commuting distance of the worksite or physical location where the
      work of the nonimmigrant under section 1101(a)(15)(H)(i)(b1) of
      this title or section 1101(a)(15)(E)(iii) of this title is or
      will be performed. If such worksite or location is within a
      Metropolitan Statistical Area, any place within such area is
      deemed to be within the area of employment.
        (B) In the case of an attestation with respect to one or more
      nonimmigrants under section 1101(a)(15)(H)(i)(b1) of this title
      or section 1101(a)(15)(E)(iii) of this title by an employer, the
      employer is considered to "displace" a United States worker from
      a job if the employer lays off the worker from a job that is
      essentially the equivalent of the job for which the nonimmigrant
      or nonimmigrants is or are sought. A job shall not be considered
      to be essentially equivalent of another job unless it involves
      essentially the same responsibilities, was held by a United
      States worker with substantially equivalent qualifications and
      experience, and is located in the same area of employment as the
      other job.
        (C)(i) The term "lays off", with respect to a worker - 
          (I) means to cause the worker's loss of employment, other
        than through a discharge for inadequate performance, violation
        of workplace rules, cause, voluntary departure, voluntary
        retirement, or the expiration of a grant or contract; but
          (II) does not include any situation in which the worker is
        offered, as an alternative to such loss of employment, a
        similar employment opportunity with the same employer at
        equivalent or higher compensation and benefits than the
        position from which the employee was discharged, regardless of
        whether or not the employee accepts the offer.

        (ii) Nothing in this subparagraph is intended to limit an
      employee's rights under a collective bargaining agreement or
      other employment contract.
        (D) The term "United States worker" means an employee who - 
          (i) is a citizen or national of the United States; or
          (ii) is an alien who is lawfully admitted for permanent
        residence, is admitted as a refugee under section 1157 of this
        title, is granted asylum under section 1158 of this title, or
        is an immigrant otherwise authorized, by this chapter or by the
        Secretary of Homeland Security, to be employed.
    (t) (!11) Foreign residence requirement

      (1) Except as provided in paragraph (2), no person admitted under
    section 1101(a)(15)(Q)(ii)(I) of this title, or acquiring such
    status after admission, shall be eligible to apply for nonimmigrant
    status, an immigrant visa, or permanent residence under this
    chapter until it is established that such person has resided and
    been physically present in the person's country of nationality or
    last residence for an aggregate of at least 2 years following
    departure from the United States.
      (2) The Secretary of Homeland Security may waive the requirement
    of such 2-year foreign residence abroad if the Secretary determines
    that - 
        (A) departure from the United States would impose exceptional
      hardship upon the alien's spouse or child (if such spouse or
      child is a citizen of the United States or an alien lawfully
      admitted for permanent residence); or
        (B) the admission of the alien is in the public interest or the
      national interest of the United States.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 212, 66 Stat. 182;
    July 18, 1956, ch. 629, title III, Sec. 301 (a), 70 Stat. 575; Pub.
    L. 85-508, Sec. 23, July 7, 1958, 72 Stat. 351; Pub. L. 86-3, Sec.
    20(b), Mar. 18, 1959, 73 Stat. 13; Pub. L. 86-648, Sec. 8, July 14,
    1960, 74 Stat. 505; Pub. L. 87-256, Sec. 109(c), Sept. 21, 1961, 75
    Stat. 535; Pub. L. 87-301, Secs. 11-15, Sept. 26, 1961, 75 Stat.
    654, 655; Pub. L. 89-236, Secs. 10, 15, Oct. 3, 1965, 79 Stat. 917,
    919; Pub. L. 91-225, Sec. 2, Apr. 7, 1970, 84 Stat. 116; Pub. L. 94-
    484, title VI, Sec. 601(a), (c), (d), Oct. 12, 1976, 90 Stat.
    2300, 2301; Pub. L. 94-571, Secs. 5, 7(d), Oct. 20, 1976, 90 Stat.
    2705, 2706; Pub. L. 95-83, title III, Sec. 307(q)(1), (2), Aug. 1,
    1977, 91 Stat. 394; Pub. L. 95-549, title I, Secs. 101, 102, Oct.
    30, 1978, 92 Stat. 2065; Pub. L. 96-70, title III, Sec. 3201(b),
    Sept. 27, 1979, 93 Stat. 497; Pub. L. 96-212, title II, Sec.
    203(d), (f), Mar. 17, 1980, 94 Stat. 107; Pub. L. 96-538, title IV,
    Sec. 404, Dec. 17, 1980, 94 Stat. 3192; Pub. L. 97-116, Secs. 4,
    5(a)(1), (2), (b), 18(e), Dec. 29, 1981, 95 Stat. 1611, 1612, 1620;
    Pub. L. 98-454, title VI, Sec. 602[(a)], Oct. 5, 1984, 98 Stat.
    1737; Pub. L. 98-473, title II, Sec. 220(a), Oct. 12, 1984, 98
    Stat. 2028; Pub. L. 99-396, Sec. 14(a), Aug. 27, 1986, 100 Stat.
    842; Pub. L. 99-570, title I, Sec. 1751(a), Oct. 27, 1986, 100
    Stat. 3207-47; Pub. L. 99-639, Sec. 6(a), Nov. 10, 1986, 100 Stat.
    3543; Pub. L. 99-653, Sec. 7(a), Nov. 14, 1986, 100 Stat. 3657;
    Pub. L. 100-204, title VIII, Sec. 806(c), Dec. 22, 1987, 101 Stat.
    1399; Pub. L. 100-525, Secs. 3(1)(A), 7(c)(1), (3), 8(f), 9(i),
    Oct. 24, 1988, 102 Stat. 2614, 2616, 2617, 2620; Pub. L. 100-690,
    title VII, Sec. 7349(a), Nov. 18, 1988, 102 Stat. 4473; Pub. L. 101-
    238, Sec. 3(b), Dec. 18, 1989, 103 Stat. 2100; Pub. L. 101-246,
    title I, Sec. 131(a), (c), Feb. 16, 1990, 104 Stat. 31; Pub. L. 101-
    649, title I, Sec. 162(e)(1), (f)(2)(B), title II, Secs. 202(b),
    205(c)(3), title V, Secs. 511(a), 514(a), title VI, Sec. 601(a),
    (b), (d), Nov. 29, 1990, 104 Stat. 5011, 5012, 5014, 5020, 5052,
    5053, 5067, 5075; Pub. L. 102-232, title III, Secs. 302(e)(6), (9),
    303(a)(5)(B), (6), (7)(B), 306(a)(10), (12), 307(a)-(g), 309(b)(7),
    Dec. 12, 1991, 105 Stat. 1746, 1747, 1751, 1753-1755, 1759; Pub. L.
    103-43, title XX, Sec. 2007(a), June 10, 1993, 107 Stat. 210; Pub.
    L. 103-317, title V, Sec. 506(a), Aug. 26, 1994, 108 Stat. 1765;
    Pub. L. 103-322, title XIII, Sec. 130003(b)(1), Sept. 13, 1994, 108
    Stat. 2024; Pub. L. 103-416, title II, Secs. 203(a), 219(e),
    (z)(1), (5), 220(a), Oct. 25, 1994, 108 Stat. 4311, 4316, 4318,
    4319; Pub. L. 104-132, title IV, Secs. 411, 412, 440(d), Apr. 24,
    1996, 110 Stat. 1268, 1269, 1277; Pub. L. 104-208, div. C, title I,
    Sec. 124(b)(1), title III, Secs. 301(b)(1), (c)(1), 304(b), 305(c),
    306(d), 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6),
    (f)(1)(C)-(F), (3)(A), (g)(1), (4)(B), (10)(A), (H), 322(a)(2)(B),
    341(a), (b), 342(a), 343, 344(a), 345(a), 346(a), 347(a), 348(a),
    349, 351(a), 352(a), 355, title V, Sec. 531(a), title VI, Secs.
    602(a), 622(b), 624(a), 671(e)(3), Sept. 30, 1996, 110 Stat. 3009-
    562, 3009-576, 3009-578, 3009-597, 3009-607, 3009-612, 3009-616,
    3009-619 to 3009-622, 3009-625, 3009-629, 3009-635 to 3009-641,
    3009-644, 3009-674, 3009-689, 3009-695, 3009-698, 3009-723; Pub. L.
    105-73, Sec. 1, Nov. 12, 1997, 111 Stat. 1459; Pub. L. 105-277,
    div. C, title IV, Secs. 412(a)-(c), 413(a)-(e)(1), (f), 415(a),
    431(a), div. G, subdiv. B, title XXII, Sec. 2226(a), Oct. 21, 1998,
    112 Stat. 2681-642 to 2681-651, 2681-654, 2681-658, 2681-820; Pub.
    L. 105-292, title VI, Sec. 604(a), Oct. 27, 1998, 112 Stat. 2814;
    Pub. L. 106-95, Secs. 2(b), 4(a), Nov. 12, 1999, 113 Stat. 1312,
    1317; Pub. L. 106-120, title VIII, Sec. 809, Dec. 3, 1999, 113
    Stat. 1632; Pub. L. 106-313, title I, Secs. 106(c)(2), 107(a), Oct.
    17, 2000, 114 Stat. 1254, 1255; Pub. L. 106-386, div. A, Secs.
    107(e)(3), 111(d), div. B, title V, Secs. 1505(a), (c)(1), (d)-(f),
    1513(e), Oct. 28, 2000, 114 Stat. 1478, 1485, 1525, 1526, 1536;
    Pub. L. 106-395, title II, Sec. 201(b)(1), (2), Oct. 30, 2000, 114
    Stat. 1633, 1634; Pub. L. 106-396, title I, Sec. 101(b)(1), Oct.
    30, 2000, 114 Stat. 1638; Pub. L. 107-56, title IV, Sec. 411(a),
    title X, Sec. 1006(a), Oct. 26, 2001, 115 Stat. 345, 394; Pub. L.
    107-150, Sec. 2(a)(2), Mar. 13, 2002, 116 Stat. 74; Pub. L. 107-
    273, div. C, title I, Sec. 11018(c), Nov. 2, 2002, 116 Stat. 1825;
    Pub. L. 108-77, title IV, Sec. 402(b), (c), Sept. 3, 2003, 117
    Stat. 940, 946; Pub. L. 108-193, Secs. 4(b)(4), 8(a)(2), Dec. 19,
    2003, 117 Stat. 2879, 2886; Pub. L. 108-447, div. J, title IV,
    Secs. 422(a), 423, 424(a)(1), (b), Dec. 8, 2004, 118 Stat. 3353-
    3355; Pub. L. 108-449, Sec. 1(b)(2), Dec. 10, 2004, 118 Stat.
    3470; Pub. L. 108-458, title V, Secs. 5501(a), 5502(a), 5503, Dec.
    17, 2004, 118 Stat. 3740, 3741; Pub. L. 109-13, div. B, title I,
    Secs. 103(a)-(c), 104, title V, Sec. 501(d), May 11, 2005, 119
    Stat. 306-309, 322; Pub. L. 109-162, title VIII, Sec. 802, Jan. 5,
    2006, 119 Stat. 3054; Pub. L. 109-271, Sec. 6(b), Aug. 12, 2006,
    120 Stat. 762.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 107(c) of Pub. L. 108-77,
    see Effective and Termination Dates of 2003 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3(a) of the Torture Victim Protection Act of 1991,
    referred to in subsec. (a)(3)(E)(iii)(II), is section 3(a) of Pub.
    L. 102-256, which is set out as a note under section 1350 of Title
    28, Judiciary and Judicial Procedure.
      Section 301 of the Immigration Act of 1990, referred to in
    subsec. (a)(6)(E)(ii), (9)(B)(iii)(III), is section 301 of Pub. L.
    101-649, which is set out as a note under section 1255a of this
    title.
      Section 112 of the Immigration Act of 1990, referred to in
    subsec. (a)(6)(E)(ii), is section 112 of Pub. L. 101-649, which is
    set out as a note under section 1153 of this title.
      Section 1184(l) of this title, referred to in subsec. (a)(6)(G),
    probably means the subsec. (l) of section 1184, which relates to
    nonimmigrant elementary and secondary school students and was added
    by Pub. L. 104-208, div. C, title VI, Sec. 625(a)(1), Sept. 30,
    1996, 110 Stat. 3009-699, and redesignated subsec.(m) of section
    1184 by Pub. L. 106-386, div. A, Sec. 107(e)(2)(A), Oct. 28, 2000,
    114 Stat. 1478.
      The Social Security Act, referred to in subsec. (m)(6)(B), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and
    XIX of the Act are classified generally to subchapters XVIII (Sec.
    1395 et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter
    7 of Title 42, The Public Health and Welfare. Part A of title XVIII
    of the Act is classified generally to part A (Sec. 1395c et seq.)
    of subchapter XVIII of chapter 7 of Title 42. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.

-COD-
                               CODIFICATION                           
      Subsection (j)(3), which required the Director of the United
    States Information Agency to transmit an annual report to Congress
    on aliens submitting affidavits described in subsection (j)(1)(E)
    of this section, terminated, effective May 15, 2000, pursuant to
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance. See, also, page 193 of
    House Document No. 103-7.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(4)(C)(i)(I). Pub. L. 109-271, Sec.
    6(b)(1)(A)(i), which directed the amendment of subsec.
    (a)(4)(C)(i)(II) by substituting a semicolon for ", or", was
    executed to subsec. (a)(4)(C)(i)(I), to reflect the probable intent
    of Congress. The quoted matter did not appear in subsec.
    (a)(4)(C)(i)(II).
      Subsec. (a)(4)(C)(i)(III). Pub. L. 109-271, Sec. 6(b)(1)(A)(ii),
    added subcl. (III).
      Subsec. (a)(6)(A)(ii)(I). Pub. L. 109-271, Sec. 6(b)(1)(B),
    amended subcl. (I) generally. Prior to amendment, subcl. (I) read
    as follows: "the alien qualifies for immigrant status under
    subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
    1154(a)(1) of this title,".
      Subsec. (a)(9)(B)(iii)(V). Pub. L. 109-162, Sec. 802(a), added
    subcl. (V).
      Subsec. (a)(9)(C)(ii). Pub. L. 109-271, Sec. 6(b)(1)(C),
    substituted "the Secretary of Homeland Security has consented to
    the alien's reapplying for admission." for "the Attorney General
    has consented to the alien's reapplying for admission. The Attorney
    General in the Attorney General's discretion may waive the
    provisions of subsection (a)(9)(C)(i) of this section in the case
    of an alien to whom the Attorney General has granted classification
    under clause (iii), (iv), or (v) of section 1154(a)(1)(A) of this
    title, or classification under clause (ii), (iii), or (iv) of
    section 1154(a)(1)(B) of this title, in any case in which there is
    a connection between - 
        "(1) the alien's having been battered or subjected to extreme
      cruelty; and
        "(2) the alien's - 
          "(A) removal;
          "(B) departure from the United States;
          "(C) reentry or reentries into the United States; or
          "(D) attempted reentry into the United States."
      Subsec. (a)(9)(C)(iii). Pub. L. 109-271, Sec. 6(b)(1)(C), added
    subpar. (iii).
      Subsec. (d)(13), (14). Pub. L. 109-162, Sec. 802(b), substituted
    "Secretary of Homeland Security" for "Attorney General" wherever
    appearing.
      Subsec. (g)(1)(C). Pub. L. 109-271, Sec. 6(b)(2), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows:
    "qualifies for classification under clause (iii) or (iv) of section
    1154(a)(1)(A) of this title or classification under clause (ii) or
    (iii) of section 1154(a)(1)(B) of this title;".
      Subsec. (h)(1)(C). Pub. L. 109-271, Sec. 6(b)(3), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows:
    "the alien qualifies for classification under clause (iii) or (iv)
    of section 1154(a)(1)(A) of this title or classification under
    clause (ii) or (iii) of section 1154(a)(1)(B) of this title; and".
      Subsec. (i)(1). Pub. L. 109-271, Sec. 6(b)(4), substituted "a
    VAWA self-petitioner" for "an alien granted classification under
    clause (iii) or (iv) of section 1154(a)(1)(A) of this title or
    clause (ii) or (iii) of section 1154(a)(1)(B) of this title".
      2005 - Subsec. (a)(3)(B)(i). Pub. L. 109-13, Sec. 103(a),
    reenacted heading without change and amended first sentence of cl.
    (i) generally, substituting general provisions relating to
    inadmissibility of aliens engaging in terrorist activities for
    former provisions relating to inadmissibility of any alien who had
    engaged in a terrorist activity, any alien who a consular officer
    or the Attorney General knew or reasonably believed had engaged in
    terrorist activity, any alien who had incited terrorist activity,
    any alien who was a representative of a foreign terrorist
    organization or group that had publicly endorsed terrorist acts,
    any alien who was a member of a foreign terrorist organization, any
    alien who had used the alien's position of prominence to endorse
    terrorist activity, and any alien who was the spouse or child of an
    alien who had been found inadmissible, if the activity causing the
    alien to be found inadmissible had occurred within the last 5
    years.
      Subsec. (a)(3)(B)(iv). Pub. L. 109-13, Sec. 103(b), reenacted
    heading without change and amended text of cl. (iv) generally,
    substituting provisions defining the term "engage in terrorist
    activity" in subcls. (I) to (VI), including provisions relating to
    demonstration of certain knowledge by clear and convincing
    evidence, for provisions defining the term "engage in terrorist
    activity" in somewhat similar subcls. (I) to (VI) which did not
    include provisions relating to demonstration of certain knowledge
    by clear and convincing evidence.
      Subsec. (a)(3)(B)(vi). Pub. L. 109-13, Sec. 103(c), amended
    heading and text of cl. (vi) generally. Prior to amendment, text
    read as follows: "As used in clause (i)(VI) and clause (iv), the
    term 'terrorist organization' means an organization - 
        "(I) designated under section 1189 of this title;
        "(II) otherwise designated, upon publication in the Federal
      Register, by the Secretary of State in consultation with or upon
      the request of the Attorney General, as a terrorist organization,
      after finding that the organization engages in the activities
      described in subclause (I), (II), or (III) of clause (iv), or
      that the organization provides material support to further
      terrorist activity; or
        "(III) that is a group of two or more individuals, whether
      organized or not, which engages in the activities described in
      subclause (I), (II), or (III) of clause (iv)."
      Subsec. (d)(3). Pub. L. 109-13, Sec. 104, designated existing
    provisions as subpar. (A), redesignated former subpars. (A) and (B)
    as cls. (i) and (ii), respectively, and added subpar. (B).
      Subsec. (t). Pub. L. 109-13, Sec. 501(d)(1), inserted "or section
    1101(a)(15)(E)(iii) of this title" after "section
    1101(a)(15)(H)(i)(b1) of this title" wherever appearing.
      Subsec. (t)(3)(C)(i)(II), (ii)(II), (iii)(II). Pub. L. 109-13,
    Sec. 501(d)(2), substituted "1101(a)(15)(H)(i)(b1), or
    1101(a)(15)(E)(iii)" for "or 1101(a)(15)(H)(i)(b1)".
      2004 - Subsec. (a)(2)(G). Pub. L. 108-458, Sec. 5502(a), amended
    heading and text of subpar. (G) generally. Prior to amendment, text
    read as follows: "Any alien who, while serving as a foreign
    government official, was responsible for or directly carried out,
    at any time during the preceding 24-month period, particularly
    severe violations of religious freedom, as defined in section 6402
    of title 22, and the spouse and children, if any, are
    inadmissible."
      Subsec. (a)(3)(E). Pub. L. 108-458, Sec. 5501(a)(3), which
    directed substitution of "Participants in Nazi persecution,
    genocide, or the commission of any act of torture or extrajudicial
    killing" for "Participants in nazi persecution or genocide" in
    heading, was executed by making the substitution for "Participants
    in Nazi persecutions or genocide" to reflect the probable intent of
    Congress.
      Subsec. (a)(3)(E)(ii). Pub. L. 108-458, Sec. 5501(a)(1),
    substituted "ordered, incited, assisted, or otherwise participated
    in conduct outside the United States that would, if committed in
    the United States or by a United States national, be genocide, as
    defined in section 1091(a) of title 18, is inadmissible" for "has
    engaged in conduct that is defined as genocide for purposes of the
    International Convention on the Prevention and Punishment of
    Genocide is inadmissible".
      Subsec. (a)(3)(E)(iii). Pub. L. 108-458, Sec. 5501(a)(2), added
    cl. (iii).
      Subsec. (d)(3)(A), (B). Pub. L. 108-458, Sec. 5503, substituted
    "and clauses (i) and (ii) of paragraph (3)(E)" for "and (3)(E)".
      Subsec. (n)(1)(E)(ii). Pub. L. 108-447, Sec. 422(a), struck out
    "October 1, 2003," before "by an H-1B-dependent employer".
      Subsec. (n)(2)(G). Pub. L. 108-447, Sec. 424(a)(1), added subpar.
    (G).
      Subsec. (n)(2)(H), (I). Pub. L. 108-447, Sec. 424(b), added
    subpar. (H) and redesignated former subpar. (H) as (I).
      Subsec. (p). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
    redesignation of subsec. (p), relating to consideration of benefits
    received as battered alien in determination of inadmissibility as
    likely to become public charge, as (s), could not be executed
    because of the previous temporary redesignation by Pub. L. 108-77,
    Sec. 402(b)(1). See 2003 Amendment note below.
      Subsec. (p)(3), (4). Pub. L. 108-447, Sec. 423, added pars. (3)
    and (4).
      Subsec. (s). Pub. L. 108-449, Sec. 1(b)(2)(A), which directed
    redesignation of subsec. (p), relating to consideration of benefits
    received as battered alien in determination of inadmissibility as
    likely to become public charge, as (s), could not be executed
    because of the previous redesignation by Pub. L. 108-77, Sec.
    402(b)(1). See 2003 Amendment note below.
      Subsec. (t). Pub. L. 108-449, Sec. 1(b)(2)(B), added subsec. (t)
    relating to foreign residence requirement.
      2003 - Subsec. (d)(13). Pub. L. 108-193, Sec. 8(a)(2),
    redesignated par. (13), relating to Attorney General's
    determination whether a ground for inadmissibility exists with
    respect to a nonimmigrant described in section 1101(a)(15)(U) of
    this title, as (14).
      Subsec. (d)(13)(A). Pub. L. 108-193, Sec. 4(b)(4)(A), inserted ",
    except that the ground for inadmissibility described in subsection
    (a)(4) of this section shall not apply with respect to such a
    nonimmigrant" before period at end.
      Subsec. (d)(13)(B)(i). Pub. L. 108-193, Sec. 4(b)(4)(B)(i),
    amended cl. (i) generally. Prior to amendment, cl. (i) read as
    follows: "paragraphs (1) and (4) of subsection (a) of this section;
    and".
      Subsec. (d)(13)(B)(ii). Pub. L. 108-193, Sec. 4(b)(4)(B)(ii),
    substituted "subsection (a) of this section" for "such subsection"
    and inserted "(4)," after "(3),".
      Subsec. (d)(14). Pub. L. 108-193, Sec. 8(a)(2), redesignated par.
    (13), relating to Attorney General's determination whether a ground
    for inadmissibility exists with respect to a nonimmigrant described
    in section 1101(a)(15)(U) of this title, as (14).
      Subsec. (p). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
    redesignated subsec. (p), relating to consideration of benefits
    received as battered alien in determination of inadmissibility as
    likely to become public charge, as (s). See Effective and
    Termination Dates of 2003 Amendment note below.
      Subsec. (p)(1). Pub. L. 108-77, Secs. 107(c), 402(c), temporarily
    substituted "(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)" for
    "(n)(1)(A)(i)(II) and (a)(5)(A)". See Effective and Termination
    Dates of 2003 Amendment note below.
      Subsec. (s). Pub. L. 108-77, Secs. 107(c), 402(b)(1), temporarily
    redesignated subsec. (p), relating to consideration of benefits
    received as battered alien in determination of inadmissibility as
    likely to become public charge, as (s). See Effective and
    Termination Dates of 2003 Amendment note below.
      Subsec. (t). Pub. L. 108-77, Secs. 107(c), 402(b)(2), temporarily
    added subsec. (t). See Effective and Termination Dates of 2003
    Amendment note below.
      2002 - Subsec. (a)(4)(C)(ii). Pub. L. 107-150 substituted "(and
    any additional sponsor required under section 1183a(f) of this
    title or any alternative sponsor permitted under paragraph (5)(B)
    of such section)" for "(including any additional sponsor required
    under section 1183a(f) of this title)".
      Subsec. (e). Pub. L. 107-273 substituted "section 1184(l)" for
    "section 1184(k)".
      2001 - Subsec. (a)(2)(I). Pub. L. 107-56, Sec. 1006(a), added
    subpar. (I).
      Subsec. (a)(3)(B)(i)(II). Pub. L. 107-56, Sec. 411(a)(1)(C),
    substituted "clause (iv)" for "clause (iii)".
      Subsec. (a)(3)(B)(i)(IV). Pub. L. 107-56, Sec. 411(a)(1)(A)(i),
    amended subcl. (IV) generally. Prior to amendment, subcl. (IV) read
    as follows: "is a representative (as defined in clause (iv)) of a
    foreign terrorist organization, as designated by the Secretary
    under section 1189 of this title, or".
      Subsec. (a)(3)(B)(i)(V). Pub. L. 107-56, Sec. 411(a)(1)(A)(ii),
    inserted "or" after "section 1189 of this title,".
      Subsec. (a)(3)(B)(i)(VI), (VII). Pub. L. 107-56, Sec.
    411(a)(1)(A)(iii), which directed addition of subcls. (VI) and
    (VII) at end of cl. (i), was executed by making the addition after
    subcl. (V) and before concluding provisions of cl. (i) to reflect
    the probable intent of Congress.
      Subsec. (a)(3)(B)(ii). Pub. L. 107-56, Sec. 411(a)(1)(D), added
    cl. (ii). Former cl. (ii) redesignated (iii).
      Subsec. (a)(3)(B)(iii). Pub. L. 107-56, Sec. 411(a)(1)(E)(i),
    inserted "it had been" before "committed in the United States" in
    introductory provisions.
      Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (ii) as
    (iii). Former cl. (iii) redesignated (iv).
      Subsec. (a)(3)(B)(iii)(V)(b). Pub. L. 107-56, Sec.
    411(a)(1)(E)(ii), substituted ", firearm, or other weapon or
    dangerous device" for "or firearm".
      Subsec. (a)(3)(B)(iv). Pub. L. 107-56, Sec. 411(a)(1)(F),
    reenacted heading without change and amended text of cl. (iv)
    generally. Prior to amendment, text read as follows: "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
      documentation or 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."
      Pub. L. 107-56, Sec. 411(a)(1)(B), redesignated cl. (iii) as
    (iv). Former cl. (iv) redesignated (v).
      Subsec. (a)(3)(B)(v). Pub. L. 107-56, Sec. 411(a)(1)(B),
    redesignated cl. (iv) as (v).
      Subsec. (a)(3)(B)(vi). Pub. L. 107-56, Sec. 411(a)(1)(G), added
    cl. (vi).
      Subsec. (a)(3)(F). Pub. L. 107-56, Sec. 411(a)(2), added subpar.
    (F).
      2000 - Subsec. (a)(2)(H). Pub. L. 106-386, Sec. 111(d), added
    subpar. (H).
      Subsec. (a)(5)(A)(iv). Pub. L. 106-313, Sec. 106(c)(2), added cl.
    (iv).
      Subsec. (a)(6)(C)(ii). Pub. L. 106-395, Sec. 201(b)(2), amended
    heading and text of cl. (ii) generally. Prior to amendment, text
    read as follows: "Any alien who falsely represents, or has falsely
    represented, himself or herself to be a citizen of the United
    States for any purpose or benefit under this chapter (including
    section 1324a of this title) or any other Federal or State law is
    inadmissible."
      Subsec. (a)(7)(B)(iv). Pub. L. 106-396 struck out "pilot" before
    "program" in heading and text.
      Subsec. (a)(9)(C)(ii). Pub. L. 106-386, Sec. 1505(a), inserted at
    end "The Attorney General in the Attorney General's discretion may
    waive the provisions of subsection (a)(9)(C)(i) of this section in
    the case of an alien to whom the Attorney General has granted
    classification under clause (iii), (iv), or (v) of section
    1154(a)(1)(A) of this title, or classification under clause (ii),
    (iii), or (iv) of section 1154(a)(1)(B) of this title, in any case
    in which there is a connection between - " and added subcls. (1)
    and (2).
      Subsec. (a)(10)(D). Pub. L. 106-395, Sec. 201(b)(1), amended
    heading and text of subpar. (D) generally. Prior to amendment, text
    read as follows: "Any alien who has voted in violation of any
    Federal, State, or local constitutional provision, statute,
    ordinance, or regulation is inadmissible."
      Subsec. (d)(13). Pub. L. 106-386, Sec. 1513(e), added par. (13)
    relating to Attorney General's determination whether a ground for
    inadmissibility exists with respect to a nonimmigrant described in
    section 1101(a)(15)(U) of this title.
      Pub. L. 106-386, Sec. 107(e)(3), added par. (13) relating to
    Attorney General's determination whether a ground for
    inadmissibility exists with respect to a nonimmigrant described in
    section 1101(a)(15)(T) of this title.
      Subsec. (g)(1)(C). Pub. L. 106-386, Sec. 1505(d), added subpar.
    (C).
      Subsec. (h)(1)(C). Pub. L. 106-386, Sec. 1505(e), added subpar.
    (C).
      Subsec. (i)(1). Pub. L. 106-386, Sec. 1505(c)(1), inserted before
    period at end "or, in the case of an alien granted classification
    under clause (iii) or (iv) of section 1154(a)(1)(A) of this title
    or clause (ii) or (iii) of section 1154(a)(1)(B) of this title, the
    alien demonstrates extreme hardship to the alien or the alien's
    United States citizen, lawful permanent resident, or qualified
    alien parent or child".
      Subsec. (n)(1)(E)(ii). Pub. L. 106-313, Sec. 107(a), substituted
    "October 1, 2003" for "October 1, 2001".
      Subsec. (p). Pub. L. 106-386, Sec. 1505(f), added subsec. (p)
    relating to consideration of benefits received as battered alien in
    determination of inadmissibility as likely to become public charge.
      1999 - Subsec. (a)(2)(C). Pub. L. 106-120 amended heading and
    text of subpar. (C) generally. Prior to amendment, text read as
    follows: "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 inadmissible."
      Subsec. (a)(5)(C). Pub. L. 106-95, Sec. 4(a)(2), substituted
    "Subject to subsection (r) of this section, any alien who seeks"
    for "Any alien who seeks" in introductory provisions.
      Subsec. (m). Pub. L. 106-95, Sec. 2(b), amended subsec. (m)
    generally, adding provisions providing that no more than 33 percent
    of a facility's workforce may be nonimmigrant aliens and making
    issuance of visas dependent upon State populations, and revising
    period of admission from a maximum of 6 years to 3 years.
      Subsec. (r). Pub. L. 106-95, Sec. 4(a)(1), added subsec. (r).
      1998 - Subsec. (a)(2)(G). Pub. L. 105-292 added subpar. (G).
      Subsec. (a)(10)(C)(ii), (iii). Pub. L. 105-277, Sec. 2226(a),
    added cls. (ii) and (iii) and struck out heading and text of former
    cl. (ii). Text read as follows: "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."
      Subsec. (n)(1). Pub. L. 105-277, Sec. 412(b)(2), substituted "an
    H-1B nonimmigrant" for "a nonimmigrant described in section
    1101(a)(15)(H)(i)(b) of this title" in introductory provisions.
      Pub. L. 105-277, Sec. 412(a)(2), (3), inserted at end "The
    application form shall include a clear statement explaining the
    liability under subparagraph (F) of a placing employer if the other
    employer described in such subparagraph displaces a United States
    worker as described in such subparagraph. Nothing in subparagraph
    (G) shall be construed to prohibit an employer from using
    legitimate selection criteria relevant to the job that are normal
    or customary to the type of job involved, so long as such criteria
    are not applied in a discriminatory manner."
      Subsec. (n)(1)(A)(i). Pub. L. 105-277, Sec. 412(b)(2),
    substituted "an H-1B nonimmigrant" for "a nonimmigrant described in
    section 1101(a)(15)(H)(i)(b) of this title" in introductory
    provisions.
      Subsec. (n)(1)(C)(ii). Pub. L. 105-277, Sec. 412(c), amended cl.
    (ii) generally. Prior to amendment, cl. (ii) read as follows: "if
    there is no such bargaining representative, has posted notice of
    filing in conspicuous locations at the place of employment."
      Subsec. (n)(1)(E) to (G). Pub. L. 105-277, Sec. 412(a)(1), added
    subpars. (E) to (G).
      Subsec. (n)(2)(A). Pub. L. 105-277, Sec. 413(b)(2), substituted
    "Subject to paragraph (5)(A), the Secretary" for "The Secretary" in
    first sentence.
      Subsec. (n)(2)(C). Pub. L. 105-277, Sec. 413(a), amended subpar.
    (C) generally. Prior to amendment, subpar. (C) read as follows: "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 section 1154 or 1184(c) of
      this title during a period of at least 1 year for aliens to be
      employed by the employer."
      Subsec. (n)(2)(E). Pub. L. 105-277, Sec. 413(c), added subpar.
    (E).
      Subsec. (n)(2)(F). Pub. L. 105-277, Sec. 413(d), added subpar.
    (F).
      Subsec. (n)(2)(G). Pub. L. 105-277, Sec. 413(e), temporarily
    added subpar. (G). See Effective and Termination Dates of 1998
    Amendments note below.
      Subsec. (n)(2)(H). Pub. L. 105-277, Sec. 413(f), added subpar.
    (H).
      Subsec. (n)(3), (4). Pub. L. 105-277, Sec. 412(b)(1), added pars.
    (3) and (4).
      Subsec. (n)(5). Pub. L. 105-277, Sec. 413(b)(1), added par. (5).
      Subsec. (p). Pub. L. 105-277, Sec. 415(a), added subsec. (p)
    relating to computation of prevailing wage level.
      Subsec. (q). Pub. L. 105-277, Sec. 431(a), added subsec. (q).
      1997 - Subsec. (a)(1)(A)(ii). Pub. L. 105-73, Sec. 1(1), inserted
    "except as provided in subparagraph (C)," after "(ii)".
      Subsec. (a)(1)(C). Pub. L. 105-73, Sec. 1(2), added subpar. (C).
      1996 - Pub. L. 104-208, Sec. 308(d)(1)(A), amended section
    catchline.
      Subsec. (a). Pub. L. 104-208, Sec. 308(d)(1)(C), substituted "is
    inadmissible" for "is excludable" wherever appearing in pars. (1)
    to (5), (6)(C) to (E), (G), (7), (8), (10)(A), (C)(i), (D), and
    (E).
      Pub. L. 104-208, Sec. 308(d)(1)(B), substituted "aliens
    ineligible for visas or admission" for "excludable aliens" in
    heading and substituted "Except as otherwise provided in this
    chapter, aliens who are inadmissible under the following paragraphs
    are ineligible to receive visas and ineligible to be admitted to
    the United States:" for "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:" in introductory provisions.
      Subsec. (a)(1)(A)(ii) to (iv). Pub. L. 104-208, Sec. 341(a),
    added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii)
    and (iv), respectively.
      Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 322(a)(2)(B), struck out
    "actually imposed" after "confinement".
      Subsec. (a)(2)(D)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(C),
    substituted "admission" for "entry".
      Subsec. (a)(3)(B)(i)(I). Pub. L. 104-132, Sec. 411(1)(A), struck
    out "or" at end.
      Subsec. (a)(3)(B)(i)(II). Pub. L. 104-132, Sec. 411(1)(B),
    inserted "is engaged in or" after "ground to believe,".
      Subsec. (a)(3)(B)(i)(III). Pub. L. 104-208, Sec. 342(a)(2), added
    subcl. (III). Former subcl. (III) redesignated (IV).
      Pub. L. 104-132, Sec. 411(1)(C), added subcl. (III).
      Subsec. (a)(3)(B)(i)(IV). Pub. L. 104-208, Sec. 355, inserted
    "which the alien knows or should have known is a terrorist
    organization" after "1189 of this title,".
      Pub. L. 104-208, Sec. 342(a)(1), redesignated subcl. (III) as
    (IV). Former subcl. (IV) redesignated (V).
      Pub. L. 104-132, Sec. 411(1)(C), added subcl. (IV).
      Subsec. (a)(3)(B)(i)(V). Pub. L. 104-208, Sec. 342(a)(1),
    redesignated subcl. (IV) as (V).
      Subsec. (a)(3)(B)(iii)(III). Pub. L. 104-208, Sec. 342(a)(3),
    inserted "documentation or" before "identification".
      Subsec. (a)(3)(B)(iv). Pub. L. 104-132, Sec. 411(2), added cl.
    (iv).
      Subsec. (a)(4). Pub. L. 104-208, Sec. 531(a), amended heading and
    text of par. (4) generally. Prior to amendment, text read as
    follows: "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."
      Pub. L. 104-208, Sec. 305(c), which directed amendment of par.
    (4) by substituting "1227(a)(5)(B)" for "1251(a)(5)(B)" each place
    it appears, could not be executed because "1251(a)(5)(B)" did not
    appear in par. (4).
      Subsec. (a)(5)(A)(iii). Pub. L. 104-208, Sec. 624(a), added cl.
    (iii).
      Subsec. (a)(5)(C). Pub. L. 104-208, Sec. 343(2), added subpar.
    (C). Former subpar. (C) redesignated (D).
      Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
    for "exclusion".
      Subsec. (a)(5)(D). Pub. L. 104-208, Sec. 343(1), redesignated
    subpar. (C) as (D).
      Subsec. (a)(6)(A). Pub. L. 104-208, Sec. 301(c)(1), amended
    heading and text generally. Prior to amendment, text read as
    follows: "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."
      Subsec. (a)(6)(B). Pub. L. 104-208, Sec. 301(c)(1), amended
    heading and text generally. Prior to amendment, text read as
    follows: "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 section 1252(b) of this title,
    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."
      Subsec. (a)(6)(C)(i). Pub. L. 104-208, Sec. 308(f)(1)(D),
    substituted "admission" for "entry".
      Subsec. (a)(6)(C)(ii), (iii). Pub. L. 104-208, Sec. 344(a), added
    cl. (ii) and redesignated former cl. (ii) as (iii).
      Subsec. (a)(6)(F). Pub. L. 104-208, Sec. 345(a)(1), amended
    heading and text of subpar. (F) generally. Prior to amendment, text
    read as follows: "An alien who is the subject of a final order for
    violation of section 1324c of this title is excludable."
      Subsec. (a)(6)(G). Pub. L. 104-208, Sec. 346(a), added subpar.
    (G).
      Subsec. (a)(9). Pub. L. 104-208, Sec. 301(b)(1), added par. (9).
    Former par. (9) redesignated (10).
      Subsec. (a)(10). Pub. L. 104-208, Sec. 301(b)(1), redesignated
    par. (9) as (10).
      Subsec. (a)(10)(B). Pub. L. 104-208, Sec. 308(c)(2)(B), amended
    heading and text of subpar. (B) generally. Prior to amendment, text
    read as follows: "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 section
    1227(e) of this title, whose protection or guardianship is required
    by the alien ordered excluded and deported, is excludable."
      Subsec. (a)(10)(D). Pub. L. 104-208, Sec. 347(a), added subpar.
    (D).
      Subsec. (a)(10)(E). Pub. L. 104-208, Sec. 352(a), added subpar.
    (E).
      Subsec. (b). Pub. L. 104-208, Sec. 308(d)(1)(F), which directed
    amendment of par. (2) by striking "or ineligible for entry", was
    executed by striking the language in par. (1)(B) before "or
    adjustment", to reflect the probable intent of Congress and the
    intervening redesignation of par. (2) as par. (1)(B) by Pub. L. 104-
    132, Sec. 412(1). See below.
      Pub. L. 104-208, Sec. 308(d)(1)(E), substituted "inadmissible"
    for "excludable" wherever appearing.
      Pub. L. 104-132, Sec. 412, designated existing provisions as par.
    (1), substituted "Subject to paragraphs (2) and (3), if" for "If",
    redesignated former pars. (1) and (2) as subpars. (A) and (B),
    respectively, realigned margins, and added pars. (2) and (3).
      Subsec. (c). Pub. L. 104-208, Sec. 304(b), struck out subsec. (c)
    which read as follows: "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 section 1181(b) of this title. This subsection
    shall not apply to an alien who is deportable by reason of having
    committed any criminal offense covered in section
    1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
    covered by section 1227(a)(2)(A)(ii) of this title for which both
    predicate offenses are, without regard to the date of their
    commission, otherwise covered by section 1227(a)(2)(A)(i) of this
    title."
      Pub. L. 104-132, Sec. 440(d)(2), as amended by Pub. L. 104-208,
    Secs. 306(d), 308(g)(1), (10)(H), substituted "is deportable by
    reason of having committed any criminal offense covered in section
    1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any offense
    covered by section 1227(a)(2)(A)(ii) of this title for which both
    predicate offenses are, without regard to the date of their
    commission, otherwise covered by section 1227(a)(2)(A)(i) of this
    title." for "has been convicted of one or more aggravated felonies
    and has served for such felony or felonies a term of imprisonment
    of at least 5 years."
      Pub. L. 104-132, Sec. 440(d)(1), substituted "This" for "The
    first sentence of this" in third sentence.
      Subsec. (d)(1). Pub. L. 104-208, Sec. 308(e)(1)(B), substituted
    "removal" for "deportation".
      Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
    for "exclusion".
      Subsec. (d)(3). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
    "inadmissible aliens" for "excludable aliens".
      Subsec. (d)(4). Pub. L. 104-208, Sec. 308(g)(1), substituted
    "section 1223(c)" for "section 1228(c)".
      Subsec. (d)(5)(A). Pub. L. 104-208, Sec. 602(a), substituted
    "only on a case-by-case basis for urgent humanitarian reasons or
    significant public benefit" for "for emergent reasons or for
    reasons deemed strictly in the public interest".
      Subsec. (d)(7). Pub. L. 104-208, Sec. 308(g)(4)(B), substituted
    "section 1231(c)" for "section 1227(a)".
      Pub. L. 104-208, Sec. 308(e)(2)(A), substituted "removed" for
    "deported".
      Pub. L. 104-208, Sec. 308(d)(1)(G), substituted "denied
    admission" for "excluded from admission".
      Subsec. (d)(11). Pub. L. 104-208, Sec. 671(e)(3), inserted comma
    after "(4) thereof)".
      Pub. L. 104-208, Sec. 351(a), inserted "an individual who at the
    time of such action was" after "aided only".
      Pub. L. 104-208, Sec. 308(e)(1)(C), substituted "removal" for
    "deportation".
      Subsec. (d)(12). Pub. L. 104-208, Sec. 345(a)(2), added par.
    (12).
      Subsec. (e). Pub. L. 104-208, Sec. 622(b), inserted ", or in the
    case of a waiver requested by an interested United States
    Government agency on behalf of an alien described in clause (iii),"
    before "the waiver shall be subject to".
      Subsec. (f). Pub. L. 104-208, Sec. 124(b)(1), inserted at end
    "Whenever the Attorney General finds that a commercial airline has
    failed to comply with regulations of the Attorney General relating
    to requirements of airlines for the detection of fraudulent
    documents used by passengers traveling to the United States
    (including the training of personnel in such detection), the
    Attorney General may suspend the entry of some or all aliens
    transported to the United States by such airline."
      Subsec. (g). Pub. L. 104-208, Sec. 341(b), substituted a
    semicolon for ", or" at end of par. (1)(B), inserted "in accordance
    with such terms, conditions, and controls, if any, including the
    giving of bond, as the Attorney General, in the discretion of the
    Attorney General after consultation with the Secretary of Health
    and Human Services, may by regulation prescribe;" as par. (1)
    concluding provisions, and substituted pars. (2) and (3) for former
    par. (2) and concluding provisions which read as follows:
        "(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."
      Subsec. (h). Pub. L. 104-208, Sec. 348(a), inserted at end of
    concluding provisions "No waiver shall be granted under this
    subsection in the case of an alien who has previously been admitted
    to the United States as an alien lawfully admitted for permanent
    residence if either since the date of such admission the alien has
    been convicted of an aggravated felony or the alien has not
    lawfully resided continuously in the United States for a period of
    not less than 7 years immediately preceding the date of initiation
    of proceedings to remove the alien from the United States. No court
    shall have jurisdiction to review a decision of the Attorney
    General to grant or deny a waiver under this subsection."
      Pub. L. 104-208, Sec. 308(g)(10)(A), which directed substitution
    of "paragraphs (1) and (2) of section 1229b(a) of this title" for
    "subsection (c) of this section", could not be executed because the
    language "subsection (c) of this section" did not appear.
      Subsec. (h)(1)(A)(i). Pub. L. 104-208, Sec. 308(f)(1)(E),
    substituted "admission" for "entry".
      Pub. L. 104-208, Sec. 308(d)(1)(E), substituted "inadmissible"
    for "excludable" in two places.
      Subsec. (h)(1)(B). Pub. L. 104-208, Sec. 308(d)(1)(H),
    substituted "denial of admission" for "exclusion".
      Subsec. (i). Pub. L. 104-208, Sec. 349, amended subsec. (i)
    generally. Prior to amendment, subsec. (i) read as follows: "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."
      Subsec. (j)(1)(D). Pub. L. 104-208, Sec. 308(f)(1)(F),
    substituted "admission" for "entry" in introductory provisions.
      Subsec. (j)(1)(D)(ii). Pub. L. 104-208, Sec. 308(f)(3)(A),
    substituted "is admitted to" for "enters".
      Subsec. (k). Pub. L. 104-208, Sec. 308(d)(1)(E), substituted
    "inadmissible" for "excludable".
      Pub. L. 104-208, Sec. 308(d)(1)(D), substituted "inadmissibility"
    for "exclusion".
      Subsec. (l)(2)(B). Pub. L. 104-208, Sec. 308(e)(6), substituted
    "removal of" for "deportation against".
      1994 - Subsec. (a)(2)(A)(i)(I). Pub. L. 103-416, Sec. 203(a)(1),
    inserted "or an attempt or conspiracy to commit such a crime" after
    "offense)".
      Subsec. (a)(2)(A)(i)(II). Pub. L. 103-416, Sec. 203(a)(2),
    inserted "or attempt" after "conspiracy".
      Subsec. (a)(5)(C). Pub. L. 103-416, Sec. 219(z)(5), amended
    directory language of Pub. L. 102-232, Sec. 307(a)(6). See 1991
    Amendment note below.
      Subsec. (d)(1). Pub. L. 103-322 added par. (1).
      Subsec. (d)(11). Pub. L. 103-416, Sec. 219(e), substituted
    "voluntarily" for "voluntary".
      Subsec. (e). Pub. L. 103-416, Sec. 220(a), in first proviso,
    inserted "(or, in the case of an alien described in clause (iii),
    pursuant to the request of a State Department of Public Health, or
    its equivalent)" after "interested United States Government agency"
    and "except that in the case of a waiver requested by a State
    Department of Public Health, or its equivalent the waiver shall be
    subject to the requirements of section 1184(k) of this title" after
    "public interest".
      Subsec. (h). Pub. L. 103-416, Sec. 203(a)(3), inserted before
    period at end ", or an attempt or conspiracy to commit murder or a
    criminal act involving torture".
      Subsec. (n)(1)(A)(i). Pub. L. 103-416, Sec. 219(z)(1), made
    technical correction to Pub. L. 102-232, Sec. 303(a)(7)(B)(i). See
    1991 Amendment note below.
      Subsec. (o). Pub. L. 103-317, Sec. 506(a), (c), temporarily added
    subsec. (o) which read as follows: "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 section 1160 or 1255a of this title or section 202 of the
      Immigration Reform and Control Act of 1986 at any date, who - 
          "(A) as of May 5, 1988, was the unmarried child or spouse of
        the individual who obtained temporary or permanent resident
        status under section 1160 or 1255a of this title or section 202
        of the Immigration Reform and Control Act of 1986;
          "(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."
    See Effective and Termination Dates of 1994 Amendments note below.
      1993 - Subsec. (a)(1)(A)(i). Pub. L. 103-43 inserted at end
    "which shall include infection with the etiologic agent for
    acquired immune deficiency syndrome,".
      1991 - Subsec. (a)(1)(A)(ii)(II). Pub. L. 102-232, Sec.
    307(a)(1), inserted "or" at end.
      Subsec. (a)(3)(A)(i). Pub. L. 102-232, Sec. 307(a)(2), inserted
    "(I)" after "any activity" and "(II)" after "sabotage or".
      Subsec. (a)(3)(B)(iii)(III). Pub. L. 102-232, Sec. 307(a)(3),
    substituted "a terrorist activity" for "an act of terrorist
    activity".
      Subsec. (a)(3)(C)(iv). Pub. L. 102-232, Sec. 307(a)(5),
    substituted "identity" for "identities".
      Subsec. (a)(3)(D)(iv). Pub. L. 102-232, Sec. 307(a)(4),
    substituted "if the immigrant" for "if the alien".
      Subsec. (a)(5). Pub. L. 102-232, Sec. 302(e)(6), repealed Pub. L.
    101-649, Sec. 162(e)(1). See 1990 Amendment note below.
      Subsec. (a)(5)(C). Pub. L. 102-232, Sec. 307(a)(6), as amended by
    Pub. L. 103-416, Sec. 219(z)(5), substituted "immigrants seeking
    admission or adjustment of status under paragraph (2) or (3) of
    section 1153(b) of this title" for "preference immigrant aliens
    described in paragraph (3) or (6) of section 1153(a) of this title
    and to nonpreference immigrant aliens described in section
    1153(a)(7) of this title".
      Subsec. (a)(6)(B). Pub. L. 102-232, Sec. 307(a)(7), in closing
    provisions, substituted "(a) who seeks" for "who seeks", ", or (b)
    who seeks admission" for "(or", and "felony," for "felony)".
      Subsec. (a)(6)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(a)(8),
    added cl. (ii) and redesignated former cl. (ii) as (iii).
      Subsec. (a)(8)(B). Pub. L. 102-232, Sec. 307(a)(9), substituted
    "person" for "alien" after "Any".
      Subsec. (a)(9)(C)(i). Pub. L. 102-232, Sec. 307(a)(10)(A),
    substituted "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" for "a court order granting custody to a
    citizen of the United States of a child having a lawful claim to
    United States citizenship, detains, retains, or withholds custody
    of the child outside the United States from the United States
    citizen granted custody, is excludable until the child is
    surrendered to such United States citizen".
      Subsec. (a)(9)(C)(ii). Pub. L. 102-232, Sec. 307(a)(10)(B),
    substituted "so long as the child is located in a foreign state
    that is a party" for "to an alien who is a national of a foreign
    state that is a signatory".
      Subsec. (a)(17). Pub. L. 102-232, Sec. 306(a)(12), amended Pub.
    L. 101-649, Sec. 514(a). See 1990 Amendment note below.
      Subsec. (c). Pub. L. 102-232, Sec. 307(b), substituted
    "paragraphs (3) and (9)(C)" for "subparagraphs (A), (B), (C), or
    (E) of paragraph (3)".
      Pub. L. 102-232, Sec. 306(a)(10), substituted "one or more
    aggravated felonies and has served for such felony or felonies" for
    "an aggravated felony and has served".
      Subsec. (d)(3). Pub. L. 102-232, Sec. 307(c), substituted
    "(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii)," for "(3)(A)," in two
    places and "(3)(E)" for "(3)(D)" in two places.
      Subsec. (d)(11). Pub. L. 102-232, Sec. 307(d), inserted "and in
    the case of an alien seeking admission or adjustment of status as
    an immediate relative or immigrant under section 1153(a) of this
    title (other than paragraph (4) thereof)" after "section 1181(b) of
    this title".
      Subsec. (g)(1). Pub. L. 102-232, Sec. 307(e), substituted
    "subsection (a)(1)(A)(i)" for "section (a)(1)(A)(i)".
      Subsec. (h). Pub. L. 102-232, Sec. 307(f)(1), struck out "in the
    case of an immigrant who is the spouse, parent, son, or daughter of
    a citizen of the United States or alien lawfully admitted for
    permanent residence" after "marijuana" in introductory provisions.
      Subsec. (h)(1). Pub. L. 102-232, Sec. 307(f)(2), designated
    existing provisions as subpar. (A) and inserted "in the case of any
    immigrant" in introductory provisions, redesignated former subpars.
    (A) to (C) as cls. (i) to (iii), respectively, struck out "and" at
    end of cl. (i), substituted "or" for "and" at end of cl. (iii), and
    added subpar. (B).
      Subsec. (i). Pub. L. 102-232, Sec. 307(g), substituted
    "immigrant" and "immigrant's" for "alien" and "alien's",
    respectively, wherever appearing.
      Subsec. (j)(1)(D). Pub. L. 102-232, Sec. 309(b)(7), substituted
    "United States Information Agency" for "International Communication
    Agency".
      Subsec. (j)(2). Pub. L. 102-232, Sec. 303(a)(5)(B), added par.
    (2) and struck out former par. (2) which related to inapplicability
    of par. (1)(A) and (B)(ii)(I) requirements between effective date
    of subsec. and Dec. 31, 1983.
      Subsec. (j)(3). Pub. L. 102-232, Sec. 309(b)(7), substituted
    "United States Information Agency" for "International Communication
    Agency".
      Subsec. (m)(2)(A). Pub. L. 102-232, Sec. 302(e)(9), inserted,
    after first sentence of closing provisions, sentence relating to
    attestation that facility will not replace nurse with nonimmigrant
    for period of one year after layoff.
      Subsec. (n)(1). Pub. L. 102-232, Sec. 303(a)(7)(B)(ii), (iii),
    redesignated matter after first sentence of subpar. (D) as closing
    provisions of par. (1), substituted "(and such accompanying
    documents as are necessary)" for "(and accompanying
    documentation)", and inserted last two sentences providing for
    review and certification by Secretary of Labor.
      Subsec. (n)(1)(A)(i). Pub. L. 102-232, Sec. 303(a)(7)(B)(i), as
    amended by Pub. L. 103-416, Sec. 219(z)(1), in introductory
    provisions substituted "admitted or provided status as a
    nonimmigrant described in section 1101(a)(15)(H)(i)(b) of this
    title" for "and to other individuals employed in the occupational
    classification and in the area of employment", in closing
    provisions substituted "based on the best information available"
    for "determined", and amended subcl. (I) generally. Prior to
    amendment, subcl. (I) read as follows: "the actual wage level for
    the occupational classification at the place of employment, or".
      Subsec. (n)(1)(A)(ii). Pub. L. 102-232, Sec. 303(a)(6),
    substituted "for such a nonimmigrant" for "for such aliens".
      Subsec. (n)(1)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(iii),
    redesignated matter after first sentence as closing provisions of
    par. (1).
      Subsec. (n)(2)(C). Pub. L. 102-232, Sec. 303(a)(7)(B)(iv),
    substituted "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" for "(or a
    substantial failure in the case of a condition described in
    subparagraph (C) or (D) of paragraph (1)) or misrepresentation".
      Subsec. (n)(2)(D). Pub. L. 102-232, Sec. 303(a)(7)(B)(v), (vi),
    substituted "If" for "In addition to the sanctions provided under
    subparagraph (C), if" and inserted before period at end ", whether
    or not a penalty under subparagraph (C) has been imposed".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 601(a), amended subsec.
    (a) generally, decreasing number of classes of excludable aliens
    from 34 to 9 by broadening descriptions of such classes.
      Pub. L. 101-649, Sec. 514(a), as amended by Pub. L. 102-232, Sec.
    306(a)(12), substituted "20 years" for "ten years" in par. (17).
      Pub. L. 101-649, Sec. 162(e)(1), which provided that par. (5) is
    amended in subpar. (A), by striking "Any alien who seeks to enter
    the United States for the purpose of performing skilled or
    unskilled labor" and inserting "Any alien who seeks admission or
    status as an immigrant under paragraph (2) or (3) of section
    1153(b) of this title, in subpar. (B), by inserting "who seeks
    admission or status as an immigrant under paragraph (2) or (3) of
    section 1153(b) of this title" after "An alien" the first place it
    appears, and by striking subpar. (C), was repealed by Pub. L. 102-
    232, Sec. 302(e)(6). See Construction of 1990 Amendment note
    below.
      Pub. L. 101-246, Sec. 131(a), added par. (34) which read as
    follows: "Any alien who has committed in the United States any
    serious criminal offense, as defined in section 1101(h) of this
    title, for whom immunity from criminal jurisdiction was exercised
    with respect to that offense, who as a consequence of the offense
    and the exercise of immunity has departed the United States, and
    who has not subsequently submitted fully to the jurisdiction of the
    court in the United States with jurisdiction over the offense."
      Subsec. (b). Pub. L. 101-649, Sec. 601(b), added subsec. (b) and
    struck out former subsec. (b) which related to nonapplicability of
    subsec. (a)(25).
      Subsec. (c). Pub. L. 101-649, Sec. 601(d)(1), substituted
    "subsection (a) of this section (other than subparagraphs (A), (B),
    (C), or (E) of paragraph (3))" for "paragraph (1) through (25) and
    paragraphs (30) and (31) of subsection (a) of this section".
      Pub. L. 101-649, Sec. 511(a), inserted at end "The first sentence
    of this subsection shall not apply to an alien who has been
    convicted of an aggravated felony and has served a term of
    imprisonment of at least 5 years."
      Subsec. (d)(1), (2). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
    out pars. (1) and (2) which related to applicability of subsec.
    (a)(11), (25), and (28).
      Subsec. (d)(3). Pub. L. 101-649, Sec. 601(d)(2)(B), substituted
    "under subsection (a) of this section (other than paragraphs
    (3)(A), (3)(C), and (3)(D) of such subsection)" for "under one or
    more of the paragraphs enumerated in subsection (a) of this section
    (other than paragraphs (27), (29), and (33))" wherever appearing,
    and inserted at end "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."
      Subsec. (d)(4). Pub. L. 101-649, Sec. 601(d)(2)(C), substituted
    "(7)(B)(i)" for "(26)".
      Subsec. (d)(5)(A). Pub. L. 101-649, Sec. 202(b), inserted "or in
    section 1184(f) of this title" after "except as provided in
    subparagraph (B)".
      Subsec. (d)(6). Pub. L. 101-649, Sec. 601(d)(2)(A), struck out
    par. (6) which directed that Attorney General prescribe conditions
    to control excludable aliens applying for temporary admission.
      Subsec. (d)(7). Pub. L. 101-649, Sec. 601(d)(2)(D), substituted
    "(other than paragraph (7))" for "of this section, except
    paragraphs (20), (21), and (26),".
      Subsec. (d)(8). Pub. L. 101-649, Sec. 601(d)(2)(E), substituted
    "(3)(A), (3)(B), (3)(C), and (7)(B)" for "(26), (27), and (29)".
      Subsec. (d)(9), (10). Pub. L. 101-649, Sec. 601(d)(2)(A), struck
    out pars. (9) and (10) which related to applicability of pars. (7)
    and (15), respectively, of subsec. (a).
      Subsec. (d)(11). Pub. L. 101-649, Sec. 601(d)(2)(F), added par.
    (11).
      Subsec. (g). Pub. L. 101-649, Sec. 601(d)(3), amended subsec. (g)
    generally, substituting provisions relating to waiver of
    application for provisions relating to admission of mentally
    retarded, tubercular, and mentally ill aliens.
      Subsec. (h). Pub. L. 101-649, Sec. 601(d)(4), amended subsec. (h)
    generally, substituting provisions relating to waiver of certain
    subsec. (a)(2) provisions for provisions relating to
    nonapplicability of subsec. (a)(9), (10), (12), (23), and (34).
      Pub. L. 101-246, Sec. 131(c), substituted "(12), or (34)" for "or
    (12)".
      Subsec. (i). Pub. L. 101-649, Sec. 601(d)(5), amended subsec. (i)
    generally, substituting provisions relating to waiver of subsec.
    (a)(6)(C)(i) of this section for provisions relating to admission
    of alien spouse, parent or child excludable for fraud.
      Subsec. (k). Pub. L. 101-649, Sec. 601(d)(6), substituted
    "paragraph (5)(A) or (7)(A)(i)" for "paragraph (14), (20), or
    (21)".
      Subsec. (l). Pub. L. 101-649, Sec. 601(d)(7), substituted
    "paragraph (7)(B)(i)" for "paragraph (26)(B)".
      Subsec. (m)(2)(A). Pub. L. 101-649, Sec. 162(f)(2)(B), in opening
    provision, struck out ", with respect to a facility for which an
    alien will perform services," before "is an attestation", in cl.
    (iii) inserted "employed by the facility" after "The alien", and
    inserted at end "In the case of an alien for whom an employer has
    filed an attestation under this subparagraph and who is performing
    services at a worksite other than the employer's or other than a
    worksite controlled by the employer, the Secretary may waive such
    requirements for the attestation for the worksite as may be
    appropriate in order to avoid duplicative attestations, in cases of
    temporary, emergency circumstances, with respect to information not
    within the knowledge of the attestor, or for other good cause."
      Subsec. (n). Pub. L. 101-649, Sec. 205(c)(3), added subsec. (n).
      1989 - Subsec. (m). Pub. L. 101-238 added subsec. (m).
      1988 - Subsec. (a)(17). Pub. L. 100-690 inserted "(or within ten
    years in the case of an alien convicted of an aggravated felony)"
    after "within five years".
      Subsec. (a)(19). Pub. L. 100-525, Sec. 7(c)(1), made technical
    correction to directory language of Pub. L. 99-639, Sec. 6(a). See
    1986 Amendment note below.
      Subsec. (a)(32). Pub. L. 100-525, Sec. 9(i)(1), substituted
    "Secretary of Education" for "Commissioner of Education" and
    "Secretary of Health and Human Services" for "Secretary of Health,
    Education, and Welfare".
      Subsec. (d)(4). Pub. L. 100-525, Sec. 8(f), added Pub. L. 99-653,
    Sec. 7(d)(2). See 1986 Amendment note below.
      Subsec. (e). Pub. L. 100-525, Sec. 9(i)(2), substituted "Director
    of the United States Information Agency" for "Secretary of State"
    the first place appearing, and "Director" for "Secretary of State"
    each subsequent place appearing.
      Subsec. (g). Pub. L. 100-525, Sec. 9(i)(3), substituted
    "Secretary of Health and Human Services" for "Surgeon General of
    the United States Public Health Service" wherever appearing.
      Subsec. (h). Pub. L. 100-525, Sec. 9(i)(4), substituted
    "paragraph (9)" for "paragraphs (9)".
      Subsec. (i). Pub. L. 100-525, Sec. 7(c)(3), added Pub. L. 99-639,
    Sec. 6(b). See 1986 Amendment note below.
      Subsec. (l). Pub. L. 100-525, Sec. 3(1)(A), made technical
    correction to Pub. L. 99-396, Sec. 14(a). See 1986 Amendment note
    below.
      1987 - Subsec. (a)(23). Pub. L. 100-204 amended par. (23)
    generally. Prior to amendment, par. (23) read as follows: "Any
    alien who has been convicted of a violation of, or a conspiracy to
    violate, any law or regulation of a State, the United States, or a
    foreign country relating to a controlled substance (as defined in
    section 802 of title 21); or any alien who the consular officer or
    immigration officer know or have reason to believe is or has been
    an illicit trafficker in any such controlled substance;".
      1986 - Subsec. (a)(19). Pub. L. 99-639, Sec. 6(a), as amended by
    Pub. L. 100-525, Sec. 7(c)(1), amended par. (19) generally. Prior
    to amendment, par. (19) read as follows: "Any alien who seeks to
    procure, or has sought to procure, or has procured a visa or other
    documentation, or seeks to enter the United States, by fraud, or by
    willfully misrepresenting a material fact;".
      Subsec. (a)(23). Pub. L. 99-570 substituted "any law or
    regulation of a State, the United States, or a foreign country
    relating to a controlled substance (as defined in section 802 of
    title 21)" for "any law or regulation relating to the illicit
    possession of or traffic in narcotic drugs or marihuana, or who has
    been convicted of a violation of, or a conspiracy to violate, any
    law or regulation governing or controlling the taxing, manufacture,
    production, compounding, transportation, sale, exchange,
    dispensing, giving away, importation, exportation, or the
    possession for the purpose of the manufacture, production,
    compounding, transportation, sale, exchange, dispensing, giving
    away, importation, or exportation of opium, coca leaves, heroin,
    marihuana, or any salt derivative, or preparation of opium or coca
    leaves, or isonipecaine or any addiction-forming or addiction-
    sustaining opiate" and "any such controlled substance" for "any of
    the aforementioned drugs".
      Subsec. (a)(24). Pub. L. 99-653 struck out par. (24) which
    related to aliens seeking admission from foreign contiguous
    territory or adjacent islands who arrived there on vessel or
    aircraft of nonsignatory line or noncomplying transportation line
    and have not resided there at least two years subsequent to such
    arrival, except for aliens described in section 1101(a)(27)(A) of
    this title and aliens born in Western Hemisphere, and further
    provided that no paragraph following par. (24) shall be
    redesignated as result of this amendment.
      Subsec. (d)(4). Pub. L. 99-653, Sec. 7(d)(2), as added by Pub. L.
    100-525, Sec. 8(f), substituted "section 1228(c) of this title" for
    "section 1228(d) of this title".
      Subsec. (i). Pub. L. 99-639, Sec. 6(b), as added by Pub. L. 100-
    525, Sec. 7(c)(3), inserted "or other benefit under this chapter"
    after "United States,".
      Subsec. (l). Pub. L. 99-396, Sec. 14(a), as amended by Pub. L.
    100-525, Sec. 3(1)(A), amended subsec. (l) generally, designating
    existing provisions as par. (1) and redesignating former pars. (1)
    and (2) as subpars. (A) and (B), respectively, inserting in par.
    (1) as so designated reference to consultation with the Governor of
    Guam, inserting in subpar. (B) as so redesignated reference to the
    welfare, safety, and security of the territories and commonwealths
    of the United States, and adding pars. (2) and (3).
      1984 - Subsec. (a)(9). Pub. L. 98-473 amended last sentence
    generally. Prior to amendment, last sentence read as follows: "Any
    alien who would be excludable because of a conviction of a
    misdemeanor classifiable as a petty offense under the provisions of
    section 1(3) of title 18, by reason of the punishment actually
    imposed, or who would be excludable as one who admits the
    commission of an offense that is classifiable as a misdemeanor
    under the provisions of section 1(2) of title 18, by reason of the
    punishment which might have been imposed upon him, may be granted a
    visa and admitted to the United States if otherwise admissible:
    Provided, That the alien has committed only one such offense, or
    admits the commission of acts which constitute the essential
    elements of only one such offense;".
      Subsec. (l). Pub. L. 98-454 added subsec. (l).
      1981 - Subsec. (a)(17). Pub. L. 97-116, Sec. 4(1), inserted "and
    who seek admission within five years of the date of such
    deportation or removal," after "section 1252(b) of this title,".
      Subsec. (a)(32). Pub. L. 97-116, Secs. 5(a)(1), 18(e)(1),
    substituted "in the United States)" for "in the United States" and
    inserted provision that for purposes of this paragraph an alien who
    is a graduate of a medical school 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 Jan. 9, 1978, and was practicing
    medicine in a State on that date.
      Subsec. (d)(6). Pub. L. 97-116, Sec. 4(2), struck out provision
    that the Attorney General make a detailed report to Congress in any
    case in which he exercises his authority under par. (3) of this
    subsection on behalf of any alien excludable under subsec. (a)(9),
    (10), and (28) of this section.
      Subsec. (h). Pub. L. 97-116, Sec. 4(3), substituted "paragraphs
    (9), (10), or (12) of subsection (a) of this section or paragraph
    (23) of such subsection as such paragraph relates to a single
    offense of simple possession of 30 grams or less of marihuana" for
    "paragraphs (9), (10), or (12) of subsection (a) of this section".
      Subsec. (j)(1). Pub. L. 97-116, Sec. 5(b)(1), inserted "as
    follows" after "training are".
      Subsec. (j)(1)(A). Pub. L. 97-116, Sec. 5(b)(3), (4), substituted
    "Secretary of Education" for "Commissioner of Education" and a
    period for the semicolon at the end.
      Subsec. (j)(1)(B). Pub. L. 97-116, Sec. 5(a)(2), (b)(3), (7)(A),
    (B), substituted "Secretary of Education" for "Commissioner of
    Education", "(ii)(I)" for "(ii)", and "Secretary of Health and
    Human Services" for "Secretary of Health, Education, and Welfare";
    inserted "(II)" before "has competency", "(III)" before "will be
    able to adapt", and "(IV)" before "has adequate prior education";
    and inserted provision that for purposes of this subparagraph an
    alien who is a graduate of a medical school 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 Jan. 9, 1978, and was practicing
    medicine in a State on that date.
      Subsec. (j)(1)(C). Pub. L. 97-116, Sec. 5(b)(2)-(4), struck out
    "(including any extension of the duration thereof under
    subparagraph (D))" after "to the United States" and substituted
    "Secretary of Health and Human Services" for "Secretary of Health,
    Education, and Welfare" and a period for "; and" at end.
      Subsec. (j)(1)(D). Pub. L. 97-116, Sec. 5(b)(5), substituted
    provision permitting aliens coming to the United States to study in
    medical residency training programs to remain until the typical
    completion date of the program, as determined by the Director of
    the International Communication Agency at the time of the alien's
    entry, based on criteria established in coordination with the
    Secretary of Health and Human Services, except that such duration
    be limited to seven years unless the alien demonstrates to the
    satisfaction of the Director that the country to which the alien
    will return after such specialty education has exceptional need for
    an individual trained in such specialty, and that the alien may
    change enrollment in programs once within two years after coming to
    the United States if approval of the Director is obtained and
    further commitments are obtained from the alien to assure that,
    upon completion of the program, the alien would return to his
    country for provision limiting the duration of the alien's
    participation in the program for which he is coming to the United
    States to not more than 2 years, with a possible one year
    extension.
      Subsec. (j)(1)(E). Pub. L. 97-116, Sec. 5(b)(6), added subpar.
    (E).
      Subsec. (j)(2)(A). Pub. L. 97-116, Sec. 5(b)(7)(C)-(F),
    substituted "and (B)(ii)(I)" for "and (B)" and "1983" for "1981";
    inserted "(i) the Secretary of Health and Human Services
    determines, on a case-by-case basis, that" after "if"; and added
    cl. (ii).
      Subsec. (j)(2)(B). Pub. L. 97-116, Sec. 5(b)(7)(G), inserted
    provision directing Secretary of Health and Human Services, in
    coordination with Attorney General and Director of the
    International Communication Agency, to monitor the issuance of
    waivers under subpar. (A) and the needs of the communities, with
    respect to which such waivers are issued, to assure that quality
    medical care is provided and to review each program with such a
    waiver to assure that the plan described in subpar. (A)(ii) is
    being carried out and that the participants in such program are
    being provided appropriate supervision in their medical education
    and training.
      Subsec. (j)(2)(C). Pub. L. 97-116, Sec. 5(b)(7)(G), added subpar.
    (C).
      Subsec. (j)(3). Pub. L. 97-116, Sec. 5(b)(8), added par. (3).
      Subsec. (k). Pub. L. 97-116, Sec. 18(e)(2), added subsec. (k).
      1980 - Subsec. (a)(14), (32). Pub. L. 96-212, Sec. 203(d),
    substituted "1153(a)(7)" for "1153(a)(8)".
      Subsec. (d)(5). Pub. L. 96-212, Sec. 203(f), redesignated
    existing provisions as subpar. (A), inserted provision excepting
    subpar. (B), and added subpar. (B).
      Subsec. (j)(2)(A). Pub. L. 96-538 substituted "December 30, 1981"
    for "December 30, 1980".
      1979 - Subsec. (d)(9), (10). Pub. L. 96-70 added pars. (9) and
    (10).
      1978 - Subsec. (a)(33). Pub. L. 95-549, Sec. 101, added par.
    (33).
      Subsec. (d)(3). Pub. L. 95-549, Sec. 102, inserted reference to
    par. (33) in parenthetical text.
      1977 - Subsec. (a)(32). Pub. L. 95-83, Sec. 307(q)(1), inserted
    "not accredited by a body or bodies approved for the purpose by the
    Commissioner of Education (regardless of whether such school of
    medicine is in the United States" after "graduates of a medical
    school" in first sentence and struck out second sentence exclusion
    of aliens provision with respect to application to special
    immigrants defined in section 1101(a)(27)(A) of this title (other
    than the parents, spouses, or children of the United States
    citizens or of aliens lawfully admitted for permanent residence).
      Subsec. (j)(1)(B). Pub. L. 95-83, Sec. 307(q)(2)(A), inserted cl.
    (i) and designated existing provisions as cl. (ii).
      Subsec. (j)(1)(C). Pub. L. 95-83, Sec. 307(q)(2)(B), substituted
    "that there is a need in that country for persons with the skills
    the alien will acquire in such education or training" for "that
    upon such completion and return, he will be appointed to a position
    in which he will fully utilize the skills acquired in such
    education or training in the government of that country or in an
    educational or other appropriate institution or agency in that
    country".
      Subsec. (j)(1)(D). Pub. L. 95-83, Sec. 307(q)(2)(C), substituted
    "at the written request" for "at the request", struck out cl. "(i)
    such government provides a written assurance, satisfactory to the
    Secretary of Health, Education, and Welfare, that the alien will,
    at the end of such extension, be appointed to a position in which
    he will fully utilize the skills acquired in such education or
    training in the government of that country or in an educational or
    other appropriate institution or agency in that country,", and
    redesignated as cls. (i) and (ii) former cls. (ii) and (iii).
      Subsec. (j)(2)(A). Pub. L. 95-83, Sec. 307(q)(2)(D), substituted
    "(A) and (B)" for "(A) through (D)".
      1976 - Subsec. (a)(14). Pub. L. 94-571, Sec. 5, in revising par.
    (14), inserted in cl. (A) "(or equally qualified in the case of
    aliens who are members of the teaching profession or who have
    exceptional ability in the sciences or the arts)" and struck out
    "in the United States" after "sufficient workers" and "destined"
    before "to perform" and introductory provision of last sentence
    making exclusion of aliens under par. (14) applicable to special
    immigrants defined in former provision of section 1101(a)(27)(A) of
    this title (other than the parents, spouses, or children of United
    States citizens or of aliens lawfully admitted to the United States
    for permanent residence).
      Subsec. (a)(24). Pub. L. 94-571, Sec. 7(d), substituted in
    parenthetical text "section 1101(a)(27)(A) of this title and aliens
    born in the Western Hemisphere" for "section 1101(a)(27)(A) and (B)
    of this title".
      Subsec. (a)(32). Pub. L. 94-484, Sec. 601(a), added par. (32).
      Subsec. (e). Pub. L. 94-484, Sec. 601(c), substituted "(i) whose"
    for "whose (i)", and "residence, (ii)" for "residence, or (ii)",
    inserted "or (iii) who came to the United States or acquired such
    status in order to receive graduate medical education or training,"
    before "shall be eligible", and inserted ", except in the case of
    an alien described in clause (iii)," in second proviso.
      Subsec. (j). Pub. L. 94-484, Sec. 601(d), added subsec. (j).
      1970 - Subsec. (e). Pub. L. 91-225 inserted cls. (i) and (ii) and
    reference to eligibility for nonimmigrant visa under section
    1101(a)(15)(L) of this title, provided for waiver of requirement of
    two-year foreign residence abroad where alien cannot return to the
    country of his nationality or last residence because he would be
    subject to persecution on account of race, religion, or political
    opinion or where the foreign country of alien's nationality or last
    residence has furnished a written statement that it has no
    objection to such waiver for such alien, and struck out alternative
    provision for residence and physical presence in another foreign
    country and former first and final provisos which read as follows:
    "Provided, That such residence in another foreign country shall be
    considered to have satisfied the requirements of this subsection if
    the Secretary of State determines that it has served the purpose
    and the intent of the Mutual Educational and Cultural Exchange Act
    of 1961" and "And provided further, That the provisions of this
    subchapter shall apply also to those persons who acquired exchange
    visitor status under the United States Information and Educational
    Exchange Act of 1948, as amended."
      1965 - Subsec. (a)(1). Pub. L. 89-236, Sec. 15(a), substituted
    "mentally retarded" for "feebleminded".
      Subsec. (a)(4). Pub. L. 89-236, Sec. 15(b), substituted "or
    sexual deviation" for "epilepsy".
      Subsec. (a)(14). Pub. L. 89-236, Sec. 10(a), inserted requirement
    that Secretary of Labor make an affirmative finding that any alien
    seeking to enter the United States as a worker, skilled or
    otherwise, will not replace a worker in the United States nor will
    the employment of the alien adversely affect the wages and working
    conditions of individuals in the United States similarly employed,
    and made the requirement applicable to special immigrants (other
    than the parents, spouses, and minor children of U.S. citizens or
    permanent resident aliens), preference immigrants described in
    sections 1153(a)(3) and 1153(a)(6) of this title, and nonpreference
    immigrants.
      Subsec. (a)(20). Pub. L. 89-236, Sec. 10(b), substituted
    "1181(a)" for "1181(e)".
      Subsec. (a)(21). Pub. L. 89-236, Sec. 10(c), struck out "quota"
    before "immigrant".
      Subsec. (a)(24). Pub. L. 89-236, Sec. 10(d), substituted "other
    than aliens described in section 1101(a)(27)(A) and (B)" for "other
    than those aliens who are nativeborn citizens of countries
    enumerated in section 1101(a)(27) of this title and aliens
    described in section 1101(a)(27)(B) of this title".
      Subsec. (g). Pub. L. 89-236, Sec. 15(c), redesignated subsec. (f)
    of sec. 212 of the Immigration and Nationality Act as subsec. (g)
    thereof, which for purposes of codification had already been
    designated as subsec. (g) of this section and granted the Attorney
    General authority to admit any alien who is the spouse, unmarried
    son or daughter, minor adopted child, or parent of a citizen or
    lawful permanent resident and who is mentally retarded or has a
    past history of mental illness under the same conditions as
    authorized in the case of such close relatives afflicted with
    tuberculosis.
      Subsecs. (h), (i). Pub. L. 89-236, Sec. 15(c), redesignated
    subsecs. (g) and (h) of sec. 212 of the Immigration and Nationality
    Act as subsecs. (h) and (i) respectively thereof, which for
    purposes of codification had already been designated as subsecs.
    (h) and (i) of this section.
      1961 - Subsec. (a)(6). Pub. L. 87-301, Sec. 11, struck out
    references to tuberculosis and leprosy.
      Subsec. (a)(9). Pub. L. 87-301, Sec. 13, authorized admission of
    aliens who would be excluded because of conviction of a violation
    classifiable as an offense under section 1(3) of title 18, by
    reason of punishment actually imposed, or who admit commission of
    an offense classifiable as a misdemeanor under section 1(2) of
    title 18, by reason of punishment which might have been imposed, if
    otherwise admissible and provided the alien has committed, or
    admits to commission of, only one such offense.
      Subsecs. (e), (f). Pub. L. 87-256 added subsec. (e) and
    redesignated former subsec. (e) as (f).
      Subsecs. (g) to (i). Pub. L. 87-301, Secs. 12, 14, 15, added
    subsecs. (f) to (h), which for purposes of codification have been
    designated as subsecs. (g) to (i).
      1960 - Subsec. (a). Pub. L. 86-648 inserted "or marihuana" after
    "narcotic drugs" in cl. (23).
      1959 - Subsec. (d). Pub. L. 86-3 struck out provisions from cl.
    (7) which related to aliens who left Hawaii and to persons who were
    admitted to Hawaii under section 8(a)(1) of the act of March 24,
    1934, or as nationals of the United States.
      1958 - Subsec. (d)(7). Pub. L. 85-508 struck out provisions which
    related to aliens who left Alaska.
      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-
                              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 Pub. L. 104-14, set out as a
    note preceding section 21 of Title 2, The Congress.

-MISC2-
                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 103(d), May 11, 2005, 119
    Stat. 308, provided that: "The amendments made by this section
    [amending this section] shall take effect on the date of the
    enactment of this division [May 11, 2005], and these amendments,
    and section 212(a)(3)(B) of the Immigration and Nationality Act (8
    U.S.C. 1182(a)(3)(B)), as amended by this section, shall apply to -
    
        "(1) removal proceedings instituted before, on, or after the
      date of the enactment of this division; and
        "(2) acts and conditions constituting a ground for
      inadmissibility, excludability, deportation, or removal occurring
      or existing before, on, or after such date."

                     EFFECTIVE DATE OF 2004 AMENDMENTS                 
      Pub. L. 108-458, title V, Sec. 5501(c), Dec. 17, 2004, 118 Stat.
    3740, provided that: "The amendments made by this section [amending
    this section and section 1227 of this title] shall apply to
    offenses committed before, on, or after the date of enactment of
    this Act [Dec. 17, 2004]."
      Pub. L. 108-447, div. J, title IV, Sec. 424(a)(2), Dec. 8, 2004,
    118 Stat. 3355, provided that: "The amendment made by paragraph (1)
    [amending this section] shall take effect as if enacted on October
    1, 2003."
      Pub. L. 108-447, div. J, title IV, Sec. 430, Dec. 8, 2004, 118
    Stat. 3361, provided that:
      "(a) In General. - Except as provided in subsection (b), this
    subtitle [subtitle B (Secs. 421-430) of title IV of div. J of Pub.
    L. 108-447, enacting section 1381 of this title, amending this
    section, sections 1184, and 1356 of this title, section 2916a of
    Title 29, Labor, and section 1869c of Title 42, The Public Health
    and Welfare, and enacting provisions set out as notes under this
    section and sections 1101 and 1184 of this title] and the
    amendments made by this subtitle shall take effect 90 days after
    the date of enactment of this Act [Dec. 8, 2004].
      "(b) Exceptions. - The amendments made by sections 422(b),
    426(a), and 427 [amending sections 1184 and 1356 of this title]
    shall take effect upon the date of enactment of this Act [Dec. 8,
    2004]."

             EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENT         
      Amendment by Pub. L. 108-77 effective on the date the United
    States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
    and ceases to be effective on the date the Agreement ceases to be
    in force, see section 107 of Pub. L. 108-77, set out in a note
    under section 3805 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Pub. L. 107-273, div. C, title I, Sec. 11018(d), Nov. 2, 2002,
    116 Stat. 1825, provided that: "The amendments made by this section
    [amending this section, section 1184 of this title, and provisions
    set out as a note under this section] shall take effect as if this
    Act [see Tables for classification] were enacted on May 31, 2002."
      Pub. L. 107-150, Sec. 2(b), Mar. 13, 2002, 116 Stat. 75, provided
    that: "The amendments made by subsection (a) [amending this section
    and section 1183a of this title] shall apply with respect to deaths
    occurring before, on, or after the date of the enactment of this
    Act [Mar. 13, 2002], except that, in the case of a death occurring
    before such date, such amendments shall apply only if - 
        "(1) the sponsored alien - 
          "(A) requests the Attorney General to reinstate the
        classification petition that was filed with respect to the
        alien by the deceased and approved under section 204 of the
        Immigration and Nationality Act (8 U.S.C. 1154) before such
        death; and
          "(B) demonstrates that he or she is able to satisfy the
        requirement of section 212(a)(4)(C)(ii) of such Act (8 U.S.C.
        1182(a)(4)(C)(ii)) by reason of such amendments; and
        "(2) the Attorney General reinstates such petition after making
      the determination described in section 213A(f)(5)(B)(ii) of such
      Act [8 U.S.C. 1183a(f)(5)(B)(ii)] (as amended by subsection
      (a)(1) of this Act)."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-56, title IV, Sec. 411(c), Oct. 26, 2001, 115 Stat.
    348, provided that:
      "(1) In general. - Except as otherwise provided in this
    subsection, the amendments made by this section [amending this
    section and sections 1158, 1189, and 1227 of this title] shall take
    effect on the date of the enactment of this Act [Oct. 26, 2001] and
    shall apply to - 
        "(A) actions taken by an alien before, on, or after such date;
      and
        "(B) all aliens, without regard to the date of entry or
      attempted entry into the United States - 
          "(i) in removal proceedings on or after such date (except for
        proceedings in which there has been a final administrative
        decision before such date); or
          "(ii) seeking admission to the United States on or after such
        date.
      "(2) Special rule for aliens in exclusion or deportation
    proceedings. - Notwithstanding any other provision of law, sections
    212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality
    Act, as amended by this Act [8 U.S.C. 1182(a)(3)(B),
    1227(a)(4)(B)], shall apply to all aliens in exclusion or
    deportation proceedings on or after the date of the enactment of
    this Act [Oct. 26, 2001] (except for proceedings in which there has
    been a final administrative decision before such date) as if such
    proceedings were removal proceedings.
      "(3) Special rule for section 219 organizations and organizations
    designated under section 212(a)(3)(B)(vi)(II). - 
        "(A) In general. - Notwithstanding paragraphs (1) and (2), no
      alien shall be considered inadmissible under section 212(a)(3) of
      the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or
      deportable under section 237(a)(4)(B) of such Act (8 U.S.C.
      1227(a)(4)(B)), by reason of the amendments made by subsection
      (a) [amending this section], on the ground that the alien engaged
      in a terrorist activity described in subclause (IV)(bb), (V)(bb),
      or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so
      amended) with respect to a group at any time when the group was
      not a terrorist organization designated by the Secretary of State
      under section 219 of such Act (8 U.S.C. 1189) or otherwise
      designated under section 212(a)(3)(B)(vi)(II) of such Act (as so
      amended).
        "(B) Statutory construction. - Subparagraph (A) shall not be
      construed to prevent an alien from being considered inadmissible
      or deportable for having engaged in a terrorist activity - 
          "(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of
        section 212(a)(3)(B)(iv) of such Act (as so amended) with
        respect to a terrorist organization at any time when such
        organization was designated by the Secretary of State under
        section 219 of such Act or otherwise designated under section
        212(a)(3)(B)(vi)(II) of such Act (as so amended); or
          "(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd)
        of section 212(a)(3)(B)(iv) of such Act (as so amended) with
        respect to a terrorist organization described in section
        212(a)(3)(B)(vi)(III) of such Act (as so amended).
      "(4) Exception. - The Secretary of State, in consultation with
    the Attorney General, may determine that the amendments made by
    this section shall not apply with respect to actions by an alien
    taken outside the United States before the date of the enactment of
    this Act [Oct. 26, 2001] upon the recommendation of a consular
    officer who has concluded that there is not reasonable ground to
    believe that the alien knew or reasonably should have known that
    the actions would further a terrorist activity."
      [Another section 411(c) of Pub. L. 107-56 amended section 1189 of
    this title.]

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-395, title II, Sec. 201(b)(3), Oct. 30, 2000, 114
    Stat. 1634, provided that: "The amendment made by paragraph (1)
    [amending this section] shall be effective as if included in the
    enactment of section 347 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
    3009-638) and shall apply to voting occurring before, on, or after
    September 30, 1996. The amendment made by paragraph (2) [amending
    this section] shall be effective as if included in the enactment of
    section 344 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637)
    and shall apply to representations made on or after September 30,
    1996. Such amendments shall apply to individuals in proceedings
    under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
    on or after September 30, 1996."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-95, Sec. 2(e), Nov. 12, 1999, 113 Stat. 1317, as
    amended by Pub. L. 109-423, Sec. 2(2), Dec. 20, 2006, 120 Stat.
    2900, provided that: "The amendments made by this section [amending
    this section and section 1101 of this title] shall apply to
    classification petitions filed for nonimmigrant status only during
    the period - 
        "(1) beginning on the date that interim or final regulations
      are first promulgated under subsection (d) [set out as a note
      below]; and
        "(2) ending on the date that is 3 years after the date of the
      enactment of the Nursing Relief for Disadvantaged Areas
      Reauthorization Act of 2005 [Dec. 20, 2006]."
      [Pub. L. 109-423, Sec. 3, Dec. 20, 2006, 120 Stat. 2900, provided
    that: "The requirements of chapter 5 of title 5, United States Code
    (commonly referred to as the 'Administrative Procedure Act') or any
    other law relating to rulemaking, information collection or
    publication in the Federal Register, shall not apply to any action
    to implement the amendments made by section 2 [amending provisions
    set out as a note above] to the extent the Secretary Homeland of
    Security [sic], the Secretary of Labor, or the Secretary of Health
    and Human Services determines that compliance with any such
    requirement would impede the expeditious implementation of such
    amendments."]
      Pub. L. 106-95, Sec. 4(b), Nov. 12, 1999, 113 Stat. 1318,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect on the date of the enactment of
    this Act [Nov. 12, 1999], without regard to whether or not final
    regulations to carry out such amendments have been promulgated by
    such date."

            EFFECTIVE AND TERMINATION DATES OF 1998 AMENDMENTS        
      Pub. L. 105-292, title VI, Sec. 604(b), Oct. 27, 1998, 112 Stat.
    2814, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to aliens seeking to enter the
    United States on or after the date of the enactment of this Act
    [Oct. 27, 1998]."
      Pub. L. 105-277, div. C, title IV, Sec. 412(d), Oct. 21, 1998,
    112 Stat. 2681-645, provided that: "The amendments made by
    subsection (a) [amending this section] apply to applications filed
    under section 212(n)(1) of the Immigration and Nationality Act
    [subsec. (n)(1) of this section] on or after the date final
    regulations are issued to carry out such amendments, and the
    amendments made by subsections (b) and (c) [amending this section]
    take effect on the date of the enactment of this Act [Oct. 21,
    1998]." [Interim final regulations implementing these amendments
    were promulgated on Dec. 19, 2000, published Dec. 20, 2000, 65 F.R.
    80110, and effective, except as otherwise provided, Jan. 19, 2001.]
      Pub. L. 105-277, div. C, title IV, Sec. 413(e)(2), Oct. 21, 1998,
    112 Stat. 2681-651, as amended by Pub. L. 106-313, title I, Sec.
    107(b), Oct. 17, 2000, 114 Stat. 1255, provided that: "The
    amendment made by paragraph (1) [amending this section] shall cease
    to be effective on September 30, 2003."
      Pub. L. 105-277, div. C, title IV, Sec. 415(b), Oct. 21, 1998,
    112 Stat. 2681-655, provided that: "The amendment made by
    subsection (a) [amending this section] applies to prevailing wage
    computations made - 
        "(1) for applications filed on or after the date of the
      enactment of this Act [Oct. 21, 1998]; and
        "(2) for applications filed before such date, but only to the
      extent that the computation is subject to an administrative or
      judicial determination that is not final as of such date."
      Pub. L. 105-277, div. C, title IV, Sec. 431(b), Oct. 21, 1998,
    112 Stat. 2681-658, provided that: "The amendment made by
    subsection (a) [amending this section] shall apply to activities
    occurring on or after the date of the enactment of this Act [Oct.
    21, 1998]."
      Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2226(b),
    Oct. 21, 1998, 112 Stat. 2681-821, provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    aliens seeking admission to the United States on or after the date
    of enactment of this Act [Oct. 21, 1998]."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 301(b)(3) of title III of div. C of Pub. L. 104-208
    provided that: "In applying section 212(a)(9)(B) of the Immigration
    and Nationality Act [8 U.S.C. 1182(a)(9)(B)], as inserted by
    paragraph (1), no period before the title III-A effective date [see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title] shall be included in a period of unlawful
    presence in the United States."
      Section 301(c)(2) of title III of div. C of Pub. L. 104-208
    provided that: "The requirements of subclauses (II) and (III) of
    section 212(a)(6)(A)(ii) of the Immigration and Nationality Act [8
    U.S.C. 1182(a)(6)(A)(ii)(II), (III)], as inserted by paragraph (1),
    shall not apply to an alien who demonstrates that the alien first
    arrived in the United States before the title III-A effective date
    (described in section 309(a) of this division [set out as a note
    under section 1101 of this title])."
      Section 306(d) of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as if included in the
    enactment of Pub. L. 104-132.
      Amendment by sections 301(b)(1), (c)(1), 304(b), 305(c), 306(d),
    and 308(c)(2)(B), (d)(1), (e)(1)(B), (C), (2)(A), (6), (f)(1)(C)-
    (F), (3)(A), (g)(1), (4)(B), (10)(A), (H) of div. C of Pub. L. 104-
    208 effective on the first day of the first month beginning more
    than 180 days after Sept. 30, 1996, with certain transitional
    provisions, including authority for Attorney General to waive
    application of subsec. (a)(9) of this section in case of an alien
    provided benefits under section 301 of Pub. L. 101-649, set out as
    a note under section 1255a of this title, and including provision
    that no period of time before Sept. 30, 1996, be included in the
    period of 1 year described in subsec. (a)(6)(B)(i) of this section,
    see section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 322(a) of Pub. L. 104-208 applicable to
    convictions and sentences entered before, on, or after Sept. 30,
    1996, see section 322(c) of Pub. L. 104-208, set out as a note
    under section 1101 of this title.
      Section 341(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section] shall apply
    with respect to applications for immigrant visas or for adjustment
    of status filed after September 30, 1996."
      Section 342(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section] shall
    take effect on the date of the enactment of this Act [Sept. 30,
    1996] and shall apply to incitement regardless of when it occurs."
      Section 344(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section and section
    1251 [now 1227] of this title] shall apply to representations made
    on or after the date of the enactment of this Act [Sept. 30,
    1996]."
      Section 346(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to aliens who obtain the status of a nonimmigrant under
    section 101(a)(15)(F) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)(F)] after the end of the 60-day period beginning
    on the date of the enactment of this Act [Sept. 30, 1996],
    including aliens whose status as such a nonimmigrant is extended
    after the end of such period."
      Section 347(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section and section
    1251 of this title] shall apply to voting occurring before, on, or
    after the date of the enactment of this Act [Sept. 30, 1996]."
      Section 348(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall be
    effective on the date of the enactment of this Act [Sept. 30, 1996]
    and shall apply in the case of any alien who is in exclusion or
    deportation proceedings as of such date unless a final
    administrative order in such proceedings has been entered as of
    such date."
      Section 351(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section and section
    1251 of this title] shall apply to applications for waivers filed
    before, on, or after the date of the enactment of this Act [Sept.
    30, 1996], but shall not apply to such an application for which a
    final determination has been made as of the date of the enactment
    of this Act."
      Section 352(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to individuals who renounce United States citizenship on and
    after the date of the enactment of this Act [Sept. 30, 1996]."
      Section 358 of title III of div. C of Pub. L. 104-208 provided
    that: "The amendments made by this subtitle [subtitle D (Secs. 354-
    358) of title III of div. C of Pub. L. 104-208, amending this
    section and sections 1189, 1531, 1532, 1534, and 1535 of this
    title] shall be effective as if included in the enactment of
    subtitle A of title IV of the Antiterrorism and Effective Death
    Penalty Act of 1996 (Public Law 104-132)."
      Section 531(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to applications submitted on or after such date, not earlier
    than 30 days and not later than 60 days after the date the Attorney
    General promulgates under section 551(c)(2) of this division [set
    out as a note under section 1183a of this title] a standard form
    for an affidavit of support, as the Attorney General shall specify,
    but subparagraphs (C) and (D) of section 212(a)(4) of the
    Immigration and Nationality Act [8 U.S.C. 1182(a)(4)(C), (D)], as
    so amended, shall not apply to applications with respect to which
    an official interview with an immigration officer was conducted
    before such effective date."

            EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENTS        
      Section 203(c) of Pub. L. 103-416 provided that: "The amendments
    made by this section [amending this section and section 1251 of
    this title] shall apply to convictions occurring before, on, or
    after the date of the enactment of this Act [Oct. 25, 1994]."
      Amendment by section 219(e) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as an
    Effective Date of 1994 Amendment note under section 1101 of this
    title.
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(1), (5) of that section is effective as if
    included in the Miscellaneous and Technical Immigration and
    Naturalization Amendments of 1991, Pub. L. 102-232.
      Pub. L. 103-416, title II, Sec. 220(c), Oct. 25, 1994, 108 Stat.
    4320, as amended by Pub. L. 104-208, div. C, title VI, Sec. 622(a),
    Sept. 30, 1996, 110 Stat. 3009-695; Pub. L. 107-273, div. C, title
    I, Sec. 11018(b), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 108-441,
    Sec. 1(a)(1), Dec. 3, 2004, 118 Stat. 2630; Pub. L. 109-477, Sec.
    2, Jan. 12, 2007, 120 Stat. 3572, provided that: "The amendments
    made by this section [amending this section and section 1184 of
    this title] shall apply to aliens admitted to the United States
    under section 101(a)(15)(J) of the Immigration and Nationality Act
    [8 U.S.C. 1101(a)(15)(J)], or acquiring such status after admission
    to the United States, before, on, or after the date of enactment of
    this Act [Oct. 25, 1994] and before June 1, 2008."
      [Pub. L. 109-477, Sec. 3, Jan. 12, 2007, 120 Stat. 3572, provided
    that: "The amendment made by section 2 [amending section 220(c) of
    Pub. L. 103-416, set out above] shall take effect as if enacted on
    May 31, 2006."]
      [Pub. L. 108-441, Sec. 1(a)(2), Dec. 3, 2004, 118 Stat. 2630,
    provided that: "The amendment made by paragraph (1) [amending
    section 220(c) of Pub. L. 103-416, set out above] shall take effect
    as if enacted on May 31, 2004."]
      Section 506(c) of Pub. L. 103-317, as amended by Pub. L. 105-46,
    Sec. 123, Sept. 30, 1997, 111 Stat. 1158; Pub. L. 105-119, title I,
    Sec. 111(b), Nov. 26, 1997, 111 Stat. 2458, provided that: "The
    amendment made by subsection (a) [amending this section] shall take
    effect on October 1, 1994, and shall cease to have effect on
    October 1, 1997. The amendment made by subsection (b) [amending
    section 1255 of this title] shall take effect on October 1, 1994."
      Pub. L. 105-46, Sec. 123, Sept. 30, 1997, 111 Stat. 1158, which
    directed the amendment of section 506(c) of Pub. L. 103-317, set
    out above, by striking "September 30, 1997" and inserting "October
    23, 1997" was probably intended by Congress to extend the
    termination date "October 1, 1997" to "October 23, 1997". For
    further temporary extensions of the October 23, 1997 termination
    date, see list of continuing appropriations acts contained in a
    Continuing Appropriations for Fiscal Year 1998 note set out under
    section 635f of Title 12, Banks and Banking.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 2007(b) of Pub. L. 103-43 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect 30
    days after the date of the enactment of this Act [June 10, 1993]."

                     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 Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.
      Section 302(e)(9) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in the Immigration
    Nursing Relief Act of 1989, Pub. L. 101-238.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 162(e)(1) of Pub. L. 101-649 effective Oct.
    1, 1991, and applicable beginning with fiscal year 1992, with
    general transition provisions and admissibility standards, see
    section 161(a), (c), (d) of Pub. L. 101-649, set out as a note
    under section 1101 of this title.
      Amendment by section 162(f)(2)(B) of Pub. L. 101-649 applicable
    as though included in the enactment of Pub. L. 101-238, see section
    162(f)(3) of Pub. L. 101-649, set out as a note under section 1101
    of this title.
      Section 202(c) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending this section and section 1184 of
    this title] shall take effect 60 days after the date of the
    enactment of this Act [Nov. 29, 1990]."
      Amendment by section 205(c)(3) of Pub. L. 101-649 effective Oct.
    1, 1991, see section 231 of Pub. L. 101-649, set out as a note
    under section 1101 of this title.
      Section 511(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    admissions occurring after the date of the enactment of this Act
    [Nov. 29, 1990]."
      Section 514(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    admissions occurring on or after January 1, 1991."
      Amendment by section 601(a), (b), and (d) of Pub. L. 101-649
    applicable to individuals entering United States on or after June
    1, 1991, see section 601(e)(1) of Pub. L. 101-649, set out as a
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 3(d) of Pub. L. 101-238 provided that: "The amendments
    made by the previous provisions of this section [amending this
    section and section 1101 of this title] shall apply to
    classification petitions filed for nonimmigrant status only during
    the 5-year period beginning on the first day of the 9th month
    beginning after the date of the enactment of this Act [Dec. 18,
    1989]."

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Section 7349(b) of Pub. L. 100-690 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to any
    alien convicted of an aggravated felony who seeks admission to the
    United States on or after the date of the enactment of this Act
    [Nov. 18, 1988]."
      Section 3 of Pub. L. 100-525 provided that the amendment made by
    that section is effective as if included in the enactment of Pub.
    L. 99-396.
      Section 7(d) of Pub. L. 100-525 provided that: "The amendments
    made by this section [amending this section, sections 1186a and
    1255 of this title, and provisions set out as a note below] shall
    be effective as if they were included in the enactment of the
    Immigration Marriage Fraud Amendments of 1986 [Pub. L. 99-639]."
      Amendment by section 8(f) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Amendment by Pub. L. 99-653 applicable to visas issued, and
    admissions occurring, on or after Nov. 14, 1986, see section 23(a)
    of Pub. L. 99-653, set out as a note under section 1101 of this
    title.
      Section 6(c), formerly 6(b), of Pub. L. 99-639, as redesignated
    and amended by Pub. L. 100-525, Sec. 7(c)(2), Oct. 24, 1988, 102
    Stat. 2616, provided that: "The amendment made by this section
    [amending this section] shall apply to the receipt of visas by, and
    the admission of, aliens occurring after the date of the enactment
    of this Act [Nov. 10, 1986] based on fraud or misrepresentations
    occurring before, on, or after such date."
      Section 1751(c) of Pub. L. 99-570 provided that: "The amendments
    made by the [sic] subsections (a) and (b) of this section [amending
    this section and section 1251 of this title] shall apply to
    convictions occurring before, on, or after the date of the
    enactment of this section [Oct. 27, 1986], and the amendments made
    by subsection (a) [amending this section] shall apply to aliens
    entering the United States after the date of the enactment of this
    section."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 5(c) of Pub. L. 97-116 provided that: "The amendments
    made by paragraphs (2), (5), and (6) of subsection (b) [striking
    out "including any extension of the duration thereof under
    subparagraph (D)" in subsec. (j)(1)(C) of this section, amending
    subsec. (j)(1)(D) of this section, and enacting subsec. (j)(1)(E)
    of this section] shall apply to aliens entering the United States
    as exchange visitors (or otherwise acquiring exchange visitor
    status) on or after January 10, 1978."
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, except as
    provided by section 5(c) of Pub. L. 97-116, see section 21(a) of
    Pub. L. 97-116, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by section 203(d) of Pub. L. 96-212 effective, except
    as otherwise provided, Apr. 1, 1980, and amendment by section
    203(f) of Pub. L. 96-212 applicable, except as otherwise provided,
    to aliens paroled into the United States on or after the sixtieth
    day after Mar. 17, 1980, see section 204 of Pub. L. 96-212, set out
    as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-70 effective Sept. 27, 1979, see section
    3201(d)(1) of Pub. L. 96-70, set out as a note under section 1101
    of this title.
      Section 3201(d)(2) of Pub. L. 96-70 provided that: "Paragraph (9)
    of section 212(d) of the Immigration and Nationality Act [subsec.
    (d)(9) of this section], as added by subsection (b) of this
    section, shall cease to be effective at the end of the transition
    period [midnight Mar. 31, 1982, see section 2101 of Pub. L. 96-70,
    title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to
    section 3831 of Title 22, Foreign Relations and Intercourse]."

                     EFFECTIVE DATE OF 1976 AMENDMENTS                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.
      Amendment by section 601(d) of Pub. L. 94-484 applicable only on
    and after Jan. 10, 1978, notwithstanding section 601(f) of Pub. L.
    94-484, see section 602(d) of Pub. L. 94-484, as added by section
    307(q)(3) of Pub. L. 95-83, set out as an Effective Date of 1977
    Amendment note under section 1101 of this title.
      Section 601(f) of Pub. L. 94-484 provided that: "The amendments
    made by this section [amending this section and section 1101 of
    this title] shall take effect ninety days after the date of
    enactment of this section [Oct. 12, 1976]."

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236 see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

                     EFFECTIVE DATE 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 Pub. L. 102-232 provided that: "Paragraph
    (1) of section 162(e) of the Immigration Act of 1990 [Pub. L. 101-
    649, amending this section] is repealed, and the provisions of law
    amended by such paragraph are restored as though such paragraph had
    not been enacted."

                                REGULATIONS                            
      Pub. L. 106-95, Sec. 2(d), Nov. 12, 1999, 113 Stat. 1316,
    provided that: "Not later than 90 days after the date of the
    enactment of this Act [Nov. 12, 1999], the Secretary of Labor (in
    consultation, to the extent required, with the Secretary of Health
    and Human Services) and the Attorney General shall promulgate final
    or interim final regulations to carry out section 212(m) of the
    Immigration and Nationality Act [8 U.S.C. 1182(m)] (as amended by
    subsection (b))." [Interim final regulations implementing subsec.
    (m) of this section were promulgated Aug. 21, 2000, published Aug.
    22, 2000, 65 F.R. 51138, and effective Sept. 21, 2000.]
      Pub. L. 105-277, div. C, title IV, Sec. 412(e), Oct. 21, 1998,
    112 Stat. 2681-645, provided that: "In first promulgating
    regulations to implement the amendments made by this section
    [amending this section] in a timely manner, the Secretary of Labor
    and the Attorney General may reduce to not less than 30 days the
    period of public comment on proposed regulations."
      Section 124(b)(2) of div. C of Pub. L. 104-208 provided that:
    "The Attorney General shall first issue, in proposed form,
    regulations referred to in the second sentence of section 212(f) of
    the Immigration and Nationality Act [8 U.S.C. 1182(f)], as added by
    the amendment made by paragraph (1), not later than 90 days after
    the date of the enactment of this Act [Sept. 30, 1996]."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of Title 22, Foreign Relations and Intercourse.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC3-
                        MONEY LAUNDERING WATCHLIST                    
      Pub. L. 107-56, title X, Sec. 1006(b), Oct. 26, 2001, 115 Stat.
    394, provided that: "Not later than 90 days after the date of the
    enactment of this Act [Oct. 26, 2001], the Secretary of State shall
    develop, implement, and certify to the Congress that there has been
    established a money laundering watchlist, which identifies
    individuals worldwide who are known or suspected of money
    laundering, which is readily accessible to, and shall be checked
    by, a consular or other Federal official prior to the issuance of a
    visa or admission to the United States. The Secretary of State
    shall develop and continually update the watchlist in cooperation
    with the Attorney General, the Secretary of the Treasury, and the
    Director of Central Intelligence."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

        RECOMMENDATIONS FOR ALTERNATIVE REMEDY FOR NURSING SHORTAGE    
      Pub. L. 106-95, Sec. 3, Nov. 12, 1999, 113 Stat. 1317, provided
    that: "Not later than the last day of the 4-year period described
    in section 2(e) [set out as a note above], the Secretary of Health
    and Human Services and the Secretary of Labor shall jointly submit
    to the Congress recommendations (including legislative
    specifications) with respect to the following:
        "(1) A program to eliminate the dependence of facilities
      described in section 212(m)(6) of the Immigration and Nationality
      Act [8 U.S.C. 1182(m)(6)] (as amended by section 2(b)) on
      nonimmigrant registered nurses by providing for a permanent
      solution to the shortage of registered nurses who are United
      States citizens or aliens lawfully admitted for permanent
      residence.
        "(2) A method of enforcing the requirements imposed on
      facilities under sections 101(a)(15)(H)(i)(c) and 212(m) of the
      Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(c),
      1182(m)] (as amended by section 2) that would be more effective
      than the process described in section 212(m)(2)(E) of such Act [8
      U.S.C. 1182(m)(2)(E)] (as so amended)."

                     ISSUANCE OF CERTIFIED STATEMENTS                 
      Pub. L. 106-95, Sec. 4(c), Nov. 12, 1999, 113 Stat. 1318,
    provided that: "The Commission on Graduates of Foreign Nursing
    Schools, or any approved equivalent independent credentialing
    organization, shall issue certified statements pursuant to the
    amendment under subsection (a) [amending this section] not more
    than 35 days after the receipt of a complete application for such a
    statement."

         EXTENSION OF AUTHORIZED PERIOD OF STAY FOR CERTAIN NURSES     
      Pub. L. 104-302, Sec. 1, Oct. 11, 1996, 110 Stat. 3656, provided
    that:
      "(a) Aliens Who Previously Entered the United States Pursuant to
    an H-1A Visa. - 
        "(1) In general. - Notwithstanding any other provision of law,
      the authorized period of stay in the United States of any
      nonimmigrant described in paragraph (2) is hereby extended
      through September 30, 1997.
        "(2) Nonimmigrant described. - A nonimmigrant described in this
      paragraph is a nonimmigrant - 
          "(A) who entered the United States as a nonimmigrant
        described in section 101(a)(15)(H)(i)(a) of the Immigration and
        Nationality Act [8 U.S.C. 1101(a)(15)(H)(i)(a)];
          "(B) who was within the United States on or after September
        1, 1995, and who is within the United States on the date of the
        enactment of this Act [Oct. 11, 1996]; and
          "(C) whose period of authorized stay has expired or would
        expire before September 30, 1997 but for the provisions of this
        section.
        "(3) Limitations. - Nothing in this section may be construed to
      extend the validity of any visa issued to a nonimmigrant
      described in section 101(a)(15)(H)(i)(a) of the Immigration and
      Nationality Act or to authorize the re-entry of any person
      outside the United States on the date of the enactment of this
      Act.
      "(b) Change of Employment. - A nonimmigrant whose authorized
    period of stay is extended by operation of this section shall not
    be eligible to change employers in accordance with section
    214.2(h)(2)(i)(D) of title 8, Code of Federal Regulations (as in
    effect on the day before the date of the enactment of this Act).
      "(c) Regulations. - Not later than 30 days after the date of the
    enactment of this Act, the Attorney General shall issue regulations
    to carry out the provisions of this section.
      "(d) Interim Treatment. - A nonimmigrant whose authorized period
    of stay is extended by operation of this section, and the spouse
    and child of such nonimmigrant, shall be considered as having
    continued to maintain lawful status as a nonimmigrant through
    September 30, 1997."

        REFERENCES TO INADMISSIBLE DEEMED TO INCLUDE EXCLUDABLE AND
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in
    subsec. (a)(1)(A) of this section to "inadmissible" is deemed to
    include a reference to "excludable", and any reference in law to an
    order of removal is deemed to include a reference to an order of
    exclusion and deportation or an order of deportation, see section
    309(d) of Pub. L. 104-208, set out in an Effective Date of 1996
    Amendments note under section 1101 of this title.

            ANNUAL REPORT ON ALIENS PAROLED INTO UNITED STATES        
      Section 602(b) of div. C of Pub. L. 104-208 provided that: "Not
    later than 90 days after the end of each fiscal year, the Attorney
    General shall submit a report to the Committee on the Judiciary of
    the House of Representatives and the Committee on the Judiciary of
    the Senate describing the number and categories of aliens paroled
    into the United States under section 212(d)(5) of the Immigration
    and Nationality Act [8 U.S.C. 1182(d)(5)]. Each such report shall
    provide the total number of aliens paroled into and residing in the
    United States and shall contain information and data for each
    country of origin concerning the number and categories of aliens
    paroled, the duration of parole, the current status of aliens
    paroled, and the number and categories of aliens returned to the
    custody from which they were paroled during the preceding fiscal
    year."

                      ASSISTANCE TO DRUG TRAFFICKERS                  
      Pub. L. 103-447, title I, Sec. 107, Nov. 2, 1994, 108 Stat. 4695,
    provided that: "The President shall take all reasonable steps
    provided by law to ensure that the immediate relatives of any
    individual described in section 487(a) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2291f(a)), and the business partners of any
    such individual or of any entity described in such section, are not
    permitted entry into the United States, consistent with the
    provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et
    seq.)."

            PROCESSING OF VISAS FOR ADMISSION TO UNITED STATES        
      Pub. L. 103-236, title I, Sec. 140(c), Apr. 30, 1994, 108 Stat.
    399, as amended by Pub. L. 103-415, Sec. 1(d), Oct. 25, 1994, 108
    Stat. 4299, provided that:
      "(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 [8 U.S.C. 1101 et seq.], has been made and that
    there is no basis under such system for the exclusion of such
    alien.
      "(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 [22 U.S.C. 4831
    et seq.]."

        ACCESS TO INTERSTATE IDENTIFICATION INDEX OF NATIONAL CRIME
                  INFORMATION CENTER; FINGERPRINT CHECKS
      Pub. L. 103-236, title I, Sec. 140(d)-(g), Apr. 30, 1994, 108
    Stat. 400, as amended by Pub. L. 103-317, title V, Sec. 505, Aug.
    26, 1994, 108 Stat. 1765; Pub. L. 104-208, div. C, title VI, Sec.
    671(g)(2), Sept. 30, 1996, 110 Stat. 3009-724; Pub. L. 105-119,
    title I, Sec. 126, Nov. 26, 1997, 111 Stat. 2471, provided that:
      "(d) Access to the Interstate Identification Index. - 
        "(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 (Public
      Law 101-162) [103 Stat. 988, 998].
        "(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) Fingerprint Checks. - 
        "(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 May
    1, 1998."

                           VISA LOOKOUT SYSTEMS                       
      Pub. L. 103-236, title I, Sec. 140(b), Apr. 30, 1994, 108 Stat.
    399, provided that: "Not later than 18 months after the date of the
    enactment of this Act [Apr. 30, 1994], the Secretary of State shall
    implement an upgrade of all overseas visa lookout operations to
    computerized systems with automated multiple-name search
    capabilities."
      Pub. L. 102-138, title I, Sec. 128, Oct. 28, 1991, 105 Stat. 660,
    as amended by Pub. L. 104-208, div. C, title III, Sec.
    308(d)(3)(C), Sept. 30, 1996, 110 Stat. 3009-617, provided that:
      "(a) Visas. - The Secretary of State may not include in the
    Automated Visa Lookout System, or in any other system or list which
    maintains information about the inadmissibility of aliens under the
    Immigration and Nationality Act [8 U.S.C. 1101 et seq.], the name
    of any alien who is not inadmissible from the United States under
    the Immigration and Nationality Act, subject to the provisions of
    this section.
      "(b) Correction of Lists. - Not later than 3 years after the date
    of enactment of this Act [Oct. 28, 1991], the Secretary of State
    shall - 
        "(1) correct the Automated Visa Lookout System, or any other
      system or list which maintains information about the
      inadmissibility of aliens under the Immigration and Nationality
      Act, by deleting the name of any alien not inadmissible under the
      Immigration and Nationality Act; and
        "(2) report to the Congress concerning the completion of such
      correction process.
      "(c) Report on Correction Process. - 
        "(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) Application. - This section refers to the Immigration and
    Nationality Act as in effect on and after June 1, 1991.
      "(e) Limitation. - 
        "(1) The Secretary may add or retain in such system or list the
      names of aliens who are not inadmissible 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 inadmissible. 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 [8 U.S.C. 1101 et seq.].
        "(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) Definition. - As used in this section the term 'appropriate
    congressional committees' means the Committee on the Judiciary and
    the Committee on Foreign Affairs [now Committee on International
    Relations] of the House of Representatives and the Committee on the
    Judiciary and the Committee on Foreign Relations of the Senate."

                  CHANGES IN LABOR CERTIFICATION PROCESS              
      Section 122 of Pub. L. 101-649, as amended by Pub. L. 103-416,
    title II, Sec. 219(ff), Oct. 25, 1995, 108 Stat. 4319, provided
    that:
      "[(a) Repealed. Pub. L. 103-416, title II, Sec. 219(ff), Oct. 25,
    1994, 108 Stat. 4319.]
      "(b) Notice in Labor Certifications. - The Secretary of Labor
    shall provide, in the labor certification process under section
    212(a)(5)(A) of the Immigration and Nationality Act [8 U.S.C.
    1182(a)(5)(A)], that - 
        "(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 Pub. L. 101-649, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(d)(3)(B), (f)(1)(Q), Sept. 30, 1996,
    110 Stat. 3009-617, 3009-621, provided that: "The Attorney General
    and the Secretary of State shall develop protocols and guidelines
    for updating lookout books and the automated visa lookout system
    and similar mechanisms for the screening of aliens applying for
    visas for admission, or for admission, to the United States. Such
    protocols and guidelines shall be developed in a manner that
    ensures that in the case of an alien - 
        "(1) whose name is in such system, and
        "(2) who either (A) applies for admission 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 inadmissibility under the
      Immigration and Nationality Act [8 U.S.C. 1101 et seq.],
    if the alien is no longer inadmissible 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 inadmissible the alien shall be informed
    of such determination."

    IMPLEMENTATION OF REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES
                           DURING 5-YEAR PERIOD
      Section 3(c) of Pub. L. 101-238 provided that: "The Secretary of
    Labor (in consultation with the Secretary of Health and Human
    Services) shall - 
        "(1) first publish final regulations to carry out section
      212(m) of the Immigration and Nationality Act [8 U.S.C. 1182(m)]
      (as added by this section) not later than the first day of the
      8th month beginning after the date of the enactment of this Act
      [Dec. 18, 1989]; and
        "(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 sections 1101 and 1182 of this title]
        beyond the 5-year period described in subsection (d) [set out
        above]."

       PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN
                                  GROUNDS
      Section 901 of Pub. L. 100-204, as amended by Pub. L. 100-461,
    title V, Sec. 555, Oct. 1, 1988, 102 Stat. 2268-36; Pub. L. 101-
    246, title I, Sec. 128, Feb. 16, 1990, 104 Stat. 30, provided that
    no nonimmigrant alien was to be denied a visa or excluded from
    admission into the United States, or subject to deportation because
    of any past, current or expected beliefs, statements or
    associations which, if engaged in by a United States citizen in the
    United States, would be protected under the Constitution of the
    United States, and which provided construction regarding excludable
    aliens and standing to sue, prior to repeal by Pub. L. 101-649,
    title VI, Sec. 603(a)(21), Nov. 29, 1990, 104 Stat. 5084.

         REGULATIONS GOVERNING ADMISSION, DETENTION, AND TRAVEL OF
           NONIMMIGRANT ALIENS IN GUAM PURSUANT TO VISA WAIVERS
      Section 14(b) of Pub. L. 99-396, as amended by Pub. L. 100-525,
    Sec. 3(1)(B), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
    General to issue, within 90 days after Aug. 27, 1986, regulations
    governing the admission, detention, and travel of nonimmigrant
    aliens pursuant to the visa waiver authorized by the amendment made
    by section 14(a) of Pub. L. 99-396, prior to repeal by Pub. L. 101-
    649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat. 5084.

         ANNUAL REPORT TO CONGRESS ON IMPLEMENTATION OF PROVISIONS
        AUTHORIZING WAIVER OF CERTAIN REQUIREMENTS FOR NONIMMIGRANT
                             VISITORS TO GUAM
      Section 14(c) of Pub. L. 99-396, as amended by Pub. L. 100-525,
    Sec. 3(1)(B), (C), Oct. 24, 1988, 102 Stat. 2614, directed Attorney
    General to submit a report each year on implementation of 8 U.S.C.
    1182(l) to Committees on the Judiciary and Interior and Insular
    Affairs of House of Representatives and Committees on the Judiciary
    and Energy and Natural Resources of Senate, prior to repeal by Pub.
    L. 101-649, title VI, Sec. 603(a)(19), Nov. 29, 1990, 104 Stat.
    5084.

            SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS        
      Pub. L. 99-93, title I, Sec. 132, Aug. 16, 1985, 99 Stat. 420,
    provided that:
      "(a) Reporting Systems. - In order to ensure that foreign
    narcotics traffickers are denied visas to enter the United States,
    as required by section 212(a)(23) of the Immigration and
    Naturalization Act ([former] 22 [8] U.S.C. 1182(a)(23)) - 
        "(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) Report. - Not later than six months after the date of the
    enactment of this Act [Aug. 16, 1985], the Chairman of the National
    Drug Enforcement Policy Board shall submit a report to the
    Committee on Foreign Affairs of the House of Representatives and
    the Committee on Foreign Relations of the Senate on the steps taken
    to implement this section."
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]

      REFUGEES FROM DEMOCRATIC KAMPUCHEA (CAMBODIA); TEMPORARY PAROLE
             INTO UNITED STATES FOR FISCAL YEARS 1979 AND 1980
      Pub. L. 95-431, title VI, Sec. 605, Oct. 10, 1978, 92 Stat. 1045,
    provided that it was the sense of Congress that United States give
    special consideration to plight of refugees from Democratic
    Kampuchea (Cambodia) and that Attorney General should parole into
    United States, under section 1182(d)(5) of this title for fiscal
    year 1979, 7,500 aliens who are nationals or citizens of Democratic
    Kampuchea and for fiscal year 1980, 7,500 such aliens.

                 RETROACTIVE ADJUSTMENT OF REFUGEE STATUS             
      Pub. L. 95-412, Sec. 5, Oct. 5, 1978, 92 Stat. 909, as amended by
    Pub. L. 96-212, title II, Sec. 203(g), Mar. 17, 1980, 94 Stat. 108,
    provided that any refugee, not otherwise eligible for retroactive
    adjustment of status, who was paroled into United States by
    Attorney General pursuant to section 1182(d)(5) of this title
    before Apr. 1, 1980, was to have his status adjusted pursuant to
    section 1153(g) and (h) of this title.

    REPORT BY ATTORNEY GENERAL TO CONGRESSIONAL COMMITTEES ON ADMISSION
                       OF CERTAIN EXCLUDABLE ALIENS
      Pub. L. 95-370, title IV, Sec. 401, Sept. 17, 1978, 92 Stat. 627,
    directed Attorney General, by October 30, 1979, to report to
    specific congressional committees on certain cases of the admission
    to the United States of aliens that may have been excludable under
    former section 1182(a)(27) to (29) of this title.

              NATIONAL BOARD OF MEDICAL EXAMINERS EXAMINATION          
      Section 602(a), (b) of Pub. L. 94-484, as added by Pub. L. 95-83,
    title III, Sec. 307(q)(3), Aug. 1, 1977, 91 Stat. 395, eff. Jan.
    10, 1977, provided that an alien who is a graduate of a medical
    school would be considered to have passed parts I and II of the
    National Board of Medical Examiners Examination if the alien was on
    January 9, 1977, a doctor of medicine fully and permanently
    licensed to practice medicine in a State, held on that date a valid
    specialty certificate issued by a constituent board of the American
    Board of Medical Specialties, and was on that date practicing
    medicine in a State, prior to repeal by Pub. L. 97-116, Sec.
    5(a)(3), Dec. 29, 1981, 95 Stat. 1612.

       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 Pub. L. 94-484 directed Secretary of Health,
    Education, and Welfare, not later than one year after Oct. 12,
    1976, to develop sufficient data to enable the Secretary of Labor
    to make equitable determinations with regard to applications for
    labor certification by graduates of foreign medical schools, such
    data to include the number of physicians (by specialty and by
    percent of population) in a geographic area necessary to provide
    adequate medical care, including such care in hospitals, nursing
    homes, and other health care institutions, in such area.

      RESETTLEMENT OF REFUGEE-ESCAPEE; REPORTS; FORMULA; TERMINATION
        DATE; PERSONS DIFFICULT TO RESETTLE; CREATION OF RECORD OF
                     ADMISSION FOR PERMANENT RESIDENCE
      Pub. L. 86-648, Secs. 1-4, 11, July 14, 1960, 74 Stat. 504, 505,
    as amended by Pub. L. 87-510, Sec. 6, June 28, 1962, 76 Stat. 124;
    Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79 Stat. 919, provided:
      "[Section 1. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
    Stat. 919.]
      "[Sec. 2. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
    Stat. 919.]
      "Sec. 3. Any alien who was paroled into the United States as a
    refugee-escapee, pursuant to section 1 of the Act, whose parole has
    not theretofore been terminated by the Attorney General pursuant to
    such regulations as he may prescribe under the authority of section
    212(d)(5) of the Immigration and Nationality Act [subsec. (d)(5) of
    this section]; and who has been in the United States for at least
    two years, and who has not acquired permanent residence, shall
    forthwith return or be returned to the custody of the Immigration
    and Naturalization Service and shall thereupon be inspected and
    examined for admission into the United States, and his case dealt
    with in accordance with the provisions of sections 235, 236, and
    237 of the Immigration and Nationality Act [sections 1225, 1226,
    and [former] 1227 of this title].
      "Sec. 4. Any alien who, pursuant to section 3 of this Act, is
    found, upon inspection by the immigration officer or after hearing
    before a special inquiry officer, to be admissible as an immigrant
    under the Immigration and Nationality Act [this chapter] at the
    time of his inspection and examination, except for the fact that he
    was not and is not in possession of the documents required by
    section 212(a)(20) of the said Act [former subsec. (a)(20) of this
    section], shall be regarded as lawfully admitted to the United
    States for permanent residence as of the date of his arrival.
                                 * * * * *                             

      "[Sec. 11. Repealed. Pub. L. 89-236, Sec. 16, Oct. 3, 1965, 79
    Stat. 919.]"

    CREATION OF RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE
                       OF CERTAIN HUNGARIAN REFUGEES
      Pub. L. 85-559, July 25, 1958, 72 Stat. 419, provided: "That any
    alien who was paroled into the United States as a refugee from the
    Hungarian revolution under section 212(d)(5) of the Immigration and
    Nationality Act [subsection (d)(5) of this section] subsequent to
    October 23, 1956, who has been in the United States for at least
    two years, and who has not acquired permanent residence, shall
    forthwith return or be returned to the custody of the Immigration
    and Naturalization Service, and shall thereupon be inspected and
    examined for admission into the United States, and his case dealt
    with, in accordance with the provisions of sections 235, 236 and
    237 of that Act [sections 1225, 1226 and [former] 1227 of this
    title].
      "Sec. 2. Any such alien who, pursuant to section 1 of this Act,
    is found, upon inspection by an immigration officer or after
    hearing before a special inquiry officer, to have been and to be
    admissible as an immigrant at the time of his arrival in the United
    States and at the time of his inspection and examination, except
    for the fact that he was not and is not in possession of the
    documents required by section 212(a)(20) of the Immigration and
    Nationality Act [former subsection (a)(20) of this section], shall
    be regarded as lawfully admitted to the United States for permanent
    residence as of the date of his arrival.
      "Sec. 3. Nothing contained in this Act shall be held to repeal,
    amend, alter, modify, affect, or restrict the powers, duties,
    functions, or authority of the Attorney General in the
    administration and enforcement of the Immigration and Nationality
    Act [this chapter] or any other law relating to immigration,
    nationality, or naturalization."

-EXEC-
         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 (8
    U.S.C. 1182(f) and 1185(a)(1)), in order to protect the sovereignty
    of the United States, and in accordance with cooperative
    arrangements with certain foreign governments, and having found
    that the entry of undocumented aliens, arriving at the borders of
    the United States from the high seas, is detrimental to the
    interests of the United States, do proclaim that:
      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.

    PROC. NO. 7750. TO SUSPEND ENTRY AS IMMIGRANTS OR NONIMMIGRANTS OF
             PERSONS ENGAGED IN OR BENEFITING FROM CORRUPTION
      Proc. No. 7750, Jan. 12, 2004, 69 F.R. 2287, provided:
      In light of the importance of legitimate and transparent public
    institutions to world stability, peace, and development, and the
    serious negative effects that corruption of public institutions has
    on the United States efforts to promote security and to strengthen
    democratic institutions and free market systems, and in light of
    the importance to the United States and the international community
    of fighting corruption, as evidenced by the Third Global Forum on
    Fighting Corruption and Safeguarding Integrity and other
    intergovernmental efforts, I have determined that it is in the
    interests of the United States to take action to restrict the
    international travel and to suspend the entry into the United
    States, as immigrants or nonimmigrants, of certain persons who have
    committed, participated in, or are beneficiaries of corruption in
    the performance of public functions where that corruption has
    serious adverse effects on international activity of U.S.
    businesses, U.S. foreign assistance goals, the security of the
    United States against transnational crime and terrorism, or the
    stability of democratic institutions and nations.
      NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States
    of America, by the authority vested in me by the Constitution and
    the laws of the United States, including section 212(f) of the
    Immigration and Nationality Act of 1952, 8 U.S.C. 1182(f), and
    section 301 of title 3, United States Code, hereby find that the
    unrestricted immigrant and nonimmigrant entry into the United
    States of persons described in section 1 of this proclamation
    would, except as provided in sections 2 and 3 of this proclamation,
    be detrimental to the interests of the United States.
      I therefore hereby proclaim that:
      Section 1. The entry into the United States, as immigrants or
    nonimmigrants, of the following persons is hereby suspended:
      (a) Public officials or former public officials whose
    solicitation or acceptance of any article of monetary value, or
    other benefit, in exchange for any act or omission in the
    performance of their public functions has or had serious adverse
    effects on the national interests of the United States.
      (b) Persons whose provision of or offer to provide any article of
    monetary value or other benefit to any public official in exchange
    for any act or omission in the performance of such official's
    public functions has or had serious adverse effects on the national
    interests of the United States.
      (c) Public officials or former public officials whose
    misappropriation of public funds or interference with the judicial,
    electoral, or other public processes has or had serious adverse
    effects on the national interests of the United States.
      (d) The spouses, children, and dependent household members of
    persons described in paragraphs (a), (b), and (c) above, who are
    beneficiaries of any articles of monetary value or other benefits
    obtained by such persons.
      Sec. 2. Section 1 of this proclamation shall not apply with
    respect to any person otherwise covered by section 1 where entry of
    the person into the United States would not be contrary to the
    interests of the United States.
      Sec. 3. Persons covered by sections 1 and 2 of this proclamation
    shall be identified by the Secretary of State or the Secretary's
    designee, in his or her sole discretion, pursuant to such standards
    and procedures as the Secretary may establish.
      Sec. 4. For purposes of this proclamation, "serious adverse
    effects on the national interests of the United States" means
    serious adverse effects on the international economic activity of
    U.S. businesses, U.S. foreign assistance goals, the security of the
    United States against transnational crime and terrorism, or the
    stability of democratic institutions and nations.
      Sec. 5. Nothing in this proclamation shall be construed to
    derogate from United States Government obligations under applicable
    international agreements.
      Sec. 6. The Secretary of State shall have responsibility for
    implementing this proclamation pursuant to such procedures as the
    Secretary may, in the Secretary's discretion, establish.
      Sec. 7. This proclamation is effective immediately.
      Sec. 8. This proclamation is not intended to, and does not,
    create any right or benefit, substantive or procedural, enforceable
    at law or in equity by any party, against the United States, its
    departments, agencies, or other entities, its officers or
    employees, or any other person.
      IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day
    of January, in the year of our Lord two thousand four, and of the
    Independence of the United States of America the two hundred and
    twenty-eighth.
                                                         George W. Bush.

                         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, Sec. 4,
    May 24, 1992, 57 F.R. 23134, set out below.

            EX. ORD. NO. 12807. INTERDICTION OF ILLEGAL ALIENS        
      Ex. Ord. No. 12807, May 24, 1992, 57 F.R. 23133, as amended by
    Ex. Ord. No. 13286, Sec. 30, Feb. 28, 2003, 68 F.R. 10625,
    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 (8 U.S.C. 1182(f) and 1185(a)(1)), and whereas:
      (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:
      Section 1. The Secretary of State shall undertake to enter into,
    on behalf of the United States, cooperative arrangements with
    appropriate foreign governments for the purpose of preventing
    illegal migration to the United States by sea.
      Sec. 2. (a) The Secretary of the Department in which the Coast
    Guard is operating, in consultation, where appropriate, with the
    Secretary of Defense, the Attorney General, and the Secretary of
    State, shall issue appropriate instructions to the Coast Guard in
    order to enforce the suspension of the entry of undocumented aliens
    by sea and the interdiction of any defined vessel carrying such
    aliens.
      (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 Secretary of Homeland Security, 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.
      Sec. 3. This order is intended only to improve the internal
    management of the Executive Branch. Neither this order nor any
    agency guidelines, procedures, instructions, directives, rules or
    regulations implementing this order shall create, or shall be
    construed to create, any right or benefit, substantive or
    procedural (including without limitation any right or benefit under
    the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et
    seq.]), legally enforceable by any party against the United States,
    its agencies or instrumentalities, officers, employees, or any
    other person. Nor shall this order be construed to require any
    procedures to determine whether a person is a refugee.
      Sec. 4. Executive Order No. 12324 is hereby revoked and replaced
    by this order.
      Sec. 5. This order shall be effective immediately.
                                                            George Bush.

       EX. ORD. NO. 13276. DELEGATION OF RESPONSIBILITIES CONCERNING
      UNDOCUMENTED ALIENS INTERDICTED OR INTERCEPTED IN THE CARIBBEAN
                                  REGION
      Ex. Ord. No. 13276, Nov. 15, 2002, 67 F.R. 69985, as amended by
    Ex. Ord. No. 13286, Sec. 1, Feb. 28, 2003, 68 F.R. 10619, 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 (8 U.S.C. 1182(f) and 1185(a)(1)), and section 301 of title
    3, United States Code, and in order to delegate appropriate
    responsibilities to Federal agencies for responding to migration of
    undocumented aliens in the Caribbean region, it is hereby ordered:
      Section 1. Duties and Authorities of Agency Heads. Consistent
    with applicable law,
      (a)(i) The Secretary of Homeland Security may maintain custody,
    at any location he deems appropriate, of any undocumented aliens he
    has reason to believe are seeking to enter the United States and
    who are interdicted or intercepted in the Caribbean region. In this
    regard, the Secretary of Homeland Security shall provide and
    operate a facility, or facilities, to house and provide for the
    needs of any such aliens. Such a facility may be located at
    Guantanamo Bay Naval Base or any other appropriate location.
      (ii) The Secretary of Homeland Security may conduct any screening
    of such aliens that he deems appropriate, including screening to
    determine whether such aliens should be returned to their country
    of origin or transit, or whether they are persons in need of
    protection who should not be returned without their consent. If the
    Secretary of Homeland Security institutes such screening, then
    until a determination is made, the Secretary of Homeland Security
    shall provide for the custody, care, safety, transportation, and
    other needs of the aliens. The Secretary of Homeland Security shall
    continue to provide for the custody, care, safety, transportation,
    and other needs of aliens who are determined not to be persons in
    need of protection until such time as they are returned to their
    country of origin or transit.
      (b) The Secretary of State shall provide for the custody, care,
    safety, transportation, and other needs of undocumented aliens
    interdicted or intercepted in the Caribbean region whom the
    Secretary of Homeland Security has identified as persons in need of
    protection. The Secretary of State shall provide for and execute a
    process for resettling such persons in need of protection, as
    appropriate, in countries other than their country of origin, and
    shall also undertake such diplomatic efforts as may be necessary to
    address the problem of illegal migration of aliens in the Caribbean
    region and to facilitate the return of those aliens who are
    determined not to be persons in need of protection.
      (c)(i) The Secretary of Defense shall make available to the
    Secretary of Homeland Security and the Secretary of State, for the
    housing and care of any undocumented aliens interdicted or
    intercepted in the Caribbean region and taken into their custody,
    any facilities at Guantanamo Bay Naval Base that are excess to
    current military needs and the provision of which does not
    interfere with the operation and security of the base. The
    Secretary of Defense shall be responsible for providing access to
    such facilities and perimeter security. The Secretary of Homeland
    Security and the Secretary of State, respectively, shall be
    responsible for reimbursement for necessary supporting utilities.
      (ii) In the event of a mass migration in the Caribbean region,
    the Secretary of Defense shall provide support to the Secretary of
    Homeland Security and the Secretary of State in carrying out the
    duties described in paragraphs (a) and (b) of this section
    regarding the custody, care, safety, transportation, and other
    needs of the aliens, and shall assume primary responsibility for
    these duties on a nonreimbursable basis as necessary to contain the
    threat to national security posed by the migration. The Secretary
    of Defense shall also provide support to the Coast Guard in
    carrying out the duties described in Executive Order 12807 of May
    24, 1992 [set out above], regarding interdiction of migrants.
      Sec. 2. Definitions. For purposes of this order, the term "mass
    migration" means a migration of undocumented aliens that is of such
    magnitude and duration that it poses a threat to the national
    security of the United States, as determined by the President.
      Sec. 3. Scope.
      (a) Nothing in this order shall be construed to impair or
    otherwise affect the authorities and responsibilities set forth in
    Executive Order 12807 of May 24, 1992 [set out above].
      (b) Nothing in this order shall be construed to make reviewable
    in any judicial or administrative proceeding, or otherwise, any
    action, omission, or matter that otherwise would not be reviewable.
      (c) This order is intended only to improve the management of the
    executive branch. This order is not intended to, and does not,
    create any right or benefit, substantive or procedural, enforceable
    at law or equity or otherwise against the United States, its
    departments, agencies, entities, instrumentalities, officers,
    employees, or any other person.
      (d) Any agency assigned any duties by this order may use the
    provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry
    out such duties, to the extent permitted by such Act.
      (e) This order shall not be construed to require any procedure to
    determine whether a person is a refugee or otherwise in need of
    protection.
                                                         George W. Bush.

     DELEGATION OF AUTHORITY UNDER SECTIONS 1182(F) AND 1185(A)(1) OF
                                THIS TITLE
      Memorandum of President of the United States, Sept. 24, 1999, 64
    F.R. 55809, provided:
      Memorandum for the Attorney General
      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 (8 U.S.C. 1182(f) and 1185(a)(1)), and in light of
    Proclamation 4865 of September 29, 1981 [set out above], I hereby
    delegate to the Attorney General the authority to:
        (a) Maintain custody, at any location she deems appropriate,
      and conduct any screening she deems appropriate in her
      unreviewable discretion, of any undocumented person she has
      reason to believe is seeking to enter the United States and who
      is encountered in a vessel interdicted on the high seas through
      December 31, 2000; and
        (b) Undertake any other appropriate actions with respect to
      such aliens permitted by law.
      With respect to the functions delegated by this order, all
    actions taken after April 16, 1999, for or on behalf of the
    President that would have been valid if taken pursuant to this
    memorandum are ratified.
      This memorandum is not intended to create, and should not be
    construed to create, any right or benefit, substantive or
    procedural, legally enforceable by any party against the United
    States, its agencies or instrumentalities, officers, employees, or
    any other person, or to require any procedures to determine whether
    a person is a refugee.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) See Reference in Text note below.

    (!2) So in original. Probably should be a reference to section
         1229c of this title.

    (!3) So in original. Probably should be preceded by "ineligible
         for".

    (!4) So in original.

    (!5) So in original. Probably should be "Secretary's".

    (!6) So in original. Probably should be "(10)(E))".

    (!7) So in original.

    (!8) So in original. Probably should be "or".

    (!9) So in original. Probably should be "clause".

    (!10) So in original. Two subsecs. (t) have been enacted.

    (!11) So in original. Two subsecs. (t) have been enacted.

-End-

-CITE-
    8 USC Secs. 1182a to 1182c                                  01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Secs. 1182a to 1182c. Repealed.

-MISC1-
    Secs. 1182a to 1182c. Repealed. Pub. L. 87-301, Sec. 24(a)(1), (3),
      Sept. 26, 1961, 75 Stat. 657.
      Section 1182a, act Sept. 3, 1954, ch. 1254, Sec. 4, 68 Stat.
    1145, related to admission of aliens who were either convicted, or
    who admitted the commission, of a misdemeanor.
      Section 1182b, Pub. L. 85-316, Sec. 5, Sept. 11, 1957, 71 Stat.
    640, permitted admission of an alien spouse, child or parent
    excludable for crime involving moral turpitude in cases of
    hardship, when not contrary to national welfare or security, and
    with Attorney General's consent, and under conditions and
    procedures prescribed by him. See section 1182(h) of this title.
      Section 1182c, Pub. L. 85-316, Sec. 6, Sept. 11, 1957, 71 Stat.
    640; Pub. L. 86-253, Sec. 1, Sept. 9, 1959, 73 Stat. 490,
    authorized admission of an alien spouse, child, or parent of a
    United States citizen afflicted with tuberculosis under terms,
    conditions and controls prescribed by Attorney General. See section
    1182(g) of this title.

-End-

-CITE-
    8 USC Sec. 1182d                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1182d. Denial of visas to confiscators of American property

-STATUTE-
    (a) Denial of visas
      Except as otherwise provided in section 6091 of title 22, and
    subject to subsection (b) of this section, the Secretary of State
    may deny the issuance of a visa to any alien who - 
        (1) through the abuse of position, including a governmental or
      political party position, converts or has converted for personal
      gain real property that has been confiscated or expropriated, a
      claim to which is owned by a national of the United States, or
      who is complicit in such a conversion; or
        (2) induces any of the actions or omissions described in
      paragraph (1) by any person.
    (b) Exceptions
      Subsection (a) of this section shall not apply to - 
        (1) any country established by international mandate through
      the United Nations; or
        (2) any territory recognized by the United States Government to
      be in dispute.
    (c) Reporting requirement
      Not later than 6 months after October 21, 1998, and every 12
    months thereafter, the Secretary of State shall submit to the
    Speaker of the House of Representatives and to the chairman of the
    Committee on Foreign Relations of the Senate a report, including - 
        (1) a list of aliens who have been denied a visa under this
      subsection; and
        (2) a list of aliens who could have been denied a visa under
      subsection (a) of this section but were issued a visa and an
      explanation as to why each such visa was issued.

-SOURCE-
    (Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2225, Oct.
    21, 1998, 112 Stat. 2681-819.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Foreign Relations
    Authorization Act, Fiscal Years 1998 and 1999, and also as part of
    the Foreign Affairs Reform and Restructuring Act of 1998, and the
    Omnibus Consolidated and Emergency Supplemental Appropriations Act,
    1999, and not as part of the Immigration and Nationality Act which
    comprises this chapter.

-End-

-CITE-
    8 USC Sec. 1182e                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1182e. Denial of entry into United States of foreign nationals
      engaged in establishment or enforcement of forced abortion or
      sterilization policy

-STATUTE-
    (a) Denial of entry
      Notwithstanding any other provision of law, the Secretary of
    State may not issue any visa to, and the Attorney General may not
    admit to the United States, any foreign national whom the Secretary
    finds, based on credible and specific information, to have been
    directly involved in the establishment or enforcement of population
    control policies forcing a woman to undergo an abortion against her
    free choice or forcing a man or woman to undergo sterilization
    against his or her free choice, unless the Secretary has
    substantial grounds for believing that the foreign national has
    discontinued his or her involvement with, and support for, such
    policies.
    (b) Exceptions
      The prohibitions in subsection (a) of this section shall not
    apply in the case of a foreign national who is a head of state,
    head of government, or cabinet level minister.
    (c) Waiver
      The Secretary of State may waive the prohibitions in subsection
    (a) of this section with respect to a foreign national if the
    Secretary - 
        (1) determines that it is important to the national interest of
      the United States to do so; and
        (2) provides written notification to the appropriate
      congressional committees containing a justification for the
      waiver.

-SOURCE-
    (Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VIII, Sec.
    801], Nov. 29, 1999, 113 Stat. 1536, 1501A-468.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001, and not as part of the Immigration and Nationality Act which
    comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1182f                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1182f. Denial of entry into United States of Chinese and other
      nationals engaged in coerced organ or bodily tissue
      transplantation

-STATUTE-
    (a) Denial of entry
      Notwithstanding any other provision of law and except as provided
    in subsection (b) of this section, the Secretary shall direct
    consular officers not to issue a visa to any person whom the
    Secretary finds, based on credible and specific information, to
    have been directly involved with the coercive transplantation of
    human organs or bodily tissue, unless the Secretary has substantial
    grounds for believing that the foreign national has discontinued
    his or her involvement with, and support for, such practices.
    (b) Exception
      The prohibitions in subsection (a) of this section do not apply
    to an applicant who is a head of state, head of government, or
    cabinet-level minister.
    (c) Waiver
      The Secretary may waive the prohibitions in subsection (a) of
    this section with respect to a foreign national if the Secretary - 
        (1) determines that it is important to the national interest of
      the United States to do so; and
        (2) not later than 30 days after the issuance of a visa,
      provides written notification to the appropriate congressional
      committees containing a justification for the waiver.

-SOURCE-
    (Pub. L. 107-228, div. A, title II, Sec. 232, Sept. 30, 2002, 116
    Stat. 1372.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of State
    Authorization Act, Fiscal Year 2003, and also as part of the
    Foreign Relations Authorization Act, Fiscal Year 2003, and not as
    part of the Immigration and Nationality Act which comprises this
    chapter.

-CROSS-
                                DEFINITIONS                            
      For definitions of "Secretary" and "appropriate congressional
    committees" as used in this section, see section 3 of Pub. L. 107-
    228, set out as a note under section 2651 of Title 22, Foreign
    Relations and Intercourse.

-End-

-CITE-
    8 USC Sec. 1183                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1183. Admission of aliens on giving bond or undertaking;
      return upon permanent departure

-STATUTE-
      An alien inadmissible under paragraph (4) of section 1182(a) of
    this title may, if otherwise admissible, be admitted in the
    discretion of the Attorney General (subject to the affidavit of
    support requirement and attribution of sponsor's income and
    resources under section 1183a of this title) upon the giving of a
    suitable and proper bond or undertaking approved by the Attorney
    General, in such amount and containing such conditions as he may
    prescribe, to the United States, and to all States, territories,
    counties, towns, municipalities, and districts thereof holding the
    United States and all States, territories, counties, towns,
    municipalities, and districts thereof harmless against such alien
    becoming a public charge. Such bond or undertaking shall terminate
    upon the permanent departure from the United States, the
    naturalization, or the death of such alien, and any sums or other
    security held to secure performance thereof, except to the extent
    forfeited for violation of the terms thereof, shall be returned to
    the person by whom furnished, or to his legal representatives. Suit
    may be brought thereon in the name and by the proper law officers
    of the United States for the use of the United States, or of any
    State, territory, district, county, town, or municipality in which
    such alien becomes a public charge, irrespective of whether a
    demand for payment of public expenses has been made.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 213, 66 Stat. 188;
    Pub. L. 91-313, Sec. 1, July 10, 1970, 84 Stat. 413; Pub. L. 101-
    649, title VI, Sec. 603(a)(8), Nov. 29, 1990, 104 Stat. 5083; Pub.
    L. 104-208, div. C, title III, Sec. 308(d)(3)(A), title V, Sec.
    564(f), Sept. 30, 1996, 110 Stat. 3009-617, 3009-684.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 564(f), inserted "(subject to the
    affidavit of support requirement and attribution of sponsor's
    income and resources under section 1183a of this title)" after "in
    the discretion of the Attorney General".
      Pub. L. 104-208, Sec. 308(d)(3)(A), substituted "inadmissible"
    for "excludable".
      1990 - Pub. L. 101-649 substituted "(4)" for "(7) or (15)" and
    inserted before period at end ", irrespective of whether a demand
    for payment of public expenses has been made" after "becomes a
    public charge".
      1970 - Pub. L. 91-313 substituted provisions admitting, under the
    specified conditions, an alien excludable under pars. (7) or (15)
    of section 1182(a) of this title, for provisions admitting, under
    the specified conditions, any alien excludable because of the
    likelihood of becoming a public charge or because of physical
    disability other than tuberculosis in any form, leprosy, or a
    dangerous contagious disease, and struck out provisions authorizing
    a cash deposit with the Attorney General in lieu of a bond, such
    amount to be deposited in the United States Postal Savings System,
    and provisions that the admission of the alien be consideration for
    the giving of the bond, undertaking, or cash deposit.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(3)(A) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 564(f) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 591 of Pub. L. 104-208, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1183a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1183a. Requirements for sponsor's affidavit of support

-STATUTE-
    (a) Enforceability
      (1) Terms of affidavit
        No affidavit of support may be accepted by the Attorney General
      or by any consular officer to establish that an alien is not
      excludable as a public charge under section 1182(a)(4) of this
      title unless such affidavit is executed by a sponsor of the alien
      as a contract - 
          (A) in which the sponsor agrees to provide support to
        maintain the sponsored alien at an annual income that is not
        less than 125 percent of the Federal poverty line during the
        period in which the affidavit is enforceable;
          (B) that is legally enforceable against the sponsor by the
        sponsored alien, the Federal Government, any State (or any
        political subdivision of such State), or by any other entity
        that provides any means-tested public benefit (as defined in
        subsection (e) (!1) of this section), consistent with the
        provisions of this section; and

          (C) in which the sponsor agrees to submit to the jurisdiction
        of any Federal or State court for the purpose of actions
        brought under subsection (b)(2) of this section.
      (2) Period of enforceability
        An affidavit of support shall be enforceable with respect to
      benefits provided for an alien before the date the alien is
      naturalized as a citizen of the United States, or, if earlier,
      the termination date provided under paragraph (3).
      (3) Termination of period of enforceability upon completion of
        required period of employment, etc.
        (A) In general
          An affidavit of support is not enforceable after such time as
        the alien (i) has worked 40 qualifying quarters of coverage as
        defined under title II of the Social Security Act [42 U.S.C.
        401 et seq.] or can be credited with such qualifying quarters
        as provided under subparagraph (B), and (ii) in the case of any
        such qualifying quarter creditable for any period beginning
        after December 31, 1996, did not receive any Federal means-
        tested public benefit (as provided under section 1613 of this
        title) during any such period.
        (B) Qualifying quarters
          For purposes of this section, in determining the number of
        qualifying quarters of coverage under title II of the Social
        Security Act [42 U.S.C. 401 et seq.] an alien shall be credited
        with - 
            (i) all of the qualifying quarters of coverage as defined
          under title II of the Social Security Act worked by a parent
          of such alien while the alien was under age 18, and
            (ii) all of the qualifying quarters worked by a spouse of
          such alien during their marriage and the alien remains
          married to such spouse or such spouse is deceased.

        No such qualifying quarter of coverage that is creditable under
        title II of the Social Security Act for any period beginning
        after December 31, 1996, may be credited to an alien under
        clause (i) or (ii) if the parent or spouse (as the case may be)
        of such alien received any Federal means-tested public benefit
        (as provided under section 1613 of this title) during the
        period for which such qualifying quarter of coverage is so
        credited.
        (C) Provision of information to save system
          The Attorney General shall ensure that appropriate
        information regarding the application of this paragraph is
        provided to the system for alien verification of eligibility
        (SAVE) described in section 1137(d)(3) of the Social Security
        Act [42 U.S.C. 1320b-7(d)(3)].
    (b) Reimbursement of government expenses
      (1) Request for reimbursement
        (A) Requirement
          Upon notification that a sponsored alien has received any
        means-tested public benefit, the appropriate nongovernmental
        entity which provided such benefit or the appropriate entity of
        the Federal Government, a State, or any political subdivision
        of a State shall request reimbursement by the sponsor in an
        amount which is equal to the unreimbursed costs of such
        benefit.
        (B) Regulations
          The Attorney General, in consultation with the heads of other
        appropriate Federal agencies, shall prescribe such regulations
        as may be necessary to carry out subparagraph (A).
      (2) Actions to compel reimbursement
        (A) In case of nonresponse
          If within 45 days after a request for reimbursement under
        paragraph (1)(A), the appropriate entity has not received a
        response from the sponsor indicating a willingness to commence
        payment an action may be brought against the sponsor pursuant
        to the affidavit of support.
        (B) In case of failure to pay
          If the sponsor fails to abide by the repayment terms
        established by the appropriate entity, the entity may bring an
        action against the sponsor pursuant to the affidavit of
        support.
        (C) Limitation on actions
          No cause of action may be brought under this paragraph later
        than 10 years after the date on which the sponsored alien last
        received any means-tested public benefit to which the affidavit
        of support applies.
      (3) Use of collection agencies
        If the appropriate entity under paragraph (1)(A) requests
      reimbursement from the sponsor or brings an action against the
      sponsor pursuant to the affidavit of support, the appropriate
      entity may appoint or hire an individual or other person to act
      on behalf of such entity acting under the authority of law for
      purposes of collecting any amounts owed.
    (c) Remedies
      Remedies available to enforce an affidavit of support under this
    section include any or all of the remedies described in section
    3201, 3203, 3204, or 3205 of title 28, as well as an order for
    specific performance and payment of legal fees and other costs of
    collection, and include corresponding remedies available under
    State law. A Federal agency may seek to collect amounts owed under
    this section in accordance with the provisions of subchapter II of
    chapter 37 of title 31.
    (d) Notification of change of address
      (1) General requirement
        The sponsor shall notify the Attorney General and the State in
      which the sponsored alien is currently a resident within 30 days
      of any change of address of the sponsor during the period in
      which an affidavit of support is enforceable.
      (2) Penalty
        Any person subject to the requirement of paragraph (1) who
      fails to satisfy such requirement shall, after notice and
      opportunity to be heard, be subject to a civil penalty of - 
          (A) not less than $250 or more than $2,000, or
          (B) if such failure occurs with knowledge that the sponsored
        alien has received any means-tested public benefits (other than
        benefits described in section 1611(b), 1613(c)(2), or 1621(b)
        of this title) not less than $2,000 or more than $5,000.

      The Attorney General shall enforce this paragraph under
      appropriate regulations.
    (e) Jurisdiction
      An action to enforce an affidavit of support executed under
    subsection (a) of this section may be brought against the sponsor
    in any appropriate court - 
        (1) by a sponsored alien, with respect to financial support; or
        (2) by the appropriate entity of the Federal Government, a
      State or any political subdivision of a State, or by any other
      nongovernmental entity under subsection (b)(2) of this section,
      with respect to reimbursement.
    (f) "Sponsor" defined
      (1) In general
        For purposes of this section the term "sponsor" in relation to
      a sponsored alien means an individual who executes an affidavit
      of support with respect to the sponsored alien and who - 
          (A) is a citizen or national of the United States or an alien
        who is lawfully admitted to the United States for permanent
        residence;
          (B) is at least 18 years of age;
          (C) is domiciled in any of the several States of the United
        States, the District of Columbia, or any territory or
        possession of the United States;
          (D) is petitioning for the admission of the alien under
        section 1154 of this title; and
          (E) demonstrates (as provided in paragraph (6)) the means to
        maintain an annual income equal to at least 125 percent of the
        Federal poverty line.
      (2) Income requirement case
        Such term also includes an individual who does not meet the
      requirement of paragraph (1)(E) but accepts joint and several
      liability together with an individual under paragraph (5)(A).
      (3) Active duty armed services case
        Such term also includes an individual who does not meet the
      requirement of paragraph (1)(E) but is on active duty (other than
      active duty for training) in the Armed Forces of the United
      States, is petitioning for the admission of the alien under
      section 1154 of this title as the spouse or child of the
      individual, and demonstrates (as provided in paragraph (6)) the
      means to maintain an annual income equal to at least 100 percent
      of the Federal poverty line.
      (4) Certain employment-based immigrants case
        Such term also includes an individual - 
          (A) who does not meet the requirement of paragraph (1)(D),
        but is the relative of the sponsored alien who filed a
        classification petition for the sponsored alien as an
        employment-based immigrant under section 1153(b) of this title
        or who has a significant ownership interest in the entity that
        filed such a petition; and
          (B)(i) who demonstrates (as provided under paragraph (6)) the
        means to maintain an annual income equal to at least 125
        percent of the Federal poverty line, or
          (ii) does not meet the requirement of paragraph (1)(E) but
        accepts joint and several liability together with an individual
        under paragraph (5)(A).
      (5) Non-petitioning cases
        Such term also includes an individual who does not meet the
      requirement of paragraph (1)(D) but who - 
          (A) accepts joint and several liability with a petitioning
        sponsor under paragraph (2) or relative of an employment-based
        immigrant under paragraph (4) and who demonstrates (as provided
        under paragraph (6)) the means to maintain an annual income
        equal to at least 125 percent of the Federal poverty line; or
          (B) is a spouse, parent, mother-in-law, father-in-law,
        sibling, child (if at least 18 years of age), son, daughter,
        son-in-law, daughter-in-law, sister-in-law, brother-in-law,
        grandparent, or grandchild of a sponsored alien or a legal
        guardian of a sponsored alien, meets the requirements of
        paragraph (1) (other than subparagraph (D)), and executes an
        affidavit of support with respect to such alien in a case in
        which - 
            (i) the individual petitioning under section 1154 of this
          title for the classification of such alien died after the
          approval of such petition; and
            (ii) the Attorney General has determined for humanitarian
          reasons that revocation of such petition under section 1155
          of this title would be inappropriate.
      (6) Demonstration of means to maintain income
        (A) In general
          (i) Method of demonstration
            For purposes of this section, a demonstration of the means
          to maintain income shall include provision of a certified
          copy of the individual's Federal income tax return for the
          individual's 3 most recent taxable years and a written
          statement, executed under oath or as permitted under penalty
          of perjury under section 1746 of title 28 that the copies are
          certified copies of such returns.
          (ii) Flexibility
            For purposes of this section, aliens may demonstrate the
          means to maintain income through demonstration of significant
          assets of the sponsored alien or of the sponsor, if such
          assets are available for the support of the sponsored alien.
          (iii) Percent of poverty
            For purposes of this section, a reference to an annual
          income equal to at least a particular percentage of the
          Federal poverty line means an annual income equal to at least
          such percentage of the Federal poverty line for a family unit
          of a size equal to the number of members of the sponsor's
          household (including family and non-family dependents) plus
          the total number of other dependents and aliens sponsored by
          that sponsor.
        (B) Limitation
          The Secretary of State, or the Attorney General in the case
        of adjustment of status, may provide that the demonstration
        under subparagraph (A) applies only to the most recent taxable
        year.
    (h) (!2) "Federal poverty line" defined

      For purposes of this section, the term "Federal poverty line"
    means the level of income equal to the official poverty line (as
    defined by the Director of the Office of Management and Budget, as
    revised annually by the Secretary of Health and Human Services, in
    accordance with section 9902(2) of title 42) that is applicable to
    a family of the size involved.
    (i) Sponsor's social security account number required to be
      provided
      (1) An affidavit of support shall include the social security
    account number of each sponsor.
      (2) The Attorney General shall develop an automated system to
    maintain the social security account number data provided under
    paragraph (1).
      (3) The Attorney General shall submit an annual report to the
    Committees on the Judiciary of the House of Representatives and the
    Senate setting forth - 
        (A) for the most recent fiscal year for which data are
      available the number of sponsors under this section and the
      number of sponsors in compliance with the financial obligations
      of this section; and
        (B) a comparison of such numbers with the numbers of such
      sponsors for the preceding fiscal year.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 213A, as added Pub.
    L. 104-193, title IV, Sec. 423(a), Aug. 22, 1996, 110 Stat. 2271;
    amended Pub. L. 104-208, div. C, title V, Sec. 551(a), Sept. 30,
    1996, 110 Stat. 3009-675; Pub. L. 107-150, Sec. 2(a)(1), (3), Mar.
    13, 2002, 116 Stat. 74, 75.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (e) of this section, referred to in subsec. (a)(1)(B),
    does not define "means-tested public benefit".
      The Social Security Act, referred to in subsec. (a)(3)(A), (B),
    is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II
    of the Act is classified generally to subchapter II (Sec. 401 et
    seq.) of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (f)(2), (4)(B)(ii). Pub. L. 107-150, Sec. 2(a)(3),
    substituted "paragraph (5)(A)" for "paragraph (5)".
      Subsec. (f)(5). Pub. L. 107-150, Sec. 2(a)(1), amended heading
    and text of par. (5) generally. Prior to amendment, text read as
    follows: "Such term also includes an individual who does not meet
    the requirement of paragraph (1)(D) but who accepts joint and
    several liability with a petitioning sponsor under paragraph (2) or
    relative of an employment-based immigrant under paragraph (4) and
    who demonstrates (as provided under paragraph (6)) the means to
    maintain an annual income equal to at least 125 percent of the
    Federal poverty line."
      1996 - Pub. L. 104-208 amended section generally, substituting
    subsecs. (a) to (i) for former subsecs. (a) to (f) relating to
    requirements for sponsor's affidavits of support.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-150 applicable with respect to deaths
    occurring before, on, or after Mar. 13, 2002, except that, in case
    of death occurring before such date, such amendments shall apply
    only if (1) the sponsored alien requests Attorney General to
    reinstate the classification petition that was filed with respect
    to the alien by deceased and approved under section 1154 of this
    title before such death and demonstrates that he or she is able to
    satisfy requirement of section 1182(a)(4)(C)(ii) of this title by
    reason of such amendments; and (2) Attorney General reinstates such
    petition after making the determination described in subsec.
    (f)(5)(B)(ii) of this section, see section 2(b) of Pub. L. 107-150,
    set out as a note under section 1182 of this title.

          EFFECTIVE DATE OF 1996 AMENDMENTS; PROMULGATION OF FORM      
      Section 551(c) of div. C of Pub. L. 104-208 provided that:
      "(1) In general. - The amendments made by this section [enacting
    this section, amending sections 1631 and 1632 of this title, and
    repealing provisions set out as a note under this section] shall
    apply to affidavits of support executed on or after a date
    specified by the Attorney General, which date shall be not earlier
    than 60 days (and not later than 90 days) after the date the
    Attorney General formulates the form for such affidavits under
    paragraph (2).
      "(2) Promulgation of form. - Not later than 90 days after the
    date of the enactment of this Act [Sept. 30, 1996], the Attorney
    General, in consultation with the heads of other appropriate
    agencies, shall promulgate a standard form for an affidavit of
    support consistent with the provisions of section 213A of the
    Immigration and Nationality Act [this section], as amended by
    subsection (a)."
      Section 423(c) of Pub. L. 104-193 provided that subsec. (a) of
    this section was applicable to affidavits of support executed on or
    after a date specified by Attorney General, which date was to be
    not earlier than 60 days (and not later than 90 days) after date
    Attorney General formulated form for such affidavits under subsec.
    (b) of this section, prior to repeal by Pub. L. 104-208, div. C,
    title V, Sec. 551(b)(2), Sept. 30, 1996, 104 Stat. 3009-679.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                  FEES RELATING TO AFFIDAVITS OF SUPPORT              
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
    232], Nov. 29, 1999, 113 Stat. 1536, 1501A-425, as amended by Pub.
    L. 107-228, div. A, title II, Sec. 211(b), Sept. 30, 2002, 116
    Stat. 1365, provided that:
      "(a) Authority To Charge Fee. - The Secretary of State may charge
    and retain a fee or surcharge for services provided by the
    Department of State to any sponsor who provides an affidavit of
    support under section 213A of the Immigration and Nationality Act
    (8 U.S.C. 1183a) to ensure that such affidavit is properly
    completed before it is forwarded to a consular post for
    adjudication by a consular officer in connection with the
    adjudication of an immigrant visa. Such fee or surcharge shall be
    in addition to and separate from any fee imposed for immigrant visa
    application processing and issuance, and shall recover only the
    costs of such services not recovered by such fee.
      "(b) Limitation. - Any fee established under subsection (a) shall
    be charged only once to a sponsor or joint sponsors who file
    essentially duplicative affidavits of support in connection with
    separate immigrant visa applications from the spouse and children
    of any petitioner required by the Immigration and Nationality Act
    [8 U.S.C. 1101 et seq.] to petition separately for such persons.
      "(c) Treatment of Fees. - Fees collected under the authority of
    subsection (a) shall be deposited as an offsetting collection to
    any Department of State appropriation to recover the cost of
    providing consular services. Such fees shall remain available for
    obligation until expended."

                     PILOT PROGRAMS TO REQUIRE BONDING                 
      Section 564 of div. C of Pub. L. 104-208 provided that:
      "(a) In General. - 
        "(1) The Attorney General of the United States shall establish
      a pilot program in 5 district offices of the Immigration and
      Naturalization Service to require aliens to post a bond in
      addition to the affidavit requirements under section 213A of the
      Immigration and Nationality Act [8 U.S.C. 1183a] and the deeming
      requirements under section 421 of the Personal Responsibility and
      Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631). Any
      pilot program established pursuant to this subsection shall
      require an alien to post a bond in an amount sufficient to cover
      the cost of benefits described in section 213A(d)(2)(B) of the
      Immigration and Nationality Act (as amended by section 551(a) of
      this division) for the alien and the alien's dependents and shall
      remain in effect until the departure, naturalization, or death of
      the alien.
        "(2) Suit on any such bonds may be brought under the terms and
      conditions set forth in section 213A of the Immigration and
      Nationality Act [8 U.S.C. 1183a].
      "(b) Regulations. - Not later than 180 days after the date of the
    enactment of this Act [Sept. 30, 1996], the Attorney General shall
    issue regulations for establishing the pilot programs, including - 
        "(1) criteria and procedures for - 
          "(A) certifying bonding companies for participation in the
        program, and
          "(B) debarment of any such company that fails to pay a bond,
        and
        "(2) criteria for setting the amount of the bond to assure that
      the bond is in an amount that is not less than the cost of
      providing benefits under the programs described in subsection
      (a)(1) for the alien and the alien's dependents for 6 months.
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out this
    section.
      "(d) Annual Reporting Requirement. - Beginning 9 months after the
    date of implementation of the pilot program, the Attorney General
    shall submit annually to the Committees on the Judiciary of the
    House of Representatives and the Senate a report on the
    effectiveness of the program. The Attorney General shall submit a
    final evaluation of the program not later than 1 year after
    termination.
      "(e) Sunset. - The pilot program under this section shall
    terminate after 3 years of operation.
      "(f) Bonds in Addition to Sponsorship and Deeming Requirements. -
    [Amended section 1183 of this title.]"

                   BENEFITS NOT SUBJECT TO REIMBURSEMENT               
      Section 423(d) of Pub. L. 104-193, as amended by Pub. L. 105-277,
    div. A, Sec. 101(f) [title VIII, Sec. 405(d)(3)(B), (f)(3)(B)],
    Oct. 21, 1998, 112 Stat. 2681-337, 2681-419, 2681-430; Pub. L. 106-
    78, title VII, Sec. 752(b)(6), Oct. 22, 1999, 113 Stat. 1169,
    provided that: "Requirements for reimbursement by a sponsor for
    benefits provided to a sponsored alien pursuant to an affidavit of
    support under section 213A of the Immigration and Nationality Act
    [8 U.S.C. 1183a] shall not apply with respect to the following:
        "(1) Medical assistance described in section 401(b)(1)(A) [8
      U.S.C. 1611(b)(1)(A)] or assistance described in section
      411(b)(1) [8 U.S.C. 1621(b)(1)].
        "(2) Short-term, non-cash, in-kind emergency disaster relief.
        "(3) Assistance or benefits under the Richard B. Russell
      National School Lunch Act [42 U.S.C. 1751 et seq.].
        "(4) Assistance or benefits under the Child Nutrition Act of
      1966 [42 U.S.C. 1771 et seq.].
        "(5) Public health assistance for immunizations (not including
      any assistance under title XIX of the Social Security Act [42
      U.S.C. 1396 et seq.]) with respect to immunizable diseases and
      for testing and treatment of symptoms of communicable diseases
      whether or not such symptoms are caused by a communicable
      disease.
        "(6) Payments for foster care and adoption assistance under
      parts B and E of title IV of the Social Security Act [42 U.S.C.
      620 et seq., 670 et seq.] for a parent or a child, but only if
      the foster or adoptive parent (or parents) of such child is a
      qualified alien (as defined in section 431 [8 U.S.C. 1641]).
        "(7) Programs, services, or assistance (such as soup kitchens,
      crisis counseling and intervention, and short-term shelter)
      specified by the Attorney General, in the Attorney General's sole
      and unreviewable discretion after consultation with appropriate
      Federal agencies and departments, which (A) deliver in-kind
      services at the community level, including through public or
      private nonprofit agencies; (B) do not condition the provision of
      assistance, the amount of assistance provided, or the cost of
      assistance provided on the individual recipient's income or
      resources; and (C) are necessary for the protection of life or
      safety.
        "(8) Programs of student assistance under titles IV, V, IX, and
      X of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.,
      1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 et
      seq.], and titles III, VII, and VIII of the Public Health Service
      Act [42 U.S.C. 241 et seq., 292 et seq., 296 et seq.].
        "(9) Benefits under the Head Start Act [42 U.S.C. 9831 et
      seq.].
        "(10) Means-tested programs under the Elementary and Secondary
      Education Act of 1965 [20 U.S.C. 6301 et seq.].
        "(11) Benefits under the [sic] title I of the Workforce
      Investment Act of 1998 [29 U.S.C. 2801 et seq.]."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Section enacted without a subsec. (g).

-End-

-CITE-
    8 USC Sec. 1184                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1184. Admission of nonimmigrants

-STATUTE-
    (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 section 1258 of
    this title, such alien will depart from the United States. No alien
    admitted to Guam without a visa pursuant to section 1182(l) of this
    title may be authorized to enter or stay in the United States other
    than in Guam or to remain in Guam for a period exceeding fifteen
    days from date of admission to Guam. No alien admitted to the
    United States without a visa pursuant to section 1187 of this title
    may be authorized to remain in the United States as a nonimmigrant
    visitor for a period exceeding 90 days from the date of admission.
      (2)(A) The period of authorized status as a nonimmigrant
    described in section 1101(a)(15)(O) of this title shall be for such
    period as the Attorney General may specify in order to provide for
    the event (or events) for which the nonimmigrant is admitted.
      (B) The period of authorized status as a nonimmigrant described
    in section 1101(a)(15)(P) of this title shall be for such period as
    the Attorney General may specify in order to provide for the
    competition, event, or performance for which the nonimmigrant is
    admitted. In the case of nonimmigrants admitted as individual
    athletes under section 1101(a)(15)(P) of this title, the period of
    authorized status may be for an initial period (not to exceed 5
    years) during which the nonimmigrant will perform as an athlete and
    such period may be extended by the Attorney General for an
    additional period of up to 5 years.
    (b) Presumption of status; written waiver
      Every alien (other than a nonimmigrant described in subparagraph
    (L) or (V) of section 1101(a)(15) of this title, and other than a
    nonimmigrant described in any provision of section
    1101(a)(15)(H)(i) of this title except subclause (b1) of such
    section) shall be presumed to be an immigrant until he establishes
    to the satisfaction of the consular officer, at the time of
    application for a visa, and the immigration officers, at the time
    of application for admission, that he is entitled to a nonimmigrant
    status under section 1101(a)(15) of this title. An alien who is an
    officer or employee of any foreign government or of any
    international organization entitled to enjoy privileges,
    exemptions, and immunities under the International Organizations
    Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the
    attendant, servant, employee, or member of the immediate family of
    any such alien shall not be entitled to apply for or receive an
    immigrant visa, or to enter the United States as an immigrant
    unless he executes a written waiver in the same form and substance
    as is prescribed by section 1257(b) of this title.
    (c) Petition of importing employer
      (1) The question of importing any alien as a nonimmigrant under
    subparagraph (H), (L), (O), or (P)(i) of section 1101(a)(15) of
    this title (excluding nonimmigrants under section
    1101(a)(15)(H)(i)(b1) of this title) in any specific case or
    specific cases shall be determined by the Attorney General, after
    consultation with appropriate agencies of the Government, upon
    petition of the importing employer. Such petition, shall be made
    and approved before the visa is granted. The petition shall be in
    such form and contain such information as the Attorney General
    shall prescribe. The approval of such a petition shall not, of
    itself, be construed as establishing that the alien is a
    nonimmigrant. For purposes of this subsection with respect to
    nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this
    title, the term "appropriate agencies of Government" means the
    Department of Labor and includes the Department of Agriculture. The
    provisions of section 1188 of this title shall apply to the
    question of importing any alien as a nonimmigrant under section
    1101(a)(15)(H)(ii)(a) of this title.
      (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 section 1101(a)(15)(L) of this title
    instead of filing individual petitions under paragraph (1) to
    import such aliens. Such procedure shall permit the expedited
    processing of visas for admission of aliens covered under such a
    petition.
      (B) For purposes of section 1101(a)(15)(L) of this title, an
    alien is considered to be serving in a capacity involving
    specialized knowledge with respect to a company if the alien has a
    special knowledge of the company product and its application in
    international markets or has an advanced level of knowledge of
    processes and procedures of the company.
      (C) The Attorney General shall provide a process for reviewing
    and acting upon petitions under this subsection with respect to
    nonimmigrants described in section 1101(a)(15)(L) of this title
    within 30 days after the date a completed petition has been filed.
      (D) The period of authorized admission for - 
        (i) a nonimmigrant admitted to render services in a managerial
      or executive capacity under section 1101(a)(15)(L) of this title
      shall not exceed 7 years, or
        (ii) a nonimmigrant admitted to render services in a capacity
      that involves specialized knowledge under section 1101(a)(15)(L)
      of this title shall not exceed 5 years.

      (E) In the case of an alien spouse admitted under section
    1101(a)(15)(L) of this title, who is accompanying or following to
    join a principal alien admitted under such section, the Attorney
    General shall authorize the alien spouse to engage in employment in
    the United States and provide the spouse with an "employment
    authorized" endorsement or other appropriate work permit.
      (F) An alien who will serve in a capacity involving specialized
    knowledge with respect to an employer for purposes of section
    1101(a)(15)(L) of this title and will be stationed primarily at the
    worksite of an employer other than the petitioning employer or its
    affiliate, subsidiary, or parent shall not be eligible for
    classification under section 1101(a)(15)(L) of this title if - 
        (i) the alien will be controlled and supervised principally by
      such unaffiliated employer; or
        (ii) the placement of the alien at the worksite of the
      unaffiliated employer is essentially an arrangement to provide
      labor for hire for the unaffiliated employer, rather than a
      placement in connection with the provision of a product or
      service for which specialized knowledge specific to the
      petitioning employer is necessary.

      (3) The Attorney General shall approve a petition - 
        (A) with respect to a nonimmigrant described in section
      1101(a)(15)(O)(i) of this title only after consultation in
      accordance with paragraph (6) or, with respect to aliens seeking
      entry for a motion picture or television production, after
      consultation with the appropriate union representing the alien's
      occupational peers and a management organization in the area of
      the alien's ability, or
        (B) with respect to a nonimmigrant described in section
      1101(a)(15)(O)(ii) of this title after consultation in accordance
      with paragraph (6) or, in the case of such an alien seeking entry
      for a motion picture or television production, after consultation
      with such a labor organization and a management organization in
      the area of the alien's ability.

    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 section 1101(a)(15)(O)(i) of this title because
    of extraordinary ability in the arts and who seek readmission to
    perform similar services within 2 years after the date of a
    consultation under such subparagraph. Not later than 5 days after
    the date such a waiver is provided, the Attorney General shall
    forward a copy of the petition and all supporting documentation to
    the national office of an appropriate labor organization.
      (4)(A) For purposes of section 1101(a)(15)(P)(i)(a) of this
    title, an alien is described in this subparagraph if the alien - 
        (i)(I) performs as an athlete, individually or as part of a
      group or team, at an internationally recognized level of
      performance;
        (II) is a professional athlete, as defined in section
      1154(i)(2) of this title;
        (III) performs as an athlete, or as a coach, as part of a team
      or franchise that is located in the United States and a member of
      a foreign league or association of 15 or more amateur sports
      teams, if - 
          (aa) the foreign league or association is the highest level
        of amateur performance of that sport in the relevant foreign
        country;
          (bb) participation in such league or association renders
        players ineligible, whether on a temporary or permanent basis,
        to earn a scholarship in, or participate in, that sport at a
        college or university in the United States under the rules of
        the National Collegiate Athletic Association; and
          (cc) a significant number of the individuals who play in such
        league or association are drafted by a major sports league or a
        minor league affiliate of such a sports league; or

        (IV) is a professional athlete or amateur athlete who performs
      individually or as part of a group in a theatrical ice skating
      production; and
        (ii) seeks to enter the United States temporarily and solely
      for the purpose of performing - 
          (I) as such an athlete with respect to a specific athletic
        competition; or
          (II) in the case of an individual described in clause
        (i)(IV), in a specific theatrical ice skating production or
        tour.

      (B)(i) For purposes of section 1101(a)(15)(P)(i)(b) of this
    title, an alien is described in this subparagraph if the alien - 
        (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 section 1101(a)(15)(P) of this
    title.
      (D) The Attorney General shall approve petitions under this
    subsection with respect to nonimmigrants described in clause (i) or
    (iii) of section 1101(a)(15)(P) of this title only after
    consultation in accordance with paragraph (6).
      (E) The Attorney General shall approve petitions under this
    subsection for nonimmigrants described in section
    1101(a)(15)(P)(ii) of this title only after consultation with labor
    organizations representing artists and entertainers in the United
    States.
      (F)(i) No nonimmigrant visa under section 1101(a)(15)(P)(i)(a) of
    this title shall be issued to any alien who is a national of a
    country that is a state sponsor of international terrorism unless
    the Secretary of State determines, in consultation with the
    Secretary of Homeland Security and the heads of other appropriate
    United States agencies, that such alien does not pose a threat to
    the safety, national security, or national interest of the United
    States. In making a determination under this subparagraph, the
    Secretary of State shall apply standards developed by the Secretary
    of State, in consultation with the Secretary of Homeland Security
    and the heads of other appropriate United States agencies, that are
    applicable to the nationals of such states.
      (ii) In this subparagraph, the term "state sponsor of
    international terrorism" means any country the government of which
    has been determined by the Secretary of State under any of the laws
    specified in clause (iii) to have repeatedly provided support for
    acts of international terrorism.
      (iii) The laws specified in this clause are the following:
        (I) Section 2405(j)(1)(A) of title 50, Appendix (or successor
      statute).
        (II) Section 2780(d) of title 22.
        (III) Section 2371(a) of title 22.

      (G) The Secretary of Homeland Security shall permit a petition
    under this subsection to seek classification of more than 1 alien
    as a nonimmigrant under section 1101(a)(15)(P)(i)(a) of this title.
      (H) The Secretary of Homeland Security shall permit an athlete,
    or the employer of an athlete, to seek admission to the United
    States for such athlete under a provision of this Act other than
    section 1101(a)(15)(P)(i) of this title if the athlete is eligible
    under such other provision.
      (5)(A) In the case of an alien who is provided nonimmigrant
    status under section 1101(a)(15)(H)(i)(b) or 1101(a)(15)(H)(ii)(b)
    of this title and who is dismissed from employment by the employer
    before the end of the period of authorized admission, the employer
    shall be liable for the reasonable costs of return transportation
    of the alien abroad.
      (B) In the case of an alien who is admitted to the United States
    in nonimmigrant status under section 1101(a)(15)(O) or
    1101(a)(15)(P) of this title and whose employment terminates for
    reasons other than voluntary resignation, the employer whose offer
    of employment formed the basis of such nonimmigrant status and the
    petitioner are jointly and severally liable for the reasonable cost
    of return transportation of the alien abroad. The petitioner shall
    provide assurance satisfactory to the Attorney General that the
    reasonable cost of that transportation will be provided.
      (6)(A)(i) To meet the consultation requirement of paragraph
    (3)(A) in the case of a petition for a nonimmigrant described in
    section 1101(a)(15)(O)(i) of this title (other than with respect to
    aliens seeking entry for a motion picture or television
    production), the petitioner shall submit with the petition an
    advisory opinion from a peer group (or other person or persons of
    its choosing, which may include a labor organization) with
    expertise in the specific field involved.
      (ii) To meet the consultation requirement of paragraph (3)(B) in
    the case of a petition for a nonimmigrant described in section
    1101(a)(15)(O)(ii) of this title (other than with respect to aliens
    seeking entry for a motion picture or television production), the
    petitioner shall submit with the petition an advisory opinion from
    a labor organization with expertise in the skill area involved.
      (iii) To meet the consultation requirement of paragraph (4)(D) in
    the case of a petition for a nonimmigrant described in section
    1101(a)(15)(P)(i) or 1101(a)(15)(P)(iii) of this title, the
    petitioner shall submit with the petition an advisory opinion from
    a labor organization with expertise in the specific field of
    athletics or entertainment involved.
      (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 section 1101(a)(15)(O) or
    1101(a)(15)(P) of this title to accommodate the exigencies and
    scheduling of a given production or event.
      (ii) The Attorney General shall establish by regulation expedited
    consultation procedures in the case of nonimmigrant athletes
    described in section 1101(a)(15)(O)(i) or 1101(a)(15)(P)(i) of this
    title in the case of emergency circumstances (including trades
    during a season).
      (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 section
    1101(a)(15) of this title the following:
        (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.

      (9)(A) The Attorney General shall impose a fee on an employer
    (excluding any employer that is a primary or secondary education
    institution, an institution of higher education, as defined in
    section 1001(a) of title 20, a nonprofit entity related to or
    affiliated with any such institution, a nonprofit entity which
    engages in established curriculum-related clinical training of
    students registered at any such institution, a nonprofit research
    organization, or a governmental research organization) filing
    before (!1) a petition under paragraph (1) - 

        (i) initially to grant an alien nonimmigrant status described
      in section 1101(a)(15)(H)(i)(b) of this title;
        (ii) to extend the stay of an alien having such status (unless
      the employer previously has obtained an extension for such
      alien); or
        (iii) to obtain authorization for an alien having such status
      to change employers.

      (B) The amount of the fee shall be $1,500 for each such petition
    except that the fee shall be half the amount for each such petition
    by any employer with not more than 25 full-time equivalent
    employees who are employed in the United States (determined by
    including any affiliate or subsidiary of such employer).
      (C) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(s) of this title.
      (10) An amended H-1B petition shall not be required where the
    petitioning employer is involved in a corporate restructuring,
    including but not limited to a merger, acquisition, or
    consolidation, where a new corporate entity succeeds to the
    interests and obligations of the original petitioning employer and
    where the terms and conditions of employment remain the same but
    for the identity of the petitioner.
      (11)(A) Subject to subparagraph (B), the Secretary of Homeland
    Security or the Secretary of State, as appropriate, shall impose a
    fee on an employer who has filed an attestation described in
    section 1182(t) of this title - 
        (i) in order that an alien may be initially granted
      nonimmigrant status described in section 1101(a)(15)(H)(i)(b1) of
      this title; or
        (ii) in order to satisfy the requirement of the second sentence
      of subsection (g)(8)(C) of this section for an alien having such
      status to obtain certain extensions of stay.

      (B) The amount of the fee shall be the same as the amount imposed
    by the Secretary of Homeland Security under paragraph (9), except
    that if such paragraph does not authorize such Secretary to impose
    any fee, no fee shall be imposed under this paragraph.
      (C) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(s) of this title.
      (12)(A) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fraud prevention and
    detection fee on an employer filing a petition under paragraph (1) -
     
        (i) initially to grant an alien nonimmigrant status described
      in subparagraph (H)(i)(b) or (L) of section 1101(a)(15) of this
      title; or
        (ii) to obtain authorization for an alien having such status to
      change employers.

      (B) In addition to any other fees authorized by law, the
    Secretary of State shall impose a fraud prevention and detection
    fee on an alien filing an application abroad for a visa authorizing
    admission to the United States as a nonimmigrant described in
    section 1101(a)(15)(L) of this title, if the alien is covered under
    a blanket petition described in paragraph (2)(A).
      (C) The amount of the fee imposed under subparagraph (A) or (B)
    shall be $500.
      (D) The fee imposed under subparagraph (A) or (B) shall only
    apply to principal aliens and not to the spouses or children who
    are accompanying or following to join such principal aliens.
      (E) Fees collected under this paragraph shall be deposited in the
    Treasury in accordance with section 1356(v) of this title.
      (13)(A) In addition to any other fees authorized by law, the
    Secretary of Homeland Security shall impose a fraud prevention and
    detection fee on an employer filing a petition under paragraph (1)
    for nonimmigrant workers described in section 1101(a)(15)(H)(ii)(b)
    of this title.
      (B) The amount of the fee imposed under subparagraph (A) shall be
    $150.
      (14)(A) If the Secretary of Homeland Security finds, after notice
    and an opportunity for a hearing, a substantial failure to meet any
    of the conditions of the petition to admit or otherwise provide
    status to a nonimmigrant worker under section 1101(a)(15)(H)(ii)(b)
    of this title or a willful misrepresentation of a material fact in
    such petition - 
        (i) the Secretary of Homeland Security may, in addition to any
      other remedy authorized by law, impose such administrative
      remedies (including civil monetary penalties in an amount not to
      exceed $10,000 per violation) as the Secretary of Homeland
      Security determines to be appropriate; and
        (ii) the Secretary of Homeland Security may deny petitions
      filed with respect to that employer under section 1154 of this
      title or paragraph (1) of this subsection during a period of at
      least 1 year but not more than 5 years for aliens to be employed
      by the employer.

      (B) The Secretary of Homeland Security may delegate to the
    Secretary of Labor, with the agreement of the Secretary of Labor,
    any of the authority given to the Secretary of Homeland Security
    under subparagraph (A)(i).
      (C) In determining the level of penalties to be assessed under
    subparagraph (A), the highest penalties shall be reserved for
    willful failures to meet any of the conditions of the petition that
    involve harm to United States workers.
      (D) In this paragraph, the term "substantial failure" means the
    willful failure to comply with the requirements of this section
    that constitutes a significant deviation from the terms and
    conditions of a petition.
    (d) Issuance of visa to fiance&233;e or fiance&233; of citizen
      (1) A visa shall not be issued under the provisions of section
    1101(a)(15)(K)(i) of this title until the consular officer has
    received a petition filed in the United States by the fiance&233;e
    and fiance&233; of the applying alien and approved by the Secretary
    of Homeland Security. The petition shall be in such form and
    contain such information as the Secretary of Homeland Security
    shall, by regulation, prescribe. Such information shall include
    information on any criminal convictions of the petitioner for any
    specified crime. It shall be approved only after satisfactory
    evidence is submitted by the petitioner to establish that the
    parties have previously met in person within 2 years before the
    date of filing the petition, have a bona fide intention to marry,
    and are legally able and actually willing to conclude a valid
    marriage in the United States within a period of ninety days after
    the alien's arrival, except that the Secretary of Homeland Security
    in his discretion may waive the requirement that the parties have
    previously met in person. In the event the marriage with the
    petitioner does not occur within three months after the admission
    of the said alien and minor children, they shall be required to
    depart from the United States and upon failure to do so shall be
    removed in accordance with sections 1229a and 1231 of this title.
      (2)(A) Subject to subparagraphs (B) and (C), a consular officer
    may not approve a petition under paragraph (1) unless the officer
    has verified that - 
        (i) the petitioner has not, previous to the pending petition,
      petitioned under paragraph (1) with respect to two or more
      applying aliens; and
        (ii) if the petitioner has had such a petition previously
      approved, 2 years have elapsed since the filing of such
      previously approved petition.

      (B) The Secretary of Homeland Security may, in the Secretary's
    discretion, waive the limitations in subparagraph (A) if
    justification exists for such a waiver. Except in extraordinary
    circumstances and subject to subparagraph (C), such a waiver shall
    not be granted if the petitioner has a record of violent criminal
    offenses against a person or persons.
      (C)(i) The Secretary of Homeland Security is not limited by the
    criminal court record and shall grant a waiver of the condition
    described in the second sentence of subparagraph (B) in the case of
    a petitioner described in clause (ii).
      (ii) A petitioner described in this clause is a petitioner who
    has been battered or subjected to extreme cruelty and who is or was
    not the primary perpetrator of violence in the relationship upon a
    determination that - 
        (I) the petitioner was acting in self-defense;
        (II) the petitioner was found to have violated a protection
      order intended to protect the petitioner; or
        (III) the petitioner committed, was arrested for, was convicted
      of, or pled guilty to committing a crime that did not result in
      serious bodily injury and where there was a connection between
      the crime and the petitioner's having been battered or subjected
      to extreme cruelty.

      (iii) In acting on applications under this subparagraph, the
    Secretary of Homeland Security 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 Secretary.
      (3) In this subsection:
        (A) The terms "domestic violence", "sexual assault", "child
      abuse and neglect", "dating violence", "elder abuse", and
      "stalking" have the meaning given such terms in section 3 of the
      Violence Against Women and Department of Justice Reauthorization
      Act of 2005.(!2)

        (B) The term "specified crime" means the following:
          (i) Domestic violence, sexual assault, child abuse and
        neglect, dating violence, elder abuse, and stalking.
          (ii) Homicide, murder, manslaughter, rape, abusive sexual
        contact, sexual exploitation, incest, torture, trafficking,
        peonage, holding hostage, involuntary servitude, slave trade,
        kidnapping, abduction, unlawful criminal restraint, false
        imprisonment, or an attempt to commit any of the crimes
        described in this clause.
          (iii) At least three convictions for crimes relating to a
        controlled substance or alcohol not arising from a single act.
    (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 section 1101(a)(15) of this title. The admission
    of an alien who is a citizen of Mexico shall be subject to
    paragraphs (3), (4), and (5). For purposes of this paragraph and
    paragraphs (3), (4), and (5), the term "citizen of Mexico" means
    "citizen" as defined in Annex 1608 of NAFTA.
      (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
      section 2155 of title 19;
        (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 section 1182(m) of this title, in the case of a
    registered nurse, or the application requirement of section 1182(n)
    of this title, in the case of all other professions set out in
    Appendix 1603.D.1 of Annex 1603 of NAFTA, and the petition
    requirement of subsection (c) of this section, to the extent and in
    the manner prescribed in regulations promulgated by the Secretary
    of Labor, with respect to sections 1182(m) and 1182(n) of this
    title, and the Attorney General, with respect to subsection (c) of
    this section.
      (6) In the case of an alien spouse admitted under section
    1101(a)(15)(E) of this title, who is accompanying or following to
    join a principal alien admitted under such section, the Attorney
    General shall authorize the alien spouse to engage in employment in
    the United States and provide the spouse with an "employment
    authorized" endorsement or other appropriate work permit.
    (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 section 1101(a)(15)(D)
    of this title if the alien intends to land for the purpose of
    performing service on board a vessel of the United States (as
    defined in section 116 of title 46) or on an aircraft of an air
    carrier (as defined in section 40102(a)(2) of title 49) during a
    labor dispute where there is a strike or lockout in the bargaining
    unit of the employer in which the alien intends to perform such
    service.
      (2) An alien described in paragraph (1) - 
        (A) may not be paroled into the United States pursuant to
      section 1182(d)(5) of this title unless the Attorney General
      determines that the parole of such alien is necessary to protect
      the national security of the United States; and
        (B) shall be considered not to be a bona fide crewman for
      purposes of section 1282(b) of this title.

      (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 section 1101(a)(15)(H)(i)(b) of this title, may not
      exceed - 
          (i) 65,000 in each fiscal year before fiscal year 1999;
          (ii) 115,000 in fiscal year 1999;
          (iii) 115,000 in fiscal year 2000;
          (iv) 195,000 in fiscal year 2001;
          (v) 195,000 in fiscal year 2002;
          (vi) 195,000 in fiscal year 2003; and
          (vii) 65,000 in each succeeding fiscal year; or

        (B) under section 1101(a)(15)(H)(ii)(b) of this title may not
      exceed 66,000.

      (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. If an alien who was issued a visa or
    otherwise provided nonimmigrant status and counted against the
    numerical limitations of paragraph (1) is found to have been issued
    such visa or otherwise provided such status by fraud or willfully
    misrepresenting a material fact and such visa or nonimmigrant
    status is revoked, then one number shall be restored to the total
    number of aliens who may be issued visas or otherwise provided such
    status under the numerical limitations of paragraph (1) in the
    fiscal year in which the petition is revoked, regardless of the
    fiscal year in which the petition was approved.
      (4) In the case of a nonimmigrant described in section
    1101(a)(15)(H)(i)(b) of this title, the period of authorized
    admission as such a nonimmigrant may not exceed 6 years.
      (5) The numerical limitations contained in paragraph (1)(A) shall
    not apply to any nonimmigrant alien issued a visa or otherwise
    provided status under section 1101(a)(15)(H)(i)(b) of this title
    who - 
        (A) is employed (or has received an offer of employment) at an
      institution of higher education (as defined in section 1001(a) of
      title 20), or a related or affiliated nonprofit entity;
        (B) is employed (or has received an offer of employment) at a
      nonprofit research organization or a governmental research
      organization; or
        (C) has earned a master's or higher degree from a United States
      institution of higher education (as defined in section 1001(a) of
      title 20), until the number of aliens who are exempted from such
      numerical limitation during such year exceeds 20,000.

      (6) Any alien who ceases to be employed by an employer described
    in paragraph (5)(A) shall, if employed as a nonimmigrant alien
    described in section 1101(a)(15)(H)(i)(b) of this title, who has
    not previously been counted toward the numerical limitations
    contained in paragraph (1)(A), be counted toward those limitations
    the first time the alien is employed by an employer other than one
    described in paragraph (5).
      (7) Any alien who has already been counted, within the 6 years
    prior to the approval of a petition described in subsection (c) of
    this section, toward the numerical limitations of paragraph (1)(A)
    shall not again be counted toward those limitations unless the
    alien would be eligible for a full 6 years of authorized admission
    at the time the petition is filed. Where multiple petitions are
    approved for 1 alien, that alien shall be counted only once.
      (8)(A) The agreements referred to in section
    1101(a)(15)(H)(i)(b1) of this title are - 
        (i) the United States-Chile Free Trade Agreement; and
        (ii) the United States-Singapore Free Trade Agreement.

      (B)(i) The Secretary of Homeland Security shall establish annual
    numerical limitations on approvals of initial applications by
    aliens for admission under section 1101(a)(15)(H)(i)(b1) of this
    title.
      (ii) The annual numerical limitations described in clause (i)
    shall not exceed - 
        (I) 1,400 for nationals of Chile (as defined in article 14.9 of
      the United States-Chile Free Trade Agreement) for any fiscal
      year; and
        (II) 5,400 for nationals of Singapore (as defined in Annex 1A
      of the United States-Singapore Free Trade Agreement) for any
      fiscal year.

      (iii) The annual numerical limitations described in clause (i)
    shall only apply to principal aliens and not to the spouses or
    children of such aliens.
      (iv) The annual numerical limitation described in paragraph
    (1)(A) is reduced by the amount of the annual numerical limitations
    established under clause (i). However, if a numerical limitation
    established under clause (i) has not been exhausted at the end of a
    given fiscal year, the Secretary of Homeland Security shall adjust
    upwards the numerical limitation in paragraph (1)(A) for that
    fiscal year by the amount remaining in the numerical limitation
    under clause (i). Visas under section 1101(a)(15)(H)(i)(b) of this
    title may be issued pursuant to such adjustment within the first 45
    days of the next fiscal year to aliens who had applied for such
    visas during the fiscal year for which the adjustment was made.
      (C) The period of authorized admission as a nonimmigrant under
    section 1101(a)(15)(H)(i)(b1) of this title shall be 1 year, and
    may be extended, but only in 1-year increments. After every second
    extension, the next following extension shall not be granted unless
    the Secretary of Labor had determined and certified to the
    Secretary of Homeland Security and the Secretary of State that the
    intending employer has filed with the Secretary of Labor an
    attestation under section 1182(t)(1) of this title for the purpose
    of permitting the nonimmigrant to obtain such extension.
      (D) The numerical limitation described in paragraph (1)(A) for a
    fiscal year shall be reduced by one for each alien granted an
    extension under subparagraph (C) during such year who has obtained
    5 or more consecutive prior extensions.
      (9)(A) Subject to subparagraphs (B) and (C), an alien who has
    already been counted toward the numerical limitation of paragraph
    (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be
    counted toward such limitation during fiscal year 2007. Such an
    alien shall be considered a returning worker.
      (B) A petition to admit or otherwise provide status under section
    1101(a)(15)(H)(ii)(b) of this title shall include, with respect to
    a returning worker - 
        (i) all information and evidence that the Secretary of Homeland
      Security determines is required to support a petition for status
      under section 1101(a)(15)(H)(ii)(b) of this title;
        (ii) the full name of the alien; and
        (iii) a certification to the Department of Homeland Security
      that the alien is a returning worker.

      (C) An H-2B visa or grant of nonimmigrant status for a returning
    worker shall be approved only if the alien is confirmed to be a
    returning worker by - 
        (i) the Department of State; or
        (ii) if the alien is visa exempt or seeking to change to status
      under section 1101 (a)(15)(H)(ii)(b) of this title, the
      Department of Homeland Security.

      (10) The numerical limitations of paragraph (1)(B) shall be
    allocated for a fiscal year so that the total number of aliens
    subject to such numerical limits who enter the United States
    pursuant to a visa or are accorded nonimmigrant status under
    section 1101(a)(15)(H)(ii)(b) of this title during the first 6
    months of such fiscal year is not more than 33,000.
      (11)(A) The Secretary of State may not approve a number of
    initial applications submitted for aliens described in section
    1101(a)(15)(E)(iii) of this title that is more than the applicable
    numerical limitation set out in this paragraph.
      (B) The applicable numerical limitation referred to in
    subparagraph (A) is 10,500 for each fiscal year.
      (C) The applicable numerical limitation referred to in
    subparagraph (A) shall only apply to principal aliens and not to
    the spouses or children of such aliens.
    (h) Intention to abandon foreign residence
      The fact that an alien is the beneficiary of an application for a
    preference status filed under section 1154 of this title or has
    otherwise sought permanent residence in the United States shall not
    constitute evidence of an intention to abandon a foreign residence
    for purposes of obtaining a visa as a nonimmigrant described in
    subparagraph (H)(i)(b) or (c), (L), or (V) of section 1101(a)(15)
    of this title or otherwise obtaining or maintaining the status of a
    nonimmigrant described in such subparagraph, if the alien had
    obtained a change of status under section 1258 of this title to a
    classification as such a nonimmigrant before the alien's most
    recent departure from the United States.
    (i) "Specialty occupation" defined
      (1) Except as provided in paragraph (3), for purposes of section
    1101(a)(15)(H)(i)(b) of this title, section 1101(a)(15)(E)(iii) of
    this title, and paragraph (2), the term "specialty occupation"
    means an occupation that requires - 
        (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 section 1101(a)(15)(H)(i)(b) of this title,
    the requirements of this paragraph, with respect to a specialty
    occupation, are - 
        (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.

      (3) For purposes of section 1101(a)(15)(H)(i)(b1) of this title,
    the term "specialty occupation" means an occupation that requires -
    
        (A) theoretical and practical application of a body of
      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.
    (j) Labor disputes
      (1) 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 paragraph shall be given as may be required by paragraph
    3 of article 1603 of such Agreement. For purposes of this
    paragraph, the term "citizen of Mexico" means "citizen" as defined
    in Annex 1608 of such Agreement.
      (2) Notwithstanding any other provision of this chapter except
    section 1182(t)(1) of this title, and subject to regulations
    promulgated by the Secretary of Homeland Security, an alien who
    seeks to enter the United States under and pursuant to the
    provisions of an agreement listed in subsection (g)(8)(A) of this
    section, and the spouse and children of such an alien if
    accompanying or following to join the alien, may be denied
    admission as a nonimmigrant under subparagraph (E), (L), or
    (H)(i)(b1) of section 1101(a)(15) of this title if there is in
    progress 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 Secretary
    of Homeland Security after consultation with the Secretary of
    Labor, that the alien's entry will not affect adversely the
    settlement of the labor dispute or the employment of any person who
    is involved in the labor dispute. Notice of a determination under
    this paragraph shall be given as may be required by such agreement.
    (k) 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 section 1101(a)(15)(S)(i) of this title in any
    fiscal year may not exceed 200. The number of aliens who may be
    provided a visa as nonimmigrants under section 1101(a)(15)(S)(ii)
    of this title in any fiscal year may not exceed 50.
      (2) 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.
      (3) 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 removal, any action for removal 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.

      (4) 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 (3)) or who have been
      convicted of crimes in the United States after the date of their
      admission as such a nonimmigrant.
    (l) Restrictions on waiver
      (1) In the case of a request by an interested State agency, or by
    an interested Federal agency, for a waiver of the 2-year foreign
    residence requirement under section 1182(e) of this title on behalf
    of an alien described in clause (iii) of such section, the Attorney
    General shall not grant such waiver unless - 
        (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) in the case of a request by an interested State agency, the
      grant of such waiver would not cause the number of waivers
      allotted for that State for that fiscal year to exceed 30;
        (C) in the case of a request by an interested Federal agency or
      by an interested State agency - 
          (i) the alien demonstrates a bona fide offer of full-time
        employment at a health facility or health care organization,
        which employment has been determined by the Attorney General to
        be in the public interest; and
          (ii) the alien agrees to begin employment with the health
        facility or health care organization within 90 days of
        receiving such waiver, and agrees to continue to work for a
        total of not less than 3 years (unless the Attorney General
        determines that extenuating circumstances exist, such as
        closure of the facility or hardship to the alien, which would
        justify a lesser period of employment at such health facility
        or health care organization, in which case the alien must
        demonstrate another bona fide offer of employment at a health
        facility or health care organization for the remainder of such
        3-year period); and

        (D) in the case of a request by an interested Federal agency
      (other than a request by an interested Federal agency to employ
      the alien full-time in medical research or training) or by an
      interested State agency, the alien agrees to practice primary
      care or specialty 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,
      except that - 
          (i) in the case of a request by the Department of Veterans
        Affairs, the alien shall not be required to practice medicine
        in a geographic area designated by the Secretary;
          (ii) in the case of a request by an interested State agency,
        the head of such State agency determines that the alien is to
        practice medicine under such agreement in a facility that
        serves patients who reside in one or more geographic areas so
        designated by the Secretary of Health and Human Services
        (without regard to whether such facility is located within such
        a designated geographic area), and the grant of such waiver
        would not cause the number of the waivers granted on behalf of
        aliens for such State for a fiscal year (within the limitation
        in subparagraph (B)) in accordance with the conditions of this
        clause to exceed 5; and
          (iii) in the case of a request by an interested Federal
        agency or by an interested State agency for a waiver for an
        alien who agrees to practice specialty medicine in a facility
        located in a geographic area so designated by the Secretary of
        Health and Human Services, the request shall demonstrate, based
        on criteria established by such agency, that there is a
        shortage of health care professionals able to provide services
        in the appropriate medical specialty to the patients who will
        be served by the alien.

      (2)(A) Notwithstanding section 1258(a)(2) of this title, the
    Attorney General may change the status of an alien who qualifies
    under this subsection and section 1182(e) of this title to that of
    an alien described in section 1101(a)(15)(H)(i)(b) of this title.
    The numerical limitations contained in subsection (g)(1)(A) of this
    section shall not apply to any alien whose status is changed under
    the preceding sentence, if the alien obtained a waiver of the 2-
    year foreign residence requirement upon a request by an interested
    Federal agency or an interested State agency.
      (B) No person who has obtained a change of status under
    subparagraph (A) and who has failed to fulfill the terms of the
    contract with the health facility or health care organization named
    in the waiver application 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 2
    years following departure from the United States.
      (3) Notwithstanding any other provision of this subsection, the 2-
    year foreign residence requirement under section 1182(e) of this
    title shall apply with respect to an alien described in clause
    (iii) of such section, who has not otherwise been accorded status
    under section 1101(a)(27)(H) of this title, if - 
        (A) at any time the alien ceases to comply with any agreement
      entered into under subparagraph (C) or (D) of paragraph (1); or
        (B) the alien's employment ceases to benefit the public
      interest at any time during the 3-year period described in
      paragraph (1)(C).
    (m) Nonimmigrant elementary and secondary school students
      (1) An alien may not be accorded status as a nonimmigrant under
    clause (i) or (iii) of section 1101(a)(15)(F) of this title in
    order to pursue a course of study - 
        (A) at a public elementary school or in a publicly funded adult
      education program; or
        (B) at a public secondary school unless - 
          (i) the aggregate period of such status at such a school does
        not exceed 12 months with respect to any alien, and (ii) the
        alien demonstrates that the alien has reimbursed the local
        educational agency that administers the school for the full,
        unsubsidized per capita cost of providing education at such
        school for the period of the alien's attendance.

        (2) An alien who obtains the status of a nonimmigrant under
      clause (i) or (iii) of section 1101(a)(15)(F) of this title in
      order to pursue a course of study at a private elementary or
      secondary school or in a language training program that is not
      publicly funded shall be considered to have violated such status,
      and the alien's visa under section 1101(a)(15)(F) of this title
      shall be void, if the alien terminates or abandons such course of
      study at such a school and undertakes a course of study at a
      public elementary school, in a publicly funded adult education
      program, in a publicly funded adult education language training
      program, or at a public secondary school (unless the requirements
      of paragraph (1)(B) are met).
    (n) Increased portability of H-1B status
      (1) A nonimmigrant alien described in paragraph (2) who was
    previously issued a visa or otherwise provided nonimmigrant status
    under section 1101(a)(15)(H)(i)(b) of this title is authorized to
    accept new employment upon the filing by the prospective employer
    of a new petition on behalf of such nonimmigrant as provided under
    subsection (a) of this section. Employment authorization shall
    continue for such alien until the new petition is adjudicated. If
    the new petition is denied, such authorization shall cease.
      (2) A nonimmigrant alien described in this paragraph is a
    nonimmigrant alien - 
        (A) who has been lawfully admitted into the United States;
        (B) on whose behalf an employer has filed a nonfrivolous
      petition for new employment before the date of expiration of the
      period of stay authorized by the Attorney General; and
        (C) who, subsequent to such lawful admission, has not been
      employed without authorization in the United States before the
      filing of such petition.
    (o) Nonimmigrants guilty of trafficking in persons
      (1) No alien shall be eligible for admission to the United States
    under section 1101(a)(15)(T) of this title if there is substantial
    reason to believe that the alien has committed an act of a severe
    form of trafficking in persons (as defined in section 7102 of title
    22).
      (2) The total number of aliens who may be issued visas or
    otherwise provided nonimmigrant status during any fiscal year under
    section 1101(a)(15)(T) of this title may not exceed 5,000.
      (3) The numerical limitation of paragraph (2) shall only apply to
    principal aliens and not to the spouses, sons, daughters, siblings,
    or parents of such aliens.
      (4) An unmarried alien who seeks to accompany, or follow to join,
    a parent granted status under section 1101(a)(15)(T)(i) of this
    title, and who was under 21 years of age on the date on which such
    parent applied for such status, shall continue to be classified as
    a child for purposes of section 1101(a)(15)(T)(ii) of this title,
    if the alien attains 21 years of age after such parent's
    application was filed but while it was pending.
      (5) An alien described in clause (i) of section 1101(a)(15)(T) of
    this title shall continue to be treated as an alien described in
    clause (ii)(I) of such section if the alien attains 21 years of age
    after the alien's application for status under such clause (i) is
    filed but while it is pending.
      (6) In making a determination under section
    1101(a)(15)(T)(i)(III)(aa) with respect to an alien, statements
    from State and local law enforcement officials that the alien has
    complied with any reasonable request for assistance in the
    investigation or prosecution of crimes such as kidnapping, rape,
    slavery, or other forced labor offenses, where severe forms of
    trafficking in persons (as defined in section 7102 of title 22)
    appear to have been involved, shall be considered.
      (7)(A) Except as provided in subparagraph (B), an alien who is
    issued a visa or otherwise provided nonimmigrant status under
    section 1101(a)(15)(T) of this title may be granted such status for
    a period of not more than 4 years.
      (B) An alien who is issued a visa or otherwise provided
    nonimmigrant status under section 1101(a)(15)(T) of this title may
    extend the period of such status beyond the period described in
    subparagraph (A) if a Federal, State, or local law enforcement
    official, prosecutor, judge, or other authority investigating or
    prosecuting activity relating to human trafficking or certifies
    that the presence of the alien in the United States is necessary to
    assist in the investigation or prosecution of such activity.
    (p) Requirements applicable to section 1101(a)(15)(U) visas
      (1) Petitioning procedures for section 1101(a)(15)(U) visas
        The petition filed by an alien under section 1101(a)(15)(U)(i)
      of this title shall contain a certification from a Federal,
      State, or local law enforcement official, prosecutor, judge, or
      other Federal, State, or local authority investigating criminal
      activity described in section 1101(a)(15)(U)(iii) of this title.
      This certification may also be provided by an official of the
      Service whose ability to provide such certification is not
      limited to information concerning immigration violations. This
      certification shall state that the alien "has been helpful, is
      being helpful, or is likely to be helpful" in the investigation
      or prosecution of criminal activity described in section
      1101(a)(15)(U)(iii) of this title.
      (2) Numerical limitations
        (A) The number of aliens who may be issued visas or otherwise
      provided status as nonimmigrants under section 1101(a)(15)(U) of
      this title in any fiscal year shall not exceed 10,000.
        (B) The numerical limitations in subparagraph (A) shall only
      apply to principal aliens described in section 1101(a)(15)(U)(i)
      of this title, and not to spouses, children, or, in the case of
      alien children, the alien parents of such children.
      (3) Duties of the Attorney General with respect to "U" visa
        nonimmigrants
        With respect to nonimmigrant aliens described in subsection
      (a)(15)(U) of section 1101 of this title - 
          (A) the Attorney General and other government officials,
        where appropriate, shall provide those aliens with referrals to
        nongovernmental organizations to advise the aliens regarding
        their options while in the United States and the resources
        available to them; and
          (B) the Attorney General shall, during the period those
        aliens are in lawful temporary resident status under that
        subsection, provide the aliens with employment authorization.
      (4) Credible evidence considered
        In acting on any petition filed under this subsection, the
      consular officer or the Attorney General, as appropriate, shall
      consider any credible evidence relevant to the petition.
      (5) Nonexclusive relief
        Nothing in this subsection limits the ability of aliens who
      qualify for status under section 1101(a)(15)(U) of this title to
      seek any other immigration benefit or status for which the alien
      may be eligible.
      (6) Duration of status
        The authorized period of status of an alien as a nonimmigrant
      under section 1101(a)(15)(U) of this title shall be for a period
      of not more than 4 years, but shall be extended upon
      certification from a Federal, State, or local law enforcement
      official, prosecutor, judge, or other Federal, State, or local
      authority investigating or prosecuting criminal activity
      described in section 1101(a)(15)(U)(iii) of this title that the
      alien's presence in the United States is required to assist in
      the investigation or prosecution of such criminal activity.
    (q) Employment of nonimmigrants described in section 1101(a)(15)(V)
      (1) In the case of a nonimmigrant described in section
    1101(a)(15)(V) of this title - 
        (A) the Attorney General shall authorize the alien to engage in
      employment in the United States during the period of authorized
      admission and shall provide the alien with an "employment
      authorized" endorsement or other appropriate document signifying
      authorization of employment; and
        (B) the period of authorized admission as such a nonimmigrant
      shall terminate 30 days after the date on which any of the
      following is denied:
          (i) The petition filed under section 1154 of this title to
        accord the alien a status under section 1153(a)(2)(A) of this
        title (or, in the case of a child granted nonimmigrant status
        based on eligibility to receive a visa under section 1153(d) of
        this title, the petition filed to accord the child's parent a
        status under section 1153(a)(2)(A) of this title).
          (ii) The alien's application for an immigrant visa pursuant
        to the approval of such petition.
          (iii) The alien's application for adjustment of status under
        section 1255 of this title pursuant to the approval of such
        petition.

      (2) In determining whether an alien is eligible to be admitted to
    the United States as a nonimmigrant under section 1101(a)(15)(V) of
    this title, the grounds for inadmissibility specified in section
    1182(a)(9)(B) of this title shall not apply.
      (3) The status of an alien physically present in the United
    States may be adjusted by the Attorney General, in the discretion
    of the Attorney General and under such regulations as the Attorney
    General may prescribe, to that of a nonimmigrant under section
    1101(a)(15)(V) of this title, if the alien - 
        (A) applies for such adjustment;
        (B) satisfies the requirements of such section; and
        (C) is eligible to be admitted to the United States, except in
      determining such admissibility, the grounds for inadmissibility
      specified in paragraphs (6)(A), (7), and (9)(B) of section
      1182(a) of this title shall not apply.
    (r) Visas of nonimmigrants described in section 1101(a)(15)(K)(ii)
      (1) A visa shall not be issued under the provisions of section
    1101(a)(15)(K)(ii) of this title until the consular officer has
    received a petition filed in the United States by the spouse of the
    applying alien and approved by the Attorney General. The petition
    shall be in such form and contain such information as the Attorney
    General shall, by regulation, prescribe. Such information shall
    include information on any criminal convictions of the petitioner
    for any specified crime.
      (2) In the case of an alien seeking admission under section
    1101(a)(15)(K)(ii) of this title who concluded a marriage with a
    citizen of the United States outside the United States, the alien
    shall be considered inadmissible under section 1182(a)(7)(B) of
    this title if the alien is not at the time of application for
    admission in possession of a valid nonimmigrant visa issued by a
    consular officer in the foreign state in which the marriage was
    concluded.
      (3) In the case of a nonimmigrant described in section
    1101(a)(15)(K)(ii) of this title, and any child of such a
    nonimmigrant who was admitted as accompanying, or following to
    join, such a nonimmigrant, the period of authorized admission shall
    terminate 30 days after the date on which any of the following is
    denied:
        (A) The petition filed under section 1154 of this title to
      accord the principal alien status under section 1151(b)(2)(A)(i)
      of this title.
        (B) The principal alien's application for an immigrant visa
      pursuant to the approval of such petition.
        (C) The principal alien's application for adjustment of status
      under section 1255 of this title pursuant to the approval of such
      petition.

      (4)(A) The Secretary of Homeland Security shall create a database
    for the purpose of tracking multiple visa petitions filed for
    fiance&233;(e)s and spouses under clauses (i) and (ii) of section
    1101(a)(15)(K) of this title. Upon approval of a second visa
    petition under section 1101(a)(15)(K) of this title for a
    fiance&233;(e) or spouse filed by the same United States citizen
    petitioner, the petitioner shall be notified by the Secretary that
    information concerning the petitioner has been entered into the
    multiple visa petition tracking database. All subsequent
    fiance&233;(e) or spouse nonimmigrant visa petitions filed by that
    petitioner under such section shall be entered in the database.
      (B)(i) Once a petitioner has had two fiance&233;(e) or spousal
    petitions approved under clause (i) or (ii) of section
    1101(a)(15)(K) of this title, if a subsequent petition is filed
    under such section less than 10 years after the date the first visa
    petition was filed under such section, the Secretary of Homeland
    Security shall notify both the petitioner and beneficiary of any
    such subsequent petition about the number of previously approved
    fiance&233;(e) or spousal petitions listed in the database.
      (ii) A copy of the information and resources pamphlet on domestic
    violence developed under section 1375a(a) of this title shall be
    mailed to the beneficiary along with the notification required in
    clause (i).
      (5) In this subsection:
        (A) The terms "domestic violence", "sexual assault", "child
      abuse and neglect", "dating violence", "elder abuse", and
      "stalking" have the meaning given such terms in section 3 of the
      Violence Against Women and Department of Justice Reauthorization
      Act of 2005.(!3)

        (B) The term "specified crime" means the following:
          (i) Domestic violence, sexual assault, child abuse and
        neglect, dating violence, elder abuse, and stalking.
          (ii) Homicide, murder, manslaughter, rape, abusive sexual
        contact, sexual exploitation, incest, torture, trafficking,
        peonage, holding hostage, involuntary servitude, slave trade,
        kidnapping, abduction, unlawful criminal restraint, false
        imprisonment, or an attempt to commit any of the crimes
        described in this clause.
          (iii) At least three convictions for crimes relating to a
        controlled substance or alcohol not arising from a single act.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 214, 66 Stat. 189;
    Pub. L. 91-225, Sec. 3, Apr. 7, 1970, 84 Stat. 117; Pub. L. 98-454,
    title VI, Sec. 602(b), Oct. 5, 1984, 98 Stat. 1737; Pub. L. 99-603,
    title III, Secs. 301(b), 313(b), Nov. 6, 1986, 100 Stat. 3411,
    3438; Pub. L. 99-639, Sec. 3(a), (c), Nov. 10, 1986, 100 Stat.
    3542; Pub. L. 100-449, title III, Sec. 307(b), Sept. 28, 1988, 102
    Stat. 1877; Pub. L. 100-525, Sec. 2(l)(1), Oct. 24, 1988, 102 Stat.
    2612; Pub. L. 101-649, title II, Secs. 202(a), 205(a), (b), (c)(2),
    206(b), 207(b), Nov. 29, 1990, 104 Stat. 5014, 5019, 5020, 5023,
    5025; Pub. L. 102-232, title II, Secs. 202(a), 203(b), 204, 205(d),
    (e), 206(a), (c)(2), 207(a), (c)(1), title III, Sec. 303(a)(10)-
    (12), Dec. 12, 1991, 105 Stat. 1737-1741, 1748; Pub. L. 103-182,
    title III, Sec. 341(b), (c), Dec. 8, 1993, 107 Stat. 2116, 2117;
    Pub. L. 103-322, title XIII, Sec. 130003(b)(2), Sept. 13, 1994, 108
    Stat. 2025; Pub. L. 103-416, title II, Sec. 220(b), Oct. 25, 1994,
    108 Stat. 4319; Pub. L. 104-208, div. C, title III, Sec.
    308(e)(1)(D), (2)(B), (f)(1)(G), (H), (3)(B), (g)(5)(A)(i), (7)(A),
    title VI, Secs. 621, 622(c), 625(a)(1), 671(a)(3)(A), (e)(4)(A),
    Sept. 30, 1996, 110 Stat. 3009-619 to 3009-621, 3009-623, 3009-695,
    3009-699, 3009-721, 3009-723; Pub. L. 105-65, title I, Sec. 108,
    Oct. 27, 1997, 111 Stat. 1350; Pub. L. 105-277, div. C, title IV,
    Secs. 411(a), 414(a), Oct. 21, 1998, 112 Stat. 2681-642, 2681-651;
    Pub. L. 106-104, Sec. 2, Nov. 13, 1999, 113 Stat. 1483; Pub. L. 106-
    311, Sec. 1, Oct. 17, 2000, 114 Stat. 1247; Pub. L. 106-313, title
    I, Secs. 102(a), 103, 105(a), 108, Oct. 17, 2000, 114 Stat. 1251-
    1253, 1255; Pub. L. 106-386, div. A, Sec. 107(e)(2), div. B, title
    V, Sec. 1513(c), Oct. 28, 2000, 114 Stat. 1478, 1535; Pub. L. 106-
    396, title IV, Sec. 401, Oct. 30, 2000, 114 Stat. 1647; Pub. L.
    106-553, Sec. 1(a)(2) [title XI, Secs. 1102(b), (d)(1), 1103(b),
    (c)(1)], Dec. 21, 2000, 114 Stat. 2762, 2762A-142, 2762A-144, 2762A-
    145; Pub. L. 107-45, Sec. 1, Oct. 1, 2001, 115 Stat. 258; Pub. L.
    107-124, Jan. 16, 2002, 115 Stat. 2402; Pub. L. 107-125, Secs. 1,
    2(a), Jan. 16, 2002, 115 Stat. 2403; Pub. L. 107-273, div. C, title
    I, Sec. 11018(a), Nov. 2, 2002, 116 Stat. 1825; Pub. L. 107-274,
    Sec. 2(c), Nov. 2, 2002, 116 Stat. 1923; Pub. L. 108-77, title IV,
    Secs. 402(a)(2), (d)(1), 403, 404, Sept. 3, 2003, 117 Stat. 940,
    946, 947; Pub. L. 108-78, title IV, Sec. 402, Sept. 3, 2003, 117
    Stat. 970; Pub. L. 108-193, Secs. 4(b)(2), 8(a)(3), Dec. 19, 2003,
    117 Stat. 2878, 2886; Pub. L. 108-441, Sec. 1(b)-(d), Dec. 3, 2004,
    118 Stat. 2630; Pub. L. 108-447, div. J, title IV, Secs. 412(a),
    413(a), 422(b), 425(a) 426(a), Dec. 8, 2004, 118 Stat. 3351-3353,
    3356, 3357; Pub. L. 109-13, div. B, title IV, Secs. 402(a), 403(a),
    404(a), 405, title V, Sec. 501(b), (c), May 11, 2005, 119 Stat. 318-
    322; Pub. L. 109-162, title VIII, Secs. 821(a), (b), (c)(2),
    832(a)(1),(2), Jan. 5, 2006, 119 Stat. 3062, 3066, 3067; Pub. L.
    109-364, div. A, title X, Sec. 1074(a), Oct. 17, 2006, 120 Stat.
    2403; Pub. L. 109-463, Sec. 2, Dec. 22, 2006, 120 Stat. 3477.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 107(c) of Pub. L. 108-78,
    see Effective and Termination Dates of 2003 Amendment note below.
      For termination of amendment by section 107(c) of Pub. L. 108-77,
    see Effective and Termination Dates of 2003 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The International Organizations Immunities Act, referred to in
    subsec. (b), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669,
    as amended, which is classified principally to subchapter XVIII
    (Sec. 288 et seq.) of chapter 7 of Title 22, Foreign Relations and
    Intercourse. For complete classification of this Act to the Code,
    see Short Title note set out under section 288 of Title 22 and
    Tables.
      Section 3 of the Violence Against Women and Department of Justice
    Reauthorization Act of 2005, referred to in subsecs. (d)(3)(A) and
    (r)(5)(A), is section 3 of Pub. L. 109-162, which enacted sections
    3796gg-2 and 13925 of Title 42, The Public Health and Welfare,
    amended sections 3796gg-3, 3796hh-4, 10420, 13975, and 14039 of
    Title 42, repealed former section 3796gg-2 of Title 42, and amended
    provisions set out as a note under section 3796gg-2 of Title 42.

-COD-
                               CODIFICATION                           
      In subsec. (f)(1), "section 116 of title 46" substituted for
    "section 2101(46) of title 46, United States Code" on authority of
    Pub. L. 109-304, Sec. 18(c), Oct. 6, 2006, 120 Stat. 1709, section
    4 of which enacted subtitle I of Title 46, Shipping.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(4)(A)(i), (ii). Pub. L. 109-463, Sec. 2(a),
    added cls. (i) and (ii) and struck out former cls. (i) and (ii)
    which read as follows:
      "(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."
      Subsec. (c)(4)(F) to (H). Pub. L. 109-463, Sec. 2(b)-(d), added
    subpars. (F) to (H).
      Subsec. (d). Pub. L. 109-162, Sec. 832(a)(1), designated existing
    provisions as par. (1), inserted after second sentence "Such
    information shall include information on any criminal convictions
    of the petitioner for any specified crime.", substituted "Secretary
    of Homeland Security" for "Attorney General" wherever appearing,
    and added pars. (2) and (3).
      Subsec. (g)(9)(A). Pub. L. 109-364, Sec. 1074(a)(1), substituted
    "Subject to subparagraphs (B) and (C), an alien who has already
    been counted toward the numerical limitation of paragraph (1)(B)
    during fiscal year 2004, 2005, or 2006 shall not again be counted
    toward such limitation during fiscal year 2007" for "Subject to
    subparagraphs (B) and (C), an alien who has already been counted
    toward the numerical limitations of paragraph (1)(B) during any 1
    of the 3 fiscal years prior to the fiscal year of the approved
    start date of a petition for a nonimmigrant worker described in
    section 1101(a)(15)(H)(ii)(b) of this title shall not be counted
    toward such limitation for the fiscal year in which the petition is
    approved".
      Subsec. (g)(9)(B). Pub. L. 109-364, Sec. 1074(a)(2), substituted
    "to admit or otherwise provide status under section
    1101(a)(15)(H)(ii)(b) of this title" for "referred to in
    subparagraph (A)" in introductory provisions.
      Subsec. (l)(2)(A). Pub. L. 109-162, Sec. 821(c)(2), substituted
    "1258(a)(2)" for "1258(2)".
      Subsec. (o)(7). Pub. L. 109-162, Sec. 821(a), added par. (7).
      Subsec. (p)(6). Pub. L. 109-162, Sec. 821(b), added par. (6).
      Subsec. (r)(1). Pub. L. 109-162, Sec. 832(a)(2)(A), inserted at
    end "Such information shall include information on any criminal
    convictions of the petitioner for any specified crime."
      Subsec. (r)(4), (5). Pub. L. 109-162, Sec. 832(a)(2)(B), added
    pars. (4) and (5).
      2005 - Subsec. (c)(13). Pub. L. 109-13, Sec. 403(a), added par.
    (13).
      Subsec. (c)(14). Pub. L. 109-13, Sec. 404(a), added par. (14).
      Subsec. (g)(9). Pub. L. 109-13, Sec. 402(a), added par. (9).
      Subsec. (g)(10). Pub. L. 109-13, Sec. 405, added par. (10).
      Subsec. (g)(11). Pub. L. 109-13, Sec. 501(b), added par. (11).
      Subsec. (i)(1). Pub. L. 109-13, Sec. 501(c), inserted ", section
    1101(a)(15)(E)(iii) of this title," after "section
    1101(a)(15)(H)(i)(b) of this title" in introductory provisions.
      2004 - Subsec. (c)(2)(A). Pub. L. 108-447, Sec. 413(a), struck
    out at end "In the case of an alien seeking admission under section
    1101(a)(15)(L) of this title, the 1-year period of continuous
    employment required under such section is deemed to be reduced to a
    6-month period if the importing employer has filed a blanket
    petition under this subparagraph and met the requirements for
    expedited processing of aliens covered under such petition."
      Subsec. (c)(2)(F). Pub. L. 108-447, Sec. 412(a), added subpar.
    (F).
      Subsec. (c)(9)(A). Pub. L. 108-447, Sec. 422(b)(1), struck out
    "October 1, 2003" before "a petition under paragraph (1)" in
    introductory provisions.
      Subsec. (c)(9)(B). Pub. L. 108-447, Sec. 422(b)(2), (3),
    substituted "$1,500" for "$1,000" and inserted before period at end
    "except that the fee shall be half the amount for each such
    petition by any employer with not more than 25 full-time equivalent
    employees who are employed in the United States (determined by
    including any affiliate or subsidiary of such employer)".
      Subsec. (c)(12). Pub. L. 108-447, Sec. 426(a), added par. (12).
      Subsec. (g)(5). Pub. L. 108-447, Sec. 425(a)(1), struck out "is
    employed (or has received an offer of employment) at" after
    "section 1101(a)(15)(H)(i)(b) of this title who" in introductory
    provisions.
      Subsec. (g)(5)(A). Pub. L. 108-447, Sec. 425(a)(2), inserted "is
    employed (or has received an offer of employment) at" before "an
    institution" and struck out "or" at end.
      Subsec. (g)(5)(B). Pub. L. 108-447, Sec. 425(a)(3), inserted "is
    employed (or has received an offer of employment) at" before "a
    nonprofit" and substituted "; or" for period at end.
      Subsec. (g)(5)(C). Pub. L. 108-447, Sec. 425(a)(4), added subpar.
    (C).
      Subsec. (l)(1)(D). Pub. L. 108-441, Sec. 1(c), (d), substituted
    "agrees to practice primary care or specialty medicine" for "agrees
    to practice medicine" and "except that - " for "except that, in the
    case of a request by the Department of Veterans Affairs, the alien
    shall not be required to practice medicine in a geographic area
    designated by the Secretary." and added cls. (i) to (iii).
      Subsec. (l)(2)(A). Pub. L. 108-441, Sec. 1(b), inserted at end
    "The numerical limitations contained in subsection (g)(1)(A) of
    this section shall not apply to any alien whose status is changed
    under the preceding sentence, if the alien obtained a waiver of the
    2-year foreign residence requirement upon a request by an
    interested Federal agency or an interested State agency."
      2003 - Subsec. (b). Pub. L. 108-77, Secs. 107(c), 404(1),
    temporarily substituted "(other than a nonimmigrant described in
    subparagraph (L) or (V) of section 1101(a)(15) of this title, and
    other than a nonimmigrant described in any provision of section
    1101(a)(15)(H)(i) of this title except subclause (b1) of such
    section)" for "(other than a nonimmigrant described in subparagraph
    (H)(i), (L), or (V) of section 1101(a)(15) of this title)". See
    Effective and Termination Dates of 2003 Amendments note below.
      Subsec. (c)(1). Pub. L. 108-77, Secs. 107(c), 404(2), temporarily
    substituted "subparagraph (H), (L), (O), or (P)(i) of section
    1101(a)(15) of this title (excluding nonimmigrants under section
    1101(a)(15)(H)(i)(b1) of this title)" for "section 1101(a)(15)(H),
    (L), (O), or (P)(i) of this title". See Effective and Termination
    Dates of 2003 Amendments note below.
      Subsec. (c)(11). Pub. L. 108-77, Secs. 107(c), 402(d)(1),
    temporarily added par. (11). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (g)(8). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(B),
    temporarily added par. (8). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (g)(8)(A). Pub. L. 108-78, Secs. 107(c), 402(1),
    temporarily amended subpar. (A) generally. Prior to amendment,
    subpar. (A) read as follows: "The agreement referred to in section
    1101(a)(15)(H)(i)(b1) of this title is the United States-Chile Free
    Trade Agreement." See Effective and Termination Dates of 2003
    Amendments note below.
      Subsec. (g)(8)(B)(ii). Pub. L. 108-78, Secs. 107(c), 402(2),
    temporarily amended cl. (ii) generally. Prior to amendment, cl.
    (ii) read as follows: "The annual numerical limitations described
    in clause (i) shall not exceed 1,400 for nationals of Chile for any
    fiscal year. For purposes of this clause, the term 'national' has
    the meaning given such term in article 14.9 of the United States-
    Chile Free Trade Agreement." See Effective and Termination Dates
    of 2003 Amendments note below.
      Subsec. (h). Pub. L. 108-77, Secs. 107(c), 404(3), temporarily
    substituted "(H)(i)(b) or (c)" for "(H)(i)". See Effective and
    Termination Dates of 2003 Amendments note below.
      Subsec. (i)(1). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(A)(i),
    temporarily substituted "Except as provided in paragraph (3), for
    purposes" for "For purposes". See Effective and Termination Dates
    of 2003 Amendments note below.
      Subsec. (i)(3). Pub. L. 108-77, Secs. 107(c), 402(a)(2)(A)(ii),
    temporarily added par. (3). See Effective and Termination Dates of
    2003 Amendments note below.
      Subsec. (j). Pub. L. 108-77, Secs. 107(c), 403, temporarily
    designated existing provisions as par. (1), substituted "this
    paragraph" for "this subsection" in two places, and added par. (2).
    See Effective and Termination Dates of 2003 Amendments note below.
      Subsec. (m). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (m), relating to increased portability of H-1B status, as (n).
      Subsec. (n). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (m), relating to increased portability of H-1B status, as (n).
    Former subsec. (n), relating to nonimmigrants guilty of trafficking
    in persons, redesignated (o).
      Subsec. (n)(3). Pub. L. 108-193, Sec. 4(b)(2)(A), inserted
    "siblings," before "or parents".
      Subsec. (n)(4) to (6). Pub. L. 108-193, Sec. 4(b)(2)(B), added
    pars. (4) to (6).
      Subsec. (o). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (n) as (o). Former subsec. (o), relating to requirements applicable
    to section 1101(a)(15)(U) visas, redesignated (p). Another former
    subsec. (o), relating to employment of nonimmigrants described in
    section 1101(a)(15)(V) of this title, redesignated (q).
      Subsec. (p). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (o), relating to requirements applicable to section 1101(a)(15)(U)
    visas, as (p). Former subsec. (p) redesignated (r).
      Subsec. (q). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (o), relating to employment of nonimmigrants described in section
    1101(a)(15)(V) of this title, as (q).
      Subsec. (r). Pub. L. 108-193, Sec. 8(a)(3), redesignated subsec.
    (p) as (r).
      2002 - Subsec. (c)(2)(A). Pub. L. 107-125, Sec. 2(a), inserted at
    end "In the case of an alien seeking admission under section
    1101(a)(15)(L) of this title, the 1-year period of continuous
    employment required under such section is deemed to be reduced to a
    6-month period if the importing employer has filed a blanket
    petition under this subparagraph and met the requirements for
    expedited processing of aliens covered under such petition."
      Subsec. (c)(2)(E). Pub. L. 107-125, Sec. 1, added subpar. (E).
      Subsec. (e)(6). Pub. L. 107-124 added par. (6).
      Subsec. (l)(1)(B). Pub. L. 107-273 substituted "30;" for "20;".
      Subsec. (m). Pub. L. 107-274 substituted "clause (i) or (iii) of
    section 1101(a)(15)(F)" for "section 1101(a)(15)(F)(i)" in two
    places in subsec. (m) relating to nonimmigrant elementary and
    secondary school students.
      2001 - Subsec. (k)(2). Pub. L. 107-45, Sec. 1(2), redesignated
    par. (3) as (2).
      Pub. L. 107-45, Sec. 1(1), which directed that subsec. (k) be
    amended by striking (2), was executed by striking par. (2) to
    reflect the probable intent of Congress. Prior to amendment, par.
    (2) read as follows: "No alien may be admitted into the United
    States as such a nonimmigrant more than 7 years after September 13,
    1994."
      Subsec. (k)(3). Pub. L. 107-45, Sec. 1(2), redesignated par. (4)
    as (3). Former par. (3) redesignated (2).
      Subsec. (k)(4). Pub. L. 107-45, Sec. 1(2), redesignated par. (5)
    as (4). Former par. (4) redesignated (3).
      Subsec. (k)(4)(E). Pub. L. 107-45, Sec. 1(3), substituted
    "paragraph (3)" for "paragraph (4)".
      Subsec. (k)(5). Pub. L. 107-45, Sec. 1(2), redesignated par. (5)
    as (4).
      2000 - Subsec. (b). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)".
      Subsec. (c)(9)(A). Pub. L. 106-311, Sec. 1(1), substituted
    "(excluding any employer that is a primary or secondary education
    institution, an institution of higher education, as defined in
    section 1001(a) of title 20, a nonprofit entity related to or
    affiliated with any such institution, a nonprofit entity which
    engages in established curriculum-related clinical training of
    students registered at any such institution, a nonprofit research
    organization, or a governmental research organization) filing
    before October 1, 2003" for "(excluding an employer described in
    subparagraph (A) or (B) of section 1182(p)(1) of this title) filing
    (on or after December 1, 1998, and before October 1, 2001)".
      Subsec. (c)(9)(B). Pub. L. 106-311, Sec. 1(2), substituted
    "$1,000" for "$500".
      Subsec. (c)(10). Pub. L. 106-396 added par. (10).
      Subsec. (d). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(c)(1)], substituted "1101(a)(15)(K)(i)" for "1101(a)(15)(K)".
      Subsec. (g)(1)(A)(iv) to (vii). Pub. L. 106-313, Sec. 102(a),
    added cls. (iv) to (vi), redesignated former cl. (v) as (vii), and
    struck out former cl. (iv) which read as follows: "107,500 in
    fiscal year 2001; and".
      Subsec. (g)(3). Pub. L. 106-313, Sec. 108, amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "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."
      Subsec. (g)(5) to (7). Pub. L. 106-313, Sec. 103, added pars. (5)
    to (7).
      Subsec. (h). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(d)(1)], substituted "(H)(i), (L), or (V)" for "(H)(i) or (L)".
      Subsec. (l). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
    subsec. (l), relating to nonimmigrant elementary and secondary
    school students, as (m).
      Subsec. (m). Pub. L. 106-386, Sec. 107(e)(2)(A), redesignated
    subsec. (l), relating to nonimmigrant elementary and secondary
    school students, as (m).
      Pub. L. 106-313, Sec. 105(a), added subsec. (m) relating to
    increased portability of H-1B status.
      Subsec. (n). Pub. L. 106-386, Sec. 107(e)(2)(B), added subsec.
    (n).
      Subsec. (o). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1102(b)], added subsec. (o) relating to employment of nonimmigrants
    described in section 1101(a)(15)(V) of this title.
      Pub. L. 106-386, Sec. 1513(c), added subsec. (o) relating to
    requirements applicable to section 1101(a)(15)(U) visas.
      Subsec. (p). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(b)], added subsec. (p).
      1999 - Subsec. (k)(2). Pub. L. 106-104 substituted "7 years" for
    "5 years".
      1998 - Subsec. (c)(9). Pub. L. 105-277, Sec. 414(a), added par.
    (9).
      Subsec. (g)(1)(A). Pub. L. 105-277, Sec. 411(a), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "under section 1101(a)(15)(H)(i)(b) of this title may not exceed
    65,000, or".
      1997 - Subsec. (l)(1)(D). Pub. L. 105-65 inserted before period
    at end ", except that, in the case of a request by the Department
    of Veterans Affairs, the alien shall not be required to practice
    medicine in a geographic area designated by the Secretary".
      1996 - Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(f)(1)(G),
    substituted "admission" for "entry".
      Subsec. (c)(5)(B). Pub. L. 104-208, Sec. 308(f)(3)(B),
    substituted "is admitted to" for "enters".
      Subsec. (d). Pub. L. 104-208, Sec. 308(g)(5)(A)(i), (7)(A),
    substituted "sections 1229a and 1231" for "sections 1252 and 1253".
      Pub. L. 104-208, Sec. 308(f)(1)(H), substituted "admission" for
    "entry".
      Pub. L. 104-208, Sec. 308(e)(2)(B), substituted "removed" for
    "deported".
      Subsec. (f)(1). Pub. L. 104-208, Sec. 671(e)(4)(A), substituted
    "section 40102(a)(2) of title 49" for "section 101(3) of the
    Federal Aviation Act of 1958".
      Subsec. (j). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (j), relating to numerical limitations on the number of
    aliens provided with nonimmigrant visas, as (k).
      Subsec. (j)(1). Pub. L. 104-208, Sec. 621, substituted "200" for
    "100" and "50" for "25".
      Subsec. (k). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (j), relating to numerical limitations on the number of
    aliens provided with nonimmigrant visas, as (k). Former (k)
    redesignated (l).
      Pub. L. 104-208, Sec. 622(c), amended subsec. (k) generally,
    substituting provisions relating to requests by interested State
    and Federal agencies for waivers of the two-year foreign residence
    requirement under section 1182(e) of this title for former
    provisions relating to requests by interested State agencies for
    such waivers.
      Subsec. (k)(4)(C). Pub. L. 104-208, Sec. 308(e)(1)(D), amended
    subsec. (k)(4)(C), as redesignated by Pub. L. 104-208, Sec.
    671(a)(3)(A), by substituting "removal" for "deportation".
      Subsec. (l). Pub. L. 104-208, Sec. 671(a)(3)(A), redesignated
    subsec. (k) as (l).
      Pub. L. 104-208, Sec. 625(a)(1), added subsec. (l) relating to
    nonimmigrant elementary and secondary school students.
      1994 - Subsec. (j). Pub. L. 103-322 added subsec. (j) relating to
    numerical limitations on the number of aliens provided with
    nonimmigrant visas.
      Subsec. (k). Pub. L. 103-416 added subsec. (k).
      1993 - Subsec. (e). Pub. L. 103-182, Sec. 341(b), designated
    existing provisions as par. (1) and added pars. (2) to (5).
      Subsec. (j). Pub. L. 103-182, Sec. 341(c), added subsec. (j).
      1991 - Subsec. (a)(2)(A). Pub. L. 102-232, Sec. 303(a)(11),
    substituted "described in section 1101(a)(15)(O)" for "under
    section 1101(a)(15)(O)".
      Pub. L. 102-232, Sec. 205(d), inserted "(or events)" after
    "event".
      Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 206(a), designated cl.
    (i) as subpar. (B) and struck out cl. (ii) which read as follows:
    "An alien who is admitted as a nonimmigrant under clause (ii) or
    (iii) of section 1101(a)(15)(P) of this title may not be readmitted
    as such a nonimmigrant unless the alien has remained outside the
    United States for at least 3 months after the date of the most
    recent admission. The Attorney General may waive the application of
    the previous sentence in the case of individual tours in which the
    application would work an undue hardship."
      Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 303(a)(10)(A),
    substituted "individual petitions" for "individuals petitions".
      Subsec. (c)(2)(D). Pub. L. 102-232, Sec. 303(a)(10)(B),
    substituted "involves" for "involved".
      Subsec. (c)(3). Pub. L. 102-232, Sec. 205(e), inserted at end
    "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 section
    1101(a)(15)(O)(i) of this title because of extraordinary ability in
    the arts and who seek readmission to perform similar services
    within 2 years after the date of a consultation under such
    subparagraph. Not later than 5 days after the date such a waiver is
    provided, the Attorney General shall forward a copy of the petition
    and all supporting documentation to the national office of an
    appropriate labor organization."
      Subsec. (c)(3)(A). Pub. L. 102-232, Sec. 204(1), substituted
    "after consultation in accordance with paragraph (6)" for "after
    consultation with peer groups in the area of the alien's ability".
      Subsec. (c)(3)(B). Pub. L. 102-232, Sec. 204(2), substituted
    "after consultation in accordance with paragraph (6) or, in the
    case of such an alien seeking entry for a motion picture or
    television production, after consultation with such a labor
    organization and a management organization in the area of the
    alien's ability" for "after consultation with labor organizations
    with expertise in the skill area involved".
      Subsec. (c)(4)(A), (B). Pub. L. 102-232, Sec. 203(b), added
    subpars. (A) and (B) and redesignated former subpars. (A) and (B)
    as (C) and (D), respectively.
      Subsec. (c)(4)(C). Pub. L. 102-232, Sec. 204(3), struck out
    "clause (ii) of" after "under".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (A) as (C).
    Former subpar. (C) redesignated (E).
      Subsec. (c)(4)(D). Pub. L. 102-232, Sec. 204(4), substituted
    "after consultation in accordance with paragraph (6)" for "after
    consultation with labor organizations with expertise in the
    specific field of athletics or entertainment involved".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (B) as (D).
      Subsec. (c)(4)(E). Pub. L. 102-232, Sec. 206(c)(2), struck out
    before period at end ", in order to assure reciprocity in fact with
    foreign states".
      Pub. L. 102-232, Sec. 203(b), redesignated subpar. (C) as (E).
      Subsec. (c)(5). Pub. L. 102-232, Sec. 207(a), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (c)(5)(A). Pub. L. 102-232, Sec. 303(a)(12), substituted
    "1101(a)(15)(H)(ii)(b)" for "1101(H)(ii)(b)".
      Subsec. (c)(6), (7). Pub. L. 102-232, Sec. 204(5), (6), added
    par. (6) and redesignated former par. (6) as (7).
      Subsec. (c)(8). Pub. L. 102-232, Sec. 207(c)(1), added par. (8).
      Subsec. (g)(1). Pub. L. 102-232, Sec. 202(a), inserted "or" at
    end of subpar. (A), substituted a period for ", or" at end of
    subpar. (B), and struck out subpar. (C) which read as follows:
    "under section 1101(a)(15)(P)(i) or section 1101(a)(15)(P)(iii) of
    this title may not exceed 25,000."
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 207(b)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 101-649, Sec. 205(b)(1), inserted "(other
    than a nonimmigrant described in subparagraph (H)(i) or (L) of
    section 1101(a)(15) of this title)" after "Every alien".
      Subsec. (c). Pub. L. 101-649, Secs. 206(b), 207(b)(2)(B),
    designated existing provisions as par. (1), substituted reference
    to section 1101(a)(15)(H), (L), (O), or (P)(i) of this title for
    reference to section 1101(a)(15)(H) or (L) of this title, and added
    pars. (2) to (6).
      Subsec. (f). Pub. L. 101-649, Sec. 202(a), added subsec. (f).
      Subsecs. (g) to (i). Pub. L. 101-649, Sec. 205(a), (b)(2),
    (c)(2), added subsecs. (g) to (i).
      1988 - Subsec. (c). Pub. L. 100-525, Sec. 2(l)(1), amended Pub.
    L. 99-603, Sec. 301(b). See 1986 Amendment note below.
      Subsec. (e). Pub. L. 100-449 added subsec. (e).
      1986 - Subsec. (a). Pub. L. 99-603, Sec. 313(b), inserted
    provision directing that no alien admitted without a visa pursuant
    to section 1187 of this title may be authorized to remain in the
    United States as a nonimmigrant visitor for a period exceeding 90
    days from the date of admission.
      Subsec. (c). Pub. L. 99-603, Sec. 301(b), as amended by Pub. L.
    100-525, Sec. 2(l)(1), inserted provisions relating to
    nonimmigrants described in section 1101(a)(15)(H)(ii)(a) of this
    title.
      Subsec. (d). Pub. L. 99-639, Sec. 3(a), substituted "have
    previously met in person within 2 years before the date of filing
    the petition, have a bona fide intention to marry," for "have a
    bona fide intention to marry", and inserted ", except that the
    Attorney General in his discretion may waive the requirement that
    the parties have previously met in person".
      Pub. L. 99-639, Sec. 3(c), struck out last sentence which read:
    "In the event the marriage between the said alien and the
    petitioner shall occur within three months after the entry and they
    are found otherwise admissible, the Attorney General shall record
    the lawful admission for permanent residence of the alien and minor
    children as of the date of the payment of the required visa fees."
      1984 - Subsec. (a). Pub. L. 98-454 inserted "No alien admitted to
    Guam without a visa pursuant to section 1182(l) of this title may
    be authorized to enter or stay in the United States other than in
    Guam or to remain in Guam for a period exceeding fifteen days from
    date of admission to Guam."
      1970 - Subsec. (c). Pub. L. 91-225, Sec. 3(a), inserted reference
    to subpar. (L) of section 1101(a)(15) of this title.
      Subsec. (d). Pub. L. 91-225, Sec. 3(b), added subsec. (d).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-364, div. A, title X, Sec. 1074(c), Oct. 17, 2006,
    120 Stat. 2403, provided that: "The amendments made by this section
    [amending this section and provisions set out as a note under this
    section] shall take effect on October 1, 2006. If this section is
    enacted after October 1, 2006, the amendments made by this section
    shall take effect as if enacted on such date."
      Pub. L. 109-162, title VIII, Sec. 832(a)(3), Jan. 5, 2006, 119
    Stat. 3068, provided that: "The amendments made by this subsection
    [amending this section] shall take effect on the date that is 60
    days after the date of the enactment of this Act [Jan. 5, 2006]."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title IV, Sec. 402(b), May 11, 2005, 119
    Stat. 318, as amended by Pub. L. 109-364, div. A, title X, Sec.
    1074(b), Oct. 17, 2006, 120 Stat. 2403, provided that:
      "(1) In general. - The amendment in subsection (a) [amending this
    section] shall take effect as if enacted on October 1, 2004.
      "(2) Implementation. - Not later than 14 days after the date of
    the enactment of this Act [May 11, 2005], the Secretary of Homeland
    Security shall begin accepting and processing petitions filed on
    behalf of aliens described in section 101(a)(15)(H)(ii)(b) of the
    Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(H)(ii)(b)],
    in a manner consistent with this section [amending this section]
    and the amendments made by this section. Notwithstanding section
    214(g)(9)(B) of such Act [8 U.S.C. 1184(g)(9)(B)], as added by
    subsection (a), the Secretary of Homeland Security shall allocate
    additional numbers for fiscal year 2005 based on statistical
    estimates and projections derived from Department of State data."
      Pub. L. 109-13, div. B, title IV, Sec. 403(c), May 11, 2005, 119
    Stat. 319, provided that: "The amendments made by subsections (a)
    and (b) [amending this section and section 1356 of this title]
    shall take effect 14 days after the date of the enactment of this
    Act [May 11, 2005] and shall apply to filings for a fiscal year
    after fiscal year 2005."
      Pub. L. 109-13, div. B, title IV, Sec. 404(b), May 11, 2005, 119
    Stat. 320, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect on October 1, 2005."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-447, div. J, title IV, Sec. 412(b), Dec. 8, 2004, 118
    Stat. 3352, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to petitions filed on or after
    the effective date of this subtitle [subtitle A, effective 180 days
    after Dec. 8, 2004, see below], whether for initial, extended, or
    amended classification."
      Pub. L. 108-447, div. J, title IV, Sec. 413(b), Dec. 8, 2004, 118
    Stat. 3352, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply only to petitions for initial
    classification filed on or after the effective date of this
    subtitle [subtitle A, effective 180 days after Dec. 8, 2004, see
    below]."
      Pub. L. 108-447, div. J, title IV, Sec. 417, Dec. 8, 2004, 118
    Stat. 3353, provided that: "This subtitle [subtitle A (Secs. 411-
    417) of title IV of div. J of Pub. L. 108-447, enacting section
    1380 of this title, amending this section, and enacting provisions
    set out as notes under this section and section 1101 of this title]
    and the amendments made by this subtitle shall take effect 180 days
    after the date of enactment of this Act [Dec. 8, 2004]."
      Amendment by sections 422(b) and 426(a) of Pub. L. 108-447
    effective Dec. 8, 2004, and amendment by section 425(a) of Pub. L.
    108-447 effective 90 days after Dec. 8, 2004, see section 430 of
    Pub. L. 108-447, set out as a note under section 1182 of this
    title.
      Pub. L. 108-447, div. J, title IV, Sec. 426(c), Dec. 8, 2004, 118
    Stat. 3358, provided that: "The amendments made by this section
    [amending this section and section 1356 of this title] shall take
    effect on the date of enactment of this Act [Dec. 8, 2004], and the
    fees imposed under such amendments shall apply to petitions under
    section 214(c) of the Immigration and Nationality Act [8 U.S.C.
    1184(c)], and applications for nonimmigrant visas under section 222
    of such Act [8 U.S.C. 1202], filed on or after the date that is 90
    days after the date of the enactment of this Act."

            EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS        
      Amendment by Pub. L. 108-78 effective on the date the United
    States-Singapore Free Trade Agreement enters into force (Jan. 1,
    2004), and ceases to be effective on the date the Agreement ceases
    to be in force, see section 107 of Pub. L. 108-78, set out in a
    note under section 3805 of Title 19, Customs Duties.
      Amendment by Pub. L. 108-77 effective on the date the United
    States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
    and ceases to be effective on the date the Agreement ceases to be
    in force, see section 107 of Pub. L. 108-77, set out as a note
    under section 3805 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective as if enacted May 31,
    2002, see section 11018(d) of Pub. L. 107-273, set out as a note
    under section 1182 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Amendment by section 1(a)(2) [title XI, Sec. 1102(b), (d)(1)] of
    Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien
    who is beneficiary of classification petition filed under section
    1154 of this title on or before Dec. 21, 2000, see section 1(a)(2)
    [title XI, Sec. 1102(e)] of Pub. L. 106-553, set out as a note
    under section 1101 of this title.
      Amendment by section 1(a)(2) [title XI, Sec. 1103(b), (c)(1)] of
    Pub. L. 106-553 effective Dec. 21, 2000, and applicable to alien
    who is beneficiary of classification petition filed under section
    1154 of this title before, on, or after Dec. 21, 2000, see section
    1(a)(2) [title XI, Sec. 1103(d)] of Pub. L. 106-553, set out as a
    note under section 1101 of this title.
      Pub. L. 106-313, title I, Sec. 105(b), Oct. 17, 2000, 114 Stat.
    1253, provided that: "The amendment made by subsection (a)
    [amending this section] shall apply to petitions filed before, on,
    or after the date of enactment of this Act [Oct. 17, 2000]."
      Pub. L. 106-311, Sec. 2, Oct. 17, 2000, 114 Stat. 1247, provided
    that: "The amendment made by section 1(2) [amending this section]
    shall apply only to petitions that are filed on or after the date
    that is 2 months after the date of the enactment of this Act [Oct.
    17, 2000]."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. C, title IV, Sec. 411(b), Oct. 21, 1998,
    112 Stat. 2681-642, provided that: "The amendment made by
    subsection (a) [amending this section] applies beginning with
    fiscal year 1999."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(1)(D), (2)(B), (f)(1)(G), (H),
    (3)(B), (g)(5)(A)(i), (7)(A) of Pub. L. 104-208 effective, with
    certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 625(a)(1) of Pub. L. 104-208 applicable to
    individuals who obtain status of nonimmigrant under section
    1101(a)(15)(F) of this title after end of 60-day period beginning
    Sept. 30, 1996, including aliens whose status as such a
    nonimmigrant is extended after end of such period, see section
    625(c) of Pub. L. 104-208, set out as a note under section 1101 of
    this title.
      Amendment by section 671(a)(3)(A) of Pub. L. 104-208 effective as
    if included in the enactment of the Violent Crime Control and Law
    Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
    Pub. L. 104-208, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 applicable to aliens admitted to
    United States under section 1101(a)(15)(J) of this title, or
    acquiring such status after admission to United States, before, on,
    or after Oct. 25, 1994, and before June 1, 2008, see section 220(c)
    of Pub. L. 103-416, as amended, set out as an Effective and
    Termination Dates of 1994 Amendments note under section 1182 of
    this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on date the North American
    Free Trade Agreement enters into force with respect to the United
    States (Jan. 1, 1994), see section 342 of Pub. L. 103-182, set out
    as a note under section 3401 of Title 19, Customs Duties.

                     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 Pub. L. 102-232 effective Apr. 1, 1992,
    see section 208 of Pub. L. 102-232, set out as a note under section
    1101 of this title.
      Amendment by section 303(a)(10)-(12) of Pub. L. 102-232 effective
    as if included in the enactment of the Immigration Act of 1990,
    Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as
    a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 202(a) of Pub. L. 101-649 effective 60 days
    after Nov. 29, 1990, see section 202(c) of Pub. L. 101-649, set out
    as a note under section 1182 of this title.
      Amendment by sections 205(a), (b), (c)(2), 206(b), and 207(b) of
    Pub. L. 101-649 effective Oct. 1, 1991, see section 231 of Pub. L.
    101-649, set out as a note under section 1101 of this title.

            EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS        
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as an Effective
    Date of 1988 Amendment note under section 1101 of this title.
      Amendment by Pub. L. 100-449 effective on the date the United
    States-Canada Free-Trade Agreement enters into force (Jan. 1,
    1989), and to cease to have effect on the date the Agreement ceases
    to be in force, see section 501(a), (c) of Pub. L. 100-449, set out
    in a note under section 2112 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 3(d)(1), (3) of Pub. L. 99-639 provided that:
      "(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 [8 U.S.C. 1101(a)(15)(K)] on or
    after the date of the enactment of this Act."
      Amendment by section 301(b) of Pub. L. 99-603 applicable to
    petitions and applications filed under sections 1184(c) and 1188 of
    this title on or after the first day of the seventh month beginning
    after Nov. 6, 1986, see section 301(d) of Pub. L. 99-603, as
    amended, set out as an Effective Date note under section 1188 of
    this title.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      United States Information Agency (other than Broadcasting Board
    of Governors and International Broadcasting Bureau) abolished and
    functions transferred to Secretary of State, see sections 6531 and
    6532 of Title 22, Foreign Relations and Intercourse.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                 LIMITATION ON USE OF CERTAIN INFORMATION             
      Pub. L. 109-162, title VIII, Sec. 832(b), Jan. 5, 2006, 119 Stat.
    3068, provided that: "The fact that an alien described in clause
    (i) or (ii) of section 101(a)(15)(K) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(K)) is aware of any
    information disclosed under the amendments made by this section
    [amending this section] or under section 833 [enacting section
    1375a of this title and repealing section 1375 of this title] shall
    not be used to deny the alien eligibility for relief under any
    other provision of law."

                EXEMPTION FROM ADMINISTRATIVE PROCEDURE ACT            
      Pub. L. 109-13, div. B, title IV, Sec. 407, May 11, 2005, 119
    Stat. 321, provided that: "The requirements of chapter 5 of title
    5, United States Code (commonly referred to as the 'Administrative
    Procedure Act') or any other law relating to rulemaking,
    information collection or publication in the Federal Register,
    shall not apply to any action to implement sections 402, 403, and
    405 [amending this section and section 1356 of this title and
    enacting provisions set out as notes under this section] or the
    amendments made by such sections to the extent the Secretary
    Homeland of Security, the Secretary of Labor, or the Secretary of
    State determine that compliance with any such requirement would
    impede the expeditious implementation of such sections or the
    amendments made by such sections."

        L VISA INTERAGENCY TASK FORCE AND INSPECTOR GENERAL REPORT    
      Pub. L. 108-447, div. J, title IV, Secs. 415, 416, Dec. 8, 2004,
    118 Stat. 3352, provided that:

      "SEC. 415. INSPECTOR GENERAL REPORT ON L VISA PROGRAM.
      "Not later than 6 months after the date of enactment of this Act
    [Dec. 8, 2004], the Inspector General of the Department of Homeland
    Security shall, consistent with the authority granted the
    Department under section 428 of the Homeland Security Act of 2002
    (6 U.S.C. 236), examine and report to the Committees on the
    Judiciary of the House of Representatives and the Senate on the
    vulnerabilities and potential abuses in the visa program carried
    out under section 214(c) of the Immigration and Nationality Act (8
    U.S.C. 1184(c)) with respect to nonimmigrants described in section
    101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)).

      "SEC. 416. ESTABLISHMENT OF TASK FORCE.
      "(a) Establishment. - Not later than 6 months after the date of
    enactment of this Act [Dec. 8, 2004], there shall be established an
    L Visa Interagency Task Force that consists of representatives from
    the Department of Homeland Security, the Department of Justice, and
    the Department of State. The Secretaries of each Department and
    each relevant bureau of the Department of Homeland Security shall
    appoint designees to the L Visa Interagency Task Force. The L Visa
    Interagency Task Force shall consult with other agencies deemed
    appropriate.
      "(b) Report. - Not later than 6 months after the submission of
    the report by the Inspector General of the Department of Homeland
    Security in accordance with section 6 [probably means section 415
    of div. J. of Pub. L. 108-447], the L Visa Interagency Task Force
    shall report to the Committees on the Judiciary of the House of
    Representatives and the Senate on the efforts to implement the
    recommendations set forth by the Inspector General's report. The L
    Visa Interagency Task Force shall note specific areas of agreement
    and disagreement, and make recommendations to Congress on the
    findings of the Task Force, including any suggestions for
    legislation. The Task Force shall also review other additional
    issues as may be raised by the Inspector General's report or by the
    Task Force's own deliberations regarding the policies and purposes
    of the visa program relative to national goals and transnational
    commerce."

         STATISTICAL INFORMATION ON COUNTRY OF ORIGIN, OCCUPATION,
                    EDUCATIONAL LEVEL AND COMPENSATION
      Pub. L. 108-447, div. J, title IV, Sec. 425(b), Dec. 8, 2004, 118
    Stat. 3356, provided that: "Beginning on the date of enactment of
    this Act [Dec. 8, 2004], the Secretary of Homeland Security shall
    maintain statistical information on the country of origin and
    occupation of, educational level maintained by, and compensation
    paid to, each alien who is issued a visa or otherwise provided
    nonimmigrant status and is exempt under section 214(g)(5) of the
    Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) for each
    fiscal year. The statistical information shall be included in the
    annual report to Congress under section 416(c) of the American
    Competitiveness and Workforce Improvement Act of 1998 (Public Law
    105-277; 112 Stat. 2681-655) [set out below]."

              ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000          
      Pub. L. 106-313, title I, Sec. 102(b), Oct. 17, 2000, 114 Stat.
    1251, provided that:
      "(1) In general. - (A) Notwithstanding section 214(g)(1)(A)(ii)
    of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(1)(A)(ii)), the total number of aliens who may be issued
    visas or otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of such Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] in
    fiscal year 1999 is increased by a number equal to the number of
    aliens who are issued such a visa or provided such status during
    the period beginning on the date on which the limitation in such
    section 214(g)(1)(A)(ii) is reached and ending on September 30,
    1999.
      "(B) In the case of any alien on behalf of whom a petition for
    status under section 101(a)(15)(H)(i)(b) is filed before September
    1, 2000, and is subsequently approved, that alien shall be counted
    toward the numerical ceiling for fiscal year 2000 notwithstanding
    the date of the approval of the petition. Notwithstanding section
    214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total
    number of aliens who may be issued visas or otherwise provided
    nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act
    in fiscal year 2000 is increased by a number equal to the number of
    aliens who may be issued visas or otherwise provided nonimmigrant
    status who filed a petition during the period beginning on the date
    on which the limitation in such section 214(g)(1)(A)(iii) is
    reached and ending on August 31, 2000.
      "(2) Effective date. - Paragraph (1) shall take effect as if
    included in the enactment of section 411 of the American
    Competitiveness and Workforce Improvement Act of 1998 (as contained
    in title IV of division C of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) [see
    Effective Date of 1998 Amendment note above]."

               ONE-TIME PROTECTION UNDER PER COUNTRY CEILING           
      Pub. L. 106-313, title I, Sec. 104(c), Oct. 17, 2000, 114 Stat.
    1253, provided that: "Notwithstanding section 214(g)(4) of the
    Immigration and Nationality Act (8 U.S.C. 1184(g)(4)), any alien
    who - 
        "(1) is the beneficiary of a petition filed under section
      204(a) of that Act [8 U.S.C. 1154(a)] for a preference status
      under paragraph (1), (2), or (3) of section 203(b) of that Act [8
      U.S.C. 1153(b)]; and
        "(2) is eligible to be granted that status but for application
      of the per country limitations applicable to immigrants under
      those paragraphs,
    may apply for, and the Attorney General may grant, an extension of
    such nonimmigrant status until the alien's application for
    adjustment of status has been processed and a decision made
    thereon."

           SPECIAL PROVISIONS IN CASES OF LENGTHY ADJUDICATIONS       
      Pub. L. 106-313, title I, Sec. 106(a), (b), Oct. 17, 2000, 114
    Stat. 1253, 1254, as amended by Pub. L. 107-273, div. C, title I,
    Sec. 11030A, Nov. 2, 2002, 116 Stat. 1836, provided that:
      "(a) Exemption From Limitation. - The limitation contained in
    section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(4)) with respect to the duration of authorized stay shall
    not apply to any nonimmigrant alien previously issued a visa or
    otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), if
    365 days or more have elapsed since the filing of any of the
    following:
        "(1) Any application for labor certification under section
      212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), in a case in
      which certification is required or used by the alien to obtain
      status under section 203(b) of such Act (8 U.S.C. 1153(b)).
        "(2) A petition described in section 204(b) of such Act (3
      U.S.C. 1154(b)) [8 U.S.C. 1154(b)] to accord the alien a status
      under section 203(b) of such Act.
      "(b) Extension of H-1B Worker Status. - The Attorney General
    shall extend the stay of an alien who qualifies for an exemption
    under subsection (a) in one-year increments until such time as a
    final decision is made - 
        "(1) to deny the application described in subsection (a)(1),
      or, in a case in which such application is granted, to deny a
      petition described in subsection (a)(2) filed on behalf of the
      alien pursuant to such grant;
        "(2) to deny the petition described in subsection (a)(2); or
        "(3) to grant or deny the alien's application for an immigrant
      visa or for adjustment of status to that of an alien lawfully
      admitted for permanent residence."

     EXCLUSION OF CERTAIN "J" NONIMMIGRANTS FROM NUMERICAL LIMITATIONS
                    APPLICABLE TO "H-1B" NONIMMMIGRANTS
      Pub. L. 106-313, title I, Sec. 114, Oct. 17, 2000, 114 Stat.
    1262, provided that: "The numerical limitations contained in
    section 102 of this title [amending this section and enacting
    provisions set out as a note above] shall not apply to any
    nonimmigrant alien granted a waiver that is subject to the
    limitation contained in paragraph (1)(B) of the first section
    214(l) of the Immigration and Nationality Act [8 U.S.C. 1184(l)]
    (relating to restrictions on waivers)."

              IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS          
      Pub. L. 105-277, div. C, title IV, Sec. 416, Oct. 21, 1998, 112
    Stat. 2681-655, as amended by Pub. L. 109-13, div. B, title IV,
    Sec. 406, May 11, 2005, 119 Stat. 320, provided that:
      "(a) Ensuring Accurate Count. - The Secretary of Homeland
    Security shall take such steps as are necessary to maintain an
    accurate count of the number of aliens subject to the numerical
    limitations of section 214(g)(1) of the Immigration and Nationality
    Act (8 U.S.C. 1184(g)(1)) who are issued visas or otherwise
    provided nonimmigrant status.
      "(b) Revision of Petition Forms. - The Secretary of Homeland
    Security shall take such steps as are necessary to revise the forms
    used for petitions for visas or nonimmigrant status under clause
    (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure that the
    forms provide the Secretary of Homeland Security with sufficient
    information to permit the Secretary of Homeland Security accurately
    to count the number of aliens subject to the numerical limitations
    of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who are
    issued visas or otherwise provided nonimmigrant status.
      "(c) Provision of Information. - 
        "(1) Quarterly notification. - Beginning not later than 60 days
      after the first day of fiscal year 1999, the Secretary of
      Homeland Security shall notify, on a quarterly basis, the
      Committees on the Judiciary of the United States House of
      Representatives and the Senate of the numbers of aliens who were
      issued visas or otherwise provided nonimmigrant status under
      section 101(a)(15)(H)(i)(b) of the Immigration and Nationality
      Act [8 U.S.C. 1101(a)(15)(H)(i)(b)] during the preceding 3-month
      period.
        "(2) Annual submission. - Beginning with fiscal year 2000, the
      Secretary of Homeland Security shall submit on an annual basis,
      to the Committees on the Judiciary of the United States House of
      Representatives and the Senate, information on the countries of
      origin and occupations of, educational levels attained by, and
      compensation paid to, aliens who were issued visas or otherwise
      provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of
      the Immigration and Nationality Act [8 U.S.C.
      1101(a)(15)(H)(i)(b)] during the previous fiscal year. With
      respect to the first submission under this paragraph, the
      information shall relate solely to aliens provided nonimmigrant
      status after the date that is 60 days after the date on which
      final regulations are issued to carry out section 412(a)
      [amending section 1182 of this title].
        "(3) Specification of number of petitions filed by certain
      employers. - Each notification under paragraph (1), and each
      submission under paragraph (2), shall include the number of
      aliens who were issued visas or otherwise provided nonimmigrant
      status pursuant to petitions filed by institutions or
      organizations described in section 212(p)(1) of the Immigration
      and Nationality Act [8 U.S.C. 1182(p)(1)] (as added by section
      415 of this title).
      "(d) Provision of Information. - 
        "(1) Semiannual notification. - Beginning not later than March
      1, 2006, the Secretary of Homeland Security and the Secretary of
      State shall notify, on a semiannual basis, the Committees on the
      Judiciary of the House of Representatives and the Senate of the
      number of aliens who during the preceding 1-year period - 
          "(A) were issued visas or otherwise provided nonimmigrant
        status under section 101(a)(15)(H)(ii)(b) of the Immigration
        and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)); or
          "(B) had such a visa or such status be revoked or otherwise
        terminated.
        "(2) Annual submission. - Beginning in fiscal year 2007, the
      Secretary of Homeland Security and the Secretary of State shall
      submit, on an annual basis, to the Committees on the Judiciary of
      the House of Representatives and the Senate - 
          "(A) information on the countries of origin of, occupations
        of, and compensation paid to aliens who were issued visas or
        otherwise provided nonimmigrant status under section
        101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8
        U.S.C. 1101(a)(15)(H)(ii)(b)) during the previous fiscal year;
          "(B) the number of aliens who had such a visa or such status
        expire or be revoked or otherwise terminated during each month
        of such fiscal year; and
          "(C) the number of aliens who were provided nonimmigrant
        status under such section during both such fiscal year and the
        preceding fiscal year.
        "(3) Information maintained by state. - If the Secretary of
      Homeland Security determines that information maintained by the
      Secretary of State is required to make a submission described in
      paragraph (1) or (2), the Secretary of State shall provide such
      information to the Secretary of Homeland Security upon request."

     REPORTING ON STUDIES SHOWING ECONOMIC IMPACT OF H-1B NONIMMIGRANT
                                 INCREASE
      Pub. L. 105-277, div. C, title IV, Sec. 418(b), Oct. 21, 1998,
    112 Stat. 2681-657, provided that: "The Chairman of the Board of
    Governors of the Federal Reserve System, the Director of the Office
    of Management and Budget, the Chair of the Council of Economic
    Advisers, the Secretary of the Treasury, the Secretary of Commerce,
    the Secretary of Labor, and any other member of the Cabinet, shall
    promptly report to the Congress the results of any reliable study
    that suggests, based on legitimate economic analysis, that the
    increase effected by section 411(a) of this title [amending this
    section] in the number of aliens who may be issued visas or
    otherwise provided nonimmigrant status under section
    101(a)(15)(H)(i)(b) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)(H)(i)(b)] has had an impact on any national
    economic indicator, such as the level of inflation or unemployment,
    that warrants action by the Congress."

            DEADLINE FOR FIRST REPORT WITH RESPECT TO PETITIONS        
      Section 207(c)(2) of Pub. L. 102-232 provided that: "The first
    report under section 214(c)(8) of the Immigration and Nationality
    Act [8 U.S.C. 1184(c)(8)] shall be provided not later than April 1,
    1993."

     DELAY UNTIL APRIL 1, 1992, IN APPLICATION OF SUBSECTION (G)(1)(C)
                              OF THIS SECTION
      See section 3 of Pub. L. 102-110, set out as a Delay Until April
    1, 1992, in Implementation of Provisions Relating to Nonimmigrant
    Artists, Athletes, Entertainers, and Fashion Models note under
    section 1101 of this title.

             WORK AUTHORIZATION DURING PENDING LABOR DISPUTES         
      Section 207(c) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(a)(13), Dec. 12, 1991, 105 Stat. 1748, provided
    that:
      "(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 [8 U.S.C. 1101(a)(15)(H)(ii)(a)]) and who is
    authorized to be employed in an occupation, if nonimmigrants
    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 [Nov. 29, 1990] the alien - 
        "(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 Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 303(b)(1), (2), Dec. 12, 1991, 105 Stat. 1748; Pub.
    L. 103-416, title II, Sec. 215(a), Oct. 25, 1994, 108 Stat. 4315,
    provided that:
      "(a) 5-Year Provision. - With respect to work authorization for
    aliens admitted as nonimmigrant students described in subparagraph
    (F) of section 101(a)(15) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)] during the 5-year period beginning October 1,
    1991, the Attorney General shall grant such an alien work
    authorization to be employed off-campus if - 
        "(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) Report to Congress. - Not later than April 1, 1996, the
    Commissioner of Immigration and Naturalization and the Secretary of
    Labor shall prepare and submit to the Congress a report on - 
        "(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 section
    1101(a)(15)(H)(ii) of this title for employment in the Virgin
    Islands of the United States other than as an entertainer or as an
    athlete and for a period not exceeding 45 days, see section 3 of
    Pub. L. 97-271, set out as a note under section 1255 of this title.

       IMPORTATION OF SHEEPHERDERS; TERMINATION OF QUOTA DEDUCTIONS   
      Quota deductions authorized by acts June 30, 1950, ch. 423, 64
    Stat. 306; Apr. 9, 1952, ch. 171, 66 Stat. 50, terminated effective
    July 1, 1957.

           CANCELLATION OF CERTAIN NONIMMIGRANT DEPARTURE BONDS       
      Pub. L. 85-531, July 18, 1958, 72 Stat. 375, authorized the
    Attorney General, upon application made not later than July 18,
    1963, to cancel any departure bond posted pursuant to the
    Immigration Act of 1924, as amended, or the Immigration and
    Nationality Act [this chapter], on behalf of any refugee who
    entered the United States as a nonimmigrant after May 6, 1945, and
    prior to July 1, 1953, and who had his immigration status adjusted
    to that of an alien admitted for permanent residence pursuant to
    any public or private law.

-FOOTNOTE-
    (!1) So in original. The word "before" probably should not appear.

               

    (!2) See References in Text note below.

               

    (!3) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1184a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1184a. Philippine Traders as nonimmigrants

-STATUTE-
      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 the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.] (66 Stat. 163), be
    considered to be classifiable as a nonimmigrant under section
    101(a)(15)(E) of said Act if entering solely for the purposes
    specified in subsection (i) or (ii) of said section.

-SOURCE-
    (June 18, 1954, ch. 323, 68 Stat. 264.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in text, is act
    June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1101 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of the Immigration and
    Nationality Act which comprises this chapter.

-End-

-CITE-
    8 USC Sec. 1185                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1185. Travel control of citizens and aliens

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 215, 66 Stat. 190;
    Pub. L. 95-426, title VII, Sec. 707(a)-(d), Oct. 7, 1978, 92 Stat.
    992, 993; Pub. L. 103-416, title II, Sec. 204(a), Oct. 25, 1994,
    108 Stat 4311.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (c), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-416 inserted "United States"
    after "valid".
      1978 - Subsec. (a). Pub. L. 95-426, Sec. 707(a), substituted
    provision that the enumerated acts would, unless otherwise ordered
    by the President, be deemed unlawful for provisions declaring it
    unlawful when the United States is at war or during a proclaimed
    national emergency, or, as to aliens, when there exists a state of
    war between two or more states and the President finds that the
    interests of the United States require restrictions to be imposed
    upon departure of persons from and their entry into the United
    States.
      Subsec. (b). Pub. L. 95-426, Sec. 707(b), substituted provisions
    prohibiting departure or entry except as otherwise provided by the
    President and subject to such limitations and exceptions as he may
    authorize or prescribe, for provisions prohibiting such departure
    or entry after proclamation of a national emergency has been made,
    published and in force.
      Subsec. (c). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
    (d) as (c). Former subsec. (c), which provided for penalties for
    violation of this section, was struck out.
      Subsec. (d). Pub. L. 95-426, Sec. 707(d), redesignated subsec.
    (e) as (d). Former subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 95-426, Sec. 707(c), (d), redesignated
    subsec. (f) as (e) and struck out "proclamation," before "rule" in
    two places. Former subsec. (e) redesignated (d).
      Subsecs. (f), (g). Pub. L. 95-426, Sec. 707(d), redesignated
    subsec. (g) as (f). Former (f) redesignated (e).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 204(b) of Pub. L. 103-416 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    departures and entries (and attempts thereof) occurring on or after
    the date of enactment of this Act [Oct. 25, 1994]."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

     DELEGATION OF AUTHORITY UNDER SECTIONS 1182(F) AND 1185(A)(1) OF
                                THIS TITLE
      Authority of President under subsec. (a)(1) of this section to
    maintain custody and conduct screening of any undocumented person
    seeking to enter the United States who is encountered in a vessel
    interdicted on the high seas through Dec. 31, 2000, delegated to
    Attorney General by Memorandum of President of the United States,
    Sept. 24, 1999, 64 F.R. 55809, set out as a note under section 1182
    of this title.

-MISC2-
                             TRAVEL DOCUMENTS                         
      Pub. L. 108-458, title VII, Sec. 7209, Dec. 17, 2004, 118 Stat.
    3823, as amended by Pub. L. 109-295, title V, Sec. 546, Oct. 4,
    2006, 120 Stat. 1386, provided that:
      "(a) Findings. - Consistent with the report of the National
    Commission on Terrorist Attacks Upon the United States, Congress
    makes the following findings:
        "(1) Existing procedures allow many individuals to enter the
      United States by showing minimal identification or without
      showing any identification.
        "(2) The planning for the terrorist attacks of September 11,
      2001, demonstrates that terrorists study and exploit United
      States vulnerabilities.
        "(3) Additional safeguards are needed to ensure that terrorists
      cannot enter the United States.
      "(b) Passports. - 
        "(1) Development of plan and implementation. - 
          "(A) The Secretary of Homeland Security, in consultation with
        the Secretary of State, shall develop and implement a plan as
        expeditiously as possible to require a passport or other
        document, or combination of documents, deemed by the Secretary
        of Homeland Security to be sufficient to denote identity and
        citizenship, for all travel into the United States by United
        States citizens and by categories of individuals for whom
        documentation requirements have previously been waived under
        section 212(d)(4)(B) of the Immigration and Nationality Act (8
        U.S.C. 1182(d)(4)(B)). This plan shall be implemented not later
        than three months after the Secretary of State and the
        Secretary of Homeland Security make the certifications required
        in subsection (B), or June 1, 2009, whichever is earlier. The
        plan shall seek to expedite the travel of frequent travelers,
        including those who reside in border communities, and in doing
        so, shall make readily available a registered traveler program
        (as described in section 7208(k) [8 U.S.C. 1365b(k)]).
          "(B) The Secretary of Homeland Security and the Secretary of
        State shall jointly certify to the Committees on Appropriations
        of the Senate and the House of Representatives that the
        following criteria have been met prior to implementation of
        section 7209(b)(1)(A) - 
            "(i) the National Institute of Standards and Technology
          certifies that the Departments of Homeland Security and State
          have selected a card architecture that meets or exceeds
          International Organization for Standardization (ISO) security
          standards and meets or exceeds best available practices for
          protection of personal identification documents: Provided,
          That the National Institute of Standards and Technology shall
          also assist the Departments of Homeland Security and State to
          incorporate into the architecture of the card the best
          available practices to prevent the unauthorized use of
          information on the card: Provided further, That to facilitate
          efficient cross-border travel, the Departments of Homeland
          Security and State shall, to the maximum extent possible,
          develop an architecture that is compatible with information
          technology systems and infrastructure used by United States
          Customs and Border Protection;
            "(ii) the technology to be used by the United States for
          the passport card, and any subsequent change to that
          technology, has been shared with the governments of Canada
          and Mexico;
            "(iii) an agreement has been reached with the United States
          Postal Service on the fee to be charged individuals for the
          passport card, and a detailed justification has been
          submitted to the Committees on Appropriations of the Senate
          and the House of Representatives;
            "(iv) an alternative procedure has been developed for
          groups of children traveling across an international border
          under adult supervision with parental consent;
            "(v) the necessary technological infrastructure to process
          the passport cards has been installed, and all employees at
          ports of entry have been properly trained in the use of the
          new technology;
            "(vi) the passport card has been made available for the
          purpose of international travel by United States citizens
          through land and sea ports of entry between the United States
          and Canada, Mexico, the Caribbean and Bermuda; and
            "(vii) a single implementation date for sea and land
          borders has been established.
        "(2) Requirement to produce documentation. - The plan developed
      under paragraph (1) shall require all United States citizens, and
      categories of individuals for whom documentation requirements
      have previously been waived under section 212(d)(4)(B) of such
      Act [8 U.S.C. 1182(d)(4)(B)], to carry and produce the
      documentation described in paragraph (1) when traveling from
      foreign countries into the United States.
      "(c) Technical and Conforming Amendments. - After the complete
    implementation of the plan described in subsection (b) - 
        "(1) neither the Secretary of State nor the Secretary of
      Homeland Security may exercise discretion under section
      212(d)(4)(B) of such Act [8 U.S.C. 1182(d)(4)(B)] to waive
      documentary requirements for travel into the United States; and
        "(2) the President may not exercise discretion under section
      215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
      requirements for United States citizens departing from or
      entering, or attempting to depart from or enter, the United
      States except - 
          "(A) where the Secretary of Homeland Security determines that
        the alternative documentation that is the basis for the waiver
        of the documentary requirement is sufficient to denote identity
        and citizenship;
          "(B) in the case of an unforeseen emergency in individual
        cases; or
          "(C) in the case of humanitarian or national interest reasons
        in individual cases.
      "(d) Transit Without Visa Program. - The Secretary of State shall
    not use any authorities granted under section 212(d)(4)(C) of such
    Act [8 U.S.C. 1182(d)(4)(C)] until the Secretary, in conjunction
    with the Secretary of Homeland Security, completely implements a
    security plan to fully ensure secure transit passage areas to
    prevent aliens proceeding in immediate and continuous transit
    through the United States from illegally entering the United
    States."

-EXEC-
        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], 8 USC
    1185 and 3 USC 301, it is hereby ordered as follows:
      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 (8 USC
    1185), to prescribe limitations and exceptions on the rules and
    regulations governing the entry of aliens into the United States.
      Section 1-102. Effective Date. This order is effective
    immediately.
                                                           Jimmy Carter.

    EX. ORD. NO. 13323. ASSIGNMENT OF FUNCTIONS RELATING TO ARRIVALS IN
                   AND DEPARTURES FROM THE UNITED STATES
      Ex. Ord. No. 13323, Dec. 30, 2003, 69 F.R. 241, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 215
    of the Immigration and Nationality Act (INA), as amended (8 U.S.C.
    1185), and section 301 of title 3, United States Code, and to
    strengthen the national security of the United States through
    procedures and systems to manage and control the arrival and
    departure of persons from the United States, it is hereby ordered
    as follows:
      Section 1. Functions of the Secretary of Homeland Security. The
    Secretary of Homeland Security is assigned the functions of the
    President under section 215(a) of the INA with respect to persons
    other than citizens of the United States. In exercising these
    functions, the Secretary of Homeland Security shall not issue,
    amend, or revoke any rules, regulations, or orders without first
    obtaining the concurrence of the Secretary of State.
      Sec. 2. Functions of the Secretary of State. The Secretary of
    State is assigned the functions of the President under section
    215(a) and (b) of the INA with respect to citizens of the United
    States, including those functions concerning United States
    passports. In addition, the Secretary may amend or revoke part 46
    of title 22, Code of Federal Regulations, which concern persons
    other than citizens of the United States. In exercising these
    functions, the Secretary of State shall not issue, amend, or revoke
    any rules, regulations, or orders without first consulting with the
    Secretary of Homeland Security.
      Sec. 3. Judicial Review. This order is not intended to, and does
    not, create any right or benefit, substantive or procedural,
    enforceable at law or in equity by a party against the United
    States, its departments, agencies, entities, officers, employees or
    agents, or any other person.
                                                         George W. Bush.

-End-

-CITE-
    8 USC Sec. 1186                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1186. Transferred

-COD-
                               CODIFICATION                           
      Section, act June 27, 1952, ch. 477, title II, ch. 2, Sec. 216,
    as added Nov. 6, 1986, Pub. L. 99-603, title III, Sec. 301(c), 100
    Stat. 3411, which related to admission of temporary H-2A workers,
    was renumbered Sec. 218 by Pub. L. 100-525, Sec. 2(l)(2), Oct. 24,
    1988, 102 Stat. 2612, and transferred to section 1188 of this
    title.

-End-

-CITE-
    8 USC Sec. 1186a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1186a. Conditional permanent resident status for certain alien
      spouses and sons and daughters

-STATUTE-
    (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 admission 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 section 1154(a) of this title or subsection (d) or (p) of
        section 1184 of this title with respect to the alien;

      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 removal proceeding
        Any alien whose permanent resident status is terminated under
      paragraph (1) may request a review of such determination in a
      proceeding to remove 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 removal proceeding
          In any removal 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 removal proceeding
          Any alien whose permanent resident status is terminated under
        subparagraph (C) may request a review of such determination in
        a proceeding to remove 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 removed,
          (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 admission 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 section 1154(a) of this title or subsection
          (d) or (p) (!2) of section 1184 of this title with respect to
          the alien spouse or alien son or daughter.

        (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 removal
          In the case of an alien who is the subject of removal
        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 removal 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
    section 1182 of this title of certain grounds of inadmissibility,
    such waiver terminates upon the termination of such permanent
    residence status under this section.
    (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 section 1151(b) of
        this title) as the spouse of a citizen of the United States,
          (B) under section 1184(d) of this title as the fiancee or
        fiance of a citizen of the United States, or
          (C) under section 1153(a)(2) of this title as the spouse of
        an alien lawfully admitted for permanent residence,

      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 section 1153(d) of this title.
        (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 216, as added Pub.
    L. 99-639, Sec. 2(a), Nov. 10, 1986, 100 Stat. 3537; amended Pub.
    L. 100-525, Sec. 7(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L. 101-
    649, title VII, Sec. 701(a), Nov. 29, 1990, 104 Stat. 5085; Pub.
    L. 102-232, title III, Sec. 302(e)(8)(B), Dec. 12, 1991, 105 Stat.
    1746; Pub. L. 103-322, title IV, Sec. 40702(a), Sept. 13, 1994, 108
    Stat. 1955; Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(E),
    (e)(7), (f)(1)(I), (J), Sept. 30, 1996, 110 Stat. 3009-618, 3009-
    620, 3009-621; Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(c)(2)], Dec. 21, 2000, 114 Stat. 2762, 2762A-145.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (p) of section 1184 of this title, referred to in
    subsec. (d)(1)(A)(ii), was redesignated subsec. (r) of section 1184
    by Pub. L. 108-193, Sec. 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.

-COD-
                               CODIFICATION                           
      Another section 216 of act June 27, 1952, was renumbered section
    218 and is classified to section 1188 of this title.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsecs. (b)(1)(B), (d)(1)(A)(ii). Pub. L. 106-553
    substituted "section 1154(a) of this title or subsection (d) or (p)
    of section 1184 of this title" for "section 1154(a) or 1184(d) of
    this title".
      1996 - Subsec. (b)(1)(A)(i). Pub. L. 104-208, Sec. 308(f)(1)(I),
    substituted "admission" for "entry".
      Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(7), substituted
    "removal" for "deportation" in heading and "remove" for "deport" in
    text.
      Subsec. (c)(2)(B). Pub. L. 104-208, Sec. 308(e)(7), substituted
    "removal" for "deportation" in heading and text.
      Subsec. (c)(3)(D). Pub. L. 104-208, Sec. 308(e)(7), substituted
    "removal" for "deportation" in heading and "remove" for "deport" in
    text.
      Subsec. (c)(4)(A). Pub. L. 104-208, Sec. 308(e)(7), substituted
    "removed" for "deported".
      Subsec. (d)(1)(A)(i)(III). Pub. L. 104-208, Sec. 308(f)(1)(J),
    substituted "admission" for "entry".
      Subsec. (d)(2)(C). Pub. L. 104-208, Sec. 308(e)(7), substituted
    "removal" for "deportation" wherever appearing in heading and text.
      Subsec. (f). Pub. L. 104-208, Sec. 308(d)(4)(E), substituted
    "inadmissibility" for "exclusion".
      1994 - Subsec. (c)(4). Pub. L. 103-322 inserted after second
    sentence "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."
      1991 - Subsec. (g)(1). Pub. L. 102-232 substituted "section
    1153(d)" for "section 1153(a)(8)" in closing provisions.
      1990 - Subsec. (c)(4). Pub. L. 101-649 struck out "or" at end of
    subpar. (A), struck out "by the alien spouse for good cause" after
    "death of the spouse)" and substituted ", or" for period at end of
    subpar. (B), added subpar. (C), and inserted at end "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."
      1988 - Pub. L. 100-525, Sec. 7(a)(1), made technical amendment to
    directory language of Pub. L. 99-639, Sec. 2(a), which enacted this
    section.
      Subsec. (c)(3)(A). Pub. L. 100-525, Sec. 7(a)(2), substituted "90
    days" for "90-days".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-553 effective Dec. 21, 2000, and
    applicable to alien who is beneficiary of classification petition
    filed under section 1154 of this title before, on, or after Dec.
    21, 2000, see section 1(a)(2) [title XI, Sec. 1103(d)] of Pub. L.
    106-553, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 40702(b) of Pub. L. 103-322 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of enactment of this Act [Sept. 13, 1994] and shall apply
    to applications made before, on, or after such date."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 302(e)(8) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 162(e)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 701(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to marriages entered into before, on, or after the date of
    the enactment of this Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Marriage Fraud Amendments of 1986, Pub. L.
    99-639, see section 7(d) of Pub. L. 100-525, set out as a note
    under section 1182 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1186b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1186b. Conditional permanent resident status for certain alien
      entrepreneurs, spouses, and children

-STATUTE-
    (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 investment in the commercial enterprise was intended
        solely as a means of evading the immigration laws of the United
        States,
          (B)(i) the alien did not invest, or was not actively in the
        process of investing, the requisite capital; or
          (ii) the alien was not sustaining the actions described in
        clause (i) throughout the period of the alien's residence in
        the United States; or
          (C) the alien was otherwise not conforming to the
        requirements of section 1153(b)(5) of this title,

      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 removal proceeding
        Any alien whose permanent resident status is terminated under
      paragraph (1) may request a review of such determination in a
      proceeding to remove 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
        section 1186a of this title) as of the second anniversary of
        the alien's lawful admission for permanent residence.
        (B) Hearing in removal proceeding
          In any removal 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 (!1) 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 removal proceeding
          Any alien whose permanent resident status is terminated under
        subparagraph (C) may request a review of such determination in
        a proceeding to remove 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 the alien - 
          (A)(i) invested, or is actively in the process of investing,
        the requisite capital; and
          (ii) sustained the actions described in clause (i) throughout
        the period of the alien's residence in the United States; and
          (B) is otherwise conforming to the requirements of section
        1153(b)(5) of this title.
      (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 removal
          In the case of an alien who is the subject of removal
        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 removal 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 section
      1153(b)(5) of this title.
        (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.
        (3) The term "commercial enterprise" includes a limited
      partnership.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 216A, as added Pub.
    L. 101-649, title I, Sec. 121(b)(1), Nov. 29, 1990, 104 Stat. 4990;
    amended Pub. L. 102-232, title III, Sec. 302(b)(3), Dec. 12, 1991,
    105 Stat. 1743; Pub. L. 104-208, div. C, title III, Sec. 308(e)(8),
    Sept. 30, 1996, 110 Stat. 3009-620; Pub. L. 107-273, div. C, title
    I, Sec. 11036(b), Nov. 2, 2002, 116 Stat. 1847.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(1)(A). Pub. L. 107-273, Sec. 11036(b)(1)(A),
    substituted "investment in" for "establishment of".
      Subsec. (b)(1)(B). Pub. L. 107-273, Sec. 11036(b)(1)(B), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows:
      "(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".
      Subsec. (d)(1). Pub. L. 107-273, Sec. 11036(b)(2), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "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."
      Subsec. (f)(3). Pub. L. 107-273, Sec. 11036(b)(3), added par.
    (3).
      1996 - Subsec. (b)(2). Pub. L. 104-208 substituted "removal" for
    "deportation" in heading and "remove" for "deport" in text.
      Subsec. (c)(2)(B). Pub. L. 104-208 substituted "removal" for
    "deportation" in heading and text.
      Subsec. (c)(3)(D). Pub. L. 104-208 substituted "removal" for
    "deportation" in heading and "remove" for "deport" in text.
      Subsec. (d)(2)(C). Pub. L. 104-208 substituted "removal" for
    "deportation" wherever appearing in heading and text.
      1991 - Subsec. (c)(2)(A). Pub. L. 102-232, Sec. 302(b)(3)(A), in
    closing provisions inserted parenthetical provision relating to
    alien's spouse and children.
      Subsecs. (c)(3)(B), (d)(2)(A). Pub. L. 102-232, Sec.
    302(b)(3)(B), struck out "obtaining the status of" before "lawful
    admission".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-273 effective Nov. 2, 2002 and
    applicable to aliens having certain petitions pending under this
    section or section 1154 of this title on or after Nov. 2, 2002, see
    section 11036(c) of Pub. L. 107-273, set out as a note under
    section 1153 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1991, and applicable beginning with
    fiscal year 1992, see section 161(a) of Pub. L. 101-649, set out as
    an Effective Date of 1990 Amendment note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                           IMMIGRATION BENEFITS                       
      Pub. L. 107-273, div. C, title I, Secs. 11031-11034, Nov. 2,
    2002, 116 Stat. 1837-1846, provided that:

      "SEC. 11031. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
        STATUS FOR CERTAIN ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.
      "(a) In General. - In lieu of the provisions of section
    216A(c)(3) of the Immigration and Nationality Act (8 U.S.C.
    1186b(c)(3)), subsection (c) shall apply in the case of an eligible
    alien described in subsection (b)(1).
      "(b) Eligible Aliens Described. - 
        "(1) In general. - An alien is an eligible alien described in
      this subsection if the alien - 
          "(A) filed, under section 204(a)(1)(H) of the Immigration and
        Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
        provision), a petition to accord the alien a status under
        section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was
        approved by the Attorney General after January 1, 1995, and
        before August 31, 1998;
          "(B) pursuant to such approval, obtained the status of an
        alien entrepreneur with permanent resident status on a
        conditional basis described in section 216A of such Act (8
        U.S.C. 1186b); and
          "(C) timely filed, in accordance with section 216A(c)(1)(A)
        of such Act (8 U.S.C. 1186b(c)(1)(A)) and before the date of
        the enactment of this Act [Nov. 2, 2002], a petition requesting
        the removal of such conditional basis.
        "(2) Reopening petitions previously denied. - 
          "(A) In general. - In the case of a petition described in
        paragraph (1)(C) that was denied under section 216A(c)(3)(C) of
        the Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)(C))
        before the date of the enactment of this Act, upon a motion to
        reopen such petition filed by the eligible alien not later than
        60 days after such date, the Attorney General shall make
        determinations on such petition pursuant to subsection (c).
          "(B) Petitioners abroad. - In the case of such an eligible
        alien who is no longer physically present in the United States,
        the Attorney General shall establish a process under which the
        alien may be paroled into the United States if necessary in
        order to obtain the determinations under subsection (c), unless
        the Attorney General finds that - 
            "(i) the alien is inadmissible or deportable on any ground;
          or
            "(ii) the petition described in paragraph (1)(C) was denied
          on the ground that it contains a material misrepresentation
          in the facts and information described in section 216A(d)(1)
          of the Immigration and Nationality Act (8 U.S.C. 1186b(d)(1))
          and alleged in the petition with respect to a commercial
          enterprise.
          "(C) Deportation or removal proceedings. - In the case of
        such an eligible alien who was placed in deportation or removal
        proceedings by reason of the denial of the petition described
        in paragraph (1)(C), a motion to reopen filed under
        subparagraph (A) shall be treated as a motion to reopen such
        proceedings. The Attorney General shall grant such motion
        notwithstanding any time and number limitations imposed by law
        on motions to reopen such proceedings, except that the scope of
        any proceeding reopened on this basis shall be limited to
        whether any order of deportation or removal should be vacated,
        and the alien granted the status of an alien lawfully admitted
        for permanent residence (unconditionally or on a conditional
        basis), by reason of the determinations made under subsection
        (c). An alien who is inadmissible or deportable on any ground
        shall not be granted such status, except that this prohibition
        shall not apply to an alien who has been paroled into the
        United States under subparagraph (B).
      "(c) Determinations on Petitions. - 
        "(1) Initial determination. - 
          "(A) In general. - With respect to each eligible alien
        described in subsection (b)(1), the Attorney General shall make
        a determination, not later than 180 days after the date of the
        enactment of this Act [Nov. 2, 2002], whether - 
            "(i) the petition described in subsection (b)(1)(C)
          contains any material misrepresentation in the facts and
          information described in section 216A(d)(1) of the
          Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)) and
          alleged in the petition with respect to a commercial
          enterprise (regardless of whether such enterprise is a
          limited partnership and regardless of whether the alien
          entered the enterprise after its formation);
            "(ii) subject to subparagraphs (B) and (C), such enterprise
          created full-time jobs 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 eligible alien and the alien's
          spouse, sons, or daughters), and those jobs exist or existed
          on any of the dates described in subparagraph (D); and
            "(iii) on any of the dates described in subparagraph (D),
          the alien is in substantial compliance with the capital
          investment requirement described in section 216A(d)(1)(B) of
          the Immigration and Nationality Act (8 U.S.C.
          1186b(d)(1)(B)).
          "(B) Investment under pilot immigration program. - For
        purposes of subparagraph (A)(ii), an investment that satisfies
        the requirements of section 610(c) of the Departments of
        Commerce, Justice, and State, the Judiciary, and Related
        Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note), as in
        effect on the date of the enactment of this Act [Nov. 2, 2002],
        shall be deemed to satisfy the requirements of such
        subparagraph.
          "(C) Exception for troubled businesses. - In the case of an
        eligible alien who has made a capital investment in a troubled
        business (as defined in 8 CFR 204.6(e), as in effect on the
        date of the enactment of this Act), in lieu of the
        determination under subparagraph (A)(ii), the Attorney General
        shall determine whether the number of employees of the
        business, as measured on any of the dates described in
        subparagraph (D), is at no less than the pre-investment level.
          "(D) Dates. - The dates described in this subparagraph are
        the following:
            "(i) The date on which the petition described in subsection
          (b)(1)(C) is filed.
            "(ii) 6 months after the date described in clause (i).
            "(iii) The date on which the determination under
          subparagraph (A) or (C) is made.
          "(E) Removal of conditional basis if favorable determination.
        - If the Attorney General renders an affirmative determination
        with respect to clauses (ii) and (iii) of subparagraph (A), and
        if the Attorney General renders a negative determination with
        respect to clause (i) of such subparagraph, the Attorney
        General shall so notify the alien involved and shall remove the
        conditional basis of the alien's status (and that of the
        alien's spouse and children if it was obtained under section
        216A of the Immigration and Nationality Act (8 U.S.C. 1186b))
        effective as of the second anniversary of the alien's lawful
        admission for permanent residence.
          "(F) Requirements relating to adverse determinations. - 
            "(i) Notice. - If the Attorney General renders an adverse
          determination with respect to clause (i), (ii), or (iii) of
          subparagraph (A), the Attorney General shall so notify the
          alien involved. The notice shall be in writing and shall
          state the factual basis for any adverse determination. The
          Attorney General shall provide the alien with an opportunity
          to submit evidence to rebut any adverse determination. If the
          Attorney General reverses all adverse determinations pursuant
          to such rebuttal, the Attorney General shall so notify the
          alien involved and shall remove the conditional basis of the
          alien's status (and that of the alien's spouse and children
          if it was obtained under section 216A of the Immigration and
          Nationality Act (8 U.S.C. 1186b)) effective as of the second
          anniversary of the alien's lawful admission for permanent
          residence.
            "(ii) Continuation of conditional basis if certain adverse
          determinations. - If the Attorney General renders an adverse
          determination with respect to clause (ii) or (iii) of
          subparagraph (A), and the eligible alien's rebuttal does not
          cause the Attorney General to reverse such determination, the
          Attorney General shall continue the conditional basis of the
          alien's permanent resident status (and that of the alien's
          spouse and children if it was obtained under section 216A of
          the Immigration and Nationality Act (8 U.S.C. 1186b)) for a 2-
          year period.
            "(iii) Termination if adverse determination. - If the
          Attorney General renders an adverse determination with
          respect to subparagraph (A)(i), and the eligible alien's
          rebuttal does not cause the Attorney General to reverse such
          determination, the Attorney General shall so notify the alien
          involved and, subject to subsection (d), shall terminate the
          permanent resident status of the alien (and that of the
          alien's spouse and children if it was obtained on a
          conditional basis under section 216A of the Immigration and
          Nationality Act (8 U.S.C. 1186b)).
            "(iv) Administrative and judicial review. - An alien may
          seek administrative review of an adverse determination made
          under subparagraph (A) by filing a petition for such review
          with the Board of Immigration Appeals. If the Board of
          Immigration Appeals denies the petition, the alien may seek
          judicial review. The procedures for judicial review under
          this clause shall be the same as the procedures for judicial
          review of a final order of removal under section 242(a)(1) of
          the Immigration and Nationality Act (8 U.S.C. 1252(a)(1)).
          During the period in which an administrative or judicial
          appeal under this clause is pending, the Attorney General
          shall continue the conditional basis of the alien's permanent
          resident status (and that of the alien's spouse and children
          if it was obtained under section 216A of the Immigration and
          Nationality Act (8 U.S.C. 1186b)).
        "(2) Second determination. - 
          "(A) Authorization to consider investments in other
        commercial enterprises. - In determining under this paragraph
        whether to remove a conditional basis continued under paragraph
        (1)(F)(ii) with respect to an alien, the Attorney General shall
        consider any capital investment made by the alien in a
        commercial enterprise (regardless of whether such enterprise is
        a limited partnership and regardless of whether the alien
        entered the enterprise after its formation), in the United
        States, regardless of whether that investment was made before
        or after the determinations under paragraph (1) and regardless
        of whether the commercial enterprise is the same as that
        considered in the determinations under such paragraph, if facts
        and information with respect to the investment and the
        enterprise are included in the petition submitted under
        subparagraph (B).
          "(B) Petition. - In order for a conditional basis continued
        under paragraph (1)(F)(ii) for an eligible alien (and the
        alien's spouse and children) to be removed, the alien must
        submit to the Attorney General, during the period described in
        subparagraph (C), a petition which requests the removal of such
        conditional basis and which states, under penalty of perjury,
        the facts and information described in subparagraphs (A) and
        (B) of section 216A(d)(1) of the Immigration and Nationality
        Act (8 U.S.C. 1186b(d)(1)) with respect to any commercial
        enterprise (regardless of whether such enterprise is a limited
        partnership and regardless of whether the alien entered the
        enterprise after its formation) which the alien desires to have
        considered under this paragraph, regardless of whether such
        enterprise was created before or after the determinations made
        under paragraph (1).
          "(C) Period for filing petition. - 
            "(i) 90-day period before second anniversary. - Except as
          provided in clause (ii), the petition under subparagraph (B)
          must be filed during the 90-day period before the second
          anniversary of the continuation, under paragraph (1)(F)(ii),
          of the conditional basis of the alien's lawful admission for
          permanent residence.
            "(ii) 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 clause (i).
          "(D) Termination of permanent resident status for failure to
        file petition. - 
            "(i) In general. - In the case of an alien with permanent
          resident status on a conditional basis under paragraph
          (1)(F)(ii), if no petition is filed with respect to the alien
          in accordance with subparagraph (B), 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 section 216A of the Immigration and
          Nationality Act (8 U.S.C. 1186b)) as of the second
          anniversary of the continuation, under paragraph (1)(F)(ii),
          of the conditional basis of the alien's lawful admission for
          permanent residence.
            "(ii) Hearing in removal proceeding. - In any removal
          proceeding with respect to an alien whose permanent resident
          status is terminated under clause (i), the burden of proof
          shall be on the alien to establish compliance with
          subparagraph (B).
          "(E) Determinations after petition. - If a petition is filed
        by an eligible alien in accordance with subparagraph (B), the
        Attorney General shall make a determination, within 90 days of
        the date of such filing, whether - 
            "(i) the petition contains any material misrepresentation
          in the facts and information alleged in the petition with
          respect to the commercial enterprises included in such
          petition;
            "(ii) all such enterprises, considered together, created
          full-time jobs 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 eligible alien and the alien's spouse,
          sons, or daughters), and those jobs exist on the date on
          which the determination is made, except that - 
         "(I) this clause shall apply only if the Attorney General made
          an adverse determination with respect to the eligible alien
          under paragraph (1)(A)(ii);
         "(II) the provisions of subparagraphs (B) and (C) of paragraph
          (1) shall apply to a determination under this clause in the
          same manner as they apply to a determination under paragraph
          (1)(A)(ii); and
         "(III) if the Attorney General determined under paragraph
          (1)(A)(ii) that any jobs satisfying the requirement of such
          paragraph were created, the number of those jobs shall be
          subtracted from the number of jobs otherwise needed to
          satisfy the requirement of this clause; and
            "(iii) considering all such enterprises together, on the
          date on which the determination is made, the eligible alien
          is in substantial compliance with the capital investment
          requirement described in section 216A(d)(1)(B) of the
          Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)),
          except that - 
         "(I) this clause shall apply only if the Attorney General made
          an adverse determination with respect to the eligible alien
          under paragraph (1)(A)(iii); and
         "(II) if the Attorney General determined under paragraph
          (1)(A)(iii) that any capital amount was invested that could
          be credited towards compliance with the capital investment
          requirement described in section 216A(d)(1)(B) of the
          Immigration and Nationality Act (8 U.S.C. 1186b(d)(1)(B)),
          such amount shall be subtracted from the amount of capital
          otherwise needed to satisfy the requirement of this clause.
          "(F) Removal of conditional basis if favorable determination.
        - If the Attorney General renders an affirmative determination
        with respect to clauses (ii) and (iii) of subparagraph (E), and
        if the Attorney General renders a negative determination with
        respect to clause (i) of such subparagraph, the Attorney
        General shall so notify the alien involved and shall remove the
        conditional basis of the alien's status (and that of the
        alien's spouse and children if it was obtained under section
        216A of the Immigration and Nationality Act (8 U.S.C. 1186b))
        effective as of the second anniversary of the continuation,
        under paragraph (1)(F)(ii), of the conditional basis of the
        alien's lawful admission for permanent residence.
          "(G) Requirements relating to adverse determinations. - 
            "(i) Notice. - If the Attorney General renders an adverse
          determination under subparagraph (E), the Attorney General
          shall so notify the alien involved. The notice shall be in
          writing and shall state the factual basis for any adverse
          determination. The Attorney General shall provide the alien
          with an opportunity to submit evidence to rebut any adverse
          determination. If the Attorney General reverses all adverse
          determinations pursuant to such rebuttal, the Attorney
          General shall so notify the alien involved and shall remove
          the conditional basis of the alien's status (and that of the
          alien's spouse and children if it was obtained under section
          216A of the Immigration and Nationality Act (8 U.S.C. 1186b))
          effective as of the second anniversary of the continuation,
          under paragraph (1)(F)(ii), of the conditional basis of the
          alien's lawful admission for permanent residence.
            "(ii) Termination if adverse determination. - If the
          eligible alien's rebuttal does not cause the Attorney General
          to reverse each adverse determination under subparagraph (E),
          the Attorney General shall so notify the alien involved and,
          subject to subsection (d), shall terminate the permanent
          resident status of the alien (and that of the alien's spouse
          and children if it was obtained on a conditional basis under
          section 216A of the Immigration and Nationality Act (8 U.S.C.
          1186b)).
      "(d) Hearing in Removal Proceeding. - Any alien whose permanent
    resident status is terminated under paragraph (1)(F)(iii) or
    (2)(G)(ii) of subsection (c) may request a review of such
    determination in a proceeding to remove the alien. In such
    proceeding, the burden of proof shall be on the Attorney General.
      "(e) Clarification With Respect to Children. - In the case of an
    alien who obtained the status of an alien lawfully admitted for
    permanent residence on a conditional basis before the date of the
    enactment of this Act [Nov. 2, 2002] by virtue of being the child
    of an eligible alien described in subsection (b)(1), the alien
    shall be considered to be a child for purposes of this section
    regardless of any change in age or marital status after obtaining
    such status.
      "(f) Definition of Full-Time. - For purposes of this section, the
    term 'full-time' means a position that requires at least 35 hours
    of service per week at any time, regardless of who fills the
    position.

      "SEC. 11032. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
        ALIEN ENTREPRENEURS, SPOUSES, AND CHILDREN.
      "(a) In General. - With respect to each eligible alien described
    in subsection (b), the Attorney General or the Secretary of State
    shall approve the application described in subsection (b)(2) and
    grant the alien (and any spouse or child of the alien, if the
    spouse or child is eligible to receive a visa under section 203(d)
    of the Immigration and Nationality Act (8 U.S.C. 1153(d))) the
    status of an alien lawfully admitted for permanent residence on a
    conditional basis under section 216A of such Act (8 U.S.C. 1186b).
    Such application shall be approved not later than 180 days after
    the date of the enactment of this Act [Nov. 2, 2002].
      "(b) Eligible Aliens Described. - An alien is an eligible alien
    described in this subsection if the alien - 
        "(1) filed, under section 204(a)(1)(H) of the Immigration and
      Nationality Act (8 U.S.C. 1154(a)(1)(H)) (or any predecessor
      provision), a petition to accord the alien a status under section
      203(b)(5) of such Act (8 U.S.C. 1153(b)(5)) that was approved by
      the Attorney General after January 1, 1995, and before August 31,
      1998;
        "(2) pursuant to such approval, timely filed before the date of
      the enactment of this Act [Nov. 2, 2002] an application for
      adjustment of status under section 245 of such Act (8 U.S.C.
      1255) or an application for an immigrant visa under section
      203(b)(5) of such Act (8 U.S.C. 1153(b)(5)); and
        "(3) is not inadmissible or deportable on any ground.
      "(c) Treatment of Certain Applications. - 
        "(1) Revocation of approval of petitions. - If the Attorney
      General revoked the approval of a petition described in
      subsection (b)(1), such revocation shall be disregarded for
      purposes of this section if it was based on a determination that
      the alien failed to satisfy section 203(b)(5)(A)(ii) of the
      Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii)).
        "(2) Applications no longer pending. - 
          "(A) In general. - If an application described in subsection
        (b)(2) is not pending on the date of the enactment of this Act
        [Nov. 2, 2002], the Attorney General shall disregard the
        circumstances leading to such lack of pendency and treat it as
        reopened, if such lack of pendency is due to a determination
        that the alien - 
            "(i) failed to satisfy section 203(b)(5)(A)(ii) of the
          Immigration and Nationality Act (8 U.S.C. 1153(b)(5)(A)(ii));
          or
            "(ii) departed the United States without advance parole.
          "(B) Applicants abroad. - In the case of an eligible alien
        who filed an application for adjustment of status described in
        subsection (b)(2), but who is no longer physically present in
        the United States, the Attorney General shall establish a
        process under which the alien may be paroled into the United
        States if necessary in order to obtain adjustment of status
        under this section.
      "(d) Recordation of Date; Reduction of Numbers. - Upon the
    approval of an application under subsection (a), the Attorney
    General shall record the alien's lawful admission for permanent
    residence on a conditional basis 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 sections 201(d) and 203(b)(5) of the
    Immigration and Nationality Act (8 U.S.C. 1151(d) and 1153(b)(5))
    for the fiscal year then current.
      "(e) Removal of Conditional Basis. - 
        "(1) Petition. - In order for a conditional basis established
      under this section for an alien (and the alien's spouse and
      children) to be removed, the alien must satisfy the requirements
      of section 216A(c)(1) of the Immigration and Nationality Act (8
      U.S.C. 1186b(c)(1)), including the submission of a petition in
      accordance with subparagraph (A) of such section. Such petition
      may include the facts and information described in subparagraphs
      (A) and (B) of section 216A(d)(1) of the Immigration and
      Nationality Act (8 U.S.C. 1186b(d)(1)) with respect to any
      commercial enterprise (regardless of whether such enterprise is a
      limited partnership and regardless of whether the alien entered
      the enterprise after its formation) in the United States in which
      the alien has made a capital investment at any time.
        "(2) Determination. - In carrying out section 216A(c)(3) of the
      Immigration and Nationality Act (8 U.S.C. 1186b(c)(3)) with
      respect to an alien described in paragraph (1), the Attorney
      General, in lieu of the determination described in such section
      216A(c)(3), shall make a determination, within 90 days of the
      date of such filing, whether - 
          "(A) the petition described in paragraph (1) contains any
        material misrepresentation in the facts and information alleged
        in the petition with respect to the commercial enterprises
        included in the petition;
          "(B) subject to subparagraphs (B) and (C) of section
        11031(c)(1), all such enterprises, considered together, created
        full-time jobs 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 alien and the alien's spouse, sons, or
        daughters), and those jobs exist or existed on either of the
        dates described in paragraph (3); and
          "(C) considering the alien's investments in such enterprises
        on either of the dates described in paragraph (3), or on both
        such dates, the alien is or was in substantial compliance with
        the capital investment requirement described in section
        216A(d)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
        1186b(d)(1)(B)).
        "(3) Dates. - The dates described in this paragraph are the
      following:
          "(A) The date on which the application described in
        subsection (b)(2) was filed.
          "(B) The date on which the determination under paragraph (2)
        is made.
      "(f) Clarification With Respect to Children. - In the case of an
    alien who was a child on the date on which the application
    described in subsection (b)(2) was filed, the alien shall be
    considered to be a child for purposes of this section regardless of
    any change in age or marital status after such date.

      "SEC. 11033. REGULATIONS.
      "The Immigration and Naturalization Service shall promulgate
    regulations to implement this chapter [chapter 1 (Secs. 11031-
    11034) of subtitle B of title I of div. C of Pub. L. 107-273,
    enacting this note] not later than 120 days after the date of
    enactment of this Act [Nov. 2, 2002]. Until such regulations are
    promulgated, the Attorney General shall not deny a petition filed
    or pending under section 216A(c)(1)(A) of the Immigration and
    Nationality Act (8 U.S.C. 1186b(c)(1)(A)) that relates to an
    eligible alien described in section 11031, or on an application
    filed or pending under section 245 of such Act (8 U.S.C. 1255) that
    relates to an eligible alien described in section 11032. Until such
    regulations are promulgated, the Attorney General shall not
    initiate or proceed with removal proceedings under section 240 of
    the Immigration and Nationality Act (8 U.S.C. 1229a) that relate to
    an eligible alien described in section 11031 or 11032.

      "SEC. 11034. DEFINITIONS.
      "Except as otherwise provided, the terms used in this chapter
    shall have the meaning given such terms in section 101(b) of the
    Immigration and Nationality Act (8 U.S.C. 1101(b))."

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    8 USC Sec. 1187                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1187. Visa waiver program for certain visitors

-STATUTE-
    (a) Establishment of program
      The Attorney General and the Secretary of State are authorized to
    establish a program (hereinafter in this section referred to as the
    "program") under which the requirement of paragraph (7)(B)(i)(II)
    of section 1182(a) of this title may be waived by the Attorney
    General, in consultation with the Secretary of State and in
    accordance with this section, in the case of an alien who meets the
    following requirements:
      (1) Seeking entry as tourist for 90 days or less
        The alien is applying for admission during the program as a
      nonimmigrant visitor (described in section 1101(a)(15)(B) of this
      title) for a period not exceeding 90 days.
      (2) National of program country
        The alien is a national of, and presents a passport issued by,
      a country which - 
          (A) extends (or agrees to extend), either on its own or in
        conjunction with one or more other countries that are described
        in subparagraph (B) and that have established with it a common
        area for immigration admissions, 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.
      (3) Machine readable passport
        (A) In general
          Except as provided in subparagraph (B), on or after October
        1, 2003, the alien at the time of application for admission is
        in possession of a valid unexpired machine-readable passport
        that satisfies the internationally accepted standard for
        machine readability.
        (B) Limited waiver authority
          For the period beginning October 1, 2003, and ending
        September 30, 2007, the Secretary of State may waive the
        requirement of subparagraph (A) with respect to nationals of a
        program country (as designated under subsection (c) of this
        section), if the Secretary of State finds that the program
        country - 
            (i) is making progress toward ensuring that passports
          meeting the requirement of subparagraph (A) are generally
          available to its nationals; and
            (ii) has taken appropriate measures to protect against
          misuse of passports the country has issued that do not meet
          the requirement of subparagraph (A).
      (4) Executes immigration forms
        The alien before the time of such admission completes such
      immigration form as the Attorney General shall establish.
      (5) 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, including any carrier
      conducting operations under part 135 of title 14, Code of Federal
      Regulations, or a noncommercial aircraft that is owned or
      operated by a domestic corporation conducting operations under
      part 91 of title 14, Code of Federal Regulations (!1) which has
      entered into an agreement with the Attorney General pursuant to
      subsection (e) of this section. The Attorney General is
      authorized to require a carrier conducting operations under part
      135 of title 14, Code of Federal Regulations, or a domestic
      corporation conducting operations under part 91 of that title, to
      give suitable and proper bond, in such reasonable amount and
      containing such conditions as the Attorney General may deem
      sufficient to ensure compliance with the indemnification
      requirements of this section, as a term of such an agreement.

      (6) 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.
      (7) 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.
      (8) 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 or the alien is arriving at the port of entry
      on an aircraft operated under part 135 of title 14, Code of
      Federal Regulations, or a noncommercial aircraft that is owned or
      operated by a domestic corporation conducting operations under
      part 91 of title 14, Code of Federal Regulations).
      (9) Automated system check
        The identity of the alien has been checked using an automated
      electronic database containing information about the
      inadmissibility of aliens to uncover any grounds on which the
      alien may be inadmissible to the United States, and no such
      ground has been found.

    Operators of aircraft under part 135 of title 14, Code of Federal
    Regulations, or operators of noncommercial aircraft that are owned
    or operated by a domestic corporation conducting operations under
    part 91 of title 14, Code of Federal Regulations, carrying any
    alien passenger who will apply for admission under this section
    shall furnish such information as the Attorney General by
    regulation shall prescribe as necessary for the identification of
    any alien passenger being transported and for the enforcement of
    the immigration laws. Such information shall be electronically
    transmitted not less than one hour prior to arrival at the port of
    entry for purposes of checking for inadmissibility using the
    automated electronic database.
    (b) Waiver of rights
      An alien may not be provided a waiver under the 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 removal of the alien.
    (c) Designation of program countries
      (1) In general
        The Attorney General, in consultation with the Secretary of
      State, may designate any country as a program country if it meets
      the requirements of paragraph (2).
      (2) Qualifications
        Except as provided in subsection (f) of this section, a country
      may not be designated as a program country unless the following
      requirements are met:
        (A) Low nonimmigrant visa refusal rate
          Either - 
            (i) the average number of refusals of nonimmigrant visitor
          visas for nationals of that country during - 
              (I) 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; and
              (II) 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; or

            (ii) such refusal rate for nationals of that country during
          the previous full fiscal year was less than 3.0 percent.
        (B) Machine readable passport program
          (i) In general
            Subject to clause (ii), the government of the country
          certifies that it issues to its citizens machine-readable
          passports that satisfy the internationally accepted standard
          for machine readability.
          (ii) Deadline for compliance for certain countries
            In the case of a country designated as a program country
          under this subsection prior to May 1, 2000, as a condition on
          the continuation of that designation, the country - 
              (I) shall certify, not later than October 1, 2000, that
            it has a program to issue machine-readable passports to its
            citizens not later than October 1, 2003; and
              (II) shall satisfy the requirement of clause (i) not
            later than October 1, 2003.
        (C) Law enforcement and security interests
          The Attorney General, in consultation with the Secretary of
        State - 
            (i) evaluates the effect that the country's designation
          would have on the law enforcement and security interests of
          the United States (including the interest in enforcement of
          the immigration laws of the United States and the existence
          and effectiveness of its agreements and procedures for
          extraditing to the United States individuals, including its
          own nationals, who commit crimes that violate United States
          law);
            (ii) determines that such interests would not be
          compromised by the designation of the country; and
            (iii) submits a written report to the Committee on the
          Judiciary and the Committee on International Relations of the
          House of Representatives and the Committee on the Judiciary
          and the Committee on Foreign Relations of the Senate
          regarding the country's qualification for designation that
          includes an explanation of such determination.
        (D) Reporting passport thefts
          The government of the country certifies that it reports to
        the United States Government on a timely basis the theft of
        blank passports issued by that country.
      (3) Continuing and subsequent qualifications
        For each fiscal year after the initial period - 
        (A) Continuing qualification
          In the case of a country which was a program country in the
        previous fiscal year, a country may not be designated as a
        program country unless the sum of - 
            (i) the total of the number of nationals of that country
          who were denied admission at the time of arrival 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 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.
      (5) Written reports on continuing qualification; designation
        terminations
        (A) Periodic evaluations
          (i) In general
            The Attorney General, in consultation with the Secretary of
          State, periodically (but not less than once every 2 years) - 
              (I) shall evaluate the effect of each program country's
            continued designation on the law enforcement and security
            interests of the United States (including the interest in
            enforcement of the immigration laws of the United States
            and the existence and effectiveness of its agreements and
            procedures for extraditing to the United States
            individuals, including its own nationals, who commit crimes
            that violate United States law);
              (II) shall determine, based upon the evaluation in
            subclause (I), whether any such designation ought to be
            continued or terminated under subsection (d) of this
            section; and
              (III) shall submit a written report to the Committee on
            the Judiciary and the Committee on International Relations
            of the House of Representatives and the Committee on the
            Judiciary and the Committee on Foreign Relations of the
            Senate regarding the continuation or termination of the
            country's designation that includes an explanation of such
            determination and the effects described in subclause (I).
          (ii) Effective date
            A termination of the designation of a country under this
          subparagraph shall take effect on the date determined by the
          Attorney General, in consultation with the Secretary of
          State.
          (iii) Redesignation
            In the case of a termination under this subparagraph, the
          Attorney General shall redesignate the country as a program
          country, without regard to subsection (f) of this section or
          paragraph (2) or (3), when the Attorney General, in
          consultation with the Secretary of State, determines that all
          causes of the termination have been eliminated.
        (B) Emergency termination
          (i) In general
            In the case of a program country in which an emergency
          occurs that the Attorney General, in consultation with the
          Secretary of State, determines threatens the law enforcement
          or security interests of the United States (including the
          interest in enforcement of the immigration laws of the United
          States), the Attorney General shall immediately terminate the
          designation of the country as a program country.
          (ii) Definition
            For purposes of clause (i), the term "emergency" means - 
              (I) the overthrow of a democratically elected government;
              (II) war (including undeclared war, civil war, or other
            military activity) on the territory of the program country;
              (III) a severe breakdown in law and order affecting a
            significant portion of the program country's territory;
              (IV) a severe economic collapse in the program country;
            or
              (V) any other extraordinary event in the program country
            that threatens the law enforcement or security interests of
            the United States (including the interest in enforcement of
            the immigration laws of the United States) and where the
            country's participation in the program could contribute to
            that threat.
          (iii) Redesignation
            The Attorney General may redesignate the country as a
          program country, without regard to subsection (f) of this
          section or paragraph (2) or (3), when the Attorney General,
          in consultation with the Secretary of State, determines that -
           
              (I) at least 6 months have elapsed since the effective
            date of the termination;
              (II) the emergency that caused the termination has ended;
            and
              (III) the average number of refusals of nonimmigrant
            visitor visas for nationals of that country during the
            period of termination under this subparagraph was less than
            3.0 percent of the total number of nonimmigrant visitor
            visas for nationals of that country which were granted or
            refused during such period.
        (C) Treatment of nationals after termination
          For purposes of this paragraph - 
            (i) nationals of a country whose designation is terminated
          under subparagraph (A) or (B) shall remain eligible for a
          waiver under subsection (a) of this section until the
          effective date of such termination; and
            (ii) a waiver under this section that is provided to such a
          national for a period described in subsection (a)(1) of this
          section shall not, by such termination, be deemed to have
          been rescinded or otherwise rendered invalid, if the waiver
          is granted prior to such termination.
      (6) Computation of visa refusal rates
        For purposes of determining the eligibility of a country to be
      designated as a program country, the calculation of visa refusal
      rates shall not include any visa refusals which incorporate any
      procedures based on, or are otherwise based on, race, sex, or
      disability, unless otherwise specifically authorized by law or
      regulation. No court shall have jurisdiction under this paragraph
      to review any visa refusal, the denial of admission to the United
      States of any alien by the Attorney General, the Secretary's
      computation of the visa refusal rate, or the designation or
      nondesignation of any country.
      (7) Visa waiver information
        (A) In general
          In refusing the application of nationals of a program country
        for United States visas, or the applications of nationals of a
        country seeking entry into the visa waiver program, a consular
        officer shall not knowingly or intentionally classify the
        refusal of the visa under a category that is not included in
        the calculation of the visa refusal rate only so that the
        percentage of that country's visa refusals is less than the
        percentage limitation applicable to qualification for
        participation in the visa waiver program.
        (B) Reporting requirement
          On May 1 of each year, for each country under consideration
        for inclusion in the visa waiver program, the Secretary of
        State shall provide to the appropriate congressional committees
        - 
            (i) the total number of nationals of that country that
          applied for United States visas in that country during the
          previous calendar year;
            (ii) the total number of such nationals who received United
          States visas during the previous calendar year;
            (iii) the total number of such nationals who were refused
          United States visas during the previous calendar year;
            (iv) the total number of such nationals who were refused
          United States visas during the previous calendar year under
          each provision of this chapter under which the visas were
          refused; and
            (v) the number of such nationals that were refused under
          section 1184(b) of this title as a percentage of the visas
          that were issued to such nationals.
        (C) Certification
          Not later than May 1 of each year, the United States chief of
        mission, acting or permanent, to each country under
        consideration for inclusion in the visa waiver program shall
        certify to the appropriate congressional committees that the
        information described in subparagraph (B) is accurate and
        provide a copy of that certification to those committees.
        (D) Consideration of countries in the visa waiver program
          Upon notification to the Attorney General that a country is
        under consideration for inclusion in the visa waiver program,
        the Secretary of State shall provide all of the information
        described in subparagraph (B) to the Attorney General.
        (E) Definition
          In this paragraph, the term "appropriate congressional
        committees" means the Committee on the Judiciary and the
        Committee on Foreign Relations of the Senate and the Committee
        on the Judiciary and the Committee on International Relations
        of the House of Representatives.
    (d) Authority
      Notwithstanding any other provision of this section, the Attorney
    General, in consultation with the Secretary of State, 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 (including any carrier
      conducting operations under part 135 of title 14, Code of Federal
      Regulations) or a domestic corporation conducting operations
      under part 91 of that title and the Attorney General under which
      the carrier (including any carrier conducting operations under
      part 135 of title 14, Code of Federal Regulations) or a domestic
      corporation conducting operations under part 91 of that title
      agrees, in consideration of the waiver of the visa requirement
      with respect to a nonimmigrant visitor under the 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 program,
          (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, and
          (D) to collect, provide, and share passenger data as required
        under subsection (h)(1)(B) of this section.
      (2) Termination of agreements
        The Attorney General may terminate an agreement under paragraph
      (1) with five days' notice to the carrier (including any carrier
      conducting operations under part 135 of title 14, Code of Federal
      Regulations) or a domestic corporation conducting operations
      under part 91 of that title for the failure by a carrier
      (including any carrier conducting operations under part 135 of
      title 14, Code of Federal Regulations) or a domestic corporation
      conducting operations under part 91 of that title to meet the
      terms of such agreement.
      (3) Business aircraft requirements
        (A) In general
          For purposes of this section, a domestic corporation
        conducting operations under part 91 of title 14, Code of
        Federal Regulations (!2) that owns or operates a noncommercial
        aircraft is a corporation that is organized under the laws of
        any of the States of the United States or the District of
        Columbia and is accredited by or a member of a national
        organization that sets business aviation standards. The
        Attorney General shall prescribe by regulation the provision of
        such information as the Attorney General deems necessary to
        identify the domestic corporation, its officers, employees,
        shareholders, its place of business, and its business
        activities.

        (B) Collections
          In addition to any other fee authorized by law, the Attorney
        General is authorized to charge and collect, on a periodic
        basis, an amount from each domestic corporation conducting
        operations under part 91 of title 14, Code of Federal
        Regulations, for nonimmigrant visa waiver admissions on
        noncommercial aircraft owned or operated by such domestic
        corporation equal to the total amount of fees assessed for
        issuance of nonimmigrant visa waiver arrival/departure forms at
        land border ports of entry. All fees collected under this
        paragraph shall be deposited into the Immigration User Fee
        Account established under section 1356(h) of this title.
    (f) Duration and termination of designation
      (1) In general
        (A) Determination and notification of disqualification rate
          Upon determination by the Attorney General that a program
        country's disqualification rate is 2 percent or more, the
        Attorney General shall notify the Secretary of State.
        (B) Probationary status
          If the program country's disqualification rate is greater
        than 2 percent but less than 3.5 percent, the Attorney General
        shall place the program country in probationary status for a
        period not to exceed 2 full fiscal years following the year in
        which the determination under subparagraph (A) is made.
        (C) Termination of designation
          Subject to paragraph (3), if the program country's
        disqualification rate is 3.5 percent or more, the Attorney
        General shall terminate the country's designation as a program
        country effective at the beginning of the second fiscal year
        following the fiscal year in which the determination under
        subparagraph (A) is made.
      (2) Termination of probationary status
        (A) In general
          If the Attorney General determines at the end of the
        probationary period described in paragraph (1)(B) that the
        program country placed in probationary status under such
        paragraph has failed to develop a machine-readable passport
        program as required by section (!3) (c)(2)(C) of this section,
        or has a disqualification rate of 2 percent or more, the
        Attorney General shall terminate the designation of the country
        as a program country. If the Attorney General determines that
        the program country has developed a machine-readable passport
        program and has a disqualification rate of less than 2 percent,
        the Attorney General shall redesignate the country as a program
        country.

        (B) Effective date
          A termination of the designation of a country under
        subparagraph (A) shall take effect on the first day of the
        first fiscal year following the fiscal year in which the
        determination under such subparagraph is made. Until such date,
        nationals of the country shall remain eligible for a waiver
        under subsection (a) of this section.
      (3) Nonapplicability of certain provisions
        Paragraph (1)(C) shall not apply unless the total number of
      nationals of a program country described in paragraph (4)(A)
      exceeds 100.
      (4) "Disqualification rate" defined
        For purposes of this subsection, the term "disqualification
      rate" means the percentage which - 
          (A) the total number of nationals of the program country who
        were - 
            (i) denied admission at the time of arrival or withdrew
          their application for admission during the most recent fiscal
          year for which data are available; and
            (ii) admitted as nonimmigrant visitors during such fiscal
          year and who violated the terms of such admission; bears to

          (B) the total number of nationals of such country who applied
        for admission as nonimmigrant visitors during such fiscal year.
      (5) Failure to report passport thefts
        If the Attorney General and the Secretary of State jointly
      determine that the program country is not reporting the theft of
      blank passports, as required by subsection (c)(2)(D) of this
      section, the Attorney General shall terminate the designation of
      the country as a program country.
    (g) Visa application sole method to dispute denial of waiver based
      on a ground of inadmissibility
      In the case of an alien denied a waiver under the program by
    reason of a ground of inadmissibility described in section 1182(a)
    of this title that is discovered at the time of the alien's
    application for the waiver or through the use of an automated
    electronic database required under subsection (a)(9) of this
    section, the alien may apply for a visa at an appropriate consular
    office outside the United States. There shall be no other means of
    administrative or judicial review of such a denial, and no court or
    person otherwise shall have jurisdiction to consider any claim
    attacking the validity of such a denial.
    (h) Use of information technology systems
      (1) Automated entry-exit control system
        (A) System
          Not later than October 1, 2001, the Attorney General shall
        develop and implement a fully automated entry and exit control
        system that will collect a record of arrival and departure for
        every alien who arrives and departs by sea or air at a port of
        entry into the United States and is provided a waiver under the
        program.
        (B) Requirements
          The system under subparagraph (A) shall satisfy the following
        requirements:
          (i) Data collection by carriers
            Not later than October 1, 2001, the records of arrival and
          departure described in subparagraph (A) shall be based, to
          the maximum extent practicable, on passenger data collected
          and electronically transmitted to the automated entry and
          exit control system by each carrier that has an agreement
          under subsection (a)(4) of this section.
          (ii) Data provision by carriers
            Not later than October 1, 2002, no waiver may be provided
          under this section to an alien arriving by sea or air at a
          port of entry into the United States on a carrier unless the
          carrier is electronically transmitting to the automated entry
          and exit control system passenger data determined by the
          Attorney General to be sufficient to permit the Attorney
          General to carry out this paragraph.
          (iii) Calculation
            The system shall contain sufficient data to permit the
          Attorney General to calculate, for each program country and
          each fiscal year, the portion of nationals of that country
          who are described in subparagraph (A) and for whom no record
          of departure exists, expressed as a percentage of the total
          number of such nationals who are so described.
        (C) Reporting
          (i) Percentage of nationals lacking departure record
            As part of the annual report required to be submitted under
          section 1365a(e)(1) of this title, the Attorney General shall
          include a section containing the calculation described in
          subparagraph (B)(iii) for each program country for the
          previous fiscal year, together with an analysis of that
          information.
          (ii) System effectiveness
            Not later than December 31, 2004, the Attorney General
          shall submit a written report to the Committee on the
          Judiciary of the United States House of Representatives and
          of the Senate containing the following:
              (I) The conclusions of the Attorney General regarding the
            effectiveness of the automated entry and exit control
            system to be developed and implemented under this
            paragraph.
              (II) The recommendations of the Attorney General
            regarding the use of the calculation described in
            subparagraph (B)(iii) as a basis for evaluating whether to
            terminate or continue the designation of a country as a
            program country.

          The report required by this clause may be combined with the
          annual report required to be submitted on that date under
          section 1365a(e)(1) of this title.
      (2) Automated data sharing system
        (A) System
          The Attorney General and the Secretary of State shall develop
        and implement an automated data sharing system that will permit
        them to share data in electronic form from their respective
        records systems regarding the admissibility of aliens who are
        nationals of a program country.
        (B) Requirements
          The system under subparagraph (A) shall satisfy the following
        requirements:
          (i) Supplying information to immigration officers conducting
            inspections at ports of entry
            Not later than October 1, 2002, the system shall enable
          immigration officers conducting inspections at ports of entry
          under section 1225 of this title to obtain from the system,
          with respect to aliens seeking a waiver under the program - 
              (I) any photograph of the alien that may be contained in
            the records of the Department of State or the Service; and
              (II) information on whether the alien has ever been
            determined to be ineligible to receive a visa or ineligible
            to be admitted to the United States.
          (ii) Supplying photographs of inadmissible aliens
            The system shall permit the Attorney General electronically
          to obtain any photograph contained in the records of the
          Secretary of State pertaining to an alien who is a national
          of a program country and has been determined to be ineligible
          to receive a visa.
          (iii) Maintaining records on applications for admission
            The system shall maintain, for a minimum of 10 years,
          information about each application for admission made by an
          alien seeking a waiver under the program, including the
          following:
              (I) The name or Service identification number of each
            immigration officer conducting the inspection of the alien
            at the port of entry.
              (II) Any information described in clause (i) that is
            obtained from the system by any such officer.
              (III) The results of the application.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 217, as added Pub.
    L. 99-603, title III, Sec. 313(a), Nov. 6, 1986, 100 Stat. 3435;
    amended Pub. L. 100-525, Sec. 2(p)(1), (2), Oct. 24, 1988, 102
    Stat. 2613; Pub. L. 101-649, title II, Sec. 201(a), Nov. 29, 1990,
    104 Stat. 5012; Pub. L. 102-232, title III, Secs. 303(a)(1), (2),
    307(l)(3), Dec. 12, 1991, 105 Stat. 1746, 1756; Pub. L. 103-415,
    Sec. 1(m), Oct. 25, 1994, 108 Stat. 4301; Pub. L. 103-416, title
    II, Secs. 210, 211, Oct. 25, 1994, 108 Stat. 4312, 4313; Pub. L.
    104-208, div. C, title III, Sec. 308(d)(4)(F), (e)(9), title VI,
    Sec. 635(a)-(c)(1), (3), Sept. 30, 1996, 110 Stat. 3009-618, 3009-
    620, 3009-702, 3009-703; Pub. L. 105-119, title I, Sec. 125, Nov.
    26, 1997, 111 Stat. 2471; Pub. L. 105-173, Secs. 1, 3, Apr. 27,
    1998, 112 Stat. 56; Pub. L. 106-396, title I, Sec. 101(a), title
    II, Secs. 201-207, title IV, Sec. 403(a)-(d), Oct. 30, 2000, 114
    Stat. 1637-1644, 1647, 1648; Pub. L. 107-56, title IV, Sec. 417(c),
    (d), Oct. 26, 2001, 115 Stat. 355; Pub. L. 107-173, title III, Sec.
    307(a), May 14, 2002, 116 Stat. 556.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(2)(D). Pub. L. 107-173, Sec. 307(a)(1), added
    subpar. (D).
      Subsec. (c)(5)(A)(i). Pub. L. 107-173, Sec. 307(a)(2),
    substituted "2 years" for "5 years" in introductory provisions.
      Subsec. (f)(5). Pub. L. 107-173, Sec. 307(a)(3), added par. (5).
      2001 - Subsec. (a)(3). Pub. L. 107-56, Sec. 417(d), which
    directed the substitution of "(A) In general. - Except as provided
    in subparagraph (B), on or after" for "On or after" and the
    addition of subpar. (B), was executed making the substitution for
    "On and after" and adding subpar. (B) to reflect the probable
    intent of Congress.
      Pub. L. 107-56, Sec. 417(c), substituted "2003," for "2007,".
      2000 - Pub. L. 106-396, Sec. 101(a)(1), in section catchline
    struck out "pilot" before "program".
      Subsec. (a). Pub. L. 106-396, Secs. 101(a)(2)(A), (B), 403(c),
    struck out "pilot" before "program" in heading and two places in
    introductory provisions and inserted concluding provisions.
      Subsec. (a)(1). Pub. L. 106-396, Sec. 101(a)(2)(C), substituted
    "program" for "pilot program period (as defined in subsection (e)
    of this section)".
      Subsec. (a)(2). Pub. L. 106-396, Sec. 101(a)(2)(D), in heading
    struck out "pilot" before "program".
      Subsec. (a)(2)(A). Pub. L. 106-396, Sec. 201, inserted ", either
    on its own or in conjunction with one or more other countries that
    are described in subparagraph (B) and that have established with it
    a common area for immigration admissions," after "to extend)".
      Subsec. (a)(3), (4). Pub. L. 106-396, Sec. 202(a), added par. (3)
    and redesignated former par. (3) as (4). Former par. (4)
    redesignated (5).
      Subsec. (a)(5). Pub. L. 106-396, Sec. 403(a), substituted ",
    including any carrier conducting operations under part 135 of title
    14, Code of Federal Regulations, or a noncommercial aircraft that
    is owned or operated by a domestic corporation conducting
    operations under part 91 of title 14, Code of Federal Regulations
    which has entered into an agreement with the Attorney General
    pursuant to subsection (e) of this section. The Attorney General is
    authorized to require a carrier conducting operations under part
    135 of title 14, Code of Federal Regulations, or a domestic
    corporation conducting operations under part 91 of that title, to
    give suitable and proper bond, in such reasonable amount and
    containing such conditions as the Attorney General may deem
    sufficient to ensure compliance with the indemnification
    requirements of this section, as a term of such an agreement" for
    "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".
      Pub. L. 106-396, Sec. 202(a)(1), redesignated par. (4) as (5).
    Former par. (5) redesignated (6).
      Subsec. (a)(6), (7). Pub. L. 106-396, Sec. 202(a)(1), designated
    pars. (5) and (6) as (6) and (7), respectively. Former par. (7)
    redesignated (8).
      Subsec. (a)(8). Pub. L. 106-396, Sec. 403(b), inserted "or the
    alien is arriving at the port of entry on an aircraft operated
    under part 135 of title 14, Code of Federal Regulations, or a
    noncommercial aircraft that is owned or operated by a domestic
    corporation conducting operations under part 91 of title 14, Code
    of Federal Regulations" after "regulations".
      Pub. L. 106-396, Sec. 202(a)(1), designated par. (7) as (8).
      Subsec. (a)(9). Pub. L. 106-396, Sec. 203(a), added par. (9).
      Subsec. (b). Pub. L. 106-396, Sec. 101(a)(3), struck out "pilot"
    before "program" in introductory provisions.
      Subsec. (c). Pub. L. 106-396, Sec. 101(a)(4)(A), in heading
    struck out "pilot" before "program".
      Subsec. (c)(1). Pub. L. 106-396, Sec. 101(a)(4)(B), struck out
    "pilot" before "program".
      Subsec. (c)(2). Pub. L. 106-396, Sec. 101(a)(4)(C), in
    introductory provisions, substituted "subsection (f)" for
    "subsection (g)" and struck out "pilot" before "program".
      Subsec. (c)(2)(B). Pub. L. 106-396, Sec. 202(b), amended heading
    and text of subpar. (B) generally. Prior to amendment, text read as
    follows: "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."
      Subsec. (c)(2)(C). Pub. L. 106-396, Sec. 204(a), amended heading
    and text of subpar. (C) generally. Prior to amendment, text read as
    follows: "The Attorney General determines that the United States
    law enforcement interests would not be compromised by the
    designation of the country."
      Subsec. (c)(3). Pub. L. 106-396, Sec. 101(a)(4)(D)(i), struck out
    "(within the pilot program period)" after "fiscal year" in
    introductory provisions.
      Subsec. (c)(3)(A). Pub. L. 106-396, Sec. 101(a)(4)(D)(ii), struck
    out "pilot" before "program" in two places in introductory
    provisions.
      Subsec. (c)(3)(B). Pub. L. 106-396, Sec. 101(a)(4)(D)(iii),
    struck out "pilot" before "program" in introductory provisions.
      Subsec. (c)(5). Pub. L. 106-396, Sec. 204(b), added par. (5).
      Subsec. (c)(6). Pub. L. 106-396, Sec. 206, added par. (6).
      Subsec. (c)(7). Pub. L. 106-396, Sec. 207, added par. (7).
      Subsec. (e)(1). Pub. L. 106-396, Secs. 101(a)(5)(A),
    403(d)(1)(A), in introductory provisions, substituted "carrier
    (including any carrier conducting operations under part 135 of
    title 14, Code of Federal Regulations) or a domestic corporation
    conducting operations under part 91 of that title" for "carrier" in
    two places and struck out "pilot" before "program".
      Subsec. (e)(1)(B). Pub. L. 106-396, Sec. 101(a)(5)(B), struck out
    "pilot" before "program".
      Subsec. (e)(1)(D). Pub. L. 106-396, Sec. 205(b), added subpar.
    (D).
      Subsec. (e)(2). Pub. L. 106-396, Sec. 403(d)(1), substituted
    "carrier (including any carrier conducting operations under part
    135 of title 14, Code of Federal Regulations) or a domestic
    corporation conducting operations under part 91 of that title" for
    "carrier" and "failure by a carrier (including any carrier
    conducting operations under part 135 of title 14, Code of Federal
    Regulations) or a domestic corporation conducting operations under
    part 91 of that title" for "carrier's failure".
      Subsec. (e)(3). Pub. L. 106-396, Sec. 403(d)(2), added par. (3).
      Subsec. (f). Pub. L. 106-396, Sec. 101(a)(6), redesignated
    subsec. (g) as (f) and struck out heading and text of former
    subsec. (f). Text read as follows: "For purposes of this section,
    the term 'pilot program period' means the period beginning on
    October 1, 1988, and ending on April 30, 2000."
      Subsec. (f)(1)(A), (C). Pub. L. 106-396, Sec. 101(a)(7)(A), (B),
    struck out "pilot" before "program".
      Subsec. (f)(2) to (4). Pub. L. 106-396, Sec. 101(a)(7)(C)-(E),
    substituted "as a program country" for "as a pilot program country"
    in two places in par. (2)(A) and struck out "pilot" before
    "program" in pars. (3) and (4)(A).
      Subsec. (g). Pub. L. 106-396, Sec. 203(b), added subsec. (g).
    Former subsec. (g) redesignated (f).
      Subsec. (h). Pub. L. 106-396, Sec. 205(a), added subsec. (h).
      1998 - Subsec. (c)(2). Pub. L. 105-173, Sec. 3, reenacted heading
    without change and amended text generally. Prior to amendment, text
    consisted of introductory provisions and subpars. (A) to (D)
    relating to low nonimmigrant visa refusal rate for previous 2-year
    period, low nonimmigrant visa refusal rate for each of 2 previous
    years, machine readable passport program, and law enforcement
    interests.
      Subsec. (f). Pub. L. 105-173, Sec. 1, substituted "2000" for
    "1998".
      1997 - Subsec. (f). Pub. L. 105-119 reenacted subsec. heading
    without change and amended text generally, substituting "April 30,
    1998" for "September 30, 1997".
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 635(a)(1), in
    introductory provisions, substituted "Attorney General, in
    consultation with the Secretary of State" for "Attorney General and
    the Secretary of State, acting jointly".
      Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 635(c)(3), struck out
    "or is designated as a pilot program country with probationary
    status under subsection (g) of this section" after "subsection (c)
    of this section".
      Subsec. (b)(2). Pub. L. 104-208, Sec. 308(e)(9), substituted
    "removal of" for "deportation against".
      Subsec. (c)(1). Pub. L. 104-208, Sec. 635(a)(2), substituted
    "Attorney General, in consultation with the Secretary of State,"
    for "Attorney General and the Secretary of State acting jointly".
      Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
    substituted "denied admission at the time of arrival" for "excluded
    from admission".
      Subsec. (d). Pub. L. 104-208, Sec. 635(a)(3), substituted
    "Attorney General, in consultation with the Secretary of State" for
    "Attorney General and the Secretary of State, acting jointly".
      Subsec. (f). Pub. L. 104-208, Sec. 635(b), substituted "1997."
    for "1996".
      Subsec. (g). Pub. L. 104-208, Sec. 635(c)(1), amended heading and
    text of subsec. (g) generally. Prior to amendment, text provided
    authority for Attorney General and Secretary of State to designate
    countries as pilot program countries with probationary status.
      Subsec. (g)(4)(A)(i). Pub. L. 104-208, Sec. 308(d)(4)(F),
    substituted "denied admission at the time of arrival" for "excluded
    from admission".
      1994 - Subsec. (a)(2)(B). Pub. L. 103-416, Sec. 211(1), inserted
    before period at end "or is designated as a pilot program country
    with probationary status under subsection (g) of this section".
      Subsec. (c)(2). Pub. L. 103-416, Sec. 211(3), substituted "Except
    as provided in subsection (g)(4) of this section, a country" for "A
    country".
      Subsec. (f). Pub. L. 103-416, Sec. 210, substituted "1996" for
    "1995.".
      Pub. L. 103-415 substituted "1995" for "1994".
      Subsec. (g). Pub. L. 103-416, Sec. 211(2), added subsec. (g).
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 307(l)(3), substituted
    "paragraph (7)(B)(i)(II)" for "paragraph (26)(B)".
      Subsec. (a)(4). Pub. L. 102-232, Sec. 303(a)(1)(A), in heading
    substituted "into the United States" for "by sea or air".
      Subsec. (b). Pub. L. 102-232, Sec. 303(a)(1)(B), made technical
    amendment to heading.
      Subsec. (e)(1). Pub. L. 102-232, Sec. 303(a)(2), substituted
    "subsection (a)(4)" for "subsection (a)(4)(C)".
      1990 - Subsec. (a)(2). Pub. L. 101-649, Sec. 201(a)(1), inserted
    ", and presents a passport issued by," after "is a national of".
      Subsec. (a)(3). Pub. L. 101-649, Sec. 201(a)(2), in heading
    substituted reference to immigration forms for reference to entry
    control and waiver forms, and in text substituted "completes such
    immigration form as the Attorney General shall establish" for " - 
        "(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). Pub. L. 101-649, Sec. 201(a)(3), added par. (4)
    and struck out former par. (4) which waived visa requirement for
    certain aliens having round-trip transportation tickets.
      Subsec. (a)(7). Pub. L. 101-649, Sec. 201(a)(4), added par. (7).
      Subsec. (b). Pub. L. 101-649, Sec. 201(a)(5), redesignated
    subsec. (b)(4) as subsec. (b) and subpars. (A) and (B) as pars. (1)
    and (2), respectively, and struck out subsec. (b) heading
    "Conditions before pilot program can be put into operation" and
    pars. (1) to (3) which related to prior notice to Congress,
    automated data arrival and departure system, and visa waiver
    information form, respectively.
      Subsec. (c)(1). Pub. L. 101-649, Sec. 201(a)(6)(A), substituted
    in heading, "In general" for "Up to 8 countries" and in text
    substituted "any country as a pilot program country if it meets the
    requirements of paragraph (2)" for "up to eight countries as pilot
    program countries for purposes of the pilot program".
      Subsec. (c)(2). Pub. L. 101-649, Sec. 201(a)(6)(B), substituted
    "Qualifications" for "Initial qualifications" in heading and "A
    country" for "For the initial period described in paragraph (4), a
    country" in introductory provisions, and added subpars. (C) and
    (D).
      Subsec. (d). Pub. L. 101-649, Sec. 201(a)(7), added subsec. (d).
    Former subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 101-649, Sec. 201(a)(7), (8), redesignated
    subsec. (d) as (e) and added subpar. (C) at end of par. (1). Former
    subsec. (e) redesignated (f).
      Subsec. (f). Pub. L. 101-649, Sec. 201(a)(7), (9), redesignated
    subsec. (e) as (f) and substituted "on October 1, 1988, and ending
    on September 30, 1994" for "at the end of the 30-day period
    referred to in subsection (b)(1) of this section and ending on the
    last day of the third fiscal year which begins after such 30-day
    period".
      1988 - Pub. L. 100-525, Sec. 2(p)(1), made technical amendment to
    directory language of Pub. L. 99-603, Sec. 313(a), which enacted
    this section.
      Subsec. (a). Pub. L. 100-525, Sec. 2(p)(2), substituted
    "hereinafter" for "hereafter".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(4)(F), (e)(9) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 303(a)(1), (2) of Pub. L. 102-232 effective
    as if included in the enactment of the Immigration Act of 1990,
    Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set out as
    a note under section 1101 of this title.
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 201(d) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending this section and section 1323 of
    this title] shall take effect as of the date of the enactment of
    this Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                        MACHINE READABLE PASSPORTS                    
      Pub. L. 107-56, title IV, Sec. 417(a), (b), Oct. 26, 2001, 115
    Stat. 355, provided that:
      "(a) Audits. - The Secretary of State shall, each fiscal year
    until September 30, 2007 - 
        "(1) perform annual audits of the implementation of section
      217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C.
      1187(c)(2)(B));
        "(2) check for the implementation of precautionary measures to
      prevent the counterfeiting and theft of passports; and
        "(3) ascertain that countries designated under the visa waiver
      program have established a program to develop tamper-resistant
      passports.
      "(b) Periodic Reports. - Beginning one year after the date of
    enactment of this Act [Oct. 26, 2001], and every year thereafter
    until 2007, the Secretary of State shall submit a report to
    Congress setting forth the findings of the most recent audit
    conducted under subsection (a)(1)."

                              REPORT REQUIRED                          
      Pub. L. 106-396, title IV, Sec. 403(e), Oct. 30, 2000, 114 Stat.
    1649, provided that: "Not later than two years after the date of
    the enactment of this Act [Oct. 30, 2000], the Attorney General
    shall submit a report to the Committees on the Judiciary of the
    House of Representatives and the Senate assessing the effectiveness
    of the program implemented under the amendments made by this
    section [amending this section] for simplifying the admission of
    business travelers from visa waiver program countries and
    compliance with the Immigration and Nationality Act [8 U.S.C. 1101
    et seq.] by such travelers under that program."

                           TRANSITION PROVISIONS                       
      Section 635(c)(2) of div. C of Pub. L. 104-208 provided that: "A
    country designated as a pilot program country with probationary
    status under section 217(g) of the Immigration and Nationality Act
    [8 U.S.C. 1187(g)] (as in effect on the day before the date of the
    enactment of this Act [Sept. 30, 1996]) shall be considered to be
    designated as a pilot program country on and after such date,
    subject to placement in probationary status or termination of such
    designation under such section (as amended by paragraph (1))."

     OPERATION OF AUTOMATED DATA ARRIVAL AND DEPARTURE CONTROL SYSTEM;
                            REPORT TO CONGRESS
      Section 201(c) of Pub. L. 101-649 provided that: "By not later
    than January 1, 1992, the Attorney General, in consultation with
    the Secretary of State, shall submit to the Committees on the
    Judiciary of the House of Representatives and of the Senate a
    report on the operation of the automated data arrival and departure
    control system for foreign visitors and on admission refusals and
    overstays for such visitors who have entered under the visa waiver
    program."

                    REPORT ON VISA WAIVER PILOT PROGRAM                
      Section 405 of Pub. L. 99-603 provided that:
      "(a) Monitoring and Report on the Pilot Program. - The Attorney
    General and the Secretary of State shall jointly monitor the pilot
    program established under section 217 of the Immigration and
    Nationality Act [8 U.S.C. 1187] and shall report to the Congress
    not later than two years after the beginning of the program.
      "(b) Details in Report. - The report shall include - 
        "(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."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by a comma.

    (!2) So in original. Probably should be followed by a comma.

    (!3) So in original. Probably should be "subsection".

-End-

-CITE-
    8 USC Sec. 1188                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1188. Admission of temporary H-2A workers

-STATUTE-
    (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 45 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 30 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 section 203(u) of title 29,
          (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. The determination as to whether the housing
      furnished by an employer for an H-2A worker meets the
      requirements imposed by this paragraph must be made prior to the
      date specified in paragraph (3)(A) by which the Secretary of
      Labor is required to make a certification described in subsection
      (a)(1) of this section with respect to a petition for the
      importation of such worker.
    (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 section 1101(a)(15)(H)(ii)(a) of this title, and
        (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
    section 1182(a)(5)(A)(i) of this title.
      (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 section
    1101(a)(15)(H)(ii) of this title as may be necessary to carry out
    this section and to provide notice for purposes of section 1324a of
    this title.
      (2) The provisions of subsections (a) and (c) of section 1184 of
    this title and the provisions of this section preempt any State or
    local law regulating admissibility of nonimmigrant workers.
    (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 section 1324a(h)(3) of this title) with respect to
      that employment.
        (2) The term "H-2A worker" means a nonimmigrant described in
      section 1101(a)(15)(H)(ii)(a) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 218, formerly Sec.
    216, as added Pub. L. 99-603, title III, Sec. 301(c), Nov. 6, 1986,
    100 Stat. 3411; renumbered Sec. 218 and amended Pub. L. 100-525,
    Sec. 2(l)(2), (3), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 102-232,
    title III, Secs. 307(l)(4), 309(b)(8), Dec. 12, 1991, 105 Stat.
    1756, 1759; Pub. L. 103-416, title II, Sec. 219(z)(8), Oct. 25,
    1994, 108 Stat. 4318; Pub. L. 106-78, title VII, Sec. 748, Oct. 22,
    1999, 113 Stat. 1167; Pub. L. 106-554, Sec. 1(a)(1) [title I, Sec.
    105], Dec. 21, 2000, 114 Stat. 2763, 2763A-11.)

-REFTEXT-
                            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 Pub. L. 99-603, which is set out in a note under
    this section.

-COD-
                               CODIFICATION                           
      Section was classified to section 1186 of this title prior to its
    renumbering by Pub. L. 100-525.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c)(4). Pub. L. 106-554 inserted at end "The
    determination as to whether the housing furnished by an employer
    for an H-2A worker meets the requirements imposed by this paragraph
    must be made prior to the date specified in paragraph (3)(A) by
    which the Secretary of Labor is required to make a certification
    described in subsection (a)(1) of this section with respect to a
    petition for the importation of such worker."
      1999 - Subsec. (c)(1). Pub. L. 106-78, Sec. 748(1), substituted
    "45 days" for "60 days".
      Subsec. (c)(3)(A). Pub. L. 106-78, Sec. 748(2), substituted "30
    days" for "20 days" in introductory provisions.
      1994 - Subsec. (i)(1). Pub. L. 103-416 made technical correction
    to directory language of Pub. L. 102-232, Sec. 309(b)(8). See 1991
    Amendment note below.
      1991 - Subsec. (g)(3). Pub. L. 102-232, Sec. 307(l)(4),
    substituted "section 1182(a)(5)(A)(i)" for "section 1182(a)(14)".
      Subsec. (i)(1). Pub. L. 102-232, Sec. 309(b)(8), as amended by
    Pub. L. 103-416, substituted "1324a(h)(3)" for "1324a(h)".
      1988 - Pub. L. 100-525, Sec. 2(l)(2)(A), made technical amendment
    to directory language of Pub. L. 99-603, Sec. 301(c), which enacted
    this section.
      Subsec. (c)(4). Pub. L. 100-525, Sec. 2(l)(3), substituted
    "accommodations" for "accomodations" wherever appearing.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(8) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

                        EFFECTIVE DATE; REGULATIONS                    
      Section 301(d), (e) of Pub. L. 99-603, as amended by Pub. L. 100-
    525, Sec. 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that:
      "(d) Effective Date. - The amendments made by this section
    [enacting this section and amending sections 1101 and 1184] apply
    to petitions and applications filed under sections 214(c) and 218
    of the Immigration and Nationality Act [8 U.S.C. 1184(c), 1188] on
    or after the first day of the seventh month beginning after the
    date of the enactment of this Act [Nov. 6, 1986] (hereinafter in
    this section referred to as the 'effective date').
      "(e) Regulations. - The Attorney General, in consultation with
    the Secretary of Labor and the Secretary of Agriculture, shall
    approve all regulations to be issued implementing sections
    101(a)(15)(H)(ii)(a) and 218 of the Immigration and Nationality Act
    [8 U.S.C. 1101(a)(15)(H)(ii)(a), 1188]. Notwithstanding any other
    provision of law, final regulations to implement such sections
    shall first be issued, on an interim or other basis, not later than
    the effective date."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
           SENSE OF CONGRESS RESPECTING CONSULTATION WITH MEXICO       
      Section 301(f) of Pub. L. 99-603, as amended by Pub. L. 100-525,
    Sec. 2(l)(4), Oct. 24, 1988, 102 Stat. 2612, provided that: "It is
    the sense of Congress that the President should establish an
    advisory commission which shall consult with the Governments of
    Mexico and of other appropriate countries and advise the Attorney
    General regarding the operation of the alien temporary worker
    program established under section 218 of the Immigration and
    Nationality Act [8 U.S.C. 1188]."

                          REPORTS ON H-2A PROGRAM                      
      Section 403 of Pub. L. 99-603 provided that:
      "(a) Presidential Reports. - The President shall transmit to the
    Committees on the Judiciary of the Senate and of the House of
    Representatives reports on the implementation of the temporary
    agricultural worker (H-2A) program, which shall include - 
        "(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) Deadlines. - A report on the H-2A temporary worker program
    under subsection (a) shall be submitted not later than two years
    after the date of the enactment of this Act [Nov. 6, 1986], and
    every two years thereafter."
      [Functions of President under section 403 of Pub. L. 99-603
    delegated to Secretary of Labor by section 2(b) of Ex. Ord. No.
    12789, Feb. 10, 1992, 57 F.R. 5225, set out as a note under section
    1364 of this title.]

-End-

-CITE-
    8 USC Sec. 1189                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part II - Admission Qualifications for Aliens; Travel Control of
               Citizens and Aliens                   

-HEAD-
    Sec. 1189. Designation of foreign terrorist organizations

-STATUTE-
    (a) Designation
      (1) In general
        The Secretary is authorized to designate an organization as a
      foreign terrorist organization in accordance with this subsection
      if the Secretary finds that - 
          (A) the organization is a foreign organization;
          (B) the organization engages in terrorist activity (as
        defined in section 1182(a)(3)(B) of this title or terrorism (as
        defined in section 2656f(d)(2) of title 22), or retains the
        capability and intent to engage in terrorist activity or
        terrorism) (!1); and

          (C) the terrorist activity or terrorism of the organization
        threatens the security of United States nationals or the
        national security of the United States.
      (2) Procedure
        (A) Notice
          (i) To congressional leaders
            Seven days before making a designation under this
          subsection, the Secretary shall, by classified communication,
          notify the Speaker and Minority Leader of the House of
          Representatives, the President pro tempore, Majority Leader,
          and Minority Leader of the Senate, and the members of the
          relevant committees of the House of Representatives and the
          Senate, in writing, of the intent to designate an
          organization under this subsection, together with the
          findings made under paragraph (1) with respect to that
          organization, and the factual basis therefor.
          (ii) Publication in Federal Register
            The Secretary shall publish the designation in the Federal
          Register seven days after providing the notification under
          clause (i).
        (B) Effect of designation
          (i) For purposes of section 2339B of title 18, a designation
        under this subsection shall take effect upon publication under
        subparagraph (A)(ii).
          (ii) Any designation under this subsection shall cease to
        have effect upon an Act of Congress disapproving such
        designation.
        (C) Freezing of assets
          Upon notification under paragraph (2)(A)(i), the Secretary of
        the Treasury may require United States financial institutions
        possessing or controlling any assets of any foreign
        organization included in the notification to block all
        financial transactions involving those assets until further
        directive from either the Secretary of the Treasury, Act of
        Congress, or order of court.
      (3) Record
        (A) In general
          In making a designation under this subsection, the Secretary
        shall create an administrative record.
        (B) Classified information
          The Secretary may consider classified information in making a
        designation under this subsection. Classified information shall
        not be subject to disclosure for such time as it remains
        classified, except that such information may be disclosed to a
        court ex parte and in camera for purposes of judicial review
        under subsection (c) of this section.
      (4) Period of designation
        (A) In general
          A designation under this subsection shall be effective for
        all purposes until revoked under paragraph (5) or (6) or set
        aside pursuant to subsection (c) of this section.
        (B) Review of designation upon petition
          (i) In general
            The Secretary shall review the designation of a foreign
          terrorist organization under the procedures set forth in
          clauses (iii) and (iv) if the designated organization files a
          petition for revocation within the petition period described
          in clause (ii).
          (ii) Petition period
            For purposes of clause (i) - 
              (I) if the designated organization has not previously
            filed a petition for revocation under this subparagraph,
            the petition period begins 2 years after the date on which
            the designation was made; or
              (II) if the designated organization has previously filed
            a petition for revocation under this subparagraph, the
            petition period begins 2 years after the date of the
            determination made under clause (iv) on that petition.
          (iii) Procedures
            Any foreign terrorist organization that submits a petition
          for revocation under this subparagraph must provide evidence
          in that petition that the relevant circumstances described in
          paragraph (1) are sufficiently different from the
          circumstances that were the basis for the designation such
          that a revocation with respect to the organization is
          warranted.
          (iv) Determination
            (I) In general
              Not later than 180 days after receiving a petition for
            revocation submitted under this subparagraph, the Secretary
            shall make a determination as to such revocation.
            (II) Classified information
              The Secretary may consider classified information in
            making a determination in response to a petition for
            revocation. Classified information shall not be subject to
            disclosure for such time as it remains classified, except
            that such information may be disclosed to a court ex parte
            and in camera for purposes of judicial review under
            subsection (c) of this section.
            (III) Publication of determination
              A determination made by the Secretary under this clause
            shall be published in the Federal Register.
            (IV) Procedures
              Any revocation by the Secretary shall be made in
            accordance with paragraph (6).
        (C) Other review of designation
          (i) In general
            If in a 5-year period no review has taken place under
          subparagraph (B), the Secretary shall review the designation
          of the foreign terrorist organization in order to determine
          whether such designation should be revoked pursuant to
          paragraph (6).
          (ii) Procedures
            If a review does not take place pursuant to subparagraph
          (B) in response to a petition for revocation that is filed in
          accordance with that subparagraph, then the review shall be
          conducted pursuant to procedures established by the
          Secretary. The results of such review and the applicable
          procedures shall not be reviewable in any court.
          (iii) Publication of results of review
            The Secretary shall publish any determination made pursuant
          to this subparagraph in the Federal Register.
      (5) Revocation by Act of Congress
        The Congress, by an Act of Congress, may block or revoke a
      designation made under paragraph (1).
      (6) Revocation based on change in circumstances
        (A) In general
          The Secretary may revoke a designation made under paragraph
        (1) at any time, and shall revoke a designation upon completion
        of a review conducted pursuant to subparagraphs (B) and (C) of
        paragraph (4) if the Secretary finds that - 
            (i) the circumstances that were the basis for the
          designation have changed in such a manner as to warrant
          revocation; or
            (ii) the national security of the United States warrants a
          revocation.
        (B) Procedure
          The procedural requirements of paragraphs (2) and (3) shall
        apply to a revocation under this paragraph. Any revocation
        shall take effect on the date specified in the revocation or
        upon publication in the Federal Register if no effective date
        is specified.
      (7) Effect of revocation
        The revocation of a designation under paragraph (5) or (6)
      shall not affect any action or proceeding based on conduct
      committed prior to the effective date of such revocation.
      (8) Use of designation in trial or hearing
        If a designation under this subsection has become effective
      under paragraph (2)(B) a defendant in a criminal action or an
      alien in a removal proceeding shall not be permitted to raise any
      question concerning the validity of the issuance of such
      designation as a defense or an objection at any trial or hearing.
    (b) Amendments to a designation
      (1) In general
        The Secretary may amend a designation under this subsection if
      the Secretary finds that the organization has changed its name,
      adopted a new alias, dissolved and then reconstituted itself
      under a different name or names, or merged with another
      organization.
      (2) Procedure
        Amendments made to a designation in accordance with paragraph
      (1) shall be effective upon publication in the Federal Register.
      Subparagraphs (B) and (C) of subsection (a)(2) of this section
      shall apply to an amended designation upon such publication.
      Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection
      (a) of this section shall also apply to an amended designation.
      (3) Administrative record
        The administrative record shall be corrected to include the
      amendments as well as any additional relevant information that
      supports those amendments.
      (4) Classified information
        The Secretary may consider classified information in amending a
      designation in accordance with this subsection. Classified
      information shall not be subject to disclosure for such time as
      it remains classified, except that such information may be
      disclosed to a court ex parte and in camera for purposes of
      judicial review under subsection (c) of this section.
    (c) Judicial review of designation
      (1) In general
        Not later than 30 days after publication in the Federal
      Register of a designation, an amended designation, or a
      determination in response to a petition for revocation, the
      designated organization may seek judicial review in the United
      States Court of Appeals for the District of Columbia Circuit.
      (2) Basis of review
        Review under this subsection shall be based solely upon the
      administrative record, except that the Government may submit, for
      ex parte and in camera review, classified information used in
      making the designation, amended designation, or determination in
      response to a petition for revocation.
      (3) Scope of review
        The Court shall hold unlawful and set aside a designation,
      amended designation, or determination in response to a petition
      for revocation the court finds to be - 
          (A) arbitrary, capricious, an abuse of discretion, or
        otherwise not in accordance with law;
          (B) contrary to constitutional right, power, privilege, or
        immunity;
          (C) in excess of statutory jurisdiction, authority, or
        limitation, or short of statutory right;
          (D) lacking substantial support in the administrative record
        taken as a whole or in classified information submitted to the
        court under paragraph (2),(!2) or

          (E) not in accord with the procedures required by law.
      (4) Judicial review invoked
        The pendency of an action for judicial review of a designation,
      amended designation, or determination in response to a petition
      for revocation shall not affect the application of this section,
      unless the court issues a final order setting aside the
      designation, amended designation, or determination in response to
      a petition for revocation.
    (d) Definitions
      As used in this section - 
        (1) the term "classified information" has the meaning given
      that term in section 1(a) of the Classified Information
      Procedures Act (18 U.S.C. App.);
        (2) the term "national security" means the national defense,
      foreign relations, or economic interests of the United States;
        (3) the term "relevant committees" means the Committees on the
      Judiciary, Intelligence, and Foreign Relations of the Senate and
      the Committees on the Judiciary, Intelligence, and International
      Relations of the House of Representatives; and
        (4) the term "Secretary" means the Secretary of State, in
      consultation with the Secretary of the Treasury and the Attorney
      General.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 2, Sec. 219, as added Pub.
    L. 104-132, title III, Sec. 302(a), Apr. 24, 1996, 110 Stat. 1248;
    amended Pub. L. 104-208, div. C, title III, Sec. 356, title VI,
    Sec. 671(c)(1), Sept. 30, 1996, 110 Stat. 3009-644, 3009-722; Pub.
    L. 107-56, title IV, Sec. 411(c), Oct. 26, 2001, 115 Stat. 349;
    Pub. L. 108-458, title VII, Sec. 7119(a)-(c), Dec. 17, 2004, 118
    Stat. 3801, 3802.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1(a) of the Classified Information Procedures Act,
    referred to in subsec. (d)(1), is section 1(a) of Pub. L. 96-456,
    which is set out in the Appendix to Title 18, Crimes and Criminal
    Procedure.

-COD-
                               CODIFICATION                           
      Another section 411(c) of Pub. L. 107-56 enacted provisions set
    out as an Effective Date of 2001 Amendment note under section 1182
    of this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(3)(B). Pub. L. 108-458, Sec. 7119(c)(1)(A),
    substituted "subsection (c)" for "subsection (b)".
      Subsec. (a)(4)(A). Pub. L. 108-458, Sec. 7119(a)(1), substituted
    "A designation" for "Subject to paragraphs (5) and (6), a
    designation" and "until revoked under paragraph (5) or (6) or set
    aside pursuant to subsection (c) of this section" for "for a period
    of 2 years beginning on the effective date of the designation under
    paragraph (2)(B)".
      Subsec. (a)(4)(B). Pub. L. 108-458, Sec. 7119(a)(2), added
    subpar. (B) and struck out former subpar. (B) which contained
    provisions authorizing Secretary to redesignate a foreign
    organization as a foreign terrorist organization for an additional
    2-year period at the end of the 2-year period referred to in
    subpar. (A) or at the end of any 2-year redesignation period.
      Subsec. (a)(4)(C). Pub. L. 108-458, Sec. 7119(a)(3), added
    subpar. (C).
      Subsec. (a)(6)(A). Pub. L. 108-458, Sec. 7119(c)(1)(B)(i),
    substituted "at any time, and shall revoke a designation upon
    completion of a review conducted pursuant to subparagraphs (B) and
    (C) of paragraph (4)" for "or a redesignation made under paragraph
    (4)(B)" in introductory provisions.
      Subsec. (a)(6)(A)(i). Pub. L. 108-458, Sec. 7119(c)(1)(B)(ii),
    struck out "or redesignation" after "the designation".
      Subsec. (a)(7). Pub. L. 108-458, Sec. 7119(c)(1)(C), struck out
    ", or the revocation of a redesignation under paragraph (6),"
    before "shall not affect".
      Subsec. (a)(8). Pub. L. 108-458, Sec. 7119(c)(1)(D), struck out
    ", or if a redesignation under this subsection has become effective
    under paragraph (4)(B)," before "a defendant in a criminal action"
    and "or redesignation" after "such designation".
      Subsec. (b). Pub. L. 108-458, Sec. 7119(b)(2), added subsec. (b).
    Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 108-458, Sec. 7119(b)(1), redesignated
    subsec. (b) as (c). Former subsec. (c) redesignated (d).
      Subsec. (c)(1). Pub. L. 108-458, Sec. 7119(c)(2)(A), substituted
    "in the Federal Register of a designation, an amended designation,
    or a determination in response to a petition for revocation, the
    designated organization may seek judicial review" for "of the
    designation in the Federal Register, an organization designated as
    a foreign terrorist organization may seek judicial review of the
    designation".
      Subsec. (c)(2) to (4). Pub. L. 108-458, Sec. 7119(c)(2)(B)-(D),
    inserted ", amended designation, or determination in response to a
    petition for revocation" after "designation" wherever appearing.
      Subsec. (d). Pub. L. 108-458, Sec. 7119(b)(1), redesignated
    subsec. (c) as (d).
      2001 - Subsec. (a)(1)(B). Pub. L. 107-56, Sec. 411(c)(1),
    inserted "or terrorism (as defined in section 2656f(d)(2) of title
    22), or retains the capability and intent to engage in terrorist
    activity or terrorism" after "section 1182(a)(3)(B) of this title".
      Subsec. (a)(1)(C). Pub. L. 107-56, Sec. 411(c)(2), inserted "or
    terrorism" after "the terrorist activity".
      Subsec. (a)(2)(A). Pub. L. 107-56, Sec. 411(c)(3), reenacted
    heading without change and amended text generally. Prior to
    amendment, text read as follows: "Seven days before making a
    designation under this subsection, the Secretary shall, by
    classified communication - 
        "(i) notify the Speaker and Minority Leader of the House of
      Representatives, the President pro tempore, Majority Leader, and
      Minority Leader of the Senate, and the members of the relevant
      committees, in writing, of the intent to designate a foreign
      organization under this subsection, together with the findings
      made under paragraph (1) with respect to that organization, and
      the factual basis therefor; and
        "(ii) seven days after such notification, publish the
      designation in the Federal Register."
      Subsec. (a)(2)(B)(i). Pub. L. 107-56, Sec. 411(c)(4), substituted
    "subparagraph (A)(ii)" for "subparagraph (A)".
      Subsec. (a)(2)(C). Pub. L. 107-56, Sec. 411(c)(5), substituted
    "paragraph (2)(A)(i)" for "paragraph (2)".
      Subsec. (a)(3)(B). Pub. L. 107-56, Sec. 411(c)(6), substituted
    "subsection (b) of this section" for "subsection (c) of this
    section".
      Subsec. (a)(4)(B). Pub. L. 107-56, Sec. 411(c)(7), inserted after
    first sentence "The Secretary also may redesignate such
    organization at the end of any 2-year redesignation period (but not
    sooner than 60 days prior to the termination of such period) for an
    additional 2-year period upon a finding that the relevant
    circumstances described in paragraph (1) still exist. Any
    redesignation shall be effective immediately following the end of
    the prior 2-year designation or redesignation period unless a
    different effective date is provided in such redesignation."
      Subsec. (a)(6)(A). Pub. L. 107-56, Sec. 411(c)(8)(A), inserted
    "or a redesignation made under paragraph (4)(B)" after "paragraph
    (1)" in introductory provisions.
      Subsec. (a)(6)(A)(i). Pub. L. 107-56, Sec. 411(c)(8)(B), inserted
    "or redesignation" after "basis for the designation" and struck out
    "of the designation" before semicolon.
      Subsec. (a)(6)(A)(ii). Pub. L. 107-56, Sec. 411(c)(8)(C), struck
    out "of the designation" before period at end.
      Subsec. (a)(6)(B). Pub. L. 107-56, Sec. 411(c)(9), substituted
    "and (3)" for "through (4)" and inserted "Any revocation shall take
    effect on the date specified in the revocation or upon publication
    in the Federal Register if no effective date is specified." at end.
      Subsec. (a)(7). Pub. L. 107-56, Sec. 411(c)(10), inserted ", or
    the revocation of a redesignation under paragraph (6)," after
    "paragraph (5) or (6)".
      Subsec. (a)(8). Pub. L. 107-56, Sec. 411(c)(11), substituted
    "paragraph (2)(B), or if a redesignation under this subsection has
    become effective under paragraph (4)(B)" for "paragraph (1)(B)" and
    inserted "or an alien in a removal proceeding" after "criminal
    action" and "or redesignation" before "as a defense".
      1996 - Pub. L. 104-208, Sec. 671(c)(1), made technical amendment
    to section catchline.
      Subsec. (b)(3)(D), (E). Pub. L. 104-208, Sec. 356, added subpars.
    (D) and (E).

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and
    applicable to actions taken by an alien before, on, or after Oct.
    26, 2001, and to all aliens, regardless of date of entry or
    attempted entry into the United States, in removal proceedings on
    or after such date (except for proceedings in which there has been
    a final administrative decision before such date) or seeking
    admission to the United States on or after such date, with special
    rules and exceptions, see section 411(c) of Pub. L. 107-56, set out
    as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 356 of Pub. L. 104-208 effective as if
    included in the enactment of subtitle A of title IV of the
    Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-
    132, see section 358 of Pub. L. 104-208, set out as a note under
    section 1182 of this title.
      Section 671(c)(7) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by this subsection [amending this section and
    sections 1105a and 1252a of this title] shall take effect as if
    included in the enactment of subtitle A of title IV of AEPDA
    [AEDPA, Pub. L. 104-132]."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                             SAVINGS PROVISION                         
      Pub. L. 108-458, title VII, Sec. 7119(d), Dec. 17, 2004, 118
    Stat. 3803, provided that: "For purposes of applying section 219 of
    the Immigration and Nationality Act [8 U.S.C. 1189] on or after the
    date of enactment of this Act [Dec. 17, 2004], the term
    'designation', as used in that section, includes all redesignations
    made pursuant to section 219(a)(4)(B) of the Immigration and
    Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of
    enactment of this Act, and such redesignations shall continue to be
    effective until revoked as provided in paragraph (5) or (6) of
    section 219(a) of the Immigration and Nationality Act (8 U.S.C.
    1189(a))."

-FOOTNOTE-
    (!1) So in original. The closing parenthesis probably should follow
         "section 1182(a)(3)(B) of this title".

    (!2) So in original. The comma probably should be a semicolon.

-End-

-CITE-
    8 USC Part III - Issuance of Entry Documents                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
                  PART III - ISSUANCE OF ENTRY DOCUMENTS              

-End-

-CITE-
    8 USC Sec. 1201                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1201. Issuance of visas

-STATUTE-
    (a) Immigrants; nonimmigrants
      (1) Under the conditions hereinafter prescribed and subject to
    the limitations prescribed in this chapter or regulations issued
    thereunder, a consular officer may issue
        (A) to an immigrant who has made proper application therefor,
      an immigrant visa which shall consist of the application provided
      for in section 1202 of this title, visaed by such consular
      officer, and shall specify the foreign state, if any, to which
      the immigrant is charged, the immigrant's particular status under
      such foreign state, the preference, immediate relative, or
      special immigrant classification to which the alien is charged,
      the date on which the validity of the visa shall expire, and such
      additional information as may be required; and
        (B) to a nonimmigrant who has made proper application therefor,
      a nonimmigrant visa, which shall specify the classification under
      section 1101(a)(15) of this title of the nonimmigrant, the period
      during which the nonimmigrant visa shall be valid, and such
      additional information as may be required.

      (2) The Secretary of State shall provide to the Service an
    electronic version of the visa file of each alien who has been
    issued a visa to ensure that the data in that visa file is
    available to immigration inspectors at the United States ports of
    entry before the arrival of the alien at such a port of entry.
    (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 sections
    1101(a)(15)(A), and 1101(a)(15)(G) of this title, or in the case of
    any alien who is granted a diplomatic visa on a diplomatic passport
    or on the equivalent thereof.
    (c) Period of validity; requirement of visa
      An immigrant visa shall be valid for such period, not exceeding
    six 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; except that in the case of aliens who
    are nationals of a foreign country and who either are granted
    refugee status and firmly resettled in another foreign country or
    are granted permanent residence and residing in another foreign
    country, the Secretary of State may prescribe the period of
    validity of such a visa based upon the treatment granted by that
    other foreign country to alien refugees and permanent residents,
    respectively, in the United States. 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 deny admission to
    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
    section 1182 of this title, or any other provision of law, (2) the
    application fails to comply with the provisions of this chapter, or
    the regulations issued thereunder, or (3) the consular officer
    knows or has reason to believe that such alien is ineligible to
    receive a visa or such other documentation under section 1182 of
    this title, or any other provision of law: Provided, That a visa or
    other documentation may be issued to an alien who is within the
    purview of section 1182(a)(4) of this title, if such alien is
    otherwise entitled to receive a visa or other documentation, upon
    receipt of notice by the consular officer from the Attorney General
    of the giving of a bond or undertaking providing indemnity as in
    the case of aliens admitted under section 1183 of this title:
    Provided further, That a visa may be issued to an alien defined in
    section 1101(a)(15)(B) or (F) of this title, if such alien is
    otherwise entitled to receive a visa, upon receipt of a notice by
    the consular officer from the Attorney General of the giving of a
    bond with sufficient surety in such sum and containing such
    conditions as the consular officer shall prescribe, to insure that
    at the expiration of the time for which such alien has been
    admitted by the Attorney General, as provided in section 1184(a) of
    this title, or upon failure to maintain the status under which he
    was admitted, or to maintain any status subsequently acquired under
    section 1258 of this title, such alien will depart from the United
    States.
    (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 be
    admitted (!1) 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
    section 1323(b) of this title for action taken in reliance on such
    visas or other documentation, unless they received due notice of
    such revocation prior to the alien's embarkation. There shall be no
    means of judicial review (including review pursuant to section 2241
    of title 28 or any other habeas corpus provision, and sections 1361
    and 1651 of such title) of a revocation under this subsection,
    except in the context of a removal proceeding if such revocation
    provides the sole ground for removal under section 1227(a)(1)(B) of
    this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 3, Sec. 221, 66 Stat. 191;
    Pub. L. 87-301, Sec. 4, Sept. 26, 1961, 75 Stat. 651; Pub. L. 89-
    236, Secs. 11(a), (b), 17, Oct. 3, 1965, 79 Stat. 918, 919; Pub.
    L. 97-116, Sec. 18(f), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-
    653, Sec. 5(a), formerly Sec. 5(a)(a)-(c), Nov. 14, 1986, 100
    Stat. 3656, renumbered Sec. 5(a), Pub. L. 100-525, Sec. 8(d)(1),
    Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101-649, title VI, Sec.
    603(a)(9), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 102-232, title
    III, Sec. 302(e)(8)(C), Dec. 12, 1991, 105 Stat. 1746; Pub. L. 104-
    208, div. C, title III, Sec. 308(d)(4)(G), (f)(2)(B), title VI,
    Sec. 631, Sept. 30, 1996, 110 Stat. 3009-618, 3009-621, 3009-700;
    Pub. L. 107-173, title III, Sec. 301, May 14, 2002, 116 Stat. 552;
    Pub. L. 108-458, title V, Sec. 5304(a), Dec. 17, 2004, 118 Stat.
    3736.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (i). Pub. L. 108-458 inserted at end "There shall
    be no means of judicial review (including review pursuant to
    section 2241 of title 28 or any other habeas corpus provision, and
    sections 1361 and 1651 of such title) of a revocation under this
    subsection, except in the context of a removal proceeding if such
    revocation provides the sole ground for removal under section
    1227(a)(1)(B) of this title."
      2002 - Subsec. (a). Pub. L. 107-173 designated existing
    provisions as par. (1), redesignated former pars. (1) and (2) as
    subpars. (A) and (B), respectively, of par. (1), and added par.
    (2).
      1996 - Subsec. (c). Pub. L. 104-208, Sec. 631, substituted "six
    months" for "four months" and inserted "; except that in the case
    of aliens who are nationals of a foreign country and who either are
    granted refugee status and firmly resettled in another foreign
    country or are granted permanent residence and residing in another
    foreign country, the Secretary of State may prescribe the period of
    validity of such a visa based upon the treatment granted by that
    other foreign country to alien refugees and permanent residents,
    respectively, in the United States" after "within a similar class".
      Subsec. (f). Pub. L. 104-208, Sec. 308(d)(4)(G), substituted
    "deny admission to" for "exclude".
      Subsec. (h). Pub. L. 104-208, Sec. 308(f)(2)(B), substituted "be
    admitted" for "enter".
      1991 - Subsec. (a). Pub. L. 102-232 struck out "nonpreference,"
    before "immediate relative".
      1990 - Subsec. (g). Pub. L. 101-649 substituted "1182(a)(4) of
    this title" for "1182(a)(7), or section 1182(a)(15) of this title".
      1988 - Subsecs. (a) to (c). Pub. L. 100-525 made technical
    correction to Pub. L. 99-653, Sec. 5. See 1986 Amendment note
    below.
      1986 - Subsec. (a). Pub. L. 99-653, Sec. 5(a)(1), formerly Sec.
    5(a)(a), as redesignated by Pub. L. 100-525, in cl. (1) substituted
    "specify the foreign state" for "specify the quota", "under such
    foreign state" for "under such quota", "special immigrant
    classification" for "special immigration classification", and
    struck out "one copy of" after "shall consist of".
      Subsec. (b). Pub. L. 99-653, Sec. 5(a)(2), formerly Sec. 5(a)(b),
    as redesignated by Pub. L. 100-525, amended subsec. (b) generally,
    striking out "and fingerprinted" after "shall be registered" and
    substituting "sections 1101(a)(15)(A) and 1101(a)(15)(G) of this
    title" for "section 1101(a)(15)(A) and (G) of this title".
      Subsec. (c). Pub. L. 99-653, Sec. 5(a)(3), formerly Sec. 5(a)(c),
    as redesignated by Pub. L. 100-525, amended subsec. (c) generally,
    substituting "during the fiscal year" for "during the year",
    "Provided, That the immigrant" for "Provided, the consular officer
    is in possession of the duplicate signed copy of the original visa,
    the immigrant", and "statutory fees" for "statutory fee".
      1981 - Subsec. (a). Pub. L. 97-116 substituted a comma for the
    period after "alien is charged".
      1965 - Subsec. (a). Pub. L. 89-236, Sec. 11(a), substituted a
    reference to preference, nonpreference, immediate relative, and
    special immigration classification, for a reference to nonquota
    categories to which immigrants are classified.
      Subsec. (c). Pub. L. 89-236, Sec. 11(b), struck out references to
    "quota" wherever appearing.
      Subsec. (g). Pub. L. 89-236, Sec. 17, inserted proviso permitting
    issuance of student or visitors visas in cases where the alien
    gives a bond so as to allow resolution of doubts in borderline
    cases in which the consular officer is uncertain as to the bona
    fides of the nonimmigrant's intention to remain in the United
    States temporarily.
      1961 - Subsec. (c). Pub. L. 87-301 provided that an immigrant
    visa issued to a child adopted by a United States citizen and
    spouse while such citizen is serving abroad in the United States
    Armed Forces or employed abroad by our Government, or temporarily
    abroad on business, shall remain valid to such time, but not
    exceeding three years, as the adoptive parent returns to the United
    States in due course of service, employment or business.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by Pub. L. 108-458 effective Dec. 17, 2004, and
    applicable to revocations under sections 1155 and 1201(i) of this
    title made before, on, or after such date, see section 5304(d) of
    Pub. L. 108-458, set out as a note under section 1155 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(4)(G), (f)(2)(B) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 302(e)(8) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 162(e)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(b) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendments made by sections 5, 6, 8, 9, and 10 [amending this
    section and sections 1202, 1301, 1302, and 1304 of this title and
    repealing section 1201a of this title] apply to applications for
    immigrant visas made, and visas issued, on or after November 14,
    1986."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                      PROCESSING OF VISA APPLICATIONS                  
      Pub. L. 107-228, div. A, title II, Sec. 233, Sept. 30, 2002, 116
    Stat. 1373, provided that:
      "(a) In General. - It shall be the policy of the Department [of
    State] to process each visa application from an alien classified as
    an immediate relative or as a K-1 nonimmigrant within 30 days of
    the receipt of all necessary documents from the applicant and the
    Immigration and Naturalization Service. In the case of an immigrant
    visa application where the petitioner is a relative other than an
    immediate relative, it should be the policy of the Department to
    process such an application within 60 days of the receipt of all
    necessary documents from the applicant and the Immigration and
    Naturalization Service.
      "(b) Definitions. - In this section:
        "(1) Immediate relative. - The term 'immediate relative' has
      the meaning given the term in section 201(b)(2)(A)(i) of the
      Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)).
        "(2) K-1 nonimmigrant. - The term 'K-1 nonimmigrant' means a
      nonimmigrant alien described in section 101(a)(15)(K)(i) of the
      Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(i))."

                     PREVENTION OF CONSULATE SHOPPING                 
      Pub. L. 107-56, title IV, Sec. 418, Oct. 26, 2001, 115 Stat. 355,
    provided that:
      "(a) Review. - The Secretary of State shall review how consular
    officers issue visas to determine if consular shopping is a
    problem.
      "(b) Actions to be Taken. - If the Secretary of State determines
    under subsection (a) that consular shopping is a problem, the
    Secretary shall take steps to address the problem and shall submit
    a report to Congress describing what action was taken."
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.
    237], Nov. 29, 1999, 113 Stat. 1536, 1501A-430, provided that:
      "(a) Policy. - It shall be the policy of the Department of State
    to process immigrant visa applications of immediate relatives of
    United States citizens and nonimmigrant K-1 visa applications of
    fiances of United States citizens within 30 days of the receipt of
    all necessary documents from the applicant and the Immigration and
    Naturalization Service. In the case of an immigrant visa
    application where the sponsor of such applicant is a relative other
    than an immediate relative, it should be the policy of the
    Department of State to process such an application within 60 days
    of the receipt of all necessary documents from the applicant and
    the Immigration and Naturalization Service.
      "(b) Reports. - Not later than 180 days after the date of
    enactment of this Act [Nov. 29, 1999], and not later than 1 year
    thereafter, the Secretary of State shall submit to the appropriate
    congressional committees [Committee on International Relations of
    the House of Representatives and Committee on Foreign Relations of
    the Senate] a report on the extent to which the Department of State
    is meeting the policy standards under subsection (a). Each report
    shall be based on a survey of the 22 consular posts which account
    for approximately 72 percent of immigrant visas issued and, in
    addition, the consular posts in Guatemala City, Nicosia, Caracas,
    Naples, and Jakarta. Each report should include data on the average
    time for processing each category of visa application under
    subsection (a), a list of the embassies and consular posts which do
    not meet the policy standards under subsection (a), the amount of
    funds collected worldwide for processing of visa applications
    during the most recent fiscal year, the estimated costs of
    processing such visa applications (based on the Department of
    State's most recent fee study), the steps being taken by the
    Department of State to achieve such policy standards, and results
    achieved by the interagency working group charged with the goal of
    reducing the overall processing time for visa applications."

     PERMITTING EXTENSION OF PERIOD OF VALIDITY OF IMMIGRANT VISAS FOR
                      CERTAIN RESIDENTS OF HONG KONG
      Section 154 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 302(d)(4), Dec. 12, 1991, 105 Stat. 1745, provided
    that:
      "(a) Extending Period of Validity. - 
        "(1) In general. - Subject to paragraph (2), the limitation on
      the period of validity of an immigrant visa under section 221(c)
      of the Immigration and Nationality Act [8 U.S.C. 1201(c)] shall
      not apply in the case of an immigrant visa issued, on or after
      the date of the enactment of this Act [Nov. 29, 1990] and before
      September 1, 2001, to an alien described in subsection (b), but
      only if - 
          "(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) Limitation on extension. - In no case shall the period of
      validity of a visa be extended under paragraph (1) beyond January
      1, 2002.
        "(3) Treatment under numerical limitations. - In applying the
      numerical limitations of sections 201 and 202 of the Immigration
      and Nationality Act [8 U.S.C. 1151, 1152] in the case of aliens
      for whose visas the period of validity is extended under this
      section, such limitations shall only apply at the time of
      original issuance of the visas and not at the time of admission
      of such aliens.
      "(b) Aliens Covered. - An alien is described in this subsection
    if the alien - 
        "(1)(A) is chargeable under section 202 of the Immigration and
      Nationality Act [8 U.S.C. 1152] to Hong Kong or China, and
        "(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 [8 U.S.C. 1153(a)] (as in
      effect on the date of the enactment of this Act) or under section
      203(a) or 203(b)(1) of such Act (as in effect on and after
      October 1, 1991), or (ii) is the spouse or child (as defined in
      subsection (d)) of an alien described in clause (i), if
      accompanying or following to join the alien in coming to the
      United States; or
        "(2) is issued a visa under section 124 of this Act [enacting
      provisions set out as a note under section 1153 of this title].
      "(c) Treatment of Certain Employees in Hong Kong. - 
        "(1) In general. - In applying the proviso of section 7 of the
      Central Intelligence Agency Act of 1949 [50 U.S.C. 403h], in the
      case of an alien described in paragraph (2), the Director may
      charge the entry of the alien against the numerical limitation
      for any fiscal year (beginning with fiscal year 1991 and ending
      with fiscal year 1996) notwithstanding that the alien's entry is
      not made to the United States in that fiscal year so long as such
      entry is made before the end of fiscal year 1997.
        "(2) Aliens covered. - An alien is described in this paragraph
      if the alien - 
          "(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. Pub. L. 102-232, title III, Sec. 302(d)(4)(C),
      Dec. 12, 1991, 105 Stat. 1745.]
      "(d) Treatment of Children. - In this section, the term 'child'
    has the meaning given such term in section 101(b)(1) of the
    Immigration and Nationality Act [8 U.S.C. 1101(b)(1)] and also
    includes (for purposes of this section and the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.] as it applies to this
    section) an alien who was the child (as so defined) of the alien as
    of the date of the issuance of an immigrant visa to the alien
    described in subsection (b)(1) or, in the case described in
    subsection (c), as of the date of charging of the entry of the
    alien under the proviso under section 7 of the Central Intelligence
    Agency Act of 1949 [50 U.S.C. 403h]."
      [Section 154 of Pub. L. 101-649 effective Nov. 29, 1990, and
    (unless otherwise provided) applicable to fiscal year 1991, see
    section 161(b) of Pub. L. 101-649, set out as an Effective Date of
    1990 Amendment note under section 1101 of this title.]

                 CUBAN POLITICAL PRISONERS AND IMMIGRANTS             
      Pub. L. 100-204, title IX, Sec. 903, Dec. 22, 1987, 101 Stat.
    1401, as amended by Pub. L. 104-208, div. C, title III, Sec.
    308(g)(7)(C)(iii), Sept. 30, 1996, 110 Stat. 3009-624, provided
    that:
      "(a) Processing of Certain Cuban Political Prisoners as Refugees.
    - In light of the announcement of the Government of Cuba on
    November 20, 1987, that it would reimplement immediately the
    agreement of December 14, 1984, establishing normal migration
    procedures between the United States and Cuba, on and after the
    date of the enactment of this Act [Dec. 22, 1987], consular
    officers of the Department of State and appropriate officers of the
    Immigration and Naturalization Service shall, in accordance with
    the procedures applicable to such cases in other countries, process
    any application for admission to the United States as a refugee
    from any Cuban national who was imprisoned for political reasons by
    the Government of Cuba on or after January 1, 1959, without regard
    to the duration of such imprisonment, except as may be necessary to
    reassure the orderly process of available applicants.
      "(b) Processing of Immigrant Visa Applications of Cuban Nationals
    in Third Countries. - Notwithstanding section 212(f) and section
    243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f),
    1253(d)], on and after the date of the enactment of this Act [Dec.
    22, 1987], consular officers of the Department of State shall
    process immigrant visa applications by nationals of Cuba located in
    third countries on the same basis as immigrant visa applications by
    nationals of other countries.
      "(c) Definitions. - For purposes of this section:
        "(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 [8
      U.S.C. 1101(a)(42)]."

      Pub. L. 100-202, Sec. 101(a) [title VII], Dec. 22, 1987, 101
    Stat. 1329, 1329-39, as amended by Pub. L. 104-208, div. C, title
    III, Sec. 308(g)(7)(C)(ii), Sept. 30, 1996, 110 Stat. 3009-624,
    provided that:
      "Sec. 701. This title may be cited as 'Cuban Political Prisoners
    and Immigrants'.
      "Sec. 702. (a) Processing of Certain Cuban Political Prisoners as
    Refugees. - In light of the announcement of the Government of Cuba
    on November 20, 1987, that it would reimplement immediately the
    agreement of December 14, 1984, establishing normal migration
    procedures between the United States and Cuba, on and after the
    date of enactment of this Act [Dec. 22, 1987], consular officer[s]
    of the Department of State and appropriate officers of the
    Immigration and Naturalization Service shall, in accordance with
    the procedures applicable to such cases in other countries, process
    any application for admission to the United States as a refugee
    from any Cuban national who was imprisoned for political reasons by
    the Government of Cuba on or after January 1, 1959, without regard
    to the duration of such imprisonment, except as may be necessary to
    reassure the orderly process of available applicants.
      "(b) Processing of Immigrant Visa Applications of Cuban Nationals
    in Third Countries. - Notwithstanding section 212(f) and section
    243(d) of the Immigration and Nationality Act [8 U.S.C. 1182(f),
    1253(d)], on and after the date of the enactment of this Act [Dec.
    22, 1987], consular officers of the Department of State shall
    process immigrant visa applications by nationals of Cuba located in
    third countries on the same basis as immigrant visa applications by
    nationals of other countries.
      "(c) Definitions. - For purposes of this section:
        "(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 [8
      U.S.C. 1101(a)(42)]."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "to".

-End-

-CITE-
    8 USC Sec. 1201a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1201a. Repealed.

-MISC1-
    Sec. 1201a. Repealed. Pub. L. 99-653, Sec. 5(b), formerly Sec.
      5(a)(d), Nov. 14, 1986, 100 Stat. 3656, renumbered Sec. 5(b),
      Pub. L. 100-525, Sec. 8(d)(2), Oct. 24, 1988, 102 Stat. 2617.
      Section, Pub. L. 85-316, Sec. 8, Sept. 11, 1957, 71 Stat. 641,
    related to waiver of fingerprinting requirements for nonimmigrant
    aliens.

                         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 Pub.
    L. 99-653, set out as an Effective Date of 1986 Amendment note
    under section 1201 of this title.

-End-

-CITE-
    8 USC Sec. 1202                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1202. Application for visas

-STATUTE-
    (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. All immigrant visa applications
    shall be reviewed and adjudicated by a consular officer.
    (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; his marital status; and such additional
    information necessary to the identification of the applicant, the
    determination of his eligibility for a nonimmigrant visa, and the
    enforcement of the immigration and nationality laws as may be by
    regulations prescribed. The alien shall provide complete and
    accurate information in response to any request for information
    contained in the application. At the discretion of the Secretary of
    State, application forms for the various classes of nonimmigrant
    admissions described in section 1101(a)(15) of this title may vary
    according to the class of visa being requested.
    (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. All nonimmigrant visa
    applications shall be reviewed and adjudicated by a consular
    officer.
    (e) Signing and verification of application
      Except as may be otherwise prescribed by regulations, each
    application for an immigrant visa 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, or other (!1) placed 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 - 
        (1) 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.(!2)

        (2) the Secretary of State, in the Secretary's discretion and
      on the basis of reciprocity, may provide to a foreign government
      information in the Department of State's computerized visa
      lookout database and, when necessary and appropriate, other
      records covered by this section related to information in the
      database - 
          (A) with regard to individual aliens, at any time on a case-
        by-case basis for the purpose of preventing, investigating, or
        punishing acts that would constitute a crime in the United
        States, including, but not limited to, terrorism or trafficking
        in controlled substances, persons, or illicit weapons; or
          (B) with regard to any or all aliens in the database,
        pursuant to such conditions as the Secretary of State shall
        establish in an agreement with the foreign government in which
        that government agrees to use such information and records for
        the purposes described in subparagraph (A) or to deny visas to
        persons who would be inadmissible to the United States.
    (g) Nonimmigrant visa void at conclusion of authorized period of
      stay
      (1) In the case of an alien who has been admitted on the basis of
    a nonimmigrant visa and remained in the United States beyond the
    period of stay authorized by the Attorney General, such visa shall
    be void beginning after the conclusion of such period of stay.
      (2) An alien described in paragraph (1) shall be ineligible to be
    readmitted to the United States as a nonimmigrant, except - 
        (A) on the basis of a visa (other than the visa described in
      paragraph (1)) issued in a consular office located in the country
      of the alien's nationality (or, if there is no office in such
      country, in such other consular office as the Secretary of State
      shall specify); or
        (B) where extraordinary circumstances are found by the
      Secretary of State to exist.
    (h) In person interview with consular officer
      Notwithstanding any other provision of this chapter, the
    Secretary of State shall require every alien applying for a
    nonimmigrant visa - 
        (1) who is at least 14 years of age and not more than 79 years
      of age to submit to an in person interview with a consular
      officer unless the requirement for such interview is waived - 
          (A) by a consular official and such alien is - 
            (i) within that class of nonimmigrants enumerated in
          subparagraph (A) or (G) of section 1101(a)(15) of this title;
            (ii) within the NATO visa category;
            (iii) within that class of nonimmigrants enumerated in
          section 1101(a)(15)(C)(iii) (!3) of this title (referred to
          as the "C-3 visa" category); or

            (iv) granted a diplomatic or official visa on a diplomatic
          or official passport or on the equivalent thereof;

          (B) by a consular official and such alien is applying for a
        visa - 
            (i) not more than 12 months after the date on which such
          alien's prior visa expired;
            (ii) for the visa classification for which such prior visa
          was issued;
            (iii) from the consular post located in the country of such
          alien's usual residence, unless otherwise prescribed in
          regulations that require an applicant to apply for a visa in
          the country of which such applicant is a national; and
            (iv) the consular officer has no indication that such alien
          has not complied with the immigration laws and regulations of
          the United States; or

          (C) by the Secretary of State if the Secretary determines
        that such waiver is - 
            (i) in the national interest of the United States; or
            (ii) necessary as a result of unusual or emergent
          circumstances; and

        (2) notwithstanding paragraph (1), to submit to an in person
      interview with a consular officer if such alien - 
          (A) is not a national or resident of the country in which
        such alien is applying for a visa;
          (B) was previously refused a visa, unless such refusal was
        overcome or a waiver of ineligibility has been obtained;
          (C) is listed in the Consular Lookout and Support System (or
        successor system at the Department of State);
          (D) is a national of a country officially designated by the
        Secretary of State as a state sponsor of terrorism, except such
        nationals who possess nationalities of countries that are not
        designated as state sponsors of terrorism;
          (E) requires a security advisory opinion or other Department
        of State clearance, unless such alien is - 
            (i) within that class of nonimmigrants enumerated in
          subparagraph (A) or (G) of section 1101(a)(15) of this title;
            (ii) within the NATO visa category;
            (iii) within that class of nonimmigrants enumerated in
          section 1101(a)(15)(C)(iii) (!3) of this title (referred to
          as the "C-3 visa" category); or
            (iv) an alien who qualifies for a diplomatic or official
          visa, or its equivalent; or

          (F) is identified as a member of a group or sector that the
        Secretary of State determines - 
            (i) poses a substantial risk of submitting inaccurate
          information in order to obtain a visa;
            (ii) has historically had visa applications denied at a
          rate that is higher than the average rate of such denials; or
            (iii) poses a security threat to the United States.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 3, Sec. 222, 66 Stat. 193;
    Pub. L. 87-301, Sec. 6, Sept. 26, 1961, 75 Stat. 653; Pub. L. 89-
    236, Sec. 11(c), Oct. 3, 1965, 79 Stat. 918; Pub. L. 99-653, Sec.
    6, Nov. 14, 1986, 100 Stat. 3656; Pub. L. 100-525, Secs. 8(e),
    9(j), Oct. 24, 1988, 102 Stat. 2617, 2620; Pub. L. 103-416, title
    II, Sec. 205(a), Oct. 25, 1994, 108 Stat. 4311; Pub. L. 104-208,
    div. C, title VI, Secs. 632(a), 634, Sept. 30, 1996, 110 Stat. 3009-
    701; Pub. L. 107-56, title IV, Sec. 413, Oct. 26, 2001, 115 Stat.
    353; Pub. L. 108-458, title V, Secs. 5301(a), 5302, title VII, Sec.
    7203(b), Dec. 17, 2004, 118 Stat. 3735, 3736, 3814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-458, Sec. 7203(b)(1), inserted at
    end "All immigrant visa applications shall be reviewed and
    adjudicated by a consular officer."
      Subsec. (c). Pub. L. 108-458, Sec. 5302, inserted after second
    sentence "The alien shall provide complete and accurate information
    in response to any request for information contained in the
    application."
      Subsec. (d). Pub. L. 108-458, Sec. 7203(b)(2), inserted at end
    "All nonimmigrant visa applications shall be reviewed and
    adjudicated by a consular officer."
      Subsec. (h). Pub. L. 108-458, Sec. 5301(a), added subsec. (h).
      2001 - Subsec. (f). Pub. L. 107-56 inserted " - " after "except
    that" and "(1)" before "in the discretion", and added par. (2).
      1996 - Subsec. (c). Pub. L. 104-208, Sec. 634(a), struck out
    "personal description (including height, complexion, color of hair
    and eyes, and marks of identification);" after "United States;",
    substituted "applicant, the determination of his eligibility for a
    nonimmigrant visa," for "applicant", and inserted at end "At the
    discretion of the Secretary of State, application forms for the
    various classes of nonimmigrant admissions described in section
    1101(a)(15) of this title may vary according to the class of visa
    being requested."
      Subsec. (e). Pub. L. 104-208, Sec. 634(b), in first sentence,
    substituted "for an immigrant visa" for "required by this section",
    and in fourth sentence, substituted "stamp, or other" for "stamp"
    and struck out "by the consular officer" before "in the alien's
    passport".
      Subsec. (g). Pub. L. 104-208, Sec. 632(a), added subsec. (g).
      1994 - Subsec. (a). Pub. L. 103-416, Sec. 205(a), in second
    sentence substituted "the alien" for "the immigrant" after "In the
    application" and struck out "present address and places of previous
    residence; whether married or single, and the names and places of
    residence of spouse and children, if any; calling or occupation;
    personal description (including height, complexion, color of hair
    and eyes, and marks of identification); languages he can speak,
    read, or write; names and addresses of parents, and if neither
    parent living then the name and address of his next of kin in the
    country from which he comes; port of entry into the United States;
    final destination, if any, beyond the port of entry; whether he has
    a ticket through to such final destination; whether going to join a
    relative or friend, and, if so, the name and complete address of
    such relative or friend; the purpose for which he is going to the
    United States; the length of time he intends to remain in the
    United States; whether or not he intends to remain in the United
    States permanently; whether he was ever arrested, convicted or was
    ever in prison or almshouse; whether he has ever been the
    beneficiary of a pardon or an amnesty; whether he has ever been
    treated in an institution or hospital or other place for insanity
    or other mental disease; if he claims to be an immediate relative
    within the meaning of section 1151(b) of this title or a preference
    or special immigrant, the facts on which he bases such claim;
    whether or not he is a member of any class of individuals excluded
    from admission into the United States, or whether he claims to be
    exempt from exclusion under the immigration laws;" before "and such
    additional information".
      1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(j), substituted
    "whether or not he intends" for "whether or not be intends".
      Subsecs. (b), (e). Pub. L. 100-525, Sec. 8(e), made technical
    correction to Pub. L. 99-653, Sec. 6. See 1986 Amendment note
    below.
      1986 - Subsec. (b). Pub. L. 99-653, Sec. 6(a), as amended by Pub.
    L. 100-525, Sec. 8(e)(1), substituted "a copy of" for "two copies
    of", "immigrant; a certified copy of" for "immigrant; two certified
    copies of", "and a certified copy of" for "and two certified copies
    of", "The copy of each" for "One copy of each", and "attached to
    the" for "attached to each copy of the".
      Subsec. (e). Pub. L. 99-653, Sec. 6(b), as amended by Pub. L. 100-
    525, Sec. 8(e)(2), substituted "each application" for "each copy
    of an application", "The application for" for "One copy of the
    application for", and "the immigrant visa" for "the immigrant visa,
    and the other copy shall be disposed of as may be by regulations
    prescribed".
      1965 - Subsec. (a). Pub L. 89-236 substituted "an immediate
    relative within the meaning of section 1151 (b) of this title or a
    preference or special immigrant", for "preference quota or a
    nonquota immigrant".
      1961 - Subsecs. (a), (c). Pub. L. 87-301 struck out requirement
    to state applicant's race and ethnic classification.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-458, title V, Sec. 5303, Dec. 17, 2004, 118 Stat.
    3736, provided that: "Notwithstanding section 1086 [Pub. L. 108-458
    does not contain a section 1086] or any other provision of this Act
    [see Tables for classification], sections 5301 and 5302 [amending
    this section] shall take effect 90 days after the date of enactment
    of this Act [Dec. 17, 2004]."
      Pub. L. 108-458, title VII, Sec. 7219, Dec. 17, 2004, 118 Stat.
    3835, provided that: "Notwithstanding any other provision of this
    Act [see Tables for classification], this subtitle [subtitle B
    (Secs. 7201-7220) of title VII of Pub. L. 108-458, see Tables for
    classification] shall take effect on the date of enactment of this
    Act [Dec. 17, 2004]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 632(b) of div. C of Pub. L. 104-208 provided that:
      "(1) Visas. - Section 222(g)(1) of the Immigration and
    Nationality Act [8 U.S.C. 1202(g)(1)], as added by subsection (a),
    shall apply to a visa issued before, on, or after the date of the
    enactment of this Act [Sept. 30, 1996].
      "(2) Aliens seeking readmission. - Section 222(g)(2) of the
    Immigration and Nationality Act, as added by subsection (a), shall
    apply to any alien applying for readmission to the United States
    after the date of the enactment of this Act, except an alien
    applying for readmission on the basis on a visa that - 
        "(A) was issued before such date; and
        "(B) is not void through the application of section 222(g)(1)
      of the Immigration and Nationality Act, as added by subsection
      (a)."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 205(b) of Pub. L. 103-416 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    applications made on or after the date of the enactment of this Act
    [Oct. 25, 1994]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 8(e) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to applications for
    immigrant visas made, and visas issued, on or after Nov. 14, 1986,
    see section 23(b) of Pub. L. 99-653, set out as a note under
    section 1201 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                      SHARING OF CERTAIN INFORMATION                  
      Pub. L. 109-162, title VIII, Sec. 834, Jan. 5, 2006, 119 Stat.
    3077, provided that: "Section 222(f) of the Immigration and
    Nationality Act (8 U.S.C. 1202(f)) shall not be construed to
    prevent the sharing of information regarding a United States
    petitioner for a visa under clause (i) or (ii) of section
    101(a)(15)(K) of such Act (8 U.S.C. 1101(a)(15)(K)) for the limited
    purposes of fulfilling disclosure obligations imposed by the
    amendments made by section 832(a) [amending section 1184 of this
    title] or by section 833 [enacting section 1375a of this title],
    including reporting obligations of the Comptroller General of the
    United States under section 833(f)."

-FOOTNOTE-
    (!1) So in original.

               

    (!2) So in original. The period probably should be "; and".

    (!3) So in original. Subpar. (C) of section 1101(a)(15) does not
         contain clauses.

-End-

-CITE-
    8 USC Sec. 1203                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1203. Reentry permit

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 3, Sec. 223, 66 Stat. 194;
    Pub. L. 97-116, Sec. 6, Dec. 29, 1981, 95 Stat. 1615.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Clause (6) of section 3 of the Immigration Act of 1924, referred
    to in subsec. (a), which was classified to section 203(6) of this
    title, was repealed by section 403(a)(2) of act June 27, 1952. See
    section 1101(a)(15)(E) of this title.

-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (b). Pub. L. 97-116 substituted "two years from
    the date of issuance and shall not be renewable" for "one year from
    the date of issuance: Provided, That the Attorney General may in
    his discretion extend the validity of the permit for a period or
    periods not exceeding one year in the aggregate".

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1204                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1204. Immediate relative and special immigrant visas

-STATUTE-
      A consular officer may, subject to the limitations provided in
    section 1201 of this title, issue an immigrant visa to a special
    immigrant or immediate relative as such upon satisfactory proof,
    under regulations prescribed under this chapter, that the applicant
    is entitled to special immigrant or immediate relative status.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 3, Sec. 224, 66 Stat. 195;
    Pub. L. 89-236, Sec. 11(d), Oct. 3, 1965, 79 Stat. 918.)

-MISC1-
                                AMENDMENTS                            
      1965 - Pub. L. 89-236 struck out reference to sections 1154 and
    1155 of this title and substituted "special immigrant or immediate
    relative" for "nonquota immigrant".

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-End-

-CITE-
    8 USC Sec. 1205                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part III - Issuance of Entry Documents

-HEAD-
    Sec. 1205. Repealed.

-MISC1-
    Sec. 1205. Repealed. Pub. L. 87-301, Sec. 24(a)(2), Sept. 26, 1961,
      75 Stat. 657.
      Section, Pub. L. 85-316, Sec. 4, Sept. 11, 1957, 71 Stat. 639;
    Pub. L. 86-253, Sec. 2, Sept. 9, 1959, 73 Stat. 490; Pub. L. 86-
    648, Sec. 7, July 14, 1960, 74 Stat. 505, related to nonquota
    immigrant visas for eligible orphans.

-End-

-CITE-
    8 USC Part IV - Inspection, Apprehension, Examination,
                     Exclusion, and Removal                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
      PART IV - INSPECTION, APPREHENSION, EXAMINATION, EXCLUSION, AND
                                  REMOVAL

-End-

-CITE-
    8 USC Sec. 1221                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1221. Lists of alien and citizen passengers arriving and
      departing

-STATUTE-
    (a) Arrival manifests
      For each commercial vessel or aircraft transporting any person to
    any seaport or airport of the United States from any place outside
    the United States, it shall be the duty of an appropriate official
    specified in subsection (d) of this section to provide to any
    United States border officer (as defined in subsection (i) of this
    section) at that port manifest information about each passenger,
    crew member, and other occupant transported on such vessel or
    aircraft prior to arrival at that port.
    (b) Departure manifests
      For each commercial vessel or aircraft taking passengers on board
    at any seaport or airport of the United States, who are destined to
    any place outside the United States, it shall be the duty of an
    appropriate official specified in subsection (d) of this section to
    provide any United States border officer (as defined in subsection
    (i) of this section) before departure from such port manifest
    information about each passenger, crew member, and other occupant
    to be transported.
    (c) Contents of manifest
      The information to be provided with respect to each person listed
    on a manifest required to be provided under subsection (a) or (b)
    of this section shall include - 
        (1) complete name;
        (2) date of birth;
        (3) citizenship;
        (4) sex;
        (5) passport number and country of issuance;
        (6) country of residence;
        (7) United States visa number, date, and place of issuance,
      where applicable;
        (8) alien registration number, where applicable;
        (9) United States address while in the United States; and
        (10) such other information the Attorney General, in
      consultation with the Secretary of State, and the Secretary of
      Treasury determines as being necessary for the identification of
      the persons transported and for the enforcement of the
      immigration laws and to protect safety and national security.
    (d) Appropriate officials specified
      An appropriate official specified in this subsection is the
    master or commanding officer, or authorized agent, owner, or
    consignee, of the commercial vessel or aircraft concerned.
    (e) Deadline for requirement of electronic transmission of manifest
      information
      Not later than January 1, 2003, manifest information required to
    be provided under subsection (a) or (b) of this section shall be
    transmitted electronically by the appropriate official specified in
    subsection (d) of this section to an immigration officer.
    (f) Prohibition
      No operator of any private or public carrier that is under a duty
    to provide manifest information under this section shall be granted
    clearance papers until the appropriate official specified in
    subsection (d) of this section has complied with the requirements
    of this subsection, except that, in the case of commercial vessels
    or aircraft that the Attorney General determines are making regular
    trips to the United States, the Attorney General may, when
    expedient, arrange for the provision of manifest information of
    persons departing the United States at a later date.
    (g) Penalties against noncomplying shipments, aircraft, or carriers
      If it shall appear to the satisfaction of the Attorney General
    that an appropriate official specified in subsection (d) of this
    section, any public or private carrier, or the agent of any
    transportation line, as the case may be, has refused or failed to
    provide manifest information required by subsection (a) or (b) of
    this section, or that the manifest information provided is not
    accurate and full based on information provided to the carrier,
    such official, carrier, or agent, as the case may be, shall pay to
    the Commissioner the sum of $1,000 for each person with respect to
    whom such accurate and full manifest information is not provided,
    or with respect to whom the manifest information is not prepared as
    prescribed by this section or by regulations issued pursuant
    thereto. No commercial 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.
    (h) Waiver
      The Attorney General may waive the requirements of subsection (a)
    or (b) of this section upon such circumstances and conditions as
    the Attorney General may by regulation prescribe.
    (i) United States border officer defined
      In this section, the term "United States border officer" means,
    with respect to a particular port of entry into the United States,
    any United States official who is performing duties at that port of
    entry.
    (j) 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 231, 66 Stat. 195;
    Pub. L. 97-116, Sec. 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L.
    101-649, title V, Sec. 543(a)(1), Nov. 29, 1990, 104 Stat. 5057;
    Pub. L. 102-232, title III, Sec. 306(c)(4)(A), Dec. 12, 1991, 105
    Stat. 1752; Pub. L. 104-208, div. C, title III, Sec. 308(g)(1),
    Sept. 30, 1996, 110 Stat. 3009-622; Pub. L. 107-77, title I, Sec.
    115, Nov. 28, 2001, 115 Stat. 768; Pub. L. 107-173, title IV, Sec.
    402(a), May 14, 2002, 116 Stat. 557.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-173 added subsecs. (a) to (i), redesignated
    former subsec. (c) as (j), and struck out former subsecs. (a), (b),
    (d), and (e), which related to shipment or aircraft manifest,
    arrival, form and contents, exclusions in subsec. (a), departure,
    shipment or aircraft manifest, form and contents, and exclusions in
    subsec. (b), penalties against noncomplying shipments or aircraft
    in subsec. (d), and waiver of requirements in subsec. (e).
      2001 - Subsec. (a). Pub. L. 107-77, Sec. 115(a), amended subsec.
    (a) generally. Prior to amendment subsec. (a) read as follows:
    "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 section 1224 of this title."
      Subsec. (b). Pub. L. 107-77, Sec. 115(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows: "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 section 1224 of this title."
      Subsec. (d). Pub. L. 107-77, Sec. 115(c), directed amendment of
    heading by substituting "shipments, aircraft or carriers" for
    "shipments or aircraft" and, in text inserted ", any public or
    private carrier," after "or aircraft," in first sentence and
    substituted "vessel, aircraft, train or bus" for "vessel or
    aircraft" in second sentence.
      1996 - Subsecs. (a), (b). Pub. L. 104-208 substituted "section
    1224" for "section 1229".
      1991 - Subsec. (d). Pub. L. 102-232 substituted "Commissioner"
    for "collector of customs" after "deposit with the".
      1990 - Subsec. (d). Pub. L. 101-649 substituted "Commissioner the
    sum of $300" for "collector of customs at the port of arrival or
    departure the sum of $10".
      1981 - Subsec. (d). Pub. L. 97-116 substituted "subsection" for
    "subsections".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-173, title IV, Sec. 402(c), May 14, 2002, 116 Stat.
    559, provided that: "The amendments made by subsection (a)
    [amending this section] shall apply with respect to persons
    arriving in, or departing from, the United States on or after the
    date of enactment of this Act [May 14, 2002]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 543(c) of Pub. L. 101-649 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and sections
    1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of
    this title] shall apply to actions taken after the date of the
    enactment of this Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                        EXTENSION TO LAND CARRIERS                    
      Pub. L. 107-173, title IV, Sec. 402(b), May 14, 2002, 116 Stat.
    559, provided that:
      "(1) Study. - The President shall conduct a study regarding the
    feasibility of extending the requirements of subsections (a) and
    (b) of section 231 of the Immigration and Nationality Act (8 U.S.C.
    1221), as amended by subsection (a), to any commercial carrier
    transporting persons by land to or from the United States. The
    study shall focus on the manner in which such requirement would be
    implemented to enhance the national security of the United States
    and the efficient cross-border flow of commerce and persons.
      "(2) Report. - Not later than two years after the date of
    enactment of this Act [May 14, 2002], the President shall submit to
    Congress a report setting forth the findings of the study conducted
    under paragraph (1)."

-End-

-CITE-
    8 USC Sec. 1222                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1222. Detention of aliens for physical and mental examination

-STATUTE-
    (a) Detention of aliens
      For the purpose of determining whether aliens (including alien
    crewmen) arriving at ports of the United States belong to any of
    the classes inadmissible under this chapter, by reason of being
    afflicted with any of the diseases or mental or physical defects or
    disabilities set forth in section 1182(a) of this title, or
    whenever the Attorney General has received information showing that
    any aliens are coming from a country or have embarked at a place
    where any of such diseases are prevalent or epidemic, such aliens
    shall be detained by the Attorney General for a sufficient time to
    enable the immigration officers and medical officers to subject
    such aliens to observation and an examination sufficient to
    determine whether or not they belong to inadmissible classes.
    (b) Physical and mental examination
      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 immigration judges, 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 inadmissible under
    paragraph (1) of section 1182(a) of this title, and the services of
    interpreters shall be provided for such examination. Any alien
    certified under paragraph (1) of section 1182(a) of this title, may
    appeal to a board of medical officers of the United States Public
    Health Service, which shall be convened by the Secretary of Health
    and Human Services, and any such alien may introduce before such
    board one expert medical witness at his own cost and expense.
    (c) Certification of certain helpless aliens
      If an examining medical officer determines that an alien arriving
    in the United States is inadmissible, is helpless from sickness,
    mental or physical disability, or infancy, and is accompanied by
    another alien whose protection or guardianship may be required, the
    officer may certify such fact for purposes of applying section
    1182(a)(10)(B) of this title with respect to the other alien.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 232, 66 Stat. 196;
    Pub. L. 99-500, Sec. 101(b) [title II, Sec. 206(a), formerly Sec.
    206], Oct. 18, 1986, 100 Stat. 1783-39, 1783-56, renumbered Sec.
    206(a), Pub. L. 100-525, Sec. 4(b)(1), Oct. 24, 1988, 102 Stat.
    2615; Pub. L. 99-591, Sec. 101(b) [title II, Sec. 206], Oct. 30,
    1986, 100 Stat. 3341-39, 3341-56; Pub. L. 100-525, Sec. 4(b)(2),
    (d), Oct. 24, 1988, 102 Stat. 2615; Pub. L. 104-208, div. C, title
    III, Secs. 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H), Sept. 30, 1996,
    110 Stat. 3009-615, 3009-616, 3009-618.)

-COD-
                               CODIFICATION                           
      The text of section 1224 of this title, which was transferred to
    subsec. (b) of this section by Pub. L. 104-208, Sec. 308(b)(3)(C),
    was based on acts June 27, 1952, ch. 477, title II, ch. 4, Sec.
    234, 66 Stat. 198; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(k), 102
    Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title VI, Sec.
    603(a)(10), 104 Stat. 5083; Sept. 30, 1996, Pub. L. 104-208, div.
    C, title III, Secs. 308(b)(3)(A), (B), (d)(3)(A), 371(b)(3), 110
    Stat. 3009-615, 3009-617, 3009-645.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 308(b)(2)(B), amended section
    catchline generally.
      Pub. L. 104-208, Sec. 308(b)(2)(A), inserted "(a) Detention of
    aliens" before "For the purpose of".
      Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(H), substituted
    "inadmissible under" for "excluded by" and "inadmissible classes"
    for "the excluded classes".
      Subsec. (b). Pub. L. 104-208, Sec. 308(b)(3)(C), transferred
    section 1224 of this title to subsec. (b) of this section. See
    Codification note above.
      Subsec. (c). Pub. L. 104-208, Sec. 308(c)(2)(A), added subsec.
    (c).
      1988 - Pub. L. 100-525, Sec. 4(b)(1), (2), amended Pub. L. 99-500
    and 99-591. See 1986 Amendment note below.
      1986 - Pub. L. 99-500, Sec. 101(b) [title II, Sec. 206(a),
    formerly Sec. 206], as redesignated and amended by Pub. L. 100-525,
    Sec. 4(b)(1), (2), substituted "by the Attorney General" for "on
    board the vessel or at the airport of arrival of the aircraft
    bringing them, unless the Attorney General directs their detention
    in a United States immigration station or other place specified by
    him at the expense of such vessel or aircraft except as otherwise
    provided in this chapter, as circumstances may require or
    justify,".
      Pub. L. 99-591, Sec. 101(b) [title II, Sec. 206], a corrected
    version of Pub. L. 99-500, Sec. 101(b) [title II, Sec. 206(a)], was
    repealed by Pub. L. 100-525, Sec. 4(d), effective as of Oct. 30,
    1986.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(b)(2), (3)(C), (c)(2)(A), (d)(4)(H) of
    Pub. L. 104-208 effective, with certain transitional provisions, on
    the first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 4(c) of Pub. L. 100-525 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and sections
    1223, 1227, and 1356 of this title and enacting provisions set out
    as a note under section 1356 of this title] shall be effective as
    if they were included in the enactment of the Department of Justice
    Appropriation Act, 1987 (as contained in section 101(b) of Public
    Law 99-500)."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    DESIGNATION OF UNITED STATES MILITARY PHYSICIANS AS CIVIL SURGEONS
      Pub. L. 102-484, div. A, title X, Sec. 1079, Oct. 23, 1992, 106
    Stat. 2514, as amended by Pub. L. 104-208, div. C, title III, Sec.
    308(g)(1), Sept. 30, 1996, 110 Stat. 3009-622, provided that:
    "Notwithstanding any other provision of law, United States military
    physicians with not less than four years professional experience
    shall be considered to be civil surgeons for the purpose of the
    performance of physical examinations required under section 232(b)
    of the Immigration and Nationality Act (8 U.S.C. 1224 [8 U.S.C.
    1222(b)]) of special immigrants described in section 101(a)(27)(K)
    of such Act (8 U.S.C. 1101(a)(27)(K))."

-End-

-CITE-
    8 USC Sec. 1223                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1223. Entry through or from foreign territory and adjacent
      islands

-STATUTE-
    (a) Necessity of transportation contract
      The Attorney General shall have power to enter into contracts
    with transportation lines for the inspection and admission of
    aliens coming to the United States from foreign 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 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 section 1258 of this title.
    (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 or railroad train bringing aliens to the United
    States, to foreign territory, or to adjacent islands.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 233, formerly Sec.
    238, 66 Stat. 202; Pub. L. 99-653, Sec. 7(b), Nov. 14, 1986, 100
    Stat. 3657; renumbered Sec. 233 and amended Pub. L. 104-208, div.
    C, title III, Secs. 308(b)(4), (f)(4), 362, Sept. 30, 1996, 110
    Stat. 3009-615, 3009-622, 3009-645.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1228 of this title
    prior to renumbering by Pub. L. 104-208.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1223, act June 27, 1952, ch. 477, title II, ch.
    4, Sec. 233, 66 Stat. 197, related to examinations of aliens upon
    arrival in the United States, prior to repeal by Pub. L. 99-500,
    Sec. 101(b) [title II, Sec. 206(a), formerly Sec. 206], Oct. 18,
    1986, 100 Stat. 1783-39, 1783-56; renumbered Sec. 206(a) and
    amended Pub. L. 100-525, Sec. 4(b)(1), (3), Oct. 24, 1988, 102
    Stat. 2615.

                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 362(a)(1), amended section
    catchline.
      Subsec. (a). Pub. L. 104-208, Sec. 362(a)(2), struck out
    "contiguous" after "foreign".
      Pub. L. 104-208, Sec. 308(f)(4), substituted "inspection and
    admission" for "entry and inspection".
      Subsec. (b). Pub. L. 104-208, Sec. 362(a)(2), struck out
    "contiguous" after "foreign".
      Subsec. (d). Pub. L. 104-208, Sec. 362(b), inserted "or railroad
    train" after "aircraft".
      Pub. L. 104-208, Sec. 362(a)(2), struck out "contiguous" after
    "foreign".
      1986 - Pub. L. 99-653 struck out subsec. (a) which authorized the
    Attorney General to enter into contracts with transportation lines
    for the entry and inspection of aliens and to prescribe
    regulations, and redesignated subsecs. (b) to (e) as (a) to (d),
    respectively.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(b)(4), (f)(4) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to visas issued, and
    admissions occurring, on or after Nov. 14, 1986, see section 23(a)
    of Pub. L. 99-653, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1224                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1224. Designation of ports of entry for aliens arriving by
      aircraft

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 234, formerly Sec.
    239, 66 Stat. 203; Pub. L. 101-649, title V, Sec. 543(a)(3), Nov.
    29, 1990, 104 Stat. 5058; Pub. L. 102-232, title III, Sec.
    306(c)(2), Dec. 12, 1991, 105 Stat. 1752; renumbered Sec. 234, Pub.
    L. 104-208, div. C, title III, Sec. 304(a)(1), Sept. 30, 1996, 110
    Stat. 3009-587.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1229 of this title
    prior to renumbering by Pub. L. 104-208.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1224, act June 27, 1952, ch. 477, title II, ch.
    4, Sec. 234, 66 Stat. 198, as amended, which related to physical
    and mental examinations, was renumbered section 232(b) of act June
    27, 1952, by Pub. L. 104-208, div. C, title III, Sec. 308(b)(3),
    Sept. 30, 1996, 110 Stat. 3009-615, and was transferred to section
    1222(b) of this title.

                                AMENDMENTS                            
      1991 - Pub. L. 102-232 made technical correction to directory
    language of Pub. L. 101-649. See 1990 Amendment note below.
      1990 - Pub. L. 101-649, as amended by Pub. L. 102-232,
    substituted "$2,000" for "$500" in two places.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1225                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1225. Inspection by immigration officers; expedited removal of
      inadmissible arriving aliens; referral for hearing

-STATUTE-
    (a) Inspection
      (1) Aliens treated as applicants for admission
        An alien present in the United States who has not been admitted
      or who arrives in the United States (whether or not at a
      designated port of arrival and including an alien who is brought
      to the United States after having been interdicted in
      international or United States waters) shall be deemed for
      purposes of this chapter an applicant for admission.
      (2) Stowaways
        An arriving alien who is a stowaway is not eligible to apply
      for admission or to be admitted and shall be ordered removed upon
      inspection by an immigration officer. Upon such inspection if the
      alien indicates an intention to apply for asylum under section
      1158 of this title or a fear of persecution, the officer shall
      refer the alien for an interview under subsection (b)(1)(B) of
      this section. A stowaway may apply for asylum only if the
      stowaway is found to have a credible fear of persecution under
      subsection (b)(1)(B) of this section. In no case may a stowaway
      be considered an applicant for admission or eligible for a
      hearing under section 1229a of this title.
      (3) Inspection
        All aliens (including alien crewmen) who are applicants for
      admission or otherwise seeking admission or readmission to or
      transit through the United States shall be inspected by
      immigration officers.
      (4) Withdrawal of application for admission
        An alien applying for admission may, in the discretion of the
      Attorney General and at any time, be permitted to withdraw the
      application for admission and depart immediately from the United
      States.
      (5) Statements
        An applicant for admission may be required to state under oath
      any information sought by an immigration officer regarding the
      purposes and intentions of the applicant in seeking admission to
      the United States, including the applicant's intended length of
      stay and whether the applicant intends to remain permanently or
      become a United States citizen, and whether the applicant is
      inadmissible.
    (b) Inspection of applicants for admission
      (1) Inspection of aliens arriving in the United States and
        certain other aliens who have not been admitted or paroled
        (A) Screening
          (i) In general
            If an immigration officer determines that an alien (other
          than an alien described in subparagraph (F)) who is arriving
          in the United States or is described in clause (iii) is
          inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of
          this title, the officer shall order the alien removed from
          the United States without further hearing or review unless
          the alien indicates either an intention to apply for asylum
          under section 1158 of this title or a fear of persecution.
          (ii) Claims for asylum
            If an immigration officer determines that an alien (other
          than an alien described in subparagraph (F)) who is arriving
          in the United States or is described in clause (iii) is
          inadmissible under section 1182(a)(6)(C) or 1182(a)(7) of
          this title and the alien indicates either an intention to
          apply for asylum under section 1158 of this title or a fear
          of persecution, the officer shall refer the alien for an
          interview by an asylum officer under subparagraph (B).
          (iii) Application to certain other aliens
            (I) In general
              The Attorney General may apply clauses (i) and (ii) of
            this subparagraph to any or all aliens described in
            subclause (II) as designated by the Attorney General. Such
            designation shall be in the sole and unreviewable
            discretion of the Attorney General and may be modified at
            any time.
            (II) Aliens described
              An alien described in this clause is an alien who is not
            described in subparagraph (F), who has not been admitted or
            paroled into the United States, and who has not
            affirmatively shown, to the satisfaction of an immigration
            officer, that the alien has been physically present in the
            United States continuously for the 2-year period
            immediately prior to the date of the determination of
            inadmissibility under this subparagraph.
        (B) Asylum interviews
          (i) Conduct by asylum officers
            An asylum officer shall conduct interviews of aliens
          referred under subparagraph (A)(ii), either at a port of
          entry or at such other place designated by the Attorney
          General.
          (ii) Referral of certain aliens
            If the officer determines at the time of the interview that
          an alien has a credible fear of persecution (within the
          meaning of clause (v)), the alien shall be detained for
          further consideration of the application for asylum.
          (iii) Removal without further review if no credible fear of
            persecution
            (I) In general
              Subject to subclause (III), if the officer determines
            that an alien does not have a credible fear of persecution,
            the officer shall order the alien removed from the United
            States without further hearing or review.
            (II) Record of determination
              The officer shall prepare a written record of a
            determination under subclause (I). Such record shall
            include a summary of the material facts as stated by the
            applicant, such additional facts (if any) relied upon by
            the officer, and the officer's analysis of why, in the
            light of such facts, the alien has not established a
            credible fear of persecution. A copy of the officer's
            interview notes shall be attached to the written summary.
            (III) Review of determination
              The Attorney General shall provide by regulation and upon
            the alien's request for prompt review by an immigration
            judge of a determination under subclause (I) that the alien
            does not have a credible fear of persecution. Such review
            shall include an opportunity for the alien to be heard and
            questioned by the immigration judge, either in person or by
            telephonic or video connection. Review shall be concluded
            as expeditiously as possible, to the maximum extent
            practicable within 24 hours, but in no case later than 7
            days after the date of the determination under subclause
            (I).
            (IV) Mandatory detention
              Any alien subject to the procedures under this clause
            shall be detained pending a final determination of credible
            fear of persecution and, if found not to have such a fear,
            until removed.
          (iv) Information about interviews
            The Attorney General shall provide information concerning
          the asylum interview described in this subparagraph to aliens
          who may be eligible. An alien who is eligible for such
          interview may consult with a person or persons of the alien's
          choosing prior to the interview or any review thereof,
          according to regulations prescribed by the Attorney General.
          Such consultation shall be at no expense to the Government
          and shall not unreasonably delay the process.
          (v) "Credible fear of persecution" defined
            For purposes of this subparagraph, the term "credible fear
          of persecution" means that there is a significant
          possibility, taking into account the credibility of the
          statements made by the alien in support of the alien's claim
          and such other facts as are known to the officer, that the
          alien could establish eligibility for asylum under section
          1158 of this title.
        (C) Limitation on administrative review
          Except as provided in subparagraph (B)(iii)(III), a removal
        order entered in accordance with subparagraph (A)(i) or
        (B)(iii)(I) is not subject to administrative appeal, except
        that the Attorney General shall provide by regulation for
        prompt review of such an order under subparagraph (A)(i)
        against an alien who claims under oath, or as permitted under
        penalty of perjury under section 1746 of title 28, after having
        been warned of the penalties for falsely making such claim
        under such conditions, to have been lawfully admitted for
        permanent residence, to have been admitted as a refugee under
        section 1157 of this title, or to have been granted asylum
        under section 1158 of this title.
        (D) Limit on collateral attacks
          In any action brought against an alien under section 1325(a)
        of this title or section 1326 of this title, the court shall
        not have jurisdiction to hear any claim attacking the validity
        of an order of removal entered under subparagraph (A)(i) or
        (B)(iii).
        (E) "Asylum officer" defined
          As used in this paragraph, the term "asylum officer" means an
        immigration officer who - 
            (i) has had professional training in country conditions,
          asylum law, and interview techniques comparable to that
          provided to full-time adjudicators of applications under
          section 1158 of this title, and
            (ii) is supervised by an officer who meets the condition
          described in clause (i) and has had substantial experience
          adjudicating asylum applications.
        (F) Exception
          Subparagraph (A) shall not apply to an alien who is a native
        or citizen of a country in the Western Hemisphere with whose
        government the United States does not have full diplomatic
        relations and who arrives by aircraft at a port of entry.
      (2) Inspection of other aliens
        (A) In general
          Subject to subparagraphs (B) and (C), in the case of an alien
        who is an applicant for admission, if the examining immigration
        officer determines that an alien seeking admission is not
        clearly and beyond a doubt entitled to be admitted, the alien
        shall be detained for a proceeding under section 1229a of this
        title.
        (B) Exception
          Subparagraph (A) shall not apply to an alien - 
            (i) who is a crewman,
            (ii) to whom paragraph (1) applies, or
            (iii) who is a stowaway.
        (C) Treatment of aliens arriving from contiguous territory
          In the case of an alien described in subparagraph (A) who is
        arriving on land (whether or not at a designated port of
        arrival) from a foreign territory contiguous to the United
        States, the Attorney General may return the alien to that
        territory pending a proceeding under section 1229a of this
        title.
      (3) Challenge of decision
        The decision of the examining immigration officer, if favorable
      to the admission of any alien, shall be subject to challenge by
      any other immigration officer and such challenge shall operate to
      take the alien whose privilege to be admitted is so challenged,
      before an immigration judge for a proceeding under section 1229a
      of this title.
    (c) Removal of aliens inadmissible on security and related grounds
      (1) Removal without further hearing
        If an immigration officer or an immigration judge suspects that
      an arriving alien may be inadmissible under subparagraph (A)
      (other than clause (ii)), (B), or (C) of section 1182(a)(3) of
      this title, the officer or judge shall - 
          (A) order the alien removed, subject to review under
        paragraph (2);
          (B) report the order of removal to the Attorney General; and
          (C) not conduct any further inquiry or hearing until ordered
        by the Attorney General.
      (2) Review of order
        (A) The Attorney General shall review orders issued under
      paragraph (1).
        (B) If the Attorney General - 
          (i) is satisfied on the basis of confidential information
        that the alien is inadmissible under subparagraph (A) (other
        than clause (ii)), (B), or (C) of section 1182(a)(3) of this
        title, and
          (ii) after consulting with appropriate security agencies of
        the United States Government, concludes that disclosure of the
        information would be prejudicial to the public interest,
        safety, or security,

      the Attorney General may order the alien removed without further
      inquiry or hearing by an immigration judge.
        (C) If the Attorney General does not order the removal of the
      alien under subparagraph (B), the Attorney General shall specify
      the further inquiry or hearing that shall be conducted in the
      case.
      (3) Submission of statement and information
        The alien or the alien's representative may submit a written
      statement and additional information for consideration by the
      Attorney General.
    (d) Authority relating to inspections
      (1) Authority to search conveyances
        Immigration officers are authorized 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.
      (2) Authority to order detention and delivery of arriving aliens
        Immigration officers are authorized to order an owner, agent,
      master, commanding officer, person in charge, purser, or
      consignee of a vessel or aircraft bringing an alien (except an
      alien crewmember) to the United States - 
          (A) to detain the alien on the vessel or at the airport of
        arrival, and
          (B) to deliver the alien to an immigration officer for
        inspection or to a medical officer for examination.
      (3) Administration of oath and consideration of evidence
        The Attorney General and any immigration officer 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, transit
      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.
      (4) Subpoena authority
        (A) The Attorney General and any immigration officer shall have
      power to require by subpoena the attendance and testimony of
      witnesses before immigration officers and the production of
      books, papers, and documents relating to the privilege of any
      person to enter, reenter, reside in, or pass through 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 to that end may invoke the aid of any court of the
      United States.
        (B) Any United States district court within the jurisdiction of
      which investigations or inquiries are being conducted by an
      immigration officer may, in the event of neglect or refusal to
      respond to a subpoena issued under this paragraph or refusal to
      testify before an immigration officer, issue an order requiring
      such persons to appear before an immigration officer, produce
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 235, 66 Stat. 198;
    Pub. L. 101-649, title VI, Sec. 603(a)(11), Nov. 29, 1990, 104
    Stat. 5083; Pub. L. 104-132, title IV, Secs. 422(a), 423(b), Apr.
    24, 1996, 110 Stat. 1270, 1272; Pub. L. 104-208, div. C, title III,
    Secs. 302(a), 308(d)(5), 371(b)(4), Sept. 30, 1996, 110 Stat. 3009-
    579, 3009-619, 3009-645.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 302(a), amended section generally,
    revising and restating former subsecs. (a) to (d) relating to
    inspection of aliens arriving in the United States, powers of
    immigration officers, detention of aliens for further inquiry,
    temporary and permanent exclusion of aliens, and collateral attacks
    on orders of exclusion and deportation.
      Pub. L. 104-208, Sec. 371(b)(4), substituted "an immigration
    judge" for "a special inquiry officer", "immigration judge" for
    "special inquiry officer", and "immigration judges" for "special
    inquiry officers", wherever appearing in subsecs. (a) to (c).
      Subsec. (b). Pub. L. 104-132, Sec. 422(a), which directed the
    general amendment of subsec. (b) by substituting pars. (1) to (3)
    relating to asylum interviews and hearings, detention for further
    inquiry, and challenges of favorable decisions, for former subsec.
    (b) consisting of single par., was repealed by Pub. L. 104-208,
    Sec. 308(d)(5). See Construction of 1996 Amendment note below.
      Subsec. (d). Pub. L. 104-132, Sec. 423(b), added subsec. (d)
    which read as follows: "In any action brought for the assessment of
    penalties for improper entry or re-entry of an alien under section
    1325 or section 1326 of this title, no court shall have
    jurisdiction to hear claims collaterally attacking the validity of
    orders of exclusion, special exclusion, or deportation entered
    under this section or sections 1226 and 1252 of this title."
      1990 - Subsec. (c). Pub. L. 101-649 substituted "subparagraph (A)
    (other than clause (ii)), (B), or (C) of section 1182(a)(3) of this
    title" for "paragraph (27), (28), or (29) of section 1182(a) of
    this title".

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by section 302(a) of Pub. L. 104-208 effective, with
    certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Section 308(d)(5) of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as of Apr. 24, 1996.
    See Construction of 1996 Amendment note below.
      Amendment by section 371(b)(4) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Section 422(c) of Pub. L. 104-132, which provided that the
    amendments made by section 422 of Pub. L. 104-132 [amending this
    section and former section 1227 of this title] were to take effect
    on the first day of the first month that began more than 180 days
    after Apr. 24, 1996, was repealed by Pub. L. 104-208, div. C, title
    III, Sec. 308(d)(5), Sept. 30, 1996, 110 Stat. 3009-619. See
    Construction of 1996 Amendment note below.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                      CONSTRUCTION OF 1996 AMENDMENT                  
      Section 308(d)(5) of div. C of Pub. L. 104-208 provided that:
    "Effective as of the date of the enactment of the Antiterrorism and
    Effective Death Penalty Act of 1996 [Pub. L. 104-132, approved Apr.
    24, 1996], section 422 of such Act [amending this section and
    section 1227 of this title, and enacting provisions set out as a
    note above] is repealed and the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.] shall be applied as if such section had not
    been enacted."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
          GAO STUDY ON OPERATION OF EXPEDITED REMOVAL PROCEDURES      
      Section 302(b) of div. C of Pub. L. 104-208 provided that:
      "(1) Study. - The Comptroller General shall conduct a study on
    the implementation of the expedited removal procedures under
    section 235(b)(1) of the Immigration and Nationality Act [8 U.S.C.
    1225(b)(1)], as amended by subsection (a). The study shall examine -
     
        "(A) the effectiveness of such procedures in deterring illegal
      entry,
        "(B) the detention and adjudication resources saved as a result
      of the procedures,
        "(C) the administrative and other costs expended to comply with
      the provision,
        "(D) the effectiveness of such procedures in processing asylum
      claims by undocumented aliens who assert a fear of persecution,
      including the accuracy of credible fear determinations, and
        "(E) the cooperation of other countries and air carriers in
      accepting and returning aliens removed under such procedures.
      "(2) Report. - By not later than 18 months after the date of the
    enactment of this Act [Sept. 30, 1996], the Comptroller General
    shall submit to the Committees on the Judiciary of the House of
    Representatives and the Senate a report on the study conducted
    under paragraph (1)."

    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of this chapter, any reference in law to an order of
    removal is deemed to include a reference to an order of exclusion
    and deportation or an order of deportation, see section 309(d)(2)
    of Pub. L. 104-208, set out in an Effective Date of 1996 Amendments
    note under section 1101 of this title.

-End-

-CITE-
    8 USC Sec. 1225a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1225a. Preinspection at foreign airports

-STATUTE-
    (a) Establishment of preinspection stations
      (1) New stations. - Subject to paragraph (5), not later than
    October 31, 1998, the Attorney General, in consultation with the
    Secretary of State, shall establish and maintain preinspection
    stations in at least 5 of the foreign airports that are among the
    10 foreign airports which the Attorney General identifies as
    serving as last points of departure for the greatest numbers of
    inadmissible alien passengers who arrive from abroad by air at
    ports of entry within the United States. Such preinspection
    stations shall be in addition to any preinspection stations
    established prior to September 30, 1996.
      (2) Report. - Not later than October 31, 1998, the Attorney
    General shall report to the Committees on the Judiciary of the
    House of Representatives and of the Senate on the implementation of
    paragraph (1).
      (3) Data collection. - Not later than November 1, 1997, and each
    subsequent November 1, the Attorney General shall compile data
    identifying - 
        (A) the foreign airports which served as last points of
      departure for aliens who arrived by air at United States ports of
      entry without valid documentation during the preceding fiscal
      years;
        (B) the number and nationality of such aliens arriving from
      each such foreign airport; and
        (C) the primary routes such aliens followed from their country
      of origin to the United States.

      (4) Subject to paragraph (5), not later than January 1, 2008, the
    Secretary of Homeland Security, in consultation with the Secretary
    of State, shall establish preinspection stations in at least 25
    additional foreign airports, which the Secretary of Homeland
    Security, in consultation with the Secretary of State, determines,
    based on the data compiled under paragraph (3) and such other
    information as may be available, would most effectively facilitate
    the travel of admissible aliens and reduce the number of
    inadmissible aliens, especially aliens who are potential
    terrorists, who arrive from abroad by air at points of entry within
    the United States. Such preinspection stations shall be in addition
    to those established before September 30, 1996, or pursuant to
    paragraph (1).
      (5) Conditions. - Prior to the establishment of a preinspection
    station, the Attorney General, in consultation with the Secretary
    of State, shall ensure that - 
        (A) employees of the United States stationed at the
      preinspection station and their accompanying family members will
      receive appropriate protection;
        (B) such employees and their families will not be subject to
      unreasonable risks to their welfare and safety; and
        (C) the country in which the preinspection station is to be
      established maintains practices and procedures with respect to
      asylum seekers and refugees in accordance with the Convention
      Relating to the Status of Refugees (done at Geneva, July 28,
      1951), or the Protocol Relating to the Status of Refugees (done
      at New York, January 31, 1967), or that an alien in the country
      otherwise has recourse to avenues of protection from return to
      persecution.
    (b) Establishment of carrier consultant program and immigration
      security initiative
      The Secretary of Homeland Security shall assign additional
    immigration officers to assist air carriers in the detection of
    fraudulent documents at foreign airports which, based on the
    records maintained pursuant to subsection (a)(3) of this section,
    served as a point of departure for a significant number of arrivals
    at United States ports of entry without valid documentation, but
    where no preinspection station exists. Beginning not later than
    December 31, 2006, the number of airports selected for an
    assignment under this subsection shall be at least 50.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 235A, as added Pub.
    L. 104-208, div. C, title I, Sec. 123(a), Sept. 30, 1996, 110 Stat.
    3009-560; amended Pub. L. 108-458, title VII, Secs. 7206(a),
    7210(d)(1), Dec. 17, 2004, 118 Stat. 3817, 3825.)

-COD-
                               CODIFICATION                           
      September 30, 1996, referred to in subsec. (a)(1), was in the
    original "the date of the enactment of such Act", which was
    translated as meaning the date of enactment of Pub. L. 104-208,
    which enacted this section, to reflect the probable intent of
    Congress.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(4). Pub. L. 108-458, Sec. 7210(d)(1), amended
    par. (4) generally. Prior to amendment, par. (4) read as follows:
    "(4) Additional stations. - Subject to paragraph (5), not later
    than October 31, 2000, the Attorney General, in consultation with
    the Secretary of State, shall establish preinspection stations in
    at least 5 additional foreign airports which the Attorney General,
    in consultation with the Secretary of State, determines, based on
    the data compiled under paragraph (3) and such other information as
    may be available, would most effectively reduce the number of
    aliens who arrive from abroad by air at points of entry within the
    United States who are inadmissible to the United States. Such
    preinspection stations shall be in addition to those established
    prior to September 30, 1996, or pursuant to paragraph (1)."
      Subsec. (b). Pub. L. 108-458, Sec. 7206(a), inserted "and
    immigration security initiative" after "program" in heading,
    substituted "Secretary of Homeland Security" for "Attorney General"
    in text, and inserted at end "Beginning not later than December 31,
    2006, the number of airports selected for an assignment under this
    subsection shall be at least 50."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     EXCHANGE OF TERRORIST INFORMATION AND INCREASED PREINSPECTION AT
                             FOREIGN AIRPORTS
      Pub. L. 108-458, title VII, Sec. 7210(a), (b), Dec. 17, 2004, 118
    Stat. 3824, provided that:
      "(a) Findings. - Consistent with the report of the National
    Commission on Terrorist Attacks Upon the United States, Congress
    makes the following findings:
        "(1) The exchange of terrorist information with other
      countries, consistent with privacy requirements, along with
      listings of lost and stolen passports, will have immediate
      security benefits.
        "(2) The further away from the borders of the United States
      that screening occurs, the more security benefits the United
      States will gain.
      "(b) Sense of Congress. - It is the sense of Congress that - 
        "(1) the Federal Government should exchange terrorist
      information with trusted allies;
        "(2) the Federal Government should move toward real-time
      verification of passports with issuing authorities;
        "(3) where practicable, the Federal Government should conduct
      screening before a passenger departs on a flight destined for the
      United States;
        "(4) the Federal Government should work with other countries to
      ensure effective inspection regimes at all airports;
        "(5) the Federal Government should work with other countries to
      improve passport standards and provide foreign assistance to
      countries that need help making the transition to the global
      standard for identification; and
        "(6) the Department of Homeland Security, in coordination with
      the Department of State and other Federal agencies, should
      implement the initiatives called for in this subsection."

-End-

-CITE-
    8 USC Sec. 1226                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1226. Apprehension and detention of aliens

-STATUTE-
    (a) Arrest, detention, and release
      On a warrant issued by the Attorney General, an alien may be
    arrested and detained pending a decision on whether the alien is to
    be removed from the United States. Except as provided in subsection
    (c) of this section and pending such decision, the Attorney General
    - 
        (1) may continue to detain the arrested alien; and
        (2) may release the alien on - 
          (A) bond of at least $1,500 with security approved by, and
        containing conditions prescribed by, the Attorney General; or
          (B) conditional parole; but

        (3) may not provide the alien with work authorization
      (including an "employment authorized" endorsement or other
      appropriate work permit), unless the alien is lawfully admitted
      for permanent residence or otherwise would (without regard to
      removal proceedings) be provided such authorization.
    (b) Revocation of bond or parole
      The Attorney General at any time may revoke a bond or parole
    authorized under subsection (a) of this section, rearrest the alien
    under the original warrant, and detain the alien.
    (c) Detention of criminal aliens
      (1) Custody
        The Attorney General shall take into custody any alien who - 
          (A) is inadmissible by reason of having committed any offense
        covered in section 1182(a)(2) of this title,
          (B) is deportable by reason of having committed any offense
        covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or
        (D) of this title,
          (C) is deportable under section 1227(a)(2)(A)(i) of this
        title on the basis of an offense for which the alien has been
        sentence (!1) to a term of imprisonment of at least 1 year, or

          (D) is inadmissible under section 1182(a)(3)(B) of this title
        or deportable under section 1227(a)(4)(B) of this title,

      when the alien is released, without regard to whether the alien
      is released on parole, supervised release, or probation, and
      without regard to whether the alien may be arrested or imprisoned
      again for the same offense.
      (2) Release
        The Attorney General may release an alien described in
      paragraph (1) only if the Attorney General decides pursuant to
      section 3521 of title 18 that release of the alien from custody
      is necessary to provide protection to a witness, a potential
      witness, a person cooperating with an investigation into major
      criminal activity, or an immediate family member or close
      associate of a witness, potential witness, or person cooperating
      with such an investigation, and the alien satisfies the Attorney
      General that the alien will not pose a danger to the safety of
      other persons or of property and is likely to appear for any
      scheduled proceeding. A decision relating to such release shall
      take place in accordance with a procedure that considers the
      severity of the offense committed by the alien.
    (d) Identification of criminal aliens
      (1) The Attorney General shall devise and implement a system - 
        (A) 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;
        (B) to designate and train officers and employees of the
      Service 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
        (C) which uses computer resources to maintain a current record
      of aliens who have been convicted of an aggravated felony, and
      indicates those who have been removed.

      (2) The record under paragraph (1)(C) shall be made available - 
        (A) to inspectors at ports of entry and to border patrol agents
      at sector headquarters for purposes of immediate identification
      of any alien who was previously ordered removed and is seeking to
      reenter the United States, and
        (B) to officials of the Department of State for use in its
      automated visa lookout system.

      (3) Upon the request of the governor or chief executive officer
    of any State, the Service shall provide assistance to State courts
    in the identification of aliens unlawfully present in the United
    States pending criminal prosecution.
    (e) Judicial review
      The Attorney General's discretionary judgment regarding the
    application of this section shall not be subject to review. No
    court may set aside any action or decision by the Attorney General
    under this section regarding the detention or release of any alien
    or the grant, revocation, or denial of bond or parole.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 236, 66 Stat. 200;
    Pub. L. 101-649, title V, Sec. 504(b), title VI, Sec. 603(a)(12),
    Nov. 29, 1990, 104 Stat. 5050, 5083; Pub. L. 102-232, title III,
    Sec. 306(a)(5), Dec. 12, 1991, 105 Stat. 1751; Pub. L. 104-208,
    div. C, title III, Secs. 303(a), 371(b)(5), Sept. 30, 1996, 110
    Stat. 3009-585, 3009-645.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 303(a), amended section generally.
    Prior to amendment, section consisted of subsecs. (a) to (e)
    related to proceedings to determine whether aliens detained under
    section 1225 of this title should be allowed to enter or should be
    excluded and deported.
      Subsecs. (a) to (d). Pub. L. 104-208, Sec. 371(b)(5), substituted
    "An immigration judge" for "A special inquiry officer", "an
    immigration judge" for "a special inquiry officer", and
    "immigration judge" for "special inquiry officer", wherever
    appearing.
      1991 - Subsec. (e)(1). Pub. L. 102-232 substituted "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)" for "upon completion of the alien's sentence for
    such conviction".
      1990 - Subsec. (d). Pub. L. 101-649, Sec. 603(a)(12), substituted
    "has a disease, illness, or addiction which would make the alien
    excludable under paragraph (1) of section 1182(a) of this title"
    for "is afflicted with a disease specified in section 1182(a)(6) of
    this title, or with any mental disease, defect, or disability which
    would bring such alien within any of the classes excluded from
    admission to the United States under paragraphs (1) to (4) or (5)
    of section 1182(a) of this title" and struck out at end "If an
    alien is excluded by a special inquiry officer because of the
    existence of a physical disease, defect, or disability, other than
    one specified in section 1182(a)(6) of this title, the alien may
    appeal from the excluding decision in accordance with subsection
    (b) of this section, and the provisions of section 1183 of this
    title may be invoked."
      Subsec. (e). Pub. L. 101-649, Sec. 504(b), added subsec. (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 303(b) of subtitle A of title III of div. C of Pub. L.
    104-208 provided that:
      "(1) In general. - The amendment made by subsection (a) [amending
    this section] shall become effective on the title III-A effective
    date [see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title].
      "(2) Notification regarding custody. - If the Attorney General,
    not later than 10 days after the date of the enactment of this Act
    [Sept. 30, 1996], notifies in writing the Committees on the
    Judiciary of the House of Representatives and the Senate that there
    is insufficient detention space and Immigration and Naturalization
    Service personnel available to carry out section 236(c) of the
    Immigration and Nationality Act [8 U.S.C. 1226(c)], as amended by
    subsection (a), or the amendments made by section 440(c) of Public
    Law 104-132 [amending section 1252 of this title], the provisions
    in paragraph (3) shall be in effect for a 1-year period beginning
    on the date of such notification, instead of such section or such
    amendments. [The Attorney General so notified the committees on
    Oct. 9, 1996.] The Attorney General may extend such 1-year period
    for an additional year if the Attorney General provides the same
    notice not later than 10 days before the end of the first 1-year
    period. After the end of such 1-year or 2-year periods, the
    provisions of such section 236(c) shall apply to individuals
    released after such periods.
      "(3) Transition period custody rules. - 
        "(A) In general. - During the period in which this paragraph is
      in effect pursuant to paragraph (2), the Attorney General shall
      take into custody any alien who - 
          "(i) has been convicted of an aggravated felony (as defined
        under section 101(a)(43) of the Immigration and Nationality Act
        [8 U.S.C. 1101(a)(43)], as amended by section 321 of this
        division),
          "(ii) is inadmissible by reason of having committed any
        offense covered in section 212(a)(2) of such Act [8 U.S.C.
        1182(a)(2)],
          "(iii) is deportable by reason of having committed any
        offense covered in section 241(a)(2)(A)(ii), (A)(iii), (B),
        (C), or (D) of such Act [former 8 U.S.C. 1251(a)(2)(A)(ii),
        (A)(iii), (B), (C), (D)] (before redesignation under this
        subtitle), or
          "(iv) is inadmissible under section 212(a)(3)(B) of such Act
        or deportable under section 241(a)(4)(B) of such Act (before
        redesignation under this subtitle),
      when the alien is released, without regard to whether the alien
      is released on parole, supervised release, or probation, and
      without regard to whether the alien may be arrested or imprisoned
      again for the same offense.
        "(B) Release. - The Attorney General may release the alien only
      if the alien is an alien described in subparagraph (A)(ii) or
      (A)(iii) and - 
          "(i) the alien was lawfully admitted to the United States and
        satisfies the Attorney General that the alien will not pose a
        danger to the safety of other persons or of property and is
        likely to appear for any scheduled proceeding, or
          "(ii) the alien was not lawfully admitted to the United
        States, cannot be removed because the designated country of
        removal will not accept the alien, and satisfies the Attorney
        General that the alien will not pose a danger to the safety of
        other persons or of property and is likely to appear for any
        scheduled proceeding."
      Amendment by section 371(b)(5) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 603(a)(12) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     IDENTIFICATION OF CERTAIN DEPORTABLE ALIENS AWAITING ARRAIGNMENT 
      Pub. L. 105-141, Dec. 5, 1997, 111 Stat. 2647, provided that:

      "SECTION 1. PROGRAM OF IDENTIFICATION OF CERTAIN DEPORTABLE
        ALIENS AWAITING ARRAIGNMENT.
      "(a) Establishment of Program. - Not later than 6 months after
    the date of the enactment of this Act [Dec. 5, 1997], and subject
    to such amounts as are provided in appropriations Acts, the
    Attorney General shall establish and implement a program to
    identify, from among the individuals who are incarcerated in local
    governmental incarceration facilities prior to arraignment on
    criminal charges, those individuals who are within 1 or more of the
    following classes of deportable aliens:
        "(1) Aliens unlawfully present in the United States.
        "(2) Aliens described in paragraph (2) or (4) of section 237(a)
      of the Immigration and Nationality Act [8 U.S.C. 1227(a)(2), (4)]
      (as redesignated by section 305(a)(2) of the Illegal Immigration
      Reform and Immigrant Responsibility Act of 1996).
      "(b) Description of Program. - The program authorized by
    subsection (a) shall include - 
        "(1) the detail, to each incarceration facility selected under
      subsection (c), of at least one employee of the Immigration and
      Naturalization Service who has expertise in the identification of
      aliens described in subsection (a); and
        "(2) provision of funds sufficient to provide for - 
          "(A) the detail of such employees to each selected facility
        on a full-time basis, including the portions of the day or
        night when the greatest number of individuals are incarcerated
        prior to arraignment;
          "(B) access for such employees to records of the Service and
        other Federal law enforcement agencies that are necessary to
        identify such aliens; and
          "(C) in the case of an individual identified as such an
        alien, pre-arraignment reporting to the court regarding the
        Service's intention to remove the alien from the United States.
      "(c) Selection of Facilities. - 
        "(1) In general. - The Attorney General shall select for
      participation in the program each incarceration facility that
      satisfies the following requirements:
          "(A) The facility is owned by the government of a local
        political subdivision described in clause (i) or (ii) of
        subparagraph (C).
          "(B) Such government has submitted a request for such
        selection to the Attorney General.
          "(C) The facility is located - 
            "(i) in a county that is determined by the Attorney General
          to have a high concentration of aliens described in
          subsection (a); or
            "(ii) in a city, town, or other analogous local political
          subdivision, that is determined by the Attorney General to
          have a high concentration of such aliens (but only in the
          case of a facility that is not located in a county).
          "(D) The facility incarcerates or processes individuals prior
        to their arraignment on criminal charges.
        "(2) Number of qualifying subdivisions. - For any fiscal year,
      the total number of local political subdivisions determined under
      clauses (i) and (ii) of paragraph (1)(C) to meet the standard in
      such clauses shall be the following:
          "(A) For fiscal year 1999, not less than 10 and not more than
        25.
          "(B) For fiscal year 2000, not less than 25 and not more than
        50.
          "(C) For fiscal year 2001, not more than 75.
          "(D) For fiscal year 2002, not more than 100.
          "(E) For fiscal year 2003 and subsequent fiscal years, 100,
        or such other number of political subdivisions as may be
        specified in appropriations Acts.
        "(3) Facilities in interior states. - For any fiscal year, of
      the local political subdivisions determined under clauses (i) and
      (ii) of paragraph (1)(C) to meet the standard in such clauses,
      not less than 20 percent shall be in States that are not
      contiguous to a land border.
        "(4) Treatment of certain facilities. - All of the
      incarceration facilities within the county of Orange, California,
      and the county of Ventura, California, that are owned by the
      government of a local political subdivision, and satisfy the
      requirements of paragraph (1)(D), shall be selected for
      participation in the program.

      "SEC. 2. STUDY AND REPORT.
      "Not later than 1 year after the date of the enactment of this
    Act [Dec. 5, 1997], the Attorney General shall complete a study,
    and submit a report to the Congress, concerning the logistical and
    technological feasibility of implementing the program under section
    1 in a greater number of locations than those selected under such
    section through - 
        "(1) the assignment of a single Immigration and Naturalization
      Service employee to more than 1 incarceration facility; and
        "(2) the development of a system to permit the Attorney General
      to conduct off-site verification, by computer or other electronic
      means, of the immigration status of individuals who are
      incarcerated in local governmental incarceration facilities prior
      to arraignment on criminal charges."

                      CRIMINAL ALIEN TRACKING CENTER                  
      Section 130002 of Pub. L. 103-322, as amended by Pub. L. 104-132,
    title IV, Sec. 432, Apr. 24, 1996, 110 Stat. 1273; Pub. L. 104-208,
    div. C, title III, Secs. 308(g)(5)(B), 326, 327, Sept. 30, 1996,
    110 Stat. 3009-623, 3009-630, provided that:
      "(a) Operation and Purpose. - The Commissioner of Immigration and
    Naturalization shall, under the authority of section 236(d) of the
    Immigration and Nationality Act [8 U.S.C. 1226(d)] operate a
    criminal alien identification system. The criminal alien
    identification system shall be used to assist Federal, State, and
    local law enforcement agencies in identifying and locating aliens
    who may be subject to removal by reason of their conviction of
    aggravated felonies, subject to prosecution under section 275 of
    such Act [8 U.S.C. 1325], not lawfully present in the United
    States, or otherwise removable. Such system shall include providing
    for recording of fingerprint records of aliens who have been
    previously arrested and removed into appropriate automated
    fingerprint identification systems.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section - 
        "(1) $3,400,000 for fiscal year 1996; and
        "(2) $5,000,000 for each of fiscal years 1997 through 2001."

-FOOTNOTE-
    (!1) So in original. Probably should be "sentenced".

-End-

-CITE-
    8 USC Sec. 1226a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1226a. Mandatory detention of suspected terrorists; habeas
      corpus; judicial review

-STATUTE-
    (a) Detention of terrorist aliens
      (1) Custody
        The Attorney General shall take into custody any alien who is
      certified under paragraph (3).
      (2) Release
        Except as provided in paragraphs (5) and (6), the Attorney
      General shall maintain custody of such an alien until the alien
      is removed from the United States. Except as provided in
      paragraph (6), such custody shall be maintained irrespective of
      any relief from removal for which the alien may be eligible, or
      any relief from removal granted the alien, until the Attorney
      General determines that the alien is no longer an alien who may
      be certified under paragraph (3). If the alien is finally
      determined not to be removable, detention pursuant to this
      subsection shall terminate.
      (3) Certification
        The Attorney General may certify an alien under this paragraph
      if the Attorney General has reasonable grounds to believe that
      the alien - 
          (A) is described in section 1182(a)(3)(A)(i),
        1182(a)(3)(A)(iii), 1182(a)(3)(B), 1227(a)(4)(A)(i),
        1227(a)(4)(A)(iii), or 1227(a)(4)(B) of this title; or
          (B) is engaged in any other activity that endangers the
        national security of the United States.
      (4) Nondelegation
        The Attorney General may delegate the authority provided under
      paragraph (3) only to the Deputy Attorney General. The Deputy
      Attorney General may not delegate such authority.
      (5) Commencement of proceedings
        The Attorney General shall place an alien detained under
      paragraph (1) in removal proceedings, or shall charge the alien
      with a criminal offense, not later than 7 days after the
      commencement of such detention. If the requirement of the
      preceding sentence is not satisfied, the Attorney General shall
      release the alien.
      (6) Limitation on indefinite detention
        An alien detained solely under paragraph (1) who has not been
      removed under section 1231(a)(1)(A) of this title, and whose
      removal is unlikely in the reasonably foreseeable future, may be
      detained for additional periods of up to six months only if the
      release of the alien will threaten the national security of the
      United States or the safety of the community or any person.
      (7) Review of certification
        The Attorney General shall review the certification made under
      paragraph (3) every 6 months. If the Attorney General determines,
      in the Attorney General's discretion, that the certification
      should be revoked, the alien may be released on such conditions
      as the Attorney General deems appropriate, unless such release is
      otherwise prohibited by law. The alien may request each 6 months
      in writing that the Attorney General reconsider the certification
      and may submit documents or other evidence in support of that
      request.
    (b) Habeas corpus and judicial review
      (1) In general
        Judicial review of any action or decision relating to this
      section (including judicial review of the merits of a
      determination made under subsection (a)(3) or (a)(6) of this
      section) is available exclusively in habeas corpus proceedings
      consistent with this subsection. Except as provided in the
      preceding sentence, no court shall have jurisdiction to review,
      by habeas corpus petition or otherwise, any such action or
      decision.
      (2) Application
        (A) In general
          Notwithstanding any other provision of law, including section
        2241(a) of title 28, habeas corpus proceedings described in
        paragraph (1) may be initiated only by an application filed
        with - 
            (i) the Supreme Court;
            (ii) any justice of the Supreme Court;
            (iii) any circuit judge of the United States Court of
          Appeals for the District of Columbia Circuit; or
            (iv) any district court otherwise having jurisdiction to
          entertain it.
        (B) Application transfer
          Section 2241(b) of title 28 shall apply to an application for
        a writ of habeas corpus described in subparagraph (A).
      (3) Appeals
        Notwithstanding any other provision of law, including section
      2253 of title 28, in habeas corpus proceedings described in
      paragraph (1) before a circuit or district judge, the final order
      shall be subject to review, on appeal, by the United States Court
      of Appeals for the District of Columbia Circuit. There shall be
      no right of appeal in such proceedings to any other circuit court
      of appeals.
      (4) Rule of decision
        The law applied by the Supreme Court and the United States
      Court of Appeals for the District of Columbia Circuit shall be
      regarded as the rule of decision in habeas corpus proceedings
      described in paragraph (1).
    (c) Statutory construction
      The provisions of this section shall not be applicable to any
    other provision of this chapter.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 236A, as added Pub.
    L. 107-56, title IV, Sec. 412(a), Oct. 26, 2001, 115 Stat. 350.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC1-
                                  REPORTS                              
      Pub. L. 107-56, title IV, Sec. 412(c), Oct. 26, 2001, 115 Stat.
    352, provided that: "Not later than 6 months after the date of the
    enactment of this Act [Oct. 26, 2001], and every 6 months
    thereafter, the Attorney General shall submit a report to the
    Committee on the Judiciary of the House of Representatives and the
    Committee on the Judiciary of the Senate, with respect to the
    reporting period, on - 
        "(1) the number of aliens certified under section 236A(a)(3) of
      the Immigration and Nationality Act [8 U.S.C. 1226a(a)(3)], as
      added by subsection (a);
        "(2) the grounds for such certifications;
        "(3) the nationalities of the aliens so certified;
        "(4) the length of the detention for each alien so certified;
      and
        "(5) the number of aliens so certified who - 
          "(A) were granted any form of relief from removal;
          "(B) were removed;
          "(C) the Attorney General has determined are no longer aliens
        who may be so certified; or
          "(D) were released from detention."

-End-

-CITE-
    8 USC Sec. 1227                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1227. Deportable aliens

-STATUTE-
    (a) Classes of deportable aliens
      Any alien (including an alien crewman) in and admitted to the
    United States shall, upon the order of the Attorney General, be
    removed if the alien is within one or more of the following classes
    of deportable aliens:
      (1) Inadmissible at time of entry or of adjustment of status or
        violates status
        (A) Inadmissible aliens
          Any alien who at the time of entry or adjustment of status
        was within one or more of the classes of aliens inadmissible by
        the law existing at such time is deportable.
        (B) Present in violation of law
          Any alien who is present in the United States in violation of
        this chapter or any other law of the United States, or whose
        nonimmigrant visa (or other documentation authorizing admission
        into the United States as a nonimmigrant) has been revoked
        under section 1201(i) of this title, 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 section 1258 of
          this title, or to comply with the conditions of any such
          status, is deportable.
          (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 section 1182(g) of this
          title is deportable.
        (D) Termination of conditional permanent residence
          (i) In general
            Any alien with permanent resident status on a conditional
          basis under section 1186a of this title (relating to
          conditional permanent resident status for certain alien
          spouses and sons and daughters) or under section 1186b of
          this title (relating to conditional permanent resident status
          for certain alien entrepreneurs, spouses, and children) who
          has had such status terminated under such respective section
          is deportable.
          (ii) Exception
            Clause (i) shall not apply in the cases described in
          section 1186a(c)(4) of this title (relating to certain
          hardship waivers).
        (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 section 1153(a)(2) of this title
          (including under section 112 of the Immigration Act of 1990)
          or benefits under section 301(a) of the Immigration Act of
          1990 if the alien, before May 5, 1988, 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.
          (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 an individual who at the time of the
          offense was the alien's spouse, parent, son, or daughter (and
          no other individual) to enter the United States in violation
          of law.
        (F) Repealed. Pub. L. 104-208, div. C, title VI, Sec.
          671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-723
        (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 section 1182(a)(6)(C)(i) of this title) and to be in
        the United States in violation of this chapter (within the
        meaning of subparagraph (B)) if - 
            (i) the alien obtains any admission 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 admission of the alien and which, within 2 years
          subsequent to any admission 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
          admission as an immigrant.
        (H) Waiver authorized for certain misrepresentations
          The provisions of this paragraph relating to the removal of
        aliens within the United States on the ground that they were
        inadmissible at the time of admission as aliens described in
        section 1182(a)(6)(C)(i) of this title, whether willful or
        innocent, may, in the discretion of the Attorney General, be
        waived for any alien (other than an alien described in
        paragraph (4)(D)) who - 
            (i)(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 admission except for those grounds of
          inadmissibility specified under paragraphs (5)(A) and (7)(A)
          of section 1182(a) of this title which were a direct result
          of that fraud or misrepresentation.
            (ii) is a VAWA self-petitioner.

        A waiver of removal for fraud or misrepresentation granted
        under this subparagraph shall also operate to waive removal
        based on the grounds of inadmissibility 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(j) of this title) after the date of admission,
            and
              (II) is convicted of a crime for which a sentence of one
            year or longer may be imposed,

          is deportable.
          (ii) Multiple criminal convictions
            Any alien who at any time after admission 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 admission is deportable.
          (iv) High speed flight
            Any alien who is convicted of a violation of section 758 of
          title 18 (relating to high speed flight from an immigration
          checkpoint) is deportable.
          (v) Failure to register as a sex offender
            Any alien who is convicted under section 2250 of title 18
          is deportable.
          (vi) Waiver authorized
            Clauses (i), (ii), (iii), and (iv) 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 admission 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 section 802 of title 21), other than a single
          offense involving possession for one's own use of 30 grams or
          less of marijuana, is deportable.
          (ii) Drug abusers and addicts
            Any alien who is, or at any time after admission has been,
          a drug abuser or addict is deportable.
        (C) Certain firearm offenses
          Any alien who at any time after admission 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 section 921(a)
        of title 18) in violation of any law is deportable.
        (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 chapter 37 (relating to espionage),
          chapter 105 (relating to sabotage), or chapter 115 (relating
          to treason and sedition) of title 18 for which a term of
          imprisonment of five or more years may be imposed;
            (ii) any offense under section 871 or 960 of title 18;
            (iii) a violation of any provision of the Military
          Selective Service Act (50 U.S.C. App. 451 et seq.) or the
          Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
            (iv) a violation of section 1185 or 1328 of this title,

        is deportable.
        (E) Crimes of domestic violence, stalking, or violation of
          protection order, crimes against children and
          (i) Domestic violence, stalking, and child abuse
            Any alien who at any time after admission is convicted of a
          crime of domestic violence, a crime of stalking, or a crime
          of child abuse, child neglect, or child abandonment is
          deportable. For purposes of this clause, the term "crime of
          domestic violence" means any crime of violence (as defined in
          section 16 of title 18) against a person committed by a
          current or former spouse of the person, by an individual with
          whom the person shares a child in common, by an individual
          who is cohabiting with or has cohabited with the person as a
          spouse, by an individual similarly situated to a spouse of
          the person under the domestic or family violence laws of the
          jurisdiction where the offense occurs, or by any other
          individual against a person who is protected from that
          individual's acts under the domestic or family violence laws
          of the United States or any State, Indian tribal government,
          or unit of local government.
          (ii) Violators of protection orders
            Any alien who at any time after admission is enjoined under
          a protection order issued by a court and whom the court
          determines has engaged in conduct that violates the portion
          of a protection order that involves protection against
          credible threats of violence, repeated harassment, or bodily
          injury to the person or persons for whom the protection order
          was issued is deportable. For purposes of this clause, the
          term "protection order" means any injunction issued for the
          purpose of preventing violent or threatening acts of domestic
          violence, including temporary or final orders issued by civil
          or criminal courts (other than support or child custody
          orders or provisions) whether obtained by filing an
          independent action or as a pendente lite order in another
          proceeding.
      (3) Failure to register and falsification of documents
        (A) Change of address
          An alien who has failed to comply with the provisions of
        section 1305 of this title is deportable, unless the alien
        establishes to the satisfaction of the Attorney General that
        such failure was reasonably excusable or was not willful.
        (B) Failure to register or falsification of documents
          Any alien who at any time has been convicted - 
            (i) under section 1306(c) of this title or under section
          36(c) of the Alien Registration Act, 1940,
            (ii) of a violation of, or an attempt or a conspiracy to
          violate, any provision of the Foreign Agents Registration Act
          of 1938 (22 U.S.C. 611 et seq.), or
            (iii) of a violation of, or an attempt or a conspiracy to
          violate, section 1546 of title 18 (relating to fraud and
          misuse of visas, permits, and other entry documents),

        is deportable.
        (C) Document fraud
          (i) In general
            An alien who is the subject of a final order for violation
          of section 1324c of this title is deportable.
          (ii) Waiver authorized
            The Attorney General may waive clause (i) in the case of an
          alien lawfully admitted for permanent residence if no
          previous civil money penalty was imposed against the alien
          under section 1324c of this title and the offense was
          incurred solely to assist, aid, or support the alien's spouse
          or child (and no other individual). No court shall have
          jurisdiction to review a decision of the Attorney General to
          grant or deny a waiver under this clause.
        (D) Falsely claiming citizenship
          (i) In general
            Any alien who falsely represents, or has falsely
          represented, himself to be a citizen of the United States for
          any purpose or benefit under this chapter (including section
          1324a of this title) or any Federal or State law is
          deportable.
          (ii) Exception
            In the case of an alien making a representation described
          in clause (i), if each natural parent of the alien (or, in
          the case of an adopted alien, each adoptive parent of the
          alien) is or was a citizen (whether by birth or
          naturalization), the alien permanently resided in the United
          States prior to attaining the age of 16, and the alien
          reasonably believed at the time of making such representation
          that he or she was a citizen, the alien shall not be
          considered to be deportable under any provision of this
          subsection based on such representation.
      (4) Security and related grounds
        (A) In general
          Any alien who has engaged, is engaged, or at any time after
        admission 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 is described in subparagraph (B) or (F) of
        section 1182(a)(3) of this title is deportable.
        (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
          section 1182(a)(3)(C) of this title shall apply to
          deportability under clause (i) in the same manner as they
          apply to inadmissibility under section 1182(a)(3)(C)(i) of
          this title.
        (D) Participated in Nazi persecution, genocide, or the
          commission of any act of torture or extrajudicial killing
          Any alien described in clause (i), (ii), or (iii) of section
        1182(a)(3)(E) of this title is deportable.
        (E) Participated in the commission of severe violations of
          religious freedom
          Any alien described in section 1182(a)(2)(G) of this title is
        deportable.
      (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.
      (6) Unlawful voters
        (A) In general
          Any alien who has voted in violation of any Federal, State,
        or local constitutional provision, statute, ordinance, or
        regulation is deportable.
        (B) Exception
          In the case of an alien who voted in a Federal, State, or
        local election (including an initiative, recall, or referendum)
        in violation of a lawful restriction of voting to citizens, if
        each natural parent of the alien (or, in the case of an adopted
        alien, each adoptive parent of the alien) is or was a citizen
        (whether by birth or naturalization), the alien permanently
        resided in the United States prior to attaining the age of 16,
        and the alien reasonably believed at the time of such violation
        that he or she was a citizen, the alien shall not be considered
        to be deportable under any provision of this subsection based
        on such violation.
      (7) Waiver for victims of domestic violence
        (A) In general
          The Attorney General is not limited by the criminal court
        record and may waive the application of paragraph (2)(E)(i)
        (with respect to crimes of domestic violence and crimes of
        stalking) and (ii) in the case of an alien who has been
        battered or subjected to extreme cruelty and who is not and was
        not the primary perpetrator of violence in the relationship - 
            (i) upon a determination that - 
              (I) the alien was acting is (!1) self-defense;

              (II) the alien was found to have violated a protection
            order intended to protect the alien; or
              (III) the alien committed, was arrested for, was
            convicted of, or pled guilty to committing a crime - 
                (aa) that did not result in serious bodily injury; and
                (bb) where there was a connection between the crime and
              the alien's having been battered or subjected to extreme
              cruelty.
        (B) Credible evidence considered
          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.
    (b) Deportation of certain nonimmigrants
      An alien, admitted as a nonimmigrant under the provision of
    either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this
    title, and who fails to maintain a status under either of those
    provisions, shall not be required to depart from the United States
    without the approval of the Secretary of State, unless such alien
    is subject to deportation under paragraph (4) of subsection (a) of
    this section.
    (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 inadmissibility described in paragraph
    (2) or (3) of section 1182(a) of this title) shall not apply to a
    special immigrant described in section 1101(a)(27)(J) of this title
    based upon circumstances that existed before the date the alien was
    provided such special immigrant status.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 237, formerly ch. 5,
    Sec. 241, 66 Stat. 204; July 18, 1956, ch. 629, title III, Sec.
    301(b), (c), 70 Stat. 575; Pub. L. 86-648, Sec. 9, July 14, 1960,
    74 Stat. 505; Pub. L. 87-301, Sec. 16, Sept. 26, 1961, 75 Stat.
    655; Pub. L. 89-236, Sec. 11(e), Oct. 3, 1965, 79 Stat. 918; Pub.
    L. 94-571, Sec. 7(e), Oct. 20, 1976, 90 Stat. 2706; Pub. L. 95-549,
    title I, Sec. 103, Oct. 30, 1978, 92 Stat. 2065; Pub. L. 97-116,
    Sec. 8, Dec. 29, 1981, 95 Stat. 1616; Pub. L. 99-570, title I, Sec.
    1751(b), Oct. 27, 1986, 100 Stat. 3207-47; Pub. L. 99-603, title
    III, Sec. 303(b), Nov. 6, 1986, 100 Stat. 3431; Pub. L. 99-639,
    Sec. 2(b), Nov. 10, 1986, 100 Stat. 3541; Pub. L. 99-653, Sec.
    7(c), Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525, Secs.
    2(n)(2), 9(m), Oct. 24, 1988, 102 Stat. 2613, 2620; Pub. L. 100-
    690, title VII, Secs. 7344(a), 7348(a), Nov. 18, 1988, 102 Stat.
    4470, 4473; Pub. L. 101-649, title I, Sec. 153(b), title V, Secs.
    505(a), 508(a), 544(b), title VI, Sec. 602(a), (b), Nov. 29, 1990,
    104 Stat. 5006, 5050, 5051, 5061, 5077, 5081; Pub. L. 102-232,
    title III, Secs. 302(d)(3), 307(h), (k), Dec. 12, 1991, 105 Stat.
    1745, 1755, 1756; Pub. L. 103-322, title XIII, Sec. 130003(d),
    Sept. 13, 1994, 108 Stat. 2026; Pub. L. 103-416, title II, Secs.
    203(b), 219(g), Oct. 25, 1994, 108 Stat. 4311, 4317; Pub. L. 104-
    132, title IV, Secs. 414(a), 435(a), Apr. 24, 1996, 110 Stat.
    1270, 1274; renumbered ch. 4, Sec. 237, and amended Pub. L. 104-
    208, div. C, title I, Sec. 108(c), title III, Secs. 301(d),
    305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)-(N),
    (5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI, Sec.
    671(a)(4)(B), (d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-558, 3009-
    579, 3009-598, 3009-617, 3009-619 to 3009-622, 3009-637 to 3009-
    640, 3009-721, 3009-723; Pub. L. 106-386, div. B, title V, Sec.
    1505(b)(1), (c)(2), Oct. 28, 2000, 114 Stat. 1525, 1526; Pub. L.
    106-395, title II, Sec. 201(c)(1), (2), Oct. 30, 2000, 114 Stat.
    1634, 1635; Pub. L. 107-56, title IV, Sec. 411(b)(1), Oct. 26,
    2001, 115 Stat. 348; Pub. L. 108-458, title V, Secs. 5304(b), 5402,
    5501(b), 5502(b), Dec. 17, 2004, 118 Stat. 3736, 3737, 3740, 3741;
    Pub. L. 109-13, div. B, title I, Sec. 105(a)(1), (b), May 11, 2005,
    119 Stat. 309, 310; Pub. L. 109-248, title IV, Sec. 401, July 27,
    2006, 120 Stat. 622; Pub. L. 109-271, Sec. 6(c), Aug. 12, 2006, 120
    Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 301 of the Immigration Act of 1990, referred to in
    subsec. (a)(1)(E)(ii), is section 301 of Pub. L. 101-649, which is
    set out as a note under section 1255a of this title.
      Section 112 of the Immigration Act of 1990, referred to in
    subsec. (a)(1)(E)(ii), is section 112 of Pub. L. 101-649, which is
    set out as a note under section 1153 of this title.
      The Military Selective Service Act, referred to in subsec.
    (a)(2)(D)(iii), is act June 24, 1948, ch. 625, 62 Stat. 604, as
    amended, which is classified principally to section 451 et seq. of
    Title 50, Appendix, War and National Defense. For complete
    classification of this Act to the Code, see References in Text note
    set out under section 451 of Title 50, Appendix, and Tables.
      The Trading With the Enemy Act, referred to in subsec.
    (a)(2)(D)(iii), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, as
    amended, which is classified to sections 1 to 6, 7 to 39 and 41 to
    44 of Title 50, Appendix. For complete classification of this Act
    to the Code, see Tables.
      The Alien Registration Act, 1940, referred to in subsec.
    (a)(3)(B)(i), is act June 28, 1940, ch. 439, 54 Stat. 670, as
    amended. Section 36(a) of that act was classified to section 457(c)
    of this title and was repealed by section 403(a)(39) of act June
    27, 1952.
      The Foreign Agents Registration Act of 1938, referred to in
    subsec. (a)(3)(B)(ii), is act June 8, 1938, ch. 327, 52 Stat. 631,
    as amended, which is classified generally to subchapter II (Sec.
    611 et seq.) of chapter 11 of Title 22, Foreign Relations and
    Intercourse. For complete classification of this Act to the Code,
    see Short Title note set out under section 611 of Title 22 and
    Tables.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1251 of this title
    prior to renumbering by Pub. L. 104-208.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1227, acts June 27, 1952, ch. 477, title II, ch.
    4, Sec. 237, 66 Stat. 201; Dec. 29, 1981, Pub. L. 97-116, Sec. 7,
    95 Stat. 1615; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(b) [title
    II, Sec. 206(b)(2)], as added Oct. 24, 1988, Pub. L. 100-525, Sec.
    4(b)(4), 102 Stat. 2615; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(l),
    102 Stat. 2620; Nov. 29, 1990, Pub. L. 101-649, title V, Sec.
    543(a)(2), 104 Stat. 5057; Dec. 12, 1991, Pub. L. 102-232, title
    III, Sec. 306(c)(4)(B), 105 Stat. 1752; Apr. 24, 1996, Pub. L. 104-
    132, title IV, Sec. 422(b), 110 Stat. 1272; Sept. 30, 1996, Pub.
    L. 104-208, div. C, title III, Sec. 308(d)(5), 110 Stat. 3009-619,
    related to immediate deportation of aliens excluded from admission
    or entering in violation of law, prior to repeal by Pub. L. 104-
    208, div. C, title III, Secs. 305(a)(1), 309, Sept. 30, 1996, 110
    Stat. 3009-597, 3009-625, effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996. See section 1231 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(H)(ii). Pub. L. 109-271 amended cl. (ii)
    generally. Prior to amendment, cl. (ii) read as follows: "is an
    alien who qualifies for classification under clause (iii) or (iv)
    of section 1154(a)(1)(A) of this title or clause (ii) or (iii) of
    section 1154(a)(1)(B) of this title."
      Subsec. (a)(2)(A)(v), (vi). Pub. L. 109-248 added cl. (v) and
    redesignated former cl. (v) as (vi).
      2005 - Subsec. (a)(4)(B). Pub. L. 109-13, Sec. 105(a)(1),
    reenacted heading without change and amended text generally. Prior
    to amendment, text read as follows: "Any alien who has engaged, is
    engaged, or at any time after admission engages in any terrorist
    activity (as defined in section 1182(a)(3)(B)(iv) of this title) is
    deportable."
      Subsec. (a)(4)(E). Pub. L. 109-13, Sec. 105(b), repealed Pub. L.
    108-458, Sec. 5402. See 2004 Amendment note below.
      2004 - Subsec. (a)(1)(B). Pub. L. 108-458, Sec. 5304(b),
    substituted "United States, or whose nonimmigrant visa (or other
    documentation authorizing admission into the United States as a
    nonimmigrant) has been revoked under section 1201(i) of this title,
    is" for "United States is".
      Subsec. (a)(4)(D). Pub. L. 108-458, Sec. 5501(b), substituted
    "Participated in Nazi persecution, genocide, or the commission of
    any act of torture or extrajudicial killing" for "Assisted in Nazi
    persecution or engaged in genocide" in heading and "clause (i),
    (ii), or (iii)" for "clause (i) or (ii)" in text.
      Subsec. (a)(4)(E). Pub. L. 108-458, Sec. 5502(b), added subpar.
    (E) relating to participation in the commission of severe
    violations of religious freedom.
      Pub. L. 108-458, Sec. 5402, which added subpar. (E) relating to
    recipient of military-type training, was repealed by Pub. L. 109-
    13, Sec. 105(b). See Effective Date of 2005 Amendment note below.
      2001 - Subsec. (a)(4)(B). Pub. L. 107-56 substituted "section
    1182(a)(3)(B)(iv) of this title" for "section 1182(a)(3)(B)(iii) of
    this title".
      2000 - Subsec. (a)(1)(H). Pub. L. 106-386, Sec. 1505(c)(2),
    redesignated cls. (i) and (ii) as subcls. (I) and (II),
    respectively, of cl. (i), and added cl. (ii).
      Subsec. (a)(3)(D). Pub. L. 106-395, Sec. 201(c)(2), amended
    heading and text of subpar. (D) generally. Prior to amendment, text
    read as follows: "Any alien who falsely represents, or has falsely
    represented, himself to be a citizen of the United States for any
    purpose or benefit under this chapter (including section 1324a of
    this title) or any Federal or State law is deportable."
      Subsec. (a)(6). Pub. L. 106-395, Sec. 201(c)(1), amended heading
    and text of par. (6) generally. Prior to amendment, text read as
    follows: "Any alien who has voted in violation of any Federal,
    State, or local constitutional provision, statute, ordinance, or
    regulation is deportable."
      Subsec. (a)(7). Pub. L. 106-386, Sec. 1505(b)(1), added par. (7).
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(e)(2)(C),
    substituted "removed" for "deported" in introductory provisions.
      Pub. L. 104-208, Sec. 301(d)(1), substituted "in and admitted to
    the United States" for "in the United States" in introductory
    provisions.
      Subsec. (a)(1). Pub. L. 104-208, Sec. 301(d)(2), substituted
    "Inadmissible" for "Excludable" in par. heading.
      Subsec. (a)(1)(A). Pub. L. 104-208, Secs. 301(d)(3),
    308(d)(3)(A), amended subpar. (A) identically, substituting
    "inadmissible" for "excludable".
      Pub. L. 104-208, Sec. 301(d)(2), substituted "Inadmissible" for
    "Excludable" in subpar. heading.
      Subsec. (a)(1)(B). Pub. L. 104-208, Sec. 301(d)(4), amended
    heading and text of subpar. (B) generally. Prior to amendment, text
    read as follows: "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."
      Subsec. (a)(1)(E)(iii). Pub. L. 104-208, Sec. 351(b), inserted
    "an individual who at the time of the offense was" after "aided
    only".
      Subsec. (a)(1)(F). Pub. L. 104-208, Sec. 671(d)(1)(C), struck out
    heading and text of subpar. (F). Text read as follows: "Any alien
    who obtains the status of an alien lawfully admitted for temporary
    residence under section 1161 of this title who fails to meet the
    requirement of section 1161(d)(5)(A) of this title by the end of
    the applicable period is deportable."
      Subsec. (a)(1)(G). Pub. L. 104-208, Sec. 308(f)(1)(L),
    substituted "admission" for "entry" wherever appearing.
      Subsec. (a)(1)(H). Pub. L. 104-208, Sec. 308(f)(5), which
    directed amendment of subsec. (a)(1)(H)(ii) by striking "at entry",
    was executed by striking "at entry" after "grounds of
    inadmissibility" in concluding provisions of subpar. (H) to reflect
    the probable intent of Congress.
      Pub. L. 104-208, Sec. 308(f)(1)(M), substituted "admission as
    aliens" for "entry as aliens" in introductory provisions and "such
    admission" for "such entry" in cl. (ii).
      Pub. L. 104-208, Sec. 308(e)(1)(E), substituted "removal" for
    "deportation" wherever appearing.
      Pub. L. 104-208, Sec. 308(d)(2)(A), (3)(A), amended subpar. (H)
    identically, substituting "inadmissible" for "excludable" in
    introductory provisions.
      Subsec. (a)(2)(A)(i)(I). Pub. L. 104-208, Sec. 671(a)(4)(B),
    substituted "1255(j)" for "1255(i)".
      Pub. L. 104-208, Sec. 308(f)(1)(N), substituted "admission" for
    "entry".
      Subsec. (a)(2)(A)(i)(II). Pub. L. 104-132, Sec. 435(a), amended
    subcl. (II) generally. Prior to amendment, subcl. (II) read as
    follows: "either is sentenced to confinement or is confined
    therefor in a prison or correctional institution for one year or
    longer,".
      Subsec. (a)(2)(A)(ii), (iii). Pub. L. 104-208, Sec. 308(f)(1)(N),
    substituted "admission" for "entry".
      Subsec. (a)(2)(A)(iv). Pub. L. 104-208, Sec. 108(c)(2), added cl.
    (iv). Former cl. (iv) redesignated (v).
      Subsec. (a)(2)(A)(v). Pub. L. 104-208, Sec. 108(c)(3),
    substituted "(iii), and (iv)" for "and (iii)".
      Pub. L. 104-208, Sec. 108(c)(1), redesignated cl. (iv) as (v).
      Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(f)(1)(N),
    substituted "admission" for "entry" in cls. (i) and (ii).
      Subsec. (a)(2)(C). Pub. L. 104-208, Sec. 308(f)(1)(N),
    substituted "admission" for "entry".
      Subsec. (a)(2)(E). Pub. L. 104-208, Sec. 350(a), added subpar.
    (E).
      Subsec. (a)(2)(E)(i), (ii). Pub. L. 104-208, Sec. 308(f)(1)(N),
    substituted "admission" for "entry".
      Subsec. (a)(3)(C). Pub. L. 104-208, Sec. 345(b), amended heading
    and text of subpar. (C) generally. Prior to amendment, text read as
    follows: "Any alien who is the subject of a final order for
    violation of section 1324c of this title is deportable."
      Subsec. (a)(3)(D). Pub. L. 104-208, Sec. 344(b), added subpar.
    (D).
      Subsec. (a)(4)(A), (B). Pub. L. 104-208, Sec. 308(f)(1)(N),
    substituted "admission" for "entry".
      Subsec. (a)(4)(C)(ii). Pub. L. 104-208, Sec. 308(d)(2)(B),
    substituted "inadmissibility" for "excludability".
      Subsec. (a)(6). Pub. L. 104-208, Sec. 347(b), added par. (6).
      Subsec. (c). Pub. L. 104-208, Sec. 308(d)(2)(C), substituted
    "inadmissibility" for "exclusion".
      Subsec. (d). Pub. L. 104-208, Sec. 308(d)(2)(D), struck out
    subsec. (d) which read as follows: "Notwithstanding any other
    provision of this subchapter, an alien found in the United States
    who has not been admitted to the United States after inspection in
    accordance with section 1225 of this title is deemed for purposes
    of this chapter to be seeking entry and admission to the United
    States and shall be subject to examination and exclusion by the
    Attorney General under part IV of this subchapter. In the case of
    such an alien the Attorney General shall provide by regulation an
    opportunity for the alien to establish that the alien was so
    admitted."
      Pub. L. 104-132, Sec. 414(a), added subsec. (d).
      1994 - Subsec. (a)(2)(A)(i)(I). Pub. L. 103-322 inserted "(or 10
    years in the case of an alien provided lawful permanent resident
    status under section 1255(i) of this title)" after "five years".
      Subsec. (a)(2)(C). Pub. L. 103-416, Sec. 203(b)(1), substituted
    ", or of attempting or conspiring to purchase, sell, offer for
    sale, exchange, use, own, possess, or carry," for "in violation of
    any law," and inserted "in violation of any law" after "title 18)".
      Subsec. (a)(3)(B)(ii), (iii). Pub. L. 103-416, Sec. 203(b)(2),
    inserted "an attempt or" before "a conspiracy".
      Subsec. (c). Pub. L. 103-416, Sec. 219(g), substituted "and
    (3)(A) of subsection (a)" for "or (3)(A) of subsection (a)".
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 307(h)(1), substituted
    "if the alien is within one or more of the following classes of
    deportable aliens" for "if the alien is deportable as being within
    one or more of the following classes of aliens".
      Subsec. (a)(1)(D)(i). Pub. L. 102-232, Sec. 307(h)(2), inserted
    "respective" after "terminated under such".
      Subsec. (a)(1)(E)(i). Pub. L. 102-232, Sec. 307(h)(3), inserted
    "any" after "at the time of" and after "within 5 years of the date
    of" in parenthetical provision.
      Subsec. (a)(1)(E)(ii), (iii). Pub. L. 102-232, Sec. 307(h)(4),
    added cl. (ii) and redesignated former cl. (ii) as (iii).
      Subsec. (a)(1)(G). Pub. L. 102-232, Sec. 307(h)(5), substituted
    "section 1182(a)(6)(C)(i)" for "section 1182(a)(5)(C)(i)".
      Subsec. (a)(1)(H). Pub. L. 102-232, Sec. 307(h)(6), substituted
    "paragraph (4)(D)" for "paragraph (6) or (7)".
      Subsec. (a)(2)(D). Pub. L. 102-232, Sec. 307(h)(7), inserted "or
    attempt" after "conspiracy".
      Subsec. (a)(3)(C). Pub. L. 102-232, Sec. 307(h)(8), added subpar.
    (C).
      Subsec. (a)(4)(A), (B). Pub. L. 102-232, Sec. 307(h)(9),
    substituted "after entry engages" for "after entry has engaged".
      Subsec. (a)(4)(C). Pub. L. 102-232, Sec. 307(h)(10), substituted
    "excludability" for "excluability".
      Subsec. (c). Pub. L. 102-232, Sec. 307(k)(2), redesignated
    subsec. (h) as (c) and substituted "existed" for "exist".
      Subsec. (d). Pub. L. 102-232, Sec. 307(k)(1), struck out subsec.
    (d) which related to applicability of this section to aliens
    belonging to any of the classes enumerated in subsection (a) of
    this section.
      Subsec. (h). Pub. L. 102-232, Sec. 307(k)(2), redesignated
    subsec. (h) as (c).
      Pub. L. 102-232, Sec. 302(d)(3), struck out comma after "(3)(A)".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 602(a), amended subsec.
    (a) generally, consolidating 20 categories of excludable aliens
    into 5 broader classes.
      Pub. L. 101-649, Sec. 544(b), added par. (21) which read as
    follows: "is the subject of a final order for violation of section
    1324c of this title."
      Pub. L. 101-649, Sec. 508(a), substituted "conspiracy or attempt"
    for "conspiracy" in par. (11).
      Subsec. (b). Pub. L. 101-649, Sec. 602(b), redesignated subsec.
    (e) as (b), substituted "paragraph (4) of subsection (a) of this
    section" for "subsection (a)(6) or (7) of this section" and struck
    out former subsec. (b) which related to nonapplicability of subsec.
    (a)(4) of this section.
      Pub. L. 101-649, Sec. 505(a), struck out "(1)" after "crimes
    shall not apply" and ", or (2) if the court sentencing such alien
    for such crime shall make, at the time of first imposing judgment
    or passing sentence, or within thirty days thereafter, a
    recommendation to the Attorney General that such alien not be
    deported, due notice having been given prior to making such
    recommendation to representatives of the interested State, the
    Service, and prosecution authorities, who shall be granted an
    opportunity to make representations in the matter" at end of first
    sentence, and inserted "or who has been convicted of an aggravated
    felony" after "subsection (a)(11) of this section" in second
    sentence.
      Subsec. (c). Pub. L. 101-649, Sec. 602(b)(1), struck out subsec.
    (c) which related to fraudulent entry.
      Subsec. (e). Pub. L. 101-649, Sec. 602(b)(2)(B), redesignated
    subsec. (e) as (b).
      Subsecs. (f), (g). Pub. L. 101-649, Sec. 602(b)(1), struck out
    subsecs. (f) and (g) which related to waiver of deportation in
    specified cases and hardship waivers, respectively.
      Subsec. (h). Pub. L. 101-649, Sec. 153(b)(2), amended subsec. (h)
    generally. Prior to amendment, subsec. (h) read as follows:
    "Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this
    section (other than so much of paragraph (1) as relates to a ground
    of exclusion described in paragraph (9), (10), (23), (27), (29), or
    (33) of section 1182(a) of this title) shall not apply to a special
    immigrant described in section 1101(a)(27)(J) of this title based
    upon circumstances that exist before the date the alien was
    provided such special immigrant status."
      Pub. L. 101-649, Sec. 153(b)(1), added subsec. (h).
      1988 - Subsec. (a)(4). Pub. L. 100-690, Sec. 7344(a), inserted
    cl. (B).
      Subsec. (a)(14). Pub. L. 100-690 inserted "any firearm or
    destructive device (as defined in paragraphs (3) and (4)),
    respectively, of section 921(a) of title 18, or any revolver or"
    after "law".
      Subsec. (a)(17). Pub. L. 100-525, Sec. 9(m), substituted
    "amendment, thereof, known as the Trading With the Enemy Act" for
    "amendment thereof; the Trading With the Enemy Act".
      Subsec. (a)(20). Pub. L. 100-525, Sec. 2(n)(2), substituted "an
    alien lawfully admitted" for "an alien who becomes lawfully
    admitted".
      1986 - Subsec. (a)(9). Pub. L. 99-639, Sec. 2(b)(1), designated
    existing provisions as cl. (A) and added cl. (B).
      Subsec. (a)(10). Pub. L. 99-653 repealed par. (10). Prior to
    repeal, par. (10) read as follows: "entered the United States from
    foreign contiguous territory or adjacent islands, having arrived
    there on a vessel or aircraft of a nonsignatory transportation
    company under section 1228(a) of this title and was without the
    required period of stay in such foreign contiguous territory or
    adjacent islands following such arrival (other than an alien
    described in section 1101(a)(27)(A) of this title and aliens born
    in the Western Hemisphere);".
      Subsec. (a)(11). Pub. L. 99-570 substituted "any law or
    regulation of a State, the United States, or a foreign country
    relating to a controlled substance (as defined in section 802 of
    title 21)" for "any law or regulation relating to the illicit
    possession of or traffic in narcotic drugs or marihuana, or who has
    been convicted of a violation of, or a conspiracy to violate, any
    law or regulation governing or controlling the taxing, manufacture,
    production, compounding, transportation, sale, exchange,
    dispensing, giving away, importation, exportation, or the
    possession for the purpose of the manufacture, production,
    compounding, transportation, sale, exchange, dispensing, giving
    away, importation, or exportation of opium, coca leaves, heroin,
    marihuana, any salt derivative or preparation of opium or coca
    leaves or isonipecaine or any addiction-forming or addiction-
    sustaining opiate".
      Subsec. (a)(20). Pub. L. 99-603 added par. (20).
      Subsec. (g). Pub. L. 99-639, Sec. 2(b)(2), added subsec. (g).
      1981 - Subsec. (f). Pub. L. 97-116 designated existing provision
    as par. (1)(A), substituted provision authorizing discretionary
    waiver of deportation based on visa fraud or misrepresentation in
    the case of an alien, other than an alien described in subsec.
    (a)(19) of this section, who is the spouse, parent, or child of a
    citizen of the United States or of an alien lawfully admitted to
    the United States for permanent residence and who 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 specified in section 1182(a)(14), (20), and (21)
    of this title which were a direct result of that fraud or
    misrepresentation, with relief available to those who have made
    innocent, as well as fraudulent, misrepresentations, for provision
    requiring mandatory waiver of deportation based on visa fraud or
    misrepresentation at the time of entry in the case of an alien who
    is the spouse, parent, or child of a United States citizen or of an
    alien lawfully admitted for permanent residence who is otherwise
    admissible, and added pars. (1)(B) and (2).
      1978 - Subsec. (a)(19). Pub. L. 95-549 added par. (19).
      1976 - Subsec. (a)(10). Pub. L. 94-571 substituted "(other than
    an alien described in section 1101(a)(27)(A) of this title and
    aliens born in the Western Hemisphere)" for "(other than an alien
    who is a native-born citizen of any of the countries enumerated in
    section 1101(a)(27)(A) of this title and an alien described in
    section 1101(a)(27)(B) of this title)".
      1965 - Subsec. (a)(10). Pub. L. 89-236 substituted "section
    1101(a)(27)(A) of this title" for "section 1101(a)(27)(C) of this
    title".
      1961 - Subsec. (f). Pub. L. 87-301 added subsec. (f).
      1960 - Subsec. (a)(11). Pub. L. 86-648 inserted "or marihuana"
    after "narcotic drugs".
      1956 - Subsec. (a)(11). Act July 18, 1956, Sec. 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, Sec. 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 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 105(a)(2), May 11, 2005,
    119 Stat. 309, provided that: "The amendment made by paragraph (1)
    [amending this section] shall take effect on the date of the
    enactment of this division [May 11, 2005], and the amendment, and
    section 237(a)(4)(B) of the Immigration and Nationality Act (8
    U.S.C. 1227(a)(4)(B)), as amended by such paragraph, shall apply to
    - 
        "(A) removal proceedings instituted before, on, or after the
      date of the enactment of this division [May 11, 2005]; and
        "(B) acts and conditions constituting a ground for
      inadmissibility, excludability, deportation, or removal occurring
      or existing before, on, or after such date."
      Pub. L. 109-13, div. B, title I, Sec. 105(b), May 11, 2005, 119
    Stat. 310, provided that: "Effective as of the date of the
    enactment of the Intelligence Reform and Terrorism Prevention Act
    of 2004 (Public Law 108-458) [Dec. 17, 2004], section 5402 of such
    Act [amending this section] is repealed, and the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.] shall be applied as if such
    section had not been enacted."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 5304(b) of Pub. L. 108-458 effective Dec.
    17, 2004, and applicable to revocations under sections 1155 and
    1201(i) of this title made before, on, or after such date, see
    section 5304(d) of Pub. L. 108-458, set out as a note under section
    1155 of this title.
      Amendment by section 5501(b) of Pub. L. 108-458 applicable to
    offenses committed before, on, or after Dec. 17, 2004, see section
    5501(c) of Pub. L. 108-458, set out as a note under section 1182 of
    this title.

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-56 effective Oct. 26, 2001, and
    applicable to actions taken by an alien before, on, or after Oct.
    26, 2001, and to all aliens, regardless of date of entry or
    attempted entry into the United States, in removal proceedings on
    or after such date (except for proceedings in which there has been
    a final administrative decision before such date) or seeking
    admission to the United States on or after such date, with special
    rules and exceptions, see section 411(c) of Pub. L. 107-56, set out
    as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-395, title II, Sec. 201(c)(3), Oct. 30, 2000, 114
    Stat. 1635, provided that: "The amendment made by paragraph (1)
    [amending this section] shall be effective as if included in the
    enactment of section 347 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
    3009-638) and shall apply to voting occurring before, on, or after
    September 30, 1996. The amendment made by paragraph (2) [amending
    this section] shall be effective as if included in the enactment of
    section 344 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-637)
    and shall apply to representations made on or after September 30,
    1996. Such amendments shall apply to individuals in proceedings
    under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
    on or after September 30, 1996."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)-(C),
    (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)-(N), (5) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Section 308(d)(2)(D) of div. C of Pub. L. 104-208 provided that
    the amendment made by that section is effective Sept. 30, 1996.
      Amendment by section 344(b) of Pub. L. 104-208 applicable to
    representations made on or after Sept. 30, 1996, see section 344(c)
    of Pub. L. 104-208, set out as a note under section 1182 of this
    title.
      Amendment by section 347(b) of Pub. L. 104-208 applicable to
    voting occurring before, on, or after Sept. 30, 1996, see section
    347(c) of Pub. L. 104-208, set out as a note under section 1182 of
    this title.
      Section 350(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to convictions, or violations of court orders, occurring
    after the date of the enactment of this Act [Sept. 30, 1996]."
      Amendment by section 351(b) of Pub. L. 104-208 applicable to
    applications for waivers filed before, on, or after Sept. 30, 1996,
    but not applicable to such an application for which a final
    determination has been made as of Sept. 30, 1996, see section
    351(c) of Pub. L. 104-208, set out as a note under section 1182 of
    this title.
      Amendment by section 671(a)(4)(B) of Pub. L. 104-208 effective as
    if included in the enactment of the Violent Crime Control and Law
    Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
    Pub. L. 104-208, set out as a note under section 1101 of this
    title.
      Section 414(b) of Pub. L. 104-132 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the first day of the first month beginning more than 180 days after
    the date of the enactment of this Act [Apr. 24, 1996]."
      Section 435(b) of Pub. L. 104-132 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    aliens against whom deportation proceedings are initiated after the
    date of the enactment of this Act [Apr. 24, 1996]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 203(b) of Pub. L. 103-416 applicable to
    convictions occurring before, on, or after Oct. 25, 1994, see
    section 203(c) of Pub. L. 103-416, set out as an Effective and
    Termination Dates of 1994 Amendments note under section 1182 of
    this title.
      Amendment by section 219(g) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by sections 302(d)(3), 307(h) of Pub. L. 102-232
    effective as if included in the enactment of the Immigration Act of
    1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set
    out as a note under section 1101 of this title.
      Section 307(k) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 602(b)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 153(b)(1) of Pub. L. 101-649 effective Nov.
    29, 1990, and (unless otherwise provided) applicable to fiscal year
    1991, see section 161(b) of Pub. L. 101-649, set out as a note
    under section 1101 of this title.
      Section 153(b)(2) of Pub. L. 101-649 provided that the amendment
    of the subsec. (h) added by section 153(b)(1) of Pub. L. 101-649 is
    effective on the date the amendments by section 602 of Pub. L. 101-
    649 become effective. See section 602(d) of Pub. L. 101-649, set
    out below.
      Section 505(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 29, 1990] and shall
    apply to convictions entered before, on, or after such date."
      Section 508(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    convictions occurring on or after the date of the enactment of this
    Act [Nov. 29, 1990]."
      Section 544(d), formerly (c), of Pub. L. 101-649, as redesignated
    by Pub. L. 102-232, title III, Sec. 306(c)(5)(B), Dec. 12, 1991,
    105 Stat. 1752, provided that: "The amendments made by this section
    [enacting section 1324c of this title and amending this section]
    shall apply to persons or entities that have committed violations
    on or after the date of the enactment of this Act [Nov. 29, 1990]."
      Section 602(d) of Pub. L. 101-649 provided that: "The amendments
    made by this section, and by section 603(b) of this Act [amending
    this section, sections 1161, 1252, 1253, and 1254 of this title,
    and section 402 of Title 42, The Public Health and Welfare], shall
    not apply to deportation proceedings for which notice has been
    provided to the alien before March 1, 1991."

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Section 7344(b) of Pub. L. 100-690 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to any
    alien who has been convicted, on or after the date of the enactment
    of this Act [Nov. 18, 1988], of an aggravated felony."
      Section 7348(b) of Pub. L. 100-690 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to any
    alien convicted, on or after the date of the enactment of this Act
    [Nov. 18, 1988], of possessing any firearm or destructive device
    referred to in such subsection."
      Amendment by section 2(n)(2) of Pub. L. 100-525 effective as if
    included in enactment of Immigration Reform and Control Act of
    1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out
    as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Amendment by Pub. L. 99-653 applicable to visas issued, and
    admissions occurring, on or after Nov. 14, 1986, see section 23(a)
    of Pub. L. 99-653, set out as a note under section 1101 of this
    title.
      Amendment by Pub. L. 99-570 applicable to convictions occurring
    before, on, or after Oct. 27, 1986, see section 1751(c) of Pub. L.
    99-570, set out as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236 see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

                     EFFECTIVE DATE 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 Pub. L. 101-649 provided that: "Notwithstanding
    the amendments made by this section [amending this section], any
    alien who was deportable because of a conviction (before the date
    of the enactment of this Act [Nov. 29, 1990]) of an offense
    referred to in paragraph (15), (16), (17), or (18) of section
    241(a) [now 237] of the Immigration and Nationality Act [8 U.S.C.
    1227], as in effect before the date of the enactment of this Act,
    shall be considered to remain so deportable. Except as otherwise
    specifically provided in such section and subsection (d) [set out
    as a note above], the provisions of such section, as amended by
    this section, shall apply to all aliens described in subsection (a)
    thereof notwithstanding that (1) any such alien entered the United
    States before the date of the enactment of this Act, or (2) the
    facts, by reason of which an alien is described in such subsection,
    occurred before the date of the enactment of this Act."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                         REPORT ON CRIMINAL ALIENS                     
      Section 510 of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 306(a)(8), (9), Dec. 12, 1991, 105 Stat. 1751,
    provided that the Attorney General was to submit to appropriate
    Committees of Congress, by not later than Dec. 1, 1991, a report
    describing efforts of Immigration and Naturalization Service to
    identify, apprehend, detain, and remove from the United States
    aliens who have been convicted of crimes in the United States and
    including a criminal alien census and removal plan.

-FOOTNOTE-
    (!1) So in original. Probably should be "in".

-End-

-CITE-
    8 USC Sec. 1228                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1228. Expedited removal of aliens convicted of committing
      aggravated felonies

-STATUTE-
    (a) Removal of criminal aliens
      (1) in general
        The Attorney General shall provide for the availability of
      special removal proceedings at certain Federal, State, and local
      correctional facilities for aliens convicted of any criminal
      offense covered in section 1227(a)(2)(A)(iii), (B), (C), or (D)
      of this title, or any offense covered by section
      1227(a)(2)(A)(ii) of this title for which both predicate offenses
      are, without regard to the date of their commission, otherwise
      covered by section 1227(a)(2)(A)(i) of this title. Such
      proceedings shall be conducted in conformity with section 1229a
      of this title (except as otherwise provided in this section), and
      in a manner which eliminates the need for additional detention at
      any processing center of the Service and in a manner which
      assures expeditious removal following the end of the alien's
      incarceration for the underlying sentence. Nothing in this
      section shall be construed to create any substantive or
      procedural right or benefit that is legally enforceable by any
      party against the United States or its agencies or officers or
      any other person.
      (2) Implementation
        With respect to an alien convicted of an aggravated felony who
      is taken into custody by the Attorney General pursuant to section
      1226(c) of this title, the Attorney General shall, to the maximum
      extent practicable, detain any such felon at a facility at which
      other such aliens are detained. In the selection of such
      facility, the Attorney General shall make reasonable efforts to
      ensure that the alien's access to counsel and right to counsel
      under section 1362 of this title are not impaired.
      (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 removal 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 removal 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 removal
      proceedings conducted under this section.
        (B) The Comptroller General shall monitor, review, and evaluate
      removal 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 removal proceedings conducted under this section
      may adversely affect the ability of such aliens to contest
      removal effectively.
    (b) Removal 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
    section 1227(a)(2)(A)(iii) of this title (relating to conviction of
    an aggravated felony) and issue an order of removal pursuant to the
    procedures set forth in this subsection or section 1229a of this
    title.
      (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; or
        (B) had permanent resident status on a conditional basis (as
      described in section 1186a of this title) at the time that
      proceedings under this section commenced.

      (3) The Attorney General may not execute any order described in
    paragraph (1) until 14 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
    section 1252 of this title.
      (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 proceedings, as the alien shall choose;
        (C) the alien has a reasonable opportunity to inspect the
      evidence and rebut the charges;
        (D) a determination is made for the record that the individual
      upon whom the notice for the proceeding under this section is
      served (either in person or by mail) is, in fact, the alien named
      in such notice;
        (E) a record is maintained for judicial review; and
        (F) the final order of removal is not adjudicated by the same
      person who issues the charges.

      (5) No alien described in this section shall be eligible for any
    relief from removal that the Attorney General may grant in the
    Attorney General's discretion.
    (c) (!1) Presumption of deportability

      An alien convicted of an aggravated felony shall be conclusively
    presumed to be deportable from the United States.
    (c) (!1) Judicial removal
      (1) Authority
        Notwithstanding any other provision of this chapter, a United
      States district court shall have jurisdiction to enter a judicial
      order of removal at the time of sentencing against an alien who
      is deportable, if such an order has been requested by the United
      States Attorney with the concurrence of the Commissioner and if
      the court chooses to exercise such jurisdiction.
      (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 removal.
        (B) Notwithstanding section 1252b (!2) of this title, the
      United States Attorney, with the concurrence of the Commissioner,
      shall file at least 30 days prior to the date set for sentencing
      a charge containing factual allegations regarding the alienage of
      the defendant and identifying the crime or crimes which make the
      defendant deportable under section 1227(a)(2)(A) of this title.

        (C) If the court determines that the defendant has presented
      substantial evidence to establish prima facie eligibility for
      relief from removal 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 section 1229a of this title.
        (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 removed if the Attorney
      General demonstrates that the alien is deportable under this
      chapter.
      (3) Notice, appeal, and execution of judicial order of removal
        (A)(i) A judicial order of removal 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 section
      1252 of this title.
        (iii) Upon execution by the defendant of a valid waiver of the
      right to appeal the conviction on which the order of removal is
      based, the expiration of the period described in section
      1252(b)(1) of this title, or the final dismissal of an appeal
      from such conviction, the order of removal shall become final and
      shall be executed at the end of the prison term in accordance
      with the terms of the order. If the conviction is reversed on
      direct appeal, the order entered pursuant to this section shall
      be void.
        (B) As soon as is practicable after entry of a judicial order
      of removal, the Commissioner shall provide the defendant with
      written notice of the order of removal, which shall designate the
      defendant's country of choice for removal and any alternate
      country pursuant to section 1253(a) (!2) of this title.
      (4) Denial of judicial order
        Denial of a request for a judicial order of removal shall not
      preclude the Attorney General from initiating removal proceedings
      pursuant to section 1229a of this title upon the same ground of
      deportability or upon any other ground of deportability provided
      under section 1227(a) of this title.
      (5) Stipulated judicial order of removal
        The United States Attorney, with the concurrence of the
      Commissioner, may, pursuant to Federal Rule of Criminal Procedure
      11, enter into a plea agreement which calls for the alien, who is
      deportable under this chapter, to waive the right to notice and a
      hearing under this section, and stipulate to the entry of a
      judicial order of removal from the United States as a condition
      of the plea agreement or as a condition of probation or
      supervised release, or both. The United States district court, in
      both felony and misdemeanor cases, and a United States magistrate
      judge in misdemeanor cases, may accept such a stipulation and
      shall have jurisdiction to enter a judicial order of removal
      pursuant to the terms of such stipulation.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 238, formerly ch. 5,
    Sec. 242A, as added Pub. L. 100-690, title VII, Sec. 7347(a), Nov.
    18, 1988, 102 Stat. 4471; amended Pub. L. 101-649, title V, Sec.
    506(a), Nov. 29, 1990, 104 Stat. 5050; Pub. L. 102-232, title III,
    Sec. 309(b)(10), Dec. 12, 1991, 105 Stat. 1759; Pub. L. 103-322,
    title XIII, Sec. 130004(a), (c), Sept. 13, 1994, 108 Stat. 2026,
    2027; Pub. L. 103-416, title II, Secs. 223(a), 224(a), Oct. 25,
    1994, 108 Stat. 4322; Pub. L. 104-132, title IV, Secs. 440(g),
    442(a), (c), Apr. 24, 1996, 110 Stat. 1278-1280; renumbered ch. 4,
    Sec. 238, and amended Pub. L. 104-208, div. C, title III, Secs.
    304(c)(1), 306(d), 308(b)(5), (c)(1), (4)(A), (e)(1)(F), (2)(D),
    (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H), 374(a),
    title VI, Sec. 671(b)(13), (c)(5), (6), Sept. 30, 1996, 110 Stat.
    3009-597, 3009-612, 3009-615, 3009-616, 3009-619, 3009-620, 3009-
    622, 3009-623, 3009-625, 3009-647, 3009-722, 3009-723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For effective date of this section, referred to in subsec.
    (a)(4)(B), see Effective Date note below.
      Section 1252b of this title, referred to in subsec. (c)(2)(B),
    was repealed by Pub. L. 104-208, div. C, title III, Sec. 308(b)(6),
    Sept. 30, 1996, 110 Stat. 3009-615.
      Section 1253 of this title, referred to in subsec. (c)(3)(B), was
    amended generally by Pub. L. 104-208, div. C, title III, Sec.
    307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended,
    subsec. (a) no longer contains provisions relating to alternate
    countries. Provisions similar to those contained in former subsec.
    (a) of section 1253 are now contained in section 1231(b) of this
    title.
      Federal Rule of Criminal Procedure 11, referred to in subsec.
    (c)(5), is set out in the Appendix to Title 18, Crimes and Criminal
    Procedure.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 1252a of this title
    prior to renumbering by Pub. L. 104-208.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1228, act June 27, 1952, ch. 477, title II, ch.
    4, Sec. 238, 66 Stat. 202, as amended, which related to entry
    through or from foreign contiguous territory and adjacent islands,
    was renumbered section 233 of act June 27, 1952, by Pub. L. 104-
    208, div. C, title III, Sec. 308(b)(4), Sept. 30, 1996, 110 Stat.
    3009-615, and was transferred to section 1223 of this title.

                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 308(b)(5), substituted "removal" for
    "deportation" in section catchline.
      Subsec. (a). Pub. L. 104-208, Sec. 308(e)(10), substituted
    "Removal" for "Deportation" in heading.
      Subsec. (a)(1). Pub. L. 104-208, Sec. 308(g)(1), substituted
    "1227(a)(2)(A)(iii)" for "1251(a)(2)(A)(iii)".
      Pub. L. 104-208, Sec. 308(e)(1)(F), substituted "removal" for
    "deportation" in two places.
      Pub. L. 104-208, Sec. 308(c)(4)(A), inserted at end "Nothing in
    this section shall be construed to create any substantive or
    procedural right or benefit that is legally enforceable by any
    party against the United States or its agencies or officers or any
    other person."
      Pub. L. 104-208, Sec. 308(c)(1)(A), substituted "section 1229a"
    for "section 1252".
      Pub. L. 104-132, Sec. 440(g)(1)(B), struck out ", where
    warranted," after "assures expeditious deportation".
      Pub. L. 104-132, Sec. 440(g)(1)(A), as amended by Pub. L. 104-
    208, Secs. 306(d), 308(g)(10)(H), 671(c)(5), substituted "any
    criminal offense covered in section 1251(a)(2)(A)(iii), (B), (C),
    or (D) of this title, or any offense covered by section
    1227(a)(2)(A)(ii) of this title for which both predicate offenses
    are, without regard to the date of their commission, otherwise
    covered by section 1227(a)(2)(A)(i) of this title" for "aggravated
    felonies (as defined in section 1101(a)(43) of this title)".
      Subsec. (a)(2). Pub. L. 104-208, Sec. 308(c)(1)(B), substituted
    "section 1226(c)" for "section 1252(a)(2)".
      Pub. L. 104-132, Sec. 440(g)(2), which directed substitution of
    "any criminal offense covered in section 1251(a)(2)(A)(iii), (B),
    (C), or (D) of this title, or any offense covered by section
    1251(a)(2)(A)(ii) of this title for which both predicate offenses
    are covered by section 1251(a)(2)(A)(i) of this title." for
    "aggravated felony" and all that follows through "before any
    scheduled hearings.", was repealed by Pub. L. 104-208, Sec.
    671(c)(6).
      Subsec. (a)(3), (4). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation" wherever appearing.
      Subsec. (b). Pub. L. 104-208, Sec. 308(e)(10), substituted
    "Removal" for "Deportation" in heading.
      Subsec. (b)(1). Pub. L. 104-208, Sec. 308(g)(5)(C), substituted
    "section 1229a" for "section 1252(b)".
      Pub. L. 104-208, Sec. 308(e)(1)(F), substituted "removal" for
    "deportation".
      Pub. L. 104-208, Sec. 308(c)(1)(C), substituted "section
    1227(a)(2)(A)(iii)" for "section 1251(a)(2)(A)(iii)".
      Subsec. (b)(2)(A). Pub. L. 104-132, Sec. 442(a)(1)(A),
    substituted "or" for "and" at end.
      Subsec. (b)(2)(B). Pub. L. 104-132, Sec. 442(a)(1)(B), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "is not eligible for any relief from deportation under
    this chapter."
      Subsec. (b)(3). Pub. L. 104-208, Sec. 308(g)(2)(A), substituted
    "section 1252" for "section 1105a".
      Pub. L. 104-132, Sec. 442(a)(2), substituted "14 calendar days"
    for "30 calendar days".
      Subsec. (b)(4)(B). Pub. L. 104-132, Sec. 442(a)(3), substituted
    "proceedings" for "proccedings".
      Subsec. (b)(4)(D). Pub. L. 104-208, Sec. 304(c)(1)(A), (B),
    redesignated subpar. (E) as (D) and amended it generally, and
    struck out former subpar. (D). Prior to amendments, subpars. (D)
    and (E) read as follows:
      "(D) such proceedings are conducted in, or translated for the
    alien into, a language the alien understands;
      "(E) a determination is made for the record at such proceedings
    that the individual who appears to respond in such a proceeding is
    an alien subject to such an expedited proceeding under this section
    and is, in fact, the alien named in the notice for such
    proceeding;".
      Pub. L. 104-132, Sec. 442(a)(4)(B), added subpar. (D). Former
    subpar. (D) redesignated (F).
      Subsec. (b)(4)(E). Pub. L. 104-208, Sec. 304(c)(1)(C),
    redesignated subpar. (F) as (E). Former subpar. (E) amended
    generally and redesignated (D).
      Pub. L. 104-132, Sec. 442(a)(4)(B), added subpar. (E). Former
    subpar. (E) redesignated (G).
      Subsec. (b)(4)(F). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation".
      Pub. L. 104-208, Sec. 304(c)(1)(C), redesignated subpar. (G) as
    (F). Former subpar. (F) redesignated (E).
      Pub. L. 104-132, Sec. 442(a)(4)(A), redesignated subpar. (D) as
    (F).
      Subsec. (b)(4)(G). Pub. L. 104-208, Sec. 304(c)(1)(C),
    redesignated subpar. (G) as (F).
      Pub. L. 104-132, Sec. 442(a)(4)(A), redesignated subpar. (E) as
    (G).
      Subsec. (b)(5). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted
    "removal" for "deportation".
      Pub. L. 104-132, Sec. 442(a)(5), added par. (5).
      Subsec. (c). Pub. L. 104-208, Sec. 671(b)(13), redesignated
    subsec. (d) relating to judicial removal as (c).
      Pub. L. 104-208, Sec. 308(e)(10), substituted "removal" for
    "deportation" in heading.
      Pub. L. 104-132, Sec. 442(c), added subsec. (c), relating to
    presumption of deportability.
      Subsec. (c)(1). Pub. L. 104-208, Sec. 308(e)(1)(F), substituted
    "removal" for "deportation".
      Subsec. (c)(2)(A). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation".
      Subsec. (c)(2)(B). Pub. L. 104-208, Sec. 308(g)(1), substituted
    "section 1227(a)(2)(A)" for "section 1251(a)(2)(A)".
      Subsec. (c)(2)(C). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation".
      Subsec. (c)(2)(D)(ii). Pub. L. 104-208, Sec. 308(g)(5)(D),
    substituted "section 1229a" for "section 1252(b)".
      Subsec. (c)(2)(D)(iv). Pub. L. 104-208, Sec. 308(e)(2)(D),
    substituted "removed" for "deported".
      Subsec. (c)(3). Pub. L. 104-208, Sec. 308(e)(10), substituted
    "removal" for "deportation" in heading.
      Subsec. (c)(3)(A)(i). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation".
      Subsec. (c)(3)(A)(ii). Pub. L. 104-208, Sec. 308(g)(2)(A),
    substituted "section 1252" for "section 1105a".
      Subsec. (c)(3)(A)(iii). Pub. L. 104-208, Sec. 308(g)(2)(C),
    substituted "section 1252(b)(1)" for "section 1105a(a)(1)".
      Pub. L. 104-208, Sec. 308(e)(1)(F), substituted "removal" for
    "deportation" in two places.
      Subsec. (c)(3)(B). Pub. L. 104-208, Sec. 308(e)(1)(F),
    substituted "removal" for "deportation" wherever appearing.
      Subsec. (c)(4). Pub. L. 104-208, Sec. 308(g)(5)(A)(ii),
    substituted "section 1229a" for "section 1252".
      Pub. L. 104-208, Sec. 308(g)(1), substituted "section 1227(a)"
    for "section 1251(a)".
      Pub. L. 104-208, Sec. 308(e)(1)(F), substituted "removal" for
    "deportation" in two places.
      Subsec. (c)(5). Pub. L. 104-208, Sec. 308(e)(10), substituted
    "removal" for "deportation" in heading.
      Pub. L. 104-208, Sec. 308(e)(1)(F), substituted "removal" for
    "deportation" in two places.
      Subsec. (d). Pub. L. 104-208, Sec. 671(b)(13), redesignated
    subsec. (d) relating to judicial removal as (c).
      Subsec. (d)(1). Pub. L. 104-208, Sec. 374(a)(1), substituted "who
    is deportable" for "whose criminal conviction causes such alien to
    be deportable under section 1251(a)(2)(A) of this title".
      Subsec. (d)(4). Pub. L. 104-208, Sec. 374(a)(2), struck out
    "without a decision on the merits" after "Denial".
      Subsec. (d)(5). Pub. L. 104-208, Sec. 374(a)(3), added par. (5).
      1994 - Pub. L. 103-322, Sec. 130004(c)(1), struck out "procedures
    for" after "Expedited" in section catchline.
      Subsec. (a)(1). Pub. L. 103-322, Sec. 130004(c)(2), substituted
    subsec. heading for one which read "In general", redesignated
    existing subsec. (a) as par. (1) of subsec. (a), and inserted
    heading.
      Subsec. (a)(2). Pub. L. 103-322, Sec. 130004(c)(3), redesignated
    subsec. (b) as par. (2) of subsec. (a).
      Subsec. (a)(3). Pub. L. 103-322, Sec. 130004(c)(5), redesignated
    subsec. (d) as par. (3) of subsec. (a), and redesignated pars. (1)
    and (2) of former subsec. (d) as subpars. (A) and (B),
    respectively, of subsec. (a)(3).
      Subsec. (a)(4). Pub. L. 103-322, Sec. 130004(c)(6), redesignated
    subsec. (e) as par. (4) of subsec. (a), redesignated par. (1) of
    former subsec. (e) as subpar. (A) of subsec. (a)(4) and struck out
    at end "Within 12 months after the effective date of this section,
    the Attorney General shall submit a report to the Committees on the
    Judiciary of the House of Representatives and of the Senate
    concerning the effectiveness of such deportation proceedings in
    facilitating the deportation of aliens convicted of aggravated
    felonies.", and redesignated par. (2) of former subsec. (e) as
    subpar. (B) of subsec. (a)(4).
      Subsec. (b). Pub. L. 103-322, Sec. 130004(a), added subsec. (b).
    Former subsec. (b) redesignated par. (2) of subsec. (a).
      Subsec. (b)(4)(D), (E). Pub. L. 103-416, Sec. 223(a), struck out
    "the determination of deportability is supported by clear,
    convincing, and unequivocal evidence and" before "a record is" in
    subpar. (D) and substituted "adjudicated" for "entered" in subpar.
    (E).
      Subsec. (c). Pub. L. 103-322, Sec. 130004(c)(4), struck out
    heading and text of subsec. (c). Prior to amendment, text read as
    follows: "An alien convicted of an aggravated felony shall be
    conclusively presumed to be deportable from the United States."
      Subsec. (d). Pub. L. 103-416, Sec. 224(a), added subsec. (d).
      Pub. L. 103-322, Sec. 130004(c)(5), redesignated subsec. (d) as
    par. (3) of subsec. (a).
      Subsec. (e). Pub. L. 103-322, Sec. 130004(c)(6), redesignated
    subsec. (e) as par. (4) of subsec. (a).
      1991 - Subsec. (a). Pub. L. 102-232 inserted closing parenthesis
    before period at end of first sentence.
      1990 - Subsec. (d)(2). Pub. L. 101-649 struck out before period
    at end ", unless the chief prosecutor or the judge in whose
    jurisdiction conviction occurred submits a written request to the
    Attorney General that such alien be so deported".

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 304(c)(2) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by paragraph (1) [amending this section] shall
    be effective as if included in the enactment of section 442(a) of
    Public Law 104-132."
      Amendment by section 308(b)(5), (c)(1), (4)(A), (e)(1)(F),
    (2)(D), (10), (g)(1), (2)(A), (C), (5)(A)(ii), (C), (D), (10)(H) of
    Pub. L. 104-208 effective, with certain transitional provisions, on
    the first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Section 306(d) of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as if included in the
    enactment of the Antiterrorism and Effective Death Penalty Act of
    1996, Pub. L. 104-132.
      Section 374(c) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a)(2) [amending this section] shall
    be effective as if included in the enactment of section 224(a) of
    the Immigration and Nationality Technical Corrections Act of 1994
    [Pub. L. 103-416]."
      Amendment by section 671(b)(13) of Pub. L. 104-208 effective as
    if included in the enactment of the Immigration and Nationality
    Technical Corrections Act of 1994, Pub. L. 103-416, see section
    671(b)(14) of Pub. L. 104-208, set out as a note under section 1101
    of this title.
      Amendment by section 671(c)(5), (6) of Pub. L. 104-208 effective
    as if included in the enactment of subtitle A of title IV of the
    Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-
    132, see section 671(c)(7) of Pub. L. 104-208, set out as a note
    under section 1189 of this title.
      Section 442(d) of Pub. L. 104-132 provided that: "The amendments
    made by this section [amending this section and section 1105a of
    this title] shall become effective no later than 60 days after the
    publication by the Attorney General of implementing regulations
    that shall be published on or before January 1, 1997."

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by section 224(a) of Pub. L. 103-416 applicable to all
    aliens whose adjudication of guilt or guilty plea is entered in the
    record after Oct. 25, 1994, see section 224(c) of Pub. L. 103-416,
    set out as a note under section 1252 of this title.
      Section 130004(d) of Pub. L. 103-322 provided that: "The
    amendments made by this section [amending this section and section
    1105a of this title] shall apply to all aliens against whom
    deportation proceedings are initiated after the date of enactment
    of this Act [Sept. 13, 1994]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 506(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 29, 1990]."

                              EFFECTIVE DATE                          
      Section 7347(c) of Pub. L. 100-690 provided that: "The amendments
    made by subsections (a) and (b) [enacting this section and amending
    section 1105a of this title] shall apply in the case of any alien
    convicted of an aggravated felony on or after the date of the
    enactment of this Act [Nov. 18, 1988]."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

                   EXPANDED SPECIAL REMOVAL PROCEEDINGS               
      Section 130007 of Pub. L. 103-322, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(g)(5)(F), (10)(F), title VI, Sec.
    671(a)(6), Sept. 30, 1996, 110 Stat. 3009-623, 3009-625, 3009-721,
    provided that:
      "(a) In General. - Subject to the availability of appropriations,
    the Attorney General may expand the program authorized by
    section[s] 238(a)(3) and 239(d) of the Immigration and Nationality
    Act [8 U.S.C. 1228(a)(3), 1229(d)] to ensure that such aliens are
    immediately deportable upon their release from incarceration.
      "(b) Detention and Removal of Criminal Aliens. - Subject to the
    availability of appropriations, the Attorney General may - 
        "(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) Report. - By September 30, 1996, and September 30, 1998 the
    Attorney General shall report to the Congress on the programs
    referred to in subsections (a) and (b). The report shall include an
    evaluation of the programs, an outcome-based measurement of
    performance, and an analysis of the cost effectiveness of the
    additional resources provided under this Act [see Tables for
    classification].
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section - 
        "(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."

-FOOTNOTE-
    (!1) So in original. Two subsecs. (c) have been enacted.

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1229                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1229. Initiation of removal proceedings

-STATUTE-
    (a) Notice to appear
      (1) In general
        In removal proceedings under section 1229a of this title,
      written notice (in this section referred to as a "notice to
      appear") shall be given in person to the alien (or, if personal
      service is not practicable, through service by mail to the alien
      or to the alien's counsel of record, if any) specifying the
      following:
          (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 (i) a period of time to secure counsel under
        subsection (b)(1) of this section and (ii) a current 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 section
        1229a of this title.
          (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 section 1229a(b)(5) of this
        title of failure to provide address and telephone information
        pursuant to this subparagraph.
          (G)(i) The time and place at which the proceedings will be
        held.
          (ii) The consequences under section 1229a(b)(5) of this title
        of the failure, except under exceptional circumstances, to
        appear at such proceedings.
      (2) Notice of change in time or place of proceedings
        (A) In general
          In removal proceedings under section 1229a of this title, in
        the case of any change or postponement in the time and place of
        such proceedings, subject to subparagraph (B) a written notice
        shall be given in person to the alien (or, if personal service
        is not practicable, through service by mail to the alien or to
        the alien's counsel of record, if any) specifying - 
            (i) the new time or place of the proceedings, and
            (ii) the consequences under section 1229a(b)(5) of this
          title of failing, except under exceptional circumstances, to
          attend such proceedings.
        (B) Exception
          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 paragraph (1)(F).
      (3) 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
      section 1229a of this title, the hearing date shall not be
      scheduled earlier than 10 days after the service of the notice to
      appear, unless the alien requests in writing an earlier hearing
      date.
      (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
      section 1229a of this title. Such lists shall be provided under
      subsection (a)(1)(E) of this section and otherwise made generally
      available.
      (3) Rule of construction
        Nothing in this subsection may be construed to prevent the
      Attorney General from proceeding against an alien pursuant to
      section 1229a of this title if the time period described in
      paragraph (1) has elapsed and the alien has failed to secure
      counsel.
    (c) Service by mail
      Service by mail under this section shall be sufficient if there
    is proof of attempted delivery to the last address provided by the
    alien in accordance with subsection (a)(1)(F) of this section.
    (d) Prompt initiation of removal
      (1) In the case of an alien who is convicted of an offense which
    makes the alien deportable, the Attorney General shall begin any
    removal proceeding as expeditiously as possible after the date of
    the conviction.
      (2) Nothing in this subsection shall be construed to create any
    substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its agencies
    or officers or any other person.
    (e) Certification of compliance with restrictions on disclosure
      (1) In general
        In cases where an enforcement action leading to a removal
      proceeding was taken against an alien at any of the locations
      specified in paragraph (2), the Notice to Appear shall include a
      statement that the provisions of section 1367 of this title have
      been complied with.
      (2) Locations
        The locations specified in this paragraph are as follows:
          (A) At a domestic violence shelter, a rape crisis center,
        supervised visitation center, family justice center, a victim
        services, or victim services provider, or a community-based
        organization.
          (B) At a courthouse (or in connection with that appearance of
        the alien at a courthouse) if the alien is appearing in
        connection with a protection order case, child custody case, or
        other civil or criminal case relating to domestic violence,
        sexual assault, trafficking, or stalking in which the alien has
        been battered or subject to extreme cruelty or if the alien is
        described in subparagraph (T) or (U) of section 1101(a)(15) of
        this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 239, as added Pub.
    L. 104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110
    Stat. 3009-587; amended Pub. L. 109-162, title VIII, Sec.
    825(c)(1), Jan. 5, 2006, 119 Stat. 3065; Pub. L. 109-271, Sec.
    6(d), Aug. 12, 2006, 120 Stat. 763.)

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1229, act June 27, 1952, ch. 477, title II, ch.
    4, Sec. 239, 66 Stat. 203, as amended, which related to designation
    of ports of entry for aliens arriving by aircraft, was renumbered
    section 234 of act June 27, 1952, by Pub. L. 104-208, div. C, title
    III, Sec. 304(a)(1), Sept. 30, 1996, 110 Stat. 3009-587, and was
    transferred to section 1224 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (e). Pub. L. 109-162 added subsec. (e).
      Subsec. (e)(2)(B). Pub. L. 109-271 substituted "(U)" for "(V)".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-162, title VIII, Sec. 825(c)(2), Jan. 5, 2006, 119
    Stat. 3065, provided that: "The amendment made by paragraph (1)
    [amending this section] shall take effect on the date that is 30
    days after the date of the enactment of this Act [Jan. 5, 2006] and
    shall apply to apprehensions occurring on or after such date."

                              EFFECTIVE DATE                          
      Section effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1229a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1229a. Removal proceedings

-STATUTE-
    (a) Proceeding
      (1) In general
        An immigration judge shall conduct proceedings for deciding the
      inadmissibility or deportability of an alien.
      (2) Charges
        An alien placed in proceedings under this section may be
      charged with any applicable ground of inadmissibility under
      section 1182(a) of this title or any applicable ground of
      deportability under section 1227(a) of this title.
      (3) Exclusive procedures
        Unless otherwise specified in this chapter, a proceeding under
      this section shall be the sole and exclusive procedure for
      determining whether an alien may be admitted to the United States
      or, if the alien has been so admitted, removed from the United
      States. Nothing in this section shall affect proceedings
      conducted pursuant to section 1228 of this title.
    (b) Conduct of proceeding
      (1) Authority of immigration judge
        The immigration judge shall administer oaths, receive evidence,
      and interrogate, examine, and cross-examine the alien and any
      witnesses. The immigration judge may issue subpoenas for the
      attendance of witnesses and presentation of evidence. The
      immigration judge shall have authority (under regulations
      prescribed by the Attorney General) to sanction by civil money
      penalty any action (or inaction) in contempt of the judge's
      proper exercise of authority under this chapter.
      (2) Form of proceeding
        (A) In general
          The proceeding may take place - 
            (i) in person,
            (ii) where agreed to by the parties, in the absence of the
          alien,
            (iii) through video conference, or
            (iv) subject to subparagraph (B), through telephone
          conference.
        (B) Consent required in certain cases
          An evidentiary hearing on the merits may only be conducted
        through a telephone conference with the consent of the alien
        involved after the alien has been advised of the right to
        proceed in person or through video conference.
      (3) Presence of alien
        If it is impracticable by reason of an alien's mental
      incompetency for the alien to be present at the proceeding, the
      Attorney General shall prescribe safeguards to protect the rights
      and privileges of the alien.
      (4) Alien's rights in proceeding
        In proceedings under this section, under regulations of the
      Attorney General - 
          (A) the alien shall have the privilege of being represented,
        at no expense to the Government, by counsel of the alien's
        choosing who is authorized to practice in such proceedings,
          (B) the alien shall have a reasonable opportunity to examine
        the evidence against the alien, to present evidence on the
        alien's own behalf, and to cross-examine witnesses presented by
        the Government but these rights shall not entitle the alien to
        examine such national security information as the Government
        may proffer in opposition to the alien's admission to the
        United States or to an application by the alien for
        discretionary relief under this chapter, and
          (C) a complete record shall be kept of all testimony and
        evidence produced at the proceeding.
      (5) Consequences of failure to appear
        (A) In general
          Any alien who, after written notice required under paragraph
        (1) or (2) of section 1229(a) of this title has been provided
        to the alien or the alien's counsel of record, does not attend
        a proceeding under this section, shall be ordered removed in
        absentia if the Service establishes by clear, unequivocal, and
        convincing evidence that the written notice was so provided and
        that the alien is removable (as defined in subsection (e)(2) of
        this section). The written notice by the Attorney General shall
        be considered sufficient for purposes of this subparagraph if
        provided at the most recent address provided under section
        1229(a)(1)(F) of this title.
        (B) No notice if failure to provide address information
          No written notice shall be required under subparagraph (A) if
        the alien has failed to provide the address required under
        section 1229(a)(1)(F) of this title.
        (C) Rescission of order
          Such an order may be rescinded only - 
            (i) upon a motion to reopen filed within 180 days after the
          date of the order of removal if the alien demonstrates that
          the failure to appear was because of exceptional
          circumstances (as defined in subsection (e)(1) of this
          section), or
            (ii) upon a motion to reopen filed at any time if the alien
          demonstrates that the alien did not receive notice in
          accordance with paragraph (1) or (2) of section 1229(a) of
          this title or the alien demonstrates that the alien was in
          Federal or State custody and the failure to appear was
          through no fault of the alien.

        The filing of the motion to reopen described in clause (i) or
        (ii) shall stay the removal of the alien pending disposition of
        the motion by the immigration judge.
        (D) Effect on judicial review
          Any petition for review under section 1252 of this title of
        an order entered in absentia under this paragraph shall (except
        in cases described in section 1252(b)(5) of this title) be
        confined to (i) the validity of the notice provided to the
        alien, (ii) the reasons for the alien's not attending the
        proceeding, and (iii) whether or not the alien is removable.
        (E) Additional application to certain aliens in contiguous
          territory
          The preceding provisions of this paragraph shall apply to all
        aliens placed in proceedings under this section, including any
        alien who remains in a contiguous foreign territory pursuant to
        section 1225(b)(2)(C) of this title.
      (6) Treatment of frivolous behavior
        The Attorney General shall, by regulation - 
          (A) define in a proceeding before an immigration judge or
        before an appellate administrative body under this subchapter,
        frivolous behavior for which attorneys may be sanctioned,
          (B) specify the circumstances under which an administrative
        appeal of a decision or ruling will be considered frivolous and
        will be summarily dismissed, and
          (C) impose appropriate sanctions (which may include
        suspension and disbarment) in the case of frivolous behavior.

      Nothing in this paragraph shall be construed as limiting the
      authority of the Attorney General to take actions with respect to
      inappropriate behavior.
      (7) Limitation on discretionary relief for failure to appear
        Any alien against whom a final order of removal is entered in
      absentia under this subsection and who, at the time of the notice
      described in paragraph (1) or (2) of section 1229(a) of this
      title, 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 (e)(1) of this section)
      to attend a proceeding under this section, shall not be eligible
      for relief under section 1229b, 1229c, 1255, 1258, or 1259 of
      this title for a period of 10 years after the date of the entry
      of the final order of removal.
    (c) Decision and burden of proof
      (1) Decision
        (A) In general
          At the conclusion of the proceeding the immigration judge
        shall decide whether an alien is removable from the United
        States. The determination of the immigration judge shall be
        based only on the evidence produced at the hearing.
        (B) Certain medical decisions
          If a medical officer or civil surgeon or board of medical
        officers has certified under section 1222(b) of this title that
        an alien has a disease, illness, or addiction which would make
        the alien inadmissible under paragraph (1) of section 1182(a)
        of this title, the decision of the immigration judge shall be
        based solely upon such certification.
      (2) Burden on alien
        In the proceeding the alien has the burden of establishing - 
          (A) if the alien is an applicant for admission, that the
        alien is clearly and beyond doubt entitled to be admitted and
        is not inadmissible under section 1182 of this title; or
          (B) by clear and convincing evidence, that the alien is
        lawfully present in the United States pursuant to a prior
        admission.

      In meeting the burden of proof under subparagraph (B), the alien
      shall have access to the alien's visa or other entry document, if
      any, and any other records and documents, not considered by the
      Attorney General to be confidential, pertaining to the alien's
      admission or presence in the United States.
      (3) Burden on service in cases of deportable aliens
        (A) In general
          In the proceeding the Service has the burden of establishing
        by clear and convincing evidence that, in the case of an alien
        who has been admitted to the United States, the alien is
        deportable. No decision on deportability shall be valid unless
        it is based upon reasonable, substantial, and probative
        evidence.
        (B) Proof of convictions
          In any proceeding under this chapter, any of the following
        documents or records (or a certified copy of such an official
        document or record) shall constitute proof of a criminal
        conviction:
            (i) An official record of judgment and conviction.
            (ii) An official record of plea, verdict, and sentence.
            (iii) A docket entry from court records that indicates the
          existence of the conviction.
            (iv) Official minutes of a court proceeding or a transcript
          of a court hearing in which the court takes notice of the
          existence of the conviction.
            (v) An abstract of a record of conviction prepared by the
          court in which the conviction was entered, or by a State
          official associated with the State's repository of criminal
          justice records, that indicates the charge or section of law
          violated, the disposition of the case, the existence and date
          of conviction, and the sentence.
            (vi) Any document or record prepared by, or under the
          direction of, the court in which the conviction was entered
          that indicates the existence of a conviction.
            (vii) Any document or record attesting to the conviction
          that is maintained by an official of a State or Federal penal
          institution, which is the basis for that institution's
          authority to assume custody of the individual named in the
          record.
        (C) Electronic records
          In any proceeding under this chapter, any record of
        conviction or abstract that has been submitted by electronic
        means to the Service from a State or court shall be admissible
        as evidence to prove a criminal conviction if it is - 
            (i) certified by a State official associated with the
          State's repository of criminal justice records as an official
          record from its repository or by a court official from the
          court in which the conviction was entered as an official
          record from its repository, and
            (ii) certified in writing by a Service official as having
          been received electronically from the State's record
          repository or the court's record repository.

        A certification under clause (i) may be by means of a computer-
        generated signature and statement of authenticity.
      (4) Applications for relief from removal
        (A) In general
          An alien applying for relief or protection from removal has
        the burden of proof to establish that the alien - 
            (i) satisfies the applicable eligibility requirements; and
            (ii) with respect to any form of relief that is granted in
          the exercise of discretion, that the alien merits a favorable
          exercise of discretion.
        (B) Sustaining burden
          The applicant must comply with the applicable requirements to
        submit information or documentation in support of the
        applicant's application for relief or protection as provided by
        law or by regulation or in the instructions for the application
        form. In evaluating the testimony of the applicant or other
        witness in support of the application, the immigration judge
        will determine whether or not the testimony is credible, is
        persuasive, and refers to specific facts sufficient to
        demonstrate that the applicant has satisfied the applicant's
        burden of proof. In determining whether the applicant has met
        such burden, the immigration judge shall weigh the credible
        testimony along with other evidence of record. Where the
        immigration judge determines that the applicant should provide
        evidence which corroborates otherwise credible testimony, such
        evidence must be provided unless the applicant demonstrates
        that the applicant does not have the evidence and cannot
        reasonably obtain the evidence.
        (C) Credibility determination
          Considering the totality of the circumstances, and all
        relevant factors, the immigration judge may base a credibility
        determination on the demeanor, candor, or responsiveness of the
        applicant or witness, the inherent plausibility of the
        applicant's or witness's account, the consistency between the
        applicant's or witness's written and oral statements (whenever
        made and whether or not under oath, and considering the
        circumstances under which the statements were made), the
        internal consistency of each such statement, the consistency of
        such statements with other evidence of record (including the
        reports of the Department of State on country conditions), and
        any inaccuracies or falsehoods in such statements, without
        regard to whether an inconsistency, inaccuracy, or falsehood
        goes to the heart of the applicant's claim, or any other
        relevant factor. There is no presumption of credibility,
        however, if no adverse credibility determination is explicitly
        made, the applicant or witness shall have a rebuttable
        presumption of credibility on appeal.
      (5) Notice
        If the immigration judge decides that the alien is removable
      and orders the alien to be removed, the judge shall inform the
      alien of the right to appeal that decision and of the
      consequences for failure to depart under the order of removal,
      including civil and criminal penalties.
      (6) Motions to reconsider
        (A) In general
          The alien may file one motion to reconsider a decision that
        the alien is removable from the United States.
        (B) Deadline
          The motion must be filed within 30 days of the date of entry
        of a final administrative order of removal.
        (C) Contents
          The motion shall specify the errors of law or fact in the
        previous order and shall be supported by pertinent authority.
      (7) Motions to reopen
        (A) In general
          An alien may file one motion to reopen proceedings under this
        section, except that this limitation shall not apply so as to
        prevent the filing of one motion to reopen described in
        subparagraph (C)(iv).
        (B) Contents
          The motion to reopen shall state the new facts that will be
        proven at a hearing to be held if the motion is granted, and
        shall be supported by affidavits or other evidentiary material.
        (C) Deadline
          (i) In general
            Except as provided in this subparagraph, the motion to
          reopen shall be filed within 90 days of the date of entry of
          a final administrative order of removal.
          (ii) Asylum
            There is no time limit on the filing of a motion to reopen
          if the basis of the motion is to apply for relief under
          sections (!1) 1158 or 1231(b)(3) of this title and is based
          on changed country conditions arising in the country of
          nationality or the country to which removal has been ordered,
          if such evidence is material and was not available and would
          not have been discovered or presented at the previous
          proceeding.

          (iii) Failure to appear
            The filing of a motion to reopen an order entered pursuant
          to subsection (b)(5) of this section is subject to the
          deadline specified in subparagraph (C) of such subsection.
          (iv) Special rule for battered spouses, children, and parents
            Any limitation under this section on the deadlines for
          filing such motions shall not apply - 
              (I) if the basis for the motion is to apply for relief
            under clause (iii) or (iv) of section 1154(a)(1)(A) of this
            title, clause (ii) or (iii) of section 1154(a)(1)(B) of
            this title,,(!1) section 1229b(b) of this title, or section
            1254(a)(3) of this title (as in effect on March 31, 1997);
              (II) if the motion is accompanied by a cancellation of
            removal application to be filed with the Attorney General
            or by a copy of the self-petition that has been or will be
            filed with the Immigration and Naturalization Service upon
            the granting of the motion to reopen;
              (III) if the motion to reopen is filed within 1 year of
            the entry of the final order of removal, except that the
            Attorney General may, in the Attorney General's discretion,
            waive this time limitation in the case of an alien who
            demonstrates extraordinary circumstances or extreme
            hardship to the alien's child; and
              (IV) if the alien is physically present in the United
            States at the time of filing the motion.

          The filing of a motion to reopen under this clause shall only
          stay the removal of a qualified alien (as defined in section
          1641(c)(1)(B) of this title (!2) pending the final
          disposition of the motion, including exhaustion of all
          appeals if the motion establishes that the alien is a
          qualified alien.

    (d) Stipulated removal
      The Attorney General shall provide by regulation for the entry by
    an immigration judge of an order of removal stipulated to by the
    alien (or the alien's representative) and the Service. A stipulated
    order shall constitute a conclusive determination of the alien's
    removability from the United States.
    (e) Definitions
      In this section and section 1229b of this title:
      (1) Exceptional circumstances
        The term "exceptional circumstances" refers to exceptional
      circumstances (such as battery or extreme cruelty to the alien or
      any child or parent of the alien, serious illness of the alien,
      or serious illness or death of the spouse, child, or parent of
      the alien, but not including less compelling circumstances)
      beyond the control of the alien.
      (2) Removable
        The term "removable" means - 
          (A) in the case of an alien not admitted to the United
        States, that the alien is inadmissible under section 1182 of
        this title, or
          (B) in the case of an alien admitted to the United States,
        that the alien is deportable under section 1227 of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 240, as added Pub.
    L. 104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110
    Stat. 3009-589; amended Pub. L. 106-386, div. B, title V, Sec.
    1506(c)(1)(A), Oct. 28, 2000, 114 Stat. 1528; Pub. L. 109-13, div.
    B, title I, Sec. 101(d), May 11, 2005, 119 Stat. 304; Pub. L. 109-
    162, title VIII, Secs. 813(a)(1), 825(a), Jan. 5, 2006, 119 Stat.
    3057, 3063.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1254 of this title, referred to in subsec.
    (c)(7)(C)(iv)(I), was repealed by Pub. L. 104-208, div. C, title
    III, Sec. 308(b)(7), Sept. 30, 1996, 110 Stat. 3009-615.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 240 of act June 27, 1952, was renumbered section
    240C, and is classified to section 1230 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (c)(7)(A). Pub. L. 109-162, Sec. 825(a)(1),
    inserted before period at end ", except that this limitation shall
    not apply so as to prevent the filing of one motion to reopen
    described in subparagraph (C)(iv)".
       Subsec. (c)(7)(C)(iv). Pub. L. 109-162, Sec. 825(a)(2)(A), (B),
    substituted "spouses, children, and parents" for "spouses and
    children" in heading and "Any limitation under this section on the
    deadlines for filing such motions shall not apply" for "The
    deadline specified in subsection (b)(5)(C) of this section for
    filing a motion to reopen does not apply" in introductory
    provisions.
      Subsec. (c)(7)(C)(iv)(I). Pub. L. 109-162, Sec. 825(a)(2)(C),
    which directed substitution of ", section 1229b(b) of this title,
    or section 1254(a)(3) of this title (as in effect on March 31,
    1997)" for "or section 1229b(b) of this title", was executed by
    making the substitution for "or section 1229b(b)(2) of this title",
    to reflect the probable intent of Congress.
      Subsec. (c)(7)(C)(iv)(IV). Pub. L. 109-162, Sec. 825(a)(2)(D)-
    (F), added subcl. (IV).
      Subsec. (e)(1). Pub. L. 109-162, Sec. 813(a)(1), substituted
    "battery or extreme cruelty to the alien or any child or parent of
    the alien, serious illness of the alien," for "serious illness of
    the alien".
      2005 - Subsec. (c)(4) to (7). Pub. L. 109-13 added par. (4) and
    redesignated former pars. (4) to (6) as (5) to (7), respectively.
      2000 - Subsec. (c)(6)(C)(iv). Pub. L. 106-386 added cl. (iv).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-162, title VIII, Sec. 813(a)(2), Jan. 5, 2006, 119
    Stat. 3058, provided that: "The amendment made by paragraph (1)
    [amending this section] shall apply to a failure to appear that
    occurs before, on, or after the date of the enactment of this Act
    [Jan. 5, 2006]."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-13 effective May 11, 2005, and
    applicable to applications for asylum, withholding, or other relief
    from removal made on or after such date, see section 101(h)(2) of
    Pub. L. 109-13, set out as a note under section 1158 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-386, div. B, title V, Sec. 1506(c)(1)(B), Oct. 28,
    2000, 114 Stat. 1528, provided that: "The amendment made by
    subparagraph (A) [amending this section] shall take effect as if
    included in the enactment of section 304 of the Illegal Immigration
    Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1229-
    1229c) [Pub. L. 104-208]."

                              EFFECTIVE DATE                          
      Section effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.
      Subsec. (c)(3)(B), (C) of this section applicable to proving
    convictions entered before, on, or after Sept. 30, 1996, see
    section 322(c) of Pub. L. 104-208, set out as an Effective Date of
    1996 Amendments note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     ELIMINATION OF TIME LIMITATIONS ON MOTIONS TO REOPEN DEPORTATION
               PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE
      Pub. L. 106-386, div. B, title V, Sec. 1506(c)(2), Oct. 28, 2000,
    114 Stat. 1528, as amended by Pub. L. 109-162, title VIII, Secs.
    814(a), 825(b), Jan. 5, 2006, 119 Stat. 3058, 3064, provided that:
      "(A)(i) In general. - Notwithstanding any limitation imposed by
    law on motions to reopen or rescind deportation proceedings under
    the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] (as in
    effect before the title III-A effective date in section 309 of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    [Pub. L. 104-208] (8 U.S.C. 1101 note)) - 
        "(I) there is no time limit on the filing of a motion to reopen
      such proceedings, and the deadline specified in section
      242B(c)(3) of the Immigration and Nationality Act (as so in
      effect) (8 U.S.C. 1252b(c)(3)) does not apply - 
          "(aa) if the basis of the motion is to apply for relief under
        clause (iii) or (iv) of section 204(a)(1)(A) of the Immigration
        and Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or
        (iii) of section 204(a)(1)(B) of such Act (8 U.S.C.
        1154(a)(1)(B)), or section 244(a)(3) of such Act (as so in
        effect) (8 U.S.C. 1254(a)(3)); and
          "(bb) if the motion is accompanied by a suspension of
        deportation application to be filed with the Secretary of
        Homeland Security or by a copy of the self-petition that will
        be filed with the Department of Homeland Security upon the
        granting of the motion to reopen; and
        "(II) any such limitation shall not apply so as to prevent the
      filing of one motion to reopen described in section
      240(c)(7)(C)(iv) of the Immigration and Nationality Act (8 U.S.C.
      1229a(c)(7)).
      "(ii) Prima facie case. - The filing of a motion to reopen under
    this subparagraph shall only stay the removal of a qualified alien
    (as defined in section 431(c)(1)(B) of the Personal Responsibility
    and Work Opportunity Reconciliation Act of 1996 (8 U.S.C.
    1641(c)(1)(B))[)] pending the final disposition of the motion,
    including exhaustion of all appeals if the motion establishes that
    the alien is a qualified alien.
      "(B) Applicability. - Subparagraph (A) shall apply to motions
    filed by aliens who are physically present in the United States and
    who - 
        "(i) are, or were, in deportation or exclusion proceedings
      under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]
      (as in effect before the title III-A effective date in section
      309 of the Illegal Immigration Reform and Immigrant
      Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
        "(ii) have become eligible to apply for relief described in
      subparagraph (A)(i) as a result of the amendments made by - 
          "(I) subtitle G [Sec. 40701 et seq.] of title IV of the
        Violent Crime Control and Law Enforcement Act of 1994 (Public
        Law 103-322; 108 Stat. 1953 et seq.) [see Tables for
        classification]; or
          "(II) this title [see Short Title of 2000 Amendment note set
        out under section 1101 of this title]."

    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of this chapter, any reference in law to an order of
    removal is deemed to include a reference to an order of exclusion
    and deportation or an order of deportation, see section 309(d)(2)
    of Pub. L. 104-208, set out in an Effective Date of 1996 Amendments
    note under section 1101 of this title.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. A closing parenthesis probably should
         appear.

-End-

-CITE-
    8 USC Sec. 1229b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1229b. Cancellation of removal; adjustment of status

-STATUTE-
    (a) Cancellation of removal for certain permanent residents
      The Attorney General may cancel removal in the case of an alien
    who is inadmissible or deportable from the United States if the
    alien - 
        (1) has been an alien lawfully admitted for permanent residence
      for not less than 5 years,
        (2) has resided in the United States continuously for 7 years
      after having been admitted in any status, and
        (3) has not been convicted of any aggravated felony.
    (b) Cancellation of removal and adjustment of status for certain
      nonpermanent residents
      (1) In general
        The Attorney General may cancel removal of, and adjust to the
      status of an alien lawfully admitted for permanent residence, an
      alien who is inadmissible or deportable from the United States if
      the alien - 
          (A) has been physically present in the United States for a
        continuous period of not less than 10 years immediately
        preceding the date of such application;
          (B) has been a person of good moral character during such
        period;
          (C) has not been convicted of an offense under section
        1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to
        paragraph (5); and
          (D) establishes that removal would result in exceptional and
        extremely unusual hardship to the alien's spouse, parent, or
        child, who is a citizen of the United States or an alien
        lawfully admitted for permanent residence.
      (2) Special rule for battered spouse or child
        (A) Authority
          The Attorney General may cancel removal of, and adjust to the
        status of an alien lawfully admitted for permanent residence,
        an alien who is inadmissible or deportable from the United
        States if the alien demonstrates that - 
            (i)(I) the alien has been battered or subjected to extreme
          cruelty by a spouse or parent who is or was a United States
          citizen (or is the parent of a child of a United States
          citizen and the child has been battered or subjected to
          extreme cruelty by such citizen parent);
            (II) the alien has been battered or subjected to extreme
          cruelty by a spouse or parent who is or was a lawful
          permanent resident (or is the parent of a child of an alien
          who is or was a lawful permanent resident and the child has
          been battered or subjected to extreme cruelty by such
          permanent resident parent); or
            (III) the alien has been battered or subjected to extreme
          cruelty by a United States citizen or lawful permanent
          resident whom the alien intended to marry, but whose marriage
          is not legitimate because of that United States citizen's or
          lawful permanent resident's bigamy;
            (ii) the alien has been physically present in the United
          States for a continuous period of not less than 3 years
          immediately preceding the date of such application, and the
          issuance of a charging document for removal proceedings shall
          not toll the 3-year period of continuous physical presence in
          the United States;
            (iii) the alien has been a person of good moral character
          during such period, subject to the provisions of subparagraph
          (C);
            (iv) the alien is not inadmissible under paragraph (2) or
          (3) of section 1182(a) of this title, is not deportable under
          paragraphs (1)(G) or (2) through (4) of section 1227(a) of
          this title, subject to paragraph (5), and has not been
          convicted of an aggravated felony; and
            (v) the removal would result in extreme hardship to the
          alien, the alien's child, or the alien's parent.
        (B) Physical presence
          Notwithstanding subsection (d)(2) of this section, for
        purposes of subparagraph (A)(ii) or for purposes of section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996), an alien shall not
        be considered to have failed to maintain continuous physical
        presence by reason of an absence if the alien demonstrates a
        connection between the absence and the battering or extreme
        cruelty perpetrated against the alien. No absence or portion of
        an absence connected to the battering or extreme cruelty shall
        count toward the 90-day or 180-day limits established in
        subsection (d)(2) of this section. If any absence or aggregate
        absences exceed 180 days, the absences or portions of the
        absences will not be considered to break the period of
        continuous presence. Any such period of time excluded from the
        180-day limit shall be excluded in computing the time during
        which the alien has been physically present for purposes of the
        3-year requirement set forth in this subparagraph, subparagraph
        (A)(ii), and section 1254(a)(3) of this title (as in effect
        before the title III-A effective date in section 309 of the
        Illegal Immigration Reform and Immigrant Responsibility Act of
        1996).
        (C) Good moral character
          Notwithstanding section 1101(f) of this title, an act or
        conviction that does not bar the Attorney General from granting
        relief under this paragraph by reason of subparagraph (A)(iv)
        shall not bar the Attorney General from finding the alien to be
        of good moral character under subparagraph (A)(iii) or section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996), if the Attorney
        General finds that the act or conviction was connected to the
        alien's having been battered or subjected to extreme cruelty
        and determines that a waiver is otherwise warranted.
        (D) Credible evidence considered
          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.
      (3) Recordation of date
        With respect to aliens who the Attorney General adjusts to the
      status of an alien lawfully admitted for permanent residence
      under paragraph (1) or (2), the Attorney General shall record the
      alien's lawful admission for permanent residence as of the date
      of the Attorney General's cancellation of removal under paragraph
      (1) or (2).
      (4) Children of battered aliens and parents of battered alien
        children
        (A) In general
          The Attorney General shall grant parole under section
        1182(d)(5) of this title to any alien who is a - 
            (i) child of an alien granted relief under section
          1229b(b)(2) or 1254(a)(3) of this title (as in effect before
          the title III-A effective date in section 309 of the Illegal
          Immigration Reform and Immigrant Responsibility Act of 1996);
          or
            (ii) parent of a child alien granted relief under section
          1229b(b)(2) or 1254(a)(3) of this title (as in effect before
          the title III-A effective date in section 309 of the Illegal
          Immigration Reform and Immigrant Responsibility Act of 1996).
        (B) Duration of parole
          The grant of parole shall extend from the time of the grant
        of relief under subsection (b)(2) of this section or section
        1254(a)(3) of this title (as in effect before the title III-A
        effective date in section 309 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996) to the time the
        application for adjustment of status filed by aliens covered
        under this paragraph has been finally adjudicated. Applications
        for adjustment of status filed by aliens covered under this
        paragraph shall be treated as if the applicants were VAWA self-
        petitioners. Failure by the alien granted relief under
        subsection (b)(2) of this section or section 1254(a)(3) of this
        title (as in effect before the title III-A effective date in
        section 309 of the Illegal Immigration Reform and Immigrant
        Responsibility Act of 1996) to exercise due diligence in filing
        a visa petition on behalf of an alien described in clause (i)
        or (ii) may result in revocation of parole.
      (5) Application of domestic violence waiver authority
        The authority provided under section 1227(a)(7) of this title
      may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a
      cancellation of removal and adjustment of status proceeding.
    (c) Aliens ineligible for relief
      The provisions of subsections (a) and (b)(1) of this section
    shall not apply to any of the following aliens:
        (1) An alien who entered the United States as a crewman
      subsequent to June 30, 1964.
        (2) An alien who was admitted to the United States as a
      nonimmigrant exchange alien as defined in section 1101(a)(15)(J)
      of this title, or has acquired the status of such a nonimmigrant
      exchange alien after admission, in order to receive graduate
      medical education or training, regardless of whether or not the
      alien is subject to or has fulfilled the two-year foreign
      residence requirement of section 1182(e) of this title.
        (3) An alien who - 
          (A) was admitted to the United States as a nonimmigrant
        exchange alien as defined in section 1101(a)(15)(J) of this
        title or has acquired the status of such a nonimmigrant
        exchange alien after admission other than to receive graduate
        medical education or training,
          (B) is subject to the two-year foreign residence requirement
        of section 1182(e) of this title, and
          (C) has not fulfilled that requirement or received a waiver
        thereof.

        (4) An alien who is inadmissible under section 1182(a)(3) of
      this title or deportable under section 1227(a)(4) of this title.
        (5) An alien who is described in section 1231(b)(3)(B)(i) of
      this title.
        (6) An alien whose removal has previously been cancelled under
      this section or whose deportation was suspended under section
      1254(a) of this title or who has been granted relief under
      section 1182(c) of this title, as such sections were in effect
      before September 30, 1996.
    (d) Special rules relating to continuous residence or physical
      presence
      (1) Termination of continuous period
        For purposes of this section, any period of continuous
      residence or continuous physical presence in the United States
      shall be deemed to end (A) except in the case of an alien who
      applies for cancellation of removal under subsection (b)(2) of
      this section, when the alien is served a notice to appear under
      section 1229(a) of this title, or (B) when the alien has
      committed an offense referred to in section 1182(a)(2) of this
      title that renders the alien inadmissible to the United States
      under section 1182(a)(2) of this title or removable from the
      United States under section 1227(a)(2) or 1227(a)(4) of this
      title, whichever is earliest.
      (2) Treatment of certain breaks in presence
        An alien shall be considered to have failed to maintain
      continuous physical presence in the United States under
      subsections (b)(1) and (b)(2) of this section if the alien has
      departed from the United States for any period in excess of 90
      days or for any periods in the aggregate exceeding 180 days.
      (3) Continuity not required because of honorable service in Armed
        Forces and presence upon entry into service
        The requirements of continuous residence or continuous physical
      presence in the United States under subsections (a) and (b) of
      this section shall not apply to an alien who - 
          (A) has served for a minimum period of 24 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 the alien's enlistment or induction was in
        the United States.
    (e) Annual limitation
      (1) Aggregate limitation
        Subject to paragraphs (2) and (3), the Attorney General may not
      cancel the removal and adjust the status under this section, nor
      suspend the deportation and adjust the status under section
      1254(a) of this title (as in effect before September 30, 1996),
      of a total of more than 4,000 aliens in any fiscal year. The
      previous sentence shall apply regardless of when an alien applied
      for such cancellation and adjustment, or such suspension and
      adjustment, and whether such an alien had previously applied for
      suspension of deportation under such section 1254(a) of this
      title. The numerical limitation under this paragraph shall apply
      to the aggregate number of decisions in any fiscal year to cancel
      the removal (and adjust the status) of an alien, or suspend the
      deportation (and adjust the status) of an alien, under this
      section or such section 1254(a) of this title.
      (2) Fiscal year 1997
        For fiscal year 1997, paragraph (1) shall only apply to
      decisions to cancel the removal of an alien, or suspend the
      deportation of an alien, made after April 1, 1997.
      Notwithstanding any other provision of law, the Attorney General
      may cancel the removal or suspend the deportation, in addition to
      the normal allotment for fiscal year 1998, of a number of aliens
      equal to 4,000 less the number of such cancellations of removal
      and suspensions of deportation granted in fiscal year 1997 after
      April 1, 1997.
      (3) Exception for certain aliens
        Paragraph (1) shall not apply to the following:
          (A) Aliens described in section 309(c)(5)(C)(i) of the
        Illegal Immigration Reform and Immigrant Responsibility Act of
        1996 (as amended by the Nicaraguan Adjustment and Central
        American Relief Act).
          (B) Aliens in deportation proceedings prior to April 1, 1997,
        who applied for suspension of deportation under section
        1254(a)(3) of this title (as in effect before September 30,
        1996).

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 240A, as added Pub.
    L. 104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110
    Stat. 3009-594; amended Pub. L. 105-100, title II, Sec. 204(a)-(c),
    Nov. 19, 1997, 111 Stat. 2200, 2201; Pub. L. 106-386, div. B, title
    V, Secs. 1504(a), (b), 1505(b)(2), 1506(b)(1), Oct. 28, 2000, 114
    Stat. 1522, 1524, 1525, 1527; Pub. L. 109-162, title VIII, Secs.
    813(c)(1), 822(a), (b), Jan. 5, 2006, 119 Stat. 3058, 3062, 3063;
    Pub. L. 109-271, Sec. 6(e), Aug. 12, 2006, 120 Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1254 of this title, referred to in subsecs. (b)(2)(B),
    (C), (4), (c)(6), and (e)(1), (3)(B), was repealed by Pub. L. 104-
    208, div. C, title III, Sec. 308(b)(7), Sept. 30, 1996, 110 Stat.
    3009-615.
      Section 1182(c) of this title, referred to in subsec. (c)(6), was
    repealed by Pub. L. 104-208, div. C, title III, Sec. 304(b), Sept.
    30, 1996, 110 Stat. 3009-597.
      Section 309 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996, referred to in subsecs. (b)(2)(B), (C),
    (4), and (e)(3)(A), is section 309 of title III of div. C of Pub.
    L. 104-208, as amended, which is set out as a note under section
    1101 of this title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(1)(C). Pub. L. 109-162, Sec. 813(c)(1)(A),
    substituted ", subject to paragraph (5)" for "(except in a case
    described in section 1227(a)(7) of this title where the Attorney
    General exercises discretion to grant a waiver)".
      Subsec. (b)(2)(A)(iv). Pub. L. 109-162, Sec. 813(c)(1)(B),
    substituted ", subject to paragraph (5)" for "(except in a case
    described in section 1227(a)(7) of this title where the Attorney
    General exercises discretion to grant a waiver)".
      Subsec. (b)(2)(B). Pub. L. 109-162, Sec. 822(a)(2), which
    directed amendment of fourth sentence by substituting "this
    subparagraph, subparagraph (A)(ii)," for "subsection (b)(2)(B) of
    this section", was executed by making the substitution for language
    which read in the original "section 240A(b)(2)(B)", to reflect the
    probable intent of Congress.
      Pub. L. 109-162, Sec. 822(a)(1), substituted "(A)(ii)" for
    "(A)(i)(II)" in first sentence.
      Subsec. (b)(2)(C). Pub. L. 109-162, Sec. 822(b), substituted
    "(A)(iii)" for "(A)(i)(III)".
      Subsec. (b)(4)(B). Pub. L. 109-271 substituted "the applicants
    were VAWA self-petitioners" for "they were applications filed under
    section 1154(a)(1)(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of this
    title for purposes of section 1255 (a) and (c) of this title".
      Subsec. (b)(5). Pub. L. 109-162, Sec. 813(c)(1)(C), added par.
    (5).
      2000 - Subsec. (b)(1)(C). Pub. L. 106-386, Sec. 1505(b)(2),
    inserted before semicolon "(except in a case described in section
    1227(a)(7) of this title where the Attorney General exercises
    discretion to grant a waiver)".
      Subsec. (b)(2). Pub. L. 106-386, Sec. 1504(a), amended heading
    and text of par. (2) generally. Prior to amendment, text read as
    follows: "(2) The Attorney General may cancel removal of, and
    adjust to the status of an alien lawfully admitted for permanent
    residence, an alien who is inadmissible or deportable from the
    United States if the alien demonstrates that - 
        "(A) the alien has been battered or subjected to extreme
      cruelty in the United States by a spouse or parent who is a
      United States citizen or lawful permanent resident (or is the
      parent of a child of a United States citizen or lawful permanent
      resident and the child has been battered or subjected to extreme
      cruelty in the United States by such citizen or permanent
      resident parent);
        "(B) the alien has been physically present in the United States
      for a continuous period of not less than 3 years immediately
      preceding the date of such application;
        "(C) the alien has been a person of good moral character during
      such period;
        "(D) the alien is not inadmissible under paragraph (2) or (3)
      of section 1182(a) of this title, is not deportable under
      paragraph (1)(G) or (2) through (4) of section 1227(a) of this
      title, and has not been convicted of an aggravated felony; and
        "(E) the removal would result in extreme hardship to the alien,
      the alien's child, or (in the case of an alien who is a child) to
      the alien's parent.
      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."
      Subsec. (b)(4). Pub. L. 106-386, Sec. 1504(b), added par. (4).
      Subsec. (d)(1). Pub. L. 106-386, Sec. 1506(b)(1), substituted
    "(A) except in the case of an alien who applies for cancellation of
    removal under subsection (b)(2) of this section, when the alien is
    served a notice to appear under section 1229(a) of this title, or
    (B)" for "when the alien is served a notice to appear under section
    1229(a) of this title or".
      1997 - Subsec. (b)(1), (2). Pub. L. 105-100, Sec. 204(b), in
    introductory provisions, substituted "may cancel removal of, and
    adjust to the status of an alien lawfully admitted for permanent
    residence, an alien" for "may cancel removal in the case of an
    alien".
      Subsec. (b)(3). Pub. L. 105-100, Sec. 204(c), amended heading and
    text of par. (3) generally. Prior to amendment, text read as
    follows: "The Attorney General may adjust to the status of an alien
    lawfully admitted for permanent residence any alien who the
    Attorney General determines meets the requirements of paragraph (1)
    or (2). The number of adjustments under this paragraph shall not
    exceed 4,000 for any fiscal year. The Attorney General shall record
    the alien's lawful admission for permanent residence as of the date
    the Attorney General's cancellation of removal under paragraph (1)
    or (2) or determination under this paragraph."
      Subsec. (e). Pub. L. 105-100, Sec. 204(a), amended heading and
    text of subsec. (e) generally. Prior to amendment, text read as
    follows: "The Attorney General may not cancel the removal and
    adjust the status under this section, nor suspend the deportation
    and adjust the status under section 1254(a) of this title (as in
    effect before September 30, 1996), of a total of more than 4,000
    aliens in any fiscal year. The previous sentence shall apply
    regardless of when an alien applied for such cancellation and
    adjustment and whether such an alien had previously applied for
    suspension of deportation under such section 1254(a) of this
    title."

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-386, div. B, title V, Sec. 1504(c), Oct. 28, 2000,
    114 Stat. 1524, provided that: "Any individual who becomes eligible
    for relief by reason of the enactment of the amendments made by
    subsections (a) and (b) [amending this section], shall be eligible
    to file a motion to reopen pursuant to section 240(c)(6)(C)(iv)
    [now 8 U.S.C. 1229a(c)(7)(C)(iv)]. The amendments made by
    subsections (a) and (b) shall take effect as if included in the
    enactment of section 304 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
    587 [3009-587]). Such portions of the amendments made by subsection
    (b) that relate to section 244(a)(3) [8 U.S.C. 1254(a)(3)] (as in
    effect before the title III-A effective date in section 309 of the
    Illegal Immigration Reform and Immigrant Responsibility Act of
    1996) shall take effect as if included in subtitle G [Sec. 40701 et
    seq.] of title IV of the Violent Crime Control and Law Enforcement
    Act of 1994 (Public Law 103-322; 108 Stat. 1953 et seq.) [see
    Tables for classification]."
      Pub. L. 106-386, div. B, title V, Sec. 1506(b)(2), Oct. 28, 2000,
    114 Stat. 1527, provided that: "The amendment made by paragraph (1)
    [amending this section] shall take effect as if included in the
    enactment of section 304 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
    587 [3009-587])."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 204(e) of Pub. L. 105-100 provided that: "The amendments
    made by this section [amending this section and provisions set out
    as a note under section 1101 of this title] shall take effect as if
    included in the enactment of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
    3009-546)."

                              EFFECTIVE DATE                          
      Section effective on the first day of the first month beginning
    more than 180 days after Sept. 30, 1996, with certain transitional
    provisions including provision that subsec. (d)(1), (2) of this
    section be applicable to notices to appear issued before, on, or
    after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out
    as an Effective Date of 1996 Amendments note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
      DISCRETION TO CONSENT TO AN ALIEN'S REAPPLICATION FOR ADMISSION  
      Pub. L. 109-162, title VIII, Sec. 813(b), Jan. 5, 2006, 119 Stat.
    3058, provided that:
      "(1) In general. - The Secretary of Homeland Security, the
    Attorney General, and the Secretary of State shall continue to have
    discretion to consent to an alien's reapplication for admission
    after a previous order of removal, deportation, or exclusion.
      "(2) Sense of congress. - It is the sense of Congress that the
    officials described in paragraph (1) should particularly consider
    exercising this authority in cases under the Violence Against Women
    Act of 1994 [Pub. L. 103-322, title IV, see Tables for
    classification], cases involving nonimmigrants described in
    subparagraph (T) or (U) of section 101(a)(15) of the Immigration
    and Nationality Act (8 U.S.C. 1101(a)(15)), and relief under
    section 240A(b)(2) [8 U.S.C. 1229b(b)(2)] or 244(a)(3) [8 U.S.C.
    1254(a)(3)] of such Act (as in effect on March 31, 1997) pursuant
    to regulations under section 212.2 of title 8, Code of Federal
    Regulations."

-CROSS-
                                DEFINITIONS                            
      For definition of the term "removable" used in subsec. (d)(1),
    see section 1229a(e) of this title.

-End-

-CITE-
    8 USC Sec. 1229c                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1229c. Voluntary departure

-STATUTE-
    (a) Certain conditions
      (1) In general
        The Attorney General may permit an alien voluntarily to depart
      the United States at the alien's own expense under this
      subsection, in lieu of being subject to proceedings under section
      1229a of this title or prior to the completion of such
      proceedings, if the alien is not deportable under section
      1227(a)(2)(A)(iii) or section 1227(a)(4)(B) of this title.
      (2) Period
        (A) In general
          Subject to subparagraph (B), permission to depart voluntarily
        under this subsection shall not be valid for a period exceeding
        120 days.
        (B) Three-year pilot program waiver
          During the period October 1, 2000, through September 30,
        2003, and subject to subparagraphs (C) and (D)(ii), the
        Attorney General may, in the discretion of the Attorney General
        for humanitarian purposes, waive application of subparagraph
        (A) in the case of an alien - 
            (i) who was admitted to the United States as a nonimmigrant
          visitor (described in section 1101(a)(15)(B) of this title)
          under the provisions of the visa waiver pilot program
          established pursuant to section 1187 of this title, seeks the
          waiver for the purpose of continuing to receive medical
          treatment in the United States from a physician associated
          with a health care facility, and submits to the Attorney
          General - 
              (I) a detailed diagnosis statement from the physician,
            which includes the treatment being sought and the expected
            time period the alien will be required to remain in the
            United States;
              (II) a statement from the health care facility containing
            an assurance that the alien's treatment is not being paid
            through any Federal or State public health assistance, that
            the alien's account has no outstanding balance, and that
            such facility will notify the Service when the alien is
            released or treatment is terminated; and
              (III) evidence of financial ability to support the
            alien's day-to-day expenses while in the United States
            (including the expenses of any family member described in
            clause (ii)) and evidence that any such alien or family
            member is not receiving any form of public assistance; or

            (ii) who - 
              (I) is a spouse, parent, brother, sister, son, daughter,
            or other family member of a principal alien described in
            clause (i); and
              (II) entered the United States accompanying, and with the
            same status as, such principal alien.
        (C) Waiver limitations
          (i) Waivers under subparagraph (B) may be granted only upon a
        request submitted by a Service district office to Service
        headquarters.
          (ii) Not more than 300 waivers may be granted for any fiscal
        year for a principal alien under subparagraph (B)(i).
          (iii)(I) Except as provided in subclause (II), in the case of
        each principal alien described in subparagraph (B)(i) not more
        than one adult may be granted a waiver under subparagraph
        (B)(ii).
          (II) Not more than two adults may be granted a waiver under
        subparagraph (B)(ii) in a case in which - 
            (aa) the principal alien described in subparagraph (B)(i)
          is a dependent under the age of 18; or
            (bb) one such adult is age 55 or older or is physically
          handicapped.
        (D) Report to Congress; suspension of waiver authority
          (i) Not later than March 30 of each year, the Commissioner
        shall submit to the Congress an annual report regarding all
        waivers granted under subparagraph (B) during the preceding
        fiscal year.
          (ii) Notwithstanding any other provision of law, the
        authority of the Attorney General under subparagraph (B) shall
        be suspended during any period in which an annual report under
        clause (i) is past due and has not been submitted.
      (3) Bond
        The Attorney General may require an alien permitted to depart
      voluntarily under this subsection to post a voluntary departure
      bond, to be surrendered upon proof that the alien has departed
      the United States within the time specified.
      (4) Treatment of aliens arriving in the United States
        In the case of an alien who is arriving in the United States
      and with respect to whom proceedings under section 1229a of this
      title are (or would otherwise be) initiated at the time of such
      alien's arrival, paragraph (1) shall not apply. Nothing in this
      paragraph shall be construed as preventing such an alien from
      withdrawing the application for admission in accordance with
      section 1225(a)(4) of this title.
    (b) At conclusion of proceedings
      (1) In general
        The Attorney General may permit an alien voluntarily to depart
      the United States at the alien's own expense if, at the
      conclusion of a proceeding under section 1229a of this title, the
      immigration judge enters an order granting voluntary departure in
      lieu of removal and finds that - 
          (A) the alien has been physically present in the United
        States for a period of at least one year immediately preceding
        the date the notice to appear was served under section 1229(a)
        of this title;
          (B) the alien is, and has been, a person of good moral
        character for at least 5 years immediately preceding the
        alien's application for voluntary departure;
          (C) the alien is not deportable under section
        1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and
          (D) the alien has established by clear and convincing
        evidence that the alien has the means to depart the United
        States and intends to do so.
      (2) Period
        Permission to depart voluntarily under this subsection shall
      not be valid for a period exceeding 60 days.
      (3) Bond
        An alien permitted to depart voluntarily under this subsection
      shall be required to post a voluntary departure bond, in an
      amount necessary to ensure that the alien will depart, to be
      surrendered upon proof that the alien has departed the United
      States within the time specified.
    (c) Aliens not eligible
      The Attorney General shall not permit an alien to depart
    voluntarily under this section if the alien was previously
    permitted to so depart after having been found inadmissible under
    section 1182(a)(6)(A) of this title.
    (d) Civil penalty for failure to depart
      (1) In general
        Subject to paragraph (2), if an alien is permitted to depart
      voluntarily under this section and voluntarily fails to depart
      the United States within the time period specified, the alien - 
          (A) shall be subject to a civil penalty of not less than
        $1,000 and not more than $5,000; and
          (B) shall be ineligible, for a period of 10 years, to receive
        any further relief under this section and sections 1229b, 1255,
        1258, and 1259 of this title.
      (2) Application of VAWA protections
        The restrictions on relief under paragraph (1) shall not apply
      to relief under section 1229b or 1255 of this title on the basis
      of a petition filed by a VAWA self-petitioner, or a petition
      filed under section 1229b(b)(2) of this title, or under section
      1254(a)(3) of this title (as in effect prior to March 31, 1997),
      if the extreme cruelty or battery was at least one central reason
      for the alien's overstaying the grant of voluntary departure.
      (3) Notice of penalties
        The order permitting an alien to depart voluntarily shall
      inform the alien of the penalties under this subsection.
    (e) Additional conditions
      The Attorney General may by regulation limit eligibility for
    voluntary departure under this section for any class or classes of
    aliens. No court may review any regulation issued under this
    subsection.
    (f) Judicial review
      No court shall have jurisdiction over an appeal from denial of a
    request for an order of voluntary departure under subsection (b) of
    this section, nor shall any court order a stay of an alien's
    removal pending consideration of any claim with respect to
    voluntary departure.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 240B, as added Pub.
    L. 104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110
    Stat. 3009-596; amended Pub. L. 106-406, Sec. 2, Nov. 1, 2000, 114
    Stat. 1755; Pub. L. 109-162, title VIII, Sec. 812, Jan. 5, 2006,
    119 Stat. 3057.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1254 of this title, referred to in subsec. (d)(2), was
    repealed by Pub. L. 104-208, div. C, title III, Sec. 308(b)(7),
    Sept. 30, 1996, 110 Stat. 3009-615.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (d). Pub. L. 109-162 reenacted heading without
    change and amended text generally. Prior to amendment, text read as
    follows: "If an alien is permitted to depart voluntarily under this
    section and fails voluntarily to depart the United States within
    the time period specified, the alien shall be subject to a civil
    penalty of not less than $1,000 and not more than $5,000, and be
    ineligible for a period of 10 years for any further relief under
    this section and sections 1229b, 1255, 1258, and 1259 of this
    title. The order permitting the alien to depart voluntarily shall
    inform the alien of the penalties under this subsection."
      2000 - Subsec. (a)(2). Pub. L. 106-406 amended heading and text
    of par. (2) generally. Prior to amendment, text read as follows:
    "Permission to depart voluntarily under this subsection shall not
    be valid for a period exceeding 120 days."

                              EFFECTIVE DATE                          
      Section effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1230                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1230. Records of admission

-STATUTE-
      (a) The Attorney General shall cause to be filed, as a record of
    admission of each immigrant, the immigrant visa required by section
    1201(e) of this title to be surrendered at the port of entry by the
    arriving alien to an immigration officer.
      (b) The Attorney General shall cause to be filed such record of
    the admission into the United States of each immigrant admitted
    under section 1181(b) of this title and of each nonimmigrant as the
    Attorney General deems necessary for the enforcement of the
    immigration laws.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 240C, formerly Sec.
    240, 66 Stat. 204; renumbered Sec. 240C and amended Pub. L. 104-
    208, div. C, title III, Secs. 304(a)(2), 308(f)(1)(K), Sept. 30,
    1996, 110 Stat. 3009-587, 3009-621.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-208, Sec. 308(f)(1)(K),
    substituted "admission" for "entry".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1231                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IV - Inspection, Apprehension, Examination, Exclusion, and
               Removal                               

-HEAD-
    Sec. 1231. Detention and removal of aliens ordered removed

-STATUTE-
    (a) Detention, release, and removal of aliens ordered removed
      (1) Removal period
        (A) In general
          Except as otherwise provided in this section, when an alien
        is ordered removed, the Attorney General shall remove the alien
        from the United States within a period of 90 days (in this
        section referred to as the "removal period").
        (B) Beginning of period
          The removal period begins on the latest of the following:
            (i) The date the order of removal becomes administratively
          final.
            (ii) If the removal order is judicially reviewed and if a
          court orders a stay of the removal of the alien, the date of
          the court's final order.
            (iii) If the alien is detained or confined (except under an
          immigration process), the date the alien is released from
          detention or confinement.
        (C) Suspension of period
          The removal period shall be extended beyond a period of 90
        days and the alien may remain in detention during such extended
        period if the alien fails or refuses to make timely application
        in good faith for travel or other documents necessary to the
        alien's departure or conspires or acts to prevent the alien's
        removal subject to an order of removal.
      (2) Detention
        During the removal period, the Attorney General shall detain
      the alien. Under no circumstance during the removal period shall
      the Attorney General release an alien who has been found
      inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this
      title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of
      this title.
      (3) Supervision after 90-day period
        If the alien does not leave or is not removed within the
      removal period, the alien, pending removal, shall be subject to
      supervision under regulations prescribed by the Attorney General.
      The regulations shall include provisions requiring the alien - 
          (A) to appear before an immigration officer periodically for
        identification;
          (B) to submit, if necessary, to a medical and psychiatric
        examination at the expense of the United States Government;
          (C) to give information under oath about the alien's
        nationality, circumstances, habits, associations, and
        activities, and other information the Attorney General
        considers appropriate; and
          (D) to obey reasonable written restrictions on the alien's
        conduct or activities that the Attorney General prescribes for
        the alien.
      (4) Aliens imprisoned, arrested, or on parole, supervised
        release, or probation
        (A) In general
          Except as provided in section 259(a) (!1) of title 42 and
        paragraph (2),(!2) the Attorney General may not remove an alien
        who is sentenced to imprisonment until the alien is released
        from imprisonment. Parole, supervised release, probation, or
        possibility of arrest or further imprisonment is not a reason
        to defer removal.

        (B) Exception for removal of nonviolent offenders prior to
          completion of sentence of imprisonment
          The Attorney General is authorized to remove an alien in
        accordance with applicable procedures under this chapter before
        the alien has completed a sentence of imprisonment - 
            (i) in the case of an alien in the custody of the Attorney
          General, if the Attorney General determines that (I) the
          alien is confined pursuant to a final conviction for a
          nonviolent offense (other than an offense related to
          smuggling or harboring of aliens or an offense described in
          section 1101(a)(43)(B), (C), (E), (I), or (L) of this title
          (!3) and (II) the removal of the alien is appropriate and in
          the best interest of the United States; or

            (ii) in the case of an alien in the custody of a State (or
          a political subdivision of a State), if the chief State
          official exercising authority with respect to the
          incarceration of the alien determines that (I) the alien is
          confined pursuant to a final conviction for a nonviolent
          offense (other than an offense described in section
          1101(a)(43)(C) or (E) of this title), (II) the removal is
          appropriate and in the best interest of the State, and (III)
          submits a written request to the Attorney General that such
          alien be so removed.
        (C) Notice
          Any alien removed pursuant to this paragraph shall be
        notified of the penalties under the laws of the United States
        relating to the reentry of deported aliens, particularly the
        expanded penalties for aliens removed under subparagraph (B).
        (D) No private right
          No cause or claim may be asserted under this paragraph
        against any official of the United States or of any State to
        compel the release, removal, or consideration for release or
        removal of any alien.
      (5) Reinstatement of removal orders against aliens illegally
        reentering
        If the Attorney General finds that an alien has reentered the
      United States illegally after having been removed or having
      departed voluntarily, under an order of removal, the prior order
      of removal is reinstated from its original date and is not
      subject to being reopened or reviewed, the alien is not eligible
      and may not apply for any relief under this chapter, and the
      alien shall be removed under the prior order at any time after
      the reentry.
      (6) Inadmissible or criminal aliens
        An alien ordered removed who is inadmissible under section 1182
      of this title, removable under section 1227(a)(1)(C), 1227(a)(2),
      or 1227(a)(4) of this title or who has been determined by the
      Attorney General to be a risk to the community or unlikely to
      comply with the order of removal, may be detained beyond the
      removal period and, if released, shall be subject to the terms of
      supervision in paragraph (3).
      (7) Employment authorization
        No alien ordered removed shall be eligible to receive
      authorization to be employed in the United States unless the
      Attorney General makes a specific finding that - 
          (A) the alien cannot be removed due to the refusal of all
        countries designated by the alien or under this section to
        receive the alien, or
          (B) the removal of the alien is otherwise impracticable or
        contrary to the public interest.
    (b) Countries to which aliens may be removed
      (1) Aliens arriving at the United States
        Subject to paragraph (3) - 
        (A) In general
          Except as provided by subparagraphs (B) and (C), an alien who
        arrives at the United States and with respect to whom
        proceedings under section 1229a of this title were initiated at
        the time of such alien's arrival shall be removed to the
        country in which the alien boarded the vessel or aircraft on
        which the alien arrived in the United States.
        (B) Travel from contiguous territory
          If the alien boarded the vessel or aircraft on which the
        alien arrived in the United States in a foreign territory
        contiguous to the United States, an island adjacent to the
        United States, or an island adjacent to a foreign territory
        contiguous to the United States, and the alien is not a native,
        citizen, subject, or national of, or does not reside in, the
        territory or island, removal shall be to the country in which
        the alien boarded the vessel that transported the alien to the
        territory or island.
        (C) Alternative countries
          If the government of the country designated in subparagraph
        (A) or (B) is unwilling to accept the alien into that country's
        territory, removal shall be to any of the following countries,
        as directed by the Attorney General:
            (i) The country of which the alien is a citizen, subject,
          or national.
            (ii) The country in which the alien was born.
            (iii) The country in which the alien has a residence.
            (iv) A country with a government that will accept the alien
          into the country's territory if removal to each country
          described in a previous clause of this subparagraph is
          impracticable, inadvisable, or impossible.
      (2) Other aliens
        Subject to paragraph (3) - 
        (A) Selection of country by alien
          Except as otherwise provided in this paragraph - 
            (i) any alien not described in paragraph (1) who has been
          ordered removed may designate one country to which the alien
          wants to be removed, and
            (ii) the Attorney General shall remove the alien to the
          country the alien so designates.
        (B) Limitation on designation
          An alien may designate under subparagraph (A)(i) a foreign
        territory contiguous to the United States, an adjacent island,
        or an island adjacent to a foreign territory contiguous to the
        United States as the place to which the alien is to be removed
        only if the alien is a native, citizen, subject, or national
        of, or has resided in, that designated territory or island.
        (C) Disregarding designation
          The Attorney General may disregard a designation under
        subparagraph (A)(i) if - 
            (i) the alien fails to designate a country promptly;
            (ii) the government of the country does not inform the
          Attorney General finally, within 30 days after the date the
          Attorney General first inquires, whether the government will
          accept the alien into the country;
            (iii) the government of the country is not willing to
          accept the alien into the country; or
            (iv) the Attorney General decides that removing the alien
          to the country is prejudicial to the United States.
        (D) Alternative country
          If an alien is not removed to a country designated under
        subparagraph (A)(i), the Attorney General shall remove the
        alien to a country of which the alien is a subject, national,
        or citizen unless the government of the country - 
            (i) does not inform the Attorney General or the alien
          finally, within 30 days after the date the Attorney General
          first inquires or within another period of time the Attorney
          General decides is reasonable, whether the government will
          accept the alien into the country; or
            (ii) is not willing to accept the alien into the country.
        (E) Additional removal countries
          If an alien is not removed to a country under the previous
        subparagraphs of this paragraph, the Attorney General shall
        remove the alien to any of the following countries:
            (i) The country from which the alien was admitted to the
          United States.
            (ii) The country in which is located the foreign port from
          which the alien left for the United States or for a foreign
          territory contiguous to the United States.
            (iii) A country in which the alien resided before the alien
          entered the country from which the alien entered the United
          States.
            (iv) The country in which the alien was born.
            (v) The country that had sovereignty over the alien's
          birthplace when the alien was born.
            (vi) The country in which the alien's birthplace is located
          when the alien is ordered removed.
            (vii) If impracticable, inadvisable, or impossible to
          remove the alien to each country described in a previous
          clause of this subparagraph, another country whose government
          will accept the alien into that country.
        (F) Removal country when United States is at war
          When the United States is at war and the Attorney General
        decides that it is impracticable, inadvisable, inconvenient, or
        impossible to remove an alien under this subsection because of
        the war, the Attorney General may remove the alien - 
            (i) to the country that is host to a government in exile of
          the country of which the alien is a citizen or subject if the
          government of the host country will permit the alien's entry;
          or
            (ii) if the recognized government of the country of which
          the alien is a citizen or subject is not in exile, to a
          country, or a political or territorial subdivision of a
          country, that is very near the country of which the alien is
          a citizen or subject, or, with the consent of the government
          of the country of which the alien is a citizen or subject, to
          another country.
      (3) Restriction on removal to a country where alien's life or
        freedom would be threatened
        (A) In general
          Notwithstanding paragraphs (1) and (2), the Attorney General
        may not remove an alien to a country if the Attorney General
        decides that the alien's life or freedom would be threatened in
        that country because of the alien's race, religion,
        nationality, membership in a particular social group, or
        political opinion.
        (B) Exception
          Subparagraph (A) does not apply to an alien deportable under
        section 1227(a)(4)(D) of this title or if the Attorney General
        decides that - 
            (i) the alien ordered, incited, assisted, or otherwise
          participated in the persecution of an individual because of
          the individual's race, religion, nationality, membership in a
          particular social group, or political opinion;
            (ii) the alien, having been convicted by a final judgment
          of a particularly serious crime is a danger to the community
          of the United States;
            (iii) there are serious reasons to believe that the alien
          committed a serious nonpolitical crime outside the United
          States before the alien arrived in the United States; or
            (iv) there are reasonable grounds to believe that the alien
          is a danger to the security of the United States.

        For purposes of clause (ii), an alien who has been convicted of
        an aggravated felony (or felonies) for which the alien has been
        sentenced to an aggregate term of imprisonment of at least 5
        years shall be considered to have committed a particularly
        serious crime. The previous sentence shall not preclude the
        Attorney General from determining that, notwithstanding the
        length of sentence imposed, an alien has been convicted of a
        particularly serious crime. For purposes of clause (iv), an
        alien who is described in section 1227(a)(4)(B) of this title
        shall be considered to be an alien with respect to whom there
        are reasonable grounds for regarding as a danger to the
        security of the United States.
        (C) Sustaining burden of proof; credibility determinations
          In determining whether an alien has demonstrated that the
        alien's life or freedom would be threatened for a reason
        described in subparagraph (A), the trier of fact shall
        determine whether the alien has sustained the alien's burden of
        proof, and shall make credibility determinations, in the manner
        described in clauses (ii) and (iii) of section 1158(b)(1)(B) of
        this title.
    (c) Removal of aliens arriving at port of entry
      (1) Vessels and aircraft
        An alien arriving at a port of entry of the United States who
      is ordered removed either without a hearing under section
      1225(b)(1) or 1225(c) of this title or pursuant to proceedings
      under section 1229a of this title initiated at the time of such
      alien's arrival shall be removed immediately on a vessel or
      aircraft owned by the owner of the vessel or aircraft on which
      the alien arrived in the United States, unless - 
          (A) it is impracticable to remove the alien on one of those
        vessels or aircraft within a reasonable time, or
          (B) the alien is a stowaway - 
            (i) who has been ordered removed in accordance with section
          1225(a)(1) of this title,
            (ii) who has requested asylum, and
            (iii) whose application has not been adjudicated or whose
          asylum application has been denied but who has not exhausted
          all appeal rights.
      (2) Stay of removal
        (A) In general
          The Attorney General may stay the removal of an alien under
        this subsection if the Attorney General decides that - 
            (i) immediate removal is not practicable or proper; or
            (ii) the alien is needed to testify in the prosecution of a
          person for a violation of a law of the United States or of
          any State.
        (B) Payment of detention costs
          During the period an alien is detained because of a stay of
        removal under subparagraph (A)(ii), the Attorney General may
        pay from the appropriation "Immigration and Naturalization
        Service - Salaries and Expenses" - 
            (i) the cost of maintenance of the alien; and
            (ii) a witness fee of $1 a day.
        (C) Release during stay
          The Attorney General may release an alien whose removal is
        stayed under subparagraph (A)(ii) on - 
            (i) the alien's filing a bond of at least $500 with
          security approved by the Attorney General;
            (ii) condition that the alien appear when required as a
          witness and for removal; and
            (iii) other conditions the Attorney General may prescribe.
      (3) Costs of detention and maintenance pending removal
        (A) In general
          Except as provided in subparagraph (B) and subsection (d)
        (!4) of this section, an owner of a vessel or aircraft bringing
        an alien to the United States shall pay the costs of detaining
        and maintaining the alien - 

            (i) while the alien is detained under subsection (d)(1) of
          this section, and
            (ii) in the case of an alien who is a stowaway, while the
          alien is being detained pursuant to - 
              (I) subsection (d)(2)(A) or (d)(2)(B)(i) of this section,
              (II) subsection (d)(2)(B)(ii) or (iii) of this section
            for the period of time reasonably necessary for the owner
            to arrange for repatriation or removal of the stowaway,
            including obtaining necessary travel documents, but not to
            extend beyond the date on which it is ascertained that such
            travel documents cannot be obtained from the country to
            which the stowaway is to be returned, or
              (III) section 1225(b)(1)(B)(ii) of this title, for a
            period not to exceed 15 days (excluding Saturdays, Sundays,
            and holidays) commencing on the first such day which begins
            on the earlier of 72 hours after the time of the initial
            presentation of the stowaway for inspection or at the time
            the stowaway is determined to have a credible fear of
            persecution.
        (B) Nonapplication
          Subparagraph (A) shall not apply if - 
            (i) the alien is a crewmember;
            (ii) the alien has an immigrant visa;
            (iii) the alien has a nonimmigrant visa or other
          documentation authorizing the alien to apply for temporary
          admission to the United States and applies for admission not
          later than 120 days after the date the visa or documentation
          was issued;
            (iv) the alien has a reentry permit and applies for
          admission not later than 120 days after the date of the
          alien's last inspection and admission;
            (v)(I) the alien has a nonimmigrant visa or other
          documentation authorizing the alien to apply for temporary
          admission to the United States or a reentry permit;
            (II) the alien applies for admission more than 120 days
          after the date the visa or documentation was issued or after
          the date of the last inspection and admission under the
          reentry permit; and
            (III) the owner of the vessel or aircraft satisfies the
          Attorney General that the existence of the condition relating
          to inadmissibility could not have been discovered by
          exercising reasonable care before the alien boarded the
          vessel or aircraft; or
            (vi) the individual claims to be a national of the United
          States and has a United States passport.
    (d) Requirements of persons providing transportation
      (1) Removal at time of arrival
        An owner, agent, master, commanding officer, person in charge,
      purser, or consignee of a vessel or aircraft bringing an alien
      (except an alien crewmember) to the United States shall - 
          (A) receive an alien back on the vessel or aircraft or
        another vessel or aircraft owned or operated by the same
        interests if the alien is ordered removed under this part; and
          (B) take the alien to the foreign country to which the alien
        is ordered removed.
      (2) Alien stowaways
        An owner, agent, master, commanding officer, charterer, or
      consignee of a vessel or aircraft arriving in the United States
      with an alien stowaway - 
          (A) shall detain the alien on board the vessel or aircraft,
        or at such place as the Attorney General shall designate, until
        completion of the inspection of the alien by an immigration
        officer;
          (B) may not permit the stowaway to land in the United States,
        except pursuant to regulations of the Attorney General
        temporarily - 
            (i) for medical treatment,
            (ii) for detention of the stowaway by the Attorney General,
          or
            (iii) for departure or removal of the stowaway; and

          (C) if ordered by an immigration officer, shall remove the
        stowaway on the vessel or aircraft or on another vessel or
        aircraft.

      The Attorney General shall grant a timely request to remove the
      stowaway under subparagraph (C) on a vessel or aircraft other
      than that on which the stowaway arrived if the requester has
      obtained any travel documents necessary for departure or
      repatriation of the stowaway and removal of the stowaway will not
      be unreasonably delayed.
      (3) Removal upon order
        An owner, agent, master, commanding officer, person in charge,
      purser, or consignee of a vessel, aircraft, or other
      transportation line shall comply with an order of the Attorney
      General to take on board, guard safely, and transport to the
      destination specified any alien ordered to be removed under this
      chapter.
    (e) Payment of expenses of removal
      (1) Costs of removal at time of arrival
        In the case of an alien who is a stowaway or who is ordered
      removed either without a hearing under section 1225(a)(1) (!5) or
      1225(c) of this title or pursuant to proceedings under section
      1229a of this title initiated at the time of such alien's
      arrival, the owner of the vessel or aircraft (if any) on which
      the alien arrived in the United States shall pay the
      transportation cost of removing the alien. If removal is on a
      vessel or aircraft not owned by the owner of the vessel or
      aircraft on which the alien arrived in the United States, the
      Attorney General may - 

          (A) pay the cost from the appropriation "Immigration and
        Naturalization Service - Salaries and Expenses"; and
          (B) recover the amount of the cost in a civil action from the
        owner, agent, or consignee of the vessel or aircraft (if any)
        on which the alien arrived in the United States.
      (2) Costs of removal to port of removal for aliens admitted or
        permitted to land
        In the case of an alien who has been admitted or permitted to
      land and is ordered removed, the cost (if any) of removal of the
      alien to the port of removal shall be at the expense of the
      appropriation for the enforcement of this chapter.
      (3) Costs of removal from port of removal for aliens admitted or
        permitted to land
        (A) Through appropriation
          Except as provided in subparagraph (B), in the case of an
        alien who has been admitted or permitted to land and is ordered
        removed, the cost (if any) of removal of the alien from the
        port of removal shall be at the expense of the appropriation
        for the enforcement of this chapter.
        (B) Through owner
          (i) In general
            In the case of an alien described in clause (ii), the cost
          of removal of the alien from the port of removal may be
          charged to any owner of the vessel, aircraft, or other
          transportation line by which the alien came to the United
          States.
          (ii) Aliens described
            An alien described in this clause is an alien who - 
              (I) is admitted to the United States (other than lawfully
            admitted for permanent residence) and is ordered removed
            within 5 years of the date of admission based on a ground
            that existed before or at the time of admission, or
              (II) is an alien crewman permitted to land temporarily
            under section 1282 of this title and is ordered removed
            within 5 years of the date of landing.
        (C) Costs of removal of certain aliens granted voluntary
          departure
          In the case of an alien who has been granted voluntary
        departure under section 1229c of this title and who is
        financially unable to depart at the alien's own expense and
        whose removal the Attorney General deems to be in the best
        interest of the United States, the expense of such removal may
        be paid from the appropriation for the enforcement of this
        chapter.
    (f) Aliens requiring personal care during removal
      (1) In general
        If the Attorney General believes that an alien being removed
      requires personal care because of the alien's mental or physical
      condition, the Attorney General may employ a suitable person for
      that purpose who shall accompany and care for the alien until the
      alien arrives at the final destination.
      (2) Costs
        The costs of providing the service described in paragraph (1)
      shall be defrayed in the same manner as the expense of removing
      the accompanied alien is defrayed under this section.
    (g) Places of detention
      (1) In general
        The Attorney General shall arrange for appropriate places of
      detention for aliens detained pending removal or a decision on
      removal. When United States Government facilities are unavailable
      or facilities adapted or suitably located for detention are
      unavailable for rental, the Attorney General may expend from the
      appropriation "Immigration and Naturalization Service - Salaries
      and Expenses", without regard to section 5 of title 41, amounts
      necessary to acquire land and to acquire, build, remodel, repair,
      and operate facilities (including living quarters for immigration
      officers if not otherwise available) necessary for detention.
      (2) Detention facilities of the Immigration and Naturalization
        Service
        Prior to initiating any project for the construction of any new
      detention facility for the Service, the Commissioner shall
      consider the availability for purchase or lease of any existing
      prison, jail, detention center, or other comparable facility
      suitable for such use.
    (h) Statutory construction
      Nothing in this section shall be construed to create any
    substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its agencies
    or officers or any other person.
    (i) 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 or two or more misdemeanors;
      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 section
      1258 of this title, or to comply with the conditions of any such
      status.

      (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 to carry out this
    subsection - 
        (A) $750,000,000 for fiscal year 2006;
        (B) $850,000,000 for fiscal year 2007; and
        (C) $950,000,000 for each of the fiscal years 2008 through
      2011.

      (6) Amounts appropriated pursuant to the authorization of
    appropriations in paragraph (5) that are distributed to a State or
    political subdivision of a State, including a municipality, may be
    used only for correctional purposes.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 4, Sec. 241, as added and
    amended Pub. L. 104-208, div. C, title III, Secs. 305(a)(3),
    306(a)(1), 328(a)(1), Sept. 30, 1996, 110 Stat. 3009-598, 3009-607,
    3009-630; Pub. L. 107-273, div. C, title I, Sec. 11014, Nov. 2,
    2002, 116 Stat. 1824; Pub. L. 109-13, div. B, title I, Sec. 101(c),
    May 11, 2005, 119 Stat. 303; Pub. L. 109-162, title XI, Sec.
    1196(a), (b), Jan. 5, 2006, 119 Stat. 3130.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 259 of title 42, referred to in subsec. (a)(4)(A), was
    repealed by Pub. L. 106-310, div. B, title XXXIV, Sec. 3405(a),
    Oct. 17, 2000, 114 Stat. 1221.

-COD-
                               CODIFICATION                           
      The text of subsec. (j) of section 1252 of this title, which was
    redesignated as subsec. (i) of this section by Pub. L. 104-208,
    Sec. 306(a)(1), was based on section 242(j) of act June 27, 1952,
    ch. 477, title II, ch. 5, as added Sept. 13, 1994, Pub. L. 103-322,
    title II, Sec. 20301(a), 108 Stat. 1823.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 241 of act June 27, 1952, was renumbered section
    237, and is classified to section 1227 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (i)(5). Pub. L. 109-162, Sec. 1196(a), substituted
    "appropriated to carry out this subsection - " for "appropriated
    such sums as may be necessary to carry out this subsection in
    fiscal years 2003 and 2004." and added subpars. (A) to (C).
      Subsec. (i)(6). Pub. L. 109-162, Sec. 1196(b), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "To the
    extent of available appropriations, funds otherwise made available
    under this section with respect to a State (or political
    subdivision, including a municipality) for incarceration of an
    undocumented criminal alien may, at the discretion of the recipient
    of the funds, be used for the costs of imprisonment of such alien
    in a State, local, or municipal prison or jail."
      2005 - Subsec. (b)(3)(C). Pub. L. 109-13 added subpar. (C).
      2002 - Subsec. (i)(5). Pub. L. 107-273 substituted "in fiscal
    years 2003 and 2004" for provisions which authorized specified
    amounts to be appropriated from the Violent Crime Reduction Trust
    Fund for fiscal years 1995 to 2002 as set out in subpars. (A) to
    (F).
      1996 - Subsec. (i). Pub. L. 104-208, Sec. 306(a)(1), redesignated
    subsec. (j) of section 1252 of this title as subsec. (i) of this
    section. See Codification note above.
      Subsec. (i)(3)(A). Pub. L. 104-208, Sec. 328(a)(1)(A),
    substituted "felony or two or more misdemeanors" for "felony and
    sentenced to a term of imprisonment".
      Subsec. (i)(6). Pub. L. 104-208, Sec. 328(a)(1)(B), added par.
    (6).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Pub. L. 109-162, title XI, Sec. 1196(d), as added by Pub. L. 109-
    271, Sec. 8(n)(6), Aug. 12, 2006, 120 Stat. 768, provided that:
    "The amendments made by subsections (a) and (b) [amending this
    section] shall take effect on October 1, 2006."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Amendment by Pub. L. 109-13 effective May 11, 2005, and
    applicable to applications for asylum, withholding, or other relief
    from removal made on or after such date, see section 101(h)(2) of
    Pub. L. 109-13, set out as a note under section 1158 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 306(a)(1) of Pub. L. 104-208 applicable as
    provided under section 309 of Pub. L. 104-208 (see Effective Date
    note below), see section 306(c) of Pub. L. 104-208, as amended, set
    out as a note under section 1252 of this title.
      Section 328(a)(2) of div. C of Pub. L. 104-208 provided that:
    "The amendment made by paragraph (1) [amending this section] shall
    apply beginning with fiscal year 1997."

                              EFFECTIVE DATE                          
      Section effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    UNITED STATES POLICY WITH RESPECT TO INVOLUNTARY RETURN OF PERSONS
                    IN DANGER OF SUBJECTION TO TORTURE
      Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2242, Oct.
    21, 1998, 112 Stat. 2681-822, provided that:
      "(a) Policy. - It shall be the policy of the United States not to
    expel, extradite, or otherwise effect the involuntary return of any
    person to a country in which there are substantial grounds for
    believing the person would be in danger of being subjected to
    torture, regardless of whether the person is physically present in
    the United States.
      "(b) Regulations. - Not later than 120 days after the date of
    enactment of this Act [Oct. 21, 1998], the heads of the appropriate
    agencies shall prescribe regulations to implement the obligations
    of the United States under Article 3 of the United Nations
    Convention Against Torture and Other Forms of Cruel, Inhuman or
    Degrading Treatment or Punishment, subject to any reservations,
    understandings, declarations, and provisos contained in the United
    States Senate resolution of ratification of the Convention.
      "(c) Exclusion of Certain Aliens. - To the maximum extent
    consistent with the obligations of the United States under the
    Convention, subject to any reservations, understandings,
    declarations, and provisos contained in the United States Senate
    resolution of ratification of the Convention, the regulations
    described in subsection (b) shall exclude from the protection of
    such regulations aliens described in section 241(b)(3)(B) of the
    Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
      "(d) Review and Construction. - Notwithstanding any other
    provision of law, and except as provided in the regulations
    described in subsection (b), no court shall have jurisdiction to
    review the regulations adopted to implement this section, and
    nothing in this section shall be construed as providing any court
    jurisdiction to consider or review claims raised under the
    Convention or this section, or any other determination made with
    respect to the application of the policy set forth in subsection
    (a), except as part of the review of a final order of removal
    pursuant to section 242 of the Immigration and Nationality Act (8
    U.S.C. 1252).
      "(e) Authority To Detain. - Nothing in this section shall be
    construed as limiting the authority of the Attorney General to
    detain any person under any provision of law, including, but not
    limited to, any provision of the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.].
      "(f) Definitions. - 
        "(1) Convention defined. - In this section, the term
      'Convention' means the United Nations Convention Against Torture
      and Other Forms of Cruel, Inhuman or Degrading Treatment or
      Punishment, done at New York on December 10, 1984.
        "(2) Same terms as in the convention. - Except as otherwise
      provided, the terms used in this section have the meanings given
      those terms in the Convention, subject to any reservations,
      understandings, declarations, and provisos contained in the
      United States Senate resolution of ratification of the
      Convention."

    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

      PILOT PROGRAM ON USE OF CLOSED MILITARY BASES FOR DETENTION OF
                     INADMISSIBLE OR DEPORTABLE ALIENS
      Section 387 of div. C of Pub. L. 104-208 provided that:
      "(a) Establishment. - The Attorney General and the Secretary of
    Defense shall establish one or more pilot programs for up to 2
    years each to determine the feasibility of the use of military
    bases, available because of actions under a base closure law, as
    detention centers by the Immigration and Naturalization Service. In
    selecting real property at a military base for use as a detention
    center under the pilot program, the Attorney General and the
    Secretary shall consult with the redevelopment authority
    established for the military base and give substantial deference to
    the redevelopment plan prepared for the military base.
      "(b) Report. - Not later than 30 months after the date of the
    enactment of this Act [Sept. 30, 1996], the Attorney General,
    together with the Secretary of Defense, shall submit a report to
    the Committees on the Judiciary of the House of Representatives and
    of the Senate, and the Committees on Armed Services of the House of
    Representatives and of the Senate, on the feasibility of using
    military bases closed under a base closure law as detention centers
    by the Immigration and Naturalization Service.
      "(c) Definition. - For purposes of this section, the term 'base
    closure law' means each of the following:
        "(1) The Defense Base Closure and Realignment Act of 1990 (part
      A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
        "(2) Title II of the Defense Authorization Amendments and Base
      Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
      note).
        "(3) Section 2687 of title 10, United States Code.
        "(4) Any other similar law enacted after the date of the
      enactment of this Act [Sept. 30, 1996]."

                       INTERIOR REPATRIATION PROGRAM                   
      Section 388 of div. C of Pub. L. 104-208 provided that: "Not
    later than 30 months after the date of the enactment of this Act
    [Sept. 30, 1996], the Attorney General, in consultation with the
    Secretary of State, shall submit a report to the Committees on the
    Judiciary of the House of Representatives and of the Senate on the
    operation of the program of interior repatriation developed under
    section 437 of the Antiterrorism and Effective Death Penalty Act of
    1996 (Public Law 104-132) [set out as a note below]."
      Pub. L. 104-132, title IV, Sec. 437, Apr. 24, 1996, 110 Stat.
    1275, provided that: "Not later than 180 days after the date of
    enactment of this Act [Apr. 24, 1996], the Attorney General and the
    Commissioner of Immigration and Naturalization shall develop and
    implement a program in which aliens who previously have illegally
    entered the United States not less than 3 times and are deported or
    returned to a country contiguous to the United States will be
    returned to locations not less than 500 kilometers from that
    country's border with the United States."

                         TERMINATION OF LIMITATION                     
      Pub. L. 103-322, title II, Sec. 20301(c), Sept. 13, 1994, 108
    Stat. 1824, as amended by Pub. L. 104-208, div. C, title III, Sec.
    308(g)(5)(G), Sept. 30, 1996, 110 Stat. 3009-623, provided that
    notwithstanding subsec. (h)(5) [(i)(5)] of this section the
    requirements of subsec. (h) [i] of this section were not to be
    subject to the availability of appropriations on and after Oct. 1,
    2004, prior to repeal by Pub. L. 109-162, title XI, Sec. 1172(c),
    Jan. 5, 2006, 119 Stat. 3123.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "subparagraph (B),".

    (!3) So in original. Probably should be followed by a closing
         parenthesis.

    (!4) So in original. Probably should be subsection "(e)".

    (!5) So in original. Probably should be "1225(b)(1)".

-End-

-CITE-
    8 USC Part V - Adjustment and Change of Status              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
                 PART V - ADJUSTMENT AND CHANGE OF STATUS             

-End-

-CITE-
    8 USC Sec. 1251                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1251. Transferred

-COD-
                               CODIFICATION                           
      Section 1251, act June 27, 1952, ch. 477, title II, ch. 5, Sec.
    241, 66 Stat. 204, as amended, which related to deportable aliens,
    was renumbered section 237 of ch. 4 of title II of act June 27,
    1952, by Pub. L. 104-208, div. C, title III, Sec. 305(a)(2), Sept.
    30, 1996, 110 Stat. 3009-598, and was transferred to section 1227
    of this title.

-End-

-CITE-
    8 USC Sec. 1251a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1251a. Repealed.

-MISC1-
    Sec. 1251a. Repealed. Pub. L. 87-301, Sec. 24(a)(3), Sept. 26,
      1961, 75 Stat. 657.
      Section, Pub. L. 85-316, Sec. 7, Sept. 11, 1957, 71 Stat. 640,
    excepted spouse, child or parent of a United States citizen, and
    aliens admitted between Dec. 22, 1945, and Nov. 1, 1954, inclusive,
    who misrepresented their nationality, place of birth, identity or
    residence, provided this latter group did so misrepresent because
    of fear of persecution because of race, religion or politics if
    repatriated and not to evade quota restrictions, or an
    investigation of themselves, from the deportation provisions of
    section 1251 of this title which declared excludable, those aliens
    who sought to procure or procured entry into the United States by
    fraud and misrepresentation, or who were not of the nationality
    specified in their visas, and authorized the admission, after Sept.
    11, 1957, of any alien spouse, parent or child of a United States
    citizen or of an alien admitted for permanent residence who sought,
    or had procured fraudulent entry into the United States or admitted
    committing perjury in connection therewith, if otherwise admissible
    and the Attorney General consented. See section 1182(h) of this
    title.

-End-

-CITE-
    8 USC Sec. 1252                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1252. Judicial review of orders of removal

-STATUTE-
    (a) Applicable provisions
      (1) General orders of removal
        Judicial review of a final order of removal (other than an
      order of removal without a hearing pursuant to section 1225(b)(1)
      of this title) is governed only by chapter 158 of title 28,
      except as provided in subsection (b) of this section and except
      that the court may not order the taking of additional evidence
      under section 2347(c) of such title.
      (2) Matters not subject to judicial review
        (A) Review relating to section 1225(b)(1)
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, no court shall have jurisdiction to review - 
            (i) except as provided in subsection (e) of this section,
          any individual determination or to entertain any other cause
          or claim arising from or relating to the implementation or
          operation of an order of removal pursuant to section
          1225(b)(1) of this title,
            (ii) except as provided in subsection (e) of this section,
          a decision by the Attorney General to invoke the provisions
          of such section,
            (iii) the application of such section to individual aliens,
          including the determination made under section 1225(b)(1)(B)
          of this title, or
            (iv) except as provided in subsection (e) of this section,
          procedures and policies adopted by the Attorney General to
          implement the provisions of section 1225(b)(1) of this title.
        (B) Denials of discretionary relief
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, and except as provided in subparagraph (D), and
        regardless of whether the judgment, decision, or action is made
        in removal proceedings, no court shall have jurisdiction to
        review - 
            (i) any judgment regarding the granting of relief under
          section 1182(h), 1182(i), 1229b, 1229c, or 1255 of this
          title, or
            (ii) any other decision or action of the Attorney General
          or the Secretary of Homeland Security the authority for which
          is specified under this subchapter to be in the discretion of
          the Attorney General or the Secretary of Homeland Security,
          other than the granting of relief under section 1158(a) of
          this title.
        (C) Orders against criminal aliens
          Notwithstanding any other provision of law (statutory or
        nonstatutory), including section 2241 of title 28, or any other
        habeas corpus provision, and sections 1361 and 1651 of such
        title, and except as provided in subparagraph (D), no court
        shall have jurisdiction to review any final order of removal
        against an alien who is removable by reason of having committed
        a criminal offense covered in section 1182(a)(2) or
        1227(a)(2)(A)(iii), (B), (C), or (D) of this title, or any
        offense covered by section 1227(a)(2)(A)(ii) of this title for
        which both predicate offenses are, without regard to their date
        of commission, otherwise covered by section 1227(a)(2)(A)(i) of
        this title.
        (D) Judicial review of certain legal claims
          Nothing in subparagraph (B) or (C), or in any other provision
        of this chapter (other than this section) which limits or
        eliminates judicial review, shall be construed as precluding
        review of constitutional claims or questions of law raised upon
        a petition for review filed with an appropriate court of
        appeals in accordance with this section.
      (3) Treatment of certain decisions
        No alien shall have a right to appeal from a decision of an
      immigration judge which is based solely on a certification
      described in section 1229a(c)(1)(B) of this title.
      (4) Claims under the United Nations Convention
        Notwithstanding any other provision of law (statutory or
      nonstatutory), including section 2241 of title 28, or any other
      habeas corpus provision, and sections 1361 and 1651 of such
      title, a petition for review filed with an appropriate court of
      appeals in accordance with this section shall be the sole and
      exclusive means for judicial review of any cause or claim under
      the United Nations Convention Against Torture and Other Forms of
      Cruel, Inhuman, or Degrading Treatment or Punishment, except as
      provided in subsection (e) of this section.
      (5) Exclusive means of review
        Notwithstanding any other provision of law (statutory or
      nonstatutory), including section 2241 of title 28, or any other
      habeas corpus provision, and sections 1361 and 1651 of such
      title, a petition for review filed with an appropriate court of
      appeals in accordance with this section shall be the sole and
      exclusive means for judicial review of an order of removal
      entered or issued under any provision of this chapter, except as
      provided in subsection (e) of this section. For purposes of this
      chapter, in every provision that limits or eliminates judicial
      review or jurisdiction to review, the terms "judicial review" and
      "jurisdiction to review" include habeas corpus review pursuant to
      section 2241 of title 28, or any other habeas corpus provision,
      sections 1361 and 1651 of such title, and review pursuant to any
      other provision of law (statutory or nonstatutory).
    (b) Requirements for review of orders of removal
      With respect to review of an order of removal under subsection
    (a)(1) of this section, the following requirements apply:
      (1) Deadline
        The petition for review must be filed not later than 30 days
      after the date of the final order of removal.
      (2) Venue and forms
        The petition for review shall be filed with the court of
      appeals for the judicial circuit in which the immigration judge
      completed the proceedings. The record and briefs do not have to
      be printed. The court of appeals shall review the proceeding on a
      typewritten record and on typewritten briefs.
      (3) Service
        (A) In general
          The respondent is the Attorney General. The petition shall be
        served on the Attorney General and on the officer or employee
        of the Service in charge of the Service district in which the
        final order of removal under section 1229a of this title was
        entered.
        (B) Stay of order
          Service of the petition on the officer or employee does not
        stay the removal of an alien pending the court's decision on
        the petition, unless the court orders otherwise.
        (C) Alien's brief
          The alien shall serve and file a brief in connection with a
        petition for judicial review not later than 40 days after the
        date on which the administrative record is available, and may
        serve and file a reply brief not later than 14 days after
        service of the brief of the Attorney General, and the court may
        not extend these deadlines except upon motion for good cause
        shown. If an alien fails to file a brief within the time
        provided in this paragraph, the court shall dismiss the appeal
        unless a manifest injustice would result.
      (4) Scope and standard for review
        Except as provided in paragraph (5)(B) - 
          (A) the court of appeals shall decide the petition only on
        the administrative record on which the order of removal is
        based,
          (B) the administrative findings of fact are conclusive unless
        any reasonable adjudicator would be compelled to conclude to
        the contrary,
          (C) a decision that an alien is not eligible for admission to
        the United States is conclusive unless manifestly contrary to
        law, and
          (D) the Attorney General's discretionary judgment whether to
        grant relief under section 1158(a) of this title shall be
        conclusive unless manifestly contrary to the law and an abuse
        of discretion.

      No court shall reverse a determination made by a trier of fact
      with respect to the availability of corroborating evidence, as
      described in section 1158(b)(1)(B), 1229a(c)(4)(B), or
      1231(b)(3)(C) of this title, unless the court finds, pursuant to
      subsection (b)(4)(B) of this section, that a reasonable trier of
      fact is compelled to conclude that such corroborating evidence is
      unavailable.
      (5) Treatment of nationality claims
        (A) Court determination if no issue of fact
          If the petitioner claims to be a national of the United
        States and the court of appeals finds from the pleadings and
        affidavits that no genuine issue of material fact about the
        petitioner's nationality is presented, the court shall decide
        the nationality claim.
        (B) Transfer if issue of fact
          If the petitioner claims to be a national of the United
        States and the court of appeals finds that a genuine issue of
        material fact about the petitioner's nationality is presented,
        the court shall transfer the proceeding to the district court
        of the United States for the judicial district in which the
        petitioner resides for a new hearing on the nationality claim
        and a decision on that claim as if an action had been brought
        in the district court under section 2201 of title 28.
        (C) Limitation on determination
          The petitioner may have such nationality claim decided only
        as provided in this paragraph.
      (6) Consolidation with review of motions to reopen or reconsider
        When a petitioner seeks review of an order under this section,
      any review sought of a motion to reopen or reconsider the order
      shall be consolidated with the review of the order.
      (7) Challenge to validity of orders in certain criminal
        proceedings
        (A) In general
          If the validity of an order of removal has not been
        judicially decided, a defendant in a criminal proceeding
        charged with violating section 1253(a) of this title may
        challenge the validity of the order in the criminal proceeding
        only by filing a separate motion before trial. The district
        court, without a jury, shall decide the motion before trial.
        (B) Claims of United States nationality
          If the defendant claims in the motion to be a national of the
        United States and the district court finds that - 
            (i) no genuine issue of material fact about the defendant's
          nationality is presented, the court shall decide the motion
          only on the administrative record on which the removal order
          is based and the administrative findings of fact are
          conclusive if supported by reasonable, substantial, and
          probative evidence on the record considered as a whole; or
            (ii) a genuine issue of material fact about the defendant's
          nationality is presented, the court shall hold a new hearing
          on the nationality claim and decide that claim as if an
          action had been brought under section 2201 of title 28.

        The defendant may have such nationality claim decided only as
        provided in this subparagraph.
        (C) Consequence of invalidation
          If the district court rules that the removal order is
        invalid, the court shall dismiss the indictment for violation
        of section 1253(a) of this title. The United States Government
        may appeal the dismissal to the court of appeals for the
        appropriate circuit within 30 days after the date of the
        dismissal.
        (D) Limitation on filing petitions for review
          The defendant in a criminal proceeding under section 1253(a)
        of this title may not file a petition for review under
        subsection (a) of this section during the criminal proceeding.
      (8) Construction
        This subsection - 
          (A) does not prevent the Attorney General, after a final
        order of removal has been issued, from detaining the alien
        under section 1231(a) of this title;
          (B) does not relieve the alien from complying with section
        1231(a)(4) of this title and section 1253(g) (!1) of this
        title; and

          (C) does not require the Attorney General to defer removal of
        the alien.
      (9) Consolidation of questions for judicial review
        Judicial review of all questions of law and fact, including
      interpretation and application of constitutional and statutory
      provisions, arising from any action taken or proceeding brought
      to remove an alien from the United States under this subchapter
      shall be available only in judicial review of a final order under
      this section. Except as otherwise provided in this section, no
      court shall have jurisdiction, by habeas corpus under section
      2241 of title 28 or any other habeas corpus provision, by section
      1361 or 1651 of such title, or by any other provision of law
      (statutory or nonstatutory), to review such an order or such
      questions of law or fact.
    (c) Requirements for petition
      A petition for review or for habeas corpus of an order of removal
    - 
        (1) shall attach a copy of such order, and
        (2) shall state whether a court has upheld the validity of the
      order, and, if so, shall state the name of the court, the date of
      the court's ruling, and the kind of proceeding.
    (d) Review of final orders
      A court may review a final order of removal only if - 
        (1) the alien has exhausted all administrative remedies
      available to the alien as of right, and
        (2) another court has not decided the validity of the order,
      unless the reviewing court finds that the petition presents
      grounds that could not have been presented in the prior judicial
      proceeding or that the remedy provided by the prior proceeding
      was inadequate or ineffective to test the validity of the order.
    (e) Judicial review of orders under section 1225(b)(1)
      (1) Limitations on relief
        Without regard to the nature of the action or claim and without
      regard to the identity of the party or parties bringing the
      action, no court may - 
          (A) enter declaratory, injunctive, or other equitable relief
        in any action pertaining to an order to exclude an alien in
        accordance with section 1225(b)(1) of this title except as
        specifically authorized in a subsequent paragraph of this
        subsection, or
          (B) certify a class under Rule 23 of the Federal Rules of
        Civil Procedure in any action for which judicial review is
        authorized under a subsequent paragraph of this subsection.
      (2) Habeas corpus proceedings
        Judicial review of any determination made under section
      1225(b)(1) of this title is available in habeas corpus
      proceedings, but shall be limited to determinations of - 
          (A) whether the petitioner is an alien,
          (B) whether the petitioner was ordered removed under such
        section, and
          (C) whether the petitioner can prove by a preponderance of
        the evidence that the petitioner is an alien lawfully admitted
        for permanent residence, has been admitted as a refugee under
        section 1157 of this title, or has been granted asylum under
        section 1158 of this title, such status not having been
        terminated, and is entitled to such further inquiry as
        prescribed by the Attorney General pursuant to section
        1225(b)(1)(C) of this title.
      (3) Challenges on validity of the system
        (A) In general
          Judicial review of determinations under section 1225(b) of
        this title and its implementation is available in an action
        instituted in the United States District Court for the District
        of Columbia, but shall be limited to determinations of - 
            (i) whether such section, or any regulation issued to
          implement such section, is constitutional; or
            (ii) whether such a regulation, or a written policy
          directive, written policy guideline, or written procedure
          issued by or under the authority of the Attorney General to
          implement such section, is not consistent with applicable
          provisions of this subchapter or is otherwise in violation of
          law.
        (B) Deadlines for bringing actions
          Any action instituted under this paragraph must be filed no
        later than 60 days after the date the challenged section,
        regulation, directive, guideline, or procedure described in
        clause (i) or (ii) of subparagraph (A) is first implemented.
        (C) Notice of appeal
          A notice of appeal of an order issued by the District Court
        under this paragraph may be filed not later than 30 days after
        the date of issuance of such order.
        (D) Expeditious consideration of cases
          It shall be the duty of the District Court, the Court of
        Appeals, and the Supreme Court of the United States to advance
        on the docket and to expedite to the greatest possible extent
        the disposition of any case considered under this paragraph.
      (4) Decision
        In any case where the court determines that the petitioner - 
          (A) is an alien who was not ordered removed under section
        1225(b)(1) of this title, or
          (B) has demonstrated by a preponderance of the evidence that
        the alien is an alien lawfully admitted for permanent
        residence, has been admitted as a refugee under section 1157 of
        this title, or has been granted asylum under section 1158 of
        this title, the court may order no remedy or relief other than
        to require that the petitioner be provided a hearing in
        accordance with section 1229a of this title. Any alien who is
        provided a hearing under section 1229a of this title pursuant
        to this paragraph may thereafter obtain judicial review of any
        resulting final order of removal pursuant to subsection (a)(1)
        of this section.
      (5) Scope of inquiry
        In determining whether an alien has been ordered removed under
      section 1225(b)(1) of this title, the court's inquiry shall be
      limited to whether such an order in fact was issued and whether
      it relates to the petitioner. There shall be no review of whether
      the alien is actually inadmissible or entitled to any relief from
      removal.
    (f) Limit on injunctive relief
      (1) In general
        Regardless of the nature of the action or claim or of the
      identity of the party or parties bringing the action, no court
      (other than the Supreme Court) shall have jurisdiction or
      authority to enjoin or restrain the operation of the provisions
      of part IV of this subchapter, as amended by the Illegal
      Immigration Reform and Immigrant Responsibility Act of 1996,
      other than with respect to the application of such provisions to
      an individual alien against whom proceedings under such part have
      been initiated.
      (2) Particular cases
        Notwithstanding any other provision of law, no court shall
      enjoin the removal of any alien pursuant to a final order under
      this section unless the alien shows by clear and convincing
      evidence that the entry or execution of such order is prohibited
      as a matter of law.
    (g) Exclusive jurisdiction
      Except as provided in this section and notwithstanding any other
    provision of law (statutory or nonstatutory), including section
    2241 of title 28, or any other habeas corpus provision, and
    sections 1361 and 1651 of such title, no court shall have
    jurisdiction to hear any cause or claim by or on behalf of any
    alien arising from the decision or action by the Attorney General
    to commence proceedings, adjudicate cases, or execute removal
    orders against any alien under this chapter.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 242, 66 Stat. 208;
    Sept. 3, 1954, ch. 1263, Sec. 17, 68 Stat. 1232; Pub. L. 97-116,
    Sec. 18(h)(1), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 98-473, title
    II, Sec. 220(b), Oct. 12, 1984, 98 Stat. 2028; Pub. L. 99-603,
    title VII, Sec. 701, Nov. 6, 1986, 100 Stat. 3445; Pub. L. 100-525,
    Sec. 9(n), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 100-690, title
    VII, Sec. 7343(a), Nov. 18, 1988, 102 Stat. 4470; Pub. L. 101-649,
    title V, Secs. 504(a), 545(e), title VI, Sec. 603(b)(2), Nov. 29,
    1990, 104 Stat. 5049, 5066, 5085; Pub. L. 102-232, title III, Secs.
    306(a)(4), (c)(7), 307(m)(2), 309(b)(9), Dec. 12, 1991, 105 Stat.
    1751, 1753, 1757, 1759; Pub. L. 103-322, title II, Sec. 20301(a),
    title XIII, Sec. 130001(a), Sept. 13, 1994, 108 Stat. 1823, 2023;
    Pub. L. 103-416, title II, Secs. 219(h), 224(b), Oct. 25, 1994, 108
    Stat. 4317, 4324; Pub. L. 104-132, title IV, Secs. 436(a), (b)(1),
    438(a), 440(c), (h), Apr. 24, 1996, 110 Stat. 1275, 1277, 1279;
    Pub. L. 104-208, div. C, title III, Secs. 306(a), (d),
    308(g)(10)(H), 371(b)(6), Sept. 30, 1996, 110 Stat. 3009-607, 3009-
    612, 3009-625, 3009-645; Pub. L. 109-13, div. B, title I, Secs.
    101(e), (f), 106(a), May 11, 2005, 119 Stat. 305, 310.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1253 of this title, referred to in subsec. (b)(8)(B), was
    amended generally by Pub. L. 104-208, div. C, title III, Sec.
    307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no
    longer contains a subsec. (g). Provisions similar to those
    contained in former subsec. (g) of section 1253 are now contained
    in subsec. (d) of section 1253.
      Rule 23 of the Federal Rules of Civil Procedure, referred to in
    subsec. (e)(1)(B), is set out in the Appendix to Title 28,
    Judiciary and Judicial Procedure.
      The Illegal Immigration Reform and Immigrant Responsibility Act
    of 1996, referred to in subsec. (f)(1), is div. C of Pub. L. 104-
    208, Sept. 30, 1996, 110 Stat. 3009-546. For complete
    classification of this Act to the Code, see Short Title of 1996
    Amendment note set out under section 1101 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(2)(A). Pub. L. 109-13, Sec. 106(a)(1)(A)(i),
    inserted "(statutory or nonstatutory), including section 2241 of
    title 28, or any other habeas corpus provision, and sections 1361
    and 1651 of such title" after "Notwithstanding any other provision
    of law" in introductory provisions.
      Subsec. (a)(2)(B). Pub. L. 109-13, Sec. 106(a)(1)(A)(ii),
    inserted "(statutory or nonstatutory), including section 2241 of
    title 28, or any other habeas corpus provision, and sections 1361
    and 1651 of such title, and except as provided in subparagraph (D)"
    after "Notwithstanding any other provision of law" in introductory
    provisions.
      Pub. L. 109-13, Sec. 101(f)(2), inserted "and regardless of
    whether the judgment, decision, or action is made in removal
    proceedings," before "no court shall" in introductory provisions.
      Subsec. (a)(2)(B)(ii). Pub. L. 109-13, Sec. 101(f)(1), inserted
    "or the Secretary of Homeland Security" after "Attorney General" in
    two places.
      Subsec. (a)(2)(C). Pub. L. 109-13, Sec. 106(a)(1)(A)(ii),
    inserted "(statutory or nonstatutory), including section 2241 of
    title 28, or any other habeas corpus provision, and sections 1361
    and 1651 of such title, and except as provided in subparagraph (D)"
    after "Notwithstanding any other provision of law".
      Subsec. (a)(2)(D). Pub. L. 109-13, Sec. 106(a)(1)(A)(iii), added
    subpar. (D).
      Subsec. (a)(4), (5). Pub. L. 109-13, Sec. 106(a)(1)(B), added
    pars. (4) and (5).
      Subsec. (b)(4). Pub. L. 109-13, Sec. 101(e), added concluding
    provisions.
      Subsec. (b)(9). Pub. L. 109-13, Sec. 106(a)(2), inserted at end
    "Except as otherwise provided in this section, no court shall have
    jurisdiction, by habeas corpus under section 2241 of title 28 or
    any other habeas corpus provision, by section 1361 or 1651 of such
    title, or by any other provision of law (statutory or
    nonstatutory), to review such an order or such questions of law or
    fact."
      Subsec. (g). Pub. L. 109-13, Sec. 106(a)(3), inserted "(statutory
    or nonstatutory), including section 2241 of title 28, or any other
    habeas corpus provision, and sections 1361 and 1651 of such title"
    after "notwithstanding any other provision of law".
      1996 - Pub. L. 104-208, Sec. 306(a)(2), amended section
    generally, substituting subsecs. (a) to (g) relating to judicial
    review of orders of removal for former subsecs. (a) to (i) relating
    to apprehension and deportation of aliens.
      Subsec. (a)(2). Pub. L. 104-132, Sec. 440(c)(2), struck out
    subpar. (B) which read as follows: "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."
      Pub. L. 104-132, Sec. 440(c)(1)(C), struck out "but subject to
    subparagraph (B)" before ", the Attorney General shall not
    release".
      Pub. L. 104-132, Sec. 440(c)(1)(B), as amended by Pub. L. 104-
    208, Secs. 306(d), 308(g)(10)(H), substituted "any criminal
    offense covered in section 1251(a)(2)(A)(iii), (B), (C), or (D) of
    this title, or any offense covered by section 1227(a)(2)(A)(ii) of
    this title for which both predicate offenses are, without regard to
    the date of their commission, otherwise covered by section
    1227(a)(2)(A)(i) of this title" for "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)".
      Pub. L. 104-132, Sec. 440(c)(1)(A), substituted "(2) The
    Attorney" for "(2)(A) The Attorney".
      Subsec. (b). Pub. L. 104-208, Sec. 371(b)(6), substituted "An
    immigration judge" for "A special inquiry officer", "an immigration
    judge" for "a special inquiry officer" in two places, and
    "immigration judge" for "special inquiry officer" wherever
    appearing.
      Pub. L. 104-132, Sec. 436(a), inserted before period at end of
    second sentence "; except that nothing in this subsection shall
    preclude the Attorney General from authorizing proceedings by
    electronic or telephonic media (with the consent of the alien) or,
    where waived or agreed to by the parties, in the absence of the
    alien".
      Subsec. (c)(1). Pub. L. 104-132, Sec. 440(h)(1), designated
    existing provisions of subsec. (c) as par. (1) and substituted
    "Subject to paragraph (2), when a final order" for "When a final
    order".
      Subsec. (c)(2). Pub. L. 104-132, Sec. 440(h)(2), as amended by
    Pub. L. 104-208, Secs. 306(d), 308(g)(10)(H), added par. (2).
      Subsec. (h). Pub. L. 104-132, Sec. 438(a), amended subsec. (h)
    generally, restating prior single par. as par. (1) and adding pars.
    (2) and (3) authorizing the Attorney General to deport an alien
    prior to the completion of a sentence of imprisonment and requiring
    notice to deported aliens of penalties for reentry.
      Subsec. (i). Pub. L. 104-132, Sec. 436(b)(1), inserted at end
    "Nothing in this subsection shall be construed to create any
    substantive or procedural right or benefit that is legally
    enforceable by any party against the United States or its agencies
    or officers or any other person."
      Subsec. (j). Pub. L. 104-208, Sec. 306(a)(1), redesignated
    subsec. (j) as subsec. (i) of section 1231 of this title.
      1994 - Subsec. (b). Pub. L. 103-416, Sec. 224(b), substituted
    "Except as provided in section 1252a(d) of this title, the" for
    "The" in ninth sentence.
      Subsec. (e). Pub. L. 103-322, Sec. 130001(a), struck out
    "paragraph (2), (3), or (4) of" before "section 1251(a) of this
    title" and substituted "shall be imprisoned not more than four
    years, or shall be imprisoned not more than ten years if the alien
    is a member of any of the classes described in paragraph (1)(E),
    (2), (3), or (4) of section 1251(a) of this title." for "shall be
    imprisoned not more than ten years".
      Subsec. (h). Pub. L. 103-416, Sec. 219(h), substituted "Parole,"
    for "Parole,,".
      Subsec. (j). Pub. L. 103-322, Sec. 20301(a), added subsec. (j).
      1991 - Subsec. (a)(2)(B). Pub. L. 102-232, Sec. 306(a)(4),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "The Attorney General shall release from custody an
    alien who is lawfully admitted for permanent residence on bond or
    such other conditions as the Attorney General may prescribe if the
    Attorney General determines that the alien is not a threat to the
    community and that the alien is likely to appear before any
    scheduled hearings."
      Subsec. (b). Pub. L. 102-232, Sec. 306(c)(7), amended eighth
    sentence generally, substituting "Such regulations shall include
    requirements that are consistent with section 1252b of this title
    and that provide that - " and pars. (1) to (4) for "Such
    regulations shall include requirements consistent with section
    1252b of this title."
      Subsec. (e). Pub. L. 102-232, Sec. 307(m)(2), substituted
    "paragraph (2), (3), or (4)" for "paragraphs (4), (5), (6), (7),
    (11), (12), (14), (15), (16), (17), (18), or (19)".
      Subsec. (h). Pub. L. 102-232, Sec. 309(b)(9), inserted a comma
    after "Parole".
      1990 - Subsec. (a)(2). Pub. L. 101-649, Sec. 504(a), designated
    existing text as subpar. (A), substituted "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)"
    for "upon completion of the alien's sentence for such conviction"
    and "Notwithstanding paragraph (1) or subsections (c) and (d) of
    this section but subject to subparagraph (B)" for "Notwithstanding
    subsection (a) of this section", and added subpar. (B).
      Subsec. (b). Pub. L. 101-649, Sec. 603(b)(2)(A), substituted
    "(2), (3), or (4)" for "(4), (5), (6), (7), (11), (12), (14), (15),
    (16), (17), (18), or (19)".
      Pub. L. 101-649, Sec. 545(e), amended eighth sentence generally.
    Prior to amendment, eighth sentence read as follows: "Such
    regulations shall include requirements that - 
        "(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). Pub. L. 101-649, Sec. 603(b)(2)(B), which directed
    the substitution of "paragraph (2), (3) or (4)" for "paragraph (4),
    (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)",
    could not be executed because the quoted language differed from the
    text. See 1991 Amendment note above.
      1988 - Subsec. (a). Pub. L. 100-690 designated existing
    provisions as par. (1), substituted "Except as provided in
    paragraph (2), any" for "Any", redesignated cls. (1) to (3) as (A)
    to (C), respectively, and added pars. (2) and (3).
      Subsec. (e). Pub. L. 100-525 struck out "or from September 23,
    1950, whichever is the later," after "from the date of the final
    order of the court,".
      1986 - Subsec. (i). Pub. L. 99-603 added subsec. (i).
      1984 - Subsec. (h). Pub. L. 98-473, which directed that
    "supervised release," be inserted after "parole,", was executed by
    inserting "supervised release," after "Parole," to reflect the
    probable intent of Congress.
      1981 - Subsec. (b). Pub. L. 97-116, Sec. 18(h)(1)(A), substituted
    "(18), or (19)" for "or (18)" in provision following par. (4).
      Subsec. (e). Pub. L. 97-116, Sec. 18(h)(1)(B), substituted "(18),
    or (19)" for "or (18)".
      1954 - Subsec. (d). Act Sept. 3, 1954, struck out "shall upon
    conviction be guilty of a felony."

                     EFFECTIVE DATE OF 2005 AMENDMENT                 
      Pub. L. 109-13, div. B, title I, Sec. 101(h)(3), (4), May 11,
    2005, 119 Stat. 305, 306, provided that:
      "(3) The amendment made by subsection (e) [amending this section]
    shall take effect on the date of the enactment of this division
    [May 11, 2005] and shall apply to all cases in which the final
    administrative removal order is or was issued before, on, or after
    such date.
      "(4) The amendments made by subsection (f) [amending this
    section] shall take effect on the date of the enactment of this
    division [May 11, 2005] and shall apply to all cases pending before
    any court on or after such date."
      Pub. L. 109-13, div. B, title I, Sec. 106(b), May 11, 2005, 119
    Stat. 311, provided that: "The amendments made by subsection (a)
    [amending this section] shall take effect upon the date of the
    enactment of this division [May 11, 2005] and shall apply to cases
    in which the final administrative order of removal, deportation, or
    exclusion was issued before, on, or after the date of the enactment
    of this division."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Section 306(c) of div. C of Pub. L. 104-208, as amended by Pub.
    L. 104-302, Sec. 2(1), Oct. 11, 1996, 110 Stat. 3657, provided
    that:
      "(1) In general. - Subject to paragraph (2), the amendments made
    by subsections (a) and (b) [amending this section and section 1231
    of this title and repealing section 1105a of this title] shall
    apply as provided under section 309 [8 U.S.C. 1101 note], except
    that subsection (g) of section 242 of the Immigration and
    Nationality Act [8 U.S.C. 1252(g)] (as added by subsection (a)),
    shall apply without limitation to claims arising from all past,
    pending, or future exclusion, deportation, or removal proceedings
    under such Act [8 U.S.C. 1101 et seq.].
      "(2) Limitation. - Paragraph (1) shall not be considered to
    invalidate or to require the reconsideration of any judgment or
    order entered under section 106 of the Immigration and Nationality
    Act [former 8 U.S.C. 1105a], as amended by section 440 of Public
    Law 104-132."
      [Section 2 of Pub. L. 104-302 provided that the amendment made by
    that section to section 306(c)(1) of Pub. L. 104-208, set out
    above, is effective Sept. 30, 1996.]
      Section 306(d) of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as if included in the
    enactment of the Antiterrorism and Effective Death Penalty Act of
    1996, Pub. L. 104-132.
      Amendment by section 308(g)(10)(H) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 371(b)(6) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      For delayed effective date of amendment by section 440(c) of Pub.
    L. 104-132, see section 303(b)(2) of Pub. L. 104-208, set out as a
    note under section 1226 of this title.
      Section 436(b)(3) of Pub. L. 104-132 provided that: "The
    amendments made by this subsection [amending this section and
    provisions set out as a note under section 1101 of this title]
    shall take effect as if included in the enactment of the
    Immigration and Nationality Technical Corrections Act of 1994
    (Public Law 103-416)."

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by section 219(h) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.
      Section 224(c) of Pub. L. 103-416 provided that: "The amendments
    made by this section [amending this section and section 1252a of
    this title] shall apply to all aliens whose adjudication of guilt
    or guilty plea is entered in the record after the date of enactment
    of this Act [Oct. 25, 1994]."
      Section 20301(b) of Pub. L. 103-322 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect
    October 1, 1994."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 306(a)(4), (c)(7) of Pub. L. 102-232
    effective as if included in the enactment of the Immigration Act of
    1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set
    out as a note under section 1101 of this title.
      Section 307(m)(2) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(b)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 504(c) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending this section and section 1226 of
    this title] shall take effect on the date of the enactment of this
    Act [Nov. 29, 1990]."
      Section 545(g) of Pub. L. 101-649, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(b)(6)(B), Sept. 30, 1996, 110 Stat.
    3009-623, provided that:
      "(1) Notice-related provisions. - 
        "(A) Subsections (a), (b), (c), and (e)(1) of section 242B of
      the Immigration and Nationality Act [former 8 U.S.C. 1252b(a),
      (b), (c) and (e)(1)] (as inserted by the amendment made by
      subsection (a)), and the amendment made by subsection (e)
      [amending this section], shall be effective on a date specified
      by the Attorney General in the certification described in
      subparagraph (B), which date may not be earlier than 6 months
      after the date of such certification.
        "(B) The Attorney General shall certify to the Congress when
      the central address file system (described in section 239(a)(4)
      [probably means 239(a)(3)] of the Immigration and Nationality
      Act) [8 U.S.C. 1229(a)(3)] 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) Certain limits on discretionary relief; sanctions for
    frivolous behavior. - Subsections (d), (e)(2), and (e)(3) of
    section 242B of the Immigration and Nationality Act (as inserted by
    the amendment made by subsection (a)) shall be effective on the
    date of the enactment of this Act [Nov. 29, 1990].
      "(3) Limits on discretionary relief for failure to appear in
    asylum hearing. - Subsection (e)(4) of section 242B of the
    Immigration and Nationality Act (as inserted by the amendment made
    by subsection (a)) shall be effective on February 1, 1991.
      "(4) Consolidation of relief in judicial review. - The amendments
    made by subsection (b) [amending section 1105a of this title] shall
    apply to final orders of deportation entered on or after January 1,
    1991."
      Amendment by section 603(b)(2) of Pub. L. 101-649 not applicable
    to deportation proceedings for which notice has been provided to
    the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101-
    649, set out as a note under section 1227 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7343(c) of Pub. L. 100-690 provided that: "The amendments
    made by subsections (a) and (b) [amending this section and section
    1254 of this title] shall apply to any alien who has been
    convicted, on or after the date of the enactment of this Act [Nov.
    18, 1988], of an aggravated felony."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                                REGULATIONS                            
      Section 545(d) of Pub. L. 101-649 provided that: "Within 6 months
    after the date of the enactment of this Act [Nov. 29, 1990], the
    Attorney General shall issue regulations with respect to - 
        "(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."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                             TRANSFER OF CASES                         
      Pub. L. 109-13, div. B, title I, Sec. 106(c), May 11, 2005, 119
    Stat. 311, provided that: "If an alien's case, brought under
    section 2241 of title 28, United States Code, and challenging a
    final administrative order of removal, deportation, or exclusion,
    is pending in a district court on the date of the enactment of this
    division [May 11, 2005], then the district court shall transfer the
    case (or the part of the case that challenges the order of removal,
    deportation, or exclusion) to the court of appeals for the circuit
    in which a petition for review could have been properly filed under
    section 242(b)(2) of the Immigration and Nationality Act (8 U.S.C.
    1252), as amended by this section, or under section 309(c)(4)(D) of
    the Illegal Immigration Reform and Immigrant Responsibility Act of
    1996 [Pub. L. 104-208, div. C] (8 U.S.C. 1101 note). The court of
    appeals shall treat the transferred case as if it had been filed
    pursuant to a petition for review under such section 242, except
    that subsection (b)(1) of such section shall not apply."

                          TRANSITIONAL RULE CASES                      
      Pub. L. 109-13, div. B, title I, Sec. 106(d), May 11, 2005, 119
    Stat. 311, provided that: "A petition for review filed under former
    section 106(a) of the Immigration and Nationality Act [8 U.S.C.
    1105a(a)] (as in effect before its repeal by section 306(b) of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    [Pub. L. 104-208, div. C] (8 U.S.C. 1252 note)) shall be treated as
    if it had been filed as a petition for review under section 242 of
    the Immigration and Nationality Act (8 U.S.C. 1252), as amended by
    this section. Notwithstanding any other provision of law (statutory
    or nonstatutory), including section 2241 of title 28, United States
    Code, or any other habeas corpus provision, and sections 1361 and
    1651 of such title, such petition for review shall be the sole and
    exclusive means for judicial review of an order of deportation or
    exclusion."

    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

                  AUTHORITY TO ACCEPT CERTAIN ASSISTANCE              
      Section 130008 of Pub. L. 103-322 provided that:
      "(a) In General. - Subject to subsection (b) and notwithstanding
    any other provision of law, the Attorney General, in the discretion
    of the Attorney General, may accept, hold, administer, and utilize
    gifts of property and services (which may not include cash
    assistance) from State and local governments for the purpose of
    assisting the Immigration and Naturalization Service in the
    transportation of deportable aliens who are arrested for
    misdemeanor or felony crimes under State or Federal law and who are
    either unlawfully within the United States or willing to submit to
    voluntary departure under safeguards. Any property acquired
    pursuant to this section shall be acquired in the name of the
    United States.
      "(b) Limitation. - The Attorney General shall terminate or
    rescind the exercise of the authority under subsection (a) if the
    Attorney General determines that the exercise of such authority has
    resulted in discrimination by law enforcement officials on the
    basis of race, color, or national origin."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1252a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1252a. Transferred

-COD-
                               CODIFICATION                           
      Section 1252a, act June 27, 1952, ch. 477, title II, ch. 5, Sec.
    242A, as added Nov. 18, 1988, Pub. L. 100-690, title VII, Sec.
    7347(a), 102 Stat. 4471, as amended, which related to expedited
    removal of aliens convicted of committing aggravated felonies, was
    renumbered section 238 of ch. 4 of title II of act June 27, 1952,
    by Pub. L. 104-208, div. C, title III, Sec. 308(b)(5), Sept. 30,
    1996, 110 Stat. 3009-615, and was transferred to section 1228 of
    this title.

-End-

-CITE-
    8 USC Sec. 1252b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1252b. Repealed.

-MISC1-
    Sec. 1252b. Repealed. Pub. L. 104-208, div. C, title III, Sec.
      308(b)(6), Sept. 30, 1996, 110 Stat. 3009-615.
      Section, act June 27, 1952, ch. 477, title II, ch. 5, Sec. 242B,
    as added Nov. 29, 1990, Pub. L. 101-649, title V, Sec. 545(a), 104
    Stat. 5061; amended Dec. 12, 1991, Pub. L. 102-232, title III, Sec.
    306(c)(6), 105 Stat. 1753; Oct. 25, 1994, Pub. L. 103-416, title
    II, Sec. 219(i), 108 Stat. 4317; Sept. 30, 1996, Pub. L. 104-208,
    div. C, title III, Sec. 371(b)(7), 110 Stat. 3009-645, related to
    deportation procedures. See sections 1229 and 1229a of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.

-End-

-CITE-
    8 USC Sec. 1252c                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1252c. Authorizing State and local law enforcement officials
      to arrest and detain certain illegal aliens

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, to the extent
    permitted by relevant State and local law, State and local law
    enforcement officials are authorized to arrest and detain an
    individual who - 
        (1) is an alien illegally present in the United States; and
        (2) has previously been convicted of a felony in the United
      States and deported or left the United States after such
      conviction,

    but only after the State or local law enforcement officials obtain
    appropriate confirmation from the Immigration and Naturalization
    Service of the status of such individual and only for such period
    of time as may be required for the Service to take the individual
    into Federal custody for purposes of deporting or removing the
    alien from the United States.
    (b) Cooperation
      The Attorney General shall cooperate with the States to assure
    that information in the control of the Attorney General, including
    information in the National Crime Information Center, that would
    assist State and local law enforcement officials in carrying out
    duties under subsection (a) of this section is made available to
    such officials.

-SOURCE-
    (Pub. L. 104-132, title IV, Sec. 439, Apr. 24, 1996, 110 Stat.
    1276.)

-COD-
                               CODIFICATION                           
      This section was enacted as part of the Antiterrorism and
    Effective Death Penalty Act of 1996, and not as part of the
    Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1253                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1253. Penalties related to removal

-STATUTE-
    (a) Penalty for failure to depart
      (1) In general
        Any alien against whom a final order of removal is outstanding
      by reason of being a member of any of the classes described in
      section 1227(a) of this title, who - 
          (A) willfully fails or refuses to depart from the United
        States within a period of 90 days from the date of the final
        order of removal under administrative processes, or if judicial
        review is had, then from the date of the final order of the
        court,
          (B) willfully fails or refuses to make timely application in
        good faith for travel or other documents necessary to the
        alien's departure,
          (C) connives or conspires, or takes any other action,
        designed to prevent or hamper or with the purpose of preventing
        or hampering the alien's departure pursuant to such, or
          (D) willfully fails or refuses to present himself or herself
        for removal at the time and place required by the Attorney
        General pursuant to such order,

      shall be fined under title 18, or imprisoned not more than four
      years (or 10 years if the alien is a member of any of the classes
      described in paragraph (1)(E), (2), (3), or (4) of section
      1227(a) of this title), or both.
      (2) Exception
        It is not a violation of paragraph (1) to take any proper steps
      for the purpose of securing cancellation of or exemption from
      such order of removal or for the purpose of securing the alien's
      release from incarceration or custody.
      (3) Suspension
        The court may for good cause suspend the sentence of an alien
      under this subsection and order the alien's release under such
      conditions as the court may prescribe. In determining whether
      good cause has been shown to justify releasing the alien, the
      court shall take into account such factors as - 
          (A) the age, health, and period of detention of the alien;
          (B) the effect of the alien's release upon the national
        security and public peace or safety;
          (C) the likelihood of the alien's resuming or following a
        course of conduct which made or would make the alien
        deportable;
          (D) the character of the efforts made by such alien himself
        and by representatives of the country or countries to which the
        alien's removal is directed to expedite the alien's departure
        from the United States;
          (E) the reason for the inability of the Government of the
        United States to secure passports, other travel documents, or
        removal facilities from the country or countries to which the
        alien has been ordered removed; and
          (F) the eligibility of the alien for discretionary relief
        under the immigration laws.
    (b) Willful failure to comply with terms of release under
      supervision
      An alien who shall willfully fail to comply with regulations or
    requirements issued pursuant to section 1231(a)(3) of this title or
    knowingly give false information in response to an inquiry under
    such section shall be fined not more than $1,000 or imprisoned for
    not more than one year, or both.
    (c) Penalties relating to vessels and aircraft
      (1) Civil penalties
        (A) Failure to carry out certain orders
          If the Attorney General is satisfied that a person has
        violated subsection (d) or (e) of section 1231 of this title,
        the person shall pay to the Commissioner the sum of $2,000 for
        each violation.
        (B) Failure to remove alien stowaways
          If the Attorney General is satisfied that a person has failed
        to remove an alien stowaway as required under section
        1231(d)(2) of this title, the person shall pay to the
        Commissioner the sum of $5,000 for each alien stowaway not
        removed.
        (C) No compromise
          The Attorney General may not compromise the amount of such
        penalty under this paragraph.
      (2) Clearing vessels and aircraft
        (A) Clearance before decision on liability
          A vessel or aircraft may be granted clearance before a
        decision on liability is made under paragraph (1) only if a
        bond approved by the Attorney General or an amount sufficient
        to pay the civil penalty is deposited with the Commissioner.
        (B) Prohibition on clearance while penalty unpaid
          A vessel or aircraft may not be granted clearance if a civil
        penalty imposed under paragraph (1) is not paid.
    (d) Discontinuing granting visas to nationals of country denying or
      delaying accepting alien
      On being notified by the Attorney General that the government of
    a foreign country denies or unreasonably delays accepting an alien
    who is a citizen, subject, national, or resident of that country
    after the Attorney General asks whether the government will accept
    the alien under this section, the Secretary of State shall order
    consular officers in that foreign country to discontinue granting
    immigrant visas or nonimmigrant visas, or both, to citizens,
    subjects, nationals, and residents of that country until the
    Attorney General notifies the Secretary that the country has
    accepted the alien.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 243, 66 Stat. 212;
    Pub. L. 89-236, Sec. 11(f), Oct. 3, 1965, 79 Stat. 918; Pub. L. 95-
    549, title I, Sec. 104, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96-
    212, title II, Sec. 203(e), Mar. 17, 1980, 94 Stat. 107; Pub. L.
    97-116, Sec. 18(i), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101-649,
    title V, Sec. 515(a)(2), title VI, Sec. 603(b)(3), Nov. 29, 1990,
    104 Stat. 5053, 5085; Pub. L. 104-132, title IV, Sec. 413(a), (f),
    Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104-208, div. C, title III,
    Sec. 307(a), Sept. 30, 1996, 110 Stat. 3009-612.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 amended section generally. Prior to
    amendment, section consisted of subsecs. (a) to (h) relating to
    countries to which aliens were to be deported.
      Subsec. (h)(2). Pub. L. 104-132, Sec. 413(a), inserted at end
    "For purposes of subparagraph (D), an alien who is described in
    section 1251(a)(4)(B) of this title shall be considered to be an
    alien for whom there are reasonable grounds for regarding as a
    danger to the security of the United States."
      Subsec. (h)(3). Pub. L. 104-132, Sec. 413(f), added par. (3)
    which read as follows: "Notwithstanding any other provision of law,
    paragraph (1) shall apply to any alien if the Attorney General
    determines, in the discretion of the Attorney General, that - 
        "(A) such alien's life or freedom would be threatened, in the
      country to which such alien would be deported or returned, on
      account of race, religion, nationality, membership in a
      particular social group, or political opinion; and
        "(B) the application of paragraph (1) to such alien is
      necessary to ensure compliance with the 1967 United Nations
      Protocol Relating to the Status of Refugees."
      1990 - Subsec. (h)(1). Pub. L. 101-649, Sec. 603(b)(3),
    substituted "1251(a)(4)(D)" for "1251(a)(19)".
      Subsec. (h)(2). Pub. L. 101-649, Sec. 515(a)(2), inserted
    sentence at end relating to aliens who have been convicted of
    aggravated felonies.
      1981 - Subsec. (a). Pub. L. 97-116 inserted a comma after
    "subject" in fourth sentence.
      1980 - Subsec. (h). Pub. L. 96-212 substituted provisions
    relating to deportation or return of an alien where the Attorney
    General determines that the return would threaten the life or
    freedom of the alien on account of race, religion, nationality,
    membership in a particular social group, or political opinion, for
    provisions relating to withholding of deportation for any necessary
    period of time where the Attorney General decides the alien would
    be subject to persecution on account of race, religion, or
    political opinion.
      1978 - Subsec. (h). Pub. L. 95-549 inserted "(other than an alien
    described in section 1251(a) of this title)" before "within the
    United States".
      1965 - Subsec. (h). Pub. L. 89-236 substituted "persecution on
    account of race, religion, or political opinion" for "physical
    persecution".

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.
      Section 413(g) of Pub. L. 104-132 provided that: "The amendments
    made by this section [amending this section and sections 1254,
    1255, and 1259 of this title] shall take effect on the date of the
    enactment of this Act [Apr. 24, 1996] and shall apply to
    applications filed before, on, or after such date if final action
    has not been taken on them before such date."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 515(a)(2) of Pub. L. 101-649 applicable to
    convictions entered before, on, or after Nov. 29, 1990, and to
    applications for withholding of deportation made on or after such
    date, see section 515(b)(2) of Pub. L. 101-649, as amended, set out
    as a note under section 1158 of this title.
      Amendment by section 603(b)(3) of Pub. L. 101-649 not applicable
    to deportation proceedings for which notice has been provided to
    the alien before Mar. 1, 1991, see section 602(d) of Pub. L. 101-
    649, set out as a note under section 1227 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-212 effective Mar. 17, 1980, and
    applicable to fiscal years beginning with the fiscal year beginning
    Oct. 1, 1979, see section 204 of Pub. L. 96-212, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

    SENSE OF CONGRESS RESPECTING TREATMENT OF CUBAN POLITICAL PRISONERS
      Pub. L. 99-603, title III, Sec. 315(c), Nov. 6, 1986, 100 Stat.
    3440, as amended by Pub. L. 104-208, div. C, title III, Sec.
    308(g)(7)(C)(i), Sept. 30, 1996, 110 Stat. 3009-623, provided that:
    "It is the sense of the Congress that the Secretary of State should
    provide for the issuance of visas to nationals of Cuba who are or
    were imprisoned in Cuba for political activities without regard to
    section 243(d) of the Immigration and Nationality Act (8 U.S.C.
    1253(d))."

-End-

-CITE-
    8 USC Sec. 1254                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1254. Repealed.

-MISC1-
    Sec. 1254. Repealed. Pub. L. 104-208, div. C, title III, Sec.
      308(b)(7), Sept. 30, 1996, 110 Stat. 3009-615.
      Section, acts June 27, 1952, ch. 477, title II, ch. 5, Sec. 244,
    66 Stat. 214; Oct. 24, 1962, Pub. L. 87-885, Sec. 4, 76 Stat. 1247;
    Oct. 3, 1965, Pub. L. 89-236, Sec. 12, 79 Stat. 918; Oct. 20, 1976,
    Pub. L. 94-571, Sec. 7(f), 90 Stat. 2706; Oct. 30, 1978, Pub. L. 95-
    549, title I, Sec. 105, 92 Stat. 2066; Mar. 17, 1980, Pub. L. 96-
    212, title II, Sec. 203(d), 94 Stat. 107; Dec. 29, 1981, Pub. L.
    97-116, Secs. 9, 18(h)(2), (j), 95 Stat. 1616, 1620; Nov. 6, 1986,
    Pub. L. 99-603, title III, Sec. 315(b), 100 Stat. 3439; Oct. 24,
    1988, Pub. L. 100-525, Sec. 2(q)(1), 102 Stat. 2613; Nov. 18, 1988,
    Pub. L. 100-690, title VII, Sec. 7343(b), 102 Stat. 4470; Nov. 29,
    1990, Pub. L. 101-649, title I, Sec. 162(e)(2), title VI, Sec.
    603(b)(3), (4), 104 Stat. 5011, 5085; Dec. 12, 1991, Pub. L. 102-
    232, title III, Sec. 307(m)(1), 105 Stat. 1757; Sept. 13, 1994,
    Pub. L. 103-322, title IV, Sec. 40703, 108 Stat. 1955; Apr. 24,
    1996, Pub. L. 104-132, title IV, Sec. 413(b), (c), 110 Stat. 1269,
    related to suspension of deportation. See sections 1229b and 1229c
    of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.

-End-

-CITE-
    8 USC Sec. 1254a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1254a. Temporary protected status

-STATUTE-
    (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 remove 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 removal 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 removal 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 removal
        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
        section 3302 of title 31, all fees collected under this
        subparagraph shall be credited to the appropriation to be used
        in carrying out this section.
      (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 section
          1182(a) of this title shall not apply;
            (ii) except as provided in clause (iii), the Attorney
          General may waive any other provision of section 1182(a) of
          this title in the case of individual aliens for humanitarian
          purposes, to assure family unity, or when it is otherwise in
          the public interest; but
            (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 section 1158(b)(2)(A) of
          this title.
      (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
      cancellation of removal
      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
    section 1229b(a) of this title, unless the Attorney General
    determines that extreme hardship exists. Such period shall not
    cause a break in the continuity of residence of the period before
    and after such period for purposes of such section.
    (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 section 1101(a)(36) of this title) or any
      political subdivision thereof which furnishes such assistance;
        (3) the alien may travel abroad with the prior consent of the
      Attorney General; and
        (4) for purposes of adjustment of status under section 1255 of
      this title and change of status under section 1258 of this title,
      the alien shall be considered as being in, and maintaining,
      lawful status as a nonimmigrant.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 244, formerly Sec.
    244A, as added and amended Pub. L. 101-649, title III, Sec. 302(a),
    title VI, Sec. 603(a)(24), Nov. 29, 1990, 104 Stat. 5030, 5084;
    Pub. L. 102-232, title III, Secs. 304(b), 307(l)(5), Dec. 12, 1991,
    105 Stat. 1749, 1756; Pub. L. 103-416, title II, Sec. 219(j),
    (z)(2), Oct. 25, 1994, 108 Stat. 4317, 4318; renumbered Sec. 244
    and amended Pub. L. 104-208, div. C, title III, Sec. 308(b)(7),
    (e)(1)(G), (11), (g)(7)(E)(i), (8)(A)(i), Sept. 30, 1996, 110 Stat.
    3009-615, 3009-619, 3009-620, 3009-624.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1)(A). Pub. L. 104-208, Sec. 308(e)(11),
    substituted "remove" for "deport".
      Subsec. (a)(3)(B), (C). Pub. L. 104-208, Sec. 308(e)(1)(G),
    substituted "removal" for "deportation".
      Subsec. (b)(5)(B). Pub. L. 104-208, Sec. 308(e)(1)(G),
    substituted "removal" for "deportation".
      Subsec. (c)(2)(B)(ii). Pub. L. 104-208, Sec. 308(g)(7)(E)(i),
    substituted "section 1158(b)(2)(A)" for "section 1253(h)(2)".
      Subsec. (e). Pub. L. 104-208, Sec. 308(g)(8)(A)(i), substituted
    "section 1229b(a)" for "section 1254(a)".
      Pub. L. 104-208, Sec. 308(e)(11), amended heading.
      1994 - Subsec. (c)(1)(B). Pub. L. 103-416, Sec. 219(z)(2), made
    technical correction to directory language of Pub. L. 102-232, Sec.
    304(b)(2). See 1991 Amendment note below.
      Subsec. (c)(2)(A)(iii)(III). Pub. L. 103-416, Sec. 219(j),
    substituted "paragraphs" for "Paragraphs" and "and (3)(E)" for "or
    (3)(E)".
      1991 - Subsec. (a)(1). Pub. L. 102-232, Sec. 304(b)(1), inserted
    parenthetical relating to alien having no nationality.
      Subsec. (c)(1)(A). Pub. L. 102-232, Sec. 304(b)(3), inserted
    parenthetical relating to alien having no nationality.
      Subsec. (c)(1)(B). Pub. L. 102-232, Sec. 304(b)(2), as amended by
    Pub. L. 103-416, Sec. 219(z)(2), inserted provisions requiring
    separate fee of aliens registered pursuant to designation made
    after July 17, 1991, and directing that all fees be credited to
    appropriation to be used to carry out this section.
      Subsec. (c)(2)(A)(iii)(I). Pub. L. 102-232, Sec. 307(l)(5)(A),
    substituted "paragraphs (2)(A) and (2)(B)" for "paragraphs (9) and
    (10)".
      Subsec. (c)(2)(A)(iii)(III). Pub. L. 102-232, Sec. 307(l)(5)(B),
    amended subcl. (III) generally. Prior to amendment, subcl. (III)
    read as follows: "paragraphs (3) (relating to security and related
    grounds)."
      1990 - Subsec. (c)(2)(A)(i). Pub. L. 101-649, Sec. 603(a)(24)(A),
    which directed the substitution of "(5) and (7)(A)" for "(14),
    (20), (21), (25), and (32)", was executed by making the
    substitution for "(14), (15), (20), (21), (25), and (32)", as the
    probable intent of Congress.
      Subsec. (c)(2)(A)(iii)(I). Pub. L. 101-649, Sec. 603(a)(24)(B),
    which directed the substitution of "Paragraphs (2)(A) and (2)(B)"
    for "Paragraphs (9) and (10)", could not be executed because the
    quoted language differed from the text. See 1991 Amendment note
    above.
      Subsec. (c)(2)(A)(iii)(II). Pub. L. 101-649, Sec. 603(a)(24)(C),
    substituted "(2)(C)" for "(23)" and inserted "or" at end.
      Subsec. (c)(2)(A)(iii)(III). Pub. L. 101-649, Sec. 603(a)(24)(D),
    which directed the substitution of "(3) (relating to security and
    related grounds)" for "(27) and (29) (relating to national
    security)", and a period for "; or", was executed by substituting
    "(3) (relating to security and related grounds)" for "(27) and (29)
    of such section (relating to national security)", and a period for
    ", or", as the probable intent of Congress.
      Subsec. (c)(2)(A)(iii)(IV). Pub. L. 101-649, Sec. 603(a)(24)(E),
    struck out subcl. (IV) which referred to par. (33).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 219(j) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(2) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 304(b) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 603(a)(24) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                  LIMITATION ON SUSPENSION OF DEPORTATION              
      The Attorney General may not suspend deportation and adjust
    status under this section of more than 4,000 aliens in any fiscal
    year, beginning after Sept. 30, 1996, regardless of when aliens
    applied for such suspension and adjustment, see section 309(c)(7)
    of Pub. L. 104-208, set out in an Effective Date of 1996 Amendments
    note under section 1101 of this title.

              ALIENS AUTHORIZED TO TRAVEL ABROAD TEMPORARILY          
      Section 304(c) of Pub. L. 102-232, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(g)(1), (8)(A)(ii), (C), Sept. 30, 1996,
    110 Stat. 3009-622, 3009-624, provided that:
      "(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 [Pub. L. 101-649, set out as a note under section
        1255a of this title], or
          "(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 244(c)(2)(A)(iii) of the
        Immigration and Nationality Act [8 U.S.C. 1254a(c)(2)(A)(iii)];
        and
        "(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
      240A(a) of the Immigration and Nationality Act [8 U.S.C.
      1229b(a)] if the absence meets the requirements of section
      240A(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
      244 of the Immigration and Nationality Act, including aliens
      provided such status under section 303 of the Immigration Act of
      1990 [Pub. L. 101-649, set out below]."

                      EFFECT ON EXECUTIVE ORDER 12711                  
      Section 302(c) of Pub. L. 101-649, as amended by Pub. L. 102-232,
    title III, Sec. 304(a), Dec. 12, 1991, 105 Stat. 1749; Pub. L. 103-
    416, title II, Sec. 219(y), Oct. 25, 1994, 108 Stat. 4318; Pub. L.
    104-208, div. C, title III, Sec. 308(g)(1), Sept. 30, 1996, 110
    Stat. 3009-622, provided that: "Notwithstanding subsection (g) of
    section 244 of the Immigration and Nationality Act [8 U.S.C.
    1254a(g)] (inserted by the amendment made by subsection (a)), such
    section shall not supersede or affect Executive Order 12711 (April
    11, 1990 [8 U.S.C. 1101 note], relating to policy implementation
    with respect to nationals of the People's Republic of China)."

            SPECIAL TEMPORARY PROTECTED STATUS FOR SALVADORANS        
      Section 303 of Pub. L. 101-649, as amended by Pub. L. 102-65,
    Sec. 1, July 2, 1991, 105 Stat. 322; Pub. L. 104-208, div. C, title
    III, Sec. 308(g)(1), (6)(A), Sept. 30, 1996, 110 Stat. 3009-622,
    3009-623, provided that:
      "(a) Designation. - 
        "(1) In general. - El Salvador is hereby designated under
      section 244(b) of the Immigration and Nationality Act [8 U.S.C.
      1254a(b)], subject to the provisions of this section.
        "(2) Period of designation. - Such designation shall take
      effect on the date of the enactment of this section [Nov. 29,
      1990] and shall remain in effect until the end of the 18-month
      period beginning January 1, 1991.
      "(b) Aliens Eligible. - 
        "(1) In general. - In applying section 244 of the Immigration
      and Nationality Act [8 U.S.C. 1254a] pursuant to the designation
      under this section, subject to section 244(c)(3) of such Act, an
      alien who is a national of El Salvador meets the requirements of
      section 244(c)(1) of such Act only if - 
          "(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 244(c)(2)(A) of such Act, and
        is not ineligible for temporary protected status under section
        244(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) Registration fee. - The Attorney General shall require
      payment of a reasonable fee as a condition of registering an
      alien under paragraph (1)(C) (including providing an alien with
      an 'employment authorized' endorsement or other appropriate work
      permit under this section). The amount of the fee shall be
      sufficient to cover the costs of administration of this section.
      Notwithstanding section 3302 of title 31, United States Code, all
      such registration fees collected shall be credited to the
      appropriation to be used in carrying out this section.
      "(c) Application of Certain Provisions. - 
        "(1) In general. - Except as provided in this subsection, the
      provisions of section 244 of the Immigration and Nationality Act
      [8 U.S.C. 1254a] (including subsection (h) thereof) shall apply
      to El Salvador (and aliens provided temporary protected status)
      under this section in the same manner as they apply to a foreign
      state designated (and aliens provided temporary protected status)
      under such section.
        "(2) Provisions not applicable. - Subsections (b)(1), (b)(2),
      (b)(3), (c)(1), (c)(4), (d)(3), and (i) of such section 244 shall
      not apply under this section.
        "(3) 6-month period of registration and work authorization. -
      Notwithstanding section 244(a)(2) of the Immigration and
      Nationality Act, the work authorization provided under this
      section shall be effective for periods of 6 months. In applying
      section 244(c)(3)(C) of such Act under this section,
      'semiannually, at the end of each 6-month period' shall be
      substituted for 'annually, at the end of each 12-month period'
      and, notwithstanding section 244(d)(2) of such Act, the period of
      validity of documentation under this section shall be 6 months.
        "(4) Reentry permitted after departure for emergency
      circumstances. - In applying section 244(f)(3) of the Immigration
      and Nationality Act under this section, the Attorney General
      shall provide for advance parole in the case of an alien provided
      special temporary protected status under this section if the
      alien establishes to the satisfaction of the Attorney General
      that emergency and extenuating circumstances beyond the control
      of the alien requires the alien to depart for a brief, temporary
      trip abroad.
      "(d) Enforcement of Requirement to Depart at Time of Termination
    of Designation. - 
        "(1) Show cause order at time of final registration. - At the
      registration occurring under this section closest to the date of
      termination of the designation of El Salvador under subsection
      (a), the Immigration and Naturalization Service shall serve on
      the alien granted temporary protected status an order to show
      cause that establishes a date for deportation proceedings which
      is after the date of such termination of designation. If El
      Salvador is subsequently designated under section 244(b) of the
      Immigration and Nationality Act [8 U.S.C. 1254a], the Service
      shall cancel such orders.
        "(2) Sanction for failure to appear. - If an alien is provided
      an order to show cause under paragraph (1) and fails to appear at
      such proceedings, except for exceptional circumstances, the alien
      may be deported in absentia under section 240(b)(5) of the
      Immigration and Nationality Act [8 U.S.C. 1229a(b)(5)] (inserted
      by section 545(a) of this Act) and certain discretionary forms of
      relief are no longer available to the alien pursuant to such
      section."

-End-

-CITE-
    8 USC Sec. 1255                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1255. Adjustment of status of nonimmigrant to that of person
      admitted for permanent residence

-STATUTE-
    (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 or the status of any other alien having an
    approved petition for classification as a VAWA self-petitioner 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 sections 1152 and 1153 of this title within the class
    to which the alien is chargeable for the fiscal year then current.
    (c) Alien crewmen, aliens continuing or accepting unauthorized
      employment, and aliens admitted in transit without visa
      Other than an alien having an approved petition for
    classification as a VAWA self-petitioner, subsection (a) of this
    section shall not be applicable to (1) an alien crewman; (2)
    subject to subsection (k) of this section, an alien (other than an
    immediate relative as defined in section 1151(b) of this title or a
    special immigrant described in section 1101(a)(27)(H), (I), (J), or
    (K) of this title) who hereafter continues in or accepts
    unauthorized employment prior to filing an application for
    adjustment of status or who is in unlawful immigration status on
    the date of filing the application for adjustment of status or who
    has failed (other than through no fault of his own or for technical
    reasons) to maintain continuously a lawful status since entry into
    the United States; (3) any alien admitted in transit without visa
    under section 1182(d)(4)(C) of this title; (4) an alien (other than
    an immediate relative as defined in section 1151(b) of this title)
    who was admitted as a nonimmigrant visitor without a visa under
    section 1182(l) of this title or section 1187 of this title; (5) an
    alien who was admitted as a nonimmigrant described in section
    1101(a)(15)(S) of this title,(!1) (6) an alien who is deportable
    under section 1227(a)(4)(B) of this title; (7) any alien who seeks
    adjustment of status to that of an immigrant under section 1153(b)
    of this title and is not in a lawful nonimmigrant status; or (8)
    any alien who was employed while the alien was an unauthorized
    alien, as defined in section 1324a(h)(3) of this title, or who has
    otherwise violated the terms of a nonimmigrant visa.

    (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 section
    1186a of this title. The Attorney General may not adjust, under
    subsection (a) of this section, the status of a nonimmigrant alien
    described in section 1101(a)(15)(K) of this title except to that of
    an alien lawfully admitted to the United States on a conditional
    basis under section 1186a of this title as a result of the marriage
    of the nonimmigrant (or, in the case of a minor child, the parent)
    to the citizen who filed the petition to accord that alien's
    nonimmigrant status under section 1101(a)(15)(K) of this title.
    (e) Restriction on adjustment of status based on marriages entered
      while in admissibility 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 be admitted or remain in the United States.
      (3) Paragraph (1) and section 1154(g) of this title shall not
    apply with respect to a marriage if the alien establishes by clear
    and convincing evidence to the satisfaction of the Attorney General
    that the marriage was entered into in good faith and in accordance
    with the laws of the place where the marriage took place and the
    marriage was not entered into for the purpose of procuring the
    alien's admission as an immigrant and 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 section 1154(a) of this title or subsection (d)
    or (p) (!2) of section 1184 of this title with respect to the alien
    spouse or alien son or daughter. In accordance with regulations,
    there shall be only one level of administrative appellate review
    for each alien under the previous sentence.

    (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 section
    1186b of this title.
    (g) Special immigrants
      In applying this section to a special immigrant described in
    section 1101(a)(27)(K) of this title, such an immigrant shall be
    deemed, for purposes of subsection (a) of this section, to have
    been paroled into the United States.
    (h) Application with respect to special immigrants
      In applying this section to a special immigrant described in
    section 1101(a)(27)(J) of this title - 
        (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 section 1182(a) of
        this title shall not apply, and
          (B) the Attorney General may waive other paragraphs of
        section 1182(a) of this title (other than paragraphs (2)(A),
        (2)(B), (2)(C) (except for so much of such paragraph as related
        to a single offense of simple possession of 30 grams or less of
        marijuana), (3)(A), (3)(B), (3)(C), and (3)(E)) in the case of
        individual aliens for humanitarian purposes, family unity, or
        when it is otherwise in the public interest.

    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 section 1101(a)(27)(J) of this title shall be construed as
    authorizing an alien to apply for admission or be admitted to the
    United States in order to obtain special immigrant status described
    in such section.
    (i) 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 - 
        (A) who - 
          (i) entered the United States without inspection; or
          (ii) is within one of the classes enumerated in subsection
        (c) of this section;

        (B) who is the beneficiary (including a spouse or child of the
      principal alien, if eligible to receive a visa under section
      1153(d) of this title) of - 
          (i) a petition for classification under section 1154 of this
        title that was filed with the Attorney General on or before
        April 30, 2001; or
          (ii) an application for a labor certification under section
        1182(a)(5)(A) of this title that was filed pursuant to the
        regulations of the Secretary of Labor on or before such date;
        and

        (C) who, in the case of a beneficiary of a petition for
      classification, or an application for labor certification,
      described in subparagraph (B) that was filed after January 14,
      1998, is physically present in the United States on December 21,
      2000;

    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 $1,000 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 section 1160 or 1255a
    of this title or section 202 of the Immigration Reform and Control
    Act of 1986 at any date, who - 
        (i) as of May 5, 1988, was the unmarried child or spouse of the
      individual who obtained temporary or permanent resident status
      under section 1160 or 1255a of this title or section 202 of the
      Immigration Reform and Control Act of 1986;
        (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)(A) The portion of each application fee (not to exceed $200)
    that the Attorney General determines is required to process an
    application under this section and is 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 subsections
    (m), (n), and (o) of section 1356 of this title.
      (B) Any remaining portion of such fees remitted under such
    paragraphs shall be deposited by the Attorney General into the
    Breached Bond/Detention Fund established under section 1356(r) of
    this title, except that in the case of fees attributable to
    applications for a beneficiary with respect to whom a petition for
    classification, or an application for labor certification,
    described in paragraph (1)(B) was filed after January 14, 1998, one-
    half of such remaining portion shall be deposited by the Attorney
    General into the Immigration Examinations Fee Account established
    under section 1356(m) of this title.
    (j) Adjustment to permanent resident status
      (1) If, in the opinion of the Attorney General - 
        (A) a nonimmigrant admitted into the United States under
      section 1101(a)(15)(S)(i) of this title has supplied information
      described in subclause (I) of such section; and
        (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 section 1182(a)(3)(E) of this title.
      (2) If, in the sole discretion of the Attorney General - 
        (A) a nonimmigrant admitted into the United States under
      section 1101(a)(15)(S)(ii) of this title has supplied information
      described in subclause (I) of such section, and
        (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 section
      2708(a) of title 22,

    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 section 1182(a)(3)(E) of this title.
      (3) Upon the approval of adjustment of status under paragraph (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 sections 1151(d) and 1153(b)(4) of
    this title for the fiscal year then current.
    (k) Inapplicability of certain provisions for certain employment-
      based immigrants
      An alien who is eligible to receive an immigrant visa under
    paragraph (1), (2), or (3) of section 1153(b) of this title (or, in
    the case of an alien who is an immigrant described in section
    1101(a)(27)(C) of this title, under section 1153(b)(4) of this
    title) may adjust status pursuant to subsection (a) of this section
    and notwithstanding subsection (c)(2), (c)(7), and (c)(8) of this
    section, if - 
        (1) the alien, on the date of filing an application for
      adjustment of status, is present in the United States pursuant to
      a lawful admission;
        (2) the alien, subsequent to such lawful admission has not, for
      an aggregate period exceeding 180 days - 
          (A) failed to maintain, continuously, a lawful status;
          (B) engaged in unauthorized employment; or
          (C) otherwise violated the terms and conditions of the
        alien's admission.
    (l) Adjustment of status for victims of trafficking
      (1) If, in the opinion of the Secretary of Homeland Security, or
    in the case of subparagraph (C)(i), the Attorney General,,(!3) a
    nonimmigrant admitted into the United States under section
    1101(a)(15)(T)(i) of this title - 

        (A) has been physically present in the United States for a
      continuous period of at least 3 years since the date of admission
      as a nonimmigrant under section 1101(a)(15)(T)(i) of this title,
      or has been physically present in the United States for a
      continuous period during the investigation or prosecution of acts
      of trafficking and that, in the opinion of the Attorney General,
      the investigation or prosecution is complete, whichever period of
      time is less; (!4)

        (B) has, throughout such period, been a person of good moral
      character, and
        (C)(i) has, during such period, complied with any reasonable
      request for assistance in the investigation or prosecution of
      acts of trafficking, or
        (ii) the alien would suffer extreme hardship involving unusual
      and severe harm upon removal from the United States,

    the Secretary of Homeland Security, or in the case of subparagraph
    (C)(i), the Attorney General, may adjust the status of the alien
    (and any person admitted under section 1101(a)(15)(T)(ii) of this
    title as the spouse, parent, sibling, or child of the alien) to
    that of an alien lawfully admitted for permanent residence.
      (2) Paragraph (1) shall not apply to an alien admitted under
    section 1101(a)(15)(T) of this title who is inadmissible to the
    United States by reason of a ground that has not been waived under
    section 1182 of this title, except that, if the Secretary of
    Homeland Security considers it to be in the national interest to do
    so, the Secretary of Homeland Security, in the Attorney General's
    (!5) discretion, may waive the application of - 

        (A) paragraphs (1) and (4) of section 1182(a) of this title;
      and
        (B) any other provision of such section (excluding paragraphs
      (3), (10)(C), and (10(E)),(!6) if the activities rendering the
      alien inadmissible under the provision were caused by, or were
      incident to, the victimization described in section
      1101(a)(15)(T)(i)(I) of this title.

      (3) An alien shall be considered to have failed to maintain
    continuous physical presence in the United States under paragraph
    (1)(A) if the alien has departed from the United States for any
    period in excess of 90 days or for any periods in the aggregate
    exceeding 180 days.
      (4)(A) The total number of aliens whose status may be adjusted
    under paragraph (1) during any fiscal year may not exceed 5,000.
      (B) The numerical limitation of subparagraph (A) shall only apply
    to principal aliens and not to the spouses, sons, daughters,
    siblings, or parents of such aliens.
      (5) Upon the approval of adjustment of status under paragraph
    (1), the Secretary of Homeland Security shall record the alien's
    lawful admission for permanent residence as of the date of such
    approval.
    (m) Adjustment of status for victims of crimes against women
      (1) The Secretary of Homeland Security may adjust the status of
    an alien admitted into the United States (or otherwise provided
    nonimmigrant status) under section 1101(a)(15)(U) of this title to
    that of an alien lawfully admitted for permanent residence if the
    alien is not described in section 1182(a)(3)(E) of this title,
    unless the Attorney General determines based on affirmative
    evidence that the alien unreasonably refused to provide assistance
    in a criminal investigation or prosecution, if - 
        (A) the alien has been physically present in the United States
      for a continuous period of at least 3 years since the date of
      admission as a nonimmigrant under clause (i) or (ii) of section
      1101(a)(15)(U) of this title; and
        (B) in the opinion of the Secretary of Homeland Security, the
      alien's continued presence in the United States is justified on
      humanitarian grounds, to ensure family unity, or is otherwise in
      the public interest.

      (2) An alien shall be considered to have failed to maintain
    continuous physical presence in the United States under paragraph
    (1)(A) if the alien has departed from the United States for any
    period in excess of 90 days or for any periods in the aggregate
    exceeding 180 days unless the absence is in order to assist in the
    investigation or prosecution or unless an official involved in the
    investigation or prosecution certifies that the absence was
    otherwise justified.
      (3) Upon approval of adjustment of status under paragraph (1) of
    an alien described in section 1101(a)(15)(U)(i) of this title the
    Secretary of Homeland Security may adjust the status of or issue an
    immigrant visa to a spouse, a child, or, in the case of an alien
    child, a parent who did not receive a nonimmigrant visa under
    section 1101(a)(15)(U)(ii) of this title if the Secretary considers
    the grant of such status or visa necessary to avoid extreme
    hardship.
      (4) Upon the approval of adjustment of status under paragraph (1)
    or (3), the Secretary of Homeland Security shall record the alien's
    lawful admission for permanent residence as of the date of such
    approval.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 245, 66 Stat. 217;
    Pub. L. 85-700, Sec. 1, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86-
    648, Sec. 10, July 14, 1960, 74 Stat. 505; Pub. L. 89-236, Sec.
    13, Oct. 3, 1965, 79 Stat. 918; Pub. L. 94-571, Sec. 6, Oct. 20,
    1976, 90 Stat. 2705; Pub. L. 97-116, Sec. 5(d)(2), Dec. 29, 1981,
    95 Stat. 1614; Pub. L. 99-603, title I, Sec. 117, title III, Sec.
    313(c), Nov. 6, 1986, 100 Stat. 3384, 3438; Pub. L. 99-639, Secs.
    2(e), 3(b), 5(a), Nov. 10, 1986, 100 Stat. 3542, 3543; Pub. L. 100-
    525, Secs. 2(f)(1), (p)(3), 7(b), Oct. 24, 1988, 102 Stat. 2611,
    2613, 2616; Pub. L. 101-649, title I, Secs. 121(b)(4), 162(e)(3),
    title VII, Sec. 702(a), Nov. 29, 1990, 104 Stat. 5011, 5086; Pub.
    L. 102-110, Sec. 2(c), Oct. 1, 1991, 105 Stat. 556; Pub. L. 102-
    232, title III, Secs. 302(d)(2), (e)(7), 308(a), Dec. 12, 1991,
    105 Stat. 1744, 1746, 1757; Pub. L. 103-317, title V, Sec. 506(b),
    Aug. 26, 1994, 108 Stat. 1765; Pub. L. 103-322, title XIII, Sec.
    130003(c), Sept. 13, 1994, 108 Stat. 2025; Pub. L. 103-416, title
    II, Sec. 219(k), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-132,
    title IV, Sec. 413(d), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104-
    208, div. C, title III, Secs. 308(f)(1)(O), (2)(C), (g)(10)(B),
    375, 376(a), title VI, Sec. 671(a)(4)(A), (5), Sept. 30, 1996, 110
    Stat. 3009-621, 3009-625, 3009-648, 3009-721; Pub. L. 105-119,
    title I, Secs. 110(3), 111(a), (c), Nov. 26, 1997, 111 Stat. 2458;
    Pub. L. 106-386, div. A, Sec. 107(f), div. B, title V, Secs.
    1506(a)(1), 1513(f), Oct. 28, 2000, 114 Stat. 1479, 1527, 1536;
    Pub. L. 106-553, Sec. 1(a)(2) [title XI, Secs. 1102(c), (d)(2),
    1103(c)(3)], Dec. 21, 2000, 114 Stat. 2762, 2762A-143 to 2762A-145;
    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1502], Dec.
    21, 2000, 114 Stat. 2763, 2763A-324; Pub. L. 108-193, Secs.
    4(b)(3), 8(a)(4), Dec. 19, 2003, 117 Stat. 2879, 2886; Pub. L. 109-
    162, title VIII, Sec. 803, Jan. 5, 2006, 119 Stat. 3054; Pub. L.
    109-271, Sec. 6(f), Aug. 12, 2006, 120 Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (p) of section 1184 of this title, referred to in
    subsec. (e)(3), was redesignated subsec. (r) of section 1184 by
    Pub. L. 108-193, Sec. 8(a)(3), Dec. 19, 2003, 117 Stat. 2886.
      Section 202 of the Immigration Reform and Control Act of 1986,
    referred to in subsec. (i)(1), is section 202 of Pub. L. 99-603,
    which is set out as a note under section 1255a of this title.
      Section 301 of the Immigration Act of 1990, referred to in
    subsec. (i)(1)(iii), is section 301 of Pub. L. 101-649, which is
    set out as a note under section 1255a of this title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-271, Sec. 6(f)(1), substituted
    "as a VAWA self-petitioner" for "under subparagraph (A)(iii),
    (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of this title
    or".
      Subsec. (c). Pub. L. 109-271, Sec. 6(f)(2), substituted "as a
    VAWA self-petitioner" for "under subparagraph (A)(iii), (A)(iv),
    (A)(v), (A)(vi), (B)(ii), (B)(iii), or (B)(iv) of section
    1154(a)(1) of this title".
      Subsec. (l)(1). Pub. L. 109-162, Sec. 803(a)(1)(A), substituted
    "Secretary of Homeland Security, or in the case of subparagraph
    (C)(i), the Attorney General," for "Attorney General" in two
    places.
      Subsec. (l)(1)(A), Pub. L. 109-162, Sec. 803(a)(1)(B), inserted
    at end "or has been physically present in the United States for a
    continuous period during the investigation or prosecution of acts
    of trafficking and that, in the opinion of the Attorney General,
    the investigation or prosecution is complete, whichever period of
    time is less;".
      Subsec. (l)(2). Pub. L. 109-162, Sec. 803(a)(2), substituted
    "Secretary of Homeland Security" for "Attorney General" in two
    places.
      Subsec. (l)(5). Pub. L. 109-162, Sec. 803(a)(3), substituted
    "Secretary of Homeland Security" for "Attorney General".
      Subsec. (m)(1). Pub. L. 109-162, Sec. 803(b)(1)(A), substituted
    "Secretary of Homeland Security may adjust" for "Attorney General
    may adjust" in introductory provisions.
       Subsec. (m)(1)(B). Pub. L. 109-162, Sec. 803(b)(1)(B),
    substituted "Secretary of Homeland Security" for "Attorney
    General".
      Subsec. (m)(3). Pub. L. 109-162, Sec. 803(b)(2), substituted
    "Secretary of Homeland Security may adjust" for "Attorney General
    may adjust" and "Secretary considers" for "Attorney General
    considers".
      Subsec. (m)(4). Pub. L. 109-162, Sec. 803(b)(3), substituted
    "Secretary of Homeland Security" for "Attorney General".
      2003 - Subsec. (l). Pub. L. 108-193, Sec. 8(a)(4)(B),
    redesignated subsec. (l), relating to adjustment of status for
    victims of crimes against women, as (m).
      Subsec. (l)(1). Pub. L. 108-193, Sec. 4(b)(3)(A), in concluding
    provisions, substituted "admitted under section 1101(a)(15)(T)(ii)
    of this title" for "admitted under that section" and inserted
    "sibling," after "parent,".
      Subsec. (l)(2). Pub. L. 108-193, Sec. 8(a)(4)(A), redesignated
    par. (2), relating to alien's maintenance of continuous physical
    presence, as (3).
      Subsec. (l)(3). Pub. L. 108-193, Sec. 8(a)(4)(A), redesignated
    par. (2), relating to alien's maintenance of continuous physical
    presence, as (3). Former par. (3) redesignated (4).
      Subsec. (l)(3)(B). Pub. L. 108-193, Sec. 4(b)(3)(B), inserted
    "siblings," after "daughters,".
      Subsec. (l)(4), (5). Pub. L. 108-193, Sec. 8(a)(4)(A),
    redesignated pars. (3) and (4) as (4) and (5), respectively.
      Subsec. (m). Pub. L. 108-193, Sec. 8(a)(4)(B), redesignated
    subsec. (l), relating to adjustment of status for victims of crimes
    against women, as (m).
      2000 - Subsec. (a). Pub. L. 106-386, Sec. 1506(a)(1)(A), which
    directed the insertion of "or the status of any other alien having
    an approved petition for classification under subparagraph
    (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 1154(a)(1) of
    this title or" after "into the United States.", was executed by
    making the insertion after "into the United States" to reflect the
    probable intent of Congress.
      Subsec. (c). Pub. L. 106-386, Sec. 1506(a)(1)(B), substituted
    "Other than an alien having an approved petition for classification
    under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), (B)(ii),
    (B)(iii), or (B)(iv) of section 1154(a)(1) of this title,
    subsection (a) of this section shall not be applicable to" for
    "Subsection (a) of this section shall not be applicable to".
      Subsec. (d). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
    Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)"
    in two places.
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1103(c)(3)(A)],
    struck out "(relating to an alien fiancee or fiance or the minor
    child of such alien)" before "except to that of an alien".
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
    substituted "under subsection (a) or (m) of this section," for
    "under subsection (a) of this section," in two places.
      Subsec. (e)(1). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
    Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)".
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(B)],
    substituted "subsection (a) or (m)" for "subsection (a)".
      Subsec. (e)(3). Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec.
    1103(c)(3)(B)], substituted "section 1154(a) of this title or
    subsection (d) or (p) of section 1184 of this title" for "section
    1154(a) or 1184(d) of this title".
      Subsec. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
    Sec. 1502(b)(2)], struck out "or (m)" after "under subsection (a)".
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(d)(2)(A)],
    substituted "under subsection (a) or (m) of this section," for
    "under subsection (a) of this section,".
      Subsec. (i)(1)(B)(i). Pub. L. 106-554, Sec. 1(a)(4) [div. B,
    title XV, Sec. 1502(a)(1)(B)], substituted "April 30, 2001" for
    "January 14, 1998".
      Subsec. (i)(1)(C). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XV, Sec. 1502(a)(1)(A), (C), (D)], added subpar. (C).
      Subsec. (i)(3)(B). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title
    XV, Sec. 1502(a)(2)], inserted before period at end ", except that
    in the case of fees attributable to applications for a beneficiary
    with respect to whom a petition for classification, or an
    application for labor certification, described in paragraph (1)(B)
    was filed after January 14, 1998, one-half of such remaining
    portion shall be deposited by the Attorney General into the
    Immigration Examinations Fee Account established under section
    1356(m) of this title".
      Subsec. (l). Pub. L. 106-386, Sec. 1513(f), added subsec. (l)
    relating to adjustment of status for victims of crimes against
    women.
      Pub. L. 106-386, Sec. 107(f), added subsec. (l) relating to
    adjustment of status for victims of trafficking.
      Subsec. (m). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV,
    Sec. 1502(b)(1)], struck out subsec. (m), which related to
    adjustment of status of nonimmigrant described in section
    1101(a)(15)(V) of this title who was determined to have been
    physically present in the United States at any time during period
    beginning July 1, 2000, and ending Oct. 1, 2000.
      Pub. L. 106-553, Sec. 1(a)(2) [title XI, Sec. 1102(c)], added
    subsec. (m).
      1997 - Subsec. (c)(2). Pub. L. 105-119, Sec. 111(c)(1),
    substituted "(2) subject to subsection (k) of this section, an
    alien (other than" for "(2) an alien (other than".
      Subsec. (i)(1). Pub. L. 105-119, Sec. 111(a), substituted first
    sentence for prior first sentence which read as follows:
    "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."
      Subsec. (i)(3)(B). Pub. L. 105-119, Sec. 110(3), substituted
    "Breached Bond/Detention Fund established under section 1356(r) of
    this title" for "Immigration Detention Account established under
    section 1356(s) of this title".
      Subsec. (k). Pub. L. 105-119, Sec. 111(c)(2), added subsec. (k).
      1996 - Subsec. (c)(6). Pub. L. 104-208, Sec. 308(g)(10)(B),
    substituted "section 1227(a)(4)(B)" for "section 1251(a)(4)(B)".
      Pub. L. 104-132 added cl. (6).
      Subsec. (c)(7), (8). Pub. L. 104-208, Sec. 375, added cls. (7)
    and (8).
      Subsec. (e)(2). Pub. L. 104-208, Sec. 308(f)(2)(C), substituted
    "be admitted" for "enter".
      Subsec. (e)(3). Pub. L. 104-208, Sec. 308(f)(1)(O), substituted
    "admission" for "entry".
      Subsec. (i). Pub. L. 104-208, Sec. 671(a)(4)(A), redesignated
    subsec. (i), relating to adjustment to permanent resident status,
    as (j).
      Subsec. (i)(1). Pub. L. 104-208, Sec. 376(a)(1), substituted
    "$1,000" for "five times the fee required for the processing of
    applications under this section".
      Subsec. (i)(3). Pub. L. 104-208, Sec. 376(a)(2), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "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."
      Subsec. (j). Pub. L. 104-208, Sec. 671(a)(4)(A), redesignated
    subsec. (i), relating to adjustment to permanent resident status,
    as (j).
      Subsec. (j)(3). Pub. L. 104-208, Sec. 671(a)(5), substituted
    "paragraph (1) or (2)" for "paragraphs (1) or (2)".
      1994 - Subsec. (c)(5). Pub. L. 103-322, Sec. 130003(c)(2), added
    cl. (5).
      Subsec. (h)(2)(B). Pub. L. 103-416 substituted "and (3)(E)" for
    "or (3)(E)".
      Subsec. (i). Pub. L. 103-322, Sec. 130003(c)(1), added subsec.
    (i) relating to adjustment to permanent resident status.
      Pub. L. 103-317, Sec. 506(b), added subsec. (i) relating to
    adjustment in status of certain aliens physically present in United
    States.
      1991 - Subsec. (b). Pub. L. 102-232, Sec. 302(e)(7), substituted
    "sections 1152 and 1153" for "sections 1151(a)" and "for the fiscal
    year then current" for "for the succeeding fiscal year".
      Subsec. (c)(2). Pub. L. 102-232, Sec. 302(d)(2)(A), inserted
    "(J)," after "(I),".
      Pub. L. 102-110, Sec. 2(c)(1), substituted ", (I), or (K)" for
    "or (I)".
      Subsec. (e)(3). Pub. L. 102-232, Sec. 308(a), substituted
    "section 1154(g)" for "section 1154(h)".
      Subsec. (g). Pub. L. 102-110, Sec. 2(c)(2), added subsec. (g).
      Subsec. (h). Pub. L. 102-232, Sec. 302(d)(2)(B), added subsec.
    (h).
      1990 - Subsec. (b). Pub. L. 101-649, Sec. 162(e)(3), struck out
    "or nonpreference" after "number of the preference" and substituted
    "1151(a)" for "1152(e) or 1153(a)" and "succeeding fiscal year" for
    "fiscal year then current".
      Subsec. (e)(1). Pub. L. 101-649, Sec. 702(a)(1), substituted
    "Except as provided in paragraph (3), an alien" for "An alien".
      Subsec. (e)(3). Pub. L. 101-649, Sec. 702(a)(2), added par. (3).
      Subsec. (f). Pub. L. 101-649, Sec. 121(b)(4), added subsec. (f).
      1988 - Subsec. (c)(2). Pub. L. 100-525, Sec. 2(f)(1), substituted
    "1101(a)(27)(H) or (I)" for "1101(a)(27)(H)", inserted "or" after
    "no fault of his own", and substituted "in unlawful" for "not in
    legal" and "lawful status" for "legal status".
      Subsec. (c)(4). Pub. L. 100-525, Sec. 2(p)(3), made technical
    correction to Pub. L. 99-603, Sec. 313(c). See 1986 Amendment note
    below.
      Subsec. (d). Pub. L. 100-525, Sec. 7(b), amended Pub. L. 99-639,
    Sec. 3(b). See 1986 Amendment note below.
      1986 - Subsec. (c). Pub. L. 99-639, Sec. 5(a)(1), substituted
    "Subsection (a) of this section" for "The provisions of this
    section".
      Subsec. (c)(2). Pub. L. 99-603, Sec. 117, inserted "or who is not
    in legal immigration status on the date of filing the application
    for adjustment or who has failed (other than through no fault of
    his own for technical reasons) to maintain continuously a legal
    status since entry into the United States".
      Subsec. (c)(4). Pub. L. 99-603, Sec. 313(c), as amended by Pub.
    L. 100-525, Sec. 2(p)(3), added cl. (4).
      Subsec. (d). Pub. L. 99-639, Sec. 3(b), as amended by Pub. L. 100-
    525, Sec. 7(b), inserted "The Attorney General may not adjust,
    under subsection (a) of this section, the status of a nonimmigrant
    alien described in section 1101(a)(15)(K) of this title (relating
    to an alien fiancee or fiance or the minor child of such alien)
    except to that of an alien lawfully admitted to the United States
    on a conditional basis under section 1186a of this title as a
    result of the marriage of the nonimmigrant (or, in the case of a
    minor child, the parent) to the citizen who filed the petition to
    accord that alien's nonimmigrant status under section
    1101(a)(15)(K) of this title."
      Pub. L. 99-639, Sec. 2(e), added subsec. (d).
      Subsec. (e). Pub. L. 99-639, Sec. 5(a)(2), added subsec. (e).
      1981 - Subsec. (c)(2). Pub. L. 97-116 inserted "or a special
    immigrant described in section 1101(a)(27)(H) of this title" after
    "section 1151(b) of this title".
      1976 - Subsec. (a). Pub. L. 94-571 struck out ", other than alien
    crewman," after "status of an alien" and substituted "filed" for
    "approved".
      Subsec. (b). Pub. L. 94-571 inserted reference to section 1152(e)
    of this title and struck out comma after "chargeable".
      Subsec. (c). Pub. L. 94-571 substituted provision making the
    section inapplicable to alien crewmen, aliens continuing or
    accepting unauthorized employment, and aliens admitted in transit
    without visa for provision making the section inapplicable to
    natives of contiguous country or adjacent island.
      1965 - Subsec. (b). Pub. L. 89-236, Sec. 13(a), struck out
    reference to quota area to which the alien is chargeable under
    section 1152 of this title and substituted reference to number of
    preference or nonpreference visas authorized to be issued under
    section 1153(a) of this title within the class to which the alien
    is chargeable.
      Subsec. (c). Pub. L. 89-236, Sec. 13(b), substituted "any country
    of the Western Hemisphere" for "any country contiguous to the
    United States".
      1960 - Subsec. (a). Pub. L. 86-648 substituted "alien, other than
    an alien crewman, who was inspected and admitted or paroled into
    the United States" for "alien who was admitted to the United States
    as a bona fide nonimmigrant", struck out former cl. (3) which read
    "an immigrant visa was immediately available to him at the time of
    his application", redesignated cl. (4) as (3), and struck out
    concluding sentence which read as follows: "A quota immigrant visa
    shall be considered immediately available for the purposes of this
    subsection only if the portion of the quota to which the alien is
    chargeable is undersubscribed by applicants registered on a
    consular waiting list."
      1958 - Pub. L. 85-700 among other changes, substituted provisions
    allowing adjustment of status of alien who was admitted as a bona
    fide nonimmigrant to that of an alien lawfully admitted for
    permanent residence, for provisions allowing adjustment of status
    of alien who was lawfully admitted as a bona fide nonimmigrant and
    continued to maintain that status, to that of a permanent resident
    either as a quota immigrant or as a nonquota immigrant claiming
    nonquota status as the spouse or child of a citizen under certain
    specified conditions, by striking out provision terminating
    nonimmigrant quota status of alien who files application for
    adjustment of status, and by adding subsec. (c).

                     EFFECTIVE DATE OF 2000 AMENDMENTS                 
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1506], Dec.
    21, 2000, 114 Stat. 2763, 2763A-328, provided that: "This title
    [amending this section, enacting provisions set out as notes under
    this section, and amending provisions set out as notes under this
    section and section 1101 of this title] shall take effect as if
    included in the enactment of the Legal Immigration Family Equity
    Act [see Short Title of 2000 Amendments note set out under section
    1101 of this title]."
      Amendment by section 1(a)(2) [title XI, Sec. 1102(c), (d)(2)] of
    Pub. L. 106-553 effective Dec. 21, 2000, and applicable to an alien
    who is the beneficiary of a classification petition filed under
    section 1154 of this title on or before Dec. 21, 2000, see section
    1(a)(2) [title XI, Sec. 1102(e)] of Pub. L. 106-553, set out as a
    note under section 1101 of this title.
      Amendment by section 1(a)(2) [title XI, Sec. 1103(c)(3)] of Pub.
    L. 106-553 effective Dec. 21, 2000, and applicable to an alien who
    is the beneficiary of a classification petition filed under section
    1154 of this title before, on, or after Dec. 21, 2000, see section
    1(a)(2) [title XI, Sec. 1103(d)] of Pub. L. 106-553, set out as a
    note under section 1101 of this title.
      Pub. L. 106-386, div. B, title V, Sec. 1506(a)(2), Oct. 28, 2000,
    114 Stat. 1527, provided that: "The amendments made by paragraph
    (1) [amending this section] shall apply to applications for
    adjustment of status pending on or made on or after January 14,
    1998."

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by section 308(f)(1)(O), (2)(C), (g)(10)(B) of Pub. L.
    104-208 effective, with certain transitional provisions, on the
    first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Section 376(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section and section
    1356 of this title] shall apply to applications made on or after
    the end of the 90-day period beginning on the date of the enactment
    of this Act [Sept. 30, 1996]."
      Amendment by section 671(a)(4)(A), (5) of Pub. L. 104-208
    effective as if included in the enactment of the Violent Crime
    Control and Law Enforcement Act of 1994, Pub. L. 103-322, see
    section 671(a)(7) of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Amendment by Pub. L. 104-132 effective Apr. 24, 1996, and
    applicable to applications filed before, on, or after such date if
    final action not yet taken on them before such date see section
    413(g) of Pub. L. 104-132, set out as a note under section 1253 of
    this title.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.
      Amendment by Pub. L. 103-317 effective Oct. 1, 1994, see section
    506(c) of Pub. L. 103-317, as amended, set out as an Effective and
    Termination Dates of 1994 Amendment note under section 1182 of this
    title.

                     EFFECTIVE DATE OF 1991 AMENDMENTS                 
      Amendment by section 302(d)(2), (e)(7) of Pub. L. 102-232
    effective as if included in the enactment of the Immigration Act of
    1990, Pub. L. 101-649, see section 310(1) of Pub. L. 102-232, set
    out as a note under section 1101 of this title.
      Section 308(a) of Pub. L. 102-232 provided that the amendment
    made by that section is effective Oct. 1, 1991.
      Amendment by Pub. L. 102-110 effective 60 days after Oct. 1,
    1991, see section 2(d) of Pub. L. 102-110, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by sections 121(b)(4), 162(e)(3) of Pub. L. 101-649
    effective Oct. 1, 1991, and applicable beginning with fiscal year
    1992, see section 161(a) of Pub. L. 101-649, set out as a note
    under section 1101 of this title.
      Amendment by section 702(a) of Pub. L. 101-649 applicable to
    marriages entered into before, on, or after Nov. 29, 1990, see
    section 702(c) of Pub. L. 101-649, set out as a note under section
    1154 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 2(f)(2) of Pub. L. 100-525 provided that: "The amendments
    made by paragraph (1) [amending this section] and by section 117 of
    IRCA [section 117 of Pub. L. 99-603, amending this section] shall
    apply to applications for adjustment of status filed on or after
    November 6, 1986."
      Amendment by section 2(f)(1), (p)(3) of Pub. L. 100-525 effective
    as if included in enactment of Immigration Reform and Control Act
    of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set
    out as a note under section 1101 of this title.
      Amendment by section 7(b) of Pub. L. 100-525 effective as if
    included in enactment of Immigration Marriage Fraud Amendments of
    1986, Pub. L. 99-639, see section 7(d) of Pub. L. 100-525, set out
    as a note under section 1182 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 3(d)(2) of Pub. L. 99-639 provided that: "The amendment
    made by subsection (b) [amending this section] shall apply to
    adjustments occurring on or after the date of the enactment of this
    Act [Nov. 10, 1986]."
      Amendment by section 5(a) of Pub. L. 99-639 applicable to
    marriages entered into on or after Nov. 10, 1986, see section 5(c)
    of Pub. L. 99-639, set out as a note under section 1154 of this
    title.
      Amendment by section 117 of Pub. L. 99-603 applicable to
    applications for adjustment of status filed on or after Nov. 6,
    1986, see section 2(f)(2) of Pub. L. 100-525, set out as an
    Effective Date of 1988 Amendment note above.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-571 effective on first day of first month
    which begins more than sixty days after Oct. 20, 1976, see section
    10 of Pub. L. 94-571, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                        PERMITTING MOTION TO REOPEN                    
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec.
    1505(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-326, provided
    that: "Notwithstanding any time and number limitations imposed by
    law on motions to reopen exclusion, removal, or deportation
    proceedings (except limitations premised on an alien's conviction
    of an aggravated felony (as defined by section 101(a) of the
    Immigration and Nationality Act [8 U.S.C. 1101(a)])), a national of
    Cuba or Nicaragua who has become eligible for adjustment of status
    under the Nicaraguan Adjustment and Central American Relief Act
    [see Short Title of 1997 Amendments note set out under section 1101
    of this title] as a result of the amendments made by paragraph (1)
    [amending section 202 of Pub. L. 105-100, set out below], may file
    one motion to reopen exclusion, deportation, or removal proceedings
    to apply for such adjustment under that Act. The scope of any
    proceeding reopened on this basis shall be limited to a
    determination of the alien's eligibility for adjustment of status
    under that Act. All such motions shall be filed within 180 days of
    the date of the enactment of this Act [Dec. 21, 2000]."
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec.
    1505(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-327, provided
    that: "Notwithstanding any time and number limitations imposed by
    law on motions to reopen exclusion, removal, or deportation
    proceedings (except limitations premised on an alien's conviction
    of an aggravated felony (as defined by section 101(a) of the
    Immigration and Nationality Act [8 U.S.C. 1101(a)])), a national of
    Haiti who has become eligible for adjustment of status under the
    Haitian Refugee Immigration Fairness Act of 1998 [see Short Title
    of 1998 Amendments note set out under section 1101 of this title]
    as a result of the amendments made by paragraph (1) [amending
    section 902 of section 101(h) of div. A of Pub. L. 105-277, set out
    below], may file one motion to reopen exclusion, deportation, or
    removal proceedings to apply for such adjustment under that Act.
    The scope of any proceeding reopened on this basis shall be limited
    to a determination of the alien's eligibility for adjustment of
    status under that Act. All such motions shall be filed within 180
    days of the date of the enactment of this Act [Dec. 21, 2000]."

          ADJUSTMENT OF STATUS OF CERTAIN JEWISH SYRIAN NATIONALS      
      Pub. L. 106-378, Oct. 27, 2000, 114 Stat. 1442, provided for
    adjustment of status from asylee to lawful permanent residence of
    not more than 2,000 persons, who must be either (1) Jewish
    nationals of Syria, who arrived in the United States after Dec. 31,
    1991, after being permitted by the Syrian Government to depart from
    Syria, and were physically present in the United States at the time
    of filing the application for adjustment of status, or (2) who were
    the spouse, child, or unmarried son or daughter of such an alien
    provided that any such eligible person either applied for such
    adjustment of status not later than 1 year after Oct. 27, 2000, or
    applied for adjustment of status under this chapter before Oct. 27,
    2000, had been physically present in the United States for at least
    1 year after being granted asylum; was not firmly resettled in any
    foreign country; and was admissible as an immigrant under this
    chapter at the time of examination for adjustment of such alien.

             ADJUSTMENT OF STATUS OF CERTAIN HAITIAN NATIONALS         
      Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 902], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-538; as amended by Pub. L. 106-
    386, div. B, title V, Sec. 1511(a), Oct. 28, 2000, 114 Stat. 1532;
    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XV, Sec. 1505(b)(1)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-326; Pub. L. 109-162, title
    VIII, Sec. 824(a), Jan. 5, 2006, 119 Stat. 3063, provided that:
      "(a) Adjustment of Status. - 
        "(1) In general. - The status of any alien described in
      subsection (b) shall be adjusted by the Attorney General to that
      of an alien lawfully admitted for permanent residence, if the
      alien - 
          "(A) applies for such adjustment before April 1, 2000; and
          "(B) is otherwise admissible to the United States for
        permanent residence, except that, in determining such
        admissibility, the grounds for inadmissibility specified in
        paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
        212(a) of the Immigration and Nationality Act [8 U.S.C.
        1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
        "(2) Inapplicability of certain provisions. - In the case of an
      alien described in subsection (b) or (d) who is applying for
      adjustment of status under this section - 
          "(A) the provisions of section 241(a)(5) of the Immigration
        and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
          "(B) the Attorney General may grant the alien a waiver on the
        grounds of inadmissibility under subparagraphs (A) and (C) of
        section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
      In granting waivers under subparagraph (B), the Attorney General
      shall use standards used in granting consent under subparagraphs
      (A)(iii) and (C)(ii) of such section 212(a)(9).
        "(3) Relationship of application to certain orders. - An alien
      present in the United States who has been ordered excluded,
      deported, removed, or ordered to depart voluntarily from the
      United States under any provision of the Immigration and
      Nationality Act [8 U.S.C. 1101 et seq.] may, notwithstanding such
      order, apply for adjustment of status under paragraph (1). Such
      an alien may not be required, as a condition on submitting or
      granting such application, to file a separate motion to reopen,
      reconsider, or vacate such order. If the Attorney General grants
      the application, the Attorney General shall cancel the order. If
      the Attorney General makes a final decision to deny the
      application, the order shall be effective and enforceable to the
      same extent as if the application had not been made.
      "(b) Aliens Eligible for Adjustment of Status. - The benefits
    provided by subsection (a) shall apply to any alien who is a
    national of Haiti who - 
        "(1) was present in the United States on December 31, 1995, who
      - 
          "(A) filed for asylum before December 31, 1995,
          "(B) was paroled into the United States prior to December 31,
        1995, after having been identified as having a credible fear of
        persecution, or paroled for emergent reasons or reasons deemed
        strictly in the public interest, or
          "(C) was a child (as defined in the text above subparagraph
        (A) of section 101(b)(1) of the Immigration and Nationality Act
        (8 U.S.C. 1101(b)(1)) at the time of arrival in the United
        States and on December 31, 1995, and who - 
            "(i) arrived in the United States without parents in the
          United States and has remained without parents in the United
          States since such arrival,
            "(ii) became orphaned subsequent to arrival in the United
          States, or
            "(iii) was abandoned by parents or guardians prior to April
          1, 1998 and has remained abandoned since such abandonment;
          and
        "(2) has been physically present in the United States for a
      continuous period beginning not later than December 31, 1995, and
      ending not earlier than the date the application for such
      adjustment is filed, except that an alien shall not be considered
      to have failed to maintain continuous physical presence by reason
      of an absence, or absences, from the United States for any period
      or periods amounting in the aggregate to not more than 180 days.
      "(c) Stay of Removal. - 
        "(1) In general. - The Attorney General shall provide by
      regulation for an alien who is subject to a final order of
      deportation or removal or exclusion to seek a stay of such order
      based on the filing of an application under subsection (a).
        "(2) During certain proceedings. - Notwithstanding any
      provision of the Immigration and Nationality Act [8 U.S.C. 1101
      et seq.], the Attorney General shall not order any alien to be
      removed from the United States, if the alien is in exclusion,
      deportation, or removal proceedings under any provision of such
      Act and has applied for adjustment of status under subsection
      (a), except where the Attorney General has made a final
      determination to deny the application.
        "(3) Work authorization. - The Attorney General may authorize
      an alien who has applied for adjustment of status under
      subsection (a) to engage in employment in the United States
      during the pendency of such application and may provide the alien
      with an 'employment authorized' endorsement or other appropriate
      document signifying authorization of employment, except that if
      such application is pending for a period exceeding 180 days, and
      has not been denied, the Attorney General shall authorize such
      employment.
      "(d) Adjustment of Status for Spouses and Children. - 
        "(1) In general. - The status of an alien shall be adjusted by
      the Attorney General to that of an alien lawfully admitted for
      permanent residence, if - 
          "(A) the alien is a national of Haiti;
          "(B)(i) the alien is the spouse, child, or unmarried son or
        daughter of an alien who is or was eligible for classification
        under subsection (a), except that, in the case of such an
        unmarried son or daughter, the son or daughter shall be
        required to establish that the son or daughter has been
        physically present in the United States for a continuous period
        beginning not later than December 1, 1995, and ending not
        earlier than the date on which the application for such
        adjustment is filed;
          "(ii) at the time of filing of the application for adjustment
        under subsection (a), the alien is the spouse or child of an
        alien who is or was eligible for classification under
        subsection (a) and the spouse, child, or child of the spouse
        has been battered or subjected to extreme cruelty by the
        individual described in subsection (a); and
          "(iii) in acting on applications under this section with
        respect to spouses or children who have been battered or
        subjected to extreme cruelty, the Attorney General shall apply
        the provisions of section 204(a)(1)(J) [8 U.S.C.
        1154(a)(1)(J)].
          "(C) the alien applies for such adjustment and is physically
        present in the United States on the date the application is
        filed; and
          "(D) the alien is otherwise admissible to the United States
        for permanent residence, except that, in determining such
        admissibility, the grounds for inadmissibility specified in
        paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
        212(a) of the Immigration and Nationality Act [8 U.S.C.
        1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply.
        "(2) Proof of continuous presence. - For purposes of
      establishing the period of continuous physical presence referred
      to in paragraph (1)(B), an alien shall not be considered to have
      failed to maintain continuous physical presence by reason of an
      absence, or absences, from the United States for any period or
      periods amounting in the aggregate to not more than 180 days.
      "(e) Availability of Administrative Review. - The Attorney
    General shall provide to applicants for adjustment of status under
    subsection (a) the same right to, and procedures for,
    administrative review as are provided to - 
        "(1) applicants for adjustment of status under section 245 of
      the Immigration and Nationality Act [8 U.S.C. 1255]; or
        "(2) aliens subject to removal proceedings under section 240 of
      such Act [8 U.S.C. 1229a].
      "(f) Limitation on Judicial Review. - A determination by the
    Attorney General as to whether the status of any alien should be
    adjusted under this section is final and shall not be subject to
    review by any court.
      "(g) No Offset in Number of Visas Available. - When an alien is
    granted the status of having been lawfully admitted for permanent
    resident pursuant to this section, the Secretary of State shall not
    be required to reduce the number of immigrant visas authorized to
    be issued under any provision of the Immigration and Nationality
    Act [8 U.S.C. 1101 et seq.].
      "(h) Application of Immigration and Nationality Act Provisions. -
    Except as otherwise specifically provided in this title [section
    101(h) [title IX] of Pub. L. 105-277, enacting sections 1377 and
    1378 of this title and provisions set out as a note under section
    1101 of this title], the definitions contained in the Immigration
    and Nationality Act [8 U.S.C. 1101 et seq.] shall apply in the
    administration of this section. Nothing contained in this title
    shall be held to repeal, amend, alter, modify, effect, or restrict
    the powers, duties, functions, or authority of the Attorney General
    in the administration and enforcement of such Act or any other law
    relating to immigration, nationality, or naturalization. The fact
    that an alien may be eligible to be granted the status of having
    been lawfully admitted for permanent residence under this section
    shall not preclude the alien from seeking such status under any
    other provision of law for which the alien may be eligible.
      "(i) Adjustment of Status Has No Effect On Eligibility For
    Welfare and Public Benefits. - No alien whose status has been
    adjusted in accordance with this section and who was not a
    qualified alien on the date of enactment of this Act [Oct. 21,
    1998] may, solely on the basis of such adjusted status, be
    considered to be a qualified alien under section 431(b) of the
    Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 (8 U.S.C. 1641(b)), as amended by section 5302 of the Balanced
    Budget Act of 1997 (Public Law 105-33; 111 Stat. 598), for purposes
    of determining the alien's eligibility for supplemental security
    income benefits under title XVI of the Social Security Act (42
    U.S.C. 1381 et seq.) or medical assistance under title XIX of such
    Act (42 U.S.C. 1396 et seq.).
      "(j) Period of Applicability. - Subsection (i) shall not apply
    after October 1, 2003.
      "(k) Not later than 6 months after the date of the enactment of
    this Act [Oct. 21, 1998], and every 6 months thereafter (until all
    applications for adjustment of status under this section have been
    finally adjudicated), the Comptroller General of the United States
    shall submit to the Committees on the Judiciary and the Committees
    on Appropriations of the United States House of Representatives and
    the United States Senate a report containing the following:
        "(1)(A) The number of aliens who applied for adjustment of
      status under subsection (a), including a breakdown specifying the
      number of such applicants who are described in subparagraph (A),
      (B), or (C) of subsection (b)(1), respectively.
        "(B) The number of aliens described in subparagraph (A) whose
      status was adjusted under this section, including a breakdown
      described in the subparagraph.
        "(2)(A) The number of aliens who applied for adjustment of
      status under subsection (d), including a breakdown specifying the
      number of such applicants who are sponsors, children, or
      unmarried sons or daughters described in such subsection,
      respectively.
        "(B) The number of aliens described in subparagraph (A) whose
      status was adjusted under this section, including a breakdown
      described in the subparagraph."
      [Pub. L. 109-162, title VIII, Sec. 824(b), Jan. 5, 2006, 119
    Stat. 3063, provided that: "The amendment made by subsection (a)(3)
    [amending section 101(h) [title IX, Sec. 902] of div. A of Pub. L.
    105-277, set out above] shall take effect as if included in the
    enactment of the Violence Against Women Act of 2000 (division B of
    Public Law 106-386; 114 Stat. 1491)."]
      [Pub. L. 106-386, div. B, title V, Sec. 1511(b), Oct. 28, 2000,
    114 Stat. 1533, provided that: "The amendment made by subsection
    (a) [amending section 101(h) [title IX, Sec. 902] of div. A of Pub.
    L. 105-277, set out above] shall be effective as if included in the
    Haitian Refugee Immigration Fairness Act of 1998 (division A of
    section 101(h) of Public Law 105-277; 112 Stat. 2681-538)."]

          ADJUSTMENT OF STATUS OF CERTAIN NICARAGUANS AND CUBANS      
      Pub. L. 105-100, title II, Sec. 202, Nov. 19, 1997, 111 Stat.
    2193, as amended by Pub. L. 105-139, Sec. 1(a), (b), Dec. 2, 1997,
    111 Stat. 2644; Pub. L. 106-386, div. B, title V, Sec. 1510(a),
    Oct. 28, 2000, 114 Stat. 1531; Pub. L. 106-554, Sec. 1(a)(4) [div.
    B, title XV, Sec. 1505(a)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
    326; Pub. L. 109-162, title VIII, Sec. 815(a), (b), Jan. 5, 2006,
    119 Stat. 3060, provided that:
      "(a) Adjustment of Status. - 
        "(1) In general. - The status of any alien described in
      subsection (b) shall be adjusted by the Attorney General to that
      of an alien lawfully admitted for permanent residence, if the
      alien - 
          "(A) applies for such adjustment before April 1, 2000; and
          "(B) is otherwise admissible to the United States for
        permanent residence, except in determining such admissibility
        the grounds for inadmissibility specified in paragraphs (4),
        (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
        Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5),
        (6)(A), (7)(A), (9)(B)] shall not apply.
        "(2) Rules in applying certain provisions. - In the case of an
      alien described in subsection (b) or (d) who is applying for
      adjustment of status under this section - 
          "(A) the provisions of section 241(a)(5) of the Immigration
        and Nationality Act [8 U.S.C. 1231(a)(5)] shall not apply; and
          "(B) the Attorney General may grant the alien a waiver on the
        grounds of inadmissibility under subparagraphs (A) and (C) of
        section 212(a)(9) of such Act [8 U.S.C. 1182(a)(9)].
      In granting waivers under subparagraph (B), the Attorney General
      shall use standards used in granting consent under subparagraphs
      (A)(iii) and (C)(ii) of such section 212(a)(9).
        "(3) Relationship of application to certain orders. - An alien
      present in the United States who has been ordered excluded,
      deported, removed, or ordered to depart voluntarily from the
      United States under any provision of the Immigration and
      Nationality Act [8 U.S.C. 1101 et seq.] may, notwithstanding such
      order, apply for adjustment of status under paragraph (1). Such
      an alien may not be required, as a condition of submitting or
      granting such application, to file a separate motion to reopen,
      reconsider, or vacate such order. If the Attorney General grants
      the application, the Attorney General shall cancel the order. If
      the Attorney General renders a final administrative decision to
      deny the application, the order shall be effective and
      enforceable to the same extent as if the application had not been
      made.
      "(b) Aliens Eligible for Adjustment of Status. - 
        "(1) In general. - The benefits provided by subsection (a)
      shall apply to any alien who is a national of Nicaragua or Cuba
      and who has been physically present in the United States for a
      continuous period, beginning not later than December 1, 1995, and
      ending not earlier than the date the application for adjustment
      under such subsection is filed, except an alien shall not be
      considered to have failed to maintain continuous physical
      presence by reason of an absence, or absences, from the United
      States for any periods in the aggregate not exceeding 180 days.
        "(2) Proof of commencement of continuous presence. - For
      purposes of establishing that the period of continuous physical
      presence referred to in paragraph (1) commenced not later than
      December 1, 1995, an alien - 
          "(A) shall demonstrate that the alien, prior to December 1,
        1995 - 
            "(i) applied to the Attorney General for asylum;
            "(ii) was issued an order to show cause under section 242
          or 242B of the Immigration and Nationality Act [8 U.S.C.
          1252, former 1252b] (as in effect prior to April 1, 1997);
            "(iii) was placed in exclusion proceedings under section
          236 of such Act [8 U.S.C. 1226] (as so in effect);
            "(iv) applied for adjustment of status under section 245 of
          such Act [8 U.S.C. 1255];
            "(v) applied to the Attorney General for employment
          authorization;
            "(vi) performed service, or engaged in a trade or business,
          within the United States which is evidenced by records
          maintained by the Commissioner of Social Security; or
            "(vii) applied for any other benefit under the Immigration
          and Nationality Act [8 U.S.C. 1101 et seq.] by means of an
          application establishing the alien's presence in the United
          States prior to December 1, 1995; or
          "(B) shall make such other demonstration of physical presence
        as the Attorney General may provide for by regulation.
      "(c) Stay of Removal; Work Authorization. - 
        "(1) In general. - The Attorney General shall provide by
      regulation for an alien subject to a final order of deportation
      or removal to seek a stay of such order based on the filing of an
      application under subsection (a).
        "(2) During certain proceedings. - Notwithstanding any
      provision of the Immigration and Nationality Act [8 U.S.C. 1101
      et seq.], the Attorney General shall not order any alien to be
      removed from the United States, if the alien is in exclusion,
      deportation, or removal proceedings under any provision of such
      Act and has applied for adjustment of status under subsection
      (a), except where the Attorney General has rendered a final
      administrative determination to deny the application.
        "(3) Work authorization. - The Attorney General may authorize
      an alien who has applied for adjustment of status under
      subsection (a) to engage in employment in the United States
      during the pendency of such application and may provide the alien
      with an 'employment authorized' endorsement or other appropriate
      document signifying authorization of employment, except that if
      such application is pending for a period exceeding 180 days, and
      has not been denied, the Attorney General shall authorize such
      employment.
      "(d) Adjustment of Status for Spouses and Children. - 
        "(1) In general. - The status of an alien shall be adjusted by
      the Attorney General to that of an alien lawfully admitted for
      permanent residence, if - 
          "(A) the alien is a national of Nicaragua or Cuba;
          "(B) the alien - 
            "(i) is the spouse, child, or unmarried son or daughter of
          an alien whose status is adjusted to that of an alien
          lawfully admitted for permanent residence under subsection
          (a), except that in the case of such an unmarried son or
          daughter, the son or daughter shall be required to establish
          that the son or daughter has been physically present in the
          United States for a continuous period beginning not later
          than December 1, 1995, and ending not earlier than the date
          on which the application for adjustment under this subsection
          is filed; or
            "(ii) was, at the time at which an alien filed for
          adjustment under subsection (a), the spouse or child of an
          alien whose status is adjusted, or was eligible for
          adjustment, to that of an alien lawfully admitted for
          permanent residence under subsection (a), and the spouse,
          child, or child of the spouse has been battered or subjected
          to extreme cruelty by the alien that filed for adjustment
          under subsection (a);
          "(C) the alien applies for such adjustment and is physically
        present in the United States on the date the application is
        filed;
          "(D) the alien is otherwise admissible to the United States
        for permanent residence, except in determining such
        admissibility the grounds for inadmissibility specified in
        paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section
        212(a) of the Immigration and Nationality Act [8 U.S.C.
        1182(a)(4), (5), (6)(A), (7)(A), (9)(B)] shall not apply; and
          "(E) applies for such adjustment before April 1, 2000, or, in
        the case of an alien who qualifies under subparagraph (B)(ii),
        applies for such adjustment during the 18-month period
        beginning on the date of enactment of the Violence Against
        Women and Department of Justice Reauthorization Act of 2005
        [Jan. 5, 2006].
        "(2) Proof of continuous presence. - For purposes of
      establishing the period of continuous physical presence referred
      to in paragraph (1)(B), an alien - 
          "(A) shall demonstrate that such period commenced not later
        than December 1, 1995, in a manner consistent with subsection
        (b)(2); and
          "(B) shall not be considered to have failed to maintain
        continuous physical presence by reason of an absence, or
        absences, from the United States for any period in the
        aggregate not exceeding 180 days.
        "(3) Procedure. - In acting on an application under this
      section with respect to a spouse or child who has been battered
      or subjected to extreme cruelty, the Attorney General shall apply
      section 204(a)(1)(J) [8 U.S.C. 1154(a)(1)(J)].
      "(e) Availability of Administrative Review. - The Attorney
    General shall provide to applicants for adjustment of status under
    subsection (a) the same right to, and procedures for,
    administrative review as are provided to - 
        "(1) applicants for adjustment of status under section 245 of
      the Immigration and Nationality Act [8 U.S.C. 1255]; or
        "(2) aliens subject to removal proceedings under section 240 of
      such Act [8 U.S.C. 1229a].
      "(f) Limitation on Judicial Review. - A determination by the
    Attorney General as to whether the status of any alien should be
    adjusted under this section is final and shall not be subject to
    review by any court.
      "(g) No Offset in Number of Visas Available. - When an alien is
    granted the status of having been lawfully admitted for permanent
    residence pursuant to this section, the Secretary of State shall
    not be required to reduce the number of immigrant visas authorized
    to be issued under any provision of the Immigration and Nationality
    Act [8 U.S.C. 1101 et seq.].
      "(h) Application of Immigration and Nationality Act Provisions. -
    Except as otherwise specifically provided in this section, the
    definitions contained in the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.] shall apply in the administration of this
    section. Nothing contained in this section shall be held to repeal,
    amend, alter, modify, affect, or restrict the powers, duties,
    functions, or authority of the Attorney General in the
    administration and enforcement of such Act or any other law
    relating to immigration, nationality, or naturalization. The fact
    that an alien may be eligible to be granted the status of having
    been lawfully admitted for permanent residence under this section
    shall not preclude the alien from seeking such status under any
    other provision of law for which the alien may be eligible."
      [Pub. L. 109-162, title VIII, Sec. 815(c), Jan. 5, 2006, 119
    Stat. 3060, provided that: "The amendment made by subsection (b)
    [amending section 202(d)(3) of Pub. L. 105-100, set out above]
    shall take effect as if included in the enactment of the Violence
    Against Women Act of 2000 (division B of Public Law 106-386; 114
    Stat. 1491)."]

      ADJUSTMENT OF STATUS FOR CERTAIN POLISH AND HUNGARIAN PAROLEES  
      Section 646 of div. C of Pub. L. 104-208 provided that:
      "(a) In General. - The Attorney General shall adjust the status
    of an alien described in subsection (b) to that of an alien
    lawfully admitted for permanent residence if the alien - 
        "(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) Aliens Eligible for Adjustment of Status. - The benefits
    provided in subsection (a) shall only apply to an alien who - 
        "(1) was a national of Poland or Hungary; and
        "(2) was inspected and granted parole into the United States
      during the period beginning on November 1, 1989, and ending on
      December 31, 1991, after being denied refugee status.
      "(c) Waiver of Certain Grounds for Inadmissibility. - The
    provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of
    the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5),
    (7)(A)] shall not apply to adjustment of status under this section
    and the Attorney General may waive any other provision of such
    section (other than paragraph (2)(C) and subparagraphs (A), (B),
    (C), or (E) of paragraph (3)) with respect to such an adjustment
    for humanitarian purposes, to assure family unity, or when it is
    otherwise in the public interest.
      "(d) Date of Approval. - Upon the approval of such an application
    for adjustment of status, the Attorney General shall create a
    record of the alien's admission as an alien lawfully admitted for
    permanent residence as of the date of the alien's inspection and
    parole described in subsection (b)(2).
      "(e) No Offset in Number of Visas Available. - When an alien is
    granted the status of having been lawfully admitted for permanent
    residence under this section, the Secretary of State shall not be
    required to reduce the number of immigrant visas authorized to be
    issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
    seq.]."

                            FINGERPRINT CHECKS                        
      Section 506(d) of Pub. L. 103-317 provided that: "The Immigration
    and Naturalization Service shall conduct full fingerprint
    identification checks through the Federal Bureau of Investigation
    for all individuals over sixteen years of age adjusting immigration
    status in the United States pursuant to this section [amending this
    section and section 1182 of this title and enacting provisions set
    out as a note under section 1182 of this title]."

     ADJUSTMENT OF STATUS OF CERTAIN NATIONALS OF PEOPLE'S REPUBLIC OF
                                   CHINA
      Pub. L. 102-404, Oct. 9, 1992, 106 Stat. 1969, provided that:

      "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) In General. - Subject to subsection (c)(1), whenever an
    alien described in subsection (b) applies for adjustment of status
    under section 245 of the Immigration and Nationality Act [8 U.S.C.
    1255] during the application period (as defined in subsection (e))
    the following rules shall apply with respect to such adjustment:
        "(1) The alien shall be deemed to have had a petition approved
      under section 204(a) of such Act [8 U.S.C. 1154(a)] for
      classification under section 203(b)(3)(A)(i) of such Act [8
      U.S.C. 1153(b)(3)(A)(i)].
        "(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 [8 U.S.C. 1182(a), (e)] shall not apply; and
          "(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 [8
      U.S.C. 1152(a)(2)] shall not apply.
        "(5) Section 245(c) of such Act [8 U.S.C. 1255(c)] shall not
      apply.
      "(b) Aliens Covered. - For purposes of this section, an alien
    described in this subsection is an alien who - 
        "(1) is a national of the People's Republic of China described
      in section 1 of Executive Order No. 12711 [8 U.S.C. 1101 note] as
      in effect on April 11, 1990;
        "(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) Condition; Dissemination of Information. - 
        "(1) Not applicable if safe return permitted. - Subsection (a)
      shall not apply to any alien if the President has determined and
      certified to Congress, before the first day of the application
      period, that conditions in the People's Republic of China permit
      aliens described in subsection (b)(1) to return to that foreign
      state in safety.
        "(2) Dissemination of information. - If the President has not
      made the certification described in paragraph (1) by the first
      day of the application period, the Attorney General shall,
      subject to the availability of appropriations, immediately
      broadly disseminate to aliens described in subsection (b)(1)
      information respecting the benefits available under this section.
      To the extent practicable, the Attorney General shall provide
      notice of these benefits to the last known mailing address of
      each such alien.
      "(d) Offset in Per Country Numerical Level. - 
        "(1) In general. - The numerical level under section 202(a)(2)
      of the Immigration and Nationality Act [8 U.S.C. 1152(a)(2)]
      applicable to natives of the People's Republic of China in each
      applicable fiscal year (as defined in paragraph (3)) shall be
      reduced by 1,000.
        "(2) Allotment if section 202(e) applies. - If section 202(e)
      of the Immigration and Nationality Act is applied to the People's
      Republic of China in an applicable fiscal year, in applying such
      section - 
          "(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 [8 U.S.C. 1153(b)(3)(A)(i)]
        in that year, and
          "(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) Applicable fiscal year. - 
          "(A) In general. - In this subsection, the term 'applicable
        fiscal year' means each fiscal year during the period - 
            "(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 [8 U.S.C. 1255] pursuant
          to subsection (a).
          "(B) Number counted each year. - The number counted under
        this subparagraph for a fiscal year (beginning during or after
        the application period) is 1,000, plus the number (if any) by
        which (i) the immigration level under section 202(a)(2) of the
        Immigration and Nationality Act for the People's Republic of
        China in the fiscal year (as reduced under this subsection),
        exceeds (ii) the number of aliens who were chargeable to such
        level in the year.
      "(e) Application Period Defined. - In this section, the term
    'application period' means the 12-month period beginning July 1,
    1993."

         ADJUSTMENT OF STATUS FOR CERTAIN H-1 NONIMMIGRANT NURSES     
      Pub. L. 101-238, Sec. 2, Dec. 18, 1989, 103 Stat. 2099, as
    amended by Pub. L. 101-649, title I, Sec. 162(f)(1), Nov. 29, 1990,
    104 Stat. 5011; Pub. L. 102-232, title III, Secs. 302(e)(10),
    307(l)(10), Dec. 12, 1991, 105 Stat. 1746, 1757, provided that:
      "(a) In General. - The numerical limitations of sections 201 and
    202 of the Immigration and Nationality Act [8 U.S.C. 1151, 1152]
    shall not apply to the adjustment of status under section 245 of
    such Act [8 U.S.C. 1255] of an immigrant, and the immigrant's
    accompanying spouse and children - 
        "(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 [8 U.S.C. 1101(a)(15)(H)(i)] to perform services as a
      registered nurse,
        "(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 [8
      U.S.C. 1182(a)(5)(A)].
    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) Transition. - For purposes of adjustment of status under
    section 245 of the Immigration and Nationality Act [8 U.S.C. 1255]
    in the case of an alien who, as of September 1, 1989, is present in
    the United States in the status of a nonimmigrant under section
    101(a)(15)(H)(i) of such Act [8 U.S.C. 1101(a)(15)(H)(i)] to
    perform services as a registered nurse, who, as of September 1,
    1989, is present in the United States and had been admitted to the
    United States in the status of nonimmigrant under section
    101(a)(15)(H)(i) of such Act to perform services as a registered
    nurse but has failed to maintain that status due to the expiration
    of the time limitation with respect to such status, or who is the
    spouse or child of such an alien, unauthorized employment performed
    before the date of the enactment of the Immigration Act of 1990
    [Nov. 29, 1990] shall not be taken into account in applying section
    245(c)(2) of the Immigration and Nationality Act and such an alien
    shall be considered as having continued to maintain lawful status
    throughout his or her stay in the United States as a nonimmigrant
    until the end of the 120-day period beginning on the date the
    Attorney General promulgates regulations carrying out the
    amendments made by section 162(f)(1) of the Immigration Act of 1990
    [Pub. L. 101-649, amending this note].
      "(c) Application of Immigration and Nationality Act Provisions. -
    The definitions contained in the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.] shall apply in the administration of this
    section. The fact that an alien may be eligible to be granted the
    status of having been lawfully admitted for permanent residence
    under this section shall not preclude the alien from seeking such
    status under any other provision of law for which the alien may be
    eligible.
      "(d) Application Period. - The alien, and accompanying spouse and
    children, must apply for such adjustment within the 5-year period
    beginning on the date the Attorney General promulgates regulations
    required under subsection (a)."
      [Section 302(e)(10) of Pub. L. 102-232 provided that the
    amendment made by that section to section 2(b) of Pub. L. 101-238,
    set out above, is effective as if included in the Immigration
    Nursing Relief Act of 1989, Pub. L. 101-238.]
      [Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section to section 2(a)(3) of Pub. L. 101-238, set out
    above, is effective as if included in section 603(a) of the
    Immigration Act of 1990, Pub. L. 101-649.]

     ADJUSTMENT OF STATUS FOR CERTAIN SOVIET AND INDOCHINESE PAROLEES 
      Pub. L. 106-429, Sec. 101(a) [title V, Sec. 586], Nov. 6, 2000,
    114 Stat. 1900, 1900A-57, as amended by Pub. L. 108-447, div. D,
    title V, Sec. 534(m)(1)-(6), Dec. 8, 2004, 118 Stat. 3007, provided
    that:
      "(a) The status of certain aliens from Vietnam, Cambodia, and
    Laos described in subsection (b) of this section may be adjusted by
    the Secretary of Homeland Security, under such regulations as the
    Secretary of Homeland Security may prescribe, to that of an alien
    lawfully admitted permanent residence if - 
        "(1) the alien makes an application for such adjustment and
      pays the appropriate fee;
        "(2) the alien is otherwise eligible to receive an immigrant
      visa and is otherwise admissible to the United States for
      permanent residence except as described in subsection (c); and
        "(3) the alien had been physically present in the United States
      prior to October 1, 1997.
      "(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 was inspected and paroled into the United States before October
    1, 1997 and was physically present in the United States on October
    1, 1997; and
        "(1) was paroled into the United States from Vietnam under the
      auspices of the Orderly Departure Program; or
        "(2) was paroled into the United States from a refugee camp in
      East Asia; or
        "(3) was paroled into the United States from a displaced person
      camp administered by the United Nations High Commissioner for
      Refugees in Thailand.
      "(c) Waiver of Certain Grounds for Inadmissibility. - The
    provisions of paragraphs (4), (5), and (7)(A) and (9) of section
    212(a) of the Immigration and Nationality Act [8 U.S.C. 1182(a)(4),
    (5), (7)(A), (9)] shall not be applicable to any alien seeking
    admission to the United States under this subsection, and
    nothwithstanding [sic] any other provision of law, the Secretary of
    Homeland Security may waive 212(a)(1); 212(a)(6)(B), (C), and (F);
    212(a)(8)(A); 212(a)(10)(B) and (D) with respect to such an alien
    in order to prevent extreme hardship to the alien or the alien's
    spouse, parent, son or daughter, who is a citizen of the United
    States or an alien lawfully admitted for permanent residence. Any
    such waiver by the Secretary of Homeland Security shall be in
    writing and shall be granted only on an individual basis following
    an investigation.
      "(d) Date of Approval. - Upon the approval of such an application
    for adjustment of status, the Secretary of Homeland Security shall
    create a record of the alien's admission as a lawful permanent
    resident as of the date of the alien's inspection and parole
    described in subsection (b)(1), (b)(2) and (b)(3).
      "(e) No Offset in Number of Visas Available. - When an alien is
    granted the status of having been lawfully admitted for permanent
    residence under this section the Secretary of State shall not be
    required to reduce the number of immigrant visas authorized to be
    issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
    seq.].
      "(f) Adjudication of Applications. - The Secretary of Homeland
    Security shall - 
        "(1) adjudicate applications for adjustment under this section,
      notwithstanding any limitation on the number of adjustments under
      this section or any deadline for such applications that
      previously existed in law or regulation; and
        "(2) not charge a fee in addition to any fee that previously
      was submitted with such application."
      [Pub. L. 108-447, div. D, title V, Sec. 534(m)(7), Dec. 8, 2004,
    118 Stat. 3007, provided that: "The amendments made by this
    subsection [amending section 101(a) [title V, Sec. 586] of Pub. L.
    106-429, set out above] shall take effect as if enacted as part of
    the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2001 [Pub. L. 106-429]."]
      Pub. L. 101-167, title V, Sec. 599E, Nov. 21, 1989, 103 Stat.
    1263, as amended by Pub. L. 101-513, title V, Sec. 598(b), Nov. 5,
    1990, 104 Stat. 2063; Pub. L. 101-649, title VI, Sec. 603(a)(22),
    Nov. 29, 1990, 104 Stat. 5084; Pub. L. 102-232, title III, Sec.
    307(l)(9), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 102-391, title V,
    Sec. 582(a)(2), (b)(2), Oct. 6, 1992, 106 Stat. 1686; Pub. L. 102-
    511, title IX, Sec. 905(b)(2), Oct. 24, 1992, 106 Stat. 3356; Pub.
    L. 103-236, title V, Sec. 512(2), Apr. 30, 1994, 108 Stat. 466;
    Pub. L. 103-416, title II, Sec. 219(bb), Oct. 25, 1994, 108 Stat.
    4319; Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    575(2)], Sept. 30, 1996, 110 Stat. 3009-121, 3009-168; Pub. L. 104-
    319, title I, Sec. 101(2), Oct. 19, 1996, 110 Stat. 3865; Pub. L.
    105-118, title V, Sec. 574(2), Nov. 26, 1997, 111 Stat. 2432; Pub.
    L. 105-277, div. A, Sec. 101(f) [title VII, Sec. 705(2)], Oct. 21,
    1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-113, div. B, Sec.
    1000(a)(4) [title II, Sec. 214(2)], Nov. 29, 1999, 113 Stat. 1535,
    1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II, Sec. 212(2)],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-27; Pub. L. 107-116, title II,
    Sec. 213(2), Jan. 10, 2002, 115 Stat. 2200; Pub. L. 108-7, div. G,
    title II, Sec. 213(2), Feb. 20, 2003, 117 Stat. 324; Pub. L. 108-
    199, div. E, title II, Sec. 213(2), Jan. 23, 2004, 118 Stat. 253;
    Pub. L. 108-447, div. F, title II, Sec. 213(2), Dec. 8, 2004, 118
    Stat. 3140; Pub. L. 109-102, title V, Sec. 534(m)(2), Nov. 14,
    2005, 119 Stat. 2211, provided that:
      "(a) In General. - The Attorney General shall adjust the status
    of an alien described in subsection (b) to that of an alien
    lawfully admitted for permanent residence if the alien - 
        "(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) Aliens Eligible for Adjustment of Status. - The benefits
    provided in subsection (a) shall only apply to an alien who - 
        "(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, 2006, after being denied refugee status.
      "(c) Waiver of Certain Grounds for Inadmissibility. - The
    provisions of paragraphs (4), (5), and (7)(A) of section 212(a) of
    the Immigration and Nationality Act [8 U.S.C. 1182(a)(4), (5),
    (7)(A)] shall not apply to adjustment of status under this section
    and the Attorney General may waive any other provision of such
    section (other than paragraph (2)(C) or subparagraph (A), (B), (C),
    or (E) of paragraph (3)) with respect to such an adjustment for
    humanitarian purposes, to assure family unity, or when it is
    otherwise in the public interest.
      "(d) Date of Approval. - Upon the approval of such an application
    for adjustment of status, the Attorney General shall create a
    record of the alien's admission as a lawful permanent resident as
    of the date of the alien's inspection and parole described in
    subsection (b)(2).
      "(e) No Offset in Number of Visas Available. - When an alien is
    granted the status of having been lawfully admitted for permanent
    residence under this section, the Secretary of State shall not be
    required to reduce the number of immigrant visas authorized to be
    issued under the Immigration and Nationality Act [8 U.S.C. 1101 et
    seq.]."
      [Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section to section 599E of Pub. L. 101-167, set out
    above, is effective as if included in section 603(a) of the
    Immigration Act of 1990, Pub. L. 101-649.]
      Pub. L. 95-145, title I, Secs. 101-107, Oct. 28, 1977, 91 Stat.
    1223, as amended by Pub. L. 96-212, title II, Sec. 203(i), Mar. 17,
    1980, 94 Stat. 108, provided that status of alien who was native or
    citizen of Vietnam, Laos, or Cambodia, and was paroled into United
    States as refugee between Mar. 31, 1975, and Jan. 1, 1979, or was
    inspected and admitted or paroled into United States on or before
    Mar. 31, 1975, and was physically present in United States on Mar.
    31, 1975, could be adjusted by Attorney General to that of an alien
    lawfully admitted for permanent residence if alien applied for such
    adjustment within six years after Oct. 28, 1977, and met certain
    other eligibility requirements.

    ADJUSTMENT OF STATUS OF NONIMMIGRANT ALIENS RESIDING IN THE VIRGIN
                ISLANDS TO PERMANENT RESIDENT ALIEN STATUS
      Pub. L. 97-271, Sept. 30, 1982, 96 Stat. 1157, as amended by Pub.
    L. 101-649, title I, Sec. 162(e)(6), Nov. 29, 1990, 104 Stat. 5011,
    provided that status of alien who was inspected and admitted to
    Virgin Islands of the United States as a nonimmigrant alien worker
    under section 1101(a)(15)(H)(ii) of this title, or as spouse or
    minor child of such worker, and had resided continuously in Virgin
    Islands of the United States since June 30, 1975, could be adjusted
    by Attorney General to that of an alien lawfully admitted for
    permanent residence if alien applied for such adjustment during one-
    year period beginning Sept. 30, 1982, and met certain other
    eligibility requirements.

    DEVELOPMENT OF ELIGIBILITY CRITERIA FOR ADMISSION OF REFUGEES FROM
                                 CAMBODIA
      Pub. L. 95-624, Sec. 16, Nov. 9, 1978, 92 Stat. 3465, provided
    that: "The Attorney General, in consultation with the Congress,
    shall develop special eligibility criteria under the current United
    States parole program for Indochina Refugees which would enable a
    larger number of refugees from Cambodia to qualify for admission to
    the United States."

                   CUBAN REFUGEES: ADJUSTMENT OF STATUS               
      Section 606 of div. C of Pub. L. 104-208 provided that:
      "(a) In General. - Public Law 89-732 [set out below] is repealed
    effective only upon a determination by the President under section
    203(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD)
    Act of 1996 [22 U.S.C. 6063(c)] (Public Law 104-114) that a
    democratically elected government in Cuba is in power.
      "(b) Limitation. - Subsection (a) shall not apply to aliens for
    whom an application for adjustment of status is pending on such
    effective date."
      Pub. L. 89-732, Nov. 2, 1966, 80 Stat. 1161, as amended by Pub.
    L. 94-571, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212,
    title II, Sec. 203(i), Mar. 17, 1980, 94 Stat. 108; Pub. L. 106-
    386, div. B, title V, Sec. 1509(a), Oct. 28, 2000, 114 Stat. 1530;
    Pub. L. 109-162, title VIII, Sec. 823(a), Jan. 5, 2006, 119 Stat.
    3063, provided: "That, notwithstanding the provisions of section
    245(c) of the Immigration and Nationality Act [subsec. (c) of this
    section], the status of any alien who is a native or citizen of
    Cuba and who has been inspected and admitted or paroled into the
    United States subsequent to January 1, 1959 and has been physically
    present in the United States for at least one year, 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 the alien makes an application
    for such adjustment, and the alien is eligible to receive an
    immigrant visa and is admissible to the United States for permanent
    residence. Upon approval of such an application for adjustment of
    status, the Attorney General shall create a record of the alien's
    admission for permanent residence as of a date thirty months prior
    to the filing of such an application or the date of his last
    arrival into the United States, whichever date is later. The
    provisions of this Act shall be applicable to the spouse and child
    of any alien described in this subsection, regardless of their
    citizenship and place of birth, who are residing with such alien in
    the United States, except that such spouse or child who has been
    battered or subjected to extreme cruelty may adjust to permanent
    resident status under this Act without demonstrating that he or she
    is residing with the Cuban spouse or parent in the United States.
    In acting on applications under this section with respect to
    spouses or children who have been battered or subjected to extreme
    cruelty, the Attorney General shall apply the provisions of section
    204(a)(1)(J) [probably means section 204(a)(1)(J) of the
    Immigration and Nationality Act, which is classified to section
    1154(a)(1)(J) of this title]. An alien who was the spouse of any
    Cuban alien described in this section and has resided with such
    spouse shall continue to be treated as such a spouse for 2 years
    after the date on which the Cuban alien dies (or, if later, 2 years
    after the date of enactment of Violence Against Women and
    Department of Justice Reauthorization Act of 2005) [Jan. 5, 2006],
    or for 2 years after the date of termination of the marriage (or,
    if later, 2 years after the date of enactment of Violence Against
    Women and Department of Justice Reauthorization Act of 2005) if
    there is demonstrated a connection between the termination of the
    marriage and the battering or extreme cruelty by the Cuban alien.
      "Sec. 2. In the case of any alien described in section 1 of this
    Act who prior to the effective date thereof [Nov. 2, 1966], has
    been lawfully admitted into the United States for permanent
    residence, the Attorney General shall, upon application, record his
    admission for permanent residence as of the date the alien
    originally arrived in the United States as a nonimmigrant or as a
    parolee, or a date thirty months prior to the date of enactment of
    this Act [Nov. 2, 1966], whichever date is later.
      "Sec. 3. Section 13 of the Act entitled 'An Act to amend the
    Immigration and Nationality Act, and for other purposes', approved
    October 3, 1965 (Public Law 89-236) [amending subsecs. (b) and (c)
    of this section] is amended by adding at the end thereof the
    following new subsection:
      " '(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 [Pub. L. 89-236] are, unless otherwise specifically
    provided therein, continued in force and effect.'
      "Sec. 4. Except as otherwise specifically provided in this Act,
    the definitions contained in section 101(a) and (b) of the
    Immigration and Nationality Act [section 1101(a), (b) of this
    title] shall apply in the administration of this Act. Nothing
    contained in this Act shall be held to repeal, amend, alter,
    modify, affect, or restrict the powers, duties, functions, or
    authority of the Attorney General in the administration and
    enforcement of the Immigration and Nationality Act [this chapter]
    or any other law relating to immigration, nationality, or
    naturalization.
      "Sec. 5. The approval of an application for adjustment of status
    to that of lawful permanent resident of the United States pursuant
    to the provisions of section 1 of this Act shall not require the
    Secretary of State to reduce the number of visas authorized to be
    issued in any class in the case of any alien who is physically
    present in the United States on or before the effective date of the
    Immigration and Nationality Act Amendments of 1976 [see Effective
    Date of 1976 Amendment note above]."
      [Pub. L. 109-162, title VIII, Sec. 823(b), Jan. 5, 2006, 119
    Stat. 3063, provided that: "The amendment made by subsection (a)(1)
    [amending Pub. L. 89-732 set out above] shall take effect as if
    included in the enactment of the Violence Against Women Act of 2000
    (division B of Public Law 106-386; 114 Stat. 1491)."]
      [Pub. L. 106-386, div. B, title V, Sec. 1509(b), Oct. 28, 2000,
    114 Stat. 1531, provided that: "The amendment made by subsection
    (a) [amending Pub. L. 89-732 set out above] shall be effective as
    if included in subtitle G [Sec. 40701 et seq.] of title IV of the
    Violent Crime Control and Law Enforcement Act of 1994 (Public Law
    103-322; 108 Stat. 1953 et seq. [see Tables for classification].)"]
      [Section 204(b)(1)(C) of Pub. L. 96-212 provided that the
    amendment of section 1 of Pub. L. 89-732, set out above, by Pub. L.
    96-212 is effective immediately before Apr. 1, 1980.]

-FOOTNOTE-
    (!1) So in original. The comma probably should be a semicolon.

    (!2) See References in Text note below.

    (!3) So in original.

               

    (!4) So in original. The semicolon probably should be a comma.

    (!5) So in original. Probably should be "Secretary's".

    (!6) So in original. Probably should be "(10)(E)),".

-End-

-CITE-
    8 USC Sec. 1255a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1255a. Adjustment of status of certain entrants before January
      1, 1982, to that of person admitted for lawful residence

-STATUTE-
    (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 section 1252 of this
        title (as in effect before October 1, 1996), must make
        application under this section not later than the end of the 30-
        day period beginning either on the first day of such 12-month
        period or on the date of the issuance of such order, whichever
        day is later.
        (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 section 1154(a) of
        this title.
      (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 section 1101(a)(15)(J) of this title), the alien
        must establish that the alien was not subject to the two-year
        foreign residence requirement of section 1182(e) of this title
        or has fulfilled that requirement or received a waiver thereof.
      (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 U.S.C. App. 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 Public Law 96-422 [8 U.S.C. 1522 note] shall be
      considered to have entered the United States and to be in an
      unlawful status in the United States.
    (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 section 1423(a) of this
            title (relating to minimal understanding of ordinary
            English and a knowledge and understanding of the history
            and government of the United States), or
              (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 section 1423(a) of this title may
          be considered to have satisfied the requirements of that
          section for purposes of becoming naturalized as a citizen of
          the United States under subchapter III of this chapter.
      (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 section 1159 or 1255 of this title, Public Law
        89-732 [8 U.S.C. 1255 note], or Public Law 95-145 [8 U.S.C.
        1255 note].
      (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
        (A) In general
          Except as provided in this paragraph, neither the Attorney
        General, nor any other official or employee of the Department
        of Justice, or bureau or agency thereof, may - 
            (i) use the information furnished by the applicant pursuant
          to an application filed under this section for any purpose
          other than to make a determination on the application, 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;
            (ii) make any publication whereby the information furnished
          by any particular applicant can be identified; or
            (iii) 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.
        (B) Required disclosures
          The Attorney General shall provide the information furnished
        under this section, and any other information derived from such
        furnished information, to a duly recognized law enforcement
        entity in connection with a criminal investigation or
        prosecution, when such information is requested in writing by
        such entity, or to an official coroner for purposes of
        affirmatively identifying a deceased individual (whether or not
        such individual is deceased as a result of a crime).
        (C) Authorized disclosures
          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
        section 8 of title 13.
        (D) Construction
          (i) In general
            Nothing in this paragraph shall be construed to limit the
          use, or release, for immigration enforcement purposes or law
          enforcement purposes of information contained in files or
          records of the Service pertaining to an application filed
          under this section, other than information furnished by an
          applicant pursuant to the application, or any other
          information derived from the application, that is not
          available from any other source.
          (ii) Criminal convictions
            Information concerning whether the applicant has at any
          time been convicted of a crime may be used or released for
          immigration enforcement or law enforcement purposes.
        (E) Crime
          Whoever knowingly uses, publishes, or permits information to
        be examined in violation of this paragraph shall be fined not
        more than $10,000.
      (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 sections 1151 and 1152 of this
      title shall not apply to the adjustment of aliens to lawful
      permanent resident status under this section.
      (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 section
        1182(a) of this title shall not apply.
        (B) Waiver of other grounds
          (i) In general
            Except as provided in clause (ii), the Attorney General may
          waive any other provision of section 1182(a) of this title in
          the case of individual aliens for humanitarian purposes, to
          assure family unity, or when it is otherwise in the public
          interest.
          (ii) Grounds that may not be waived
            The following provisions of section 1182(a) of this title
          may not be waived by the Attorney General under clause (i):
              (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 section 1182(a)(4)
          of this title) shall not apply to an alien who is or was an
          aged, blind, or disabled individual (as defined in section
          1614(a)(1) of the Social Security Act [42 U.S.C.
          1382c(a)(1)]).
          (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 section
          1182(a)(4) of this title if the alien demonstrates a history
          of employment in the United States evidencing self-support
          without receipt of public cash assistance.
        (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 section 1105a
        of this title (as in effect before October 1, 1996).
        (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.
        (C) Jurisdiction of courts
          Notwithstanding any other provision of law, no court shall
        have jurisdiction of any cause of action or claim by or on
        behalf of any person asserting an interest under this section
        unless such person in fact filed an application under this
        section within the period specified by subsection (a)(1) of
        this section, or attempted to file a complete application and
        application fee with an authorized legalization officer of the
        Service but had the application and fee refused by that
        officer.
    (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 State
          program of assistance under part A of title IV of the Social
          Security Act [42 U.S.C. 601 et seq.]),
            (ii) medical assistance under a State plan approved under
          title XIX of the Social Security Act [42 U.S.C. 1396 et
          seq.], and
            (iii) assistance under the Food Stamp Act of 1977 [7 U.S.C.
          2011 et seq.]; and

          (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 Public Law 96-422 [8 U.S.C.
        1255 note], as in effect on April 1, 1983), or
          (B) in the case of assistance (other than assistance under a
        State program funded under part A of title IV of the Social
        Security Act [42 U.S.C. 601 et seq.]) 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 [42 U.S.C.
        1382c(a)(1)]).
      (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 [42 U.S.C.
          1396 et seq.], to be so eligible, and
            (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 [42 U.S.C. 1396 et seq.] (including
          subparagraphs (B) and (C) of section 1902(a)(10) of such Act
          [42 U.S.C. 1396a(a)(10)(B), (C)]), aliens who, but for
          subparagraph (A), would be ineligible for medical assistance
          under paragraph (1), are only eligible for such assistance
          with respect to - 
              (I) emergency services (as defined for purposes of
            section 1916(a)(2)(D) of the Social Security Act [42 U.S.C.
            1396o(a)(2)(D)]), and
              (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 [42 U.S.C. 1396 et seq.].
      (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 Richard B. Russell National School Lunch Act [42
        U.S.C. 1751 et seq.].
          (B) The Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
          (C) The The (!1) Carl D. Perkins Career and Technical
        Education Act of 2006 [20 U.S.C. 2301 et seq.].

          (D) Title I of the Elementary and Secondary Education Act of
        1965 [20 U.S.C. 6301 et seq.].
          (E) The Headstart-Follow Through Act [42 U.S.C. 2921 et
        seq.].
          (F) Title I of the Workforce Investment Act of 1998 [29
        U.S.C. 2801 et seq.].
          (G) Title IV of the Higher Education Act of 1965 [20 U.S.C.
        1070 et seq., 42 U.S.C. 2751 et seq.].
          (H) The Public Health Service Act [42 U.S.C. 201 et seq.].
          (I) Titles V, XVI, and XX [42 U.S.C. 701 et seq., 1381 et
        seq., 1397 et seq.], and parts B, D, and E of title IV [42
        U.S.C. 620 et seq., 651 et seq., 670 et seq.], of the Social
        Security Act (and titles I, X, XIV, and XVI of such Act [42
        U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]
        as in effect without regard to the amendment made by section
        301 of the Social Security Amendments of 1972).
      (5) Adjustment not affecting Fascell-Stone benefits
        For the purpose of section 501 of the Refugee Education
      Assistance Act of 1980 (Public Law 96-122) (!2) [8 U.S.C. 1255
      note], assistance shall be continued under such section with
      respect to an alien without regard to the alien's adjustment of
      status under this section.

    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 245A, as added Pub.
    L. 99-603, title II, Sec. 201(a)(1), Nov. 6, 1986, 100 Stat. 3394;
    amended Pub. L. 100-525, Sec. 2(h)(1), Oct. 24, 1988, 102 Stat.
    2611; Pub. L. 101-649, title VI, Sec. 603(a)(13), title VII, Sec.
    703, Nov. 29, 1990, 104 Stat. 5083, 5086; Pub. L. 102-140, title I,
    Oct. 28, 1991, 105 Stat. 785; Pub. L. 102-232, title III, Sec.
    307(l)(6), Dec. 12, 1991, 105 Stat. 1756; Pub. L. 103-382, title
    III, Sec. 394(g), Oct. 20, 1994, 108 Stat. 4028; Pub. L. 103-416,
    title I, Sec. 108(b), title II, Sec. 219(l)(1), Oct. 25, 1994, 108
    Stat. 4310, 4317; Pub. L. 104-132, title IV, Sec. 431(a), Apr. 24,
    1996, 110 Stat. 1273; Pub. L. 104-193, title I, Sec. 110(s)(2),
    Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, div. C, title III,
    Secs. 308(g)(2)(B), (5)(A)(iii), 377(a), 384(d)(1), title VI, Sec.
    623(a), Sept. 30, 1996, 110 Stat. 3009-622, 3009-623, 3009-649,
    3009-653, 3009-696; Pub. L. 105-277, div. A, Sec. 101(f) [title
    VIII, Sec. 405(d)(4), (f)(4)], Oct. 21, 1998, 112 Stat. 2681-337,
    2681-419, 2681-430; Pub. L. 105-332, Sec. 3(a), Oct. 31, 1998, 112
    Stat. 3125; Pub. L. 106-78, title VII, Sec. 752(b)(5), Oct. 22,
    1999, 113 Stat. 1169; Pub. L. 109-270, Sec. 2(a), Aug. 12, 2006,
    120 Stat. 746.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Military Selective Service Act, referred to in subsec.
    (a)(4)(D), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,
    which is classified principally to section 451 et seq. of Title 50,
    Appendix, War and National Defense. For complete classification of
    this Act to the Code, see note set out under section 451 of Title
    50, Appendix, and Tables.
      Public Law 96-422, referred to in subsecs. (a) and (h)(2)(A),
    (5), is Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as amended,
    which is known as the Refugee Education Assistance Act of 1980, and
    is set out as a note under section 1522 of this title.
      Public Law 89-732, referred to in subsec. (c)(2)(B), is Pub. L.
    89-732, Nov. 2, 1966, 80 Stat. 1161, as amended, which is set out
    as a note under section 1255 of this title.
      Public Law 95-145, referred to in subsec. (c)(2)(B), is Pub. L.
    95-145, Oct. 28, 1977, 91 Stat. 1223, as amended. Title I of Pub.
    L. 95-145 is set out as a note under section 1255 of this title.
    Title II of Pub. L. 95-145 amended Pub. L. 94-23, which was set out
    as a note under section 2601 of Title 22, Foreign Relations and
    Intercourse, and was repealed by Pub. L. 96-212, title III, Sec.
    312(c), Mar. 17, 1980, 94 Stat. 117.
      Section 404 of the Immigration Reform and Control Act of 1986,
    referred to in subsec. (c)(5)(A)(i), is section 404 of Pub. L. 99-
    603 which is set out as a note below.
      Section 1105a of this title, referred to in subsec. (f)(4)(A),
    was repealed by Pub. L. 104-208, div. C, title III, Sec. 306(b),
    Sept. 30, 1996, 110 Stat. 3009-612.
      The Social Security Act, referred to in subsec. (h)(1)(A),
    (2)(B), (3)(A)(ii), (B)(i), (C), (4)(I), is act Aug. 14, 1935, ch.
    531, 49 Stat. 620, as amended. Parts A, B, D, and E of title IV of
    the Social Security Act are classified generally to parts A (Sec.
    601 et seq.), B (Sec. 620 et seq.), D (Sec. 651 et seq.), and E
    (Sec. 670 et seq.), respectively, of subchapter IV of chapter 7 of
    Title 42, The Public Health and Welfare. Titles I, V, X, XIV, XVI,
    XIX, and XX of the Social Security Act are classified generally to
    subchapters I (Sec. 301 et seq.), V (Sec. 701 et seq.), X (Sec.
    1201 et seq.), XIV (Sec. 1351 et seq.), XVI (Sec. 1381 et seq.),
    XIX (Sec. 1396 et seq.), and XX (Sec. 1397 et seq.), respectively,
    of chapter 7 of Title 42. For complete classification of this Act
    to the Code, see section 1305 of Title 42 and Tables.
      Section 301 of the Social Security Amendments of 1972, referred
    to in subsec. (h)(4)(I), is section 301 of Pub. L. 92-603, title
    III, Oct. 30, 1972, 86 Stat. 1465, which enacted sections 1381 to
    1382e and 1383 to 1383c of Title 42.
      The Food Stamp Act of 1977, referred to in subsec.
    (h)(1)(A)(iii), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as
    amended, which is classified generally to chapter 51 (Sec. 2011 et
    seq.) of Title 7, Agriculture. For complete classification of this
    Act to the Code, see Short Title note set out under section 2011 of
    Title 7 and Tables.
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (h)(4)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 1751 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1751 of Title 42 and Tables.
      The Child Nutrition Act of 1966, referred to in subsec.
    (h)(4)(B), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as
    amended, which is classified generally to chapter 13A (Sec. 1771 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1771 of Title 42 and Tables.
      The Carl D. Perkins Career and Technical Education Act of 2006,
    referred to in subsec. (h)(4)(C), is Pub. L. 88-210, Dec. 18, 1963,
    77 Stat. 403, as amended generally by Pub. L. 109-270, Sec. 1(b),
    Aug. 12, 2006, 120 Stat. 683, which is classified generally to
    chapter 44 (Sec. 2301 et seq.) of Title 20, Education. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 2301 of Title 20 and Tables.
      The Elementary and Secondary Education Act of 1965, referred to
    in subsec. (h)(4)(D), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,
    as amended. Title I of the Act is classified generally to
    subchapter I (Sec. 6301 et seq.) of chapter 70 of Title 20,
    Education. For complete classification of this Act to the Code, see
    Short Title note set out under section 6301 of Title 20 and Tables.
      The Headstart-Follow Through Act, referred to in subsec.
    (h)(4)(E), is title V of Pub. L. 88-452, Aug. 20, 1964, 78 Stat.
    527, as amended, which was classified generally to subchapter V
    (Sec. 2921 et seq.) of chapter 34 of Title 42, The Public Health
    and Welfare, prior to repeal by Pub. L. 97-35, title VI, Sec.
    683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of
    this Act to the Code, see Tables.
      The Workforce Investment Act of 1998, referred to in subsec.
    (h)(4)(F), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      The Higher Education Act of 1965, referred to in subsec.
    (h)(4)(G), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as
    amended. Title IV of the Higher Education Act of 1965 is classified
    generally to subchapter IV (Sec. 1070 et seq.) of chapter 28 of
    Title 20, Education, and part C (Sec. 2751 et seq.) of subchapter I
    of chapter 34 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 20 and Tables.
      The Public Health Service Act, referred to in subsec. (h)(4)(H),
    is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is
    classified generally to chapter 6A (Sec. 201 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 201 of
    Title 42 and Tables.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 1255a, Pub. L. 85-316, Sec. 9, Sept. 11, 1957, 71
    Stat. 641, provided for adjustment of status of certain resident
    aliens to that of a person admitted for permanent residence, the
    recording by Attorney General of alien's lawful admission for
    permanent residence, and for granting of nonquota status to spouse
    and children, prior to repeal, eff. 180 days after Sept. 26, 1961,
    by Pub. L. 87-301, Sec. 24(a)(5), (b), Sept. 26, 1961, 75 Stat.
    657.

                                AMENDMENTS                            
      2006 - Subsec. (h)(4)(C). Pub. L. 109-270 substituted "The Carl
    D. Perkins Career and Technical Education Act of 2006" for "Carl D.
    Perkins Vocational and Technical Education Act of 1998".
      1999 - Subsec. (h)(4)(A). Pub. L. 106-78 substituted "Richard B.
    Russell National School Lunch Act" for "National School Lunch Act".
      1998 - Subsec. (h)(4)(C). Pub. L. 105-332 substituted "Carl D.
    Perkins Vocational and Technical Education Act of 1998" for
    "Vocational Education Act of 1963".
      Subsec. (h)(4)(F). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec.
    405(f)(4)], substituted "Title I" for "The Job Training Partnership
    Act or title I".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(4)],
    substituted "The Job Training Partnership Act or title I of the
    Workforce Investment Act of 1998." for "The Job Training
    Partnership Act."
      1996 - Subsec. (a)(1)(B). Pub. L. 104-208, Sec.
    308(g)(5)(A)(iii), inserted "(as in effect before October 1, 1996)"
    after "section 1252 of this title".
      Subsec. (c)(5). Pub. L. 104-208, Sec. 623(a), amended heading and
    text of par. (5) generally, substituting subpars. (A) to (E) for
    former par. consisting of introductory and concluding provisions
    and subpars. (A) to (C), relating to confidentiality of
    information.
      Pub. L. 104-208, Sec. 384(d)(1), substituted "Anyone who uses,
    publishes, or permits information to be examined in violation of
    this paragraph shall be subject to appropriate disciplinary action
    and subject to a civil money penalty of not more than $5,000 for
    each violation." for "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." in concluding provisions.
      Pub. L. 104-132, Sec. 431(a)(2), which directed the insertion of
    "and" and cl. (ii) after "Title 13", was executed by making the
    insertion after "title 13" in concluding provisions to reflect the
    probable intent of Congress. Cl. (ii) read as follows: "may
    authorize an application to a Federal court of competent
    jurisdiction for, and a judge of such court may grant, an order
    authorizing disclosure of information contained in the application
    of the alien to be used - 
        "(I) for identification of the alien when there is reason to
      believe that the alien has been killed or severely incapacitated;
      or
        "(II) for criminal law enforcement purposes against the alien
      whose application is to be disclosed."
      Pub. L. 104-132, Sec. 431(a)(1), which directed amendment by
    inserting "(i)" after "except the Attorney General", was executed
    by making the insertion after "except that the Attorney General" in
    concluding provisions to reflect the probable intent of Congress.
      Subsec. (f)(4)(A). Pub. L. 104-208, Sec. 308(g)(2)(B), inserted
    "(as in effect before October 1, 1996)" after "section 1105a of
    this title".
      Subsec. (f)(4)(C). Pub. L. 104-208, Sec. 377(a), added subpar.
    (C).
      Subsec. (h)(1)(A)(i). Pub. L. 104-193, Sec. 110(s)(2)(A),
    substituted "State program of assistance" for "program of aid to
    families with dependent children".
      Subsec. (h)(2)(B). Pub. L. 104-193, Sec. 110(s)(2)(B),
    substituted "assistance under a State program funded under part A
    of title IV of the Social Security Act" for "aid to families with
    dependent children".
      1994 - Subsec. (b)(1)(D)(i)(I), (iii). Pub. L. 103-416, Sec.
    108(b), substituted "1423(a)" for "1423".
      Subsec. (c)(7)(C). Pub. L. 103-416, Sec. 219(l)(1), realigned
    margins and substituted "subparagraph (B)" for "subsection (B)".
      Subsec. (h)(4)(D). Pub. L. 103-382 amended subpar. (D) generally.
    Prior to amendment, subpar. (D) read as follows: "Chapter 1 of the
    Education Consolidation and Improvement Act of 1981."
      1991 - Subsec. (c)(7)(C). Pub. L. 102-140, which directed the
    addition "after subsection (B)" of "a new subsection" (C), was
    executed by adding subpar. (C) after subpar. (B) to reflect the
    probable intent of Congress.
      Subsec. (d)(2)(B)(ii). Pub. L. 102-232, substituted "Subclause
    (IV)" for "Subclause (II)" in last sentence, added subcl. (III),
    redesignated former subcl. (III) as (II) and former subcl. (II) as
    (IV), and struck out former subcl. (IV) which read as follows:
    "Paragraphs (3) (relating to security and related grounds), other
    than subparagraph (E) thereof."
      1990 - Subsec. (b)(1)(A). Pub. L. 101-649, Sec. 703(a)(1),
    substituted "2-year period" for "one-year period".
      Subsec. (b)(2)(C). Pub. L. 101-649, Sec. 703(a)(2), substituted
    "43rd" for "thirty-first".
      Subsec. (c)(7)(A). Pub. L. 101-649, Sec. 703(b), inserted at end
    "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."
      Subsec. (d)(2)(A). Pub. L. 101-649, Sec. 603(a)(13)(A),
    substituted "(5) and (7)(A)" for "(14), (20), (21), (25), and
    (32)".
      Subsec. (d)(2)(B)(ii). Pub. L. 101-649, Sec. 603(a)(13)(G),
    substituted "1182(a)(4)" for "1182(a)(15)" in last sentence.
      Subsec. (d)(2)(B)(ii)(I). Pub. L. 101-649, Sec. 603(a)(13)(B),
    substituted "Paragraphs (2)(A) and (2)(B)" for "Paragraphs (9) and
    (10)".
      Subsec. (d)(2)(B)(ii)(II). Pub. L. 101-649, Sec. 603(a)(13)(C),
    substituted "(4)" for "(15)".
      Subsec. (d)(2)(B)(ii)(III). Pub. L. 101-649, Sec. 603(a)(13)(D),
    substituted "(2)(C)" for "(23)".
      Subsec. (d)(2)(B)(ii)(IV). Pub. L. 101-649, Sec. 603(a)(13)(E),
    substituted "(3) (relating to security and related grounds), other
    than subparagraph (E) thereof" for "(27), (28), and (29) (relating
    to national security and members of certain organizations)".
      Subsec. (d)(2)(B)(ii)(V). Pub. L. 101-649, Sec. 603(a)(13)(F),
    struck out subcl. (V) which referred to par. (33).
      Subsec. (d)(2)(B)(iii). Pub. L. 101-649, Sec. 603(a)(13)(H),
    substituted "1182(a)(4)" for "1182(a)(15)".
      1988 - Subsec. (a)(1)(B). Pub. L. 100-525, Sec. 2(h)(1)(A),
    substituted "12-month" for "18-month".
      Subsec. (b)(1)(D)(ii). Pub. L. 100-525, Sec. 2(h)(1)(B), inserted
    references to developmentally disabled in heading and text.
      Subsec. (c)(1). Pub. L. 100-525, Sec. 2(h)(1)(C), amended closing
    provisions generally without change.
      Subsec. (c)(5). Pub. L. 100-525, Sec. 2(h)(1)(D)(ii), substituted
    semicolon for period at end of first sentence and inserted "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 section 8 of
    title 13."
      Subsec. (c)(5)(A). Pub. L. 100-525, Sec. 2(h)(1)(D)(i), inserted
    "or for the preparation of reports to Congress under section 404 of
    the Immigration Reform and Control Act of 1986" after "paragraph
    (6)".
      Subsec. (d)(2)(B)(ii). Pub. L. 100-525, Sec. 2(h)(1)(E)(ii),
    inserted at end "Subclause (II) (prohibiting the waiver of section
    1182(a)(15) of this title) shall not apply to an alien who is or
    was an aged, blind, or disabled individual (as defined in section
    1614(a)(1) of the Social Security Act)."
      Subsec. (d)(2)(B)(ii)(II). Pub. L. 100-525, Sec. 2(h)(1)(E)(i),
    struck out "by an alien other than an alien who is eligible for
    benefits under title XVI of the Social Security Act or section 212
    of Public Law 93-66 for the month in which such alien is granted
    lawful temporary residence status under subsection (a) of this
    section" after "permanent residence".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(4)] of Pub.
    L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
    [title VIII, Sec. 405(f)(4)] of Pub. L. 105-277 effective July 1,
    2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
    Pub. L. 105-277, set out as a note under section 3502 of Title 5,
    Government Organization and Employees.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by section 308(g)(2)(B), (5)(A)(iii) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Section 377(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall be
    effective as if included in the enactment of the Immigration Reform
    and Control Act of 1986 [Pub. L. 99-603]."
      Amendment by section 384(d)(1) of Pub. L. 104-208 applicable to
    offenses occurring on or after Sept. 30, 1996, see section
    384(d)(2) of Pub. L. 104-208, set out as a note under section 1160
    of this title.
      Amendment by Pub. L. 104-193 effective July 1, 1997, with
    transition rules relating to State options to accelerate such date,
    rules relating to claims, actions, and proceedings commenced before
    such date, rules relating to closing out of accounts for terminated
    or substantially modified programs and continuance in office of
    Assistant Secretary for Family Support, and provisions relating to
    termination of entitlement under AFDC program, see section 116 of
    Pub. L. 104-193, as amended, set out as an Effective Date note
    under section 601 of Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 219(l)(1) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 603(a)(13) of Pub. L. 101-649 applicable to
    applications for adjustment of status made on or after June 1,
    1991, see section 601(e)(2) of Pub. L. 101-649, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
             REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS         
      Section 109 of Pub. L. 103-416 provided that: "Not later than
    June 30, 1996, the Commissioner of the Immigration and
    Naturalization Service shall prepare and submit to the Congress a
    report concerning the citizenship status of aliens legalized under
    section 245A and section 210 of the Immigration and Nationality Act
    [8 U.S.C. 1255a, 1160]. Such report shall include the following
    information by district office for each national origin group:
        "(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 Pub. L. 101-649, as amended by Pub. L. 101-649,
    title VI, Sec. 603(a)(23), Nov. 29, 1990, 104 Stat. 5084; Pub. L.
    103-416, title II, Sec. 206(a), Oct. 25, 1994, 108 Stat. 4311; Pub.
    L. 104-208, div. C, title III, Secs. 308(d)(4)(R), (e)(2)(H), (16),
    (g)(1), (7)(E)(ii), 383(a), Sept. 30, 1996, 110 Stat. 3009-619 to
    3009-622, 3009-624, 3009-652, provided that:
      "(a) Temporary Stay of Removal and Work Authorization for Certain
    Eligible Immigrants. - The Attorney General shall provide that in
    the case of an alien who is an eligible immigrant (as defined in
    subsection (b)(1)) as of May 5, 1988 (in the case of a relationship
    to a legalized alien described in subsection (b)(2)(B) or
    (b)(2)(C)) or as of December 1, 1988 (in the case of a relationship
    to a legalized alien described in subsection (b)(2)(A)), who has
    entered the United States before such date, who resided in the
    United States on such date, and who is not lawfully admitted for
    permanent residence, the alien - 
        "(1) may not be removed 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 237(a) of the Immigration and
      Nationality Act [8 U.S.C. 1227(a)] (other than so much of section
      237(a)(1)(A) of such Act as relates to a ground of
      inadmissibility described in paragraph (2) or (3) of section
      212(a) of such Act [8 U.S.C. 1182(a)]), and
        "(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) Eligible Immigrant and Legalized Alien Defined. - In this
    section:
        "(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 [8 U.S.C. 1160],
          "(B) temporary or permanent residence status under section
        245A of the Immigration and Nationality Act [8 U.S.C. 1255a],
        or
          "(C) permanent residence status under section 202 of the
        Immigration Reform and Control Act of 1986 [Pub. L. 99-603, set
        out below].
      "(c) Application of Definitions. - Except as otherwise
    specifically provided in this section, the definitions contained in
    the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] shall
    apply in the administration of this section.
      "(d) Temporary Disqualification From Certain Public Welfare
    Assistance. - Aliens provided the benefits of this section by
    virtue of their relation to a legalized alien described in
    subsection (b)(2)(A) or (b)(2)(B) shall be ineligible for public
    welfare assistance in the same manner and for the same period as
    the legalized alien is ineligible for such assistance under section
    245A(h) or 210(f), respectively, of the Immigration and Nationality
    Act [8 U.S.C. 1255a(h), 1160(f)].
      "(e) Exception for Certain Aliens. - An alien is not eligible for
    the benefits of this section if the Attorney General finds that - 
        "(1) the alien has been convicted of a felony or 3 or more
      misdemeanors in the United States,
        "(2) the alien is described in section 208(b)(2)(A) of the
      Immigration and Nationality Act [8 U.S.C. 1158(b)(2)(A)], or
        "(3) [the alien] has committed an act of juvenile delinquency
      which if committed by an adult would be classified as - 
          "(A) a felony crime of violence that has an element the use
        or attempted use of physical force against another individual,
        or
          "(B) a felony offense that by its nature involves a
        substantial risk that physical force against another individual
        may be used in the course of committing the offense.
      "(f) 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 obtain benefits under
    this section.
      "(g) Effective Date. - This section shall take effect on October
    1, 1991; except that the delay in effectiveness of this section
    shall not be construed as reflecting a Congressional belief that
    the existing family fairness program should be modified in any way
    before such date."
      [Section 383(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending section 301 of Pub. L.
    101-649, set out above] shall apply to benefits granted or extended
    after the date of the enactment of this Act [Sept. 30, 1996]."]
      [Section 206(b) of Pub. L. 103-416 provided that: "The amendment
    made by subsection (a) [amending section 301 of Pub. L. 101-649,
    set out above] shall be deemed to have become effective as of
    October 1, 1991."]

      USE OF CAPITAL ASSETS BY IMMIGRATION AND NATURALIZATION SERVICE  
      Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 1000,
    provided: "That for fiscal year 1990 and hereafter capital assets
    acquired by the Immigration Legalization account may be made
    available for the general use of the Immigration and Naturalization
    Service after they are no longer needed for immigration
    legalization purposes".

       ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF
      COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE
                                 AVAILABLE
      Pub. L. 100-204, title IX, Sec. 902, Dec. 22, 1987, 101 Stat.
    1400, provided that:
      "(a) Adjustment of Status. - The status of any alien who is a
    national of a foreign country the nationals of which were provided
    (or allowed to continue in) 'extended voluntary departure' by the
    Attorney General on the basis of a nationality group determination
    at any time during the 5-year period ending on November 1, 1987,
    shall be adjusted by the Attorney General to that of an alien
    lawfully admitted for temporary residence if the alien - 
        "(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 (8 U.S.C. 1255a(a)(4)).
    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) Status and Adjustment of Status. - The provisions of
    subsections (b), (c)(6), (d), (f), (g), (h), and (i) of section
    245A of the Immigration and Nationality Act (8 U.S.C. 1255a) shall
    apply to aliens provided temporary residence under subsection (a)
    in the same manner as they apply to aliens provided lawful
    temporary residence status under section 245A(a) of such Act."
      Similar provisions were contained in Pub. L. 100-202, Sec. 101(a)
    [title IX, Secs. 901, 902], Dec. 22, 1987, 101 Stat. 1329, 1329-43.

              PROCEDURES FOR PROPERTY ACQUISITION OR LEASING          
      Section 201(c)(1) of Pub. L. 99-603 provided that notwithstanding
    Federal Property and Administrative Services Act of 1949 [chapters
    1 to 11 of Title 40, Public Buildings, Property, and Works and
    title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], the
    Attorney General was authorized for period of up to two years after
    effective date of legalization program, to expend from
    appropriation provided for administration and enforcement of this
    chapter, such amounts necessary for leasing or acquisition of
    property in fulfillment of section 201 of Pub. L. 99-603, which
    enacted this section and amended sections 602, 672, and 673 of
    Title 42, The Public Health and Welfare.

                     USE OF RETIRED FEDERAL EMPLOYEES                 
      Section 201(c)(2) of Pub. L. 99-603, as amended by Pub. L. 100-
    525, Sec. 2(h)(2), Oct. 24, 1988, 102 Stat. 2612, provided that:
    "Notwithstanding any other provision of law, the retired or
    retainer pay of a member or former member of the Armed Forces of
    the United States or the pay and annuity of a retired employee of
    the Federal Government who retired on or before January 1, 1986,
    shall not be reduced while such individual is temporarily employed
    by the Immigration and Naturalization Service for a period of not
    to exceed 18 months to perform duties in connection with the
    adjustment of status of aliens under this section [enacting this
    section and amending sections 602, 672, and 673 of Title 42, The
    Public Health and Welfare]. The Service shall not temporarily
    employ more than 300 individuals under this paragraph.
    Notwithstanding any other provision of law, the annuity of a
    retired employee of the Federal Government shall not be increased
    or redetermined under chapter 83 or 84 of title 5, United States
    Code, as a result of a period of temporary employment under this
    paragraph."

                         CUBAN-HAITIAN ADJUSTMENT                     
      Section 202 of Pub. L. 99-603, as amended by Pub. L. 100-525,
    Sec. 2(i), Oct. 24, 1988, 102 Stat. 2612, provided that the status
    of an alien who received an immigration designation as a
    Cuban/Haitian Entrant as of Nov. 6, 1986, or who was a national of
    Cuba or Haiti, who arrived in the United States before Jan. 1,
    1982, could be adjusted by the Attorney General to that of an alien
    lawfully admitted for permanent residence if the alien applied for
    such adjustment within two years after Nov. 6, 1986, and met
    certain other eligibility requirements.

                STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS            
      Section 204 of Pub. L. 99-603, as amended by Pub. L. 100-525,
    Sec. 2(k), Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-166, title
    II, Nov. 21, 1989, 103 Stat. 1174; Pub. L. 101-238, Sec. 6(a), Dec.
    18, 1989, 103 Stat. 2104; Pub. L. 101-517, title II, Nov. 5, 1990,
    104 Stat. 2206; Pub. L. 102-170, title II, Nov. 26, 1991, 105 Stat.
    1124; Pub. L. 102-394, title II, Oct. 6, 1992, 106 Stat. 1808; Pub.
    L. 103-333, title II, Sept. 30, 1994, 108 Stat. 2558; Pub. L. 103-
    416, title II, Sec. 219(cc), Oct. 25, 1994, 108 Stat. 4319; Pub.
    L. 104-208, div. C, title VI, Sec. 671(b)(9), (d)(2), Sept. 30,
    1996, 110 Stat. 3009-722, 3009-723, related to State legalization
    impact-assistance grants and appropriation of funds, prior to
    repeal by Pub. L. 105-220, title I, Sec. 199(a)(1), Aug. 7, 1998,
    112 Stat. 1058.

            APPLICATION OF CERTAIN STATE ASSISTANCE PROVISIONS        
      Section 303(c) of Pub. L. 99-603, defined "eligible legalized
    alien" relative to State legalization assistance, prior to repeal
    by Pub. L. 100-525, Sec. 2(n)(3), Oct. 24, 1988, 102 Stat. 2613.

                      REPORTS ON LEGALIZATION PROGRAM                  
      Section 404 of Pub. L. 99-603 provided that:
      "(a) In General. - The President shall transmit to Congress two
    reports on the legalization program established under section 245A
    of the Immigration and Nationality Act [8 U.S.C. 1255a].
      "(b) Initial Report Describing Legalized Aliens. - The first
    report, which shall be transmitted not later than 18 months after
    the end of the application period for adjustment to lawful
    temporary residence status under the program, shall include a
    description of the population whose status is legalized under the
    program, including - 
        "(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) Second Report on Impact of Legalization Program. - The
    second report, which shall be transmitted not later than three
    years after the date of transmittal of the first report, shall
    include a description of - 
        "(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 Pub. L. 99-603
    relating to initial report described in section 404(b) delegated to
    Secretary of Homeland Security and relating to second report
    described in section 404(c) delegated to Secretary of Labor by
    sections 1(c) and 2(c) of Ex. Ord. No. 12789, Feb. 10, 1992, 57
    F.R. 5225, as amended, set out as a note under section 1364 of this
    title.]

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be "(Public Law 96-422)".

-End-

-CITE-
    8 USC Sec. 1255b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1255b. Adjustment of status of certain nonimmigrants to that
      of persons admitted for permanent residence

-STATUTE-
      Notwithstanding any other provision of law - 
    (a) Application
      Any alien admitted to the United States as a nonimmigrant under
    the provisions of either section 101(a)(15)(A)(i) or (ii) or
    101(a)(15)(G)(i) or (ii) of the Immigration and Nationality Act [8
    U.S.C. 1101(a)(15)(A)(i), (ii), (G)(i), (ii)], 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 the Immigration and
    Nationality Act [8 U.S.C. 1101 et seq.], 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 section 202 of the Immigration and Nationality Act
    [8 U.S.C. 1152] for the fiscal year then current or the next
    following year in which a quota is available. No quota shall be so
    reduced by more than 50 per centum in any fiscal year.
    (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.

-SOURCE-
    (Pub. L. 85-316, Sec. 13, Sept. 11, 1957, 71 Stat. 642; Pub. L. 97-
    116, Sec. 17, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec.
    9(kk), Oct. 24, 1988, 102 Stat. 2622; Pub. L. 103-416, title II,
    Sec. 207, Oct. 25, 1994, 108 Stat. 4312; Pub. L. 104-208, div. C,
    title VI, Sec. 671(b)(4), Sept. 30, 1996, 110 Stat. 3009-721.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec. (b),
    is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to this chapter. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1101 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as a part of the Immigration and
    Nationality Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-208 made technical amendment to
    directory language of Pub. L. 103-416, Sec. 207(2). See 1994
    Amendment note below.
      1994 - Subsec. (c). Pub. L. 103-416, Sec. 207(1), struck out
    after second sentence "If, during the session of the Congress at
    which a case is reported, or prior to the close of the session of
    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
    adjustment of status of such alien, the Attorney General shall
    thereupon require the departure of such alien in the manner
    provided by law."
      Pub. L. 103-416, Sec. 207(2), as amended by Pub. L. 104-208,
    substituted "The" for "If neither the Senate nor the House of
    Representatives passes such a resolution within the time above
    specified, the".
      1988 - Subsec. (b). Pub. L. 100-525 struck out "of" after "as of
    the date".
      1981 - Subsec. (b). Pub. L. 97-116 inserted provision requiring
    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.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective as if included in the
    enactment of the Immigration and Nationality Technical Corrections
    Act of 1994, Pub. L. 103-416, see section 671(b)(14) of Pub. L. 104-
    208, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-CROSS-
    DEFINITIONS; APPLICABILITY OF SECTION 1101(A) AND (B) OF THIS TITLE
      The definitions in subsecs. (a) and (b) of section 1101 of this
    title apply to this section, see section 14 of Pub. L. 85-316, set
    out as a note under section 1101 of this title.

-End-

-CITE-
    8 USC Sec. 1256                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1256. Rescission of adjustment of status; effect upon
      naturalized citizen

-STATUTE-
      (a) If, at any time within five years after the status of a
    person has been otherwise adjusted under the provisions of section
    1255 or 1259 of this title or any other provision of law to that of
    an alien lawfully admitted for permanent residence, it shall appear
    to the satisfaction of the Attorney General that the person was not
    in fact eligible for such adjustment of status, the Attorney
    General shall rescind the action taken granting an adjustment of
    status to such person and cancelling removal in the case of such
    person if that occurred and the person shall thereupon be subject
    to all provisions of this chapter to the same extent as if the
    adjustment of status had not been made. Nothing in this subsection
    shall require the Attorney General to rescind the alien's status
    prior to commencement of procedures to remove the alien under
    section 1229a of this title, and an order of removal issued by an
    immigration judge shall be sufficient to rescind the alien's
    status.
      (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 section 1451 of this title as a
    person whose naturalization was procured by concealment of a
    material fact or by willful misrepresentation.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 246, 66 Stat. 217;
    Pub. L. 103-416, title II, Sec. 219(m), Oct. 25, 1994, 108 Stat.
    4317; Pub. L. 104-208, div. C, title III, Secs. 308(e)(1)(H),
    378(a), Sept. 30, 1996, 110 Stat. 3009-619, 3009-649.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 378(a), inserted at end
    "Nothing in this subsection shall require the Attorney General to
    rescind the alien's status prior to commencement of procedures to
    remove the alien under section 1229a of this title, and an order of
    removal issued by an immigration judge shall be sufficient to
    rescind the alien's status."
      Pub. L. 104-208, Sec. 308(e)(1)(H), substituted "removal" for
    "deportation".
      1994 - Subsec. (a). Pub. L. 103-416 struck out first three
    sentences which read as follows: "If, at any time within five years
    after the status of a person has been adjusted under the provisions
    of section 1254 of this title or under section 19(c) of the
    Immigration Act of February 5, 1917, to that of an alien lawfully
    admitted for permanent residence, it shall appear to the
    satisfaction of the Attorney General that the person was not in
    fact eligible for such adjustment of status, the Attorney General
    shall submit to the Congress a complete and detailed statement of
    the facts and pertinent provisions of law in the case. Such reports
    shall be submitted on the first and fifteenth day of each calendar
    month in which Congress is in session. 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
    withdrawing suspension of deportation, the person shall thereupon
    be subject to all provisions of this chapter to the same extent as
    if the adjustment of status had not been made."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(1)(H) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Section 378(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall take
    effect on the title III-A effective date (as defined in section
    309(a) of this division [set out as a note under section 1101 of
    this title])."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(m) of Pub. L. 103-416 provided that the amendment
    made by that section is effective Oct. 25, 1994.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-End-

-CITE-
    8 USC Sec. 1257                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1257. Adjustment of status of certain resident aliens to
      nonimmigrant status; exceptions

-STATUTE-
      (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 section 1101(a) of this title, if
    such alien had at the time of admission or subsequently acquires an
    occupational status which would, if he were seeking admission to
    the United States, entitle him to a nonimmigrant status under such
    paragraphs. As of the date of the Attorney General's order making
    such adjustment of status, the Attorney General shall cancel the
    record of the alien's admission for permanent residence, and the
    immigrant status of such alien shall thereby be terminated.
      (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 section
    1101(a) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 247, 66 Stat. 218;
    Pub. L. 104-208, div. C, title III, Sec. 308(f)(1)(P), Sept. 30,
    1996, 110 Stat. 3009-621.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208 substituted "time of
    admission" for "time of entry".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1258                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1258. Change of nonimmigrant classification

-STATUTE-
      (a) The Secretary of Homeland Security 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 and who is
    not inadmissible under section 1182(a)(9)(B)(i) of this title (or
    whose inadmissibility under such section is waived under section
    1182(a)(9)(B)(v) of this title), except (subject to subsection (b)
    of this section) in the case of - 
        (1) an alien classified as a nonimmigrant under subparagraph
      (C), (D), (K), or (S) of section 1101(a)(15) of this title,
        (2) an alien classified as a nonimmigrant under subparagraph
      (J) of section 1101(a)(15) of this title who came to the United
      States or acquired such classification in order to receive
      graduate medical education or training,
        (3) an alien (other than an alien described in paragraph (2))
      classified as a nonimmigrant under subparagraph (J) of section
      1101(a)(15) of this title who is subject to the two-year foreign
      residence requirement of section 1182(e) of this title and has
      not received a waiver thereof, unless such alien applies to have
      the alien's classification changed from classification under
      subparagraph (J) of section 1101(a)(15) of this title to a
      classification under subparagraph (A) or (G) of such section, and
        (4) an alien admitted as a nonimmigrant visitor without a visa
      under section 1182(l) of this title or section 1187 of this
      title.

      (b) The exceptions specified in paragraphs (1) through (4) of
    subsection (a) of this section shall not apply to a change of
    nonimmigrant classification to that of a nonimmigrant under
    subparagraph (T) or (U) of section 1101(a)(15) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 248, 66 Stat. 218;
    Pub. L. 87-256, Sec. 109(d), Sept. 21, 1961, 75 Stat. 535; Pub. L.
    97-116, Sec. 10, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99-603,
    title III, Sec. 313(d), Nov. 6, 1986, 100 Stat. 3439; Pub. L. 103-
    322, title XIII, Sec. 130003(b)(3), Sept. 13, 1994, 108 Stat.
    2025; Pub. L. 104-208, div. C, title III, Sec. 301(b)(2), title VI,
    Sec. 671(a)(2), Sept. 30, 1996, 110 Stat. 3009-578, 3009-721; Pub.
    L. 109-162, title VIII, Sec. 821(c)(1), Jan. 5, 2006, 119 Stat.
    3062.)

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-162 designated existing provisions as subsec.
    (a), substituted "Secretary of Homeland Security" for "Attorney
    General", inserted "(subject to subsection (b) of this section)"
    after "except" in introductory provisions, and added subsec. (b).
      1996 - Pub. L. 104-208, Sec. 301(b)(2), in introductory
    provisions, inserted "and who is not inadmissible under section
    1182(a)(9)(B)(i) of this title (or whose inadmissibility under such
    section is waived under section 1182(a)(9)(B)(v) of this title)"
    after "maintain that status".
      Par. (1). Pub. L. 104-208, Sec. 671(a)(2), made technical
    amendment to directory language of Pub. L. 103-322, Sec.
    130003(b)(3). See 1994 Amendment note below.
      1994 - Par. (1). Pub. L. 103-322, Sec. 130003(b)(3), as amended
    by Pub. L. 104-208, Sec. 671(a)(2), substituted "(K), or (S)" for
    "or (K)".
      1986 - Par. (4). Pub. L. 99-603 added par. (4).
      1981 - Pub. L. 97-116 permitted certain exchange visitors who are
    not subject to a requirement of returning to their home countries
    for two years, or who have had such requirement waived, to adjust
    to a visitor or diplomat status, prohibited the adjustment of
    nonimmigrant status by fiancee or fiance nonimmigrants, and
    specifically precluded the change of status with respect to doctors
    who have entered the United States as exchange visitors for
    graduate medical training, even if they have received a waiver of
    the two-year foreign residence requirement.
      1961 - Pub. L. 87-256 inserted references to paragraph (15)(J) of
    section 1101(a) of this title in two places.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 301(b)(2) of Pub. L. 104-208 effective, with
    certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 671(a)(2) of Pub. L. 104-208 effective as if
    included in the enactment of the Violent Crime Control and Law
    Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
    Pub. L. 104-208, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1259                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1259. Record of admission for permanent residence in the case
      of certain aliens who entered the United States prior to January
      1, 1972

-STATUTE-
      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 section 1182(a)(3)(E) of
    this title or under section 1182(a) of this title insofar as it
    relates to criminals, procurers and other immoral persons,
    subversives, violators of the narcotic laws or smugglers of aliens,
    and he establishes that he - 
        (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 and is not deportable
      under section 1227(a)(4)(B) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 249, 66 Stat. 219;
    Pub. L. 85-616, Aug. 8, 1958, 72 Stat. 546; Pub. L. 89-236, Sec.
    19, Oct. 3, 1965, 79 Stat. 920; Pub. L. 99-603, title II, Sec.
    203(a), Nov. 6, 1986, 100 Stat. 3405; Pub. L. 100-525, Sec. 2(j),
    Oct. 24, 1988, 102 Stat. 2612; Pub. L. 101-649, title VI, Sec.
    603(a)(14), Nov. 29, 1990, 104 Stat. 5083; Pub. L. 104-132, title
    IV, Sec. 413(e), Apr. 24, 1996, 110 Stat. 1269; Pub. L. 104-208,
    div. C, title III, Sec. 308(g)(10)(C), Sept. 30, 1996, 110 Stat.
    3009-625.)

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (d). Pub. L. 104-208 substituted "section
    1227(a)(4)(B)" for "section 1251(a)(4)(B)".
      Pub. L. 104-132 inserted "and is not deportable under section
    1251(a)(4)(B) of this title" after "ineligible to citizenship".
      1990 - Pub. L. 101-649 substituted "1182(a)(3)(E)" for
    "1182(a)(33)".
      1988 - Pub. L. 100-525 amended Pub. L. 99-603. See 1986 Amendment
    note below.
      1986 - Pub. L. 99-603, as amended by Pub. L. 100-525, inserted
    "under section 1182(a)(33) of this title or" in introductory
    provisions and substituted "January 1, 1972" for "June 30, 1948" in
    section heading and in par. (a).
      1965 - Pub. L. 89-236 substituted "June 30, 1948" for "June 28,
    1940".
      1958 - Pub. L. 85-616 permitted record of lawful admission to be
    made in the case of aliens who entered the United States prior to
    June 28, 1940, authorized the record to be made as of the date of
    the approval of the application for those who entered subsequent to
    July 1, 1924, and prior to June 28, 1940, and substituted
    provisions requiring the alien to satisfy the Attorney General that
    he is not inadmissible under section 1182(a) of this title insofar
    as it relates to criminals, procurers and other immoral persons,
    subversives, violators of the narcotic laws or smugglers of aliens
    for provisions which required the alien to satisfy the Attorney
    General that he was not subject to deportation.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.
      Amendment by Pub. L. 104-132 effective Apr. 24, 1996, and
    applicable to applications filed before, on, or after such date if
    final action not yet taken on them before such date, see section
    413(g) of Pub. L. 104-132, set out as a note under section 1253 of
    this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to individuals entering
    United States on or after June 1, 1991, see section 601(e)(1) of
    Pub. L. 101-649, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                  APPLICABILITY OF NUMERICAL LIMITATIONS              
      Section 203(c) of Pub. L. 99-603 provided that: "The numerical
    limitations of sections 201 and 202 of the Immigration and
    Nationality Act [8 U.S.C. 1151, 1152] shall not apply to aliens
    provided lawful permanent resident status under section 249 of that
    Act [8 U.S.C. 1259]."

-End-

-CITE-
    8 USC Sec. 1260                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part V - Adjustment and Change of Status

-HEAD-
    Sec. 1260. Removal of aliens falling into distress

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 5, Sec. 250, 66 Stat. 219.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Part VI - Special Provisions Relating to Alien
                     Crewmen                               01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
          PART VI - SPECIAL PROVISIONS RELATING TO ALIEN CREWMEN      

-End-

-CITE-
    8 USC Sec. 1281                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1281. Alien crewmen

-STATUTE-
    (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 section 1101(a)(15)(D)(i) of this title to
    perform longshore work not included in the normal operation and
    service on board the vessel under section 1288 of this title, the
    owner, agent, consignee, master, or commanding officer shall pay to
    the Commissioner the sum of $5,000, and such fine shall be a lien
    against the vessel. No such vessel or aircraft shall be granted
    clearance from any port at which it arrives pending the
    determination of the question of the liability to the payment of
    such fine, and if such fine is imposed, while it remains unpaid. No
    such fine shall be remitted or refunded. Clearance may be granted
    prior to the determination of such question upon deposit of a bond
    or a sum sufficient to cover such fine.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 251, 66 Stat. 219;
    Pub. L. 101-649, title II, Sec. 203(b), Nov. 29, 1990, 104 Stat.
    5018; Pub. L. 102-232, title III, Sec. 303(a)(3), Dec. 12, 1991,
    105 Stat. 1746.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (d). Pub. L. 102-232 substituted "consignee" for
    "charterer" after "the owner, agent," in second sentence.
      1990 - Subsec. (d). Pub. L. 101-649 substituted "pay to the
    Commissioner the sum of $200" for "pay to the collector of customs
    of any customs district in which the vessel or aircraft may at any
    time be found the sum of $10" and inserted after first sentence "In
    the case that any owner, agent, consignee, master, or commanding
    officer of a vessel shall secure services of an alien crewman
    described in section 1101(a)(15)(D)(i) of this title to perform
    longshore work not included in the normal operation and service on
    board the vessel under section 1288 of this title, the owner,
    agent, charterer, master, or commanding officer shall pay to the
    Commissioner the sum of $5,000, and such fine shall be a lien
    against the vessel."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to services performed on
    or after 180 days after Nov. 29, 1990, see section 203(d) of Pub.
    L. 101-649, set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
              INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649          
      Amendment by section 203(b) of Pub. L. 101-649 not to affect
    performance of longshore work in United States by citizens or
    nationals of United States, see section 203(a)(2) of Pub. L. 101-
    649, set out as a note under section 1288 of this title.

-End-

-CITE-
    8 USC Sec. 1282                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1282. Conditional permits to land temporarily

-STATUTE-
    (a) Period of time
      No alien crewman shall be permitted to land temporarily in the
    United States except as provided in this section and sections
    1182(d)(3), (5) and 1283 of this title. If an immigration officer
    finds upon examination that an alien crewman is a nonimmigrant
    under paragraph (15)(D) of section 1101(a) of this title and is
    otherwise admissible and has agreed to accept such permit, he may,
    in his discretion, grant the crewman a conditional permit to land
    temporarily pursuant to regulations prescribed by the Attorney
    General, subject to revocation in subsequent proceedings as
    provided in subsection (b) of this section, and for a period of
    time, in any event, not to exceed - 
        (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 removed from the United States at the expense of the
    transportation line which brought him to the United States. Until
    such alien is so removed, 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 section 1229a
    of this title to cases falling within the provisions of this
    subsection.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 252, 66 Stat. 220;
    Pub. L. 101-649, title V, Sec. 543(b)(1), Nov. 29, 1990, 104 Stat.
    5059; Pub. L. 102-232, title III, Sec. 306(c)(3), Dec. 12, 1991,
    105 Stat. 1752; Pub. L. 104-208, div. C, title III, Sec.
    308(e)(2)(E), (g)(5)(A)(i), Sept. 30, 1996, 110 Stat. 3009-620,
    3009-623.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-208, Sec. 308(g)(5)(A)(i),
    substituted "section 1229a" for "section 1252".
      Pub. L. 104-208, Sec. 308(e)(2)(E), substituted "removed" for
    "deported" in two places.
      1991 - Subsec. (c). Pub. L. 102-232 substituted "fined under
    title 18" for "fined not more than $2,000 (or, if greater, the
    amount provided under title 18)".
      1990 - Subsec. (c). Pub. L. 101-649 substituted "shall be fined
    not more than $2,000 (or, if greater, the amount provided under
    title 18) or imprisoned not more than 6 months" for "shall be
    guilty of a misdemeanor, and upon conviction thereof shall be fined
    not more than $500 or shall be imprisoned for not more than six
    months".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1283                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1283. Hospital treatment of alien crewmen afflicted with
      certain diseases

-STATUTE-
      An alien crewman, including an alien crewman ineligible for a
    conditional permit to land under section 1282(a) of this title, who
    is found on arrival in a port of the United States to be afflicted
    with any of the disabilities or diseases mentioned in section 1285
    of this title, shall be placed in a hospital designated by the
    immigration officer in charge at the port of arrival and treated,
    all expenses connected therewith, including burial in the event of
    death, to be borne by the owner, agent, consignee, commanding
    officer, or master of the vessel or aircraft, and not to be
    deducted from the crewman's wages. No such vessel or aircraft shall
    be granted clearance until such expenses are paid, or their payment
    appropriately guaranteed, and the collector of customs is so
    notified by the immigration officer in charge. An alien crewman
    suspected of being afflicted with any such disability or disease
    may be removed from the vessel or aircraft on which he arrived to
    an immigration station, or other appropriate place, for such
    observation as will enable the examining surgeons to determine
    definitely whether or not he is so afflicted, all expenses
    connected therewith to be borne in the manner hereinbefore
    prescribed. In cases in which it appears to the satisfaction of the
    immigration officer in charge that it will not be possible within a
    reasonable time to effect a cure, the return of the alien crewman
    shall be enforced on, or at the expense of, the transportation line
    on which he came, upon such conditions as the Attorney General
    shall prescribe, to insure that the alien shall be properly cared
    for and protected, and that the spread of contagion shall be
    guarded against.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 253, 66 Stat. 221.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1284                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1284. Control of alien crewmen

-STATUTE-
    (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 section 1282
    of this title or unless an alien crewman has been permitted to land
    temporarily under section 1182(d)(5) or 1283 of this title for
    medical or hospital treatment, or (3) to remove such alien crewman
    if required to do so by an immigration officer, whether such
    removal requirement is imposed before or after the crewman is
    permitted to land temporarily under section 1182(d)(5), 1282, or
    1283 of this title, shall pay to the Commissioner the sum of $3,000
    for each alien crewman in respect to whom any such failure occurs.
    No such vessel or aircraft shall be granted clearance pending the
    determination of the liability to the payment of such fine, or
    while the fine remains unpaid, except that clearance may be granted
    prior to the determination of such question upon the deposit of a
    sum sufficient to cover such fine, or of a bond with sufficient
    surety to secure the payment thereof approved by the Commissioner.
    The Attorney General may, upon application in writing therefor,
    mitigate such penalty to not less than $500 for each alien crewman
    in respect of whom such failure occurs, upon such terms as he shall
    think proper.
    (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 remove such alien crewman.
    (c) Removal on other than arriving vessel or aircraft; expenses
      If the Attorney General finds that removal 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 removed 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 removal, 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 254, 66 Stat. 221;
    Pub. L. 101-649, title V, Sec. 543(a)(4), Nov. 29, 1990, 104 Stat.
    5058; Pub. L. 102-232, title III, Sec. 306(c)(4)(C), Dec. 12, 1991,
    105 Stat. 1752; Pub. L. 104-208, div. C, title III, Sec.
    308(e)(1)(I), (2)(F), (12), Sept. 30, 1996, 110 Stat. 3009-619,
    3009-620.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "remove" for "deport" in
    subsecs. (a) and (b), "removal" for "deportation" wherever
    appearing in subsecs. (a) and (c), and "removed" for "deported" in
    subsec. (c).
      1991 - Subsec. (a). Pub. L. 102-232 substituted "Commissioner"
    for "collector of customs" before period at end of penultimate
    sentence.
      1990 - Subsec. (a). Pub. L. 101-649 substituted "Commissioner the
    sum of $3,000" for "collector of customs of the customs district in
    which the port of arrival is located or in which the failure to
    comply with the orders of the officer occurs the sum of $1,000" and
    "$500" for "$200".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1285                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1285. Employment on passenger vessels of aliens afflicted with
      certain disabilities

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 255, 66 Stat. 222;
    Pub. L. 101-649, title V, Sec. 543(a)(5), Nov. 29, 1990, 104 Stat.
    5058.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "Commissioner the sum of
    $1,000" for "collector of customs of the customs district in which
    the port of arrival is located the sum of $50" in second sentence,
    and "Commissioner" for "collector of customs" in third sentence.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1286                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1286. Discharge of alien crewmen; penalties

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 256, 66 Stat. 223;
    Pub. L. 101-649, title V, Sec. 543(a)(6), Nov. 29, 1990, 104 Stat.
    5058.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "Commissioner the sum of
    $3,000" for "collector of customs of the customs district in which
    the violation occurred the sum of $1,000" in second sentence,
    "Commissioner" for "collector of customs" in third sentence, and
    "$1,500" for "$500" in fourth sentence.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1287                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1287. Alien crewmen brought into the United States with intent
      to evade immigration laws; penalties

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 257, 66 Stat. 223;
    Pub. L. 101-649, title V, Sec. 543(a)(7), Nov. 29, 1990, 104 Stat.
    5058.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "$10,000" for "$5,000".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1288                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VI - Special Provisions Relating to Alien Crewmen

-HEAD-
    Sec. 1288. Limitations on performance of longshore work by alien
      crewmen

-STATUTE-
    (a) In general
      For purposes of section 1101(a)(15)(D)(i) of this title, the term
    "normal operation and service on board a vessel" does not include
    any activity that is longshore work (as defined in subsection (b)
    of this section), except as provided under subsection (c), (d), or
    (e) of this section.
    (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 chapter 37 of title 46
      (relating to Carriage of Liquid Bulk Dangerous Cargoes), section
      1321 of title 33, section 4106 of the Oil Pollution Act of 1990,
      or section 5103(b), 5104, 5106, 5107, or 5110 of title 49
      prescribed regulations which govern - 
          (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 section 1281 of this
      title that it continues to comply with the conditions in the
      attestation.

      (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
    section 1101(a)(15)(D)(i) of this title with respect to whom an
    attestation under paragraph (1) or subsection (d)(1) of this
    section is made and, for each such entity, a copy of the entity's
    attestation under paragraph (1) or subsection (d)(1) of this
    section (and accompanying documentation) and each such list filed
    by the entity.
      (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 section 932 of title 33;

        (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
        [29 U.S.C. 151 et seq.] and which make available or intend to
        make available workers to the particular location where the
        longshore work is to be performed,
          (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 7 1/2  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 section 1281 of this
      title that it continues to comply with the conditions in the
      attestation.

      (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 section 932 of title 33;
        (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 section 553 of
      title 5, compile and annually maintain a list, of longshore work
      by particular activity, of countries where performance of such a
      particular activity by crewmembers aboard United States vessels
      is prohibited by law, regulation, or in practice in the country.
      By not later than 90 days after November 29, 1990, the Secretary
      shall publish a notice of proposed rulemaking to establish such
      list. The Secretary shall first establish such list by not later
      than 180 days after November 29, 1990.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 6, Sec. 258, as added Pub.
    L. 101-649, title II, Sec. 203(a)(1), Nov. 29, 1990, 104 Stat.
    5015; amended Pub. L. 102-232, title III, Sec. 303(a)(4), Dec. 12,
    1991, 105 Stat. 1747; Pub. L. 103-198, Sec. 8(a), (b), Dec. 17,
    1993, 107 Stat. 2313, 2315; Pub. L. 103-206, title III, Sec.
    323(a), (b), Dec. 20, 1993, 107 Stat. 2428, 2430; Pub. L. 103-416,
    title II, Sec. 219(f), (gg), Oct. 25, 1994, 108 Stat. 4317, 4319;
    Pub. L. 104-208, div. C, title VI, Sec. 671(e)(4)(B), Sept. 30,
    1996, 110 Stat. 3009-723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4106 of the Oil Pollution Act of 1990, referred to in
    subsec. (b)(2), is section 4106 of Pub. L. 101-380, title IV, Aug.
    18, 1990, 104 Stat. 513, which amended section 1228 of Title 33,
    Navigation and Navigable Waters, and sections 6101 and 9101 of
    Title 46, Shipping.
      The National Labor Relations Act, referred to in subsec.
    (d)(1)(D)(i), is act July 5, 1935, ch. 372, 49 Stat. 452, as
    amended, which is classified generally to subchapter II (Sec. 151
    et seq.) of chapter 7 of Title 29, Labor. For complete
    classification of this Act to the Code, see section 167 of Title 29
    and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(2). Pub. L. 104-208 substituted "section
    5103(b), 5104, 5106, 5107, or 5110 of title 49" for "section 105 or
    106 of the Hazardous Materials Transportation Act (49 U.S.C. App.
    1804, 1805)".
      1994 - Subsecs. (a), (c)(4)(A), (5). Pub. L. 103-416, Sec.
    219(gg), repealed Pub. L. 103-198, Sec. 8(b), which had made
    amendments identical to those made by Pub. L. 103-206, Sec. 323(b).
    See 1993 Amendment note below.
      Subsec. (d). Pub. L. 103-416, Sec. 219(gg), repealed Pub. L. 103-
    198, Sec. 8(a), which had made an amendment substantially
    identical to that made by Pub. L. 103-206, Sec. 323(a). See 1993
    Amendment note below.
      Subsec. (d)(3)(B). Pub. L. 103-416, Sec. 219(f), substituted
    "subparagraph (A)(iii)" for "subparagraph (A)".
      Subsec. (e). Pub. L. 103-416, Sec. 219(gg), repealed Pub. L. 103-
    198, Sec. 8(a), which had made an amendment substantially
    identical to that made by Pub. L. 103-206, Sec. 323(a). See 1993
    Amendment note below.
      1993 - Subsec. (a). Pub. L. 103-206, Sec. 323(b)(1), substituted
    "subsection (c), (d), or (e) of this section" for "subsection (c)
    of this section or subsection (d) of this section". Pub. L. 103-
    198, Sec. 8(b)(1), which amended subsec. (a) identically, was
    repealed by Pub. L. 103-416, Sec. 219(gg).
      Subsec. (c)(4)(A). Pub. L. 103-206, Sec. 323(b)(2), inserted "or
    subsection (d)(1) of this section" after "paragraph (1)" in two
    places. Pub. L. 103-198, Sec. 8(b)(2), which amended subpar. (A)
    identically, was repealed by Pub. L. 103-416, Sec. 219(gg).
      Subsec. (c)(5). Pub. L. 103-206, Sec. 323(b)(3), added par. (5).
    Pub. L. 103-198, Sec. 8(b)(3), which amended subsec. (c)
    identically, was repealed by Pub. L. 103-416, Sec. 219(gg).
      Subsecs. (d), (e). Pub. L. 103-206, Sec. 323(a), added subsec.
    (d) and redesignated former subsec. (d) as (e). Pub. L. 103-198,
    Sec. 8(a), which made substantially identical amendments to this
    section, was repealed by Pub. L. 103-416, Sec. 219(gg).
      1991 - Subsec. (c)(2)(B). Pub. L. 102-232 substituted "each list"
    for "each such list".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                              EFFECTIVE DATE                          
      Section applicable to services performed on or after 180 days
    after Nov. 29, 1990, see section 203(d) of Pub. L. 101-649, set out
    as an Effective Date of 1990 Amendment note under section 1101 of
    this title.

                                REGULATIONS                            
      Section 323(c) of Pub. L. 103-206 provided that:
      "(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) (8 U.S.C.
    1288(c)) with the Secretary of Labor before the date of enactment
    of this Act [Dec. 20, 1993] shall remain valid until 60 days after
    the date of issuance of final regulations by the Secretary under
    this section."
      Similar provisions were contained in Pub. L. 103-198, Sec. 8(c),
    Dec. 17, 1993, 107 Stat. 2315, prior to repeal by Pub. L. 103-416,
    title II, Sec. 219(gg), Oct. 25, 1994, 108 Stat. 4319.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
              INAPPLICABILITY OF AMENDMENT BY PUB. L. 101-649          
      Section 203(a)(2) of Pub. L. 101-649 provided that: "This section
    [enacting this section, amending section 1101 of this title, and
    enacting provisions set out as a note under section 1101 of this
    title] does not affect the performance of longshore work in the
    United States by citizens or nationals of the United States."

-FOOTNOTE-
    (!1) So in original. The word "at" probably should not appear.

-End-

-CITE-
    8 USC Part VII - Registration of Aliens                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
                     PART VII - REGISTRATION OF ALIENS                 

-End-

-CITE-
    8 USC Sec. 1301                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1301. Alien seeking entry; contents

-STATUTE-
      No visa shall be issued to any alien seeking to enter the United
    States until such alien has been registered in accordance with
    section 1201(b) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 261, 66 Stat. 223;
    Pub. L. 99-653, Sec. 8, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-
    525, Sec. 8(g), Oct. 24, 1988, 102 Stat. 2617.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 made technical correction to Pub. L. 99-
    653. See 1986 Amendment note below.
      1986 - Pub. L. 99-653, as amended by Pub. L. 100-525, amended
    section generally, striking out "and fingerprinted" after "has been
    registered" and substituting "section 1201(b) of this title" for
    "section 1201(b) of this title, unless such alien has been exempted
    from being fingerprinted as provided in that section".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to applications for
    immigrant visas made, and visas issued, on or after Nov. 14, 1986,
    see section 23(b) of Pub. L. 99-653, set out as a note under
    section 1201 of this title.

-End-

-CITE-
    8 USC Sec. 1302                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1302. Registration of aliens

-STATUTE-
      (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 section 1201(b) of this
    title or section 30 or 31 of the Alien Registration Act, 1940, and
    (3) remains in the United States for thirty days or longer, to
    apply for registration and to be fingerprinted before the
    expiration of such thirty days.
      (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 section
    1201(b) of this title or section 30 or 31 of the Alien Registration
    Act, 1940, and (3) remains in the United States for thirty days or
    longer, to apply for the registration of such alien before the
    expiration of such thirty days. Whenever any alien attains his
    fourteenth birthday in the United States he shall, within thirty
    days thereafter, apply in person for registration and to be
    fingerprinted.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 262, 66 Stat. 224;
    Pub. L. 99-653, Sec. 9, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-
    525, Sec. 8(h), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 103-416,
    title II, Sec. 219(n), Oct. 25, 1994, 108 Stat. 4317.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alien Registration Act, 1940, referred to in subsecs. (a) and
    (b), is act June 28, 1940, ch. 439, 54 Stat. 670, as amended.
    Sections 30 and 31 of that act were classified to sections 451 and
    452 of this title and were repealed by section 403(a)(39) of act
    June 27, 1952.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-416 substituted "subsections (a)
    and (b)" for "subsection (a) and (b)".
      1988 - Pub. L. 100-525 amended Pub. L. 99-653. See 1986 Amendment
    note below.
      1986 - Pub. L. 99-653, Sec. 9, as amended by Pub. L. 100-525,
    added subsec. (c). As originally enacted, Pub. L. 99-653, Sec. 9,
    amended subsec. (a) of this section by striking out "section
    1201(b) of this title or" after "registered and fingerprinted
    under". Pub. L. 100-525 revised Pub. L. 99-653, Sec. 9, so as to
    add subsec. (c) and eliminate the original amendment of subsec.
    (a), thereby restoring the words "section 1201(b) of this title
    or". See Effective Date of 1988 Amendment note below.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to applications for
    immigrant visas made, and visas issued, on or after Nov. 14, 1986,
    see section 23(b) of Pub. L. 99-653, set out as a note under
    section 1201 of this title.

                              EFFECTIVE DATE                          
      Section effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1303                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1303. Registration of special groups

-STATUTE-
      (a) Notwithstanding the provisions of sections 1301 and 1302 of
    this title, the Attorney General is authorized to prescribe special
    regulations and forms for the registration and fingerprinting of
    (1) alien crewmen, (2) holders of border-crossing identification
    cards, (3) aliens confined in institutions within the United
    States, (4) aliens under order of removal, (5) aliens who are or
    have been on criminal probation or criminal parole within the
    United States, and (6) aliens of any other class not lawfully
    admitted to the United States for permanent residence.
      (b) The provisions of section 1302 of this title and of this
    section shall not be applicable to any alien who is in the United
    States as a nonimmigrant under section 1101(a)(15)(A) or (a)(15)(G)
    of this title until the alien ceases to be entitled to such a
    nonimmigrant status.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 263, 66 Stat. 224;
    Pub. L. 104-208, div. C, title III, Secs. 308(e)(1)(J), 323, Sept.
    30, 1996, 110 Stat. 3009-619, 3009-629.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(4). Pub. L. 104-208, Sec. 308(e)(1)(J),
    substituted "removal" for "deportation".
      Subsec. (a)(5), (6). Pub. L. 104-208, Sec. 323, added cl. (5) and
    redesignated former cl. (5) as (6).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(e)(1)(J) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-End-

-CITE-
    8 USC Sec. 1304                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1304. Forms for registration and fingerprinting

-STATUTE-
    (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 section 1301 of this title, and the Attorney General
    is authorized and directed to prepare forms for the registration
    and fingerprinting of aliens under section 1302 of this title. Such
    forms shall contain inquiries with respect to (1) the date and
    place of entry of the alien into the United States; (2) activities
    in which he has been and intends to be engaged; (3) the length of
    time he expects to remain in the United States; (4) the police and
    criminal record, if any, of such alien; and (5) such additional
    matters as may be prescribed.
    (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 section 1357(f)(2) of this
    title, and (2) to such persons or agencies as may be designated by
    the Attorney General.
    (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.
    (f) Alien's social security account number
      Notwithstanding any other provision of law, the Attorney General
    is authorized to require any alien to provide the alien's social
    security account number for purposes of inclusion in any record of
    the alien maintained by the Attorney General or the Service.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 264, 66 Stat. 224;
    Pub. L. 99-653, Sec. 10, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-
    525, Sec. 8(i), Oct. 24, 1988, 102 Stat. 2617; Pub. L. 101-649,
    title V, Sec. 503(b)(2), Nov. 29, 1990, 104 Stat. 5049; Pub. L. 104-
    208, div. C, title IV, Sec. 415, Sept. 30, 1996, 110 Stat. 3009-
    669.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alien Registration Act, 1940, referred to in subsec. (d), is
    act June 28, 1940, ch. 439, 54 Stat. 670, as amended. Title III of
    that act, which related to register and fingerprinting of aliens,
    was classified to sections 451 to 460 of this title, was repealed
    by section 403(a)(39) of act June 27, 1952.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (f). Pub. L. 104-208 added subsec. (f).
      1990 - Subsec. (b). Pub. L. 101-649 inserted "(1) pursuant to
    section 1357(f)(2) of this title, and (2)" after "only".
      1988 - Subsec. (a). Pub. L. 100-525 amended Pub. L. 99-653. See
    1986 Amendment note below.
      1986 - Subsec. (a). Pub. L. 99-653, as amended by Pub. L. 100-
    525, amended first sentence generally, striking out "and
    fingerprinting" before "of aliens under section 1301".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to applications for
    immigrant visas made, and visas issued, on or after Nov. 14, 1986,
    see section 23(b) of Pub. L. 99-653, set out as a note under
    section 1201 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1305                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1305. Notices of change of address

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 265, 66 Stat. 225;
    Pub. L. 97-116, Sec. 11, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 100-
    525, Sec. 9(o), Oct. 24, 1988, 102 Stat. 2620.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 inserted "Notices of change of address" as
    section catchline.
      1981 - Pub. L. 97-116 amended section generally and in adding
    subsection designations struck out the annual registration
    requirement for permanent resident aliens and the registration
    requirement for those aliens in a lawful temporary residence who
    were to notify the Attorney General in writing of an address every
    three months while residing in the United States and inserted
    provision authorizing the Attorney General, in his discretion and
    upon ten days notice, to require the natives of any one or more
    foreign states who are in the United States and required to be
    registered under this subchapter, to notify the Attorney General of
    their current addresses and furnish such additional information as
    required.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1306                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VII - Registration of Aliens

-HEAD-
    Sec. 1306. Penalties

-STATUTE-
    (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 section 1305 of this title, shall be guilty of a
    misdemeanor and shall, upon conviction thereof, be fined not to
    exceed $200 or be imprisoned not more than thirty days, or both.
    Irrespective of whether an alien is convicted and punished as
    herein provided, any alien who fails to give written notice to the
    Attorney General, as required by section 1305 of this title, shall
    be taken into custody and removed in the manner provided by part IV
    of this subchapter, unless such alien establishes to the
    satisfaction of the Attorney General that such failure was
    reasonably excusable or was not willful.
    (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 removed in the manner
    provided in part IV 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 7, Sec. 266, 66 Stat. 225;
    Pub. L. 104-208, div. C, title III, Sec. 308(e)(2)(G), (g)(9)(A),
    Sept. 30, 1996, 110 Stat. 3009-620, 3009-624.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (b), (c). Pub. L. 104-208 substituted "removed"
    for "deported" and "part IV" for "Part V".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Part VIII - General Penalty Provisions                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
                  PART VIII - GENERAL PENALTY PROVISIONS              

-End-

-CITE-
    8 USC Sec. 1321                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1321. Prevention of unauthorized landing of aliens

-STATUTE-
    (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
    section 1223 of this title, bringing an alien to, or providing a
    means for an alien to come to, the United States (including an
    alien crewman whose case is not covered by section 1284(a) of this
    title) to prevent the landing of such alien in the United States at
    a port of entry other than as designated by the Attorney General or
    at any time or place other than as designated by the immigration
    officers. Any such person, owner, master, officer, or agent who
    fails to comply with the foregoing requirements shall be liable to
    a penalty to be imposed by the Attorney General of $3,000 for each
    such violation, which may, in the discretion of the Attorney
    General, be remitted or mitigated by him in accordance with such
    proceedings as he shall by regulation prescribe. Such penalty shall
    be a lien upon the vessel or aircraft whose owner, master, officer,
    or agent violates the provisions of this section, and such vessel
    or aircraft may be libeled therefor in the appropriate United
    States court.
    (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).

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 271, 66 Stat. 226;
    Pub. L. 99-603, title I, Sec. 114, Nov. 6, 1986, 100 Stat. 3383;
    Pub. L. 101-649, title V, Sec. 543(a)(8), Nov. 29, 1990, 104 Stat.
    5058; Pub. L. 104-208, div. C, title III, Sec. 308(g)(1), Sept. 30,
    1996, 110 Stat. 3009-622.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208 substituted "section 1223"
    for "section 1228".
      1990 - Subsec. (a). Pub. L. 101-649 substituted "$3,000" for
    "$1,000".
      1986 - Subsec. (c). Pub. L. 99-603 added subsec. (c).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1322                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1322. Bringing in aliens subject to denial of admission on a
      health-related ground; persons liable; clearance papers;
      exceptions; "person" defined

-STATUTE-
      (a) Any person who shall bring to the United States an alien
    (other than an alien crewman) who is inadmissible under section
    1182(a)(1) of this title shall pay to the Commissioner for each and
    every alien so afflicted the sum of $3,000 unless (1) the alien was
    in possession of a valid, unexpired immigrant visa, or (2) the
    alien was allowed to land in the United States, or (3) the alien
    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
    (A) 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 (B) 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 such person establishes to the satisfaction of the
    Attorney General that the existence of the condition causing
    inadmissibility could not have been detected by the exercise of due
    diligence prior to the alien's embarkation.
      (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 provisions of section 1182(a) of this title.
      (d) As used in this section, the term "person" means the owner,
    master, agent, commanding officer, charterer, or consignee of any
    vessel or aircraft.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 272, 66 Stat. 226;
    Pub. L. 89-236, Sec. 18, Oct. 3, 1965, 79 Stat. 920; Pub. L. 101-
    649, title V, Sec. 543(a)(9), title VI, Sec. 603(a)(15), Nov. 29,
    1990, 104 Stat. 5058, 5083; Pub. L. 102-232, title III, Sec.
    307(l)(7), Dec. 12, 1991, 105 Stat. 1757; Pub. L. 103-416, title
    II, Sec. 219(o), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-208,
    div. C, title III, Sec. 308(d)(3)(A), (4)(I)(i), Sept. 30, 1996,
    110 Stat. 3009-617, 3009-618.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(I), amended section
    catchline.
      Subsec. (a). Pub. L. 104-208, Sec. 308(d)(3)(A), (4)(I)(i)(II),
    substituted "inadmissible" for "excludable" and "condition causing
    inadmissibility" for "excluding condition".
      Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(I)(i)(III), struck
    out "excluding" after "exemption from the".
      1994 - Subsec. (a). Pub. L. 103-416 struck out comma after "every
    alien so afflicted".
      1991 - Subsec. (a). Pub. L. 102-232 struck out comma before
    "shall pay".
      1990 - Pub. L. 101-649, Sec. 603(a)(15)(D), substituted
    "exclusion on a health-related ground" for "disability or afflicted
    with disease" in section catchline.
      Subsec. (a). Pub. L. 101-649, Sec. 603(a)(15)(A), substituted
    "excludable under section 1182(a)(1) of this title" for "(1)
    mentally retarded, (2) insane, (3) afflicted with psychopathic
    personality, or with sexual deviation, (4) a chronic alcoholic, (5)
    afflicted with any dangerous contagious disease, or (6) a narcotic
    drug addict" and "the excluding condition" for "such disease or
    disability".
      Pub. L. 101-649, Sec. 543(a)(9)(A), substituted "Commissioner"
    for "collector of customs of the customs district in which the
    place of arrival is located" and "$3,000" for "$1,000".
      Subsec. (b). Pub. L. 101-649, Sec. 603(a)(15)(B), (C),
    redesignated subsec. (c) as (b) and struck out former subsec. (b)
    which read as follows: "Any person who shall bring to the United
    States an alien (other than an alien crewman) afflicted with any
    mental defect other than those enumerated in subsection (a) of this
    section, or any physical defect of a nature which may affect his
    ability to earn a living, as provided in section 1182(a)(7) of this
    title, shall pay to the Commissioner for each and every alien so
    afflicted, the sum of $3,000, unless (1) the alien was in
    possession of a valid, unexpired immigrant visa, or (2) the alien
    was allowed to land in the United States, or (3) the alien 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 (A)
    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 (B) 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
    such person establishes to the satisfaction of the Attorney General
    that the existence of such disease or disability could not have
    been detected by the exercise of due diligence prior to the alien's
    embarkation."
      Pub. L. 101-649, Sec. 543(a)(9)(B), substituted "Commissioner"
    for "collector of customs of the customs district in which the
    place of arrival is located" and "$3,000" for "$250".
      Subsec. (c). Pub. L. 101-649, Sec. 603(a)(15)(C), redesignated
    subsec. (d) as (c). Former subsec. (c) redesignated (b).
      Pub. L. 101-649, Sec. 543(a)(9)(C), substituted "Commissioner"
    for "collector of customs".
      Subsecs. (d), (e). Pub. L. 101-649, Sec. 603(a)(15)(C),
    redesignated subsec. (e) as (d). Former subsec. (d) redesignated
    (c).
      1965 - Subsec. (a). Pub. L. 89-236 substituted "mentally
    retarded" for "feeble-minded", struck out references to epileptics
    and persons afflicted with tuberculosis and leprosy, and inserted
    reference to persons afflicted with sexual deviation.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 307(l) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 603(a)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 543(a)(9) of Pub. L. 101-649 applicable to
    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
    101-649, set out as a note under section 1221 of this title.
      Amendment by section 603(a)(15) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      Amendment by Pub. L. 89-236 effective, except as otherwise
    provided, on first day of first month after expiration of thirty
    days following date of enactment of Pub. L. 89-236, which was
    approved on Oct. 3, 1965, see section 20 of Pub. L. 89-236, set out
    as a note under section 1151 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1323                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1323. Unlawful bringing of aliens into United States

-STATUTE-
    (a) Persons liable
      (1) 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.
      (2) It is unlawful for an owner, agent, master, commanding
    officer, person in charge, purser, or consignee of a vessel or
    aircraft who is bringing an alien (except an alien crewmember) to
    the United States to take any consideration to be kept or returned
    contingent on whether an alien is admitted to, or ordered removed
    from, the United States.
    (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 remains 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) Repealed. Pub. L. 104-208, div. C, title III, Sec. 308(e)(13),
      Sept. 30, 1996, 110 Stat. 3009-620
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 273, 66 Stat. 227;
    Pub. L. 101-649, title II, Sec. 201(b), title V, Sec. 543(a)(10),
    Nov. 29, 1990, 104 Stat. 5014, 5058; Pub. L. 102-232, title III,
    Sec. 306(c)(4)(D), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 103-416,
    title II, Secs. 209(a), 216, 219(p), Oct. 25, 1994, 108 Stat. 4312,
    4315, 4317; Pub. L. 104-208, div. C, title III, Secs. 308(c)(3),
    (e)(13), 371(b)(8), title VI, Sec. 671(b)(6), (7), Sept. 30, 1996,
    110 Stat. 3009-616, 3009-620, 3009-645, 3009-722.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(c)(3), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (b). Pub. L. 104-208, Sec. 671(b)(7), made technical
    amendment to directory language of Pub. L. 103-416, Sec. 209(a)(1).
    See 1994 Amendment note below.
      Pub. L. 104-208, Sec. 671(b)(6), substituted "remains" for
    "remain".
      Subsec. (d). Pub. L. 104-208, Sec. 371(b)(8), substituted
    "immigration judges" for "special inquiry officers".
      Pub. L. 104-208, Sec. 308(e)(13), struck out subsec. (d) which
    read as follows: "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 section 1225 of this title for
    detention of aliens for examination before immigration judges and
    the right of appeal provided for in section 1226 of this title
    shall not apply to aliens who arrive as stowaways and no such alien
    shall be permitted to land in the United States, except temporarily
    for medical treatment, or pursuant to such regulations as the
    Attorney General may prescribe for the ultimate departure or
    removal or deportation of such alien from the United States."
      1994 - Subsec. (b). Pub. L. 103-416, Sec. 219(p), in first
    sentence substituted "Commissioner" for "collector of customs"
    before "to the alien".
      Pub. L. 103-416, Sec. 209(a)(1), as amended by Pub. L. 104-208,
    Sec. 671(b)(7), substituted "a fine of $3,000" for "the sum of
    $3,000".
      Pub. L. 103-416, Sec. 209(a)(2), (4), in first sentence
    substituted "an amount equal to" for "a sum equal to" and "such
    latter fine" for "such latter sum", and in second sentence
    substituted "such fine or while such fine" for "such sums or while
    such sums" and "cover such fine" for "cover such sums".
      Subsec. (c). Pub. L. 103-416, Sec. 209(a)(4), (5), substituted
    "Except as provided in subsection (e) of this section, such fine"
    for "Such sums".
      Subsec. (d). Pub. L. 103-416, Sec. 216, amended first sentence
    generally. Prior to amendment, first sentence read as follows: "The
    owner, charterer, agent, consignee, commanding officer, or master
    of any vessel or aircraft arriving at the United States from any
    place outside thereof who fails to detain on board or at such other
    place as may be designated by an immigration officer any alien
    stowaway until such stowaway has been inspected by an immigration
    officer, or who fails to detain such stowaway on board or at such
    other designated place after inspection if ordered to do so by an
    immigration officer, or who fails to deport such stowaway on the
    vessel or aircraft on which he arrived or on another vessel or
    aircraft at the expense of the vessel or aircraft on which he
    arrived when required to do so by an immigration officer, shall pay
    to the Commissioner the sum of $3,000 for each alien stowaway, in
    respect of whom any such failure occurs."
      Pub. L. 103-416, Sec. 209(a)(1), which directed that subsec. (d)
    be amended by substituting "a fine of $3,000" for "the sum of
    $3000", was executed in the first sentence by making the
    substitution for "the sum of $3,000", to reflect the probable
    intent of Congress.
      Pub. L. 103-416, Sec. 209(a)(3), in second sentence substituted
    "an amount" for "a sum" before "sufficient to cover such fine".
      Subsec. (e). Pub. L. 103-416, Sec. 209(a)(6), added subsec. (e).
      1991 - Subsec. (b). Pub. L. 102-232 substituted "Commissioner"
    for "collector of customs" before period at end of second sentence.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 201(b)(1), inserted "a
    valid passport and" before "an unexpired visa".
      Subsec. (b). Pub. L. 101-649, Sec. 543(a)(10)(A), substituted
    "Commissioner the sum of $3,000" for "collector of customs of the
    customs district in which the port of arrival is located the sum of
    $1,000".
      Subsec. (c). Pub. L. 101-649, Sec. 201(b)(2), inserted "valid
    passport or" before "visa was required".
      Subsec. (d). Pub. L. 101-649, Sec. 543(a)(10)(B), substituted
    "Commissioner the sum of $3,000" for "collector of customs of the
    customs district in which the port of arrival is located the sum of
    $1,000" in first sentence and "Commissioner" for "collector of
    customs" in second sentence.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(c)(3), (e)(13) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Amendment by section 371(b)(8) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Amendment by section 671(b)(6), (7) of Pub. L. 104-208 effective
    as if included in the enactment of the Immigration and Nationality
    Technical Corrections Act of 1994, Pub. L. 103-416, see section
    671(b)(14) of Pub. L. 104-208, set out as a note under section 1101
    of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 209(b) of Pub. L. 103-416, as amended by Pub. L. 104-208,
    div. C, title VI, Sec. 671(b)(8), Sept. 30, 1996, 110 Stat. 3009-
    722, provided that: "The amendments made by this section [amending
    this section] shall apply with respect to aliens brought to the
    United States more than 60 days after the date of enactment of this
    Act [Oct. 25, 1994]."
      Amendment by section 219(p) of Pub. L. 103-416 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 219(dd) of Pub. L. 103-416, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 543(a)(10) of Pub. L. 101-649 applicable to
    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
    101-649, set out as a note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1324                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1324. Bringing in and harboring certain aliens

-STATUTE-
    (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;
        (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; or
        (v)(I) engages in any conspiracy to commit any of the preceding
      acts, or
        (II) aids or abets the commission of any of the preceding acts,

    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) or (v)(I)
      or in the case of a violation of subparagraph (A)(ii), (iii), or
      (iv) in which the offense was done for the purpose of commercial
      advantage or private financial gain, 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),
      (iv), or (v)(II), 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), (iv), or (v) during and in relation to which the person
      causes serious bodily injury (as defined in section 1365 of title
      18) to, or places in jeopardy the life of, any person, be fined
      under title 18, imprisoned not more than 20 years, or both; and
        (iv) in the case of a violation of subparagraph (A)(i), (ii),
      (iii), (iv), or (v) 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.

      (C) It is not a violation of clauses (!1) (ii) or (iii) of
    subparagraph (A), or of clause (iv) of subparagraph (A) except
    where a person encourages or induces an alien to come to or enter
    the United States, for a religious denomination having a bona fide
    nonprofit, religious organization in the United States, or the
    agents or officers of such denomination or organization, to
    encourage, invite, call, allow, or enable an alien who is present
    in the United States to perform the vocation of a minister or
    missionary for the denomination or organization in the United
    States as a volunteer who is not compensated as an employee,
    notwithstanding the provision of room, board, travel, medical
    assistance, and other basic living expenses, provided the minister
    or missionary has been a member of the denomination for at least
    one year.

      (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 alien in respect to whom a
    violation of this paragraph occurs - 
        (A) be fined in accordance with title 18 or imprisoned not more
      than one year, or both; or
        (B) in the case of - 
          (i) an offense committed with the intent or with reason to
        believe that the alien unlawfully brought into the United
        States will commit an offense against the United States or any
        State punishable by imprisonment for more than 1 year,
          (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 under title 18 and shall be imprisoned, in the case of a
      first or second violation of subparagraph (B)(iii), not more than
      10 years, in the case of a first or second violation of
      subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10
      years, and for any other violation, not less than 5 nor more than
      15 years.

      (3)(A) Any person who, during any 12-month period, knowingly
    hires for employment at least 10 individuals with actual knowledge
    that the individuals are aliens described in subparagraph (B) shall
    be fined under title 18 or imprisoned for not more than 5 years, or
    both.
      (B) An alien described in this subparagraph is an alien who - 
        (i) is an unauthorized alien (as defined in section 1324a(h)(3)
      of this title), and
        (ii) has been brought into the United States in violation of
      this subsection.

      (4) In the case of a person who has brought aliens into the
    United States in violation of this subsection, the sentence
    otherwise provided for may be increased by up to 10 years if - 
        (A) the offense was part of an ongoing commercial organization
      or enterprise;
        (B) aliens were transported in groups of 10 or more; and
        (C)(i) aliens were transported in a manner that endangered
      their lives; or
        (ii) the aliens presented a life-threatening health risk to
      people in the United States.
    (b) Seizure and forfeiture
      (1) In general
        Any conveyance, including any vessel, vehicle, or aircraft,
      that has been or is being used in the commission of a violation
      of subsection (a) of this section, the gross proceeds of such
      violation, and any property traceable to such conveyance or
      proceeds, shall be seized and subject to forfeiture.
      (2) Applicable procedures
        Seizures and forfeitures under this subsection shall be
      governed by the provisions of chapter 46 of title 18 relating to
      civil forfeitures, including section 981(d) of such title, except
      that such duties as are imposed upon the Secretary of the
      Treasury under the customs laws described in that section shall
      be performed by such officers, agents, and other persons as may
      be designated for that purpose by the Attorney General.
      (3) Prima facie evidence in determinations of violations
        In determining whether a violation of subsection (a) of this
      section has occurred, 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.
    (d) Admissibility of videotaped witness testimony
      Notwithstanding any provision of the Federal Rules of Evidence,
    the videotaped (or otherwise audiovisually preserved) deposition of
    a witness to a violation of subsection (a) of this section who has
    been deported or otherwise expelled from the United States, or is
    otherwise unable to testify, may be admitted into evidence in an
    action brought for that violation if the witness was available for
    cross examination and the deposition otherwise complies with the
    Federal Rules of Evidence.
    (e) Outreach program
      The Secretary of Homeland Security, in consultation with the
    Attorney General and the Secretary of State, as appropriate, shall
    develop and implement an outreach program to educate the public in
    the United States and abroad about the penalties for bringing in
    and harboring aliens in violation of this section.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274, 66 Stat. 228;
    Pub. L. 95-582, Sec. 2, Nov. 2, 1978, 92 Stat. 2479; Pub. L. 97-
    116, Sec. 12, Dec. 29, 1981, 95 Stat. 1617; Pub. L. 99-603, title
    I, Sec. 112, Nov. 6, 1986, 100 Stat. 3381; Pub. L. 100-525, Sec.
    2(d), Oct. 24, 1988, 102 Stat. 2610; Pub. L. 103-322, title VI,
    Sec. 60024, Sept. 13, 1994, 108 Stat. 1981; Pub. L. 104-208, div.
    C, title II, Secs. 203(a)-(d), 219, title VI, Sec. 671(a)(1), Sept.
    30, 1996, 110 Stat. 3009-565, 3009-566, 3009-574, 3009-720; Pub. L.
    106-185, Sec. 18(a), Apr. 25, 2000, 114 Stat. 222; Pub. L. 108-458,
    title V, Sec. 5401, Dec. 17, 2004, 118 Stat. 3737; Pub. L. 109-97,
    title VII, Sec. 796, Nov. 10, 2005, 119 Stat. 2165.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Evidence, referred to in subsec. (d), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(1)(C). Pub. L. 109-97 added subpar. (C).
      2004 - Subsec. (a)(4). Pub. L. 108-458, Sec. 5401(a), added par.
    (4).
      Subsec. (e). Pub. L. 108-458, Sec. 5401(b), added subsec. (e).
      2000 - Subsec. (b). Pub. L. 106-185 inserted heading and amended
    text of subsec. (b) generally, substituting present provisions for
    provisions relating to conveyances subject to seizure and
    forfeiture, exceptions, officers and authorized persons,
    disposition of forfeited conveyances, and suits and actions.
      1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 671(a)(1), made
    technical amendment to directory language of Pub. L. 103-322, Sec.
    60024(1)(F). See 1994 Amendment note below.
      Subsec. (a)(1)(A)(v). Pub. L. 104-208, Sec. 203(b)(1), which
    directed the amendment of subsec. (a)(1)(A) by adding cl. (v) at
    end, was executed by adding cl. (v) after cl. (iv), to reflect the
    probable intent of Congress.
      Subsec. (a)(1)(B)(i). Pub. L. 104-208, Sec. 203(a), (b)(2)(A),
    inserted "or (v)(I) or in the case of a violation of subparagraph
    (A)(ii), (iii), or (iv) in which the offense was done for the
    purpose of commercial advantage or private financial gain" after
    "subparagraph (A)(i)".
      Subsec. (a)(1)(B)(ii). Pub. L. 104-208, Sec. 203(b)(2)(B),
    substituted "(iv), or (v)(II)" for "or (iv)".
      Subsec. (a)(1)(B)(iii), (iv). Pub. L. 104-208, Sec. 203(b)(2)(C),
    (D), substituted "(iv), or (v)" for "or (iv)".
      Subsec. (a)(2). Pub. L. 104-208, Sec. 203(d), substituted "for
    each alien in respect to whom a violation of this paragraph occurs"
    for "for each transaction constituting a violation of this
    paragraph, regardless of the number of aliens involved" in
    introductory provisions.
      Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 203(b)(3), in concluding
    provisions, substituted "be fined under title 18 and shall be
    imprisoned, in the case of a first or second violation of
    subparagraph (B)(iii), not more than 10 years, in the case of a
    first or second violation of subparagraph (B)(i) or (B)(ii), not
    less than 3 nor more than 10 years, and for any other violation,
    not less than 5 nor more than 15 years." for "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.."
      Subsec. (a)(2)(B)(i). Pub. L. 104-208, Sec. 203(c), amended cl.
    (i) generally. Prior to amendment, cl. (i) read as follows: "a
    second or subsequent offense,".
      Subsec. (a)(3). Pub. L. 104-208, Sec. 203(b)(4), added par. (3).
      Subsec. (d). Pub. L. 104-208, Sec. 219, added subsec. (d).
      1994 - Subsec. (a)(1). Pub. L. 103-322, Sec. 60024(1)(F), as
    amended by Pub. L. 104-208, Sec. 671(a)(1), substituted "shall be
    punished as provided in subparagraph (B)" for "shall be fined in
    accordance with title 18, United States Code, or imprisoned not
    more than five years, or both, for each alien in respect to whom
    any violation of this paragraph occurs" in concluding provisions.
      Pub. L. 103-322, Sec. 60024(1)(A)-(E), (G), designated existing
    provisions of par. (1) as subpar. (A) of par. (1), redesignated
    subpars. (A) to (D) of former par. (1) as cls. (i) to (iv),
    respectively, of subpar. (A), and added subpar. (B).
      Subsec. (a)(2)(B). Pub. L. 103-322, Sec. 60024(2), in concluding
    provisions, substituted "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." for "or imprisoned not
    more than five years, or both".
      1988 - Subsec. (a)(1). Pub. L. 100-525, Sec. 2(d)(1), in closing
    provisions substituted "or imprisoned" for "imprisoned" and "this
    paragraph" for "this subsection".
      Subsec. (b)(4)(C), (5). Pub. L. 100-525, Sec. 2(d)(2), amended
    Pub. L. 99-603, Sec. 112(b)(5), (8). See 1986 Amendment note below.
      1986 - Subsec. (a). Pub. L. 99-603, Sec. 112(a), amended subsec.
    (a) generally. Prior to amendment, subsec. (a) read as follows:
    "Any person, including the owner, operator, pilot, master,
    commanding officer, agent, or consignee of any means of
    transportation who - 
        "(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). Pub. L. 99-603, Sec. 112(b)(1), (2), substituted
    "has been or is being used" for "is used" and "seized and subject
    to" for "subject to seizure and" in provisions preceding subpar.
    (A).
      Subsec. (b)(2). Pub. L. 99-603, Sec. 112(b)(3), inserted "or is
    being" after "has been".
      Subsec. (b)(3). Pub. L. 99-603, Sec. 112(b)(4), substituted
    "property" for "conveyances".
      Subsec. (b)(4)(C). Pub. L. 99-603, Sec. 112(b)(5), as amended by
    Pub. L. 100-525, Sec. 2(d)(2)(A), inserted ", or the Maritime
    Administration if appropriate under section 484(i) of title 40,".
      Subsec. (b)(4)(D). Pub. L. 99-603, Sec. 112(b)(6), added subpar.
    (D).
      Subsec. (b)(5). Pub. L. 99-603, Sec. 112(b)(7)-(9), as amended by
    Pub. L. 100-525, Sec. 2(d)(2)(B), substituted ", except that" for
    ": Provided, That" in provisions preceding subpar. (A), substituted
    "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" for
    "was not lawfully entitled to enter, or reside within, the United
    States" wherever appearing, inserted "or of the Department of
    State" in subpar. (B), and substituted "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" for "was not entitled to enter,
    or reside within, the United States" in subpar. (C).
      1981 - Subsec. (b). Pub. L. 97-116 strengthened the seizure and
    forfeiture authority by striking out the "innocent owner" exemption
    and merely requiring the Government to show probable cause that the
    conveyance seized has been used to illegally transport aliens,
    which when demonstrated, shifts the burden of proof to the owner or
    claimant to show by a preponderance of the evidence that the
    conveyance was not illegally used, by relieving the Government of
    the obligation to pay any administrative and incidental costs
    incurred by a successful claimant provided probable cause for the
    original seizure was demonstrated, and by striking out the
    requirement that the Government satisfy any valid lien or third
    party interest in the conveyance without expense to the interest
    holder by providing the lienholders interest be satisfied only
    after costs associated with the seizure have been deducted.
      1978 - Subsecs. (b), (c). Pub. L. 95-582 added subsec. (b) and
    redesignated former subsec. (b) as (c).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-185, Sec. 21, Apr. 25, 2000, 114 Stat. 225, provided
    that: "Except as provided in section 14(c) [set out as an Effective
    Date note under section 2466 of title 28, Judiciary and Judicial
    Procedure], this Act [see Short Title of 2000 Amendment note set
    out under section 981 of Title 18, Crimes and Criminal Procedure]
    and the amendments made by this Act shall apply to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    the date of the enactment of this Act [Apr. 25, 2000]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 203(f) of div. C of Pub. L. 104-208 provided that: "This
    section [amending this section and enacting provisions set out as a
    note under section 994 of Title 28, Judiciary and Judicial
    Procedure] and the amendments made by this section shall apply with
    respect to offenses occurring on or after the date of the enactment
    of this Act [Sept. 30, 1996]."
      Amendment by section 671(a)(1) of Pub. L. 104-208 effective as if
    included in the enactment of the Violent Crime Control and Law
    Enforcement Act of 1994, Pub. L. 103-322, see section 671(a)(7) of
    Pub. L. 104-208, set out as a note under section 1101 of this
    title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "clause".

-End-

-CITE-
    8 USC Sec. 1324a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1324a. Unlawful employment of aliens

-STATUTE-
    (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 section 1802 of title 29), to
        hire, or to recruit or refer for a fee, for employment in the
        United States an individual without complying with the
        requirements of subsection (b) of this section.
      (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.
      (6) Treatment of documentation for certain employees
        (A) In general
          For purposes of this section, if - 
            (i) an individual is a member of a collective-bargaining
          unit and is employed, under a collective bargaining agreement
          entered into between one or more employee organizations and
          an association of two or more employers, by an employer that
          is a member of such association, and
            (ii) within the period specified in subparagraph (B),
          another employer that is a member of the association (or an
          agent of such association on behalf of the employer) has
          complied with the requirements of subsection (b) of this
          section with respect to the employment of the individual,

        the subsequent employer shall be deemed to have complied with
        the requirements of subsection (b) of this section with respect
        to the hiring of the employee and shall not be liable for civil
        penalties described in subsection (e)(5) of this section.
        (B) Period
          The period described in this subparagraph is 3 years, or, if
        less, the period of time that the individual is authorized to
        be employed in the United States.
        (C) Liability
          (i) In general
            If any employer that is a member of an association hires
          for employment in the United States an individual and relies
          upon the provisions of subparagraph (A) to comply with the
          requirements of subsection (b) of this section and the
          individual is an alien not authorized to work in the United
          States, then for the purposes of paragraph (1)(A), subject to
          clause (ii), the employer shall be presumed to have known at
          the time of hiring or afterward that the individual was an
          alien not authorized to work in the United States.
          (ii) Rebuttal of presumption
            The presumption established by clause (i) may be rebutted
          by the employer only through the presentation of clear and
          convincing evidence that the employer did not know (and could
          not reasonably have known) that the individual at the time of
          hiring or afterward was an alien not authorized to work in
          the United States.
          (iii) Exception
            Clause (i) shall not apply in any prosecution under
          subsection (f)(1) of this section.
      (7) Application to Federal Government
        For purposes of this section, the term "entity" includes an
      entity in any branch of the Federal Government.
    (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).

        Such attestation may be manifested by either a hand-written or
        an electronic signature. 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; (!1)

            (ii) resident alien card, alien registration card, or other
          document designated by the Attorney General, if the document -
           
              (I) contains a photograph of the individual and such
            other personal identifying information relating to the
            individual as the Attorney General finds, by regulation,
            sufficient for purposes of this subsection,
              (II) is evidence of authorization of employment in the
            United States, and
              (III) contains security features to make it resistant to
            tampering, counterfeiting, and fraudulent use.
        (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); or
            (ii) 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.
        (E) Authority to prohibit use of certain documents
          If the Attorney General finds, by regulation, that any
        document described in subparagraph (B), (C), or (D) as
        establishing employment authorization or identity does not
        reliably establish such authorization or identity or is being
        used fraudulently to an unacceptable degree, the Attorney
        General may prohibit or place conditions on its use for
        purposes of this subsection.
      (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.
      Such attestation may be manifested by either a hand-written or an
      electronic signature.
      (3) Retention of verification form
        After completion of such form in accordance with paragraphs (1)
      and (2), the person or entity must retain a paper, microfiche,
      microfilm, or electronic version of 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 sections 1001, 1028, 1546, and
      1621 of title 18.
      (6) Good faith compliance
        (A) In general
          Except as provided in subparagraphs (B) and (C), a person or
        entity is considered to have complied with a requirement of
        this subsection notwithstanding a technical or procedural
        failure to meet such requirement if there was a good faith
        attempt to comply with the requirement.
        (B) Exception if failure to correct after notice
          Subparagraph (A) shall not apply if - 
            (i) the Service (or another enforcement agency) has
          explained to the person or entity the basis for the failure,
            (ii) the person or entity has been provided a period of not
          less than 10 business days (beginning after the date of the
          explanation) within which to correct the failure, and
            (iii) the person or entity has not corrected the failure
          voluntarily within such period.
        (C) Exception for pattern or practice violators
          Subparagraph (A) shall not apply to a person or entity that
        has or is engaging in a pattern or practice of violations of
        subsection (a)(1)(A) or (a)(2) of this section.
    (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 sections 1001,
        1028, 1546, and 1621 of title 18.
        (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 sections 1001,
        1028, 1546, and 1621 of title 18) nor to be carried on one's
        person.
      (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 [42 U.S.C. 301 et
          seq.], including any change requiring that the only social
          security account number cards which may be presented in order
          to comply with subsection (b)(1)(C)(i) of this section are
          such cards as are in a counterfeit-resistant form consistent
          with the second sentence of section 205(c)(2)(D) of the
          Social Security Act [42 U.S.C. 405(c)(2)(D)].
        (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 [42 U.S.C. 301 et
        seq.].
      (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,
          (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, and
          (C) immigration officers designated by the Commissioner may
        compel by subpoena the attendance of witnesses and the
        production of evidence at any designated place prior to the
        filing of a complaint in a case under paragraph (2).

      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 section 554 of title 5. The
        hearing shall be held at the nearest practicable place to the
        place where the person or entity resides or of the place where
        the alleged violation occurred. If no hearing is so requested,
        the Attorney General's imposition of the order shall constitute
        a final and unappealable order.
        (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 either (A) within 30 days, an official delegated
      by regulation to exercise review authority over the decision and
      order modifies or vacates the decision and order, or (B) within
      30 days of the date of such a modification or vacation (or within
      60 days of the date of decision and order of an administrative
      law judge if not so modified or vacated) the decision and order
      is referred to the Attorney General pursuant to regulations, in
      which case the decision and order of the Attorney General shall
      become the final agency decision and 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274A, as added Pub.
    L. 99-603, title I, Sec. 101(a)(1), Nov. 6, 1986, 100 Stat. 3360;
    amended Pub. L. 100-525, Sec. 2(a)(1), Oct. 24, 1988, 102 Stat.
    2609; Pub. L. 101-649, title V, Secs. 521(a), 538(a), Nov. 29,
    1990, 104 Stat. 5053, 5056; Pub. L. 102-232, title III, Secs.
    306(b)(2), 309(b)(11), Dec. 12, 1991, 105 Stat. 1752, 1759; Pub. L.
    103-416, title II, Secs. 213, 219(z)(4), Oct. 25, 1994, 108 Stat.
    4314, 4318; Pub. L. 104-208, div. C, title III, Sec. 379(a), title
    IV, Secs. 411(a), 412(a)-(d), 416, Sept. 30, 1996, 110 Stat. 3009-
    649, 3009-666 to 3009-669; Pub. L. 108-390, Sec. 1(a), Oct. 30,
    2004, 118 Stat. 2242.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (d)(3)(D)(iii),
    (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which
    is classified generally to chapter 7 (Sec. 301 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see section 1305 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(A). Pub. L. 108-390, Sec. 1(a)(1), inserted
    "Such attestation may be manifested by either a hand-written or an
    electronic signature." before "A person or entity has complied" in
    concluding provisions.
      Subsec. (b)(2). Pub. L. 108-390, Sec. 1(a)(2), inserted at end
    "Such attestation may be manifested by either a hand-written or an
    electronic signature."
      Subsec. (b)(3). Pub. L. 108-390, Sec. 1(a)(3), inserted "a paper,
    microfiche, microfilm, or electronic version of" after "must
    retain" in introductory provisions.
      1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 412(b), added par.
    (6).
      Subsec. (a)(7). Pub. L. 104-208, Sec. 412(d), added par. (7).
      Subsec. (b)(1)(B). Pub. L. 104-208, Sec. 412(a)(1)(A), (B),
    redesignated cl. (v) as (ii), substituted ", alien registration
    card, or other document designated by the Attorney General, if the
    document" for "or other alien registration card, if the card" in
    introductory provisions of that cl., and struck out former cls.
    (ii) to (iv) which read as follows:
      "(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".
      Subsec. (b)(1)(B)(ii). Pub. L. 104-208, Sec. 412(a)(1)(C), in
    subcl. (I), substituted "and" for "or" before "such other personal"
    and struck out "and" at end, in subcl. (II), substituted ", and"
    for the period at end, and added subcl. (III).
      Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 412(a)(2), inserted "or"
    at end of cl. (i), redesignated cl. (iii) as (ii), and struck out
    former cl. (ii) which read as follows: "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".
      Subsec. (b)(1)(E). Pub. L. 104-208, Sec. 412(a)(3), added subpar.
    (E).
      Subsec. (b)(6). Pub. L. 104-208, Sec. 411(a), added par. (6).
      Subsec. (e)(2)(C). Pub. L. 104-208, Sec. 416, added subpar. (C).
      Subsec. (e)(7). Pub. L. 104-208, Sec. 379(a)(2), substituted "the
    final agency decision and order under this subsection" for "a final
    order under this subsection".
      Pub. L. 104-208, Sec. 379(a)(1), substituted "unless either (A)
    within 30 days, an official delegated by regulation to exercise
    review authority over the decision and order modifies or vacates
    the decision and order, or (B) within 30 days of the date of such a
    modification or vacation (or within 60 days of the date of decision
    and order of an administrative law judge if not so modified or
    vacated) the decision and order is referred to the Attorney General
    pursuant to regulations" for "unless, within 30 days, the Attorney
    General modifies or vacates the decision and order".
      Subsecs. (i) to (n). Pub. L. 104-208, Sec. 412(c), struck out
    subsec. (i) which provided effective dates for implementation of
    this section, subsec. (j) which required General Accounting Office
    reports on implementation of this section, subsec. (k) which
    established a taskforce to review reports, subsec. (l) which
    provided a termination date for employer sanctions under this
    section upon finding of widespread discrimination in implementing
    this section, and subsecs. (m) and (n) which provided for expedited
    procedures in House of Representatives and Senate for considering
    resolutions to approve findings in the reports.
      1994 - Subsec. (b)(3). Pub. L. 103-416, Sec. 219(z)(4), made
    technical correction to Pub. L. 102-232, Sec. 306(b)(2). See 1991
    Amendment note below.
      Subsec. (d)(4)(A). Pub. L. 103-416, Sec. 213, substituted "five"
    for "three" in second sentence.
      1991 - Subsec. (b)(1)(D)(ii). Pub. L. 102-232, Sec. 309(b)(11),
    substituted "clause (i)" for "clause (ii)".
      Subsec. (b)(3). Pub. L. 102-232, Sec. 306(b)(2), as amended by
    Pub. L. 103-416, Sec. 219(z)(4), made technical correction to Pub.
    L. 101-649, Sec. 538(a). See 1990 Amendment note below.
      1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 521(a), struck out
    "to hire, or to recruit or refer for a fee, for employment in the
    United States" after "or other entity" in introductory provisions,
    inserted "to hire, or to recruit or refer for a fee, for employment
    in the United States" after "(A)" in subpar. (A), and inserted "(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
    section 1802 of title 29), to hire, or to recruit or refer for a
    fee, for employment in the United States" after "(B)" in subpar.
    (B).
      Subsec. (b)(3). Pub. L. 101-649, Sec. 538(a), as amended by Pub.
    L. 102-232, Sec. 306(b)(2), as amended by Pub. L. 103-416, Sec.
    219(z)(4), inserted ", the Special Counsel for Immigration-Related
    Unfair Employment Practices," after "officers of the Service".
      1988 - Subsec. (b)(1)(A). Pub. L. 100-525, Sec. 2(a)(1)(A),
    substituted "the first sentence of this paragraph" for "such
    sentence" and "such another document" for "such a document".
      Subsec. (d)(3)(D). Pub. L. 100-525, Sec. 2(a)(1)(B), in heading
    substituted "defined" for "requiring two years notice and
    congressional review".
      Subsec. (e)(1). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), inserted
    reference to subsec. (g)(1) in three places.
      Subsec. (e)(3). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), (ii),
    inserted reference to subsec. (g)(1) in two places and reference to
    par. (6) in two places.
      Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100-525, Sec. 2(a)(1)(D),
    substituted "paragraph" for "subparagraph".
      Subsec. (e)(6) to (9). Pub. L. 100-525, Sec. 2(a)(1)(C)(iii),
    (iv), added par. (6) and redesignated former pars. (6) to (8) as
    (7) to (9), respectively.
      Subsec. (g)(2). Pub. L. 100-525, Sec. 2(a)(1)(E), inserted
    reference to subsec. (e) of this section.
      Subsec. (i)(3)(B)(iii). Pub. L. 100-525, Sec. 2(a)(1)(F),
    substituted "an order" for "a order" and "subsection (a)(1)(A) of
    this section" for "paragraph (1)(A)".
      Subsec. (j)(1). Pub. L. 100-525, Sec. 2(a)(1)(G), made technical
    amendment to provision of original act which was translated as
    "November 6, 1986," and struck out "of the United States" after
    "Comptroller General".
      Subsec. (j)(2). Pub. L. 100-525, Sec. 2(a)(1)(H), substituted
    "this section" for "that section".

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-390, Sec. 1(b), Oct. 30, 2004, 118 Stat. 2242,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect on the earlier of - 
        "(1) the date on which final regulations implementing such
      amendments take effect; or
        "(2) 180 days after the date of the enactment of this Act [Oct.
      30, 2004]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 379(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section and
    section 1324c of this title] shall apply to orders issued on or
    after the date of the enactment of this Act [Sept. 30, 1996]."
      Section 411(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to failures occurring on or after the date of the enactment
    of this Act [Sept. 30, 1996]."
      Section 412(e) of div. C of Pub. L. 104-208, as amended by Pub.
    L. 105-54, Sec. 3(a), Oct. 6, 1997, 111 Stat. 1175; Pub. L. 108-
    156, Sec. 3(d), Dec. 3, 2003, 117 Stat. 1945, provided that:
      "(1) The amendments made by subsection (a) [amending this
    section] shall apply with respect to hiring (or recruitment or
    referral) occurring on or after such date (not later than 18 months
    after the date of the enactment of this Act [Sept. 30, 1996]) as
    the Secretary of Homeland Security shall designate.
      "(2) The amendment made by subsection (b) [amending this section]
    shall apply to individuals hired on or after 60 days after the date
    of the enactment of this Act.
      "(3) The amendment made by subsection (c) [amending this section]
    shall take effect on the date of the enactment of this Act.
      "(4) The amendment made by subsection (d) [amending this section]
    applies to hiring occurring before, on, or after the date of the
    enactment of this Act, but no penalty shall be imposed under
    subsection (e) or (f) of section 274A of the Immigration and
    Nationality Act [subsecs. (e) and (f) of this section] for such
    hiring occurring before such date."
      [Section 3(b) of Pub. L. 105-54 provided that: "The amendment
    made by subsection (a) [amending section 412(e) of div. C of Pub.
    L. 104-208, set out above] shall take effect as if included in the
    enactment of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 [div. C of Pub. L. 104-208]."]

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(4) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 306(b)(2) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 521(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    recruiting and referring occurring on or after the date of the
    enactment of this Act [Nov. 29, 1990]."
      Section 538(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

    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 section 8704 of Title 46, Shipping, as the date 180
    days after Jan. 11, 1988, see section 5(f)(3) of Pub. L. 100-239,
    set out as a Construction note under section 8704 of Title 46.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

                          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 (section
    405(c)(2)(F) of title 42 of the United States Code) directs the
    Secretary of Health and Human Services to issue Social Security
    number cards to individuals who are assigned Social Security
    numbers.
      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")
    (section 1324a(d)(3)(A) of title 8 of the United States Code) and
    section 301 of title 3 of the United States Code, and in order to
    provide for the delegation of certain functions under the Act [8
    U.S.C. 1101 et seq.], I hereby:
      (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 section 301 of Title 3, The
    President.

-MISC2-
          PILOT PROGRAMS FOR EMPLOYMENT ELIGIBILITY CONFIRMATION      
      Pub. L. 104-208, div. C, title IV, subtitle A, Sept. 30, 1996,
    110 Stat. 3009-655, as amended by Pub. L. 107-128, Sec. 2, Jan. 16,
    2002, 115 Stat. 2407; Pub. L. 108-156, Secs. 2, 3, Dec. 3, 2003,
    117 Stat. 1944, provided that:

      "SEC. 401. ESTABLISHMENT OF PROGRAMS.
      "(a) In General. - The Secretary of Homeland Security shall
    conduct 3 pilot programs of employment eligibility confirmation
    under this subtitle.
      "(b) Implementation Deadline; Termination. - The Secretary of
    Homeland Security shall implement the pilot programs in a manner
    that permits persons and other entities to have elections under
    section 402 of this division made and in effect no later than 1
    year after the date of the enactment of this Act [Sept. 30, 1996].
    Unless the Congress otherwise provides, the Secretary of Homeland
    Security shall terminate a pilot program at the end of the 11-year
    period beginning on the first day the pilot program is in effect.
      "(c) Scope of Operation of Pilot Programs. - The Secretary of
    Homeland Security shall provide for the operation - 
        "(1) of the basic pilot program (described in section 403(a) of
      this division) in, at a minimum, 5 of the 7 States with the
      highest estimated population of aliens who are not lawfully
      present in the United States, and the Secretary of Homeland
      Security shall expand the operation of the program to all 50
      States not later than December 1, 2004;
        "(2) of the citizen attestation pilot program (described in
      section 403(b) of this division) in at least 5 States (or, if
      fewer, all of the States) that meet the condition described in
      section 403(b)(2)(A) of this division; and
        "(3) of the machine-readable-document pilot program (described
      in section 403(c) of this division) in at least 5 States (or, if
      fewer, all of the States) that meet the condition described in
      section 403(c)(2) of this division.
      "(d) References in Subtitle. - In this subtitle - 
        "(1) Pilot program references. - The terms 'program' or 'pilot
      program' refer to any of the 3 pilot programs provided for under
      this subtitle.
        "(2) Confirmation system. - The term 'confirmation system'
      means the confirmation system established under section 404 of
      this division.
        "(3) References to section 274a. - Any reference in this
      subtitle to section 274A (or a subdivision of such section) is
      deemed a reference to such section (or subdivision thereof) of
      the Immigration and Nationality Act [8 U.S.C. 1324a].
        "(4) I-9 or similar form. - The term 'I-9 or similar form'
      means the form used for purposes of section 274A(b)(1)(A) or such
      other form as the Secretary of Homeland Security determines to be
      appropriate.
        "(5) Limited application to recruiters and referrers. - Any
      reference to recruitment or referral (or a recruiter or referrer)
      in relation to employment is deemed a reference only to such
      recruitment or referral (or recruiter or referrer) that is
      subject to section 274A(a)(1)(B)(ii).
        "(6) United states citizenship. - The term 'United States
      citizenship' includes United States nationality.
        "(7) State. - The term 'State' has the meaning given such term
      in section 101(a)(36) of the Immigration and Nationality Act [8
      U.S.C. 1101(a)(36)].

      "SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT PROGRAM.
      "(a) Voluntary Election. - Subject to subsection (c)(3)(B), any
    person or other entity that conducts any hiring (or recruitment or
    referral) in a State in which a pilot program is operating may
    elect to participate in that pilot program. Except as specifically
    provided in subsection (e), the Secretary of Homeland Security may
    not require any person or other entity to participate in a pilot
    program.
      "(b) Benefit of Rebuttable Presumption. - 
        "(1) In general. - If a person or other entity is participating
      in a pilot program and obtains confirmation of identity and
      employment eligibility in compliance with the terms and
      conditions of the program with respect to the hiring (or
      recruitment or referral) of an individual for employment in the
      United States, the person or entity has established a rebuttable
      presumption that the person or entity has not violated section
      274A(a)(1)(A) with respect to such hiring (or such recruitment or
      referral).
        "(2) Construction. - Paragraph (1) shall not be construed as
      preventing a person or other entity that has an election in
      effect under subsection (a) from establishing an affirmative
      defense under section 274A(a)(3) if the person or entity complies
      with the requirements of section 274A(a)(1)(B) but fails to
      obtain confirmation under paragraph (1).
      "(c) General Terms of Elections. - 
        "(1) In general. - An election under subsection (a) shall be in
      such form and manner, under such terms and conditions, and shall
      take effect, as the Secretary of Homeland Security shall specify.
      The Secretary of Homeland Security may not impose any fee as a
      condition of making an election or participating in a pilot
      program.
        "(2) Scope of election. - 
          "(A) In general. - Subject to paragraph (3), any electing
        person or other entity may provide that the election under
        subsection (a) shall apply (during the period in which the
        election is in effect) - 
            "(i) to all its hiring (and all recruitment or referral) in
          the State (or States) in which the pilot program is
          operating, or
            "(ii) to its hiring (or recruitment or referral) in one or
          more pilot program States or one or more places of hiring (or
          recruitment or referral, as the case may be) in the pilot
          program States.
          "(B) Application of programs in non-pilot program states. -
        In addition, the Secretary of Homeland Security may permit a
        person or entity electing the citizen attestation pilot program
        (described in 403(b) of this division) or the machine-readable-
        document pilot program (described in section 403(c) of this
        division) to provide that the election applies to its hiring
        (or recruitment or referral) in one or more States or places of
        hiring (or recruitment or referral) in which the pilot program
        is not otherwise operating but only if such States meet the
        requirements of 403(b)(2)(A) and 403(c)(2) of this division,
        respectively.
        "(3) Termination of elections. - The Secretary of Homeland
      Security may terminate an election by a person or other entity
      under this section because the person or entity has substantially
      failed to comply with its obligations under the pilot program. A
      person or other entity may terminate an election in such form and
      manner as the Secretary of Homeland Security shall specify.
      "(d) Consultation, Education, and Publicity. - 
        "(1) Consultation. - The Secretary of Homeland Security shall
      closely consult with representatives of employers (and recruiters
      and referrers) in the development and implementation of the pilot
      programs, including the education of employers (and recruiters
      and referrers) about such programs.
        "(2) Publicity. - The Secretary of Homeland Security shall
      widely publicize the election process and pilot programs,
      including the voluntary nature of the pilot programs and the
      advantages to employers (and recruiters and referrers) of making
      an election under this section.
        "(3) Assistance through district offices. - The Secretary of
      Homeland Security shall designate one or more individuals in each
      District office of the Immigration and Naturalization Service for
      a Service District in which a pilot program is being implemented -
       
          "(A) to inform persons and other entities that seek
        information about pilot programs of the voluntary nature of
        such programs, and
          "(B) to assist persons and other entities in electing and
        participating in any pilot programs in effect in the District,
        in complying with the requirements of section 274A, and in
        facilitating confirmation of the identity and employment
        eligibility of individuals consistent with such section.
      "(e) Select Entities Required to Participate in a Pilot Program. -
     
        "(1) Federal government. - 
          "(A) Executive departments. - 
            "(i) In general. - Each Department of the Federal
          Government shall elect to participate in a pilot program and
          shall comply with the terms and conditions of such an
          election.
            "(ii) Election. - Subject to clause (iii), the Secretary of
          each such Department - 
         "(I) shall elect the pilot program (or programs) in which the
          Department shall participate, and
         "(II) may limit the election to hiring occurring in certain
          States (or geographic areas) covered by the program (or
          programs) and in specified divisions within the Department,
          so long as all hiring by such divisions and in such locations
          is covered.
            "(iii) Role of secretary of homeland security. - The
          Secretary of Homeland Security shall assist and coordinate
          elections under this subparagraph in such manner as assures
          that - 
         "(I) a significant portion of the total hiring within each
          Department within States covered by a pilot program is
          covered under such a program, and
         "(II) there is significant participation by the Federal
          Executive branch in each of the pilot programs.
          "(B) Legislative branch. - Each Member of Congress, each
        officer of Congress, and the head of each agency of the
        legislative branch, that conducts hiring in a State in which a
        pilot program is operating shall elect to participate in a
        pilot program, may specify which pilot program or programs (if
        there is more than one) in which the Member, officer, or agency
        will participate, and shall comply with the terms and
        conditions of such an election.
        "(2) Application to certain violators. - An order under section
      274A(e)(4) or section 274B(g) of the Immigration and Nationality
      Act [8 U.S.C. 1324a(e)(4), 1324b(g)] may require the subject of
      the order to participate in, and comply with the terms of, a
      pilot program with respect to the subject's hiring (or
      recruitment or referral) of individuals in a State covered by
      such a program.
        "(3) Consequence of failure to participate. - If a person or
      other entity is required under this subsection to participate in
      a pilot program and fails to comply with the requirements of such
      program with respect to an individual - 
          "(A) such failure shall be treated as a violation of section
        274A(a)(1)(B) with respect to that individual, and
          "(B) a rebuttable presumption is created that the person or
        entity has violated section 274A(a)(1)(A).
      Subparagraph (B) shall not apply in any prosecution under section
      274A(f)(1).
      "(f) Construction. - This subtitle shall not affect the authority
    of the Secretary of Homeland Security under any other law
    (including section 274A(d)(4)) to conduct demonstration projects in
    relation to section 274A.

      "SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.
      "(a) Basic Pilot Program. - A person or other entity that elects
    to participate in the basic pilot program described in this
    subsection agrees to conform to the following procedures in the
    case of the hiring (or recruitment or referral) for employment in
    the United States of each individual covered by the election:
        "(1) Provision of additional information. - The person or
      entity shall obtain from the individual (and the individual shall
      provide) and shall record on the I-9 or similar form - 
          "(A) the individual's social security account number, if the
        individual has been issued such a number, and
          "(B) if the individual does not attest to United States
        citizenship under section 274A(b)(2), such identification or
        authorization number established by the Immigration and
        Naturalization Service for the alien as the Secretary of
        Homeland Security shall specify,
      and shall retain the original form and make it available for
      inspection for the period and in the manner required of I-9 forms
      under section 274A(b)(3).
        "(2) Presentation of documentation. - 
          "(A) In general. - The person or other entity, and the
        individual whose identity and employment eligibility are being
        confirmed, shall, subject to subparagraph (B), fulfill the
        requirements of section 274A(b) with the following
        modifications:
            "(i) A document referred to in section 274A(b)(1)(B)(ii)
          (as redesignated by section 412(a) of this division) must be
          designated by the Secretary of Homeland Security as suitable
          for the purpose of identification in a pilot program.
            "(ii) A document referred to in section 274A(b)(1)(D) must
          contain a photograph of the individual.
            "(iii) The person or other entity has complied with the
          requirements of section 274A(b)(1) with respect to
          examination of a document if the document reasonably appears
          on its face to be genuine and it reasonably appears to
          pertain to the individual whose identity and work eligibility
          is being confirmed.
          "(B) Limitation of requirement to examine documentation. - If
        the Secretary of Homeland Security finds that a pilot program
        would reliably determine with respect to an individual whether -
         
            "(i) the person with the identity claimed by the individual
          is authorized to work in the United States, and
            "(ii) the individual is claiming the identity of another
          person,
      if a person or entity could fulfill the requirement to examine
      documentation contained in subparagraph (A) of section 274A(b)(1)
      by examining a document specified in either subparagraph (B) or
      (D) of such section, the Secretary of Homeland Security may
      provide that, for purposes of such requirement, only such a
      document need be examined. In such case, any reference in section
      274A(b)(1)(A) to a verification that an individual is not an
      unauthorized alien shall be deemed to be a verification of the
      individual's identity.
        "(3) Seeking confirmation. - 
          "(A) In general. - The person or other entity shall make an
        inquiry, as provided in section 404(a)(1) of this division,
        using the confirmation system to seek confirmation of the
        identity and employment eligibility of an individual, by not
        later than the end of 3 working days (as specified by the
        Secretary of Homeland Security) after the date of the hiring
        (or recruitment or referral, as the case may be).
          "(B) Extension of time period. - If the person or other
        entity in good faith attempts to make an inquiry during such 3
        working days and the confirmation system has registered that
        not all inquiries were received during such time, the person or
        entity can make an inquiry in the first subsequent working day
        in which the confirmation system registers that it has received
        all inquiries. If the confirmation system cannot receive
        inquiries at all times during a day, the person or entity
        merely has to assert that the entity attempted to make the
        inquiry on that day for the previous sentence to apply to such
        an inquiry, and does not have to provide any additional proof
        concerning such inquiry.
        "(4) Confirmation or nonconfirmation. - 
          "(A) Confirmation upon initial inquiry. - If the person or
        other entity receives an appropriate confirmation of an
        individual's identity and work eligibility under the
        confirmation system within the time period specified under
        section 404(b) of this division, the person or entity shall
        record on the I-9 or similar form an appropriate code that is
        provided under the system and that indicates a final
        confirmation of such identity and work eligibility of the
        individual.
          "(B) Nonconfirmation upon initial inquiry and secondary
        verification. - 
            "(i) Nonconfirmation. - If the person or other entity
          receives a tentative nonconfirmation of an individual's
          identity or work eligibility under the confirmation system
          within the time period specified under 404(b) of this
          division, the person or entity shall so inform the individual
          for whom the confirmation is sought.
            "(ii) No contest. - If the individual does not contest the
          nonconfirmation within the time period specified in section
          404(c) of this division, the nonconfirmation shall be
          considered final. The person or entity shall then record on
          the I-9 or similar form an appropriate code which has been
          provided under the system to indicate a tentative
          nonconfirmation.
            "(iii) Contest. - If the individual does contest the
          nonconfirmation, the individual shall utilize the process for
          secondary verification provided under section 404(c) of this
          division. The nonconfirmation will remain tentative until a
          final confirmation or nonconfirmation is provided by the
          confirmation system within the time period specified in such
          section. In no case shall an employer terminate employment of
          an individual because of a failure of the individual to have
          identity and work eligibility confirmed under this section
          until a nonconfirmation becomes final. Nothing in this clause
          shall apply to a termination of employment for any reason
          other than because of such a failure.
            "(iv) Recording of conclusion on form. - If a final
          confirmation or nonconfirmation is provided by the
          confirmation system under section 404(c) of this division
          regarding an individual, the person or entity shall record on
          the I-9 or similar form an appropriate code that is provided
          under the system and that indicates a confirmation or
          nonconfirmation of identity and work eligibility of the
          individual.
          "(C) Consequences of nonconfirmation. - 
            "(i) Termination or notification of continued employment. -
          If the person or other entity has received a final
          nonconfirmation regarding an individual under subparagraph
          (B), the person or entity may terminate employment (or
          recruitment or referral) of the individual. If the person or
          entity does not terminate employment (or recruitment or
          referral) of the individual, the person or entity shall
          notify the Secretary of Homeland Security of such fact
          through the confirmation system or in such other manner as
          the Secretary of Homeland Security may specify.
            "(ii) Failure to notify. - If the person or entity fails to
          provide notice with respect to an individual as required
          under clause (i), the failure is deemed to constitute a
          violation of section 274A(a)(1)(B) with respect to that
          individual and the applicable civil monetary penalty under
          section 274A(e)(5) shall be (notwithstanding the amounts
          specified in such section) no less than $500 and no more than
          $1,000 for each individual with respect to whom such
          violation occurred.
            "(iii) Continued employment after final nonconfirmation. -
          If the person or other entity continues to employ (or to
          recruit or refer) an individual after receiving final
          nonconfirmation, a rebuttable presumption is created that the
          person or entity has violated section 274A(a)(1)(A). The
          previous sentence shall not apply in any prosecution under
          section 274A(f)(1).
      "(b) Citizen Attestation Pilot Program. - 
        "(1) In general. - Except as provided in paragraphs (3) through
      (5), the procedures applicable under the citizen attestation
      pilot program under this subsection shall be the same procedures
      as those under the basic pilot program under subsection (a).
        "(2) Restrictions. - 
          "(A) State document requirement to participate in pilot
        program. - The Secretary of Homeland Security may not provide
        for the operation of the citizen attestation pilot program in a
        State unless each driver's license or similar identification
        document described in section 274A(b)(1)(D)(i) issued by the
        State - 
            "(i) contains a photograph of the individual involved, and
            "(ii) has been determined by the Secretary of Homeland
          Security to have security features, and to have been issued
          through application and issuance procedures, which make such
          document sufficiently resistant to counterfeiting, tampering,
          and fraudulent use that it is a reliable means of
          identification for purposes of this section.
          "(B) Authorization to limit employer participation. - The
        Secretary of Homeland Security may restrict the number of
        persons or other entities that may elect to participate in the
        citizen attestation pilot program under this subsection as the
        Secretary of Homeland Security determines to be necessary to
        produce a representative sample of employers and to reduce the
        potential impact of fraud.
        "(3) No confirmation required for certain individuals attesting
      to u.s. citizenship. - In the case of a person or other entity
      hiring (or recruiting or referring) an individual under the
      citizen attestation pilot program, if the individual attests to
      United States citizenship (under penalty of perjury on an I-9 or
      similar form which form states on its face the criminal and other
      penalties provided under law for a false representation of United
      States citizenship) - 
          "(A) the person or entity may fulfill the requirement to
        examine documentation contained in subparagraph (A) of section
        274A(b)(1) by examining a document specified in either
        subparagraph (B)(i) or (D) of such section; and
          "(B) the person or other entity is not required to comply
        with respect to such individual with the procedures described
        in paragraphs (3) and (4) of subsection (a), but only if the
        person or entity retains the form and makes it available for
        inspection in the same manner as in the case of an I-9 form
        under section 274A(b)(3).
        "(4) Waiver of document presentation requirement in certain
      cases. - 
          "(A) In general. - In the case of a person or entity that
        elects, in a manner specified by the Secretary of Homeland
        Security consistent with subparagraph (B), to participate in
        the pilot program under this paragraph, if an individual being
        hired (or recruited or referred) attests (in the manner
        described in paragraph (3)) to United States citizenship and
        the person or entity retains the form on which the attestation
        is made and makes it available for inspection in the same
        manner as in the case of an I-9 form under section 274A(b)(3),
        the person or entity is not required to comply with the
        procedures described in section 274A(b).
          "(B) Restriction. - The Secretary of Homeland Security shall
        restrict the election under this paragraph to no more than
        1,000 employers and, to the extent practicable, shall select
        among employers seeking to make such election in a manner that
        provides for such an election by a representative sample of
        employers.
        "(5) Nonreviewable determinations. - The determinations of the
      Secretary of Homeland Security under paragraphs (2) and (4) are
      within the discretion of the Secretary of Homeland Security and
      are not subject to judicial or administrative review.
      "(c) Machine-Readable-Document Pilot Program. - 
        "(1) In general. - Except as provided in paragraph (3), the
      procedures applicable under the machine-readable-document pilot
      program under this subsection shall be the same procedures as
      those under the basic pilot program under subsection (a).
        "(2) State document requirement to participate in pilot
      program. - The Secretary of Homeland Security may not provide for
      the operation of the machine-readable-document pilot program in a
      State unless driver's licenses and similar identification
      documents described in section 274A(b)(1)(D)(i) issued by the
      State include a machine-readable social security account number.
        "(3) Use of machine-readable documents. - If the individual
      whose identity and employment eligibility must be confirmed
      presents to the person or entity hiring (or recruiting or
      referring) the individual a license or other document described
      in paragraph (2) that includes a machine-readable social security
      account number, the person or entity must make an inquiry through
      the confirmation system by using a machine-readable feature of
      such document. If the individual does not attest to United States
      citizenship under section 274A(b)(2), the individual's
      identification or authorization number described in subsection
      (a)(1)(B) shall be provided as part of the inquiry.
      "(d) Protection From Liability for Actions Taken on the Basis of
    Information Provided by the Confirmation System. - No person or
    entity participating in a pilot program shall be civilly or
    criminally liable under any law for any action taken in good faith
    reliance on information provided through the confirmation system.

      "SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.
      "(a) In General. - The Secretary of Homeland Security shall
    establish a pilot program confirmation system through which the
    Secretary of Homeland Security (or a designee of the Secretary of
    Homeland Security, which may be a nongovernmental entity) - 
        "(1) responds to inquiries made by electing persons and other
      entities (including those made by the transmittal of data from
      machine-readable documents under the machine-readable pilot
      program) at any time through a toll-free telephone line or other
      toll-free electronic media concerning an individual's identity
      and whether the individual is authorized to be employed, and
        "(2) maintains records of the inquiries that were made, of
      confirmations provided (or not provided), and of the codes
      provided to inquirers as evidence of their compliance with their
      obligations under the pilot programs.
    To the extent practicable, the Secretary of Homeland Security shall
    seek to establish such a system using one or more nongovernmental
    entities.
      "(b) Initial Response. - The confirmation system shall provide
    confirmation or a tentative nonconfirmation of an individual's
    identity and employment eligibility within 3 working days of the
    initial inquiry. If providing confirmation or tentative
    nonconfirmation, the confirmation system shall provide an
    appropriate code indicating such confirmation or such
    nonconfirmation.
      "(c) Secondary Verification Process in Case of Tentative
    Nonconfirmation. - In cases of tentative nonconfirmation, the
    Secretary of Homeland Security shall specify, in consultation with
    the Commissioner of Social Security and the Commissioner of the
    Immigration and Naturalization Service, an available secondary
    verification process to confirm the validity of information
    provided and to provide a final confirmation or nonconfirmation
    within 10 working days after the date of the tentative
    nonconfirmation. When final confirmation or nonconfirmation is
    provided, the confirmation system shall provide an appropriate code
    indicating such confirmation or nonconfirmation.
      "(d) Design and Operation of System. - The confirmation system
    shall be designed and operated - 
        "(1) to maximize its reliability and ease of use by persons and
      other entities making elections under section 402(a) of this
      division consistent with insulating and protecting the privacy
      and security of the underlying information;
        "(2) to respond to all inquiries made by such persons and
      entities on whether individuals are authorized to be employed and
      to register all times when such inquiries are not received;
        "(3) with appropriate administrative, technical, and physical
      safeguards to prevent unauthorized disclosure of personal
      information; and
        "(4) to have reasonable safeguards against the system's
      resulting in unlawful discriminatory practices based on national
      origin or citizenship status, including - 
          "(A) the selective or unauthorized use of the system to
        verify eligibility;
          "(B) the use of the system prior to an offer of employment;
        or
          "(C) the exclusion of certain individuals from consideration
        for employment as a result of a perceived likelihood that
        additional verification will be required, beyond what is
        required for most job applicants.
      "(e) Responsibilities of the Commissioner of Social Security. -
    As part of the confirmation system, the Commissioner of Social
    Security, in consultation with the entity responsible for
    administration of the system, shall establish a reliable, secure
    method, which, within the time periods specified under subsections
    (b) and (c), compares the name and social security account number
    provided in an inquiry against such information maintained by the
    Commissioner in order to confirm (or not confirm) the validity of
    the information provided regarding an individual whose identity and
    employment eligibility must be confirmed, the correspondence of the
    name and number, and whether the individual has presented a social
    security account number that is not valid for employment. The
    Commissioner shall not disclose or release social security
    information (other than such confirmation or nonconfirmation).
      "(f) Responsibilities of the Commissioner of the Immigration and
    Naturalization Service. - As part of the confirmation system, the
    Commissioner of the Immigration and Naturalization Service, in
    consultation with the entity responsible for administration of the
    system, shall establish a reliable, secure method, which, within
    the time periods specified under subsections (b) and (c), compares
    the name and alien identification or authorization number described
    in section 403(a)(1)(B) of this division which are provided in an
    inquiry against such information maintained by the Commissioner in
    order to confirm (or not confirm) the validity of the information
    provided, the correspondence of the name and number, and whether
    the alien is authorized to be employed in the United States.
      "(g) Updating Information. - The Commissioners of Social Security
    and the Immigration and Naturalization Service shall update their
    information in a manner that promotes the maximum accuracy and
    shall provide a process for the prompt correction of erroneous
    information, including instances in which it is brought to their
    attention in the secondary verification process described in
    subsection (c).
      "(h) Limitation on Use of the Confirmation System and Any Related
    Systems. - 
        "(1) In general. - Notwithstanding any other provision of law,
      nothing in this subtitle shall be construed to permit or allow
      any department, bureau, or other agency of the United States
      Government to utilize any information, data base, or other
      records assembled under this subtitle for any other purpose other
      than as provided for under a pilot program.
        "(2) No national identification card. - Nothing in this
      subtitle shall be construed to authorize, directly or indirectly,
      the issuance or use of national identification cards or the
      establishment of a national identification card.

      "SEC. 405. REPORTS.
      "(a) In General. - The Secretary of Homeland Security shall
    submit to the Committees on the Judiciary of the House of
    Representatives and of the Senate reports on the pilot programs
    within 3 months after the end of the third and fourth years in
    which the programs are in effect. Such reports shall - 
        "(1) assess the degree of fraudulent attesting of United States
      citizenship,
        "(2) include recommendations on whether or not the pilot
      programs should be continued or modified, and
        "(3) assess the benefits of the pilot programs to employers and
      the degree to which they assist in the enforcement of section
      274A.
      "(b) Report on Expansion. - Not later than June 1, 2004, the
    Secretary of Homeland Security shall submit to the Committees on
    the Judiciary of the House of Representatives and the Senate a
    report - 
        "(1) evaluating whether the problems identified by the report
      submitted under subsection (a) have been substantially resolved;
      and
        "(2) describing what actions the Secretary of Homeland Security
      shall take before undertaking the expansion of the basic pilot
      program to all 50 States in accordance with section 401(c)(1), in
      order to resolve any outstanding problems raised in the report
      filed under subsection (a)."
      [Pub. L. 107-128, Sec. 3, Jan. 16, 2002, 115 Stat. 2407, provided
    that: "The amendment made by this Act [amending section 401(b) of
    Pub. L. 104-208, set out above] shall take effect on the date of
    the enactment of this Act [Jan. 16, 2002]."]

    REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR ENFORCEMENT
                     OF EMPLOYER SANCTIONS PROVISIONS
      Pub. L. 104-208, div. C, title IV, Sec. 413(a), Sept. 30, 1996,
    110 Stat. 3009-668, as amended by Pub. L. 108-156, Sec. 3(d), Dec.
    3, 2003, 117 Stat. 1945, provided that not later than 1 year after
    Sept. 30, 1996, the Secretary of Homeland Security was to submit to
    the Committees on the Judiciary of the House of Representatives and
    of the Senate a report on any additional authority or resources
    needed by the Immigration and Naturalization Service in order to
    enforce section 1324a of this title, or by Federal agencies in
    order to carry out Ex. Ord. No. 12989, set out below, and to expand
    the restrictions in such order to cover agricultural subsidies,
    grants, job training programs, and other Federally subsidized
    assistance programs.

                    PILOT PROJECTS FOR SECURE DOCUMENTS                
      Pub. L. 101-238, Sec. 5, Dec. 18, 1989, 103 Stat. 2104, provided
    that:
      "(a) Consultation. - Before June 1, 1991, the Attorney General
    shall consult with State governments on any proper State initiative
    to improve the security of State or local documents which would
    satisfy the requirements of section 274A(b)(1) of the Immigration
    and Nationality Act (8 U.S.C. 1324a). The result of such
    consultations shall be reported, before September 1, 1991, to the
    Committees on the Judiciary of the Senate and House of
    Representatives of the United States.
      "(b) Assistance for State Initiatives. - After such consultation
    described in subsection (a), the Attorney General shall make grants
    to, and enter into contracts with (to such extent or in such
    amounts as are provided in an appropriation Act), the State of
    California and at least 2 other States with large immigrant
    populations to promote any State initiatives to improve the
    security of State or local documents which would satisfy the
    requirements of section 274A(b)(1) of the Immigration and
    Nationality Act [8 U.S.C. 1324a(b)(1)].
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated to the Attorney General $10,000,000 for fiscal year
    1992 to carry out subsection (b).
      "(d) Report Required. - The Attorney General shall report to the
    Committees on the Judiciary of the Senate and House of
    Representatives not later than August 1, 1993, on the security of
    State or local documents which would satisfy the requirements of
    section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C.
    1324a), and any improvements in such documents that have occurred
    as a result of this section."

                            INTERIM REGULATIONS                        
      Section 101(a)(2) of Pub. L. 99-603 provided that: "The Attorney
    General shall, not later than the first day of the seventh month
    beginning after the date of the enactment of this Act [Nov. 6,
    1986], first issue, on an interim or other basis, such regulations
    as may be necessary in order to implement this section [enacting
    this section, amending sections 1802, 1813, 1816, and 1851 of Title
    29, Labor, and enacting provisions set out as notes under this
    section, section 1802 of Title 29, and section 405 of Title 42, The
    Public Health and Welfare]."

                GRANDFATHER PROVISION FOR CURRENT EMPLOYEES            
      Section 101(a)(3) of Pub. L. 99-603 provided that:
      "(A) Section 274A(a)(1) of the Immigration and Nationality Act [8
    U.S.C. 1324a(a)(1)] shall not apply to the hiring, or recruiting or
    referring of an individual for employment which has occurred before
    the date of the enactment of this Act [Nov. 6, 1986].
      "(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 Pub. L. 99-603 provided that:
      "(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 [5 U.S.C. 552a, 552a note].
      "(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 Pub. L. 99-603 provided that: "The Secretary of
    Health and Human Services, acting through the Social Security
    Administration and in cooperation with the Attorney General and the
    Secretary of Labor, shall conduct a study of the feasibility and
    costs of establishing a social security number validation system to
    assist in carrying out the purposes of section 274A of the
    Immigration and Nationality Act [8 U.S.C. 1324a], and of the
    privacy concerns that would be raised by the establishment of such
    a system. The Secretary shall submit to the Committees on Ways and
    Means and Judiciary of the House of Representatives and to the
    Committees on Finance and Judiciary of the Senate, within 2 years
    after the date of the enactment of this Act [Nov. 6, 1986], a full
    and complete report on the results of the study together with such
    recommendations as may be appropriate."

                 REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT             
      Section 402 of Pub. L. 99-603 provided that: "The President shall
    transmit to Congress annual reports on the implementation of
    section 274A of the Immigration and Nationality Act [8 U.S.C.
    1324a] (relating to unlawful employment of aliens) during the first
    three years after its implementation. Each report shall include - 
        "(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 Pub. L. 99-603
    delegated to Secretary of Homeland Security, except functions in
    section 402(3)(A) which were delegated to Secretary of Labor, by
    sections 1(b) and 2(a) of Ex. Ord. No. 12789, Feb. 10, 1992, 57
    F.R. 5225, as amended, set out as a note under section 1364 of this
    title.]

-EXEC-
         EX. ORD. NO. 12989. ECONOMY AND EFFICIENCY IN GOVERNMENT
        PROCUREMENT THROUGH COMPLIANCE WITH CERTAIN IMMIGRATION AND
                        NATIONALITY ACT PROVISIONS
      Ex. Ord. No. 12989, Feb. 13, 1996, 61 F.R. 6091, as amended by
    Ex. Ord. No. 13286, Sec. 19, Feb. 28, 2003, 68 F.R. 10623,
    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 40 U.S.C.
    486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby
    ordered as follows:
      Section 1. (a) It is the policy of the executive branch in
    procuring goods and services that, to ensure the economical and
    efficient administration and completion of Federal Government
    contracts, contracting agencies should not contract with employers
    that have not complied with section 274A(a)(1)(A) and 274A(a)(2) of
    the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A),
    1324a(a)(2)) (the "INA employment provisions") prohibiting the
    unlawful employment of aliens. All discretion under this Executive
    order shall be exercised consistent with this policy.
      (b) It remains the policy of this Administration to fully and
    aggressively enforce the antidiscrimination provisions of the
    Immigration and Nationality Act [8 U.S.C. 1101 et seq.] to the
    fullest extent. Nothing in this order relieves employers from their
    obligation to avoid unfair immigration-related employment practices
    as required by the antidiscrimination provisions of section 1324(b)
    [274B] of the INA (8 U.S.C. 1324b) and all other antidiscrimination
    requirements of applicable law, including the requirements of 8
    U.S.C. 1324b(a)(6) concerning the treatment of certain documentary
    practices as unfair immigration-related employment practices.
      Sec. 2. Contractor, as used in this Executive order, shall have
    the same meaning as defined in subpart 9.4 of the Federal
    Acquisition Regulation.
      Sec. 3. Using the procedures established pursuant to 8 U.S.C.
    1324a(e): (a) the Secretary of Homeland Security may investigate to
    determine whether a contractor or an organizational unit thereof is
    not in compliance with the INA employment provisions;
      (b) the Secretary of Homeland Security 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) the Attorney General shall hold such hearings as are required
    under 8 U.S.C. 1324a(e) to determine whether an entity covered
    under section 3(a) is not in compliance with the INA employment
    provisions.
      Sec. 4. (a) Whenever the Secretary of Homeland Security or the
    Attorney General determines that a contractor or an organizational
    unit thereof is not in compliance with the INA employment
    provisions, the Secretary of Homeland Security or the Attorney
    General shall transmit that determination to the appropriate
    contracting agency and such other Federal agencies as the Secretary
    of Homeland Security or the Attorney General may determine. Upon
    receipt of such determination from the Secretary of Homeland
    Security or the Attorney General, the head of the appropriate
    contracting agency shall consider the contractor or an
    organizational unit thereof for debarment as well as for such other
    action as may be appropriate in accordance with the procedures and
    standards prescribed by the Federal Acquisition Regulation.
      (b) The head of the contracting agency may debar the contractor
    or an organizational unit thereof based on the determination of the
    Secretary of Homeland Security or the Attorney General that it is
    not in compliance with the INA employment provisions. Such
    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
    Secretary of Homeland Security or 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 8 U.S.C. 1324a(e), the Secretary of
    Homeland Security or the Attorney General determines that the
    organizational unit of the Federal contractor continues to be in
    violation of the INA employment provisions.
      (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.
      Sec. 5. (a) The Secretary of Homeland Security and Attorney
    General shall be responsible for the administration and enforcement
    of this order, except for the debarment procedures. The Secretary
    of Homeland Security and Attorney General may adopt such additional
    rules and regulations and issue such orders as may be deemed
    necessary and appropriate to carry out their respective
    responsibilities under this order. If the Secretary of Homeland
    Security or the Attorney General proposes to issue rules,
    regulations, or orders that affect the contracting departments and
    agencies, the Secretary of Homeland Security or the Attorney
    General shall consult with the Secretary of Defense, the Secretary
    of Labor, the Administrator of General Services, the Administrator
    of the National Aeronautics and Space Administration, the
    Administrator for Federal Procurement Policy, and such other
    agencies as may be appropriate.
      (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.
      Sec. 6. Each contracting department and agency shall cooperate
    with and provide such information and assistance to the Secretary
    of Homeland Security and the Attorney General as may be required in
    the performance of their respective functions under this order.
      Sec. 7. The Secretary of Homeland Security, the Attorney General,
    the Secretary of Defense, the Administrator of General Services,
    the Administrator of the National Aeronautics and Space
    Administration, and the heads of contracting departments and
    agencies may delegate any of their functions or duties under this
    order to any officer or employee of their respective agencies.
      Sec. 8. This order shall be implemented in a manner intended to
    least burden the procurement process. This order neither authorizes
    nor requires any additional certification provision, clause, or
    requirement to be included in any contract or contract
    solicitation.
      Sec. 9. This order is not intended, and should not be construed,
    to create any right or benefit, substantive or procedural,
    enforceable at law by a party against the United States, its
    agencies, its officers, or its employees. This order is not
    intended, however, to preclude judicial review of final agency
    decisions in accordance with the Administrative Procedure Act, 5
    U.S.C. 701 et seq.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "or".

-End-

-CITE-
    8 USC Sec. 1324b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1324b. Unfair immigration-related employment practices

-STATUTE-
    (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 section
      1324a(h)(3) of this title) with respect to the hiring, or
      recruitment or referral for a fee, of the individual for
      employment or the discharging of the individual from employment -
      
          (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 [42 U.S.C. 2000e-
        2], or
          (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) or 1255a(a)(1) of
        this title, is admitted as a refugee under section 1157 of this
        title, or is granted asylum under section 1158 of this title;
        but does not include (i) an alien who fails to apply for
        naturalization within six months of the date the alien first
        becomes eligible (by virtue of period of lawful permanent
        residence) to apply for naturalization or, if later, within six
        months after November 6, 1986, and (ii) an alien who has
        applied on a timely basis, but has not been naturalized as a
        citizen within 2 years after the date of the application,
        unless the alien can establish that the alien is actively
        pursuing naturalization, except that time consumed in the
        Service's processing the application shall not be counted
        toward the 2-year period.
      (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
        A person's or other entity's request, for purposes of
      satisfying the requirements of section 1324a(b) of this title,
      for more or different documents than are required under such
      section or refusing to honor documents tendered that on their
      face reasonably appear to be genuine shall be treated as an
      unfair immigration-related employment practice if made for the
      purpose or with the intent of discriminating against an
      individual in violation of paragraph (1).
    (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 [42 U.S.C. 2000e et seq.], unless the charge is dismissed as
      being outside the scope of such title. No charge respecting an
      employment practice may be filed with the Equal Employment
      Opportunity Commission under such title if a charge with respect
      to such practice based on the same set of facts has been filed
      under this subsection, unless the charge is dismissed under this
      section as being outside the scope of this section.
    (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 section 5332 of title 5.
      (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
      (!1) 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 section 1324a(b) of
          this title with respect to individuals hired (or recruited or
          referred for employment for a fee) during a period of up to
          three years;
            (ii) to retain for the period referred to in clause (i) and
          only for purposes consistent with section 1324a(b)(5) of this
          title, the name and address of each individual who applies,
          in person or in writing, for hiring for an existing position,
          or for recruiting or referring for a fee, for employment in
          the United States;
            (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 section 1324a
          of this title;
            (vi) to educate all personnel involved in hiring and
          complying with this section or section 1324a of this title
          about the requirements of this section or such section;
            (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 section 1254 of title 28.
    (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 section
    1324a of this title, under subsection (l) (!2) of that section.

      (2) The provisions of this section shall terminate 30 calendar
    days after receipt of the last report required to be transmitted
    under section 1324a(j) (!2) of this title if - 
        (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
        section 1324a of this title, or
          (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) (!2) of section 1324a of
    this title shall apply to any joint resolution under subparagraph
    (B) in the same manner as they apply to a joint resolution under
    subsection (l) (!2) of such section.
    (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 [42 U.S.C. 2000e et seq.] in connection
    with unfair immigration-related employment practices. Such campaign
    shall be aimed at increasing the knowledge of employers, employees,
    and the general public concerning employer and employee rights,
    responsibilities, and remedies under this section and such title.
      (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).

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274B, as added Pub.
    L. 99-603, title I, Sec. 102(a), Nov. 6, 1986, 100 Stat. 3374;
    amended Pub. L. 100-525, Sec. 2(b), Oct. 24, 1988, 102 Stat. 2610;
    Pub. L. 101-649, title V, Secs. 531, 532(a), 533(a), 534(a),
    535(a), 536(a), 537(a), 539(a), Nov. 29, 1990, 104 Stat. 5054-5056;
    Pub. L. 102-232, title III, Sec. 306(b)(1), (3), (c)(1), Dec. 12,
    1991, 105 Stat. 1752; Pub. L. 103-416, title II, Sec. 219(q), Oct.
    25, 1994, 108 Stat. 4317; Pub. L. 104-208, div. C, title IV, Sec.
    421(a), title VI, Sec. 671(d)(1)(B), Sept. 30, 1996, 110 Stat. 3009-
    670, 3009-723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Civil Rights Act of 1964, referred to in subsecs. (b)(2) and
    (l)(1), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.
    Title VII of the Civil Rights Act of 1964 is classified generally
    to subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see Short Title note set out under section 2000a
    of Title 42 and Tables.
      Subsections (j), (l), (m), and (n) of section 1324a of this
    title, referred to in subsec. (k), were repealed by Pub. L. 104-
    208, div. C, title IV, Sec. 412(c), Sept. 30, 1996, 110 Stat. 3009-
    668.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(3)(B). Pub. L. 104-208, Sec. 671(d)(1)(B),
    struck out ", 1161(a)," after "section 1160(a)".
      Subsec. (a)(6). Pub. L. 104-208, Sec. 421(a), substituted "A
    person's" for "For purposes of paragraph (1), a person's" and "if
    made for the purpose or with the intent of discriminating against
    an individual in violation of paragraph (1)" for "relating to the
    hiring of individuals".
      1994 - Subsec. (g)(2)(C). Pub. L. 103-416 substituted "the
    Special Counsel" for "an administrative law judge" in first
    sentence.
      1991 - Subsec. (g)(2)(B)(iv)(II). Pub. L. 102-232, Sec.
    306(b)(1), substituted "subclauses (III) and (IV)" for "subclause
    (IV)".
      Subsec. (g)(2)(B)(iv)(IV). Pub. L. 102-232, Sec. 306(b)(3)(A),
    substituted a semicolon for period at end.
      Subsec. (g)(2)(B)(v), (vi). Pub. L. 102-232, Sec. 306(b)(3)(B),
    substituted semicolons for commas at end.
      Subsec. (g)(2)(B)(vii). Pub. L. 102-232, Sec. 306(b)(3)(C), (D),
    substituted a semicolon for comma at end and "to remove (in an
    appropriate case)" for "to order (in an appropriate case) the
    removal of".
      Subsec. (g)(2)(B)(viii). Pub. L. 102-232, Sec. 306(b)(3)(E),
    substituted "to lift (in an appropriate case)" for "to order (in an
    appropriate case) the lifting of".
      Subsec. (g)(2)(D). Pub. L. 102-232, Sec. 306(c)(1), substituted
    "physically" for "physicially".
      1990 - Subsec. (a)(1)(B). Pub. L. 101-649, Sec. 533(a)(1),
    substituted "protected individual" for "citizen or intending
    citizen".
      Subsec. (a)(3). Pub. L. 101-649, Sec. 533(a)(2), (3), in heading
    and text substituted "protected individual" for "citizen or
    intending citizen".
      Subsec. (a)(3)(B). Pub. L. 101-649, Sec. 533(a)(4), substituted
    "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), or 1255a(a)(1) of this
    title, is admitted as a refugee under section 1157 of this title,
    or is granted asylum under section 1158 of this title; but does
    not" for "is an alien who - 
        "(i) is lawfully admitted for permanent residence, is granted
      the status of an alien lawfully admitted for temporary residence
      under section 1160(a), 1161(a), or 1255a(a)(1) of this title, is
      admitted as a refugee under section 1157 of this title, or is
      granted asylum under section 1158 of this title, and
        "(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.
      Pub. L. 101-649, Sec. 532(a), inserted reference to sections
    1160(a) and 1161(a) of this title in cl. (i).
      Subsec. (a)(5). Pub. L. 101-649, Sec. 534(a), added par. (5).
      Subsec. (a)(6). Pub. L. 101-649, Sec. 535(a), added par. (6).
      Subsec. (d)(2). Pub. L. 101-649, Sec. 537(a), inserted "the
    Special Counsel shall notify the person making the charge of the
    determination not to file such a complaint during such period and"
    after "120-day period,", inserted "within 90 days after the date of
    receipt of the notice" before period at end, and inserted at end
    "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."
      Subsec. (g)(2)(B)(iii). Pub. L. 101-649, Sec. 539(a)(1), struck
    out "and" at end.
      Subsec. (g)(2)(B)(iv). Pub. L. 101-649, Sec. 539(a)(2), which
    directed the substitution of a comma for the period at end of cl.
    (iv)(II), could not be executed because of the general amendment of
    cl. (iv) by Pub. L. 101-649, Sec. 536(a), see below.
      Pub. L. 101-649, Sec. 536(a), amended cl. (iv) generally. Prior
    to amendment, cl. (iv) read as follows:
      "(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). Pub. L. 101-649, Sec. 539(a)(3),
    added cls. (v) to (viii).
      Subsec. (l). Pub. L. 101-649, Sec. 531, added subsec. (l).
      1988 - Subsec. (a)(1). Pub. L. 100-525, Sec. 2(b)(1), inserted
    reference to section 1324a(h)(3) of this title.
      Subsec. (e)(3). Pub. L. 100-525, Sec. 2(b)(2), struck out "said"
    before "proceeding".
      Subsec. (g)(2)(A). Pub. L. 100-525, Sec. 2(b)(3), substituted
    "that" for "that that".
      Subsec. (g)(2)(B)(ii). Pub. L. 100-525, Sec. 2(b)(4), substituted
    "1324a" for "1324".
      Subsec. (g)(3). Pub. L. 100-525, Sec. 2(b)(5), substituted
    "engaged and" for "engaged or".
      Subsec. (h). Pub. L. 100-525, Sec. 2(b)(6), substituted
    "attorney's" for "attorneys' " in heading.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 421(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section] shall
    apply to requests made on or after the date of the enactment of
    this Act [Sept. 30, 1996]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 532(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    actions occurring on or after the date of the enactment of this Act
    [Nov. 29, 1990]."
      Section 533(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    unfair immigration-related employment practices occurring before,
    on, or after the date of the enactment of this Act [Nov. 29,
    1990]."
      Section 534(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    actions occurring on or after the date of the enactment of this Act
    [Nov. 29, 1990]."
      Section 535(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 29, 1990], but shall
    apply to actions occurring on or after such date."
      Section 536(b) of Pub. L. 101-649 provided that: "The amendments
    made by this section [amending this section] shall apply to unfair
    immigration-related employment practices occurring after the date
    of the enactment of this Act [Nov. 29, 1990]."
      Section 537(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    charges received on or after the date of the enactment of this Act
    [Nov. 29, 1990]."
      Section 539(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    orders with respect to unfair immigration-related employment
    practices occurring on or after the date of the enactment of this
    Act [Nov. 29, 1990]."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
          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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                        NO EFFECT ON EEOC AUTHORITY                    
      Section 102(b) of Pub. L. 99-603 provided that: "Except as may be
    specifically provided in this section, nothing in this section
    shall be construed to restrict the authority of the Equal
    Employment Opportunity Commission to investigate allegations, in
    writing and under oath or affirmation, of unlawful employment
    practices, as provided in section 706 of the Civil Rights Act of
    1964 (42 U.S.C. 2000e-5), or any other authority provided therein."

-FOOTNOTE-
    (!1) So in original. Probably should be "section".

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1324c                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1324c. Penalties for document fraud

-STATUTE-
    (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 or to
      obtain a benefit under 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 or
      to obtain a benefit under this chapter,
        (3) to use or attempt to use or to provide or attempt to
      provide any document lawfully issued to or with respect to a
      person other than the possessor (including a deceased individual)
      for the purpose of satisfying a requirement of this chapter or
      obtaining a benefit under this chapter,
        (4) to accept or receive or to provide any document lawfully
      issued to or with respect to a person other than the possessor
      (including a deceased individual) for the purpose of complying
      with section 1324a(b) of this title or obtaining a benefit under
      this chapter, or
        (5) to prepare, file, or assist another in preparing or filing,
      any application for benefits under this chapter, or any document
      required under this chapter, or any document submitted in
      connection with such application or document, with knowledge or
      in reckless disregard of the fact that such application or
      document was falsely made or, in whole or in part, does not
      relate to the person on whose behalf it was or is being
      submitted, or
        (6)(A) to present before boarding a common carrier for the
      purpose of coming to the United States a document which relates
      to the alien's eligibility to enter the United States, and (B) to
      fail to present such document to an immigration officer upon
      arrival at a United States port of entry.
    (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 chapter 224 of title 18.
    (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,
          (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, and
          (C) immigration officers designated by the Commissioner may
        compel by subpoena the attendance of witnesses and the
        production of evidence at any designated place prior to the
        filing of a complaint in a case under paragraph (2).

      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 section 554 of title 5. The
        hearing shall be held at the nearest practicable place to the
        place where the person or entity resides or of the place where
        the alleged violation occurred. If no hearing is so requested,
        the Attorney General's imposition of the order shall constitute
        a final and unappealable order.
        (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 that is the subject of a violation under subsection
        (a) of this section, 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 that is the subject of a
        violation under subsection (a) of this section.

      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 either (A) within 30 days, an official delegated
      by regulation to exercise review authority over the decision and
      order modifies or vacates the decision and order, or (B) within
      30 days of the date of such a modification or vacation (or within
      60 days of the date of decision and order of an administrative
      law judge if not so modified or vacated) the decision and order
      is referred to the Attorney General pursuant to regulations, in
      which case the decision and order of the Attorney General shall
      become the final agency decision and 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.
      (7) Waiver by Attorney General
        The Attorney General may waive the penalties imposed by this
      section with respect to an alien who knowingly violates
      subsection (a)(6) of this section if the alien is granted asylum
      under section 1158 of this title or withholding of removal under
      section 1231(b)(3) of this title.
    (e) Criminal penalties for failure to disclose role as document
      preparer
      (1) Whoever, in any matter within the jurisdiction of the
    Service, knowingly and willfully fails to disclose, conceals, or
    covers up the fact that they have, on behalf of any person and for
    a fee or other remuneration, prepared or assisted in preparing an
    application which was falsely made (as defined in subsection (f) of
    this section) for immigration benefits, shall be fined in
    accordance with title 18, imprisoned for not more than 5 years, or
    both, and prohibited from preparing or assisting in preparing,
    whether or not for a fee or other remuneration, any other such
    application.
      (2) Whoever, having been convicted of a violation of paragraph
    (1), knowingly and willfully prepares or assists in preparing an
    application for immigration benefits pursuant to this chapter, or
    the regulations promulgated thereunder, whether or not for a fee or
    other remuneration and regardless of whether in any matter within
    the jurisdiction of the Service, shall be fined in accordance with
    title 18, imprisoned for not more than 15 years, or both, and
    prohibited from preparing or assisting in preparing any other such
    application.
    (f) Falsely make
      For purposes of this section, the term "falsely make" means to
    prepare or provide an application or document, with knowledge or in
    reckless disregard of the fact that the application or document
    contains a false, fictitious, or fraudulent statement or material
    representation, or has no basis in law or fact, or otherwise fails
    to state a fact which is material to the purpose for which it was
    submitted.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274C, as added Pub.
    L. 101-649, title V, Sec. 544(a), Nov. 29, 1990, 104 Stat. 5059;
    amended Pub. L. 102-232, title III, Sec. 306(c)(5)(A), Dec. 12,
    1991, 105 Stat. 1752; Pub. L. 103-416, title II, Sec. 219(r), Oct.
    25, 1994, 108 Stat. 4317; Pub. L. 104-208, div. C, title II, Secs.
    212(a)-(d), 213, 220, title III, Secs. 308(g)(10)(D), 379(a), Sept.
    30, 1996, 110 Stat. 3009-570, 3009-571, 3009-575, 3009-625, 3009-
    649.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 212(a)(1), inserted
    "or to obtain a benefit under this chapter" before comma at end.
      Subsec. (a)(2). Pub. L. 104-208, Sec. 212(a)(2), inserted "or to
    obtain a benefit under this chapter" before comma at end.
      Subsec. (a)(3). Pub. L. 104-208, Sec. 212(a)(3), inserted "or
    with respect to" after "issued to" and "or obtaining a benefit
    under this chapter" after "of this chapter" and struck out "or" at
    end.
      Subsec. (a)(4). Pub. L. 104-208, Sec. 212(a)(4), inserted "or
    with respect to" after "issued to" and "or obtaining a benefit
    under this chapter" after "section 1324a(b) of this title" and
    substituted ", or" for the period at end.
      Subsec. (a)(5), (6). Pub. L. 104-208, Sec. 212(a)(5), added pars.
    (5) and (6).
      Subsec. (d)(1)(C). Pub. L. 104-208, Sec. 220, added subpar. (C).
      Subsec. (d)(3)(A), (B). Pub. L. 104-208, Sec. 212(c), substituted
    "each document that is the subject of a violation under subsection
    (a) of this section" for "each document used, accepted, or created
    and each instance of use, acceptance, or creation".
      Subsec. (d)(4). Pub. L. 104-208, Sec. 379(a)(2), substituted "the
    final agency decision and order under this subsection" for "a final
    order under this subsection".
      Pub. L. 104-208, Sec. 379(a)(1), substituted "unless either (A)
    within 30 days, an official delegated by regulation to exercise
    review authority over the decision and order modifies or vacates
    the decision and order, or (B) within 30 days of the date of such a
    modification or vacation (or within 60 days of the date of decision
    and order of an administrative law judge if not so modified or
    vacated) the decision and order is referred to the Attorney General
    pursuant to regulations" for "unless, within 30 days, the Attorney
    General modifies or vacates the decision and order".
      Subsec. (d)(7). Pub. L. 104-208, Sec. 308(g)(10)(D), substituted
    "withholding of removal under section 1231(b)(3) of this title" for
    "withholding of deportation under section 1253(h) of this title".
      Pub. L. 104-208, Sec. 212(d), added par. (7).
      Subsec. (e). Pub. L. 104-208, Sec. 213, added subsec. (e).
      Subsec. (f). Pub. L. 104-208, Sec. 212(b), added subsec. (f).
      1994 - Subsec. (b). Pub. L. 103-416 substituted "chapter 224 of
    title 18" for "title V of the Organized Crime Control Act of 1970
    (18 U.S.C. note prec. 3481)".
      1991 - Subsec. (a)(2) to (4). Pub. L. 102-232 inserted "or to
    provide" after "receive" in pars. (2) and (4) and "or to provide or
    attempt to provide" after "attempt to use" in par. (3).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 212(e) of div. C of Pub. L. 104-208 provided that:
    "Section 274C(f) of the Immigration and Nationality Act [8 U.S.C.
    1324c(f)], as added by subsection (b), applies to the preparation
    of applications before, on, or after the date of the enactment of
    this Act [Sept. 30, 1996]."
      Amendment by section 308(g)(10)(D) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 379(a) of Pub. L. 104-208 applicable to
    orders issued on or after Sept. 30, 1996, see section 379(b) of
    Pub. L. 104-208, set out as a note under section 1324a of this
    title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                              EFFECTIVE DATE                          
      Section applicable to persons or entities that have committed
    violations on or after Nov. 29, 1990, see section 544(d) of Pub. L.
    101-649, as amended, set out as an Effective Date of 1990 Amendment
    note under section 1227 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1324d                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1324d. Civil penalties for failure to depart

-STATUTE-
    (a) In general
      Any alien subject to a final order of removal who - 
        (1) willfully fails or refuses to - 
          (A) depart from the United States pursuant to the order,
          (B) make timely application in good faith for travel or other
        documents necessary for departure, or
          (C) present for removal at the time and place required by the
        Attorney General; or

        (2) conspires to or takes any action designed to prevent or
      hamper the alien's departure pursuant to the order,

    shall pay a civil penalty of not more than $500 to the Commissioner
    for each day the alien is in violation of this section.
    (b) Construction
      Nothing in this section shall be construed to diminish or qualify
    any penalties to which an alien may be subject for activities
    proscribed by section 1253(a) of this title or any other section of
    this chapter.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274D, as added Pub.
    L. 104-208, div. C, title III, Sec. 380(a), Sept. 30, 1996, 110
    Stat. 3009-650.)

-MISC1-
                              EFFECTIVE DATE                          
      Section 308(c) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [enacting this section] shall
    apply to actions occurring on or after the title III-A effective
    date (as defined in section 309(a) of this division [set out as a
    note under section 1101 of this title])."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-End-

-CITE-
    8 USC Sec. 1325                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1325. Improper entry by alien

-STATUTE-
    (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) Improper time or place; civil penalties
      Any alien who is apprehended while entering (or attempting to
    enter) the United States at a time or place other than as
    designated by immigration officers shall be subject to a civil
    penalty of - 
        (1) at least $50 and not more than $250 for each such entry (or
      attempted entry); or
        (2) twice the amount specified in paragraph (1) in the case of
      an alien who has been previously subject to a civil penalty under
      this subsection.

    Civil penalties under this subsection are in addition to, and not
    in lieu of, any criminal or other civil penalties that may be
    imposed.
    (c) 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.
    (d) 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 275, 66 Stat. 229;
    Pub. L. 99-639, Sec. 2(d), Nov. 10, 1986, 100 Stat. 3542; Pub. L.
    101-649, title I, Sec. 121(b)(3), title V, Sec. 543(b)(2), Nov. 29,
    1990, 104 Stat. 4994, 5059; Pub. L. 102-232, title III, Sec.
    306(c)(3), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104-208, div. C,
    title I, Sec. 105(a), Sept. 30, 1996, 110 Stat. 3009-556.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsecs. (b) to (d). Pub. L. 104-208 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.
      1991 - Subsec. (a). Pub. L. 102-232 substituted "fined under
    title 18" for "fined not more than $2,000 (or, if greater, the
    amount provided under title 18)".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 543(b)(2), inserted "or
    attempts to enter" after "(1) enters" and "attempts to enter or"
    after "or (3)", and substituted "shall, for the first commission of
    any such offense, be fined not more than $2,000 (or, if greater,
    the amount provided 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" for "shall, for the first commission of any such offenses,
    be guilty of a misdemeanor and upon conviction thereof be punished
    by imprisonment for not more than six months, or by a fine of not
    more than $500, or by both, and for a subsequent commission of any
    such offenses shall be guilty of a felony and upon conviction
    thereof shall be punished by imprisonment for not more than two
    years, or by a fine of not more than $1,000".
      Subsec. (c). Pub. L. 101-649, Sec. 121(b)(3), added subsec. (c).
      1986 - Pub. L. 99-639 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 105(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section] shall
    apply to illegal entries or attempts to enter occurring on or after
    the first day of the sixth month beginning after the date of the
    enactment of this Act [Sept. 30, 1996]."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 121(b)(3) of Pub. L. 101-649 effective Oct.
    1, 1991, and applicable beginning with fiscal year 1992, see
    section 161(a) of Pub. L. 101-649, set out as a note under section
    1101 of this title.
      Amendment by section 543(b)(2) of Pub. L. 101-649 applicable to
    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
    101-649, set out as a note under section 1221 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1326                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1326. Reentry of removed aliens

-STATUTE-
    (a) In general
      Subject to subsection (b) of this section, any alien who - 
        (1) has been denied admission, excluded, deported, or removed
      or has departed the United States while an order of exclusion,
      deportation, or removal is outstanding, 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 denied admission and removed,
      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) Criminal penalties for reentry of certain removed aliens
      Notwithstanding subsection (a) of this section, in the case of
    any alien described in such subsection - 
        (1) whose removal 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;
        (2) whose removal 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;
        (3) who has been excluded from the United States pursuant to
      section 1225(c) of this title because the alien was excludable
      under section 1182(a)(3)(B) of this title or who has been removed
      from the United States pursuant to the provisions of subchapter V
      of this chapter, and who thereafter, without the permission of
      the Attorney General, enters the United States, or attempts to do
      so, shall be fined under title 18 and imprisoned for a period of
      10 years, which sentence shall not run concurrently with any
      other sentence.(!1) or

        (4) who was removed from the United States pursuant to section
      1231(a)(4)(B) of this title who thereafter, without the
      permission of the Attorney General, enters, attempts to enter, or
      is at any time found in, the United States (unless the Attorney
      General has expressly consented to such alien's reentry) shall be
      fined under title 18, imprisoned for not more than 10 years, or
      both.

    For the purposes of this subsection, the term "removal" includes
    any agreement in which an alien stipulates to removal during (or
    not during) a criminal trial under either Federal or State law.
    (c) Reentry of alien deported prior to completion of term of
      imprisonment
      Any alien deported pursuant to section 1252(h)(2) (!2) of this
    title who enters, attempts to enter, or is at any time found in,
    the United States (unless the Attorney General has expressly
    consented to such alien's reentry) shall be incarcerated for the
    remainder of the sentence of imprisonment which was pending at the
    time of deportation without any reduction for parole or supervised
    release. Such alien shall be subject to such other penalties
    relating to the reentry of deported aliens as may be available
    under this section or any other provision of law.

    (d) Limitation on collateral attack on underlying deportation order
      In a criminal proceeding under this section, an alien may not
    challenge the validity of the deportation order described in
    subsection (a)(1) of this section or subsection (b) of this section
    unless the alien demonstrates that - 
        (1) the alien exhausted any administrative remedies that may
      have been available to seek relief against the order;
        (2) the deportation proceedings at which the order was issued
      improperly deprived the alien of the opportunity for judicial
      review; and
        (3) the entry of the order was fundamentally unfair.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 276, 66 Stat. 229;
    Pub. L. 100-690, title VII, Sec. 7345(a), Nov. 18, 1988, 102 Stat.
    4471; Pub. L. 101-649, title V, Sec. 543(b)(3), Nov. 29, 1990, 104
    Stat. 5059; Pub. L. 103-322, title XIII, Sec. 130001(b), Sept. 13,
    1994, 108 Stat. 2023; Pub. L. 104-132, title IV, Secs. 401(c),
    438(b), 441(a), Apr. 24, 1996, 110 Stat. 1267, 1276, 1279; Pub. L.
    104-208, div. C, title III, Secs. 305(b), 308(d)(4)(J), (e)(1)(K),
    (14)(A), 324(a), (b), Sept. 30, 1996, 110 Stat. 3009-606, 3009-618
    to 3009-620, 3009-629.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1252 of this title, referred to in subsec. (c), was
    amended generally by Pub. L. 104-208, div. C, title III, Sec.
    306(a)(2), Sept. 30, 1996, 110 Stat. 3009-607, and, as so amended,
    does not contain a subsec. (h). For provisions similar to those
    formerly contained in section 1252(h)(2) of this title, see section
    1231(a)(4) of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 308(e)(14)(A), amended section
    catchline.
      Subsec. (a)(1). Pub. L. 104-208, Sec. 308(d)(4)(J)(i),
    substituted "denied admission, excluded, deported, or removed" for
    "arrested and deported, has been excluded and deported," and
    "exclusion, deportation, or removal" for "exclusion or
    deportation".
      Pub. L. 104-208, Sec. 324(a), amended par. (1) generally. Prior
    to amendment, par. (1) read as follows: "has been arrested and
    deported or excluded and deported, and thereafter".
      Subsec. (a)(2)(B). Pub. L. 104-208, Sec. 308(d)(4)(J)(ii),
    substituted "denied admission and removed" for "excluded and
    deported".
      Subsec. (b). Pub. L. 104-208, Sec. 324(b), inserted "(or not
    during)" after "during" in concluding provisions.
      Pub. L. 104-208, Sec. 308(e)(1)(K), substituted "removal" for
    "deportation" wherever appearing in pars. (1) and (2) and in
    concluding provisions.
      Subsec. (b)(2). Pub. L. 104-208, Sec. 305(b)(1), struck out "or"
    at end.
      Subsec. (b)(3). Pub. L. 104-208, Sec. 305(b)(2), inserted "or" at
    end.
      Pub. L. 104-132, Sec. 401(c), added par. (3).
      Subsec. (b)(4). Pub. L. 104-208, Sec. 305(b)(3), added par. (4).
      Subsec. (c). Pub. L. 104-132, Sec. 438(b), added subsec. (c).
      Subsec. (d). Pub. L. 104-132, Sec. 441(a), added subsec. (d).
      1994 - Subsec. (b). Pub. L. 103-322, in par. (1), inserted "three
    or more misdemeanors involving drugs, crimes against the person, or
    both, or" after "commission of" and substituted "10" for "5", in
    par. (2), substituted "20" for "15", and added concluding sentence.
      1990 - Subsec. (a). Pub. L. 101-649 substituted "shall be fined
    under title 18, or imprisoned not more than 2 years" for "shall be
    guilty of a felony, and upon conviction thereof, be punished by
    imprisonment of not more than two years, or by a fine of not more
    than $1,000".
      1988 - Pub. L. 100-690 designated existing provisions as subsec.
    (a), substituted "Subject to subsection (b) of this section, any
    alien" for "Any alien", and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by sections 305(b) and 308(d)(4)(J), (e)(1)(K), (14)(A)
    of Pub. L. 104-208 effective, with certain transitional provisions,
    on the first day of the first month beginning more than 180 days
    after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out
    as a note under section 1101 of this title.
      Section 324(c) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to departures that occurred before, on, or after the date of
    the enactment of this Act [Sept. 30, 1996], but only with respect
    to entries (and attempted entries) occurring on or after such
    date."
      Section 401(f) of Pub. L. 104-132 provided that: "The amendments
    made by this section [enacting sections 1531 to 1537 of this title
    and amending this section and section 1105a of this title] shall
    take effect on the date of enactment of this Act [Apr. 24, 1996]
    and shall apply to all aliens without regard to the date of entry
    or attempted entry into the United States."
      Section 441(b) of Pub. L. 104-132 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    criminal proceedings initiated after the date of enactment of this
    Act [Apr. 24, 1996]."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7345(b) of Pub. L. 100-690 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to any
    alien who enters, attempts to enter, or is found in, the United
    States on or after the date of the enactment of this Act [Nov. 18,
    1988]."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-FOOTNOTE-
    (!1) So in original. The period probably should be a semicolon.

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1327                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1327. Aiding or assisting certain aliens to enter

-STATUTE-
      Any person who knowingly aids or assists any alien inadmissible
    under section 1182(a)(2) (insofar as an alien inadmissible 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 277, 66 Stat. 229;
    Pub. L. 100-690, title VII, Sec. 7346(a), (c)(1), Nov. 18, 1988,
    102 Stat. 4471; Pub. L. 101-649, title V, Sec. 543(b)(4), title VI,
    Sec. 603(a)(16), Nov. 29, 1990, 104 Stat. 5059, 5084; Pub. L. 104-
    208, div. C, title III, Sec. 308(d)(3)(A), Sept. 30, 1996, 110
    Stat. 3009-617.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "inadmissible" for
    "excludable" in two places.
      1990 - Pub. L. 101-649, Sec. 603(a)(16), substituted "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)" for "1182(a)(9), (10), (23) (insofar as
    an alien excludable under any such paragraph has in addition been
    convicted of an aggravated felony), (27), (28), or (29)".
      Pub. L. 101-649, Sec. 543(b)(4), substituted "shall be fined
    under title 18, or imprisoned not more than 10 years" for "shall be
    guilty of a felony, and upon conviction thereof shall be punished
    by a fine of not more than $5,000 or by imprisonment for not more
    than five years".
      1988 - Pub. L. 100-690 substituted "certain aliens" for
    "subversive alien" in section catchline and inserted "(9), (10),
    (23) (insofar as an alien excludable under any such paragraph has
    in addition been convicted of an aggravated felony)," after
    "1182(a)".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 543(b)(4) of Pub. L. 101-649 applicable to
    actions taken after Nov. 29, 1990, see section 543(c) of Pub. L.
    101-649, set out as a note under section 1221 of this title.
      Amendment by section 603(a)(16) of Pub. L. 101-649 applicable to
    individuals entering United States on or after June 1, 1991, see
    section 601(e)(1) of Pub. L. 101-649, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 7346(b) of Pub. L. 100-690 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to any
    aid or assistance which occurs on or after the date of the
    enactment of this Act [Nov. 18, 1988]."

-End-

-CITE-
    8 USC Sec. 1328                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1328. Importation of alien for immoral purpose

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 278, 66 Stat. 230;
    Pub. L. 101-649, title V, Sec. 543(b)(5), Nov. 29, 1990, 104 Stat.
    5059.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "shall be fined under title
    18, or imprisoned not more than 10 years, or both" for "shall, in
    every such case, be guilty of a felony and upon conviction thereof
    shall be punished by a fine of not more than $5,000 and by
    imprisonment for a term of not more than ten years".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to actions taken after
    Nov. 29, 1990, see section 543(c) of Pub. L. 101-649, set out as a
    note under section 1221 of this title.

-End-

-CITE-
    8 USC Sec. 1329                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1329. Jurisdiction of district courts

-STATUTE-
      The district courts of the United States shall have jurisdiction
    of all causes, civil and criminal, brought by the United States
    that arise under 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
    section 1325 or 1326 of this title may be apprehended. No suit or
    proceeding for a violation of any of the provisions of this
    subchapter shall be settled, compromised, or discontinued without
    the consent of the court in which it is pending and any such
    settlement, compromise, or discontinuance shall be entered of
    record with the reasons therefor. Nothing in this section shall be
    construed as providing jurisdiction for suits against the United
    States or its agencies or officers.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 279, 66 Stat. 230;
    Pub. L. 104-208, div. C, title III, Sec. 381(a), Sept. 30, 1996,
    110 Stat. 3009-650.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 381(a)(2), inserted at end "Nothing
    in this section shall be construed as providing jurisdiction for
    suits against the United States or its agencies or officers."
      Pub. L. 104-208, Sec. 381(a)(1), amended first sentence
    generally. Prior to amendment, first sentence read as follows: "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."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 381(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section] shall
    apply to actions filed after the date of the enactment of this Act
    [Sept. 30, 1996]."

-End-

-CITE-
    8 USC Sec. 1330                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

-HEAD-
    Sec. 1330. Collection of penalties and expenses

-STATUTE-
      (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 section 1221, 1224, 1253(c)(2), 1281,
    1283, 1284, 1285, 1286, 1321, 1322, or 1323 of this title shall not
    be regarded as the sole and exclusive means or remedy for the
    enforcement of payments of any fine, penalty or expenses imposed or
    incurred under such sections, but, in the discretion of the
    Attorney General, the amount thereof may be recovered by civil
    suit, in the name of the United States, from any person made liable
    under any of such sections.
      (b)(1) There is established in the general fund of the Treasury a
    separate account which shall be known as the "Immigration
    Enforcement Account". Notwithstanding any other section of this
    subchapter, there shall be deposited as offsetting receipts into
    the Immigration Enforcement Account amounts described in paragraph
    (2) to remain available until expended.
      (2) The amounts described in this paragraph are the following:
        (A) The increase in penalties collected resulting from the
      amendments made by sections 203(b) and 543(a) of the Immigration
      Act of 1990.
        (B) Civil penalties collected under sections 1229c(d), 1324c,
      1324d, and 1325(b) of this title.

      (3)(A) The Secretary of the Treasury shall refund out of the
    Immigration Enforcement Account to any appropriation the amount
    paid out of such appropriation for expenses incurred by the
    Attorney General for activities that enhance enforcement of
    provisions of this subchapter. Such activities include - 
        (i) the identification, investigation, apprehension, detention,
      and removal of criminal aliens;
        (ii) the maintenance and updating of a system to identify and
      track criminal aliens, deportable aliens, inadmissible aliens,
      and aliens illegally entering the United States; and
        (iii) 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.

      (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).
      (C) The amounts required to be refunded from the Immigration
    Enforcement Account for fiscal year 1996 and thereafter shall be
    refunded in accordance with estimates made in the budget request of
    the Attorney General for those fiscal years. Any proposed changes
    in the amounts designated in such 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
    605 of Public Law 104-134.
      (D) The Attorney General shall prepare and submit annually to the
    Congress statements of financial condition of the Immigration
    Enforcement Account, including beginning account balance, revenues,
    withdrawals, and ending account balance and projection for the
    ensuing fiscal year.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 280, 66 Stat. 230;
    Pub. L. 101-649, title V, Sec. 542(a), Nov. 29, 1990, 104 Stat.
    5057; Pub. L. 103-416, title II, Sec. 219(s), Oct. 25, 1994, 108
    Stat. 4317; Pub. L. 104-208, div. C, title III, Secs. 308(g)(4)(C),
    382(a), Sept. 30, 1996, 110 Stat. 3009-623, 3009-651.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 203(b) and 543(a) of the Immigration Act of 1990,
    referred to in subsec. (b)(2)(A), are sections 203(b) and 543(a) of
    Pub. L. 101-649. Section 203(b) of the Act amended section 1281 of
    this title. Section 543(a) of the Act amended sections 1221, former
    1227, 1229 (now 1224), 1284, 1285, 1286, 1287, 1321, 1322, and 1323
    of this title.
      Section 605 of Public Law 104-134, referred to in subsec.
    (b)(3)(C), is section 101[(a)] [title VI, Sec. 605] of Pub. L. 104-
    134, title I, Apr. 26, 1996, 110 Stat. 1321, 1321-63, which is not
    classified to the Code.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(g)(4)(C),
    substituted "1224, 1253(c)(2)" for "1227, 1229, 1253".
      Subsec. (b). Pub. L. 104-208, Sec. 382(a), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
    "Notwithstanding section 3302 of title 31, the increase in
    penalties collected resulting from the amendments made by sections
    203(b), 543(a), and 544 of the Immigration Act of 1990 shall be
    credited to the appropriation - 
        "(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 section
        1252(a)(3)(A) of this title, and
          "(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 section 1252 of this title."
      1994 - Subsec. (b)(1)(C). Pub. L. 103-416 substituted
    "maintenance" for "maintainance".
      1990 - Pub. L. 101-649 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(4)(C) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Section 382(c) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by this section [amending this section and section
    1356 of this title] shall apply to fines and penalties collected on
    or after the date of the enactment of this Act [Sept. 30, 1996]."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 542(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to fines
    and penalties collected on or after January 1, 1991."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Part IX - Miscellaneous                               01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
                          PART IX - MISCELLANEOUS                      

-End-

-CITE-
    8 USC Sec. 1351                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1351. Nonimmigrant visa fees

-STATUTE-
      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. Subject to such criteria as
    the Secretary of State may prescribe, including the duration of
    stay of the alien and the financial burden upon the charitable
    organization, the Secretary of State shall waive or reduce the fee
    for application and issuance of a nonimmigrant visa for any alien
    coming to the United States primarily for, or in activities related
    to, a charitable purpose involving health or nursing care, the
    provision of food or housing, job training, or any other similar
    direct service or assistance to poor or otherwise needy individuals
    in the United States.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 281, 66 Stat. 230;
    Pub. L. 89-236, Sec. 14, Oct. 3, 1965, 79 Stat. 919; Pub. L. 90-
    609, Sec. 1, Oct. 21, 1968, 82 Stat. 1199; Pub. L. 105-54, Sec.
    2(a), Oct. 6, 1997, 111 Stat. 1175.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Headquarters Agreement, referred to in text, is set out as a
    note under section 287 of Title 22, Foreign Relations and
    Intercourse.

-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-54 inserted at end "Subject to such criteria
    as the Secretary of State may prescribe, including the duration of
    stay of the alien and the financial burden upon the charitable
    organization, the Secretary of State shall waive or reduce the fee
    for application and issuance of a nonimmigrant visa for any alien
    coming to the United States primarily for, or in activities related
    to, a charitable purpose involving health or nursing care, the
    provision of food or housing, job training, or any other similar
    direct service or assistance to poor or otherwise needy individuals
    in the United States."
      1968 - Pub. L. 90-609 struck out provisions fixing statutory fees
    for specified immigration and nationality benefits and services
    rendered, including those pertaining to immigrant visas, reentry
    permits, adjustments of status to permanent residence, creation of
    record of admission for permanent residence, suspension of
    deportation, extension of stay to nonimmigrants, and application
    for admission to practice as attorney or representative before the
    Service.
      1965 - Subsec. (a). Pub. L. 89-236, Sec. 14(a), (b), designated
    opening provision beginning "The following fees shall be charged:"
    and ending with the end of par. (7) as subsec. (a) and substituted
    reference to section 1154 of this title for sections 1154(b) and
    1155(b) of this title in par. (6).
      Subsec. (b). Pub. L. 89-236, Sec. 14(c), added subsec. (b).
      Subsec. (c). Pub. L. 89-236, Sec. 14(d), designated closing
    provision consisting of the paragraph beginning "The fees for the
    furnishing" as subsec. (c).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 2(b) of Pub. L. 105-54 provided that: "The amendment made
    by subsection (a) [amending this section] shall take effect on the
    date of the enactment of this Act [Oct. 6, 1997]."

                     EFFECTIVE DATE OF 1965 AMENDMENT                 
      For effective date of amendment by Pub. L. 89-236, see section 20
    of Pub. L. 89-236, set out as a note under section 1151 of this
    title.

       SURCHARGE FOR PROCESSING MACHINE READABLE NONIMMIGRANT VISAS   
      Pub. L. 107-77, title IV, Nov. 28, 2001, 115 Stat. 783, which
    provided in part that notwithstanding section 140(a)(5), and the
    second sentence of section 140(a)(3), of Pub. L. 103-236 [below],
    fees could be collected during fiscal years 2002 and 2003, under
    the authority of section 140(a)(1), and that all fees so collected
    would be deposited in fiscal years 2002 and 2003 as an offsetting
    collection to appropriations made under this heading to recover
    costs under section 140(a)(2) and would remain available until
    expended, was from the Department of State and Related Agency
    Appropriations Act, 2002, and was not repeated in subsequent
    appropriation acts.
      Similar provisions were contained in the following prior
    appropriations acts:
      Pub. L. 106-553, Sec. 1(a)(2) [title IV], Dec. 21, 2000, 114
    Stat. 2762, 2762A-90.
      Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title IV], Nov. 29,
    1999, 113 Stat. 1535, 1501A-39.
      Pub. L. 105-277, div. A, Sec. 101(b) [title IV], Oct. 21, 1998,
    112 Stat. 2681-50, 2681-93.
      Pub. L. 105-119, title IV, Nov. 26, 1997, 111 Stat. 2494.
      Pub. L. 105-46, Sec. 116, Sept. 30, 1997, 111 Stat. 1157.
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title IV], Sept.
    30, 1996, 110 Stat. 3009, 3009-46.
      Pub. L. 104-134, title I, Sec. 101[(a)] [title IV], Apr. 26,
    1996, 110 Stat. 1321, 1321-36; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327.

      Pub. L. 105-277, div. A, Sec. 101(b) [title IV, Sec. 410(a)],
    Oct. 21, 1998, 112 Stat. 2681-50, 1681-102, provided that:
      "(1)(A) Notwithstanding any other provision of law and subject to
    subparagraph (B), the Secretary of State and the Attorney General
    shall impose, for the processing of any application for the
    issuance of a machine readable combined border crossing card and
    nonimmigrant visa under section 101(a)(15)(B) of the Immigration
    and Nationality Act [8 U.S.C. 1101(a)(15)(B)], a fee of $13 (for
    recovery of the costs of manufacturing the combined card and visa)
    in the case of any alien under 15 years of age where the
    application for the machine readable combined border crossing card
    and nonimmigrant visa is made in Mexico by a citizen of Mexico who
    has at least one parent or guardian who has a visa under such
    section or is applying for a machine readable combined border
    crossing card and nonimmigrant visa under such section as well.
      "(B) The Secretary of State and the Attorney General may not
    commence implementation of the requirement in subparagraph (A)
    until the later of - 
        "(i) the date that is 6 months after the date of enactment of
      this Act [Oct. 21, 1998]; or
        "(ii) the date on which the Secretary sets the amount of the
      fee or surcharge in accordance with paragraph (3).
      "(2)(A) Except as provided in subparagraph (B), if the fee for a
    machine readable combined border crossing card and nonimmigrant
    visa issued under section 101(a)(15)(B) of the Immigration and
    Nationality Act [8 U.S.C. 1101(a)(15)(B)] has been reduced under
    paragraph (1) for a child under 15 years of age, the machine
    readable combined border crossing card and nonimmigrant visa shall
    be issued to expire on the earlier of - 
        "(i) the date on which the child attains the age of 15; or
        "(ii) ten years after its date of issue.
      "(B) At the request of the parent or guardian of any alien under
    15 years of age otherwise covered by subparagraph (A), the
    Secretary of State and the Attorney General may charge the non-
    reduced fee for the processing of an application for the issuance
    of a machine readable combined border crossing card and
    nonimmigrant visa under section 101(a)(15)(B) of the Immigration
    and Nationality Act provided that the machine readable combined
    border crossing card and nonimmigrant visa is issued to expire as
    of the same date as is usually provided for visas issued under that
    section.
      "(3) Notwithstanding any other provision of law, the Secretary of
    State shall set the amount of the fee or surcharge authorized
    pursuant to section 140(a) of the Foreign Relations Authorization
    Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351
    note [set out below]) for the processing of machine readable
    nonimmigrant visas and machine readable combined border crossing
    cards and nonimmigrant visas at a level that will ensure the full
    recovery by the Department of State of the costs of processing such
    machine readable nonimmigrant visas and machine readable combined
    border crossing cards and nonimmigrant visas, including the costs
    of processing the machine readable combined border crossing cards
    and nonimmigrant visas for which the fee is reduced pursuant to
    this subsection."
      [Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title IV, Sec. 404],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-45, provided that: "Beginning
    in fiscal year 2000 and thereafter, section 410(a) of the
    Department of State and Related Agencies Appropriations Act, 1999,
    as included in Public Law 105-277 [set out above], shall be in
    effect."]
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of this title.]
      Pub. L. 103-236, title I, Sec. 140(a), Apr. 30, 1994, 108 Stat.
    399, as amended by Pub. L. 103-415, Sec. 1(bb), Oct. 25, 1994, 108
    Stat. 4302; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title
    II, Sec. 231], Nov. 29, 1999, 113 Stat. 1536, 1501A-425; Pub. L.
    107-173, title I, Sec. 103(a), May 14, 2002, 116 Stat. 547; Pub. L.
    107-228, div. A, title II, Sec. 234, Sept. 30, 2002, 116 Stat.
    1373, provided that:
      "(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 the fiscal year 2003, any amount that exceeds
    $460,000,000 may be made available only if a notification is
    submitted to Congress in accordance with the procedures applicable
    to reprogramming notifications under section 34 of the State
    Department Basic Authorities Act of 1956 [22 U.S.C. 2706]."
      Provisions directing the continuing effect for specific periods
    of authorities provided under section 140(a) of Pub. L. 103-236,
    set out above, were contained in the following appropriation acts:
      Pub. L. 104-92, title I, Sec. 112, Jan. 6, 1996, 110 Stat. 18.
      Pub. L. 104-56, title I, Sec. 118, Nov. 20, 1995, 109 Stat. 552.
      Pub. L. 104-54, title I, Sec. 118, Nov. 19, 1995, 109 Stat. 544.
      Pub. L. 104-31, Sec. 119, Sept. 30, 1995, 109 Stat. 281.

-End-

-CITE-
    8 USC Sec. 1352                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1352. Printing of reentry permits and blank forms of manifest
      and crew lists; sale to public

-STATUTE-
      (a) Reentry permits issued under section 1203 of this title shall
    be printed on distinctive safety paper and shall be prepared and
    issued under regulations prescribed by the Attorney General.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 282, 66 Stat. 231.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1353                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1353. Travel expenses and expense of transporting remains of
      officers and employees dying outside of United States

-STATUTE-
      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 chapter 57 of
    title 5. The expense of transporting the remains of such officers,
    inspectors, or other employees who die while in, or in transit to,
    a foreign country in the discharge of their official duties, to
    their former homes in this country for interment, and the ordinary
    and necessary expenses of such interment and of preparation for
    shipment, are authorized to be paid on the written order of the
    Attorney General.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 283, 66 Stat. 231;
    Pub. L. 100-525, Sec. 9(p), Oct. 24, 1988, 102 Stat. 2621.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 substituted "subchapter II of chapter 57
    of title 5" for "the Act of August 2, 1946 (60 Stat. 806; 5 U.S.C.,
    sec. 73b-1)".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1353a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1353a. Officers and employees; overtime services; extra
      compensation; length of working day

-STATUTE-
      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.

-SOURCE-
    (Mar. 2, 1931, ch. 368, Sec. 1, 46 Stat. 1467; Ex. Ord. No. 6166,
    Sec. 14, June 10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940,
    5 F.R. 2223, 54 Stat. 1238; June 27, 1952, ch. 477, title IV, Sec.
    402(i)(1), 66 Stat. 278.)

-COD-
                               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 1551 of this title.
      Section was formerly classified to section 342c of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378. Prior thereto, section was classified to
    section 109a of this title.

-MISC1-
                                AMENDMENTS                            
      1952 - Act June 27, 1952, substituted "immigration officers" for
    "inspectors".

-TRANS-
                           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, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3173, 64 Stat. 1261, set out in the Appendix to Title 5, Government
    Organization and Employees. See sections 509 and 510 of Title 28,
    Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1353b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1353b. Extra compensation; payment

-STATUTE-
      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 section
    1353a of this title. Such extra compensation shall be paid if such
    officers or employees have been ordered to report for duty and have
    so reported, whether the actual inspection or examination of
    passengers or crew takes place or not: Provided, That this section
    shall not apply to the inspection at designated ports of entry of
    passengers arriving by international ferries, bridges, or tunnels,
    or by aircraft, railroad trains, or vessels on the Great Lakes and
    connecting waterways, when operating on regular schedules.

-SOURCE-
    (Mar. 2, 1931, ch. 368, Sec. 2, 46 Stat. 1467; 1940 Reorg. Plan No.
    V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238.)

-COD-
                               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 1551 of this title.
      Section was formerly classified to section 342d of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378. Prior thereto, section was classified to
    section 109b of this title.

-TRANS-
                           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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64
    Stat. 1261, set out in the Appendix to Title 5, Government
    Organization and Employees. See sections 509 and 510 of Title 28,
    Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1353c                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1353c. Immigration officials; service in foreign contiguous
      territory

-STATUTE-
      Nothing in section 209 of title 18 relative to augmenting
    salaries of Government officials from outside sources shall prevent
    receiving reimbursements for services of immigration officials
    incident to the inspection of aliens in foreign contiguous
    territory and such reimbursement shall be credited to the
    appropriation, "Immigration and Naturalization Service - Salaries
    and Expenses."

-SOURCE-
    (Mar. 4, 1921, ch. 161, Sec. 1, 41 Stat. 1424; Sept. 3, 1954, ch.
    1263, Sec. 6, 68 Stat. 1227.)

-COD-
                               CODIFICATION                           
      "Section 209 of title 18" substituted in text for "section 1914
    of title 18" on authority of section 2 of Pub. L. 87-849, Oct. 23,
    1962, 76 Stat. 1126, which repealed section 1914 and supplanted it
    with section 209, and which provided that exemptions from section
    1914 shall be deemed exemptions from section 209. For further
    details, see Exemptions note set out under section 203 of Title 18,
    Crimes and Criminal Procedure.
      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, 41 Stat. 1424, which rendered act Mar. 3, 1917, ch. 163, Sec.
    1, 39 Stat. 1106 (section 66 of former Title 5), inapplicable to
    immigration officials under the circumstances stated.
      Section was formerly classified to section 68 of Title 5 prior to
    the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378. Prior thereto, section was classified to
    section 109c of this title.

-MISC1-
                                AMENDMENTS                            
      1954 - Act Sept. 3, 1954, amended section generally, substituting
    "section 1914 of title 18" for reference to the proviso in the Act
    of March 3, 1917 (5 U.S.C. 66), and substituting "Immigration and
    Naturalization Service - Salaries and Expenses" for "Expenses of
    regulating immigration".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1353d                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1353d. Disposition of money received as extra compensation

-STATUTE-
      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 sections 1353a and 1353b of this
    title, shall be deposited in the Treasury of the United States to
    the credit of the appropriation for the payment of salaries, field
    personnel of the Immigration and Naturalization Service, and the
    appropriation so credited shall be available for the payment of
    such compensation.

-SOURCE-
    (Aug. 22, 1940, ch. 688, 54 Stat. 858; June 27, 1952, ch. 477,
    title IV, Sec. 402(i)(2), 66 Stat. 278.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Immigration and
    Nationality Act which comprises this chapter.
      Section was formerly classified to section 342e of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378. Prior thereto, section was classified to
    section 109d of this title.

-MISC1-
                                AMENDMENTS                            
      1952 - Act June 27, 1952, substituted "immigration officers" for
    "inspectors".

-TRANS-
                           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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64
    Stat. 1261, set out in the Appendix to Title 5, Government
    Organization and Employees. See sections 509 and 510 of Title 28,
    Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1354                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1354. Applicability to members of the Armed Forces

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 284, 66 Stat. 232.)

-End-

-CITE-
    8 USC Sec. 1355                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1355. Disposal of privileges at immigrant stations; rentals;
      retail sale; disposition of receipts

-STATUTE-
      (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 section 5 of title 41 and for the use of Government
    property in connection with the exercise of such exclusive
    privileges a reasonable rental may be charged. The feeding of
    aliens, or the furnishing of any other necessary service in
    connection with any United States immigrant station, may be
    performed by the Service without regard to the foregoing provisions
    of this subsection if the Attorney General shall find that it would
    be advantageous to the Government in terms of economy and
    efficiency. No intoxicating liquors shall be sold at any immigrant
    station.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 285, 66 Stat. 232.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1356                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1356. Disposition of moneys collected under the provisions of
      this subchapter

-STATUTE-
    (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 section
    1223(b) of this title paid by the Service from the appropriation
    for the enforcement of this chapter, shall be credited to the
    appropriation for the enforcement of this chapter for the fiscal
    year in which the expenses were incurred.
    (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 section 1351
    of this title, shall be paid over to the Treasury of the Virgin
    Islands and to the Treasury of Guam, respectively.
    (d) Schedule of fees
      In addition to any other fee authorized by law, the Attorney
    General shall charge and collect $7 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) Except as provided in paragraph (3), 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 State, territory or possession of the United States, or
        (D) any adjacent island (within the meaning of section
      1101(b)(5) of this title).

      (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.

      (3) The Attorney General shall charge and collect $3 per
    individual for the immigration inspection or pre-inspection of each
    commercial vessel passenger whose journey originated in the United
    States or in any place set forth in paragraph (1): Provided, That
    this requirement shall not apply to immigration inspection at
    designated ports of entry of passengers arriving by ferry, or by
    Great Lakes vessels on the Great Lakes and connecting waterways
    when operating on a regular schedule. For the purposes of this
    paragraph, the term "ferry" means a vessel, in other than ocean or
    coastwise service, having provisions only for deck passengers
    and/or vehicles, operating on a short run on a frequent schedule
    between two points over the most direct water route, and offering a
    public service of a type normally attributed to a bridge or tunnel.
    (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 chapter 33 of
    title 26, but only to the extent the regulations issued with
    respect to such taxes do not conflict with the provisions of this
    section.
    (g) Provision of immigration inspection and preinspection services
      Notwithstanding section 1353b of this title, or any other
    provision of law, the immigration services required to be provided
    to passengers upon arrival in the United States on scheduled
    airline flights shall be adequately provided when needed and at no
    cost (other than the fees imposed under subsection (d) of this
    section) to airlines and airline passengers at:
        (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..(!1) 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 sections 1253(c), 1321, and 1323
    of this title and all liquidated damages and expenses collected
    pursuant to this chapter shall be deposited in the Immigration User
    Fee Account.
      (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, including training of, and
      technical assistance to, commercial airline personnel regarding
      such detection;
        (v) providing detention and removal services for inadmissible
      aliens arriving on commercial aircraft and vessels and for any
      alien who is inadmissible under section 1182(a) of this title who
      has attempted illegal entry into the United States through
      avoidance of immigration inspection at air or sea ports-of-entry;
      and
        (vi) providing removal and asylum proceedings at air or sea
      ports-of-entry for inadmissible aliens arriving on commercial
      aircraft and vessels including immigration removal proceedings
      resulting from presentation of fraudulent documents and failure
      to present documentation and for any alien who is inadmissible
      under section 1182(a) of this title who has attempted illegal
      entry into the United States through avoidance of immigration
      inspection at air or sea ports-of-entry.

    The Attorney General shall provide for expenditures for training
    and assistance described in clause (iv) in an amount, for any
    fiscal year, not less than 5 percent of the total of the expenses
    incurred that are described in the previous sentence.
      (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)(A)(i) Notwithstanding any other provision of law, the
    Attorney General is authorized to establish, by regulation, not
    more than 96 projects under which a fee may be charged and
    collected for inspection services provided at one or more land
    border points of entry. Such projects may include the establishment
    of commuter lanes to be made available to qualified United States
    citizens and aliens, as determined by the Attorney General.
      (ii) This subparagraph shall take effect, with respect to any
    project described in clause (1) (!2) that was not authorized to be
    commenced before September 30, 1996, 30 days after submission of a
    written plan by the Attorney General detailing the proposed
    implementation of such project.

      (iii) The Attorney General shall prepare and submit on a
    quarterly basis a status report on each land border inspection
    project implemented under this subparagraph.
      (B) The Attorney General, in consultation with the Secretary of
    the Treasury, may conduct pilot projects to demonstrate the use of
    designated ports of entry after working hours through the use of
    card reading machines or other appropriate technology.
      (2) All of the fees collected under this subsection, including
    receipts for services performed in processing forms I-94, I-94W,
    and I-68, and other similar applications processed at land border
    ports of entry, 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 Public Law 101-162.
      (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.
    (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, and amount (!3) described in section 1255(i)(3)(b) (!4) of
    this title.

      (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 Attorney General 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 amounts required to be refunded from the Fund for fiscal
    year 1998 and thereafter shall be refunded in accordance with
    estimates made in the budget request of the President for those
    fiscal years. Any proposed changes in the amounts designated in
    such budget requests shall only be made after Congressional
    reprogramming notification in accordance with the reprogramming
    guidelines for the applicable fiscal year.
      (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 the Fund
    for initial expenses necessary to enhance collection efforts:
    Provided, That any such transfers shall be refunded from the Fund
    back to the Immigration User Fee Account by December 31, 1993.
    (s) H-1B Nonimmigrant Petitioner Account
      (1) In general
        There is established in the general fund of the Treasury a
      separate account, which shall be known as the "H-1B Nonimmigrant
      Petitioner Account". Notwithstanding any other section of this
      subchapter, there shall be deposited as offsetting receipts into
      the account all fees collected under paragraphs (9) and (11) of
      section 1184(c) of this title.
      (2) Use of fees for job training
        50 percent of amounts deposited into the H-1B Nonimmigrant
      Petitioner Account shall remain available to the Secretary of
      Labor until expended for demonstration programs and projects
      described in section 2916a of title 29.
      (3) Use of fees for low-income scholarship program
        30 percent of the amounts deposited into the H-1B Nonimmigrant
      Petitioner Account shall remain available to the Director of the
      National Science Foundation until expended for scholarships
      described in section 1869c of title 42 for low-income students
      enrolled in a program of study leading to a degree in
      mathematics, engineering, or computer science.
      (4) National Science Foundation competitive grant program for K-
        12 math, science and technology education
        (A) In general
          10 percent of the amounts deposited into the H-1B
        Nonimmigrant Petitioner Account shall remain available to the
        Director of the National Science Foundation until expended to
        carry out a direct or matching grant program to support private-
        public partnerships in K-12 education.
        (B) Types of programs covered
          The Director shall award grants to such programs, including
        those which support the development and implementation of
        standards-based instructional materials models and related
        student assessments that enable K-12 students to acquire an
        understanding of science, mathematics, and technology, as well
        as to develop critical thinking skills; provide systemic
        improvement in training K-12 teachers and education for
        students in science, mathematics, and technology; support the
        professional development of K-12 math and science teachers in
        the use of technology in the classroom; stimulate system-wide K-
        12 reform of science, mathematics, and technology in rural,
        economically disadvantaged regions of the United States;
        provide externships and other opportunities for students to
        increase their appreciation and understanding of science,
        mathematics, engineering, and technology (including summer
        institutes sponsored by an institution of higher education for
        students in grades 7-12 that provide instruction in such
        fields); involve partnerships of industry, educational
        institutions, and community organizations to address the
        educational needs of disadvantaged communities; provide college
        preparatory support to expose and prepare students for careers
        in science, mathematics, engineering, and technology; and
        provide for carrying out systemic reform activities under
        section 1862(a)(1) of title 42.
      (5) Use of fees for duties relating to petitions
        5 percent of the amounts deposited into the H-1B Nonimmigrant
      Petitioner Account shall remain available to the Secretary of
      Homeland Security until expended to carry out duties under
      paragraphs (1) and (9) of section 1184(c) of this title related
      to petitions made for nonimmigrants described in section
      1101(a)(15)(H)(i)(b) of this title, under paragraph (1)(C) or (D)
      of section 1154 (!5) of this title related to petitions for
      immigrants described in section 1153(b) of this title.

      (6) Use of fees for application processing and enforcement
        For fiscal year 1999, 4 percent of the amounts deposited into
      the H-1B Nonimmigrant Petitioner Account shall remain available
      to the Secretary of Labor until expended for decreasing the
      processing time for applications under section 1182(n)(1) of this
      title and for carrying out section 1182(n)(2) of this title.
      Beginning with fiscal year 2000, 5 percent of the amounts
      deposited into the H-1B Nonimmigrant Petitioner Account shall
      remain available to the Secretary of Labor until expended for
      decreasing the processing time for applications under section
      1182(n)(1) of this title and section 1182(a)(5)(A) of this title.
    (t) Genealogy Fee
      (1) There is hereby established the Genealogy Fee for providing
    genealogy research and information services. This fee shall be
    deposited as offsetting collections into the Examinations Fee
    Account. Fees for such research and information services may be set
    at a level that will ensure the recovery of the full costs of
    providing all such services.
      (2) The Attorney General will prepare and submit annually to
    Congress statements of the financial condition of the Genealogy
    Fee.
      (3) Any officer or employee of the Immigration and Naturalization
    Service shall collect fees prescribed under regulation before
    disseminating any requested genealogical information.
    (u) Premium fee for employment-based petitions and applications
      The Attorney General is authorized to establish and collect a
    premium fee for employment-based petitions and applications. This
    fee shall be used to provide certain premium-processing services to
    business customers, and to make infrastructure improvements in the
    adjudications and customer-service processes. For approval of the
    benefit applied for, the petitioner/applicant must meet the legal
    criteria for such benefit. This fee shall be set at $1,000, shall
    be paid in addition to any normal petition/application fee that may
    be applicable, and shall be deposited as offsetting collections in
    the Immigration Examinations Fee Account. The Attorney General may
    adjust this fee according to the Consumer Price Index.
    (v) Fraud Prevention and Detection Account
      (1) In general
        There is established in the general fund of the Treasury a
      separate account, which shall be known as the "Fraud Prevention
      and Detection Account". Notwithstanding any other provision of
      law, there shall be deposited as offsetting receipts into the
      account all fees collected under paragraph (12) or (13) of
      section 1184(c) of this title.
      (2) Use of fees to combat fraud
        (A) Secretary of State
          One-third of the amounts deposited into the Fraud Prevention
        and Detection Account shall remain available to the Secretary
        of State until expended for programs and activities at United
        States embassies and consulates abroad - 
            (i) to increase the number (!6) diplomatic security
          personnel assigned exclusively or primarily to the function
          of preventing and detecting fraud by applicants for visas
          described in subparagraph (H)(i), (H)(ii), or (L) of section
          1101(a)(15) of this title;

            (ii) otherwise to prevent and detect visa fraud, including
          primarily fraud by applicants for visas described in
          subparagraph (H)(i), (H)(ii), or (L) of section 1101(a)(15)
          of this title, in cooperation with the Secretary of Homeland
          Security or pursuant to the terms of a memorandum of
          understanding or other agreement between the Secretary of
          State and the Secretary of Homeland Security; and
            (iii) upon request by the Secretary of Homeland Security,
          to assist such Secretary in carrying out the fraud prevention
          and detection programs and activities described in
          subparagraph (B).
        (B) Secretary of Homeland Security
          One-third of the amounts deposited into the Fraud Prevention
        and Detection Account shall remain available to the Secretary
        of Homeland Security until expended for programs and activities
        to prevent and detect fraud with respect to petitions under
        paragraph (1) or (2)(A) of section 1184(c) of this title to
        grant an alien nonimmigrant status described in subparagraph
        (H)(i), (H)(ii), or (L) of section 1101(a)(15) of this title.
        (C) Secretary of Labor
          One-third of the amounts deposited into the Fraud Prevention
        and Detection Account shall remain available to the Secretary
        of Labor until expended for enforcement programs and activities
        described in section 1182(n) of this title.
        (D) Consultation
          The Secretary of State, the Secretary of Homeland Security,
        and the Secretary of Labor shall consult one another with
        respect to the use of the funds in the Fraud Prevention and
        Detection Account or for programs and activities to prevent and
        detect fraud with respect to petitions under paragraph (1) or
        (2)(A) of section 1184(c) of this title to grant an alien
        nonimmigrant status described in section 1101(a)(15)(H)(ii) of
        this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 286, 66 Stat. 232;
    Pub. L. 97-116, Sec. 13, Dec. 29, 1981, 95 Stat. 1618; Pub. L. 99-
    500, Sec. 101(b) [title II, Sec. 205(a), formerly Sec. 205], Oct.
    18, 1986, 100 Stat. 1783-39, 1783-53, renumbered Sec. 205(a), Pub.
    L. 100-525, Sec. 4(a)(2)(A), Oct. 24, 1988, 102 Stat. 2615; Pub. L.
    99-591, Sec. 101(b) [title II, Sec. 205], Oct. 30, 1986, 100 Stat.
    3341-39, 3341-53; Pub. L. 99-653, Sec. 7(d)(1), Nov. 14, 1986, as
    added Pub. L. 100-525, Sec. 8(f), Oct. 24, 1988, 102 Stat. 2617;
    Pub. L. 100-71, title I, Sec. 1, July 11, 1987, 101 Stat. 394; Pub.
    L. 100-459, title II, Sec. 209(a), Oct. 1, 1988, 102 Stat. 2203;
    Pub. L. 100-525, Sec. 4(a)(1), (d), Oct. 24, 1988, 102 Stat. 2614,
    2615; Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 1000;
    Pub. L. 101-515, title II, Sec. 210(a), (d), Nov. 5, 1990, 104
    Stat. 2120, 2121; Pub. L. 102-232, title III, Sec. 309(a)(1)(A)(i),
    (B), (2), (b)(12), Dec. 12, 1991, 105 Stat. 1757-1759; Pub. L. 102-
    395, title I, Sec. 112, Oct. 6, 1992, 106 Stat. 1843; Pub. L. 103-
    121, title I, Oct. 27, 1993, 107 Stat. 1161; Pub. L. 103-416,
    title II, Sec. 219(t), Oct. 25, 1994, 108 Stat. 4317; Pub. L. 104-
    208, div. C, title I, Secs. 122(a), 124(a)(1), title III, Secs.
    308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1), 376(b), 382(b), title VI,
    Sec. 671(b)(11), (e)(5), (6), Sept. 30, 1996, 110 Stat. 3009-560,
    3009-562, 3009-617 to 3009-619, 3009-622, 3009-648, 3009-651, 3009-
    722, 3009-723; Pub. L. 105-119, title I, Sec. 110(1), (2), Nov.
    26, 1997, 111 Stat. 2457; Pub. L. 105-277, div. A, Sec. 101(b)
    [title I, Sec. 114], div. C, title IV, Sec. 414(b), Oct. 21, 1998,
    112 Stat. 2681-50, 2681-68, 2681-652; Pub. L. 106-113, div. B, Sec.
    1000(a)(1) [title I, Sec. 118], Nov. 29, 1999, 113 Stat. 1535,
    1501A-22; Pub. L. 106-313, title I, Secs. 110(a), 113, Oct. 17,
    2000, 114 Stat. 1255, 1261; Pub. L. 106-553, Sec. 1(a)(2) [title I,
    Sec. 112], Dec. 21, 2000, 114 Stat. 2762, 2762A-68; Pub. L. 106-
    554, Sec. 1(a)(1) [title I, Sec. 106], Dec. 21, 2000, 114 Stat.
    2763, 2763A-11; Pub. L. 107-77, title I, Secs. 109, 110, Nov. 28,
    2001, 115 Stat. 765; Pub. L. 107-173, title IV, Sec. 403(a), May
    14, 2002, 116 Stat. 559; Pub. L. 107-206, title I, Sec. 202, Aug.
    2, 2002, 116 Stat. 832; Pub. L. 107-273, div. C, title I, Sec.
    11016(2), Nov. 2, 2002, 116 Stat. 1824; Pub. L. 107-296, title IV,
    Sec. 457, Nov. 25, 2002, 116 Stat. 2201; Pub. L. 108-7, div. B,
    title I, Sec. 108, div. L, Sec. 107, Feb. 20, 2003, 117 Stat. 67,
    532; Pub. L. 108-77, title IV, Sec. 402(d)(2), Sept. 3, 2003, 117
    Stat. 946; Pub. L. 108-447, div. J, title IV, Secs. 426(b), 427,
    Dec. 8, 2004, 118 Stat. 3357, 3358; Pub. L. 109-13, div. A, title
    VI, Sec. 6046, div. B, title IV, Sec. 403(b), May 11, 2005, 119
    Stat. 295, 319; Pub. L. 109-472, Sec. 2, Jan. 11, 2007, 120 Stat.
    3554.)

-STATAMEND-
                           AMENDMENT OF SECTION                       
      For termination of amendment by section 107(c) of Pub. L. 108-77,
    see Effective and Termination Dates of 2003 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subchapter C of chapter 33 of title 26, referred to in subsec.
    (f)(3), is classified to section 4261 et seq. of Title 26, Internal
    Revenue Code.
      The Federal Advisory Committee Act, referred to in subsec. (k),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      Section 606 of Public Law 101-162, referred to in subsec.
    (q)(3)(B), is section 606 of Pub. L. 101-162, title VI, Nov. 21,
    1989, 103 Stat. 1031, which is not classified to the Code.

-MISC1-
                                AMENDMENTS                            
      2007 - Subsec. (v)(2)(A)(i). Pub. L. 109-472, Sec. 2(1), inserted
    "or primarily" after "exclusively".
      Subsec. (v)(2)(A)(ii). Pub. L. 109-472, Sec. 2(2), amended cl.
    (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "otherwise to prevent and detect such fraud pursuant to the terms
    of a memorandum of understanding or other cooperative agreement
    between the Secretary of State and the Secretary of Homeland
    Security; and".
      2005 - Subsec. (s)(6). Pub. L. 109-13, Sec. 6046, inserted "and
    section 1182(a)(5)(A) of this title" before period at end.
      Subsec. (v). Pub. L. 109-13, Sec. 403(b)(2), struck out "H-1B and
    L" before "Fraud Prevention" in heading.
      Subsec. (v)(1). Pub. L. 109-13, Sec. 403(b)(1)(A), (B), struck
    out "H-1B and L" before "Fraud Prevention" and substituted
    "paragraph (12) or (13) of section 1184(c) of this title" for
    "section 1184(c)(12) of this title".
      Subsec. (v)(2)(A). Pub. L. 109-13, Sec. 403(b)(1)(A), struck out
    "H-1B and L" before "Fraud Prevention" in introductory provisions.
      Subsec. (v)(2)(A)(i). Pub. L. 109-13, Sec. 403(b)(1)(C),
    substituted "(H)(i), (H)(ii)," for "(H)(i)".
      Subsec. (v)(2)(B). Pub. L. 109-13, Sec. 403(b)(1)(A), (C), struck
    out "H-1B and L" before "Fraud Prevention" and substituted "(H)(i),
    (H)(ii)," for "(H)(i)".
      Subsec. (v)(2)(C). Pub. L. 109-13, Sec. 403(b)(1)(A), struck out
    "H-1B and L" before "Fraud Prevention".
      Subsec. (v)(2)(D). Pub. L. 109-13, Sec. 403(b)(1)(A), (D), struck
    out "H-1B and L" before "Fraud Prevention" and inserted "or for
    programs and activities to prevent and detect fraud with respect to
    petitions under paragraph (1) or (2)(A) of section 1184(c) of this
    title to grant an alien nonimmigrant status described in section
    1101(a)(15)(H)(ii) of this title" before period at end.
      2004 - Subsec. (s)(2). Pub. L. 108-447, Sec. 427(1), substituted
    "50 percent" for "55 percent".
      Subsec. (s)(3). Pub. L. 108-447, Sec. 427(2), substituted "30
    percent" for "22 percent".
      Subsec. (s)(4)(A). Pub. L. 108-447, Sec. 427(3), substituted "10
    percent" for "15 percent".
      Subsec. (s)(5). Pub. L. 108-447, Sec. 427(4), substituted "5
    percent" for "4 percent" and "Secretary of Homeland Security" for
    "Attorney General".
      Subsec. (s)(6). Pub. L. 108-447, Sec. 427(5), substituted
    "Beginning with fiscal year 2000, 5 percent of the amounts
    deposited into the H-1B Nonimmigrant Petitioner Account shall
    remain available to the Secretary of Labor until expended for
    decreasing the processing time for applications under section
    1182(n)(1) of this title" for "Beginning with fiscal year 2000, 2
    percent of the amounts deposited into the H-1B Nonimmigrant
    Petitioner Account shall remain available to the Secretary of Labor
    until expended for decreasing the processing time for applications
    under section 1182(n)(1) of this title and section 1182(a)(5)(A) of
    this title, and 2 percent of such amounts shall remain available to
    such Secretary until expended for carrying out section 1182(n)(2)
    of this title. Notwithstanding the preceding sentence, both of the
    amounts made available for any fiscal year (beginning with fiscal
    year 2000) pursuant to the preceding sentence shall be available to
    such Secretary, and shall remain available until expended, only for
    decreasing the processing time for applications under section
    1182(n)(1) of this title until the Secretary submits to the
    Congress a report containing a certification that, during the most
    recently concluded calendar year, the Secretary substantially
    complied with the requirement in section 1182(n)(1) of this title
    relating to the provision of the certification described in section
    1101(a)(15)(H)(i)(b) of this title within a 7-day period".
      Subsec. (v). Pub. L. 108-447, Sec. 426(b), added subsec. (v).
      2003 - Subsec. (e)(3). Pub. L. 108-7, Sec. 108, added par. (3)
    and struck out former par. (3) which read as follows: "The Attorney
    General shall charge and collect $3 per individual for the
    immigration inspection or pre-inspection of each commercial vessel
    passenger whose journey originated in the United States or in any
    place set forth in paragraph (1): Provided, That this requirement
    shall not apply to immigration inspection at designated ports of
    entry of passengers arriving by the following vessels, when
    operating on a regular schedule: Great Lakes international ferries,
    or Great Lakes Vessels on the Great Lakes and connecting
    waterways."
      Subsec. (m). Pub. L. 108-7, Sec. 107, repealed Pub. L. 107-296,
    Sec. 457. See 2002 Amendment note below.
      Subsec. (s)(1). Pub. L. 108-77, Secs. 107(c), 402(d)(2),
    temporarily substituted "paragraphs (9) and (11) of section 1184(c)
    of this title" for "section 1184(c)(9) of this title". See
    Effective and Termination Dates of 2003 Amendment note below.
      2002 - Subsec. (e)(3). Pub. L. 107-206 substituted "shall" for
    "is authorized to" and "requirement" for "authorization".
      Subsec. (g). Pub. L. 107-173 struck out ", within forty-five
    minutes of their presentation for inspection," after "adequately
    provided" in introductory provisions.
      Subsec. (m). Pub. L. 107-296, Sec. 457, which directed the
    substitution of "such services." for "such services, including the
    costs of similar services provided without charge to asylum
    applicants or other immigrants.", was repealed by Pub. L. 108-7,
    Sec. 107.
      Subsec. (q)(2). Pub. L. 107-273 inserted ", including receipts
    for services performed in processing forms I-94, I-94W, and I-68,
    and other similar applications processed at land border ports of
    entry," after "subsection".
      2001 - Subsec. (d). Pub. L. 107-77, Sec. 109(1), substituted "$7"
    for "$6".
      Subsec. (e)(1). Pub. L. 107-77, Sec. 109(2), substituted "Except
    as provided in paragraph (3), no" for "No".
      Subsec. (e)(3). Pub. L. 107-77, Sec. 109(3), added par. (3).
      Subsec. (q)(1)(A)(i). Pub. L. 107-77, Sec. 110, which directed
    the substitution of "96" for "6" in section 286(q)(1)(A) of the
    Immigration and Nationality Act of 1953, was executed by making the
    substitution in section 286(q)(1)(A) of the Immigration and
    Nationality Act to reflect the probable intent of Congress.
      2000 - Subsec. (s)(2). Pub. L. 106-313, Sec. 110(a)(1),
    substituted "55 percent" for "56.3 percent".
      Subsec. (s)(3). Pub. L. 106-313, Sec. 113(b), provided that in
    the amendment made by section 110(a)(2) of Pub. L. 106-313 the
    figure to be inserted is deemed to be "22 percent". See below.
      Pub. L. 106-313, Sec. 110(a)(2), substituted "23.5 percent" for
    "28.2 percent". See above.
      Subsec. (s)(4). Pub. L. 106-313, Sec. 110(a)(3), amended heading
    and text of par. (4) generally. Prior to amendment, text read as
    follows:
      "(A) Grants for mathematics, engineering, or science enrichment
    courses. - 4 percent of the amounts deposited into the H-1B
    Nonimmigrant Petitioner Account shall remain available to the
    Director of the National Science Foundation until expended to make
    merit-reviewed grants, under section 1862(a)(1) of title 42, for
    programs that provide opportunities for enrollment in year-round
    academic enrichment courses in mathematics, engineering, or
    science.
      "(B) Systemic reform activities. - 4 percent of the amounts
    deposited into the H-1B Nonimmigrant Petitioner Account shall
    remain available to the Director of the National Science Foundation
    until expended to carry out systemic reform activities administered
    by the National Science Foundation under section 1862(a)(1) of
    title 42."
      Subsec. (s)(5). Pub. L. 106-313, Sec. 113(a), amended text of
    par. (5) generally. Prior to amendment, text read as follows: "1.5
    percent of the amounts deposited into the H-1B Nonimmigrant
    Petitioner Account shall remain available to the Attorney General
    until expended to carry out duties under paragraphs (1) and (9) of
    section 1184(c) of this title related to petitions made for
    nonimmigrants described in section 1101(a)(15)(H)(i)(b) of this
    title, to decrease the processing time for such petitions, and to
    carry out duties under section 416 of the American Competitiveness
    and Workforce Improvement Act of 1998. Such amounts shall be
    available in addition to any other fees authorized to be collected
    by the Attorney General with respect to such petitions."
      Subsec. (s)(6). Pub. L. 106-554, which directed amendment of
    section 286(s)(6) of the Immigration and Naturalization Act by
    inserting "and section 1182(a)(5)(A) of this title" after
    "decreasing the processing time for applications under section
    1182(n)(1) of this title", was executed by making the amendment to
    subsec. (s)(6) of this section, which is section 286 of the
    Immigration and Nationality Act, to reflect the probable intent of
    Congress.
      Pub. L. 106-313, Sec. 113(b), provided that in the amendments
    made by section 110(a)(4) and (5) of Pub. L. 106-313 the figures to
    be inserted are deemed to be "4 percent" and "2 percent",
    respectively. See below.
      Pub. L. 106-313, Sec. 110(a)(4), substituted "5 percent" for "6
    percent". See above.
      Pub. L. 106-313, Sec. 110(a)(5), substituted "2.5 percent" for "3
    percent" in two places. See above.
      Subsecs. (t), (u). Pub. L. 106-553 added subsecs. (t) and (u).
      1999 - Subsec. (q)(1)(A)(ii) to (iv). Pub. L. 106-113, which
    directed amendment of section 286(q)(1)(A) of the Immigration and
    Nationality Act of 1953 by striking out cl. (ii), redesignating cl.
    (iii) as (ii), striking out ", until September 30, 2000," after
    "submit on a quarterly basis" in cl. (iv), and redesignating cl.
    (iv) as (iii), was executed by making the amendment to this
    section, which is section 286 of the Immigration and Nationality
    Act, to reflect the probable intent of Congress. Prior to
    amendment, cl. (ii) read as follows: "The program authorized in
    this subparagraph shall terminate on September 30, 2000, unless
    further authorized by an Act of Congress."
      1998 - Subsec. (e)(1)(C). Pub. L. 105-277, Sec. 101(b) [title I,
    Sec. 114], inserted "State," before "territory".
      Subsec. (s). Pub. L. 105-277, Sec. 414(b), added subsec. (s).
      1997 - Subsec. (r)(2). Pub. L. 105-119, Sec. 110(2)(A), inserted
    ", and amount described in section 1255(i)(3)(b) of this title"
    after "recovered by the Department of Justice".
      Subsec. (r)(3). Pub. L. 105-119, Sec. 110(2)(B), substituted
    "Attorney General" for "Immigration and Naturalization Service" in
    introductory provisions.
      Subsec. (r)(4). Pub. L. 105-119, Sec. 110(2)(C), added par. (4)
    and struck out former par. (4) which read as follows: "The amount
    required to be refunded from the Fund 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 Public Law 102-395."
      Subsec. (s). Pub. L. 105-119, Sec. 110(1), struck out heading and
    text of subsec. (s) which established Immigration Detention Account
    in general fund of the Treasury to be drawn upon to refund to any
    appropriation amounts paid out for expenses incurred by Attorney
    General for detention of aliens.
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(g)(1), substituted
    "section 1223(b)" for "section 1228(b)".
      Subsec. (h)(1)(A). Pub. L. 104-208, Sec. 671(e)(5), inserted
    period after "expended".
      Subsec. (h)(1)(B). Pub. L. 104-208, Sec. 382(b), substituted
    "1253(c), 1321," for "1321".
      Subsec. (h)(2)(A). Pub. L. 104-208, Sec. 124(a)(1)(B), inserted
    concluding provisions "The Attorney General shall provide for
    expenditures for training and assistance described in clause (iv)
    in an amount, for any fiscal year, not less than 5 percent of the
    total of the expenses incurred that are described in the previous
    sentence."
      Subsec. (h)(2)(A)(iv). Pub. L. 104-208, Sec. 671(e)(6)(A), struck
    out "and" at end.
      Pub. L. 104-208, Sec. 124(a)(1)(A), inserted ", including
    training of, and technical assistance to, commercial airline
    personnel regarding such detection" after "United States".
      Subsec. (h)(2)(A)(v). Pub. L. 104-208, Sec. 671(e)(6)(B)-(E),
    struck out colon after "services for", substituted "and for any
    alien" for "; and any alien", adjusted margins, and substituted
    "entry; and" for "entry." at end.
      Pub. L. 104-208, Sec. 308(e)(1)(L), substituted "removal" for
    "deportation".
      Pub. L. 104-208, Sec. 308(d)(3)(A), substituted "inadmissible"
    for "excludable" in two places.
      Subsec. (h)(2)(A)(vi). Pub. L. 104-208, Sec. 671(e)(6)(B)-(D),
    struck out colon after "ports-of-entry for", substituted "and for
    any alien" for "; and any alien", and adjusted margins.
      Pub. L. 104-208, Sec. 308(d)(4)(K), substituted "removal" for
    "exclusion" in two places.
      Pub. L. 104-208, Sec. 308(d)(3)(A), substituted "inadmissible"
    for "excludable" in two places.
      Subsec. (q)(1). Pub. L. 104-208, Sec. 122(a)(1), added par. (1)
    and struck out heading and text of former par. (1). Text read as
    follows: "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."
      Subsec. (q)(5). Pub. L. 104-208, Sec. 122(a)(2), struck out par.
    (5) which read as follows:
      "(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."
      Subsec. (r)(4), (6). Pub. L. 104-208, Sec. 671(b)(11),
    substituted "the Fund" for "Fund" wherever appearing.
      Subsec. (s). Pub. L. 104-208, Sec. 376(b), added subsec. (s).
      1994 - Subsec. (r). Pub. L. 103-416, Sec. 219(t)(1), substituted
    "Fund" for "Account" in heading.
      Subsec. (r)(1). Pub. L. 103-416, Sec. 219(t)(2), substituted "(in
    this subsection referred to as the 'Fund')" for "(hereafter
    referred to as the Fund)".
      Subsec. (r)(2). Pub. L. 103-416, Sec. 219(t)(3), made technical
    amendment to reference to this chapter involving corresponding
    provision of original act.
      Subsec. (r)(4). Pub. L. 103-416, Sec. 219(t)(4), struck out "the
    Breached Bond/Detention" before "Fund".
      Pub. L. 103-416, Sec. 219(t)(5), substituted "of Public Law 102-
    395" for "of this Act".
      Subsec. (r)(5). Pub. L. 103-416, Sec. 219(t)(6), substituted
    "Fund" for "account" after "condition of the".
      Subsec. (r)(6). Pub. L. 103-416, Sec. 219(t)(4), struck out "the
    Breached Bond/Detention" before "Fund" in two places.
      1993 - Subsec. (d). Pub. L. 103-121 substituted "$6" for "$5".
      Subsec. (h)(2)(A)(v), (vi). Pub. L. 103-121, which directed the
    amendment of subpar. (A) by "deleting subsection (v)" and adding
    new cls. (v) and (vi), was executed by adding cls. (v) and (vi) and
    striking out former cl. (v) which read as follows: "providing
    detention and deportation services for excludable aliens arriving
    on commercial aircraft and vessels.", to reflect the probable
    intent of Congress.
      1992 - Subsec. (r). Pub. L. 102-395 added subsec. (r).
      1991 - Subsec. (e)(1)(D). Pub. L. 102-232, Sec. 309(b)(12), made
    an amendment to reference to section 1101(b)(5) of this title
    involving corresponding provision of original act.
      Subsec. (f)(3). Pub. L. 102-232, Sec. 309(a)(2)(B), made
    technical correction to directory language of Pub. L. 101-515, Sec.
    210(a)(2). See 1990 Amendment note below.
      Subsec. (h)(1)(A). Pub. L. 102-232, Sec. 309(a)(2)(A)(i),
    inserted a period after "available until expended".
      Subsec. (m). Pub. L. 102-232, Sec. 309(a)(2)(A)(ii), substituted
    "additional" for "additonal".
      Pub. L. 102-232, Sec. 309(a)(1)(A)(i)(I), made technical
    correction to directory language of Pub. L. 100-459. See 1988
    Amendment note below.
      Subsec. (n). Pub. L. 102-232, Sec. 309(a)(1)(B), amended
    directory language of Pub. L. 101-162. See 1989 Amendment note
    below.
      Pub. L. 102-232, Sec. 309(a)(1)(A)(i)(I), made technical
    correction to directory language of Pub. L. 100-459. See 1988
    Amendment note below.
      Subsec. (o). Pub. L. 102-232, Sec. 309(a)(1)(A)(i)(II),
    substituted "shall" for "will".
      Pub. L. 102-232, Sec. 309(a)(1)(A)(i)(I), made technical
    correction to directory language of Pub. L. 100-459. See 1988
    Amendment note below.
      Subsec. (p). Pub. L. 102-232, Sec. 309(a)(1)(A)(i)(I), made
    technical correction to directory language of Pub. L. 100-459. See
    1988 Amendment note below.
      Subsec. (q)(2). Pub. L. 102-232, Sec. 309(a)(2)(A)(iii),
    realigned margin.
      Subsec. (q)(3)(A). Pub. L. 102-232, Sec. 309(a)(2)(A)(iii), (iv),
    inserted "the" after "The Secretary of" and realigned margin.
      Subsec. (q)(5)(B). Pub. L. 102-232, Sec. 309(a)(2)(A)(v),
    substituted "paragraph (1)" for "subsection (q)(1)".
      1990 - Subsec. (e)(1). Pub. L. 101-515, Sec. 210(a)(1), inserted
    ", other than aircraft passengers," after "arrival of any
    passenger".
      Subsec. (f)(3). Pub. L. 101-515, Sec. 210(a)(2), as amended by
    Pub. L. 102-232, Sec. 309(a)(2)(B), inserted ", 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" after "in which the fees are collected".
      Subsec. (g). Pub. L. 101-515, Sec. 210(a)(3), inserted ", within
    forty-five minutes of their presentation for inspection," before
    "when needed and".
      Subsec. (h)(1)(A). Pub. L. 101-515, Sec. 210(a)(4), substituted
    "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" for "All
    of the fees collected under subsection (d) of this section shall be
    deposited 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 'Immigration User Fee Account'."
      Subsec. (l). Pub. L. 101-515, Sec. 210(a)(5), added subsec. (l).
      Subsec. (m). Pub. L. 101-515, Sec. 210(d)(1), (2), inserted "as
    offsetting receipts" after "shall be deposited" and inserted before
    period at end ": 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 additonal [sic] costs
    associated with the administration of the fees collected".
      Subsec. (q). Pub. L. 101-515, Sec. 210(d)(3), added subsec. (q).
      1989 - Subsec. (n). Pub. L. 101-162, as amended by Pub. L. 102-
    232, Sec. 309(a)(1)(B), struck out "in excess of $50,000,000"
    before "shall remain available" and struck out after first sentence
    "At least annually, deposits in the amount of $50,000,000 shall be
    transferred from the 'Immigration Examinations Fee Account' to the
    General Fund of the Treasury of the United States."
      1988 - Subsec. (a). Pub. L. 100-525, Sec. 8(f), added Pub. L. 99-
    653, Sec. 7(d)(1). See 1986 Amendment note below.
      Subsecs. (d) to (l). Pub. L. 100-525, Sec. 4(a)(2)(A), (d),
    amended Pub. L. 99-500 and Pub. L. 99-591. See 1986 Amendment note
    below.
      Subsec. (f)(3). Pub. L. 100-525, Sec. 4(a)(1)(A), substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of
    1954", which for purposes of codification was translated as "title
    26" thus requiring no change in text.
      Subsec. (g). Pub. L. 100-525, Sec. 4(a)(1)(B), substituted
    "section 1353b of this title" for "section 1353(a) of this title".
      Subsec. (h)(1)(A). Pub. L. 100-525, Sec. 4(a)(1)(C)(i), amended
    that portion of the first sentence of subpar. (A) following
    "Treasury of the United States" so as to read ", to remain
    available until expended". See 1987 Amendment note below.
      Pub. L. 100-525, Sec. 4(a)(1)(C)(ii), substituted "Fee Account'."
    for "Fee Account.' "
      Subsec. (h)(1)(B). Pub. L. 100-525, Sec. 4(a)(1)(C)(iii)-(v),
    substituted "civil fines or penalties" for "fines, penalties,
    liquidated damages or expenses", inserted "and all liquidated
    damages and expenses collected pursuant to this chapter" after
    "this title", and struck out quotation marks before and after the
    term "Immigration User Fee Account".
      Subsec. (h)(2)(A). Pub. L. 100-525, Sec. 4(a)(1)(C)(vi),
    substituted "vessels and in - " for "vessels and:" in introductory
    provisions and inserted "and" at end of cl. (iv).
      Subsec. (i). Pub. L. 100-525, Sec. 4(a)(1)(D), inserted
    "Reimbursement" as heading.
      Subsec. (l). Pub. L. 100-525, Sec. 4(a)(1)(E), struck out subsec.
    (l) which read as follows:
      "(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). Pub. L. 100-459, as amended by Pub. L. 102-
    232, Sec. 309(a)(1)(A)(i)(I), added subsecs. (m) to (p).
      1987 - Subsec. (h)(1)(A). Pub. L. 100-71, directed the general
    amendment of first sentence of section 205(h)(1)(A) of the
    Departments of Commerce, Justice, and State, and the Judiciary and
    Related Agencies Appropriations Act, 1987, in Pub. L. 99-500 and
    Pub. L. 99-591. Section 205 of such act does not contain a subsec.
    (h)(1)(A) but did enact subsec. (h)(1)(A) of this section and had
    such amendment been executed to first sentence of subsec. (h)(1)(A)
    of this section it would have resulted in inserting ", to remain
    available until expended" after "Treasury of the United States".
    See 1988 Amendment note above.
      1986 - Subsec. (a). Pub. L. 99-653, Sec. 7(d)(1), as added by
    Pub. L. 100-525, Sec. 8(f), substituted "section 1228(b) of this
    title" for "section 1228(c) of this title".
      Subsecs. (d) to (l). Pub. L. 99-500, Sec. 101(b) [title II, Sec.
    205(a), formerly Sec. 205], as redesignated by Pub. L. 100-525,
    Sec. 4(a)(2)(A), added subsecs. (d) to (l).
      Pub. L. 99-591, Sec. 101(b) [title II, Sec. 205], a corrected
    version of Pub. L. 99-500, Sec. 101(b) [title II, Sec. 205(a)], was
    repealed by Pub. L. 100-525, Sec. 4(d), effective as of Oct. 30,
    1986.
      1981 - Subsecs. (b), (c). Pub. L. 97-116 added subsec. (b),
    redesignated former subsec. (b) as (c), and inserted "and
    subsection (b)" after "subsection (a)".

             EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT         
      Amendment by section 403(b) of Pub. L. 109-13 effective 14 days
    after May 11, 2005, and applicable to filings for a fiscal year
    after fiscal year 2005, see section 403(c) of Pub. L. 109-13, set
    out as a note under section 1184 of this title.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Amendment by section 426(b) of Pub. L. 108-447 effective Dec. 8,
    2004, and the fees imposed under such amendment applicable to
    petitions under section 1184(c) of this title, and applications for
    nonimmigrant visas under section 1202 of this title, filed on or
    after the date that is 90 days after Dec. 8, 2004, see section
    426(c) of Pub. L. 108-447, set out as a note under section 1184 of
    this title.

             EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENT         
      Amendment by Pub. L. 108-77 effective on the date the United
    States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
    and ceases to be effective on the date the Agreement ceases to be
    in force, see section 107 of Pub. L. 108-77, set out in a note
    under section 3805 of Title 19, Customs Duties.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 124(a)(2) of div. C of Pub. L. 104-208 provided that:
    "The amendments made by paragraph (1) [amending this section] shall
    apply to expenses incurred during or after fiscal year 1997."
      Amendment by section 308(d)(3)(A), (4)(K), (e)(1)(L), (g)(1) of
    Pub. L. 104-208 effective, with certain transitional provisions, on
    the first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a
    note under section 1101 of this title.
      Amendment by section 376(b) of Pub. L. 104-208 applicable to
    applications made on or after the end of the 90-day period
    beginning Sept. 30, 1996, see section 376(c) of Pub. L. 104-208,
    set out as a note under section 1255 of this title.
      Amendment by section 382(b) of Pub. L. 104-208 applicable to
    fines and penalties collected on or after Sept. 30, 1996, see
    section 382(c) of Pub. L. 104-208, set out as a note under section
    1330 of this title.
      Amendment by section 671(b)(11) of Pub. L. 104-208 effective as
    if included in the enactment of the Immigration and Nationality
    Technical Corrections Act of 1994, Pub. L. 103-416, see section
    671(b)(14) of Pub. L. 104-208, set out as a note under section 1101
    of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(t) of Pub. L. 103-416 provided that the amendment
    made by that section is effective as if included in the enactment
    of Pub. L. 102-395.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 309(a)(3) of Pub. L. 102-232, as amended by Pub. L. 103-
    416, title II, Sec. 219(z)(6), Oct. 25, 1994, 108 Stat. 4318,
    provided that: "The amendments made by paragraphs (1)(A) [amending
    this section and section 1455 of this title] and (1)(B) [amending
    this section] shall be effective as if they were included in the
    enactment of the Department of Justice Appropriations Act, 1989
    [Pub. L. 100-459, title II] and the Department of Justice
    Appropriations Act, 1990 [Pub. L. 101-162, title II],
    respectively."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 210(b) of Pub. L. 101-515 provided that: "The amendment
    made by subsection (a)(1) of this section [amending this section]
    shall apply to fees charged only with respect to immigration
    inspection or preinspection services rendered in regard to arriving
    passengers using transportation for which documents or tickets were
    issued after November 30, 1990."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 4(a)(1), (2)(A) of Pub. L. 100-525 effective
    as if included in enactment of Department of Justice Appropriation
    Act, 1987 (as contained in section 101(b) of Pub. L. 99-500), see
    section 4(c) of Pub. L. 100-525, set out as a note under section
    1222 of this title.
      Amendment by section 8(f) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Amendment by section 7(d)(1) of Pub. L. 99-653 applicable to
    visas issued, and admissions occurring, on or after Nov. 14, 1986,
    see section 23(a) of Pub. L. 99-653, set out as a note under
    section 1101 of this title.
      Pub. L. 99-500, Sec. 101(b) [title II, Sec. 205(b)], as added by
    Pub. L. 100-525, Sec. 4(a)(2)(B), Oct. 24, 1988, 102 Stat. 2615,
    provided that:
      "(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 [8 U.S.C. 1356(d)] 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."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                    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 Pub. L. 92-463, Oct. 6, 1972, 86
    Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

    RESTORATION OF PROVISION REGARDING FEES TO COVER THE FULL COSTS OF
                         ALL ADJUDICATION SERVICES
      Pub. L. 108-7, div. L, Sec. 107, Feb. 20, 2003, 117 Stat. 532,
    provided in part: "That no court shall have jurisdiction over any
    cause or claim arising under the provisions of section 457 of the
    Homeland Security Act of 2002 (Public Law 107-296) [amending this
    section], this section [repealing section 457 of Pub. L. 107-296],
    or any regulations promulgated thereunder."

                           REPORTING REQUIREMENT                       
      Pub. L. 105-277, div. C, title IV, Sec. 414(e), as added by Pub.
    L. 106-313, title I, Sec. 110(c), Oct. 17, 2000, 114 Stat. 1256,
    provided that:
      "The Secretary of Labor and the Director of the National Science
    Foundation shall - 
        "(1) track and monitor the performance of programs receiving H-
      1B Nonimmigrant Fee grant money; and
        "(2) not later than one year after the date of enactment of
      this subsection [Oct. 17, 2000], submit a report to the
      Committees on the Judiciary of the House of Representatives and
      the Senate - [sic]
          "(A) the tracking system to monitor the performance of
        programs receiving H-1B grant funding; and
          "(B) the number of individuals who have completed training
        and have entered the high-skill workforce through these
        programs."

       DEPOSIT OF RECEIPTS FROM INCREASED CHARGE FOR IMMIGRANT VISAS
                     CAUSED BY PROCESSING FINGERPRINTS
      Pub. L. 103-317, title V, Aug. 26, 1994, 108 Stat. 1760, provided
    in part: "That hereafter all receipts received from an increase in
    the charge for Immigrant Visas in effect on September 30, 1994,
    caused by processing an applicant's fingerprints, shall be
    deposited in this account as an offsetting collection and shall
    remain available until expended."

                EXTENSION OF LAND BORDER FEE PILOT PROJECT            
      Pub. L. 104-208, div. A, Sec. 101(a) [title I], Sept. 30, 1996,
    110 Stat. 3009, 3009-10, provided in part: "That the Land Border
    Fee Pilot Project scheduled to end September 30, 1996 [see subsec.
    (q) of this section], is extended to September 30, 1999, for
    projects on both the northern and southern borders of the United
    States, except that no pilot program may implement a universal land
    border crossing toll".
      Similar provisions were contained in the following prior
    appropriations act:
      Pub. L. 103-121, title I, Oct. 27, 1993, 107 Stat. 1161, as
    amended by Pub. L. 103-317, title I, Sec. 111, Aug. 26, 1994, 108
    Stat. 1736, and repealed by Pub. L. 104-208, div. C, title I, Sec.
    122(b), Sept. 30, 1996, 110 Stat. 3009-560.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Probably should be clause "(i)".

    (!3) So in original.

    (!4) So in original. Probably should be section "1255(i)(3)(B)".

    (!5) So in original. Probably should be section "1154(a)".

    (!6) So in original. Probably should be followed by "of".

-End-

-CITE-
    8 USC Sec. 1357                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1357. Powers of immigration officers and employees

-STATUTE-
    (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, expulsion, or removal 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, expulsion, or removal 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 section 1746 of title 28)
    under the provisions of this chapter, who shall knowingly or
    willfully give false evidence or swear (or subscribe under penalty
    of perjury as permitted under section 1746 of title 28) to any
    false statement concerning any matter referred to in this
    subsection shall be guilty of perjury and shall be punished as
    provided by section 1621 of title 18.
    (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 denial of
    admission to 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 section 1229a of this title.
      (2) Such fingerprints and photographs shall be made available to
    Federal, State, and local law enforcement agencies, upon request.
    (g) Performance of immigration officer functions by State officers
      and employees
      (1) Notwithstanding section 1342 of title 31, the Attorney
    General may enter into a written agreement with a State, or any
    political subdivision of a State, pursuant to which an officer or
    employee of the State or subdivision, who is determined by the
    Attorney General to be qualified to perform a function of an
    immigration officer in relation to the investigation, apprehension,
    or detention of aliens in the United States (including the
    transportation of such aliens across State lines to detention
    centers), may carry out such function at the expense of the State
    or political subdivision and to the extent consistent with State
    and local law.
      (2) An agreement under this subsection shall require that an
    officer or employee of a State or political subdivision of a State
    performing a function under the agreement shall have knowledge of,
    and adhere to, Federal law relating to the function, and shall
    contain a written certification that the officers or employees
    performing the function under the agreement have received adequate
    training regarding the enforcement of relevant Federal immigration
    laws.
      (3) In performing a function under this subsection, an officer or
    employee of a State or political subdivision of a State shall be
    subject to the direction and supervision of the Attorney General.
      (4) In performing a function under this subsection, an officer or
    employee of a State or political subdivision of a State may use
    Federal property or facilities, as provided in a written agreement
    between the Attorney General and the State or subdivision.
      (5) With respect to each officer or employee of a State or
    political subdivision who is authorized to perform a function under
    this subsection, the specific powers and duties that may be, or are
    required to be, exercised or performed by the individual, the
    duration of the authority of the individual, and the position of
    the agency of the Attorney General who is required to supervise and
    direct the individual, shall be set forth in a written agreement
    between the Attorney General and the State or political
    subdivision.
      (6) The Attorney General may not accept a service under this
    subsection if the service will be used to displace any Federal
    employee.
      (7) Except as provided in paragraph (8), an officer or employee
    of a State or political subdivision of a State performing functions
    under this subsection shall not be treated as a Federal employee
    for any purpose other than for purposes of chapter 81 of title 5
    (relating to compensation for injury) and sections 2671 through
    2680 of title 28 (relating to tort claims).
      (8) An officer or employee of a State or political subdivision of
    a State acting under color of authority under this subsection, or
    any agreement entered into under this subsection, shall be
    considered to be acting under color of Federal authority for
    purposes of determining the liability, and immunity from suit, of
    the officer or employee in a civil action brought under Federal or
    State law.
      (9) Nothing in this subsection shall be construed to require any
    State or political subdivision of a State to enter into an
    agreement with the Attorney General under this subsection.
      (10) Nothing in this subsection shall be construed to require an
    agreement under this subsection in order for any officer or
    employee of a State or political subdivision of a State - 
        (A) to communicate with the Attorney General regarding the
      immigration status of any individual, including reporting
      knowledge that a particular alien is not lawfully present in the
      United States; or
        (B) otherwise to cooperate with the Attorney General in the
      identification, apprehension, detention, or removal of aliens not
      lawfully present in the United States.
    (h) Protecting abused juveniles
      An alien described in section 1101(a)(27)(J) of this title who
    has been battered, abused, neglected, or abandoned, shall not be
    compelled to contact the alleged abuser (or family member of the
    alleged abuser) at any stage of applying for special immigrant
    juvenile status, including after a request for the consent of the
    Secretary of Homeland Security under section 1101(a)(27)(J)(iii)(I)
    of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 287, 66 Stat. 233;
    Pub. L. 94-550, Sec. 7, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 99-
    570, title I, Sec. 1751(d), Oct. 27, 1986, 100 Stat. 3207-47; Pub.
    L. 99-603, title I, Sec. 116, Nov. 6, 1986, 100 Stat. 3384; Pub. L.
    100-525, Secs. 2(e), 5, Oct. 24, 1988, 102 Stat. 2610, 2615; Pub.
    L. 101-649, title V, Sec. 503(a), (b)(1), Nov. 29, 1990, 104 Stat.
    5048, 5049; Pub. L. 102-232, title III, Sec. 306(a)(3), Dec. 12,
    1991, 105 Stat. 1751; Pub. L. 104-208, div. C, title I, Sec. 133,
    title III, Sec. 308(d)(4)(L), (e)(1)(M), (g)(5)(A)(i), Sept. 30,
    1996, 110 Stat. 3009-563, 3009-618, 3009-619, 3009-623; Pub. L. 109-
    162, title VIII, Sec. 826, Jan. 5, 2006, 119 Stat. 3065; Pub. L.
    109-271, Sec. 6(g), Aug. 12, 2006, 120 Stat. 763.)

-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (h), (i). Pub. L. 109-271 redesignated subsec.
    (i) as (h).
      Subsec. (i). Pub. L. 109-162, which directed the amendment of
    this section "as amended by section 726" by adding cl. (i) at end,
    was executed by adding subsec. (i) at end to reflect the probable
    intent of Congress. Pub. L. 109-162 does not contain a section 726.
      1996 - Subsec. (a)(2), (4). Pub. L. 104-208, Sec.
    308(d)(4)(L)(i), substituted "expulsion, or removal" for "or
    expulsion".
      Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(L)(ii), substituted
    "denial of admission to" for "exclusion from".
      Subsec. (f)(1). Pub. L. 104-208, Sec. 308(g)(5)(A)(i),
    substituted "section 1229a" for "section 1252".
      Subsec. (g). Pub. L. 104-208, Sec. 308(e)(1)(M), which directed
    amendment of subsec. (g) by substituting "removal" for
    "deportation" wherever appearing, could not be executed because the
    word "deportation" did not appear in subsec. (g).
      Pub. L. 104-208, Sec. 133, added subsec. (g).
      1991 - Subsec. (a)(4). Pub. L. 102-232 substituted a semicolon
    for comma at end.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 503(a), struck out
    "and" at end of par. (3), substituted "United States, and" for
    "United States. Any such employee shall also have the power to
    execute any warrant or other process issued by any officer under
    any law regulating the admission, exclusion, or expulsion of
    aliens." at end of par. (4), and added par. (5) and concluding
    provisions.
      Subsec. (f). Pub. L. 101-649, Sec. 503(b)(1), added subsec. (f).
      1988 - Subsec. (d). Pub. L. 100-525, Sec. 5, added par. (3) and
    closing provisions and struck out former par. (3) which read as
    follows: "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."
      Subsec. (e). Pub. L. 100-525, Sec. 2(e)(2), made technical
    amendment to directory language of Pub. L. 99-603, Sec. 116, and
    redesignated the subsec. (d) added by such Sec. 116, as (e). See
    1986 Amendment note below.
      1986 - Subsec. (d). Pub. L. 99-570 added subsec. (d).
      Subsec. (e). Pub. L. 99-603, as amended by Pub. L. 100-525, Sec.
    2(e), added subsec. (e), which prior to amendment by Pub. L. 100-
    525, was designated as a second subsec. (d) of this section.
      1976 - Subsec. (b). Pub. L. 94-550 inserted "(or who has executed
    an unsworn declaration, certificate, verification, or statement
    under penalty of perjury as permitted under section 1746 of title
    28)" after "to whom such oath has been administered" and "(or
    subscribe under penalty of perjury as permitted under section 1746
    of title 28)" after "give false evidence or swear".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(4)(L), (e)(1)(M), (g)(5)(A)(i) of
    Pub. L. 104-208 effective, with certain transitional provisions, on
    the first day of the first month beginning more than 180 days after
    Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out as a
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 2(e) of Pub. L. 100-525 effective as if
    included in enactment of Immigration Reform and Control Act of
    1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out
    as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1358                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1358. Local jurisdiction over immigrant stations

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 288, 66 Stat. 234.)

-End-

-CITE-
    8 USC Sec. 1359                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1359. Application to American Indians born in Canada

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 289, 66 Stat. 234.)

-End-

-CITE-
    8 USC Sec. 1360                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1360. Establishment of central file; information from other
      departments and agencies

-STATUTE-
    (a) Establishment of central file
      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 or denied admission to the United
    States, insofar as such information is available from the existing
    records of the Service, and the names of all aliens hereafter
    admitted or denied admission to the United States, 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) Information from other departments and agencies
      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) Reports on social security account numbers and earnings of
      aliens not authorized to work
      (1) Not later than 3 months after the end of each fiscal year
    (beginning with fiscal year 1996), the Commissioner of Social
    Security shall report to the Committees on the Judiciary of the
    House of Representatives and the Senate on the aggregate quantity
    of social security account numbers issued to aliens not authorized
    to be employed, with respect to which, in such fiscal year,
    earnings were reported to the Social Security Administration.
      (2) If earnings are reported on or after January 1, 1997, to the
    Social Security Administration on a social security account number
    issued to an alien not authorized to work in the United States, the
    Commissioner of Social Security shall provide the Attorney General
    with information regarding the name and address of the alien, the
    name and address of the person reporting the earnings, and the
    amount of the earnings. The information shall be provided in an
    electronic form agreed upon by the Commissioner and the Attorney
    General.
    (d) Certification of search of Service records
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 290, 66 Stat. 234;
    Pub. L. 100-525, Sec. 9(q), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    104-208, div. C, title III, Sec. 308(d)(4)(M), title IV, Sec.
    414(a), Sept. 30, 1996, 110 Stat. 3009-618, 3009-669.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(M),
    substituted "admitted or denied admission to the United States" for
    "admitted to the United States, or excluded therefrom" in two
    places.
      Subsec. (c). Pub. L. 104-208, Sec. 414(a), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "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."
      1988 - Subsec. (c). Pub. L. 100-525 substituted "Secretary of
    Health and Human Services" for "Federal Security Administrator" and
    "The Secretary" for "The Administrator".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(4)(M) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
        REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS    
      Pub. L. 104-208, div. C, title IV, Sec. 414(b), Sept. 30, 1996,
    110 Stat. 3009-669, as amended by Pub. L. 108-156, Sec. 3(d), Dec.
    3, 2003, 117 Stat. 1945, directed the Commissioner of Social
    Security to transmit to the Secretary of Homeland Security, by not
    later than 1 year after Sept. 30, 1996, a report on the extent to
    which social security account numbers and cards were used by aliens
    for fraudulent purposes.

-End-

-CITE-
    8 USC Sec. 1361                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1361. Burden of proof upon alien

-STATUTE-
      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 inadmissible 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 inadmissible
    under any provision of this chapter. In any removal proceeding
    under part IV 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 291, 66 Stat. 234;
    Pub. L. 97-116, Sec. 18(k)(1), Dec. 29, 1981, 95 Stat. 1620; Pub.
    L. 104-208, div. C, title III, Sec. 308(d)(4)(N), (e)(1)(N),
    (g)(9)(A), Sept. 30, 1996, 110 Stat. 3009-618, 3009-619, 3009-624.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 308(g)(9)(A), substituted "part IV"
    for "Part V".
      Pub. L. 104-208, Sec. 308(e)(1)(N), substituted "removal" for
    "deportation".
      Pub. L. 104-208, Sec. 308(d)(4)(N), substituted "inadmissible"
    for "subject to exclusion" in two places.
      1981 - Pub. L. 97-116 substituted "immigrant, special immigrant,
    immediate relative, or refugee" for "quota immigrant, or nonquota
    immigrant".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1362                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1362. Right to counsel

-STATUTE-
      In any removal proceedings before an immigration judge and in any
    appeal proceedings before the Attorney General from any such
    removal 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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 292, 66 Stat. 235;
    Pub. L. 104-208, div. C, title III, Secs. 308(d)(4)(O), 371(b)(9),
    Sept. 30, 1996, 110 Stat. 3009-619, 3009-645.)

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208, Sec. 371(b)(9), substituted "an
    immigration judge" for "a special inquiry officer".
      Pub. L. 104-208, Sec. 308(d)(4)(O), substituted "removal" for
    "exclusion or deportation" in two places.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(d)(4)(O) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 371(b)(9) of Pub. L. 104-208 effective Sept.
    30, 1996, see section 371(d)(1) of Pub. L. 104-208, set out as a
    note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1363                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1363. Deposit of and interest on cash received to secure
      immigration bonds

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 293, as added Pub.
    L. 91-313, Sec. 2, July 10, 1970, 84 Stat. 413.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1363a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1363a. Undercover investigation authority

-STATUTE-
    (a) In general
      With respect to any undercover investigative operation of the
    Service which is necessary for the detection and prosecution of
    crimes against the United States - 
        (1) sums appropriated for the Service may be used for leasing
      space within the United States and the territories and
      possessions of the United States without regard to the following
      provisions of law:
          (A) section 1341(a) of title 31,
          (B) section 11(a) of title 41,
          (C) section 255 of title 41,
          (D) section 8141 of title 40,
          (E) section 3324(a) and (b) of title 31,
          (F) section 22 of title 41, and
          (G) subsections (a) and (c) (!1) of section 254 of title 41;

        (2) sums appropriated for the Service may be used to establish
      or to acquire proprietary corporations or business entities as
      part of an undercover operation, and to operate such corporations
      or business entities on a commercial basis, without regard to the
      provisions of section 9102 of title 31;
        (3) sums appropriated for the Service, and the proceeds from
      the undercover operation, may be deposited in banks or other
      financial institutions without regard to the provisions of
      section 648 of title 18 and of section 3302(a) of title 31; and
        (4) the proceeds from the undercover operation may be used to
      offset necessary and reasonable expenses incurred in such
      operation without regard to the provisions of section 3302(b) of
      title 31.

    The authority set forth in this subsection may be exercised only
    upon written certification of the Commissioner, in consultation
    with the Deputy Attorney General, that any action authorized by
    paragraph (1), (2), (3), or (4) is necessary for the conduct of the
    undercover operation.
    (b) Disposition of proceeds no longer required
      As soon as practicable after the proceeds from an undercover
    investigative operation, carried out under paragraphs (3) and (4)
    of subsection (a) of this section, are no longer necessary for the
    conduct of the operation, the proceeds or the balance of the
    proceeds remaining at the time shall be deposited into the Treasury
    of the United States as miscellaneous receipts.
    (c) Disposition of certain corporations and business entities
      If a corporation or business entity established or acquired as
    part of an undercover operation under paragraph (2) of subsection
    (a) of this section with a net value of over $50,000 is to be
    liquidated, sold, or otherwise disposed of, the Service, as much in
    advance as the Commissioner or Commissioner's designee determines
    practicable, shall report the circumstances to the Attorney
    General, the Director of the Office of Management and Budget, and
    the Comptroller General. The proceeds of the liquidation, sale, or
    other disposition, after obligations are met, shall be deposited in
    the Treasury of the United States as miscellaneous receipts.
    (d) Financial audits
      The Service shall conduct detailed financial audits of closed
    undercover operations on a quarterly basis and shall report the
    results of the audits in writing to the Deputy Attorney General.

-SOURCE-
    (June 27, 1952, ch. 477, title II, ch. 9, Sec. 294, as added Pub.
    L. 104-208, div. C, title II, Sec. 205(a), Sept. 30, 1996, 110
    Stat. 3009-567.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (c) of section 254 of title 41, referred to in subsec.
    (a)(1)(G), was repealed by Pub. L. 103-355, title II, Sec. 2251(b),
    Oct. 13, 1994, 108 Stat. 3320.

-COD-
                               CODIFICATION                           
      In subsec. (a)(1)(A), (E), (2) to (4), "section 1341(a) of title
    31" substituted for "section 3679(a) of the Revised Statutes (31
    U.S.C. 1341)", "section 3324(a) and (b) of title 31" substituted
    for "section 3648 of the Revised Statutes (31 U.S.C. 3324)",
    "section 9102 of title 31" substituted for "section 304 of the
    Government Corporation Control Act (31 U.S.C. 9102)", "section
    3302(a) of title 31" substituted for "section 3639 of the Revised
    Statutes (31 U.S.C. 3302)", and "section 3302(b) of title 31"
    substituted for "section 3617 of the Revised Statutes (31 U.S.C.
    3302)", on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982,
    96 Stat. 1067, the first section of which enacted Title 31, Money
    and Finance.
      In subsec. (a)(1)(D), "section 8141 of title 40" substituted for
    "the third undesignated paragraph under the heading 'Miscellaneous'
    of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34)" on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1363b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1363b. Repealed.

-MISC1-
    Sec. 1363b. Repealed. Pub. L. 105-277, div. A, Sec. 101(b) [title
      I, Sec. 109(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67.
      Section, act June 27, 1952, ch. 477, title II, ch. 9, Sec. 295,
    as added Pub. L. 104-208, div. C, title VI, Sec. 626(a), Sept. 30,
    1996, 110 Stat. 3009-700, related to transportation of remains of
    immigration officers and border patrol agents killed in the line of
    duty. Pub. L. 105-277, which directed the repeal of section 626 of
    the Illegal Immigration Reform and Immigrant Responsibility Act of
    1996, which is section 626 of Pub. L. 104-208, div. C, title VI,
    Sept. 30, 1996, 110 Stat. 3009-700, was executed by repealing this
    section, which was section 295 of the Immigration and Nationality
    Act and was enacted by section 626(a) of Pub. L. 104-208, to
    reflect the probable intent of Congress.

-End-

-CITE-
    8 USC Sec. 1364                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1364. Triennial comprehensive report on immigration

-STATUTE-
    (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 section 237 of the Immigration
      and Nationality Act [8 U.S.C. 1227]; and
        (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 title II of the Immigration and Nationality Act [8
    U.S.C. 1151 et seq.] bearing on the admission and entry of such
    aliens to the United States.

-SOURCE-
    (Pub. L. 99-603, title IV, Sec. 401, Nov. 6, 1986, 100 Stat. 3440;
    Pub. L. 104-208, div. C, title III, Sec. 308(g)(1), Sept. 30, 1996,
    110 Stat. 3009-622.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec. (d),
    is act June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title II
    of the Act is classified principally to subchapter II (Sec. 1151 et
    seq.) of this chapter. For complete classification of this Act to
    the Code, see Short Title note set out under section 1101 of this
    title and Tables.

-COD-
                               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.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(2). Pub. L. 104-208 substituted "section 237"
    for "section 241".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-EXEC-
      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, as amended by
    Ex. Ord. No. 13286, Sec. 32, Feb. 28, 2003, 68 F.R. 10625,
    provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including section 301 of
    title 3, United States Code, and title IV of the Immigration Reform
    and Control Act of 1986, Public Law 99-603 ("Reform Act") [title IV
    of Pub. L. 99-603, Nov. 6, 1986, 100 Stat. 3440, which enacted
    section 1364 of this title and provisions set out as notes under
    sections 1101, 1187, 1188, 1255a, and 1324a of this title], it is
    hereby ordered as follows:
      Section 1. The Secretary of Homeland Security shall: (a) perform,
    in coordination with the Secretary of Labor, the functions vested
    in the President by section 401 of the Reform Act (8 U.S.C. 1364);
      (b) perform, except for the functions in section 402(3)(A), the
    functions vested in the President by section 402 of the Reform Act
    (8 U.S.C. 1324a note); and
      (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 (8 U.S.C. 1255a note).
      Sec. 2. The Secretary of Labor shall: (a) perform the functions
    vested in the President by section 402(3)(A) of the Reform Act (8
    U.S.C. 1324a note);
      (b) perform the functions vested in the President by section 403
    of the Reform Act (8 U.S.C. 1188 note); and
      (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 (8 U.S.C. 1255a note).
      Sec. 3. The functions delegated by sections 1 and 2 of this order
    shall be performed in accordance with the procedures set forth in
    OMB Circular A-19.
      Sec. 4. This order shall be effective immediately.
                                                            George Bush.

-End-

-CITE-
    8 USC Sec. 1365                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1365. Reimbursement of States for costs of incarcerating
      illegal aliens and certain Cuban nationals

-STATUTE-
    (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 section
    1101(a)(36) of this title.

-SOURCE-
    (Pub. L. 99-603, title V, Sec. 501, Nov. 6, 1986, 100 Stat. 3443.)

-COD-
                               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.

-MISC1-
                                REGULATIONS                            
      Pub. L. 103-317, title VIII, Aug. 26, 1994, 108 Stat. 1778,
    provided in part: "That the Attorney General shall promulgate
    regulations to (a) prescribe requirements for program participation
    eligibility for States, (b) require verification by States of the
    eligible incarcerated population data with the Immigration and
    Naturalization Service, (c) prescribe a formula for distributing
    assistance to eligible States, and (d) award assistance to eligible
    States".
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of this title.]

-End-

-CITE-
    8 USC Sec. 1365a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1365a. Integrated entry and exit data system

-STATUTE-
    (a) Requirement
      The Attorney General shall implement an integrated entry and exit
    data system.
    (b) Integrated entry and exit data system defined
      For purposes of this section, the term "integrated entry and exit
    data system" means an electronic system that - 
        (1) provides access to, and integrates, alien arrival and
      departure data that are - 
          (A) authorized or required to be created or collected under
        law;
          (B) in an electronic format; and
          (C) in a data base of the Department of Justice or the
        Department of State, including those created or used at ports
        of entry and at consular offices;

        (2) uses available data described in paragraph (1) to produce a
      report of arriving and departing aliens by country of
      nationality, classification as an immigrant or nonimmigrant, and
      date of arrival in, and departure from, the United States;
        (3) matches an alien's available arrival data with the alien's
      available departure data;
        (4) assists the Attorney General (and the Secretary of State,
      to the extent necessary to carry out such Secretary's obligations
      under immigration law) to identify, through on-line searching
      procedures, lawfully admitted nonimmigrants who may have remained
      in the United States beyond the period authorized by the Attorney
      General; and
        (5) otherwise uses available alien arrival and departure data
      described in paragraph (1) to permit the Attorney General to make
      the reports required under subsection (e) of this section.
    (c) Construction
      (1) No additional authority to impose documentary or data
        collection requirements
        Nothing in this section shall be construed to permit the
      Attorney General or the Secretary of State to impose any new
      documentary or data collection requirements on any person in
      order to satisfy the requirements of this section, including - 
          (A) requirements on any alien for whom the documentary
        requirements in section 1182(a)(7)(B) of this title have been
        waived by the Attorney General and the Secretary of State under
        section 1182(d)(4)(B) of this title; or
          (B) requirements that are inconsistent with the North
        American Free Trade Agreement.
      (2) No reduction of authority
        Nothing in this section shall be construed to reduce or curtail
      any authority of the Attorney General or the Secretary of State
      under any other provision of law.
    (d) Deadlines
      (1) Airports and seaports
        Not later than December 31, 2003, the Attorney General shall
      implement the integrated entry and exit data system using
      available alien arrival and departure data described in
      subsection (b)(1) of this section pertaining to aliens arriving
      in, or departing from, the United States at an airport or
      seaport. Such implementation shall include ensuring that such
      data, when collected or created by an immigration officer at an
      airport or seaport, are entered into the system and can be
      accessed by immigration officers at other airports and seaports.
      (2) High-traffic land border ports of entry
        Not later than December 31, 2004, the Attorney General shall
      implement the integrated entry and exit data system using the
      data described in paragraph (1) and available alien arrival and
      departure data described in subsection (b)(1) of this section
      pertaining to aliens arriving in, or departing from, the United
      States at the 50 land border ports of entry determined by the
      Attorney General to serve the highest numbers of arriving and
      departing aliens. Such implementation shall include ensuring that
      such data, when collected or created by an immigration officer at
      such a port of entry, are entered into the system and can be
      accessed by immigration officers at airports, seaports, and other
      such land border ports of entry.
      (3) Remaining data
        Not later than December 31, 2005, the Attorney General shall
      fully implement the integrated entry and exit data system using
      all data described in subsection (b)(1) of this section. Such
      implementation shall include ensuring that all such data are
      available to immigration officers at all ports of entry into the
      United States.
    (e) Reports
      (1) In general
        Not later than December 31 of each year following the
      commencement of implementation of the integrated entry and exit
      data system, the Attorney General shall use the system to prepare
      an annual report to the Committees on the Judiciary of the House
      of Representatives and of the Senate.
      (2) Information
        Each report shall include the following information with
      respect to the preceding fiscal year, and an analysis of that
      information:
          (A) The number of aliens for whom departure data was
        collected during the reporting period, with an accounting by
        country of nationality of the departing alien.
          (B) The number of departing aliens whose departure data was
        successfully matched to the alien's arrival data, with an
        accounting by the alien's country of nationality and by the
        alien's classification as an immigrant or nonimmigrant.
          (C) The number of aliens who arrived pursuant to a
        nonimmigrant visa, or as a visitor under the visa waiver
        program under section 1187 of this title, for whom no matching
        departure data have been obtained through the system or through
        other means as of the end of the alien's authorized period of
        stay, with an accounting by the alien's country of nationality
        and date of arrival in the United States.
          (D) The number of lawfully admitted nonimmigrants identified
        as having remained in the United States beyond the period
        authorized by the Attorney General, with an accounting by the
        alien's country of nationality.
    (f) Authority to provide access to system
      (1) In general
        Subject to subsection (d) of this section, the Attorney
      General, in consultation with the Secretary of State, shall
      determine which officers and employees of the Departments of
      Justice and State may enter data into, and have access to the
      data contained in, the integrated entry and exit data system.
      (2) Other law enforcement officials
        The Attorney General, in the discretion of the Attorney
      General, may permit other Federal, State, and local law
      enforcement officials to have access to the data contained in the
      integrated entry and exit data system for law enforcement
      purposes.
    (g) Use of task force recommendations
      The Attorney General shall continuously update and improve the
    integrated entry and exit data system as technology improves and
    using the recommendations of the task force established under
    section 3 of the Immigration and Naturalization Service Data
    Management Improvement Act of 2000.
    (h) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    such sums as may be necessary for fiscal years 2001 through 2008.

-SOURCE-
    (Pub. L. 104-208, div. C, title I, Sec. 110, Sept. 30, 1996, 110
    Stat. 3009-558; Pub. L. 105-259, Sec. 1, Oct. 15, 1998, 112 Stat.
    1918; Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 116],
    Oct. 21, 1998, 112 Stat. 2681-50, 2681-68; Pub. L. 106-215, Sec.
    2(a), June 15, 2000, 114 Stat. 337.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Immigration law, referred to in subsec. (b)(4), is classified
    generally to this title. See also section 1101(a)(17) of this
    title.
      Section 3 of the Immigration and Naturalization Service Data
    Management Improvement Act of 2000, referred to in subsec. (g), is
    section 3 of Pub. L. 106-215, set out as a note below.

-COD-
                               CODIFICATION                           
      Section was formerly set out as a note under section 1221 of this
    title.
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-215 amended section catchline and text
    generally. Prior to amendment, text read as follows:
      "(a) System. - Not later than October 15, 1998 (and not later
    than March 30, 2001, in the case of land border ports of entry and
    sea ports), the Attorney General shall develop an automated entry
    and exit control system that will - 
        "(1) collect a record of departure for every alien departing
      the United States and match the records of departure with the
      record of the alien's arrival in the United States;
        "(2) enable the Attorney General to identify, through on-line
      searching procedures, lawfully admitted nonimmigrants who remain
      in the United States beyond the period authorized by the Attorney
      General; and
        "(3) not significantly disrupt trade, tourism, or other
      legitimate cross-border traffic at land border ports of entry.
      "(b) Report. - 
        "(1) Deadline. - Not later than December 31 of each year
      following the development of the system under subsection (a) of
      this section, the Attorney General shall submit an annual report
      to the Committees on the Judiciary of the House of
      Representatives and of the Senate on such system.
        "(2) Information. - The report shall include the following
      information:
          "(A) The number of departure records collected, with an
        accounting by country of nationality of the departing alien.
          "(B) The number of departure records that were successfully
        matched to records of the alien's prior arrival in the United
        States, with an accounting by the alien's country of
        nationality and by the alien's classification as an immigrant
        or nonimmigrant.
          "(C) The number of aliens who arrived as nonimmigrants, or as
        a visitor under the visa waiver program under section 1187 of
        this title, for whom no matching departure record has been
        obtained through the system or through other means as of the
        end of the alien's authorized period of stay, with an
        accounting by the alien's country of nationality and date of
        arrival in the United States.
      "(c) Use of Information on Overstays. - Information regarding
    aliens who have remained in the United Staty beyond their
    authorized period of stay identified through the system shall be
    integrated into appropriate data bases of the Immigration and
    Naturalization Service and the Department of State, including those
    used at ports of entry and at consular offices."
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 116(1), in introductory
    provisions, substituted "later than October 15, 1998 (and not later
    than March 30, 2001, in the case of land border ports of entry and
    sea ports), the Attorney" for "later than October 15, 1998, the
    Attorney".
      Pub. L. 105-259 in introductory provisions, substituted "October
    15, 1998" for "2 years after September 30, 1996".
      Subsec. (a)(3). Pub. L. 105-277, Sec. 116(2)-(4), added par. (3).

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                        VISA INTEGRITY AND SECURITY                    
      Pub. L. 107-56, title IV, Sec. 414, Oct. 26, 2001, 115 Stat. 353,
    as amended by Pub. L. 107-173, title II, Sec. 201(b)(2), May 14,
    2002, 116 Stat. 547, provided that:
      "(a) Sense of Congress Regarding the Need To Expedite
    Implementation of Integrated Entry and Exit Data System. - 
        "(1) Sense of congress. - In light of the terrorist attacks
      perpetrated against the United States on September 11, 2001, it
      is the sense of the Congress that - 
          "(A) the Attorney General, in consultation with the Secretary
        of State, should fully implement the integrated entry and exit
        data system for airports, seaports, and land border ports of
        entry, as specified in section 110 of the Illegal Immigration
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
        1365a), with all deliberate speed and as expeditiously as
        practicable; and
          "(B) the Attorney General, in consultation with the Secretary
        of State, the Secretary of Commerce, the Secretary of the
        Treasury, and the Office of Homeland Security, should
        immediately begin establishing the Integrated Entry and Exit
        Data System Task Force, as described in section 3 of the
        Immigration and Naturalization Service Data Management
        Improvement Act of 2000 (Public Law 106-215) [set out as a note
        below].
        "(2) Authorization of appropriations. - There is authorized to
      be appropriated such sums as may be necessary to fully implement
      the system described in paragraph (1)(A).
      "(b) Development of the System. - In the development of the
    integrated entry and exit data system under section 110 of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1365a), the Attorney General and the Secretary of State
    shall particularly focus on - 
        "(1) the utilization of biometric technology; and
        "(2) the development of tamper-resistant documents readable at
      ports of entry.
      "(c) Interface With Law Enforcement Databases. - The entry and
    exit data system described in this section shall be able to
    interface with law enforcement databases for use by Federal law
    enforcement to identify and detain individuals who pose a threat to
    the national security of the United States."

                                TASK FORCE                            
      Pub. L. 106-215, Sec. 3, June 15, 2000, 114 Stat. 339, as amended
    by Pub. L. 107-56, title IV, Sec. 415, Oct. 26, 2001, 115 Stat.
    354, provided that:
      "(a) Establishment. - Not later than 6 months after the date of
    the enactment of this Act [June 15, 2000], the Attorney General, in
    consultation with the Secretary of State, the Secretary of
    Commerce, the Secretary of the Treasury, and the Office of Homeland
    Security[,] shall establish a task force to carry out the duties
    described in subsection (c) (in this section referred to as the
    'Task Force').
      "(b) Membership. - 
        "(1) Chairperson; appointment of members. - The Task Force
      shall be composed of the Attorney General and 16 other members
      appointed in accordance with paragraph (2). The Attorney General
      shall be the chairperson and shall appoint the other members.
        "(2) Appointment requirements. - In appointing the other
      members of the Task Force, the Attorney General shall include - 
          "(A) representatives of Federal, State, and local agencies
        with an interest in the duties of the Task Force, including
        representatives of agencies with an interest in - 
            "(i) immigration and naturalization;
            "(ii) travel and tourism;
            "(iii) transportation;
            "(iv) trade;
            "(v) law enforcement;
            "(vi) national security; or
            "(vii) the environment; and
          "(B) private sector representatives of affected industries
        and groups.
        "(3) Terms. - Each member shall be appointed for the life of
      the Task Force. Any vacancy shall be filled by the Attorney
      General.
        "(4) Compensation. - 
          "(A) In general. - Each member of the Task Force shall serve
        without compensation, and members who are officers or employees
        of the United States shall serve without compensation in
        addition to that received for their services as officers or
        employees of the United States.
          "(B) Travel expenses. - The members of the Task Force shall
        be allowed travel expenses, including per diem in lieu of
        subsistence, at rates authorized for employees of agencies
        under subchapter I of chapter 57 of title 5, United States
        Code, while away from their homes or regular places of business
        in the performance of service for the Task Force.
      "(c) Duties. - The Task Force shall evaluate the following:
        "(1) How the Attorney General can efficiently and effectively
      carry out section 110 of the Illegal Immigration Reform and
      Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note [8
      U.S.C. 1365a]), as amended by section 2 of this Act.
        "(2) How the United States can improve the flow of traffic at
      airports, seaports, and land border ports of entry through - 
          "(A) enhancing systems for data collection and data sharing,
        including the integrated entry and exit data system described
        in section 110 of the Illegal Immigration Reform and Immigrant
        Responsibility Act of 1996 (8 U.S.C. 1221 note [8 U.S.C.
        1365a]), as amended by section 2 of this Act, by better use of
        technology, resources, and personnel;
          "(B) increasing cooperation between the public and private
        sectors;
          "(C) increasing cooperation among Federal agencies and among
        Federal and State agencies; and
          "(D) modifying information technology systems while taking
        into account the different data systems, infrastructure, and
        processing procedures of airports, seaports, and land border
        ports of entry.
        "(3) The cost of implementing each of its recommendations.
      "(d) Staff and Support Services. - 
        "(1) In general. - The Attorney General may, without regard to
      the civil service laws and regulations, appoint and terminate an
      executive director and such other additional personnel as may be
      necessary to enable the Task Force to perform its duties. The
      employment and termination of an executive director shall be
      subject to confirmation by a majority of the members of the Task
      Force.
        "(2) Compensation. - The executive director shall be
      compensated at a rate not to exceed the rate payable for level V
      of the Executive Schedule under section 5316 of title 5, United
      States Code. The Attorney General may fix the compensation of
      other personnel without regard to the provisions of chapter 51
      and subchapter III of chapter 53 of title 5, United States Code,
      relating to classification of positions and General Schedule pay
      rates, except that the rate of pay for such personnel may not
      exceed the rate payable for level V of the Executive Schedule
      under section 5316 of such title.
        "(3) Detail of government employees. - Any Federal Government
      employee, with the approval of the head of the appropriate
      Federal agency, may be detailed to the Task Force without
      reimbursement, and such detail shall be without interruption or
      loss of civil service status, benefits, or privilege.
        "(4) Procurement of temporary and intermittent services. - The
      Attorney General may procure temporary and intermittent services
      for the Task Force under section 3109(b) of title 5, United
      States Code, at rates for individuals not to exceed the daily
      equivalent of the annual rate of basic pay prescribed for level V
      of the Executive Schedule under section 5316 of such title.
        "(5) Administrative support services. - Upon the request of the
      Attorney General, the Administrator of General Services shall
      provide to the Task Force, on a reimbursable basis, the
      administrative support services necessary for the Task Force to
      carry out its responsibilities under this section.
      "(e) Hearings and Sessions. - The Task Force may, for the purpose
    of carrying out this section, hold hearings, sit and act at times
    and places, take testimony, and receive evidence as the Task Force
    considers appropriate.
      "(f) Obtaining Official Data. - The Task Force 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 Attorney General, the head of that department or
    agency shall furnish that information to the Task Force.
      "(g) Reports. - 
        "(1) Deadline. - Not later than December 31, 2002, and not
      later than December 31 of each year thereafter in which the Task
      Force is in existence, the Attorney General shall submit a report
      to the Committees on the Judiciary of the House of
      Representatives and of the Senate containing the findings,
      conclusions, and recommendations of the Task Force. Each report
      shall also measure and evaluate how much progress the Task Force
      has made, how much work remains, how long the remaining work will
      take to complete, and the cost of completing the remaining work.
        "(2) Delegation. - The Attorney General may delegate to the
      Commissioner, Immigration and Naturalization Service, the
      responsibility for preparing and transmitting any such report.
      "(h) Legislative Recommendations. - 
        "(1) In general. - The Attorney General shall make such
      legislative recommendations as the Attorney General deems
      appropriate - 
          "(A) to implement the recommendations of the Task Force; and
          "(B) to obtain authorization for the appropriation of funds,
        the expenditure of receipts, or the reprogramming of existing
        funds to implement such recommendations.
        "(2) Delegation. - The Attorney General may delegate to the
      Commissioner, Immigration and Naturalization Service, the
      responsibility for preparing and transmitting any such
      legislative recommendations.
      "(i) Termination. - The Task Force shall terminate on a date
    designated by the Attorney General as the date on which the work of
    the Task Force has been completed.
      "(j) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section such sums as may be
    necessary for fiscal years 2001 through 2003."

-End-

-CITE-
    8 USC Sec. 1365b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1365b. Biometric entry and exit data system

-STATUTE-
    (a) Finding
      Consistent with the report of the National Commission on
    Terrorist Attacks Upon the United States, Congress finds that
    completing a biometric entry and exit data system as expeditiously
    as possible is an essential investment in efforts to protect the
    United States by preventing the entry of terrorists.
    (b) Definition
      In this section, the term "entry and exit data system" means the
    entry and exit system required by applicable sections of - 
        (1) the Illegal Immigration Reform and Immigrant Responsibility
      Act of 1996 (Public Law 104-208);
        (2) the Immigration and Naturalization Service Data Management
      Improvement Act of 2000 (Public Law 106-205) (!1) ;

        (3) the Visa Waiver Permanent Program Act (Public Law 106-396);
        (4) the Enhanced Border Security and Visa Entry Reform Act of
      2002 (Public Law 107-173) [8 U.S.C. 1701 et seq]; and
        (5) the Uniting and Strengthening America by Providing
      Appropriate Tools Required to Intercept and Obstruct Terrorism
      (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
    (c) Plan and report
      (1) Development of plan
        The Secretary of Homeland Security shall develop a plan to
      accelerate the full implementation of an automated biometric
      entry and exit data system.
      (2) Report
        Not later than 180 days after December 17, 2004, the Secretary
      shall submit a report to Congress on the plan developed under
      paragraph (1), which shall contain - 
          (A) a description of the current functionality of the entry
        and exit data system, including - 
            (i) a listing of ports of entry and other Department of
          Homeland Security and Department of State locations with
          biometric entry data systems in use and whether such
          screening systems are located at primary or secondary
          inspection areas;
            (ii) a listing of ports of entry and other Department of
          Homeland Security and Department of State locations with
          biometric exit data systems in use;
            (iii) a listing of databases and data systems with which
          the entry and exit data system are interoperable;
            (iv) a description of - 
              (I) identified deficiencies concerning the accuracy or
            integrity of the information contained in the entry and
            exit data system;
              (II) identified deficiencies concerning technology
            associated with processing individuals through the system;
            and
              (III) programs or policies planned or implemented to
            correct problems identified in subclause (I) or (II); and

            (v) an assessment of the effectiveness of the entry and
          exit data system in fulfilling its intended purposes,
          including preventing terrorists from entering the United
          States;

          (B) a description of factors relevant to the accelerated
        implementation of the biometric entry and exit data system,
        including - 
            (i) the earliest date on which the Secretary estimates that
          full implementation of the biometric entry and exit data
          system can be completed;
            (ii) the actions the Secretary will take to accelerate the
          full implementation of the biometric entry and exit data
          system at all ports of entry through which all aliens must
          pass that are legally required to do so; and
            (iii) the resources and authorities required to enable the
          Secretary to meet the implementation date described in clause
          (i);

          (C) a description of any improvements needed in the
        information technology employed for the biometric entry and
        exit data system;
          (D) a description of plans for improved or added
        interoperability with any other databases or data systems; and
          (E) a description of the manner in which the Department of
        Homeland Security's US-VISIT program - 
            (i) meets the goals of a comprehensive entry and exit
          screening system, including both entry and exit biometric;
          and
            (ii) fulfills the statutory obligations under subsection
          (b) of this section.
    (d) Collection of biometric exit data
      The entry and exit data system shall include a requirement for
    the collection of biometric exit data for all categories of
    individuals who are required to provide biometric entry data,
    regardless of the port of entry where such categories of
    individuals entered the United States.
    (e) Integration and interoperability
      (1) Integration of data system
        Not later than 2 years after December 17, 2004, the Secretary
      shall fully integrate all databases and data systems that process
      or contain information on aliens, which are maintained by - 
          (A) the Department of Homeland Security, at - 
            (i) the United States Immigration and Customs Enforcement;
            (ii) the United States Customs and Border Protection; and
            (iii) the United States Citizenship and Immigration
          Services;

          (B) the Department of Justice, at the Executive Office for
        Immigration Review; and
          (C) the Department of State, at the Bureau of Consular
        Affairs.
      (2) Interoperable component
        The fully integrated data system under paragraph (1) shall be
      an interoperable component of the entry and exit data system.
      (3) Interoperable data system
        Not later than 2 years after December 17, 2004, the Secretary
      shall fully implement an interoperable electronic data system, as
      required by section 202 of the Enhanced Border Security and Visa
      Entry Reform Act (!2) (8 U.S.C. 1722) to provide current and
      immediate access to information in the databases of Federal law
      enforcement agencies and the intelligence community that is
      relevant to determine - 

          (A) whether to issue a visa; or
          (B) the admissibility or deportability of an alien.
    (f) Maintaining accuracy and integrity of entry and exit data
      system
      (1) Policies and procedures
        (A) Establishment
          The Secretary of Homeland Security shall establish rules,
        guidelines, policies, and operating and auditing procedures for
        collecting, removing, and updating data maintained in, and
        adding information to, the entry and exit data system that
        ensure the accuracy and integrity of the data.
        (B) Training
          The Secretary shall develop training on the rules,
        guidelines, policies, and procedures established under
        subparagraph (A), and on immigration law and procedure. All
        personnel authorized to access information maintained in the
        databases and data system shall receive such training.
      (2) Data collected from foreign nationals
        The Secretary of Homeland Security, the Secretary of State, and
      the Attorney General, after consultation with directors of the
      relevant intelligence agencies, shall standardize the information
      and data collected from foreign nationals, and the procedures
      utilized to collect such data, to ensure that the information is
      consistent and valuable to officials accessing that data across
      multiple agencies.
      (3) Data maintenance procedures
        Heads of agencies that have databases or data systems linked to
      the entry and exit data system shall establish rules, guidelines,
      policies, and operating and auditing procedures for collecting,
      removing, and updating data maintained in, and adding information
      to, such databases or data systems that ensure the accuracy and
      integrity of the data and for limiting access to the information
      in the databases or data systems to authorized personnel.
      (4) Requirements
        The rules, guidelines, policies, and procedures established
      under this subsection shall - 
          (A) incorporate a simple and timely method for - 
            (i) correcting errors in a timely and effective manner;
            (ii) determining which government officer provided data so
          that the accuracy of the data can be ascertained; and
            (iii) clarifying information known to cause false hits or
          misidentification errors;

          (B) include procedures for individuals to - 
            (i) seek corrections of data contained in the databases or
          data systems; and
            (ii) appeal decisions concerning data contained in the
          databases or data systems;

          (C) strictly limit the agency personnel authorized to enter
        data into the system;
          (D) identify classes of information to be designated as
        temporary or permanent entries, with corresponding expiration
        dates for temporary entries; and
          (E) identify classes of prejudicial information requiring
        additional authority of supervisory personnel before entry.
      (5) Centralizing and streamlining correction process
        (A) In general
          The President, or agency director designated by the
        President, shall establish a clearinghouse bureau in the
        Department of Homeland Security, to centralize and streamline
        the process through which members of the public can seek
        corrections to erroneous or inaccurate information contained in
        agency databases, which is related to immigration status, or
        which otherwise impedes lawful admission to the United States.
        (B) Time schedules
          The process described in subparagraph (A) shall include
        specific time schedules for reviewing data correction requests,
        rendering decisions on such requests, and implementing
        appropriate corrective action in a timely manner.
    (g) Integrated biometric entry-exit screening system
      The biometric entry and exit data system shall facilitate
    efficient immigration benefits processing by - 
        (1) ensuring that the system's tracking capabilities encompass
      data related to all immigration benefits processing, including - 
          (A) visa applications with the Department of State;
          (B) immigration related filings with the Department of Labor;
          (C) cases pending before the Executive Office for Immigration
        Review; and
          (D) matters pending or under investigation before the
        Department of Homeland Security;

        (2) utilizing a biometric based identity number tied to an
      applicant's biometric algorithm established under the entry and
      exit data system to track all immigration related matters
      concerning the applicant;
        (3) providing that - 
          (A) all information about an applicant's immigration related
        history, including entry and exit history, can be queried
        through electronic means; and
          (B) database access and usage guidelines include stringent
        safeguards to prevent misuse of data;

        (4) providing real-time updates to the information described in
      paragraph (3)(A), including pertinent data from all agencies
      referred to in paragraph (1); and
        (5) providing continuing education in counterterrorism
      techniques, tools, and methods for all Federal personnel employed
      in the evaluation of immigration documents and immigration-
      related policy.
    (h) Entry-exit system goals
      The Department of Homeland Security shall operate the biometric
    entry and exit system so that it - 
        (1) serves as a vital counterterrorism tool;
        (2) screens travelers efficiently and in a welcoming manner;
        (3) provides inspectors and related personnel with adequate
      real-time information;
        (4) ensures flexibility of training and security protocols to
      most effectively comply with security mandates;
        (5) integrates relevant databases and plans for database
      modifications to address volume increase and database usage; and
        (6) improves database search capacities by utilizing language
      algorithms to detect alternate names.
    (i) Dedicated specialists and front line personnel training
      In implementing the provisions of subsections (g) and (h) of this
    section, the Department of Homeland Security and the Department of
    State shall - 
        (1) develop cross-training programs that focus on the scope and
      procedures of the entry and exit data system;
        (2) provide extensive community outreach and education on the
      entry and exit data system's procedures;
        (3) provide clear and consistent eligibility guidelines for
      applicants in low-risk traveler programs; and
        (4) establish ongoing training modules on immigration law to
      improve adjudications at our ports of entry, consulates, and
      embassies.
    (j) Compliance status reports
      Not later than 1 year after December 17, 2004, the Secretary of
    Homeland Security, the Secretary of State, the Attorney General,
    and the head of any other department or agency subject to the
    requirements of this section, shall issue individual status reports
    and a joint status report detailing the compliance of the
    department or agency with each requirement under this section.
    (k) Expediting registered travelers across international borders
      (1) Findings
        Consistent with the report of the National Commission on
      Terrorist Attacks Upon the United States, Congress makes the
      following findings:
          (A) Expediting the travel of previously screened and known
        travelers across the borders of the United States should be a
        high priority.
          (B) The process of expediting known travelers across the
        borders of the United States can permit inspectors to better
        focus on identifying terrorists attempting to enter the United
        States.
      (2) Definition
        In this subsection, the term "registered traveler program"
      means any program designed to expedite the travel of previously
      screened and known travelers across the borders of the United
      States.
      (3) Registered travel program
        (A) In general
          As soon as is practicable, the Secretary shall develop and
        implement a registered traveler program to expedite the
        processing of registered travelers who enter and exit the
        United States.
        (B) Participation
          The registered traveler program shall include as many
        participants as practicable by - 
            (i) minimizing the cost of enrollment;
            (ii) making program enrollment convenient and easily
          accessible; and
            (iii) providing applicants with clear and consistent
          eligibility guidelines.
        (C) Integration
          The registered traveler program shall be integrated into the
        automated biometric entry and exit data system described in
        this section.
        (D) Review and evaluation
          In developing the registered traveler program, the Secretary
        shall - 
            (i) review existing programs or pilot projects designed to
          expedite the travel of registered travelers across the
          borders of the United States;
            (ii) evaluate the effectiveness of the programs described
          in clause (i), the costs associated with such programs, and
          the costs to travelers to join such programs;
            (iii) increase research and development efforts to
          accelerate the development and implementation of a single
          registered traveler program; and
            (iv) review the feasibility of allowing participants to
          enroll in the registered traveler program at consular
          offices.
      (4) Report
        Not later than 1 year after December 17, 2004, the Secretary
      shall submit to Congress a report describing the Department's
      progress on the development and implementation of the registered
      traveler program.
    (l) Authorization of appropriations
      There are authorized to be appropriated to the Secretary, for
    each of the fiscal years 2005 through 2009, such sums as may be
    necessary to carry out the provisions of this section.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7208, Dec. 17, 2004, 118 Stat.
    3817.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Illegal Immigration Reform and Immigrant Responsibility Act
    of 1996, referred to in subsec. (b)(1), is div. C of Pub. L. 104-
    208, Sept. 30, 1996, 110 Stat. 3009-546. For complete
    classification of this Act to the Code, see Short Title of 1996
    Amendment note set out under section 1101 of this title and Tables.
      The Immigration and Naturalization Service Data Management
    Improvement Act of 2000, referred to in subsec. (b)(2), is Pub. L.
    106-215, June 15, 2000, 114 Stat. 337, which amended section 1365a
    of this title and enacted provisions set out as notes under
    sections 1101 and 1365a of this title. For complete classification
    of this Act to the Code, see Short Title of 2000 Amendment note set
    out under section 1101 of this title and Tables.
      The Visa Waiver Permanent Program Act, referred to in subsec.
    (b)(3), is Pub. L. 106-396, Oct. 30, 2000, 114 Stat. 1637. For
    complete classification of this Act to the Code, see Short Title of
    2000 Amendment note set out under section 1101 of this title and
    Tables.
      The Enhanced Border Security and Visa Entry Reform Act of 2002,
    referred to in subsec. (b)(4), is Pub. L. 107-173, May 14, 2002,
    116 Stat. 543, as amended, which is classified principally to
    chapter 15 (Sec. 1701 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of this title and Tables.
      The Uniting and Strengthening America by Providing Appropriate
    Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
    ACT) Act of 2001, referred to in subsec. (b)(5), was Pub. L. 107-
    56, Oct. 26, 2001, 115 Stat. 272. Pub. L. 107-56 was renamed the
    Uniting and Strengthening America by Providing Appropriate Tools
    Required to Intercept and Obstruct Terrorism Act of 2001 or the USA
    PATRIOT Act by Pub. L. 109-177, title I, Sec. 101(b), Mar. 9, 2006,
    120 Stat. 194. For complete classification of this Act to the Code,
    see Short Title of 2001 Amendment note set out under section 1 of
    Title 18, Crimes and Criminal Procedure, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the 9/11
    Commission Implementation Act of 2004, and not as part of the
    Immigration and Nationality Act which comprises this chapter.

-FOOTNOTE-
    (!1) So in original. Probably should be "(Public Law 106-215)".

    (!2) So in original. Probably should be followed by "of 2002".

-End-

-CITE-
    8 USC Sec. 1366                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1366. Annual report on criminal aliens

-STATUTE-
      Not later than 12 months after September 30, 1996, and annually
    thereafter, the Attorney General shall submit to the Committees on
    the Judiciary of the House of Representatives and of the Senate a
    report detailing - 
        (1) the number of illegal aliens incarcerated in Federal and
      State prisons for having committed felonies, stating the number
      incarcerated for each type of offense;
        (2) the number of illegal aliens convicted of felonies in any
      Federal or State court, but not sentenced to incarceration, in
      the year before the report was submitted, stating the number
      convicted for each type of offense;
        (3) programs and plans underway in the Department of Justice to
      ensure the prompt removal from the United States of criminal
      aliens subject to removal; and
        (4) methods 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.

-SOURCE-
    (Pub. L. 104-208, div. C, title III, Sec. 332, Sept. 30, 1996, 110
    Stat. 3009-634.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1367                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1367. Penalties for disclosure of information

-STATUTE-
    (a) In general
      Except as provided in subsection (b) of this section, in no case
    may the Attorney General, or any other official or employee of the
    Department of Justice, the Secretary of Homeland Security, the
    Secretary of State, or any other official or employee of the
    Department of Homeland Security or Department of State (including
    any bureau or agency of either of such Departments) - 
        (1) make an adverse determination of admissibility or
      deportability of an alien under the Immigration and Nationality
      Act [8 U.S.C. 1101 et seq.] using information furnished solely by
      - 
          (A) a spouse or parent who has battered the alien or
        subjected the alien to extreme cruelty,
          (B) a member of the spouse's or parent's family residing in
        the same household as the alien who has battered the alien or
        subjected the alien to extreme cruelty when the spouse or
        parent consented to or acquiesced in such battery or cruelty,
          (C) a spouse or parent who has battered the alien's child or
        subjected the alien's child to extreme cruelty (without the
        active participation of the alien in the battery or extreme
        cruelty),
          (D) a member of the spouse's or parent's family residing in
        the same household as the alien who has battered the alien's
        child or subjected the alien's child to extreme cruelty when
        the spouse or parent consented to or acquiesced in such battery
        or cruelty and the alien did not actively participate in such
        battery or cruelty,
          (E) in the case of an alien applying for status under section
        101(a)(15)(U) of the Immigration and Nationality Act [8 U.S.C.
        1101(a)(15)(U)], the perpetrator of the substantial physical or
        mental abuse and the criminal activity,(!1)

          (F) in the case of an alien applying for status under section
        101(a)(15)(T) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(15)(T)), under section 7105(b)(1)(E)(i)(II)(bb) of
        title 22, under section 244(a)(3) of the Immigration and
        Nationality Act (8 U.S.C. 1254a(a)(3)), as in effect prior to
        March 31, 1999, or as a VAWA self-petitioner (as defined in
        section 101(a)(51) of the Immigration and Nationality Act (8
        U.S.C. 1101(a)(51)) (!2), the trafficker or perpetrator,

      unless the alien has been convicted of a crime or crimes listed
      in section 241(a)(2) of the Immigration and Nationality Act [8
      U.S.C. 1227(a)(2)]; or
        (2) permit use by or disclosure to anyone (other than a sworn
      officer or employee of the Department, or bureau or agency
      thereof, for legitimate Department, bureau, or agency purposes)
      of any information which relates to an alien who is the
      beneficiary of an application for relief under paragraph (15)(T),
      (15)(U), or (51) of section 101(a) of the Immigration and
      Nationality Act [8 U.S.C. 1101(a)(15)(T), (U), (51)] or section
      240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)].

    The limitation under paragraph (2) ends when the application for
    relief is denied and all opportunities for appeal of the denial
    have been exhausted.
    (b) Exceptions
      (1) The Attorney General may provide, in the Attorney General's
    discretion, for the disclosure of information in the same manner
    and circumstances as census information may be disclosed by the
    Secretary of Commerce under section 8 of title 13.
      (2) The Attorney General may provide in the discretion of the
    Attorney General for the disclosure of information to law
    enforcement officials to be used solely for a legitimate law
    enforcement purpose.
      (3) Subsection (a) of this section shall not be construed as
    preventing disclosure of information in connection with judicial
    review of a determination in a manner that protects the
    confidentiality of such information.
      (4) Subsection (a)(2) of this section shall not apply if all the
    battered individuals in the case are adults and they have all
    waived the restrictions of such subsection.
      (5) The Attorney General is authorized to disclose information,
    to Federal, State, and local public and private agencies providing
    benefits, to be used solely in making determinations of eligibility
    for benefits pursuant to section 1641(c) of this title.
      (6) Subsection (a) of this section may not be construed to
    prevent the Attorney General and the Secretary of Homeland Security
    from disclosing to the chairmen and ranking members of the
    Committee on the Judiciary of the Senate or the Committee on the
    Judiciary of the House of Representatives, for the exercise of
    congressional oversight authority, information on closed cases
    under this section in a manner that protects the confidentiality of
    such information and that omits personally identifying information
    (including locational information about individuals).
      (7) Government entities adjudicating applications for relief
    under subsection (a)(2) of this section, and government personnel
    carrying out mandated duties under section 101(i)(1) of the
    Immigration and Nationality Act [8 U.S.C. 1101(i)(1)], may, with
    the prior written consent of the alien involved, communicate with
    nonprofit, nongovernmental victims' service providers for the sole
    purpose of assisting victims in obtaining victim services from
    programs with expertise working with immigrant victims. Agencies
    receiving referrals are bound by the provisions of this section.
    Nothing in this paragraph shall be construed as affecting the
    ability of an applicant to designate a safe organization through
    whom governmental agencies may communicate with the applicant.
    (c) Penalties for violations
      Anyone who willfully uses, publishes, or permits information to
    be disclosed in violation of this section or who knowingly makes a
    false certification under section 239(e) of the Immigration and
    Nationality Act [8 U.S.C. 1229(e)] shall be subject to appropriate
    disciplinary action and subject to a civil money penalty of not
    more than $5,000 for each such violation.
    (d) Guidance
      The Attorney General and the Secretary of Homeland Security shall
    provide guidance to officers and employees of the Department of
    Justice or the Department of Homeland Security who have access to
    information covered by this section regarding the provisions of
    this section, including the provisions to protect victims of
    domestic violence from harm that could result from the
    inappropriate disclosure of covered information.

-SOURCE-
    (Pub. L. 104-208, div. C, title III, Secs. 308(g)(8)(D), 384, Sept.
    30, 1996, 110 Stat. 3009-624, 3009-652; Pub. L. 105-33, title V,
    Sec. 5572(b), Aug. 5, 1997, 111 Stat. 641; Pub. L. 106-386, div. B,
    title V, Sec. 1513(d), Oct. 28, 2000, 114 Stat. 1536; Pub. L. 109-
    162, title VIII, Sec. 817, Jan. 5, 2006, 119 Stat. 3060; Pub. L.
    109-271, Sec. 6(h), Aug. 12, 2006, 120 Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (a)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1101 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.
      Section is comprised of section 384 of div. C of Pub. L. 104-208.
    Another subsec. (d) of section 384 of div. C of Pub. L. 104-208
    amended sections 1160 and 1255a of this title and enacted
    provisions set out as a note under section 1160 of this title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-162, Sec. 817(1)(A), substituted
    ", the Secretary of Homeland Security, the Secretary of State, or
    any other official or employee of the Department of Homeland
    Security or Department of State (including any bureau or agency of
    either of such Departments)" for "(including any bureau or agency
    of such Department)" in introductory provisions.
      Subsec. (a)(1)(F). Pub. L. 109-162, Sec. 817(1)(B), added subpar.
    (F).
      Subsec. (a)(2). Pub. L. 109-271 substituted "paragraph (15)(T),
    (15)(U), or (51) of section 101(a) of the Immigration and
    Nationality Act or section 240A(b)(2) of such Act" for "clause
    (iii) or (iv) of section 204(a)(1)(A), clause (ii) or (iii) of
    section 204(a)(1)(B), section 216(c)(4)(C), section 101(a)(15)(U),
    or section 240A(a)(3) of such Act as an alien (or the parent of a
    child) who has been battered or subjected to extreme cruelty".
      Subsec. (b)(6), (7). Pub. L. 109-162, Sec. 817(2), added pars.
    (6) and (7).
      Subsec. (c). Pub. L. 109-162, Sec. 817(3), inserted "or who
    knowingly makes a false certification under section 239(e) of the
    Immigration and Nationality Act" after "in violation of this
    section".
      Subsec. (d). Pub. L. 109-162, Sec. 817(4), added subsec. (d).
      2000 - Subsec. (a)(1)(E). Pub. L. 106-386, Sec. 1513(d)(1)-(3),
    added subpar. (E).
      Subsec. (a)(2). Pub. L. 106-386, Sec. 1513(d)(4), inserted
    "section 101(a)(15)(U)," after "section 216(c)(4)(C),".
      1997 - Subsec. (b)(5). Pub. L. 105-33 added par. (5).
      1996 - Subsec. (a)(2). Pub. L. 104-208, Sec. 308(g)(8)(D), which
    directed amendment of section 364(a)(2) of div. C of Pub. L. 104-
    208 by substituting "240A(a)(3)" for "244(a)(3)", was executed by
    making the substitution in subsec. (a)(2) of this section to
    reflect the probable intent of Congress. Div. C of Pub. L. 104-208
    does not contain a section 364.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 5582 of title V of Pub. L. 105-33 provided that: "Except
    as otherwise provided, the amendments made by this chapter [chapter
    4 (Secs. 5561-5582) of subtitle F of title V of Pub. L. 105-33,
    amending this section, sections 1611 to 1613, 1621, 1622, 1631,
    1632, 1641 to 1643, and 1645 of this title, and sections 608, 1383,
    and 1437y of Title 42, The Public Health and Welfare] shall be
    effective as if included in the enactment of title IV of the
    Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 [Pub. L. 104-193]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(8)(D) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "or".

    (!2) So in original. Probably should be followed by a closing
         parenthesis.

-End-

-CITE-
    8 USC Sec. 1368                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1368. Increase in INS detention facilities; report on
      detention space

-STATUTE-
    (a) Increase in detention facilities
      Subject to the availability of appropriations, the Attorney
    General shall provide for an increase in the detention facilities
    of the Immigration and Naturalization Service to at least 9,000
    beds before the end of fiscal year 1997.
    (b) Report on detention space
      (1) In general
        Not later than 6 months after September 30, 1996, and every 6
      months thereafter, the Attorney General shall submit a report to
      the Committees on the Judiciary of the House of Representatives
      and of the Senate estimating the amount of detention space that
      will be required, during the fiscal year in which the report is
      submitted and the succeeding fiscal year, to detain - 
          (A) all aliens subject to detention under section 1226(c) of
        this title and section 1231(a) of this title;
          (B) all inadmissible or deportable aliens subject to
        proceedings under section 1228 of this title or section
        1225(b)(2)(A) or 1229a of this title; and
          (C) other inadmissible or deportable aliens in accordance
        with the priorities established by the Attorney General.
      (2) Estimate of number of aliens released into the community
        (A) Criminal aliens
          (i) In general
            The first report submitted under paragraph (1) shall
          include an estimate of the number of criminal aliens who, in
          each of the 3 fiscal years concluded prior to the date of the
          report - 
              (I) were released from detention facilities of the
            Immigration and Naturalization Service (whether operated
            directly by the Service or through contract with other
            persons or agencies); or
              (II) were not taken into custody or detention by the
            Service upon completion of their incarceration.
          (ii) Aliens convicted of aggravated felonies
            The estimate under clause (i) shall estimate separately,
          with respect to each year described in such clause, the
          number of criminal aliens described in such clause who were
          convicted of an aggravated felony.
        (B) All inadmissible or deportable aliens
          The first report submitted under paragraph (1) shall also
        estimate the number of inadmissible or deportable aliens who
        were released into the community due to a lack of detention
        facilities in each of the 3 fiscal years concluded prior to the
        date of the report notwithstanding circumstances that the
        Attorney General believed justified detention (for example, a
        significant probability that the released alien would not
        appear, as agreed, at subsequent exclusion or deportation
        proceedings).
        (C) Subsequent reports
          Each report under paragraph (1) following the first such
        report shall include the estimates under subparagraphs (A) and
        (B), made with respect to the 6-month period immediately
        preceding the date of the submission of the report.

-SOURCE-
    (Pub. L. 104-208, div. C, title III, Secs. 308(g)(10)(G), 386,
    Sept. 30, 1996, 110 Stat. 3009-625, 3009-653.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b). Pub. L. 104-208, Sec. 308(g)(10)(G),
    substituted "inadmissible" for "excludable" in pars. (1)(B), (C)
    and (2)(B).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(10)(G) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1369                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1369. Treatment of expenses subject to emergency medical
      services exception

-STATUTE-
    (a) In general
      Subject to such amounts as are provided in advance in
    appropriation Acts, each State or political subdivision of a State
    that provides medical assistance for care and treatment of an
    emergency medical condition (as defined in subsection (d) of this
    section) through a public hospital or other public facility
    (including a nonprofit hospital that is eligible for an additional
    payment adjustment under section 1395ww of title 42) or through
    contract with another hospital or facility to an individual who is
    an alien not lawfully present in the United States is eligible for
    payment from the Federal Government of its costs of providing such
    services, but only to the extent that such costs are not otherwise
    reimbursed through any other Federal program and cannot be
    recovered from the alien or another person.
    (b) Confirmation of immigration status required
      No payment shall be made under this section with respect to
    services furnished to an individual unless the immigration status
    of the individual has been verified through appropriate procedures
    established by the Secretary of Health and Human Services and the
    Attorney General.
    (c) Administration
      This section shall be administered by the Attorney General, in
    consultation with the Secretary of Health and Human Services.
    (d) "Emergency medical condition" defined
      For purposes of this section, the term "emergency medical
    condition" means a medical condition (including emergency labor and
    delivery) manifesting itself by acute symptoms of sufficient
    severity (including severe pain) such that the absence of immediate
    medical attention could reasonably be expected to result in - 
        (1) placing the patient's health in serious jeopardy,
        (2) serious impairment to bodily functions, or
        (3) serious dysfunction of any bodily organ or part.
    (e) Effective date
      Subsection (a) of this section shall apply to medical assistance
    for care and treatment of an emergency medical condition furnished
    on or after January 1, 1997.

-SOURCE-
    (Pub. L. 104-208, div. C, title V, Sec. 562, Sept. 30, 1996, 110
    Stat. 3009-682.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1370                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1370. Reimbursement of States and localities for emergency
      ambulance services

-STATUTE-
      Subject to the availability of appropriations, the Attorney
    General shall fully reimburse States and political subdivisions of
    States for costs incurred by such a State or subdivision for
    emergency ambulance services provided to any alien who - 
        (1) is injured while crossing a land or sea border of the
      United States without inspection or at any time or place other
      than as designated by the Attorney General; and
        (2) is under the custody of the State or subdivision pursuant
      to a transfer, request, or other action by a Federal authority.

-SOURCE-
    (Pub. L. 104-208, div. C, title V, Sec. 563, Sept. 30, 1996, 110
    Stat. 3009-683.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1371                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1371. Reports

-STATUTE-
      Not later than 180 days after the end of each fiscal year, the
    Attorney General shall submit a report to the Inspector General of
    the Department of Justice and the Committees on the Judiciary of
    the House of Representatives and of the Senate describing the
    following:
      (1) Public charge deportations
        The number of aliens deported on public charge grounds under
      section 1227(a)(5) (!1) of this title during the previous fiscal
      year.

      (2) Indigent sponsors
        The number of determinations made under section 1631(e) of this
      title during the previous fiscal year.
      (3) Reimbursement actions
        The number of actions brought, and the amount of each action,
      for reimbursement under section 1183a of this title (including
      private collections) for the costs of providing public benefits.

-SOURCE-
    (Pub. L. 104-208, div. C, title V, Sec. 565, Sept. 30, 1996, 110
    Stat. 3009-684.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1227(a)(5) of this title, referred to in par. (1), was in
    the original a reference to "section 241(a)(5) of the Immigration
    and Nationality Act", which has been translated as referring to
    section 237(a)(5) of the Immigration and Nationality Act to reflect
    the probable intent of Congress and the renumbering of section 241
    as 237 by Pub. L. 104-208, div. C, title III, Sec. 305(a)(2), Sept.
    30, 1996, 110 Stat. 3009-598. Pub. L. 104-208, Sec. 305(a)(3),
    enacted a new section 241 of the Immigration and Nationality Act
    which is classified to section 1231 of this title, but subsec.
    (a)(5) of that section does not relate to deportation on public
    charge grounds.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1372                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1372. Program to collect information relating to nonimmigrant
      foreign students and other exchange program participants

-STATUTE-
    (a) In general
      (1) Program
        The Attorney General, in consultation with the Secretary of
      State and the Secretary of Education, shall develop and conduct a
      program to collect from approved institutions of higher
      education, other approved educational institutions, and
      designated exchange visitor programs in the United States the
      information described in subsection (c) of this section with
      respect to aliens who - 
          (A) have the status, or are applying for the status, of
        nonimmigrants under subparagraph (F), (J), or (M) of section
        1101(a)(15) of this title; and
          (B) are nationals of the countries designated under
        subsection (b) of this section.
      (2) Deadline
        The program shall commence not later than January 1, 1998.
      (3) Aliens for whom a visa is required
        The Attorney General, in consultation with the Secretary of
      State, shall establish an electronic means to monitor and verify -
       
          (A) the issuance of documentation of acceptance of a foreign
        student by an approved institution of higher education or other
        approved educational institution, or of an exchange visitor
        program participant by a designated exchange visitor program;
          (B) the transmittal of the documentation referred to in
        subparagraph (A) to the Department of State for use by the
        Bureau of Consular Affairs;
          (C) the issuance of a visa to a foreign student or an
        exchange visitor program participant;
          (D) the admission into the United States of the foreign
        student or exchange visitor program participant;
          (E) the notification to an approved institution of higher
        education, other approved educational institution, or exchange
        visitor program sponsor that the foreign student or exchange
        visitor participant has been admitted into the United States;
          (F) the registration and enrollment of that foreign student
        in such approved institution of higher education or other
        approved educational institution, or the participation of that
        exchange visitor in such designated exchange visitor program,
        as the case may be; and
          (G) any other relevant act by the foreign student or exchange
        visitor program participant, including a changing of school or
        designated exchange visitor program and any termination of
        studies or participation in a designated exchange visitor
        program.
      (4) Reporting requirements
        Not later than 30 days after the deadline for registering for
      classes for an academic term of an approved institution of higher
      education or other approved educational institution for which
      documentation is issued for an alien as described in paragraph
      (3)(A), or the scheduled commencement of participation by an
      alien in a designated exchange visitor program, as the case may
      be, the institution or program, respectively, shall report to the
      Immigration and Naturalization Service any failure of the alien
      to enroll or to commence participation.
    (b) Covered countries
      The Attorney General, in consultation with the Secretary of
    State, shall designate countries for purposes of subsection
    (a)(1)(B) of this section. The Attorney General shall initially
    designate not less than 5 countries and may designate additional
    countries at any time while the program is being conducted.
    (c) Information to be collected
      (1) In general
        The information for collection under subsection (a) of this
      section with respect to an alien consists of - 
          (A) the identity and current address in the United States of
        the alien;
          (B) the nonimmigrant classification of the alien and the date
        on which a visa under the classification was issued or extended
        or the date on which a change to such classification was
        approved by the Attorney General;
          (C) in the case of a student at an approved institution of
        higher education, or other approved educational
        institution,,(!1) the current academic status of the alien,
        including whether the alien is maintaining status as a full-
        time student or, in the case of a participant in a designated
        exchange visitor program, whether the alien is satisfying the
        terms and conditions of such program;

          (D) in the case of a student at an approved institution of
        higher education, or other approved educational
        institution,,(!1) any disciplinary action taken by the
        institution against the alien as a result of the alien's being
        convicted of a crime or, in the case of a participant in a
        designated exchange visitor program, any change in the alien's
        participation as a result of the alien's being convicted of a
        crime; and (!2)

          (E) the date of entry and port of entry;
          (F) the date of the alien's enrollment in an approved
        institution of higher education, other approved educational
        institution, or designated exchange visitor program in the
        United States;
          (G) the degree program, if applicable, and field of study;
        and
          (H) the date of the alien's termination of enrollment and the
        reason for such termination (including graduation, disciplinary
        action or other dismissal, and failure to re-enroll).
      (2) FERPA
        The Family Educational Rights and Privacy Act of 1974 [20
      U.S.C. 1232g] shall not apply to aliens described in subsection
      (a) of this section to the extent that the Attorney General
      determines necessary to carry out the program under subsection
      (a) of this section.
      (3) Electronic collection
        The information described in paragraph (1) shall be collected
      electronically, where practicable.
      (4) Computer software
        (A) Collecting institutions
          To the extent practicable, the Attorney General shall design
        the program in a manner that permits approved institutions of
        higher education, other approved educational institutions, and
        designated exchange visitor programs to use existing software
        for the collection, storage, and data processing of information
        described in paragraph (1).
        (B) Attorney General
          To the extent practicable, the Attorney General shall use or
        enhance existing software for the collection, storage, and data
        processing of information described in paragraph (1).
      (5) Reporting requirements
        The Attorney General shall prescribe by regulation reporting
      requirements by taking into account the curriculum calendar of
      the approved institution of higher education, other approved
      educational institution, or exchange visitor program.
    (d) Participation by institutions of higher education and exchange
      visitor programs
      (1) Condition
        The information described in subsection (c) of this section
      shall be provided by institutions of higher education, other
      approved educational institutions, or exchange visitor programs
      as a condition of - 
          (A) in the case of an approved institution of higher
        education, or other approved educational institution,,(!1) the
        continued approval of the institution under subparagraph (F) or
        (M) of section 1101(a)(15) of this title; and
          (B) in the case of an approved institution of higher
        education or a designated exchange visitor program, the
        granting of authority to issue documents to an alien
        demonstrating the alien's eligibility for a visa under
        subparagraph (F), (J), or (M) of section 1101(a)(15) of this
        title.
      (2) Effect of failure to provide information
        If an approved institution of higher education, other approved
      educational institution, or a designated exchange visitor program
      fails to provide the specified information, such approvals and
      such issuance of visas shall be revoked or denied.
    (e) Funding
      (1) In general
        Beginning on April 1, 1997, the Attorney General shall impose
      on, and collect from, each alien described in paragraph (3), with
      respect to whom the institution or program is required by
      subsection (a) of this section to collect information, a fee
      established by the Attorney General under paragraph (4) at a time
      prior to the alien being classified under subparagraph (F), (J),
      or (M) of section 1101(a)(15) of this title.
      (2) Remittance
        The fees collected under paragraph (1) shall be remitted by the
      alien pursuant to a schedule established by the Attorney General
      for immediate deposit and availability as described under section
      1356(m) of this title.
      (3) Aliens described
        An alien referred to in paragraph (1) is an alien who seeks
      nonimmigrant status under subparagraph (F), (J), or (M) of
      section 1101(a)(15) of this title (other than a nonimmigrant
      under section 1101(a)(15)(J) of this title who seeks to come to
      the United States as a participant in a program sponsored by the
      Federal Government).
      (4) Amount and use of fees
        (A) Establishment of amount
          The Attorney General shall establish the amount of the fee to
        be imposed on, and collected from, an alien under paragraph
        (1). Except as provided in subsection (g)(2) of this section,
        the fee imposed on any individual may not exceed $100, except
        that, in the case of an alien admitted under section
        1101(a)(15)(J) of this title as an au pair, camp counselor, or
        participant in a summer work travel program, the fee shall not
        exceed $40, except that, in the case of an alien admitted under
        section 1101(a)(15)(J) of this title as an au pair, camp
        counselor, or participant in a summer work travel program, the
        fee shall not exceed $35.(!3) The amount of the fee shall be
        based on the Attorney General's estimate of the cost per alien
        of conducting the information collection program described in
        this section.

        (B) Use
          Fees collected under paragraph (1) shall be deposited as
        offsetting receipts into the Immigration Examinations Fee
        Account (established under section 1356(m) of this title) and
        shall remain available until expended for the Attorney General
        to reimburse any appropriation the amount paid out of which is
        for expenses in carrying out this section. Such expenses
        include, but are not necessarily limited to, those incurred by
        the Secretary of State in connection with the program under
        subsection (a) of this section.
      (5) Proof of payment
        The alien shall present proof of payment of the fee before the
      granting of - 
          (A) a visa under section 1202 of this title or, in the case
        of an alien who is exempt from the visa requirement described
        in section 1182(d)(4) of this title, admission to the United
        States; or
          (B) change of nonimmigrant classification under section 1258
        of this title to a classification described in paragraph (3).
      (6) Implementation
        The provisions of section 553 of title 5 (relating to rule-
      making) shall not apply to the extent the Attorney General
      determines necessary to ensure the expeditious, initial
      implementation of this section.
    (f) Joint report
      Not later than 4 years after the commencement of the program
    established under subsection (a) of this section, the Attorney
    General, the Secretary of State, and the Secretary of Education
    shall jointly submit to the Committees on the Judiciary of the
    Senate and the House of Representatives a report on the operations
    of the program and the feasibility of expanding the program to
    cover the nationals of all countries.
    (g) Worldwide applicability of program
      (1) Expansion of program
        Not later than 12 months after the submission of the report
      required by subsection (f) of this section, the Attorney General,
      in consultation with the Secretary of State and the Secretary of
      Education, shall commence expansion of the program to cover the
      nationals of all countries.
      (2) Revision of fee
        After the program has been expanded, as provided in paragraph
      (1), the Attorney General may, on a periodic basis, revise the
      amount of the fee imposed and collected under subsection (e) of
      this section in order to take into account changes in the cost of
      carrying out the program.
    (h) Definitions
      As used in this section:
      (1) Approved institution of higher education
        The term "approved institution of higher education" means a
      college or university approved by the Attorney General, in
      consultation with the Secretary of Education, under subparagraph
      (F), (J), or (M) of section 1101(a)(15) of this title.
      (2) Designated exchange visitor program
        The term "designated exchange visitor program" means a program
      that has been - 
          (A) designated by the Secretary of State for purposes of
        section 1101(a)(15)(J) of this title; and
          (B) selected by the Attorney General for purposes of the
        program under this section.
      (3) Other approved educational institution
        The term "other approved educational institution" includes any
      air flight school, language training school, or vocational
      school, approved by the Attorney General, in consultation with
      the Secretary of Education and the Secretary of State, under
      subparagraph (F), (J), or (M) of section 1101(a)(15) of this
      title.

-SOURCE-
    (Pub. L. 104-208, div. C, title VI, Sec. 641, Sept. 30, 1996, 110
    Stat. 3009-704; Pub. L. 106-396, title IV, Secs. 404-406, Oct. 30,
    2000, 114 Stat. 1649, 1650; Pub. L. 106-553, Sec. 1(a)(2) [title I,
    Sec. 110], Dec. 21, 2000, 114 Stat. 2762, 2762A-68; Pub. L. 107-56,
    title IV, Sec. 416(c), Oct. 26, 2001, 115 Stat. 354; Pub. L. 107-
    173, title V, Sec. 501(a), May 14, 2002, 116 Stat. 560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Family Educational Rights and Privacy Act of 1974, referred
    to in subsec. (c)(2), is section 513 of Pub. L. 93-380, title V,
    Aug. 21, 1974, 88 Stat. 571, which enacted section 1232g of Title
    20, Education, and provisions set out as notes under sections 1221
    and 1232g of Title 20. For complete classification of this Act to
    the Code, see Short Title of 1974 Amendment note set out under
    section 1221 of Title 20 and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(3), (4). Pub. L. 107-173, Sec. 501(a)(1),
    added pars. (3) and (4).
      Subsec. (c)(1)(E) to (H). Pub. L. 107-173, Sec. 501(a)(2), added
    subpars. (E) to (H).
      Subsec. (c)(5). Pub. L. 107-173, Sec. 501(a)(3), added par. (5).
      2001 - Subsec. (a)(1). Pub. L. 107-56, Sec. 416(c)(1), inserted
    ", other approved educational institutions," after "higher
    education" in introductory provisions.
      Subsec. (c)(1)(C), (D). Pub. L. 107-56, Sec. 416(c)(2), inserted
    ", or other approved educational institution," after "higher
    education".
      Subsec. (c)(4)(A). Pub. L. 107-56, Sec. 416(c)(1), inserted ",
    other approved educational institutions," after "higher education".
      Subsec. (d)(1). Pub. L. 107-56, Sec. 416(c)(1), inserted ", other
    approved educational institutions," after "higher education" in
    introductory provisions.
      Subsec. (d)(1)(A). Pub. L. 107-56, Sec. 416(c)(2), inserted ", or
    other approved educational institution," after "higher education".
      Subsec. (d)(2). Pub. L. 107-56, Sec. 416(c)(3), inserted ", other
    approved educational institution," after "higher education".
      Subsec. (e)(1), (2). Pub. L. 107-56, Sec. 416(c)(3), which
    directed insertion of ", other approved educational institution,"
    after "higher education" in pars. (1) and (2), could not be
    executed because the words "higher education" did not appear. See
    2000 Amendment notes below.
      Subsec. (h)(3). Pub. L. 107-56, Sec. 416(c)(4), added par. (3).
      2000 - Subsec. (d)(1). Pub. L. 106-396, Sec. 406(2), inserted
    "institutions of higher education or exchange visitor programs"
    after "by" in introductory provisions.
      Subsec. (e)(1). Pub. L. 106-396, Sec. 404(1), in introductory
    provisions, substituted "the Attorney General" for "an approved
    institution of higher education and a designated exchange visitor
    program" and "a time prior to the alien being classified under
    subparagraph (F), (J), or (M) of section 1101(a)(15) of this
    title." for "the time - 
        "(A) when the alien first registers with the institution or
      program after entering the United States; or
        "(B) in a case where a registration under subparagraph (A) does
      not exist, when the alien first commences activities in the
      United States with the institution or program."
      Subsec. (e)(2). Pub. L. 106-396, Sec. 404(2), amended heading and
    text of par. (2) generally. Prior to amendment, text read as
    follows: "An approved institution of higher education and a
    designated exchange visitor program shall remit the fees collected
    under paragraph (1) to the Attorney General pursuant to a schedule
    established by the Attorney General."
      Subsec. (e)(3). Pub. L. 106-396, Sec. 404(3), substituted "alien
    who seeks" for "alien who has" and "who seeks to come" for "who has
    come".
      Subsec. (e)(4)(A). Pub. L. 106-553 inserted before period at end
    of second sentence ", except that, in the case of an alien admitted
    under section 1101(a)(15)(J) of this title as an au pair, camp
    counselor, or participant in a summer work travel program, the fee
    shall not exceed $35" without reference to amendment made by Pub.
    L. 106-396, Sec. 404(4)(A). See below.
      Pub. L. 106-396, Sec. 404(4)(A), inserted before period at end of
    second sentence ", except that, in the case of an alien admitted
    under section 1101(a)(15)(J) of this title as an au pair, camp
    counselor, or participant in a summer work travel program, the fee
    shall not exceed $40". See amendment note above.
      Subsec. (e)(4)(B). Pub. L. 106-396, Sec. 404(4)(B), inserted at
    end "Such expenses include, but are not necessarily limited to,
    those incurred by the Secretary of State in connection with the
    program under subsection (a) of this section."
      Subsec. (e)(5), (6). Pub. L. 106-396, Sec. 404(5), added pars.
    (5) and (6).
      Subsec. (g)(1). Pub. L. 106-396, Sec. 405, amended heading and
    text of par. (1) generally. Prior to amendment, text read as
    follows:
      "(A) In general. - Not later than 6 months after the submission
    of the report required by subsection (f) of this section, the
    Attorney General, in consultation with the Secretary of State and
    the Secretary of Education, shall commence expansion of the program
    to cover the nationals of all countries.
      "(B) Deadline. - Such expansion shall be completed not later than
    1 year after the date of the submission of the report referred to
    in subsection (f) of this section."
      Subsec. (h)(2)(A). Pub. L. 106-396, Sec. 406(1), substituted
    "Secretary of State" for "Director of the United States Information
    Agency".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                    FOREIGN STUDENT MONITORING PROGRAM                
      Pub. L. 107-56, title IV, Sec. 416(a), (b), Oct. 26, 2001, 115
    Stat. 354, provided that:
      "(a) Full Implementation and Expansion of Foreign Student Visa
    Monitoring Program Required. - The Attorney General, in
    consultation with the Secretary of State, shall fully implement and
    expand the program established by section 641(a) of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8
    U.S.C. 1372(a)).
      "(b) Integration With Port of Entry Information. - For each alien
    with respect to whom information is collected under section 641 of
    the Illegal Immigration Reform and Immigrant Responsibility Act of
    1996 (8 U.S.C. 1372), the Attorney General, in consultation with
    the Secretary of State, shall include information on the date of
    entry and port of entry."

-FOOTNOTE-
    (!1) So in original.

               

    (!2) So in original. The word "and" probably should not appear.

    (!3) So in original. See 2000 amendment notes below.

-End-

-CITE-
    8 USC Sec. 1373                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1373. Communication between government agencies and the
      Immigration and Naturalization Service

-STATUTE-
    (a) In general
      Notwithstanding any other provision of Federal, State, or local
    law, a Federal, State, or local government entity or official may
    not prohibit, or in any way restrict, any government entity or
    official from sending to, or receiving from, the Immigration and
    Naturalization Service information regarding the citizenship or
    immigration status, lawful or unlawful, of any individual.
    (b) Additional authority of government entities
      Notwithstanding any other provision of Federal, State, or local
    law, no person or agency may prohibit, or in any way restrict, a
    Federal, State, or local government entity from doing any of the
    following with respect to information regarding the immigration
    status, lawful or unlawful, of any individual:
        (1) Sending such information to, or requesting or receiving
      such information from, the Immigration and Naturalization
      Service.
        (2) Maintaining such information.
        (3) Exchanging such information with any other Federal, State,
      or local government entity.
    (c) Obligation to respond to inquiries
      The Immigration and Naturalization Service shall respond to an
    inquiry by a Federal, State, or local government agency, seeking to
    verify or ascertain the citizenship or immigration status of any
    individual within the jurisdiction of the agency for any purpose
    authorized by law, by providing the requested verification or
    status information.

-SOURCE-
    (Pub. L. 104-208, div. C, title VI, Sec. 642, Sept. 30, 1996, 110
    Stat. 3009-707.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1374                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1374. Information regarding female genital mutilation

-STATUTE-
    (a) Provision of information regarding female genital mutilation
      The Immigration and Naturalization Service (in cooperation with
    the Department of State) shall make available for all aliens who
    are issued immigrant or nonimmigrant visas, prior to or at the time
    of entry into the United States, the following information:
        (1) Information on the severe harm to physical and
      psychological health caused by female genital mutilation which is
      compiled and presented in a manner which is limited to the
      practice itself and respectful to the cultural values of the
      societies in which such practice takes place.
        (2) Information concerning potential legal consequences in the
      United States for (A) performing female genital mutilation, or
      (B) allowing a child under his or her care to be subjected to
      female genital mutilation, under criminal or child protection
      statutes or as a form of child abuse.
    (b) Limitation
      In consultation with the Secretary of State, the Commissioner of
    Immigration and Naturalization shall identify those countries in
    which female genital mutilation is commonly practiced and, to the
    extent practicable, limit the provision of information under
    subsection (a) of this section to aliens from such countries.
    (c) "Female genital mutilation" defined
      For purposes of this section, the term "female genital
    mutilation" means the removal or infibulation (or both) of the
    whole or part of the clitoris, the labia minora, or labia majora.

-SOURCE-
    (Pub. L. 104-208, div. C, title VI, Sec. 644, Sept. 30, 1996, 110
    Stat. 3009-708.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and also as part of the
    Omnibus Consolidated Appropriations Act, 1997, and not as part of
    the Immigration and Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1375                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1375. Repealed.

-MISC1-
    Sec. 1375. Repealed. Pub. L. 109-162, title VIII, Sec. 833(g), Jan.
      5, 2006, 119 Stat. 3077.
      Section, Pub. L. 104-208, div. C, title VI, Sec. 652, Sept. 30,
    1996, 110 Stat. 3009-712, related to mail-order bride business.

-End-

-CITE-
    8 USC Sec. 1375a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1375a. Domestic violence information and resources for
      immigrants and regulation of international marriage brokers

-STATUTE-
    (a) Information for K nonimmigrants on legal rights and resources
      for immigrant victims of domestic violence
      (1) In general
        The Secretary of Homeland Security, in consultation with the
      Attorney General and the Secretary of State, shall develop an
      information pamphlet, as described in paragraph (2), on legal
      rights and resources for immigrant victims of domestic violence
      and distribute and make such pamphlet available as described in
      paragraph (5). In preparing such materials, the Secretary of
      Homeland Security shall consult with nongovernmental
      organizations with expertise on the legal rights of immigrant
      victims of battery, extreme cruelty, sexual assault, and other
      crimes.
      (2) Information pamphlet
        The information pamphlet developed under paragraph (1) shall
      include information on the following:
          (A) The K nonimmigrant visa application process and the
        marriage-based immigration process, including conditional
        residence and adjustment of status.
          (B) The illegality of domestic violence, sexual assault, and
        child abuse in the United States and the dynamics of domestic
        violence.
          (C) Domestic violence and sexual assault services in the
        United States, including the National Domestic Violence Hotline
        and the National Sexual Assault Hotline.
          (D) The legal rights of immigrant victims of abuse and other
        crimes in immigration, criminal justice, family law, and other
        matters, including access to protection orders.
          (E) The obligations of parents to provide child support for
        children.
          (F) Marriage fraud under United States immigration laws and
        the penalties for committing such fraud.
          (G) A warning concerning the potential use of K nonimmigrant
        visas by United States citizens who have a history of
        committing domestic violence, sexual assault, child abuse, or
        other crimes and an explanation that such acts may not have
        resulted in a criminal record for such a citizen.
          (H) Notification of the requirement under subsection
        (d)(3)(A) of this section that international marriage brokers
        provide foreign national clients with background information
        gathered on United States clients from searches of Federal and
        State sex offender public registries and collected from United
        States clients regarding their marital history and domestic
        violence or other violent criminal history, but that such
        information may not be complete or accurate because the United
        States client may not have a criminal record or may not have
        truthfully reported their marital or criminal record.
      (3) Summaries
        The Secretary of Homeland Security, in consultation with the
      Attorney General and the Secretary of State, shall develop
      summaries of the pamphlet developed under paragraph (1) that
      shall be used by Federal officials when reviewing the pamphlet in
      interviews under subsection (b) of this section.
      (4) Translation
        (A) In general
          In order to best serve the language groups having the
        greatest concentration of K nonimmigrant visa applicants, the
        information pamphlet developed under paragraph (1) shall,
        subject to subparagraph (B), be translated by the Secretary of
        State into foreign languages, including Russian, Spanish,
        Tagalog, Vietnamese, Chinese, Ukrainian, Thai, Korean, Polish,
        Japanese, French, Arabic, Portuguese, Hindi, and such other
        languages as the Secretary of State, in the Secretary's
        discretion, may specify.
        (B) Revision
          Every 2 years, the Secretary of Homeland Security, in
        consultation with the Attorney General and the Secretary of
        State, shall determine at least 14 specific languages into
        which the information pamphlet is translated based on the
        languages spoken by the greatest concentrations of K
        nonimmigrant visa applicants.
      (5) Availability and distribution
        The information pamphlet developed under paragraph (1) shall be
      made available and distributed as follows:
        (A) Mailings to K nonimmigrant visa applicants
          (i) The pamphlet shall be mailed by the Secretary of State to
        each applicant for a K nonimmigrant visa at the same time that
        the instruction packet regarding the visa application process
        is mailed to such applicant. The pamphlet so mailed shall be in
        the primary language of the applicant or in English if no
        translation into the applicant's primary language is available.
          (ii) The Secretary of Homeland Security shall provide to the
        Secretary of State, for inclusion in the mailing under clause
        (i), a copy of the petition submitted by the petitioner for
        such applicant under subsection (d) or (r) of section 1184 of
        this title.
          (iii) The Secretary of Homeland Security shall provide to the
        Secretary of State any criminal background information the
        Secretary of Homeland Security possesses with respect to a
        petitioner under subsection (d) or (r) of section 1184 of this
        title. The Secretary of State, in turn, shall share any such
        criminal background information that is in government records
        or databases with the K nonimmigrant visa applicant who is the
        beneficiary of the petition. The visa applicant shall be
        informed that such criminal background information is based on
        available records and may not be complete. The Secretary of
        State also shall provide for the disclosure of such criminal
        background information to the visa applicant at the consular
        interview in the primary language of the visa applicant.
        Nothing in this clause shall be construed to authorize the
        Secretary of Homeland Security to conduct any new or additional
        criminal background check that is not otherwise conducted in
        the course of adjudicating such petitions.
        (B) Consular access
          The pamphlet developed under paragraph (1) shall be made
        available to the public at all consular posts. The summaries
        described in paragraph (3) shall be made available to foreign
        service officers at all consular posts.
        (C) Posting on Federal websites
          The pamphlet developed under paragraph (1) shall be posted on
        the websites of the Department of State and the Department of
        Homeland Security, as well as on the websites of all consular
        posts processing applications for K nonimmigrant visas.
        (D) International marriage brokers and victim advocacy
          organizations
          The pamphlet developed under paragraph (1) shall be made
        available to any international marriage broker, government
        agency, or nongovernmental advocacy organization.
      (6) Deadline for pamphlet development and distribution
        The pamphlet developed under paragraph (1) shall be distributed
      and made available (including in the languages specified under
      paragraph (4)) not later than 120 days after January 5, 2006.
    (b) Visa and adjustment interviews
      (1) Fiance&233;(e)s, spouses and their derivatives
        During an interview with an applicant for a K nonimmigrant
      visa, a consular officers shall - 
          (A) provide information, in the primary language of the visa
        applicant, on protection orders or criminal convictions
        collected under subsection (a)(5)(A)(iii) of this section;
          (B) provide a copy of the pamphlet developed under subsection
        (a)(1) of this section in English or another appropriate
        language and provide an oral summary, in the primary language
        of the visa applicant, of that pamphlet; and
          (C) ask the applicant, in the primary language of the
        applicant, whether an international marriage broker has
        facilitated the relationship between the applicant and the
        United States petitioner, and, if so, obtain the identity of
        the international marriage broker from the applicant and
        confirm that the international marriage broker provided to the
        applicant the information and materials required under
        subsection (d)(3)(A)(iii) of this section.
      (2) Family-based applicants
        The pamphlet developed under subsection (a)(1) of this section
      shall be distributed directly to applicants for family-based
      immigration petitions at all consular and adjustment interviews
      for such visas. The Department of State or Department of Homeland
      Security officer conducting the interview shall review the
      summary of the pamphlet with the applicant orally in the
      applicant's primary language, in addition to distributing the
      pamphlet to the applicant in English or another appropriate
      language.
    (c) Confidentiality
      In fulfilling the requirements of this section, no official of
    the Department of State or the Department of Homeland Security
    shall disclose to a nonimmigrant visa applicant the name or contact
    information of any person who was granted a protection order or
    restraining order against the petitioner or who was a victim of a
    crime of violence perpetrated by the petitioner, but shall disclose
    the relationship of the person to the petitioner.
    (d) Regulation of international marriage brokers
      (1) Prohibition on marketing children
        An international marriage broker shall not provide any
      individual or entity with the personal contact information,
      photograph, or general information about the background or
      interests of any individual under the age of 18.
      (2) Requirements of international marriage brokers with respect
        to mandatory collection of background information
        (A) In general
          (i) Search of sex offender public registries
            Each international marriage broker shall search the
          National Sex Offender Public Registry or State sex offender
          public registry, as required under paragraph (3)(A)(i).
          (ii) Collection of background information
            Each international marriage broker shall also collect the
          background information listed in subparagraph (B) about the
          United States client to whom the personal contact information
          of a foreign national client would be provided.
        (B) Background information
          The international marriage broker shall collect a
        certification signed (in written, electronic, or other form) by
        the United States client accompanied by documentation or an
        attestation of the following background information about the
        United States client:
            (i) Any temporary or permanent civil protection order or
          restraining order issued against the United States client.
            (ii) Any Federal, State, or local arrest or conviction of
          the United States client for homicide, murder, manslaughter,
          assault, battery, domestic violence, rape, sexual assault,
          abusive sexual contact, sexual exploitation, incest, child
          abuse or neglect, torture, trafficking, peonage, holding
          hostage, involuntary servitude, slave trade, kidnapping,
          abduction, unlawful criminal restraint, false imprisonment,
          or stalking.
            (iii) Any Federal, State, or local arrest or conviction of
          the United States client for - 
              (I) solely, principally, or incidentally engaging in
            prostitution;
              (II) a direct or indirect attempt to procure prostitutes
            or persons for the purpose of prostitution; or
              (III) receiving, in whole or in part, of the proceeds of
            prostitution.

            (iv) Any Federal, State, or local arrest or conviction of
          the United States client for offenses related to controlled
          substances or alcohol.
            (v) Marital history of the United States client, including
          whether the client is currently married, whether the client
          has previously been married and how many times, how previous
          marriages of the client were terminated and the date of
          termination, and whether the client has previously sponsored
          an alien to whom the client was engaged or married.
            (vi) The ages of any of the United States client's children
          who are under the age of 18.
            (vii) All States and countries in which the United States
          client has resided since the client was 18 years of age.
      (3) Obligation of international marriage brokers with respect to
        informed consent
        (A) Limitation on sharing information about foreign national
          clients
          An international marriage broker shall not provide any United
        States client or representative with the personal contact
        information of any foreign national client unless and until the
        international marriage broker has - 
            (i) performed a search of the National Sex Offender Public
          Registry, or of the relevant State sex offender public
          registry for any State not yet participating in the National
          Sex Offender Public Registry in which the United States
          client has resided during the previous 20 years, for
          information regarding the United States client;
            (ii) collected background information about the United
          States client required under paragraph (2);
            (iii) provided to the foreign national client - 
              (I) in the foreign national client's primary language, a
            copy of any records retrieved from the search required
            under paragraph (2)(A)(i) or documentation confirming that
            such search retrieved no records;
              (II) in the foreign national client's primary language, a
            copy of the background information collected by the
            international marriage broker under paragraph (2)(B); and
              (III) in the foreign national client's primary language
            (or in English or other appropriate language if there is no
            translation available into the client's primary language),
            the pamphlet developed under subsection (a)(1) of this
            section; and

            (iv) received from the foreign national client a signed,
          written consent, in the foreign national client's primary
          language, to release the foreign national client's personal
          contact information to the specific United States client.
        (B) Confidentiality
          In fulfilling the requirements of this paragraph, an
        international marriage broker shall disclose the relationship
        of the United States client to individuals who were issued a
        protection order or restraining order as described in clause
        (i) of paragraph (2)(B), or of any other victims of crimes as
        described in clauses (ii) through (iv) of such paragraph, but
        shall not disclose the name or location information of such
        individuals.
        (C) Penalty for misuse of information
          A person who knowingly discloses, uses, or causes to be used
        any information obtained by an international marriage broker as
        a result of the obligations imposed on it under paragraph (2)
        and this paragraph for any purpose other than the disclosures
        required under this paragraph shall be fined in accordance with
        title 18 or imprisoned not more than 1 year, or both. These
        penalties are in addition to any other civil or criminal
        liability under Federal or State law which a person may be
        subject to for the misuse of that information, including to
        threaten, intimidate, or harass any individual. Nothing in this
        section shall prevent the disclosure of such information to law
        enforcement or pursuant to a court order.
      (4) Limitation on disclosure
        An international marriage broker shall not provide the personal
      contact information of any foreign national client to any person
      or entity other than a United States client. Such information
      shall not be disclosed to potential United States clients or
      individuals who are being recruited to be United States clients
      or representatives.
      (5) Penalties
        (A) Federal civil penalty
          (i) Violation
            An international marriage broker that violates (or attempts
          to violate) paragraph (1), (2), (3), or (4) is subject to a
          civil penalty of not less than $5,000 and not more than
          $25,000 for each such violation.
          (ii) Procedures for imposition of penalty
            A penalty may be imposed under clause (i) by the Attorney
          General only after notice and an opportunity for an agency
          hearing on the record in accordance with subchapter II of
          chapter 5 of title 5 (popularly known as the Administrative
          Procedure Act).
        (B) Federal criminal penalty
          In circumstances in or affecting interstate or foreign
        commerce, an international marriage broker that, within the
        special maritime and territorial jurisdiction of the United
        States, violates (or attempts to violate) paragraph (1), (2),
        (3), or (4) shall be fined in accordance with title 18 or
        imprisoned for not more than 5 years, or both.
        (C) Additional remedies
          The penalties and remedies under this subsection are in
        addition to any other penalties or remedies available under
        law.
      (6) Nonpreemption
        Nothing in this subsection shall preempt - 
          (A) any State law that provides additional protections for
        aliens who are utilizing the services of an international
        marriage broker; or
          (B) any other or further right or remedy available under law
        to any party utilizing the services of an international
        marriage broker.
      (7) Effective date
        (A) In general
          Except as provided in subparagraph (B), this subsection shall
        take effect on the date that is 60 days after January 5, 2006.
        (B) Additional time allowed for information pamphlet
          The requirement for the distribution of the pamphlet
        developed under subsection (a)(1) of this section shall not
        apply until 30 days after the date of its development and
        initial distribution under subsection (a)(6) of this section.
    (e) Definitions
      In this section:
      (1) Crime of violence
        The term "crime of violence" has the meaning given such term in
      section 16 of title 18.
      (2) Domestic violence
        The term "domestic violence" has the meaning given such term in
      section 3 of this Act.(!1)

      (3) Foreign national client
        The term "foreign national client" means a person who is not a
      United States citizen or national or an alien lawfully admitted
      to the United States for permanent residence and who utilizes the
      services of an international marriage broker. Such term includes
      an alien residing in the United States who is in the United
      States as a result of utilizing the services of an international
      marriage broker and any alien recruited by an international
      marriage broker or representative of such broker.
      (4) International marriage broker
        (A) In general
          The term "international marriage broker" means a corporation,
        partnership, business, individual, or other legal entity,
        whether or not organized under any law of the United States,
        that charges fees for providing dating, matrimonial,
        matchmaking services, or social referrals between United States
        citizens or nationals or aliens lawfully admitted to the United
        States as permanent residents and foreign national clients by
        providing personal contact information or otherwise
        facilitating communication between individuals.
        (B) Exceptions
          Such term does not include - 
            (i) a traditional matchmaking organization of a cultural or
          religious nature that operates on a nonprofit basis and
          otherwise operates in compliance with the laws of the
          countries in which it operates, including the laws of the
          United States; or
            (ii) an entity that provides dating services if its
          principal business is not to provide international dating
          services between United States citizens or United States
          residents and foreign nationals and it charges comparable
          rates and offers comparable services to all individuals it
          serves regardless of the individual's gender or country of
          citizenship.
      (5) K nonimmigrant visa
        The term "K nonimmigrant visa" means a nonimmigrant visa under
      clause (i) or (ii) of section 1101(a)(15)(K) of this title.
      (6) Personal contact information
        (A) In general
          The term "personal contact information" means information, or
        a forum to obtain such information, that would permit
        individuals to contact each other, including - 
            (i) the name or residential, postal, electronic mail, or
          instant message address of an individual;
            (ii) the telephone, pager, cellphone, or fax number, or
          voice message mailbox of an individual; or
            (iii) the provision of an opportunity for an in-person
          meeting.
        (B) Exception
          Such term does not include a photograph or general
        information about the background or interests of a person.
      (7) Representative
        The term "representative" means, with respect to an
      international marriage broker, the person or entity acting on
      behalf of such broker. Such a representative may be a recruiter,
      agent, independent contractor, or other international marriage
      broker or other person conveying information about or to a United
      States client or foreign national client, whether or not the
      person or entity receives remuneration.
      (8) State
        The term "State" includes the District of Columbia, Puerto
      Rico, the Virgin Islands, Guam, American Samoa, and the Northern
      Mariana Islands.
      (9) United States
        The term "United States", when used in a geographic sense,
      includes all the States.
      (10) United States client
        The term "United States client" means a United States citizen
      or other individual who resides in the United States and who
      utilizes the services of an international marriage broker, if a
      payment is made or a debt is incurred to utilize such services.
    (f) GAO study and report
      (1) Study
        The Comptroller General of the United States shall conduct a
      study - 
          (A) on the impact of this section and section 832 (!1) on the
        K nonimmigrant visa process, including specifically - 
            (i) annual numerical changes in petitions for K
          nonimmigrant visas;
            (ii) the annual number (and percentage) of such petitions
          that are denied under subsection (d)(2) or (r) of section
          1184 of this title;
            (iii) the annual number of waiver applications submitted
          under such a subsection, the number (and percentage) of such
          applications granted or denied, and the reasons for such
          decisions;
            (iv) the annual number (and percentage) of cases in which
          the criminal background information collected and provided to
          the applicant as required by subsection (a)(5)(A)(iii) of
          this section contains one or more convictions;
            (v) the annual number and percentage of cases described in
          clause (iv) that were granted or were denied waivers under
          section 1184(d)(2) of this title;
            (vi) the annual number of fiance&233;(e) and spousal K
          nonimmigrant visa petitions or family-based immigration
          petitions filed by petitioners or applicants who have
          previously filed other fiance&233;(e) or spousal K
          nonimmigrant visa petitions or family-based immigration
          petitions;
            (vii) the annual number of fiance&233;(e) and spousal K
          nonimmigrant visa petitions or family-based immigration
          petitions filed by petitioners or applicants who have
          concurrently filed other fiance&233;(e) or spousal K
          nonimmigrant visa petitioners or family-based immigration
          petitions; and
            (viii) the annual and cumulative number of petitioners and
          applicants tracked in the multiple filings database
          established under paragraph (4) of section 1184(r) of this
          title;

          (B) regarding the number of international marriage brokers
        doing business in the United States, the number of marriages
        resulting from the services provided, and the extent of
        compliance with the applicable requirements of this section;
          (C) that assesses the accuracy and completeness of
        information gathered under section 832 (!1) and this section
        from clients and petitioners by international marriage brokers,
        the Department of State, or the Department of Homeland
        Security;
          (D) that examines, based on the information gathered, the
        extent to which persons with a history of violence are using
        either the K nonimmigrant visa process or the services of
        international marriage brokers, or both, and the extent to
        which such persons are providing accurate and complete
        information to the Department of State or the Department of
        Homeland Security and to international marriage brokers in
        accordance with subsections (a) and (d)(2)(B) of this section;
        and
          (E) that assesses the accuracy and completeness of the
        criminal background check performed by the Secretary of
        Homeland Security at identifying past instances of domestic
        violence.
      (2) Report
        Not later than 2 years after January 5, 2006, the Comptroller
      General shall submit to the Committee on the Judiciary of the
      Senate and the Committee on the Judiciary of the House of
      Representatives a report setting forth the results of the study
      conducted under paragraph (1).
      (3) Data collection
        The Secretary of Homeland Security and the Secretary of State
      shall collect and maintain the data necessary for the Comptroller
      General of the United States to conduct the study required by
      paragraph (1).

-SOURCE-
    (Pub. L. 109-162, title VIII, Sec. 833, Jan. 5, 2006, 119 Stat.
    3068.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of this Act, referred to in subsec. (e)(2), is section
    3 of Pub. L. 109-162, which enacted sections 3796gg-2 and 13925 of
    Title 42, The Public Health and Welfare, amended sections 3796gg-3,
    3796hh-4, 10420, 13975, and 14039 of Title 42, repealed former
    section 3796gg-2 of Title 42, and amended provisions set out as a
    note under section 3796gg-2 of Title 42.
      Section 832, referred to in subsec. (f)(1)(A), (C), is section
    832 of Pub. L. 109-162, which amended section 1184 of this title
    and enacted provisions set out as notes under section 1184 of this
    title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Marriage Broker
    Regulation Act of 2005, and also as part of the Violence Against
    Women and Department of Justice Reauthorization Act of 2005, and
    not as part of the Immigration and Nationality Act which comprises
    this chapter.
      Section is comprised of section 833 of Pub. L. 109-162. Subsec.
    (g) of section 833 of Pub. L. 109-162 repealed section 1375 of this
    title.

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1376                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1376. Data on nonimmigrant overstay rates

-STATUTE-
    (a) Collection of data
      Not later than the date that is 180 days after April 27, 1998,
    the Attorney General shall implement a program to collect data, for
    each fiscal year, regarding the total number of aliens within each
    of the classes of nonimmigrant aliens described in section
    1101(a)(15) of this title whose authorized period of stay in the
    United States terminated during the previous fiscal year, but who
    remained in the United States notwithstanding such termination.
    (b) Annual report
      Not later than June 30, 1999, and not later than June 30 of each
    year thereafter, the Attorney General shall submit an annual report
    to the Congress providing numerical estimates, for each country for
    the preceding fiscal year, of the number of aliens from the country
    who are described in subsection (a) of this section.

-SOURCE-
    (Pub. L. 105-173, Sec. 2, Apr. 27, 1998, 112 Stat. 56.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Immigration and
    Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1377                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1377. Collection of data on detained asylum seekers

-STATUTE-
    (a) In general
      The Attorney General shall regularly collect data on a nation-
    wide (!1) basis with respect to asylum seekers in detention in the
    United States, including the following information:

        (1) The number of detainees.
        (2) An identification of the countries of origin of the
      detainees.
        (3) The percentage of each gender within the total number of
      detainees.
        (4) The number of detainees listed by each year of age of the
      detainees.
        (5) The location of each detainee by detention facility.
        (6) With respect to each facility where detainees are held,
      whether the facility is also used to detain criminals and whether
      any of the detainees are held in the same cells as criminals.
        (7) The number and frequency of the transfers of detainees
      between detention facilities.
        (8) The average length of detention and the number of detainees
      by category of the length of detention.
        (9) The rate of release from detention of detainees for each
      district of the Immigration and Naturalization Service.
        (10) A description of the disposition of cases.
    (b) Annual reports
      Beginning October 1, 1999, and not later than October 1 of each
    year thereafter, the Attorney General shall submit to the Committee
    on the Judiciary of each House of Congress a report setting forth
    the data collected under subsection (a) of this section for the
    fiscal year ending September 30 of that year.
    (c) Availability to public
      Copies of the data collected under subsection (a) of this section
    shall be made available to members of the public upon request
    pursuant to such regulations as the Attorney General shall
    prescribe.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 903], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-541.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Haitian Refugee Immigration
    Fairness Act of 1998, and also as part of the Treasury and General
    Government Appropriations Act, 1999, and the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999, and not as
    part of the Immigration and Nationality Act which comprises this
    chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "nationwide".

-End-

-CITE-
    8 USC Sec. 1378                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1378. Collection of data on other detained aliens

-STATUTE-
    (a) In general
      The Attorney General shall regularly collect data on a nationwide
    basis on aliens being detained in the United States by the
    Immigration and Naturalization Service other than the aliens
    described in section 1377 of this title, including the following
    information:
        (1) The number of detainees who are criminal aliens and the
      number of detainees who are noncriminal aliens who are not
      seeking asylum.
        (2) An identification of the ages, gender, and countries of
      origin of detainees within each category described in paragraph
      (1).
        (3) The types of facilities, whether facilities of the
      Immigration and Naturalization Service or other Federal, State,
      or local facilities, in which each of the categories of detainees
      described in paragraph (1) are held.
    (b) Length of detention, transfers, and dispositions
      With respect to detainees who are criminal aliens and detainees
    who are noncriminal aliens who are not seeking asylum, the Attorney
    General shall also collect data concerning - 
        (1) the number and frequency of transfers between detention
      facilities for each category of detainee;
        (2) the average length of detention of each category of
      detainee;
        (3) for each category of detainee, the number of detainees who
      have been detained for the same length of time, in 3-month
      increments;
        (4) for each category of detainee, the rate of release from
      detention for each district of the Immigration and Naturalization
      Service; and
        (5) for each category of detainee, the disposition of
      detention, including whether detention ended due to deportation,
      release on parole, or any other release.
    (c) Criminal aliens
      With respect to criminal aliens, the Attorney General shall also
    collect data concerning - 
        (1) the number of criminal aliens apprehended under the
      immigration laws and not detained by the Attorney General; and
        (2) a list of crimes committed by criminal aliens after the
      decision was made not to detain them, to the extent this
      information can be derived by cross-checking the list of criminal
      aliens not detained with other databases accessible to the
      Attorney General.
    (d) Annual reports
      Beginning on October 1, 1999, and not later than October 1 of
    each year thereafter, the Attorney General shall submit to the
    Committee on the Judiciary of each House of Congress a report
    setting forth the data collected under subsections (a), (b), and
    (c) of this section for the fiscal year ending September 30 of that
    year.
    (e) Availability to public
      Copies of the data collected under subsections (a), (b), and (c)
    of this section shall be made available to members of the public
    upon request pursuant to such regulations as the Attorney General
    shall prescribe.

-SOURCE-
    (Pub. L. 105-277, div. A, Sec. 101(h) [title IX, Sec. 904], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-542.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Haitian Refugee Immigration
    Fairness Act of 1998, and also as part of the Treasury and General
    Government Appropriations Act, 1999, and the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999, and not as
    part of the Immigration and Nationality Act which comprises this
    chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1379                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1379. Technology standard to confirm identity

-STATUTE-
    (1) In general
      The Attorney General and the Secretary of State jointly, through
    the National Institute of Standards and Technology (NIST), and in
    consultation with the Secretary of the Treasury and other Federal
    law enforcement and intelligence agencies the Attorney General or
    Secretary of State deems appropriate and in consultation with
    Congress, shall within 15 months after October 26, 2001, develop
    and certify a technology standard, including appropriate biometric
    identifier standards, that can be used to verify the identity of
    persons applying for a United States visa or such persons seeking
    to enter the United States pursuant to a visa for the purposes of
    conducting background checks, confirming identity, and ensuring
    that a person has not received a visa under a different name or
    such person seeking to enter the United States pursuant to a visa.
    (2) Interoperable
      The technology standard developed pursuant to paragraph (1),
    shall be the technological basis for a cross-agency, cross-platform
    electronic system that is a cost-effective, efficient, fully
    interoperable means to share law enforcement and intelligence
    information necessary to confirm the identity of such persons
    applying for a United States visa or such person seeking to enter
    the United States pursuant to a visa.
    (3) Accessible
      The electronic system described in paragraph (2), once
    implemented, shall be readily and easily accessible to - 
        (A) all consular officers responsible for the issuance of
      visas;
        (B) all Federal inspection agents at all United States border
      inspection points; and
        (C) all law enforcement and intelligence officers as determined
      by regulation to be responsible for investigation or
      identification of aliens admitted to the United States pursuant
      to a visa.
    (4) Report
      Not later than one year after October 26, 2001, and every 2 years
    thereafter, the Attorney General and the Secretary of State shall
    jointly, in consultation with the Secretary of Treasury, report to
    Congress describing the development, implementation, efficacy, and
    privacy implications of the technology standard and electronic
    database system described in this section.
    (5) Funding
      There is authorized to be appropriated to the Secretary of State,
    the Attorney General, and the Director of the National Institute of
    Standards and Technology such sums as may be necessary to carry out
    the provisions of this section.

-SOURCE-
    (Pub. L. 107-56, title IV, Sec. 403(c), Oct. 26, 2001, 115 Stat.
    344; Pub. L. 107-173, title II, Secs. 201(c)(5), 202(a)(4)(B), May
    14, 2002, 116 Stat. 548, 549.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Uniting and Strengthening
    America by Providing Appropriate Tools Required to Intercept and
    Obstruct Terrorism Act of 2001 or USA PATRIOT Act, and not as part
    of the Immigration and Nationality Act which comprises this
    chapter.

-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1). Pub. L. 107-173, Secs. 201(c)(5)(A),
    202(a)(4)(B)(i), substituted "15 months" for "2 years" and inserted
    ", including appropriate biometric identifier standards," after
    "technology standard".
      Par. (2). Pub. L. 107-173, Sec. 202(a)(4)(B)(ii), substituted
    "Interoperable" for "Integrated" in heading and "interoperable" for
    "integrated" in text.
      Par. (4). Pub. L. 107-173, Sec. 201(c)(5)(B), substituted "one
    year" for "18 months".

       REPORT ON THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION
           SYSTEM FOR PORTS OF ENTRY AND OVERSEAS CONSULAR POSTS
      Pub. L. 107-56, title IV, Sec. 405, Oct. 26, 2001, 115 Stat. 345,
    provided that:
      "(a) In General. - The Attorney General, in consultation with the
    appropriate heads of other Federal agencies, including the
    Secretary of State, Secretary of the Treasury, and the Secretary of
    Transportation, shall report to Congress on the feasibility of
    enhancing the Integrated Automated Fingerprint Identification
    System (IAFIS) of the Federal Bureau of Investigation and other
    identification systems in order to better identify a person who
    holds a foreign passport or a visa and may be wanted in connection
    with a criminal investigation in the United States or abroad,
    before the issuance of a visa to that person or the entry or exit
    from the United States by that person.
      "(b) Authorization of Appropriations. - There is authorized to be
    appropriated not less than $2,000,000 to carry out this section."

-End-

-CITE-
    8 USC Sec. 1380                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1380. Maintenance of statistics by the Department of Homeland
      Security

-STATUTE-
    (a) In general
      The Department of Homeland Security shall maintain statistics
    regarding petitions filed, approved, extended, and amended with
    respect to nonimmigrants described in section 1101(a)(15)(L) of
    this title, including the number of such nonimmigrants who are
    classified on the basis of specialized knowledge and the number of
    nonimmigrants who are classified on the basis of specialized
    knowledge in order to work primarily at offsite locations.
    (b) Applicability
      Subsection (a) of this section shall apply to petitions filed on
    or after the effective date of this subtitle.

-SOURCE-
    (Pub. L. 108-447, div. J, title IV, Sec. 414, Dec. 8, 2004, 118
    Stat. 3352.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsec. (b), means subtitle A
    (Secs. 411-417) of title IV of div. J of Pub. L. 108-447. For the
    effective date of subtitle A, see section 417 of Pub. L. 108-447,
    set out as an Effective Date of 2004 Amendment note under section
    1184 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the L-1 Visa (Intracompany
    Transferee) Reform Act of 2004, and also as part of the L-1 Visa
    and H-1B Visa Reform Act and the Consolidated Appropriations Act,
    2005, and not as part of the Immigration and Nationality Act which
    comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 180 days after Dec. 8, 2004, see section 417 of
    Pub. L. 108-447, set out as an Effective Date of 2004 Amendment
    note under section 1184 of this title.

-End-

-CITE-
    8 USC Sec. 1381                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part IX - Miscellaneous

-HEAD-
    Sec. 1381. Secretary of Labor report

-STATUTE-
      Not later than January 31 of each year, the Secretary of Labor
    shall report to the Committees on the Judiciary of the Senate and
    the House of Representatives on the investigations undertaken based
    on - 
        (1) the authorities described in clauses (i) and (ii) of
      section 1182(n)(2)(G) of this title; and
        (2) the expenditures by the Secretary of Labor described in
      section 1356(v)(2)(D) of this title.

-SOURCE-
    (Pub. L. 108-447, div. J, title IV, Sec. 424(c), Dec. 8, 2004, 118
    Stat. 3356.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the H-1B Visa Reform Act of 2004,
    and also as part of the L-1 Visa and H-1B Visa Reform Act and the
    Consolidated Appropriations Act, 2005, and not as part of the
    Immigration and Nationality Act which comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Dec. 8, 2004, see section 430 of
    Pub. L. 108-447, set out as an Effective Date of 2004 Amendment
    note under section 1182 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER III - NATIONALITY AND NATURALIZATION       01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION

-HEAD-
              SUBCHAPTER III - NATIONALITY AND NATURALIZATION          

-End-

-CITE-
    8 USC Part I - Nationality at Birth and Collective
                    Naturalization                         01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
        PART I - NATIONALITY AT BIRTH AND COLLECTIVE NATURALIZATION    

-End-

-CITE-
    8 USC Sec. 1401                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1401. Nationals and citizens of United States at birth

-STATUTE-
      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 section 288 of title 22 by such citizen parent, or any
      periods during which such citizen parent is physically present
      abroad as the dependent unmarried son or daughter and a member of
      the household of a person (A) honorably serving with the Armed
      Forces of the United States, or (B) employed by the United States
      Government or an international organization as defined in section
      288 of title 22, may be included in order to satisfy the physical-
      presence requirement of this paragraph. This proviso shall be
      applicable to persons born on or after December 24, 1952, to the
      same extent as if it had become effective in its present form on
      that date; and
        (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 301, 66 Stat. 235;
    Pub. L. 89-770, Nov. 6, 1966, 80 Stat. 1322; Pub. L. 92-584, Secs.
    1, 3, Oct. 27, 1972, 86 Stat. 1289; Pub. L. 95-432, Secs. 1, 3,
    Oct. 10, 1978, 92 Stat. 1046; Pub. L. 99-653, Sec. 12, Nov. 14,
    1986, 100 Stat. 3657; Pub. L. 103-416, title I, Sec. 101(a), Oct.
    25, 1994, 108 Stat. 4306.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (h). Pub. L. 103-416 added subsec. (h).
      1986 - Subsec. (g). Pub. L. 99-653 substituted "five years, at
    least two" for "ten years, at least five".
      1978 - Subsec. (a). Pub. L. 95-432, Sec. 3, struck out "(a)"
    before "The following" and redesignated pars. (1) to (7) as (a) to
    (g), respectively.
      Subsec. (b). Pub. L. 95-432, Sec. 1, struck out subsec. (b) which
    provided that any person who was a national or citizen of the
    United States under subsec. (a)(7) lose his nationality or
    citizenship unless he be continuously physically present in the
    United States for a period of not less than two years between the
    ages of 14 and 28 or that the alien parent be naturalized while the
    child was under 18 years of age and the child began permanent
    residence in the United States while under 18 years of age and that
    absence from the United States of less than 60 days not break the
    continuity of presence.
      Subsec. (c). Pub. L. 95-432, Sec. 1, struck out subsec. (c) which
    provided that former subsec. (b) apply to persons born abroad
    subsequent to May 24, 1934, except that this not be construed to
    alter the citizenship of any person born abroad subsequent to May
    24, 1934 who, prior to the effective date of this chapter, had
    taken up residence in the United States before attaining 16 years
    of age, and thereafter, whether before or after the effective date
    of this chapter, complied with the residence requirements of
    section 201(g) and (h) of the Nationality Act of 1940.
      Subsec. (d). Pub. L. 95-432, Sec. 1, struck out subsec. (d) which
    provided that nothing in former subsec. (b) be construed to alter
    the citizenship of any person who came into the United States prior
    to Oct. 27, 1972, and who, whether before or after Oct. 27, 1972,
    immediately following such coming complied with the physical
    presence requirements for retention of citizenship specified in
    former subsec. (b), prior to amendment of former subsec. (b) by
    Pub. L. 92-584.
      1972 - Subsec. (b). Pub. L. 92-584, Sec. 1, substituted
    provisions that nationals and citizens of the United States under
    subsec. (a)(7), lose such status unless they are present
    continuously in the United States for two years between the ages of
    fourteen and twenty eight years, or the alien parent is naturalized
    while the child is under the age of eighteen years and the child
    begins to reside permanently in the United States while under the
    age of eighteen years, and that absence from the United States of
    less than sixty days will not break the continuity of presence, for
    provisions that such status would be lost unless the nationals and
    citizens come to the United States prior to attaining twenty three
    years and be present continuously in the United States for five
    years, and that such presence should be between the age of fourteen
    and twenty eight years.
      Subsec. (d). Pub. L. 92-584, Sec. 3, added subsec. (d).
      1966 - Subsec. (a)(7). Pub. L. 89-770 authorized periods of
    employment with the United States Government or with an
    international organization by the citizen parent, or any periods
    during which the citizen parent is physically present abroad as the
    dependent unmarried son or daughter and a member of the household
    of a person (A) honorably serving with the Armed Forces of the
    United States, or (B) employed by the United States Government or
    an international organization, to be included in order to satisfy
    the physical presence requirement, and permitted the proviso to be
    applicable to persons born on or after December 24, 1952.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(d) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendment made by section 12 [amending this section] shall apply to
    persons born on or after November 14, 1986."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 1 of Pub. L. 95-432 provided that the amendment made by
    that section is effective Oct. 10, 1978.

                              EFFECTIVE DATE                          
      Chapter effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

                     WAIVER OF RETENTION REQUIREMENTS                 
      Section 101(b) of Pub. L. 103-416 provided that: "Any provision
    of law (including section 301(b) of the Immigration and Nationality
    Act [8 U.S.C. 1401(b)] (as in effect before October 10, 1978), and
    the provisos of section 201(g) of the Nationality Act of 1940
    [former 8 U.S.C. 601(g)]) that provided for a person's loss of
    citizenship or nationality if the person failed to come to, or
    reside or be physically present in, the United States shall not
    apply in the case of a person claiming United States citizenship
    based on such person's descent from an individual described in
    section 301(h) of the Immigration and Nationality Act (as added by
    subsection (a))."

                 RETROACTIVE APPLICATION OF 1994 AMENDMENT             
      Section 101(c) of Pub. L. 103-416 provided that:
      "(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 8 U.S.C. 6] (as in effect before the enactment of
    the Act of May 24, 1934 (48 Stat. 797)).
      "(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 (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision)
    or who was excluded from, or who would not have been eligible for
    admission to, the United States under the Displaced Persons Act of
    1948 [former 50 U.S.C. App. 1951 et seq.] or under section 14 of
    the Refugee Relief Act of 1953 [former 50 U.S.C. App. 1971l]."

                APPLICABILITY OF TRANSMISSION REQUIREMENTS            
      Section 101(d) of Pub. L. 103-416, as amended by Pub. L. 104-208,
    div. C, title VI, Sec. 671(b)(1), Sept. 30, 1996, 110 Stat. 3009-
    721, provided that: "This section [amending this section and
    enacting provisions set out above], the amendments made by this
    section, and any retroactive application of such amendments shall
    not effect the application of any provision of law relating to
    residence or physical presence in the United States for purposes of
    transmitting United States citizenship to any person whose claim is
    based on the amendment made by subsection (a) [amending this
    section] or through whom such a claim is derived."

                       ADMISSION OF ALASKA AS STATE                   
      Alaska Statehood provisions as not conferring, terminating, or
    restoring United States nationality, see section 21 of Pub. L. 85-
    508, July 7, 1958, 72 Stat. 339, set out as a note preceding
    former section 21 of Title 48, Territories and Insular Possessions.

-End-

-CITE-
    8 USC Sec. 1401a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1401a. Birth abroad before 1952 to service parent

-STATUTE-
      Section 1401(g) of this title shall be considered to have been
    and to be applicable to a child born outside of the United States
    and its outlying possessions after January 12, 1941, and before
    December 24, 1952, of parents one of whom is a citizen of the
    United States who has served in the Armed Forces of the United
    States after December 31, 1946, and before December 24, 1952, and
    whose case does not come within the provisions of section 201(g) or
    (i) of the Nationality Act of 1940.

-SOURCE-
    (Mar. 16, 1956, ch. 85, 70 Stat. 50; Pub. L. 97-116, Sec. 18(u)(2),
    Dec. 29, 1981, 95 Stat. 1621.)

-REFTEXT-
                            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, Sec. 403(a)(42), 66 Stat. 280, eff. Dec. 24, 1952,
    provided as follows:
      "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."

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Immigration and
    Nationality Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1981 - Pub. L. 97-116 substituted "Section 1401(g)" for "Section
    1401(a)(7)".

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-End-

-CITE-
    8 USC Sec. 1401b                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1401b. Repealed.

-MISC1-
    Sec. 1401b. Repealed. Pub. L. 92-584, Sec. 2, Oct. 27, 1972, 86
      Stat. 1289.
      Section, Pub. L. 85-316, Sec. 16, Sept. 11, 1957, 71 Stat. 644,
    provided that absence from the United States of less than twelve
    months would not break the continuity of presence in the
    administration of section 1401(b) of this title. See section
    1401(b) of this title.

-End-

-CITE-
    8 USC Sec. 1402                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1402. Persons born in Puerto Rico on or after April 11, 1899

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 302, 66 Stat. 236.)

-End-

-CITE-
    8 USC Sec. 1403                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1403. Persons born in the Canal Zone or Republic of Panama on
      or after February 26, 1904

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 303, 66 Stat. 236.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in text, see section
    3602(b) of Title 22, Foreign Relations and Intercourse.
      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 section
    1101 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Panama Railroad Company redesignated Panama Canal Company by act
    Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038. References
    to Panama Canal Company in laws of the United States are deemed to
    refer to Panama Canal Commission pursuant to section 3602(b)(5) of
    Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    8 USC Sec. 1404                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1404. Persons born in Alaska on or after March 30, 1867

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 304, 66 Stat. 237.)

-MISC1-
                       ADMISSION OF ALASKA AS STATE                   
      Alaska Statehood provisions as not repealing, amending, or
    modifying the provisions of this section, see section 24 of Pub. L.
    85-508, July 7, 1958, 72 Stat. 339, set out as a note preceding
    former section 21 of Title 48, Territories and Insular Possessions.

-End-

-CITE-
    8 USC Sec. 1405                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1405. Persons born in Hawaii

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 305, 66 Stat. 237.)

-MISC1-
                       ADMISSION OF HAWAII AS STATE                   
      Hawaii Statehood provisions as not repealing, amending, or
    modifying the provisions of this section, see section 20 of Pub. L.
    86-3, Mar. 18, 1959, 73 Stat. 13, set out as a note at the
    beginning of chapter 3 of Title 48, Territories and Insular
    Possessions.

-End-

-CITE-
    8 USC Sec. 1406                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1406. Persons living in and born in the Virgin Islands

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 306, 66 Stat. 237.)

-End-

-CITE-
    8 USC Sec. 1407                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1407. Persons living in and born in Guam

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 307, 66 Stat. 237.)

-End-

-CITE-
    8 USC Sec. 1408                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1408. Nationals but not citizens of the United States at birth

-STATUTE-
      Unless otherwise provided in section 1401 of this title, the
    following shall be nationals, but not citizens, of the United
    States at birth:
      (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 section 1401(g) of this title shall apply to the
    national parent under this paragraph in the same manner as it
    applies to the citizen parent under that section.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 308, 66 Stat. 238;
    Pub. L. 99-396, Sec. 15(a), Aug. 27, 1986, 100 Stat. 842; Pub. L.
    100-525, Sec. 3(2), Oct. 24, 1988, 102 Stat. 2614.)

-MISC1-
                                AMENDMENTS                            
      1988 - Par. (4). Pub. L. 100-525 amended Pub. L. 99-396. See 1986
    Amendment note below.
      1986 - Par. (4). Pub. L. 99-396, as amended by Pub. L. 100-525,
    added par. (4).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 3 of Pub. L. 100-525 provided that the amendment made by
    that section is effective as if included in the enactment of Pub.
    L. 99-396.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 15(b) of Pub. L. 99-396 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    persons born before, on, or after the date of the enactment of this
    Act [Aug. 27, 1986]. In the case of a person born before the date
    of the enactment of this Act - 
        "(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."

-End-

-CITE-
    8 USC Sec. 1409                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part I - Nationality at Birth and Collective Naturalization

-HEAD-
    Sec. 1409. Children born out of wedlock

-STATUTE-
      (a) The provisions of paragraphs (c), (d), (e), and (g) of
    section 1401 of this title, and of paragraph (2) of section 1408 of
    this title, shall apply as of the date of birth to a person born
    out of wedlock if - 
        (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 section 1401(g) of this title shall apply to a child
    born out of wedlock on or after January 13, 1941, and before
    December 24, 1952, as of the date of birth, if the paternity of
    such child is established at any time while such child is under the
    age of twenty-one years by legitimation.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 1, Sec. 309, 66 Stat. 238;
    Pub. L. 97-116, Sec. 18(l), Dec. 29, 1981, 95 Stat. 1620; Pub. L.
    99-653, Sec. 13, Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525,
    Secs. 8(k), 9(r), Oct. 24, 1988, 102 Stat. 2617, 2621.)

-REFTEXT-
                            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, 66 Stat. 280, which is
    set out as a Savings Clause note under section 1101 of this title.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-525, Sec. 8(k), amended Pub. L.
    99-653. See 1986 Amendment note below.
      Subsec. (b). Pub. L. 100-525, Sec. 9(r)(1), substituted "before
    December 24, 1952" for "prior to the effective date of this
    chapter" and "at any time" for "before or after the effective date
    of this chapter and".
      Subsec. (c). Pub. L. 100-525, Sec. 9(r)(2), substituted "after
    December 23, 1952" for "on or after the effective date of this
    chapter".
      1986 - Subsec. (a). Pub. L. 99-653, as amended by Pub. L. 100-
    525, Sec. 8(k), amended subsec. (a) generally. Prior to amendment,
    subsec. (a) read as follows: "The provisions of paragraphs (c),
    (d), (e), and (g) of section 1401 of this title, and of paragraph
    (2) of section 1408, of this title shall apply as of the date of
    birth to a child born out of wedlock on or after the effective date
    of this chapter, if the paternity of such child is established
    while such child is under the age of twenty-one years by
    legitimation."
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(l)(1), substituted
    "(c), (d), (e), and (g) of section 1401" for "(3) to (5) and (7) of
    section 1401(a)".
      Subsec. (b). Pub. L. 97-116, Sec. 18(l)(2), substituted "section
    1401(g)" for "section 1401(a)(7)".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 8(k) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(e) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that:
      "(1) Except as provided in paragraph (2)(B), the new section
    309(a) [8 U.S.C. 1409(a)] (as defined in paragraph (4)(A)) shall
    apply to persons who have not attained 18 years of age as of the
    date of the enactment of this Act [Nov. 14, 1986].
      "(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 [8 U.S.C. 1409(a)], as amended by
      section 13 of this Act [section 13 of Pub. L. 99-653] and as in
      effect after the date of the enactment of this 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 Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-End-

-CITE-
    8 USC Part II - Nationality Through Naturalization          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
               PART II - NATIONALITY THROUGH NATURALIZATION           

-End-

-CITE-
    8 USC Sec. 1421                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1421. Naturalization authority

-STATUTE-
    (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 section 1448(c) of this title - 
        (A) General jurisdiction
          Except as provided in subparagraph (B), each applicant for
        naturalization may choose to have the oath of allegiance under
        section 1448(a) of this title administered by the Attorney
        General or by an eligible court described in paragraph (5).
        Each such eligible court shall have authority to administer
        such oath of allegiance to persons residing within the
        jurisdiction of the court.
        (B) Exclusive authority
          An eligible court described in paragraph (5) that wishes to
        have exclusive authority to administer the oath of allegiance
        under section 1448(a) of this title to persons residing within
        the jurisdiction of the court during the period described in
        paragraph (3)(A)(i) shall notify the Attorney General of such
        wish and, subject to this subsection, shall have such exclusive
        authority with respect to such persons during such period.
      (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
            section 1448(a) of this title, and
              (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 section 1448(a) of this title to such a
          person during the period specified in paragraph (3)(A)(i),
          and
            (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 section 1448(a) of this title to a person
        under this subsection if the Attorney General has not provided
        the court with the certification described in subparagraph
        (A)(i) within a reasonable time before the date scheduled by
        the court for oath administration ceremonies. Upon notification
        of a court's waiver of jurisdiction, the Attorney General shall
        promptly notify the applicant.
      (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 section 1447(a) of this title, may seek review of such denial
    before the United States district court for the district in which
    such person resides in accordance with chapter 7 of title 5. Such
    review shall be de novo, and the court shall make its own findings
    of fact and conclusions of law and shall, at the request of the
    petitioner, conduct a hearing de novo on the application.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 310, 66 Stat. 239;
    Pub. L. 85-508, Sec. 25, July 7, 1958, 72 Stat. 351; Pub. L. 86-3,
    Sec. 20(c), Mar. 18, 1959, 73 Stat. 13; Pub. L. 87-301, Sec. 17,
    Sept. 26, 1961, 75 Stat. 656; Pub. L. 100-525, Sec. 9(s), Oct. 24,
    1988, 102 Stat. 2621; Pub. L. 101-649, title IV, Sec. 401(a), Nov.
    29, 1990, 104 Stat. 5038; Pub. L. 102-232, title I, Sec. 102(a),
    title III, Sec. 305(a), Dec. 12, 1991, 105 Stat. 1734, 1749; Pub.
    L. 103-416, title II, Sec. 219(u), Oct. 25, 1994, 108 Stat. 4318.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(5)(A). Pub. L. 103-416 substituted "district
    court" for "District Court".
      1991 - Subsec. (b). Pub. L. 102-232, Sec. 102(a), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows: "An
    applicant for naturalization may choose to have the oath of
    allegiance under section 1448(a) of this title administered by the
    Attorney General or by any district court of the United States for
    any State or by 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. The
    jurisdiction of all courts in this subsection specified to
    administer the oath of allegiance shall extend only to persons
    resident within the respective jurisdiction of such courts."
      Pub. L. 102-232, Sec. 305(a), substituted "district court" for
    "District Court".
      1990 - Pub. L. 101-649 amended section generally, substituting
    provisions authorizing Attorney General to naturalize persons as
    citizens, for provisions granting certain courts exclusive
    jurisdiction to naturalize.
      1988 - Subsec. (e). Pub. L. 100-525 struck out subsec. (e) which
    read as follows: "Notwithstanding the provisions of section 405(a),
    any petition for naturalization filed on or after September 26,
    1961, shall be heard and determined in accordance with the
    requirements of this subchapter."
      1961 - Subsec. (e). Pub. L. 87-301 added subsec. (e).
      1959 - Subsec. (a). Pub. L. 86-3 struck out provisions which
    conferred jurisdiction on District Court for Territory of Hawaii.
    See section 91 of Title 28, Judiciary and Judicial Procedure, and
    notes thereunder.
      1958 - Subsec. (a). Pub. L. 85-508 struck out provisions which
    conferred jurisdiction on District Court for Territory of Alaska.
    See section 81A of Title 28, which established a United States
    District Court for the State of Alaska.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 102(c) of title I of Pub. L. 102-232 provided that: "The
    amendments made by this title [amending this section and sections
    1448, 1450, and 1455 of this title] shall take effect 30 days after
    the date of the enactment of this Act [Dec. 12, 1991]."
      Amendment by section 305(a) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.

            EFFECTIVE DATE OF 1990 AMENDMENT; SAVINGS PROVISION        
      Section 408 of title IV of Pub. L. 101-649, as amended by Pub. L.
    102-232, title III, Sec. 305(n), Dec. 12, 1991, 105 Stat. 1750,
    provided that:
      "(a) Effective Date. - 
        "(1) No new court petitions after effective date. - No court
      shall have jurisdiction, under section 310(a) of the Immigration
      and Nationality Act [8 U.S.C. 1421(a)], to naturalize a person
      unless a petition for naturalization with respect to that person
      has been filed with the court before October 1, 1991.
        "(2) Treatment of current court petitions. - 
          "(A) Continuation of current rules. - Except as provided in
        subparagraph (B), any petition for naturalization which may be
        pending in a court on October 1, 1991, shall be heard and
        determined in accordance with the requirements of law in effect
        when the petition was filed.
          "(B) Permitting withdrawal and consideration of application
        under new rules. - In the case of any petition for
        naturalization which may be pending in any court on January 1,
        1992, the petitioner may withdraw such petition and have the
        petitioner's application for naturalization considered under
        the amendments made by this title [amending this section,
        sections 1101, 1423, 1424, 1426 to 1430, 1433, 1435 to 1440,
        1441 to 1451, and 1455 of this title, and section 1429 of Title
        18, Crimes and Criminal Procedure, and repealing section 1459
        of this title], but only if the petition is withdrawn not later
        than 3 months after the effective date.
        "(3) General effective date. - Except as otherwise provided in
      this section, the amendments made by this title are effective as
      of the date of the enactment of this Act [Nov. 29, 1990].
      "(b) Interim, Final Regulations. - The Attorney General shall
    prescribe regulations (on an interim, final basis or otherwise) to
    implement the amendments made by this title on a timely basis.
      "(c) Continuing Duties. - The amendments to section 339 of the
    Immigration and Nationality Act [8 U.S.C. 1450] (relating to
    functions and duties of clerks) shall not apply to functions and
    duties respecting petitions filed before October 1, 1991.
      "(d) General Savings Provisions. - (1) Nothing contained in this
    title [amending this section, sections 1101, 1423, 1424, 1426 to
    1430, 1433, 1435 to 1440, 1441 to 1451, and 1455 of this title, and
    section 1429 of Title 18, Crimes and Criminal Procedure, repealing
    section 1459 of this title, and enacting provisions set out as a
    note under section 1440 of this title], unless otherwise
    specifically provided, shall be construed to affect the validity of
    any declaration of intention, petition for naturalization,
    certificate of naturalization, certification of citizenship, or
    other document or proceeding which is valid as of the effective
    date; 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, as of the effective
    date.
      "(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) Treatment of Service in Armed Forces of Foreign Country. -
    The amendments made by section 404 [amending section 1426 of this
    title] (relating to treatment of service in armed forces of a
    foreign country) shall take effect on the date of the enactment of
    this Act [Nov. 29, 1990] and shall apply to exemptions from
    training or service obtained before, on, or after such date.
      "(f) Filipino War Veterans. - Section 405 [enacting provisions
    formerly set out as a note under section 1440 of this title]
    (relating to naturalization of natives of the Philippines through
    active-duty service under United States command during World War
    II) shall become effective on May 1, 1991, without regard to
    whether regulations to implement such section have been issued by
    such date."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                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 Pub. L. 85-508, July 7, 1958, 72 Stat.
    339, set out as a note preceding former section 21 of Title 48,
    Territories and Insular Possessions. For Hawaii Statehood Law, see
    Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note
    preceding former section 491 of Title 48.

-End-

-CITE-
    8 USC Sec. 1422                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1422. Eligibility for naturalization

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 311, 66 Stat. 239;
    Pub. L. 100-525, Sec. 9(t), Oct. 24, 1988, 102 Stat. 2621.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 struck out at end "Notwithstanding section
    405(b) of this Act, this section shall apply to any person whose
    petition for naturalization shall hereafter be filed, or shall have
    been pending on the effective date of this chapter."

-End-

-CITE-
    8 USC Sec. 1423                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1423. Requirements as to understanding the English language,
      history, principles and form of government of the United States

-STATUTE-
      (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 section 1445
    of this title, either - 
        (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 section 1445
    of this title, is over sixty-five 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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 312, 66 Stat. 239;
    Pub. L. 95-579, Sec. 3, Nov. 2, 1978, 92 Stat. 2474; Pub. L. 101-
    649, title IV, Sec. 403, Nov. 29, 1990, 104 Stat. 5039; Pub. L.
    102-232, title III, Sec. 305(m)(2), Dec. 12, 1991, 105 Stat. 1750;
    Pub. L. 103-416, title I, Sec. 108(a), Oct. 25, 1994, 108 Stat.
    4309.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-416 designated existing provisions as subsec.
    (a), struck out "this requirement shall not apply to any person
    physically unable to comply therewith, if otherwise qualified to be
    naturalized, or to any person who, on the date of the filing of his
    application for naturalization as provided in section 1445 of this
    title, either (A) is over 50 years of age and has been living in
    the United States for periods totaling at least 20 years subsequent
    to a lawful admission for permanent residence, or (B) is over 55
    years of age and has been living in the United States for periods
    totaling at least 15 years subsequent to a lawful admission for
    permanent residence: Provided further, That", after "Provided,
    That", substituted "this paragraph" for "this section" after
    "requirements of", and added subsec. (b).
      1991 - Pub. L. 102-232 substituted "application" for "petition"
    in introductory provisions and par. (1).
      1990 - Par. (1). Pub. L. 101-649 substituted "either (A) is over
    50 years of age and has been living in the United States for
    periods totaling at least 20 years subsequent to a lawful admission
    for permanent residence, or (B) is over 55 years of age and has
    been living in the United States for periods totaling at least 15
    years subsequent to a lawful admission for permanent residence" for
    "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".
      1978 - Par. (1). Pub. L. 95-579 substituted "person who, on the
    date of the filing of his petition for naturalization as provided
    in section 1445 of this title, 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" for "person who, on the effective date of this chapter,
    is over fifty years of age and has been living in the United States
    for periods totaling at least twenty years".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 108(c) of Pub. L. 103-416 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Oct. 25, 1994] and shall
    apply to applications for naturalization filed on or after such
    date and to such applications pending on such date."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

                                REGULATIONS                            
      Section 108(d) of Pub. L. 103-416 provided that: "Not later than
    120 days after the date of enactment of this Act [Oct. 25, 1994],
    the Attorney General shall promulgate regulations to carry out
    section 312(b)(3) of the Immigration and Nationality Act [8 U.S.C.
    1423(b)(3)] (as amended by subsection (a))."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                      HMONG VETERANS' NATURALIZATION                  
      Pub. L. 106-207, May 26, 2000, 114 Stat. 316, as amended by Pub.
    L. 106-415, Nov. 1, 2000, 114 Stat. 1810; Pub. L. 107-77, title I,
    Sec. 112, Nov. 28, 2001, 115 Stat. 765, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Hmong Veterans' Naturalization Act
    of 2000'.

      "SEC. 2. EXEMPTION FROM ENGLISH LANGUAGE REQUIREMENT FOR CERTAIN
        ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR IRREGULAR
        FORCES IN LAOS.
      "The requirement of paragraph (1) of section 312(a) of the
    Immigration and Nationality Act (8 U.S.C. 1423(a)(1)) shall not
    apply to the naturalization of any person - 
        "(1) who - 
          "(A) was admitted into the United States as a refugee from
        Laos pursuant to section 207 of the Immigration and Nationality
        Act (8 U.S.C. 1157); and
          "(B) served with a special guerrilla unit, or irregular
        forces, operating from a base in Laos in support of the United
        States military at any time during the period beginning
        February 28, 1961, and ending September 18, 1978;
        "(2) who - 
          "(A) satisfies the requirement of paragraph (1)(A); and
          "(B) was the spouse of a person described in paragraph (1) on
        the day on which such described person applied for admission
        into the United States as a refugee; or
        "(3) who - 
          "(A) satisfies the requirement of paragraph (1)(A); and
          "(B) is the surviving spouse of a person described in
        paragraph (1)(B) which described person was killed or died in
        Laos, Thailand, or Vietnam.

      "SEC. 3. SPECIAL CONSIDERATION CONCERNING CIVICS REQUIREMENT FOR
        CERTAIN ALIENS WHO SERVED WITH SPECIAL GUERRILLA UNITS OR
        IRREGULAR FORCES IN LAOS.
      "The Attorney General shall provide for special consideration, as
    determined by the Attorney General, concerning the requirement of
    paragraph (2) of section 312(a) of the Immigration and Nationality
    Act (8 U.S.C. 1423(a)(2)) with respect to the naturalization of any
    person described in paragraph (1), (2), or (3) of section 2 of this
    Act.

      "SEC. 4. DOCUMENTATION OF QUALIFYING SERVICE.
      "A person seeking an exemption under section 2 or special
    consideration under section 3 shall submit to the Attorney General
    documentation of their, or their spouse's, service with a special
    guerrilla unit, or irregular forces, described in section 2(1)(B),
    in the form of - 
        "(1) original documents;
        "(2) an affidavit of the serving person's superior officer;
        "(3) two affidavits from other individuals who also were
      serving with such a special guerrilla unit, or irregular forces,
      and who personally knew of the person's service; or
        "(4) other appropriate proof.

      "SEC. 5. DETERMINATION OF ELIGIBILITY FOR EXEMPTION AND SPECIAL
        CONSIDERATION.
      "(a) In determining a person's eligibility for an exemption under
    section 2 or special consideration under section 3, the Attorney
    General - 
        "(1) shall review the refugee processing documentation for the
      person, or, in an appropriate case, for the person and the
      person's spouse, to verify that the requirements of section 2
      relating to refugee applications and admissions have been
      satisfied;
        "(2) shall consider the documentation submitted by the person
      under section 4;
        "(3) may request an advisory opinion from the Secretary of
      Defense regarding the person's, or their spouse's, service in a
      special guerrilla unit, or irregular forces, described in section
      2(1)(B); and
        "(4) may consider any documentation provided by organizations
      maintaining records with respect to Hmong veterans or their
      families.
      "(b) The Secretary of Defense shall provide any opinion requested
    under paragraph (3) to the extent practicable, and the Attorney
    General shall take into account any opinion that the Secretary of
    Defense is able to provide.

      "SEC. 6. DEADLINE FOR APPLICATION AND PAYMENT OF FEES.
      "This Act shall apply to a person only if the person's
    application for naturalization is filed, as provided in section 334
    of the Immigration and Nationality Act (8 U.S.C. 1445), with
    appropriate fees not later than 36 months after the date of the
    enactment of this Act [May 26, 2000]. In the case of a person
    described in section 2(3), the application referred to in the
    preceding sentence, and appropriate fees, shall be filed not later
    than 36 months after the date of the enactment of this sentence
    [Nov. 1, 2000].

      "SEC. 7. LIMITATION ON NUMBER OF BENEFICIARIES.
      "Notwithstanding any other provision of this Act, the total
    number of aliens who may be granted an exemption under section 2 or
    special consideration under section 3, or both, may not exceed
    45,000."

-End-

-CITE-
    8 USC Sec. 1424                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1424. Prohibition upon the naturalization of persons opposed
      to government or law, or who favor totalitarian forms of
      government

-STATUTE-
      (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 chapter shall not be construed as declaring that any of the
    organizations referred to in this section or in any other section
    of this chapter 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.
      (e) A person may be naturalized under this subchapter without
    regard to the prohibitions in subsections (a)(2) and (c) of this
    section if the person - 
        (1) is otherwise eligible for naturalization;
        (2) is within the class described in subsection (a)(2) of this
      section solely because of past membership in, or past affiliation
      with, a party or organization described in that subsection;
        (3) does not fall within any other of the classes described in
      that subsection; and
        (4) is determined by the Director of Central Intelligence, in
      consultation with the Secretary of Defense when Department of
      Defense activities are relevant to the determination, and with
      the concurrence of the Attorney General and the Secretary of
      Homeland Security, to have made a contribution to the national
      security or to the national intelligence mission of the United
      States.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 313, 66 Stat. 240;
    Pub. L. 100-525, Sec. 9(u), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    101-649, title IV, Sec. 407(c)(1), Nov. 29, 1990, 104 Stat. 5041;
    Pub. L. 102-232, title III, Sec. 309(b)(13), Dec. 12, 1991, 105
    Stat. 1759; Pub. L. 103-416, title II, Sec. 219(v), Oct. 25, 1994,
    108 Stat. 4318; Pub. L. 106-120, title III, Sec. 306, Dec. 3, 1999,
    113 Stat. 1612; Pub. L. 108-177, title III, Sec. 373, Dec. 13,
    2003, 117 Stat. 2628.)

-REFTEXT-
                            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, 66 Stat.
    280, which is set out as a Savings Clause note under section 1101
    of this title.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (e)(4). Pub. L. 108-177 inserted "when Department
    of Defense activities are relevant to the determination" after
    "Secretary of Defense" and "and the Secretary of Homeland Security"
    after "Attorney General".
      1999 - Subsec. (e). Pub. L. 106-120 added subsec. (e).
      1994 - Subsec. (a)(2). Pub. L. 103-416 substituted "or" for "and"
    before "(F)".
      1991 - Subsec. (a)(2). Pub. L. 102-232 inserted "and" before
    "(F)" and struck out "; (G) who, regardless of whether he is within
    any of the other provisions of this section, is a member of or
    affiliated with any Communist-action organization during the time
    it is registered or required to be registered under the provisions
    of section 786 of title 50; or (H) who, regardless of whether he is
    within any of the other provisions of this section, is a member of
    or affiliated with any Communist-front organization during the time
    it is registered or required to be registered under section 786 of
    title 50" after "may hereafter adopt".
      1990 - Subsec. (c). Pub. L. 101-649 substituted "application" for
    "petition" wherever appearing.
      1988 - Subsec. (a)(2)(D). Pub. L. 100-525 substituted "party of"
    for "party or".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 219(v) of Pub. L. 103-416 provided that the amendment
    made by that section is effective Dec. 12, 1991.

                              EFFECTIVE DATE                          
      Section effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1425                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1425. Ineligibility to naturalization of deserters from the
      Armed Forces

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 314, 66 Stat. 241.)

-End-

-CITE-
    8 USC Sec. 1426                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1426. Citizenship denied alien relieved of service in Armed
      Forces because of alienage

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 315, 66 Stat. 242;
    Pub. L. 100-525, Sec. 9(v), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    101-649, title IV, Sec. 404, Nov. 29, 1990, 104 Stat. 5039.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 405(b), referred to in subsec. (a), is section 405(b) of
    act June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set
    out as a Savings Clause note under section 1101 of this title.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 404(1), inserted "but
    subject to subsection (c) of this section" after "section 405(b)".
      Subsec. (c). Pub. L. 101-649, Sec. 404(2), added subsec. (c).
      1988 - Subsec. (b). Pub. L. 100-525 substituted "Department of
    Defense" for "National Military Establishment".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 applicable to exemptions from
    training or service obtained before, on, or after Nov. 29, 1990,
    see section 408(e) of Pub. L. 101-649, set out as a note under
    section 1421 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1427                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1427. Requirements of naturalization

-STATUTE-
    (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 periods 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 section 1447(a) of this title, shall break the
    continuity of such residence, unless the applicant shall establish
    to the satisfaction of the Attorney General that he did not in fact
    abandon his residence in the United States during such period.
      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 section 1424 of this title, and no residence within
    a particular State or district of the Service in the United States
    shall be required: Provided, That the applicant has continuously
    resided in the United States for at least one year prior to
    naturalization: Provided further, That the provisions of this
    subsection shall not apply to any alien described in clauses (i)
    through (v) of section 1158(b)(2)(A) of this title.
      (2) An applicant for naturalization under this subsection may be
    administered the oath of allegiance under section 1448(a) of this
    title by any district court of the United States, without regard to
    the residence of the applicant. Proceedings under this subsection
    shall be conducted in a manner consistent with the protection of
    intelligence sources, methods and activities.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 316, 66 Stat. 242;
    Pub. L. 97-116, Sec. 14, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 99-
    169, title VI, Sec. 601, Dec. 4, 1985, 99 Stat. 1007; Pub. L. 101-
    649, title IV, Secs. 402, 407(c)(2), (d)(1), (e)(1), Nov. 29,
    1990, 104 Stat. 5038, 5041, 5046; Pub. L. 104-208, div. C, title
    III, Sec. 308(g)(7)(F), Sept. 30, 1996, 110 Stat. 3009-624; Pub. L.
    109-149, title V, Sec. 518, Dec. 30, 2005, 119 Stat. 2882.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (g). Pub. L. 109-149, Sec. 518, temporarily added
    subsec. (g) reading as follows:
      "(1) The continuous residency requirement under subsection (a) of
    this section may be reduced to 3 years for an applicant for
    naturalization if - 
        "(A) the applicant is the beneficiary of an approved petition
      for classification under section 1154(a)(1)(E) of this title;
        "(B) the applicant has been approved for adjustment of status
      under section 1255(a) of this title; and
        "(C) such reduction is necessary for the applicant to represent
      the United States at an international event.
      "(2) The Secretary of Homeland Security shall adjudicate an
    application for naturalization under this section not later than 30
    days after the submission of such application if the applicant - 
        "(A) requests such expedited adjudication in order to represent
      the United States at an international event; and
        "(B) demonstrates that such expedited adjudication is related
      to such representation.
      "(3) An applicant is ineligible for expedited adjudication under
    paragraph (2) if the Secretary of Homeland Security determines that
    such expedited adjudication poses a risk to national security. Such
    a determination by the Secretary shall not be subject to review.
      "(4)(A) In addition to any other fee authorized by law, the
    Secretary of Homeland Security shall charge and collect a $1,000
    premium processing fee from each applicant described in this
    subsection to offset the additional costs incurred to expedite the
    processing of applications under this subsection.
      "(B) The fee collected under subparagraph (A) shall be deposited
    as offsetting collections in the Immigration Examinations Fee
    Account." See Termination Date of 2005 Amendment note below.
      1996 - Subsec. (f)(1). Pub. L. 104-208 substituted "clauses (i)
    through (v) of section 1158(b)(2)(A) of this title" for
    "subparagraphs (A) through (D) of section 1253(h)(2) of this
    title".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(2), substituted
    references to applicant and application for references to
    petitioner and petition wherever appearing.
      Pub. L. 101-649, Sec. 402, substituted "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" for "and who has resided within the State in
    which the petitioner filed the petition for at least six months" in
    cl. (1).
      Subsec. (b). Pub. L. 101-649, Sec. 407(d)(1)(A), (B), substituted
    "the Attorney General" for "the court" in first par. and subpar.
    (2) of second par., and "date of any hearing under section 1447(a)
    of this title" for "date of final hearing" in first par.
      Pub. L. 101-649, Sec. 407(c)(2), substituted references to
    applicant and application for references to petitioner and petition
    wherever appearing.
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(2), substituted
    references to applicant and application for references to
    petitioner and petition wherever appearing.
      Subsec. (d). Pub. L. 101-649, Sec. 407(c)(2), substituted
    reference to applicant for reference to petitioner.
      Subsec. (e). Pub. L. 101-649, Sec. 407(d)(1)(C), substituted "the
    Attorney General" for "the court".
      Pub. L. 101-649, Sec. 407(c)(2), substituted references to
    applicant, applicant's, and application for references to
    petitioner, petitioner's, and petition wherever appearing.
      Subsec. (f). Pub. L. 101-649, Sec. 407(e)(1), redesignated
    subsec. (g) as (f) and struck out former subsec. (f) which read as
    follows: "Naturalization shall not be granted to a petitioner by a
    naturalization court while registration proceedings or proceedings
    to require registration against an organization of which the
    petitioner is a member or affiliate are pending under section 792
    or 793 of title 50."
      Subsec. (f)(1). Pub. L. 101-649, Sec. 407(d)(1)(D), substituted
    "within a particular State or district of the Service in the United
    States" for "within the jurisdiction of the court".
      Pub. L. 101-649, Sec. 407(c)(2), substituted references to
    applicant for references to petitioner wherever appearing.
      Subsec. (f)(2). Pub. L. 101-649, Sec. 407(d)(1)(E), amended first
    sentence generally. Prior to amendment, first sentence read as
    follows: "A petition for naturalization may be filed pursuant to
    this subsection in any district court of the United States, without
    regard to the residence of the petitioner."
      Subsec. (f)(3). Pub. L. 101-649, Sec. 407(c)(2), substituted
    reference to application for reference to petition.
      1985 - Subsec. (g). Pub. L. 99-169 added subsec. (g).
      1981 - Subsec. (b). Pub. L. 97-116 inserted provision that 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 also be entitled to such benefits during the period for
    which they were residing abroad as dependent members of the
    household of the person.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
                    TERMINATION DATE OF 2005 AMENDMENT                
      Pub. L. 109-149, title V, Sec. 518(b), Dec. 30, 2005, 119 Stat.
    2882, provided that: "The amendment made by subsection (a)
    [amending this section] is repealed on January 1, 2006."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC3-
                         EXPEDITED NATURALIZATION                     
      Pub. L. 104-293, title III, Sec. 305, Oct. 11, 1996, 110 Stat.
    3465, as amended by Pub. L. 106-120, title III, Sec. 307, Dec. 3,
    1999, 113 Stat. 1612, provided that:
      "(a) In General. - With the approval of the Director of Central
    Intelligence, the Attorney General, and the Commissioner of
    Immigration and Naturalization, an applicant described in
    subsection (b) and otherwise eligible for naturalization may be
    naturalized without regard to the residence and physical presence
    requirements of section 316(a) of the Immigration and Nationality
    Act [8 U.S.C. 1427(a)], or to the prohibitions of section 313 of
    such Act [8 U.S.C. 1424], and no residence within a particular
    State or district of the Immigration and Naturalization Service in
    the United States shall be required.
      "(b) Eligible Applicant. - An applicant eligible for
    naturalization under this section is the spouse or child of a
    deceased alien whose death resulted from the intentional and
    unauthorized disclosure of classified information regarding the
    alien's participation in the conduct of United States intelligence
    activities and who - 
        "(1) has resided continuously, after being lawfully admitted
      for permanent residence, within the United States for at least
      one year prior to naturalization; and
        "(2) is not described in clauses (i) through (iv) of section
      241(b)(3)(B) of such Act [8 U.S.C. 1231(b)(3)(B)].
      "(c) Administration of Oath. - An applicant for naturalization
    under this section may be administered the oath of allegiance under
    section 337(a) of the Immigration and Nationality Act [8 U.S.C.
    1448(a)] by the Attorney General or any district court of the
    United States, without regard to the residence of the applicant.
    Proceedings under this subsection shall be conducted in a manner
    consistent with the protection of intelligence sources, methods,
    and activities.
      "(d) Definitions. - For purposes of this section - 
        "(1) the term 'child' means a child as defined in subparagraphs
      (A) through (E) of section 101(b)(1) of the Immigration and
      Nationality Act [8 U.S.C. 1101(b)(1)], without regard to age or
      marital status; and
        "(2) the term 'spouse' means the wife or husband of a deceased
      alien referred to in subsection (b) who was married to such alien
      during the time the alien participated in the conduct of United
      States intelligence activities."

-End-

-CITE-
    8 USC Sec. 1428                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1428. Temporary absence of persons performing religious duties

-STATUTE-
      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 section 1427(a) of this title,
    notwithstanding any such absence from the United States, if he
    shall in all other respects comply with the requirements of the
    naturalization law. Such person shall prove to the satisfaction of
    the Attorney General that his absence from the United States has
    been solely for the purpose of performing the ministerial or
    priestly functions of such religious denomination, or of serving as
    a missionary, brother, nun, or sister.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 317, 66 Stat. 243;
    Pub. L. 101-649, title IV, Sec. 407(c)(3), (d)(2), Nov. 29, 1990,
    104 Stat. 5041.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649, Sec. 407(d)(2), struck out "and the
    naturalization court" after "Attorney General".
      Pub. L. 101-649, Sec. 407(c)(3), substituted "application" for
    "petition".

                              EFFECTIVE DATE                          
      Section effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1429                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1429. Prerequisite to naturalization; burden of proof

-STATUTE-
      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 sections 1439 and 1440 of
    this title no person shall be naturalized against whom there is
    outstanding a final finding of deportability pursuant to a warrant
    of arrest issued under the provisions of this chapter or any other
    Act; and no application for naturalization shall be considered by
    the Attorney General if there is pending against the applicant a
    removal proceeding pursuant to a warrant of arrest issued under the
    provisions of this chapter or any other Act: Provided, That the
    findings of the Attorney General in terminating removal proceedings
    or in canceling the removal of an alien pursuant to the provisions
    of this chapter, shall not be deemed binding in any way upon the
    Attorney General with respect to the question of whether such
    person has established his eligibility for naturalization as
    required by this subchapter.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 318, 66 Stat. 244;
    Pub. L. 90-633, Sec. 4, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 101-
    649, title IV, Sec. 407(c)(4), (d)(3), Nov. 29, 1990, 104 Stat.
    5041; Pub. L. 104-208, div. C, title III, Sec. 308(e)(1)(O), (15),
    Sept. 30, 1996, 110 Stat. 3009-620, 3009-621.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 405(b), referred to in text, is section 405(b) of act
    June 27, 1952, ch. 477, title IV, 66 Stat. 280, which is set out as
    a Savings Clause note under section 1101 of this title.

-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-208 substituted "removal" for "deportation"
    wherever appearing and "canceling" for "suspending".
      1990 - Pub. L. 101-649, Sec. 407(d)(3), in last sentence
    substituted "considered by the Attorney General" for "finally heard
    by a naturalization court" and "upon the Attorney General" for
    "upon the naturalization court".
      Pub. L. 101-649, Sec. 407(c)(4), substituted "application" for
    "petition" and "applicant" for "petitioner".
      1968 - Pub. L. 90-633 substituted reference to exception provided
    in sections 1439 and 1440 of this title for reference to exception
    provided in sections 1438 and 1439 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1430                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1430. Married persons and employees of certain nonprofit
      organizations

-STATUTE-
      (a) Any person whose spouse is a citizen of the United States, or
    any person who obtained status as a lawful permanent resident by
    reason of his or her status as a spouse or child of a United States
    citizen who battered him or her or subjected him or her to extreme
    cruelty, may be naturalized upon compliance with all the
    requirements of this subchapter except the provisions of paragraph
    (1) of section 1427(a) of this title if such person 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 three years, and
    during the three years immediately preceding the date of filing his
    application has been living in marital union with the citizen
    spouse (except in the case of a person who has been battered or
    subjected to extreme cruelty by a United States citizen spouse or
    parent), who has been a United States citizen during all of such
    period, and has been physically present in the United States for
    periods totaling at least half of that time and has resided within
    the State or the district of the Service in the United States in
    which the applicant filed his application for at least three
    months.
      (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, child, or parent of a
    United States citizen, whose citizen spouse, parent, or child dies
    during a period of honorable service in an active duty status in
    the Armed Forces of the United States and who, in the case of a
    surviving spouse, 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. For purposes of this subsection, the terms
    "United States citizen" and "citizen spouse" include a person
    granted posthumous citizenship under section 1440-1 of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 319, 66 Stat. 244;
    Pub. L. 85-697, Sec. 2, Aug. 20, 1958, 72 Stat. 687; Pub. L. 90-
    215, Sec. 1(a), Dec. 18, 1967, 81 Stat. 661; Pub. L. 90-369, June
    29, 1968, 82 Stat. 279; Pub. L. 101-649, title IV, Sec. 407(b)(1),
    (c)(5), (d)(4), Nov. 29, 1990, 104 Stat. 5040, 5041; Pub. L. 106-
    386, div. B, title V, Sec. 1503(e), Oct. 28, 2000, 114 Stat. 1522;
    Pub. L. 108-136, div. A, title XVII, Sec. 1703(f)(1), (h), Nov. 24,
    2003, 117 Stat. 1695, 1696.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (d). Pub. L. 108-136, Sec. 1703(h), inserted ",
    child, or parent" after "surviving spouse" and ", parent, or child"
    after "whose citizen spouse", and substituted "who, in the case of
    a surviving spouse, was living" for "who was living".
      Pub. L. 108-136, Sec. 1703(f)(1), inserted at end "For purposes
    of this subsection, the terms 'United States citizen' and 'citizen
    spouse' include a person granted posthumous citizenship under
    section 1440-1 of this title."
      2000 - Subsec. (a). Pub. L. 106-386 inserted ", or any person who
    obtained status as a lawful permanent resident by reason of his or
    her status as a spouse or child of a United States citizen who
    battered him or her or subjected him or her to extreme cruelty,"
    after "citizen of the United States" and "(except in the case of a
    person who has been battered or subjected to extreme cruelty by a
    United States citizen spouse or parent)" after "has been living in
    marital union with the citizen spouse".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(5), substituted
    "application" for "petition" wherever appearing.
      Pub. L. 101-649, Sec. 407(b)(1)(A), substituted "has resided
    within the State or the district of the Service in the United
    States in which the applicant filed his application for at least
    three months" for "has resided within the State in which he filed
    his petition for at least six months."
      Subsec. (b). Pub. L. 101-649, Sec. 407(d)(4)(A), substituted
    "before the Attorney General" for "before the naturalization court"
    in cl. (3).
      Pub. L. 101-649, Sec. 407(b)(1)(B), substituted "within a State
    or a district of the Service in the United States" for "within the
    jurisdiction of the naturalization court".
      Subsec. (c). Pub. L. 101-649, Sec. 407(d)(4)(B), substituted
    "Attorney General" for "naturalization court" in cl. (5).
      Pub. L. 101-649, Sec. 407(c)(5), substituted "application" for
    "petition".
      Pub. L. 101-649, Sec. 407(b)(1)(C), substituted "district of the
    Service in the United States" for "within the jurisdiction of the
    court".
      Subsec. (d). Pub. L. 101-649, Sec. 407(b)(1)(B), substituted
    "within a State or a district of the Service in the United States"
    for "within the jurisdiction of the naturalization court".
      1968 - Subsec. (d). Pub. L. 90-369 added subsec. (d).
      1967 - Subsec. (c). Pub. L. 90-215 added subsec. (c).
      1958 - Subsec. (b). Pub. L. 85-697 inserted provision relating to
    persons performing religious duties.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-136, div. A, title XVII, Sec. 1703(f)(2), Nov. 24,
    2003, 117 Stat. 1695, provided that: "The amendment made by
    paragraph (1) [amending this section] shall apply with respect to
    persons granted posthumous citizenship under section 329A of the
    Immigration and Nationality Act (8 U.S.C. 1440-1) due to death on
    or after September 11, 2001."
      Amendment by Pub. L. 108-136 effective as if enacted Sept. 11,
    2001, see section 1705(a) of Pub. L. 108-136, set out as a note
    under section 1439 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
       REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF GEORGE C. MARSHALL
                   EUROPEAN CENTER FOR SECURITY STUDIES
      Pub. L. 101-193, title V, Sec. 506, Nov. 30, 1989, 103 Stat.
    1709, as amended by Pub. L. 104-208, div. C, title VI, Sec.
    671(g)(1), Sept. 30, 1996, 110 Stat. 3009-724; Pub. L. 105-85, div.
    A, title IX, Sec. 923, Nov. 18, 1997, 111 Stat. 1863, provided
    that:
      "(a) For purposes of section 319(c) of the Immigration and
    Nationality Act (8 U.S.C. 1430(c)), the George C. Marshall European
    Center for Security Studies, located in Garmisch, Federal Republic
    of Germany, shall be considered to be an organization described in
    clause (1) of such section.
      "(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."

-End-

-CITE-
    8 USC Sec. 1431                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1431. Children born outside the United States and residing
      permanently in the United States; conditions under which
      citizenship automatically acquired

-STATUTE-
      (a) A child born outside of the United States automatically
    becomes a citizen of the United States when all of the following
    conditions have been fulfilled:
        (1) At least one parent of the child is a citizen of the United
      States, whether by birth or naturalization.
        (2) The child is under the age of eighteen years.
        (3) The child is residing in the United States in the legal and
      physical custody of the citizen parent pursuant to a lawful
      admission for permanent residence.

      (b) Subsection (a) of this section shall apply to a child adopted
    by a United States citizen parent if the child satisfies the
    requirements applicable to adopted children under section
    1101(b)(1) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 320, 66 Stat. 245;
    Pub. L. 95-417, Sec. 4, Oct. 5, 1978, 92 Stat. 917; Pub. L. 97-116,
    Sec. 18(m), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 99-653, Sec. 14,
    Nov. 14, 1986, 100 Stat. 3657; Pub. L. 100-525, Secs. 8(l), 9(w),
    Oct. 24, 1988, 102 Stat. 2618, 2621; Pub. L. 106-395, title I, Sec.
    101(a), Oct. 30, 2000, 114 Stat. 1631.)

-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-395 amended section catchline and text
    generally. Prior to amendment, text read as follows:
      "(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."
      1988 - Subsec. (a)(1). Pub. L. 100-525, Sec. 8(l), repealed Pub.
    L. 99-653, Sec. 14. See 1986 Amendment note below.
      Subsec. (b). Pub. L. 100-525, Sec. 9(w), substituted "Subsection
    (a)" for "Subsection (a)(1)".
      1986 - Subsec. (a)(1). Pub. L. 99-653, Sec. 14, which inserted
    "unmarried and" after "such child is", was repealed by Pub. L. 100-
    525, Sec. 8(l).
      1981 - Subsec. (b). Pub. L. 97-116 substituted "an adopted child
    only if the child" for "a child adopted while under the age of
    sixteen years who".
      1978 - Subsec. (a). Pub. L. 95-417 substituted in pars. (1) and
    (2) "eighteen years" for "sixteen years".
      Subsec. (b). Pub. L. 95-417 substituted provisions making subsec.
    (a)(1) of this section applicable to adopted children for
    provisions making subsec. (a) of this section inapplicable to
    adopted children.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-395, title I, Sec. 104, Oct. 30, 2000, 114 Stat.
    1633, provided that: "The amendments made by this title [amending
    this section and section 1433 of this title and repealing section
    1432 of this title] shall take effect 120 days after the date of
    the enactment of this Act [Oct. 30, 2000] and shall apply to
    individuals who satisfy the requirements of section 320 or 322 of
    the Immigration and Nationality Act [8 U.S.C. 1431, 1433], as in
    effect on such effective date."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 8(l) of Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-End-

-CITE-
    8 USC Sec. 1432                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1432. Repealed.

-MISC1-
    Sec. 1432. Repealed. Pub. L. 106-395, title I, Sec. 103(a), Oct.
      30, 2000, 114 Stat. 1632.
      Section, acts June 27, 1952, ch. 477, title III, ch. 2, Sec. 321,
    66 Stat. 245; Pub. L. 95-417, Sec. 5, Oct. 5, 1978, 92 Stat. 918;
    Pub. L. 97-116, Sec. 18(m), Dec. 29, 1981, 95 Stat. 1620; Pub. L.
    99-653, Sec. 15, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525,
    Sec. 8(l), Oct. 24, 1988, 102 Stat. 2618, related to conditions for
    automatic citizenship of children born outside the United States of
    alien parents.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 120 days after Oct. 30, 2000, see section 104 of
    Pub. L. 106-395, set out as an Effective Date of 2000 Amendment
    note under section 1431 of this title.

-End-

-CITE-
    8 USC Sec. 1433                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1433. Children born and residing outside the United States;
      conditions for acquiring certificate of citizenship

-STATUTE-
    (a) Application by citizen parents; requirements
      A parent who is a citizen of the United States (or, if the
    citizen parent has died during the preceding 5 years, a citizen
    grandparent or citizen legal guardian) may apply for naturalization
    on behalf of a child born outside of the United States who has not
    acquired citizenship automatically under section 1431 of this
    title. The Attorney General shall issue a certificate of
    citizenship to such applicant upon proof, to the satisfaction of
    the Attorney General, that the following conditions have been
    fulfilled:
        (1) At least one parent (or, at the time of his or her death,
      was) is a citizen of the United States, whether by birth or
      naturalization.
        (2) The United States citizen parent - 
          (A) has (or, at the time of his or her death, had) 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; or
          (B) has (or, at the time of his or her death, had) a citizen
        parent who 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.

        (3) The child is under the age of eighteen years.
        (4) The child is residing outside of the United States in the
      legal and physical custody of the applicant (or, if the citizen
      parent is deceased, an individual who does not object to the
      application).
        (5) The child is temporarily present in the United States
      pursuant to a lawful admission, and is maintaining such lawful
      status.
    (b) Attainment of citizenship status; receipt of certificate
      Upon approval of the application (which may be filed from abroad)
    and, except as provided in the last sentence of section 1448(a) of
    this title, upon taking and subscribing before an officer of the
    Service within the United States to the oath of allegiance required
    by this chapter of an applicant for naturalization, the child shall
    become a citizen of the United States and shall be furnished by the
    Attorney General with a certificate of citizenship.
    (c) Adopted children
      Subsections (a) and (b) of this section shall apply to a child
    adopted by a United States citizen parent if the child satisfies
    the requirements applicable to adopted children under section
    1101(b)(1) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 322, 66 Stat. 246;
    Pub. L. 95-417, Sec. 6, Oct. 5, 1978, 92 Stat. 918; Pub. L. 97-116,
    Sec. 18(m), (n), Dec. 29, 1981, 95 Stat. 1620, 1621; Pub. L. 99-
    653, Sec. 16, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525, Sec.
    8(l), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 101-649, title IV,
    Sec. 407(b)(2), (c)(6), (d)(5), Nov. 29, 1990, 104 Stat. 5040-5042;
    Pub. L. 102-232, title III, Sec. 305(m)(3), Dec. 12, 1991, 105
    Stat. 1750; Pub. L. 103-416, title I, Sec. 102(a), Oct. 25, 1994,
    108 Stat. 4306; Pub. L. 106-139, Sec. 1(b)(2), Dec. 7, 1999, 113
    Stat. 1697; Pub. L. 106-395, title I, Sec. 102(a), Oct. 30, 2000,
    114 Stat. 1632; Pub. L. 107-273, div. C, title I, Sec. 11030B, Nov.
    2, 2002, 116 Stat. 1837.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-273, Sec. 11030B(1), in
    introductory provisions, inserted "(or, if the citizen parent has
    died during the preceding 5 years, a citizen grandparent or citizen
    legal guardian)" after "citizen of the United States" and
    substituted "such applicant" for "such parent".
      Subsec. (a)(1). Pub. L. 107-273, Sec. 11030B(2), inserted "(or,
    at the time of his or her death, was)" after "parent".
      Subsec. (a)(2)(A). Pub. L. 107-273, Sec. 11030B(3)(A), inserted
    "(or, at the time of his or her death, had)" after "(A) has".
      Subsec. (a)(2)(B). Pub. L. 107-273, Sec. 11030B(3)(B), inserted
    "(or, at the time of his or her death, had)" after "(B) has".
      Subsec. (a)(4). Pub. L. 107-273, Sec. 11030B(4), amended par. (4)
    generally. Prior to amendment, par. (4) read as follows: "The child
    is residing outside of the United States in the legal and physical
    custody of the citizen parent, is temporarily present in the United
    States pursuant to a lawful admission, and is maintaining such
    lawful status."
      Subsec. (a)(5). Pub. L. 107-273, Sec. 11030B(5), added par. (5).
      2000 - Pub. L. 106-395 amended section catchline and text
    generally, revising and restating provisions relating to
    acquisition of certificate of citizenship for certain children born
    outside the United States.
      1999 - Subsec. (a)(4). Pub. L. 106-139 substituted "16 years
    (except to the extent that the child is described in clause (ii) of
    subparagraph (E) or (F) of section 1101(b)(1) of this title)" for
    "16 years" and "either of such subparagraphs" for "subparagraph (E)
    or (F) of section 1101(b)(1) of this title".
      1994 - Pub. L. 103-416 amended section generally, substituting
    present provisions for former provisions which related to: in
    subsec. (a) naturalization on application of citizen parents; in
    subsec. (b) adopted children; and subsec. (c) specified period of
    residence for adopted children.
      1991 - Pub. L. 102-232 amended section catchline.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(6), substituted
    "applying" for "petitioning" and "application" for "petition".
      Subsec. (c). Pub. L. 101-649, Sec. 407(d)(5), substituted
    "Attorney General" for first reference to "naturalization court" in
    cl. (2)(C).
      Pub. L. 101-649, Sec. 407(c)(6), substituted "applies" for
    "petitions".
      Pub. L. 101-649, Sec. 407(b)(2), substituted "within a State or a
    district of the Service in the United States" for "within the
    jurisdiction of the naturalization court".
      1988 - Subsec. (a). Pub. L. 100-525 repealed Pub. L. 99-653, Sec.
    16. See 1986 Amendment note below.
      1986 - Subsec. (a). Pub. L. 99-653, Sec. 16, which inserted
    "unmarried and" after "be naturalized if", was repealed by Pub. L.
    100-525.
      1981 - Subsec. (b). Pub. L. 97-116, Sec. 18(m), substituted "an
    adopted child only if the child" for "a child adopted while under
    the age of sixteen years who".
      Subsec. (c). Pub. L. 97-116, Sec. 18(n), added subsec. (c).
      1978 - Subsec. (b). Pub. L. 95-417 substituted provisions making
    subsec. (a) of this section applicable to adopted children for
    provisions making subsec. (a) of this section inapplicable to
    adopted children.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-395 effective 120 days after Oct. 30,
    2000, and applicable to individuals who satisfy the requirements of
    this section or section 1431 of this title as in effect on such
    effective date, see section 104 of Pub. L. 106-395, set out as a
    note under section 1431 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 102(d) of Pub. L. 103-416 provided that: "The amendments
    made by this section [amending this section and section 1452 of
    this title] shall take effect on the first day of the first month
    beginning more than 120 days after the date of the enactment of
    this Act [Oct. 25, 1994]."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                       APPLICATION OF 1994 AMENDMENT                   
      Section 102(e) of Pub. L. 103-416, as added by Pub. L. 104-208,
    div. C, title VI, Sec. 671(b)(2), Sept. 30, 1996, 110 Stat. 3009-
    721, which provided that in applying amendment made by subsection
    (a), amending this section, to children born before Nov. 14, 1986,
    any reference in matter inserted by such amendment to "five years,
    at least two of which" was deemed a reference to "10 years, at
    least 5 of which", was repealed by Pub. L. 105-38, Sec. 1, Aug. 8,
    1997, 111 Stat. 1115, effective as if included in the enactment of
    Pub. L. 103-416.

-End-

-CITE-
    8 USC Sec. 1434                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1434. Repealed.

-MISC1-
    Sec. 1434. Repealed. Pub. L. 95-417, Sec. 7, Oct. 5, 1978, 92 Stat.
      918.
      Section, acts June 27, 1952, ch. 477, title III, ch. 2, Sec. 323,
    66 Stat. 246; Sept. 11, 1957, Pub. L. 85-316, Sec. 11, 71 Stat.
    642; Aug. 20, 1958, Pub. L. 85-697, Sec. 1, 72 Stat. 687, related
    to citizenship of children adopted by citizens.

-End-

-CITE-
    8 USC Sec. 1435                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1435. Former citizens regaining citizenship

-STATUTE-
    (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 section 1448 of this title, be a citizen of
    the United States and have the status of a citizen of the United
    States by birth, without filing an application for naturalization,
    and notwithstanding any of the other provisions of this subchapter
    except the provisions of section 1424 of this title: 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(b) of the Nationality
    Act of 1940, during any period in which such person was not a
    citizen.
      (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 section 1421(b) of this title.
      (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 section 1401(b) of this title (as in
    effect before October 10, 1978), shall, from and after taking the
    oath of allegiance required by section 1448 of this title be a
    citizen of the United States and have the status of a citizen of
    the United States by birth, without filing an application for
    naturalization, and notwithstanding any of the other provisions of
    this subchapter except the provisions of section 1424 of this
    title. Nothing in this subsection or any other provision of law
    shall be construed as conferring United States citizenship
    retroactively upon such person during any period in which such
    person was not a citizen.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 324, 66 Stat. 246;
    Pub. L. 100-525, Sec. 9(x), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    101-649, title IV, Sec. 407(b)(3), (c)(7), (d)(6), Nov. 29, 1990,
    104 Stat. 5040-5042; Pub. L. 103-416, title I, Sec. 103(a), Oct.
    25, 1994, 108 Stat. 4307.)

-REFTEXT-
                            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.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d). Pub. L. 103-416 added subsec. (d).
      1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 407(b)(3), (c)(7),
    (d)(6)(A)(i), substituted "State or district of the Service in the
    United States" for "State" and "application" for "petition" and
    inserted "and" at end.
      Subsec. (a)(2). Pub. L. 101-649, Sec. 407(c)(7), (d)(6)(A)(ii),
    substituted references to applicant and application for references
    to petitioner and petition, and substituted period for semicolon at
    end.
      Subsec. (a)(3), (4). Pub. L. 101-649, Sec. 407(d)(6)(A)(iii),
    struck out pars. (3) and (4) which related to filing of petition
    and hearing on petition.
      Subsec. (b). Pub. L. 101-649, Sec. 407(c)(7), (d)(6)(B),
    substituted references to application for references to petition
    wherever appearing, and "Attorney General" for "naturalization
    court".
      Subsec. (c)(1). Pub. L. 101-649, Sec. 407(c)(7), substituted "an
    application" for "a petition".
      Subsec. (c)(2). Pub. L. 101-649, Sec. 407(d)(6)(C)(i),
    substituted "the Attorney General or the judge or clerk of a court
    described in section 1421(b) of this title" for "the judge or clerk
    of a naturalization court".
      Subsec. (c)(3). Pub. L. 101-649, Sec. 407(d)(6)(C)(ii),
    substituted "court, or the Attorney General" for "or naturalization
    court" in two places.
      1988 - Subsec. (a)(4). Pub. L. 100-525 substituted "has" for "and
    the witnesses have".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 103(b) of Pub. L. 103-416 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the first day of the first month beginning more than 120 days after
    the date of the enactment of this Act [Oct. 25, 1994]."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     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 [section 1421(a) of this
    title], or before any diplomatic or consular officer of the United
    States abroad, the oath required by section 337 of the Immigration
    and Nationality Act [section 1448 of this title]. Certified copies
    of such oath shall be sent by such diplomatic or consular officer
    or such court to the Department of State and to the Department of
    Justice. Such person shall have, from and after naturalization
    under this section, the same citizenship status as that which
    existed immediately prior to its loss: Provided, That no such
    person shall be eligible to take the oath required by section 337
    of the Immigration and Nationality Act [section 1448 of this title]
    unless he shall first take an oath before any naturalization court
    specified in subsection (a) of section 310 of the Immigration and
    Nationality Act [section 1421(a) of this title], or before any
    diplomatic or consular officer of the United States abroad, that he
    has done nothing to promote the cause of communism. The illegal or
    fraudulent procurement of naturalization under this amendment shall
    be subject to cancellation in the same manner as provided in
    section 340 of the Immigration and Nationality Act [section 1451 of
    this title]."

    JAPANESE ELECTIONS; NATURALIZATION OF FORMER CITIZENS WHO VOTED IN
                         CERTAIN FORMER ELECTIONS
      Act July 20, 1954, ch. 553, 68 Stat. 495, provided: "That a
    person who has lost United States citizenship solely by reason of
    having voted in any political election or plebiscite held in Japan
    between September 2, 1945, and April 27, 1952, inclusive, and who
    has not, subsequent to such voting, committed any act which, had he
    remained a citizen, would have operated to expatriate him, and is
    not otherwise disqualified from becoming a citizen by reason of
    sections 313 or 314, or the third sentence of section 318 of the
    Immigration and Nationality Act [sections 1424, 1425, 1429 of this
    title], may be naturalized by taking, prior to two years after the
    date of the enactment of this Act [July 20, 1954], before any
    naturalization court specified in subsection (a) of section 310 of
    the Immigration and Nationality Act [section 1421(a) of this title]
    or before any diplomatic or consular officer of the United States
    abroad, the applicable oath prescribed by section 337 of such Act
    [section 1448 of this title]. Certified copies of such oath shall
    be sent by such court or such diplomatic or consular officer to the
    Department of State and to the Department of Justice. Such oath of
    allegiance shall be entered in the records of the appropriate
    naturalization court, embassy, legation, or consulate, and upon
    demand, a certified copy of the proceedings, including a copy of
    the oath administered, under the seal of the naturalization court,
    embassy, legation or consulate, shall be delivered to such person
    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. Any such person shall have, from and after
    naturalization under this Act, the same citizenship status as that
    which existed immediately prior to its loss: Provided, That no such
    person shall be eligible to take the oath prescribed by section 337
    of the Immigration and Nationality Act [section 1448 of this title]
    unless he shall first take an oath before any naturalization court
    specified in subsection (a) of section 310 of the Immigration and
    Nationality Act [section 1421(a) of this title], or before any
    diplomatic or consular officer of the United States abroad, that he
    has done nothing to promote the cause of communism. Naturalization
    procured under this Act shall be subject to revocation as provided
    in section 340 of the Immigration and Nationality Act [section 1451
    of this title], and subsection (f) of that section [section 1451(f)
    of this title] shall apply to any person claiming United States
    citizenship through the naturalization of an individual under this
    Act."

-End-

-CITE-
    8 USC Sec. 1436                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1436. Nationals but not citizens; residence within outlying
      possessions

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 325, 66 Stat. 248;
    Pub. L. 101-649, title IV, Sec. 407(c)(8), Nov. 29, 1990, 104 Stat.
    5041.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "applications" for
    "petitions".

-End-

-CITE-
    8 USC Sec. 1437                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1437. Resident Philippine citizens excepted from certain
      requirements

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 326, 66 Stat. 248;
    Pub. L. 101-649, title IV, Sec. 407(c)(9), Nov. 29, 1990, 104 Stat.
    5041.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-649 substituted "applying" for "petitioning".

-End-

-CITE-
    8 USC Sec. 1438                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1438. Former citizens losing citizenship by entering armed
      forces of foreign countries during World War II

-STATUTE-
    (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 section
    1427(a) of this title, and except as otherwise provided in
    subsection (b) of this section, be naturalized by taking before the
    Attorney General or before a court described in section 1421(b) of
    this title the oath required by section 1448 of this title.
    Certified copies of such oath shall be sent by such court to the
    Department of State and to the Department of Justice and by the
    Attorney General to the Secretary of State.
    (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

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 327, 66 Stat. 248;
    Pub. L. 101-649, title IV, Sec. 407(d)(7), Nov. 29, 1990, 104 Stat.
    5042.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 323 of the Nationality Act of 1940, referred to in
    subsec. (c), which was classified to section 723 of this title, was
    repealed by section 403(a)(42) of act June 27, 1952. See subsec.
    (a) of this section.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-649 substituted "the Attorney
    General or before a court described in section 1421(b) of this
    title" for "any naturalization court specified in section 1421(a)
    of this title" and inserted "and by the Attorney General to the
    Secretary of State" before period at end.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1439                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1439. Naturalization through service in the armed forces

-STATUTE-
    (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 one year,
    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 section 1429 of this title insofar as it
      relates to deportability, such applicant may be naturalized
      immediately if the applicant be then actually in the Armed Forces
      of the United States, and if prior to the filing of the
      application, the applicant shall have appeared before and been
      examined by a representative of the Service;
        (3) the applicant shall furnish to the Secretary of Homeland
      Security, 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);
      and
        (4) notwithstanding any other provision of law, no fee shall be
      charged or collected from the applicant for filing the
      application, or for the issuance of a certificate of
      naturalization upon being granted citizenship, and no clerk of
      any State court shall charge or collect any fee for such services
      unless the laws of the State require such charge to be made, in
      which case nothing more than the portion of the fee required to
      be paid to the State shall be charged or collected.
    (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 section
    1427(a) of this title, if the termination of such service has been
    more than six months preceding the date of filing the application
    for naturalization, except that such service within five years
    immediately preceding the date of filing such application shall be
    considered as residence and physical presence within the United
    States.
    (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 section
    1427(a) of this title.
    (f) Revocation
      Citizenship granted pursuant to this section may be revoked in
    accordance with section 1451 of this title if the person is
    separated from the Armed Forces under other than honorable
    conditions before the person has served honorably for a period or
    periods aggregating five years. Such ground for revocation shall be
    in addition to any other provided by law, including the grounds
    described in section 1451 of this title. The fact that the
    naturalized person was separated from the service under other than
    honorable conditions shall be proved by a duly authenticated
    certification from the executive department under which the person
    was serving at the time of separation. Any period or periods of
    service shall be proved by duly authenticated copies of the records
    of the executive departments having custody of the records of such
    service.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 328, 66 Stat. 249;
    Pub. L. 90-633, Sec. 5, Oct. 24, 1968, 82 Stat. 1344; Pub. L. 97-
    116, Sec. 15(e), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 101-649,
    title IV, Sec. 407(b)(4), (c)(10), (d)(8), Nov. 29, 1990, 104 Stat.
    5040-5042; Pub. L. 102-232, title III, Sec. 305(c), Dec. 12, 1991,
    105 Stat. 1750; Pub. L. 108-136, div. A, title XVII, Sec. 1701(a),
    (b)(1), (c)(1)(A), (f), Nov. 24, 2003, 117 Stat. 1691, 1692.)

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 1701(a), substituted
    "one year," for "three years,".
      Subsec. (b)(3). Pub. L. 108-136, Sec. 1701(f), substituted
    "Secretary of Homeland Security" for "Attorney General".
      Pub. L. 108-136, Sec. 1701(b)(1)(A), substituted "honorable (the"
    for "honorable. The" and "discharge); and" for "discharge."
      Subsec. (b)(4). Pub. L. 108-136, Sec. 1701(b)(1)(B), added par.
    (4).
      Subsec. (f). Pub. L. 108-136, Sec. 1701(c)(1)(A), added subsec.
    (f).
      1991 - Subsecs. (b), (c). Pub. L. 102-232 amended directory
    language of Pub. L. 101-649, Sec. 407(d)(8). See 1990 Amendment
    notes below.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(b)(4)(A), (c)(10),
    substituted "State or district of the Service in the United States"
    for "State", "for at least three months" for "for at least six
    months", and references to applicant and application for references
    to petitioner and petition wherever appearing.
      Subsec. (b). Pub. L. 101-649, Sec. 407(b)(4)(B), (c)(10), (d)(8),
    as amended by Pub. L. 102-232, substituted "within a State or
    district of the Service in the United States" for "within the
    jurisdiction of the court" in par. (1), "any hearing" for "the
    final hearing" in par. (3), and references to applicant and
    application for references to petitioner and petition wherever
    appearing.
      Subsec. (c). Pub. L. 101-649, Sec. 407(b)(4)(C), (c)(10), (d)(8),
    as amended by Pub. L. 102-232, substituted "State or district of
    the Service in the United States" for "State", "any hearing" for
    "the final hearing", and references to applicant's and application
    for references to petitioner's and petition wherever appearing.
      Subsec. (d). Pub. L. 101-649, Sec. 407(c)(10), substituted
    references to applicant and application for references to
    petitioner and petition wherever appearing.
      1981 - Subsec. (b)(2). Pub. L. 97-116 struck out "and section
    1447(c) of this title" after "relates to deportability" and "and
    the witnesses" after "petition, the petitioner".
      1968 - Subsec. (b)(2). Pub. L. 90-633 inserted reference to
    section 1429 of this title as it relates to deportability.

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Pub. L. 108-136, div. A, title XVII, Sec. 1701(c)(2), Nov. 24,
    2003, 117 Stat. 1692, provided that: "The amendments made by
    paragraph (1) [amending this section and section 1440 of this
    title] shall apply to citizenship granted on or after the date of
    the enactment of this Act [Nov. 24, 2003]."
      Pub. L. 108-136, div. A, title XVII, Sec. 1705, Nov. 24, 2003,
    117 Stat. 1696, provided that:
      "(a) In General. - Except as provided in subsection (b), this
    title [enacting section 1443a of this title, amending this section
    and sections 1430, 1440 and 1440-1 of this title, and enacting
    provisions set out as notes under this section and sections 1151,
    1430, and 1443a of this title] and the amendments made by this
    title shall take effect as if enacted on September 11, 2001.
      "(b) Exception. - The amendments made by sections 1701(b)
    (relating to naturalization fees) [amending this section and
    section 1440 of this title] and 1701(d) (relating to naturalization
    proceedings overseas) [enacting section 1443a of this title] shall
    take effect on October 1, 2004."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1440                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 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

-STATUTE-
    (a) Requirements
      Any person who, while an alien or a noncitizen national of the
    United States, has served honorably as a member of the Selected
    Reserve of the Ready Reserve or 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, reenlistment, extension
    of enlistment, or induction such person shall have been in the
    United States, the Canal Zone, American Samoa, or Swains Island, or
    on board a public vessel owned or operated by the United States for
    noncommercial service, 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 section 1429 of this title as
      they relate to deportability and the provisions of section 1442
      of this title;
        (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;
        (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; and
        (4) notwithstanding any other provision of law, no fee shall be
      charged or collected from the applicant for filing a petition for
      naturalization or for the issuance of a certificate of
      naturalization upon citizenship being granted to the applicant,
      and no clerk of any State court shall charge or collect any fee
      for such services unless the laws of the State require such
      charge to be made, in which case nothing more than the portion of
      the fee required to be paid to the State shall be charged or
      collected.
    (c) Revocation
      Citizenship granted pursuant to this section may be revoked in
    accordance with section 1451 of this title if the person is
    separated from the Armed Forces under other than honorable
    conditions before the person has served honorably for a period or
    periods aggregating five years. Such ground for revocation shall be
    in addition to any other provided by law, including the grounds
    described in section 1451 of this title. The fact that the
    naturalized person was separated from the service under other than
    honorable conditions shall be proved by a duly authenticated
    certification from the executive department under which the person
    was serving at the time of separation. Any period or periods of
    service shall be proved by duly authenticated copies of the records
    of the executive departments having custody of the records of such
    service.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 329, 66 Stat. 250;
    Pub. L. 87-301, Sec. 8, Sept. 26, 1961, 75 Stat. 654; Pub. L. 90-
    633, Secs. 1, 2, 6, Oct. 24, 1968, 82 Stat. 1343, 1344; Pub. L. 97-
    116, Sec. 15(a), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525,
    Sec. 9(y), Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, title
    IV, Sec. 407(b)(5), (c)(11), Nov. 29, 1990, 104 Stat. 5040, 5041;
    Pub. L. 102-232, title III, Sec. 305(b), Dec. 12, 1991, 105 Stat.
    1749; Pub. L. 105-85, div. A, title X, Sec. 1080(a), Nov. 18, 1997,
    111 Stat. 1916; Pub. L. 108-136, div. A, title XVII, Secs.
    1701(b)(2), (c)(1)(B), 1702, Nov. 24, 2003, 117 Stat. 1691-1693.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For definition of Canal Zone, referred to in subsec. (a), see
    section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 1702, inserted "as a
    member of the Selected Reserve of the Ready Reserve or" after "has
    served honorably" in first sentence.
      Subsec. (b). Pub. L. 108-136, Sec. 1701(b)(2), added par. (4).
      Subsec. (c). Pub. L. 108-136, Sec. 1701(c)(1)(B), amended text
    generally. Prior to amendment, text read as follows: "Citizenship
    granted pursuant to this section may be revoked in accordance with
    section 1451 of this title if at any time subsequent to
    naturalization the person is separated from the military, air, or
    naval forces under other than honorable conditions, and such ground
    for revocation shall be in addition to any other provided by law.
    The fact that the naturalized person was separated from the service
    under other than honorable conditions shall be proved by a duly
    authenticated certification from the executive department under
    which the person was serving at the time of separation."
      1997 - Subsec. (a)(1). Pub. L. 105-85 inserted ", reenlistment,
    extension of enlistment," after "at the time of enlistment" and "or
    on board a public vessel owned or operated by the United States for
    noncommercial service," after "Swains Island,".
      1991 - Subsecs. (a), (b). Pub. L. 102-232 made technical
    correction to directory language of Pub. L. 101-649, Sec.
    407(c)(11). See 1990 Amendment note below.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(11), as amended
    by Pub. L. 102-232, substituted "an application" for "a petition".
      Subsec. (b). Pub. L. 101-649, Sec. 407(c)(11), as amended by Pub.
    L. 102-232, substituted references to applicant and application for
    references to petitioner and petition wherever appearing.
      Subsec. (b)(2). Pub. L. 101-649, Sec. 407(b)(5)(A), substituted
    "State or district of the Service in the United States" for "State"
    and inserted "and" at end.
      Subsec. (b)(3), (4). Pub. L. 101-649, Sec. 407(b)(5)(B), (C),
    redesignated par. (4) as (3) and struck out former par. (3) which
    authorized filing of petition in any court having naturalization
    jurisdiction.
      1988 - Subsec. (d). Pub. L. 100-525 struck out subsec. (d) which
    read as follows: "The eligibility for naturalization of any person
    who filed a petition for naturalization prior to January 1, 1947,
    under section 701 of the Nationality Act of 1940, as amended (56
    Stat. 182, 58 Stat. 886, 59 Stat. 658), and which is still pending
    on the effective date of this chapter, shall be determined in
    accordance with the provisions of this section."
      1981 - Subsec. (b)(5). Pub. L. 97-116 struck out par. (5) which
    provided that, notwithstanding section 1447(c) of this title, the
    petitioner may be naturalized immediately if prior to the filing of
    the petition the petitioner and the witnesses have appeared before
    and been examined by a representative of the Service.
      1968 - Subsec. (a). Pub. L. 90-633, Sec. 1, added the Vietnam
    hostilities and any subsequent period of military operations
    involving armed conflict with a hostile foreign force as periods
    during which a person may be naturalized through service in active
    duty status.
      Subsec. (b)(1). Pub. L. 90-633, Sec. 6, inserted reference to
    provisions of section 1429 of this title as they relate to
    deportability.
      Subsec. (b)(4). Pub. L. 90-633, Sec. 2, inserted reference to the
    period of the Vietnam hostilities and to any other subsequent
    period which the President by Executive order designates as a
    period in which the Armed Forces of the United States were engaged
    in military operations involving armed conflict with a hostile
    foreign force.
      1961 - Subsecs. (a), (b)(4). Pub. L. 87-301 inserted "or during a
    period beginning June 25, 1950, and ending July 1, 1955".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by section 1701(c)(1)(B) of Pub. L. 108-136 applicable
    to citizenship granted on or after Nov. 24, 2003, see section
    1701(c)(2) of Pub. L. 108-136, set out as a note under section 1439
    of this title.
      Amendment by section 1701(b)(2) of Pub. L. 108-136 effective Oct.
    1, 2004, and amendments by sections 1701(c)(1)(B) and 1702 of Pub.
    L. 108-136 effective as if enacted Sept. 11, 2001, see section 1705
    of Pub. L. 108-136, set out as a note under section 1439 of this
    title.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 1080(b) of Pub. L. 105-85 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to enlistments, reenlistments, extensions of enlistment,
    and inductions of persons occurring on or after the date of the
    enactment of this Act [Nov. 18, 1997]."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
         NATURALIZATION OF NATIVES OF PHILIPPINES THROUGH CERTAIN
                  ACTIVE-DUTY SERVICE DURING WORLD WAR II
      Pub. L. 102-395, title I, Sec. 113, Oct. 6, 1992, 106 Stat. 1844,
    which provided that, notwithstanding any other provision of law,
    effective 120 days after Oct. 6, 1992, and applicable to natives of
    the Philippines who applied for naturalization under section 405 of
    Pub. L. 101-649, set out below, and who applied within 2 years
    after such effective date, the naturalization of natives of the
    Philippines who apply for naturalization under section 405 of Pub.
    L. 101-649 was to be conducted in Philippines as well as in United
    States by employees of Immigration and Naturalization Service
    designated pursuant to section 1446(b) of this title, and required
    Attorney General to prescribe necessary implementing regulations
    and maintain permanent records of the oaths of allegiance taken in
    accordance with these provisions, was repealed by Pub. L. 105-119,
    title I, Sec. 112(c), Nov. 26, 1997, 111 Stat. 2460.
      Pub. L. 101-649, title IV, Sec. 405, Nov. 29, 1990, 104 Stat.
    5039, as amended by Pub. L. 103-416, title I, Sec. 104(d), Oct. 25,
    1994, 108 Stat. 4308; Pub. L. 105-119, title I, Sec. 112(b), Nov.
    26, 1997, 111 Stat. 2459, provided that section 1440(a)(1) and (2)
    of this title did not apply to the naturalization of certain
    persons born in the Philippines who served honorably in an active
    duty status during the World War II occupation and liberation of
    the Philippines within the Philippine Army or within a recognized
    guerilla unit or who served within the Philippine Scouts or within
    any other component of the United States Armed Forces in the Far
    East at any time during the period beginning September 1, 1939, and
    ending December 31, 1946, who were otherwise eligible for
    naturalization under section 1440, and who applied for
    naturalization during the 2-year period beginning on Nov. 29, 1990.

             NATURALIZATION OF ALIENS ENLISTED IN REGULAR ARMY         
      Act June 30, 1950, ch. 443, Sec. 4, 64 Stat. 316, as amended June
    27, 1952, ch. 477, title IV, Sec. 402(e), 66 Stat. 276, provided
    that: "Notwithstanding the dates or periods of service specified
    and designated in section 329 of the Immigration and Nationality
    Act [this section], the provisions of that section are applicable
    to aliens enlisted or reenlisted pursuant to the provisions of this
    Act and who have completed five or more years of military service,
    if honorably discharged therefrom. Any alien enlisted or reenlisted
    pursuant to the provisions of this Act who subsequently enters the
    United States, American Samoa, Swains Island, or the Canal Zone,
    pursuant to military orders shall, if otherwise qualified for
    citizenship, and after completion of five or more years of military
    service, if honorably discharged therefrom, be deemed to have been
    lawfully admitted to the United States for permanent residence
    within the meaning of such section 329(a) [subsection (a) of this
    section]."

-EXEC-
    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 (82
    Stat. 1343; 8 U.S.C. 1440), and by the authority of Section 3 of
    that Act of October 24, 1968 (82 Stat. 1344; 8 U.S.C. 1440e), it is
    hereby ordered that the statutory period of Vietnam hostilities
    which began on February 28, 1961, shall be deemed to have
    terminated on October 15, 1978, for the purpose of ending the
    period in which active-duty service in the Armed Forces qualifies
    for certain exemptions from the usual requirements for
    naturalization, including length of residence and fees.
                                                           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 section 1440(b) of this
    title, was revoked, effective Feb. 2, 1987, by Ex. Ord. No. 12913,
    May 2, 1994, 59 F.R. 23115, such revocation not intended to affect
    status of anyone who was naturalized pursuant to terms of that
    order prior to the date of publication of Ex. Ord. No. 12582 in the
    Federal Register (May 4, 1994).

        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 section
    1440 of title 8, United States Code, and in order to provide
    expedited naturalization for aliens and noncitizen nationals who
    served in an active-duty status in the Armed Forces of the United
    States during the period of the Persian Gulf Conflict, it is hereby
    ordered as follows:
      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 section 1440(b) of
    title 8, United States Code.
                                                     William J. Clinton.

        EX. ORD. NO. 13269. EXPEDITED NATURALIZATION OF ALIENS AND
     NONCITIZEN NATIONALS SERVING IN AN ACTIVE-DUTY STATUS DURING THE
                             WAR ON TERRORISM
      Ex. Ord. No. 13269, July 3, 2002, 67 F.R. 45287, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 329
    of the Immigration and Nationality Act (8 U.S.C. 1440) (the "Act"),
    and solely in order to provide expedited naturalization for aliens
    and noncitizen nationals serving in an active-duty status in the
    Armed Forces of the United States during the period of the war
    against terrorists of global reach, it is hereby ordered as
    follows:
      For the purpose of determining qualification for the exception
    from the usual requirements for naturalization, I designate as a
    period in which the Armed Forces of the United States were engaged
    in armed conflict with a hostile foreign force the period beginning
    on September 11, 2001. Such period will be deemed to terminate on a
    date designated by future Executive Order. Those persons serving
    honorably in active-duty status in the Armed Forces of the United
    States, during the period beginning on September 11, 2001, and
    terminating on the date to be so designated, are eligible for
    naturalization in accordance with the statutory exception to the
    naturalization requirements, as provided in section 329 of the Act.
    Nothing contained in this order is intended to affect, nor does it
    affect, any other power, right, or obligation of the United States,
    its agencies, officers, employees, or any other person under
    Federal law or the law of nations.
                                                         George W. Bush.

-End-

-CITE-
    8 USC Sec. 1440-1                                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 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

-STATUTE-
    (a) Permitting granting of posthumous citizenship
      Notwithstanding any other provision of this subchapter, the
    Secretary of Homeland Security 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 Secretary of Homeland Security 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 section 1440(a) of this title,
        (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 section 1440(a) of this title.

    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
      (1) In general
        A request for the granting of posthumous citizenship to a
      person described in subsection (b) of this section may be filed
      on behalf of that person - 
          (A) upon locating the next-of-kin, and if so requested by the
        next-of-kin, by the Secretary of Defense or the Secretary's
        designee with the Bureau of Citizenship and Immigration
        Services in the Department of Homeland Security immediately
        upon the death of that person; or
          (B) by the next-of-kin.
      (2) Approval
        The Director of the Bureau of Citizenship and Immigration
      Services shall approve a request for posthumous citizenship filed
      by the next-of-kin in accordance with paragraph (1)(B) if - 
          (A) the request is filed not later than 2 years after - 
            (i) November 24, 2003; or
            (ii) the date of the person's death;

        whichever date is later;
          (B) 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
          (C) the Director finds that the person satisfied the
        requirement of subsection (b)(3) of this section.
    (d) Documentation of posthumous citizenship
      If the Director of the Bureau of Citizenship and Immigration
    Services approves the request referred to in subsection (c) of this
    section, the Director shall send to the next-of-kin of the person
    who is granted citizenship, 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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 329A, as added Pub.
    L. 101-249, Sec. 2(a), Mar. 6, 1990, 104 Stat. 94; Pub. L. 107-273,
    div. C, title I, Sec. 11030(b), Nov. 2, 2002, 116 Stat. 1836; Pub.
    L. 108-136, div. A, title XVII, Secs. 1703(g), 1704, Nov. 24, 2003,
    117 Stat. 1695, 1696.)

-COD-
                               CODIFICATION                           
      November 24, 2003, referred to in subsec. (c)(2)(A)(i), was in
    the original "the date of enactment of this section", which was
    translated as meaning the date of enactment of Pub. L. 108-136,
    which enacted subsec. (c) of this section, to reflect the probable
    intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (a). Pub. L. 108-136, Sec. 1703(g)(2), substituted
    "Secretary of Homeland Security" for "Attorney General" in two
    places.
      Subsec. (c). Pub. L. 108-136, Sec. 1704(1), added heading and
    text of subsec. (c) and struck out former subsec. (c) which related
    to procedures for approval by the Attorney General of a request for
    the granting of posthumous citizenship.
      Subsec. (d). Pub. L. 108-136, Sec. 1704(2), added heading and
    text of subsec. (d) and struck out former subsec. (d) which read as
    follows: "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."
      Subsec. (e). Pub. L. 108-136, Sec. 1703(g)(1), struck out heading
    and text of subsec. (e). Text read as follows: "Nothing in this
    section or section 1430(d) of this title shall be construed as
    providing for any benefits under this chapter for any spouse, son,
    daughter, or other relative of a person granted posthumous
    citizenship under this section."
      2002 - Subsec. (c)(1)(A). Pub. L. 107-273 substituted "November
    2, 2002," for "March 6, 1990,".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-136 effective as if enacted Sept. 11,
    2001, see section 1705 of Pub. L. 108-136, set out in a note under
    section 1439 of this title.

-End-

-CITE-
    8 USC Secs. 1440a to 1440d                                  01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Secs. 1440a to 1440d. Omitted

-COD-
                               CODIFICATION                           
      Sections, act June 30, 1953, ch. 162, Secs. 1-4, 67 Stat. 108-
    110, which authorized naturalization of persons who served in the
    Armed Forces after June 29, 1950, and not later than July 1, 1955,
    were omitted as obsolete, since the provisions of section 1 of act
    June 30, 1953, required the petition for naturalization to be filed
    not later than December 31, 1955. See sections 1440 and 1440e of
    this title.

-End-

-CITE-
    8 USC Sec. 1440e                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 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

-STATUTE-
      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 section 329 of the
    Immigration and Nationality Act, as amended by this Act [8 U.S.C.
    1440], for filing a petition for naturalization or issuing a
    certificate of naturalization upon his admission to citizenship,
    and no clerk of any State court shall charge or collect any fee for
    such services unless the laws of the State require such charge to
    be made, in which case nothing more than the portion of the fee
    required to be paid to the State shall be charged or collected. A
    report of all transactions under this section shall be made to the
    Attorney General as in the case of other reports required of clerks
    of courts by title III of the Immigration and Nationality Act [8
    U.S.C. 1401 et seq.].

-SOURCE-
    (Pub. L. 90-633, Sec. 3, Oct. 24, 1968, 82 Stat. 1344.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in text, is act
    June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the
    Act is classified principally to subchapter III (Sec. 1401 et seq.)
    of this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 1101 of this title
    and Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Immigration and
    Nationality Act which comprises this chapter.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1441                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1441. Constructive residence through service on certain United
      States vessels

-STATUTE-
      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 section 1427(a) of this title, if such service occurred
    within five years immediately preceding the date such person shall
    file an application for naturalization. Service on vessels
    described in clause (A) of this section shall be proved by duly
    authenticated copies of the records of the executive departments or
    agency having custody of the records of such service. Service on
    vessels described in clause (B) of this section may be proved by
    certificates from the masters of such vessels.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 330, 66 Stat. 251;
    Pub. L. 100-525, Sec. 9(z), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    101-649, title IV, Sec. 407(c)(12), Nov. 29, 1990, 104 Stat. 5041;
    Pub. L. 102-232, title III, Sec. 305(m)(5), Dec. 12, 1991, 105
    Stat. 1750.)

-MISC1-
                                AMENDMENTS                            
      1991 - Pub. L. 102-232 substituted "of this section" for "of this
    subsection" in two places.
      1990 - Pub. L. 101-649 substituted "an application" for "a
    petition".
      1988 - Pub. L. 100-525 designated provisions of former par. (1)
    of subsec. (a) as entire section, and struck out former pars. (2)
    and (3) and subsec. (b) which read as follows:
      "(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 section 1427(a) of
    this title, if such petition is filed within one year from the
    effective date of this chapter. Notwithstanding the provisions of
    section 1429 of this title, a person entitled to claim the
    exemptions contained in this paragraph shall not be required to
    establish a lawful admission for permanent residence.
      "(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
    section 1427(a) of this title, if such person at any time prior to
    filing his petition for naturalization shall have been lawfully
    admitted to the United States for permanent residence, and if such
    petition is filed on or before September 23, 1955.
      "(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 section 1424 of this title and to those
    provisions of section 1429 of this title which relate to the
    prohibition against the naturalization of a person against whom
    there is outstanding a final finding of deportability pursuant to a
    warrant of arrest issued under the provisions of this chapter or
    any other Act, or which relate to the prohibition against the final
    hearing on a petition for naturalization if there is pending
    against the petitioner a deportation proceeding pursuant to a
    warrant of arrest issued under the provisions of this chapter or
    any other Act."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

-End-

-CITE-
    8 USC Sec. 1442                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1442. Alien enemies

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 331, 66 Stat. 252;
    Pub. L. 101-649, title IV, Sec. 407(c)(13), (d)(9), (e)(2), Nov.
    29, 1990, 104 Stat. 5041, 5042, 5046.)

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(13), substituted
    references to applicant and application for references to
    petitioner and petition wherever appearing.
      Subsec. (b). Pub. L. 101-649, Sec. 407(d)(9), substituted
    "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" for "called for a hearing, or heard,
    except after ninety days' notice given by the clerk of the court to
    the Attorney General to be represented at the hearing, and the
    Attorney General's objection to such final hearing shall cause the
    petition to be continued".
      Pub. L. 101-649, Sec. 407(c)(13), substituted "application" for
    "petition" after "have his".
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(13), substituted "an
    application" for "a petition" wherever appearing.
      Subsec. (d). Pub. L. 101-649, Sec. 407(e)(2), struck out at end
    "Notwithstanding the provisions of section 405(b) of this Act, this
    subsection shall also apply to the case of any such alien whose
    petition for naturalization was filed prior to the effective date
    of this chapter and which is still pending on that date."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1443                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1443. Administration

-STATUTE-
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 332, 66 Stat. 252;
    Pub. L. 101-649, title IV, Secs. 406, 407(d)(10), Nov. 29, 1990,
    104 Stat. 5040, 5042; Pub. L. 102-232, title III, Sec. 305(m)(6),
    Dec. 12, 1991, 105 Stat. 1750.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-232 substituted "applicants" for
    "petitioners" in first sentence.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(d)(10), struck out
    "for the purpose of making appropriate recommendations to the
    naturalization courts" before period at end of first sentence and
    struck out second sentence which read as follows: "Such
    examination, in the discretion of the Attorney General, and under
    such rules and regulations as may be prescribed by him, may be
    conducted before or after the applicant has filed his petition for
    naturalization."
      Subsec. (h). Pub. L. 101-649, Sec. 406, added subsec. (h).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1443a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1443a. Naturalization proceedings overseas for members of the
      Armed Forces

-STATUTE-
      Notwithstanding any other provision of law, the Secretary of
    Homeland Security, the Secretary of State, and the Secretary of
    Defense shall ensure that any applications, interviews, filings,
    oaths, ceremonies, or other proceedings under title III of the
    Immigration and Nationality Act (8 U.S.C. 1401 et seq.) relating to
    naturalization of members of the Armed Forces are available through
    United States embassies, consulates, and as practicable, United
    States military installations overseas.

-SOURCE-
    (Pub. L. 108-136, div. A, title XVII, Sec. 1701(d), Nov. 24, 2003,
    117 Stat. 1692.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in text, is act
    June 27, 1952, ch. 477, 66 Stat. 163, as amended. Title III of the
    Act is classified principally to subchapter III (Sec. 1401 et seq.)
    of this chapter. For complete classification of this Act to the
    Code, see Short Title note set out under section 1101 of this title
    and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 2004, and not as part of the Immigration and
    Nationality Act which comprises this chapter.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 2004, see section 1705(b) of Pub. L.
    109-136, set out as an Effective Date of 2003 Amendment note under
    section 1439 of this title.

    FINALIZATION OF NATURALIZATION PROCEEDINGS FOR MEMBERS OF THE ARMED
                                  FORCES
      Pub. L. 108-136, div. A, title XVII, Sec. 1701(e), Nov. 24, 2003,
    117 Stat. 1692, provided that: "Not later than 90 days after the
    date of the enactment of this Act [Nov. 24, 2003], the Secretary of
    Defense shall prescribe a policy that facilitates the opportunity
    for a member of the Armed Forces to finalize naturalization for
    which the member has applied. The policy shall include, for such
    purpose, the following:
        "(1) A high priority for grant of emergency leave.
        "(2) A high priority for transportation on aircraft of, or
      chartered by, the Armed Forces."

-End-

-CITE-
    8 USC Sec. 1444                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1444. Photographs; number

-STATUTE-
      (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 section 1259 of this title;
        (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 333, 66 Stat. 253;
    Pub. L. 101-649, title IV, Sec. 407(c)(14), (d)(11), Nov. 29, 1990,
    104 Stat. 5041, 5042; Pub. L. 103-416, title II, Sec. 219(w), Oct.
    25, 1994, 108 Stat. 4318.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b)(1). Pub. L. 103-416 substituted "1259" for
    "1259(a)".
      1990 - Subsec. (a). Pub. L. 101-649 substituted "applicant" for
    "petitioner" after "by each", and "Attorney General" for "clerk of
    the court".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1445                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1445. Application for naturalization; declaration of intention

-STATUTE-
    (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 section 1427(a) or 1430(a) of this
    title, the application for naturalization may be filed up to 3
    months before the date the applicant would first otherwise meet
    such continuous residence requirement.
    (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 section 1447(a) of this title on applications for
    naturalization shall be held at regular intervals specified by the
    Attorney General.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 334, 66 Stat. 254;
    Pub. L. 97-116, Sec. 15(b), Dec. 29, 1981, 95 Stat. 1619; Pub. L.
    101-649, title IV, Secs. 401(b), 407(c)(15), (d)(12), Nov. 29,
    1990, 104 Stat. 5038, 5041, 5042; Pub. L. 102-232, title III, Sec.
    305(d), (e), (m)(7), Dec. 12, 1991, 105 Stat. 1750.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 305(m)(7), struck out
    ", in duplicate," after "file with the Attorney General".
      Pub. L. 102-232, Sec. 305(e), made technical correction to
    directory language of Pub. L. 101-649, Sec. 407(d)(12)(B). See 1990
    Amendment note below.
      Subsecs. (f), (g). Pub. L. 102-232, Sec. 305(d), redesignated
    subsec. (g) as (f).
      1990 - Pub. L. 101-649, Sec. 407(d)(12)(A), substituted
    "Application for naturalization; declaration of intention" for
    "Petition for naturalization" in section catchline.
      Subsec. (a). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(B), as
    amended by Pub. L. 102-232, Sec. 305(e), substituted "with the
    Attorney General" for "in the office of the clerk of a
    naturalization court", "under this subchapter" for "upon the
    hearing of such petition", and "application" for "petition"
    wherever appearing.
      Pub. L. 101-649, Sec. 401(b), inserted at end "In the case of an
    applicant subject to a requirement of continuous residence under
    section 1427(a) or 1430(a) of this title, the application for
    naturalization may be filed up to 3 months before the date the
    applicant would first otherwise meet such continuous residence
    requirement."
      Subsec. (b). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(C),
    substituted "application" for "petition" in first sentence, and
    struck out "(1)" before "he shall have attained", "and (2) he shall
    have first filed an application therefor at an office of the
    Service in the form and manner prescribed by the Attorney General"
    after "eighteen years", and "petition for" after "An application
    for".
      Subsecs. (c) to (e). Pub. L. 101-649, Sec. 407(d)(12)(F), added
    subsecs. (c) to (e) and struck out former subsecs. (c) to (e) which
    related to time to file, substitute filing place, and investigation
    into reasons for substitute filing place, respectively.
      Subsecs. (f), (g). Pub. L. 101-649, Sec. 407(c)(15), (d)(12)(D),
    (E), redesignated subsec. (f) as (g), substituted "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." for "Any alien over eighteen years of age who is
    residing in the United States pursuant to a lawful admission for
    permanent residence may, upon an application prescribed, filed
    with, and approved by the Service, make and file in duplicate in
    the office of the clerk of court, regardless of the alien's place
    of residence in the United States, a signed declaration of
    intention to become a citizen of the United States, in such form as
    the Attorney General shall prescribe.", and substituted "an
    application" for "a petition" in last sentence.
      1981 - Subsec. (a). Pub. L. 97-116 struck out "and duly verified
    by two witnesses," after "able to write,".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 305(d), (e) of Pub. L. 102-232 effective as
    if included in the enactment of the Immigration Act of 1990, Pub.
    L. 101-649, see section 310(1) of Pub. L. 102-232, set out as a
    note under section 1101 of this title.
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1446                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1446. Investigation of applicants; examination of applications

-STATUTE-
    (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 section 1447(a) of this title. Any
    such employee shall, at the examination, inform the applicant of
    the remedies available to the applicant under section 1447 of this
    title.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 335, 66 Stat. 255;
    Pub. L. 97-116, Sec. 15(c), Dec. 29, 1981, 95 Stat. 1619; Pub. L.
    100-525, Sec. 9(aa), (bb), Oct. 24, 1988, 102 Stat. 2621; Pub. L.
    101-649, title IV, Secs. 401(c), 407(c)(16), (d)(13), Nov. 29,
    1990, 104 Stat. 5038, 5041, 5043; Pub. L. 102-232, title III, Sec.
    305(f), Dec. 12, 1991, 105 Stat. 1750.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (b). Pub. L. 102-232 substituted "district court"
    for "District Court".
      1990 - Pub. L. 101-649, Sec. 407(d)(13)(A), substituted
    "Investigation of applicants; examination of applications" for
    "Investigation of petitioners" in section catchline.
      Subsec. (a). Pub. L. 101-649, Sec. 407(c)(16), (d)(13)(B),
    substituted "Before a person may be naturalized" for "At any time
    prior to the holding of the final hearing on a petition for
    naturalization provided for by section 1447(a) of this title",
    "applying" for "petitioning", and "application" for "petition".
      Subsec. (b). Pub. L. 101-649, Sec. 407(c)(16), (d)(13)(C),
    substituted "applications" for "petitions" and "applicant" for
    "petitioner" wherever appearing, struck out "preliminary" before
    "examinations" and before "examination", struck out "to any
    naturalization court and to make recommendations thereon to such
    court" before period at end of first sentence, substituted "any
    District Court of the United States" for "any court exercising
    naturalization jurisdiction as specified in section 1421 of this
    title", and substituted "hearing conducted by an immigration
    officer under section 1447(a) of this title" for "final hearing
    conducted by a naturalization court designated in section 1421 of
    this title".
      Pub. L. 101-649, Sec. 401(c), inserted at end "Any such employee
    shall, at the examination, inform the petitioner of the remedies
    available to the petitioner under section 1447 of this title."
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(16), (d)(13)(D), struck
    out "preliminary" before "examination" wherever appearing, and
    substituted "determination" for "recommendation" and "application"
    for "petition".
      Subsecs. (d) to (f). Pub. L. 101-649, Sec. 407(d)(13)(E), amended
    subsecs. (d) to (f) generally, substituting provisions relating to
    determinations, withdrawal of application, and transfer of
    application, for provisions relating to recommendations, withdrawal
    of petition, and transfer of petition, respectively.
      1988 - Subsec. (d). Pub. L. 100-525, Sec. 9(aa), substituted
    "approves" for "approve" in fourth sentence.
      Subsec. (f)(2). Pub. L. 100-525, Sec. 9(bb), struck out before
    period at end ", except that the court to which the petition is
    transferred may in its discretion, require the production of two
    credible United States citizen witnesses to testify as to the
    petitioner's qualifications for naturalization since the date of
    such transfer".
      1981 - Subsec. (b). Pub. L. 97-116, Sec. 15(c)(1), struck out
    "and the oaths of petitioner's witnesses to the petition for
    naturalization" after "oath of the petitioner for naturalization".
      Subsec. (f). Pub. L. 97-116, Sec. 15(c)(2), (3), redesignated
    subsec. (i) as (f) and struck out former subsec. (f) which required
    affidavits of at least two credible witnesses, citizens of the
    United States, concerning the residency and the good moral
    character, etc., of the petitioner.
      Subsec. (g). Pub. L. 97-116, Sec. 15(c)(2), struck out subsec.
    (g) which related to proof of residence at the hearing on the
    petition.
      Subsec. (h). Pub. L. 97-116, Sec. 15(c)(2), struck out subsec.
    (h) which related to satisfactory evidence as to good moral
    character, etc., at the hearing on the petition.
      Subsec. (i). Pub. L. 97-116, Sec. 15(c)(3), redesignated subsec.
    (i) as (f).

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                        CRIMINAL BACKGROUND CHECKS                    
      Pub. L. 105-119, title I, Nov. 26, 1997, 111 Stat. 2448, provided
    in part: "That during fiscal year 1998 and each fiscal year
    thereafter, none of the funds appropriated or otherwise made
    available to the Immigration and Naturalization Service shall be
    used to complete adjudication of an application for naturalization
    unless the Immigration and Naturalization Service has received
    confirmation from the Federal Bureau of Investigation that a full
    criminal background check has been completed, except for those
    exempted by regulation as of January 1, 1997".

-End-

-CITE-
    8 USC Sec. 1447                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1447. Hearings on denials of applications for naturalization

-STATUTE-
    (a) Request for hearing before immigration officer
      If, after an examination under section 1446 of this title, an
    application for naturalization is denied, the applicant may request
    a hearing before an immigration officer.
    (b) Request for hearing before district court
      If there is a failure to make a determination under section 1446
    of this title before the end of the 120-day period after the date
    on which the examination is conducted under such section, the
    applicant may apply to the United States district court for the
    district in which the applicant resides for a hearing on the
    matter. Such court has jurisdiction over the matter and may either
    determine the matter or remand the matter, with appropriate
    instructions, to the Service to determine the matter.
    (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 section 1446(b) of this title
    may be enforced.
    (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 section
    1448(a) of this title for the court, in its discretion, upon the
    bona fide prayer of the applicant included in an appropriate
    petition to the court, to make a decree changing the name of said
    person, and the certificate of naturalization shall be issued in
    accordance therewith.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 336, 66 Stat. 257;
    Pub. L. 91-136, Dec. 5, 1969, 83 Stat. 283; Pub. L. 97-116, Sec.
    15(d), Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-525, Sec. 9(cc),
    Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, title IV, Sec.
    407(c)(17), (d)(14), Nov. 29, 1990, 104 Stat. 5041, 5044; Pub. L.
    102-232, title III, Sec. 305(g), (h), Dec. 12, 1991, 105 Stat.
    1750.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsecs. (d), (e). Pub. L. 102-232, Sec. 305(g), (h),
    amended Pub. L. 101-649, Sec. 407(d)(14)(D)(i), (E)(ii),
    respectively. See 1990 Amendment note below.
      1990 - Pub. L. 101-649, Sec. 407(d)(14)(A), amended section
    catchline generally.
      Subsecs. (a), (b). Pub. L. 101-649, Sec. 407(d)(14)(B), amended
    subsecs. (a) and (b) generally, substituting provisions relating to
    requests for hearing upon denial of application and failure to make
    determination, for provisions relating to holding of hearing in
    open court and exceptions to same, respectively.
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(C),
    substituted "immigration officer" for "court" and references to
    applicant, applicant's, and application for references to
    petitioner, petitioner's, and petition wherever appearing.
      Subsec. (d). Pub. L. 101-649, Sec. 407(d)(14)(D)(i), as amended
    by Pub. L. 102-232, Sec. 305(g), substituted "immigration officer
    shall, if the applicant requests it at the time of filing the
    request for the hearing" for "clerk of court shall, if the
    petitioner requests it at the time for filing the petition for
    naturalization".
      Pub. L. 101-649, Sec. 407(c)(17), (d)(14)(D)(ii), (iii),
    substituted "applicant" for "petitioner", struck out "final" before
    "hearing" wherever appearing, and inserted at end "Such subpenas
    may be enforced in the same manner as subpenas under section
    1446(b) of this title may be enforced."
      Subsec. (e). Pub. L. 101-649, Sec. 407(d)(14)(E)(i), substituted
    "administration by a court of the oath of allegiance under section
    1448(a) of this title" for "naturalization of any person,".
      Pub. L. 101-649, Sec. 407(d)(14)(E)(ii), as amended by Pub. L.
    102-232, Sec. 305(h), substituted "included in an appropriate
    petition to the court" for "included in the petition for
    naturalization of such person".
      Pub. L. 101-649, Sec. 407(c)(17), substituted "applicant" for
    "petitioner".
      1988 - Pub. L. 100-525 amended section catchline.
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 15(d)(1), struck out
    "and the witnesses" after "such petition the petitioner".
      Subsec. (b). Pub. L. 97-116, Sec. 15(d)(1), struck out "and the
    witnesses" after "examination of the petitioner" in two places.
      Subsec. (c). Pub. L. 97-116, Sec. 15(d)(2), (3), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which
    prescribed a waiting period of thirty days after the filing of a
    petition for naturalization for the holding of a final hearing and
    permitted waiver of such period by the Attorney General if he
    determined that a waiver was in the public interest.
      Subsec. (d). Pub. L. 97-116, Sec. 15(3), (4), redesignated
    subsec. (e) as (d) and struck out provision permitting the
    substitution of witnesses if after the petition is filed any of the
    verifying witnesses appear to be not competent, provided the
    petitioner acted in good faith in producing such witness. Former
    subsec. (d) redesignated (c).
      Subsec. (e). Pub. L. 97-116, Sec. 15(d)(4), (5), redesignated
    subsec. (f) as (e). Former subsec. (e) redesignated (d).
      Subsec. (f). Pub. L. 97-116, Sec. 15(d)(5), redesignated subsec.
    (f) as (e).
      1969 - Subsec. (c). Pub. L. 91-136 struck out requirement that
    Attorney General, as a prerequisite to waiver of the waiting
    period, make an affirmative finding that such waiver will promote
    the security of the United States, and further struck out the
    provision prohibiting the acquisition of citizenship by final oath
    within 60 days preceding a general election and prior to the tenth
    day following such election.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1448                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1448. Oath of renunciation and allegiance

-STATUTE-
    (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
    section 1421(b) of this title an oath (1) to support the
    Constitution of the United States; (2) to renounce and abjure
    absolutely and entirely all allegiance and fidelity to any foreign
    prince, potentate, state, or sovereignty of whom or which the
    applicant was before a subject or citizen; (3) to support and
    defend the Constitution and the laws of the United States against
    all enemies, foreign and domestic; (4) to bear true faith and
    allegiance to the same; and (5)(A) to bear arms on behalf of the
    United States when required by the law, or (B) to perform
    noncombatant service in the Armed Forces of the United States when
    required by the law, or (C) to perform work of national importance
    under civilian direction when required by the law. Any such person
    shall be required to take an oath containing the substance of
    clauses (1) to (5) of the preceding sentence, except that a person
    who shows by clear and convincing evidence to the satisfaction of
    the Attorney General that he is opposed to the bearing of arms in
    the Armed Forces of the United States by reason of religious
    training and belief shall be required to take an oath containing
    the substance of clauses (1) to (4) and clauses (5)(B) and (5)(C)
    of this subsection, and a person who shows by clear and convincing
    evidence to the satisfaction of the Attorney General that he is
    opposed to any type of service in the Armed Forces of the United
    States by reason of religious training and belief shall be required
    to take an oath containing the substance of said clauses (1) to (4)
    and clause (5)(C). The term "religious training and belief" as used
    in this section shall mean an individual's belief in a relation to
    a Supreme Being involving duties superior to those arising from any
    human relation, but does not include essentially political,
    sociological, or philosophical views or a merely personal moral
    code. In the case of the naturalization of a child under the
    provisions of section 1433 of this title the Attorney General may
    waive the taking of the oath if in the opinion of the Attorney
    General the child is unable to understand its meaning. The Attorney
    General may waive the taking of the oath by a person if in the
    opinion of the Attorney General the person is unable to understand,
    or to communicate an understanding of, its meaning because of a
    physical or developmental disability or mental impairment. If the
    Attorney General waives the taking of the oath by a person under
    the preceding sentence, the person shall be considered to have met
    the requirements of section 1427(a)(3) of this title with respect
    to attachment to the principles of the Constitution and well
    disposition to the good order and happiness of the United States.
    (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 section 1421(b) of this title, an individual may
    be granted an expedited judicial oath administration ceremony or
    administrative naturalization by the Attorney General upon
    demonstrating sufficient cause. In determining whether to grant an
    expedited judicial oath administration ceremony, a court shall
    consider special circumstances (such as serious illness of the
    applicant or a member of the applicant's immediate family,
    permanent disability sufficiently incapacitating as to prevent the
    applicant's personal appearance at the scheduled ceremony,
    developmental disability or advanced age, or exigent circumstances
    relating to travel or employment). If an expedited judicial oath
    administration ceremony is impracticable, the court shall refer
    such individual to the Attorney General who may provide for
    immediate administrative naturalization.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 337, 66 Stat. 258;
    Pub. L. 97-116, Sec. 18(o), Dec. 29, 1981, 95 Stat. 1621; Pub. L.
    101-649, title IV, Sec. 407(c)(18), (d)(15), Nov. 29, 1990, 104
    Stat. 5041, 5044; Pub. L. 102-232, title I, Sec. 102(b)(2), title
    III, Sec. 305(i), Dec. 12, 1991, 105 Stat. 1736, 1750; Pub. L. 106-
    448, Sec. 1, Nov. 6, 2000, 114 Stat. 1939.)

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-448 inserted at end "The Attorney
    General may waive the taking of the oath by a person if in the
    opinion of the Attorney General the person is unable to understand,
    or to communicate an understanding of, its meaning because of a
    physical or developmental disability or mental impairment. If the
    Attorney General waives the taking of the oath by a person under
    the preceding sentence, the person shall be considered to have met
    the requirements of section 1427(a)(3) of this title with respect
    to attachment to the principles of the Constitution and well
    disposition to the good order and happiness of the United States."
      1991 - Subsec. (c). Pub. L. 102-232, Sec. 102(b)(2), amended
    subsec. (c) generally. Prior to amendment, subsec. (c) read as
    follows: "If the applicant is prevented by sickness or other
    disability from attending a public ceremony, the oath required to
    be taken by subsection (a) of this section may be taken at such
    place as the Attorney General may designate under section 1445(e)
    of this title."
      Pub. L. 102-232, Sec. 305(i), struck out "before" after "may be
    taken".
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(A),
    substituted "applied" for "petitioned" and "applicant" for
    "petitioner" in first sentence, "in a public ceremony before the
    Attorney General or a court with jurisdiction under section 1421(b)
    of this title" for "in open court", "Attorney General" for
    "naturalization court" wherever appearing in second and fourth
    sentences, and "Attorney General" for "court" before "the child" in
    fourth sentence.
      Subsec. (b). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(B),
    substituted "applying" for "petitioning", "applicant" for
    "petitioner", and "in the same public ceremony in which the oath of
    allegiance is administered" for "in open court in the court in
    which the petition for naturalization is made", and struck out "in
    the court" after "shall be recorded".
      Subsec. (c). Pub. L. 101-649, Sec. 407(c)(18), (d)(15)(C),
    substituted "applicant" for "petitioner", "attending a public
    ceremony" for "being in open court", and "at such place as the
    Attorney General may designate under section 1445(e) of this title"
    for "a judge of the court at such place as may be designated by the
    court".
      Subsec. (d). Pub. L. 101-649, Sec. 407(d)(15)(D), added subsec.
    (d).
      1981 - Subsec. (a). Pub. L. 97-116 substituted "section 1433" for
    "section 1433 or 1434".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-448, Sec. 2, Nov. 6, 2000, 114 Stat. 1939, provided
    that: "The amendment made by section 1 [amending this section]
    shall apply to persons applying for naturalization before, on, or
    after the date of the enactment of this Act [Nov. 6, 2000]."

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 102(b)(2) of Pub. L. 102-232 effective 30
    days after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232,
    set out as a note under section 1421 of this title.
      Amendment by section 305(i) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
      DEMONSTRATION PROJECTS TO PROVIDE FOR ADMINISTRATION OF OATH OF
                                ALLEGIANCE
      Pub. L. 104-208, div. C, title VI, Sec. 647, Sept. 30, 1996, 110
    Stat. 3009-710, provided that:
      "(a) In General. - The Attorney General shall make available
    funds under this section, in each of fiscal years 1997 through
    2001, to the Commissioner of Immigration and Naturalization or to
    other public or private nonprofit entities to support demonstration
    projects under this section at 10 sites throughout the United
    States. Each such project shall be designed to provide for the
    administration of the oath of allegiance under section 337(a) of
    the Immigration and Nationality Act [8 U.S.C. 1448(a)] on a
    business day around Independence Day to approximately 500 people
    whose application for naturalization has been approved. Each
    project shall provide for appropriate outreach and ceremonial and
    celebratory activities.
      "(b) Selection of Sites. - The Attorney General shall, in the
    Attorney General's discretion, select diverse locations for sites
    on the basis of the number of naturalization applicants living in
    proximity to each site and the degree of local community
    participation and support in the project to be held at the site.
    Not more than 2 sites may be located in the same State. The
    Attorney General shall consider changing the sites selected from
    year to year.
      "(c) Amounts Available; Use of Funds. - 
        "(1) Amount. - The amount made available under this section
      with respect to any single site for a year shall not exceed
      $5,000.
        "(2) Use. - Funds made available under this section may be used
      only to cover expenses incurred in carrying out oath
      administration ceremonies at the demonstration sites under
      subsection (a), including expenses for - 
          "(A) cost of personnel of the Immigration and Naturalization
        Service (including travel and overtime expenses);
          "(B) rental of space; and
          "(C) costs of printing appropriate brochures and other
        information about the ceremonies.
        "(3) Availability of funds. - Funds that are otherwise
      available to the Immigration and Naturalization Service to carry
      out naturalization activities shall be available, to the extent
      provided in appropriation Acts, to carry out this section.
      "(d) Application. - In the case of an entity other than the
    Immigration and Naturalization Service seeking to conduct a
    demonstration project under this section, no amounts may be made
    available to the entity under this section unless an appropriate
    application has been made to, and approved by, the Attorney
    General, in a form and manner specified by the Attorney General."

-End-

-CITE-
    8 USC Sec. 1448a                                            01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1448a. Address to newly naturalized citizens

-STATUTE-
      Either at the time of the rendition of the decree of
    naturalization or at such other time as the judge may fix, the
    judge or someone designated by him shall address the newly
    naturalized citizen upon the form and genius of our Government and
    the privileges and responsibilities of citizenship; it being the
    intent and purpose of this section to enlist the aid of the
    judiciary, in cooperation with civil and educational authorities,
    and patriotic organizations in a continuous effort to dignify and
    emphasize the significance of citizenship.

-SOURCE-
    (Feb. 29, 1952, ch. 49, Sec. 2, 66 Stat. 10.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Immigration and
    Nationality Act which comprises this chapter.
      Section was previously classified to section 154 of former Title
    36, Patriotic Societies and Observances.

-MISC1-
                             PRIOR PROVISIONS                         
      Similar provisions were contained in act May 3, 1940, ch. 183,
    Sec. 2, 54 Stat. 178, which was classified to section 727a of this
    title prior to repeal by act Feb. 29, 1952.

-End-

-CITE-
    8 USC Sec. 1449                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1449. Certificate of naturalization; contents

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 338, 66 Stat. 259;
    Pub. L. 101-649, title IV, Sec. 407(c)(19), (d)(16), Nov. 29, 1990,
    104 Stat. 5041, 5045; Pub. L. 102-232, title III, Sec. 305(j), Dec.
    12, 1991, 105 Stat. 1750; Pub. L. 103-416, title I, Sec. 104(a),
    title II, Sec. 219(z)(3), Oct. 25, 1994, 108 Stat. 4308, 4318.)

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-416, Sec. 219(z)(3), repealed Pub. L. 102-232,
    Sec. 305(j)(1). See 1991 Amendment note below.
      Pub. L. 103-416, Sec. 104(a), struck out "intends to reside
    permanently in the United States, except in cases falling within
    the provisions of section 1435(a) of this title," before "had
    complied in".
      1991 - Pub. L. 102-232, Sec. 305(j)(2), substituted "district"
    for "District" before "office of the Service".
      Pub. L. 102-232, Sec. 305(j)(1), which made a technical
    correction to Pub. L. 101-649, Sec. 407(d)(16)(C), which was
    unnecessary because the language sought to be corrected was already
    correct in Pub. L. 101-649 (see 1990 Amendment note below) was
    repealed by Pub. L. 103-416, Sec. 219(z)(3). See Construction of
    1994 Amendment note below.
      1990 - Pub. L. 101-649 substituted "application" for "petition"
    and "applicant" for "petitioner" in two places, struck out "by a
    naturalization court" after "citizenship", and substituted "the
    Attorney General" for "the clerk of such court", "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" for "title, venue, and
    location of the naturalization court", "the Attorney General" for
    "the court", and "of an immigration officer; and the seal of the
    Department of Justice" for "of the clerk of the naturalization
    court; and seal of the court".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 104(e) of Pub. L. 103-416 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    persons admitted to citizenship on or after the date of enactment
    of this Act [Oct. 25, 1994]."
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(3) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                      CONSTRUCTION OF 1994 AMENDMENT                  
      Section 219(z)(3) of Pub. L. 103-416 provided that: "paragraph
    (1) of section 305(j) of such Act [Pub. L. 102-232, amending
    section 407(d)(16)(C) of Pub. L. 101-649] is repealed (and section
    407(d)(16)(C) of the Immigration Act of 1990 [Pub. L. 101-649,
    amending this section] shall read as if such paragraph had not been
    enacted)".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1450                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1450. Functions and duties of clerks and records of
      declarations of intention and applications for naturalization

-STATUTE-
      (a) The clerk of each court that administers oaths of allegiance
    under section 1448 of this title shall - 
        (1) deliver to each person administered the oath of allegiance
      by the court pursuant to section 1448(a) of this title the
      certificate of naturalization prepared by the Attorney General
      pursuant to section 1421(b)(2)(A)(ii) of this title,
        (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 339, 66 Stat. 259;
    Pub. L. 101-649, title IV, Sec. 407(d)(17), Nov. 29, 1990, 104
    Stat. 5045; Pub. L. 102-232, title I, Sec. 102(b)(1), Dec. 12,
    1991, 105 Stat. 1735.)

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 102(b)(1)(F), inserted
    sentence at end relating to return of defaced or injured
    certificates of naturalization to Attorney General.
      Subsec. (a)(1). Pub. L. 102-232, Sec. 102(b)(1)(A), added par.
    (1) and struck out former par. (1) which read as follows: "issue to
    each person to whom such an oath is administered a document
    evidencing that such an oath was administered,".
      Subsec. (a)(2). Pub. L. 102-232, Sec. 102(b)(1)(B), inserted "a
    list of applicants actually taking the oath at each scheduled
    ceremony and" after "Attorney General".
      Subsec. (a)(3), (4). Pub. L. 102-232, Sec. 102(b)(1)(C)-(E),
    added par. (4), redesignated former par. (4) as (3) and substituted
    ", and" for period at end, and struck out former par. (3) which
    directed clerk to make and keep on file evidence for each document
    issued.
      1990 - Pub. L. 101-649 amended section generally, substituting
    provisions relating to functions and duties of clerks and records
    of declarations of intention and applications for naturalization,
    for provisions relating to functions and duties of clerks of
    naturalization courts.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective 30 days after Dec. 12,
    1991, see section 102(c) of Pub. L. 102-232, set out as a note
    under section 1421 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-649 not applicable to functions and
    duties respecting petitions filed before Oct. 1, 1991, see section
    408(c) of Pub. L. 101-649, set out as a note under section 1421 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1451                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1451. Revocation of naturalization

-STATUTE-
    (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 section 1424 of this title, it shall be considered prima facie
    evidence that such person was not attached to the principles of the
    Constitution of the United States and was not well disposed to the
    good order and happiness of the United States at the time of
    naturalization, and, in the absence of countervailing evidence, it
    shall be sufficient in the proper proceeding to authorize the
    revocation and setting aside of the order admitting such person to
    citizenship and the cancellation of the certificate of
    naturalization as having been obtained 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.
    (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 section 1440(c) of this title on any ground other
    than 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 would have been enjoyed by
    such person had there not been a revocation and setting aside of
    the order admitting such parent or spouse to citizenship and the
    cancellation of the certificate of naturalization, unless such
    person is residing in the United States at the time of the
    revocation and setting aside of the order admitting such parent or
    spouse to citizenship and the cancellation of the certificate of
    naturalization.
    (e) Citizenship unlawfully procured
      When a person shall be convicted under section 1425 of title 18
    of knowingly procuring naturalization in violation of law, the
    court in which such conviction is had shall thereupon revoke, set
    aside, and declare void the final order admitting such person to
    citizenship, and shall declare the certificate of naturalization of
    such person to be canceled. Jurisdiction is conferred on the courts
    having jurisdiction of the trial of such offense to make such
    adjudication.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 340, 66 Stat. 260;
    Sept. 3, 1954, ch. 1263, Sec. 18, 68 Stat. 1232; Pub. L. 87-301,
    Sec. 18, Sept. 26, 1961, 75 Stat. 656; Pub. L. 99-653, Sec. 17,
    Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 9(dd), Oct.
    24, 1988, 102 Stat. 2621; Pub. L. 101-649, title IV, Sec.
    407(d)(18), Nov. 29, 1990, 104 Stat. 5046; Pub. L. 102-232, title
    III, Sec. 305(k), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103-416,
    title I, Sec. 104(b), (c), Oct. 25, 1994, 108 Stat. 4308.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 702 of the Nationality Act of 1940, as amended, referred
    to in subsec. (g), which was classified to section 1002 of this
    title, was repealed by section 403(a)(42) of act June 27, 1952. See
    section 1440 of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (d). Pub. L. 103-416 redesignated subsec. (e) as
    (d) and substituted "subsection (c)" for "subsections (c) or (d)",
    and struck out former subsec. (d) which related to revocation of
    naturalization of persons who, within one year of naturalization,
    have taken permanent residence in country of their nativity or in
    any other foreign country.
      Subsecs. (e) to (i). Pub. L. 103-416, Sec. 104(c)(1),
    redesignated subsecs. (f) to (i) as (e) to (h), respectively.
    Former subsec. (e) redesignated (d).
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 305(k)(1), substituted
    "district court" for "District Court" in first sentence.
      Subsec. (g). Pub. L. 102-232, Sec. 305(k)(2), substituted "clerk
    of court" for "clerk of the court" in second sentence.
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(d)(18)(A),
    substituted "in any District Court of the United States" for "in
    any court specified in subsection (a) of section 1421 of this
    title".
      Subsec. (g). Pub. L. 101-649, Sec. 407(d)(18)(B), (C), amended
    second sentence generally and struck out third sentence. Prior to
    amendment, second and third sentences read as follows: "In case
    such certificate was not originally issued by the court making such
    order, it shall direct the clerk of court in which the order is
    revoked and set aside to transmit a copy of such order and judgment
    to the court out of which such certificate of naturalization shall
    have been originally issued. It shall thereupon be the duty of the
    clerk of the court receiving such certified copy of the order and
    judgment of the court to enter the same of record and to cancel
    such original certificate of naturalization, if there be any, upon
    the records and to notify the Attorney General of the entry of such
    order and of such cancellation."
      Subsec. (i). Pub. L. 101-649, Sec. 407(d)(18)(D), substituted
    "the Attorney General to correct, reopen, alter, modify, or vacate
    an order naturalizing the person" for "any naturalization court, by
    or in which a person has been naturalized, to correct, reopen,
    alter, modify, or vacate its judgment or decree naturalizing such
    person, during the term of such court or within the time prescribed
    by the rules of procedure or statutes governing the jurisdiction of
    the court to take such action".
      1988 - Subsec. (c). Pub. L. 100-525, Sec. 9(dd)(1), substituted
    "December 24, 1952" for "the effective date of this chapter".
      Subsecs. (e) to (j). Pub. L. 100-525, Sec. 9(dd)(2), (3),
    redesignated former subsecs. (f) to (j) as (e) to (i),
    respectively, and struck out former subsec. (e) which read as
    follows: "The revocation and setting aside of the order admitting
    any person to citizenship and canceling his certificate of
    naturalization under the provisions of subsection (a) of section
    338 of the Nationality Act of 1940 shall not, where such action
    takes place after the effective date of this chapter, result in the
    loss of citizenship or any right or privilege of citizenship which
    would have been derived by or been available to a wife or minor
    child of the naturalized person had such naturalization not been
    revoked: Provided, That this subsection shall not apply in any case
    in which the revocation and setting aside of the order was the
    result of actual fraud."
      1986 - Subsec. (d). Pub. L. 99-653 substituted "one year" for
    "five years".
      1961 - Subsec. (a). Pub. L. 87-301, Sec. 18(a), inserted "were
    illegally procured or" after "that such order and certificate of
    naturalization".
      Subsec. (b). Pub. L. 87-301, Sec. 18(b), inserted "illegally
    procured or" before "procured by concealment".
      1954 - Subsec. (a). Act Sept. 3, 1954, substituted "United States
    attorneys" for "United States district attorneys".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-232 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 310(1) of Pub. L. 102-232, set out as a note under section
    1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(f) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendment made by section 17 [amending this section] shall not
    apply to individuals who have taken up permanent residence outside
    the United States before November 14, 1986."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1452                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1452. Certificates of citizenship or U.S. non-citizen national
      status; procedure

-STATUTE-
    (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 (48 Stat. 797), or who is a citizen of the United
    States by virtue of the provisions of subsection (c), (d), (e),
    (g), or (i) of section 201 of the Nationality Act of 1940, as
    amended (54 Stat. 1138), or of the Act of May 7, 1934 (48 Stat.
    667), or of paragraph (c), (d), (e), or (g) of section 1401 of this
    title, or under the provisions of the Act of August 4, 1937 (50
    Stat. 558), or under the provisions of section 203 or 205 of the
    Nationality Act of 1940 (54 Stat. 1139), or under the provisions of
    section 1403 of this title, may apply to the Attorney General for a
    certificate of citizenship. Upon proof to the satisfaction of the
    Attorney General that the applicant is a citizen, and that the
    applicant's alleged citizenship was derived as claimed, or
    acquired, as the case may be, and upon taking and subscribing
    before a member of the Service within the United States to the oath
    of allegiance required by this chapter of an applicant for
    naturalization, such individual shall be furnished by the Attorney
    General with a certificate of citizenship, but only if such
    individual is at the time within the United States.
    (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 341, 66 Stat. 263;
    Pub. L. 97-116, Sec. 18(p), Dec. 29, 1981, 95 Stat. 1621; Pub. L.
    99-396, Sec. 16(a), Aug. 27, 1986, 100 Stat. 843; Pub. L. 99-653,
    Sec. 22, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525, Sec. 8(q),
    Oct. 24, 1988, 102 Stat. 2618; Pub. L. 102-232, title III, Sec.
    305(m)(8), Dec. 12, 1991, 105 Stat. 1750; Pub. L. 103-416, title I,
    Sec. 102(b), Oct. 25, 1994, 108 Stat. 4307.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1993 of the Revised Statutes, referred to in subsec. (a),
    which was classified to section 6 of this title, was repealed by
    act Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat.
    1172.
      The Nationality Act of 1940, referred to in subsec. (a), is act
    Oct. 14, 1940, ch. 876, 54 Stat. 1137, as amended. Sections 201,
    203, and 205 of the Nationality Act of 1940, which were classified
    to sections 601, 603, and 605, respectively, of this title, were
    repealed by section 403(a)(42) of act June 27, 1952.
      Act May 7, 1934 (48 Stat. 667), referred to in subsec. (a), which
    was classified to sections 3b and 3c of this title, was omitted
    from the Code.
      Act Aug. 4, 1937, referred to in subsec. (a), which was
    classified to sections 5d and 5e of this title, was repealed by act
    Oct. 14, 1940, ch. 876, title I, subch. V, Sec. 504, 54 Stat. 1172.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (c). Pub. L. 103-416 struck out subsec. (c) which
    related to application to Attorney General for certificate of
    citizenship for adopted child.
      1991 - Subsec. (a). Pub. L. 102-232 substituted "an applicant"
    for "a petitioner".
      1988 - Subsec. (c). Pub. L. 100-525 amended Pub. L. 99-653. See
    1986 Amendment note below.
      1986 - Pub. L. 99-396, Sec. 16(a)(1), inserted reference to
    certificates of non-citizen national status in section catchline.
      Subsecs. (a), (b). Pub. L. 99-396, Sec. 16(a)(2), (3), designated
    existing provisions as subsec. (a) and added subsec. (b).
      Subsec. (c). Pub. L. 99-653, as amended by Pub. L. 100-525, added
    subsec. (c).
      1981 - Pub. L. 97-116 substituted "(c), (d), (e), or (g) of
    section 1401" for "(3), (4), (5), or (7) of section 1401(a)".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-416 effective on the first day of the
    first month beginning more than 120 days after Oct. 25, 1994, see
    section 102(d) of Pub. L. 103-416, set out as a note under section
    1433 of this act.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Section 305(m) of Pub. L. 102-232 provided that the amendment
    made by that section is effective as if included in section 407(d)
    of the Immigration Act of 1990, Pub. L. 101-649.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    CERTIFICATES OF NON-CITIZEN NATIONAL STATUS; $35 LIMIT ON FEES FOR
       PROCESSING APPLICATIONS FILED BEFORE END OF FISCAL YEAR 1987
      Section 16(c) of Pub. L. 99-396 provided that: "The Secretary of
    State may not impose a fee exceeding $35 for the processing of an
    application for a certificate of non-citizen national status under
    section 341(b) of the Immigration and Nationality Act [8 U.S.C.
    1452(b)] filed before the end of fiscal year 1987."

-End-

-CITE-
    8 USC Sec. 1453                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1453. Cancellation of certificates issued by Attorney General,
      the Commissioner or a Deputy Commissioner; action not to affect
      citizenship status

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 342, 66 Stat. 263.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1454                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1454. Documents and copies issued by Attorney General

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 343, 66 Stat. 263;
    Pub. L. 100-525, Sec. 9(ee), Oct. 24, 1988, 102 Stat. 2621.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 redesignated subsecs. (b) to (e) as (a) to
    (d), respectively, and struck out former subsec. (a) which read as
    follows: "A person who claims to have been naturalized in the
    United States under section 323 of the Nationality Act of 1940 may
    make application to the Attorney General for a certificate of
    naturalization. Upon proof to the satisfaction of the Attorney
    General that the applicant is a citizen and that he has been
    naturalized as claimed in the application, such individual shall be
    furnished a certificate of naturalization by the Attorney General,
    but only if the applicant is at the time within the United States."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1455                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1455. Fiscal provisions

-STATUTE-
      (a) The Attorney General shall charge, collect, and account for
    fees prescribed by the Attorney General pursuant to section 9701 of
    title 31 for the following:
        (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) Except as provided by section 1356(q)(2) of this title or any
    other law, 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 section 1356(m) of this title:
    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 subchapter, shall be paid over to
    the treasury of the Virgin Islands and to the treasury of Guam,
    respectively.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 344, 66 Stat. 264;
    Pub. L. 85-508, Sec. 26, July 7, 1958, 72 Stat. 351; Pub. L. 90-
    609, Sec. 3, Oct. 21, 1968, 82 Stat. 1200; Pub. L. 97-116, Sec.
    16, Dec. 29, 1981, 95 Stat. 1619; Pub. L. 100-459, title II, Sec.
    209(b), Oct. 1, 1988, 102 Stat. 2203; Pub. L. 100-525, Sec. 9(ff),
    Oct. 24, 1988, 102 Stat. 2621; Pub. L. 101-649, title IV, Sec.
    407(c)(20), (d)(19), Nov. 29, 1990, 104 Stat. 5041, 5046; Pub. L.
    102-232, title I, Sec. 102(b)(3), title III, Secs. 305(l),
    309(a)(1)(A)(ii), (b)(14), Dec. 12, 1991, 105 Stat. 1736, 1750,
    1758, 1759; Pub. L. 107-273, div. C, title I, Sec. 11016(1), Nov.
    2, 2002, 116 Stat. 1824.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-273 substituted "Except as
    provided by section 1356(q)(2) of this title or any other law, all"
    for "All".
      1991 - Subsec. (a). Pub. L. 102-232, Sec. 305(l), made technical
    correction to Pub. L. 101-649, Sec. 407(d)(19)(A)(i). See 1990
    Amendment note below.
      Subsec. (c). Pub. L. 102-232, Sec. 309(b)(14), which provided for
    a clarifying amendment to subsec. (c), could not be executed,
    because the phrase which was to be amended did not appear after the
    amendment by Pub. L. 102-232, Sec. 309(a)(1)(A)(ii), see below.
      Pub. L. 102-232, Sec. 309(a)(1)(A)(ii), amended Pub. L. 100-459.
    See 1988 Amendment note for subsec. (g) below.
      Subsec. (f). Pub. L. 102-232, Sec. 102(b)(3), added subsec. (f).
      1990 - Subsec. (a). Pub. L. 101-649, Sec. 407(d)(19)(A)(i), as
    amended by Pub. L. 102-232, Sec. 305(l), substituted "The Attorney
    General" for "The clerk of court".
      Subsec. (a)(1). Pub. L. 101-649, Sec. 407(c)(20), (d)(19)(A)(ii),
    (iii), substituted "an application" for "a petition" and
    "application" for "petition", struck out "final" before "hearing",
    and substituted "the Attorney General" for "the naturalization
    court".
      Subsec. (c). Pub. L. 101-649, Sec. 407(d)(19)(B), (C), (F),
    redesignated subsec. (g) as (c), struck out ", and all fees paid
    over to the Attorney General by clerks of courts under the
    provisions of this subchapter," before "shall be deposited by" and
    "or by the clerks of the courts" before "from applicants residing
    in", and struck out former subsec. (c) which read as follows: "The
    clerk of any naturalization court specified in subsection (a) of
    section 1421 of this title (except the courts specified in
    subsection (d) of this section) shall account for and pay over to
    the Attorney General one-half of all fees up to the sum of $40,000,
    and all fees in excess of $40,000, collected by any such clerk in
    naturalization proceedings in any fiscal year."
      Subsec. (d). Pub. L. 101-649, Sec. 407(c)(20), (d)(19)(B), (D),
    (F), redesignated subsec. (h) as (d), substituted "the Attorney
    General may not" for "no clerk of a United States court shall" and
    "an application" for "a petition", struck out before period at end
    ", and no clerk of any State court shall charge or collect any fee
    for such services unless the laws of the State require such charge
    to be made, in which case nothing more than the portion of the fee
    required to be paid to the State shall be charged or collected. A
    report of all transactions under this subsection shall be made to
    the Attorney General as in the case of other reports required of
    clerks of courts by this subchapter" and struck out former subsec.
    (d) which read as follows: "The clerk of any United States district
    court (except in the District Court of the Virgin Islands of the
    United States and in the District Court of Guam) shall account for
    and pay over to the Attorney General all fees collected by any such
    clerk in naturalization proceedings: Provided, however, That the
    clerk of the District Court of the Virgin Islands of the United
    States and of the District Court of Guam shall report but shall not
    be required to pay over to the Attorney General the fees collected
    by any such clerk in naturalization proceedings."
      Subsec. (e). Pub. L. 101-649, Sec. 407(c)(20), (d)(19)(B), (E),
    (F), redesignated subsec. (i) as (e), substituted "an application"
    for "a petition" and "applicant" for "petitioner" wherever
    appearing, substituted references to Attorney General for
    references to clerk of court wherever appearing, and struck out
    former subsec. (e) which read as follows: "The accounting required
    by subsections (c) and (d) of this section shall be made and the
    fees paid over to the Attorney General by such respective clerks in
    their quarterly accounts which they are required to render to the
    Attorney General within thirty days from the close of each quarter
    of each and every fiscal year, in accordance with regulations
    prescribed by the Attorney General."
      Subsec. (f). Pub. L. 101-649, Sec. 407(d)(19)(B), struck out
    subsec. (f) which read as follows: "The clerks of the various
    naturalization courts shall pay all additional clerical force that
    may be required in performing the duties imposed by this subchapter
    upon clerks of courts from fees retained under the provisions of
    this section by such clerks in naturalization proceedings."
      Subsecs. (g) to (i). Pub. L. 101-649, Sec. 407(d)(19)(F),
    redesignated subsecs. (g) to (i) as (c) to (e), respectively.
      1988 - Subsec. (a). Pub. L. 100-525 substituted "section 9701 of
    title 31" for "title V of the Independent Offices Appropriation
    Act, 1952 (65 Stat. 290)" in introductory provisions.
      Subsec. (g). Pub. L. 100-459, as amended by Pub. L. 102-232, Sec.
    309(a)(1)(A)(ii), inserted "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 section
    1356(m) of this title" after "Treasury of the United States".
      1981 - Subsec. (c). Pub. L. 97-116 substituted "$40,000" for
    "$6,000" in two places.
      1968 - Subsec. (a). Pub. L. 90-609 inserted reference to section
    483a of title 31 and substituted provisions making reference to
    setting of fees by Attorney General for provisions establishing
    fees of $10 and $5 respectively for covered services.
      Subsec. (b). Pub. L. 90-609 struck out provisions setting fixed
    dollar amounts for specified services to be charged, collected, and
    accounted for by Attorney General.
      Subsec. (g). Pub. L. 90-609 substituted fees received under this
    subchapter for fees received under subsec. (b) of this section as
    description of fees received from applicants residing in the Virgin
    Islands of the United States and in Guam which are turned over to
    the treasury of the Virgin Islands and Guam respectively.
      1958 - Subsec. (d). Pub. L. 85-508 struck out "in Alaska and"
    before "in the District Court of the Virgin Islands".

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by section 102(b)(3) of Pub. L. 102-232 effective 30
    days after Dec. 12, 1991, see section 102(c) of Pub. L. 102-232,
    set out as a note under section 1421 of this title.
      Amendment by section 305(l) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.
      Amendment by section 309(a)(1)(A)(ii) of Pub. L. 102-232
    effective as if included in the enactment of the Department of
    Justice Appropriations Act, 1989, Pub. L. 100-459, title II, see
    section 309(a)(3) of Pub. L. 102-232, as amended, set out as a note
    under section 1356 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 applicable to fiscal years beginning
    on or after Oct. 1, 1981, see section 21(b)(2) of Pub. L. 97-116,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                       ADMISSION OF ALASKA AS STATE                   
      Effectiveness of amendment of this section by Pub. L. 85-508 was
    dependent on admission of Alaska into the Union under section 8(b)
    of Pub. L. 85-508. Admission was accomplished Jan. 3, 1959 on
    issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16,
    as required by sections 1 and 8(c) of Pub. L. 85-508. See notes
    preceding former section 21 of Title 48, Territories and Insular
    Possessions.

-End-

-CITE-
    8 USC Sec. 1456                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1456. Repealed.

-MISC1-
    Sec. 1456. Repealed. Pub. L. 86-682, Sec. 12(c), Sept. 2, 1960, 74
      Stat. 708, eff. Sept. 1, 1960.
      Section, act June 27, 1952, ch. 477, title III, ch. 2, Sec. 345,
    66 Stat. 266, related to free transmittal of official mail in
    naturalization matters. See section 3202 of Title 39, Postal
    Service.

-End-

-CITE-
    8 USC Sec. 1457                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1457. Publication and distribution of citizenship textbooks;
      use of naturalization fees

-STATUTE-
      Authorization is granted for the publication and distribution of
    the citizenship textbook described in subsection (b) of section
    1443 of this title and for the reimbursement of the appropriation
    of the Department of Justice upon the records of the Treasury
    Department from the naturalization fees deposited in the Treasury
    through the Service for the cost of such publication and
    distribution, such reimbursement to be made upon statements by the
    Attorney General of books so published and distributed.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 346, 66 Stat. 266.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1458                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1458. Compilation of naturalization statistics and payment for
      equipment

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 2, Sec. 347, 66 Stat. 266.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective 180 days after June 27, 1952, see section 407
    of act June 27, 1952, set out as a note under section 1101 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1459                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part II - Nationality Through Naturalization

-HEAD-
    Sec. 1459. Repealed.

-MISC1-
    Sec. 1459. Repealed. Pub. L. 101-649, title IV, Sec. 407(d)(20),
      Nov. 29, 1990, 104 Stat. 5046.
      Section, acts June 27, 1952, ch. 477, title III, ch. 2, Sec. 348,
    66 Stat. 267; Oct. 24, 1988, Pub. L. 100-525, Sec. 9(gg), 102 Stat.
    2622, related to admissibility in evidence of statements
    voluntarily made to officers and employees in course of their
    official duties and penalties for failure of clerk of court to
    perform duties.

-End-

-CITE-
    8 USC Part III - Loss of Nationality                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
                      PART III - LOSS OF NATIONALITY                  

-End-

-CITE-
    8 USC Sec. 1481                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Sec. 1481. Loss of nationality by native-born or naturalized
      citizen; voluntary action; burden of proof; presumptions

-STATUTE-
      (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
      section 2383 of title 18, or willfully performing any act in
      violation of section 2385 of title 18, or violating section 2384
      of title 18 by engaging in a conspiracy to overthrow, put down,
      or to destroy by force the Government of the United States, or to
      levy war against them, if and when he is convicted thereof by a
      court martial or by a court of competent jurisdiction.

      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 3, Sec. 349, 66 Stat. 267;
    Sept. 3, 1954, ch. 1256, Sec. 2, 68 Stat. 1146; Pub. L. 87-301,
    Sec. 19, Sept. 26, 1961, 75 Stat. 656; Pub. L. 94-412, title V,
    Sec. 501(a), Sept. 14, 1976, 90 Stat. 1258; Pub. L. 95-432, Secs.
    2, 4, Oct. 10, 1978, 92 Stat. 1046; Pub. L. 97-116, Sec. 18(k)(2),
    (q), Dec. 29, 1981, 95 Stat. 1620, 1621; Pub. L. 99-653, Secs. 18,
    19, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525, Secs. 8(m),
    (n), 9(hh), Oct. 24, 1988, 102 Stat. 2618, 2622.)

-REFTEXT-
                            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
    section 1101 of this title.

-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-525, Sec. 9(hh), substituted "A
    person" for "From and after the effective date of this chapter a
    person".
      Subsecs. (a) to (c). Pub. L. 100-525, Sec. 8(m), (n), amended
    Pub. L. 99-653. See 1986 Amendment notes below.
      1986 - Subsec. (a). Pub. L. 99-653, Sec. 18(a), as amended by
    Pub. L. 100-525, Sec. 8(m)(1), inserted "voluntarily performing any
    of the following acts with the intention of relinquishing United
    States nationality" after "his nationality by".
      Subsec. (a)(1). Pub. L. 99-653, Sec. 18(b), substituted "or upon
    an application filed by a duly authorized agent, after having
    attained the age of eighteen years" for "upon an application filed
    in his behalf by a parent, guardian, or duly authorized agent, or
    through the naturalization of a parent having legal custody of such
    person: Provided That nationality shall not be lost by any person
    under this section as the result of the naturalization of a parent
    or parents while such person is under the age of twenty-one years,
    or as the result of a naturalization obtained on behalf of a person
    under twenty-one years of age by a parent, guardian, or duly
    authorized agent, unless such person shall fail to enter the United
    States to establish a permanent residence prior to his twenty-fifth
    birthday: And provided further, That a person who shall have lost
    nationality prior to January 1, 1948, through the naturalization in
    a foreign state of a parent or parents, may, within one year from
    the effective date of this chapter, apply for a visa and for
    admission to the United States as a special immigrant under the
    provisions of section 1101(a)(27)(E) of this title".
      Subsec. (a)(2). Pub. L. 99-653, Sec. 18(c), inserted ", after
    having attained the age of eighteen years" after "political
    subdivision thereof".
      Subsec. (a)(3). Pub. L. 99-653, Sec. 18(d), as amended by Pub. L.
    100-525, Sec. 8(m)(2), substituted "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"
    for "unless, prior to such entry or service, such entry or service
    is specifically authorized in writing by the Secretary of State and
    the Secretary of Defense: Provided, That the entry into such
    service by a person prior to the attainment of his eighteenth
    birthday shall serve to expatriate such person only if there exists
    an option to secure a release from such service and such person
    fails to exercise such option at the attainment of his eighteenth
    birthday; or".
      Subsec. (a)(4). Pub. L. 99-653, Sec. 18(e), (f), as amended by
    Pub. L. 100-525, Sec. 8(m)(3), inserted "after attaining the age of
    eighteen years" after "political subdivision thereof," in subpars.
    (A) and (B).
      Subsecs. (b), (c). Pub. L. 99-653, Sec. 19, as amended by Pub. L.
    100-525, Sec. 8(n), redesignated former subsec. (c) as (b) and
    substituted "Any" for "Except as provided in subsection (b) of this
    section, any", and struck out former subsec. (b) which read as
    follows: "Any person who commits or performs any act specified in
    subsection (a) of this section shall be conclusively presumed to
    have done so voluntarily and without having been subjected to
    duress of any kind, if such person at the time of the act was a
    national of the state in which the act was performed and had been
    physically present in such state for a period or periods totaling
    ten years or more immediately prior to such act."
      1981 - Subsec. (a). Pub. L. 97-116 struck out "(a)" designation
    as added by section 4 of Pub. L. 95-432, which was not executed
    since it would have resulted in a subsec. (a) designation of
    "(a)(a)", and substituted in par. (1) "special immigrant" for
    "nonquota immigrant".
      1978 - Subsec. (a)(5). Pub. L. 95-432, Secs. 2, 4, redesignated
    par. (6) as (5). Former par. (5), which dealt with expatriation of
    persons who voted in a political election in a foreign state or
    participated in an election or plebiscite to determine sovereignty
    over foreign territory, was struck out.
      Subsec. (a)(6), (7). Pub. L. 95-432, Sec. 4, redesignated pars.
    (7) and (9) as (6) and (7), respectively. Former pars. (6) and (7)
    redesignated (5) and (6), respectively.
      Subsec. (a)(8). Pub. L. 95-432, Sec. 2, struck out par. (8) which
    dealt with expatriation of persons who were dismissed or
    dishonorably discharged as result of deserting the military, air,
    or naval forces of the United States in time of war.
      Subsec. (a)(9). Pub. L. 95-432, Sec. 4, redesignated par. (9) as
    (7).
      1976 - Subsec. (a)(10). Pub. L. 94-412 struck out par. (10) which
    dealt with the expatriation of persons who remained outside of the
    jurisdiction of the United States in time of war or national
    emergency to avoid service in the military.
      1961 - Subsec. (c). Pub. L. 87-301 added 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 Pub. L. 100-525 effective as if
    included in the enactment of the Immigration and Nationality Act
    Amendments of 1986, Pub. L. 99-653, see section 309(b)(15) of Pub.
    L. 102-232, set out as an Effective and Termination Dates of 1988
    Amendments note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 23(g) of Pub. L. 99-653, as added by Pub. L. 100-525,
    Sec. 8(r), Oct. 24, 1988, 102 Stat. 2619, provided that: "The
    amendments made by sections 18, 19, and 20 [amending this section
    and section 1483 of this title] shall apply to actions taken
    before, on, or after November 14, 1986."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                                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 Pub. L. 94-412 not to affect any action taken or
    proceeding pending at the time of amendment, see section 501(h) of
    Pub. L. 94-412, set out as a note under section 1601 of Title 50,
    War and National Defense.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
                           RIGHT OF EXPATRIATION                       
      R.S. Sec. 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."

-End-

-CITE-
    8 USC Sec. 1482                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Sec. 1482. Repealed.

-MISC1-
    Sec. 1482. Repealed. Pub. L. 95-432, Sec. 1, Oct. 10, 1978, 92
      Stat. 1046.
      Section, act June 27, 1952, ch. 477, title III, ch. 3, Sec. 350,
    66 Stat. 269, provided that an individual with dual nationality who
    voluntarily claims the benefits of the foreign state nationality
    loses his United States nationality by having continuous residence
    in the foreign state for 3 years after having attained 22 years of
    age unless prior to the 3 year period he takes an oath of
    allegiance to the United States, or his residence in the foreign
    state was for a reason specified in section 1485(1), (2), (4), (5),
    (6), (7), or (8) of this title or section 1486(1) or (2) of this
    title.

                         EFFECTIVE DATE OF REPEAL                     
      Section 1 of Pub. L. 95-432 provided that repeal of this section
    is effective Oct. 10, 1978.

-End-

-CITE-
    8 USC Sec. 1483                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Sec. 1483. Restrictions on loss of nationality

-STATUTE-
      (a) Except as provided in paragraphs (6) and (7) of section
    1481(a) of this title, no national of the United States can lose
    United States nationality under this chapter while within the
    United States or any of its outlying possessions, but loss of
    nationality shall result from the performance within the United
    States or any of its outlying possessions of any of the acts or the
    fulfillment of any of the conditions specified in this Part if and
    when the national thereafter takes up a residence outside the
    United States and its outlying possessions.
      (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 section
    1481(a) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 3, Sec. 351, 66 Stat. 269;
    Pub. L. 97-116, Sec. 18(r), Dec. 29, 1981, 95 Stat. 1621; Pub. L.
    99-653, Sec. 20, Nov. 14, 1986, 100 Stat. 3658; Pub. L. 100-525,
    Sec. 8(o), Oct. 24, 1988, 102 Stat. 2618; Pub. L. 103-416, title I,
    Sec. 105(a), Oct. 25, 1994, 108 Stat. 4308; Pub. L. 104-208, div.
    C, title VI, Sec. 671(b)(3), Sept. 30, 1996, 110 Stat. 3009-721.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208 struck out comma after
    "United States nationality".
      1994 - Pub. L. 103-416 in section catchline substituted "loss of
    nationality" for "expatriation", in subsec. (a) substituted "lose
    United States nationality" for "expatriate himself, or be
    expatriated" and "loss of nationality" for "expatriation", and in
    subsec. (b) substituted "lost United States nationality" for
    "expatriated himself".
      1988 - Subsec. (b). Pub. L. 100-525 amended Pub. L. 99-653. See
    1986 Amendment note below.
      1986 - Subsec. (b). Pub. L. 99-653, as amended by Pub. L. 100-
    525, substituted "paragraphs (3)" for "paragraphs (2), (4),".
      1981 - Subsec. (a). Pub. L. 97-116, Sec. 18(r)(1), substituted
    "paragraphs (6) and (7) of section 1481(a)" for "paragraphs (7),
    (8), and (9) of section 1481".
      Subsec. (b). Pub. L. 97-116, Sec. 18(r)(2), substituted "and (5)"
    for "(5), and (6)".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective as if included in the
    enactment of the Immigration and Nationality Technical Corrections
    Act of 1994, Pub. L. 103-416, see section 671(b)(14) of Pub. L. 104-
    208, set out as a note under section 1101 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in the
    enactment of the Immigration and Nationality Act Amendments of
    1986, Pub. L. 99-653, see section 309(b)(15) of Pub. L. 102-232,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 1101 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-653 applicable to actions taken before,
    on, or after Nov. 14, 1986, see section 23(g) of Pub. L. 99-653,
    set out as a note under section 1481 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section
    21(a) of Pub. L. 97-116, set out as a note under section 1101 of
    this title.

                           RIGHT OF EXPATRIATION                       
      Provisions preserving the right and disavowal of foreign
    allegiance, see note under section 1481 of this title.

-End-

-CITE-
    8 USC Secs. 1484 to 1487                                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Secs. 1484 to 1487. Repealed.

-MISC1-
    Secs. 1484 to 1487. Repealed. Pub. L. 95-432, Sec. 2, Oct. 10,
      1978, 92 Stat. 1046.
      Section 1484, act June 27, 1952, ch. 477, title III, ch. 3, Sec.
    352, 66 Stat. 269, related to loss of nationality by naturalized
    national by continuous residence for 3 years in the territory or
    foreign state of which the individual was a former national or in
    which his place of birth was situated or continuous residence for 5
    years in any other foreign state or states.
      Section 1485, acts June 27, 1952, ch. 477, title III, ch. 3, Sec.
    353, 66 Stat. 270; Aug. 4, 1959, Pub. L. 86-129, Sec. 1, 73 Stat.
    274, provided exceptions for certain persons from loss of
    nationality pursuant to section 1484.
      Section 1486, acts June 27, 1952, ch. 477, title III, ch. 3, Sec.
    354, 66 Stat. 271; Aug. 4, 1959, Pub. L. 86-129, Secs. 2, 3, 73
    Stat. 274; Sept. 26, 1961, Pub. L. 87-301, Sec. 20, 75 Stat. 656,
    provided exceptions for certain persons from loss of nationality by
    continuous residence for five years in any foreign country of which
    the individual was not a national or in which his place of birth
    was situated.
      Section 1487, act June 27, 1952, ch. 477, title III, ch. 3, Sec.
    355, 66 Stat. 272, related to loss of American nationality through
    expatriation of parents.

-End-

-CITE-
    8 USC Sec. 1488                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Sec. 1488. Nationality lost solely from performance of acts or
      fulfillment of conditions

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 3, Sec. 356, 66 Stat. 272.)

-End-

-CITE-
    8 USC Sec. 1489                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part III - Loss of Nationality

-HEAD-
    Sec. 1489. Application of treaties; exceptions

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 3, Sec. 357, 66 Stat. 272;
    Pub. L. 100-525, Sec. 9(ii), Oct. 24, 1988, 102 Stat. 2622.)

-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-525 substituted "before December 25, 1952" for
    "upon the effective date of this subchapter".

-End-

-CITE-
    8 USC Part IV - Miscellaneous                               01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part IV - Miscellaneous

-HEAD-
                          PART IV - MISCELLANEOUS                      

-End-

-CITE-
    8 USC Sec. 1501                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part IV - Miscellaneous

-HEAD-
    Sec. 1501. Certificate of diplomatic or consular officer of United
      States as to loss of American nationality

-STATUTE-
      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
    section 1503 of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 4, Sec. 358, 66 Stat. 272;
    Pub. L. 103-416, title I, Sec. 106, Oct. 25, 1994, 108 Stat. 4309.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter IV of the Nationality Act of 1940, as amended, referred
    to in text, which was classified to sections 800 to 810 of this
    title, was repealed by section 403(a)(42) of act June 27, 1952.

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 100 of this title.

-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-416 inserted at end "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 section 1503 of this
    title."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1502                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part IV - Miscellaneous

-HEAD-
    Sec. 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

-STATUTE-
      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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 4, Sec. 359, 66 Stat. 273.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 101 of this title.

-End-

-CITE-
    8 USC Sec. 1503                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part IV - Miscellaneous

-HEAD-
    Sec. 1503. Denial of rights and privileges as national

-STATUTE-
    (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 section 2201 of title 28 against the head of such
    department or independent agency for a judgment declaring him to be
    a national of the United States, except that no such action may be
    instituted in any case if the issue of such person's status as a
    national of the United States (1) arose by reason of, or in
    connection with any removal proceeding under the provisions of this
    chapter or any other act, or (2) is in issue in any such removal
    proceeding. An action under this subsection may be instituted only
    within five years after the final administrative denial of such
    right or privilege and shall be filed in the district court of the
    United States for the district in which such person resides or
    claims a residence, and jurisdiction over such officials in such
    cases is conferred upon those courts.
    (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 denied admission to the United States shall be
    subject to all the provisions of this chapter relating to aliens
    seeking admission to the United States.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 4, Sec. 360, 66 Stat. 273;
    Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(P), Sept. 30,
    1996, 110 Stat. 3009-619.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(d)(4)(P)(i),
    substituted "removal" for "exclusion" in two places.
      Subsec. (c). Pub. L. 104-208, Sec. 308(d)(4)(P)(ii), substituted
    "denied admission" for "excluded from admission".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1504                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER III - NATIONALITY AND NATURALIZATION
    Part IV - Miscellaneous

-HEAD-
    Sec. 1504. Cancellation of United States passports and Consular
      Reports of Birth

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title III, ch. 4, Sec. 361, as added Pub.
    L. 103-416, title I, Sec. 107(a), Oct. 25, 1994, 108 Stat. 4309.)

-End-

-CITE-
    8 USC SUBCHAPTER IV - REFUGEE ASSISTANCE                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
                    SUBCHAPTER IV - REFUGEE ASSISTANCE                

-End-

-CITE-
    8 USC Sec. 1521                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
    Sec. 1521. Office of Refugee Resettlement; establishment;
      appointment of Director; functions

-STATUTE-
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title IV, ch. 2, Sec. 411, as added Pub.
    L. 96-212, title III, Sec. 311(a)(2), Mar. 17, 1980, 94 Stat. 110;
    amended Pub. L. 103-236, title I, Sec. 162(n)(1), Apr. 30, 1994,
    108 Stat. 409.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-236 substituted "the Secretary of
    State" for "and under the general policy guidance of the United
    States Coordinator for Refugee Affairs (hereinafter in this
    subchapter referred to as the 'Coordinator')".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                              EFFECTIVE DATE                          
      Subchapter applicable with respect to fiscal years beginning on
    or after Oct. 1, 1979, see section 313 of Pub. L. 96-212, set out
    as a note under section 1522 of this title.

                    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 section 1101 of this title.

    REFERENCES TO SECRETARY OF EDUCATION OR SECRETARY OF DEPARTMENT OF
                         HEALTH AND HUMAN SERVICES
      Section 204(e) of Pub. L. 96-212 provided that: "Any reference in
    this Act [see Short Title of 1980 Amendment note set out under
    section 1101 of this title] or in chapter 2 of title IV of the
    Immigration and Nationality Act [this subchapter] to the Secretary
    of Education or the Secretary of Health and Human Services or to
    the Department of Health and Human Services shall be deemed, before
    the effective date of the Department of Education Organization Act
    [see Effective Date note set out under section 3401 of Title 20,
    Education], to be a reference to the Secretary of Health,
    Education, and Welfare or to the Department of Health, Education,
    and Welfare, respectively."

           CONGRESSIONAL DECLARATION OF POLICIES AND OBJECTIVES       
      Section 101 of Pub. L. 96-212 provided that:
      "(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 section 1101 of this title] are to
    provide a permanent and systematic procedure for the admission to
    this country of refugees of special humanitarian concern to the
    United States, and to provide comprehensive and uniform provisions
    for the effective resettlement and absorption of those refugees who
    are admitted."

-End-

-CITE-
    8 USC Sec. 1522                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
    Sec. 1522. Authorization for programs for domestic resettlement of
      and assistance to refugees

-STATUTE-
    (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 section 1157(c)(2) of this title.
    (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 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 U.S.C. App. 1211 et seq.] and
    section 1524(b) of this title) regulating the making, performance,
    amendment, or modification of contracts and the expenditure of
    funds of the United States Government as the Secretary may specify.
      (4) The Secretary 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 section 106 of the Job
    Training Partnership Act.
      (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 [42 U.S.C. 620 et seq.]
    prescribes for the availability of such services to any other child
    in that State).
      (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
    program funded under part A of title IV or under title XIX of the
    Social Security Act [42 U.S.C. 601 et seq., 1396 et seq.], or for
    supplemental security income benefits (including State
    supplementary payments) under the program established under title
    XVI of that Act [42 U.S.C. 1381 et seq.], funds authorized under
    this subsection shall only be used for the non-Federal share of
    such aid or assistance, or for such supplementary payments, with
    respect to cash and medical assistance provided with respect to
    such refugee under this paragraph.
      (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 [42 U.S.C. 1396 et seq.] on account of any resources or income
    requirement of such plan, but only if the Director determines that -
     
        (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 [42 U.S.C. 1396 et seq., 601 et
    seq.].
      (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 section
    1524(a) of this title, part A of title IV of the Social Security
    Act [42 U.S.C. 601 et seq.], or title XIX of such Act [42 U.S.C.
    1396 et seq.], may be used for the purpose of implementing and
    evaluating alternative projects under this paragraph.
      (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.

-SOURCE-
    (June 27, 1952, ch. 477, title IV, ch. 2, Sec. 412, as added Pub.
    L. 96-212, title III, Sec. 311(a)(2), Mar. 17, 1980, 94 Stat. 111;
    amended Pub. L. 97-363, Secs. 3(a), 4-6, Oct. 25, 1982, 96 Stat.
    1734-1736; Pub. L. 98-164, title X, Sec. 1011(b), Nov. 22, 1983, 97
    Stat. 1061; Pub. L. 98-473, title I, Sec. 101(d), Oct. 12, 1984, 98
    Stat. 1876, 1877; Pub. L. 99-605, Secs. 3-5(c), 6(a), (b), (d), 8,
    9(a), (b), 10, 12, 13, Nov. 6, 1986, 100 Stat. 3449-3451, 3453-
    3455; Pub. L. 100-525, Sec. 6(b), Oct. 24, 1988, 102 Stat. 2616;
    Pub. L. 103-236, title I, Sec. 162(n)(2), Apr. 30, 1994, 108 Stat.
    409; Pub. L. 103-416, title II, Sec. 219(x), Oct. 25, 1994, 108
    Stat. 4318; Pub. L. 104-193, title I, Sec. 110(s)(3), Aug. 22,
    1996, 110 Stat. 2175; Pub. L. 104-208, div. C, title VI, Sec.
    671(e)(7), Sept. 30, 1996, 110 Stat. 3009-723.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Renegotiation Act of 1951, referred to in subsec. (b)(3), is
    act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which was
    classified principally to section 1211 et seq. of Title 50,
    Appendix, War and National Defense, prior to its omission from the
    Code. See note preceding section 1211 of Title 50, Appendix.
      Section 106 of the Job Training Partnership Act, referred to in
    subsec. (c)(1)(C), which was classified to section 1516 of Title
    29, Labor, was repealed by Pub. L. 105-220, title I, Sec.
    199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. 1059, effective July
    1, 2000. Pursuant to section 2940(b) of Title 29, references to a
    provision of the Job Training Partnership Act, effective Aug. 7,
    1998, are deemed to refer to that provision or the corresponding
    provision of the Workforce Investment Act of 1998, Pub. L. 105-220,
    Aug. 7, 1998, 112 Stat. 936, and effective July 1, 2000, are deemed
    to refer to the corresponding provision of the Workforce Investment
    Act of 1998. For complete classification of the Workforce
    Investment Act of 1998 to the Code, see Short Title note set out
    under section 9201 of Title 20, Education, and Tables.
      The Social Security Act, referred to in subsecs. (d)(2)(B)(i) and
    (e)(4), (5), (7)(B), (D), is act Aug. 14, 1935, ch. 531, 49 Stat.
    620, as amended. Parts A and B of title IV of the Social Security
    Act are classified generally to part A (Sec. 601 et seq.) and part
    B (Sec. 620 et seq.) of subchapter IV of chapter 7 of Title 42, The
    Public Health and Welfare. Titles XVI and XIX of the Social
    Security Act are classified generally to subchapters XVI (Sec. 1381
    et seq.) and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of
    Title 42. For complete classification of this Act to the Code, see
    section 1305 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(3). Pub. L. 104-208 struck out comma after "is
    authorized".
      Subsec. (b)(4). Pub. L. 104-208 struck out comma after "The
    Secretary" in introductory provisions.
      Subsec. (e)(4). Pub. L. 104-193 substituted "State program
    funded" for "State plan approved".
      1994 - Subsec. (a)(2)(A). Pub. L. 103-236, Sec. 162(n)(2)(A),
    struck out ", together with the Coordinator," after "subsection
    (b)(1) of this section".
      Subsec. (b)(3), (4). Pub. L. 103-236, Sec. 162(n)(2)(B), struck
    out "in consultation with the Coordinator," after "Secretary is
    authorized," in par. (3) and after "The Secretary," in par. (4).
      Subsec. (e)(7)(C). Pub. L. 103-236, Sec. 162(n)(2)(C), struck out
    ", in consultation with the United States Coordinator for Refugee
    Affairs," after "The Secretary".
      Subsec. (e)(7)(D). Pub. L. 103-416 struck out "paragraph (1) or
    (2) of" after "appropriated under".
      1988 - Subsecs. (f)(5), (g). Pub. L. 100-525 redesignated subsec.
    (g) as (f)(5) and substituted "all other appropriate Federal
    officials and all appropriate State and county officials referred
    to in paragraph (2)" for "all appropriate Federal, State, and
    county officials referred to in section 13 of this Act", "Cuban
    nationals described in paragraph (1)" for "such persons defined in
    subsection (f)(1) of this section" and "authorized to carry out
    this subsection" for "hereafter authorized by this section".
      1986 - Subsec. (a)(2)(A). Pub. L. 99-605, Sec. 4(1), inserted
    "and the Federal agency administering subsection (b)(1) of this
    section" after "The Director", "(not less often than quarterly)"
    after "shall consult regularly", and "before their placement in
    those States and localities" after "States and localities".
      Subsec. (a)(2)(C)(iii). Pub. L. 99-605, Sec. 4(2), added cl.
    (iii).
      Subsec. (a)(2)(D). Pub. L. 99-605, Sec. 4(3), added subpar. (D).
      Subsec. (a)(4). Pub. L. 99-605, Sec. 12, designated existing
    provision as subpar. (A), redesignated existing subpars. (A) and
    (B) as cls. (i) and (ii), respectively, and added subpars. (B) and
    (C).
      Subsec. (a)(9). Pub. L. 99-605, Sec. 3(b), inserted ", the
    Secretary of Education, the Attorney General," after "The
    Secretary".
      Subsec. (b)(1)(A). Pub. L. 99-605, Sec. 5(b)(2), struck out
    provisions which related to requirement in grants and contracts
    that agency provide notice to appropriate welfare office that
    refugee is offered employment, provide notice to the refugee about
    notice to the welfare office, and assure that refugees with medical
    conditions affecting public health and requiring treatment report
    to appropriate health agency in area of resettlement.
      Subsec. (b)(6). Pub. L. 99-605, Sec. 5(a), amended par. (6)
    generally, substituting "shall directly conduct an annual financial
    audit" for "shall conduct an annual audit", and "grant or contract
    made under paragraph (1) for fiscal year 1986 and for fiscal year
    1987" for "grants and contracts made under this subsection".
      Subsec. (b)(7). Pub. L. 99-605, Sec. 5(b)(1), added par. (7).
      Subsec. (b)(8). Pub. L. 99-605, Sec. 5(c), added par. (8).
      Subsec. (c)(1). Pub. L. 99-605, Sec. 6(a), designated existing
    provision as par. (1)(A), redesignated former pars. (1) to (3) as
    cls. (i) to (iii), respectively, and added subpar. (B).
      Subsec. (c)(1)(C). Pub. L. 99-605, Sec. 6(b), added subpar. (C).
      Subsec. (c)(2). Pub. L. 99-605, Sec. 8(a), added par. (2).
      Subsec. (d)(1). Pub. L. 99-605, Sec. 3(a), substituted "Secretary
    of Education" for "Director".
      Subsec. (e)(2)(A). Pub. L. 99-605, Sec. 9(a)(1), struck out
    provisions following cl. (iii) which related to termination of cash
    assistance to refugee with month in which refugee refuses offer of
    employment or participation in social service program.
      Subsec. (e)(2)(A)(i). Pub. L. 99-605, Sec. 6(d), substituted
    "(c)(1)(A)(i)" for "(c)(1)".
      Subsec. (e)(2)(A)(ii). Pub. L. 99-605, Sec. 8(b), inserted "or
    targeted assistance" after "social service".
      Subsec. (e)(2)(C). Pub. L. 99-605, Sec. 9(a)(2), added subpar.
    (C).
      Subsec. (e)(7)(A). Pub. L. 99-605, Sec. 10, inserted provisions
    which related to alternative projects for specific groups of
    refugees in the United States 36 months or longer if determined to
    be disproportionately dependent on welfare.
      Subsec. (e)(8). Pub. L. 99-605, Sec. 9(b), added par. (8).
      Subsecs. (f), (g). Pub. L. 99-605, Sec. 13, added subsecs. (f)
    and (g).
      1984 - Subsec. (e)(7). Pub. L. 98-473 added par. (7).
      1983 - Subsec. (b)(1)(B). Pub. L. 98-164 struck out first
    sentence directing the President to provide for a study of which
    agency is best able to administer the program of initial
    resettlement and to report to the Congress, not later than Mar. 1,
    1981, on that study, and "after such study" after "If the President
    determines".
      1982 - Subsec. (a)(1)(A). Pub. L. 97-363, Sec. 3(a)(1), (2),
    designated existing provisions of par. (1) as subpar. (A) and
    redesignated existing cls. (A) through (D) as (i) through (iv),
    respectively.
      Subsec. (a)(1)(B). Pub. L. 97-363, Sec. 3(a)(3), added subpar.
    (B).
      Subsec. (a)(2)(A). Pub. L. 97-363, Sec. 4(a)(1), designated
    existing provisions of par. (2) as subpar. (A).
      Subsec. (a)(2)(B), (C). Pub. L. 97-363, Sec. 4(a)(2), added
    subpars. (B) and (C).
      Subsec. (a)(3). Pub. L. 97-363, Sec. 4(b), inserted provision
    that the Director shall compile and maintain data on secondary
    migration of refugees within the Untied States and, by State of
    residence and nationality, on the proportion of refugees receiving
    cash or medical assistance described in subsec. (e) of this
    section.
      Subsec. (b)(1)(A). Pub. L. 97-363, Sec. 5(1), struck out
    provision that the Secretary of State and the Director shall
    jointly monitor the assistance provided during fiscal years 1980
    and 1981 under this paragraph.
      Pub. L. 97-363, Sec. 5(2), inserted provision relating to period
    for expenditure of funds provided under grants and contracts and
    the inclusion in such grants and contracts of requirements for
    notification by the agency in the event of employment offers to the
    refugee and assurance that refugees identified under par. (4)(B)
    will report to appropriate health agencies upon resettlement.
      Subsec. (b)(5). Pub. L. 97-363, Sec. 5(3), added par. (5).
      Subsec. (b)(6). Pub. L. 97-363, Sec. 5(4), added par. (6).
      Subsec. (e)(1). Pub. L. 97-363, Sec. 6(a), struck out "up to"
    before "100 per centum".
      Subsec. (e)(2). Pub. L. 97-363, Sec. 6(b), redesignated existing
    provisions of par. (2) as subpar. (A), redesignated former subpars.
    (A) and (B) as cls. (i) and (iii), respectively, added cl. (ii),
    inserted provision that cash assistance be cut off, after
    opportunity for hearing, to a refugee who refuses appropriate offer
    of employment or participation in available social service program,
    and added subpar. (B).
      Subsec. (e)(6). Pub. L. 97-363, Sec. 6(c), added par. (6).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective July 1, 1997, with
    transition rules relating to State options to accelerate such date,
    rules relating to claims, actions, and proceedings commenced before
    such date, rules relating to closing out of accounts for terminated
    or substantially modified programs and continuance in office of
    Assistant Secretary for Family Support, and provisions relating to
    termination of entitlement under AFDC program, see section 116 of
    Pub. L. 104-193, as amended, set out as an Effective Date note
    under section 601 of Title 42, The Public Health and Welfare.

                     EFFECTIVE DATE OF 1994 AMENDMENTS                 
      Amendment by Pub. L. 103-416 effective as if included in the
    enactment of the Immigration Act of 1990, Pub. L. 101-649, see
    section 219(dd) of Pub. L. 103-416, set out as a note under section
    1101 of this title.
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 6(c) of Pub. L. 100-525 provided that: "The amendments
    made by this section [amending this section and section 1524 of
    this title] shall be effective as if they were included in the
    enactment of the Refugee Assistance Extension Act of 1986 [Pub. L.
    99-605]."

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Section 5(d) of Pub. L. 99-605 provided that:
      "(1) Section 412(b)(7) (other than subparagraphs (B)(i), (C), and
    (D)) of the Immigration and Nationality Act [8 U.S.C. 1522(b)(7)],
    as added by subsection (b)(1) of this section, shall apply to
    grants and contracts made or renewed after the end of the 30-day
    period beginning on the date of the enactment of this Act [Nov. 6,
    1986].
      "(2) Section 412(b)(7)(D) of the Immigration and Nationality Act
    [8 U.S.C. 1522(b)(7)], as added by subsection (b)(1) of this
    section, shall apply to grants and contracts made or renewed after
    the end of the six-month period beginning on the date of the
    enactment of this Act [Nov. 6, 1986].
      "(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 Pub. L. 99-605 provided that: "The amendment made
    by subsection (a) [amending this section] shall apply to
    allocations of funds for fiscal years beginning with fiscal year
    1987."
      Section 9(c) of Pub. L. 99-605 provided that: "The amendments
    made by subsection (a) of this section [amending this section]
    shall apply to aliens entering the United States as refugees on or
    after the first day of the first calendar quarter that begins more
    than 90 days after the date of the enactment of this Act [Nov. 6,
    1986]."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Section 101(d) of Pub. L. 98-473 provided in part that: "The
    amendment made by this paragraph [amending this section] shall take
    effect on October 1, 1984."

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Section 8 of Pub. L. 97-363 provided that: "The amendments made
    by - 
        "(1) sections 3(b), 4, 5(3), 5(4), 6(a), and 7 [amending this
      section and section 1523 of this title] take effect on October 1,
      1982, 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 Pub. L. 96-212 provided
    that:
      "(a) Except as otherwise provided in this section, the amendments
    made by this part [enacting sections 1521 to 1524 of this title,
    amending section 2601 of Title 22, Foreign Relations and
    Intercourse, and repealing provisions set out as a note under
    section 2601 of Title 22] shall apply to fiscal years beginning on
    or after October 1, 1979.
      "(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 [22 U.S.C. 2601(b)] before October
    1, 1978, the Director of the Office of Refugee Resettlement is
    authorized - 
        "(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 [42 U.S.C. 1381 et seq.].
      "(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 chapter 2 of title IV of such Act
    [this subchapter] after October 1, 1980, or such earlier date as
    the Director of the Office of Refugee Resettlement may establish."

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
            MAINTAINING FUNDING LEVEL OF MATCHING GRANT PROGRAM        
      Section 7 of Pub. L. 99-605 provided that:
      "(a) Maintaining Funding Level. - Subject to the availability of
    appropriations, the Director of the Office of Refugee Resettlement
    shall not reduce the maximum average Federal contribution level per
    refugee in the matching grant program and shall not increase the
    percentage grantee matching requirement under that program below
    the level, or above the percentage, in effect under the program for
    grants in fiscal year 1985.
      "(b) Matching Grant Program. - The 'matching grant program'
    referred to in subsection (a) is the voluntary agency program which
    is known as the matching grant program and is funded under section
    412(c) of the Immigration and Nationality Act [8 U.S.C. 1522(c)]."

       REIMBURSEMENT TO STATE AND LOCAL PUBLIC AGENCIES FOR EXPENSES
      INCURRED FOR PROVIDING SOCIAL SERVICES TO APPLICANTS FOR ASYLUM
      Section 401 of Pub. L. 96-212, as amended by Pub. L. 104-208,
    div. C, title III, Sec. 308(d)(4)(S), Sept. 30, 1996, 110 Stat.
    3009-619, provided that:
      "(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 [8 U.S.C.
    1524(a)] to reimburse State and local public agencies for expenses
    which those agencies incurred, at any time, in providing aliens
    described in subsection (c) of this section with social services of
    the types for which reimbursements were made with respect to
    refugees under paragraphs (3) through (6) of section 2(b) of the
    Migration and Refugee Assistance Act of 1962 (as in effect prior to
    the enactment of this Act) [22 U.S.C. 2601(b)(3) to (6)] or under
    any other Federal law.
      "(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 removal has not been entered."

     ELIGIBILITY OF CERTAIN CUBAN-HAITIAN ENTRANTS ENTERING AFTER NOV.
                                  1, 1979
      Pub. L. 97-35, title V, Secs. 543(a)(2), 547, Aug. 13, 1981, 95
    Stat. 459, 463, eff. Oct. 1, 1981, provided that: "For purposes of
    the Refugee Education Assistance Act of 1980 [set out below], an
    alien who entered the United States on or after November 1, 1979,
    and is in the United States with the immigration status of a Cuban-
    Haitian entrant (status pending) shall be considered to be an
    eligible participant (within the meaning of section 101(3) of such
    Act) but only during the 36-month period beginning with the first
    month in which the alien entered the United States as such an
    entrant or otherwise first acquired such status."

      CUBAN REFUGEES; INCARCERATION AND DEPORTATION OF CERTAIN CUBANS  
      Pub. L. 96-533, title VII, Sec. 716, Dec. 16, 1980, 94 Stat.
    3162, provided that: "The Congress finds that the United States
    Government has already incarcerated recently arrived Cubans who are
    admitted criminals, are security threats, or have incited civil
    disturbances in Federal processing facilities. The Congress urges
    the Executive branch, consistent with United States law, to seek
    the deportation of such individuals."

                 REFUGEE EDUCATION ASSISTANCE ACT OF 1980             
      Pub. L. 96-422, Oct. 10, 1980, 94 Stat. 1799, as amended by Pub.
    L. 96-424, Oct. 10, 1980, 94 Stat. 1820; Pub. L. 97-35, title V,
    Secs. 543(a)(1), (b)-(d), 544-547, Aug. 13, 1981, 95 Stat. 459-463,
    eff. Oct. 1, 1981; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
    2095; Pub. L. 103-382, title III, Sec. 391(a), Oct. 20, 1994, 108
    Stat. 4021; Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(T),
    Sept. 30, 1996, 110 Stat. 3009-619; Pub. L. 105-220, title II, Sec.
    251(b)(1), Aug. 7, 1998, 112 Stat. 1079; Pub. L. 105-277, div. A,
    Sec. 101(f) [title VIII, Sec. 405(d)(5), (f)(5)], Oct. 21, 1998,
    112 Stat. 2681-337, 2681-419, 2681-430; Pub. L. 107-110, title X,
    Sec. 1076(d), Jan. 8, 2002, 115 Stat. 2091, provided: "That this
    Act may be cited as the 'Refugee Education Assistance Act of 1980'.

                       "TITLE I - GENERAL PROVISIONS                   

                               "DEFINITIONS                           
      "Sec. 101. As used in this Act - 
        "(1) The terms 'elementary school', 'local educational agency',
      'secondary school', 'State', and 'State educational agency' have
      the meanings given such terms under section 9101 of the
      Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801].
        "(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 [26 U.S.C. 501(c)(3)].
        "(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
        [section 1157 of this title];
          "(B) has been paroled into the United States as a refugee by
        the Attorney General pursuant to section 212(d)(5) of such Act
        [section 1182(d)(5) of this title];
          "(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         
      "Sec. 102. (a) There are authorized to be appropriated for each
    of the fiscal years 1981, 1982, and 1983, but only in a lump sum
    for all programs under this Act, subject to allocation in
    accordance with subsection (b), such sums as may be necessary to
    make payments to which State educational agencies are entitled
    under this Act and payments for administration under section 104.
      "(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                
      "Sec. 103. (a) The jurisdictions to which this section applies
    are Guam, American Samoa, the Virgin Islands, the Northern Mariana
    Islands, and the Trust Territory of the Pacific Islands.
      "(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                    
      "Sec. 104. The Secretary is authorized to pay to each State
    educational agency amounts equal to the amounts expended by it for
    the proper and efficient administration of its functions under this
    Act, except that the total of such payments or any period shall not
    exceed 2 percent of the amount which that State educational agency
    receives for that period under this Act.

                               "WITHHOLDING                           
      "Sec. 105. Whenever the Secretary, after reasonable notice and
    opportunity for a hearing to any State educational agency, finds
    that there is a failure to meet the requirements of any title of
    this Act, the Secretary shall notify that agency that further
    payments will not be made to the agency under such title, or in the
    discretion of the Secretary, that the State educational agency
    shall not make further payments under such title to specified local
    education agencies or other entities (in the case of funds under
    title IV) whose actions cause or are involved in such failure until
    the Secretary is satisfied that there is no longer any such failure
    to comply. Until the Secretary is so satisfied, no further payments
    shall be made to the State educational agency under such title, or
    payments by the State educational agency under such title shall be
    limited to local educational agencies or other entities (in the
    case of funds under title IV) whose actions did not cause or were
    not involved in the failure, as the case may be.

                     "CONSULTATION WITH OTHER AGENCIES                 
      "Sec. 106. To the extent that may be appropriate to facilitate
    the determination of the amount of any reductions under sections
    201(b)(2), 301(b)(3), and 401(b)(2), the Secretary shall consult
    with the heads of other agencies providing assistance to eligible
    participants in order to secure information concerning the
    disbursement of funds for educational purposes under programs
    administered by them and provide, wherever feasible, for
    coordination among those programs and the programs under titles II
    through IV of this Act.

       "TITLE II - GENERAL ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES   

                            "STATE ENTITLEMENTS                        
      "Sec. 201. (a) The Secretary shall, in accordance with the
    provisions of this title, make grants to State educational agencies
    for fiscal year 1981, and for each subsequent fiscal year, for the
    purposes of assisting local educational agencies of that State in
    providing basic education for eligible participants enrolled in
    elementary or secondary public schools. Payments made under this
    title to any State shall be used in accordance with applications
    approved under section 202 for public educational services for
    eligible participants enrolled in the elementary and secondary
    public schools under the jurisdiction of the local educational
    agencies of that State.
      "(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                           
      "Sec. 202. (a) No State educational agency shall be entitled to
    any payment under this title for any period unless that agency
    submits an application to the Secretary at such time, in such
    manner, and containing or accompanied by such information, as the
    Secretary may reasonably require. Each such application shall - 
        "(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                   
      "Sec. 203. (a) The Secretary shall pay to each State educational
    agency having an application approved under section 202 the amount
    which that State is entitled to receive under this title.
      "(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                        
      "Sec. 301. (a) The Secretary shall, in accordance with the
    provisions of this title, make payments to State educational
    agencies for fiscal year 1981, and for each subsequent fiscal year
    for the purpose set forth in section 302.
      "(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 20 U.S.C. 238(b) and
    (c)(2)(B)], relating to Federal impact aid, subject to paragraph
    (5) of this subsection.
      "(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                          
      "Sec. 302. (a) Payments made under this title to any State may be
    used in accordance with applications approved under section 303 for
    supplementary educational services and costs, as described under
    subsection (b) of this section, for eligible participants enrolled
    in the elementary and secondary public schools under the
    jurisdiction of the local educational agencies of the State
    described in section 301(b)(2) and in elementary and secondary
    nonpublic schools of that State within the districts served by such
    agencies.
      "(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                           
      "Sec. 303. (a) No State educational agency shall be entitled to
    any payment under this title for any period unless that agency
    submits an application to the Secretary at such time, in such
    manner, and containing or accompanied by such information, as the
    Secretary may reasonably require. Each such application shall - 
        "(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                             
      "Sec. 304. (a) The Secretary shall pay to each State educational
    agency having an application approved under section 303 the amount
    which that State is entitled to receive under this title.
      "(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                        
      "Sec. 401. (a) The Secretary shall, in accordance with the
    provisions of this title, make payments to State educational
    agencies for fiscal year 1982, and for each subsequent fiscal year
    for the purposes of providing for the operation of adult education
    programs as described under section 402 for eligible participants
    aged 16 or older. Payments made under this title to any State shall
    be used in accordance with applications approved under section 403.
      "(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                           
      "Sec. 402. (a) Funds made available to State educational agencies
    under this title shall be used by such agencies to provide for
    programs of adult education and adult basic education to eligible
    participants aged 16 or older in need for such services who are not
    enrolled in elementary or secondary public schools under the
    jurisdiction of local educational agencies. Such programs may be
    provided directly by the State educational agency, or such agency
    may make grants, or enter into contracts, with local educational
    agencies, and other public or private nonprofit agencies,
    organizations, or institutions to provide for such programs. Funds
    available under this title may be used for - 
        "(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 Job Training
      Partnership Act [29 U.S.C. 1501 et seq.] or title I of the
      Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or
      under the Vocational Education Act of 1963 [now Carl D. Perkins
      Career and Technical Education Act of 2006] [20 U.S.C. 2301 et
      seq.].
      "[(b) Repealed. Pub. L. 105-220, title II, Sec. 251(b)(1), Aug.
    7, 1998, 112 Stat. 1079.]
      "(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                           
      "Sec. 403. (a) No State educational agency shall be entitled to
    any payment under this title for any period unless that agency
    submits an application to the Secretary at such time, in such
    manner, and containing or accompanied by such information, as the
    Secretary may reasonably require. Each such application shall - 
        "(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          
      "Sec. 501. (a)(1) The President shall exercise authorities with
    respect to Cuban and Haitian entrants which are identical to the
    authorities which are exercised under chapter 2 of title IV of the
    Immigration and Nationality Act [8 U.S.C. 1521 et seq.]. The
    authorizations provided in section 414 of that Act [8 U.S.C. 1524]
    shall be available to carry out this section without regard to the
    dollar limitation contained in section 414(a)(2).
      "(2) Any reference in chapter III of title I of the Supplemental
    Appropriations and Rescission Act, 1980 [Pub. L. 96-304, July 8,
    1980, 94 Stat. 857, 865], to section 405(c)(2) of the International
    Security and Development Assistance Act of 1980 or to the
    International Security Act of 1980 shall be construed to be a
    reference to paragraph (1) of this subsection.
      "(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 [8 U.S.C. 1101 et seq.]) with
    respect to individuals admitted to the United States under section
    207(c) of the Immigration and Nationality Act [8 U.S.C. 1157(c)]
    shall be granted in the same manner and to the same extent with
    respect to Cuban and Haitian entrants.
      "(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
    [42 U.S.C. 4321 et seq.].
      "(4) Funds to carry out this subsection may be available until
    expended.
      "(5) [Repealed. Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820.]
      "(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 [8 U.S.C. 1101 et seq.];
            "(ii) is the subject of removal 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 removal has not been entered."
      [Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
    405(f)(5), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-430,
    2681-435, which provided that, effective July 1, 2000, section
    402(a)(4) of Pub. L. 96-422, set out above, is amended by striking
    "the Comprehensive Employment and Training Act of 1973" and
    inserting "the Job Training Partnership Act or", probably intended
    to strike "the Job Training Partnership Act or" before "title I
    of".]
      [Pub. L. 96-424, Oct. 10, 1980, 94 Stat. 1820, provided in part
    that the repeal of section 501(c)(5) of Pub. L. 96-422, set out
    above, is effective Oct. 11, 1980.]
      [Pub. L. 97-35, title V, subtitle C, Sec. 547, Aug. 13, 1981, 95
    Stat. 463, provided that: "This subtitle [repealing sections 239a
    and 1211b of Title 20, Education, amending the Refugee Assistance
    Act of 1980, set out above, and repealing provisions set out as a
    note under section 1211b of Title 20] shall take effect on October
    1, 1981."]
      [For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.]

               CONSOLIDATED REFUGEE EDUCATION ASSISTANCE ACT           
      Pub. L. 97-35, title V, Sec. 541, Aug. 13, 1981, 95 Stat. 458,
    provided that: "This subtitle [subtitle C (Secs. 541-546),
    repealing sections 239a and 1211b of Title 20, Education, amending
    the Refugee Education Assistance Act of 1980, set out above, and
    repealing provisions set out as a note under section 1211b of Title
    20] may be cited as the 'Consolidated Refugee Education Assistance
    Act'."

-EXEC-
                         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 Pub. L. 96-422, set out above, was revoked by Ex.
    Ord. No. 12251, Nov. 15, 1980, 45 F.R. 76085, formerly set out
    below.

                         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, as amended by
    Ex. Ord. No. 13286, Sec. 48, Feb. 28, 2003, 68 F.R. 10628,
    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 (8 U.S.C. 1522 note) and Section 301 of Title 3 of the
    United States Code, and to reassign some responsibilities for
    providing assistance to Cuban and Haitian entrants, it is hereby
    ordered as follows:
      Section 1. The functions vested in the President by Sections
    501(a) and (b) of the Refugee Education Assistance Act of 1980,
    hereinafter referred to as the Act (8 U.S.C. 1522 note), are
    delegated to the Secretary of Health and Human Services.
      Sec. 2. The Secretary of Homeland Security shall ensure that
    actions are taken to provide such assistance to Cuban and Haitian
    entrants as provided for by Section 501(c) of the Act. To that end,
    the functions vested in the President by Section 501(c) of the Act
    are delegated to the Secretary of Homeland Security.
      Sec. 3. All actions taken pursuant to Executive Order No. 12251
    [formerly set out as a note above] shall continue in effect until
    superseded by actions under this Order.
      Sec. 4. Executive Order No. 12251 of November 15, 1980, is
    revoked.

     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 (Public Law 96-422) [set out
    above] by providing transportation for certain unaccompanied
    minors, elderly, and ill individuals. The Secretary of Defense may
    agree to expand the range of services and category of individuals
    as he determines.
      The Secretary of Defense is authorized and directed to publish
    this determination in the Federal Register.
                                                     William J. Clinton.

-End-

-CITE-
    8 USC Sec. 1523                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
    Sec. 1523. Congressional reports

-STATUTE-
      (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 section 1522(a)(7) of this title during the
      period for which the report is submitted;
        (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 section 1522(e)(5) of this title;
        (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 section 1522(a)(8) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title IV, ch. 2, Sec. 413, as added Pub.
    L. 96-212, title III, Sec. 311(a)(2), Mar. 17, 1980, 94 Stat. 115;
    amended Pub. L. 97-363, Secs. 3(b), 7, Oct. 25, 1982, 96 Stat.
    1734, 1737; Pub. L. 99-605, Sec. 11, Nov. 6, 1986, 100 Stat. 3455;
    Pub. L. 100-525, Sec. 9(jj), Oct. 24, 1988, 102 Stat. 2622; Pub. L.
    103-236, title I, Sec. 162(n)(3), Apr. 30, 1994, 108 Stat. 409.)

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-236 struck out ", in consultation
    with the Coordinator," after "The Secretary".
      1988 - Pub. L. 100-525 redesignated former subsec. (a)(1) as (a)
    and former subsec. (a)(2) as (b), and within (b), further
    redesignated former subpars. (A) to (H) as pars. (1) to (8),
    respectively, and former cls. (i) and (ii) of pars. (4) and (5) as
    cls. (A) and (B), respectively; and struck out former subsec. (b)
    which provided for a report to Congress by the Secretary not later
    than one year after Mar. 17, 1980, and former subsecs. (c) and (d)
    which provided for certain reports to Congress by the Director not
    later than certain dates in 1983.
      1986 - Subsec. (a)(2)(A). Pub. L. 99-605 substituted "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" for
    "under this chapter since May 1975".
      1982 - Subsec. (c). Pub. L. 97-363, Sec. 3(b), added subsec. (c).
      Subsec. (d). Pub. L. 97-363, Sec. 7, added subsec. (d).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-236 applicable with respect to
    officials, offices, and bureaus of Department of State when
    executive orders, regulations, or departmental directives
    implementing the amendments by sections 161 and 162 of Pub. L. 103-
    236 become effective, or 90 days after Apr. 30, 1994, whichever
    comes earlier, see section 161(b) of Pub. L. 103-236, as amended,
    set out as a note under section 2651a of Title 22, Foreign
    Relations and Intercourse.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-363 effective Oct. 1, 1982, see section 8
    of Pub. L. 97-363, set out as a note under section 1522 of this
    title.

-End-

-CITE-
    8 USC Sec. 1524                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
    Sec. 1524. Authorization of appropriations

-STATUTE-
      (a) There are authorized to be appropriated for each of fiscal
    years 2000 through 2002 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.

-SOURCE-
    (June 27, 1952, ch. 477, title IV, ch. 2, Sec. 414, as added Pub.
    L. 96-212, title III, Sec. 311(a)(2), Mar. 17, 1980, 94 Stat. 116;
    amended Pub. L. 97-363, Sec. 2, Oct. 25, 1982, 96 Stat. 1734; Pub.
    L. 99-605, Sec. 2, Nov. 6, 1986, 100 Stat. 3449; Pub. L. 100-525,
    Sec. 6(a), Oct. 24, 1988, 102 Stat. 2616; Pub. L. 102-110, Sec. 5,
    Oct. 1, 1991, 105 Stat. 558; Pub. L. 103-37, Sec. 1, June 8, 1993,
    107 Stat. 107; Pub. L. 103-416, title II, Sec. 208, Oct. 25, 1994,
    108 Stat. 4312; Pub. L. 105-78, title VI, Sec. 604(a), Nov. 13,
    1997, 111 Stat. 1521; Pub. L. 105-136, Sec. 1(a), Dec. 2, 1997, 111
    Stat. 2639; Pub. L. 106-104, Sec. 3, Nov. 13, 1999, 113 Stat.
    1483.)

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a). Pub. L. 106-104 substituted "2000 through
    2002" for "1998 and 1999".
      1997 - Subsec. (a). Pub. L. 105-78 and Pub. L. 105-136 amended
    subsec. (a) identically, substituting "each of fiscal years 1998
    and 1999" for "fiscal year 1995, fiscal year 1996, and fiscal year
    1997".
      1994 - Subsec. (a). Pub. L. 103-416 substituted "fiscal year
    1995, fiscal year 1996, and fiscal year 1997" for "fiscal year 1993
    and fiscal year 1994".
      1993 - Subsec. (a). Pub. L. 103-37 substituted "fiscal year 1993
    and fiscal year 1994" for "fiscal year 1992".
      1991 - Subsec. (a). Pub. L. 102-110 amended subsec. (a)
    generally, substituting present provisions for provisions which
    authorized appropriations for fiscal years 1987 and 1988 to carry
    out this subchapter generally and specifically to carry out section
    1522(c)(1), (b)(5), and (f) of this title.
      1988 - Subsec. (a)(1). Pub. L. 100-525 substituted "through (4)"
    for "through (5)".
      1986 - Subsec. (a)(1). Pub. L. 99-605, Sec. 2(a), (b)(1),
    substituted "for each of fiscal years 1987 and 1988" for "for
    fiscal year 1983", and "(2) through (5)" for "(2) and (3)".
      Subsec. (a)(2). Pub. L. 99-605, Sec. 2(b)(2), amended par. (2)
    generally, substituting "1987 $74,783,000 and for fiscal year 1988
    $77,924,000" for "1983 $100,000,000", and "1522(c)(1)" for
    "1522(c)".
      Subsec. (a)(3). Pub. L. 99-605, Sec. 2(b)(2), amended par. (3)
    generally, substituting "1987 $8,761,000 and for fiscal year 1988
    $9,125,000" for "1983 $14,000,000".
      Subsec. (a)(4). Pub. L. 99-605, Sec. 2(b)(3), added par. (4).
      1982 - Subsec. (a). Pub. L. 97-363, Sec. 2, substituted
    provisions with regard to fiscal 1983 authorizing appropriation of
    sums necessary to carry out provisions of this chapter, authorizing
    appropriations of $100,000,000 for services to refugees under
    section 1522(c) of this title, and authorizing appropriations of
    $14,000,000 for the purpose of carrying out section 1522(b)(5) of
    this title, for provisions with regard to fiscal 1980 and each of
    the two succeeding fiscal years authorizing appropriation of sums
    necessary for initial resettlement assistance, cash and medical
    assistance, and child welfare services under subsecs. (b)(1), (3),
    (4), (d)(2), and (e) of section 1522 of this title, and authorizing
    appropriations of $200,000,000 for other programs.

                     EFFECTIVE DATE OF 1997 AMENDMENTS                 
      Section 604(b) of Pub. L. 105-78 and section 1(b) of Pub. L. 105-
    136 provided that: "The amendment made by subsection (a) [amending
    this section] shall take effect October 1, 1997."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Refugee Assistance Extension Act of 1986, Pub. L. 99-
    605, see section 6(c) of Pub. L. 100-525, set out as a note under
    section 1522 of this title.

-End-

-CITE-
    8 USC Sec. 1525                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER IV - REFUGEE ASSISTANCE

-HEAD-
    Sec. 1525. Repealed.

-MISC1-
    Sec. 1525. Repealed. Pub. L. 103-236, title I, Sec. 162(m)(3), Apr.
      30, 1994, 108 Stat. 409.
      Section, Pub. L. 96-212, title III, Sec. 301, Mar. 17, 1980, 94
    Stat. 109, related to appointment and duties of United States
    Coordinator for Refugee Affairs.

                         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 Pub. L. 103-236 become effective, or 90 days after Apr.
    30, 1994, whichever comes earlier, see section 161(b) of Pub. L.
    103-236, as amended, set out as an Effective Date of 1994 Amendment
    note under section 2651a of Title 22, Foreign Relations and
    Intercourse.

-End-

-CITE-
    8 USC SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
             SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES         

-End-

-CITE-
    8 USC Sec. 1531                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1531. Definitions

-STATUTE-
      As used in this subchapter - 
        (1) the term "alien terrorist" means any alien described in
      section 1227(a)(4)(B) of this title;
        (2) the term "classified information" has the same meaning as
      in section 1(a) of the Classified Information Procedures Act (18
      U.S.C. App.);
        (3) the term "national security" has the same meaning as in
      section 1(b) of the Classified Information Procedures Act (18
      U.S.C. App.);
        (4) the term "removal court" means the court described in
      section 1532 of this title;
        (5) the term "removal hearing" means the hearing described in
      section 1534 of this title;
        (6) the term "removal proceeding" means a proceeding under this
      subchapter; and
        (7) the term "special attorney" means an attorney who is on the
      panel established under section 1532(e) of this title.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 501, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1258; amended
    Pub. L. 104-208, div. C, title III, Secs. 308(g)(1), 354(a)(5),
    Sept. 30, 1996, 110 Stat. 3009-622, 3009-643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1 of the Classified Information Procedures Act, referred
    to in pars. (2) and (3), is section 1 of Pub. L. 96-456, Oct. 15,
    1980, 94 Stat. 2025, which is set out in the Appendix to Title 18,
    Crimes and Criminal Procedure.

-MISC1-
                                AMENDMENTS                            
      1996 - Par. (1). Pub. L. 104-208, Sec. 308(g)(1), substituted
    "section 1227(a)(4)(B)" for "section 1251(a)(4)(B)".
      Par. (7). Pub. L. 104-208, Sec. 354(a)(5), added par. (7).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(1) of Pub. L. 104-208 effective, with
    certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 354(a)(5) of Pub. L. 104-208 effective as if
    included in the enactment of subtitle A of title IV of the
    Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-
    132, see section 358 of Pub. L. 104-208, set out as a note under
    section 1182 of this title.

                              EFFECTIVE DATE                          
      Subchapter effective Apr. 24, 1996, and applicable to all aliens
    without regard to date of entry or attempted entry into United
    States, see section 401(f) of Pub. L. 104-132, set out as an
    Effective Date of 1996 Amendment note under section 1326 of this
    title.

-End-

-CITE-
    8 USC Sec. 1532                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1532. Establishment of removal court

-STATUTE-
    (a) Designation of judges
      The Chief Justice of the United States shall publicly designate 5
    district court judges from 5 of the United States judicial circuits
    who shall constitute a court that shall have jurisdiction to
    conduct all removal proceedings. The Chief Justice may, in the
    Chief Justice's discretion, designate the same judges under this
    section as are designated pursuant to section 103(a) of the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
    (b) Terms
      Each judge designated under subsection (a) of this section shall
    serve for a term of 5 years and shall be eligible for
    redesignation, except that of the members first designated - 
        (1) 1 member shall serve for a term of 1 year;
        (2) 1 member shall serve for a term of 2 years;
        (3) 1 member shall serve for a term of 3 years; and
        (4) 1 member shall serve for a term of 4 years.
    (c) Chief judge
      (1) Designation
        The Chief Justice shall publicly designate one of the judges of
      the removal court to be the chief judge of the removal court.
      (2) Responsibilities
        The chief judge shall - 
          (A) promulgate rules to facilitate the functioning of the
        removal court; and
          (B) assign the consideration of cases to the various judges
        on the removal court.
    (d) Expeditious and confidential nature of proceedings
      The provisions of section 103(c) of the Foreign Intelligence
    Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal
    proceedings in the same manner as they apply to proceedings under
    that Act [50 U.S.C. 1801 et seq.].
    (e) Establishment of panel of special attorneys
      The removal court shall provide for the designation of a panel of
    attorneys each of whom - 
        (1) has a security clearance which affords the attorney access
      to classified information, and
        (2) has agreed to represent permanent resident aliens with
      respect to classified information under section 1534(e)(3) of
      this title in accordance with (and subject to the penalties
      under) this subchapter.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 502, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1259; amended
    Pub. L. 104-208, div. C, title III, Sec. 354(a)(4), Sept. 30, 1996,
    110 Stat. 3009-643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (d), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783, as
    amended, which is classified principally to chapter 36 (Sec. 1801
    et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of Title 50 and Tables.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (e). Pub. L. 104-208 added subsec. (e).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective as if included in the
    enactment of subtitle A of title IV of the Antiterrorism and
    Effective Death Penalty Act of 1996, Pub. L. 104-132, see section
    358 of Pub. L. 104-208, set out as a note under section 1182 of
    this title.

-End-

-CITE-
    8 USC Sec. 1533                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1533. Removal court procedure

-STATUTE-
    (a) Application
      (1) In general
        In any case in which the Attorney General has classified
      information that an alien is an alien terrorist, the Attorney
      General may seek removal of the alien under this subchapter by
      filing an application with the removal court that contains - 
          (A) the identity of the attorney in the Department of Justice
        making the application;
          (B) a certification by the Attorney General or the Deputy
        Attorney General that the application satisfies the criteria
        and requirements of this section;
          (C) the identity of the alien for whom authorization for the
        removal proceeding is sought; and
          (D) a statement of the facts and circumstances relied on by
        the Department of Justice to establish probable cause that - 
            (i) the alien is an alien terrorist;
            (ii) the alien is physically present in the United States;
          and
            (iii) with respect to such alien, removal under subchapter
          II of this chapter would pose a risk to the national security
          of the United States.
      (2) Filing
        An application under this section shall be submitted ex parte
      and in camera, and shall be filed under seal with the removal
      court.
    (b) Right to dismiss
      The Attorney General may dismiss a removal action under this
    subchapter at any stage of the proceeding.
    (c) Consideration of application
      (1) Basis for decision
        In determining whether to grant an application under this
      section, a single judge of the removal court may consider, ex
      parte and in camera, in addition to the information contained in
      the application - 
          (A) other information, including classified information,
        presented under oath or affirmation; and
          (B) testimony received in any hearing on the application, of
        which a verbatim record shall be kept.
      (2) Approval of order
        The judge shall issue an order granting the application, if the
      judge finds that there is probable cause to believe that - 
          (A) the alien who is the subject of the application has been
        correctly identified and is an alien terrorist present in the
        United States; and
          (B) removal under subchapter II of this chapter would pose a
        risk to the national security of the United States.
      (3) Denial of order
        If the judge denies the order requested in the application, the
      judge shall prepare a written statement of the reasons for the
      denial, taking all necessary precautions not to disclose any
      classified information contained in the Government's application.
    (d) Exclusive provisions
      If an order is issued under this section granting an application,
    the rights of the alien regarding removal and expulsion shall be
    governed solely by this subchapter, and except as they are
    specifically referenced in this subchapter, no other provisions of
    this chapter shall be applicable.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 503, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1259.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1534                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1534. Removal hearing

-STATUTE-
    (a) In general
      (1) Expeditious hearing
        In any case in which an application for an order is approved
      under section 1533(c)(2) of this title, a removal hearing shall
      be conducted under this section as expeditiously as practicable
      for the purpose of determining whether the alien to whom the
      order pertains should be removed from the United States on the
      grounds that the alien is an alien terrorist.
      (2) Public hearing
        The removal hearing shall be open to the public.
    (b) Notice
      An alien who is the subject of a removal hearing under this
    subchapter shall be given reasonable notice of - 
        (1) the nature of the charges against the alien, including a
      general account of the basis for the charges; and
        (2) the time and place at which the hearing will be held.
    (c) Rights in hearing
      (1) Right of counsel
        The alien shall have a right to be present at such hearing and
      to be represented by counsel. Any alien financially unable to
      obtain counsel shall be entitled to have counsel assigned to
      represent the alien. Such counsel shall be appointed by the judge
      pursuant to the plan for furnishing representation for any person
      financially unable to obtain adequate representation for the
      district in which the hearing is conducted, as provided for in
      section 3006A of title 18. All provisions of that section shall
      apply and, for purposes of determining the maximum amount of
      compensation, the matter shall be treated as if a felony was
      charged.
      (2) Introduction of evidence
        Subject to the limitations in subsection (e) of this section,
      the alien shall have a reasonable opportunity to introduce
      evidence on the alien's own behalf.
      (3) Examination of witnesses
        Subject to the limitations in subsection (e) of this section,
      the alien shall have a reasonable opportunity to examine the
      evidence against the alien and to cross-examine any witness.
      (4) Record
        A verbatim record of the proceedings and of all testimony and
      evidence offered or produced at such a hearing shall be kept.
      (5) Removal decision based on evidence at hearing
        The decision of the judge regarding removal shall be based only
      on that evidence introduced at the removal hearing.
    (d) Subpoenas
      (1) Request
        At any time prior to the conclusion of the removal hearing,
      either the alien or the Department of Justice may request the
      judge to issue a subpoena for the presence of a named witness
      (which subpoena may also command the person to whom it is
      directed to produce books, papers, documents, or other objects
      designated therein) upon a satisfactory showing that the presence
      of the witness is necessary for the determination of any material
      matter. Such a request may be made ex parte except that the judge
      shall inform the Department of Justice of any request for a
      subpoena by the alien for a witness or material if compliance
      with such a subpoena would reveal classified evidence or the
      source of that evidence. The Department of Justice shall be given
      a reasonable opportunity to oppose the issuance of such a
      subpoena.
      (2) Payment for attendance
        If an application for a subpoena by the alien also makes a
      showing that the alien is financially unable to pay for the
      attendance of a witness so requested, the court may order the
      costs incurred by the process and the fees of the witness so
      subpoenaed to be paid from funds appropriated for the enforcement
      of subchapter II of this chapter.
      (3) Nationwide service
        A subpoena under this subsection may be served anywhere in the
      United States.
      (4) Witness fees
        A witness subpoenaed under this subsection shall receive the
      same fees and expenses as a witness subpoenaed in connection with
      a civil proceeding in a court of the United States.
      (5) No access to classified information
        Nothing in this subsection is intended to allow an alien to
      have access to classified information.
    (e) Discovery
      (1) In general
        For purposes of this subchapter - 
          (A) the Government is authorized to use in a removal
        proceedings (!1) the fruits of electronic surveillance and
        unconsented physical searches authorized under the Foreign
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
        without regard to subsections (c), (e), (f), (g), and (h) of
        section 106 of that Act [50 U.S.C. 1806(c), (e), (f), (g), (h)]
        and discovery of information derived pursuant to such Act, or
        otherwise collected for national security purposes, shall not
        be authorized if disclosure would present a risk to the
        national security of the United States;

          (B) an alien subject to removal under this subchapter shall
        not be entitled to suppress evidence that the alien alleges was
        unlawfully obtained; and
          (C) section 3504 of title 18 and section 1806(c) of title 50
        shall not apply if the Attorney General determines that public
        disclosure would pose a risk to the national security of the
        United States because it would disclose classified information
        or otherwise threaten the integrity of a pending investigation.
      (2) Protective orders
        Nothing in this subchapter shall prevent the United States from
      seeking protective orders and from asserting privileges
      ordinarily available to the United States to protect against the
      disclosure of classified information, including the invocation of
      the military and State secrets privileges.
      (3) Treatment of classified information
        (A) Use
          The judge shall examine, ex parte and in camera, any evidence
        for which the Attorney General determines that public
        disclosure would pose a risk to the national security of the
        United States or to the security of any individual because it
        would disclose classified information and neither the alien nor
        the public shall be informed of such evidence or its sources
        other than through reference to the summary provided pursuant
        to this paragraph. Notwithstanding the previous sentence, the
        Department of Justice may, in its discretion and, in the case
        of classified information, after coordination with the
        originating agency, elect to introduce such evidence in open
        session.
        (B) Submission
          With respect to such information, the Government shall submit
        to the removal court an unclassified summary of the specific
        evidence that does not pose that risk.
        (C) Approval
          Not later than 15 days after submission, the judge shall
        approve the summary if the judge finds that it is sufficient to
        enable the alien to prepare a defense. The Government shall
        deliver to the alien a copy of the unclassified summary
        approved under this subparagraph.
        (D) Disapproval
          (i) In general
            If an unclassified summary is not approved by the removal
          court under subparagraph (C), the Government shall be
          afforded 15 days to correct the deficiencies identified by
          the court and submit a revised unclassified summary.
          (ii) Revised summary
            If the revised unclassified summary is not approved by the
          court within 15 days of its submission pursuant to
          subparagraph (C), the removal hearing shall be terminated
          unless the judge makes the findings under clause (iii).
          (iii) Findings
            The findings described in this clause are, with respect to
          an alien, that - 
              (I) the continued presence of the alien in the United
            States would likely cause serious and irreparable harm to
            the national security or death or serious bodily injury to
            any person, and
              (II) the provision of the summary would likely cause
            serious and irreparable harm to the national security or
            death or serious bodily injury to any person.
        (E) Continuation of hearing without summary
          If a judge makes the findings described in subparagraph
        (D)(iii) - 
            (i) if the alien involved is an alien lawfully admitted for
          permanent residence, the procedures described in subparagraph
          (F) shall apply; and
            (ii) in all cases the special removal hearing shall
          continue, the Department of Justice shall cause to be
          delivered to the alien a statement that no summary is
          possible, and the classified information submitted in camera
          and ex parte may be used pursuant to this paragraph.
        (F) Special procedures for access and challenges to classified
          information by special attorneys in case of lawful permanent
          aliens
          (i) In general
            The procedures described in this subparagraph are that the
          judge (under rules of the removal court) shall designate a
          special attorney to assist the alien - 
              (I) by reviewing in camera the classified information on
            behalf of the alien, and
              (II) by challenging through an in camera proceeding the
            veracity of the evidence contained in the classified
            information.
          (ii) Restrictions on disclosure
            A special attorney receiving classified information under
          clause (i) - 
              (I) shall not disclose the information to the alien or to
            any other attorney representing the alien, and
              (II) who discloses such information in violation of
            subclause (I) shall be subject to a fine under title 18,
            imprisoned for not less than 10 years nor more than 25
            years, or both.
    (f) Arguments
      Following the receipt of evidence, the Government and the alien
    shall be given fair opportunity to present argument as to whether
    the evidence is sufficient to justify the removal of the alien. The
    Government shall open the argument. The alien shall be permitted to
    reply. The Government shall then be permitted to reply in rebuttal.
    The judge may allow any part of the argument that refers to
    evidence received in camera and ex parte to be heard in camera and
    ex parte.
    (g) Burden of proof
      In the hearing, it is the Government's burden to prove, by the
    preponderance of the evidence, that the alien is subject to removal
    because the alien is an alien terrorist.
    (h) Rules of evidence
      The Federal Rules of Evidence shall not apply in a removal
    hearing.
    (i) Determination of deportation
      If the judge, after considering the evidence on the record as a
    whole, finds that the Government has met its burden, the judge
    shall order the alien removed and detained pending removal from the
    United States. If the alien was released pending the removal
    hearing, the judge shall order the Attorney General to take the
    alien into custody.
    (j) Written order
      At the time of issuing a decision as to whether the alien shall
    be removed, the judge shall prepare a written order containing a
    statement of facts found and conclusions of law. Any portion of the
    order that would reveal the substance or source of information
    received in camera and ex parte pursuant to subsection (e) of this
    section shall not be made available to the alien or the public.
    (k) No right to ancillary relief
      At no time shall the judge consider or provide for relief from
    removal based on - 
        (1) asylum under section 1158 of this title;
        (2) by (!2) withholding of removal under section 1231(b)(3) of
      this title;

        (3) cancellation of removal under section 1229b of this title;
        (4) voluntary departure under section 1254a(e) (!3) of this
      title;

        (5) adjustment of status under section 1255 of this title; or
        (6) registry under section 1259 of this title.
    (l) Report on terrorist removal proceedings
      Not later than 3 months from December 28, 2001, the Attorney
    General shall submit to Congress a report concerning the effect and
    efficacy of alien terrorist removal proceedings, including the
    reasons why proceedings pursuant to this section have not been used
    by the Attorney General in the past and the effect on the use of
    these proceedings after the enactment of the USA PATRIOT Act of
    2001 (Public Law 107-56).

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 504, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1260; amended
    Pub. L. 104-208, div. C, title III, Secs. 308(g)(7)(B), (8)(B),
    354(a)(1), (2), (b), 357, Sept. 30, 1996, 110 Stat. 3009-623, 3009-
    624, 3009-641 to 3009-644; Pub. L. 107-108, title III, Sec. 313,
    Dec. 28, 2001, 115 Stat. 1401.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Foreign Intelligence Surveillance Act of 1978, referred to in
    subsec. (e)(1)(A), is Pub. L. 95-511, Oct. 25, 1978, 92 Stat. 1783,
    as amended, which is classified principally to chapter 36 (Sec.
    1801 et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1801 of Title 50 and Tables.
      The Federal Rules of Evidence, referred to in subsec. (h), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
      Section 1254a(e) of this title, referred to in subsec. (k)(4),
    was in the original a reference to "section 244(e)", meaning
    section 244(e) of act June 27, 1952, which was classified to
    section 1254(e) of this title. Pub. L. 104-208, div. C, title III,
    Sec. 308(b)(7), Sept. 30, 1996, 110 Stat. 3009-615, repealed
    section 244 and renumbered section 244A as section 244, which is
    classified to section 1254a of this title. For provisions relating
    to voluntary departure, see section 1229c of this title.
      The USA PATRIOT Act of 2001, referred to in subsec. (l), is Pub.
    L. 107-56, Oct. 26, 2001, 115 Stat. 272, known as the Uniting and
    Strengthening America by Providing Appropriate Tools Required to
    Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT
    Act. For complete classification of this Act to the Code, see Short
    Title of 2001 Amendment note set out under section 1 of Title 18,
    Crimes and Criminal Procedure, and Tables.

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (l). Pub. L. 107-108 added subsec. (l).
      1996 - Subsec. (e)(1)(A). Pub. L. 104-208, Sec. 354(b)(1)(A)(ii),
    substituted "pursuant to such Act" for "pursuant to the Foreign
    Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)".
      Pub. L. 104-208, Sec. 354(b)(1)(A)(i), inserted "the Government
    is authorized to use in a removal proceedings the fruits of
    electronic surveillance and unconsented physical searches
    authorized under the Foreign Intelligence Surveillance Act of 1978
    (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e),
    (f), (g), and (h) of section 106 of that Act and" before "discovery
    of information".
      Subsec. (e)(3)(A). Pub. L. 104-208, Sec. 354(b)(1)(B),
    substituted "and neither the alien nor the public shall be informed
    of such evidence or its sources other than through reference to the
    summary provided pursuant to this paragraph. Notwithstanding the
    previous sentence, the Department of Justice may, in its discretion
    and, in the case of classified information, after coordination with
    the originating agency, elect to introduce such evidence in open
    session." for period at end.
      Subsec. (e)(3)(D)(ii). Pub. L. 104-208, Sec. 354(a)(1)(A),
    inserted "unless the judge makes the findings under clause (iii)"
    before period at end.
      Subsec. (e)(3)(D)(iii). Pub. L. 104-208, Sec. 354(a)(1)(B), added
    cl. (iii).
      Subsec. (e)(3)(E), (F). Pub. L. 104-208, Sec. 354(a)(2), added
    subpars. (E) and (F).
      Subsec. (f). Pub. L. 104-208, Sec. 354(b)(2), inserted at end
    "The judge may allow any part of the argument that refers to
    evidence received in camera and ex parte to be heard in camera and
    ex parte."
      Subsec. (j). Pub. L. 104-208, Sec. 354(b)(3), inserted at end
    "Any portion of the order that would reveal the substance or source
    of information received in camera and ex parte pursuant to
    subsection (e) of this section shall not be made available to the
    alien or the public."
      Subsec. (k)(2). Pub. L. 104-208, Sec. 308(g)(7)(B), substituted
    "by withholding of removal under section 1231(b)(3) of this title"
    for "withholding of deportation under section 1253(h) of this
    title".
      Subsec. (k)(3). Pub. L. 104-208, Sec. 308(g)(8)(B), substituted
    "cancellation of removal under section 1229b of this title" for
    "suspension of deportation under subsection (a) or (e) of section
    1254 of this title".
      Subsec. (k)(4) to (6). Pub. L. 104-208, Sec. 357, added par. (4)
    and redesignated former pars. (4) and (5) as (5) and (6),
    respectively.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(7)(B), (8)(B) of Pub. L. 104-208
    effective, with certain transitional provisions, on the first day
    of the first month beginning more than 180 days after Sept. 30,
    1996, see section 309 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.
      Amendment by sections 354(a)(1), (2), (b), and 357 of Pub. L. 104-
    208 effective as if included in the enactment of subtitle A of
    title IV of the Antiterrorism and Effective Death Penalty Act of
    1996, Pub. L. 104-132, see section 358 of Pub. L. 104-208, set out
    as a note under section 1182 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "proceeding".

    (!2) So in original. The word "by" probably should not appear.

    (!3) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1535                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1535. Appeals

-STATUTE-
    (a) Appeal of denial of application for removal proceedings
      (1) In general
        The Attorney General may seek a review of the denial of an
      order sought in an application filed pursuant to section 1533 of
      this title. The appeal shall be filed in the United States Court
      of Appeals for the District of Columbia Circuit by notice of
      appeal filed not later than 20 days after the date of such
      denial.
      (2) Record on appeal
        The entire record of the proceeding shall be transmitted to the
      Court of Appeals under seal, and the Court of Appeals shall hear
      the matter ex parte.
      (3) Standard of review
        The Court of Appeals shall - 
          (A) review questions of law de novo; and
          (B) set aside a finding of fact only if such finding was
        clearly erroneous.
    (b) Appeal of determination regarding summary of classified
      information
      (1) In general
        The United States may take an interlocutory appeal to the
      United States Court of Appeals for the District of Columbia
      Circuit of - 
          (A) any determination by the judge pursuant to section
        1534(e)(3) of this title; or
          (B) the refusal of the court to make the findings permitted
        by section 1534(e)(3) of this title.
      (2) Record
        In any interlocutory appeal taken pursuant to this subsection,
      the entire record, including any proposed order of the judge, any
      classified information and the summary of evidence, shall be
      transmitted to the Court of Appeals. The classified information
      shall be transmitted under seal. A verbatim record of such appeal
      shall be kept under seal in the event of any other judicial
      review.
    (c) Appeal of decision in hearing
      (1) In general
        Subject to paragraph (2), the decision of the judge after a
      removal hearing may be appealed by either the alien or the
      Attorney General to the United States Court of Appeals for the
      District of Columbia Circuit by notice of appeal filed not later
      than 20 days after the date on which the order is issued. The
      order shall not be enforced during the pendency of an appeal
      under this subsection.
      (2) Automatic appeals in cases of permanent resident aliens in
        which no summary provided
        (A) In general
          Unless the alien waives the right to a review under this
        paragraph, in any case involving an alien lawfully admitted for
        permanent residence who is denied a written summary of
        classified information under section 1534(e)(3) of this title
        and with respect to which the procedures described in section
        1534(e)(3)(F) of this title apply, any order issued by the
        judge shall be reviewed by the Court of Appeals for the
        District of Columbia Circuit.
        (B) Use of special attorney
          With respect to any issue relating to classified information
        that arises in such review, the alien shall be represented only
        by the special attorney designated under section
        1534(e)(3)(F)(i) of this title on behalf of the alien.
      (3) Transmittal of record
        In an appeal or review to the Court of Appeals pursuant to this
      subsection - 
          (A) the entire record shall be transmitted to the Court of
        Appeals; and
          (B) information received in camera and ex parte, and any
        portion of the order that would reveal the substance or source
        of such information, shall be transmitted under seal.
      (4) Expedited appellate proceeding
        In an appeal or review to the Court of Appeals under this
      subsection - 
          (A) the appeal or review shall be heard as expeditiously as
        practicable and the court may dispense with full briefing and
        hear the matter solely on the record of the judge of the
        removal court and on such briefs or motions as the court may
        require to be filed by the parties;
          (B) the Court of Appeals shall issue an opinion not later
        than 60 days after the date of the issuance of the final order
        of the district court;
          (C) the court shall review all questions of law de novo; and
          (D) a finding of fact shall be accorded deference by the
        reviewing court and shall not be set aside unless such finding
        was clearly erroneous, except that in the case of a review
        under paragraph (2) in which an alien lawfully admitted for
        permanent residence was denied a written summary of classified
        information under section 1534(c)(3) (!1) of this title, the
        Court of Appeals shall review questions of fact de novo.

    (d) Certiorari
      Following a decision by the Court of Appeals pursuant to
    subsection (c) of this section, the alien or the Attorney General
    may petition the Supreme Court for a writ of certiorari. In any
    such case, any information transmitted to the Court of Appeals
    under seal shall, if such information is also submitted to the
    Supreme Court, be transmitted under seal. Any order of removal
    shall not be stayed pending disposition of a writ of certiorari,
    except as provided by the Court of Appeals or a Justice of the
    Supreme Court.
    (e) Appeal of detention order
      (1) In general
        Sections 3145 through 3148 of title 18 pertaining to review and
      appeal of a release or detention order, penalties for failure to
      appear, penalties for an offense committed while on release, and
      sanctions for violation of a release condition shall apply to an
      alien to whom section 1537(b)(1) of this title applies. In
      applying the previous sentence - 
          (A) for purposes of section 3145 of such title an appeal
        shall be taken to the United States Court of Appeals for the
        District of Columbia Circuit; and
          (B) for purposes of section 3146 of such title the alien
        shall be considered released in connection with a charge of an
        offense punishable by life imprisonment.
      (2) No review of continued detention
        The determinations and actions of the Attorney General pursuant
      to section 1537(b)(2)(C) of this title shall not be subject to
      judicial review, including application for a writ of habeas
      corpus, except for a claim by the alien that continued detention
      violates the alien's rights under the Constitution. Jurisdiction
      over any such challenge shall lie exclusively in the United
      States Court of Appeals for the District of Columbia Circuit.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 505, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1263; amended
    Pub. L. 104-208, div. C, title III, Sec. 354(a)(3), Sept. 30, 1996,
    110 Stat. 3009-642.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c)(1). Pub. L. 104-208, Sec. 354(a)(3)(A),
    substituted "Subject to paragraph (2), the decision" for "The
    decision".
      Subsec. (c)(2). Pub. L. 104-208, Sec. 354(a)(3)(D), added par.
    (2). Former par. (2) redesignated (3).
      Subsec. (c)(3). Pub. L. 104-208, Sec. 354(a)(3)(C), redesignated
    par. (2) as (3). Former par. (3) redesignated (4).
      Subsec. (c)(3)(D). Pub. L. 104-208, Sec. 354(a)(3)(B), inserted
    before period at end ", except that in the case of a review under
    paragraph (2) in which an alien lawfully admitted for permanent
    residence was denied a written summary of classified information
    under section 1534(c)(3) of this title, the Court of Appeals shall
    review questions of fact de novo".
      Subsec. (c)(4). Pub. L. 104-208, Sec. 354(a)(3)(C), redesignated
    par. (3) as (4).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective as if included in the
    enactment of subtitle A of title IV of the Antiterrorism and
    Effective Death Penalty Act of 1996, Pub. L. 104-132, see section
    358 of Pub. L. 104-208, set out as a note under section 1182 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be section "1534(e)(3)".

-End-

-CITE-
    8 USC Sec. 1536                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1536. Custody and release pending removal hearing

-STATUTE-
    (a) Upon filing application
      (1) In general
        Subject to paragraphs (2) and (3), the Attorney General may - 
          (A) take into custody any alien with respect to whom an
        application under section 1533 of this title has been filed;
        and
          (B) retain such an alien in custody in accordance with the
        procedures authorized by this subchapter.
      (2) Special rules for permanent resident aliens
        (A) Release hearing
          An alien lawfully admitted for permanent residence shall be
        entitled to a release hearing before the judge assigned to hear
        the removal hearing. Such an alien shall be detained pending
        the removal hearing, unless the alien demonstrates to the court
        that the alien - 
            (i) is a person lawfully admitted for permanent residence
          in the United States;
            (ii) if released upon such terms and conditions as the
          court may prescribe (including the posting of any monetary
          amount), is not likely to flee; and
            (iii) will not endanger national security, or the safety of
          any person or the community, if released.
        (B) Information considered
          The judge may consider classified information submitted in
        camera and ex parte in making a determination whether to
        release an alien pending the removal hearing.
      (3) Release if order denied and no review sought
        (A) In general
          Subject to subparagraph (B), if a judge of the removal court
        denies the order sought in an application filed pursuant to
        section 1533 of this title, and the Attorney General does not
        seek review of such denial, the alien shall be released from
        custody.
        (B) Application of regular procedures
          Subparagraph (A) shall not prevent the arrest and detention
        of the alien pursuant to subchapter II of this chapter.
    (b) Conditional release if order denied and review sought
      (1) In general
        If a judge of the removal court denies the order sought in an
      application filed pursuant to section 1533 of this title and the
      Attorney General seeks review of such denial, the judge shall
      release the alien from custody subject to the least restrictive
      condition, or combination of conditions, of release described in
      section 3142(b) and clauses (i) through (xiv) of section
      3142(c)(1)(B) of title 18 that - 
          (A) will reasonably assure the appearance of the alien at any
        future proceeding pursuant to this subchapter; and
          (B) will not endanger the safety of any other person or the
        community.
      (2) No release for certain aliens
        If the judge finds no such condition or combination of
      conditions, as described in paragraph (1), the alien shall remain
      in custody until the completion of any appeal authorized by this
      subchapter.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 506, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1265.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1537                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER V - ALIEN TERRORIST REMOVAL PROCEDURES

-HEAD-
    Sec. 1537. Custody and release after removal hearing

-STATUTE-
    (a) Release
      (1) In general
        Subject to paragraph (2), if the judge decides that an alien
      should not be removed, the alien shall be released from custody.
      (2) Custody pending appeal
        If the Attorney General takes an appeal from such decision, the
      alien shall remain in custody, subject to the provisions of
      section 3142 of title 18.
    (b) Custody and removal
      (1) Custody
        If the judge decides that an alien shall be removed, the alien
      shall be detained pending the outcome of any appeal. After the
      conclusion of any judicial review thereof which affirms the
      removal order, the Attorney General shall retain the alien in
      custody and remove the alien to a country specified under
      paragraph (2).
      (2) Removal
        (A) In general
          The removal of an alien shall be to any country which the
        alien shall designate if such designation does not, in the
        judgment of the Attorney General, in consultation with the
        Secretary of State, impair the obligation of the United States
        under any treaty (including a treaty pertaining to extradition)
        or otherwise adversely affect the foreign policy of the United
        States.
        (B) Alternate countries
          If the alien refuses to designate a country to which the
        alien wishes to be removed or if the Attorney General, in
        consultation with the Secretary of State, determines that
        removal of the alien to the country so designated would impair
        a treaty obligation or adversely affect United States foreign
        policy, the Attorney General shall cause the alien to be
        removed to any country willing to receive such alien.
        (C) Continued detention
          If no country is willing to receive such an alien, the
        Attorney General may, notwithstanding any other provision of
        law, retain the alien in custody. The Attorney General, in
        coordination with the Secretary of State, shall make periodic
        efforts to reach agreement with other countries to accept such
        an alien and at least every 6 months shall provide to the
        attorney representing the alien at the removal hearing a
        written report on the Attorney General's efforts. Any alien in
        custody pursuant to this subparagraph shall be released from
        custody solely at the discretion of the Attorney General and
        subject to such conditions as the Attorney General shall deem
        appropriate.
        (D) Fingerprinting
          Before an alien is removed from the United States pursuant to
        this subsection, or pursuant to an order of removal because
        such alien is inadmissible under section 1182(a)(3)(B) of this
        title, the alien shall be photographed and fingerprinted, and
        shall be advised of the provisions of section 1326(b) of this
        title.
    (c) Continued detention pending trial
      (1) Delay in removal
        The Attorney General may hold in abeyance the removal of an
      alien who has been ordered removed, pursuant to this subchapter,
      to allow the trial of such alien on any Federal or State criminal
      charge and the service of any sentence of confinement resulting
      from such a trial.
      (2) Maintenance of custody
        Pending the commencement of any service of a sentence of
      confinement by an alien described in paragraph (1), such an alien
      shall remain in the custody of the Attorney General, unless the
      Attorney General determines that temporary release of the alien
      to the custody of State authorities for confinement in a State
      facility is appropriate and would not endanger national security
      or public safety.
      (3) Subsequent removal
        Following the completion of a sentence of confinement by an
      alien described in paragraph (1), or following the completion of
      State criminal proceedings which do not result in a sentence of
      confinement of an alien released to the custody of State
      authorities pursuant to paragraph (2), such an alien shall be
      returned to the custody of the Attorney General who shall proceed
      to the removal of the alien under this subchapter.
    (d) Application of certain provisions relating to escape of
      prisoners
      For purposes of sections 751 and 752 of title 18, an alien in the
    custody of the Attorney General pursuant to this subchapter shall
    be subject to the penalties provided by those sections in relation
    to a person committed to the custody of the Attorney General by
    virtue of an arrest on a charge of a felony.
    (e) Rights of aliens in custody
      (1) Family and attorney visits
        An alien in the custody of the Attorney General pursuant to
      this subchapter shall be given reasonable opportunity, as
      determined by the Attorney General, to communicate with and
      receive visits from members of the alien's family, and to
      contact, retain, and communicate with an attorney.
      (2) Diplomatic contact
        An alien in the custody of the Attorney General pursuant to
      this subchapter shall have the right to contact an appropriate
      diplomatic or consular official of the alien's country of
      citizenship or nationality or of any country providing
      representation services therefore. The Attorney General shall
      notify the appropriate embassy, mission, or consular office of
      the alien's detention.

-SOURCE-
    (June 27, 1952, ch. 477, title V, Sec. 507, as added Pub. L. 104-
    132, title IV, Sec. 401(a), Apr. 24, 1996, 110 Stat. 1266; amended
    Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(Q), Sept. 30,
    1996, 110 Stat. 3009-619.)

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(2)(D). Pub. L. 104-208 substituted "removal
    because such alien is inadmissible" for "exclusion because such
    alien is excludable".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective, with certain transitional
    provisions, on the first day of the first month beginning more than
    180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,
    set out as a note under section 1101 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    REFERENCES TO ORDER OF REMOVAL DEEMED TO INCLUDE ORDER OF EXCLUSION
                              AND DEPORTATION
      For purposes of carrying out this chapter, any reference in law
    to an order of removal is deemed to include a reference to an order
    of exclusion and deportation or an order of deportation, see
    section 309(d)(2) of Pub. L. 104-208, set out in an Effective Date
    of 1996 Amendments note under section 1101 of this title.

-End-

-CITE-
    8 USC CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE    01/03/2007 

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE

-HEAD-
            CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE        

-MISC1-
                        SUBCHAPTER I - ORGANIZATION                    
    Sec.                                                     
    1551.       Immigration and Naturalization Service.               
    1552.       Commissioner of Immigration and Naturalization;
                 office.                                              
    1553.       Assistant Commissioners and one District Director;
                 compensation and salary grade.                       
    1554.       Special immigrant inspectors at Washington.           
    1555.       Immigration Service expenses.                         
    1556.       Transferred.                                          
    1557.       Prevention of transportation in foreign commerce of
                 alien women and girls under international agreement;
                 Commissioner designated as authority to receive and
                 preserve information.                                

          SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE
                               IMPROVEMENTS
    1571.       Purposes.                                             
    1572.       Definitions.                                          
    1573.       Immigration services and infrastructure improvement
                 account.                                             
    1574.       Reports to Congress.                                  

-End-

-CITE-
    8 USC SUBCHAPTER I - ORGANIZATION                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
                        SUBCHAPTER I - ORGANIZATION                    

-End-

-CITE-
    8 USC Sec. 1551                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1551. Immigration and Naturalization Service

-STATUTE-
      There is created and established in the Department of Justice an
    Immigration and Naturalization Service.

-SOURCE-
    (Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826; June 29, 1906, ch.
    3592, Sec. 1, 34 Stat. 596; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat.
    737; Ex. Ord. No. 6166, Sec. 14, June 10, 1933; 1940 Reorg. Plan
    No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 342 of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-313, title II, Sec. 201, Oct. 17, 2000, 114 Stat.
    1262, provided that: "This title [enacting subchapter II of this
    chapter] may be cited as the 'Immigration Services and
    Infrastructure Improvements Act of 2000'."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Attorney General, Department of
    Justice, or any other officer or any agency of that Department,
    with respect to inspection at regular inspection locations at ports
    of entry of persons, and documents of persons, entering or leaving
    United States, were to have been transferred to Secretary of the
    Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38
    F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,
    Government Organization and Employees. The transfer was negated by
    section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,
    which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,
    1973.
      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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64
    Stat. 1261, set out in the Appendix to Title 5. See sections 509
    and 510 of Title 28, Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      The Immigration and Naturalization Service was abolished by
    section 291(a) of Title 6, Domestic Security, upon completion of
    all transfers from the Immigration and Naturalization Service as
    provided for by chapter 1 of Title 6.
      Functions of the Commissioner of Immigration and Naturalization
    performed under the Border Patrol program, the detention and
    removal program, the intelligence program, the investigations
    program, and the inspections program, and all personnel, assets,
    and liabilities pertaining to such programs, were transferred to
    the Under Secretary for Border and Transportation Security of the
    Department of Homeland Security by section 251 of Title 6 and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.
      Functions of the Commissioner of Immigration and Naturalization
    relating to adjudications of immigrant visa petitions,
    adjudications of naturalization petitions, adjudications of asylum
    and refugee applications, adjudications performed at service
    centers, and all other adjudications performed by the Immigration
    and Naturalization Service, and all personnel, infrastructure, and
    funding provided to the Commissioner in support of such functions,
    were transferred to the Director of the Bureau of Citizenship and
    Immigration Services of the Department of Homeland Security by
    section 271(b) of Title 6 and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified.
      Functions performed by the Statistics Branch of the Office of
    Policy and Planning of the Immigration and Naturalization Service
    with respect to the functions of the Commissioner referred to in
    the two preceding paragraphs were transferred to the Under
    Secretary for Management of the Department of Homeland Security by
    section 341(b)(2) of Title 6 and the Department of Homeland
    Security Reorganization Plan of November 25, 2002, as modified.
      Functions under the immigration laws of the United States with
    respect to the care of unaccompanied alien children that were
    vested by statute in, or performed by, the Commissioner of
    Immigration and Naturalization (or any officer, employee, or
    component of the Immigration and Naturalization Service) were
    transferred to the Director of the Office of Refugee Resettlement
    of the Department of Health and Human Services by section 279(a) of
    Title 6 and the Department of Homeland Security Reorganization Plan
    of November 25, 2002, as modified.
      Personnel of the Department of Justice employed in connection
    with the functions transferred by part E (Sec. 271 et seq.) of
    subchapter IV of chapter 1 of Title 6 (and functions that the
    Secretary of Homeland Security determines are properly related to
    the functions of the Bureau of Citizenship and Immigration
    Services), were transferred to the Director of the Bureau of
    Citizenship and Immigration Services by section 275(b)(2) of Title
    6 and the Department of Homeland Security Reorganization Plan of
    November 25, 2002, as modified. Personnel of the Department of
    Justice employed in connection with the functions transferred by
    section 279 of Title 6 were transferred to the Director of the
    Office of Refugee Resettlement by section 279(f)(3) of Title 6 and
    the Department of Homeland Security Reorganization Plan of November
    25, 2002, as modified.
      For treatment of references to any agency, officer, or office,
    etc. the functions of which were transferred to the Department of
    Homeland Security, see sections 552(d) and 557 of Title 6.

-MISC2-
         INDEPENDENT COMPREHENSIVE MANAGEMENT ANALYSIS OF SERVICE
                 OPERATIONS; ARRANGEMENTS RESPECTING, ETC.
      Pub. L. 96-132, Sec. 10, Nov. 30, 1979, 93 Stat. 1047, provided
    that: "The Attorney General shall make arrangements with an
    appropriate entity for an independent comprehensive management
    analysis of the operations of the Immigration and Naturalization
    Service for the purpose of making such operations efficient and
    cost effective. After the completion of such analysis, the Attorney
    General shall promptly submit a report to the appropriate
    committees of Congress on the results of such analysis together
    with any administrative or legislative recommendations of the
    Attorney General to improve the operations of the Service."

     OFFICE OF SPECIAL INVESTIGATOR; FUNCTIONS, ESTABLISHMENT, POWERS,
                                   ETC.
      Pub. L. 96-132, Sec. 22, Nov. 30, 1979, 93 Stat. 1050, provided
    that:
      "(a) In order to create an independent and objective unit - 
        "(1) to conduct and supervise audits and investigations
      relating to programs and operations of the Immigration and
      Naturalization Service,
        "(2) to provide leadership and coordination and recommend
      policies for activities designed (A) to promote economy,
      efficiency, and effectiveness in the administration of, and (B)
      to prevent and detect fraud and abuse in, such programs and
      operations, and
        "(3) to provide a means for keeping the Commissioner of the
      Immigration and Naturalization Service and the Congress fully and
      currently informed about problems and deficiencies relating to
      the administration of such programs and operations and the
      necessity for and progress of corrective action,
    there is hereby established in the Immigration and Naturalization
    Service of the Department of Justice an Office of Special
    Investigator (hereinafter in this section referred to as 'the
    Office').
      "(b)(1) There shall be at the head of the Office a Special
    Investigator (hereinafter in this section referred to as 'the
    Special Investigator') who shall be appointed by the Attorney
    General without regard to political affiliation and solely on the
    basis of integrity and demonstrated ability in accounting,
    auditing, financial analysis, law, management analysis, public
    administration, or investigations. The Special Investigator shall
    report to and be under the general supervision of the Commissioner,
    who shall not prevent or prohibit the Special Investigator from
    initiating, carrying out, or completing any audit or investigation,
    or from issuing any subpena during the course of any audit or
    investigation.
      "(2) The Special Investigator may be removed from office by the
    Attorney General. The Attorney General shall communicate the
    reasons for any such removal to both Houses of Congress.
      "(3) For the purposes of section 7324 of title 5 of the United
    States Code, the Special Investigator shall not be considered to be
    an employee who determines policies to be pursued by the United
    States in the nationwide administration of Federal laws.
      "(4) The Special Investigator shall, in accordance with
    applicable laws and regulations governing the civil service - 
        "(A) appoint an Assistant Special Investigator for Auditing who
      shall have the responsibility for supervising the performance of
      auditing activities relating to programs and operations of the
      Service, and
        "(B) appoint an Assistant Special Investigator for
      Investigations who shall have the responsibility for the
      performance of investigative activities relating to such programs
      and operations.
      "(c) The following provisions of the Inspector General Act of
    1978 (Public Law 95-452) [set out in the Appendix to Title 5] shall
    apply to the Special Investigator, the Office, the Commissioner,
    and the Service under this section in the same manner as those
    provisions apply to an Inspector General, an Office, the head of
    the establishment, and an establishment under such Act:
        "(1) Section 4 (relating to duties and responsibilities of an
      Inspector General and the manner in which they are carried out).
        "(2) Section 5 (relating to reports required to be prepared and
      furnished by or to an Inspector General and their transmittal and
      availability).
        "(3) Section 6 (relating to the authority of an Inspector
      General and related administrative provisions).
        "(4) Section 7 (relating to the treatment of employee
      complaints by an Inspector General).
      "(d) The Attorney General is authorized to appoint such staff as
    may be necessary to carry out this section.
      "(e) For purposes of this section - 
        "(1) the term 'Service' means the Immigration and
      Naturalization Service;
        "(2) the term 'Department' means the Department of Justice; and
        "(3) the term 'Commissioner' means the Commissioner of
      Immigration and Naturalization.
      "(f) The Special Investigator shall be compensated at the rate
    then payable under section 5316 of title 5 of the United States
    Code for level V of the Executive Schedule.
      "(g) The provisions of this section shall take effect on the date
    of the enactment of this Act [Nov. 30, 1979] and shall cease to
    have effect the earlier of - 
        "(1) 3 years after the date of the enactment of this Act; and
        "(2) the establishment of an office of inspector general for
      the Department of Justice.
      "(h) In addition to any other sums authorized to be appropriated
    by this Act, there are authorized to be appropriated $376,000 for
    the fiscal year ending September 30, 1980 to carry out this
    section."

            HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES        
      By acts Aug. 3, 1882, ch. 376, Secs. 2, 3, 22 Stat. 214; Feb. 23,
    1887, ch. 220, 24 Stat. 415, the administration of the immigration
    laws then in force was reposed in the Secretary of the Treasury.
    Subsequently, by act Mar. 3, 1891, ch. 551, Sec. 7, 26 Stat. 1087,
    the office of the Superintendent of Immigration was created as a
    permanent immigration agency and he in turn was designated
    Commissioner General of Immigration under the heading "Bureau of
    Immigration" by act Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780.
    Upon the establishment of the Department of Commerce and Labor, the
    Commissioner General of Immigration and the Bureau of Immigration
    were transferred to that Department by act Feb. 14, 1903, ch. 552,
    Sec. 4, 32 Stat. 825, and thereafter were redesignated the Bureau
    of Immigration and Naturalization by act June 29, 1906, ch. 3592,
    Sec. 1, 34 Stat. 596. The Bureau of Immigration and Naturalization
    was transferred to the Department of Labor upon its establishment
    by act Mar. 4, 1913, ch. 141, 37 Stat. 736, and divided into two
    bureaus to be known as the Bureau of Immigration and the Bureau of
    Naturalization, respectively. Ex. Ord. No. 6166, Sec. 14, June 10,
    1933, set out as note under section 901 of Title 5, Government
    Organization and Employees, again consolidated these bureaus to
    form the Immigration and Naturalization Service, under a
    "Commissioner of Immigration and Naturalization", which was then
    transferred from the Department of Labor to the Department of
    Justice by 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223,
    54 Stat. 1238, set out in the Appendix to Title 5.

-End-

-CITE-
    8 USC Sec. 1552                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1552. Commissioner of Immigration and Naturalization; office

-STATUTE-
      The office of the Commissioner of Immigration and Naturalization
    is created and established, and the President, by and with the
    advice and consent of the Senate, is authorized and directed to
    appoint such officer. The Attorney General shall provide him with a
    suitable, furnished office in the city of Washington, and with such
    books of record and facilities for the discharge of the duties of
    his office as may be necessary.

-SOURCE-
    (Mar. 3, 1891, ch. 551, Sec. 7, 26 Stat. 1085; Mar. 2, 1895, ch.
    177, Sec. 1, 28 Stat. 780; Apr. 28, 1904, Pub. R. 33, 33 Stat. 591;
    Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Feb. 5, 1917, ch. 29,
    Sec. 23, 39 Stat. 892; Mar. 3, 1917, ch. 163, Sec. 1, 39 Stat.
    1118; Mar. 28, 1922, ch. 117, title II, 42 Stat. 486; Jan. 5, 1923,
    ch. 24, title II, 42 Stat. 1127; Ex. Ord. No. 6166, Sec. 14, June
    10, 1933; 1940 Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223,
    54 Stat. 1238; June 27, 1952, ch. 477, title IV, Sec. 403(a)(4), 66
    Stat. 279.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 342b of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                                AMENDMENTS                            
      1952 - Act June 27, 1952, struck out second and fourth sentences
    relating to duties of commissioner and appointment of an assistant
    commissioner.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Attorney General, Department of
    Justice, or any other officer or any agency of that Department,
    with respect to inspection at regular inspection locations at ports
    of entry of persons, and documents of persons, entering or leaving
    United States, were to have been transferred to Secretary of the
    Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38
    F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,
    Government Organization and employees. The transfer was negated by
    section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,
    which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,
    1973.
      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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64
    Stat. 1261, set out in the Appendix to Title 5. See sections 509
    and 510 of Title 28, Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
            HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES        
      Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note
    under section 901 of Title 5, Government Organization and
    Employees, consolidated the two formerly separate bureaus known as
    the Bureau of Immigration and the Bureau of Naturalization to form
    the Immigration and Naturalization Service under a Commissioner of
    Immigration and Naturalization, which was subsequently transferred
    from the Department of Labor to the Department of Justice by 1940
    Reorg. Plan No. V, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238,
    set out in the Appendix to Title 5. See note set out under section
    1551 of this title.

-End-

-CITE-
    8 USC Sec. 1553                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1553. Assistant Commissioners and one District Director;
      compensation and salary grade

-STATUTE-
      The compensation of the five assistant commissioners and one
    district director shall be at the rate of grade GS-16.

-SOURCE-
    (June 20, 1956, ch. 414, title II, Sec. 201, 70 Stat. 307.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 342b-1 of Title 5
    prior to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those in this section were contained in act
    July 7, 1955, ch. 279, title II, Sec. 201, 69 Stat. 272.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
          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, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    8 USC Sec. 1554                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1554. Special immigrant inspectors at Washington

-STATUTE-
      Special immigrant inspectors, not to exceed three, may be
    detailed for duty in the service at Washington.

-SOURCE-
    (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat. 780; Ex. Ord. No. 6166,
    Sec. 14, June 10, 1933.)

-COD-
                               CODIFICATION                           
      Ex. Ord. No. 6166, is authority for the substitution of "service"
    for "bureau." See note set out under section 1551 of this title.
      Section was formerly classified to section 342g of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378. Thereafter, it was classified to section 111 of
    this title prior to its transfer to this section.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Attorney General, Department of
    Justice, or any other officer or any agency of that Department,
    with respect to inspection at regular inspection locations at ports
    of entry of persons, and documents of persons, entering or leaving
    United States, were to have been transferred to Secretary of the
    Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38
    F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,
    Government Organization and Employees. The transfer was negated by
    section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,
    which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,
    1973.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1555                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1555. Immigration Service expenses

-STATUTE-
      Appropriations now or hereafter provided for the Immigration and
    Naturalization Service shall be available for payment of (a) hire
    of privately owned horses for use on official business, under
    contract with officers or employees of the Service; (b) pay of
    interpreters and translators who are not citizens of the United
    States; (c) distribution of citizenship textbooks to aliens without
    cost to such aliens; (d) payment of allowances (at such rate as may
    be specified from time to time in the appropriation Act involved)
    to aliens, while held in custody under the immigration laws, for
    work performed; and (e) when so specified in the appropriation
    concerned, expenses of unforeseen emergencies of a confidential
    character, to be expended under the direction of the Attorney
    General, who shall make a certificate of the amount of any such
    expenditure as he may think it advisable not to specify, and every
    such certificate shall be deemed a sufficient voucher for the sum
    therein expressed to have been expended.

-SOURCE-
    (July 28, 1950, ch. 503, Sec. 6, 64 Stat. 380.)

-COD-
                               CODIFICATION                           
      Section was formerly classified to section 341d of Title 5 prior
    to the general revision and enactment of Title 5, Government
    Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
    1966, 80 Stat. 378.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1556                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1556. Transferred

-COD-
                               CODIFICATION                           
      Section transferred to section 1353d of this title.

-End-

-CITE-
    8 USC Sec. 1557                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER I - ORGANIZATION

-HEAD-
    Sec. 1557. Prevention of transportation in foreign commerce of
      alien women and girls under international agreement; Commissioner
      designated as authority to receive and preserve information

-STATUTE-
      For the purpose of regulating and preventing the transportation
    in foreign commerce of alien women and girls for purposes of
    prostitution and debauchery, and in pursuance of and for the
    purpose of carrying out the terms of the agreement or project of
    arrangement for the suppression of the white-slave traffic, adopted
    July 25, 1902, for submission to their respective governments by
    the delegates of various powers represented at the Paris Conference
    and confirmed by a formal agreement signed at Paris on May 18,
    1904, and adhered to by the United States on June 6, 1908, as shown
    by the proclamation of the President of the United States dated
    June 15, 1908, the Commissioner of Immigration and Naturalization
    is designated as the authority of the United States to receive and
    centralize information concerning the procuration of alien women
    and girls with a view to their debauchery, and to exercise
    supervision over such alien women and girls, receive their
    declarations, establish their identity, and ascertain from them who
    induced them to leave their native countries, respectively; and it
    shall be the duty of said Commissioner of Immigration and
    Naturalization to receive and keep on file in his office the
    statements and declarations which may be made by such alien women
    and girls, and those which are hereinafter required pertaining to
    such alien women and girls engaged in prostitution or debauchery in
    this country, and to furnish receipts for such statements and
    declarations provided for in this Act to the persons, respectively,
    making and filing them.

-SOURCE-
    (June 25, 1910, ch. 395, Sec. 6, 36 Stat. 826; Ex. Ord. No. 6166,
    Sec. 14, June 10, 1933.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, is act June 25, 1910, ch. 395, 36
    Stat. 825, known as the White Slave Traffic Act, which was
    classified to this section and to sections 397 to 404 of former
    Title 18, Criminal Code and Criminal Procedure. The act, except for
    the provision set out as this section, was repealed by act June 25,
    1948, ch. 645, 62 Stat. 683, section 1 of which enacted Title 18,
    Crimes and Criminal Procedure. See sections 2421 et seq. of Title
    18.

-COD-
                               CODIFICATION                           
      Section was originally classified to section 402(1) of Title 18
    prior to the general revision and enactment of Title 18, Crimes and
    Criminal Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683.
    Thereafter, it was classified to section 342l of Title 5 prior to
    enactment of Title 5, Government Organization and Employees, by
    Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378, and was
    subsequently classified to section 238 of this title prior to
    transfer to this section.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions vested by law in Attorney General, Department of
    Justice, or any other officer or any agency of that Department,
    with respect to inspection at regular inspection locations at ports
    of entry of persons, and documents of persons, entering or leaving
    United States, were to have been transferred to Secretary of the
    Treasury by 1973 Reorg. Plan No. 2, Sec. 2, eff. July 1, 1973, 38
    F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5,
    Government Organization and Employees. The transfer was negated by
    section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88 Stat. 50,
    which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1,
    1973.
      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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3173, 64
    Stat. 1261, set out in the Appendix to Title 5. See sections 509
    and 510 of Title 28, Judiciary and Judicial Procedure.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC1-
            HISTORY OF IMMIGRATION AND NATURALIZATION AGENCIES        
      Ex. Ord. No. 6166, Sec. 14, June 10, 1933, set out as a note
    under section 901 of Title 5, Government Organization and
    Employees, consolidated the two formerly separate bureaus known as
    the Bureau of Immigration and the Bureau of Naturalization to form
    the Immigration and Naturalization Service under a Commissioner of
    Immigration and Naturalization. See note set out under section 1551
    of this title.

-End-

-CITE-
    8 USC SUBCHAPTER II - IMMIGRATION SERVICES AND
           INFRASTRUCTURE IMPROVEMENTS                     01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

-HEAD-
          SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE
                               IMPROVEMENTS

-End-

-CITE-
    8 USC Sec. 1571                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

-HEAD-
    Sec. 1571. Purposes

-STATUTE-
    (a) Purposes
      The purposes of this subchapter are to - 
        (1) provide the Immigration and Naturalization Service with the
      mechanisms it needs to eliminate the current backlog in the
      processing of immigration benefit applications within 1 year
      after October 17, 2000, and to maintain the elimination of the
      backlog in future years; and
        (2) provide for regular congressional oversight of the
      performance of the Immigration and Naturalization Service in
      eliminating the backlog and processing delays in immigration
      benefits adjudications.
    (b) Policy
      It is the sense of Congress that the processing of an immigration
    benefit application should be completed not later than 180 days
    after the initial filing of the application, except that a petition
    for a nonimmigrant visa under section 1184(c) of this title should
    be processed not later than 30 days after the filing of the
    petition.

-SOURCE-
    (Pub. L. 106-313, title II, Sec. 202, Oct. 17, 2000, 114 Stat.
    1262.)

-MISC1-
                                SHORT TITLE                            
      For short title of title II of Pub. L. 106-313, which enacted
    this subchapter, as the "Immigration Services and Infrastructure
    Improvements Act of 2000", see section 201 of Pub. L. 106-313, set
    out as a Short Title of 2000 Amendment note under section 1551 of
    this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1572                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

-HEAD-
    Sec. 1572. Definitions

-STATUTE-
      In this subchapter:
      (1) Backlog
        The term "backlog" means, with respect to an immigration
      benefit application, the period of time in excess of 180 days
      that such application has been pending before the Immigration and
      Naturalization Service.
      (2) Immigration benefit application
        The term "immigration benefit application" means any
      application or petition to confer, certify, change, adjust, or
      extend any status granted under the Immigration and Nationality
      Act [8 U.S.C. 1101 et seq.].

-SOURCE-
    (Pub. L. 106-313, title II, Sec. 203, Oct. 17, 2000, 114 Stat.
    1263.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in par. (2), is
    act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to chapter 12 (Sec. 1101 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1101 of this title and
    Tables.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1573                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

-HEAD-
    Sec. 1573. Immigration services and infrastructure improvement
      account

-STATUTE-
    (a) Authority of the Attorney General
      The Attorney General shall take such measures as may be necessary
    to - 
        (1) reduce the backlog in the processing of immigration benefit
      applications, with the objective of the total elimination of the
      backlog 1 year after November 25, 2002;
        (2) make such other improvements in the processing of
      immigration benefit applications as may be necessary to ensure
      that a backlog does not develop after such date; and
        (3) make such improvements in infrastructure as may be
      necessary to effectively provide immigration services.
    (b) Authorization of appropriations
      (1) In general
        There is authorized to be appropriated to the Department of
      Justice from time to time such sums as may be necessary for the
      Attorney General to carry out subsection (a) of this section.
      (2) Designation of account in treasury
        Amounts appropriated pursuant to paragraph (1) may be referred
      to as the "Immigration Services and Infrastructure Improvements
      Account".
      (3) Availability of funds
        Amounts appropriated pursuant to paragraph (1) are authorized
      to remain available until expended.
      (4) Limitation on expenditures
        None of the funds appropriated pursuant to paragraph (1) may be
      expended until the report described in section 1574(a) of this
      title has been submitted to Congress.

-SOURCE-
    (Pub. L. 106-313, title II, Sec. 204, Oct. 17, 2000, 114 Stat.
    1263; Pub. L. 107-296, title IV, Sec. 458, Nov. 25, 2002, 116 Stat.
    2201.)

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-296 substituted "1 year after
    November 25, 2002;" for "not later than one year after October 17,
    2000;".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1574                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 13 - IMMIGRATION AND NATURALIZATION SERVICE
    SUBCHAPTER II - IMMIGRATION SERVICES AND INFRASTRUCTURE IMPROVEMENTS

-HEAD-
    Sec. 1574. Reports to Congress

-STATUTE-
    (a) Backlog elimination plan
      (1) Report required
        Not later than 90 days after October 17, 2000, the Attorney
      General shall submit a report to the Committees on the Judiciary
      and Appropriations of the Senate and the House of Representatives
      concerning - 
          (A) the backlogs in immigration benefit applications in
        existence as of October 17, 2000; and
          (B) the Attorney General's plan for eliminating such
        backlogs.
      (2) Report elements
        The report shall include - 
          (A) an assessment of the data systems used in adjudicating
        and reporting on the status of immigration benefit
        applications, including - 
            (i) a description of the adequacy of existing computer
          hardware, computer software, and other mechanisms to comply
          with the adjudications and reporting requirements of this
          subchapter; and
            (ii) a plan for implementing improvements to existing data
          systems to accomplish the purpose of this subchapter, as
          described in section 1571(a) of this title;

          (B) a description of the quality controls to be put into
        force to ensure timely, fair, accurate, and complete processing
        and adjudication of such applications;
          (C) the elements specified in subsection (b)(2) of this
        section;
          (D) an estimate of the amount of appropriated funds that
        would be necessary in order to eliminate the backlogs in each
        category of immigration benefit applications described in
        subsection (b)(2) of this section; and
          (E) a detailed plan on how the Attorney General will use any
        funds in the Immigration Services and Infrastructure
        Improvements Account to comply with the purposes of this
        subchapter.
    (b) Annual reports
      (1) In general
        Beginning 90 days after the end of the first fiscal year for
      which any appropriation authorized by section 1573(b) of this
      title is made, and 90 days after the end of each fiscal year
      thereafter, the Attorney General shall submit a report to the
      Committees on the Judiciary and Appropriations of the Senate and
      the House of Representatives concerning the status of - 
          (A) the Immigration Services and Infrastructure Improvements
        Account including any unobligated balances of appropriations in
        the Account; and
          (B) the Attorney General's efforts to eliminate backlogs in
        any immigration benefit application described in paragraph (2).
      (2) Report elements
        The report shall include - 
          (A) State-by-State data on - 
            (i) the number of naturalization cases adjudicated in each
          quarter of each fiscal year;
            (ii) the average processing time for naturalization
          applications;
            (iii) the number of naturalization applications pending for
          up to 6 months, 12 months, 18 months, 24 months, 36 months,
          and 48 months or more;
            (iv) estimated processing times adjudicating newly
          submitted naturalization applications;
            (v) an analysis of the appropriate processing times for
          naturalization applications; and
            (vi) the additional resources and process changes needed to
          eliminate the backlog for naturalization adjudications;

          (B) the status of applications or, where applicable,
        petitions described in subparagraph (C), by Immigration and
        Naturalization Service district, including - 
            (i) the number of cases adjudicated in each quarter of each
          fiscal year;
            (ii) the average processing time for such applications or
          petitions;
            (iii) the number of applications or petitions pending for
          up to 6 months, 12 months, 18 months, 24 months, 36 months,
          and 48 months or more;
            (iv) the estimated processing times adjudicating newly
          submitted applications or petitions;
            (v) an analysis of the appropriate processing times for
          applications or petitions; and
            (vi) a description of the additional resources and process
          changes needed to eliminate the backlog for such processing
          and adjudications; and

          (C) a status report on - 
            (i) applications for adjustments of status to that of an
          alien lawfully admitted for permanent residence;
            (ii) petitions for nonimmigrant visas under section 1184 of
          this title;
            (iii) petitions filed under section 1154 of this title to
          classify aliens as immediate relatives or preference
          immigrants under section 1153 of this title;
            (iv) applications for asylum under section 1158 of this
          title;
            (v) registrations for Temporary Protected Status under
          section 1254a of this title; and
            (vi) a description of the additional resources and process
          changes needed to eliminate the backlog for such processing
          and adjudications.
      (3) Absence of appropriated funds
        In the event that no funds are appropriated subject to section
      1573(b) of this title in the fiscal year in which this Act is
      enacted, the Attorney General shall submit a report to Congress
      not later than 90 days after the end of such fiscal year, and
      each fiscal year thereafter, containing the elements described in
      paragraph (2).

-SOURCE-
    (Pub. L. 106-313, title II, Sec. 205, Oct. 17, 2000, 114 Stat.
    1263.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The fiscal year in which this Act is enacted, referred to in
    subsec. (b)(3), is the fiscal year in which Pub. L. 106-313, which
    was approved Oct. 17, 2000, was enacted.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS
           FOR ALIENS                                      01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

-HEAD-
      CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS  

-MISC1-
    Sec.                                                     
    1601.       Statements of national policy concerning welfare and
                 immigration.                                         

              SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS          
    1611.       Aliens who are not qualified aliens ineligible for
                 Federal public benefits.                             
    1612.       Limited eligibility of qualified aliens for certain
                 Federal programs.                                    
    1613.       Five-year limited eligibility of qualified aliens for
                 Federal means-tested public benefit.                 
    1614.       Notification and information reporting.               
    1615.       Requirements relating to provision of benefits based
                 on citizenship, alienage, or immigration status under
                 the Richard B. Russell National School Lunch Act, the
                 Child Nutrition Act of 1966, and certain other acts. 

      SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                                 PROGRAMS
    1621.       Aliens who are not qualified aliens or nonimmigrants
                 ineligible for State and local public benefits.      
    1622.       State authority to limit eligibility of qualified
                 aliens for State public benefits.                    
    1623.       Limitation on eligibility for preferential treatment
                 of aliens not lawfully present on basis of residence
                 for higher education benefits.                       
    1624.       Authority of States and political subdivisions of
                 States to limit assistance to aliens and to
                 distinguish among classes of aliens in providing
                 general cash public assistance.                      
    1625.       Authorization for verification of eligibility for
                 State and local public benefits.                     

     SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT 
    1631.       Federal attribution of sponsor's income and resources
                 to alien.                                            
    1632.       Authority for States to provide for attribution of
                 sponsors income and resources to the alien with
                 respect to State programs.                           

                    SUBCHAPTER IV - GENERAL PROVISIONS                
    1641.       Definitions.                                          
    1642.       Verification of eligibility for Federal public
                 benefits.                                            
    1643.       Statutory construction.                               
    1644.       Communication between State and local government
                 agencies and Immigration and Naturalization Service. 
    1645.       Qualifying quarters.                                  
    1646.       Derivative eligibility for benefits.                  

-End-

-CITE-
    8 USC Sec. 1601                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS

-HEAD-
    Sec. 1601. Statements of national policy concerning welfare and
      immigration

-STATUTE-
      The Congress makes the following statements concerning national
    policy with respect to welfare and immigration:
        (1) Self-sufficiency has been a basic principle of United
      States immigration law since this country's earliest immigration
      statutes.
        (2) It continues to be the immigration policy of the United
      States that - 
          (A) aliens within the Nation's borders not depend on public
        resources to meet their needs, but rather rely on their own
        capabilities and the resources of their families, their
        sponsors, and private organizations, and
          (B) the availability of public benefits not constitute an
        incentive for immigration to the United States.

        (3) Despite the principle of self-sufficiency, aliens have been
      applying for and receiving public benefits from Federal, State,
      and local governments at increasing rates.
        (4) Current eligibility rules for public assistance and
      unenforceable financial support agreements have proved wholly
      incapable of assuring that individual aliens not burden the
      public benefits system.
        (5) It is a compelling government interest to enact new rules
      for eligibility and sponsorship agreements in order to assure
      that aliens be self-reliant in accordance with national
      immigration policy.
        (6) It is a compelling government interest to remove the
      incentive for illegal immigration provided by the availability of
      public benefits.
        (7) With respect to the State authority to make determinations
      concerning the eligibility of qualified aliens for public
      benefits in this chapter, a State that chooses to follow the
      Federal classification in determining the eligibility of such
      aliens for public assistance shall be considered to have chosen
      the least restrictive means available for achieving the
      compelling governmental interest of assuring that aliens be self-
      reliant in accordance with national immigration policy.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 400, Aug. 22, 1996, 110 Stat.
    2260.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (7), was in the original "this
    title" meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110
    Stat. 2260, as amended, which enacted this chapter, section 1183a
    of this title, and sections 611a and 1437y of Title 42, The Public
    Health and Welfare, amended section 1383 of this title, sections 32
    and 6213 of Title 26, Internal Revenue Code, and sections 1436a and
    1471 of Title 42, and enacted provisions set out as notes under
    section 1183a of this title and section 32 of Title 26. For
    complete classification of title IV to the Code, see Tables.

-End-

-CITE-
    8 USC SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS       01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
              SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS          

-End-

-CITE-
    8 USC Sec. 1611                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
    Sec. 1611. Aliens who are not qualified aliens ineligible for
      Federal public benefits

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law and except as provided
    in subsection (b) of this section, an alien who is not a qualified
    alien (as defined in section 1641 of this title) is not eligible
    for any Federal public benefit (as defined in subsection (c) of
    this section).
    (b) Exceptions
      (1) Subsection (a) of this section shall not apply with respect
    to the following Federal public benefits:
        (A) Medical assistance under title XIX of the Social Security
      Act [42 U.S.C. 1396 et seq.] (or any successor program to such
      title) for care and services that are necessary for the treatment
      of an emergency medical condition (as defined in section
      1903(v)(3) of such Act [42 U.S.C. 1396b(v)(3)]) of the alien
      involved and are not related to an organ transplant procedure, if
      the alien involved otherwise meets the eligibility requirements
      for medical assistance under the State plan approved under such
      title (other than the requirement of the receipt of aid or
      assistance under title IV of such Act [42 U.S.C. 601 et seq.],
      supplemental security income benefits under title XVI of such Act
      [42 U.S.C. 1381 et seq.], or a State supplementary payment).
        (B) Short-term, non-cash, in-kind emergency disaster relief.
        (C) Public health assistance (not including any assistance
      under title XIX of the Social Security Act [42 U.S.C. 1396 et
      seq.]) for immunizations with respect to immunizable diseases and
      for testing and treatment of symptoms of communicable diseases
      whether or not such symptoms are caused by a communicable
      disease.
        (D) Programs, services, or assistance (such as soup kitchens,
      crisis counseling and intervention, and short-term shelter)
      specified by the Attorney General, in the Attorney General's sole
      and unreviewable discretion after consultation with appropriate
      Federal agencies and departments, which (i) deliver in-kind
      services at the community level, including through public or
      private nonprofit agencies; (ii) do not condition the provision
      of assistance, the amount of assistance provided, or the cost of
      assistance provided on the individual recipient's income or
      resources; and (iii) are necessary for the protection of life or
      safety.
        (E) Programs for housing or community development assistance or
      financial assistance administered by the Secretary of Housing and
      Urban Development, any program under title V of the Housing Act
      of 1949 [42 U.S.C. 1471 et seq.], or any assistance under section
      1926c of title 7, to the extent that the alien is receiving such
      a benefit on August 22, 1996.

      (2) Subsection (a) of this section shall not apply to any benefit
    payable under title II of the Social Security Act [42 U.S.C. 401 et
    seq.] to an alien who is lawfully present in the United States as
    determined by the Attorney General, to any benefit if nonpayment of
    such benefit would contravene an international agreement described
    in section 233 of the Social Security Act [42 U.S.C. 433], to any
    benefit if nonpayment would be contrary to section 202(t) of the
    Social Security Act [42 U.S.C. 402(t)], or to any benefit payable
    under title II of the Social Security Act to which entitlement is
    based on an application filed in or before August 1996.
      (3) Subsection (a) of this section shall not apply to any benefit
    payable under title XVIII of the Social Security Act [42 U.S.C.
    1395 et seq.] (relating to the medicare program) to an alien who is
    lawfully present in the United States as determined by the Attorney
    General and, with respect to benefits payable under part A of such
    title [42 U.S.C. 1395c et seq.], who was authorized to be employed
    with respect to any wages attributable to employment which are
    counted for purposes of eligibility for such benefits.
      (4) Subsection (a) of this section shall not apply to any benefit
    payable under the Railroad Retirement Act of 1974 [45 U.S.C. 231 et
    seq.] or the Railroad Unemployment Insurance Act [45 U.S.C. 351 et
    seq.] to an alien who is lawfully present in the United States as
    determined by the Attorney General or to an alien residing outside
    the United States.
      (5) Subsection (a) of this section shall not apply to eligibility
    for benefits for the program defined in section 1612(a)(3)(A) of
    this title (relating to the supplemental security income program),
    or to eligibility for benefits under any other program that is
    based on eligibility for benefits under the program so defined, for
    an alien who was receiving such benefits on August 22, 1996.
    (c) "Federal public benefit" defined
      (1) Except as provided in paragraph (2), for purposes of this
    chapter the term "Federal public benefit" means - 
        (A) any grant, contract, loan, professional license, or
      commercial license provided by an agency of the United States or
      by appropriated funds of the United States; and
        (B) any retirement, welfare, health, disability, public or
      assisted housing, postsecondary education, food assistance,
      unemployment benefit, or any other similar benefit for which
      payments or assistance are provided to an individual, household,
      or family eligibility unit by an agency of the United States or
      by appropriated funds of the United States.

      (2) Such term shall not apply - 
        (A) to any contract, professional license, or commercial
      license for a nonimmigrant whose visa for entry is related to
      such employment in the United States, or to a citizen of a freely
      associated state, if section 141 of the applicable compact of
      free association approved in Public Law 99-239 or 99-658 (or a
      successor provision) is in effect;
        (B) with respect to benefits for an alien who as a work
      authorized nonimmigrant or as an alien lawfully admitted for
      permanent residence under the Immigration and Nationality Act [8
      U.S.C. 1101 et seq.] qualified for such benefits and for whom the
      United States under reciprocal treaty agreements is required to
      pay benefits, as determined by the Attorney General, after
      consultation with the Secretary of State; or
        (C) to the issuance of a professional license to, or the
      renewal of a professional license by, a foreign national not
      physically present in the United States.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 401, Aug. 22, 1996, 110 Stat.
    2261; Pub. L. 105-33, title V, Secs. 5561, 5565, Aug. 5, 1997, 111
    Stat. 638, 639; Pub. L. 105-306, Secs. 2, 5(a), Oct. 28, 1998, 112
    Stat. 2926, 2927.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (b), is act Aug.
    14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II, IV, XVI,
    XVIII, and XIX of the Act are classified generally to subchapters
    II (Sec. 401 et seq.), IV (Sec. 601 et seq.), XVI (Sec. 1381 et
    seq.), XVIII (Sec. 1395 et seq.), and XIX (Sec. 1396 et seq.),
    respectively, of chapter 7 of Title 42, The Public Health and
    Welfare. Part A of title XVIII of the Act is classified generally
    to part A (Sec. 1395c et seq.) of subchapter XVIII of chapter 7 of
    Title 42. For complete classification of this Act to the Code, see
    section 1305 of Title 42 and Tables.
      The Housing Act of 1949, referred to in subsec. (b)(1)(E), is act
    July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the
    Act is classified generally to subchapter III (Sec. 1471 et seq.)
    of chapter 8A of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1441 of Title 42 and Tables.
      The Railroad Retirement Act of 1974, referred to in subsec.
    (b)(4), is act Aug. 29, 1935, ch. 812, as amended generally by Pub.
    L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which
    is classified generally to subchapter IV (Sec. 231 et seq.) of
    chapter 9 of Title 45, Railroads. For further details and complete
    classification of this Act to the Code, see Codification note set
    out preceding section 231 of Title 45, section 231t of Title 45,
    and Tables.
      The Railroad Unemployment Insurance Act, referred to in subsec.
    (b)(4), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,
    which is classified principally to chapter 11 (Sec. 351 et seq.) of
    Title 45, Railroads. For complete classification of this Act to the
    Code, see Tables.
      This chapter, referred to in subsec. (c)(1), was in the original
    "this title" meaning title IV of Pub. L. 104-193, Aug. 22, 1996,
    110 Stat. 2260, which enacted this chapter, section 1183a of this
    title, and sections 611a and 1437y of Title 42, The Public Health
    and Welfare, amended section 1383 of this title, sections 32 and
    6213 of Title 26, Internal Revenue Code, and sections 1436a and
    1471 of Title 42, and enacted provisions set out as notes under
    section 1183a of this title and section 32 of Title 26. For
    complete classification of title IV to the Code, see Tables.
      Section 141 of the applicable compact of free association
    approved in Public Law 99-239 or 99-658, referred to in subsec.
    (c)(2)(A), means section 141 of the Compact of Free Association
    between the Government of the United States and the Governments of
    the Marshall Islands and the Federated States of Micronesia, which
    is contained in section 201 of Pub. L. 99-239, set out as a note
    under section 1901 of Title 48, Territories and Insular
    Possessions, and section 141 of the Compact of Free Association
    between the United States and the Government of Palau, which is
    contained in section 201 of Pub. L. 99-658, set out as a note under
    section 1931 of Title 48.
      The Immigration and Nationality Act, referred to in subsec.
    (c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(5). Pub. L. 105-306, Sec. 2, added par. (5).
      Subsec. (c)(2)(C). Pub. L. 105-306, Sec. 5(a), added subpar. (C).
      1997 - Subsec. (b)(3). Pub. L. 105-33, Sec. 5561(a), added par.
    (3).
      Subsec. (b)(4). Pub. L. 105-33, Sec. 5561(b), added par. (4).
      Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5565, inserted before
    semicolon ", or to a citizen of a freely associated state, if
    section 141 of the applicable compact of free association approved
    in Public Law 99-239 or 99-658 (or a successor provision) is in
    effect".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
    ADDITIONAL FUNDING FOR STATE EMERGENCY HEALTH SERVICES FURNISHED TO
                            UNDOCUMENTED ALIENS
      Section 4723 of Pub. L. 105-33 provided that:
      "(a) Total Amount Available for Allotment. - There are available
    for allotments under this section for each of the 4 consecutive
    fiscal years (beginning with fiscal year 1998) $25,000,000 for
    payments to certain States under this section.
      "(b) State Allotment Amount. - 
        "(1) In general. - The Secretary of Health and Human Services
      shall compute an allotment for each fiscal year beginning with
      fiscal year 1998 and ending with fiscal year 2001 for each of the
      12 States with the highest number of undocumented aliens. The
      amount of such allotment for each such State for a fiscal year
      shall bear the same ratio to the total amount available for
      allotments under subsection (a) for the fiscal year as the ratio
      of the number of undocumented aliens in the State in the fiscal
      year bears to the total of such numbers for all such States for
      such fiscal year. The amount of allotment to a State provided
      under this paragraph for a fiscal year that is not paid out under
      subsection (c) shall be available for payment during the
      subsequent fiscal year.
        "(2) Determination. - For purposes of paragraph (1), the number
      of undocumented aliens in a State under this section shall be
      determined based on estimates of the resident illegal alien
      population residing in each State prepared by the Statistics
      Division of the Immigration and Naturalization Service as of
      October 1992 (or as of such later date if such date is at least 1
      year before the beginning of the fiscal year involved).
      "(c) Use of Funds. - From the allotments made under subsection
    (b), the Secretary shall pay to each State amounts the State
    demonstrates were paid by the State (or by a political subdivision
    of the State) for emergency health services furnished to
    undocumented aliens.
      "(d) State Defined. - For purposes of this section, the term
    'State' includes the District of Columbia.
      "(e) State Entitlement. - This section constitutes budget
    authority in advance of appropriations Acts and represents the
    obligation of the Federal Government to provide for the payment to
    States of amounts provided under this section."

      STUDY AND REPORT ON ALIEN STUDENT ELIGIBILITY FOR POSTSECONDARY
                   FEDERAL STUDENT FINANCIAL ASSISTANCE
      Pub. L. 104-208, div. C, title V, Sec. 506, Sept. 30, 1996, 110
    Stat. 3009-672, provided that not later than one year after Sept.
    30, 1996, the Comptroller General was to submit to Congress a
    report on the extent to which aliens who were not lawfully admitted
    for permanent residence were receiving postsecondary Federal
    student financial assistance, and the Secretary of Education and
    the Commissioner of Social Security were jointly to submit to
    Congress a report on the computer matching program of the
    Department of Education under section 1091(p) of title 20.

-End-

-CITE-
    8 USC Sec. 1612                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
    Sec. 1612. Limited eligibility of qualified aliens for certain
      Federal programs

-STATUTE-
    (a) Limited eligibility for specified Federal programs
      (1) In general
        Notwithstanding any other provision of law and except as
      provided in paragraph (2), an alien who is a qualified alien (as
      defined in section 1641 of this title) is not eligible for any
      specified Federal program (as defined in paragraph (3)).
      (2) Exceptions
        (A) Time-limited exception for refugees and asylees
          With respect to the specified Federal programs described in
        paragraph (3), paragraph (1) shall not apply to an alien until
        7 years after the date - 
            (i) an alien is admitted to the United States as a refugee
          under section 207 of the Immigration and Nationality Act [8
          U.S.C. 1157];
            (ii) an alien is granted asylum under section 208 of such
          Act [8 U.S.C. 1158];
            (iii) an alien's deportation is withheld under section
          243(h) of such Act [8 U.S.C. 1253] (as in effect immediately
          before the effective date of section 307 of division C of
          Public Law 104-208) or section 241(b)(3) of such Act [8
          U.S.C. 1231(b)(3)] (as amended by section 305(a) of division
          C of Public Law 104-208);
            (iv) an alien is granted status as a Cuban and Haitian
          entrant (as defined in section 501(e) of the Refugee
          Education Assistance Act of 1980); or
            (v) an alien is admitted to the United States as an
          Amerasian immigrant pursuant to section 584 of the Foreign
          Operations, Export Financing, and Related Programs
          Appropriations Act, 1988 (as contained in section 101(e) of
          Public Law 100-202 and amended by the 9th proviso under
          migration and refugee assistance in title II of the Foreign
          Operations, Export Financing, and Related Programs
          Appropriations Act, 1989, Public Law 100-461, as amended).
        (B) Certain permanent resident aliens
          Paragraph (1) shall not apply to an alien who - 
            (i) is lawfully admitted to the United States for permanent
          residence under the Immigration and Nationality Act [8 U.S.C.
          1101 et seq.]; and
            (ii)(I) has worked 40 qualifying quarters of coverage as
          defined under title II of the Social Security Act [42 U.S.C.
          401 et seq.] or can be credited with such qualifying quarters
          as provided under section 1645 of this title, and (II) in the
          case of any such qualifying quarter creditable for any period
          beginning after December 31, 1996, did not receive any
          Federal means-tested public benefit (as provided under
          section 1613 of this title) during any such period.
        (C) Veteran and active duty exception
          Paragraph (1) shall not apply to an alien who is lawfully
        residing in any State and is - 
            (i) a veteran (as defined in section 101, 1101, or 1301, or
          as described in section 107 of title 38) with a discharge
          characterized as an honorable discharge and not on account of
          alienage and who fulfills the minimum active-duty service
          requirements of section 5303A(d) of title 38,
            (ii) on active duty (other than active duty for training)
          in the Armed Forces of the United States, or
            (iii) the spouse or unmarried dependent child of an
          individual described in clause (i) or (ii) or the unremarried
          surviving spouse of an individual described in clause (i) or
          (ii) who is deceased if the marriage fulfills the
          requirements of section 1304 of title 38.
        (D) Transition for aliens currently receiving benefits
          (i) SSI
            (I) In general
              With respect to the specified Federal program described
            in paragraph (3)(A), during the period beginning on August
            22, 1996, and ending on September 30, 1998, the
            Commissioner of Social Security shall redetermine the
            eligibility of any individual who is receiving benefits
            under such program as of August 22, 1996, and whose
            eligibility for such benefits may terminate by reason of
            the provisions of this subsection.
            (II) Redetermination criteria
              With respect to any redetermination under subclause (I),
            the Commissioner of Social Security shall apply the
            eligibility criteria for new applicants for benefits under
            such program.
            (III) Grandfather provision
              The provisions of this subsection and the redetermination
            under subclause (I), shall only apply with respect to the
            benefits of an individual described in subclause (I) for
            months beginning on or after September 30, 1998.
            (IV) Notice
              Not later than March 31, 1997, the Commissioner of Social
            Security shall notify an individual described in subclause
            (I) of the provisions of this clause.
          (ii) Food stamps
            (I) In general
              With respect to the specified Federal program described
            in paragraph (3)(B), ineligibility under paragraph (1)
            shall not apply until April 1, 1997, to an alien who
            received benefits under such program on August 22, 1996,
            unless such alien is determined to be ineligible to receive
            such benefits under the Food Stamp Act of 1977 [7 U.S.C.
            2011 et seq.]. The State agency shall recertify the
            eligibility of all such aliens during the period beginning
            April 1, 1997, and ending August 22, 1997.
            (II) Recertification criteria
              With respect to any recertification under subclause (I),
            the State agency shall apply the eligibility criteria for
            applicants for benefits under such program.
            (III) Grandfather provision
              The provisions of this subsection and the recertification
            under subclause (I) shall only apply with respect to the
            eligibility of an alien for a program for months beginning
            on or after the date of recertification, if on August 22,
            1996, the alien is lawfully residing in any State and is
            receiving benefits under such program on August 22, 1996.
        (E) Aliens receiving SSI on August 22, 1996
          With respect to eligibility for benefits for the program
        defined in paragraph (3)(A) (relating to the supplemental
        security income program), paragraph (1) shall not apply to an
        alien who is lawfully residing in the United States and who was
        receiving such benefits on August 22, 1996.
        (F) Disabled aliens lawfully residing in the United States on
          August 22, 1996
          With respect to eligibility for benefits for the specified
        Federal programs described in paragraph (3), paragraph (1)
        shall not apply to an alien who - 
            (i) in the case of the specified Federal program described
          in paragraph (3)(A) - 
              (I) was lawfully residing in the United States on August
            22, 1996; and
              (II) is blind or disabled (as defined in paragraph (2) or
            (3) of section 1614(a) of the Social Security Act (42
            U.S.C. 1382c(a))); and

            (ii) in the case of the specified Federal program described
          in paragraph (3)(B), is receiving benefits or assistance for
          blindness or disability (within the meaning of section 3(r)
          of the Food Stamp Act of 1977 (7 U.S.C. 2012(r))).
        (G) Exception for certain Indians
          With respect to eligibility for benefits for the specified
        Federal programs described in paragraph (3), section 1611(a) of
        this title and paragraph (1) shall not apply to any individual -
         
            (i) who is an American Indian born in Canada to whom the
          provisions of section 289 of the Immigration and Nationality
          Act (8 U.S.C. 1359) apply; or
            (ii) who is a member of an Indian tribe (as defined in
          section 450b(e) of title 25).
        (H) SSI exception for certain recipients on the basis of very
          old applications
          With respect to eligibility for benefits for the program
        defined in paragraph (3)(A) (relating to the supplemental
        security income program), paragraph (1) shall not apply to any
        individual - 
            (i) who is receiving benefits under such program for months
          after July 1996 on the basis of an application filed before
          January 1, 1979; and
            (ii) with respect to whom the Commissioner of Social
          Security lacks clear and convincing evidence that such
          individual is an alien ineligible for such benefits as a
          result of the application of this section.
        (I) Food stamp exception for certain elderly individuals
          With respect to eligibility for benefits for the specified
        Federal program described in paragraph (3)(B), paragraph (1)
        shall not apply to any individual who on August 22, 1996 - 
            (i) was lawfully residing in the United States; and
            (ii) was 65 years of age or older.
        (J) Food stamp exception for certain children
          With respect to eligibility for benefits for the specified
        Federal program described in paragraph (3)(B), paragraph (1)
        shall not apply to any individual who is under 18 years of age.
        (K) Food stamp exception for certain Hmong and Highland
          Laotians
          With respect to eligibility for benefits for the specified
        Federal program described in paragraph (3)(B), paragraph (1)
        shall not apply to - 
            (i) any individual who - 
              (I) is lawfully residing in the United States; and
              (II) was a member of a Hmong or Highland Laotian tribe at
            the time that the tribe rendered assistance to United
            States personnel by taking part in a military or rescue
            operation during the Vietnam era (as defined in section 101
            of title 38);

            (ii) the spouse, or an unmarried dependent child, of such
          an individual; or
            (iii) the unremarried surviving spouse of such an
          individual who is deceased.
        (L) Food stamp exception for certain qualified aliens
          With respect to eligibility for benefits for the specified
        Federal program described in paragraph (3)(B), paragraph (1)
        shall not apply to any qualified alien who has resided in the
        United States with a status within the meaning of the term
        "qualified alien" for a period of 5 years or more beginning on
        the date of the alien's entry into the United States.
      (3) "Specified Federal program" defined
        For purposes of this chapter, the term "specified Federal
      program" means any of the following:
        (A) SSI
          The supplemental security income program under title XVI of
        the Social Security Act [42 U.S.C. 1381 et seq.], including
        supplementary payments pursuant to an agreement for Federal
        administration under section 1616(a) of the Social Security Act
        [42 U.S.C. 1382e(a)] and payments pursuant to an agreement
        entered into under section 212(b) of Public Law 93-66.
        (B) Food stamps
          The food stamp program as defined in section 3(h) of the Food
        Stamp Act of 1977 [7 U.S.C. 2012(h)].
    (b) Limited eligibility for designated Federal programs
      (1) In general
        Notwithstanding any other provision of law and except as
      provided in section 1613 of this title and paragraph (2), a State
      is authorized to determine the eligibility of an alien who is a
      qualified alien (as defined in section 1641 of this title) for
      any designated Federal program (as defined in paragraph (3)).
      (2) Exceptions
        Qualified aliens under this paragraph shall be eligible for any
      designated Federal program.
        (A) Time-limited exception for refugees and asylees
          (i) Medicaid
            With respect to the designated Federal program described in
          paragraph (3)(C), paragraph (1) shall not apply to an alien
          until 7 years after the date - 
              (I) an alien is admitted to the United States as a
            refugee under section 207 of the Immigration and
            Nationality Act [8 U.S.C. 1157];
              (II) an alien is granted asylum under section 208 of such
            Act [8 U.S.C. 1158];
              (III) an alien's deportation is withheld under section
            243(h) of such Act [8 U.S.C. 1253] (as in effect
            immediately before the effective date of section 307 of
            division C of Public Law 104-208) or section 241(b)(3) of
            such Act [8 U.S.C. 1231(b)(3)] (as amended by section
            305(a) of division C of Public Law 104-208);
              (IV) an alien is granted status as a Cuban and Haitian
            entrant (as defined in section 501(e) of the Refugee
            Education Assistance Act of 1980); or
              (V) an alien (!1) admitted to the United States as an
            Amerasian immigrant as described in subsection
            (a)(2)(A)(i)(V) (!2) of this section until 5 years after
            the date of such alien's entry into the United States.

          (ii) Other designated Federal programs
            With respect to the designated Federal programs under
          paragraph (3) (other than subparagraph (C)), paragraph (1)
          shall not apply to an alien until 5 years after the date - 
              (I) an alien is admitted to the United States as a
            refugee under section 207 of the Immigration and
            Nationality Act [8 U.S.C. 1157];
              (II) an alien is granted asylum under section 208 of such
            Act [8 U.S.C. 1158];
              (III) an alien's deportation is withheld under section
            243(h) of such Act [8 U.S.C. 1253] (as in effect
            immediately before the effective date of section 307 of
            division C of Public Law 104-208) or section 241(b)(3) of
            such Act [8 U.S.C. 1231(b)(3)] (as amended by section
            305(a) of division C of Public Law 104-208);
              (IV) an alien is granted status as a Cuban and Haitian
            entrant (as defined in section 501(e) of the Refugee
            Education Assistance Act of 1980); or
              (V) an alien (!1) admitted to the United States as an
            Amerasian immigrant as described in subsection
            (a)(2)(A)(i)(V) (!2) of this section until 5 years after
            the date of such alien's entry into the United States.
        (B) Certain permanent resident aliens
          An alien who - 
            (i) is lawfully admitted to the United States for permanent
          residence under the Immigration and Nationality Act [8 U.S.C.
          1101 et seq.]; and
            (ii)(I) has worked 40 qualifying quarters of coverage as
          defined under title II of the Social Security Act [42 U.S.C.
          401 et seq.] or can be credited with such qualifying quarters
          as provided under section 1645 of this title, and (II) in the
          case of any such qualifying quarter creditable for any period
          beginning after December 31, 1996, did not receive any
          Federal means-tested public benefit (as provided under
          section 1613 of this title) during any such period.
        (C) Veteran and active duty exception
          An alien who is lawfully residing in any State and is - 
            (i) a veteran (as defined in section 101, 1101, or 1301, or
          as described in section 107 of title 38) with a discharge
          characterized as an honorable discharge and not on account of
          alienage and who fulfills the minimum active-duty service
          requirements of section 5303A(d) of title 38,
            (ii) on active duty (other than active duty for training)
          in the Armed Forces of the United States, or
            (iii) the spouse or unmarried dependent child of an
          individual described in clause (i) or (ii) or the unremarried
          surviving spouse of an individual described in clause (i) or
          (ii) who is deceased if the marriage fulfills the
          requirements of section 1304 of title 38.
        (D) Transition for those currently receiving benefits
          An alien who on August 22, 1996, is lawfully residing in any
        State and is receiving benefits under such program on August
        22, 1996, shall continue to be eligible to receive such
        benefits until January 1, 1997.
        (E) Medicaid exception for certain Indians
          With respect to eligibility for benefits for the program
        defined in paragraph (3)(C) (relating to the medicaid program),
        section 1611(a) of this title and paragraph (1) shall not apply
        to any individual described in subsection (a)(2)(G) of this
        section.
        (F) Medicaid exception for aliens receiving SSI
          An alien who is receiving benefits under the program defined
        in subsection (a)(3)(A) of this section (relating to the
        supplemental security income program) shall be eligible for
        medical assistance under a State plan under title XIX of the
        Social Security Act (42 U.S.C. 1396 et seq.) under the same
        terms and conditions that apply to other recipients of benefits
        under the program defined in such subsection.
      (3) "Designated Federal program" defined
        For purposes of this chapter, the term "designated Federal
      program" means any of the following:
        (A) Temporary assistance for needy families
          The program of block grants to States for temporary
        assistance for needy families under part A of title IV of the
        Social Security Act [42 U.S.C. 601 et seq.].
        (B) Social services block grant
          The program of block grants to States for social services
        under title XX of the Social Security Act [42 U.S.C. 1397 et
        seq.].
        (C) Medicaid
          A State plan approved under title XIX of the Social Security
        Act [42 U.S.C. 1396 et seq.], other than medical assistance
        described in section 1611(b)(1)(A) of this title.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 402, Aug. 22, 1996, 110 Stat.
    2262; Pub. L. 104-208, div. C, title V, Sec. 510, Sept. 30, 1996,
    110 Stat. 3009-673; Pub. L. 105-18, title II, Sec. 6005(a), June
    12, 1997, 111 Stat. 191; Pub. L. 105-33, title V, Secs. 5301-
    5302(b), 5303(a), (b), 5304, 5305(b), 5306(a), (b), 5562, 5563,
    Aug. 5, 1997, 111 Stat. 597, 598, 600-602, 638; Pub. L. 105-185,
    title V, Secs. 503-508, June 23, 1998, 112 Stat. 578, 579; Pub. L.
    107-171, title IV, Sec. 4401(a), (b)(1), (c)(1), May 13, 2002, 116
    Stat. 333.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 243 of such Act, referred to in subsecs. (a)(2)(A)(iii)
    and (b)(2)(A)(i)(III), (ii)(III), is section 243 of act June 27,
    1952, which is classified to section 1253 of this title. Section
    1253 of this title was amended generally by Pub. L. 104-208, div.
    C, title III, Sec. 307(a), Sept. 30, 1996, 110 Stat. 3009-612, and,
    as so amended, no longer contains a subsec. (h). For effective date
    of section 307 of Pub. L. 104-208, see section 309 of Pub. L. 104-
    208, set out as an Effective Date of 1996 Amendments note under
    section 1101 of this title.
      Section 501(e) of the Refugee Education Assistance Act of 1980,
    referred to in subsecs. (a)(2)(A)(iv) and (b)(2)(A)(i)(IV),
    (ii)(IV), is section 501(e) of Pub. L. 96-422, as amended, which is
    set out in a note under section 1522 of this title.
      Section 584 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1988, as contained in section
    101(e) of Public Law 100-202, referred to in subsec. (a)(2)(A)(v),
    is section 101(e) [title V, Sec. 584] of Pub. L. 100-202, Dec. 22,
    1987, 101 Stat. 1329-183, as amended, which is set out as an
    Amerasian Immigration note under section 1101 of this title.
      The 9th proviso under migration and refugee assistance in title
    II of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1989, Public Law 100-461, referred to
    in subsec. (a)(2)(A)(v), is contained in Pub. L. 100-461, title II,
    Oct. 1, 1988, 102 Stat. 2268-15, as amended, which is set out as an
    Amerasian Immigration note under section 1101 of this title.
      The Immigration and Nationality Act, referred to in subsecs.
    (a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477, 66
    Stat. 163, as amended, which is classified principally to chapter
    12 (Sec. 1101 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1101 of this title and Tables.
      The Social Security Act, referred to in subsecs.
    (a)(2)(B)(ii)(I), (3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II, XVI,
    XIX, and XX of the Act are classified generally to subchapters II
    (Sec. 401 et seq.), XVI (Sec. 1381 et seq.), XIX (Sec. 1396 et
    seq.) and XX (Sec. 1397 et seq.), respectively, of chapter 7 of
    Title 42, The Public Health and Welfare. Part A of title IV of the
    Act is classified generally to part A (Sec. 601 et seq.) of
    subchapter IV of chapter 7 of Title 42. For complete classification
    of this Act to the Code, see section 1305 of Title 42 and Tables.
      The Food Stamp Act of 1977, referred to in subsec.
    (a)(2)(D)(ii)(I), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
    as amended, which is classified generally to chapter 51 (Sec. 2011
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of Title 7 and Tables.
      Section 212(b) of Public Law 93-66, referred to in subsec.
    (a)(3)(A), is set out as a note under section 1382 of Title 42, The
    Public Health and Welfare.
      Subsection (a)(2)(A)(i)(V) of this section, referred to in
    subsec. (b)(2)(A)(i)(V), (ii)(V), was redesignated section
    1612(a)(2)(A)(v) of this title by Pub. L. 105-185, title V, Sec.
    503(2), (3), June 23, 1998, 112 Stat. 578.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2)(F). Pub. L. 107-171, Sec. 4401(a), added
    cl. (i), substituted "(ii) in the case" for "(II) in the case", and
    struck out former cls. (i) and (ii)(I) which read as follows:
      "(i) was lawfully residing in the United States on August 22,
    1996; and
      "(ii)(I) in the case of the specified Federal program described
    in paragraph (3)(A), is blind or disabled, as defined in section
    1614(a)(2) or 1614(a)(3) of the Social Security Act; and".
      Subsec. (a)(2)(J). Pub. L. 107-171, Sec. 4401(b)(1), substituted
    "who is under 18 years of age." for "who - 
        "(i) was lawfully residing in the United States on August 22,
      1996; and
        "(ii) is under 18 years of age."
      Subsec. (a)(2)(L). Pub. L. 107-171, Sec. 4401(c)(1), added
    subpar. (L).
      1998 - Subsec. (a)(2)(A). Pub. L. 105-185, Sec. 503, struck out
    cl. (i) designation and heading after subpar. (A) heading,
    substituted "programs described in paragraph (3)" for "program
    described in paragraph (3)(A)" in introductory provisions,
    redesignated subcls. (I) to (V) as cls. (i) to (v), respectively,
    and realigned their margins, and struck out heading and text of
    former cl. (ii) which related to eligibility of certain aliens for
    the food stamp program.
      Subsec. (a)(2)(F). Pub. L. 105-185, Sec. 504(1), substituted
    "specified Federal programs described in paragraph (3)" for
    "program defined in paragraph (3)(A) (relating to the supplemental
    security income program)" in introductory provisions.
      Subsec. (a)(2)(F)(ii). Pub. L. 105-185, Sec. 504(2), designated
    existing provisions as subcl. (I), inserted "in the case of the
    specified Federal program described in paragraph (3)(A)," before
    "is blind", substituted "; and" for period at end, and added subcl.
    (II).
      Subsec. (a)(2)(G). Pub. L. 105-185, Sec. 505, substituted
    "Exception" for "SSI exception" in subpar. heading and "specified
    Federal programs described in paragraph (3)" for "program defined
    in paragraph (3)(A) (relating to the supplemental security income
    program)" in introductory provisions.
      Subsec. (a)(2)(I). Pub. L. 105-185, Sec. 506, added subpar. (I).
      Subsec. (a)(2)(J). Pub. L. 105-185, Sec. 507, added subpar. (J).
      Subsec. (a)(2)(K). Pub. L. 105-185, Sec. 508, added subpar. (K).
      1997 - Subsec. (a)(2)(A). Pub. L. 105-33, Sec. 5302(a), amended
    heading and text of subpar. (A) generally. Prior to amendment, text
    read as follows: "Paragraph (1) shall not apply to an alien until 5
    years after the date - 
        "(i) an alien is admitted to the United States as a refugee
      under section 207 of the Immigration and Nationality Act;
        "(ii) an alien is granted asylum under section 208 of such Act;
      or
        "(iii) an alien's deportation is withheld under section 243(h)
      of such Act."
      Subsec. (a)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted
    "section 243(h) of such Act (as in effect immediately before the
    effective date of section 307 of division C of Public Law 104-208)
    or section 241(b)(3) of such Act (as amended by section 305(a) of
    division C of Public Law 104-208)" for "section 243(h) of such
    Act".
      Subsec. (a)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(a)(1), added
    subcl. (V).
      Subsec. (a)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562,
    substituted "section 243(h) of such Act (as in effect immediately
    before the effective date of section 307 of division C of Public
    Law 104-208) or section 241(b)(3) of such Act (as amended by
    section 305(a) of division C of Public Law 104-208)" for "section
    243(h) of such Act".
      Subsec. (a)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(a)(2), added
    subcl. (V).
      Subsec. (a)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ",
    1101, or 1301, or as described in section 107" after "section 101".
      Pub. L. 105-33, Sec. 5563(a), inserted "and who fulfills the
    minimum active-duty service requirements of section 5303A(d) of
    title 38" after "alienage".
      Subsec. (a)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted
    before period at end "or the unremarried surviving spouse of an
    individual described in clause (i) or (ii) who is deceased if the
    marriage fulfills the requirements of section 1304 of title 38".
      Subsec. (a)(2)(D)(i)(I). Pub. L. 105-33, Sec. 5301(c)(1),
    substituted "September 30, 1998," for "September 30, 1997,".
      Pub. L. 105-18, Sec. 6005(a)(1), substituted "September 30, 1997"
    for "the date which is 1 year after August 22, 1996".
      Subsec. (a)(2)(D)(i)(III). Pub. L. 105-33, Sec. 5301(c)(2),
    substituted "September 30, 1998" for "September 30, 1997,".
      Pub. L. 105-18, Sec. 6005(a)(2), substituted "September 30,
    1997," for "the date of the redetermination with respect to such
    individual".
      Subsec. (a)(2)(E). Pub. L. 105-33, Sec. 5301(a), added subpar.
    (E).
      Subsec. (a)(2)(F). Pub. L. 105-33, Sec. 5301(b), added subpar.
    (F).
      Subsec. (a)(2)(G). Pub. L. 105-33, Sec. 5303(a), added subpar.
    (G).
      Subsec. (a)(2)(H). Pub. L. 105-33, Sec. 5304, added subpar. (H).
      Subsec. (b)(2)(A). Pub. L. 105-33, Sec. 5302(b), amended heading
    and text of subpar. (A) generally. Prior to amendment, text read as
    follows:
      "(i) An alien who is admitted to the United States as a refugee
    under section 207 of the Immigration and Nationality Act until 5
    years after the date of an alien's entry into the United States.
      "(ii) An alien who is granted asylum under section 208 of such
    Act until 5 years after the date of such grant of asylum.
      "(iii) An alien whose deportation is being withheld under section
    243(h) of such Act until 5 years after such withholding."
      Subsec. (b)(2)(A)(i)(III). Pub. L. 105-33, Sec. 5562, substituted
    "section 243(h) of such Act (as in effect immediately before the
    effective date of section 307 of division C of Public Law 104-208)
    or section 241(b)(3) of such Act (as amended by section 305(a) of
    division C of Public Law 104-208)" for "section 243(h) of such
    Act".
      Subsec. (b)(2)(A)(i)(V). Pub. L. 105-33, Sec. 5306(b)(1), added
    subcl. (V).
      Subsec. (b)(2)(A)(ii)(III). Pub. L. 105-33, Sec. 5562,
    substituted "section 243(h) of such Act (as in effect immediately
    before the effective date of section 307 of division C of Public
    Law 104-208) or section 241(b)(3) of such Act (as amended by
    section 305(a) of division C of Public Law 104-208)" for "section
    243(h) of such Act".
      Subsec. (b)(2)(A)(ii)(V). Pub. L. 105-33, Sec. 5306(b)(2), added
    subcl. (V).
      Subsec. (b)(2)(C)(i). Pub. L. 105-33, Sec. 5563(c), inserted ",
    1101, or 1301, or as described in section 107" after "section 101".
      Pub. L. 105-33, Sec. 5563(a), inserted "and who fulfills the
    minimum active-duty service requirements of section 5303A(d) of
    title 38" after "alienage".
      Subsec. (b)(2)(C)(iii). Pub. L. 105-33, Sec. 5563(b), inserted
    before period at end "or the unremarried surviving spouse of an
    individual described in clause (i) or (ii) who is deceased if the
    marriage fulfills the requirements of section 1304 of title 38".
      Subsec. (b)(2)(E). Pub. L. 105-33, Sec. 5303(b), added subpar.
    (E).
      Subsec. (b)(2)(F). Pub. L. 105-33, Sec. 5305(b), added subpar.
    (F).
      1996 - Subsec. (a)(2)(D)(ii)(I). Pub. L. 104-208 amended subcl.
    (I) generally. Prior to amendment, subcl. (I) read as follows:
    "With respect to the specified Federal program described in
    paragraph (3)(B), during the period beginning on August 22, 1996,
    and ending on the date which is 1 year after August 22, 1996, the
    State agency shall, at the time of the recertification, recertify
    the eligibility of any individual who is receiving benefits under
    such program as of August 22, 1996, and whose eligibility for such
    benefits may terminate by reason of the provisions of this
    subsection."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by section 4401(a) of Pub. L. 107-171 effective Oct. 1,
    2002, except as otherwise provided, see section 4405 of Pub. L. 107-
    171, set out as an Effective Date note under section 1161 of Title
    2, The Congress.
      Amendment by section 4401(b)(1) of Pub. L. 107-171 effective Oct.
    1, 2003, see section 4401(b)(3) of Pub. L. 107-171, set out as a
    note under section 2014 of Title 7, Agriculture.
      Pub. L. 107-171, title IV, Sec. 4401(c)(2), May 13, 2002, 116
    Stat. 334, provided that: "The amendment made by paragraph (1)
    [amending this section] takes effect on April 1, 2003."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-185, title V, Sec. 510(b), June 23, 1998, 112 Stat.
    580, provided that: "The amendments made by sections 503 through
    509 [amending this section and section 1613 of this title] take
    effect on November 1, 1998."

                     EFFECTIVE DATE OF 1997 AMENDMENTS                 
      Section 5308 of title V of Pub. L. 105-33 provided that: "Except
    as otherwise provided, the amendments made by this subtitle
    [subtitle D (Secs. 5301-5308) of title V of Pub. L. 105-33,
    enacting sections 1625 and 1646 of this title and amending this
    section and sections 1613, 1622, and 1641 of this title] shall be
    effective as if included in the enactment of title IV of the
    Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 [Pub. L. 104-193]."
      Amendment by sections 5562 and 5563 of Pub. L. 105-33 effective
    as if included in the enactment of title IV of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996,
    Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out as a
    note under section 1367 of this title.
      Section 6005(b) of Pub. L. 105-18 provided that: "The amendment
    made by subsection (a) [amending this section] shall be effective
    as if included in the enactment of section 402 of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996
    [this section]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 510 of div. C of Pub. L. 104-208 provided that the
    amendment made by that section is effective as if included in the
    enactment of the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996, Pub. L. 104-193.

-FOOTNOTE-
    (!1) So in original. Probably should be "alien is".

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1613                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
    Sec. 1613. Five-year limited eligibility of qualified aliens for
      Federal means-tested public benefit

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law and except as provided
    in subsections (b), (c), and (d) of this section, an alien who is a
    qualified alien (as defined in section 1641 of this title) and who
    enters the United States on or after August 22, 1996, is not
    eligible for any Federal means-tested public benefit for a period
    of 5 years beginning on the date of the alien's entry into the
    United States with a status within the meaning of the term
    "qualified alien".
    (b) Exceptions
      The limitation under subsection (a) of this section shall not
    apply to the following aliens:
      (1) Exception for refugees and asylees
        (A) An alien who is admitted to the United States as a refugee
      under section 207 of the Immigration and Nationality Act [8
      U.S.C. 1157].
        (B) An alien who is granted asylum under section 208 of such
      Act [8 U.S.C. 1158].
        (C) An alien whose deportation is being withheld under section
      243(h) of such Act [8 U.S.C. 1253] (as in effect immediately
      before the effective date of section 307 of division C of Public
      Law 104-208) or section 241(b)(3) of such Act [8 U.S.C.
      1231(b)(3)] (as amended by section 305(a) of division C of Public
      Law 104-208).
        (D) An alien who is a Cuban and Haitian entrant as defined in
      section 501(e) of the Refugee Education Assistance Act of 1980.
        (E) An alien admitted to the United States as an Amerasian
      immigrant as described in section 1612(a)(2)(A)(i)(V) (!1) of
      this title.

      (2) Veteran and active duty exception
        An alien who is lawfully residing in any State and is - 
          (A) a veteran (as defined in section 101, 1101, or 1301, or
        as described in section 107 of title 38) with a discharge
        characterized as an honorable discharge and not on account of
        alienage and who fulfills the minimum active-duty service
        requirements of section 5303A(d) of title 38,
          (B) on active duty (other than active duty for training) in
        the Armed Forces of the United States, or
          (C) the spouse or unmarried dependent child of an individual
        described in subparagraph (A) or (B) or the unremarried
        surviving spouse of an individual described in clause (i) or
        (ii) (!2) who is deceased if the marriage fulfills the
        requirements of section 1304 of title 38.

    (c) Application of term Federal means-tested public benefit
      (1) The limitation under subsection (a) of this section shall not
    apply to assistance or benefits under paragraph (2).
      (2) Assistance and benefits under this paragraph are as follows:
        (A) Medical assistance described in section 1611(b)(1)(A) of
      this title.
        (B) Short-term, non-cash, in-kind emergency disaster relief.
        (C) Assistance or benefits under the Richard B. Russell
      National School Lunch Act [42 U.S.C. 1751 et seq.].
        (D) Assistance or benefits under the Child Nutrition Act of
      1966 [42 U.S.C. 1771 et seq.].
        (E) Public health assistance (not including any assistance
      under title XIX of the Social Security Act [42 U.S.C. 1396 et
      seq.]) for immunizations with respect to immunizable diseases and
      for testing and treatment of symptoms of communicable diseases
      whether or not such symptoms are caused by a communicable
      disease.
        (F) Payments for foster care and adoption assistance under
      parts B and E of title IV of the Social Security Act [42 U.S.C.
      620 et seq., 670 et seq.] for a parent or a child who would, in
      the absence of subsection (a) of this section, be eligible to
      have such payments made on the child's behalf under such part,
      but only if the foster or adoptive parent (or parents) of such
      child is a qualified alien (as defined in section 1641 of this
      title).
        (G) Programs, services, or assistance (such as soup kitchens,
      crisis counseling and intervention, and short-term shelter)
      specified by the Attorney General, in the Attorney General's sole
      and unreviewable discretion after consultation with appropriate
      Federal agencies and departments, which (i) deliver in-kind
      services at the community level, including through public or
      private nonprofit agencies; (ii) do not condition the provision
      of assistance, the amount of assistance provided, or the cost of
      assistance provided on the individual recipient's income or
      resources; and (iii) are necessary for the protection of life or
      safety.
        (H) Programs of student assistance under titles IV, V, IX, and
      X of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.,
      1101 et seq., 1134 et seq., 1135 et seq., 42 U.S.C. 2751 et
      seq.], and titles III, VII, and VIII of the Public Health Service
      Act [42 U.S.C. 241 et seq., 292 et seq., 296 et seq.].
        (I) Means-tested programs under the Elementary and Secondary
      Education Act of 1965 [20 U.S.C. 6301 et seq.].
        (J) Benefits under the Head Start Act [42 U.S.C. 9831 et seq.].
        (K) Benefits under the (!3) title I of the Workforce Investment
      Act of 1998 [29 U.S.C. 2801 et seq.].

        (L) Assistance or benefits provided to individuals under the
      age of 18 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et
      seq.).
    (d) Benefits for certain groups
      Notwithstanding any other provision of law, the limitations under
    section 1611(a) of this title and subsection (a) of this section
    shall not apply to - 
        (1) an individual described in section 1612(a)(2)(G) of this
      title, but only with respect to the programs specified in
      subsections (a)(3) and (b)(3)(C) of section 1612 of this title;
      or
        (2) an individual, spouse, or dependent described in section
      1612(a)(2)(K) of this title, but only with respect to the
      specified Federal program described in section 1612(a)(3)(B) of
      this title.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 403, Aug. 22, 1996, 110 Stat.
    2265; Pub. L. 105-33, title V, Secs. 5302(c)(1), 5303(c), 5306(c),
    5562, 5563, Aug. 5, 1997, 111 Stat. 599, 600, 602, 638; Pub. L. 105-
    185, title V, Sec. 509, June 23, 1998, 112 Stat. 580; Pub. L. 105-
    277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(3)(A),
    (f)(3)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-419, 2681-429;
    Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct. 22, 1999, 113 Stat.
    1169; Pub. L. 107-171, title IV, Sec. 4401(b)(2)(A), May 13, 2002,
    116 Stat. 333.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 243 of such Act, referred to in subsec. (b)(1)(C), is
    section 243 of act June 27, 1952, which is classified to section
    1253 of this title. Section 1253 of this title was amended
    generally by Pub. L. 104-208, div. C, title III, Sec. 307(a), Sept.
    30, 1996, 110 Stat. 3009-612, and, as so amended, no longer
    contains a subsec. (h). For effective date of section 307 of Pub.
    L. 104-208, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.
      Section 501(e) of the Refugee Education Assistance Act of 1980,
    referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96-
    422, as amended, which is set out in a note under section 1522 of
    this title.
      Section 1612(a)(2)(A)(i)(V) of this title, referred to in subsec.
    (b)(1)(E), was redesignated section 1612(a)(2)(A)(v) of this title
    by Pub. L. 105-185, title V, Sec. 503(2), (3), June 23, 1998, 112
    Stat. 578.
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (c)(2)(C), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 1751 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1751 of Title 42 and Tables.
      The Child Nutrition Act of 1966, referred to in subsec.
    (c)(2)(D), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as
    amended, which is classified generally to chapter 13A (Sec. 1771 et
    seq.) of Title 42. For complete classification of this Act to the
    Code, see Short Title note set out under section 1771 of Title 42
    and Tables.
      The Social Security Act, referred to in subsec. (c)(2)(E), (F),
    is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts B
    and E of title IV and title XIX of the Act are classified generally
    to parts B (Sec. 620 et seq.) and E (Sec. 670 et seq.) of
    subchapter IV and subchapter XIX (Sec. 1396 et seq.), respectively,
    of chapter 7 of Title 42. For complete classification of this Act
    to the Code, see section 1305 of Title 42 and Tables.
      The Higher Education Act of 1965, referred to in subsec.
    (c)(2)(H), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as
    amended. Title IV of the Act is classified generally to subchapter
    IV (Sec. 1070 et seq.) of chapter 28 of Title 20, Education, and
    part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of Title
    42. Titles V, IX, and X of the Act are classified generally to
    subchapters V (Sec. 1101 et seq.), IX (Sec. 1134 et seq.), and X
    (Sec. 1135 et seq.), respectively, of chapter 28 of Title 20. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1001 of Title 20 and Tables.
      The Public Health Service Act, referred to in subsec. (c)(2)(H),
    is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles III,
    VII, and VIII of the Act are classified generally to subchapters II
    (Sec. 241 et seq.), V (Sec. 292 et seq.), and VI (Sec. 296 et
    seq.), respectively, of chapter 6A of Title 42. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 201 of Title 42 and Tables.
      The Elementary and Secondary Education Act of 1965, referred to
    in subsec. (c)(2)(I), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27,
    as amended, which is classified generally to chapter 70 (Sec. 6301
    et seq.) of Title 20, Education. For complete classification of
    this Act to the Code, see Short Title note set out under section
    6301 of Title 20 and Tables.
      The Head Start Act, referred to in subsec. (c)(2)(J), is
    subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI
    of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is
    classified generally to subchapter II (Sec. 9831 et seq.) of
    chapter 105 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 9801 of Title 42 and Tables.
      The Workforce Investment Act of 1998, referred to in subsec.
    (c)(2)(K), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      The Food Stamp Act of 1977, referred to in subsec. (c)(2)(L), is
    Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
    classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 7 and
    Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(2)(L). Pub. L. 107-171 added subpar. (L).
      1999 - Subsec. (c)(2)(C). Pub. L. 106-78 substituted "Richard B.
    Russell National School Lunch Act" for "National School Lunch Act".
      1998 - Subsec. (c)(2)(K). Pub. L. 105-277, Sec. 101(f) [title
    VIII, Sec. 405(f)(3)(A)], struck out "Job Training Partnership Act
    or" before "title I of".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(3)(A)],
    substituted "Job Training Partnership Act or title I of the
    Workforce Investment Act of 1998" for "Job Training Partnership
    Act".
      Subsec. (d). Pub. L. 105-185 substituted "Benefits for certain
    groups" for "SSI and medicaid benefits for certain Indians" in
    heading, designated provisions beginning "an individual" as par.
    (1), substituted "to - " for "to", "(a)(3)" for "(a)(3)(A)", and ";
    or" for period at end, and added par. (2).
      1997 - Subsec. (b)(1)(C). Pub. L. 105-33, Sec. 5562, substituted
    "section 243(h) of such Act (as in effect immediately before the
    effective date of section 307 of division C of Public Law 104-208)
    or section 241(b)(3) of such Act (as amended by section 305(a) of
    division C of Public Law 104-208)" for "section 243(h) of such
    Act".
      Subsec. (b)(1)(D). Pub. L. 105-33, Sec. 5302(c)(1)(A), added
    subpar. (D).
      Subsec. (b)(1)(E). Pub. L. 105-33, Sec. 5306(c), added subpar.
    (E).
      Subsec. (b)(2)(A). Pub. L. 105-33, Sec. 5563(c), inserted ",
    1101, or 1301, or as described in section 107" after "section 101".
      Pub. L. 105-33, Sec. 5563(a), inserted "and who fulfills the
    minimum active-duty service requirements of section 5303A(d) of
    title 38" after "alienage".
      Subsec. (b)(2)(C). Pub. L. 105-33, Sec. 5563(b), inserted before
    period at end "or the unremarried surviving spouse of an individual
    described in clause (i) or (ii) who is deceased if the marriage
    fulfills the requirements of section 1304 of title 38".
      Subsec. (d). Pub. L. 105-33, Sec. 5303(c), added subsec. (d).
      Pub. L. 105-33, Sec. 5302(c)(1)(B), struck out heading and text
    of subsec. (d). Text read as follows: "The limitation under
    subsection (a) of this section shall not apply to refugee and
    entrant assistance activities, authorized by title IV of the
    Immigration and Nationality Act [8 U.S.C. 1521 et seq.] and section
    501 of the Refugee Education Assistance Act of 1980, for Cuban and
    Haitian entrants as defined in section 501(e)(2) of the Refugee
    Education Assistance Act of 1980."

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by section 4401(b)(2)(A) of Pub. L. 107-171 effective
    Oct. 1, 2003, see section 4401(b)(3) of Pub. L. 107-171, set out as
    a note under section 2014 of Title 7, Agriculture.

                     EFFECTIVE DATE OF 1998 AMENDMENTS                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(3)(A)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(3)(A)] of Pub. L. 105-277 effective
    July 1, 2000, see section 101(f) [title VIII, Sec. 405(g)(1),
    (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of
    Title 5, Government Organization and Employees.
      Amendment by Pub. L. 105-185 effective Nov. 1, 1998, see section
    510(b) of Pub. L. 105-185, set out as a note under section 1612 of
    this title.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by sections 5302(c)(1), 5303(c), and 5306(c) of Pub. L.
    105-33 effective, except as otherwise provided, as if included in
    the enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5308 of Pub. L. 105-33, set out as a note under section
    1612 of this title.
      Amendment by sections 5562 and 5563 of Pub. L. 105-33 effective
    as if included in the enactment of title IV of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996,
    Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out as a
    note under section 1367 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "subparagraph (A) or
         (B)".

    (!3) So in original. The word "the" probably should not appear.

-End-

-CITE-
    8 USC Sec. 1614                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
    Sec. 1614. Notification and information reporting

-STATUTE-
      Each Federal agency that administers a program to which section
    1611, 1612, or 1613 of this title applies shall, directly or
    through the States, post information and provide general
    notification to the public and to program recipients of the changes
    regarding eligibility for any such program pursuant to this
    subchapter.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 404(a), Aug. 22, 1996, 110 Stat.
    2267.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle A of title IV of Pub. L. 104-193, Aug.
    22, 1996, 110 Stat. 2261, as amended, which enacted this subchapter
    and sections 611a and 1437y of Title 42, The Public Health and
    Welfare, and amended section 1383 of Title 42. For complete
    classification of this subtitle to the Code, see Tables.

-End-

-CITE-
    8 USC Sec. 1615                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER I - ELIGIBILITY FOR FEDERAL BENEFITS

-HEAD-
    Sec. 1615. Requirements relating to provision of benefits based on
      citizenship, alienage, or immigration status under the Richard B.
      Russell National School Lunch Act, the Child Nutrition Act of
      1966, and certain other acts

-STATUTE-
    (a) School lunch and breakfast programs
      Notwithstanding any other provision of this Act, an individual
    who is eligible to receive free public education benefits under
    State or local law shall not be ineligible to receive benefits
    provided under the school lunch program under the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the
    school breakfast program under section 4 of the Child Nutrition Act
    of 1966 (42 U.S.C. 1773) on the basis of citizenship, alienage, or
    immigration status.
    (b) Other programs
      (1) In general
        Nothing in this Act shall prohibit or require a State to
      provide to an individual who is not a citizen or a qualified
      alien, as defined in section 1641(b) of this title, benefits
      under programs established under the provisions of law described
      in paragraph (2).
      (2) Provisions of law described
        The provisions of law described in this paragraph are the
      following:
          (A) Programs (other than the school lunch program and the
        school breakfast program) under the Richard B. Russell National
        School Lunch Act (42 U.S.C. 1751 et seq.) and the Child
        Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
          (B) Section 4 of the Agriculture and Consumer Protection Act
        of 1973 (7 U.S.C. 612c note).
          (C) The Emergency Food Assistance Act of 1983 [7 U.S.C 7501
        et seq.].
          (D) The food distribution program on Indian reservations
        established under section 2013(b) of title 7.

-SOURCE-
    (Pub. L. 104-193, title VII, Sec. 742, Aug. 22, 1996, 110 Stat.
    2307; Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct. 22, 1999, 113
    Stat. 1169.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsecs. (a) and (b)(1), is Pub. L. 104-
    193, Aug. 22, 1996, 110 Stat. 2105, as amended, known as the
    "Personal Responsibility and Work Opportunity Reconciliation Act of
    1996". For complete classification of this Act to the Code, see
    Short Title of 1996 Amendment note set out under section 1305 of
    Title 42, The Public Health and Welfare, and Tables.
      The Richard B. Russell National School Lunch Act, referred to in
    subsecs. (a) and (b)(2)(A), is act June 4, 1946, ch. 281, 60 Stat.
    230, as amended, which is classified generally to chapter 13 (Sec.
    1751 et seq.) of Title 42. For complete classification of this Act
    to the Code, see Short Title note set out under section 1751 of
    Title 42 and Tables.
      The Child Nutrition Act of 1966, referred to in subsec.
    (b)(2)(A), is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as
    amended, which is classified generally to chapter 13A (Sec. 1771 et
    seq.) of Title 42. For complete classification of this Act to the
    Code, see Short Title note set out under section 1771 of Title 42
    and Tables.
      Section 4 of the Agriculture and Consumer Protection Act of 1973,
    referred to in subsec. (b)(2)(B), is section 4 of Pub. L. 93-86,
    which is set out as a note under section 612c of Title 7,
    Agriculture.
      The Emergency Food Assistance Act of 1983, referred to in subsec.
    (b)(2)(C), is title II of Pub. L. 98-8, Mar. 24, 1983, 97 Stat. 35,
    as amended, which is classified generally to chapter 102 (Sec. 7501
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Short Title note set out under section
    7501 of Title 7, and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of title VII of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996, and
    not as part of title IV of that Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-78 substituted "Richard B. Russell National
    School Lunch Act" for "National School Lunch Act" in section
    catchline and in two places in text.

-End-

-CITE-
    8 USC SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL
           PUBLIC BENEFITS PROGRAMS                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
      SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                                 PROGRAMS

-End-

-CITE-
    8 USC Sec. 1621                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
    Sec. 1621. Aliens who are not qualified aliens or nonimmigrants
      ineligible for State and local public benefits

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law and except as provided
    in subsections (b) and (d) of this section, an alien who is not - 
        (1) a qualified alien (as defined in section 1641 of this
      title),
        (2) a nonimmigrant under the Immigration and Nationality Act [8
      U.S.C. 1101 et seq.], or
        (3) an alien who is paroled into the United States under
      section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for less than
      one year,

    is not eligible for any State or local public benefit (as defined
    in subsection (c) of this section).
    (b) Exceptions
      Subsection (a) of this section shall not apply with respect to
    the following State or local public benefits:
        (1) Assistance for health care items and services that are
      necessary for the treatment of an emergency medical condition (as
      defined in section 1396b(v)(3) of title 42) of the alien involved
      and are not related to an organ transplant procedure.
        (2) Short-term, non-cash, in-kind emergency disaster relief.
        (3) Public health assistance for immunizations with respect to
      immunizable diseases and for testing and treatment of symptoms of
      communicable diseases whether or not such symptoms are caused by
      a communicable disease.
        (4) Programs, services, or assistance (such as soup kitchens,
      crisis counseling and intervention, and short-term shelter)
      specified by the Attorney General, in the Attorney General's sole
      and unreviewable discretion after consultation with appropriate
      Federal agencies and departments, which (A) deliver in-kind
      services at the community level, including through public or
      private nonprofit agencies; (B) do not condition the provision of
      assistance, the amount of assistance provided, or the cost of
      assistance provided on the individual recipient's income or
      resources; and (C) are necessary for the protection of life or
      safety.
    (c) "State or local public benefit" defined
      (1) Except as provided in paragraphs (2) and (3), for purposes of
    this subchapter the term "State or local public benefit" means - 
        (A) any grant, contract, loan, professional license, or
      commercial license provided by an agency of a State or local
      government or by appropriated funds of a State or local
      government; and
        (B) any retirement, welfare, health, disability, public or
      assisted housing, postsecondary education, food assistance,
      unemployment benefit, or any other similar benefit for which
      payments or assistance are provided to an individual, household,
      or family eligibility unit by an agency of a State or local
      government or by appropriated funds of a State or local
      government.

      (2) Such term shall not apply - 
        (A) to any contract, professional license, or commercial
      license for a nonimmigrant whose visa for entry is related to
      such employment in the United States, or to a citizen of a freely
      associated state, if section 141 of the applicable compact of
      free association approved in Public Law 99-239 or 99-658 (or a
      successor provision) is in effect;
        (B) with respect to benefits for an alien who as a work
      authorized nonimmigrant or as an alien lawfully admitted for
      permanent residence under the Immigration and Nationality Act [8
      U.S.C. 1101 et seq.] qualified for such benefits and for whom the
      United States under reciprocal treaty agreements is required to
      pay benefits, as determined by the Secretary of State, after
      consultation with the Attorney General; or
        (C) to the issuance of a professional license to, or the
      renewal of a professional license by, a foreign national not
      physically present in the United States.

      (3) Such term does not include any Federal public benefit under
    section 1611(c) of this title.
    (d) State authority to provide for eligibility of illegal aliens
      for State and local public benefits
      A State may provide that an alien who is not lawfully present in
    the United States is eligible for any State or local public benefit
    for which such alien would otherwise be ineligible under subsection
    (a) of this section only through the enactment of a State law after
    August 22, 1996, which affirmatively provides for such eligibility.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 411, Aug. 22, 1996, 110 Stat.
    2268; Pub. L. 105-33, title V, Secs. 5565, 5581(b)(1), Aug. 5,
    1997, 111 Stat. 639, 642; Pub. L. 105-306, Sec. 5(b), Oct. 28,
    1998, 112 Stat. 2927.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsecs.
    (a)(2) and (c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163,
    as amended, which is classified principally to chapter 12 (Sec.
    1101 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 1101 of
    this title and Tables.
      Section 141 of the applicable compact of free association
    approved in Public Law 99-239 or 99-658, referred to in subsec.
    (c)(2)(A), means section 141 of the Compact of Free Association
    between the Government of the United States and the Governments of
    the Marshall Islands and the Federated States of Micronesia, which
    is contained in section 201 of Pub. L. 99-239, set out as a note
    under section 1901 of Title 48, Territories and Insular
    Possessions, and section 141 of the Compact of Free Association
    between the United States and the Government of Palau, which is
    contained in section 201 of Pub. L. 99-658, set out as a note under
    section 1931 of Title 48.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c)(2)(C). Pub. L. 105-306 added subpar. (C).
      1997 - Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5565, inserted
    before semicolon ", or to a citizen of a freely associated state,
    if section 141 of the applicable compact of free association
    approved in Public Law 99-239 or 99-658 (or a successor provision)
    is in effect".
      Subsec. (c)(3). Pub. L. 105-33, Sec. 5581(b)(1), made technical
    amendment to reference in original act which appears in text as
    reference to section 1611(c) of this title.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

    PILOT PROGRAMS ON LIMITING ISSUANCE OF DRIVER'S LICENSE TO ILLEGAL
                                  ALIENS
      Pub. L. 104-208, div. C, title V, Sec. 502, Sept. 30, 1996, 110
    Stat. 3009-671, provided that:
      "(a) In General. - Pursuant to guidelines prescribed by the
    Attorney General not later than 6 months after the date of the
    enactment of this Act [Sept. 30, 1996], all States may conduct
    pilot programs within their State to determine the viability,
    advisability, and cost-effectiveness of the State's denying
    driver's licenses to aliens who are not lawfully present in the
    United States. Under a pilot program a State may deny a driver's
    license to aliens who are not lawfully present in the United
    States. Such program shall be conducted in cooperation with
    relevant State and local authorities.
      "(b) Report. - Not later than 3 years after the date of the
    enactment of this Act, the Attorney General shall submit a report
    to the Judiciary Committees of the House of Representatives and of
    the Senate on the results of the pilot programs conducted under
    subsection (a)."

-End-

-CITE-
    8 USC Sec. 1622                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
    Sec. 1622. State authority to limit eligibility of qualified aliens
      for State public benefits

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law and except as provided
    in subsection (b) of this section, a State is authorized to
    determine the eligibility for any State public benefits of an alien
    who is a qualified alien (as defined in section 1641 of this
    title), a nonimmigrant under the Immigration and Nationality Act [8
    U.S.C. 1101 et seq.], or an alien who is paroled into the United
    States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)]
    for less than one year.
    (b) Exceptions
      Qualified aliens under this subsection shall be eligible for any
    State public benefits.
      (1) Time-limited exception for refugees and asylees
        (A) An alien who is admitted to the United States as a refugee
      under section 207 of the Immigration and Nationality Act [8
      U.S.C. 1157] until 5 years after the date of an alien's entry
      into the United States.
        (B) An alien who is granted asylum under section 208 of such
      Act [8 U.S.C. 1158] until 5 years after the date of such grant of
      asylum.
        (C) An alien whose deportation is being withheld under section
      243(h) of such Act [8 U.S.C. 1253] (as in effect immediately
      before the effective date of section 307 of division C of Public
      Law 104-208) or section 241(b)(3) of such Act [8 U.S.C.
      1231(b)(3)] (as amended by section 305(a) of division C of Public
      Law 104-208) until 5 years after such withholding.
        (D) An alien who is a Cuban and Haitian entrant as defined in
      section 501(e) of the Refugee Education Assistance Act of 1980
      until 5 years after the alien is granted such status.
        (E) An alien admitted to the United States as an Amerasian
      immigrant as described in section 1612(a)(2)(A)(i)(V) (!1) of
      this title.

      (2) Certain permanent resident aliens
        An alien who - 
          (A) is lawfully admitted to the United States for permanent
        residence under the Immigration and Nationality Act [8 U.S.C.
        1101 et seq.]; and
          (B)(i) has worked 40 qualifying quarters of coverage as
        defined under title II of the Social Security Act [42 U.S.C.
        401 et seq.] or can be credited with such qualifying quarters
        as provided under section 1645 of this title, and (ii) in the
        case of any such qualifying quarter creditable for any period
        beginning after December 31, 1996, did not receive any Federal
        means-tested public benefit (as provided under section 1613 of
        this title) during any such period.
      (3) Veteran and active duty exception
        An alien who is lawfully residing in any State and is - 
          (A) a veteran (as defined in section 101, 1101, or 1301, or
        as described in section 107 of title 38) with a discharge
        characterized as an honorable discharge and not on account of
        alienage and who fulfills the minimum active-duty service
        requirements of section 5303A(d) of title 38,
          (B) on active duty (other than active duty for training) in
        the Armed Forces of the United States, or
          (C) the spouse or unmarried dependent child of an individual
        described in subparagraph (A) or (B) or the unremarried
        surviving spouse of an individual described in clause (i) or
        (ii) (!2) who is deceased if the marriage fulfills the
        requirements of section 1304 of title 38.

      (4) Transition for those currently receiving benefits
        An alien who on August 22, 1996, is lawfully residing in any
      State and is receiving benefits on August 22, 1996, shall
      continue to be eligible to receive such benefits until January 1,
      1997.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 412, Aug. 22, 1996, 110 Stat.
    2269; Pub. L. 105-33, title V, Secs. 5302(c)(2), 5306(d), 5562,
    5563, 5581(b)(3), Aug. 5, 1997, 111 Stat. 599, 602, 638, 643.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsecs. (a)
    and (b)(2)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, as
    amended, which is classified principally to chapter 12 (Sec. 1101
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 1101 of this
    title and Tables.
      Section 243 of such Act, referred to in subsec. (b)(1)(C), is
    section 243 of act June 27, 1952, which is classified to section
    1253 of this title. Section 1253 of this title was amended
    generally by Pub. L. 104-208, div. C, title III, Sec. 307(a), Sept.
    30, 1996, 110 Stat. 3009-612, and, as so amended, no longer
    contains a subsec. (h). For effective date of section 307 of Pub.
    L. 104-208, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.
      Section 501(e) of the Refugee Education Assistance Act of 1980,
    referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96-
    422, as amended, which is set out in a note under section 1522 of
    this title.
      Section 1612(a)(2)(A)(i)(V) of this title, referred to in subsec.
    (b)(1)(E), was redesignated section 1612(a)(2)(A)(v) of this title
    by Pub. L. 105-185, title V, Sec. 503(2), (3), June 23, 1998, 112
    Stat. 578.
      The Social Security Act, referred to in subsec. (b)(2)(B)(i), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of
    the Act is classified generally to subchapter II (Sec. 401 et seq.)
    of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (b)(1)(C). Pub. L. 105-33, Sec. 5581(b)(3),
    substituted "withholding" for "with-holding".
      Pub. L. 105-33, Sec. 5562, substituted "section 243(h) of such
    Act (as in effect immediately before the effective date of section
    307 of division C of Public Law 104-208) or section 241(b)(3) of
    such Act (as amended by section 305(a) of division C of Public Law
    104-208)" for "section 243(h) of such Act".
      Subsec. (b)(1)(D). Pub. L. 105-33, Sec. 5302(c)(2), added subpar.
    (D).
      Subsec. (b)(1)(E). Pub. L. 105-33, Sec. 5306(d), added subpar.
    (E).
      Subsec. (b)(3)(A). Pub. L. 105-33, Sec. 5563(c), inserted ",
    1101, or 1301, or as described in section 107" after "section 101".
      Pub. L. 105-33, Sec. 5563(a), inserted "and who fulfills the
    minimum active-duty service requirements of section 5303A(d) of
    title 38" after "alienage".
      Subsec. (b)(3)(C). Pub. L. 105-33, Sec. 5563(b), inserted before
    period at end "or the unremarried surviving spouse of an individual
    described in clause (i) or (ii) who is deceased if the marriage
    fulfills the requirements of section 1304 of title 38".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by sections 5302(c)(2) and 5306(d) of Pub. L. 105-33
    effective, except as otherwise provided, as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5308 of Pub. L. 105-33, set out as a note under section
    1612 of this title.
      Amendment by sections 5562, 5563, and 5581(b)(3) of Pub. L. 105-
    33 effective as if included in the enactment of title IV of the
    Personal Responsibility and Work Opportunity Reconciliation Act of
    1996, Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set out
    as a note under section 1367 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "subparagraph (A) or
         (B)".

-End-

-CITE-
    8 USC Sec. 1623                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
    Sec. 1623. Limitation on eligibility for preferential treatment of
      aliens not lawfully present on basis of residence for higher
      education benefits

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, an alien who is not
    lawfully present in the United States shall not be eligible on the
    basis of residence within a State (or a political subdivision) for
    any postsecondary education benefit unless a citizen or national of
    the United States is eligible for such a benefit (in no less an
    amount, duration, and scope) without regard to whether the citizen
    or national is such a resident.
    (b) Effective date
      This section shall apply to benefits provided on or after July 1,
    1998.

-SOURCE-
    (Pub. L. 104-208, div. C, title V, Sec. 505, Sept. 30, 1996, 110
    Stat. 3009-672.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and as part of the Omnibus
    Consolidated Appropriations Act, 1997, and not as part of title IV
    of the Personal Responsibility and Work Opportunity Reconciliation
    Act of 1996 which comprises this chapter.

-End-

-CITE-
    8 USC Sec. 1624                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
    Sec. 1624. Authority of States and political subdivisions of States
      to limit assistance to aliens and to distinguish among classes of
      aliens in providing general cash public assistance

-STATUTE-
    (a) In general
      Subject to subsection (b) of this section and notwithstanding any
    other provision of law, a State or political subdivision of a State
    is authorized to prohibit or otherwise limit or restrict the
    eligibility of aliens or classes of aliens for programs of general
    cash public assistance furnished under the law of the State or a
    political subdivision of a State.
    (b) Limitation
      The authority provided for under subsection (a) of this section
    may be exercised only to the extent that any prohibitions,
    limitations, or restrictions imposed by a State or political
    subdivision of a State are not more restrictive than the
    prohibitions, limitations, or restrictions imposed under comparable
    Federal programs. For purposes of this section, attribution to an
    alien of a sponsor's income and resources (as described in section
    1631 of this title) for purposes of determining eligibility for,
    and the amount of, benefits shall be considered less restrictive
    than a prohibition of eligibility for such benefits.

-SOURCE-
    (Pub. L. 104-208, div. C, title V, Sec. 553, Sept. 30, 1996, 110
    Stat. 3009-681.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, and as part of the Omnibus
    Consolidated Appropriations Act, 1997, and not as part of title IV
    of the Personal Responsibility and Work Opportunity Reconciliation
    Act of 1996 which comprises this chapter.

-End-

-CITE-
    8 USC Sec. 1625                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER II - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS
                     PROGRAMS                  

-HEAD-
    Sec. 1625. Authorization for verification of eligibility for State
      and local public benefits

-STATUTE-
      A State or political subdivision of a State is authorized to
    require an applicant for State and local public benefits (as
    defined in section 1621(c) of this title) to provide proof of
    eligibility.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 413, as added Pub. L. 105-33,
    title V, Sec. 5307(a), Aug. 5, 1997, 111 Stat. 602.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective, except as otherwise provided, as if included
    in the enactment of title IV of the Personal Responsibility and
    Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5308 of Pub. L. 105-33, set out as an Effective Date of
    1997 Amendment note under section 1612 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER III - ATTRIBUTION OF INCOME AND
           AFFIDAVITS OF SUPPORT                           01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

-HEAD-
     SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT 

-End-

-CITE-
    8 USC Sec. 1631                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

-HEAD-
    Sec. 1631. Federal attribution of sponsor's income and resources to
      alien

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law, in determining the
    eligibility and the amount of benefits of an alien for any Federal
    means-tested public benefits program (as provided under section
    1613 of this title), the income and resources of the alien shall be
    deemed to include the following:
        (1) The income and resources of any person who executed an
      affidavit of support pursuant to section 213A of the Immigration
      and Nationality Act [8 U.S.C. 1183a] (as added by section 423 and
      as amended by section 551(a) of the Illegal Immigration Reform
      and Immigrant Responsibility Act of 1996) on behalf of such
      alien.
        (2) The income and resources of the spouse (if any) of the
      person.
    (b) Duration of attribution period
      Subsection (a) of this section shall apply with respect to an
    alien until such time as the alien - 
        (1) achieves United States citizenship through naturalization
      pursuant to chapter 2 of title III of the Immigration and
      Nationality Act [8 U.S.C. 1421 et seq.]; or
        (2)(A) has worked 40 qualifying quarters of coverage as defined
      under title II of the Social Security Act [42 U.S.C. 401 et seq.]
      or can be credited with such qualifying quarters as provided
      under section 1645 of this title, and (B) in the case of any such
      qualifying quarter creditable for any period beginning after
      December 31, 1996, did not receive any Federal means-tested
      public benefit (as provided under section 1613 of this title)
      during any such period.
    (c) Review of income and resources of alien upon reapplication
      Whenever an alien is required to reapply for benefits under any
    Federal means-tested public benefits program, the applicable agency
    shall review the income and resources attributed to the alien under
    subsection (a) of this section.
    (d) Application
      (1) If on August 22, 1996, a Federal means-tested public benefits
    program attributes a sponsor's income and resources to an alien in
    determining the alien's eligibility and the amount of benefits for
    an alien, this section shall apply to any such determination
    beginning on the day after August 22, 1996.
      (2) If on August 22, 1996, a Federal means-tested public benefits
    program does not attribute a sponsor's income and resources to an
    alien in determining the alien's eligibility and the amount of
    benefits for an alien, this section shall apply to any such
    determination beginning 180 days after August 22, 1996.
      (3) This section shall not apply to assistance or benefits under
    the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to the extent
    that a qualified alien is eligible under section 1612(a)(2)(J) of
    this title.
    (e) Indigence exception
      (1) In general
        For an alien for whom an affidavit of support under section
      213A of the Immigration and Nationality Act [8 U.S.C. 1183a] has
      been executed, if a determination described in paragraph (2) is
      made, the amount of income and resources of the sponsor or the
      sponsor's spouse which shall be attributed to the sponsored alien
      shall not exceed the amount actually provided for a period
      beginning on the date of such determination and ending 12 months
      after such date.
      (2) Determination described
        A determination described in this paragraph is a determination
      by an agency that a sponsored alien would, in the absence of the
      assistance provided by the agency, be unable to obtain food and
      shelter, taking into account the alien's own income, plus any
      cash, food, housing, or other assistance provided by other
      individuals, including the sponsor. The agency shall notify the
      Attorney General of each such determination, including the names
      of the sponsor and the sponsored alien involved.
    (f) Special rule for battered spouse and child
      (1) In general
        Subject to paragraph (2) and notwithstanding any other
      provision of this section, subsection (a) of this section shall
      not apply to benefits - 
          (A) during a 12 month period if the alien demonstrates that
        (i) the alien has been battered or subjected to extreme cruelty
        in the United States by a spouse or a parent, or by a member of
        the spouse or parent's family residing in the same household as
        the alien and the spouse or parent consented to or acquiesced
        to such battery or cruelty, (ii) the alien's child has been
        battered or subjected to extreme cruelty in the United States
        by the spouse or parent of the alien (without the active
        participation of the alien in the battery or cruelty), or by a
        member of the spouse's or parent's family residing in the same
        household as the alien when the spouse or parent consented or
        acquiesced to and the alien did not actively participate in
        such battery or cruelty, or (iii) the alien is a child whose
        parent (who resides in the same household as the alien child)
        has been battered or subjected to extreme cruelty in the United
        States by that parent's spouse, or by a member of the spouse's
        family residing in the same household as the parent and the
        spouse consented to, or acquiesced in, such battery or cruelty,
        and the battery or cruelty described in clause (i), (ii), or
        (iii) (in the opinion of the agency providing such public
        benefits, which opinion is not subject to review by any court)
        has a substantial connection to the need for the public
        benefits applied for; and
          (B) after a 12 month period (regarding the batterer's income
        and resources only) if the alien demonstrates that such battery
        or cruelty under subparagraph (A) has been recognized in an
        order of a judge or administrative law judge or a prior
        determination of the Immigration and Naturalization Service,
        and that such battery or cruelty (in the opinion of the agency
        providing such public benefits, which opinion is not subject to
        review by any court) has a substantial connection to the need
        for the benefits.
      (2) Limitation
        The exception under paragraph (1) shall not apply to benefits
      for an alien during any period in which the individual
      responsible for such battery or cruelty resides in the same
      household or family eligibility unit as the individual who was
      subjected to such battery or cruelty.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 421, Aug. 22, 1996, 110 Stat.
    2270; Pub. L. 104-208, div. C, title V, Secs. 551(b)(1), 552, Sept.
    30, 1996, 110 Stat. 3009-679, 3009-680; Pub. L. 105-33, title V,
    Sec. 5571(d), Aug. 5, 1997, 111 Stat. 641; Pub. L. 107-171, title
    IV, Sec. 4401(b)(2)(B), May 13, 2002, 116 Stat. 333.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 213A of the Immigration and Nationality Act (as added by
    section 423 and as amended by section 551(a) of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996),
    referred to in subsec. (a)(1), is section 1183a of this title as
    added by section 423 of Pub. L. 104-193 and amended by section
    551(a) of div. C of Pub. L. 104-208.
      The Immigration and Nationality Act, referred to in subsec.
    (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended.
    Chapter 2 of title III of the Act is classified generally to part
    II (Sec. 1421 et seq.) of subchapter III of chapter 12 of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1101 of this title and
    Tables.
      The Social Security Act, referred to in subsec. (b)(2)(A), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the
    Act is classified generally to subchapter II (Sec. 401 et seq.) of
    chapter 7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.
      The Food Stamp Act of 1977, referred to in subsec. (d)(3), is
    Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
    classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
    Agriculture. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of Title 7 and
    Tables.

-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (d)(3). Pub. L. 107-171 added par. (3).
      1997 - Subsec. (f)(1)(A). Pub. L. 105-33 struck out "or" before
    "(ii) the alien's child" and substituted "or (iii) the alien is a
    child whose parent (who resides in the same household as the alien
    child) has been battered or subjected to extreme cruelty in the
    United States by that parent's spouse, or by a member of the
    spouse's family residing in the same household as the parent and
    the spouse consented to, or acquiesced in, such battery or cruelty,
    and the battery or cruelty described in clause (i), (ii), or (iii)"
    for "and the battery or cruelty described in clause (i) or (ii)".
      1996 - Subsec. (a)(1). Pub. L. 104-208, Sec. 551(b)(1), inserted
    "and as amended by section 551(a) of the Illegal Immigration Reform
    and Immigrant Responsibility Act of 1996" after "section 423".
      Subsecs. (e), (f). Pub. L. 104-208, Sec. 552, added subsecs. (e)
    and (f).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-171 effective Oct. 1, 2003, see section
    4401(b)(3) of Pub. L. 107-171, set out as a note under section 2014
    of Title 7, Agriculture.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 551(b)(1) of Pub. L. 104-208 applicable to
    affidavits of support executed on or after a date specified by the
    Attorney General, which date shall be not earlier than 60 days, and
    not later than 90 days after the date the Attorney General
    formulates the form for such affidavits, see section 551(c) of Pub.
    L. 104-208, set out as an Effective Date of 1996 Amendment;
    Promulgation of Form note under section 1183a of this title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1632                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER III - ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT

-HEAD-
    Sec. 1632. Authority for States to provide for attribution of
      sponsors income and resources to the alien with respect to State
      programs

-STATUTE-
    (a) Optional application to State programs
      Except as provided in subsection (b) of this section, in
    determining the eligibility and the amount of benefits of an alien
    for any State public benefits, the State or political subdivision
    that offers the benefits is authorized to provide that the income
    and resources of the alien shall be deemed to include - 
        (1) the income and resources of any individual who executed an
      affidavit of support pursuant to section 1183a of this title (as
      added by section 423 and as amended by section 551(a) of the
      Illegal Immigration Reform and Immigrant Responsibility Act of
      1996) on behalf of such alien, and
        (2) the income and resources of the spouse (if any) of the
      individual.
    (b) Exceptions
      Subsection (a) of this section shall not apply with respect to
    the following State public benefits:
        (1) Assistance described in section 1621(b)(1) of this title.
        (2) Short-term, non-cash, in-kind emergency disaster relief.
        (3) Programs comparable to assistance or benefits under the
      Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et
      seq.].
        (4) Programs comparable to assistance or benefits under the
      Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
        (5) Public health assistance for immunizations with respect to
      immunizable diseases and for testing and treatment of symptoms of
      communicable diseases whether or not such symptoms are caused by
      a communicable disease.
        (6) Payments for foster care and adoption assistance.
        (7) Programs, services, or assistance (such as soup kitchens,
      crisis counseling and intervention, and short-term shelter)
      specified by the Attorney General of a State, after consultation
      with appropriate agencies and departments, which (A) deliver in-
      kind services at the community level, including through public
      or private nonprofit agencies; (B) do not condition the provision
      of assistance, the amount of assistance provided, or the cost of
      assistance provided on the individual recipient's income or
      resources; and (C) are necessary for the protection of life or
      safety.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 422, Aug. 22, 1996, 110 Stat.
    2271; Pub. L. 104-208, div. C, title V, Sec. 551(b)(1), Sept. 30,
    1996, 110 Stat. 3009-679; Pub. L. 105-33, title V, Sec. 5581(b)(2),
    Aug. 5, 1997, 111 Stat. 643; Pub. L. 106-78, title VII, Sec.
    752(b)(6), Oct. 22, 1999, 113 Stat. 1169.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1183a of this title (as added by section 423 and as
    amended by section 551(a) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996), referred to in subsec.
    (a)(1), is section 1183a of this title as added by section 423 of
    Pub. L. 104-193 and amended by section 551(a) of div. C of Pub. L.
    104-208.
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 1751 et
    seq.) of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1751 of Title 42 and Tables.
      The Child Nutrition Act of 1966, referred to in subsec. (b)(4),
    is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which
    is classified generally to chapter 13A (Sec. 1771 et seq.) of Title
    42. For complete classification of this Act to the Code, see Short
    Title note set out under section 1771 of Title 42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(3). Pub. L. 106-78 substituted "Richard B.
    Russell National School Lunch Act" for "National School Lunch Act".
      1997 - Subsec. (a). Pub. L. 105-33 struck out "(as defined in
    section 1622(c) of this title)" after "public benefits" in
    introductory provisions.
      1996 - Subsec. (a)(1). Pub. L. 104-208 inserted "and as amended
    by section 551(a) of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996" after "section 423".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 applicable to affidavits of support
    executed on or after a date specified by the Attorney General,
    which date shall be not earlier than 60 days, and not later than 90
    days after the date the Attorney General formulates the form for
    such affidavits, see section 551(c) of Pub. L. 104-208, set out as
    an Effective Date of 1996 Amendment; Promulgation of Form note
    under section 1183a of this title.

-End-

-CITE-
    8 USC SUBCHAPTER IV - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER IV - GENERAL PROVISIONS                

-End-

-CITE-
    8 USC Sec. 1641                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1641. Definitions

-STATUTE-
    (a) In general
      Except as otherwise provided in this chapter, the terms used in
    this chapter have the same meaning given such terms in section
    101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)].
    (b) Qualified alien
      For purposes of this chapter, the term "qualified alien" means an
    alien who, at the time the alien applies for, receives, or attempts
    to receive a Federal public benefit, is - 
        (1) an alien who is lawfully admitted for permanent residence
      under the Immigration and Nationality Act [8 U.S.C. 1101 et
      seq.],
        (2) an alien who is granted asylum under section 208 of such
      Act [8 U.S.C. 1158],
        (3) a refugee who is admitted to the United States under
      section 207 of such Act [8 U.S.C. 1157],
        (4) an alien who is paroled into the United States under
      section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for a period
      of at least 1 year,
        (5) an alien whose deportation is being withheld under section
      243(h) of such Act [8 U.S.C. 1253] (as in effect immediately
      before the effective date of section 307 of division C of Public
      Law 104-208) or section 241(b)(3) of such Act [8 U.S.C.
      1231(b)(3)] (as amended by section 305(a) of division C of Public
      Law 104-208),
        (6) an alien who is granted conditional entry pursuant to
      section 203(a)(7) of such Act [8 U.S.C. 1153(a)(7)] as in effect
      prior to April 1, 1980; (!1) or

        (7) an alien who is a Cuban and Haitian entrant (as defined in
      section 501(e) of the Refugee Education Assistance Act of 1980).
    (c) Treatment of certain battered aliens as qualified aliens
      For purposes of this chapter, the term "qualified alien" includes
    - 
        (1) an alien who - 
          (A) has been battered or subjected to extreme cruelty in the
        United States by a spouse or a parent, or by a member of the
        spouse or parent's family residing in the same household as the
        alien and the spouse or parent consented to, or acquiesced in,
        such battery or cruelty, but only if (in the opinion of the
        agency providing such benefits) there is a substantial
        connection between such battery or cruelty and the need for the
        benefits to be provided; and
          (B) has been approved or has a petition pending which sets
        forth a prima facie case for - 
            (i) status as a spouse or a child of a United States
          citizen pursuant to clause (ii), (iii), or (iv) of section
          204(a)(1)(A) of the Immigration and Nationality Act [8 U.S.C.
          1154(a)(1)(A)(ii), (iii), (iv)],
            (ii) classification pursuant to clause (ii) or (iii) of
          section 204(a)(1)(B) of the Act [8 U.S.C. 1154(a)(1)(B)(ii),
          (iii)],
            (iii) suspension of deportation under section 244(a)(3) of
          the Immigration and Nationality Act [8 U.S.C. 1254(a)(3)] (as
          in effect before the title III-A effective date in section
          309 of the Illegal Immigration Reform and Immigrant
          Responsibility Act of 1996).(!2)

            (iv) status as a spouse or child of a United States citizen
          pursuant to clause (i) of section 204(a)(1)(A) of such Act [8
          U.S.C. 1154(a)(1)(A)(i)], or classification pursuant to
          clause (i) of section 204(a)(1)(B) of such Act [8 U.S.C.
          1154(a)(1)(B)(i)]; (!3)

            (v) cancellation of removal pursuant to section 240A(b)(2)
          of such Act [8 U.S.C. 1229b(b)(2)];

        (2) an alien - 
          (A) whose child has been battered or subjected to extreme
        cruelty in the United States by a spouse or a parent of the
        alien (without the active participation of the alien in the
        battery or cruelty), or by a member of the spouse or parent's
        family residing in the same household as the alien and the
        spouse or parent consented or acquiesced to such battery or
        cruelty, and the alien did not actively participate in such
        battery or cruelty, but only if (in the opinion of the agency
        providing such benefits) there is a substantial connection
        between such battery or cruelty and the need for the benefits
        to be provided; and
          (B) who meets the requirement of subparagraph (B) of
        paragraph (1); or

        (3) an alien child who - 
          (A) resides in the same household as a parent who has been
        battered or subjected to extreme cruelty in the United States
        by that parent's spouse or by a member of the spouse's family
        residing in the same household as the parent and the spouse
        consented or acquiesced to such battery or cruelty, but only if
        (in the opinion of the agency providing such benefits) there is
        a substantial connection between such battery or cruelty and
        the need for the benefits to be provided; and
          (B) who meets the requirement of subparagraph (B) of
        paragraph (1).

    This subsection shall not apply to an alien during any period in
    which the individual responsible for such battery or cruelty
    resides in the same household or family eligibility unit as the
    individual subjected to such battery or cruelty.
      After consultation with the Secretaries of Health and Human
    Services, Agriculture, and Housing and Urban Development, the
    Commissioner of Social Security, and with the heads of such Federal
    agencies administering benefits as the Attorney General considers
    appropriate, the Attorney General shall issue guidance (in the
    Attorney General's sole and unreviewable discretion) for purposes
    of this subsection and section 1631(f) of this title, concerning
    the meaning of the terms "battery" and "extreme cruelty", and the
    standards and methods to be used for determining whether a
    substantial connection exists between battery or cruelty suffered
    and an individual's need for benefits under a specific Federal,
    State, or local program.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 431, Aug. 22, 1996, 110 Stat.
    2274; Pub. L. 104-208, div. C, title III, Sec. 308(g)(8)(E), title
    V, Sec. 501, Sept. 30, 1996, 110 Stat. 3009-624, 3009-670; Pub. L.
    105-33, title V, Secs. 5302(c)(3), 5562, 5571(a)-(c), 5581(b)(6),
    (7), Aug. 5, 1997, 111 Stat. 599, 638, 640, 643; Pub. L. 106-386,
    div. B, title V, Sec. 1508, Oct. 28, 2000, 114 Stat. 1530.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    title" meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110
    Stat. 2260, which enacted this chapter, section 1183a of this
    title, and sections 611a and 1437y of Title 42, The Public Health
    and Welfare, amended section 1383 of this title, sections 32 and
    6213 of Title 26, Internal Revenue Code, and sections 1436a and
    1471 of Title 42, and enacted provisions set out as notes under
    section 1183a of this title and section 32 of Title 26. For
    complete classification of title IV to the Code, see Tables.
      The Immigration and Nationality Act, referred to in subsec.
    (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.
      Section 243 of such Act, referred to in subsec. (b)(5), is
    section 243 of act June 27, 1952, which is classified to section
    1253 of this title. Section 1253 of this title was amended
    generally by Pub. L. 104-208, div. C, title III, Sec. 307(a), Sept.
    30, 1996, 110 Stat. 3009-612, and, as so amended, no longer
    contains a subsec. (h). For effective date of section 307 of Pub.
    L. 104-208, see section 309 of Pub. L. 104-208, set out as an
    Effective Date of 1996 Amendments note under section 1101 of this
    title.
      Section 203(a)(7) of such Act as in effect prior to April 1,
    1980, referred to in subsec. (b)(6), means section 203(a)(7) of act
    June 27, 1952, which was classified to section 1153(a)(7) of this
    title. Section 1153(a)(7) of this title was repealed and section
    1153(a)(8) was redesignated section 1153(a)(7) by Pub. L. 96-212,
    title II, Sec. 203(c)(3), (6), Mar. 17, 1980, 94 Stat. 107,
    effective Apr. 1, 1980.
      Section 501(e) of the Refugee Education Assistance Act of 1980,
    referred to in subsec. (b)(7), is section 501(e) of Pub. L. 96-422,
    as amended, which is set out in a note under section 1522 of this
    title.
      Section 309 of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996, referred to in subsec. (c)(1)(B)(iii),
    is section 309 of title III of div. C of Pub. L. 104-208, as
    amended, which is set out as a note under section 1101 of this
    title.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (c)(1)(B)(iii). Pub. L. 106-386 amended cl. (iii)
    generally. Prior to amendment, cl. (iii) read as follows:
    "cancellation of removal under section 240A of such Act (as in
    effect prior to April 1, 1997),".
      1997 - Subsec. (b)(5). Pub. L. 105-33, Sec. 5562, substituted
    "section 243(h) of such Act (as in effect immediately before the
    effective date of section 307 of division C of Public Law 104-208)
    or section 241(b)(3) of such Act (as amended by section 305(a) of
    division C of Public Law 104-208)" for "section 243(h) of such
    Act".
      Subsec. (b)(7). Pub. L. 105-33, Sec. 5302(c)(3), added par. (7).
      Subsec. (c). Pub. L. 105-33, Sec. 5571(b), inserted at end "After
    consultation with the Secretaries of Health and Human Services,
    Agriculture, and Housing and Urban Development, the Commissioner of
    Social Security, and with the heads of such Federal agencies
    administering benefits as the Attorney General considers
    appropriate, the Attorney General shall issue guidance (in the
    Attorney General's sole and unreviewable discretion) for purposes
    of this subsection and section 1631(f) of this title, concerning
    the meaning of the terms 'battery' and 'extreme cruelty', and the
    standards and methods to be used for determining whether a
    substantial connection exists between battery or cruelty suffered
    and an individual's need for benefits under a specific Federal,
    State, or local program."
      Subsec. (c)(1)(A). Pub. L. 105-33, Sec. 5571(a), substituted
    "agency providing such benefits)" for "Attorney General, which
    opinion is not subject to review by any court)".
      Subsec. (c)(1)(B)(iii). Pub. L. 105-33, Sec. 5581(b)(7)(A),
    substituted "(as in effect prior to April 1, 1997)," for ", or".
      Subsec. (c)(1)(B)(v). Pub. L. 105-33, Sec. 5581(b)(7)(B), added
    cl. (v).
      Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5571(a), substituted
    "agency providing such benefits)" for "Attorney General, which
    opinion is not subject to review by any court)".
      Subsec. (c)(2)(B). Pub. L. 105-33, Sec. 5581(b)(6), substituted
    "subparagraph (B) of paragraph (1)" for "clause (ii) of
    subparagraph (A)".
      Subsec. (c)(3). Pub. L. 105-33, Sec. 5571(c), added par. (3).
      1996 - Subsec. (c). Pub. L. 104-208, Sec. 501, added subsec. (c).
      Subsec. (c)(1)(B)(iii). Pub. L. 104-208, Sec. 308(g)(8)(E),
    substituted "cancellation of removal under section 240A of such
    Act" for "suspension of deportation and adjustment of status
    pursuant to section 244(a)(3) of such Act".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by section 5302(c)(3) of Pub. L. 105-33 effective,
    except as otherwise provided, as if included in the enactment of
    title IV of the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996, Pub. L. 104-193, see section 5308 of
    Pub. L. 105-33, set out as a note under section 1612 of this title.
      Amendment by sections 5562, 5571(a)-(c), 5581(b)(6), (7) of Pub.
    L. 105-33 effective as if included in the enactment of title IV of
    the Personal Responsibility and Work Opportunity Reconciliation Act
    of 1996, Pub. L. 104-193, see section 5582 of Pub. L. 105-33, set
    out as a note under section 1367 of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 308(g)(8)(E) of Pub. L. 104-208 effective,
    with certain transitional provisions, on the first day of the first
    month beginning more than 180 days after Sept. 30, 1996, see
    section 309 of Pub. L. 104-208, set out as a note under section
    1101 of this title.
      Amendment by section 501 of Pub. L. 104-208 effective Sept. 30,
    1996, see section 591 of Pub. L. 104-208, set out as a note under
    section 1101 of this title.

-FOOTNOTE-
    (!1) So in original. The semicolon probably should be a comma.

               

    (!2) So in original. The period probably should be a comma.

               

    (!3) So in original. The semicolon probably should be ", or".

-End-

-CITE-
    8 USC Sec. 1642                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1642. Verification of eligibility for Federal public benefits

-STATUTE-
    (a) In general
      (1) Not later than 18 months after August 22, 1996, the Attorney
    General of the United States, after consultation with the Secretary
    of Health and Human Services, shall promulgate regulations
    requiring verification that a person applying for a Federal public
    benefit (as defined in section 1611(c) of this title), to which the
    limitation under section 1611 of this title applies, is a qualified
    alien and is eligible to receive such benefit. Such regulations
    shall, to the extent feasible, require that information requested
    and exchanged be similar in form and manner to information
    requested and exchanged under section 1320b-7 of title 42. Not
    later than 90 days after August 5, 1997, the Attorney General of
    the United States, after consultation with the Secretary of Health
    and Human Services, shall issue interim verification guidance.
      (2) Not later than 18 months after August 22, 1996, the Attorney
    General, in consultation with the Secretary of Health and Human
    Services, shall also establish procedures for a person applying for
    a Federal public benefit (as defined in section 1611(c) of this
    title) to provide proof of citizenship in a fair and
    nondiscriminatory manner.
      (3) Not later than 90 days after August 5, 1997, the Attorney
    General shall promulgate regulations which set forth the procedures
    by which a State or local government can verify whether an alien
    applying for a State or local public benefit is a qualified alien,
    a nonimmigrant under the Immigration and Nationality Act [8 U.S.C.
    1101 et seq.], or an alien paroled into the United States under
    section 212(d)(5) of the Immigration and Nationality Act [8 U.S.C.
    1182(d)(5)] for less than 1 year, for purposes of determining
    whether the alien is ineligible for benefits under section 1621 of
    this title.
    (b) State compliance
      Not later than 24 months after the date the regulations described
    in subsection (a) of this section are adopted, a State that
    administers a program that provides a Federal public benefit shall
    have in effect a verification system that complies with the
    regulations.
    (c) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out the purpose of this section.
    (d) No verification requirement for nonprofit charitable
      organizations
      Subject to subsection (a) of this section, a nonprofit charitable
    organization, in providing any Federal public benefit (as defined
    in section 1611(c) of this title) or any State or local public
    benefit (as defined in section 1621(c) of this title), is not
    required under this chapter to determine, verify, or otherwise
    require proof of eligibility of any applicant for such benefits.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 432, Aug. 22, 1996, 110 Stat.
    2274; Pub. L. 104-208, div. C, title V, Secs. 504, 508, Sept. 30,
    1996, 110 Stat. 3009-672, 3009-673; Pub. L. 105-33, title V, Sec.
    5572(a), Aug. 5, 1997, 111 Stat. 641.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (a)(3), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 5572(a)(1), inserted
    at end "Not later than 90 days after August 5, 1997, the Attorney
    General of the United States, after consultation with the Secretary
    of Health and Human Services, shall issue interim verification
    guidance."
      Subsec. (a)(3). Pub. L. 105-33, Sec. 5572(a)(2), added par. (3).
      1996 - Subsec. (a). Pub. L. 104-208, Sec. 504, designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d). Pub. L. 104-208, Sec. 508, added subsec. (d).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

-End-

-CITE-
    8 USC Sec. 1643                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1643. Statutory construction

-STATUTE-
    (a) Limitation
      (1) Nothing in this chapter may be construed as an entitlement or
    a determination of an individual's eligibility or fulfillment of
    the requisite requirements for any Federal, State, or local
    governmental program, assistance, or benefits. For purposes of this
    chapter, eligibility relates only to the general issue of
    eligibility or ineligibility on the basis of alienage.
      (2) Nothing in this chapter may be construed as addressing alien
    eligibility for a basic public education as determined by the
    Supreme Court of the United States under Plyler v. Doe (457 U.S.
    202)(1982).
    (b) Benefit eligibility limitations applicable only with respect to
      aliens present in United States
      Notwithstanding any other provision of this chapter, the
    limitations on eligibility for benefits under this chapter shall
    not apply to eligibility for benefits of aliens who are not
    residing, or present, in the United States with respect to - 
        (1) wages, pensions, annuities, and other earned payments to
      which an alien is entitled resulting from employment by, or on
      behalf of, a Federal, State, or local government agency which was
      not prohibited during the period of such employment or service
      under section 274A [8 U.S.C. 1324a] or other applicable provision
      of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.];
      or
        (2) benefits under laws administered by the Secretary of
      Veterans Affairs.
    (c) Not applicable to foreign assistance
      This chapter does not apply to any Federal, State, or local
    governmental program, assistance, or benefits provided to an alien
    under any program of foreign assistance as determined by the
    Secretary of State in consultation with the Attorney General.
    (d) Severability
      If any provision of this chapter or the application of such
    provision to any person or circumstance is held to be
    unconstitutional, the remainder of this chapter and the application
    of the provisions of such to any person or circumstance shall not
    be affected thereby.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 433, Aug. 22, 1996, 110 Stat.
    2275; Pub. L. 105-33, title V, Sec. 5574, Aug. 5, 1997, 111 Stat.
    642.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      1997 - Subsecs. (b) to (d). Pub. L. 105-33 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

-End-

-CITE-
    8 USC Sec. 1644                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1644. Communication between State and local government
      agencies and Immigration and Naturalization Service

-STATUTE-
      Notwithstanding any other provision of Federal, State, or local
    law, no State or local government entity may be prohibited, or in
    any way restricted, from sending to or receiving from the
    Immigration and Naturalization Service information regarding the
    immigration status, lawful or unlawful, of an alien in the United
    States.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 434, Aug. 22, 1996, 110 Stat.
    2275.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1645                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1645. Qualifying quarters

-STATUTE-
      For purposes of this chapter, in determining the number of
    qualifying quarters of coverage under title II of the Social
    Security Act [42 U.S.C. 401 et seq.] an alien shall be credited
    with - 
        (1) all of the qualifying quarters of coverage as defined under
      title II of the Social Security Act worked by a parent of such
      alien before the date on which the alien attains age 18, and
        (2) all of the qualifying quarters worked by a spouse of such
      alien during their marriage and the alien remains married to such
      spouse or such spouse is deceased.

    No such qualifying quarter of coverage that is creditable under
    title II of the Social Security Act for any period beginning after
    December 31, 1996, may be credited to an alien under paragraph (1)
    or (2) if the parent or spouse (as the case may be) of such alien
    received any Federal means-tested public benefit (as provided under
    section 1613 of this title) during the period for which such
    qualifying quarter of coverage is so credited. Notwithstanding
    section 6103 of title 26, the Commissioner of Social Security is
    authorized to disclose quarters of coverage information concerning
    an alien and an alien's spouse or parents to a government agency
    for the purposes of this chapter.

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 435, Aug. 22, 1996, 110 Stat.
    2275; Pub. L. 105-33, title V, Sec. 5573, Aug. 5, 1997, 111 Stat.
    641.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in text, is act Aug. 14,
    1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
    classified generally to subchapter II (Sec. 401 et seq.) of chapter
    7 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see section 1305 of Title
    42 and Tables.

-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-33, Sec. 5573(a), inserted at end
    "Notwithstanding section 6103 of title 26, the Commissioner of
    Social Security is authorized to disclose quarters of coverage
    information concerning an alien and an alien's spouse or parents to
    a government agency for the purposes of this chapter."
      Par. (1). Pub. L. 105-33, Sec. 5573(b), substituted "before the
    date on which the alien attains age 18," for "while the alien was
    under age 18,".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5582 of Pub. L. 105-33, set out as a note under section
    1367 of this title.

-End-

-CITE-
    8 USC Sec. 1646                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
    SUBCHAPTER IV - GENERAL PROVISIONS

-HEAD-
    Sec. 1646. Derivative eligibility for benefits

-STATUTE-
      Notwithstanding any other provision of law, an alien who under
    the provisions of this chapter is ineligible for benefits under the
    food stamp program (as defined in section 1612(a)(3)(B) of this
    title) shall not be eligible for such benefits because the alien
    receives benefits under the supplemental security income program
    (as defined in section 1612(a)(3)(A) of this title).

-SOURCE-
    (Pub. L. 104-193, title IV, Sec. 436, as added Pub. L. 105-33,
    title V, Sec. 5305(a), Aug. 5, 1997, 111 Stat. 601.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective, except as otherwise provided, as if included
    in the enactment of title IV of the Personal Responsibility and
    Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5308 of Pub. L. 105-33, set out as an Effective Date of
    1997 Amendment note under section 1612 of this title.

-End-

-CITE-
    8 USC CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY
           REFORM                                          01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

-HEAD-
        CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM    

-MISC1-
    Sec.                                                     
    1701.       Definitions.                                          

                          SUBCHAPTER I - FUNDING                      
    1711.       Authorization of appropriations for hiring and
                 training Government personnel.                       
    1712.       Authorization of appropriations for improvements in
                 technology and infrastructure.                       
    1713.       Machine-readable visa fees.                           
    1714.       Surcharges related to consular services.              

              SUBCHAPTER II - INTERAGENCY INFORMATION SHARING          
    1721.       Interim measures for access to and coordination of law
                 enforcement and other information.                   
    1722.       Interoperable law enforcement and intelligence data
                 system with name-matching capacity and training.     
    1723.       Commission on Interoperable Data Sharing.             
    1724.       Personnel management authorities for positions
                 involved in the development and implementation of the
                 interoperable electronic data system ("Chimera
                 system").                                            

                      SUBCHAPTER III - VISA ISSUANCE                  
    1731.       Implementation of an integrated entry and exit data
                 system.                                              
    1732.       Machine-readable, tamper-resistant entry and exit
                 documents.                                           
    1733.       Terrorist lookout committees.                         
    1734.       Improved training for consular officers.              
    1735.       Restriction on issuance of visas to nonimmigrants from
                 countries that are state sponsors of international
                 terrorism.                                           
    1736.       Check of lookout databases.                           
    1737.       Tracking system for stolen passports.                 
    1738.       Identification documents for certain newly admitted
                 aliens.                                              

            SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS        
    1751.       Study of the feasibility of a North American National
                 Security Program.                                    
    1752.       Staffing levels at ports of entry.                    
    1753.       Joint United States-Canada projects for alternative
                 inspections services.                                

           SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS       
    1761.       Foreign student monitoring program.                   
    1762.       Review of institutions and other entities authorized
                 to enroll or sponsor certain nonimmigrants.          

                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             
    1771.       General Accounting Office study.                      
    1772.       International cooperation.                            
    1773.       Statutory construction.                               
    1774.       Annual report on aliens who fail to appear after
                 release on own recognizance.                         
    1775.       Retention of nonimmigrant visa applications by the
                 Department of State.                                 
    1776.       Training program.                                     
    1777.       Establishment of Human Smuggling and Trafficking
                 Center.                                              
    1778.       Vulnerability and threat assessment.                  

-End-

-CITE-
    8 USC Sec. 1701                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM

-HEAD-
    Sec. 1701. Definitions

-STATUTE-
      In this chapter:
      (1) Alien
        The term "alien" has the meaning given the term in section
      1101(a)(3) of this title.
      (2) Appropriate committees of Congress
        The term "appropriate committees of Congress" means the
      following:
          (A) The Committee on the Judiciary, the Select Committee on
        Intelligence, and the Committee on Foreign Relations of the
        Senate.
          (B) The Committee on the Judiciary, the Permanent Select
        Committee on Intelligence, and the Committee on International
        Relations of the House of Representatives.
      (3) Chimera system
        The term "Chimera system" means the interoperable electronic
      data system required to be developed and implemented by section
      1722(a)(2) of this title.
      (4) Federal law enforcement agencies
        The term "Federal law enforcement agencies" means the
      following:
          (A) The United States Secret Service.
          (B) The Drug Enforcement Administration.
          (C) The Federal Bureau of Investigation.
          (D) The Immigration and Naturalization Service.
          (E) The United States Marshall Service.
          (F) The Naval Criminal Investigative Service.
          (G) The Coast Guard.
          (H) The Diplomatic Security Service.
          (I) The United States Postal Inspection Service.
          (J) The Bureau of Alcohol, Tobacco, Firearms, and Explosives,
        Department of Justice.
          (K) The United States Customs Service.
          (L) The National Park Service.
      (5) Intelligence community
        The term "intelligence community" has the meaning given that
      term in section 401a(4) of title 50.
      (6) President
        The term "President" means the President of the United States,
      acting through the Assistant to the President for Homeland
      Security, in coordination with the Secretary of State, the
      Commissioner of Immigration and Naturalization, the Attorney
      General, the Director of Central Intelligence, the Director of
      the Federal Bureau of Investigation, the Secretary of
      Transportation, the Commissioner of Customs, and the Secretary of
      the Treasury.
      (7) USA PATRIOT Act
        The term "USA PATRIOT Act" means the Uniting and Strengthening
      America by Providing Appropriate Tools Required to Intercept and
      Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-
      56).

-SOURCE-
    (Pub. L. 107-173, Sec. 2, May 14, 2002, 116 Stat. 544; Pub. L. 107-
    296, title XI, Sec. 1112(c), Nov. 25, 2002, 116 Stat. 2276; Pub.
    L. 108-293, title VI, Sec. 619, Aug. 9, 2004, 118 Stat. 1062.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in introductory provisions, was in the
    original "this Act", meaning Pub. L. 107-173, May 14, 2002, 116
    Stat. 543, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out below and Tables.
      The Uniting and Strengthening America by Providing Appropriate
    Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
    ACT) Act of 2001, referred to in par. (7), was Pub. L. 107-56, Oct.
    26, 2001, 115 Stat. 272. Pub. L. 107-56 was renamed the Uniting and
    Strengthening America by Providing Appropriate Tools Required to
    Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act
    by Pub. L. 109-177, title I, Sec. 101(b), Mar. 9, 2006, 120 Stat.
    194. For complete classification of this Act to the Code, see Short
    Title of 2001 Amendment note set out under section 1 of Title 18,
    Crimes and Criminal Procedure, and Tables.

-MISC1-
                                AMENDMENTS                            
      2004 - Par. (4)(G). Pub. L. 108-293 substituted "The Coast Guard"
    for "The Coastal Security Service".
      2002 - Par. (4)(J). Pub. L. 107-296 substituted "Bureau of
    Alcohol, Tobacco, Firearms, and Explosives, Department of Justice"
    for "Bureau of Alcohol, Tobacco, and Firearms".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC2-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                                SHORT TITLE                            
      Pub. L. 107-173, Sec. 1(a), May 14, 2002, 116 Stat. 543, provided
    that: "This Act [enacting this chapter, amending sections 1187,
    1201, 1221, 1356, 1372, and 1379 of this title, enacting provisions
    set out as notes under section 1221 of this title, and amending
    provisions set out as notes under sections 1101, 1351, and 1365a of
    this title] may be cited as the 'Enhanced Border Security and Visa
    Entry Reform Act of 2002'."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC3-
                ACHIEVING OPERATIONAL CONTROL ON THE BORDER            
      Pub. L. 109-367, Sec. 2, Oct. 26, 2006, 120 Stat. 2638, provided
    that:
      "(a) In General. - Not later than 18 months after the date of the
    enactment of this Act [Oct. 26, 2006], the Secretary of Homeland
    Security shall take all actions the Secretary determines necessary
    and appropriate to achieve and maintain operational control over
    the entire international land and maritime borders of the United
    States, to include the following - 
        "(1) systematic surveillance of the international land and
      maritime borders of the United States through more effective use
      of personnel and technology, such as unmanned aerial vehicles,
      ground-based sensors, satellites, radar coverage, and cameras;
      and
        "(2) physical infrastructure enhancements to prevent unlawful
      entry by aliens into the United States and facilitate access to
      the international land and maritime borders by United States
      Customs and Border Protection, such as additional checkpoints,
      all weather access roads, and vehicle barriers.
      "(b) Operational Control Defined. - In this section, the term
    'operational control' means the prevention of all unlawful entries
    into the United States, including entries by terrorists, other
    unlawful aliens, instruments of terrorism, narcotics, and other
    contraband.
      "(c) Report. - Not later than one year after the date of the
    enactment of this Act and annually thereafter, the Secretary shall
    submit to Congress a report on the progress made toward achieving
    and maintaining operational control over the entire international
    land and maritime borders of the United States in accordance with
    this section."

                            BORDER SURVEILLANCE                        
      Pub. L. 108-458, title V, Sec. 5201, Dec. 17, 2004, 118 Stat.
    3733, provided that:
      "(a) In General. - Not later than 6 months after the date of
    enactment of this Act [Dec. 17, 2004], the Secretary of Homeland
    Security shall submit to the President and the appropriate
    committees of Congress a comprehensive plan for the systematic
    surveillance of the southwest border of the United States by
    remotely piloted aircraft.
      "(b) Contents. - The plan submitted under subsection (a) shall
    include - 
        "(1) recommendations for establishing command and control
      centers, operations sites, infrastructure, maintenance, and
      procurement;
        "(2) cost estimates for the implementation of the plan and
      ongoing operations;
        "(3) recommendations for the appropriate agent within the
      Department of Homeland Security to be the executive agency for
      remotely piloted aircraft operations;
        "(4) the number of remotely piloted aircraft required for the
      plan;
        "(5) the types of missions the plan would undertake, including -
       
          "(A) protecting the lives of people seeking illegal entry
        into the United States;
          "(B) interdicting illegal movement of people, weapons, and
        other contraband across the border;
          "(C) providing investigative support to assist in the
        dismantling of smuggling and criminal networks along the
        border;
          "(D) using remotely piloted aircraft to serve as platforms
        for the collection of intelligence against smugglers and
        criminal networks along the border; and
          "(E) further validating and testing of remotely piloted
        aircraft for airspace security missions;
        "(6) the equipment necessary to carry out the plan; and
        "(7) a recommendation regarding whether to expand the pilot
      program along the entire southwest border.
      "(c) Implementation. - The Secretary of Homeland Security shall
    implement the plan submitted under subsection (a) as a pilot
    program as soon as sufficient funds are appropriated and available
    for this purpose.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out the
    provisions of this section."

-End-

-CITE-
    8 USC SUBCHAPTER I - FUNDING                                01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER I - FUNDING

-HEAD-
                          SUBCHAPTER I - FUNDING                      

-End-

-CITE-
    8 USC Sec. 1711                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER I - FUNDING

-HEAD-
    Sec. 1711. Authorization of appropriations for hiring and training
      Government personnel

-STATUTE-
    (a) Additional personnel
      (1) INS inspectors
        Subject to the availability of appropriations, during each of
      the fiscal years 2003 through 2006, the Attorney General shall
      increase the number of inspectors and associated support staff in
      the Immigration and Naturalization Service by the equivalent of
      at least 200 full-time employees over the number of inspectors
      and associated support staff in the Immigration and
      Naturalization Service authorized by the USA PATRIOT Act.
      (2) INS investigative personnel
        Subject to the availability of appropriations, during each of
      the fiscal years 2003 through 2006, the Attorney General shall
      increase the number of investigative and associated support staff
      of the Immigration and Naturalization Service by the equivalent
      of at least 200 full-time employees over the number of
      investigators and associated support staff in the Immigration and
      Naturalization Service authorized by the USA PATRIOT Act.
      (3) Authorization of appropriations
        There are authorized to be appropriated such sums as may be
      necessary to carry out this subsection, including such sums as
      may be necessary to provide facilities, attorney personnel and
      support staff, and other resources needed to support the
      increased number of inspectors, investigative staff, and
      associated support staff.
    (b) Authorization of appropriations for INS staffing
      (1) (!1) In general

        There are authorized to be appropriated for the Department of
      Justice such sums as may be necessary to provide an increase in
      the annual rate of basic pay effective October 1, 2002 - 
          (A) for all journeyman Border Patrol agents and inspectors
        who have completed at least one year's service and are
        receiving an annual rate of basic pay for positions at GS-9 of
        the General Schedule under section 5332 of title 5 from the
        annual rate of basic pay payable for positions at GS-9 of the
        General Schedule under such section 5332, to an annual rate of
        basic pay payable for positions at GS-11 of the General
        Schedule under such section 5332;
          (B) for inspections assistants, from the annual rate of basic
        pay payable for positions at GS-5 of the General Schedule under
        section 5332 of title 5 to an annual rate of basic pay payable
        for positions at GS-7 of the General Schedule under such
        section 5332; and
          (C) for the support staff associated with the personnel
        described in subparagraphs (A) and (B), at the appropriate GS
        level of the General Schedule under such section 5332.
    (c) Authorization of appropriations for training
      There are authorized to be appropriated such sums as may be
    necessary - 
        (1) to appropriately train Immigration and Naturalization
      Service personnel on an ongoing basis - 
          (A) to ensure that their proficiency levels are acceptable to
        protect the borders of the United States; and
          (B) otherwise to enforce and administer the laws within their
        jurisdiction;

        (2) to provide adequate continuing cross-training to agencies
      staffing the United States border and ports of entry to
      effectively and correctly apply applicable United States laws;
        (3) to fully train immigration officers to use the appropriate
      lookout databases and to monitor passenger traffic patterns; and
        (4) to expand the Carrier Consultant Program described in
      section 1225a(b) of this title.(!2)

    (d) Authorization of appropriations for consular functions
      (1) Responsibilities
        The Secretary of State shall - 
          (A) implement enhanced security measures for the review of
        visa applicants;
          (B) staff the facilities and programs associated with the
        activities described in subparagraph (A); and
          (C) provide ongoing training for consular officers and
        diplomatic security agents.
      (2) Authorization of appropriations
        There are authorized to be appropriated for the Department of
      State such sums as may be necessary to carry out paragraph (1).

-SOURCE-
    (Pub. L. 107-173, title I, Sec. 101, May 14, 2002, 116 Stat. 545.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The USA PATRIOT Act, referred to in subsec. (a)(1), (2), is Pub.
    L. 107-56, Oct. 26, 2001, 115 Stat. 272, also known as the Uniting
    and Strengthening America by Providing Appropriate Tools Required
    to Intercept and Obstruct Terrorism Act of 2001. For complete
    classification of this Act to the Code, see Short Title of 2001
    Amendment note set out under section 1 of Title 18, Crimes and
    Criminal Procedure, and Tables.
      Section 1225a(b) of this title, referred to in subsec. (c)(4),
    was in the original "section 235(b) of the Immigration and
    Nationality Act (8 U.S.C. 1225A(b))" and was translated as reading
    section 235A(b) of that Act to reflect the probable intent of
    Congress because that section 235A(b) describes the Carrier
    Consultant Program.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.

               

    (!2) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1712                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER I - FUNDING

-HEAD-
    Sec. 1712. Authorization of appropriations for improvements in
      technology and infrastructure

-STATUTE-
    (a) Funding of technology
      (1) Authorization of appropriations
        In addition to funds otherwise available for such purpose,
      there are authorized to be appropriated $150,000,000 to the
      Immigration and Naturalization Service for purposes of - 
          (A) making improvements in technology (including
        infrastructure support, computer security, and information
        technology development) for improving border security;
          (B) expanding, utilizing, and improving technology to improve
        border security; and
          (C) facilitating the flow of commerce and persons at ports of
        entry, including improving and expanding programs for
        preenrollment and preclearance.
      (2) Waiver of fees
        Federal agencies involved in border security may waive all or
      part of enrollment fees for technology-based programs to
      encourage participation by United States citizens and aliens in
      such programs. Any agency that waives any part of any such fee
      may establish its fees for other services at a level that will
      ensure the recovery from other users of the amounts waived.
      (3) Offset of increases in fees
        The Attorney General may, to the extent reasonable, increase
      land border fees for the issuance of arrival-departure documents
      to offset technology costs.
    (b) Improvement and expansion of INS, State Department, and customs
      facilities
      There are authorized to be appropriated to the Immigration and
    Naturalization Service and the Department of State such sums as may
    be necessary to improve and expand facilities for use by the
    personnel of those agencies.

-SOURCE-
    (Pub. L. 107-173, title I, Sec. 102, May 14, 2002, 116 Stat. 546.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC1-
        USE OF GROUND SURVEILLANCE TECHNOLOGIES FOR BORDER SECURITY    
      Pub. L. 109-13, div. B, title III, Sec. 302, May 11, 2005, 119
    Stat. 316, provided that:
      "(a) Pilot Program. - Not later than 180 days after the date of
    the enactment of this division [May 11, 2005], the Under Secretary
    of Homeland Security for Science and Technology, in consultation
    with the Under Secretary of Homeland Security for Border and
    Transportation Security, the Under Secretary of Homeland Security
    for Information Analysis and Infrastructure Protection, and the
    Secretary of Defense, shall develop a pilot program to utilize, or
    increase the utilization of, ground surveillance technologies to
    enhance the border security of the United States. In developing the
    program, the Under Secretary shall - 
        "(1) consider various current and proposed ground surveillance
      technologies that could be utilized to enhance the border
      security of the United States;
        "(2) assess the threats to the border security of the United
      States that could be addressed by the utilization of such
      technologies; and
        "(3) assess the feasibility and advisability of utilizing such
      technologies to address such threats, including an assessment of
      the technologies considered best suited to address such threats.
      "(b) Additional Requirements. - 
        "(1) In general. - The pilot program shall include the
      utilization of a variety of ground surveillance technologies in a
      variety of topographies and areas (including both populated and
      unpopulated areas) on both the northern and southern borders of
      the United States in order to evaluate, for a range of
      circumstances - 
          "(A) the significance of previous experiences with such
        technologies in homeland security or critical infrastructure
        protection for the utilization of such technologies for border
        security;
          "(B) the cost, utility, and effectiveness of such
        technologies for border security; and
          "(C) liability, safety, and privacy concerns relating to the
        utilization of such technologies for border security.
        "(2) Technologies. - The ground surveillance technologies
      utilized in the pilot program shall include the following:
          "(A) Video camera technology.
          "(B) Sensor technology.
          "(C) Motion detection technology.
      "(c) Implementation. - The Under Secretary of Homeland Security
    for Border and Transportation Security shall implement the pilot
    program developed under this section.
      "(d) Report. - Not later than 1 year after implementing the pilot
    program under subsection (a), the Under Secretary shall submit a
    report on the program to the Senate Committee on Commerce, Science,
    and Transportation, the House of Representatives Committee on
    Science, the House of Representatives Committee on Homeland
    Security, and the House of Representatives Committee on the
    Judiciary. The Under Secretary shall include in the report a
    description of the program together with such recommendations as
    the Under Secretary finds appropriate, including recommendations
    for terminating the program, making the program permanent, or
    enhancing the program."

        ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM    
      Pub. L. 108-458, title V, subtitle A, Dec. 17, 2004, 118 Stat.
    3732, provided that:

      "SEC. 5101. ESTABLISHMENT.
      "The Secretary of Homeland Security may carry out a pilot program
    to test various advanced technologies that will improve border
    security between ports of entry along the northern border of the
    United States.

      "SEC. 5102. PROGRAM REQUIREMENTS.
      "(a) Required Features. - The Secretary of Homeland Security
    shall design the pilot program under this subtitle to have the
    following features:
        "(1) Use of advanced technological systems, including sensors,
      video, and unmanned aerial vehicles, for border surveillance.
        "(2) Use of advanced computing and decision integration
      software for - 
          "(A) evaluation of data indicating border incursions;
          "(B) assessment of threat potential; and
          "(C) rapid real-time communication, monitoring, intelligence
        gathering, deployment, and response.
        "(3) Testing of advanced technology systems and software to
      determine best and most cost-effective uses of advanced
      technology to improve border security.
        "(4) Operation of the program in remote stretches of border
      lands with long distances between 24-hour ports of entry with a
      relatively small presence of United States border patrol
      officers.
        "(5) Capability to expand the program upon a determination by
      the Secretary that expansion would be an appropriate and cost-
      effective means of improving border security.
      "(b) Coordination With Other Agencies. - The Secretary of
    Homeland Security shall ensure that the operation of the pilot
    program under this subtitle - 
        "(1) is coordinated among United States, State, local, and
      Canadian law enforcement and border security agencies; and
        "(2) includes ongoing communication among such agencies.

      "SEC. 5103. ADMINISTRATIVE PROVISIONS.
      "(a) Procurement of Advanced Technology. - The Secretary of
    Homeland Security may enter into contracts for the procurement or
    use of such advanced technologies as the Secretary determines
    appropriate for the pilot program under this subtitle.
      "(b) Program Partnerships. - In carrying out the pilot program
    under this subtitle, the Secretary of Homeland Security may provide
    for the establishment of cooperative arrangements for participation
    in the pilot program by such participants as law enforcement and
    border security agencies referred to in section 5102(b),
    institutions of higher education, and private sector entities.

      "SEC. 5104. REPORT.
      "(a) Requirement for Report. - Not later than 1 year after the
    date of enactment of this Act [Dec. 17, 2004], the Secretary of
    Homeland Security shall submit to Congress a report on the pilot
    program under this subtitle.
      "(b) Content. - The report under subsection (a) shall include the
    following matters:
        "(1) A discussion of the implementation of the pilot program,
      including the experience under the pilot program.
        "(2) A recommendation regarding whether to expand the pilot
      program along the entire northern border of the United States and
      a timeline for the implementation of the expansion.

      "SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
      "There is authorized to be appropriated such sums as may be
    necessary to carry out the pilot program under this subtitle."

-End-

-CITE-
    8 USC Sec. 1713                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER I - FUNDING

-HEAD-
    Sec. 1713. Machine-readable visa fees

-STATUTE-
    (a) Omitted
    (b) Fee amount
      The machine-readable visa fee charged by the Department of State
    shall be the higher of $65 or the cost of the machine-readable visa
    service, as determined by the Secretary of State after conducting a
    study of the cost of such service.
    (c) Surcharge
      The Department of State is authorized to charge a surcharge of
    $10, in addition to the machine-readable visa fee, for issuing a
    machine-readable visa in a nonmachine-readable passport.
    (d) Availability of collected fees
      Notwithstanding any other provision of law, amounts collected as
    fees described in this section shall be credited as an offsetting
    collection to any appropriation for the Department of State to
    recover costs of providing consular services. Amounts so credited
    shall be available, until expended, for the same purposes as the
    appropriation to which credited.

-SOURCE-
    (Pub. L. 107-173, title I, Sec. 103, May 14, 2002, 116 Stat. 547.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 103 of Pub. L. 107-173. Subsec.
    (a) of section 103 of Pub. L. 107-173 amended provisions set out as
    a note under section 1351 of this title.

-End-

-CITE-
    8 USC Sec. 1714                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER I - FUNDING

-HEAD-
    Sec. 1714. Surcharges related to consular services

-STATUTE-
      Beginning in fiscal year 2005 and thereafter, the Secretary of
    State is authorized to charge surcharges related to consular
    services in support of enhanced border security that are in
    addition to the passport and immigrant visa fees in effect on
    January 1, 2004: Provided, That funds collected pursuant to this
    authority shall be credited to this account, and shall be available
    until expended for the purposes of such account: Provided further,
    That such surcharges shall be $12 on passport fees, and $45 on
    immigrant visa fees.

-SOURCE-
    (Pub. L. 108-447, div. B, title IV, Dec. 8, 2004, 118 Stat. 2896.)

-COD-
                               CODIFICATION                           
      Section appears under the headings "Administration of Foreign
    Affairs" and "Diplomatic and Consular Programs" in title IV of div.
    B of Pub. L. 108-447. It was enacted as part of the Department of
    State and Related Agency Appropriations Act, 2005, and also as part
    of the Departments of Commerce, Justice, and State, the Judiciary,
    and Related Agencies Appropriations Act, 2005, and as part of the
    Consolidated Appropriations Act, 2005, and not as part of the
    Enhanced Border Security and Visa Entry Reform Act of 2002 which
    comprises this chapter.

-MISC1-
              AUTHORITY TO ADMINISTRATIVELY AMEND SURCHARGES          
      Pub. L. 109-472, Sec. 6, Jan. 11, 2007, 120 Stat. 3555, provided
    that:
      "(a) In General. - Beginning in fiscal year 2007 and thereafter,
    the Secretary of State is authorized to amend administratively the
    amounts of the surcharges related to consular services in support
    of enhanced border security (provided for in the last paragraph
    under the heading 'diplomatic and consular programs' under title IV
    of division B of the Consolidated Appropriations Act, 2005 (Public
    Law 108-447) [this section]) that are in addition to the passport
    and immigrant visa fees in effect on January 1, 2004.
      "(b) Requirements. - In carrying out subsection (a) and the
    provision of law described in such subsection, the Secretary shall
    meet the following requirements:
        "(1) The amounts of the surcharges shall be reasonably related
      to the costs of providing services in connection with the
      activity or item for which the surcharges are charged.
        "(2) The aggregate amount of surcharges collected may not
      exceed the aggregate amount obligated and expended for the costs
      related to consular services in support of enhanced border
      security incurred in connection with the activity or item for
      which the surcharges are charged.
        "(3) A surcharge may not be collected except to the extent the
      surcharge will be obligated and expended to pay the costs related
      to consular services in support of enhanced border security
      incurred in connection with the activity or item for which the
      surcharge is charged.
        "(4) A surcharge shall be available for obligation and
      expenditure only to pay the costs related to consular services in
      support of enhanced border security incurred in providing
      services in connection with the activity or item for which the
      surcharge is charged."

-End-

-CITE-
    8 USC SUBCHAPTER II - INTERAGENCY INFORMATION SHARING       01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-
              SUBCHAPTER II - INTERAGENCY INFORMATION SHARING          

-End-

-CITE-
    8 USC Sec. 1721                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-
    Sec. 1721. Interim measures for access to and coordination of law
      enforcement and other information

-STATUTE-
    (a) Interim directive
      Until the plan required by subsection (c) of this section is
    implemented, Federal law enforcement agencies and the intelligence
    community shall, to the maximum extent practicable, share any
    information with the Department of State and the Immigration and
    Naturalization Service relevant to the admissibility and
    deportability of aliens, consistent with the plan described in
    subsection (c) of this section.
    (b) Report identifying law enforcement and intelligence information
      (1) In general
        Not later than 120 days after May 14, 2002, the President shall
      submit to the appropriate committees of Congress a report
      identifying Federal law enforcement and the intelligence
      community information needed by the Department of State to screen
      visa applicants, or by the Immigration and Naturalization Service
      to screen applicants for admission to the United States, and to
      identify those aliens inadmissible or deportable under the
      Immigration and Nationality Act [8 U.S.C. 1101 et seq.].
      (2) Omitted
    (c) Coordination plan
      (1) Requirement for plan
        Not later than one year after October 26, 2001, the President
      shall develop and implement a plan based on the findings of the
      report under subsection (b) of this section that requires Federal
      law enforcement agencies and the intelligence community to
      provide to the Department of State and the Immigration and
      Naturalization Service all information identified in that report
      as expeditiously as practicable.
      (2) Consultation requirement
        In the preparation and implementation of the plan under this
      subsection, the President shall consult with the appropriate
      committees of Congress.
      (3) Protections regarding information and uses thereof
        The plan under this subsection shall establish conditions for
      using the information described in subsection (b) of this section
      received by the Department of State and Immigration and
      Naturalization Service - 
          (A) to limit the redissemination of such information;
          (B) to ensure that such information is used solely to
        determine whether to issue a visa to an alien or to determine
        the admissibility or deportability of an alien to the United
        States, except as otherwise authorized under Federal law;
          (C) to ensure the accuracy, security, and confidentiality of
        such information;
          (D) to protect any privacy rights of individuals who are
        subjects of such information;
          (E) to provide data integrity through the timely removal and
        destruction of obsolete or erroneous names and information; and
          (F) in a manner that protects the sources and methods used to
        acquire intelligence information as required by section 403-
        3(c)(7) of title 50.(!1)

      (4) Criminal penalties for misuse of information
        Any person who obtains information under this subsection
      without authorization or exceeding authorized access (as defined
      in section 1030(e) of title 18), and who uses such information in
      the manner described in any of the paragraphs (1) through (7) of
      section 1030(a) of such title, or attempts to use such
      information in such manner, shall be subject to the same
      penalties as are applicable under section 1030(c) of such title
      for violation of that paragraph.

-SOURCE-
    (Pub. L. 107-173, title II, Sec. 201, May 14, 2002, 116 Stat. 547;
    Pub. L. 108-177, title III, Sec. 377(f), Dec. 13, 2003, 117 Stat.
    2631.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.
      Section 403-3 of title 50, referred to in subsec. (c)(3)(F), was
    repealed and a new section 403-3 was enacted by Pub. L. 108-458,
    title I, Sec. 1011(a), Dec. 17, 2004, 118 Stat. 3643, 3655, and, as
    so enacted, subsec. (c)(7) no longer contains provisions relating
    to the protection of sources and methods used to acquire
    intelligence information. See section 403-1 of Title 50, War and
    National Defense.

-COD-
                               CODIFICATION                           
      Section is comprised of section 201 of Pub. L. 107-173. Subsec.
    (b)(2) of section 201 of Pub. L. 107-173 amended provisions set out
    as a note under section 1365a of this title. Subsec. (c)(5) of
    section 201 of Pub. L. 107-173 amended section 1379 of this title.

-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (c)(3)(F). Pub. L. 108-177 substituted "section
    403-3(c)(7) of title 50" for "section 403-3(c)(6) of title 50".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-MISC2-
     ENHANCEMENT OF COMMUNICATIONS INTEGRATION AND INFORMATION SHARING
                            ON BORDER SECURITY
      Pub. L. 109-13, div. B, title III, Sec. 303, May 11, 2005, 119
    Stat. 317, provided that:
      "(a) In General. - Not later than 180 days after the date of the
    enactment of this division [May 11, 2005], the Secretary of
    Homeland Security, acting through the Under Secretary of Homeland
    Security for Border and Transportation Security, in consultation
    with the Under Secretary of Homeland Security for Science and
    Technology, the Under Secretary of Homeland Security for
    Information Analysis and Infrastructure Protection, the Assistant
    Secretary of Commerce for Communications and Information, and other
    appropriate Federal, State, local, and tribal agencies, shall
    develop and implement a plan - 
        "(1) to improve the communications systems of the departments
      and agencies of the Federal Government in order to facilitate the
      integration of communications among the departments and agencies
      of the Federal Government and State, local government agencies,
      and Indian tribal agencies on matters relating to border
      security; and
        "(2) to enhance information sharing among the departments and
      agencies of the Federal Government, State and local government
      agencies, and Indian tribal agencies on such matters.
      "(b) Report. - Not later than 1 year after implementing the plan
    under subsection (a), the Secretary shall submit a copy of the plan
    and a report on the plan, including any recommendations the
    Secretary finds appropriate, to the Senate Committee on Commerce,
    Science, and Transportation, the House of Representatives Committee
    on Science, the House of Representatives Committee on Homeland
    Security, and the House of Representatives Committee on the
    Judiciary."

-FOOTNOTE-               

    (!1) See References in Text note below.

-End-

-CITE-
    8 USC Sec. 1722                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-
    Sec. 1722. Interoperable law enforcement and intelligence data
      system with name-matching capacity and training

-STATUTE-
    (a) Interoperable law enforcement and intelligence electronic data
      system
      (1) Requirement for integrated immigration and naturalization
        data system
        The Immigration and Naturalization Service shall fully
      integrate all databases and data systems maintained by the
      Service that process or contain information on aliens. The fully
      integrated data system shall be an interoperable component of the
      electronic data system described in paragraph (2).
      (2) Requirement for interoperable data system
        Upon the date of commencement of implementation of the plan
      required by section 1721(c) of this title, the President shall
      develop and implement an interoperable electronic data system to
      provide current and immediate access to information in databases
      of Federal law enforcement agencies and the intelligence
      community that is relevant to determine whether to issue a visa
      or to determine the admissibility or deportability of an alien
      (also known as the "Chimera system").
      (3) Consultation requirement
        In the development and implementation of the data system under
      this subsection, the President shall consult with the Director of
      the National Institute of Standards and Technology (NIST) and any
      such other agency as may be deemed appropriate.
      (4) Technology standard
        (A) In general
          The data system developed and implemented under this
        subsection, and the databases referred to in paragraph (2),
        shall utilize the technology standard established pursuant to
        section 1379 of this title.
        (B) Omitted
      (5) Access to information in data system
        Subject to paragraph (6), information in the data system under
      this subsection shall be readily and easily accessible - 
          (A) to any consular officer responsible for the issuance of
        visas;
          (B) to any Federal official responsible for determining an
        alien's admissibility to or deportability from the United
        States; and
          (C) to any Federal law enforcement or intelligence officer
        determined by regulation to be responsible for the
        investigation or identification of aliens.
      (6) Limitation on access
        The President shall, in accordance with applicable Federal
      laws, establish procedures to restrict access to intelligence
      information in the data system under this subsection, and the
      databases referred to in paragraph (2), under circumstances in
      which such information is not to be disclosed directly to
      Government officials under paragraph (5).
    (b) Name-search capacity and support
      (1) In general
        The interoperable electronic data system required by subsection
      (a) of this section shall - 
          (A) have the capacity to compensate for disparate name
        formats among the different databases referred to in subsection
        (a) of this section;
          (B) be searchable on a linguistically sensitive basis;
          (C) provide adequate user support;
          (D) to the extent practicable, utilize commercially available
        technology; and
          (E) be adjusted and improved, based upon experience with the
        databases and improvements in the underlying technologies and
        sciences, on a continuing basis.
      (2) Linguistically sensitive searches
        (A) In general
          To satisfy the requirement of paragraph (1)(B), the
        interoperable electronic database shall be searchable based on
        linguistically sensitive algorithms that - 
            (i) account for variations in name formats and
          transliterations, including varied spellings and varied
          separation or combination of name elements, within a
          particular language; and
            (ii) incorporate advanced linguistic, mathematical,
          statistical, and anthropological research and methods.
        (B) Languages required
          (i) Priority languages
            Linguistically sensitive algorithms shall be developed and
          implemented for no fewer than 4 languages designated as high
          priorities by the Secretary of State, after consultation with
          the Attorney General and the Director of Central
          Intelligence.
          (ii) Implementation schedule
            Of the 4 linguistically sensitive algorithms required to be
          developed and implemented under clause (i) - 
              (I) the highest priority language algorithms shall be
            implemented within 18 months after May 14, 2002; and
              (II) an additional language algorithm shall be
            implemented each succeeding year for the next three years.
      (3) Adequate user support
        The Secretary of State and the Attorney General shall jointly
      prescribe procedures to ensure that consular and immigration
      officers can, as required, obtain assistance in resolving
      identity and other questions that may arise about the names of
      aliens seeking visas or admission to the United States that may
      be subject to variations in format, transliteration, or other
      similar phenomenon.
      (4) Interim reports
        Six months after May 14, 2002, the President shall submit a
      report to the appropriate committees of Congress on the progress
      in implementing each requirement of this section.
      (5) Reports by intelligence agencies
        (A) Current standards
          Not later than 60 days after May 14, 2002, the Director of
        Central Intelligence shall complete the survey and issue the
        report previously required by section 309(a) of the
        Intelligence Authorization Act for Fiscal Year 1998 (50 U.S.C.
        403-3 note).
        (B) Guidelines
          Not later than 120 days after May 14, 2002, the Director of
        Central Intelligence shall issue the guidelines and submit the
        copy of those guidelines previously required by section 309(b)
        of the Intelligence Authorization Act for Fiscal Year 1998.
      (6) Authorization of appropriations
        There are authorized to be appropriated such sums as are
      necessary to carry out the provisions of this subsection.

-SOURCE-
    (Pub. L. 107-173, title II, Sec. 202, May 14, 2002, 116 Stat. 548.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 309 of the Intelligence Authorization Act for Fiscal Year
    1998, referred to in subsec. (b)(5), is section 309 of Pub. L. 105-
    107, title III, Nov. 20, 1997, 111 Stat. 2253, which was set out
    as a note under former section 403-3 of Title 50, War and National
    Defense, and has been omitted from the Code.

-COD-
                               CODIFICATION                           
      Section is comprised of section 202 of Pub. L. 107-173. Subsec.
    (a)(4)(B) of section 202 of Pub. L. 107-173 amended section 1379 of
    this title.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1723                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-
    Sec. 1723. Commission on Interoperable Data Sharing

-STATUTE-
    (a) Establishment
      Not later than one year after October 26, 2001, the President
    shall establish a Commission on Interoperable Data Sharing (in this
    section referred to as the "Commission"). The purposes of the
    Commission shall be to - 
        (1) monitor the protections described in section 1721(c)(3) of
      this title;
        (2) provide oversight of the interoperable electronic data
      system described in section 1722 of this title; and
        (3) report to Congress annually on the Commission's findings
      and recommendations.
    (b) Composition
      The Commission shall consist of nine members, who shall be
    appointed by the President, as follows:
        (1) One member, who shall serve as Chair of the Commission.
        (2) Eight members, who shall be appointed from a list of
      nominees jointly provided by the Speaker of the House of
      Representatives, the Minority Leader of the House of
      Representatives, the Majority Leader of the Senate, and the
      Minority Leader of the Senate.
    (c) Considerations
      The Commission shall consider recommendations regarding the
    following issues:
        (1) Adequate protection of privacy concerns inherent in the
      design, implementation, or operation of the interoperable
      electronic data system.
        (2) Timely adoption of security innovations, consistent with
      generally accepted security standards, to protect the integrity
      and confidentiality of information to prevent the risks of
      accidental or unauthorized loss, access, destruction, use
      modification, or disclosure of information.
        (3) The adequacy of mechanisms to permit the timely correction
      of errors in data maintained by the interoperable data system.
        (4) Other protections against unauthorized use of data to guard
      against the misuse of the interoperable data system or the data
      maintained by the system, including recommendations for
      modifications to existing laws and regulations to sanction misuse
      of the system.
    (d) Authorization of appropriations
      There are authorized to be appropriated to the Commission such
    sums as may be necessary to carry out this section.

-SOURCE-
    (Pub. L. 107-173, title II, Sec. 203, May 14, 2002, 116 Stat. 551.)

-End-

-CITE-
    8 USC Sec. 1724                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER II - INTERAGENCY INFORMATION SHARING

-HEAD-
    Sec. 1724. Personnel management authorities for positions involved
      in the development and implementation of the interoperable
      electronic data system ("Chimera system")

-STATUTE-
    (a) In general
      Notwithstanding any other provision of law relating to position
    classification or employee pay or performance, the Attorney General
    may hire and fix the compensation of necessary scientific,
    technical, engineering, and other analytical personnel for the
    purpose of the development and implementation of the interoperable
    electronic data system described in section 1722(a)(2) of this
    title (also known as the "Chimera system").
    (b) Limitation on rate of pay
      Except as otherwise provided by law, no employee compensated
    under subsection (a) of this section may be paid at a rate in
    excess of the rate payable for a position at level III of the
    Executive Schedule.
    (c) Limitation on total calendar year payments
      Total payments to employees under any system established under
    this section shall be subject to the limitation on payments to
    employees under section 5307 of title 5.
    (d) Operating plan
      Not later than 90 days after May 14, 2002, the Attorney General
    shall submit to the Committee on Appropriations, the Committee on
    the Judiciary, the Select Committee on Intelligence, and the
    Committee on Foreign Relations of the Senate and the Committee on
    Appropriations, the Committee on the Judiciary, the Permanent
    Select Committee on Intelligence, and the Committee on
    International Relations of the House of Representatives an
    operating plan - 
        (1) describing the Attorney General's intended use of the
      authority under this section; and
        (2) identifying any provisions of title 5 being waived for
      purposes of the development and implementation of the Chimera
      system.
    (e) Termination date
      The authority of this section shall terminate upon the
    implementation of the Chimera system.

-SOURCE-
    (Pub. L. 107-173, title II, Sec. 204, May 14, 2002, 116 Stat. 551.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level III of the Executive Schedule, referred to in subsec. (b),
    is set out in section 5314 of Title 5, Government Organization and
    Employees.

-End-

-CITE-
    8 USC SUBCHAPTER III - VISA ISSUANCE                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
                      SUBCHAPTER III - VISA ISSUANCE                  

-End-

-CITE-
    8 USC Sec. 1731                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1731. Implementation of an integrated entry and exit data
      system

-STATUTE-
    (a) Development of system
      In developing the integrated entry and exit data system for the
    ports of entry, as required by the Immigration and Naturalization
    Service Data Management Improvement Act of 2000 (Public Law 106-
    215), the Attorney General and the Secretary of State shall - 
        (1) implement, fund, and use a technology standard under
      section 1379 of this title at United States ports of entry and at
      consular posts abroad;
        (2) establish a database containing the arrival and departure
      data from machine-readable visas, passports, and other travel and
      entry documents possessed by aliens; and
        (3) make interoperable all security databases relevant to
      making determinations of admissibility under section 1182 of this
      title.
    (b) Implementation
      In implementing the provisions of subsection (a) of this section,
    the Immigration and Naturalization Service and the Department of
    State shall - 
        (1) utilize technologies that facilitate the lawful and
      efficient cross-border movement of commerce and persons without
      compromising the safety and security of the United States; and
        (2) consider implementing the North American National Security
      Program described in section 1751 of this title.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 302, May 14, 2002, 116 Stat.
    552.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Naturalization Service Data Management
    Improvement Act of 2000, referred to in subsec. (a), is Pub. L. 106-
    215, June 15, 2000, 114 Stat. 337, which amended section 1365a of
    this title and enacted provisions set out as notes under sections
    1101 and 1365a of this title. For complete classification of this
    Act to the Code, see Short Title of 2000 Amendment note set out
    under section 1101 of this title and Tables.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1732                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1732. Machine-readable, tamper-resistant entry and exit
      documents

-STATUTE-
    (a) Report
      (1) In general
        Not later than 180 days after May 14, 2002, the Attorney
      General, the Secretary of State, and the National Institute of
      Standards and Technology (NIST), acting jointly, shall submit to
      the appropriate committees of Congress a comprehensive report
      assessing the actions that will be necessary, and the
      considerations to be taken into account, to achieve fully, not
      later than October 26, 2004 - 
          (A) implementation of the requirements of subsections (b) and
        (c) of this section; and
          (B) deployment of the equipment and software to allow
        biometric comparison and authentication of the documents
        described in subsections (b) and (c) of this section.
      (2) Estimates
        In addition to the assessment required by paragraph (1), the
      report required by that paragraph shall include an estimate of
      the costs to be incurred, and the personnel, man-hours, and other
      support required, by the Department of Justice, the Department of
      State, and NIST to achieve the objectives of subparagraphs (A)
      and (B) of paragraph (1).
    (b) Requirements
      (1) In general
        Not later than October 26, 2004, the Attorney General and the
      Secretary of State shall issue to aliens only machine-readable,
      tamper-resistant visas and other travel and entry documents that
      use biometric identifiers. The Attorney General and the Secretary
      of State shall jointly establish document authentication
      standards and biometric identifiers standards to be employed on
      such visas and other travel and entry documents from among those
      biometric identifiers recognized by domestic and international
      standards organizations.
      (2) Readers and scanners at ports of entry
        (A) In general
          Not later than October 26, 2005, the Attorney General, in
        consultation with the Secretary of State, shall install at all
        ports of entry of the United States equipment and software to
        allow biometric comparison and authentication of all United
        States visas and other travel and entry documents issued to
        aliens, and passports issued pursuant to subsection (c)(1) of
        this section.
        (B) Use of readers and scanners
          The Attorney General, in consultation with the Secretary of
        State, shall utilize biometric data readers and scanners that -
        
            (i) domestic and international standards organizations
          determine to be highly accurate when used to verify identity;
            (ii) can read the biometric identifiers utilized under
          subsections (b)(1) and (c)(1) of this section; and
            (iii) can authenticate the document presented to verify
          identity.
      (3) Use of technology standard
        The systems employed to implement paragraphs (1) and (2) shall
      utilize the technology standard established pursuant to section
      1379 of this title.
    (c) Technology standard for visa waiver participants
      (1) Certification requirement
        Not later than October 26, 2005, the government of each country
      that is designated to participate in the visa waiver program
      established under section 1187 of this title shall certify, as a
      condition for designation or continuation of that designation,
      that it has a program to issue to its nationals machine-readable
      passports that are tamper-resistant and incorporate biometric and
      document authentication identifiers that comply with applicable
      biometric and document identifying standards established by the
      International Civil Aviation Organization. This paragraph shall
      not be construed to rescind the requirement of section 1187(a)(3)
      of this title.
      (2) Use of technology standard
        On and after October 26, 2005, any alien applying for admission
      under the visa waiver program under section 1187 of this title
      shall present a passport that meets the requirements of paragraph
      (1) unless the alien's passport was issued prior to that date.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section, including reimbursement to
    international and domestic standards organizations.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 303, May 14, 2002, 116 Stat. 553;
    Pub. L. 108-299, Sec. 1, Aug. 9, 2004, 118 Stat. 1100.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (b)(2)(A), (c)(1), (2). Pub. L. 108-299
    substituted "2005" for "2004".

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1733                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1733. Terrorist lookout committees

-STATUTE-
    (a) Establishment
      The Secretary of State shall require a terrorist lookout
    committee to be maintained within each United States mission to a
    foreign country.
    (b) Purpose
      The purpose of each committee established under subsection (a) of
    this section shall be - 
        (1) to utilize the cooperative resources of all elements of the
      United States mission in the country in which the consular post
      is located to identify known or potential terrorists and to
      develop information on those individuals;
        (2) to ensure that such information is routinely and
      consistently brought to the attention of appropriate United
      States officials for use in administering the immigration laws of
      the United States; and
        (3) to ensure that the names of known and suspected terrorists
      are entered into the appropriate lookout databases.
    (c) Composition; chair
      The Secretary shall establish rules governing the composition of
    such committees.
    (d) Meetings
      Each committee established under subsection (a) of this section
    shall meet at least monthly to share information pertaining to the
    committee's purpose as described in subsection (b)(2) of this
    section.
    (e) Periodic reports to the Secretary of State
      Each committee established under subsection (a) of this section
    shall submit monthly reports to the Secretary of State describing
    the committee's activities, whether or not information on known or
    suspected terrorists was developed during the month.
    (f) Reports to Congress
      The Secretary of State shall submit a report on a quarterly basis
    to the appropriate committees of Congress on the status of the
    committees established under subsection (a) of this section.
    (g) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to implement this section.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 304, May 14, 2002, 116 Stat.
    554.)

-End-

-CITE-
    8 USC Sec. 1734                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1734. Improved training for consular officers

-STATUTE-
    (a) Training
      The Secretary of State shall require that all consular officers
    responsible for adjudicating visa applications, before undertaking
    to perform consular responsibilities, receive specialized training
    in the effective screening of visa applicants who pose a potential
    threat to the safety or security of the United States. Such
    officers shall be specially and extensively trained in the
    identification of aliens inadmissible under section 1182(a)(3)(A)
    and (B) of this title, interagency and international intelligence
    sharing regarding terrorists and terrorism, and cultural-
    sensitivity toward visa applicants. In accordance with section
    1776 of this title, and as part of the consular training provided
    to such officers by the Secretary of State, such officers shall
    also receive training in detecting fraudulent documents and general
    document forensics and shall be required as part of such training
    to work with immigration officers conducting inspections of
    applicants for admission into the United States at ports of entry.
    (b) Use of foreign intelligence information
      As an ongoing component of the training required in subsection
    (a) of this section, the Secretary of State shall coordinate with
    the Assistant to the President for Homeland Security, Federal law
    enforcement agencies, and the intelligence community to compile and
    disseminate to the Bureau of Consular Affairs reports, bulletins,
    updates, and other current unclassified information relevant to
    terrorists and terrorism and to screening visa applicants who pose
    a potential threat to the safety or security of the United States.
    (c) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to implement this section.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 305, May 14, 2002, 116 Stat. 555;
    Pub. L. 108-458, title VII, Sec. 7203(c), Dec. 17, 2004, 118 Stat.
    3814.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-458 inserted at end "In
    accordance with section 1776 of this title, and as part of the
    consular training provided to such officers by the Secretary of
    State, such officers shall also receive training in detecting
    fraudulent documents and general document forensics and shall be
    required as part of such training to work with immigration officers
    conducting inspections of applicants for admission into the United
    States at ports of entry."

-End-

-CITE-
    8 USC Sec. 1735                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1735. Restriction on issuance of visas to nonimmigrants from
      countries that are state sponsors of international terrorism

-STATUTE-
    (a) In general
      No nonimmigrant visa under section 1101(a)(15) of this title
    shall be issued to any alien from a country that is a state sponsor
    of international terrorism unless the Secretary of State
    determines, in consultation with the Attorney General and the heads
    of other appropriate United States agencies, that such alien does
    not pose a threat to the safety or national security of the United
    States. In making a determination under this subsection, the
    Secretary of State shall apply standards developed by the Secretary
    of State, in consultation with the Attorney General and the heads
    of other appropriate United States agencies, that are applicable to
    the nationals of such states.
    (b) State sponsor of international terrorism defined
      (1) In general
        In this section, the term "state sponsor of international
      terrorism" means any country the government of which has been
      determined by the Secretary of State under any of the laws
      specified in paragraph (2) to have repeatedly provided support
      for acts of international terrorism.
      (2) Laws under which determinations were made
        The laws specified in this paragraph are the following:
          (A) Section 2405(j)(1)(A) of title 50, Appendix (or successor
        statute).
          (B) Section 2780(d) of title 22.
          (C) Section 2371(a) of title 22.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 306, May 14, 2002, 116 Stat.
    555.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1736                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1736. Check of lookout databases

-STATUTE-
      Prior to the admission of an alien under the visa waiver program
    established under section 1187 of this title, the Immigration and
    Naturalization Service shall determine that the applicant for
    admission does not appear in any of the appropriate lookout
    databases available to immigration inspectors at the time the alien
    seeks admission to the United States.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 307(b), May 14, 2002, 116 Stat.
    556.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1737                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1737. Tracking system for stolen passports

-STATUTE-
    (a) Entering stolen passport identification numbers in the
      interoperable data system
      (1) In general
        Beginning with implementation under section 1722 of this title
      of the law enforcement and intelligence data system, not later
      than 72 hours after receiving notification of the loss or theft
      of a United States or foreign passport, the Attorney General and
      the Secretary of State, as appropriate, shall enter into such
      system the corresponding identification number for the lost or
      stolen passport.
      (2) Entry of information on previously lost or stolen passports
        To the extent practicable, the Attorney General, in
      consultation with the Secretary of State, shall enter into such
      system the corresponding identification numbers for the United
      States and foreign passports lost or stolen prior to the
      implementation of such system.
    (b) Transition period
      Until such time as the law enforcement and intelligence data
    system described in section 1722 of this title is fully
    implemented, the Attorney General shall enter the data described in
    subsection (a) of this section into an existing data system being
    used to determine the admissibility or deportability of aliens.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 308, May 14, 2002, 116 Stat.
    556.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1738                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER III - VISA ISSUANCE

-HEAD-
    Sec. 1738. Identification documents for certain newly admitted
      aliens

-STATUTE-
      Not later than 180 days after May 14, 2002, the Attorney General
    shall ensure that, immediately upon the arrival in the United
    States of an individual admitted under section 1157 of this title,
    or immediately upon an alien being granted asylum under section
    1158 of this title, the alien will be issued an employment
    authorization document. Such document shall, at a minimum, contain
    the fingerprint and photograph of such alien.

-SOURCE-
    (Pub. L. 107-173, title III, Sec. 309, May 14, 2002, 116 Stat.
    556.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS    01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-
            SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS        

-End-

-CITE-
    8 USC Sec. 1751                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-
    Sec. 1751. Study of the feasibility of a North American National
      Security Program

-STATUTE-
    (a) In general
      The President shall conduct a study of the feasibility of
    establishing a North American National Security Program to enhance
    the mutual security and safety of the United States, Canada, and
    Mexico.
    (b) Study elements
      In conducting the study required by subsection (a) of this
    section, the President shall consider the following:
      (1) Preclearance
        The feasibility of establishing a program enabling foreign
      national travelers to the United States to submit voluntarily to
      a preclearance procedure established by the Department of State
      and the Immigration and Naturalization Service to determine
      whether such travelers are admissible to the United States under
      section 1182 of this title. Consideration shall be given to the
      feasibility of expanding the preclearance program to include the
      preclearance both of foreign nationals traveling to Canada and
      foreign nationals traveling to Mexico.
      (2) Preinspection
        The feasibility of expanding preinspection facilities at
      foreign airports as described in section 1225a of this title.
      Consideration shall be given to the feasibility of expanding
      preinspections to foreign nationals on air flights destined for
      Canada and Mexico, and the cross training and funding of
      inspectors from Canada and Mexico.
      (3) Conditions
        A determination of the measures necessary to ensure that the
      conditions required by section 1225a(a)(5) of this title are
      satisfied, including consultation with experts recognized for
      their expertise regarding the conditions required by that
      section.
    (c) Report
      Not later than 1 year after May 14, 2002, the President shall
    submit to the appropriate committees of Congress a report setting
    forth the findings of the study conducted under subsection (a) of
    this section.
    (d) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary to carry out this section.

-SOURCE-
    (Pub. L. 107-173, title IV, Sec. 401, May 14, 2002, 116 Stat. 557.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1752                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-
    Sec. 1752. Staffing levels at ports of entry

-STATUTE-
      The Immigration and Naturalization Service shall staff ports of
    entry at such levels that would be adequate to meet traffic flow
    and inspection time objectives efficiently without compromising the
    safety and security of the United States. Estimated staffing levels
    under workforce models for the Immigration and Naturalization
    Service shall be based on the goal of providing immigration
    services described in section 1356(g) of this title within 45
    minutes of a passenger's presentation for inspection.

-SOURCE-
    (Pub. L. 107-173, title IV, Sec. 403(b), May 14, 2002, 116 Stat.
    559.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1753                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER IV - INSPECTION AND ADMISSION OF ALIENS

-HEAD-
    Sec. 1753. Joint United States-Canada projects for alternative
      inspections services

-STATUTE-
    (a) In general
      United States border inspections agencies, including the
    Immigration and Naturalization Service, acting jointly and under an
    agreement of cooperation with the Government of Canada, may conduct
    joint United States-Canada inspections projects on the
    international border between the two countries. Each such project
    may provide alternative inspections services and shall undertake to
    harmonize the criteria for inspections applied by the two countries
    in implementing those projects.
    (b) Annual report
      The Attorney General and the Secretary of the Treasury shall
    prepare and submit annually to Congress a report on the joint
    United States-Canada inspections projects conducted under
    subsection (a) of this section.
    (c) Exemption from Administrative Procedure Act and Paperwork
      Reduction Act
      Subchapter II of chapter 5 of title 5 (commonly referred to as
    the "Administrative Procedure Act") and chapter 35 of title 44
    (commonly referred to as the "Paperwork Reduction Act") shall not
    apply to fee setting for services and other administrative
    requirements relating to projects described in subsection (a) of
    this section, except that fees and forms established for such
    projects shall be published as a notice in the Federal Register.

-SOURCE-
    (Pub. L. 107-173, title IV, Sec. 404, May 14, 2002, 116 Stat. 560.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE
           VISITORS                                        01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-HEAD-
           SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS       

-End-

-CITE-
    8 USC Sec. 1761                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-HEAD-
    Sec. 1761. Foreign student monitoring program

-STATUTE-
    (a) Omitted
    (b) Information required of the visa applicant
      Prior to the issuance of a visa under subparagraph (F),
    subparagraph (M), or, with respect to an alien seeking to attend an
    approved institution of higher education, subparagraph (J) of
    section 1101(a)(15) of this title, each alien applying for such
    visa shall provide to a consular officer the following information:
        (1) The alien's address in the country of origin.
        (2) The names and addresses of the alien's spouse, children,
      parents, and siblings.
        (3) The names of contacts of the alien in the alien's country
      of residence who could verify information about the alien.
        (4) Previous work history, if any, including the names and
      addresses of employers.
    (c) Transitional program
      (1) In general
        Not later than 120 days after May 14, 2002, and until such time
      as the system described in section 1372 of this title is fully
      implemented, the following requirements shall apply:
        (A) Restrictions on issuance of visas
          A visa may not be issued to an alien under subparagraph (F),
        subparagraph (M), or, with respect to an alien seeking to
        attend an approved institution of higher education,
        subparagraph (J) of section 1101(a)(15) of this title, unless -
        
            (i) the Department of State has received from an approved
          institution of higher education or other approved educational
          institution electronic evidence of documentation of the
          alien's acceptance at that institution; and
            (ii) the consular officer has adequately reviewed the
          applicant's visa record.
        (B) Notification upon visa issuance
          Upon the issuance of a visa under section 1101(a)(15)(F) or
        (M) of this title to an alien, the Secretary of State shall
        transmit to the Immigration and Naturalization Service a
        notification of the issuance of that visa.
        (C) Notification upon admission of alien
          The Immigration and Naturalization Service shall notify the
        approved institution of higher education or other approved
        educational institution that an alien accepted for such
        institution or program has been admitted to the United States.
        (D) Notification of failure of enrollment
          Not later than 30 days after the deadline for registering for
        classes for an academic term, the approved institution of
        higher education or other approved educational institution
        shall inform the Immigration and Naturalization Service through
        data-sharing arrangements of any failure of any alien described
        in subparagraph (C) to enroll or to commence participation.
      (2) Requirement to submit list of approved institutions
        Not later than 30 days after May 14, 2002, the Attorney General
      shall provide the Secretary of State with a list of all approved
      institutions of higher education and other approved educational
      institutions that are authorized to receive nonimmigrants under
      section 1101(a)(15)(F) or (M) of this title.
      (3) Authorization of appropriations
        There are authorized to be appropriated such sums as may be
      necessary to carry out this subsection.

-SOURCE-
    (Pub. L. 107-173, title V, Sec. 501, May 14, 2002, 116 Stat. 560.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 501 of Pub. L. 107-173. Subsec.
    (a) of section 501 of Pub. L. 107-173 amended section 1372 of this
    title.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1762                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER V - FOREIGN STUDENTS AND EXCHANGE VISITORS

-HEAD-
    Sec. 1762. Review of institutions and other entities authorized to
      enroll or sponsor certain nonimmigrants

-STATUTE-
    (a) Periodic review of compliance
      Not later than two years after May 14, 2002, and every two years
    thereafter, the Commissioner of Immigration and Naturalization, in
    consultation with the Secretary of Education, shall conduct a
    review of the institutions certified to receive nonimmigrants under
    section 1101(a)(15)(F), (M), or (J) of this title. Each review
    shall determine whether the institutions are in compliance with - 
        (1) recordkeeping and reporting requirements to receive
      nonimmigrants under section 1101(a)(15)(F), (M), or (J) of this
      title; and
        (2) recordkeeping and reporting requirements under section 1372
      of this title.
    (b) Periodic review of sponsors of exchange visitors
      (1) Requirement for reviews
        Not later than two years after May 14, 2002, and every two
      years thereafter, the Secretary of State shall conduct a review
      of the entities designated to sponsor exchange visitor program
      participants under section 1101(a)(15)(J) of this title.
      (2) Determinations
        On the basis of reviews of entities under paragraph (1), the
      Secretary shall determine whether the entities are in compliance
      with - 
          (A) recordkeeping and reporting requirements to receive
        nonimmigrant exchange visitor program participants under
        section 1101(a)(15)(J) of this title; and
          (B) recordkeeping and reporting requirements under section
        1372 of this title.
    (c) Effect of material failure to comply
      Material failure of an institution or other entity to comply with
    the recordkeeping and reporting requirements to receive
    nonimmigrant students or exchange visitor program participants
    under section 1101(a)(15)(F), (M), or (J) of this title, or section
    1372 of this title, shall result in the suspension for at least one
    year or termination, at the election of the Commissioner of
    Immigration and Naturalization, of the institution's approval to
    receive such students, or result in the suspension for at least one
    year or termination, at the election of the Secretary of State, of
    the other entity's designation to sponsor exchange visitor program
    participants, as the case may be.

-SOURCE-
    (Pub. L. 107-173, title V, Sec. 502, May 14, 2002, 116 Stat. 563.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC SUBCHAPTER VI - MISCELLANEOUS PROVISIONS              01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
                 SUBCHAPTER VI - MISCELLANEOUS PROVISIONS             

-End-

-CITE-
    8 USC Sec. 1771                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1771. General Accounting Office study

-STATUTE-
    (a) Requirement for study
      (1) In general
        The Comptroller General of the United States shall conduct a
      study to determine the feasibility and utility of implementing a
      requirement that each nonimmigrant alien in the United States
      submit to the Commissioner of Immigration and Naturalization each
      year a current address and, where applicable, the name and
      address of an employer.
      (2) Nonimmigrant alien defined
        In paragraph (1), the term "nonimmigrant alien" means an alien
      described in section 1101(a)(15) of this title.
    (b) Report
      Not later than 1 year after May 14, 2002, the Comptroller General
    shall submit to Congress a report on the results of the study under
    subsection (a) of this section. The report shall include the
    Comptroller General's findings, together with any recommendations
    that the Comptroller General considers appropriate.

-SOURCE-
    (Pub. L. 107-173, title VI, Sec. 602, May 14, 2002, 116 Stat. 564.)

-CHANGE-
                              CHANGE OF NAME                          
      General Accounting Office redesignated Government Accountability
    Office by section 8 of Pub. L. 108-271, set out as a note under
    section 702 of Title 31, Money and Finance.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1772                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1772. International cooperation

-STATUTE-
    (a) International electronic data system
      The Secretary of State and the Commissioner of Immigration and
    Naturalization, in consultation with the Assistant to the President
    for Homeland Security, shall jointly conduct a study of the
    alternative approaches (including the costs of, and procedures
    necessary for, each alternative approach) for encouraging or
    requiring Canada, Mexico, and countries treated as visa waiver
    program countries under section 217 of the Immigration and
    Nationality Act [8 U.S.C. 1187] to develop an intergovernmental
    network of interoperable electronic data systems that - 
        (1) facilitates real-time access to that country's law
      enforcement and intelligence information that is needed by the
      Department of State and the Immigration and Naturalization
      Service to screen visa applicants and applicants for admission
      into the United States to identify aliens who are inadmissible or
      deportable under the Immigration and Nationality Act (8 U.S.C.
      1101 et seq.);
        (2) is interoperable with the electronic data system
      implemented under section 1722 of this title; and
        (3) performs in accordance with implementation of the
      technology standard referred to in section 1722(a) of this title.
    (b) Report
      Not later than 1 year after May 14, 2002, the Secretary of State
    and the Attorney General shall submit to the appropriate committees
    of Congress a report setting forth the findings of the study
    conducted under subsection (a) of this section.

-SOURCE-
    (Pub. L. 107-173, title VI, Sec. 603, May 14, 2002, 116 Stat. 564.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (a)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
    which is classified principally to chapter 12 (Sec. 1101 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 1101 of this title and
    Tables.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1773                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1773. Statutory construction

-STATUTE-
      Nothing in this chapter shall be construed to impose requirements
    that are inconsistent with the North American Free Trade Agreement
    or to require additional documents for aliens for whom documentary
    requirements are waived under section 1182(d)(4)(B) of this title.

-SOURCE-
    (Pub. L. 107-173, title VI, Sec. 604, May 14, 2002, 116 Stat. 565.)

-End-

-CITE-
    8 USC Sec. 1774                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1774. Annual report on aliens who fail to appear after release
      on own recognizance

-STATUTE-
    (a) Requirement for report
      Not later than January 15 of each year, the Attorney General
    shall submit to the appropriate committees of Congress a report on
    the total number of aliens who, during the preceding year, failed
    to attend a removal proceeding after having been arrested outside a
    port of entry, served a notice to appear under section 1229(a)(1)
    of this title, and released on the alien's own recognizance. The
    report shall also take into account the number of cases in which
    there were defects in notices of hearing or the service of notices
    of hearing, together with a description and analysis of the
    effects, if any, that the defects had on the attendance of aliens
    at the proceedings.
    (b) Initial report
      Notwithstanding the time for submission of the annual report
    provided in subsection (a) of this section, the report for 2001
    shall be submitted not later than 6 months after May 14, 2002.

-SOURCE-
    (Pub. L. 107-173, title VI, Sec. 605, May 14, 2002, 116 Stat. 565.)

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.

-End-

-CITE-
    8 USC Sec. 1775                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1775. Retention of nonimmigrant visa applications by the
      Department of State

-STATUTE-
      The Department of State shall retain, for a period of seven years
    from the date of application, every application for a nonimmigrant
    visa under section 101(a)(15) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(15)) in a form that will be admissible in the
    courts of the United States or in administrative proceedings,
    including removal proceedings under such Act [8 U.S.C. 1101 et
    seq.], without regard to whether the application was approved or
    denied.

-SOURCE-
    (Pub. L. 107-173, title VI, Sec. 606, May 14, 2002, 116 Stat. 565.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in text, is act
    June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
    classified principally to chapter 12 (Sec. 1101 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1101 of this title and
    Tables.

-End-

-CITE-
    8 USC Sec. 1776                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1776. Training program

-STATUTE-
    (1) Review, evaluation, and revision of existing training programs
      The Secretary of Homeland Security shall - 
        (A) review and evaluate the training regarding travel and
      identity documents, and techniques, patterns, and trends
      associated with terrorist travel that is provided to personnel of
      the Department of Homeland Security;
        (B) in coordination with the Secretary of State, review and
      evaluate the training described in subparagraph (A) that is
      provided to relevant personnel of the Department of State; and
        (C) in coordination with the Secretary of State, develop and
      implement an initial training and periodic retraining program - 
          (i) to teach border, immigration, and consular officials (who
        inspect or review travel or identity documents as part of their
        official duties) how to effectively detect, intercept, and
        disrupt terrorist travel; and
          (ii) to ensure that the officials described in clause (i)
        regularly receive the most current information on such matters
        and are periodically retrained on the matters described in
        paragraph (2).
    (2) Required topics of revised programs
      The training program developed under paragraph (1)(C) shall
    include training in - 
        (A) methods for identifying fraudulent and genuine travel
      documents;
        (B) methods for detecting terrorist indicators on travel
      documents and other relevant identity documents;
        (C) recognition of travel patterns, tactics, and behaviors
      exhibited by terrorists;
        (D) effective utilization of information contained in databases
      and data systems available to the Department of Homeland
      Security; and
        (E) other topics determined to be appropriate by the Secretary
      of Homeland Security, in consultation with the Secretary of State
      or the Director of National Intelligence.
    (3) Implementation
      (A) Department of Homeland Security
        (i) In general
          The Secretary of Homeland Security shall provide all border
        and immigration officials who inspect or review travel or
        identity documents as part of their official duties with the
        training described in paragraph (1)(C).
        (ii) Report to Congress
          Not later than 12 months after December 17, 2004, and
        annually thereafter for a period of 3 years, the Secretary of
        Homeland Security shall submit a report to Congress that - 
            (I) describes the number of border and immigration
          officials who inspect or review identity documents as part of
          their official duties, and the proportion of whom have
          received the revised training program described in paragraph
          (1)(C)(i);
            (II) explains the reasons, if any, for not completing the
          requisite training described in paragraph (1)(C)(i);
            (III) provides a timetable for completion of the training
          described in paragraph (1)(C)(i) for those who have not
          received such training; and
            (IV) describes the status of periodic retraining of
          appropriate personnel described in paragraph (1)(C)(ii).
      (B) Department of State
        (i) In general
          The Secretary of State shall provide all consular officers
        who inspect or review travel or identity documents as part of
        their official duties with the training described in paragraph
        (1)(C).
        (ii) Report to Congress
          Not later than 12 months after December 17, 2004, and
        annually thereafter for a period of 3 years, the Secretary of
        State shall submit a report to Congress that - 
            (I) describes the number of consular officers who inspect
          or review travel or identity documents as part of their
          official duties, and the proportion of whom have received the
          revised training program described in paragraph (1)(C)(i);
            (II) explains the reasons, if any, for not completing the
          requisite training described in paragraph (1)(C)(i);
            (III) provides a timetable for completion of the training
          described in paragraph (1)(C)(i) for those who have not
          received such training; and
            (IV) describes the status of periodic retraining of
          appropriate personnel described in paragraph (1)(C)(ii).
    (4) Assistance to others
      The Secretary of Homeland Security may assist States, Indian
    tribes, local governments, and private organizations to establish
    training programs related to terrorist travel intelligence.
    (5) Authorization of appropriations
      There are authorized to be appropriated such sums as may be
    necessary for each of the fiscal years 2005 through 2009 to carry
    out the provisions of this section.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7201(d), Dec. 17, 2004, 118 Stat.
    3811.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the 9/11
    Commission Implementation Act of 2004, and not as part of the
    Enhanced Border Security and Visa Entry Reform Act of 2002 which
    comprises this chapter.

-MISC1-
                                 FINDINGS                             
      Pub. L. 108-458, title VII, Sec. 7201(a), Dec. 17, 2004, 118
    Stat. 3808, provided that: "Consistent with the report of the
    National Commission on Terrorist Attacks Upon the United States,
    Congress makes the following findings:
        "(1) Travel documents are as important to terrorists as weapons
      since terrorists must travel clandestinely to meet, train, plan,
      case targets, and gain access to attack sites.
        "(2) International travel is dangerous for terrorists because
      they must surface to pass through regulated channels, present
      themselves to border security officials, or attempt to circumvent
      inspection points.
        "(3) Terrorists use evasive, but detectable, methods to travel,
      such as altered and counterfeit passports and visas, specific
      travel methods and routes, liaisons with corrupt government
      officials, human smuggling networks, supportive travel agencies,
      and immigration and identity fraud.
        "(4) Before September 11, 2001, no Federal agency
      systematically analyzed terrorist travel strategies. If an agency
      had done so, the agency could have discovered the ways in which
      the terrorist predecessors to al Qaeda had been systematically,
      but detectably, exploiting weaknesses in our border security
      since the early 1990s.
        "(5) Many of the hijackers were potentially vulnerable to
      interception by border authorities. Analyzing their
      characteristic travel documents and travel patterns could have
      allowed authorities to intercept some of the hijackers and a more
      effective use of information available in government databases
      could have identified some of the hijackers.
        "(6) The routine operations of our immigration laws and the
      aspects of those laws not specifically aimed at protecting
      against terrorism inevitably shaped al Qaeda's planning and
      opportunities.
        "(7) New insights into terrorist travel gained since September
      11, 2001, have not been adequately integrated into the front
      lines of border security.
        "(8) The small classified terrorist travel intelligence
      collection and analysis program currently in place has produced
      useful results and should be expanded."

-End-

-CITE-
    8 USC Sec. 1777                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1777. Establishment of Human Smuggling and Trafficking Center

-STATUTE-
    (a) Establishment
      There is established a Human Smuggling and Trafficking Center
    (referred to in this section as the "Center").
    (b) Operation
      The Secretary of State, the Secretary of Homeland Security, and
    the Attorney General shall operate the Center in accordance with
    the Memorandum of Understanding entitled, "Human Smuggling and
    Trafficking Center (HSTC), Charter".
    (c) Functions
      In addition to such other responsibilities as the President may
    assign, the Center shall - 
        (1) serve as the focal point for interagency efforts to address
      terrorist travel;
        (2) serve as a clearinghouse with respect to all relevant
      information from all Federal Government agencies in support of
      the United States strategy to prevent separate, but related,
      issues of clandestine terrorist travel and facilitation of
      migrant smuggling and trafficking of persons;
        (3) ensure cooperation among all relevant policy, law
      enforcement, diplomatic, and intelligence agencies of the Federal
      Government to improve effectiveness and to convert all
      information available to the Federal Government relating to
      clandestine terrorist travel and facilitation, migrant smuggling,
      and trafficking of persons into tactical, operational, and
      strategic intelligence that can be used to combat such illegal
      activities; and
        (4) prepare and submit to Congress, on an annual basis, a
      strategic assessment regarding vulnerabilities in the United
      States and foreign travel system that may be exploited by
      international terrorists, human smugglers and traffickers, and
      their facilitators.
    (d) Report
      Not later than 180 days after December 17, 2004, the President
    shall transmit to Congress a report regarding the implementation of
    this section, including a description of the staffing and resource
    needs of the Center.
    (e) Relationship to the NCTC
      As part of its mission to combat terrorist travel, the Center
    shall work to support the efforts of the National Counterterrorism
    Center.

-SOURCE-
    (Pub. L. 108-458, title VII, Sec. 7202, Dec. 17, 2004, 118 Stat.
    3813.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Intelligence Reform and
    Terrorism Prevention Act of 2004, and also as part of the 9/11
    Commission Implementation Act of 2004, and not as part of the
    Enhanced Border Security and Visa Entry Reform Act of 2002 which
    comprises this chapter.

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For assignment of functions of President under subsec. (d) of
    this section, see section 1 of Memorandum of President of the
    United States, Apr. 21, 2005, 70 F.R. 48633, set out as a note
    under section 301 of title 3, The President.

-End-

-CITE-
    8 USC Sec. 1778                                             01/03/2007

-EXPCITE-
    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 15 - ENHANCED BORDER SECURITY AND VISA ENTRY REFORM
    SUBCHAPTER VI - MISCELLANEOUS PROVISIONS

-HEAD-
    Sec. 1778. Vulnerability and threat assessment

-STATUTE-
    (a) Study
      The Under Secretary of Homeland Security for Border and
    Transportation Security, in consultation with the Under Secretary
    of Homeland Security for Science and Technology and the Under
    Secretary of Homeland Security for Information Analysis and
    Infrastructure Protection, shall study the technology, equipment,
    and personnel needed to address security vulnerabilities within the
    United States for each field office of the Bureau of Customs and
    Border Protection that has responsibility for any portion of the
    United States borders with Canada and Mexico. The Under Secretary
    shall conduct follow-up studies at least once every 5 years.
    (b) Report to Congress
      The Under Secretary shall submit a report to Congress on the
    Under Secretary's findings and conclusions from each study
    conducted under subsection (a) of this section together with
    legislative recommendations, as appropriate, for addressing any
    security vulnerabilities found by the study.
    (c) Authorization of appropriations
      There are authorized to be appropriated to the Department of
    Homeland Security Directorate of Border and Transportation Security
    such sums as may be necessary for fiscal years 2006 through 2011 to
    carry out any such recommendations from the first study conducted
    under subsection (a) of this section.

-SOURCE-
    (Pub. L. 109-13, div. B, title III, Sec. 301, May 11, 2005, 119
    Stat. 316.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the REAL ID Act of 2005, and also
    as part of the Emergency Supplemental Appropriations Act for
    Defense, the Global War on Terror, and Tsunami Relief, 2005, and
    not as part of the Enhanced Border Security and Visa Entry Reform
    Act of 2002 which comprises this chapter.

-End-